fallible; for the child must be the son of its mother, although not necessarily of its mother's husband. If the purity of blood be of any moment, the lawgivers of the Iroquois established the only certain rule the case admits of, whereby the assurance might be enjoyed that the ruling sachem was of the same family or tribe with the first taker of the title.

*

*

[P. 82.]

The succession of the rules of the League is one of the most intricate subjects to be met with in the political system of the Iroquois. It has been so difficult to procure a satisfactory exposition of the enactments by which the mode of succession was regulated, that the sachemships have sometimes been considered elective, at others as hereditary. Many of the obstacles which beset the inquiry are removed by the single fact, that the title of sachem was absolutely hereditary in the tribe to which it was originally assigned, and could never pass out of it but with its extinction. How far these titles were hereditary in that part of the family of the sachem who were of the same tribe with himself, becomes the true question to consider. The sachem's brothers, and the sons of his sisters were of his tribe, and, consequently, in the line of succession. Between a brother and a nephew of the deceased, there was no law which established a preference; neither between several brothers, on the one hand, and sons of several sisters on the other, was there any law of primogeniture; nor, finally, was there any positive law, that the choice should be confined to the brothers of the deceased ruler, and the descendants of his sisters in the female line, until all these should fail, before a selection could be made. from the tribe at large. Hence, it appears, so far as positive enactments were concerned, that the office of sachem was hereditary in the particluar tribe in which it ran; while it was elective, as between the male members of the tribe itself.1

In the absence of laws, designating with certainty the individual upon whom the inheritance should fall, custom would come in

'Laws of succession somewhat similar existed among the Aztecs. "The sovereign was selected from the brothers of the deceased prince, or, in default of them, from his nephews, thus the election was always restricted to the same family. * The scheme of election, however defective, argues a more refined and calculating policy than was to have been expected from a barbarous nation."-Prescott's Conquest of Mexico, vol. i, p. 23. [Appearing in original

* *

and assume the force of law, in directing the manner of choice, from among a number equally eligible. Upon the decease of a sachem, a tribal council assembled to determine upon his successor. The choice usually fell upon a son of one of the deceased ruler's sisters, or upon one of his brothers-in the absence of physical and moral objections; and this preference of one of his near relatives would be suggested by feelings of respect for his memory. Infancy was no obstacle, it involving only the necessity of setting over the infant a guardian, to discharge the duties of a sachem until he attained a suitable age. It sometimes occurred that all the relatives of the deceased were set aside, and a selection was made from the tribe generally; but it seldom thus happened, unless from the great unfitness of the near relatives of the deceased.

When the individual was finally determined, the nation summoned a council, in the name of the deceased, of all the sachems of the League; and the new sachem was raised up by such council, and invested with his office.

In connection with the power of the tribes to designate the sachems, should be noticed the equal power of deposition. If, by misconduct, a sachem lost the confidence and respect of his tribe, and became unworthy of authority, a tribal council at once deposed him; and, having selected a successor, summoned a council of the League to perform the ceremony of his investiture.

EXHIBIT 249.

The Indian Leases.1

The frequent Allusion to the Leasee Company and its Operations, in this Work, requires a somewhat detailed Notice of its Organization. In 1787, an Association of influential Men chiefly living in Columbia County, was formed to secure a Lease of all the Indian Lands in the State for 999 Years, doubtless relying upon their Political Influence in securing Legislative Sanction to the Measure. Among the Foremost of this Company were John Livingston of Livingston Manor, Maj. Peter Schuyler, Dr. Calob

'Hough's Proceedings of the Commissioners of Indian Affairs, p. 119 note.

Benton, Ezekiel Gilbert, and others. The better to effect their Purpose they gave an Interest to certain Persons residing in the Indian Country as Traders, and organized a Branch in Canada, called the Niagara Genesee Land Company, thus enlisting the Influence of Col. John Butler, Samuel Street, John Powel, Johnson, and Murphy, Subjects of Great Britain, and of Benjamin Barton, a Citizen of the United States at Niagara. The Constitution of New York of 1777, expressly forbade the Purchase of Lands from the Indians by Individuals, and hence this scheme was devised to evade the Letter of the fundamental Law, while it defeated its Spirit. The Company, known in this State as the New York Genesee Company of Adventurers, was composed of eighty Persons, of whom ten owned half Shares and the Remainder Single Shares. The following is a list of these Adventures, of whom those owning half shares are indicated by a Star.

New York Genesee Company of Adventurers.

Benjamin Allen, Joseph Barnard, John Bartle, Peter Bartle, John Bay, Calob Benton, Benjamin Birdsall, Peter Bishop, Henry Blatner, Benjamin Brown, James Bryant, Prince Bryant, Benjamin Chace, William Colbrath, David Collins, John Collins, Ananias. Cooper,* Abraham Cuyler, James Dean, Dominico DeBarge, John D. P. Douw, Ezekial Gilbert, Obadiah Gore, John Graham, Morris Graham, Joseph Hamilton, Stephen Hogeboom, William Hopkins, Ebenezer Husted, Seth Jenkins, Lark Jennings, Thomas Jones,* Ambrose Lattin, Eleazer Lindsley, Henry Livingston, Henry B. Livingston, Henry G. Livingston, John Livingston, Peter R. Livingston, Peter Loup, Peter Ludlow,* William Ludlow,* Charles McKinstrey, John McKinstrey, John Maley, Daniel Niven, Hezekiah Olcott, James Parker, Isaac Paris, William Pearce, William Potter, William Radclift, Ezra Reed, Sarah Reed, Garret Ryckman, Peter Ryckman, Jeremiah Sabin, Abraham Schuyler, Peter Schuyler, Nathaniel Scribner, Bazeliel Sealy, Jacob F. Shaver, Nathaniel Shaw,* John Shepard,* Cotton M. Smith, Simon Spalding, William Stewart. Henry Tremper, Laurence Tremper, Robert Troup, Henry J. VanRensselaer, Robert Van Rensselaer, Matthew Visscher, William Wall, Hugh Welsh, Walter V. Wempel, Jacob Henry Wendel, Andrew White,* John White,* William Whiting.

