When the confederacy was formed, about A. D. 1400-1450,[86] the conditions previously named were present. The Iroquois was in five independent tribes, occupied territories contiguous to each other, and spoke dialects of the same language which were mutually intelligible. Beside these facts certain gentes were common in the several tribes as has been shown. In their relations to each other, as separated parts of the same gens, these common gentes afforded a natural and enduring basis for a confederacy. With these elements existing, the formation of a confederacy became a question of intelligence and skill. Other tribes in large numbers were standing in precisely the same relations in different parts of the continent without confederating. The fact that the Iroquois tribes accomplished the work affords evidence of their superior capacity. Moreover, as the confederacy was the ultimate stage of organization among the American aborigines its existence would be expected in the most intelligent tribes only.

It is affirmed by the Iroquois that the confederacy was formed by a council of wise-men and chiefs of the five tribes which met for that purpose on the north shore of Onondaga lake, near the site of Syracuse; and that before its session was concluded the organization was perfected, and set in immediate operation. At their periodical councils for raising up sachems they still explain its origin as the result of one protracted effort of legislation. It was probably a consequence of a previous alliance for mutual defense, the advantages of which they had perceived and which they sought to render permanent.

The origin of the plan is ascribed to a mythical, or, at least, traditionary person, Hä-yo-went′-hä, the Hiawatha of Longfellow’s celebrated poem, who was present at this council and the central person in its management. In his communications with the council he used a wise-man of the Onondagas, Da-gä-no-we′-dä, as an interpreter and speaker to expound the structure and principles of the proposed confederacy. The same tradition further declares that when the work was accomplished Hä-yo-went′-hä miraculously disappeared in a white canoe, which arose with him in the air and bore him out of their sight. Other prodigies, according to this tradition, attended and signalized the formation of the confederacy, which is still celebrated among them as a masterpiece of Indian wisdom. Such in truth it was; and it will remain in history as a monument of their genius in developing gentile institutions. It will also be remembered as an illustration of what tribes of mankind have been able to accomplish in the art of government while in the Lower Status of barbarism, and under the disadvantages this condition implies.

Which of the two persons was the founder of the confederacy it is difficult to determine. The silent Hä-yo-went′-hä was, not unlikely, a real person of Iroquois lineage;[87] but tradition has enveloped his character so completely in the supernatural that he loses his place among them as one of their number. If Hiawatha were a real person, Da-gä-no-we′-dä must hold a subordinate place; but, if a mythical person invoked for the occasion, then to the latter belongs the credit of planning the confederacy.

The Iroquois affirm that the confederacy as formed by this council, with its powers, functions and mode of administration, has come down to them through many generations to the present time with scarcely a change in its internal organization. When the Tuscaroras were subsequently admitted, their sachems were allowed by courtesy to sit as equals in the general council, but the original number of sachems was not increased, and in strictness those of the Tuscaroras formed no part of the ruling body.

The general features of the Iroquois Confederacy may be summarized in the following propositions:

I. The confederacy was a union of Five Tribes, composed of common gentes, under one government on the basis of equality; each Tribe remaining independent in all matters pertaining to local self-government.

II. It created a General Council of Sachems, who were limited in number, equal in rank and authority, and invested with supreme powers over all matters pertaining to the Confederacy.

III. Fifty Sachemships were created and named in perpetuity in certain gentes of the several Tribes; with power in these gentes to fill vacancies, as often as they occurred, by election from among their respective members, and with the further power to depose from office for cause; but the right to invest these Sachems with office was reserved to the General Council.