THESE were all the methods of procuring food, with which the Indians were acquainted. They afforded them but a scanty and precarious support. When the game was plenty, and the hunter successful, they had an abundance of food. When the season of the year was unfavourable, and their success but small, they were reduced to scarcity and want. Their sufferings this way, were sometimes extrémely severe. And there was no year, in which they were not subject to these extremes, of great plenty, and severe famine.

THE appetite of the Indian conformed to this state of things. In the seasons of plenty, the savage indulged himself to great excess: In the time of famine, the Indian bore his hunger with astonishing patience, and firmness. So accus tomed was he to this irregular method of living, that excess and famine were equally familiar to him; and his constitution and health remained firm and vigorous, under the extremes of both.

FROM this situation and employment of the Indian, all the regulations, customs, advantages, and disadvantages of the savage state, were derived.

SOCIETY. When any considerable number of the human race subsist near each other, they will always combine in some form of society. Mutual wants, dangers, dependencies, interests, and benefits, operating with the appetite man has for society, will not fail to produce this effect. The situation and employment of the Indians, determined what the nature and extent of this society must be, among them. The chief source of subsistence among them, was

hunting. On this account, a large territory became necessary for the support of a small number of people. Like the game on which they subsist, they must be dispersed over a large tract of country, or they cannot procure food. In this stage of society, the extent of it is derived from its situation. Its territory must be large, the number of people will be small, and all hostile tribes must be kept at such a distance, as not to encroach upon the territory or the game. This was the state, in which the savages were found. Divided into a number of tribes, small in the number of people, large in the extent of territory, and generally unfriendly and hostile to each other.

NATURE OF THEIR CIVIL GOVERNMENT. From this state of society, arose a species and form of government peculiar to the Indians. The design and object of government among the savages, was not the property, security, or conduct of the individual; but the property and safety of the tribe. The idea of property is suggested by nature; and was clear, distinct, and just, in the mind of the rudest Indian. The fish in the river, and the game in the forest, were not the product of his care or labour; and he had no idea that they belonged to him, more than to any other individual. But when they were acquired by his personal exertion, no other savage doubted but that they were become his particular and exclusive property. The river, or the forest, from which they were taken, were not personal but public property: they belonged to the tribe. No individual claimed a right to them, in preference to, or VOL. I. W

exclusive of others. These were the property of the tribe, belonging equally to all, and to which all had a right to repair in quest of subsistence, and hadan equal and common privilege. When the Indian builded his house, or plamed his corn, no one had a right to molest him; the house and the corn became his. When he relinquished his possession, any other of the . tribe had a right to take possession, and pursue the same employment that he had done. The fruits of their own labour and industry, was always the property of the individual: The river, the forest, the hunting ground, the land or the territory, was the property of the tribe. The former was of so simple a nature, so well understood, and so universally agreed to, that few controversies could ever arise about it; common custom and consent was sufficient to adjust and regulate every thing of this nature. The latter contained all the property, the means of subsistence, and that on which the whole tribe depended for their existence. This was the great object and aim of their government; to protect and defend that, on which the whole tribe subsisted. In such a state of society, the injuries that would be done to individuals would not be many in their number, or often of such a kind, as to endanger the existence or sovereignty of the tribe. The right of redressing them, was therefore left in private hands. This has always been the case, in the infancy of society and government. If injuries were done, if blood was shed, it belonged to the friends and family of the injured person to seek redress. If the chiefs interposed, it was only by way of

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counsel and advice. The friends of the injur ed person might accept of their advice, or of the reparation offered by the aggressor, or they might reject it: If it was accepted, all was settled in a quiet and friendly manner: If rejected, nothing remained but to pursue the aggressor with a revenge and rage, that aimed at nothing less than destruction and death,

THE form and manner of the Indian government, was the most simple that can be contrived, or imagined. There was no king, nobility, lords, or house of representatives, among them. The whole tribe assembled together in their public councils. Destitute of writings, records, and history, to preserve the memory of their public transactions; their most aged men became the depositories, of what had been gathered from experience, observation, and a knowledge of their former transactions. It is by them that the debates and consultations are chiefly carried

on.

Their councils are slow, solemn, and deliberate. Every circumstance that they can foresee, is taken into consideration. The probable advantages and disadvantages of every measure, are examined and weighed. All the prospects of success and disappointment, are revolved in their debates; and nothing is omitted, which occurs to their views or expectations. The whole business is a scene of consultation, and advice. And the advice has no other force or authority, than what is derived from its supposed wisdom, fitness, and propriety.

THE strength and power of the government, is placed wholly in the public sentiment. The chief has no authority to enforce his counsels,

He is fed and

or compel to his measures. clothed like the rest of the tribe. His house and furniture are the same as those of others. There is no appearance, or mark of distinction: No ceremony, or form of induction into office : No ensigns or tokens of superiority, or power. In every external circumstance, the chiefs are upon a level with the rest of the tribe: And that only which gives weight and authority to their advice, is the public opinion of their su perior wisdom and experience. Their laws stand on the same foundation. There was no written law, record, or rule of conduct. No public precedent, established courts, forms or modes of proceeding. The causes and occasions of contention were so few, that they did not much affect the tribe. And when the chiefs interposed in the concerns of individuals, it was not to compel, but only to counsel and advise them. The public opinion pointed out what was right, fit, and proper to be esteemed laws and rules of conduct. These rules or laws derived from nature, were seldom wrong, obscure, or inconsistent; but generally plain, clear, and useful. Their penalties and punishments were derived from the same source. Loss of character, and reputation, disgrace, exclusion from the tribe, and death, were the punishments to which offenders were exposed, according to the nature und aggravation of their crimes. punishments were not described, and assigned to a particular crime by a written law; but they rested upon the public opinion of the tribe, and derived great force and power from it. from it. An offender who had been greatly and deeply guilty,

These