CHAPTER IV.

USAGES AND CUSTOMS WITH RESPECT TO LANDS AND TO FOOD

THE OWNERSHIP OF LANDS IN COMMON.

Among the Iroquois the tribal domain was held and owned by the tribe

in common. Individual ownership, with the right to sell and convey

in fee-simple to any other person, was entirely unknown among them.

It required the experience and development of the two succeeding

ethnical periods to bring mankind to such a knowledge of property in

land as its individual ownership with the power of alienation in

fee-simple implies. No person in Indian life could obtain the

absolute title to land, since it was vested by custom in the tribe

as one body; and they had no conception of what is implied by a

legal title in severalty with power to sell and convey the fee. But

he could reduce unoccupied land to possession by cultivation, and so

long as he thus used it he had a possessory right to its enjoyment

which would be recognized and respected by his tribe. Gardens

planting-lots, apartments in a long-house, and, at a later day,

orchards of fruit were thus held by persons and by families. Such

possessory right was all that was needed for their full enjoyment

and for the protection of their interest in them. A person might

transfer or donate his rights to other persons of the same tribe,

and they also passed by inherence, under established customs, to his

gentile kin. This was substantially the Indian system in respect to

the ownership of lands and apartments in houses among the Indian

tribes within the areas of the United States and British America in

the Lower Status of barbarism. In later times, when the State or

National Government acquired Indian lands and made compensation

therefor, payment for the lands went to the tribe, and for

improvements to the individual who had the possessory right. At the

Tonawanda Reservation of the Seneca-Iroquois, a portion of the lands

are divided into separate farms, which are fenced and occupied in

severalty, while the remainder are owned by the tribe in common.

When a young man marries and has no land on which to subsist, the

chiefs may allot him a portion of these reserved lands. The title to

all these lands, occupied and unoccupied, remains in the tribe in

common. Individuals may sell or rent their possessory rights to each

other, or rent them to a white man. No white man can now acquire a

title from an Indian to Indian lands in any part of the United States.

A person could transfer his possessions to another, but apartments

in a house must remain to his gentile kindred. In the time of James

II the right to acquire lands was vested in the Crown exclusively as

a royal prerogative, to which prerogative our State and National

Governments succeeded.

The same usages prevail on the Tuscarora Reservation, near the

Niagara River, where this Iroquois tribe owns in common about 8,000

acres of fine agricultural land in one body. A part of this

reservation has long been parceled out to individuals in small farms,

fenced, and cultivated by the possessors. The remainder is

unparceled and under the control of the chiefs. The people are

allowed to remove from the wood-land of the reserve the dead wood

and litter but are not permitted to touch the standing timber. When

a young man marries, if he has no land the chiefs allot him forty

acres to cultivate for his subsistence; but, before giving him

possession, the lot is first open to all the tribe to cut off the

timber for fire-wood. Thus the double object is gained of supplying

the people with fire-wood and of clearing the land for cultivation

for the new family. These possessory rights pass by inheritance to

the recognized heirs. A person may transfer or rent his possession

to another person; he may rent to a white man, but in no case can he

sell to a white man.

And here I may be allowed a brief digression, to notice a recent

opinion of the late Secretary of the Interior, Hon. Carl Schurz,

shared in to some extent by the National Government, in relation to

the division of our Indian reservations into lots or tracts, and

their conveyance in severalty to the Indians themselves, with power

of alienation to white men after a short period, say twenty-five

years. It is to be hoped that this policy will never be adopted by

any National Administration, as it is fraught with nothing but

mischief to the Indian tribes. The Indian is still, as he always has

been, and will remain for many years to come, entirely incapable of

meeting the white man, with safety to himself, in the field of trade

and of resisting the arts and inducements which would be brought to

bear upon him. He is incapable of steadily attaching that value to

the ownership of land which its importance deserves, or of knowing

how far the best interests of himself and family are involved in its

continued possession. The result of individual Indian ownership,

with power to sell, would unquestionably be, that in a very short

time he would divest himself of every foot of land and fall into

poverty. The case of the Shawnee tribe of Kansas affords a perfect

illustration of this pernicious policy. The Shawnees were removed to

Kansas under the Jackson policy, so called, and occupied a splendid

reservation on the Kansas River, where they were told they were to

make their home forever. But after a few years of undisturbed

possession, our people, in the natural flow of population, reached

Kansas, where they found the Shawnees in possession of the best part

of what has since been the State of Kansas. Our people at once

wanted these Indian lands, and they determined to root out the

Shawnees in the interest of civilization and progress. They

accomplished this result in the most speedy and scientific manner,

using as their proposed lever this identical plan since adopted by

Mr. Schurz. First, the government was induced to re-purchase a part

of the reservation on the ground that they had more land than they

needed for cultivation; and, secondly, the government induced the

Indians to have the remainder divided up into farms and conveyed to

heads of families in severalty, with power of alienation. In 1859,

when this scheme was being worked out, I visited Kansas, and found

the Shawnee's cultivating and improving their farms, some of which

embraced a thousand acres, and owning them, too, like other farmers.

When next in Kansas, ten years later, the work was done. There was

not a Shawnee in Kansas, but American farmers were in possession of

all these lands. It was this individual ownership with power to sell

that had done the work.

In managing the affairs of our Indian tribes, we must apply a little

common sense to their condition. In their brains they are in the

same stage of growth and development with our remote forefathers

when they learned to domesticate animals, and, came to rely upon a

meat and milk subsistence. The next condition of advancement at

which the Indian would naturally reach is the pastoral, the raising

of flocks and herds of domestic animals. The Indian has taught

himself to raise the horse in herds, and some of the tribes raise

sheep and goats. A few of them raise cattle. If the government could

assist them in this until they were started, they would soon become

expert herdsmen; would make a proper use of the unoccupied prairie

area in the interior of the continent as well as of the reservations,

and would become prosperous and abundant in their resources.

Among the sedentary Village Indians of New Mexico, who were in the

Middle Status of barbarism, the land system is much the same in

principle, but with special usages adapted to a more advanced

condition. At Taos, the pueblo lands are held under a Spanish grant

of 1689, covering four Spanish square leagues. This grant was

afterward confirmed, as I am informed by David J. Miller, esq., of

the surveyor-general's office at Santa Fe, by letters patent of the

United States. It is, of course, to the Taos Indians in common as a

tribe, and without the power of alienation except among themselves.

These lands have been allotted from time to time to individuals, and

held in severalty for cultivation; but these allotments, so to call

them, are verbal, and the rights of persons to their possession are

settled and adjusted by the chiefs in case of disputes. Mr. Miller

wrote me from Taos, under date of December 5, 1877, that "A

land-owner cannot, under any circumstance, sell to any but a Pueblo

Indian, and one of this (Taos) pueblo. If he should do so he would

be banished the pueblo, and the sale be treated as void." There is

an instance now in this pueblo of a San Juan Indian man married here,

but he is not allowed to acquire land in the pueblo premises. His

wife has lands which he cultivates. A piece of land belonging to a

man may or may not be utilized by him, but it is recognized and

treated as his in fee until he sell it or dies. If a lad grows up

and marries, and his father or father-in-law has no land to give him,

he may purchase in the pueblo, or the pueblo may assign him land,

whereby the title in fee as private property remains in him until he

sells or dies. When he dies it is divided equally among widow and

children. If the children are small, his brother or other relatives

cultivate the land for them until they can do it for themselves; but

the right of property is in the children. When a piece of land is

sold it is done in the presence of witnesses, if it is so desired.

Oftener the sale and transfer are made by and between the parties

themselves. No documents are used. This is so in all the pueblos.

The rules and customs in the sale and delivery of rooms in a house

and of personal property, such as animals, are the same. There is no

preference, as to males or females, in the descent of property

rights and titles. There is a corn-field at each pueblo, cultivated

by all in common, and when grain is scarce the poor take from this

store after it is housed. It is in the charge of, and at the

disposal of, the cacique (called the governor). Land cannot be sold

to an alien; but an Indian coming from another pueblo to live at

this may acquire land to subsist upon, though such immigration is

rare. It is not allowed at any of the pueblos that a white person

acquire property therein. An Indian woman is not allowed to marry a

Mexican and live at the pueblo. A piece of land held and recognized

as belonging to a person is his property, whether he utilizes it or

not, and he may sell or donate it absolutely at his will to persons

within the community.

