CREEK INFORMATION In the administrative report of Dr. J. Walter Fewkes, Chief of the Bureau of American Ethnology, for the fiscal year ended June 30, 1921, Mr. J. N. B. Hewitt reported that he was "at work on some material relating to the general culture of the Muskhogean peoples, especially that relating to the Creeks and the Choctaw." He went on to say that-- In 1881-82 Maj. J. W. Powell began to collect and record this matter at first hand from Mr. L. C. Perryman and Gen. Pleasant Porter, both well versed in the native customs, beliefs, culture, and social organization of their peoples. Mr. Hewitt assisted in this compilation and recording. In this way he became familiar with this material, which was laid aside for lack of careful revision, and a portion of which has been lost; but as there is still much that is valuable and not available in print it was deemed wise to prepare the matter for publication, especially in view of the fact that the objective activities treated in these records no longer form a part of the life of the Muskhogean peoples, and so cannot be obtained at first hand. In addition to this material, it is designed to add as supplementary matter some Creek tales and mythic legends collected by Mr. Jeremiah Curtin. At that time I was preparing my extensive Creek material for the press and suggested to Mr. Hewitt that he print his own notes first so that I could refer to them. But although the administrative report for the year following indicates continued work by Mr. Hewitt on his manuscript and it appears that he took it up again in 1926 for a time, it remained unpublished at the time of his death. Although Choctaw is mentioned in the administrative report of 1920-21 as well as Creek, the material is practically all Creek. The greater part of this Hewitt had copied, in a somewhat amplified form. I have checked his copies by the originals and have completed the copying. The material is not very extensive and in considerable, measure it duplicates what I published in the Forty-second Annual Report of the Bureau, but there is some information which is unique. The greater part of this material was obtained from Legus F. Perryman of the Okmulgee or Big Springs town and the remainder from Gen. Pleasant Porter, also of Okmulgee. Porter was at one time head chief of the Creek Nation and Perryman probably accompanied him as his "interpreter", though both appear to have been able to speak and write English, and most of these notes were originally written down by them. Mr. Hewitt states that they were obtained at Jersey City in 1881-82, but on one sheet appears the address "Tremont House, Washington, D. C.," and so it is probable that some additions were made in Washington. This would seem to be implied by Hewitt's reference to Powell's part in obtaining them. In 1881-82 Hewitt was working over Iroquois material with Mrs. Erminnie Smith, generally in New York State, but. the place of residence of both was Jersey City. Some notes were evidently added in 1883. The editor met Mr. Perryman once in 1912, not many years before his death. In the 30 years that had elapsed between these two dates it is evident that much had dropped from Mr. Perryman's mind. Be that as it may, many of the items in this paper have never been printed before and add some valuable details to our knowledge of the ancient Creeks, and this in spite of the fact that Okmulgee was one of the towns most rapidly affected by European influence. It was formerly one of those affiliated with the Hitchiti, speaking the Hitchiti language which was nearer to Choctaw than to Creek. Notes on the Creek Indians The editor has preferred to risk some repetition of material already published in the Forty-second Annual Report of the Bureau and other papers rather than the omission of material that might be of service for a fuller understanding of the ancient Creek organization. Wherever the pronoun I appears it is the editor who is speaking, but it will not be difficult to separate the few comments that he has added. Towns1 At the time when Porter and Perryman were interviewed (1881-82) they stated that there were 49 towns, each occupying a distinct territory, but that they had increased greatly after white contact and that tradition said there were originally but 18. These were all divided into two classes, one called the Italwalgi (Itulwulki) and the other the Kipayalgi (Kipayulki, Kipoywulki, Kupahyulki).2 This last is also given as Tipayulki but this form seems to be erroneous. The towns called Italwalgi had control of important matters relating to civil government. Their badge was white, the emblem of peace and wisdom. The towns (or tribes) called Kipayalgi had charge of military affairs, and their badge was red, the emblem of war and prowess. In many respects the former had executive functions, while those of the latter were legislative and judicial. The colors mentioned were painted on doorposts and on various articles, and were used in bodily decoration. All of the people of a town, whether of White or Red clans, belonged as a whole to one of these two classes. Although the White towns were entitled to the civil offices, sometimes the Red towns obtained such dominion and power during war that they kept them when peace came. For instance, the White towns had civil control of the Creeks from time immemorial up to the Revolution of 1776, and then the Red towns obtained power and kept it until 1861. Since the Civil War, 1861-65, the White towns have again been in control. The White towns took sides under McGillivary with the British and this may have caused the change of power to the Red towns. The following list of the eighteen original towns with their daughter towns and the division of the nation to which each belonged is given by Perryman, but the more usual spellings of the town names leave been substituted. White Towns I. Tulsa-------------------------- {1. Otclapofa ("In the hickory grove"). {2. Tulsa Atcina-hetchee ("Cedar Creek Tulsa" or "Little River Tulsa"). {3. Tulsa Kaniti ( "Tulsa Canadian"). {4. Lutcapoga ("Turtle Place"). Nos. 2 and 3 represent a division which took place after they migrated west. There is a note to the effect that the Tusked came from Tulsa but this is erroneous. II. Tuskegee--------------------- {1. Oi-tcadi Tuskegee ("Red Water Tuskegee") {2. Kaniti Tuskegee ("Canadian Tuskegee"). These two towns had divided only a short time before. III.------------------------------ {1. Tallahassee ( "Old Town"). {2. Tukpafka ("Spunk Town"). {2a. Koasati {Wakokai ("Blue Heron Town"-the place where they nested). No. 1 is said to have been "the first." No. 2a was inserted later and the insertion is erroneous. The name of No. 4 is also that of the Mississippi River. IV. Okfuskee-------------------- {1. Okfuskee. {2. Tcatoksofka {3. Abihkutci. {4. Nyaka. "These four were all one and this one was called Okfuskee. Before that they were all Tulsa and the Tuskegee were also at first Tulsa; all the White towns were originally Tulsa.3 All carne out of the ground at the Rocky Mountains." No. 2 is said to have been modern, only 50 years old in 1882. V. Hitchiti ----------------------- {1. Talwa lake. {2. Okinulgee (or "Big Spring"). 3. Sawokil (extinct). 4. Okitiyakani (extinct). The first three were originally one town called Hitchiti. This is somewhat confusing for Hitchiti is also given among the numbered towns. VI. Kasihta. VII. Lalogalga ("The fishery-fish pond"). VIII.---------------------------- {1. Wiwohka ("A-wo'-ka") ("Roaring Water"). {2. Okchai. No. 1 separated from No. 2. IX. Asilanabi ("When the tea stem is green" or "Place of green leaves." The "tea" is said to have been from wintergreen leaves but this is doubtful) X. Abihka, The gate of the nation. 1. Abihka. 2. Talladega. 3. Kan-teadi. There was only one square at first but "of late they have had three squares." XI. Pakan-tallahassee. From what town lately sprung is not known. -------------------------------------------------------------------------------- 1 See Forty-second Ann. Rept. Bur. Amer. Ethn., Washington, 1928; also F. G. Speck, Ethnology of the Yuchi Indians, Anthropological Publications of the University of Pennsylvania Museum, vol. 1, No. 1, Philadelphia, 1909 ; and F. G. Speck, The Creek Indians of Taskigi Town, in Memoirs of the American Anthropological Association, n. s. vol. II, pt. 2. 2 Italwalgi seems to mean "his own towns" and Kipayalgi or Inkipayalgi, "his opposites," and it is believed that the applications of these would change with the individual. Perryman and Porter belonged to a White town and therefore their Italwalgi ,sere Whites and their Kipayalgi were Reds. Had they belonged to a Red town the appellations would have shifted accordingly. 3 This Is certainly wrong. The Tuskegee were connected with the Alabama and Koasati NOTE: In the words Italwalgi and Kipayalgi there should be a dot over the a. Red Towns I. Coweta----------------------- {1. Coweta. {2. Likatcka. These two towns were formerly one. II. Tukabahchee. III. {1. Holiwaliali. {2. Laplako. IV. {1. Kaialedji. {2. Hatchee teaba. These were one and came from Tukabahchee. V. 1. Atasi. 2. Tal-muchasi. These were one. VI. {1. Eufaula. {2. Eufaula hobai ("Eufaula far away"). VII. {1. Chiaha. {2. Osochi. {3. Hotalgihuyana ("Whrilwind Track") These three were one. Towns confederated with the Creeks but speaking other languages were the following 1. Yuchi (adopted by the Kasihta). 2. Alabama. 3. Koasati. 4. Hitchiti. The Yuchi language was very different from the Creek. The others resembled one another and were similar to Choctaw. The following tribes were. conquered by the. Creeks or were remnants of peoples incorporated with them: 1. Apalachicola. 2. Yamasalgi. 3. Nokfilalgi. 4. Natchez. These four were thought. to be extinct but the first continued under the, name Talwa lako, and there are a few Natchez even today. Perryman thought that the Alabama, Hitchiti, and Koasati had sprung from the Apalachicola and he is, indeed, supported by their languages. A note says that Alabama, Hitchiti, Koasati, and Natchez were like Choctaw but that is not. true of Natchez, though Natchez is remotely connected with the Muskhogean tongues. The information above given corresponds in almost every detail with that which I obtained 30 years later, but, as already stated, Koasati was in no way connected with the Tukpafka group of towns, and the same may be said of Tuskegee. I did not learn of a town corresponding to Tallahassee from which the Tukpafka group are supposed to have come, and Perryman was clearly wrong, or misunderstood in separating Lalogalga from Okchai and Asilanabi. The relationship of these three is so well recognized that not a suggestion of any difference in origin reached me. On the other hand, I am not certain that Wiwohka belonged with them, though the connection is probable. It will be noticed that, although the group to which Kaialedji and Hatchee-tcaba belongs is made coordinate with Tukabahchee, it is stated specifically that the former came from the latter, but the information I received regarding Tal-muchasi would separate it from Atasi and align it with the Okfuskee towns. This I believe to be correct, because the connection is stated by Hawkins. Atasi, as well as Kaialedji, is commonly believed to lave sprung from Tukabahchee. Either Perryman did not know that Apalachicola and Talwa lako were names for the same town or, what is more probable, he was misunderstood. The Yamasee were connected with the Hitchiti in language, and Gatschet was given to understand that Nokfilalgi was a name for the Timucua of Florida. A town was usually designated as a "fire,'' for a council fire was always kindled in it in a prescribed place, and the houses of the village had to be built within a drumbeat of that. The man