In this list we find a former Commissioner holding Indian Treaties, an acting State Senator, the Clerks of Albany and Columbia Counties, a future Sheriff of Herkimer and Oneida Counties, eleven past, seven present and fourteen future Members of Assembly, and others who had undeservedly shared the Public Confidence. It is but just to infer that some of these were misled by Falsehoods, or induced to lend Countenance to the Transaction through the influence of Bad Men; but to the greater number History will attach a Stain of Dishonor, for which no Apoligies can atone.

Two separate leases were procured. Copies of which are here annexed.

Livingston's Lease for 999 Years.

This Indenture made the thirtieth Day of November in the Year of our Lord one thousand seven hundred and eighty-seven, between the Chiefs or Sachems of the Six Nations of Indians on the one part, and John Livingston, Caleb Benton, Peter Ryckman, John Stevenson, and Ezekiel Gilbert, for themselves and their Associates, of the County of Columbia and State of New York, Esquires, of the other Part, Witnesseth, that the said Chiefs or Sachems of the six Nations, for and in Consideration of the Yearly Rent and Covenants hereinafter reserved, mentioned and contained, which on the Part and Behalf of the said John Livingston, Caleb Benton, Peter Ryckman, John Stevenson, and Ezekiel Gilbert, and their Associates, their Executors, Administrators and Assigns are or ought to be paid, kept, done or performed, hath demised, granted, and to Farm let, and by these Presents doth demise, set and to Farm let, unto the said John Livingston, Caleb Benton, Peter Ryckman, John Stevenson, and Ezekiel Gilbert, and their Associates, their Executors, Administrators and Assigns, all that cerain Tract or Parcel of Land, commonly called and known by the Name of the Lands of the six Nations of Indians, situate, lying and being in the State of New York, and now in the actual Possession of the said Chiefs or Sachems of the six Nations:

Beginning at a Place commonly called and known by the Name of Canada Creek, about seven Miles West of Fort Stanwix now Fort Schuyler; thence Northeasterly to the Province of Quebec; thence along the said Line to the Pennsylvania Line; thence East on the said Line or Pennsylvania Line to the Line of Property so called

by the State of New York; thence along the said Line of Property to Canada Creek aforesaid, together with all and singular the Houses, Barns, Out Houses, Closes, Grounds, Lands, Meadows, Pastures, Feedings, Commons, Profits, Ways and Paths, Passages, Waters, Water Courses, Mines, Minerals, Easements and Appurtenances whatsoever, to the said Messuages or Tract of Land belonging, or in any ways appertaining (excepting and always reserving out of this present Demise and Grant, unto the Chiefs or Sachems and their Heirs any Tract or Piece of Land they chose to reserve for themselves and their Heirs; but if they the said Cheifs or Sachems of the Six Nations are minded at any Time to leave the Lands, then and in that Case it shall revert to the said John Livingston, Caleb Benton, Peter Ryckman, John Stevenson, and Ezekiel Gilbert, and their Associates and their Heirs during the Term of this Lease, to Have and to Hold the said Messuages and Tracts of Land, and all and singular the said Premises hereby demised, with the Appurtenances (except as before excepted) unto the said John Livingston, Caleb Benton, Peter Ryckman, John Stevenson, and Ezekiel Gilbert, and their Associates, their Executors, Administrators and Assigns, from the Day above written, for and during the Term of nine hundred and ninety-nine Years, thence next ensuing, and fully to be complete and ended, yielding and paying therefor, yearly and every Year, during the said Term hereby granted, unto the said Chiefs or Sachems of the Six Nations, their Heirs, Executors and Administrators, the yearly Rent or Sum of Two Thousand Spanish Milled Dollars, in and upon the fourth Day of July; and also that they the said John Livingston, Caleb Benton, Peter Ryckman, John Stevenson, Ezekiel Gilbert, and their Associates, their Executors, Administrators and Assigns, paying the yearly Rent of Two Thousand Spanish Milled Dollars and performing all and singular the said Covenants and Agreements hereinbefore mentioned, which on their Behalfs are or ought to be paid done or performed, shall and may, from Time to Time and at all Times during the said Term hereby granted, peaceably and quietly enter into, have, hold, use, occupy, possess and enjoy, all and singular the said premises hereby granted and demised, with the Appurtenances (except as before excepted) without any Let, Trouble, Hinderance or Molestation, Interruption or Denial of them the said Chiefs or Sachems of the six Nations, their Heirs, Executors or Administrators and of any