IROQUOIS LAWS OF DESCENT.

At the establishment of the confederacy, fifty sachems were founded and

a name assigned to each, by which they are still known, and these names

are kept as hereditary from the beginning to the present time. There were

also fifty sub-sachems, or war chiefs--that is, to every sachem was given

a war chief, to stand behind him to do his biddings. These sachemships

were, and are still confined to the five nations; the Tuscaroras were

admitted into the confederacy without enlarging the framework of the

league, by allowing them their own sachems and sub-sachems, or war

chiefs, as they inherited from their original nation of North Carolina.

But how, it may be asked, is a government so purely popular and so simple

and essentially advisory in its character, to be reconciled with the laws

of hereditary descent, fixed by the establishment of heraldic devices and

bringing its proportion of weak and incompetent minds into office, and

with the actual power it exercised and the fame it acquired. To answer

this question, and to show how the aristocratic and democratic principles

were made to harmonize in the Iroquois government, it will be necessary

to go back and examine the laws of descent among the tribes, together

with the curious and intricate principles of the clans or tribal bond.

Nothing is more fully under the cognizance of observers of the manners

and customs of the Indians, than the fact of the entire nation or tribe

being separated into distinct clans, each of them distinguished by the

name and device of some quadruped, bird, or other object in the animal

kingdom. This device is called by the Tuscaroras Or-reak-sa (clan). The

Iroquois have turned it to account by assuming it as the very basis of

their political and tribal bond.

A government wholly verbal must be conceded to have required this

proximity and nearness of access. The original five nations of the

Iroquois were, theoretically, separated into eight clans or original

families of kindreds, who are distinguished respectively by the clans of

the wolf, bear, turtle, deer, beaver, falcon, crane and the plover. I

find that there is a little difference in the clans of the Tuscaroras,

which are the bear, wolf, turtle, beaver, deer, eel and snipe. It is

contrary to the usage of the Indians that near kindred should intermarry,

and the ancient rule interdicts all intermarriage between persons of the

same clan. They must marry into a clan which is different from their own.

A Bear or Wolf male cannot marry a Bear or Wolf female. By this custom

the purity of blood is preserved, while the ties of relationship between

the clans themselves is strengthened or enlarged.

The line of descent is limited exclusively in the female's children.

Owing to this arrangement, a chieftain's son cannot succeed him in

office, but in case of his death, the right of descent being in his

mother, he would be succeeded, not by one of his male children, but by

his brother; or failing in this then by the son of his sister, or by some

direct, however remote, descendent of a maternal line.

It will be noticed that the children are not of the same clan as their

father, but are the same as their mother. Thus, he might be succeeded by

his own grandson, by the son marrying in his father's clan, and not by

his daughter. It is in this way that the chieftainship is continually

kept in a family dynasties in the female line.

While the law of descent is fully recognized, the free will of the female

to choose a husband from any of the clans, excluding only her own, is

made to govern and determine the distribution of political power, and to

fix the political character of the tribe. Another peculiarity may be here

stated. In choosing a candidate to fill a vacancy of the chieftainship,

made either by death or misconduct, the power is lodged in the older

women of the clan to choose the candidate, and then to be submitted for

the recognition of the chiefs and sachems in council, for the whole

nation. If approved, a day is appointed for the recognition also of the

Six Nations, and he is formally installed into office. Incapacity is

always, however, without exception, recognized as a valid objection to

the approval of the council.

Legends, Traditions, and Laws of the Iroquois, or Six Nations, and History of the Tuscarora Indians · 第 64 / 70 题