"At Jemes and Zia (other pueblos in New Mexico), when a woman dies

her property goes into the control of her husband; if a widow, it

descends to her children; if she has no children, it goes to her

brothers and sisters equally; and if none survive her, then to her

nearest relatives; if she has no relatives, then to such friends as

attend her in her last illness. It never reverts to the pueblo,

which as a corporate community owns no land."

What Mr. Miller refers to as property rights and titles, and

ownership in fee of land, is sufficiently explained by the

possessory right found among the Northern tribes. The limitations

upon its alienation to an Indian from another pueblo or to a white

man, not to lay any stress upon the absence of written conveyances

of titles made possible by Spanish and American intercourse, show

quite plainly that their ideas respecting the ownership of the

ultimate title to land, with power to alienate in fee, were entirely

below this conception of property in land. The more important ends

of individual ownership were obtained through the possessory right,

while the ultimate title remained in the tribe for the protection of

all. That the pueblo now owns no land, as Mr. Miller states, must

be understood to mean that all the lands of the original grant have

been parcelled out. The further statement of Mr. Miller, that if a

father dies his land is divided between his widow and children, and

that if a mother dies, leaving no husband, her land is divided

equally between her sons and daughters, is important, because it

shows an inheritance by the children from both father and mother, a

total departure from the principles of gentile inheritance. While

visiting the Taos pueblo in the summer of 1878 I was unable to find

among them the gentile organization, and from lack of sufficient

time could not inquire into their rules of descent and inheritance.

My friend, Mr. Ad. F. Bandelier, now recognized as our most eminent

scholar in Spanish American history, has recently investigated the

subject of the tenure of lands among the ancient Mexicans with great

thoroughness of research. The results are contained in an essay

published in the Eleventh Annual Report of the Peabody Museum of

Archaeology and Ethnology, p. 385 (Cambridge, 1878). It gives me

great pleasure to incorporate verbatim in this chapter, and with his

permission, so much of this essay as relates to the kinds or classes

of land recognized among them, the manner in which they were held,

and his general conclusions.

In the pueblo of Mexico (Tenochtitlan), he remarks, "Four quarters

had been formed by the localizing of four relationships composing

them respectively, and it is expressly stated that each one might

build in its quarter (barrio) as it liked." [Footnote: Duran (Cap V p.

42), Acosta (Lib. VII, cap. VII, p. 467), Herrera (Dec. III, Lib. II,

cap. XI, p. 61).]

The term for these relationships, in the Nahuatl tongue, and used

among all the tribes speaking it was 'calpulli.' It is also used to

designate a great hall or house and we may therefore infer that,

originally at least, all the members of one kinship dwelt under one

common roof.

[Transcriber's Note: Lengthy footnote 1 relocated to chapter end.]

The ground thus occupied by the 'calpulli' was NOT, as Torquemada

admits, assigned to it by a higher power; the tribal government

itself held NO DOMAIN which it might apportion among subdivisions or

to individuals, either gratuitously or on condition of certain

prestations, or barter against a consideration. [Footnote: The

division into "quarters" is everywhere represented as resulting from

common consent. But nowhere is it stated that the tribal government

or authority assigned locations to any of its fractions. This is

only attributed to the chiefs, on the supposition that they,

although elective, were still hereditary monarchs.]

The tribal territory was distributed, at the time of its occupancy,

into possessory rights held by the KINDRED GROUPS AS SUCH, by common

and tacit consent, as resulting naturally from their organization

and state of culture.

[Transcriber's Note: Lengthy footnote 2 relocated to chapter end.]

The patches of solid ground, on which these 'quarters' settled, were

gradually built over with dwellings, first made out of canes and

reeds, and latterly, as their means increased, of turf, 'adobe', and

light stone. These houses were of large size, since it is stated

that even at the time of the conquest 'there were seldom less than

two, four, and six dwellers in one house; thus there were infinite

people (in the pueblo) since, as there was no other way of providing

for them, many aggregated together as they might please.' Communal

living, as the idea of the 'calpulli' implies, seems, therefore, to

have prevailed among the Mexicans as late as the period of their

greatest power.

[Transcriber's Note: Lengthy footnote 3 relocated to chapter end.]

"The soil built over by each 'calpulli' probably remained for some

time the only solid expanse held by the Mexicans. Gradually, however,

the necessity was felt for an increase of this soil. Remaining

unmolested 'in the midst of canes and reeds,' their numbers had

augmented, and for residence as well as for food a greater area was

needed. Fishing and hunting no longer satisfied a people whose

original propensities were horticultural; they aspired to cultivate

the soil as they had once been accustomed to, and after the manner

of the kindred tribes surrounding them. For this purpose they began

throwing up little artificial garden beds, 'chinampas,' on which

they planted Indian corn and perhaps some other vegetables. Such

plots are still found as 'floating gardens,' in the vicinity of the

present city of Mexico and they are described as follows by a

traveler of this century:

"They are artificial gardens about fifty or sixty yards long, and

not more than four or five wide. They are separated by ditches of

three or four yards, and are made by taking the soil from the

intervening ditch and throwing it on the chinampa, by which means

the ground is raised generally about a yard, and thus forms a small

fertile garden, covered with the finest culinary vegetables, fruits,

and flowers...."

"Each consanguine relationship thus gradually surrounded the surface

on which it dwelt with a number of garden plots sufficient to the

wants of its members. The aggregate area thereof, including the

abodes, formed the 'calpullalli'--soil of the 'calpulli'--and was

held by it as a unit; the single tracts, however, being tilled and

used for the benefit of the single families. The mode of tenure of

land among the Mexicans at that period was therefore very simple.

The tribe claimed its territory, 'altephetlalli,' an undefined

expanse over which it might extend--the 'calpules,' however, held

and possessed within that territory such portions of it as were

productive; each 'calpulli' being sovereign within its limits, and

assigning to its individual members for their use the minor tracts

into which the soil was parcelled in consequence of their mode of

cultivation. If, therefore, the terms 'altepetlalli' and

'calpulalli' are occasionally regarded as identical, it is because

the former indicates the occupancy, the latter the distribution of

the soil. We thus recognize in the calpulli, or kindred group, the

unit of tenure of whatever soil the Mexicans deemed worthy of

definite possession. Further on we shall investigate how far

individuals, as members of this communal unit, participated in the

aggregate tenure." [Footnote: Alonzo de Zurita (p. 51).

Ixtlilxochitl ("Hist. des Chichim," cap. XXXV, p. 242). Torquemada

(Lib. XIV, cap. VII, p. 545). Bustamante ("Tezcoco en los ultimos

Tiempos de sus antiguas Reyes" p 232).]

"In the course of time, as the population further increased,

segmentation occurred within the four original 'quarters,' new

'calpulli' being formed."

[Transcriber's Note: Lengthy footnote 4 relocated to chapter end.]

For governmental purposes this segmentation produced a new result by

leaving, more particularly in military affairs, the first four

clusters as great subdivisions. [Footnote: "Art of War, etc.," pp.

115 and 120.]

But these, as soon as they had disaggregated, ceased to be any

longer units of territorial possession, their original areas being

held thereafter by the 'minor quarters' (as Herrera, for instance,

calls them), who exercised, each one within its limits, the same

sovereignty which the original 'calpulli' formerly held over the

whole.

[Transcriber's Note: Lengthy footnote 5 relocated to chapter end.]

A further consequence of this disaggregation was (by removing the

tribal council farther from the calpules) the necessity for an

official building, exclusively devoted to the business of the whole

tribe alone.

[Transcriber's Note: Lengthy footnote 6 relocated to chapter end.]

