II The exclusive possession of a dialect

III The right to invest sachems and chiefs elected by the gentes.

IV The right to depose these sachems and chiefs

V The possession of a religious faith and worship

VI A supreme government consisting of a council of chiefs

VII A head-chief of the tribe in some instances

For a discussion of these characteristics of a tribe, reference is made to Ancient Society, pp. 113-118.

The growth of the idea of government commenced with the organization into gentes in savagery. It reveals three great stages of progressive development between its commencement and the institution of political society after civilization had been attained. The first stage was the government of a tribe by a council of chiefs elected by the gentes. It may be called a government of one power, namely the council. It prevailed generally among tribes in the Lower Status of barbarism. The second stage was a government co-ordinated between a council of chiefs and a general military commander, one representing the civil and the other the military functions. This second form began to manifest itself in the Lower Status of barbarism after confederacies were formed, and it became definite in the Middle Status. The office of general, or principal military commander, was the germ of that of a chief executive magistrate, the king, the emperor, and the president. It may be called a government of two powers, namely, the council of chiefs and the general. The third stage was the government of a people or nation by a council of chiefs an assembly of the people, and a general military commander. It appeared among the tribes who had attained to the Upper Status of barbarism, such, for example, as the Homeric Greeks and the Italian tribes of the period of Romulus. A Large increase in the number of people united in a nation, their establishment in walled cities, and the creation of wealth in lands and in flocks and herds, brought in the assembly of the people as an instrument of government. The council of chiefs, which still remained, found it necessary, no doubt, through popular constraint, to submit the most important public measures to an assembly of the people for acceptance or rejection; whence the popular assembly. This assembly did not originate measures. It was its function to adopt or reject, and its action was final. From its first appearance it became a permanent power in the government. The council no longer passed important public measures, but became a preconsidering council, with power to originate and mature public acts to which the assembly alone could give validity. It may be called a government of three powers, namely, the preconsidering council, the assembly of the people, and the general. This remained until the institution of political society, when, for example, among the Athenians, the council of chiefs became the senate, and the assembly of the people the ecclesia or popular assembly. The same organizations have come down to modern times in the two houses of Parliament, of Congress, and of legislatures. In like manner the office of general military commander, as before stated, was the germ of the office of the modern chief executive magistrate.

Recurring to the tribe, it was limited in the numbers of the people, feeble in strength, and poor in resources; but yet a completely organized society. It illustrates the condition of mankind in the Lower Status of barbarism. In the Middle Status there was a sensible increase of numbers in a tribe, and an improved condition, but with a continuance of gentile society without essential change. Political society was still impossible from want of advancement. The gentes organized into tribes remained as before, but confederacies must have been more frequent. In some areas, as in the Valley of Mexico, large numbers were developed under a common government, with improvements in the arts of life, but no evidence exists of the overthrow among them of gentile society and the substitution of political. It is impossible to found a political society or a state upon gentes. A state must rest upon territory and not upon persons, upon the township as the unit of a political system, and not upon the gens, which is the unit of a social system. It required time and a vast experience, beyond that of the American Indian tribes, as a preparation for such a fundamental change of systems. It also required men of the mental stature of the Greeks and Romans, and with the experience derived from a long chain of ancestors, to devise and gradually introduce that new plan of government under which civilized nations are living at the present time.

THE CONFEDERACY OF TRIBES