who had charge of the fire was an important official and was called Tutka-titca, signifying "five maker." Each town had a certain amount of land under cultivation and whenever a child was born it, was proportionately increased, an extra allotment. being made. At the annual festival a census was taken by means of sticks (the "broken days") and if it showed all increase in population, more land was taken in. This, of course, applies to the time when there was plenty of waste land around the towns If they found they were decreasing--I suppose this means decreasing seriously-they attributed the calamity to the tythe (tie) snake and removed. Towns, like clans, were perpetuated matrilineally, each person belonging to the town of his or her mother. Clans4 Among the Creeks the clan was a body of kindred, actual or by the legal fiction of adoption, which did not embrace the entire body of persons represented in a community having a kinship system. The persons who belonged to a clan might be regarded as the descendants of a common ancestor, a woman, through women. Only the descendants of the women belonged to the clan. The descendants of the males belonged to the several clans with which they had intermarried. Thus, a group of brothers and sisters belonged to the clan of their mother; but only the children of the sisters remained in the clan; the children of the brothers belonged to the clans of their wives, as has just been said. The organization of the clan was based on kinship. The unit of the organization of the tribe was the clan, since each tribe was composed of a group of clans. The town was usually constituted of a number of segments of clans, each segment retaining its blood kinship rights and duties. Each household or fireside, of course, consisted of members of two different clans. -------------------------------------------------------------------------------- 4 Forty-second Ann. Rpt. Bur. Amer. Ethn., Washington, 1928, pp. 114-119 ; F. G. Speck, Ethnology of the Yuchi Indians, Anthrop. Purls. Univ. of Pa. Museum. The clans were separated into two divisions, one called Hathagalgi, "People of the White," and the other Tcilokogalgi, "Foreigners," who were enemies, fighters, bloody} red. One authority called the second of these "Olumhulkee", probably intended for Lamhalgi, "Eagle People," the Eagle clan, although now nearly extinct, having at one time been important. Each of these is said to have consisted of four principal clans front which the others had theoretically, become separated, and these, along with solve of their subdivisions, were given by Perryman as follows: Hathaga (White Moiety) I. Hotalgalgi, Wind Clan. a. Konalgi, Skunk Clan. II. Itchaswillgi, Beaver Clan. III. Nokosalgi, Bear Clan. a. Yahalgi, Wolf Clan. IV. Fuswalgi, Bird Clan. Tcilokoko (Red(?) Moiety) I. Aktayatcalgi, said to be the old name. a. Toclalgi, Fox Clan. II. Katcalgi, Panther Clan a. Kowakatcalgi, Wildcat Clan (all cat clans came from it). III. Ahalagalgi, Potato Clan. a. Halpatalgi, Alligator Clan. b. Wotkalgi, Raccoon Clan. c. Sopaktalgi, Toad Clan. IV. Itcoalgi, Deer Clan. The arrangement by fours falls in line with a tendency noteworthy in Morgan's treatment of clans among various tribes and might be attributed to him since his influence was all-powerful in the Bureau of Ethnology in its early years. This, however, would be a mistake. The number four is the cardinal ceremonial number among the Creeks and use of it may readily be attributed to that fact. Again, so far as the White clans are concerned, the data I got agrees precisely with that of Perryman. Even in this moiety it was probably a con- vention, as I learned from two or three good sources that the Ka- tcalgi--of all clans--had formerly been on the White side. The ar- rangement of clans in the Red moiety is still more doubtful, outside of what has already been said of the Katcalgi. The Aktayatcalgi and Ahalagalgi were sometimes put together. More often the Tcolalgi were associated with the Ahalagalgi. On the other hand, the Wotkalgi were usually made one of the leading clans, or the leading clan of its group, and the Halpatalgi were generally given all independent position though classed with the Itamalgi, given by Perryman as an unclassified clan, and the Pinwalgi or Turkey Clan. The Sopaktalgi, however, I never before heard of associated with this group. They were always placed with the Takosalgi or Mole Clan and the Tcokotalgi, and sometimes these were put in one phratry with the Itcoalgi. Besides those clans already given. Perryman knew of two others, one called the Atcialgi or Corn Clan, of unknown affiliations. The other, the Panosalgi, is probably intended for Pahosalgi, a clan closely connected with the Deer. The Square Ground5 The Square or Yard was called Tokfi'tta (or Tokfi'kta), but sometimes Paskofa (Perryman spelled it "Pas-cofar" or "Pans-cofer"). Three plans of Creek Squares are given, two of them evidently intended to represent the same, while the third seems to be distinct. As the descriptions given in the teat and the notes accompanying the sketches disagree in soiree particulars, it is somewhat uncertain flow many Square Grounds are in question. The third plan (fig. 13) bears a rather close resemblance in its arrangements to what we know of Kasihta and is probably intended for it.6 a The four cabins erected toward the four cardinal points are indicated by A, A, A, A, and, in front of each, split logs are shown (B, B, B, B). The Chiefs (Makagi) who belonged to White clans sat. in the west cabin, the Warriors (Tastanagalgi) and spergers (Yaholagi), the former at least, from Red Clans, in the north cabin, tile. Figure 13. Creek Square Ground or "Big House, probably that of Kasihta. -------------------------------------------------------------------------------- 5 Ibid., pp. 170-241; also cf. Smithsonian Misc. Colls., vol. 85, no. 8. Tokfl'tta contain the word fl'tta, "yard." Paskofa means "the swept area." 6 See Forty-second Ann. Rept. Bur. Amen. Ethn., p. 266. Chief's Advisers (Taski henihalgi) and Borden-bearers (Imalalgi) or Warriors' Assistants in the south cabin, and the women and children in that to the east. The four cabins together were called the Big House (Teoko lako). C is the "Round or Steep House" ( Tcoko faski ) . The other plans, combined in figure 14, may be intended to represent the Okmulgee Square to which Pleasant Porter and Legus Perryman belonged but the only other plan of that Square I have been able to obtain resembles that of Kasihta.7 This also has four cabins but there is more detail regarding their construction. Each measured 30 by 10 feet and consisted of two long seats, one behind the other. The roof was raised on nine posts (though only six are shown in figure 13) and the ends were separated into two sections--in the minds of the Indians if not otherwise--by a median line from front to back connecting the three center posts. The cabins were oriented so as to form a perfect square facing inward, and twenty feet apart between the nearest posts. The fire was kindled in the exact center of the enclosed space, and, as indicated in the diagram, at the inner ends of four main logs arranged in the form of a cross and oriented also toward the cardinal points. Close to the front posts of all the cabins except that to the east, which was for the women and children, were four seats for men of rank. The west cabin was that of the Chief (Miko) and in it sat, as numbered, (1) the Town Chief (Talwa Miko), and (2) the Speaker (Simiabaya). The Warriors (Tastanagalgi) sat in the north cabin and their leaders at the places numbered 3-5. The Henihalgi sat in the south cabin and on the fourth day of the annual busk the women (6) began their dance in front of the east end of this cabin facing the singers (7) placed there for them. The circle to the northwest marks the location of the "Round or Sharp House" said to be 100 feet in diameter and 50 feet high. The sweepings from the ceremonial ground made ridges of earth called tadjo which are indicated by the broken lines. The circle, to the northeast represents a mound of earth heaped about a tree and derived from the dirt and rubbish in the Square which was scraped up annually and thrown there. The space intervening between this tree and the Square is evidently the Chunk Yard, though it is not so designated. The location of this was different in the different towns. According to the notes in the text the Sharp House was made around a, tall tree or, if no suitable tree was available, a pole erected for the purpose. Other poles were leaned against this and we are here told that it might. be carried up to 60 feet. This was to furnish a shelter in case of rain. A fire was maintained there and there is where they danced in bad weather. By an evident error the text locates this at the "southeast" corner. In the construction of all of these buildings, certain persons were assigned to the duty of procuring each of the timbers, and every clan had to provide a special number of poles for the Sharp House. This assignment was never varied. Figure 14--Creek Square Ground or "Big House", perhaps that of Okmulgee. Every person know his place in the Square. The west and south cabins were generally occupied by men of the White clans, but in one town we are informed that they used only part of the south cabin and had some seats in the east cabin instead. This exception may have been due to the fact that the Imalalgi, assistants of the Warriors, were seated in the south cabin in the first plan given. All of these Squares were arranged in accordance with certain measurements and the Indians were as precise about these as if their lives depended upon it. Government8 Perryman said that each town consisted of a number of clans or rather a number of segments of clans, and the Town Chief (Talwa Miko) was chosen from the principal one. Whenever another clan increased in numbers and importance so as to exceed that of the principal clan, a part or the whole of this clan would separate from the village and establish a new one. This happened only when the people were so numerous and the leading men so popular that they could induce members of the other clans to unite with them in the enterprise. In this way the chiefs of the several tribes came to be widely distributed among the clans. This statement must, however, be taken with some qualification since a number of related towns are known to have been governed by the same clan. In the Red towns the leading officers were selected from the military line by the civil moiety, and the leading officers of the White towns(§) were selected from the civil moiety by the people of the military moiety, in whom inhered the military government and who to some extent took part also in civil affairs, as in a similar manner the civilians took part in military affairs. But questions of peace were decided by the people of the White towns, and civil officers were chosen from their body. Questions relating to war were settled by the people of the Red towns, and the military officers were chosen there from. -------------------------------------------------------------------------------- 7 Ibid., p, 269. 