A misfortune occurred near the river which deprived us of one of our best young men. There was no other man, except my own uncle, for whom I had at that time so great an admiration. Very strangely, as it appeared to me, he bore a Christian name. He was commonly called Jacob. I did not discover how he came by such a curious and apparently meaningless name until after I had returned to the United States. His father had been converted by one of the early missionaries, before the Minnesota massacre in 1862, and the boy had been baptized Jacob. He was an ideal woodsman and hunter and really a hero in my eyes. He was one of the party of seven who had attacked and put to rout the white soldiers.
The trouble arose thus. Jacob had taken from the soldiers two good mules, and soon afterward we fell in with some Canadian half-breeds who were desirous of trading for them. However, the young man would not trade; he was not at all disposed to part with his fine mules. A certain one of the mixed-bloods was intent upon getting possession of these animals by fair or unfair means. He invited Jacob to dinner, and treated him to whiskey; but the Indian youth declined the liquor. The half-breed pretended to take this refusal to drink as an insult. He seized his gun and shot his guest dead.
In a few minutes the scene was one of almost unprecedented excitement. Every adult Indian, female as well as male, was bent upon invading the camp of the bois brules, to destroy the murderer. The confusion was made yet more intolerable by the wailing of the women and the singing of death-songs.
Our number was now ten to one of the halfbreeds. Within the circle formed by their carts they prepared for a desperate resistance. The hills about their little encampment were covered with warriors, ready to pounce upon them at the signal of their chief.
The older men, however, were discussing in council what should be demanded of the halfbreeds. It was determined that the murderer must be given up to us, to be punished according to the laws of the plains. If, however, they should refuse to give him up, the mode of attack decided upon was to build a fire around the offenders and thus stampede their horses, or at the least divide their attention. Meanwhile, the braves were to make a sudden onset.
Just then a piece of white, newly-tanned deerskin was hoisted up in the center of the bois brule encampment. It was a flag of truce. One of their number approached the council lodge, unarmed and making the sign for a peaceful communication. He was admitted to the council, which was still in session, and offered to give up the murderer. It was also proposed, as an alternative, that he be compelled to give everything he had to the parents of the murdered man.
The parents were allowed no voice whatever in the discussion which followed, for they were regarded as incompetent judges, under the circumstances. It was finally decreed by the council that the man’s life should be spared, but that he must be exposed to the indignity of a public whipping, and resign all his earthly possessions to the parents of his victim. This sentence was carried into effect.
In our nomadic life there were a few unwritten laws by which our people were governed. There was a council, a police force, and an executive officer, who was not always the chief, but a member of the tribe appointed to this position for a given number of days. There were also the wise old men who were constantly in attendance at the council lodge, and acted as judges in the rare event of the commission of a crime.
This simple government of ours was supported by the issue of little sticks about five inches long. There were a hundred or so of these, and they were distributed every few days by the police or soldiers, who kept account of them. Whoever received one of these sticks must return it within five or ten days, with a load of provisions. If one was held beyond the stipulated time the police would call the delinquent warrior to account. In case he did not respond, they could come and destroy his tent or take away his weapons. When all the sticks had been returned, they were reissued to other men; and so the council lodge was supported.
It was the custom that no man who had not distinguished himself upon the war-path could destroy the home of another. This was a necessary qualification for the office of an Indian policeman. These policemen must also oversee the hunt, lest some individuals should be well provided with food while others were in want. No man might hunt independently. The game must be carefully watched by the game scouts, and the discovery of a herd reported at once to the council, after which the time and manner of the hunt were publicly announced.