A Treatise on the Six-Nation Indians Part 1

A Treatise on the Six-Nation Indians.

by James Bovell Mackenzie.

PREFACE.

The little production presented in these pages was designed for, and has been used as, a lecture; and I have wished to preserve, without emendation, the form and character of the lecture, as it was delivered.

J. B. M.

A TREATISE ON THE SIX NATION INDIANS

INTRODUCTORY

As knowledge of the traditions, manners, and national traits of the Indians, composing, originally, the six distinct and independent tribes of the Mohawks, Tuscaroras, Onondagas, Senecas, Oneidas, and Cayugas; tribes now merged in, and known as, the Six Nations, possibly, does not extend beyond the immediate district in which they have effected a lodgment, I have laid upon myself the task of tracing their history from the date of their settlement in the County of Brant, entering, at the same time, upon such accessory treatment as would seem to be naturally suggested or embraced by the plan I have set before me. As the essay, therefore, proposes to deal, mainly, with the contemporary history of the Indian, little will be said of his accepted beliefs, at an earlier epoch, or of the then current practices built upon, and enjoined by, his traditionary faith. Frequent visits to the Indian's Reservation, on the south bank of the Grand River, have put me in the way of acquiring oral data, which shall subserve my intention; and I shall prosecute my attempt with the greater hope of reaping a fair measure of success, since I have fortified my position with gleanings (bearing, however, solely on minor matters of fact) from some few published records, which have to do with the history of the Indian, generally, and have been the fruitful labour of authors of repute and standing, native as well as white. Should the issue of failure attend upon my effort, I shall be disposed to ascribe it to some not obscure reason connected with literary style and execution, rather than to the fact of there not having been adequate material at hand for the purpose.

THE INDIAN'S CONDITIONS OF SETTLEMENT.

The conditions which govern the Indian's occupation of his Reserve are, probably, so well known, that any extended reference under this head will be needless.

He ceded the whole of his land to the Government, this comprising, originally, a tract which pursued the entire length of the Grand River, and, accepting it as the radiating point, extended up from either side of the river for a distance of six miles, to embrace an area of that extent. The Government required the proprietary right to the land, in the event of their either desiring to maintain public highways through it themselves, or that they might be in a position to sanction, or acquiesce in, its use or expropriation by Railway Corporations, for the running of their roads; or for other national or general purposes. The surrender on the part of the Indian was not, however, an absolute one, there having been a reservation that he should have a Reservation, of adequate extent, and the fruit of the tilling of which he should enjoy as an inviolable privilege.

As regards the money-consideration for this land, the Government stand to the Indian in the relation of Trustees, accounting for, and apportioning to, him, through the agency of their officer and appointee, the Indian Superintendent, at so much _per capita_ of the population, the interest arising out of the investment of such money.

_Sales_ of lands among themselves are permissible; but these, for the most part, narrow themselves down to cases where an Indian, with the possession of a good lot, of fair extent, and with a reasonable clearing, vested in him, leaves it, to pursue some calling, or follow some trade, amongst the whites; and treats, perhaps, with some younger Indian, who, disliking the pioneer work involved in taking up some uncultured place for himself, and preferring to make settlement on the comparatively well cultivated lot, buys it. The Government, also, allow the Indian, though as a matter of sufferance, or, in other words, without bringing the law to bear upon him for putting in practice what is, strictly speaking, illegal, to _rent_ to a white the lot or lots on which he may be located, and to receive the rent, without sacrifice or alienation of his interest-money.

Continued non-residence entails upon the non-resident the forfeiture of his interest.

The Indian is, of course, a minor in the eye of the law, a feature of his estate, with the disabilities it involves, I shall dwell upon more fully at a later stage.

Should the Indian intermarry with a white woman, the receipt of his interest-allowance is not affected or disturbed thereby, the wife coming in, as well, for the benefits of its bestowal; but should, on the other hand, an Indian woman intermarry with a white man, such act compels, as to herself, acceptance, in a capitalized sum, of her annuities for a term of ten years, with their cessation thereafter; and entails upon the possible issue of the union _absolute_ forfeiture of interest-money.

In any connection of the kind, however, that may be entered into, the Indian woman is usually sage and provident enough to marry one, whose hold upon worldly substance will secure her the domestic ease and comforts, of which the non-receipt of her interest would tend to deprive her. Should the eventuality arise of the Indian woman dying before her husband, the latter must quit the place, which was hers only conditionally, though the Indian Council will entertain a reasonable claim from him, to be recouped for any possible outlay he may have made for improvements.