8 Forty-second Ann. Rept. Bur. Ethn., pp 276-333; Smithsonian Misc. Colls., vol 85, No. 8 Tribal Migrations East of the Mississippi There was yet another class of people in the state, namely, the prophets and medicine men or shamans. These constituted a priesthood, and performed important functions. Every act of the Muskogee government, or of the officers thereof, was considered a religious act. Councils were always convened with religious ceremonies and the installation of officers was always opened similarly. In the charge given to the officers at their installation, the religious customs were enjoined and the importance of these shown. The festivals held by the people were all religious festivals, were opened with religious ceremonies, and were intended to inculcate religious ideas, so that when a festival was held religious truths were always taught. Whenever punishment was inflicted, the religious reasons there for were always explained to the culprit and to the people. All punishment was explained as a washing away of the wrong. Every officer of the government was also a religious officer and was virtually a priest, and these officers were supposed to be repositories of religious truth, so that the doctrines were handed down from officer to officer of the government from generation to generation, and the method of selecting officers long in advance of their installation was needful in order that the men might be trained in the governmental, and especially in the religious, duties. In fact, governmental and religious duties were held to be one and the same. The principal chief of a town, called Miko or Talwa Miko, was chosen out of the domestic or White clans by the executive or Red clans. One class selected the leader from the other class. In making studied the character and qualifications of the best men that the particular group of clans had, and talked about, the matter so, times for a week or more, finally selecting the man they regarded as wisest and best. They did not, however, take a formal vote. The names of a dozen men might be mentioned at first, and the number then harrowed down to one. Afterwards one of the it number was chosen to deliver the decision. He might be called a member of the Executive Council. These Town Chiefs never held a higher office but the Executive Chiefs could be promoted. New members were added by the Executive Council itself, but a great many clans had no man fit for the position. They might number as many as 24 but, were often fewer. The name of the new chief having been announced by these men, including a list of his virtues, a committee of these same clans notified him in a speech which lasted all night. He might refuse the honor absolutely. If he did they approached him again, but if he refused the third time they left him alone. However, a man of great prudence would refuse until the third time. He would not consent at once, but if he finally accepted he would say: "If it, is your will, then it must be so." When he had accepted the office the opposite line of clams was notified of his acceptance. When it was thought to be necessary to change a chief, the matter was taken under consideration a long time. They would say: "This man is getting too old; his thoughts are getting short, and he cannot finish an idea; he cannot rule wisely. Let us select some younger man to learn the duties of the position." Then, after a long conference, another man would be selected and notified. A man's son was never made chief in his father's stead. His uncle was the nearest kin, being his mother's brother, and having the same blood as his mother. The installation of chiefs.-When they installed a chief they put in his hand a white wing or a white feather. White was the emblem of civic rule. Sometimes they used the wing of a large white bird or white feathers from the wing of a turkey. The fan was placed in his left hand, and in his right hand he held a white staff. A long ritual speech was made by the celebrant to the officer who was being installed. The first idea presented to him was this: "We put you on your bench and put in your hands the white fan and the white staff of authority and we also put in your care our women, our children, and people without number." They always used these ceremonial expressions, and also said, "We put the laws of our government in your hands." Then they told him that he must not occasion strife nor permit it, that he must not allow the "crossing of sharp instruments," meaning any kind of internal tribal strife, and added, "We are under you; you must see to it that this great calamity does not take place." They told him that he must not govern by sharp instruments, that is, by war, but he must govern by the law of wisdom. They told him that, his eyes must look downward, but that he must not see the ground. This meant that he must, keep his people in view and not be influenced by anything around him. There is a great deal involved in the idea. He must look downward toward the ground but should see nothing crawling, crawling things being evils or dangers to the public welfare. He must consider only he interest of his people. The speech of installation was very lengthy. Two persons out of certain clans were appointed by the chiefs of the towns to install officers, and the people followed them two or four deep. They followed them about until they came and stood before the candidate, when these two men walked out before him, conducted him to his bench, and proclaimed the law to him. To be considered a person of great wisdom a man must be able, it was said, to discuss fully and completely four lines of thought.. There appears to be some confusion in the statement of these, but. it seems that the speaker first (a) gave all the objections raised by the opponents of the solution he favored, then (b) he answered those objections, (c) stated all the other objections to his own ideas he could think of and (d) finally outlined his own position on the matter in hand. Usually this was done very elegantly by a skillful speaker, setting forth in succession as convincingly as he could the cases for the negative and affirmative, and often he did it so well that one would believe he advocated the position opposed to his own.9 -------------------------------------------------------------------------------- 9 The four lines of thought are recapitulated right afterwards and in a somewhat different manner. Rather brief mention is made of "the Chief or Superintendent of the Council Square." He seems to have been the man called in one place Tocko-lako-miko, "Big House (i. e.. Square) Chief." His duties were plainly confined to matters within the Square Ground, as his name implies, but he was also a kind of lieutenant to the Town Chief and took his place on occasion. Therefore he was usually called Miko Apokta, "Second Chief," and generally belonged to the same clan as Miko. The chief's adviser and spokesman was called Heniha or Taski Heniha. In one place it is said that he was "the Chief or Head Herald or Speaker whose duty it was to declare the decrees and judgments of the Principal Chief acting as the spokesman of the Council and through whom said Principal Chief always conveyed to tile people the knowledge of the laws and decisions of the Council in the establishment and enforcement of law arid order." He had charge of certain feasts and festivals. He was supposed to be an old man, thoroughly versed in the laws and traditions of the people. Sometimes there was a fiction of age, for this office might be held by a young man. After it decision had been reached by the Council, the Town Chief called this man to him, and informed him of it, telling him just, what he must say to the people, and then the other announced the decision in a loud voice to all present. Taski Heniha seems to have been the name of the principal speaker to distinguish him from the rest of the Henihas, for there were usually several, all drawn from one clan or one phratry. As defined by Perryman, the Heniha appears to have performed the functions elsewhere assumed by tile Yatika, "Interpreter." It is possible that in the Okmulgee town, or perhaps an among the Lower Creeks generally, this was usual, or it may have come about through a breakdown of the organization. In the Okchai town, at least., the Heniha and Yatika were two different men, one sitting at the right hand of the Miko, the other at his left., but it was the Yatika who spoke. The position of Heniha was, however, hereditary in a special clan, usually the Wind, and at least a White clan, while that of Yatika seems to have been attained by merit. It. is possible that a Yatika was gradually introduced owing to the fact that the Heniha would not always be endowed with the necessary eloquence. The Tastanagi was a Military Chief whose duty it was to organize and have in charge the warriors in the town, i. e., the men who were fit to take part in warfare. In one place there is mention of two Tastanagis, and we know that there were sometimes more than one, and that in such cases the principal warrior was called Tastanagi lako, "Big Warrior." He was the Sheriff or Chief of Police within the town as well as the Head Warrior outside of it. The Imalas are called "burden carriers" and are said to leave had certain duties to perform in the festivals. They were in fact a. warlike grade below the Tastanagis and acted as their lieutenants and messengers. Like the Tastanagis, they were selected from Red clans. The name Yaholagi is given to several messengers, evidently those selected to administer the Black Drink to the members of the Council. In these notes a more general function is indicated, "that of a crier or herald, or one who announces or conveys to others the decisions or orders of his superiors," but. their specific and original duty was probably as just given. The Chief Priest, Fire Keeper, or Fire Maker of the town (Tutkatitca), was also known as Medicine Maker (Hilis-haya). In making a fire he bored one stick into another until the fire started. Sometimes 12 men cooperated, one boring at a time. At every Council the fire must be kindled by means of the fire drill and by the Fire Maker. He did not sleep on the night before he made the fire, being supposed to work upon it all night. He is said to have as one of his duties that of calling the Council together by beating upon a drum at the town house. He was selected on account of his recognized abilities and appointed his own subordinates. However, he seems usually to have belonged to the same clan as the Town Chief and I was told that this was due to fear of treachery. There was a Councilman or Elder Man who represented in the town council his clan or that segment of it which dwelt in his town. At times it became necessary for all the segments of a clan to assemble to discuss and adjust. affairs which concerned the entire clan. So many new towns came into existence in later times that it happened that the jurisdiction and authority of the Elder Man or Head Man of a segment in an important town came to extend over two or more segments dwelling in contiguous towns, especially when these towns were only short distances apart. Usually each segment of a clan in the several towns had its special Elder Man but in some cases, where an original town had been divided into two or more, and such divisions occupied adjacent sites, there might be a common Elder Man for such segments, but the Elder Man of the entire clan was supreme over all, and an important case might be submitted to him from any segment. The clan regulated its own affairs, that is to say, the conduct of its members in relation to one another. The Elder Man was the chief and usually the oldest man, but if the oldest man had become incapacitated by reason of senility, the next in age became the Elder Man. This officer was the teacher and counselor of the clan, and his authority was great. When minor offenses were committed complaint was made to the Elder Man, whose duty it was to advise and warn tile offender. When offenses were more flagrant, or had been repeated after warning, complaint was made again to the Elder Man and the offender was punished in accordance with his judgment. Elsewhere it is said that this officer was called "the Ancient." Though this office might be held by a person of any age and was sometimes occupied by a mere boy, yet he was always called the Ancient