This building was the 'teepan' called, even by Torquemada, 'house of

the community'; it was, therefore, since the council of chiefs was

the highest authority in the government, the 'council house' proper.

It was erected near the center of the 'pueblo,' and fronting the

open space reserved for public celebrations. But, whereas formerly

occasional, gradually merging into regular, meetings of the chiefs

were sufficient, constant daily attendance at the 'teepan' became

required, even to such an extent that a permanent residence of the

head-chief there resulted from it and was one of the duties of the

office. Consequently the 'tlacatecuhtli, his family, and such

assistants as he needed (like runners), dwelt at the 'official house.'

But this occupancy was in no manner connected with a possessory

right by the occupant, whose family relinquished the abode as soon

as the time of office expired through death of its incumbent. The

'teepan' was occupied by the head war-chiefs only as long as they

exercised the functions of that office. [Footnote: Nearly every

author who attempts to describe minutely the "chief-house" (teepan)

mentions it as containing great halls (council-rooms). See the

description of the teepan of Tezcuco by Ixtlilxochitl ("Hist. des

Chichimbuques," cap. XXXVI, p. 247)]

"Of those tracts whose products were exclusively applied to the

governmental needs of the pueblo or tribe itself (taken as an

independent unit) there were, as we have already seen, two

particular classes:

"The first was the 'teepan-tlalli,' land of the house of the

community, whose crops were applied to the sustenance of such as

employed themselves in the construction, ornamentation, and repairs

of the public house. Of these there were sometimes several within

the tribal area. They were tilled in common by special families who

resided on them, using the crops in compensation for the work they

performed on the official buildings.

"The second class was called 'tlatoca-tlalli,' land of the speakers.

Of these there was but one tract in each tribe, which was to be

'four hundred of their measures long on each side, each measure

being equal to three Castilian rods."

[Footnote: Ixtlilxochitl ("Hist. des Chichim," cap. XXXV, p. 242).

Vedia (Lib. III, cap. VI, p. 195). "This had to be four hundred of

their measures in square ('encuadro,' each side long), each one of

these being equal to three Castilian rods".... See "Art of War"

(p. 944, note 183). "The rod" (vara) is equal to 2.78209 feet

English (Guyot).]

The crops raised on such went exclusively to the requirements of the

household at the 'teepan,' comprising the head-chief and his family

with the assistants. The tract was worked in turn by the other

members of the tribe, and it remained always public ground, reserved

for the same purposes. [Footnote: Veytia (Lib. III, cap. VI, p. 195).

It is superfluous to revert to the erroneous impression that the

chiefs might dispose of it.]

Both of these kinds were often comprised in one, and it is even not

improbable that the first one may have been but a variety of the

general tribute-lands devoted to the benefit of the conquering

confederates. Still the evidence on this point is too indefinite to

warrant such an assumption.

While the crops raised on the 'teepan-tlalli,' as well as on the

'tlatoca-tlalli,' were consumed exclusively by the official houses

and households of the tribe, the soil itself which produced these

crops was neither claimed nor possessed by the chiefs themselves or

their descendants. It was simply, as far as its products were

concerned, official soil.

[Transcriber's Note: Lengthy footnote 7 relocated to chapter end.]

The establishing and maintaining of these areal subdivisions was

very simple with the tribes of the mainland, since they all

possessed ample territories for their wants and for the requirements

of their organizations. Their soil formed a contiguous unit. It was

not so, however, with the Mexicans proper. With all their industry

in adding artificial sod to the patch on which they had originally

settled, the solid surface was eventually much too small for their

numbers, and they themselves put an efficient stop to further growth

thereof by converting, as we have seen elsewhere, for the purpose of

defence, their marshy surroundings into water-sheets, through the

construction of extensive causeways. [Footnote: "Art of War" (pp.

150 and 151). L. H. Morgan ("Ancient Society," Part II, cap. VII, pp.

190 and 191)].

While the remnants of the original 'teepantlalli' and of the

'tlatocatlalli' still remained visible in the gardens, represented

to us as purely ornamental, which dotted the pueblo of Mexico, the

substantial elements wherewith to fulfill a purpose for which they

were no longer adequate had, in course of time, to be drawn from the

mainland. But it was not feasible, from the nature of tribal

condition, to extend thither by colonization. The soil was held

there by other tribes, whom the Mexicans might well overpower and

render tributary, but whom they could not incorporate, since the

kinships composing these tribes could not be fused with their own.

Outposts, however, were established on the shores, at the outlets of

the dykes, at Tepeyacac on the north, at Iztapalapan, Mexicaltzinco,

and at Huitzilopocheo to the south, but these were only military

positions, and beyond them the territory proper of the Mexicans

never extended.

[Footnote: Humboldt ("Essai politique sur la Nouvelle Espagne," Vol.

II, Lib. III, cap. VIII, p. 50): Nearly all the old authors describe

the pueblo buildings as surrounded by pleasure-grounds or ornamental

gardens. It is very striking that, the pueblo having been founded in

1325, and nearly a century having been spent in adding sufficient

artificial soil to the originally small solid expanse settled, the

Mexicans could have been ready so soon to establish purely

decorative parks within an area, every inch of which was valuable to

them for subsistence alone!]

[Footnote: The Mexican tribe proper clustered extensively within the

pueblo of Tenuchtitlan. The settlements at Iztapalapan,

Huntzilopocheo, and Mexicaltzinco were but military stations--

outworks, guarding the issues of the causeways to the South.

Tepeyacac (Guadalupe Hidalgo) was a similar position--unimportant as

to population--in the north. Chapultepec was a sacred spot, not

inhabited by any number of people and only held by the Mexicans for

burial purposes, and on account of the springs furnishing fresh

water to their pueblo.]

Tribute, therefore, had to furnish the means for sustaining their

governmental requirements in the matter of food, and the tribute

lands had to be distributed and divided, so as to correspond

minutely to the details of their home organization. For this reason

we see, after the overthrow of the Tecpanecas, lands assigned

apparently to the head war-chiefs, to the military chiefs of the

quarters, 'from which to derive some revenue for their maintenance

and that of their children.' [Footnote: Tezozomoc (Cap. XV, p. 24)1]

These tracts were but 'official tracts,' and they were apart from

those reserved for the special use of the kinships. The latter may

have furnished that general tribute which, although given nominally

to the head war-chief, still was 'for all the Mexicans in common.'

The various classes of lands which we have mentioned were, as far as

their tenure is concerned, included in the 'calpulalli' or lands of

the kinships. Since the kin, or 'calpulli,' was the unit of

governmental organization, it also was the unit of landed tenure.

Clavigero says: 'The lands called altepetlalli, that is, those who

belonged to the communities of the towns and villages, were divided

into as many parts as there were quarters in a town, and each

quarter held its own for itself, and without the least connection

with the rest. Such lands could in no manner be alienated.'

[Footnote: "Storia del Messico" (Lib. VII, cap. XVI).] These

'quarters' were the 'calpulli'; hence it follows that the

consanguine groups held the altepetlalli or soil of the tribe.

"We have, therefore, in Mexico the identical mode of the tenure of

lands which Polo de Ondogardo had noted in Peru and reported to the

King of Spain, as follows.... 'Although the crops and other produce

of these lands were devoted to the tribute, the land itself belonged

to the people themselves. Hence a thing will be apparent which has

not hitherto been properly understood. When any one wants land, it

is considered sufficient if it can be shown that it belonged to the

Inca or to the sun. But in this the Indians are treated with great

injustice; for in those days they paid the tribute, and the land was

theirs."

[Footnote: "Narratives of the Rites and Laws of the Yncas,

translated from the original Spanish manuscripts, and edited by

Clement R. Markham." Publication of the "Hackluyt Society," 1873.

"Report of Polo de Ondegardo," who was "Regidor" of Cuzco in 1560,

and a very important authority (see Prescott, "History of the

Conquest of Peru," note to Book I, cap. V). Confirmed by Garcia

("El Origen de los Indios," Lib. IV, cap, XVI, p. 162).] ...

