It is somewhat difficult to understand just what the rights and duties of a phratry were. This division does not exist in all tribes. But, as it was present among the Mexicans, we must learn what we can of its powers. Among the Iroquois the phratry was apparent chiefly in religious matters, and in social games. They did not elect any war-chief. The Mexican phratry was largely concerned with military matters. The forces of each phratry went out to war as separate divisions. They had their own costumes and banners. The four phratries chose each their war-chief, who commanded their forces in the field, and who, as commander, was the superior of the war-chiefs of the gentes.
In time of peace, they acted as the executors of tribal justice. They belonged to the highest grade of war-chiefs in Mexico—but there was nothing hereditary about their offices. They were strictly elective, and could be deposed for cause. They were in no case appointed by a higher authority. One of these chiefs was always elected to fill the office of “Chief of Men;”16 and, in cases of emergency, they could take his place—but this would be only a temporary arrangement.
Ascending the scale, the next term of the series is the tribe. The Spanish writers took notice of a tribe, but failed to notice the gens and phratry. This is not to be considered a singular thing. The Iroquois were under the observation of our own people two hundred years before the discovery was made in reference to them. “The existence among them of clans, named after animals, was pointed out at an early day, but without suspecting that it was the unit of a social system upon which both the tribe and the confederacy rested.”17 But, being ignorant of this fact, it is not singular that they made serious mistakes in their description of the government.
We now know that the Mexican tribe was composed of an association of twenty gentes, that each of these gens was an independent unit, and that all of its members stood on an equal footing. This, at the outset, does away with the idea of a monarchy. Each gens would, of course, have an equal share in the government. This was effected by means of a council composed of delegates from each gens. There is no doubt whatever of the existence of this council among the Mexicans. “Every tribe in Mexico and Central America, beyond a reasonable doubt, had its council of chiefs. It was the governing body of the tribe, and a constant phenomenon in all parts of aboriginal America.”18 The Spanish writers knew of the existence of this council, but mistook its function. They generally treat of it as an advisory board of ministers appointed by the “king.”
Each of the Mexican gens was represented in this council by a “Speaking Chief,” who, of course was elected by the gens he represented. All tribal matters were under the control of this council. Questions of peace and war, and the distribution of tribute, were decided by the council. They also had judicial duties to perform. Disputes between different gentes were adjusted by them. They also would have jurisdiction of all crimes committed by those unfortunate individuals who were not members of any gens, and of crimes committed on territory not belonging to any gens, such as the Teocalli, Market-place, and Tecpan.
The council must have regular stated times of meeting; they could be called together at any time. At the time of Cortez’s visits they met daily. This council was, of course, supreme in all questions coming before it; but every eighty days there was a council extraordinary. This included the members of the council proper, the war-chiefs of the four phratries, the war-chiefs of the gentes, and the leading medicine men. Any important cause could be reserved for this meeting, or, if agreed upon, a reconsideration of a cause could be had. We must understand that the tribal council could not interfere in any matter referring solely to a gens; that would be settled by the gens itself.
The important points to be noticed are, that it was an elective body, representing independent groups, and that it had supreme authority. But the tribes needed officers to execute the decrees of the council. Speaking of the Northern tribes, Mr. Morgan says, “In some Indian tribes, one of the sachems was recognized as its head chief; and so superior in rank to his associates. A need existed, to some extent for an official head of the tribe, to represent it when the council was not in session. But the duties and powers of the office were slight. Although the council was superior in authority, it was rarely in session, and questions might arise demanding the provisional action of some one authorized to represent the tribe, subject to the ratification of his acts by the council.”19
This need was still more urgent among the Mexicans; accordingly we find they elected two officials for this purpose. It seems this habit of electing two chief executives was quite a common one among the tribes of Mexico and Central America. We have already noticed that the Mexican gentes elected two such officers for their purpose. We are further told that the Iroquois appointed two head war-chiefs to command the forces of the confederacy.20
One of the chiefs so elected by the Mexicans bore the somewhat singular title of “Snake-woman.” He was properly the head-chief of the Mexicans. He was chairman of the council and announced its decrees. He was responsible to the council for the tribute received, as far as it was applied to tribal requirements, and for a faithful distribution of the remainder among the gentes. When the forces of the confederacy went out to war, he commanded the tribal forces of Mexico; but on other occasions this duty was fulfilled by his colleague, who was the real war-chief of the Mexicans. His title was “Chief-of-men.” This is the official who appears in history as the “King of Mexico,” sometimes, even, as “Emperor of Anahuac.” The fact is, he was one of two equal chiefs; he held an elective office, and was subordinate to the council.
When the confederacy was formed, the command of its forces was given to the war-chief of the Mexicans; thus he was something more than a tribal officer. His residence was the official house of the tribe. “He was to be present day and night at this abode, which was the center wherein converged the threads of information brought by traders, gatherers of tribute, scouts and spies, as well as all messages sent to, or received from, neighboring friendly or hostile tribes. Every such message came directly to the ‘Chief-of-men,’ whose duty it was, before acting, to present its import to the ‘Snake-woman,’ and, through him, call together the council.” He might be present at the council, but his presence was not required, nor did his vote weigh any more than any other member of the council, only, of course, from the position he occupied, his opinion would be much respected. He provided for the execution of the council’s conclusions. In case of warp he would call out the forces of the confederacy for assistance. As the procurement of substance by means of tribute was one of the great objects of the confederacy, the gathering of it was placed under the control of the war-chief, who was therefore the official head of the tribute-gatherers.