One. Nevertheless, an old man might lose his position on arriving at his dotage. When matters of importance to the segment of a clan arose, this Ancient might call a Council of the clan of all :those who had arrived at years of maturity. The government and teaching of the youth of tile clan belonged to this Ancient. It was his duty to instruct them, from time to time, in their duties and obligations to one, another and to their elders and to the members of the clan. Punishment for even childish derelictions could not be meted out without his advice and consent, which was usually given in a formal manner. The boy or girl, the young man or young woman, as charged with the offense and the Ancient heard the evidence. He might decide that the charge was not well founded, and state that the offender had never been advise to shun the conduct charge against him. But if he decided that the offender had been duly advised regarding such evil conduct as was specified in the charge, then the offender might be whipped by members of his own clan. If matters of grave importance arose in the segment, the Ancient might call a large Council of the clan, composed of the members of two or more of the segments. At this Council the Ancient, or the one among the Ancients who was regarded as the wisest, presided and rendered judgment. A man's status was indicated by his war or busk name. To the name of a chief was appended the word Miko, to that of a warrior the first class the word Tastanagi, to that of an individual belonging to a privileged peace clan the word Heniha; and to the name at one of the second grade of warriors the term Imathla. According to the informants there were two grades beneath these, one indicated by the word Yahola, and a lowest which carried the name Fiksiko or Hatco. The arrangement is given as follows, reckoning from the lowest grade up (1) Fiksiko and Hatco, (2) Yahola, (3) Imathla, (4) Heniha, (5) Tastanagi, "warrior," "leader of warriors," (6) Miko, "chief," or "town Chief." and the following explanation is added: A lad on coming to maturity received his first name. He might be raised subsequently to the second grade, especially if he early manifested wisdom. The word employed for the second grade signified a crier or herald or one who announced or conveyed to others the decisions or orders of his superiors. If a lad belonged to a Red clan he might be raised to the third grade, and if to a White clan to the fourth grade. Later he might be raised from the third grade to the fifth or from the fourth grade to the sixth. The above statements are in line with those obtained by myself, except that my informants did not define the two lowest grades clearly and I do not feel certain that they were universally distinguished. The names Fiksiko and Hatco were usually given to men known as common warriors (Tasikaya). In another place it is said that the Yahola title was higher than Imathla, and that is quite possible since the functions of the yahola criers were important and were concerned with the cult of a being supposed to preside especially over the busk. The later statement, is also evidently correct in claiming the yahola title particularly for the White clans. The Ancient of the clan or Elder Man seems to be confounded sometimes in the material at, hand with the Simiabaiya (or Isimiabaya), which means "he who adds to," or "he who keeps (a body of people) together." In common usage it meant "a leader," and he was usually described as "a chief who represents national interests," one "who represents the town in the council of the confederacy and who represents the town council in matters relating to the confederacy." This is borne out by what is said regarding the manner in which he was selected. We are told that the Simiabaiya came from the same section as the Chief of the town, and that when he attended the General Assembly he usually took with him one of the Tastanagis from the other bench. This is evidently on the assumption that the town Chief belonged to a White clan. In the contrary case, a leader among the Whites world probably be selected. Considerable is said about the manner in which new Simiabiayas were selected but it leaves one in doubt whether the position was retained in the same clan or whether it was retained in two clans of opposite moieties and alternated between them. We read that if the Simiabaiya "is of the clan of the Deer, they will take another man from the Deer clan that has been schooled under him, or some old man of the same clan, and he will be taught under that man. The young man steps into his place from the same clan and the same family as the reigning Simiabaiya. Sometimes they have two or three in training at one time." And yet some of the preceding sentences seem to imply that there was an alternation between the Red and White sides. Just above the Simiabaiya is identified with the Ancient of the clan and it may be imagined that the two offices were often combined in one man. Again, it is said that the clan chiefs were selected by agreement within the clans on the ground that the individuals so selected were the best and wisest. men in the clan and therefore able to represent their interests and assert their rights before the chief. "They are elected usually without any vote, but by general consent of the constituents in consultation." The Councils10 The Council was called Inlalaka, lalaka being a word which signified "great men" or "officers." The town council is said to have been composed of the Town Chief (Miko), the Square Chief (Tcoko-lako Miko), the "Speaker to the Chief," who in this case seems to be identified with the head Tastanagi, and a Councilman from each of the clans, that is, its Ancient. Although it is not so stated, I feel that it must leave included the other speaker for the chief, the Taskheniha, though he may have been admitted to it as Ancient for his own clan. This, indeed, appears to be indicated in another place. -------------------------------------------------------------------------------- 10 See footnote 8. It is said that town councils were called together by the Fire Maker, presumably at the instance of the Chief. The Fire Maker would go to the town house and beat upon the drum, and then summon the Town Chief, the Square Chief, the man who had charge of the Square Ground ceremonies, and three or four other Councilmen called "lawmakers." These last (§) would then call the people together and state the case to them. If a trespass, for instance, had been committed against some other town, the latter would appoint. two persons to meet the others and agree upon some definite method of adjustment. Representatives of both parties would meet and settle the difference. It was the duty of the Ancient to call the clansmen together in council. If they dwelt near one another, he sent a messenger to notify them. If they lived far apart, he broke up a number of sticks and sent to each a bundle containing as many sticks as there were days between that times and the date of the Council. The one who received the sticks threw one away each day, and when he threw away the last one he went to the place of meeting. In the town they all lived within sound of the drum but they did not use it in calling the clan together. At least some of the people were privileged to petition the Town Chief to summon general gatherings. On such occasions the Taskiheniha, or the several Henihas, were also consulted. After the Council had assembled the Chief would set before its members the. reason for calling it, and tell them to take the subject matter into consideration. This was communicated to them directly by the Chief's Speaker. In the case of a Council of the Confederation, the lalakas, or "officers," included the Simiabaiyas, but it is uncertain how many others were added. It was their duty to bring with them the officers of their respective towns, but these were usually only listeners. There was commonly one presiding officer of this Council with a second chief under him, but sometimes there were two of each. The first usage was probably the original one, but it may have been changed to the second "owing to some difference of opinion." The two principal chiefs had equal power and so did the subordinates, but the latter had no duties to perform, being merely in line of succession to the leadership. They would choose two others to succeed them when they became principal chiefs. The presiding officer of the Council informed the Town Chief of any decision that had been made, whereupon the latter would go over the matter with his own speaker in a low voice and the speaker would announce the decision to the officers of the town there met together. It was duty of the officers to pay strict attention to this so that they could repeat it substantially as it had been announced to them. The speaker would instruct them that on their return to their respective towns they must call their people together and communicate to them the laws or other matters that had been resolved upon at the, General Council. They were also to say what the result of disobeying these would be. There was no set time for the meetings of the Confederate Council. Whenever these great men thought it necessary to call it together, it was summoned by direction of the Chief. This apparently means the presiding officer of the Council, who would then send the broken or split sticks to every town in the nation which was expected to attend the Council. Naming11 The first personal name was given to a child at birth in commemoration of an important event which might. have occurred then, or in remembrance of some good or ill fortune that had befallen one of the older clan people, some one of the mother's brothers or sisters or their children. That is, it might refer to ail event which was connected with the person's immediate family or members of his clan. For istance, if some person, perhaps the father or mother, ran away or was thrown down, or if the father was on an expedition and a remarkable event happened, the child born soon afterwards was named from that, occurrence. This was the first name. It was a baby name, and it did not amount to anything. It simply denoted the time of the child's birth. Sometimes, when nothing unusual had occurred, the child was named from some peculiarity of the mother or father. But when the child reached puberty it became necessary to give it a new name, and the right to select this inhered, not in the members of its own clan or moiety, but in the members of the paternal clan or moiety on the other side of the Council Fire. Certain persons within that clan had the matter in charge because of their relationship. The proper notification of the, need for giving one of their offspring a name having been made to the officers of the paternal clan, a suitable name was chosen. A new name was not coined on each occasion, for each clan had a large number of names peculiar to it which were constantly in use, being bestowed again after the death of the bearer. On occasion two or more persons might have. the same name. And so at the annual festival called poskita the Elder Man of the paternal clan stepped forth at the proper time and called out loudly a certain name four times in succession. The person to whom this name, was to be given did not know that it was to be bestowed upon him, and he was then informed. Thereupon lie stepped forth in front. of the said Elder Man and received the name along with a present. Sometimes the name indicated the rank conferred because certain names became attached to certain official positions, as has been explained elsewhere, and installation into an office carried with it the name attached thereto. If a young man was of great promise he might also receive a name belonging to the highest rank of clan