"The expanse held and occupied by the calpulli, and therefore called

'calpulalli' was possessed by the kin in joint tenure. It could

neither be alienated nor sold; in fact, there is no trace of barter

or sale of land previous to the conquest."

[Transcriber's Note: Lengthy footnote 8 relocated to chapter end.]

[Transcriber's Note: Lengthy footnote 9 relocated to chapter end.]

If, however, any calpulli weakened, through loss of numbers from any

cause whatever, it might farm out its area to another similar group,

deriving subsistence from the rent.

[Footnote: Zurita (p. 93): "In case of need it was permitted to farm

out the lands of a calpulli to the inhabitants of another quarter."

Herrera (Dec. III, lib. IV, cap, XV, p. 134): "They could be rented

out to another lineage."]

If the kinship died out, and its lands therefore became vacant, then

they were either added to those of another whose share was not

adequate for its wants or they were distributed among all the

remaining calpulli.' [Footnote: Zurita (p. 52): "When a family dies

out, its lands revert to the calpulli, and the chief distributes

them among such members of the quarter as are most in need of it."]

The calpulli was a democratic organization. Its business lay in the

hands of elective chiefs--'old men' promoted to that dignity, as we

intend to prove in a subsequent paper, for their merits and

experience, and after severe religious ordeals. These chiefs formed

the council of the kin or quarter, but their authority was not

absolute, since on all important occasions a general meeting of the

kindred was convened. [Footnote: Zurita (pp. 60, 61, 62). Ramirez de

Fuenleal ("Letter," etc., Ternaux-Compaus, p. 249).]

The council in turn selected an executive, the 'calpullec' or

'chinancallec,' who in war officiated as 'achcacauhtin' or

'teachcauhtin' (elder brother).

[Transcriber's Note: Lengthy footnote 10 relocated to chapter end.]

This office was for life or during good behavior. [Footnote: Zurita

(pp. 60 and 61). Herrera (Dec. III, Lib. IV, cap. XV, p. 125):

"I le elegian entre si y tenian por maior."]

It was one of his duties to keep a reckoning of the soil of the

calpulli, or 'calpulalli,' together with a record of its members,

and of the areas assigned to each family, and to note also whatever

changes occurred in their distribution.

[Transcriber's Note: Lengthy footnote 11 relocated to chapter end.]

Such changes, if unimportant, might be made by him; more important

ones, or contested cases, had to be referred to the council of the

kinship, which in turn often appealed to a gathering of the entire

quarter. [Footnote: Zurita "Rapport," etc., pp. 56 and 62. We quote

him in preference, since no other author known to us has been so

detailed.]

The 'calpulalli' was divided into lots or arable beds, 'tlalmilli'.

[Footnote: "Tlalmilli: tierras, a heredades de particulares, que

estan juntas en alguna vega" (Molina, Part IIa, p. 124).] These were

assigned each to one of the married males of the kinship, to be

worked by him for his use and that of his family. If one of these

lots remained unimproved for the term of two consecutive years, it

fell back to the quarter for redistribution. The same occurred if

the family enjoying its possession removed from the calpulli. But it

does not appear that the cultivation had always to be performed by

the holders of the tract themselves. The fact of improvement under

the name of a certain tenant was only required to insure this

tenant's rights.

[Transcriber's Note: Lengthy footnote 12 relocated to chapter end.]

Therefore the chiefs and their families, although they could not,

from the nature of their duties, till the land themselves, still

could remain entitled to their share of 'tlalmilpa' as members of

the calpulli. Such tracts were cultivated by others for their use.

They were called by the specific name of 'pillali' (lands of the

chiefs or of the children, from 'piltontli,' boy, or 'piltzintli',

child), and those who cultivated them carried the appellation of

'tlalmaitl'--hands of the soil.

[Transcriber's Note: Lengthy footnote 13 relocated to chapter end.]

The 'tlalmilpa,' whether held by chiefs or by ordinary members of

the kin ('macehuales'), were, therefore, the only tracts of land

possessed for use by individuals in ancient Mexico. They were so far

distinguished from the 'tecpantlalli' and 'tlatocatlalli' in their

mode of tenure as, whereas the latter two were dependent from a

certain office, the incumbent of which changed at each election, the

'tlalmilli' was assigned to a certain family, and its possession,

therefore, connected with customs of inheritance.

Being thus led to investigate the customs of Inheritance of the

ancient Mexicans, we have to premise here, that the personal effects

of a deceased can be but slightly considered. The rule was, in

general, that whatever a man held descended to his offspring.

[Transcriber's Note: Lengthy footnote 14 relocated to chapter end.]

Among most of the northern Indians a large cluster participated.

[Transcriber's Note: Lengthy footnote 15 relocated to chapter end.]

In conformity with the organization of society based upon kin, when

in the first stage of its development, the kindred group inherited,

and the common ancestor of this kin being considered a female, it

follows that if a man died, not his children, still less his wife,

but his mother's descendants, that is, his brothers, sisters, in

fact the entire consanguine relationship from which he derived on

his mother's side, were his heirs. [Footnote: "Ancient Society"

(Part II, cap. II, p. 75; Part IV, cap. I, pp. 528, 530, 531, 536,

and 537).] Such may have been the case even among the Muysca of New

Granada.

[Footnote: Gomara ("Historia de las Indios," Vedia I, p. 201).

Garcia ("Origen de los Indios," Lib. IV, cap. 23, p. 247).

Piedrahita (Parte 1, Lib. I, cap. 5, p. 27). Joaquin Acosta

("Compredio historico del Descumbrimiento y Colonisazion de la

Nueva-Granada," Cap. XI, p. 201). Ternaux-Compans ("L'ancien

Cundinamarca," pp. 21 and 38).]

It was different, however, in Mexico, where we meet with traces of a

decided progress. Not only had descent been changed to the male line,

[Footnote: Motolinia (Trat. II, cap. V, p. 120). Gomara (p. 434).

Clavigero (Lib. VII, cap XIII). Zurita (pp. 12 and 43).] but

heirship was limited, to the exclusion of the kin and of the agnates

themselves, to the children of the male sex.

[Transcriber's Note: Lengthy footnote 16 relocated to chapter end.]

Whatever personal effects a father left, which were not offered up

in sacrifice at the ceremonies of his funeral, they were distributed

among his male offsprings, and if there were none, they went to his

brothers. Females held nothing whatever, beyond their wearing

apparel and some few ornaments for personal use.

[Footnote: Motolinia (Trat. II, cap. V, p. 120). Torquemada (Lib.

XIII, cap. XLII to XLVIII, pp. 515 to 529). Acosta (Lib. V, cap. VIII,

pp. 320, 321, and 322). Gomara (pp. 436 and 437, Vedra, I). Mendieta

(Lib. II, cap. XL, pp. 162 and 163). Clavigero (Lib. VI, cap. XXXIX).

"They burnt the clothes, arrows, and a portion of household

utensils ... "]

The 'tlalmilli' itself, at the demise of a father, went to his

oldest son, with the obligation to improve it for the benefit of the

entire family until the other children had been disposed of by

marriage.

[Footnote: Gomara ("Conq. de Mejico", p. 434): "It is customary

among tributary classes that the oldest son shall inherit the

father's property, real and personal, and shall maintain and support

all the brothers and nephews, provided they do what he commands

them. The reason why they do not partition the estates is in order

not to decrease it through such a partition...." Simancas M. S. S.

("Recueil," etc., etc., p. 224): "Relative to the calpulalli ... the

sons mostly inherited."]

But the other males could apply to the chief of the calpulli for a

'tlalmilli' of their own; the females went with their husbands.

Single blessedness, among the Mexicans, appears to have occurred

only in case of religious vows, and in which case they fell back for

subsistence upon the part allotted to worship, or in case of great

infirmities, for which the calpulli provided.

[Footnote: Zurita (p. 55): "He who has no land applies to the chief

of the tribe (calpulli), who, upon the advice of the other old men,

assigns to him a tract suitable for his wants, and corresponding to

his abilities and to his strength." Herrera (Dec. III, Lib. IV, cap.

