The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1849-02-02
The Alabama Justice.


"When the Creek Indians inhabited AL.
ALBANIA, there were several magistrates appoint
ed who had extensive jurisdiction. Their pow
Ter and the extent Of territory over which il
spread, made these magistrates in power, equal
to a territorial governor. One Of these magis-
trates wasa well known 'character," who re-
sided in "Turkey Town. an Indian village on
the Coosa river, lie had a "marshal' who was
known in his tribe as "Moneycries." This
magistrate was remarkable for his contempt of
legal opinions and judicial forms. "E-quity,"
was his hobby, and when his notions came in
contact with 'law,' the latter was forced to
give way. He thought he custom of the In
dams more Equitable in many cases than
the law of Congress, and he never failed in
such cases to set aside the latter. money
cries. co-operated heartily with "the court''-
aud by their combined efforts they managed to
deal out justice with certainty, but sometimes
with real Indian Sc verify.
The following scene once occurred Gin
%court!'
Magistrate.--This court is held to try'a case
in which "Little Chubby, !" is defendant, and
Tom Dale, a grocery keeper, is plaintiff. Dale
claims 500 from "Little Clubby,"-and 'Chub-
by says he paid it sin beaver skins" "Gen-
tlemen,' confined the magistrate, addressing
the bystanders, "Ingins amt likely to lie when
they owe white men. But white men will lie
when they trade with the Ingins. This is the
experience of my court. Proceed, gentlemen,
with this case"
0 The Attorney for Tom Dale proceeded to
G make out his case. Dale swore that his debt
: was "just, true and unpaid" He then intro
O duced a witness to prove that "Little Chubby
y had only caught ten beavers in the last month,
: and that he had sold them to the deponent.
: The Indian had no witness, and the case was
fully made out.
The attorney remarked, addressing "thc
e %court;'' "May it please your honor, ! claim a
d judgment TOR my client. There is no defence
except the averment of ''Chubby,' and this the
court can't regard"
"Gentlemen," said our magistrate, 81 amt
h satisfied and | amt going to allow the Ingin
to be swinGled 81 said he, addressing Money
J. cries. "Mr. Marshal, hand me that book III
take a swar in the case myself,'' and suiting
d the action TO the word, he kissed tho hook, adj
dressing Moneycries, remarked, "Mr. Marshal,
l. | constitute you this court, and will take
N swar in this ase'-s.May it please the court,
said he, there's cheatin around this board, end
e, | intend to expose it to this court. I'D rather
e. take an Ingin's word than a whiskey sellers
f. oath any time. But this court can't decide in
b. favor Of he Ingin, without swar in his be-
I'd half-and that swur (kissing the book) | am
now, Mr.. Marshal, going to take"
as He then proceeded to state that Little Club
by" had come to his house and he had offered
in to buy from him ten beaver skins. Chubby
a. declined selling them, as he had promised then
ut to Mr.. Dale to pay debt of $40 due him. H,
lis saw Chubby go into Mr.. Dale's, and leave Thu
ed skins, and when he came out Chubby told hin
r. he had paidhis debt. When he had concluded
n he resumed his seat.
Dale's attorney protested against this "takint
on a swar in the CASE" but he was interrupted b!
of the magistrate, who informed him tina; thi
lis was his mode of dispensing equity,
At. A~ttorney-"May it please the court, will
M take an appeal in this case"
in Nagistrate-aThe conrt is satisfied that tn
H. evidence is in. favor Of Little Chubby,and no p
he peal will be allowed"
n Attorney-"May it piedso the court, icon
til slider the proceedings a id farce"
Magistrate-"The ourtconsidersthis a cas-,
re Of contempt, and will fine M. $40 for swarinl
&C. in court"
Of Auorney-"Your court may 60 to the dew
y, If your honor please"
ire Mapistrate--"My marshall will take Mn in
Of to custody till he pays $40; and unlessho pay
ID it, the marshall will ummon a posse Of lngln
)e- and tie him up, and thereuPon infict on hin
d twenty stripes according to lngin custom, anC
de Than inform him that il will improve his healt
ng to get out Of the reach Of my court in twenty
four hours"
lii Attorney-May it please the court, vii
De- give my note for the fne--if the court will a
gree to it,"
by Mapistrate-"The court won't be hard pre-
,ry yided the character of this court is hereaite
did respected"
Use This, Mr.. Editor, is a slightly colored Sketc
M of the early history of the administration
ar Justice in the Creek country in Alabama
inn SATcHELL.
rat
W. DIVIDING THE sRo LIS. The four electors
he Wisconsin decided which one of them shoul
he carry the ELECTORAL vote to Washington b