HIS MEETINGS OF COUNCIL.

The Indian Council has a province more important than that which our

Municipal Councils exercise. Its decisions as to disputes growing out

of real estate transactions, unless clearly wrong, have in them the

force of law.

The ordinary Council is a somewhat informal gathering as regards a

presiding officer or officers, and, also, in respect of that essential

feature of a quorum, for which similar bodies among ourselves hold out

so exactingly. The Chiefs of the tribes, who, alone, are privileged to

participate in discussions, can scarcely be looked upon in the light of

presidents of the meeting; nor can there be discovered in the privileges

or duties of any one of them the functions of a presiding officer.

The Chiefs of the Mohawks and Senecas, who sit on the left of the house,

initiate discussion on all questions. The debating is then transferred

to the opposite side of the house, where are seated the Chiefs of the

Tuscaroras, Oneidas, and Cayugas, and is carried on by these Chiefs. The

Chiefs of the Onondagas, who are called "Fire-Keepers" (of the origin

of the name "Fire-Keeper," I will treat further, anon) then speak

to the motion, or upon the measure, and, finally, decide everything;

and they are, in view of this power of finality of decision with all

questions, regarded as the most important Chiefs among the confederated

tribes. The decision of the "Fire-Keepers" does not, by any means,

always show concurrence in what may have been the _consensus_

of opinion expressed by previous speakers, very frequently, indeed,

embodying sentiments directly opposite to the weight of the judgment

with those speakers. As illustrating, more pointedly, the arbitrary

powers committed to these Chiefs, they may import into the debate a

fresh and hitherto unbroached line of discussion, and, following it,

may argue from a quite novel standpoint, and formulate a decision based

upon some utterly capricious leaning of their own. I have not been able

to learn whether the decision of these Chiefs, to be valid, requires to be

established by their unanimous voice, or simply by a majority of the body.

The reason or cogency of the system of debate followed in the Indian

Council has not seemed to me clearly demonstrable; nor is the cause for

the honour attaching to the Chiefs of the Mohawks and Senecas, and of

the Onondagas, respectively, of commencing and closing discussion, very

explicable. I believe, however, that the principle of kinship subsisting

between the tribes, the Chiefs of which are thus singled out for these

duties, governs, in some way, the practice adopted; and am led, also,

to imagine that exceptional functions, in other matters as well, vest

in these Chiefs; and that they enjoy, in general, precedence over the

Chiefs of the other tribes.

The Chiefs in Council take cognizance of the internal concerns,

and control and administer, generally, the internal affairs, of the

community. There are often special and extraordinary deliberations of the

body, which involve discussion upon points that transcend the operation

of the Indian Acts, and require the Government to be represented; and,

in these cases, the Indian Superintendent, whose presence is necessary

to confer validity on any measure passed, is the presiding officer.

As mention is made here of the Superintendent, or, as his title runs in

full, the Visiting Superintendent and Commissioner, it will be opportune

now to define his powers, so far as I understand them.

It may be said, in general, that he exercises supervisory power over

everything that concerns the well-being and interests of the Indian. By

the representations made by him to the Government in his reports (and by

those, of course, who hold the like office in other Indian districts)

has been initiated nearly every law, or amendment to a law, which the

pages of the Indian Acts disclose.

He will often watch (though in his commission no obligation, I believe,

rests upon him to do this) the trial of an Indian, where some one of the

graver crimes is involved, that he may, perchance, arrive at the impelling

cause for its perpetration. This may have had its origin, perhaps, in

the criminal's having over-indulged in drink, or in his having resigned

himself to some immoral bent; or it may have been connected, generally,

with some deluging of the community with immorality. If, haply, the

origin of the crime be traced, the Superintendent embodies in his report

a reccommendation looking to a change in the law, which shall tend to

suppress and control the evil. If there be indication that a particular

order of crime prevails, or that, unhappily, some new departure in its

melancholy category is being practised, it will, again, be his place to

represent the situation to the Government, to the end that a healthier

state of things may be brought about. He is authorized, in certain cases,

to make advances on an individual Indian's account, and, also, on the

general account, where some emergency affecting the entire tribe arises,

such as a failure of the crops, confronting the Indian with the serious,

and, but for this Governmental provision, insuperable, difficulty of

finding the outlay for seeding for the next season's operations.