XV, p. 135).]

[Footnote: Such unmarried females were the "nuns" frequently

mentioned by the old writers. We shall have occasion to investigate

the point in our paper on "The ancient Mexican priesthood." As

attendants to worship, they participated in the tributes furnished

towards it by each calpulli, of which we have spoken.]

No mention is made of the widow participating in the products of the

'tlalmilli,' still it is presumable that she was one of those whom

the oldest son had to support. There are indications that the widow

could remarry, in which case her husband, of course, provided for her.

"The customs of Inheritance, as above reported, were the same with

chiefs as well as with the ordinary members of the tribe. Of the

personal effects very little remained, since the higher the office

was which the deceased had held, the more display was made at his

cremation, and consequently the more of his dresses, weapons, and

ornaments were burnt with the body. Of lands, the chiefs only held

each their 'tlalmilli' in the usual way, as members of their kin,

whereas the other 'official' lots went to the new incumbents of the

offices. It should always be borne in mind that none of these

offices were hereditary themselves. Still, a certain 'right of

succession' is generally admitted as having existed. Thus, with the

Tezcucans, the office of head war-chief might pass from father to son,

at Mexico from brother to brother, and from uncle to nephew."

[Footnote: Zurita (p. 12). Gomara (Vedia I, p. 434). Torquemada

(Lib. IX, cap. IV, p. 177; Lib. XI, cap. 27, p. 356, etc. etc.).]

[Footnote: This fact is too amply proven to need special references.

We reserve it for final discussion in our proposed paper on the

chiefs of the Mexicans, and the duties, powers and functions of

their office.]

This might, eventually, have tended to perpetuate the office in the

family, and with it also the possession of certain lands, attached

to that officer's functions and duties. But it is quite certain too

that this stage of development had not yet been reached by any of

the tribes of Mexico at the time of its conquest by the Spaniards.

The principal idea had not yet been developed, namely, that of the

domain, which, in eastern countries at least, gradually segregated

into individually hereditary tenures and ownerships.

"Out of the scanty remains thus left of certain features of

aboriginal life in ancient Mexico, as well as out of the conflicting

statements about that country's early history, we have now attempted

to reconstruct the conceptions of the Mexican aborigines about

tenure of lands, as well as their manner of distribution thereof.

Our inquiries seem to justify the following conclusions:

"1. The notion of abstract ownership of the soil, either by a nation

or state, or by the head of its government, or by individuals, was

unknown to the ancient Mexicans.

"2. Definite possessory right was vested in the kinships composing

the tribe; but the idea of sale, barter, or conveyance or alienation

of such by the kin had not been conceived.

"3. Individuals, whatever might be their position or office, without

any exception, held but the right to use certain defined lots for

their sustenance, which right, although hereditary in the male line,

was nevertheless limited to the conditions of residence within the

area held by the kin, and of cultivation either by or in the name of

him to whom the said lots were assigned.

"4. No possessory rights to land were attached to any office or

chieftaincy. As members of a kin, each chief had the use of a

certain lot, which he could rent or farm to others, for his benefit.

"5. For the requirements of tribal business, and of the governmental

features of the kinships (public hospitality included), certain

tracts were set apart as official lands, out of which the official

households were supplied and sustained; but these lands and their

products were totally independent from the persons or families of

the chiefs themselves.

"6. Conquest of any tribe by the Mexicans was not followed by an

annexation of that tribe's territory, nor by an apportionment of its

soil among the conquerors. Tribute was exacted, and, for the purpose

of raising that tribute (in part), special tracts were set off; the

crops of which were gathered for the storehouses of Mexico.

"7. Consequently, as our previous investigations (of the warlike

institutions and customs of the ancient Mexicans) have disproved the

generally received notion of a military despotism prevailing among

them, so the results of his review of Tenure and distribution of

lands tend to establish 'that the principle and institution of

feudality did not exist in aboriginal Mexico.'"

Among the Peruvians their land system was probably much the same as

among the ancient Mexicans. But according to Garcilapo de la Vega,

they had carried their system with respect to lands a little farther.

Their lands, he remarks, were "divided into three parts and applied

to different uses. The first was for the Sun, his priests and

ministers; the second was for the King, and for the support and

maintenance of his governors and officers.... And the third was for

the natives and sojourners of the provinces, which was divided

equally according to the needs which each family required."

[Footnote: Royal Commentaries of Peru, Lond. ed., 1688. Rycaut,

trans., p. 154.]

While these several statements may not present the exact case in all

respects in Peru, Mexico, or among the Northern Indian tribes, they

sufficiently indicate the ownership of land by communities of persons,

larger or smaller, with a system of tillage that points to large

households. Neither the Peruvians, nor the Aztecs, nor any Indian

tribe had attained to a knowledge of the ownership of land in

severalty in fee simple at the period of their discovery. This

knowledge belongs to the period of civilization. There is not the

slightest probability that any Indian, whether Iroquois, Mexican, or

Peruvian, owned a foot of land that he could call his own, with

power to sell and convey the same in fee simple to whomsoever he

pleased.

THE CUSTOM OF HAVING BUT ONE PREPARED MEAL EACH DAY--A DINNER--AND

THEIR SEPARATION AT MEALS, THE MEN EATING FIRST AND THE WOMEN AND

CHILDREN AFTERWARDS.

This was the usage among the Indian tribes in the Lower Status of

barbarism. In the Middle Status there seems to have been more method

and regularity of life, but no change in their customs with respect

to food, so marked in character that we are forced to recognize a

new plan of domestic life among them. The Iroquois had but one

cooked meal each day. It was as much as their resources and

organization for housekeeping could furnish, and was as much as they

needed. It was prepared and served usually before the noon-day hour,

ten or eleven o'clock, and may be called a dinner. At this time the

principal cooking for the day was done. After its division at the

kettle, among the members of the household, it was served warm to

each person in earthen or wooden bowls. They had neither tables, nor

chairs, nor plates, in our sense, nor any room in the nature of a

kitchen or a dining room, but ate each by himself, sitting or

standing, and where most convenient to the person. They also

separated as to the time of eating, the men eating first and by

themselves, and the women and children afterwards and by themselves.

That which remained was reserved for any member of the household

when hungry. Towards evening the women cooked hominy, the maize

having been pounded into bits the size of a kernel of rice, which

was boiled and put aside to be used cold as a lunch in the morning

or evening, and for the entertainment of visitors. They had neither

a formal breakfast nor a supper. Each person, when hungry, ate of

whatever food the house contained. They were moderate eaters. This

is a fair picture of Indian life in general in America, when

discovered. After intercourse commenced with whites, the Iroquois

gradually began to adopt our mode of life but very slowly. One of

the difficulties was to change the old usage and accustom themselves

to eat together. It came in by degrees, first with the breaking up

of the old plan of living together in numbers in the old long-houses,

and with the substitution of single houses for each family, which

ended communism and living in the large household, and substituted

the subsistence of a single family through individual effort. After

many years came the use of the table and chairs among the more

advanced families of the Iroquois tribes. There are still upon the

Iroquois reservations in this State many log homes or cabins with

but a single room on the ground floor and a loft above, with neither

a table or chair in their scanty furniture. A portion of them still

live very much in the old style, with perhaps two regular meals

daily instead of one. That they have made this much of change in the

course of two centuries must be accounted remarkable, for they have

been compelled, so to speak, to jump one entire ethnical period,

without the experience or training of so many intervening generations,

and without the brain-growth such a change of the plan of domestic

life implies, when reached through natural individual experience.

There is a tradition still current among the Seneca-Iroquois, if the

memory of so recent an occurrence may be called traditional, that

when the proposition that man and wife should eat together, which

was so contrary to immemorial usage, was first determined in the

affirmative, it was formally agreed that man and wife should sit

down together at the same dish and eat with the same ladle, the man

eating first and then the woman, and so alternately until the meal

was finished.

