THE OMNIVOROUS READER
Balancing the Scales
Justice among disparate peoples in Colonial America
By Stephen E. Smith
Humorist Edgar Wilson “Bill” Nye is
credited with saying: “Wagner’s music is better than it sounds.” Readers of popular history who tough their way through 464 pages of Nicole Eustace’s Covered with Night: A Story of Murder and Indigenous Justice in Early America will likely be left with the notion that what they’ve read is more profound than entertaining.
“Covered with Night” is an Iroquois expression describing the state of grief or mourning inspired, in this instance, by the 1722 murder of a Native American man who lived near Conestoga, Pennsylvania, a small community north of the MarylandPennsylvania border. Details of the fatal encounter are straightforward and commonplace: English merchants John and Edmund Cartlidge were bargaining with Sawantaeny, a Seneca hunter and fur trader, when an overindulgence in alcohol, probably by all parties concerned, led to a disagreement. Sawantaeny went for his rifle, but John Cartlidge disarmed him and bashed in the Seneca’s skull. “My friends have killed me,” were Sawantaeny’s last words. Such incidents, terrible though they may be, are not an uncommon aspect of human interaction, but in the early 1700s, a period in America’s past that is strangely deficient from the history we’ve been taught (we learn about the Lost Colony, Jamestown, Plymouth and mysteriously we jump to the Boston Harbor Tea Party), such a death had far-reaching ramifications for the Native American and Colonial communities. Covered with Night explores the causes and consequences of the Cartlidges’ ill-advised assault on Sawantaeny, while illuminating the fundamental flaws in the relationships that existed The Art & Soul of the Sandhills
between the Native American and Colonial cultures. Eustace’s complex treatise was made possible by the meticulously documented speeches of a Native man called “Captain Civility,” who reacted to the death of Sawantaeny by attempting to strengthen the tenuous bonds that existed between the competing cultures, and Eustace was able to draw on earlier studies by 20th century ethnographers and on postmodern analyses on social and criminal justice. If all of this sounds complicated, it is. Investigations of Sawantaeny’s murder by Native American leaders and Colonial officials initiated a debate about the very nature of justice and its cultural context. Colonial authorities were fearful that the murder might bring on a full-scale war, endangering the white population and disrupting trade. The crisis was serious enough that news of it reached the British Board of Trade in England, resulting in a region-wide treaty conference that produced an obscure document signed at Albany in 1722 between members of the Five Nations of the Haudenosaunee and representatives from the colonies of New York, Pennsylvania, and Virginia. It remains the oldest recognized treaty in the history of the United States. Much more than a simple diplomatic instrument, the treaty records a foundational American debate over the nature of justice. Avoiding conflict with their Indigenous neighbors was the foremost concern of the Colonial authorities, and they held the Cartlidge brothers in irons pending their execution — which is exactly what the Native Americans hoped to avoid. Pennsylvania Gov. William Keith was dismayed to learn that sending the Cartlidges to the gallows was counter to the Native American notion of justice. Native diplomats PineStraw
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