2. A distinct dialect peculiar to this tribe. As a matter of fact the tribe and the dialect are co-extensive. In America, the formation of new tribes and dialects by segmentation was in progress until quite recently, and doubtless it is still going on. Where two weak tribes amalgamated into one, there it exceptionally happened that two closely related dialects were simultaneously spoken in the same tribe. The average strength of American tribes is less than 2,000 members. The Cherokees, however, number about 26,000, the greatest number of Indians in the United States speaking the same dialect.
3. The right to solemnly invest the sachems and chiefs elected by the gentes, and
4. The right to depose them, even against the will of the gens. As these sachems and chiefs are members of the tribal council, these rights of the tribe explain themselves. Where a league of tribes had been formed and all the tribes were represented in a feudal council, the latter exercised these rights.
5. The possession of common religious conceptions (mythology) and rites. "After the fashion of barbarians the American Indians were a religious people." Their mythology has not yet been critically investigated. They materialized their religious conceptions—spirits of all sorts—in human shapes, but the lower stage of barbarism in which they lived, knows nothing as yet of so-called idols. It is a cult of nature and of the elements, in process of evolution to pantheism. The different tribes had regular festivals with prescribed forms of worship, mainly dances and games. Especially dancing was an essential part of all religious celebrations. Every tribe celebrated by itself.
6. A tribal council for public affairs. It was composed of all the sachems and chiefs of the different gentes, real representatives because they could be deposed at any moment. It deliberated in public, surrounded by the rest of the tribal members, who had a right to take part in the discussions and claim attention. The council decided. As a rule any one present gained a hearing on his demand. The women could also present their views by a speaker of their choice. Among the Iroquois the final resolution had to be passed unanimously, as was also the case in some resolutions of German mark (border) communities. It was the special duty of the tribal council to regulate the relations with foreign tribes. The council received and despatched legations, declared war and made peace. War was carried on principally by volunteers. "Theoretically, each tribe was at war with every other tribe with which it had not formed a treaty of peace."
Expeditions against such enemies were generally organized by certain prominent warriors. They started a war dance, and whoever took part in it thereby declared his intention to join the expedition. Ranks were formed and the march began immediately. The defense of the attacked tribal territory was also generally carried on by volunteers. The exodus and the return of such columns was always the occasion of public festivities. The consent of the tribal council for such expeditions was not required, and was neither asked nor given. This corresponds to the private war expeditions of German followers described by Tacitus. Only these German groups of followers had already assumed a more permanent character, forming a standing center organized during peace, around which the other volunteers gathered in case of war. Such war columns were rarely strong in numbers. The most important expeditions of the Indians, even for long distances, were undertaken by insignificant forces. If more than one group joined for a great expedition, every group obeyed its own leader. The uniformity of the campaign plan was secured as well as possible by a council of these leaders. This is the mode of warfare among the Allemani in the fourth century on the Upper Rhine, as described by Ammianus Marcellinus.
7. In some tribes we find a head chief, whose power, however, is limited. He is one of the sachems who has to take provisional measures in cases requiring immediate action, until the council can assemble and decide. He represents a feeble, but generally undeveloped prototype of an official with executive power. The latter, as we shall see, developed in most cases out of the highest war chief.
The great majority of American Indians did not go beyond the league of tribes. With a few tribes of small membership, separated by wide boundary tracts, weakened by unceasing warfare, they occupied an immense territory. Leagues were now and then formed by kindred tribes as the result of momentary necessity and dissolved again under more favorable conditions. But in certain districts, tribes of the same kin had again found their way out of disbandment into permanent federations, making the first step towards the formation of nations. In the United States we find the highest form of such a league among the Iroquois. Emigrating from their settlements west of the Mississippi, where they probably formed a branch of the great Dakota family, they settled at last after long wanderings in the present State of New York. They had five tribes: Senecas, Cayugas, Onondagas, Oneidas and Mohawks. They lived on fish, venison, and the products of rough gardening, inhabiting villages protected by stockades. Their number never exceeded 20,000, and certain gentes were common to all five tribes. They spoke closely related dialects of the same language and occupied territories contiguous to one another. As this land was won by conquest, it was natural for these tribes to stand together against the expelled former inhabitants. This led, not later than the beginning of the fifteenth century, to a regular "eternal league," a sworn alliance that immediately assumed an aggressive character, relying on its newly won strength. About 1675, at the summit of its power, it had conquered large districts round about and partly expelled the inhabitants, partly made them tributary. The Iroquois League represented the most advanced social organization attained by Indians that had not passed the lower stage of barbarism. This excludes only the Mexicans, New Mexicans and Peruvians.
The fundamental provisions of the league were:
1. Eternal federation of the five consanguineous tribes on the basis of perfect equality and independence in all internal tribal matters. This consanguinity formed the true fundament of the league. Three of these tribes, called father tribes, were brothers to one another; the other two, also mutual brothers, were called son tribes. The three oldest gentes were represented by living members in all five tribes, and these members were all regarded as brothers. Three other gentes were still alive in three tribes, and all of their members called one another brothers. The common language, only modified by variations of dialect, was the expression and proof of their common descent.