The testimony of such writers as have noticed the house-life of the

Indian tribes is not uniform in respect to the number of meals a day.

Thus Catlin remarks, "As I have before observed these men (the

Mandans) generally eat but twice a day, and many times not more than

once, and these meals are light and simple.... The North American

Indians, taking them in the aggregate, even when they have an

abundance to subsist on, eat less than any civilized population of

equal numbers that I have ever traveled among." [Footnote: North

American Indians, Philadelphia ed., 1857, i, 203.]

And Heckewelder, speaking of the Delawares and other tribes, says:

"They commonly make two meals every day, which they say is enough.

If any one should feel hungry between meal-times, there is generally

something in the house ready for him."

[Footnote: Indian Nations, 193.] Adair contents himself with stating

of the Chocta and Cherokee tribes that "they have no stated meal time."

[Footnote: History of the American Indian, Lond. ed., 1775, p. 17.]

There was doubtless some variation in different localities, and even

in the same household; but as a general rule, from what is known of

their mode of life, one prepared meal each day expresses very nearly

all the people in this condition of society can do for the

sustenance of mankind.

Although the sedentary Village Indians were one ethnical period in

advance of the Northern Indians, there can be but little doubt that

their mode of life in this respect was substantially the same. Among

the Aztecs or ancient Mexicans a dinner was provided about midday,

but we have no satisfactory account of a breakfast or a supper

habitually and regularly prepared. Civilization, with its

diversified industries, its multiplied products, and its monogamian

family, affords a breakfast and supper in addition to a dinner. It

is doubtful whether they are older than civilization; and even if

they can be definitely traced backward into the older period of

barbarism, there is little probability of their being found in the

Middle period. Clavigero attempts to invest the Aztecs with a

breakfast, but he was unable to find any evidence of a supper.

"After a few hours of labor in the morning," he observes, "they took

their breakfast, which was most commonly atolli, a gruel of maize,

and their dinner after midday; but among all the historians we can

find no mention of their supper." [Footnote: History of Mexico, ii,

262.]

The "gruel of maize" here mentioned as forming usually the Aztec

breakfast suggests the "hominy of the Iroquois," which, like it, was

not unlikely kept constantly prepared in every Mexican house as a

lunch for the hungry. Two meals each day are mentioned by other

Spanish authors, but as the Aztecs, as well as the tribes in Yucatan

and Central America, were ignorant of the use of tables and chairs

in eating their food, divided their food from the kettle, placing

the dinner of each person usually in a separate bowl, and separated

at their meals, the men eating first and by themselves, and the

women and children afterwards, this similarity of usage renders it

probable they were not far removed from the Iroquois in respect to

the time and manner of taking their food. Montezuma's dinner,

witnessed by Bernal-Diaz and others, and elaborately described by a

number of authors, shows that the Aztecs had a smoking hot dinner

each day, prepared regularly, and on a scale adequate to a large

household; that the dinner of each person was placed in one bowl,

and all these bowls to the number of several hundred were brought in

and set down together upon the floor of one room, where they were

taken up one by one by the male members of the household, and the

contents eaten sitting down upon the floor or standing in the open

court, as best suited them. The breakfast that preceded it, and the

supper that follows, are not mentioned, from which we infer that

there was neither a breakfast nor a supper for these inquisitive

observers to see. Neither is the subsequent dinner of the women and

children of the household mentioned, from which it may be inferred

that as the men ate their dinner first in a particular hall by

themselves, the women and children took their dinner later in

another hall, not seen by the Spaniards.

In the accounts of Montezuma's dinner a cook-house or kitchen is

mentioned, in which the dinner for the large household of the

"Tecpan" or "official house," so fully explained above by Mr.

Bandelier, was prepared. This kitchen, and the use of another room,

where the bowls containing the dinner of each person separately were

set down on the floor in a mass by themselves--an incipient

dining-room--make their first appearance in the Middle Status of

barbarism. But, as will be noticed, they are but rude realizations

of the kitchen and dining-room of civilized man. The pueblo houses

in Yucatan and Chiapas, now in ruins, are without chimneys, from

which it may be inferred that no cooking was done within them. At

Uxmal we recognize in the Governor's House, the Tecpan or

official-house, and in the House of the Nuns, and other structures

which formed the pueblo, the joint-tenement houses in which the body

of the tribe resided. If the truth of the matter is ever ascertained,

it will probably be found that the dinner for each household group,

consisting of several families, was prepared in a common cook-house

outside of the main structure, and that it was divided at the kettle

to the individuals of each household.

The separation of the sexes at their meals has been sufficiently

referred to among the Iroquois. Robertson states the usage as general.

"They must approach their lords with reverence; they must regard

them as more exalted beings, and are not permitted to eat in their

presence." [Footnote: History of America, New York ed., 1856, 178.]

Catlin the same: "These women, however, although graceful and civil,

and ever so beautiful, or ever so hungry, are not allowed to sit in

the same group with the men while at their meals. So far as I have

yet traveled in the Indian country, I have never seen an Indian

woman eating with her husband. Men form the first group at the

banquet, and women and children and dogs all come together at the

next." [Footnote: North American Indians, i, 202.] And Adair

"for the men feast by themselves and the women eat the remains."

[Footnote: History of the American Indians, p. 140.]

Herrera remarks that "the woman of Yucatan are rather larger than

the Spanish and generally have good faces ... but they would

formerly be drunk at their festivals, though they did eat apart."

[Footnote: History of America, iv, 175.] And Sahagun, speaking

of the ceremony of baptism among the Aztecs, observes that "to

the women, who ate apart, they did not give cacao to drink."

[Footnote: Historia General, lib. iv, 36]

With these general references to the universality of the practice on

the part of the men of eating first, and leaving the women and

children to come afterwards, according to the manners of barbarism,

we leave the subject.

[Relocated Footnote 1: Torquemada (Lib. II, cap. LXVIII, p. 194)

"Estaba de ordinario, recogido en una grande Sala (el calpul)."

(Lib. III, cap. XXVII, p. 305. Lib. IV, cap. XIX, p. 396) (que asi

llaman las Salas grandes de Comunidad, o de Cabildo). We find, under

the corrupted name of "galpon," the "calpulli" in Nicaragua among

the Niquirans, which speak a dialect of the Mexican (Nahuatl)

language. See E. G. Squier ("Nicaragua," Vol. II, p. 342). "The

council-houses were called grepons, surrounded by broad corridors

called galpons, beneath which the arms were kept, protected by

a guard of young men". Mr. Squier evidently bases upon Oviedo

("Hist. general," Lib. XLII, cap. III, p. 52). "Esta casa de cabildo

llaman galpon...." It is another evidence in favor of our statements,

that the kinship formed the original unit of the tribe, and at the

same time a hint that, as in New Mexico, originally, an entire kin

inhabited a single large house. See Molina's Vocab. (p. 11).]

[Relocated Footnote 2: There is no evidence of any tribute or

prestation due by the quarters to the tribe. The custom always

remained, that the "calpulli" was sovereign within its limits. See

Alonzo de Zunta ("Rapport sur les differentes classes de chefs

de la Nouvelle-Espagne," pp. 51-65). Besides, Ixtlilxochitl says:

("Hist. des Chichim," cap. XXXV, p. 242), "Other fields were called

Calpolalli or Altepetlalli." Now calpulalli (from "calpulli,"

quarter or kinship, and "tlalli," soil), means soil of the kin,

and altepetalli ("altepetl," tribe), soil of the tribe. Clavigero

even says that the lands called "altepetlalli," belonging to the

communities "of the towns and villages, were divided into so many

parts as there were quarters in the town, each quarter having its own,

without the least connection with the other." (Lib. VII, cap. XIV.)

This indicates plainly that the kinships held the soil, whereas the

tribe occupied the territorial expanse. The domain, either as

pertaining to a "lord," or to a "state", was unknown among the

Indians in general. Even among the Peruvians, who were more advanced

than the Mexicans in that respect, there was no domain of the tribe.]