chiefs, or the highest to which lie might be entitled by reason of his clan relationship. A youth was likely to receive first the names hadjo or fiksiko. Hadjo signifies "excited," "enthusiastic," "mad," "crazy," and fiksiko "without a heart," "brave." Hadjo denotes a lively or active person, au athlete. Fiksiko means brave, courageous, literally "without feelings." Bestowal of the first name meant that. the youth was now worthy of manhood. The titles given subsequently, Imathla, Tastanagi, and Miko, have been described elsewhere. They carried with them official functions and special seats on the Square Ground. Often men acquired two names or titles. Hopayuki was the highest name of all. The bearer of it combined the qualities of a warrior and prophet and it was derived from hopayi which signifies "a. prophet." Perryman added that it signified a traveled warrior, one who lead been in foreign lands. A Civil Chief might also have this title. Those who had it "did the thinking and the predicting," but the warriors carried out their matured plans. Marriage12 When a man was considered by his clansmen entitled to a wife a conference was held by the, elder men of the clan. The prospective groom must, however, have the following virtues. He must. be a good hunter, a brave warrior, and an athlete. Having decided that he was old enough and fully callable of becoming the parent of children, a decision which gave him adult, status, the elder men conferred with the elder women of the clan, saying to them in substance: "Our young man," giving his name and qualifications, "should now have a wife. He is now a man. He should have the orderly opportunity of having offspring and strengthening our people the thereby." They and the women debated the question seriously and in the best possible spirit, and the women took the matter under advise- ment. It was naturally supposed that the women knew the qualifi- cations of the marriageable women of other clans better than the men. They selected some family in a clan which had a cousin relationship with their own and could intermarry with theirs and in which there were marriageable woman. They asked this cousin clan to give them a wife for one of their mem. At once the members of the cousin clan took the matter under consideration, the elder women consulting with the elder men, saying; "Our cousin clan so-and-so asps us to give them a wife from among our young unmarried women. What do you think of this request?" The men thereupon considered the matter carefully, and if they concluded that the young man was worthy of one of their daughters they permitted the women to return on their behalf an indefinite answer but nevertheless one of encouragement. Thereupon the young man was privileged to make a present to the clan of his prospective bride. It was not necessary to send the present directly to her very house, because the suitor was not supposed to know, and usually did not know, the woman who had been chosen as his spouse. If the clan elders accepted the present they sent it to the woman's house. The suitor was notified and was then privileged to visit in that house,. The woman's maternal uncles then talked with him confidentially but frankly. Finally they told him to return to his own home and say that when they were satisfied that he was the right kind of man they would send for him. That meant that he had been accepted. On the appointed day they harangued him at length, telling of the duties he was about to assume in his new relation as husband. They made him understand the customs peculiar to the clan in which his children would be brought up, and they made him understand what position he would occupy with regard to the people of their clan. Finally they said: "You will find your wife in that house," or "You will find your bed yonder;" indicating it with a gesture. She had purposely been placed there already. In former limes it was customary to give away the oldest girl in the family first, however undesirable she might be, especially if the suitor was not considered a very desirable husband, but if he was liked shy might be passed over. Sometimes a young man of great force of character would circumvent all the finesse of matchmaking and would manage his case so adroitly as to obtain the girl of his own choice. It depended upon his strategy. After that, being a married man, he could go and came whenever he pleased. The groom was expected to leave his wife's house before sunrise every morning until his wife became pregnant. He might then remain, but he must suspend sexual relations with her. In the interval before the birth of the child he was expected to build a house for himself, that is, if the house of her mother was not big enough to accommodate another family. He might erect it near the home of his parents-in-law or some distance away, depending upon his inclinations. Just before the child's birth the young husband was expected to go off on a hunting trip. He was not supposed to be at home on that occasion. But each clan had customs that were peculiar to itself. -------------------------------------------------------------------------------- 11 See Forty-second Ann. Rept. Bur. Anger, Ethn., pp. 97-108. If the betrothed woman eloped, and was not retaken before the next annual busk when all offenses except murder were forgiven, she was free. But if she was recaptured within that time the penalty imposed was very heavy. If the offence was committed within the same clan it was not forgiven and meant death for both man and woman. When fornication occurred between individuals of different clans the matter was compounded by the clans concerned. Certain demands were made for the loss of the woman and these must be satisfied, but the abductor seldom gave the woman up. Generally the penalty was a heavy fine as an equivalent for the loss of the Woman and breach of the common law of marriage. The clan of the offender must pay for the offence. If adultery had been committed and the guilty pair were captured, they were severely punished. The people of the man's clan were called together to exact the penalty. The offenders were beaten with rods until they were insensible, and then the end of the nose was cut off or it was slit lengthwise, or one of the ears of each culprit was cut off or it was sawed with a dull knife, so that no one would be attracted by either in future. Mr. Perryman says that for the first. offence both ears were cut off and for the second the nose. In reply to a question regarding the punishment for the violation of a widow, Mr. Porter said that the violator of a widow was punished exactly as though her husband were living. She belonged to his clan. After the death of a married man the clan elders assembled and, after consultation, chose someone from their clan who was in duty bound under clan custom to marry the widow. If he did not wish to marry her he must: nevertheless take her as his wife for one night, after which his claim to her was extinguished. Then the clan elders chose another man. One member of the clan had the right to select him. Although the man chosen already had a wife, clan law nevertheless required him to take the widow. The old men said that. the man who did not intend to marry a widow took her to his home and kept her there for a single night without having sexual relations with her. That would have been unjust, they said, if he had intended to turn her away immediately afterwards. Still, he could have such relations with her and then release her. When a man married a woman who had a sister or sisters younger than herself, he might claim the right to marry them, and if he had done well by the first he was entitled to the others, but he had nothing to say about giving them away. Education13 The father lead no more to do with the discipline and education of his children than an alien. He could not punish their misconduct in any way, but he had such a right in some other man's family, i. e., in the family of the man who had married his sister. It was the mother's clansmen who might punish the children of their sister. The husband might sit around and talk in his wife's house but. he had no authority there. He had full authority if he wished to exercise it in the house of his sister and her husband. When children arrived at a certain age the sexes were kept strictly apart. This age was not definitely fixed, but probably it was when there. might be danger that the children would think of having carnal intercourse with one another. The girls were controlled by the elder women. They had to sleep apart and to bathe in pools separate from those used by the boys. The girls had to bathe in streams of flowing water below the point at which the boys and men were bathing if necessity compelled them to use the same stream. The boys and men must not cross the path by which the girls and women went to the stream. The boys were kept strictly from the girls until they obtained wives or until they had passed the age of indiscretion. In every town there was an old man who taught. the children. It is implied that there was only one in a town, but it is evident that he was identical with the Ancient or Elder Man mentioned above and that he was a clan functionary or functioned over a group of related clans. He went from house to house, gathering the children around him and telling them tales, singing songs, instructing them first in their duties at hone, obedience to their superiors, their mothers, their uncles (the fathers were not often present), instructing them that they must not tell falsehoods, must not steal, must not injure anyone, must not fight, must not quarrel, must not kill, and so on. As soon as they were 6 years old the boys were instructed to bathe in a stream every morning before sunrise, especially in winter. They were taught to play ball, and once every year they were "scratched," that is, the muscles of their calves and their thighs in front were scratched until the blood ran out in order to make them grow and to harden them. This was continued until they were 15 and it was regarded as an honor for a young man at the ball games to show his scratches in regular order on his arms and legs. When he was 15 a boy on attendance at a night festival would hear a strange name called out several times and then his own name., after which some friend would come for him, take him from the shed of the women and children in the Square Ground, and conduct him to one of the men's sheds, and after certain ceremonies an old man would give him some token, make him an address, and tell him that he was no longer a child but a man. The boy then waved the token over his head and uttered his first war whoop, shouting "Hi-yo-ke-toh," the war whoop. The object of all instruction was to develop a fine body and a good character. The girls were instructed in their ditties by the same old man, but they were not required to bathe every day. There was a girl's game of ball, different from that of the men. It had a single pole and the ball was thrown by the hand at a mark on the pole, every hit counting one. When a boy had been detected in an offence, let us suppose it to be theft, he was brought up for trial and the question was put to the old man, "Has he been taught not to steal?" The reply might be, "Yes, over and over again. He is a bad boy and would not heed instructions." And then, if he was proven guilty, he would be punished severely, generally with the "long scratch," a deep and ugly incision extending from his arms down over his breast and down each leg, or down his back, or both These scratches were readily distinguishable from those given boys at the annual festivals. But if the teacher said that the boy (or girl) had never been taught, no punishment would be inflicted. These teachers taught young