The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1849-01-24
AN ALABAMA JUSTICE.

oil Inc Eaud(ua Hidi StCuiilcIS'
AN ALABAMA JUSTICE.
The :ivwing story is told by corresPon'
den, of the New York Spirit OF the l''''eS' J"
the last number of that journal
When the Creek Indians inhabited Ala.' were
there several magistrates appointed ~h" "a'
extensive jurisdiction. Their power ana Int
extent of territory over which it spread, made
these magistrates, in power, equal 10 terrific
rial governor. One Of these magistrates was
IA well known "characlcr," who resided III
"rurky Town." au Indian village on the Coosa
river. He had "marshaIl," who was known
in his tribe as "Money.cres." This mas's.
lrate was remarkable for his contempt OF legal
opinions and judicial forms. Equity was
his hobby aud when his notions OF rISht ana
Justice came in contact with 'aw, the la''er
was forced TO give way. lie thought the GUS
toms of The Indians more "E quitabie IN many
cases than the law OF Congress, and he never
failed in such cases to set aside the :aller.
"Moneycries" CO operated heartily win "'he
cuurl"-and by their combined efforts lhey
managed to deal out justice with certainly
but sometimes with real Indian severity
The following scene occurred sin court.
Magistrate-rhis court is held TO case IN
which Little Chubby" Creek Indian, is
defendant. and Tom Dale, a grocery keeper, is
TfS: Eh3SSF and nPs SHs go 4s from little
beaver skins Gentlemen" continued the
magistrate, addressing the bys'anders, "lnSns
ain't likely to lie when they owe white men.
But white men will lie, when they lIade with
i,
court.'' Proceed, gentlemen, with this case.
The attorney for Tom Dale proceeded to
make out his case. Dale swore that his debt
was .jlsl, true, and unpaid" He then intro.
duccd witness to prove that "Liltle Chubby
had only caught ten beavers in the last month,
and that he had sold them 10 the deponon'.
The Indian had no witnesses, ana the case was
fully made out.
The attorney remeFkcd, addressing the
| court :"
"May it please your honor, | claim J'Idg'
| ment for my client. There is no defence
except the avermcnt Of Chubby and this the
court can't regard.
"Genle. men," said cur magistrate, I'll amt
satisfied; and amt going 10 allow the lnSn
to be swndcd, said he addressing M"nrycrles.
Mr. Marshall hand me that book; III lake
swar in the case mcself," and suitng the acllon
to the word, he kissed the hook, and addressing
None ycries, remarked: MIR. Marshal, con.
sri,ute you this court, and will take swar in
this case" May it please tho court there's
| chca,in around this board, and | intend To
rxvose it to this court. Id rather take an
Inpin's word, than a whiskey sellers oath, any
Time. But this court can't decide in favor of
the Ingin, without Il swar in his brhnil-and
that swar (kissng the book) am now Mr..
Marshall, going to take"
He then proceeded to state that Little
Chubby" had come to his house and ne ottere
10 buy from him ten beaver skins. Chubby
declined selling them as he had promised them
to Mr.. Dale TO pay Il debt of twenty dollars que
him. He saw Chubby 20 into DaIc,s ana
leave the skins, and when he came onl Chubby
told him he had paid his debt. When he had
concluded he resumed his seat.
Dale's attorney protested against this taking
60, s,yar in The case" but he was interrupted
bv the magistrate. who informed him that this
was his mode of dispensing equity. -,
Attorney May it please the court, will
take an appeal in this case.
Maris,ra,e--" The court is satisfied that the
evidence is in favor Of Little Chubby and no
appeal will be allowed"
Auorney-"May il please the court, con-
slider this proceeding ID farce"
Mapistrate-"'rhe court considers this
case Of contempt, and will find Nh twenty
dollars for swarring in court"
Auorncy-"Your court may 60 to the ID
if your honor please"
Magistra,e--"My marshal will take MIR
Mn into custody till he pays $40; an'
unless he pays it, the marshal will summon
posse of Insins, and tye him up, and there
} npon inflict on him twenty stripes according tt
} Ingn custom, and then inform him that It VII
improve his health to get out of the reach
; my court in twenty four hours"
"Attorney-May it please the court, VIII
: rive my note for the fne---t the court vii
agree to it,"
"Alagistrate-'rhe court won't be hard pro
vided the character OF this court is hereaile
respected"
] This, Mr.. Editor, is slightly colored sketc
I of the early history OF the administration
$ Justice in The Creek country in Alabama
, SATCHELL.