TRIBAL PROGRAM NEWS
Dispute Resolution of our Ancestors
The CTSI Tribal Court Rules and
Procedures establish the Siletz
Community Court. One purpose of this
court is to resolve disputes more
traditionally. This article presents some
written accounts of dispute resolution
in the history of the different tribes
making up the Siletz confederation.
The first account is about Takelma
people, the second relates to the Tututni,
and the third is a report about a tribunal,
or early version of Tribal Court,
established among the tribes at the
Siletz Agency. This article includes
these accounts verbatim as they were
printed in their original sources.
Thank you to Robert Kentta,
cultural resources director, for
his research and for loaning
these documents!
Siletz Tribal
Court and
Code
Development
Takelma Texts
by Edward Sapir
3. How a Feud Was Settled.
3. How A Feud Was Settled.
(How) one acts as a go-between. (Let us suppose) people who are related to
each other by their children’s marriage slay one another, on either side they call
for each other’s bones, dead men’s bones they call for. Dentalia, those used to be
termed dead men’s bones. So then they make speeches to one another, and one is
made a go-between, so that he may go between (both parties). “Give me blood
money, since you have slain me!’’ people said to each other. Now he (whose
kinsman) has been slain, that one makes use of the go-between. “Give me of that
kind, give me one hundred,’’ says the slayer of the person is told. But he does not
wish it. “I will not give you anything, I shall even kill some more of yours,’’ says
the slayer of the person. Then the go-between returns across, then recounts what
he has been told. ‘“I’ll give you no blood-money!’ he says to you,’’ says he. Then
the go-between (adds), ‘“Not in that fashion!’ no matter how often I told him.’’
“Do not tell me that, since you have slain mine just for nothing, though I did
nothing to you. For just no reason have you slain one of mine, though yonder my
girl is dwelling,” (thus) people spoke to one another in times long past. Then he
returns across. “‘Just you give me blood-money!’ he says to you. ‘Too far will it
go! People will yet be slain,’ says I,” says the go-between. Then, recounting what
he has been entrusted to say, the go-between tells him thus, “Now these whose
(kinsman) has been slain, their heart has become sick.” That did people of long
ago say to one another when they killed each other. So then once more the go-
between turns across. On this side he whose (kinsman) has been slain cries. “Keep
on going across! Many things he must give me,” says he whose (kinsman) has
been slain. So he returns across. “‘Just you give me something!’ he says to you,”
says the go-between. “Give him something!” says the go-between, to the slayer of
the person he says it. “Perhaps too far it goes. Yet shall people be slain; they will
get even with you. Many people will be killed, so for that reason give him
something!” says the go-between.
Then “Yes” he says. “I’ll give him something. It is well,” says the slayer of
the person. “You shall not get even with me, I’ll give you something. Friends to
each other we are,” says the slayer of the person. “Some little thing do you also
give me in return!” Now the go-between returns again; now he whoops, his heart
has become glad. Now it is known that it is intended to give him something.
Many are the people. Now he whoops. ‘“I give you blood-money,’ he says to you.
‘Do you too give me a little bit,’ he says to you.” Then he relates to them what he
has heard. A certain one answers him, “Just that he says.” Then they give each
other blood-money. Now on either side they proceed to each other and give each
other (presents). The slayer of the person gives most of all, to him, in his turn, is
given just a little bit. Thus in time long past, indeed, people (acted) when they
slew one another. And also the women on both sides give each other many things.
And the go-between also is given something, dentalia are given to him. On this
side he whose (kinsman) has been slain, that one does so, that one gives him
dentalia. The slayer of the person does not give him anything.
Xaawit'. Yap!a t!omóxafn k!ouxámxa yowóudaf ha'Eya yók!wat'gwan yilim, xilam
yóuk!aa yilim. Tcíólx ga xilam yóuk!aa nagánhan. Gasí£ gane tc!ibínxaEn, gasf
xa“wisa“ k!em?n, gas f xaawit'. “ibiT ü'si t!ümuxdaf,” nagásafn yap!á. Aga
t!omománmaE ga xaawisaa kíeméi. “Ganaf Eü'si, t!eimí£s £ü'ci,” nagan yap.’a
doumá£s. Gasi£ ani£ gelgulük'. “Wede k'ai úsbiga£, honó£ dóumxbin yáa,” nagá,£
yap!a doumáEs. Gane xaawisaa hanyewéIE, gane gwenhegwéhók'w. “'A'nie ibíT
ugusbi£n/ nagasbi,” naga,£. Gane xaawisaa, “'Wede ganát',’ Ts is i£ nagá£n.”
“Wede ga n?xdam tíümuxda' haxounhi, áni£ gwi£ na£nagásbinda£. Ganga tíümuxdam
yaxa, wa-iwi't'ék' ge ci£ulit'a£,” nagása£n yap!a hop!é'En. Gane hányewe,£. “'Ganga
ibilE ü'si,’ nagasbi. ‘Gi'£wa k!i‘gá£t‘, honó£ yap!a doumaná£,’ nagait'e*,” nagá,£
xaawisaa. Gane gwenhegwéhak'wnana£ gana£néx malak‘ xaawisaa, “Gane aga
dumhak‘wdan guxwf xilam laale'.” Ga nagása£n yap!a hop!é'£n t!omóxandae. Gas i£
gane honó£ hanyewé,£ xaawisaa. Emé£dat‘ dumhók‘w t‘agá,e. “Ganga hanyéu! k‘aiwi£
ugu 'si,” nagá,£ dumhók‘w. Gas i£ hányewe,£. “‘Ganga k‘áiwi£ ü 's i,’ nagasbi,” nagá,£
xaawisaa. “K‘áiwif ók‘i,” nagá,£ xaawisaa, yap!a doumá£s naga. “Yewe déhi kHyfk*.
Honó£ yap!a doumanace, ged? ye£gwásbina£. Yap!a gwala do“maná£, gasT ga£al
k‘aiwi£ ók‘i,” nagá,£ xaawisaa.
Gane “Há-u” nagái£. “K‘áiwis iE ogoyfn. Duwu'£k‘,” nagá,£ yap!a doumá£s. “Wéde
gede ye£gwásdam, k‘áiwi£ ogúsbifn. K!úuyabadam efbik‘,” nagá,E yap!a doumáEs.
“K‘á-iwiE ha'p‘di' másie honoE ü'si.” Mi1 honóE yewé,E xaawisaa; mi1 senésant‘,
guxwf du laale'’. Yok!oyán mi1 k‘áiwiEók‘igulugwán. Gwala yap!á. Mi1 senésant‘.
‘“ibiT ogoyíE,’ nagásbi; ‘masíE t!ocou ha'p‘di’ Eü 's i,’ nagásbi.” Mi' gwenhegwéhók‘w.
Mi EsgaE dak‘dahalk‘wa, “Gáhic nagáiE.” Gane ibi T ogús aEn. Gane há^ya wát‘gwan
giníEk‘, gane ogúsa'n Yap!a doumáEs daagwála oyón, a'k‘s iE t!osóu ha'p‘di'hi ogoyín.
GanaEnéx hop!é'fná yap!a t!omdxandaE, k‘aiEla'p‘as iE honoE k‘ái gwala ogúsaEn
ha'£yá. XauwisaasíE honoE k‘ai ogoyín, te!úlx ogoyín; adat‘ dumhók‘wdaaga xebéEn,
ga tc!olx ogoik‘wa. Yap!a doumáEs ánif k‘ai ogoik‘wa.
(See Dispute on page 10)
June 2001
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Siletz News
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