It does not appear that there was a general council of the Aztec confederacy, composed of the principal chiefs of the three tribes, as distinguished from the separate councils of each. A complete elucidation of this subject is required before it can be known whether the Aztec organization was simply a league, offensive and defensive, and as such under the primary control of the Aztec tribe, or a confederacy in which the parts were integrated in a symmetrical whole. This problem must await future solution.
III. The Tenure and Functions of the Office of Principal War-chief.
The name of the office held by Montezuma, according to the best accessible information, was simply Teuctli, which signifies a war-chief. As a member of the council of chiefs he was sometimes called Tlatoani, which signifies speaker. This office of a general military commander was the highest known to the Aztecs. It was the same office and held by the same tenure as that of principal war-chief in the Iroquois confederacy. It made the person, ex officio, a member of the council of chiefs, as may be inferred from the fact that in some of the tribes the principal war-chief had precedence in the council both in debate and in pronouncing his opinion.[223] None of the Spanish writers apply this title to Montezuma or his successors. It was superseded by the inappropriate title of king. Ixtlilxochitl, who was of mixed Tezcucan and Spanish descent, describes the head war-chiefs of Mexico, Tezcuco and Tlacopan, by the simple title of war-chief, with another to indicate the tribe. After speaking of the division of powers between the three chiefs when the confederacy was formed, and of the assembling of the chiefs of the three tribes on that occasion, he proceeds: “The king of Tezcuco was saluted by the title of Aculhua Teuctli, also by that of Chichimecatl Teuctli which his ancestors had worn, and which was the mark of the empire; Itzcoatzin, his uncle, received the title of Culhua Teuctli, because he reigned over the Toltecs-Culhuas; and Totoquihuatzin that of Tecpanuatl Teuctli, which had been the title of Azcaputzalco. Since that time their successors have received the same title.”[224] Izcoatzin (Itzcoatl), here mentioned, was war-chief of the Aztecs when the confederacy was formed. As the title was that of war-chief, then held by many other persons, the compliment consisted in connecting with it a tribal designation. In Indian speech the office held by Montezuma was equivalent to head war-chief, and in English to general.
Clavigero recognizes this office in several Nahuatlac tribes, but never applies it to the Aztec war-chief. “The highest rank of nobility in Tlascala, in Huexotzinco and in Cholula was that of Teuctli. To obtain this rank it was necessary to be of noble birth, to have given proofs in several battles of the utmost courage, to have arrived at a certain age, and to command great riches for the enormous expenses which were necessary to be supported by the possessor of such a dignity.”[225] After Montezuma had been magnified into an absolute potentate, with civil as well as military functions, the nature and powers of the office he held were left in the background—in fact uninvestigated. As their general military commander he possessed the means of winning the popular favor, and of commanding the popular respect. It was a dangerous but necessary office to the tribe and to the confederacy. Throughout human experience, from the Lower Status of barbarism to the present time, it has ever been a dangerous office. Constitutions and laws furnish the present security of civilized nations, so far as they have any. A body of usages and customs grew up, in all probability, among the advanced Indian tribes and among the tribes of the valley of Mexico, regulating the powers and prescribing the duties of this office. There are general reasons warranting the supposition that the Aztec council of chiefs was supreme, not only in civil affairs, but over military affairs, the person and direction of the war-chief included. The Aztec polity under increased numbers and material advancement, had undoubtedly grown complex, and for that reason a knowledge of it would have been the more instructive. Could the exact particulars of their governmental organization be ascertained they would be sufficiently remarkable without embellishment.
