168 NATURAL AND CIVIL 



or compel to his measures. He is fed and 

 clothed like the rest of the tribe. Kis 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 powei*. 

 In every external circumstance, the chiefs are 

 upon a level Vv'ith 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 occa- 

 sions of contention were so fevv' that thev did 

 not much affect the tribe. And wlien 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 de- 

 rived from nature, were seldom wrong, obscure, 

 or inconsistent ; but gencrall}* plain, clear, and 

 useful. Their penalties and punishments vvere 

 derived from tlie same source. Loss of char- 

 acter, and reputation, disgrace, exclusion from 

 the tribe, and death, were the punishments to 

 Tvliich offenders were exposed, according to the 

 nature und aggravation of their crimes. These 

 punishments were not described, and assigned 

 to a particular crime by a written lavv ; but the}-- 

 rested upon the public opinion of the tribe, and 

 derived great force and power from it. An of- 

 fender who had been greatly and deeply guilty^ 