people about the laws and the penalties attaching to the infringement of them, for though the children would hear the laws proclaimed at every festival, they would not understand them, and so the teacher had to explain them carefully. If it became evident that a teacher was neglecting his duty another would be put in his place. There was no formal appointment. The people simply sent for him to come and instruct their children. He was usually a medicine man. Sometimes a woman would study medicine and become a doctor but no woman held any office. Boys were early instructed in the ball play, as it was considered the best, means of developing their muscles, since it was accompanied by running and wrestling. The old men said it was invented at a time when there was no war and therefore there were no enemies to fight. They called it the "Little War." The name of it was Po-ko-its it-ten, "Hitting at a ball," and sometimes Ah-fats-kee-tah, "Amusement," (Related by L. Perryman, December 14, 1882.) Crime14 The fundamental idea regarding punishment was that it cleansed the culprit from the guilt of his crime. Criminals carried no guilt with them out of the world. After undergoing the prescribed punishment the culprit was innocent. It mattered not what he had done. If the law and custom had been enforced against him (or her) he was thereafter, to all intents and purposes, as innocent and as honorable as any other man in the community. If a person of one clan killed a member of another it was held that the crime had been committed against the entire clan, and it was the right and the duty of every member of the aggrieved clan to seek reparation from the other. The Ancients of the injured clan formally demanded satisfaction of the other. Two persons were generally selected to carry the news and make the demand. They dressed in a certain way and put certain marks on their persons. They always dressed in haste. Before they reached the edge of the town they rushed forward shouting and were perfectly safe when coming in this manner. No person might then interrupt them. No one might touch them. While on such missions they were, sacred. They then lead a right to deliver the message, and no person could question them. If there was no dispute as to the facts, the clansmen adjusted the matter without an appeal is the higher authorities, by one of the following methods: Atonement by adoption and substitution.-If the murderer was a man of consideration, a fine ball player, a valiant warrior, or a successful hunter, and an excellent man in every way, the clan of the murdered man, when they held their council, might say: "Had we not better save this man? We cannot bring back our own kinsman. Here are his mother, his family, his sisters who are dependent on him. Let, us, then, save this man's life." Thereupon, he would be adopted to take the place and position of the murdered man. It was not always necessary for a prisoner of war to run the gauntlet before being adopted by some member of the clan. Sometimes the wife of the murdered man accepted the murderer as her husband after he had been adopted into the clan. In like manner, the mother of the murdered son or daughter might adopt the murderer in place of such a child. Atonement by heroic deeds.-If the injured clan had lost one or more of its members in war with another tribe and such injury was still un-avenged, the murderer might volunteer to become the avenger, in which case, if the proposition was accepted, he might at once, proceed to perform his self-imposed task. To this usage Muskogee tradition attributed the origin of the custom of taking scalps as evidence of victory. Atonement by payment of wergild.-If the murdered man was a person of low standing in the tribe, a warrior of no renown, a poor hunter, a generally worthless fellow, and the murderer was a man of high standing, and if the latter had a brother or cousin of the same standing as the murdered man, the brother of low degree was usually substituted for the real murderer. Atonement by death.-If the murderer himself was a man of small repute it often happened that his clansmen consented to his death, and then the clansmen of the murdered man were permitted to execute the sentence. If the members of the clans interested failed to settle the difficulty speedily the matter was usually brought up before the Council of the Town and settled there. Generally three men, but sometimes six, were selected to hear the evidence. The fact that a murder had been committed was sometimes called to the attention of the clan by the Town Chief. In case the parties to the murder belonged to different towns and the clansmen failed to adjust the difficulty the case was brought up before the Council of the Confederation. But if a man killed one of his own clansmen the matter was settled wholly within the clan. No compensation or other satisfaction was made by the clan itself; in this case, the only question that arose concerned the advisability of killing the murderer. The friends of the murdered man might claim their right to take his life, and they might proceed to the killing; but if the murdered man was of less eminence than the murderer, an attempt was usually made by the most closely related clansmen to placate with gifts the anger of the nearer relatives and friends of the murdered man by repeating to them what an injury to the clan it would be to lose a man of such high standing. When the murderer was a man of distinction he was executed with arrows, but the old women finished a man of no consideration with a war club, and a woman was also executed with a war club. Time was given before the execution to prepare for the death ceremonies. Sometimes the criminal was sent to a hostile town where he was executed by those who did not know him. If his own town decided to execute him it was done by certain officers who had this among their functions. It may be mentioned as a curious fact that if the executioners failed to kill their victim at the first attempt it was held that some mystic power had interposed, and the offender was adjudged in consequence was interpreted as involving mystic interference. If a serious personal difficulty arose between members of different clans it was settled simply by agreement between the clans. All difficulties of this nature were settled by calling the town together. In case a member of one clan lost an eye by the act of a member of another clan, one of the other clan must also sacrifice an eye if reparation was not otherwise made. With respect to a very troublesome man, his own kinsmen, his own clan would kill him unless, after due warning, he mended his ways, for they had determined that he was not worthy of life that he would corrupt the young men and cause them to do evil, and that he was not capable of raising good children, for these children would be bad like him. If a man were outlawed no individual might kill him, but after they had related to him his evil deeds as a warning to others, he was executed by the collective body. If a man or woman stole, an object, the injured clan through its own spokesman notified the clansmen of the culprit. After hearing the evidence the accused clan was obliged to bring forward a return or payment of equivalent value. Twofold was the custom of the Creeks; they never attempted to deny the theft if they were satisfied with the character of the evidence. The clan as a whole examined the evidence brought forward to support the charge. If they found the charge true (and their own honor made it necessary for them to find out the truth about it), they decided what should be done under the circumstances. Sometimes in making reparations they turned the culprit over to the offended clad for punishment, where he might be whipped or otherwise punished, although his own clan could pay for the stolen object. But if he was a good man in other respects they willingly paid for the stolen object. If the clan made the reparation by returning the object stolen with a good-will offering or by paying the equivalent of the stolen property, in making reparation the clansmen declared to him the law of theft, pointing out the different steps in wrongdoing which had brought him to this culpable act and the evil consequences of the act as well. The restitution or reparation being made, the offender was considered just as good as any other member of the clan, his physical punishment had the same effect. Ceremonies15 A number of festivals were held during the year determined by certain phases of the moon. Anciently it was customary to hold such meetings every month to give and receive counsel and also for enjoyment. There were two principal festivals, a lesser and a greater. The former took place in the spring, usually early in April, and in the south generally at the time when berries, such as mulberries, were getting ripe. The town chief notified his people, and particularly the medicine man, when it was time to hold it. Then the people assembled at the bush ground after dark and danced all night--men, women, and children. In the morning the men swallowed the medicine (pasa) which soon caused violent vomiting, but the women and children mereiy washed their hands and faces in it. This was prepared during the night, the medicine man blowing into it and a weak solution of miko hoyanidja (red root) was prepared and carried home for those unable on account of sickness to be present. During the morning the people all went home carrying some of this medicine with them to the sick who were not required to take the strong emetic (the pasa). The assembly was dismissed after the rehearsal of the several duties which devolved upon each one. The great festival, called Poskita or Busk, which signifies "to fast," was held when the corn was large enough for roasting ears, generally in July or August, and at a certain time of the moon. Towns differed as to the time of the moon but each always held it at the same time annually. The town chief first called a meeting to dance and during the night of the dance he delivered bundles of sticks of seven each to the Tastanagi, who then proclaimed that the "broken days" were made, i. e., that the time was appointed and the sticks ready for distribution, and that the people must prepare to hunt before the great ceremony took place. This was perhaps the assembly called Hilis-cinet-kita, "Medicine overnight," at which they took medicine to prepare their bodies for the reception of the maturing crops and the ripening fruits. At these meetings the same ritual was observed, an important feature being the rehearsal of the chief points of their laws, in the nature of an epitome. The speakers would point out in what respects they feared the young and unruly among them were going against the provisions of their laws, and the penalties that must follow such infractions. Each of the principal men for whom the bundles had been prepared took one, threw a stick away the first day and continued doing so until the seventh day, when all assembled at the Square Ground again and danced all night. They could hunt during the entire intervening period or at any time within it. On the next day, the eighth, the town chief again delivered bundles of sticks to the Tastanagi and he announced that the broken days were "made" for the Great Festival. They threw away one stick as they began to clean up the Square Ground, a proceeding which generally took them not more than an hour, and then they went home to breakfast. On the next day, the second of the busk series of "broken days," all remained at home making preparations to move to the Square Ground. On the third day the people assembled at the Square with the game which they had killed already prepared, like the rest of the provisions, so that it would keep during the