CHAPTER VII.

THE AZTEC CONFEDERACY.

MISCONCEPTION OF AZTEC SOCIETY.—CONDITION OF

ADVANCEMENT.—NAHUATLAC TRIBES.—THEIR SETTLEMENT IN

MEXICO.—PUEBLO OF MEXICO FOUNDED, A. D., 1325.—AZTEC

CONFEDERACY ESTABLISHED, A. D., 1426.—EXTENT OF TERRITORIAL

DOMINATION.—PROBABLE NUMBER OF THE PEOPLE.—WHETHER OR NOT

THE AZTECS WERE ORGANIZED IN GENTES AND PHRATRIES.—THE

COUNCIL OF CHIEFS.—ITS PROBABLE FUNCTIONS.—OFFICE

HELD BY MONTEZUMA.—ELECTIVE IN TENURE.—DEPOSITION OF

MONTEZUMA.—PROBABLE FUNCTIONS OF THE OFFICE.—AZTEC

INSTITUTIONS ESSENTIALLY DEMOCRATICAL—THE GOVERNMENT A

MILITARY DEMOCRACY.

The Spanish adventurers, who captured the Pueblo of Mexico, adopted the

erroneous theory that the Aztec government was a monarchy, analogous in

essential respects to existing monarchies in Europe. This opinion was

adopted generally by the early Spanish writers, without investigating

minutely the structure and principles of the Aztec social system. A

terminology not in agreement with their institutions came in with

this misconception which has vitiated the historical narrative nearly

as completely as though it were, in the main, a studied fabrication.

With the capture of the only stronghold the Aztecs possessed, their

governmental fabric was destroyed, Spanish rule was substituted in its

place, and the subject of their internal organization and polity was

allowed substantially to pass into oblivion.[197]

The Aztecs and their confederate tribes were ignorant of iron and

consequently without iron tools; they had no money, and traded by

barter of commodities; but they worked the native metals, cultivated

by irrigation, manufactured coarse fabrics of cotton, constructed

joint-tenement houses of adobe-bricks and of stone, and made

earthenware of excellent quality. They had, therefore, attained to the

Middle Status of barbarism. They still held their lands in common,

lived in large households composed of a number of related families;

and, as there are strong reasons for believing, practiced communism in

living in the household. It is rendered reasonably certain that they

had but one prepared meal each day, a dinner; at which they separated,

the men eating first and by themselves, and the women and children

afterwards. Having neither tables nor chairs for dinner service

they had not learned to eat their single daily meal in the manner

of civilized nations. These features of their social condition show

sufficiently their relative status of advancement.

In connection with the Village Indians of other parts of Mexico and

Central America, and of Peru, they afforded the best exemplification

of this condition of ancient society then existing on the earth. They

represented one of the great stages of progress toward civilization

in which the institutions derived from a previous ethnical period are

seen in higher advancement, and which were to be transmitted, in the

course of human experience, to an ethnical condition still higher, and

undergo still further development before civilization was possible. But

the Village Indians were not destined to attain the Upper Status of

barbarism so well represented by the Homeric Greeks.

The Indian pueblos in the valley of Mexico revealed to Europeans a lost

condition of ancient society, which was so remarkable and peculiar that

it aroused at the time an insatiable curiosity. More volumes have been

written, in the proportion of ten to one, upon the Mexican aborigines

and the Spanish Conquest, than upon any other people of the same

advancement, or upon any event of the same importance. And yet, there

is no people concerning whose institutions and plan of life so little

is accurately known. The remarkable spectacle presented so inflamed

the imagination that romance swept the field, and has held it to the

present hour. The failure to ascertain the structure of Aztec society

which resulted was a serious loss to the history of mankind. It should

not be made a cause of reproach to any one, but rather for deep regret.

Even that which has been written, with such painstaking industry, may

prove useful in some future attempt to reconstruct the history of

the Aztec confederacy. Certain facts remain of a positive kind from

which other facts may be deduced; so that it is not improbable that a

well-directed original investigation may yet recover, measurably at

least, the essential features of the Aztec social system.

