Each clan is entitled to a chief. Each chief has a seat in council. The chiefs are hereditary, counting by the female line. By this law of descent, no chief could beget an immediate successor. And herein consisted one of the marked points of political wisdom in their system. It is this law of descent which best distinguishes it from the system of government of other nations on this continent, and in Asia. No such rule is known to exist, but may exist, among the Mongol race, or other Asiatic stocks, to whom these people have usually been traced. If so, the law of descent, in this regard, is indigenous and original. What disquisitions have we not seen, that a certain Iroquois chief was in the regular line of the chieftainship, by the father? whereas, it is clear, that the son of a chief could never, in any case, succeed his father. The descent ran, so to say, in the line of the queen-mother. If a chief die, his brother, next in age, would succeed him. These failing, his daughter's male children, if connected with the reigning totem, would succeed. Her children constituted the chain of transmission; but the heir to the chieftainship, whether by acknowledged succession, or by choice in case of dispute or uncertainty, had his claims uniformly submitted to a called council, and if approved, the sachem was regularly installed to the office. Councils had this right from an early day, and are known to have ever been very scrupulous and jealous in its exercise, and continue to be so, at this time.
By the establishment of this law of descent, the evils of a hereditary chieftainship were obviated. And the succession was kept in healthy channels, by the right of the council to decide, in all cases, and to set aside incompetent claimants. This right was so exercised, as to give the nation the advantages of the elective power, and to avail itself of all its talent.
We perceive in this system, an effective provision for breaking dynasties, and securing at each mutation of the chieftainship, a fresh line of chiefs, who were subject to a life limit. Each clan having the same right to one chief, a perpetual, yet constantly changing body of sachems, was kept up, which must necessarily change the body entirely in one generation. Yet, like the classes in our senatorial organization, the change was effected so slowly and gradually, that the body of chiefs constituted a political perpetuity.
In contemplating this system, there is more than one point to admire. History gives us no example of a confederacy in which the principle of political and domestic union, were so intimately bound together. By the establishment of the Totemic Bond, the clans were separated on the principle of near kindred, between which all marriage was inhibited. Every marriage between these separated clans, therefore, bound them closer together, and the consequence soon must have been, their entire amalgamation, had it not been provided, that each clan, through the female line, should preserve inviolate forever, its own Totemic independency. In other words, the female was never so incorporated into a new relation by the matrimonial tie, as to lose her family name, and her mother's ancestral rights. If, for example, a deer totem female, married a wolf or hawk male, she was still counted in the clan of the deer, and never gave up her political rights, to the wolf or hawk clans, which had provided for her a husband. Her position may, perhaps, be better understood, by observing that the married woman, still retained her maiden name—the sir name of her family. By this means she preserved the identity of her clan, and with it, its heraldic and political rights. Not only so, the property of a female, never vested in, or belonged to the husband. This trait is still in full vogue, among each of the tribes. Its operation has been witnessed the present year.
Matrons had also the right to attend and sit in council, and there were occasions, in which they were permitted to speak. For this purpose, a speaker was assigned to them, and this person became a standing officer in the council.—It might pertain to the nations to bring in propositions of peace. Such propositions might prejudice the character of a warrior, but they were appropriate to the female, and the wise men knew how to avail themselves of this stroke of policy. We speak of the general and burdensome subjection of the female, among our Red Men—a condition, indeed, inseparable from the hunter state, but here is a trait of power and consideration, which has not yet been reached by refined nations.
With respect to the cause of descent through the female line, it is believed there are sound and politic reasons for such a custom, in the nomadic state; but we have not time to examine them. The whole subject of the separation of the tribes into a fixed member of original clans; the connexion of these clans, preserved by the totems, and the selection of the female as the preserver of these totemic ties, is one of deep interest, and worthy of your inquiries. So far as the investigation has been carried, it appears, that the primary object of this organization was to preserve the NAMES of the original founders of the nation.—These founders are said to have been the children of two brothers, and were cousin-germans. But why preserve their names? What object was to result from it? Were the persons who bore the names of the wolf, and the turtle and the falcon and other species, famed as hunters or warriors? Had they delivered their people, from imminent peril, or performed any noble act? Had they conducted their people across the sea, from other countries? Did they expect to return, and was this the object of preserving their names, in the line of their descendants? Or was the institution, as it does not appear to have been, mere caprice? Nothing could give more interest to your enquiries than a search into these obscure matters. They are, in fact, at the foundation of their system of government, and will enable you, with more clearness, to ascertain and fix its principles.
4. Of this government itself, we know very little, beyond the fact, that it had attained great celebrity among the other tribes. It was evidently founded on the overthrow of that of the ancient Alleghans. It appears to have been full of intricacies, yet simple. A republic, yet embracing aristocratic features. A mere government of opinion; yet fixed, effective, and powerful. It would be well to sift it, by the best lights yet within reach. These are verbal and traditionary. There is little to be had from books.
If we look at the political theory of this government it had traits both peculiar and prescient. Their councils were not constituted, primarily, by elective representation. Yet they secured the chief benefits of it. The chiefs, had a life office, and were incapable of transmitting it to their descendants. The organic council was a representation of tribes, not of members. This aristocratic feature, was balanced and its tendency to absorb authority prevented, by permitting the warriors to sit in these primary councils. In these councils, there was free discussion and full deliberation. But there was no formal vote taken, nor any measure carried by counting persons, or ascertaining a majority or plurality. Tradition declares against any such test. The popular sense appears to have been secured alone by the scope and tenor of the debates. I cannot learn that there ever was any formal expression, equivalent to the modern practice of taking of the sense of the council on a measure. Perhaps something of this kind is to be found in the approbatory response, from which the French are said to have made up the word Iroquois.
If the aristocratic feature of life-sachemship, was counteracted by the influence of the warriors in council, at the Council Fire of the Tribes; this feature was shorn still more of its objectionable tendencies in the General or Central Council of the Confederacy. Chiefs attended this national assemblage, as delegates or representatives, although not elected representatives, of their tribes. The number depended on circumstances; and varied with the occasion. They were sent, or went, to deliberate on a specific question, or questions, for which, the tribe was summoned, by the Executive Sachem of the Nation holding the high office of Attotarho,[C] or Convener of the Council. This central council, headed by this kind of a Presidency, was in fact, more purely democratic in its structure, than the home councils. It consisted essentially of a Congress of Chiefs, having a right as chiefs to attend, or delegated for the purpose, and aided also, by the warriors. It had the character of being a representative national body, delegated for a single session; and of a local body of life chiefs constituting the home sachemry, or a limited senate.
Such I apprehend to have been the structure of the Iroquois government. It was strong, efficient and popular.—It had its fixity in the life tenure of the chiefs and the customs of proceeding. The voice of the warriors constituted a counterbalance, or species of second estate. But practically, whatever the theory, the chief and warriors, acted as one body. They came, generally, to advocate, or announce what had already been decided on, in the body of the tribe.