The Spanish writers concur generally in the statement that the office held by Montezuma was elective, with the choice confined to a particular family. The office was found to pass from brother to brother, or from uncle to nephew. They were unable, however, to explain why it did not in some cases pass from father to son. Since the mode of succession was unusual to the Spaniards there was less possibility of a mistake with regard to the principal fact. Moreover, two successions occurred under the immediate notice of the conquerors. Montezuma was succeeded by Cuitlahua. In this case the office passed from brother to brother, although we cannot know whether they were own or collateral brothers without a knowledge of their system of consanguinity. Upon the death of the latter Guatemozin was elected to succeed him. Here the office passed from uncle to nephew, but we do not know whether he was an own or a collateral nephew. (See Part Third, ch. [iii].) In previous cases the office had passed from brother to brother and also from uncle to nephew.[226] An elective office implies a constituency; but who were the constituents in this case? To meet this question the four chiefs mentioned by Duran (supra] are introduced as electors, to whom one elector from Tezcuco and one from Tlacopan are added, making six, who are then invested with power to choose from a particular family the principal war-chief. This is not the theory of an elective Indian office, and it may be dismissed as improbable. Sahagun indicates a much larger constituency. “When the king or lord died,” he remarks, “all the senators called Tecutlatoques, and the old men of the tribe called Achcacauhiti, and also the captains and old warriors called Yautequioaques, and other prominent captains in warlike matters, and also the priests called Tlenamacaques, or Papasaques—all these assembled in the royal houses. Then they deliberated upon and determined who had to be lord, and chose one of the most noble of the lineage of the past lords, who should be a valiant man, experienced in warlike matters, daring and brave.... When they agreed upon one they at once named him as lord, but this election was not made by ballot or votes, but all together conferring at last agreed upon the man. The lord once elected they also elected four others which were like senators, and had to be always with the lord, and be informed of all the business of the kingdom.”[227] This scheme of election by a large assembly, while it shows the popular element in the government which undoubtedly existed, is without the method of Indian institutions. Before the tenure of this office and the mode of election can be made intelligible, it is necessary to find whether or not they were organized in gentes, whether descent was in the female line or the male, and to know something of their system of consanguinity. If they had the system found in many other tribes of the Ganowánian family, which is probable, a man would call his brother’s son his son, and his sister’s son his nephew; he would call his father’s brother his father, and his mother’s brother his uncle; the children of his father’s brother his brothers and sisters, and the children of his mother’s brother his cousins, and so on. If organized into gentes with descent in the female line, a man would have brothers, uncles and nephews, collateral grandfathers and grandsons within his own gens; but neither own father, own son, or lineal grandson. His own sons and his brother’s sons would belong to other gentes. It cannot as yet be affirmed that the Aztecs were organized in gentes; but the succession to the office of principal war-chief is of itself strong proof of the fact, because it would explain this succession completely. Then with descent in the female line the office would be hereditary in a particular gens, but elective among its members. In that case the office would pass, by election within the gens, from brother to brother, or from uncle to nephew, precisely as it did among the Aztecs, and never from father to son. Among the Iroquois at that same time the offices of sachem and of principal war-chief were passing from brother to brother or from uncle to nephew, as the choice might happen to fall, and never to the son. It was the gens, with descent in the female line, which gave this mode of succession, and which could have been secured in no other conceivable way. It is difficult to resist the conclusion, from these facts alone, that the Aztecs were organized in gentes, and that in respect to this office at least descent was still in the female line.
It may therefore be suggested, as a probable explanation, that the office held by Montezuma was hereditary in a gens (the eagle was the blazon or totem on the house occupied by Montezuma), by the members of which the choice was made from among their number; that their nomination was then submitted separately to the four lineages or divisions of the Aztecs (conjectured to be phratries), for acceptance or rejection; and also to the Tezcucans and Tlacopans, who were directly interested in the selection of the general commander. When they had severally considered and confirmed the nomination each division appointed a person to signify their concurrence; whence the six miscalled electors. It is not unlikely that the four high chiefs of the Aztecs, mentioned as electors by a number of authors, were in fact the war-chiefs of the four divisions of the Aztecs, like the four war-chiefs of the four lineages of the Tlascalans. The function of these persons was not to elect, but to ascertain by a conference with each other whether the choice made by the gens had been concurred in, and if so to announce the result. The foregoing is submitted as a conjectural explanation, upon the fragments of evidence remaining, of the mode of succession to the Aztec office of principal war-chief. It is seen to harmonize with Indian usages, and with the theory of the office of an elective Indian chief.