The “kingdom of Mexico” as it stands in the early histories, and the

“empire of Mexico” as it appears in the later, is a fiction of the

imagination. At the time there was a seeming foundation for describing

the government as a monarchy, in the absence of a correct knowledge of

their institutions; but the misconception can no longer be defended.

That which the Spaniards found was simply a confederacy of three Indian

tribes, of which the counterpart existed in all parts of the continent,

and they had no occasion in their descriptions to advance a step beyond

this single fact. The government was administered by a council of

chiefs, with the co-operation of a general commander of the military

bands. It was a government of two powers; the civil being represented

by the council, and the military by a principal war-chief. Since the

institutions of the confederate tribes were essentially democratical,

the government may be called a military democracy, if a designation

more special than confederacy is required.

Three tribes, the Aztecs or Mexicans, the Tezcucans and the Tlacopans,

were united in the Aztec confederacy, which gives the two upper

members of the organic social series. Whether or not they possessed

the first and the second, namely, the gens and the phratry, does not

appear in a definite form in any of the Spanish writers; but they have

vaguely described certain institutions which can only be understood

by supplying the lost members of the series. Whilst the phratry is

not essential, it is otherwise with the gens, because it is the unit

upon which the social system rests. Without entering the vast and

unthreadable labyrinth of Aztec affairs as they now stand historically,

I shall venture to invite attention to a few particulars only of the

Aztec social system, which may tend to illustrate its real character.

Before doing this, the relations of the confederated to surrounding

tribes should be noticed.

The Aztecs were one of seven kindred tribes who had migrated from the

north and settled in and near the valley of Mexico; and who were among

the historical tribes of that country at the epoch of the Spanish

Conquest. They called themselves collectively the Nahuatlacs in their

traditions. Acosta, who visited Mexico in 1585, and whose work was

published at Seville in 1589, has given the current native tradition of

their migrations, one after the other, from Aztlan, with their names

and places of settlement. He states the order of their arrival as

follows: 1. Sochimilcas, “Nation of the Seeds of Flowers,” who settled

upon Lake Xochimilco, on the south slope of the valley of Mexico; 2.

Chalcas, “People of Mouths,” who came long after the former and settled

near them, on Lake Chalco; 3. Tepanecans, “People of the Bridge,” who

settled at Azcopozalco, west of Lake Tezcuco, on the western slope

of the valley; 4. Culhuas, “A Crooked People,” who settled on the

east side of Lake Tezcuco, and were afterwards known as Tezcucans; 5.

Tlatluicans, “Men of the Sierra,” who, finding the valley appropriated

around the lake, passed over the Sierra southward and settled upon the

other side; 6. Tlascalans, “Men of Bread,” who, after living for a

time with the Tepanecans, finally settled beyond the valley eastward,

at Tlascala; 7. The Aztecs, who came last and occupied the site of the

present city of Mexico.[198] Acosta further observes that they came

“from far countries which lie toward the north, where now they have

found a kingdom which they call New Mexico.”[199] The same tradition is

given by Herrera,[200] and also by Clavigero.[201] It will be noticed

that the Tlacopans are not mentioned. They were, in all probability,

a subdivision of the Tepanecans who remained in the original area of

that tribe, while the remainder seem to have removed to a territory

immediately south of the Tlascalans, where they were found under the

name of the Tepeacas. The latter had the same legend of the seven

caves, and spoke a dialect of the Nahuatlac language.[202]

This tradition embodies one significant fact of a kind that could not

have been invented; namely, that the seven tribes were of immediate

common origin, the fact being confirmed by their dialects; and a second

fact of importance, that they came from the north. It shows that they

were originally one people, who had fallen into seven and more tribes

by the natural process of segmentation. Moreover, it was this same fact

which rendered the Aztec confederacy possible as well as probable, a

common language being the essential basis of such organizations.

