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108 with “gravity, fixed attention, and decorum.” Finally an aged chief, ninety years of age, arose and said: “I speak to-day; perhaps to-morrow I die. I am the oldest chief of the tribe. I was the high chief when your great brothers, Lewis and Clarke, visited this country. They visited me, and honored me with their friendship and counsel. I showed them my numerous wounds, received in bloody battle with the Snakes. They told me it was not good; it was better to be at peace; gave me a flag of truce; I held it up high. We met, and talked, but never fought again. Clarke pointed to this day—to you and this occasion. We have long waited in expectation; sent three of our sons to Red River school to prepare for it; two of them sleep with their fathers; the other is here, and can be ears, mouth, and pen for us. I can say no more; I am quickly tired; my voice and limbs tremble. I am glad I live to see you and this day; but I shall soon be still and quiet in death.”

At this council the Nez Percés elected a head chief named Ellis, and adopted the following Code of Laws:

Art. 1. Whoever wilfully takes life shall be hung.

Art. 2. Whoever burns a dwelling-house shall be hung.

Art. 3. Whoever burns an out-building shall be imprisoned six months, receive fifty lashes, and pay all damages.

Art. 4. Whoever carelessly burns a house or any property shall pay damages.

Art. 5. If any one enter a dwelling without permission of the occupant, the chiefs shall punish him as they think proper. Public rooms are excepted.

Art. 6. If any one steal, he shall pay back twofold; and if it be the value of a beaver-skin or less, he shall receive twenty-five lashes; and if the value is over a beaver-skin, he shall pay back twofold, and receive fifty lashes.

Art. 7. If any one take a horse and ride it, without permission, or take any article and use it, without liberty, he shall pay for the use of it, and receive from twenty to fifty lashes, as the chief shall direct.