The right to depose from office follows as a necessary consequence of the right to elect, where the term was for life. It is thus turned into an office during good behavior. In these two principles of electing and deposing, universally established in the social system of the American aborigines, sufficient evidence is furnished that the sovereign power remained practically in the hands of the people. This power to depose, though seldom exercised, was vital in the gentile organization. Montezuma was no exception to the rule. It required time to reach this result from the peculiar circumstances of the case, for a good reason was necessary. When Montezuma allowed himself, through intimidation, to be conducted from his place of residence to the quarters of Cortes where he was placed under confinement, the Aztecs were paralyzed for a time for the want of a military commander. The Spaniards had possession both of the man and of his office.[228] They waited some weeks, hoping the Spaniards would retire; but when they found the latter intended to remain they met the necessity, as there are sufficient reasons for believing, by deposing Montezuma for want of resolution, and elected his brother to fill his place. Immediately thereafter they assaulted the Spanish quarters with great fury, and finally succeeded in driving them from their pueblo. This conclusion respecting the deposition of Montezuma is fully warranted by Herrera’s statement of the facts. After the assault commenced, Cortes, observing the Aztecs obeying a new commander, at once suspected the truth of the matter, and “sent Marina to ask Montezuma whether he thought they had put the government into his hands,”[229] i. e., the hands of the new commander. Montezuma is said to have replied “that they would not presume to choose a king in Mexico whilst he was living.”[230] He then went upon the roof of the house and addressed his countrymen, saying among other things, “that he had been informed they had chosen another king because he was confined and loved the Spaniards;” to which he received the following ungracious reply from an Aztec warrior: “Hold your peace, you effeminate scoundrel, born to weave and spin; these dogs keep you a prisoner, you are a coward.”[231] Then they discharged arrows upon him and stoned him, from the effects of which and from deep humiliation he shortly afterwards died. The war-chief in the command of the Aztecs in this assault was Cuitlahua, the brother of Montezuma and his successor.[232]
Respecting the functions of this office very little satisfactory information can be derived from the Spanish writers. There is no reason for supposing that Montezuma possessed any power over the civil affairs of the Aztecs. Moreover, every presumption is against it. In military affairs when in the field he had the powers of a general; but military movements were probably decided upon by the council. It is an interesting fact to be noticed that the functions of a priest were attached to the office of principal war-chief, and, as it is claimed, those of a judge.[233] The early appearance of these functions in the natural growth of the military office will be referred to again in connection with that of basileus. Although the government was of two powers it is probable that the council was supreme, in case of a conflict of authority, over civil and military affairs. It should be remembered that the council of chiefs was the oldest in time, and possessed a solid basis of power in the needs of society and in the representative character of the office of chief.
The tenure of the office of principal war-chief and the presence of a council with power to depose from office, tend to show that the institutions of the Aztecs were essentially democratical. The elective principle with respect to war-chief, and which we must suppose existed with respect to sachem and chief, and the presence of a council of chiefs, determine the material fact. A pure democracy of the Athenian type was unknown in the Lower, in the Middle, or even in the Upper Status of barbarism; but it is very important to know whether the institutions of a people are essentially democratical, or essentially monarchical, when we seek to understand them. Institutions of the former kind are separated nearly as widely from those of the latter, as democracy is from monarchy. Without ascertaining the unit of their social system, if organized in gentes as they probably were, and without gaining a knowledge of the system that did exist, the Spanish writers boldly invented for the Aztecs an absolute monarchy with high feudal characteristics, and have succeeded in placing it in history. This misconception has stood, through American indolence, quite as long as it deserves to stand. The Aztec organization presented itself plainly to the Spaniards as a league or confederacy of tribes. Nothing but the grossest perversion of obvious facts could have enabled the Spanish writers to fabricate the Aztec monarchy out of a democratic organization.
Theoretically, the Aztecs, Tezcucans and Tlacopans should severally have had a head-sachem to represent the tribe in civil affairs when the council of chiefs was not in session, and to take the initiative in preparing its work. There are traces of such an officer among the Aztecs in the Ziahuacatl, who is sometimes called the second chief, as the war-chief is called the first. But the accessible information respecting this office is too limited to warrant a discussion of the subject.