The Government confer upon the Indian the privilege of a resident medical officer, who is paid by them, and whose duty it is to attend, without expectation of fee or compensation of any kind, upon the sick. His relation, however, to the Government is not so defined as to preclude his acceptance of fees from whites resident on the Reserve, provided the advice be sought at his office. The Government, probably, being well aware of the stress of work under which their medical appointee chronically labours, and appreciating the consequent unlikelihood of this privilege being exercised to the prejudice of the Indian, have not, as yet, shorn him of it.

Another privilege that the Indian enjoys, and which was granted to him by enactment subsequent to that which a.s.sured to him his Reserve, is that of transit at half-fare grates on the different railroads. This is a right which he neither despises, nor, in any way, affects to despise, since it meets, and is suited to, his common condition of slender and straitened means. The moderate charge permits him to avail frequently of the privilege at seasons (which comprehend, in truth, the greater portion of the year) when the roads are almost unfit for travel, the Indian, as a rule, going in for economy in locomotive exercise (so my judgment decrees, though it has been claimed for him that, at an earlier period of his history, walking was congenial to him) hailing and adopting gladly the medium which obviates recourse to it.

HIS MEETINGS OF COUNCIL.

The Indian Council has a province more important than that which our Munic.i.p.al 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 partic.i.p.ate 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 ill.u.s.trating, 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 kins.h.i.+p 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 pa.s.sed, is the presiding officer.

As mention is made here of the Superintendent, or, as his t.i.tle 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 a.s.signed) 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 inc.u.mbent 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 ign.o.ble 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 pa.s.s 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.

HIS ORATORY.

As it is at his meetings of Council, and during the discussions that are there provoked, that the Indian's powers of oratory come, for the most part, into play, and secure their freest indulgence, that will appropriately const.i.tute my next head.

We are permitted to adjudge the manner and style of the Indian's oratory, whether they be easy or strained; graceful or stiff; natural or affected; and we may, likewise, discover, if his speech be flowing or hesitating; but it is denied to us, of course, to appreciate in any degree, or to appraise his utterances. I should say the Indian fulfils the largest expectations of the most exacting critic, and the highest standard of excellence the critic may prescribe, in all the branches of oratory that may (with his province necessarily fettered) fitly engage his attention, or be exposed to his hostile shafts.

The Indian has a marvellous control over facial expression, and this, undeniably, has a powerful bearing upon true, effective, heart-moving oratory. Though his _spoken_ language is to us as a sealed book, his is a mobility of countenance that will translate into, and expound by, a language shared by universal humanity, diverse mental emotions; and a.s.sure, to the grasp of universal human ken, the import of those emotions; that will express, in turn, fervor, pathos, humor; that, to find its completest purpose of unerringly revealing each pa.s.sion, alternately, and for the nonce, swaying the human breast, will traverse, as it were, and compa.s.s, and range over the entire gamut of human emotion.

The Indian's grace and aptness of gesture, also, in a measure, bespeak and proclaim commanding oratory. The power, moreover, which with the Indian resides in mere gesture, as a medium for disclosing and laying bare the thoughts of his mind, is truly remarkable. Observe the Indian interpreter in Court, while in the exercise of that branch of his duty which requires that the evidence of an English-speaking witness or, at all events, that portion of it which would seem to inculpate the prisoner at the bar, or bear upon his crime, shall be given to him in his own tongue; and, having been intent upon getting at the drift of the testimony, mark how dexterously the interpreter brings gesture and action into play, wherever the narration involves unusual incident or startling episode, provoking their use! What a reality and vividness does he not throw, in this way, into the whole thing! It records, truly, a triumph of mimetic skill. Again, the opportune gesture used by the Indian in enforcing his speaking must seem so patent, in the light of the after-revelation by the interpreter, that we can scarcely err in confiding in it as a valuable aid in adjudging his qualities of oratory. We are, often, indeed, put in possession of the facts, in antic.i.p.ation of the province of the interpreter, who merely steps in, with his more perfect key, to confirm our preconceived interpretation. It may be contended by some gainsayer, that the Indian vocabulary, being so much less full and rich than our own, gesture and action serve but to cover up dearth of words, and are, in truth, well-nigh the sum of the Indian's oratory; a judgment which, while, perhaps, conceding to the Indian honour as a pantomimist, denies him eminence as a true orator. This may or may not be an aptly taken objection, yet I have no hesitation in a.s.signing the Indian high artistic rank in these regards, and would fain, indeed, accept him as a prime educator in this important branch of oratory.

The attention of his hearers, which an Indian speaker of recognized merit arrests and sustains, also lends its weight to substantiate his claim, to good oratory; unless, indeed, the discriminating faculties of the hearers be greatly at fault, which would caution us not to esteem this the guide to correct judgment in the matter that it usually forms.