The History of Minnesota and Tales of the FrontierFlandrau, Charles E. (Charles Eugene)
History
The History of Minnesota and Tales of the Frontier
Flandrau, Charles E. (Charles Eugene)
Frontier and pioneer life -- Minnesota; Minnesota -- History
A short time after the legislature had dissolved George was standing in
a saloon on Third street, with his right arm in a sling, and a glass of
whisky in his left hand, which he was about to drink, when who should
walk in but the big sergeant. Without a word George discharged the
contents of his glass into the face of the sergeant, and prepared for
battle, crippled as he was; but the interruption of friends and the
chivalry of the sergeant prevented an encounter, and so ended the
legislative career of the gentleman from Canada. Whether it would have
terminated otherwise had we set up our coach and livery and changed our
moccasins for patent leather boots I leave to the decision of the
reader.
He went with General Sibley's command to the Missouri, where I believe
he remained.
THE VIRGIN FEAST.
In all ages, and among all people who had progressed beyond absolute
individualism and gained any kind of government or community interests,
there must have been some kind of law to settle disputes and
controversies, whether of a public or private nature, and I remember
once, in the very early days of Minnesota, of witnessing a test which
bore a close resemblance to a trial by jury, and involved an important
question of individual character which would have been classified under
our jurisprudence as an action of slander. It occurred among the Sioux
Indians, and presented many features of much interest that made an
impression on me which I have never forgotten. The whole proceeding was
absolutely natural and aboriginal in its character and conduct, and free
from the technicalities which sometimes obstruct the progress of the
administration of justice in modern times.
It is well known that the value of the testimony of a witness depends
very much upon his demeanor and manner of delivering it in court, and
that the judge usually tells the jury that they must take these matters
into consideration in giving it its true weight; but in the case I am
about to relate there was nothing but the appearance and manner of the
witnesses testifying upon which to base a judgment of their truth or
falsity, and it was this novel feature that lent additional and peculiar
interest to the controversy.
The Sioux Indians have a rude kind of jurisprudence which gets at the
truth by a sort of natural intuition, and the case I witnessed convinced
me that justice had been reached with more certainty than in nine out of
ten of our jury trials. We have all heard of trial by battle, under the
old English law, and the trial of witches by water, where, if they sank
and drowned they were innocent, and if they floated they were guilty and
were hanged. But this trial was based on public sentiment or the ability
of bystanders to detect guilt or innocence from the appearance and
conduct of the litigants during the trial, which, although a crude
method, is, in my judgment, much safer than some of those practised by
our ancestors at no very remote date.
Public-domain text, read in full here on John Shaqi.
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