[Relocated Footnote 3: See Torquemada (Lib. II, cap. XI, and Lib. III,

cap. XXII). Duran (cap. V). The quotation is from Herrera (Dec. II,

Lib. VII, cap. XIII, p. 190), and is confirmed by Torquemada (Lib.

III, cap. XXIII, p. 291), and especially by Gomara ("Conquista de

Mejico," p. 443. Vedia, I.) "Many married people ('muchos casados')

live in one house, either on account of the brothers and relations

being together, as they do not divide their grounds ('heredades'),

or on account of the limited space of the pueblos; although the

pueblos are large, and even the houses." Peter Martyr of Angleria

("De Novo Orbe," translated by Richard Eden and Michael Lok, London,

1612, Dec. V, cap. X, p. 228), says: "But the common houses

themselves as high as a mannes Girdle, were also built of stone, by

reason of the swelling of the lake through the flood, or washing

float of the Ryvers falling into it. Upon those greate foundations,

they builded the reste of the house, with Bricke dryed, or burned in

the sunne, intermingled with Beames of Tymber, and the common houses

have but one floore or planchin." We are forcibly reminded here

of the houses of Itza on Lake Peten, which were found in 1695.

("Hist. de la Conq. de los Itzaex," Lib. VIII, cap. XII, p. 494.)

"It was all filled with houses, some with stone walls more than one

rod high, and higher up of wood, and the roofs of straw, and some

only of wood and straw. There lived in them all the Inhabitants of

the Island brutally together, one relationship occupying a single

house." See also the highly valuable Introduction to the second

Dialogue of Cervantes-Salazar ("Mexico in 1554") by my excellent

friend Sr. Icazbalceta (pp. 73 and 74).]

[Relocated Footnote 4: This successive formation of new "calpulli" is

nowhere explicitly stated, but it is implied by the passage of Duran

which we have already quoted (Cap. V, p. 42). It also results from

their military organization as described in the "Art of War" (p. 115).

With the increase of population, the original kinships necessarily

disaggregated further, as we have seen it to have occurred among the

Quiche (see "Popul-Vuh," quoted in our note 7), forming smaller

groups of consanguinei. After the successful war against the

Tecpanecas, of which we shall speak hereafter, we find at least

twenty chiefs, representing as many kins (Duran, cap. XI, p. 97),

besides three more, adopted then from those of Culhuscan (Id., pp.

98 and 99). This indicates an increase.]

[Relocated Footnote 5: Torquemada (Lib. III, cap. XXIV, p. 295):

"I confess it to be truth that this city of Mexico is divided into

four principal quarters, each one of which contains others, smaller

ones, included, and all, in common as well as in particular, have

their commanders and leaders...." Zurita ("Rapport," p. 58-64).

That the smaller subdivisions were those who held the soil, and not

the four original groups, must be inferred from the fact that the

ground was attached to the calpulli. Says Zurita (p. 51), "They

(the lands) do not belong to each inhabitant of the village, but to

the calpulli, which possesses them in common." On the other hand,

Torquemada states (Lib. XIV, cap. VII, p. 545), "That in each pueblo,

according to the number of people, there should be (were) clusters

('parcialidades') of diverse people and families.... These clusters

were distributed by calpules, which are quarters ('barrios'), and it

happened that one of the aforesaid clusters sometimes contained three,

four, and more calpules, according to the population of the place

('pueblo') or tribe." The same author further affirms: "These

quarters and streets were all assorted and leveled with so much

accuracy that those of one quarter or street could not take a palm

of land from those of another, and the same was with the streets,

their lots running (being scattered) all over the pueblo."

Consequently there were no communal lands allotted to the four great

quarters of Mexico as such, but each one of the kinships (calpules)

held its part of the original aggregate. Compare Gomara (Vedia, Vol.

I, "Conq. de Mejico," p. 434: "Among tributaries it is a custom, etc.,

etc." Also p. 440). Clavigero (Lib. VII, cap. XIV): "Each quarter

has its own tract, without the least connection with the others."]

[Relocated Footnote 6: Compare Duran (Cap XI, p. 87). Acosta (Lib.

VII, cap, XXXI, p. 470). It appears as if the "teepan" had not been

constructed previous to the middle of the 14th century, the meetings

of the tribe being previously called together by priests, and

probably in the open space around the main house of worship. The

fact of the priests calling the public meetings is proved by Duran

(Cap. IV, p. 42). Acosta (Lib. VII, cap. VII, p. 468). Veytia

(Lib. II, cap. XVIII, pp. 156,159. Cap. XXI, p. 186). Acosta first

mentions "unos palacios, aunque harto pobres." (Lib. VII, cap. 8,

p. 470), on the occasion of the election of the first regular

"tlacatecuhtli:" Acamapichtli--Torquemada says (Lib. XII, cap. XXII,

p. 290) that they lived in miserable huts of reeds and straw,

erected around the open space where the altar or place of worship

of Huitzilopochtli was built. The public building was certainly

their latest kind of construction.]

[Relocated Footnote 7: "Patronomial Estates" are mentioned

frequently, but the point is, where are they to be found?

Neither the "teepan-tlalli" nor the "tlatoca-tlalli," still

less the "calpulalli," show any trace of individual ownership.

"Eredad" (heirloom) is called indiscriminately "milli" and

"cuemitl" (Molina, Parte Ia, p. 57). The latter is also rendered

as "tierra labrada, o camellon" (Molina, Parte IIa, p. 26). It

thus reminds us of the "chinamitl" or garden-bed (as the name

"camellon" also implies), and reduces it to the proportion of

an ordinary cultivated lot among the others contained within the

area of the calpulli. It is also called "tlalli," but that is

the general name for soil or ground. "Tierras o eredades de

particulares, juntas an alguna vega," is called "tlalmilli".

This decomposes into "tlalli" soil and "milli." But "vega"

signifies a fertile tract or field, and thus we have again

the conception of communal lands, divided into lots improved by

particular families, as the idea of communal tenure necessarily

implies.]

[Relocated Footnote 8: Zurita ("Rapport," etc., etc., p. 50):

"The chiefs of the second class are yet called calpullec in the

singular and chinancallec in the plural." (This is evidently

incorrect, since the words 'calpulli' and 'chinancalli' can easily

be distinguished from each other.) "'Chinancalli', however after

Molina means 'cercado de seto' (Parte IIa, p. 21), or an inclosed

area, and if we connect it with the old original 'chinamitl' we are

forcibly carried back to the early times, when the Mexicans but

dwelt on a few flakes of more or less solid ground. This is an

additional evidence in favor of the views we have taken of the

growth of landed tenure among the Mexican tribe. We must never

forget that the term is 'Nahuatl,' and as such recognized by all the

other tribes, outside of the Mexicans proper. The interpretation as

'family' in the Quiche tongue of Guatemala, which we have already

mentioned, turns up here as of further importance; that is: chiefs

of an old race or family, from the word calpulli or chinancalli,

which is the same, and signifies a quarter (barrio), inhabited by a

family known, or of old origin, which possesses since long time a

territory whose limits are known, and whose members are of the same

lineage."

"The calpullis, families or quarters, are very common in each

province. Among the lands which were given to the chefs of the

second class there were also calpullis. These lands are the property

of the people in general ('de la masse du peuple') from the time the

Indians reached this land. Each family or tribe received a portion

of the soil for perpetual enjoyment. They also had the name of

calpulli, and until now this property has been respected. They do

not belong to each inhabitant of the village in particular, but to

the calpulli, which possesses them in common." Don Ramirez de

Fuenleal, letter dated Mexico, 3 Nov., 1532 ("Recueil de pieces,"

etc, Ternaux-Compans, p. 253): "There are very few people in the

villages which have lands of their own ... the lands are held in

common and cultivated in common." Herrera (Dec. III, Lib. IV, cap. XV,

p. 135) confirms, in a condensed form, the statement of Zurita,

"and they are not private lands of each one, but held in common."

