The “Chief-of-men,” the so-called “king,” did not properly have any judicial authority. He was their war-chief, and not a judge; but from the very nature of his office he had some powers in this direction. As commander-in-chief, he possessed authority to summarily punish (with death, if necessary) acts of insubordination and treachery during war. It was necessary to clothe him with a certain amount of discretionary power for the public good. Thus, the first runner that arrived from the coast with news of the approach of the European ships was, by the order of Montezuma, placed in confinement. “This was done to keep the news secret until the matter could be investigated, and was therefore a preliminary measure of policy.” Placed at the tecpan as the official head of the tribe, he had power to appoint his assistants. But this power to appoint implied equal power to remove, and to punish.25
This investigation into their laws and methods of enforcing them, carries us to the conclusion already arrived at. It is in full keeping with what we would expect of a people in the Middle Status of barbarism. We also see how little real foundation there is for the view that this was a monarchy. There is no doubt but that the pueblo of Mexico was the seat of one of the largest and most powerful tribes, and the leading member of one of the most powerful confederacies that had ever existed in America.
It may be of interest for us to inquire as to what was the real extent of this power, and the means employed by the Mexicans to maintain this power; also how they had succeeded in attaining the same. They were not by nature more gifted than the surrounding tribes. The valley of Mexico is an upland basin. It is oval in form, surrounded by ranges of mountains, rising one above the other, with depressions between. The area of the valley itself is about sixteen hundred square miles. The Mexicans were the last one of the seven kindred tribes who styled themselves, collectively, the Nahuatlacs. We treat of them as the Nahuas.
The Nahuas on the north and the Mayas on the south included the civilized nations. When the Mexicans arrived in this valley, they found the best situations already occupied by other tribes of their own family. To escape persecution from these, they fled into the marsh or swamp which then covered the territory which they subsequently converted into their stronghold. Here on a scanty expanse of dry soil, surrounded by extensive marshes, they erected their pueblo. Being few in numbers they were overlooked as insignificant, and thus they had a chance to improve their surroundings. They increased the area of dry land by digging ditches, and throwing the earth from the same on the surrounding surface, and thus elevated it. In reality, in the marshes that surrounded their pueblo was their greatest source of strength. “They realized that while they might sally with impunity, having a safe retreat behind them, an attack upon their position was both difficult and dangerous for the assailant.” They were, therefore, strong enough for purposes of defense. But they wished to open up communication with the tribes living on the shore of the great marsh in the midst of which they had their settlement. For this purpose they applied to their near and powerful neighbors, the Tecpanics, for the use of one of the springs on their territory, and for the privilege of trade and barter in their market. This permission was given in consideration that the Mexicans become the weaker allies of the Tecpanics, that is, pay a moderate tribute and render military assistance when called upon.
The Pueblo of Mexico now rapidly increased in power. Communication being opened with the mainland, it was visited by delegates from other tribes, and especially by traders. They fully perceived the advantages of their location and improved the same. By the erection of causeways, they entirely surrounded their pueblo with an artificial pond of large extent. To allow for the free circulation of the water, sluices were cut, interrupting these causeways at several places. Across these openings wooden bridges were placed which could be easily removed in times of danger.
Thus it was that they secured one of the strongest defensive positions ever held by Indians. The Tecpanics had been the leading power in the valley, but the Mexicans now felt themselves strong enough to throw off the yoke of tribute to which they were subject. In the war that ensued the power of the Tecpanics was broken, and the Mexicans became at once one of the leading powers of the valley. We must notice, however, that the Mexicans did not gain any new territory, except the locality of their spring. Neither did they interfere at all in the government of the Tecpanics. They simply received tribute from them.
Once started on their career of conquest, the Mexicans, supported by allies, sought to extend their power. The result was that soon they had subdued all of the Nahua tribes of the valley except one, that was a tribe located at Tezcuco. This does not imply that they had become masters of the territory of the valley. When a modern nation or state conquers another, they often add that province to their original domain, and extend over it their code of laws. This is the nature of the conquests of ancient Rome. The territory of the conquered province became part of the Roman Empire. They became subject to the laws of Rome. Public, works were built under the direction of the conquerors, and they were governed from Rome or by governors appointed from there.
Nothing of this kind is to be understood by a conquest by the Mexicans, and it is necessary to understand this point clearly. When they conquered a tribe, they neither acquired nor claimed any right to or power over the territory of the tribe. They did not concern themselves at all with the government of the tribe. In that respect the tribe remained free and independent. No garrisons of troops were stationed in their territory to keep them in subjection; no governors were appointed to rule over them. What the Mexicans wanted was tribute, and in case of war they could call on them for troops. Secure in their pueblo surrounded by water, they could sally out on the less fortunate tribes who chose to pay tribute rather than to be subject to such forays.
Instead of entering into a conflict with the tribe at Tezcuco, the result of which might have been doubtful, a military confederacy was formed, into which was admitted the larger part of the old Tecpanic tribe that had their chief pueblo at Tlacopan. The definite plan of this confederacy is unknown. Each of the three tribes was perfectly independent in the management of its own affairs. Each tribe could make war on its own account if it wished, but in case it did not feel strong enough alone, it could call on the others for assistance. When the force of the confederacy went out to war, the command was given to the war chief of the Mexicans, the “Chief-of-men.”
If a member of the confederacy succeeded in reducing by its own efforts a tribe to tribute, it had the full benefit of such conquest. But when the entire confederacy had been engaged in such conquest, the tribute was divided into five parts, of which two went to Mexico, two to Tezcuco, and one to Tlacopan. This co-partnership for the purpose of securing tribute by the three most powerful tribes of the valley, under the leadership of Mexico, was formed about the year 1426, just about one hundred years from the date of the first appearance of the Mexicans in the valley.