busk. That night there was an ordinary dance, lasting about two hours, participated in by men, women, and children. There were no important dances on that night. On the morning of the fourth day a fire was kindled in the Square by the medicine man with the use of two sticks rubbed together, medicines also being used. The men then assembled in the Square, and sat around, and the women brought provisions there and laid them down. The men ate in the Square that day but the women had to eat at their camps. The best of the provisions were supplied but no new vegetables, no new corn. If persons from other towns were present they were also invited to eat. At midday, while the men were eating, the women danced the Its-hopunga, "Gun Dance," each woman standing alone and circling about the fire. Before they began, a speech was made by the Great Tastanagi of the town, in which he rehearsed briefly the traditional history of the people, emphasized the importance of the festival they were observing, and informed them that it had existed from immemorial times. He gave the traditional story of the founding of the town and the origin of the festivals, detailing briefly the rules governing them. He called the attention of the people to the importance of preserving them because they tended to preserve their health and prolong their lives. He exhorted his people to follow their leaders and keep in the ways of their fathers. He also told them that this was the right time for the festival. These speakers always referred to a long-past home in the east where the sun rises. This form of expression was used even when they lived in Georgia. In preparation for their dance the women put on their finest costumes, with plumes, shells around their necks and ankles. There were three leaders who wore terrapin shells. Three men were stationed in the south cabin, and when the women leaders were ready these musicians began to sing, accompanied by drums and rattles made of terrapin shells or a coconut filled with pebbles and provided with a handle. The women danced around the fire four times. Then they retired and rested, returned and danced around the fire four times more, and continued in this way until they had danced four several and separate times, making four circles around the fire each time. The men sang and kept time to the music of the drum and shells, and the women kept time with their feet and by rattling their shells. It took about two hours to complete this dance. Meanwhile, after the chief had finished his address, a number of young men, who lead been standing about a hundred yards away, around the mound in the tadjo, gave a whoop and ran away to the prairie to obtain the medicine. In about an hour they returned bearing this on poles and delivered it to the chief medicine man. This medicine was the pasa (button-snake-root) and it is a very violent emetic. That night there was another ordinary dance by the men, women, and children. The men sang as they danced but the women and children only whooped. On the fifth day no woman and no man who was not undergoing the purification was allowed to enter the Square Ground. The medicine being now ready, the fasting men drank it, beginning at daylight; certain chosen men bringing it to them. Each drank until he was full and vomiting was induced. That night the fasters danced and kept it up all night. They ate nothing all that day. Many different dances were performed and if anyone fell asleep he, had to pay a fine. On the sixth day the men drank a decoction made from the leaves of the asi (Ilex vomitoria). This was taken at intervals until midforenoon, perhaps 9 o'clock, and they danced the Feather Dance. Then they ate, or rather drank, a thin gruel made of corn called sofki, the water and corn being simply cooked together. No salt must be used. They could now eat the new corn, but without salt, and melons and similar food might also be eaten. They continued to dance the Feather Dance during the rest of the day but remained in the Square Ground and might not touch anyone who had not partaken of the medicine (pasa?). That night they slept in the cabins or on the Square Ground. On the seventh day they began dancing the Feather Dance early in the morning. Each dancer bore a pole decorated with feathers, half of them, belonging to the White Clan Cabin, having white feathers, and half, belonging to the Red Clan Cabin on the north side of the Square, having black feathers. There were two dance leaders and all followed them in two rows, a white-feathered pole being followed by a black-feathered pole, and so on. The men sang while they danced. After this the ground was swept clean, preparatory to admitting all the other people. The notes are confusing at this point, but I understand that the women now brought provisions into the Square, but nothing that had been cooked with salt. Two men were then sent out to tell the women to prepare to dance the Red War Dance, the War Dance, the Paint-Up Dance ("to paint up for war"), the native name of which is Its-atitska. Both men and women painted up but only the women danced. The singers painted one side of the face black and the other side red. This was the "War paint." Just before the women began dancing another long speech was made telling of their wars, of their great warriors, and great deeds, in order to encourage the young men to become great warriors and leaders. If a war was on foot the warriors would be ready to set out, being now purified. Then the women, without any men, came out and danced this War Dance. The three leaders had boards made in the shape of tomahawks, painted red, and decorated with black and white feathers, and they shook there as they danced. They danced around the fire and then rested, repeating this four times. In modern times some of the women have had guns or pistols which they discharged while dancing. This dance was like the first women's dance. It was controlled by the Red Clans while the other was controlled by the White Clans. The great Feather Dance, however, was controlled by both jointly. This one dance lasted several hours. Then followed a Buffalo Dance by the men, stripped naked and wearing only their breechclouts, ornaments on their arms, tiger tails, and ornaments and buffalo horns on their heads. It followed the war dance by the women. One man sang and the rest grunted like buffalo, and they stooped down as they danced. They pretended to paw the ground and bellow. They feasted afterwards. Then came a rest until sunset. After nightfall they began the night dances with singing and whooping--no war dances-only peace dances. First they danced the Old Dance, participated in by men, women, and children who danced first around the mound in the Tadjo and then inside the Square. It was followed by common amusement dances or "stomp dances" which lasted all night. In these they imitated the cow, horse, quail, etc. They came to an end at daylight and then all left for their homes. Mention is made elsewhere of the Crooked Arrow Dance and the Dance with Knives. It is also said that they took medicine for four days while the above schedule allows for but three. Late in the autumn it was customary to assemble the people for the purpose of performing Medicine Dances which were like those performed in the spring. All these dances were not solely for the old men or solely for the ball players, but as well in order to give the young men and the young women enjoyment. One group of social units commonly sent a challenge to their opponents in ball-play in the following words "Our young men have become lonesome for the lack of pleasure and for this reason we are sending to challenge you to a game of ball." At all meetings there was dancing and enjoyment for young and old, and when it was time to separate a speaker of known ability addressed the assembly with words of good counsel. First the speaker would say that they had assembled for amusement and instruction and then he would follow with an outline of the general law of morals observed by the people. He pointed out the great danger to the peace of the community involved in forgetting or overstepping that, law. The penalty for these transgressions was set forth in brief but forcible terms. Afterwards he announced any new law or regulation adopted by the chiefs and councilors with the injunction that it be carefully observed. He summarized the reasons which had moved their leaders to enact it after having given the matter due consideration, telling the people that their chiefs had discussed it at length. He admonished all to obey their leaders without question, for it was intimated that they knew best the principles of their moral law. The people thus received an outline of it and were instructed to carry it out. Usually the kindred towns were invited to these assemblies. Their representatives were assigned certain places in the Square and took part in the ceremonies performed there. It was merely a matter of courtesy to ask them to take part. in the ceremonies. They had nothing to do with the internal affairs of the town that entertained them. In emergencies these kindred towns were sometimes asked in to aid if the town itself could not decide on the proper measures to take. Their decision was then accepted as the law of the town in question. There is a note to the effect that the women danced on each of the four days on which the men took medicine, but this seems to be an error. Guardian Spirits Innutska is said to have. been the naive of the tutelary deity which came to a youth when he was fasting at the time of puberty. It seems to mean literally "What-comes-to-him-in-sleep." The girls are said to have acquired their guardian spirits "through the medium of remarkable dreams" and so there may not have been much difference between the two. Indeed, our text continues, "both male and female persons may acquire fetishes through such dreams or by adopting an object, or a portion of an object which has impressed the partaker as exhibiting magic power, such as a fierce animal or striking rock, or an element of some weird experience." The editor has no parallel to this in his material. Medicine16 When a person was taken ill his near kindred appointed one of their number to take an article he had worn to the prophet who subjected it to a searching examination (by means of certain drugs?) for the purpose of ascertaining the cause of the illness. If he succeeded he told his clients the name of it but he himself gave no medicine. Diseases were carefully classified, and as soon as the disease was known the remedy was known and recourse was had to the medicine man or a medicine woman. This person possessed a pouch, usually made of the whole skin of some animal, which was well filled with the remedies known to him or her. Some were compounded from roots, leaves, or herbs as well as pebbles, shells, or other strange objects, each of which had been acquired in accordance with certain esoteric formulae known only to an inner circle of the medical fraternity of the community. Each drug was prepared during the singing of a song peculiar to it, and it is added that this took place during a meeting of the medicine men of the community, but I feel uncertain regarding this. Usually the words of this song describe the preparation of the medicine in great detail, although in terms which are largely metaphorical. Many diseases were attributed to the influences of animals, such as the bear, buffalo, beaver, and deer. If a person had stomach trouble it might be said that the beaver had built a dam across it. If he was afflicted with boils it might be said that ants had raised small anthills on his flesh. Another animal was said to cause diarrhea. If a person touched an eagle without using the proper medicine he would have a wry