The Trial of Red Jacket

Witchcraft–Case of Tom. Jemmy

In the spring of 1821, a man belonging to Red Jacket’s tribe, fell into a languishing condition, and after lingering for some time, unable to obtain relief, died. The “medicine men” were unable to divine the cause of his malady; the circumstances of his sickness and death, were thought to be very peculiar, and his friends could discover no better way of explaining the matter, than to suppose he had been bewitched.

The Indians believed in sorcery, and at different times in their history had been known to execute summary judgment, on those whom they supposed to be guilty of practicing the Satanic art. In the present instance suspicion rested on the woman, by whom he had been attended, during his sickness. In pursuance of the customs of their nation she was condemned to die. The sentence was executed by Soo-nong-gise, a chief, commonly called Tom Jemmy. It took place at their reservation near Buffalo. Coming to the knowledge of the whites in the vicinity, it excited feelings of horror, mingled with indignation. The case was taken in hand by their authorities, who without regard to Indian jurisdiction, arrested Tom-Jemmy and threw him into prison.

At his trial the plea was set up in his defense, that the Indians were a sovereign and independent nation, having their own laws, and their own mode of carrying them into execution; that the offense was within the acknowledged bounds of their own territory, that according to their laws, it was not a crime, inasmuch as the act of the prisoner was in the execution of a sentence, that had been passed upon the woman in question.

The trial was conducted with reference to this issue, and numerous witnesses were examined to substantiate the facts having a bearing on the case. Red Jacket, among others, was called upon the stand, and examined with reference to the laws, and usages of his people.

The counsel who conducted the prosecution, wishing to exclude his testimony, inquired whether he believed in the existence of a God? “More truly than one who could ask me such a question;” was his instant and indignant reply.

On cross examination the inquiry was made, as to the rank he held among his own people? “Look at the papers, which the white men keep the most carefully,” meaning the treaties ceding their lands, “and they will tell you.”

The orator’s testimony, as did also that of other witnesses, who testified in the case, went to show that this woman, according to the judgment of the Indians, was a witch. That she had been regularly tried, and condemned by their laws; and her death was in conformity with usages, that had been in existence among them, from time immemorial.

During the course of this examination, Red Jacket perceived that the belief of the Indians in witchcraft, was made a subject of ridicule among the bystanders, as well as legal gentlemen present, and he took occasion when an opportunity offered, to break forth in the following language:

“What! Do you denounce us as fools and bigots, because we still believe that which you yourselves believed two centuries ago? Your black coats thundered this doctrine from the pulpit, your judges pronounced it from the bench, and sanctioned it with the formalities of law; and you would now punish our unfortunate brother, for adhering to the faith of his fathers and of yours! Go to Salem! Look at the records of your own government, and you will find that hundreds have been executed for the very crime, which has called forth the sentence of condemnation against this woman, and drawn down upon her the arms of vengeance. What have our brothers done, more than the rulers of your own people have done? And what crime has this man committed, by executing in a summary way, the laws of his country, and the command of the Great Spirit? 1

It has been observed of Red Jacket’s appearance on this occasion: “there is not, perhaps in nature, a more expressive eye than that of Red Jacket; when fired by indignation or revenge, it is terrible; and when he chooses to display his unrivalled talent for irony, his keen sarcastic glance, is irresistible 2 .”

This trial resulted in finding the allegations in the prisoner’s plea to be true; yet the judgment being suspended, it was referred finally to the Supreme Court. A thorough examination of the laws, treaties and history relating to our correspondence with the Indian tribes, gave evidence of a sort of sovereignty among them, but as it was thought inexpedient to render a decision, that would recognize their independent jurisdiction, the prisoner was liberated, and the case dismissed.

Not far from the time we are now considering, a remarkable conversation took place between Red Jacket and a young candidate for the clerical office, who afterward became an eminent divine 3 . It serves very much to illustrate the orator’s character and views, and as we have permission, we give it entire, as follows:

“The first-opportunity I ever enjoyed of seeing that deservedly celebrated Indian chief, Red Jacket, was in the year 1821, at the residence of General Peter B. Porter, Black Rock, New York. Being on a visit to the general and his family, it seemed a peculiarly fit occasion to become acquainted with the great Seneca orator, whose tribe resided within a few miles of Black Rock. General Porter embraced in his command, the Indian warriors who fought with us on that line, during the late war, with Great Britain. From this cause; from his high character; his intimate acquaintance with the chiefs; and his known attachment to these interesting people, he had great influence over them; and his lamented lady, who it is not indelicate for me to say, was my sister, had by her kindness won the rugged hearts of all their leading men. So that their united influence, and my near relationship to them, secured to me at once access to the chiefs, and their entire confidence.

“I had not only a great desire to see Red Jacket, but also to use this important opportunity to correct some of his false impressions, in regard to Christianity, and the missionaries established in his tribe. To this end it was agreed to invite Red Jacket and the other chiefs of the Senecas, to visit Co-na-shus-ta 4 , and meet his brother at his house. The invitation was accordingly given, and very promptly and respectfully accepted.

“On the appointed day they made their appearance in due form headed by Red Jacket, to the number of perhaps eight or ten, besides himself. Red Jacket was dressed with much taste, in the Indian costume throughout. He wore a blue dress, the upper garment cut after the fashion of a hunting shirt, with blue leggings, very neat moccasins, a red jacket, and a girdle of red about his waist. I have seldom seen a more dignified or noble looking body of men than the entire group. It seems, though no such impression was designed to be made by the terms of the invitation, that some indefinite expectation had been excited in their minds, of meeting an official agent on important business. And they have been so unworthily tampered with, and so badly treated by us, as a people, and many of their most important treaties have been so much the result of private and corrupting appeals, that they very naturally look for some evil design in every approach to them, however open and simple it may be. So it was on this occasion. As soon as the ceremonies of introduction had passed, with the civilities growing out of it, the old orator seated himself in the midst of the circle of chiefs, and after a word with them, followed by a general assent, he proceeded in a very serious and commanding manner, always speaking in his own nervous tongue, through an interpreter, to address me as follows:

“‘We have had a call from our good friends,’ (pointing to the general and his lady), ‘to come down to Black Rock to meet their brother. We are glad to break bread and to drink the cup of friendship with them. They are great friends to our people, and we love them much. Co-na-shus-ta is a great man. His woman has none like her. We often come to their house. We thank them for telling us to come to-day. But as all the chiefs were asked we expected some important talk. Now, here we are: what is your business?’

“This, as may be readily supposed, was an embarrassing position to a young man just out of college. I paused. Every countenance was fixed upon me, while Red Jacket in particular seemed to search me with his arrowy eye, and to feel that the private and informal nature of the meeting, and the extreme youth of the man, were hardly in keeping with the character and number of the guests invited; and his whole manner implied, that ‘but for the sake of