Torquemada (Lib. XIV, cap. VII, p. 545.) Veytia (Lib. III, cap. VI,

p. 196). "Finally, there were other tracts of lands in each tribe,

called calpulalli, which is land of the calpules (barrios), which

also were worked in common." Oviedo (Lib. XXXII, cap. LI, pp. 536 and

537). Clavigero (Lib. VII, cap. XIV). Bustamante ("Tezcoco," etc.,

Parte IIIa, cap. V. p. 232).]

[Relocated Footnote 9: Zurita (p. 52): "He who obtained them from the

sovereign has not the right to dispose of them." Herrera (Dec. III,

Lib. IV, cap. XV, p. 135): "He who possessed them could not alienate

them, although he enjoyed their use for his lifetime." Torquemada

(Lib. XIV, cap. VII, p. 545): "Disputes about lands are frequently

mentioned, but they refer to the enjoyment and possession, and not

the transfer of the land." Baron Humboldt ("Unes des Cordilleres et

monuments indigenes des peuples de l'Amerique", Vol. I, Tab. V)

reproduces a Mexican painting representing a litigation about land.

But this painting was made subsequent to the Conquest, as the fact

that the parties contending are Indians and Spaniards sufficiently

asserts. Occasional mention is made that certain lands "could be sold."

All such tracts, however, like the "pallali", have been shown by us

to be held in communal tenure of the soil, there enjoyment alone

being given to individuals and their families.]

[Relocated Footnote 10: Zurita (p. 60): "The calpulli have a chief

taken necessarily from among the tribe; he must be one of the

principal inhabitants, an able man who can assist and defend the

people. The election takes place among them.... The office of this

chief is not hereditary; when any one dies, they elect in his place

the most respected old man.... If the deceased has left a son who is

able the choice falls upon him, and a relative of the former

incumbent is always preferred." (Id., pp. 50 and 222). Simancas

M. S. S. ("De l'ordre de succession," etc., "Recucil," p. 225): As

to the mode of regulating the jurisdiction and election of the

alcaldes and regidors of the villages, "they nominated men of note

who had the title of achcatanlitin.... There were no other elections

of officers...." ('Art of War,' etc. pp. 119 and 120).]

[Relocated Footnote 11: Zurita (pp. 61 and 62): "This chief has

charge of the lands of the calpulli. It is his duty to defend their

possession. He keeps paintings showing the tracts, the names of

their holders, the situation, the limits, the number of men tilling

them, the wealth of private individuals, the designations of each as

are vacant, of others that belong to the Spaniards, the date of

donation, to whom and by whom they were given. These paintings he

constantly renews, according to the changes occurring, and in this

they are very skillful." It is singular that Motolinia, in his

"Epistola proemial" ("Col. de Doc."; Icazbalceta, Vol. I, p. 5),

among the five "books of paintings" which he says the Mexicans had,

makes no mention of the above. Neither does he notice it in his

letter dated Cholala, 27 Aug., 1554 ("Recueil de pieces," etc.,

Teruaux-Compans).]

[Relocated Footnote 12: Each family, represented by its male head,

obtained a certain tract or lot for cultivation and use, Zurita

(p. 55). "The party (member of the calpulli, because no member of

another one had the right to settle within the area of it--see Id.,

p. 53), who has no lands applies to the chief of the calpulli, who,

upon the advice of the other old men, assigns to him such as

corresponds to his ability and wants. These lands go to his

heirs...." (id., p. 56). "The proprietor who did not cultivate

during two years, either through his own fault or through

negligence, without just cause ... he was called upon to improve

them, and if he failed to do so they were given to another the

following year." Bustamante (Tezcoco, etc., Parte IIIa, p. 190,

cap I): "The fact that any holder of a 'tlalmilli' might rent out

his share, if he himself was occupied in a line precluding him from

actual work on it, results from the lands of the 'calpulli' being

represented alternately treated as communal and again as private

lands. Besides, it is said of the traders who, from the nature of

their occupation, were mostly absent, that they were also members

and participants of a 'calpulli'" (Zurita, p. 223. Sahagun, Lib.

VIII, cap. III, p. 349). Now, as every Mexican belonged to a kinship,

which held lands after the plan exposed above, it follows that such

as were not able to work themselves, on account of their performing

other duties subservient to the interests of the community still

preserved their tracts by having others to work them for their

benefit. It was not the right of tenancy which authorizes the

improvement, but the fact of improvement for a certain purpose and

benefit, which secured the possession or tenancy.]

[Relocated Footnote 13: From "tlalli" soil, and "maitl" hand. Hands

of the soil. Molma (Parte IIa, p. 124) has: "tlalmaitl"--"labrador, y

ganyan." This name is given in distinction of the "macehuales" or

people working the soil in general. The tlalmaites are identical

with the "mayeques." (See Zurita, p. 224): "tlalmaites or mayeques,

which signifies tillers of the soil of others...." He distinguishes

them plainly from the 'teccallec,' which are the 'tecpanpouhque' or

"tecpantlaca" formerly mentioned as attending to a class official

lands (p. 221, Zurita). Herrera (Dec. III, Lib. IV, cap. XVII, p. 138):

"These mayeques could not go from one tract to another, neither

leave those which they cultivated, and raised. They paid tribute to

nobody else but the master of the land." This tends to show that

there existed not an established obligation, a serfdom, but a

voluntary contract, that the "tlalmaites" were not serfs, but simply

renters.]

[Relocated Footnote 14: Motolinia (Tratado II, cap. V, p. 120):

"But they left their houses and lands to their children" ... Gomara

(p. 434): "Es costumbre de pecheros que el hijo mayor herede al

padre en toda la hacienda raiz y mueble, y que tenga y mantenga

todos los hermanos y sobrinos, con tal que haganellos lo que el les

mandare." Clavigero (Lib. VII, cap. XIII): "In Mexico, and nearly

the entire realm, the royal family excepted as already told, the

sons succeeded to the father's rights; and if there were no sons,

then the brothers, and the brothers' sons inherited." Bustamante

("Tezcoco," etc., p. 219): In all these cases, Bustamante only

speaks of chiefs; but the quotations from Motolinia and Gomara

directly apply to the people in general.]

[Relocated Footnote 15: Mr. L. H. Morgan has investigated the custom

of inheritance, not only among the northern Indians, but also among

the pueblo Indians of New Mexico. He establishes the fact, that the

"kinship" or "gens," which we may justly consider as the unit of

organization in American aboriginal society, participated in the

property of the deceased. He proves it among the Iroquois ("Ancient

Society," Part II, cap. II, pp. 75 and 76). Wyandottes, Id., cap. VII,

p. 153. Missouri-tribes, p. 155. Winnebagoes, p 157. Mandans, p 158.

Minnitarees, p. 159. Creeks, p. 161. Choctas, p. 162. Chickasas, p.

163. Ojibwas, p. 167; also Potowattomies and Crees, Miamis, p. 168.

Shawnees, p. 169. Sauks, Foxes and Menominies, p. 170. Delawares, p.

172. Munsees and Mohegans, p. 173. Finally, the pueblo Indians of

New Mexico are shown to have, if not the identical at least a

similar mode of inheritance. It would be easy to secure further

evidence, from South America also.]

[Relocated Footnote 16: Letter of Motolinia and Diego d'Olarte, to

Don Luis de Velasco, Cholula, 27 Aug., 1554 ("Recueil," etc., etc., p.

407): "The daughters did not inherit; it was the principal, wife's

son" ... "Besides, nearly every author designates but a son, or sons,

as the heirs. There is no mention made of daughters at all. In

Tlaxcallan, it is also expressly mentioned that the daughters did

not inherit" (Torquemada, Lib. XI, cap. XXII, p. 348). In general,

the position of woman in ancient Mexico was a very inferior one, and

but little above that which it occupies among Indians in general.

(Compare the description of Gomara, p. 440, Vedia I, with those of

Sahagun. Lib. X, cap. I, p. 1; cap. XIII, pp. 30, 31, 32, and 33.

The fact is generally conceded). H. H. Bancroft "Native Races," Vol.

II, cap. VI, p. 224, etc.]

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