neck. Rheumatism was caused by a fabulous monster. When one sneezed it was said someone was talking about him. In order to become a medicine man or a medicine woman a person must fast a certain number of days, must learn the prescribed songs, must prepare medicines (and charms) according to well-established formulae, must remain in seclusion at times, and must then use the medicines which had been thus prepared when called to minister to the sick. This process of instruction and initiation continued four moons in each year for four successive years. Each medicine must be learned in four days. Some practitioners would refuse to administer remedies for certain diseases and would send the patient to another who was regarded as a specialist in that subject. Four was a sacred number among the Creek. It will be remembered that the novice in medicine fasted for four days. One must sing a song for four days detailing the virtues of the medicine and teaching what it would do. Thus the number four appeared in numerous places. There were four days assigned in which to learn each remedy and four months in each year of a four-year period for completing the medical course. Again, a man might not have sexual relations with his wife for four months after the birth of a child. A sick man must use a remedy during four consecutive days. Mr. Porter said that, certain herbs were collected one at a time on four successive days, and successively on exposures toward the east, the south, the west, and the north. The medicine man or woman was exempt from all manner of work except the preparation and administration of remedies. The head medicine man of the town must prepare and kindle the council fire, although, in a figurative sense, this was supposed to be burning always. The chief prophet of the tribe (or town), who might be at the same time the medicine man, had charge of the war medicines, which are said to have been prepared at a secret conclave of the medical fraternity. He was much feared because of his supposed power to cure or cause fatal illnesses. It was believed that he had one medicine potent enough to make the ground quake, another to cause the enemy to lose their way, another to make the ground swampy, another to bring on a rainfall that would obliterate all tracks, others to lengthen or shorten distances another to bring on heavy fogs, another to make arrows go straight to the mark, another to transform men into certain animals such as the wolf (fox) or owl, so that they might spy out the enemies' camp without being detected, and still another, the greatest of all, to cause the warriors to have an aspect terrifying to their enemies. This great medicine man would stanch the flow of blood and heal wounds received in war. The first thing done to such a wounded man was to have him eat certain kinds of earth, one of which was the clay or mud brought up by the crawfish (fakkitali, lit. "raw dirt"). This crawfish earth was also applied to the wound externally. Then he was secluded so that no woman might see him, lest one in her catamenial period should lay eyes on him. It was believed that, if such a woman should lay eyes on him, his cure would be impossible. Grayson added that the medicine man could make a medicine capable of transforming the human body into a sieve so as to allow an arrow or bullet to pass through him without occasioning injury. This condition of the body was known as E-sar-la-weatch-e-toh. It was commonly believed that a man who killed another was haunted by the latter's spirit and would become insane, meaning "troubled by the spirit," unless he was purified. It was also believed that a person who merely associated with an unpurified murderer must himself be purified lest he lose his sanity. Insanity was treated as follows. First, four clear white pebbles were selected and placed in a cup of clear water. Over this certain ceremonies were performed and certain songs sung. Then the medicine man took some of the water into his mouth and spurted it violently upon the head of the insane man, also causing him to drink from the cup four times. It was believed that this performance gave the medicine man power over the insane person who thereafter was compelled to do his bidding and was treated in various ways until finally cured. Witchcraft17 One of the duties of the medicine man was to apprehend sorcerers, witches, or wizards who had committed some offense against the welfare of the community, using arts and craft superior to theirs. When a person was convicted of such an offense-by well-established, many, and severe ordeals and tests-he was condemned to death. He was then placed in charge of the medicine man. It was said that a person under charge of witchcraft must show that he had greater powers than the medicine man, thereby proving, I suppose, that he had been falsely accused. "He would try to show a great fire and then vanish out of sight." It was believed that wizards could take out their intestines containing their life spirit and transform themselves into owls, flickers, etc., after which they would fly through the air to perform their misdeeds. Therefore owls and other birds of ill omen were held in great terror. The owl referred to is commonly the great horned owl. Souls18 A man was believed to have two souls, first, the spirit which goes with him through life and talks to him in his dreams and is called the good spirit, being named inu'tska, which signifies "his talent," "his ability," "his genius." It was thought to be seated in the head. There was also the spirit or soul of the dead person, yafiktca, lit. "his entrails." Sentiments, passions, feelings of good and evil, are said to come from the latter; thought, planning, devising from the former. There seems to be some confusion in the text between heart and head, the former being fiki, the latter fiktoi. It was declared that the "life spirit"' resides in the intestines and does not leave them until after a person's death. (See Witchcraft.) Some, however, believed that the life spirit could leave the body without bringing on death, as in sleep and dreams. The term hisakita, "the breath," was applied to the agency of the great prophet above, but, according to one statement, was also applied to the life spirit. Story of the Man who Became a Tie-Snake19 Among Mr. Hewitt's papers was a version of this story of which I Have published five more. It was written down at Washington D. C., June, 24, 1883, perhaps by Porter or Perryman but more likely it was one of the tales collected by Jeremiah Curtin to which Hewitt refers in his report to the Chief of the Bureau. It runs as follows Two Indians, one of whom was named Kowe, went upon a hunting expedition and were singularly unsuccessful. Before they killed anything their supplies of food became exhausted and they had nothing to eat. One evening, as they were walking along through the forests, feeling very hungry and dejected, Kowe noticing nearby the hollow stump of a tree which had been broken off near the ground, approached it and found that it contained water. Upon closer examination he found a few small fishes swimming about in this which he captured in order to use them as food. When night came on and they could not well proceed farther, the hunters halted and established a camp or resting place for the night. Dressing the fish and preparing them for the evening meal, Kowe invited his companion to join him in eating them. The latter, however, declined, saying that, as the fish had been caught in a very unnatural place, he feared that they had become in some way unfit for human food, and would have a bad effect on anyone eating their. He advised Kowe himself not to eat them but the latter was very hungry and was not deterred by his friend's fears. At the time they retired to rest no ill consequences showed themselves, but late in the night Kowe was heard to groan and make sounds as if he were in great misery, so that his friend was awakened. On inquiring the trouble, Kowe replied: "You cautioned me last evening against eating those fishes, but I did not heed you and ate them, and that, I apprehend, is the cause of my present calamity. I am now spontaneously and steadily taking on a hideous form, an end which I can neither avert nor control, and it is distressingly painful. I wish you to get up and look at me, but I hope you will not be afraid of me, for no matter what my form proves to be, I shall never forget our friendship or harm you." Upon this the friend got up and, lifting the covering from his unfortunate friend, found that he was gradually being metamorphosed into a snake, a large portion being already coiled up in the bed. He replaced the covering and bore his grief in silence. When morning came and it was light Kowe had turned into a fully developed snake of hideous appearance. He was, however, able to converse with his friend in human language and he solicited him to follow him back to a lake or pond of water which they had passed the day before. On their way there the snake requested his friend to return home and inform his wife and all of his relations of the occurrence, and to tell them that he desired they should all come out to the pond to see him for the last time. He further directed that he should bring back a saoga or rattle to rattle on the bank so that he would know that his wife and relatives had come to see him, whereupon he would appear to them. Having given these directions to his friend, he disappeared in the depths of the lake which they had now reached. The friend immediately returned home and reported what had happened to him, delivering also his message to his wife and relatives. As soon as possible the relatives and many others went to the pond to view the strange sight, the news of which was uppermost in everyone's mind. On reaching the pond the friend began to shake his rattle and sing, calling "Kowe! Kowe!" as he had been instructed to do. Thereupon the waters of the pond began to roll and bubble and show considerable commotion, and presently an enormous snake appeared. Coming up to the shore where stood a great crowd of spectators, it laid its head on the lap of the woman who had been its wife during the days of its humanity. Its head was now surmounted by a pair of horns. It happened that the woman was provided with a sharp instrument and with this she cut. the horns off as mementos of him who could no more be her companion. These horns were found to have value to anyone who had a portion of one, giving him luck and success in the hunt. It is said that a song or chant something like the following must be sung before going out with the horn to hunt He coiled himself up He loosed himself out of his coil He straightened himself out He went in a zigzag way He glittered toward the sun He disappeared in the water The water bubbled. On account of the virtues attributed to it, this snake's horn at once became a charm greatly desired by every hunter, and in course of time it was broken up into very minute pieces in order that its virtues might reach and benefit as many men as possible. I (i. e., the recorder of the story) have been informed by a friend who has a minute fragment of this so-called horn that, it is a little red particle which will float if placed in water. The Origin of the Natchez Indians The Natchez have a tradition that they came from the sun, that the sun is a woman who has monthly discharges, and that one of these dropped upon the earth and turned into a man. They think that when they die the sun will expire, and that it shines only for them. This origin story is identical with the origin myth of the Yuchi and it would be of very great importance if we could be certain that the Yuchi were in no way responsible for it. It is in keeping with the solar worship of both Natchez and Yuchi.