Man was created for social intercourse; but social intercourse cannot be maintained without a sense of justice; then man must have been created with a sense of justice. [T]here is an error into which most of the speculators on government have fallen, and which the well known state of society of our Indians ought before now to have corrected. [I]n their hypotheses, of the origin of government, they suppose it to have commenced in the patriarchal, or monarchical form. [O]ur Indians are evidently in that state of nature which has past the association of a single family; & not yet submitted to the authority of positive laws, or of any acknoleged [sic] magistrate. [E]very man, with them, is perfectly free to follow his own inclinations. [B]ut if, in doing this, he violates the rights of another, if the case be slight, he is punished by the disesteem of his society, or, as we say, by public opinion; if serious, he is tomahawked as a dangerous enemy. [T]heir leaders conduct them by the influence of their character only; and they follow, or not, as they please, him of whose character for wisdom or war they have the highest opinion. [H]ence the origin of the parties among them adhering to different leaders, and governed by their advice, not by their command.
[T]he Cherokees, the only tribe I know to be contemplating the establishment of regular laws, magistrates and government, propose a government of representatives elected from every town. [B]ut of all things they least think of subjecting themselves to the will of one man. [T]his the only instance of actual fact, within our knolege[sic], will be then a beginning by republican, and not by patriarchal or monarchical government, as speculative writers have generally conjectured.
Thomas Jefferson to Francis W. Gilmer (June 7, 1816)