It is customary for the Superintendent to attend important examinations

of the Indian schools, that he may have light upon the pupils' progress,

and may report accordingly.

Where an occurrence of unusual moment in the history of any of the

Churches takes place; the projecting, perhaps, of some fresh spiritual

campaign amongst the Indians; or one, marking some specially auspicious

event, he will often lend his presence, with the view to enlightenment

as to the spiritual state of his charges.

I have already said, that through the agency of the Superintendent, the

Indian receives his interest-money, and it may, perhaps, be interesting to

detail the manner in which this is usually drawn. The tribes are told off

for this purpose, and, I believe, certain other purposes, into a number

of bands; and a given day is set (or, perhaps, three or four days are

assigned) whereon the members of a particular band shall be privileged

to draw. If the drawing of the money be not marked by that expedition

which the plan is designed to secure, but rather suggests that there

are a number of stragglers yet to come forward to exercise their right,

the turn of another band comes, and so on, the straggling ones of each

band being treated with last.

It is usual for the head of each family to draw for himself and his

domestic circle.

The present incumbent of the Superintendent's office is a gentleman of

fine parts, and one who has striven, during a term of nearly twenty years,

with tact and ability, to conserve the interests of the Indian. Speaking

of tact, the Indian character exacts a large display of it from one whose

relation to him is such as that which the Superintendent occupies, his

overseer and, to a large extent, his mentor. There have been outcries

against his course in some matters, though these have been indulged in

only a small section; but the Indian chafes under direction, and is,

for the most part, a chronic grumbler; and his discontent frequently

finds expression in delegations to the Government, which, though they

_may_ be planned with the view of ventilating some grievance, are

more generally conceived of by him in the light of happy expedients

for giving play to his oratory, or for setting about to establish

his pretensions to eminence in that regard, in a somewhat exacting

quarter; or, mayhap, for conveying to the powers that be, by palpable

demonstration, the fact of his continued existence, and more, of his

continued _dissatisfied_ existence.

But to return to the Council. Where complaint of irregular dealing is

preferred by either party to a transfer or sale of real estate, it comes

within the scope of the Chief's powers to decree an equitable basis upon

which such transfer or sale shall henceforward be viewed, and carried

out. The jurisdiction of the Chiefs also ranges over such matters as

the considering of applications from members of the various tribes for

licensing the sale to whites of timber, stone, or other valuable deposit,

with which the property of such applicants may be enriched; and they

likewise treat with applications for relief from members of the tribes,

whom physical incapacity debars from earning living, or who have been

reduced to an abject state of poverty and indigence; and have authority

to supplement the interest-annuities of such, should they see fit,

with suitable amounts.

The silent adjudging of a question is something abhorrent to the genius

of the Indian, and is in reality unknown. Dishonouring thus the custom,

he can grandly repudiate the contemptuous epithet of "voting machine;"

so unsparingly directed against, and pitilessly fastening upon, certain

ignoble legislators among ourselves. The manner of proceeding that

obtained with the Ojibways was somewhat different from the practice I have

detailed, and I allude to it now, because the tribe of the Delawares,

who are now treated as an off-shoot of the Oneidas, and are merged with

their kin in the Six Nations, belonged originally to the Ojibways. With

them the decision was come to according to the opinions expressed by the

majority of the speakers--a plan resolving itself into the system of a

show of hands (or a show of _tongues_, which shall it be?) it having

been customary for all who proposed to pass upon a measure to speak as

well. The issue upheld by the greater number of hands shown, naturally,

as with us, succeeded. Where a measure, in the progress of discussion,

proved unpopular, it was dropped, an arrangment which should convey a

wise hint to certain bodies I wot of.

It will be readily gathered from what has been said, that the method of

voting, in order to establish what is the judgment of the greater number,

does not prevail with the Indian Councils.

A Treatise on the Six-Nation Indians · 第 6 / 26 题