Blood Law
Encyclopedia
Blood Law is the practice in traditional American Indian customary law where responsibility for seeing that homicide is punished falls on the clan of the victim. The responsibility for revenge fell to a close family member (usually the closest male relative). In contrast to the Western notion of justice, blood law was based on harmony and balance. It was believed that the soul/ghost of the victim would be forced to wander the earth, not allowed to go to the afterlife, unless harmony was restored. The death of the killer (or member of the killer's clan) restored the balance.
Since this was the widely accepted custom, blood revenge prevented feuding. The families and clans of victims and perpetrators were at peace once the balance was restored. It was not uncommon for the clan of the killer to carry out the execution. There was motivation for this - if the offending party evaded retribution, any member of the offended clan could assess the penalty against any member of the offender's clan.
The blood law worked without any government, since it was enforced by clans on a local level. Neither was there any formal trial. However, there were customary ways of getting a hearing. E.g. Cherokees had four towns of refuge, where people were not allowed to seek revenge. Also, an avenger could not touch an accused on a priest's property. The priest could arbitrate or call for a Council to examine evidence and witnesses.
The United States
discouraged the Blood Law, but generally left to the tribes the enforcement of the prohibition unless the murdered victim was non-Indian. Also, the government sometimes stepped in when blood law threatened to lead to war between two different tribes.
Currently in the United States, only state and federal governments or military courts can impose the death penalty
. Justice under Blood Law would be considered revenge killing or summary murder
, and also could be an additional aggravating circumstance requiring the death penalty for the crime.
ing, and was practiced as a part of common law
in England, Europe, and Iceland. A person could be declared an outlaw for refusing to submit to a legal system. Thereafter, such a person had no recourse to the legal system, and could legally be killed or robbed. The use of "blood law" to refer to outlawry may be considered ethnocentric.
The term has also been improperly used to refer to the a law passed by the Cherokee General Council on October 24, 1829, which specified capital punishment for selling Cherokee lands to foreign governments - in particular the United States.
Since this refers to Cherokee Government law rather than traditional clan enforced law, and does not pertain to homicide, this is not blood law as understood by historians and Cherokee tradition. In fact, Cherokee blood law had been reformed in 1808 and abolished in 1810, with the introduction of the "lighthorse" police force.
This and similar "blood laws" led to low-level civil war among several of the Five Civilized Tribes
during and following their removal to the West. The most noted were the friction between the Lower Creeks and the Upper Creeks and the killings between the John Ross
and Ridge
factions of the Cherokee
Nation; both of which lasted from the 1820s to the American Civil War
. Among those who were executed under such laws were Major Ridge
, John Ridge
, and Elias Boudinot
.
Since this was the widely accepted custom, blood revenge prevented feuding. The families and clans of victims and perpetrators were at peace once the balance was restored. It was not uncommon for the clan of the killer to carry out the execution. There was motivation for this - if the offending party evaded retribution, any member of the offended clan could assess the penalty against any member of the offender's clan.
The blood law worked without any government, since it was enforced by clans on a local level. Neither was there any formal trial. However, there were customary ways of getting a hearing. E.g. Cherokees had four towns of refuge, where people were not allowed to seek revenge. Also, an avenger could not touch an accused on a priest's property. The priest could arbitrate or call for a Council to examine evidence and witnesses.
The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
discouraged the Blood Law, but generally left to the tribes the enforcement of the prohibition unless the murdered victim was non-Indian. Also, the government sometimes stepped in when blood law threatened to lead to war between two different tribes.
Currently in the United States, only state and federal governments or military courts can impose the death penalty
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
. Justice under Blood Law would be considered revenge killing or summary murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, and also could be an additional aggravating circumstance requiring the death penalty for the crime.
Misuse of "Blood Law"
The term "blood law" is sometimes used in a looser sense, to mean any form of capital punishment, or any form of collective revenge without a formal trial. In this broader sense, blood law was common in Western societies. It was called outlawOutlaw
In historical legal systems, an outlaw is declared as outside the protection of the law. In pre-modern societies, this takes the burden of active prosecution of a criminal from the authorities. Instead, the criminal is withdrawn all legal protection, so that anyone is legally empowered to persecute...
ing, and was practiced as a part of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
in England, Europe, and Iceland. A person could be declared an outlaw for refusing to submit to a legal system. Thereafter, such a person had no recourse to the legal system, and could legally be killed or robbed. The use of "blood law" to refer to outlawry may be considered ethnocentric.
The term has also been improperly used to refer to the a law passed by the Cherokee General Council on October 24, 1829, which specified capital punishment for selling Cherokee lands to foreign governments - in particular the United States.
Since this refers to Cherokee Government law rather than traditional clan enforced law, and does not pertain to homicide, this is not blood law as understood by historians and Cherokee tradition. In fact, Cherokee blood law had been reformed in 1808 and abolished in 1810, with the introduction of the "lighthorse" police force.
This and similar "blood laws" led to low-level civil war among several of the Five Civilized Tribes
Five Civilized Tribes
The Five Civilized Tribes were the five Native American nations—the Cherokee, Chickasaw, Choctaw, Creek, and Seminole—that were considered civilized by Anglo-European settlers during the colonial and early federal period because they adopted many of the colonists' customs and had generally good...
during and following their removal to the West. The most noted were the friction between the Lower Creeks and the Upper Creeks and the killings between the John Ross
John Ross (Cherokee chief)
John Ross , also known as Guwisguwi , was Principal Chief of the Cherokee Native American Nation from 1828–1866...
and Ridge
Major Ridge
Major Ridge, The Ridge was a Cherokee Indian member of the tribal council, a lawmaker, and a leader. He was a veteran of the Chickamauga Wars, the Creek War, and the First Seminole War.Along with Charles R...
factions of the Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
Nation; both of which lasted from the 1820s to the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. Among those who were executed under such laws were Major Ridge
Major Ridge
Major Ridge, The Ridge was a Cherokee Indian member of the tribal council, a lawmaker, and a leader. He was a veteran of the Chickamauga Wars, the Creek War, and the First Seminole War.Along with Charles R...
, John Ridge
John Ridge
John Ridge, born Skah-tle-loh-skee , was from a prominent family of the Cherokee Nation, then located in present-day Georgia. He married Sarah Bird Northup, of a New England family, whom he had met while studying at the Foreign Mission School in Cornwall, Connecticut...
, and Elias Boudinot
Elias Boudinot (Cherokee)
Elias Boudinot , was a member of an important Cherokee family in present-day Georgia. They believed that rapid acculturation was critical to Cherokee survival. In 1828 Boudinot became the editor of the Cherokee Phoenix, which was published in Cherokee and English...
.
See also
- VendettaFeudA feud , referred to in more extreme cases as a blood feud, vendetta, faida, or private war, is a long-running argument or fight between parties—often groups of people, especially families or clans. Feuds begin because one party perceives itself to have been attacked, insulted or wronged by another...
- Honour killing
- Blood moneyBlood money (term)Blood money is money or some sort of compensation paid by an offender or his family group to the family or kin group of the victim.-Particular examples and uses:...
- Kanun