The Aztecs found the best situations in the valley occupied, and

after several changes of position they finally settled upon a small

expanse of dry land in the midst of a marsh bordered with fields of

pedregal and with natural ponds. Here they founded the celebrated

pueblo of Mexico (Tenochtitlan), A. D. 1325, according to Clavigero,

one hundred and ninety-six years prior to the Spanish Conquest.[203]

They were few in number and poor in condition. But fortunately for

them, the outlet of Lakes Xochimilco and Chalco and rivulets from the

western hills flowed past their site into Lake Tezcuco. Having the

sagacity to perceive the advantages of the location they succeeded,

by means of causeways and dikes, in surrounding their pueblo with

an artificial pond of large extent, the waters being furnished from

the sources named; and the level of Lake Tezcuco being higher then

than at present, it gave them, when the whole work was completed,

the most secure position of any tribe in the valley. The mechanical

engineering by which they accomplished this result was one of the

greatest achievements of the Aztecs, and one without which they would

not probably have risen above the level of the surrounding tribes.

Independence and prosperity followed, and in time a controlling

influence over the valley tribes. Such was the manner, and so recent

the time of founding the pueblo according to Aztec traditions which may

be accepted as substantially trustworthy.

At the epoch of the Spanish Conquest five of the seven tribes, namely,

the Aztecs, Tezcucans, Tlacopans, Sochimilcas, and Chalcans resided in

the valley, which was an area of quite limited dimensions, about equal

to the state of Rhode Island. It was a mountain or upland basin having

no outlet, oval in form, being longest from north to south, one hundred

and twenty miles in circuit, and embracing about sixteen hundred square

miles excluding the surface covered by water. The valley, as described,

is surrounded by a series of hills, one range rising above another

with depressions between, encompassing the valley with a mountain

barrier. The tribes named resided in some thirty pueblos, more or

less, of which that of Mexico was the largest. There is no evidence

that any considerable portion of these tribes had colonized outside of

the valley and the adjacent hill-slopes; but, on the contrary, there

is abundant evidence that the remainder of modern Mexico was then

occupied by numerous tribes who spoke languages different from the

Nahuatlac, and the majority of whom were independent. The Tlascalans,

the Cholulans, a supposed subdivision of the former, the Tepeacas, the

Huexotzincos, the Meztitlans, a supposed subdivision of the Tezcucans,

and the Tlatluicans were the remaining Nahuatlac tribes living without

the valley of Mexico, all of whom were independent excepting the

last, and the Tepeacas. A large number of other tribes, forming some

seventeen territorial groups, more or less, and speaking as many stock

languages, held the remainder of Mexico. They present, in their state

of disintegration and independence, a nearly exact repetition of the

tribes of the United States and British America, at the time of their

discovery, a century or more later.

Prior to A. D. 1426, when the Aztec confederacy was formed, very

little had occurred in the affairs of the valley tribes of historical

importance. They were disunited and belligerent, and without influence

beyond their immediate localities. About this time the superior

position of the Aztecs began to manifest its results in a preponderance

of numbers and of strength. Under their war-chief, Itzcoatl, the

previous supremacy of the Tezcucans and Tlacopans was overthrown, and

a league or confederacy was established as a consequence of their

previous wars against each other. It was an alliance between the three

tribes, offensive and defensive, with stipulations for the division

among them, in certain proportions, of the spoils, and the after

tributes of subjugated tribes.[204] These tributes, which consisted of

the manufactured fabrics and horticultural products of the villages

subdued, seem to have been enforced with system, and with rigor of

exaction.

The plan of organization of this confederacy has been lost. From

the absence of particulars it is now difficult to determine whether

it was simply a league to be continued or dissolved at pleasure; or

a consolidated organization, like that of the Iroquois, in which

the parts were adjusted to each other in permanent and definite

relations. Each tribe was independent in whatever related to local

self-government; but the three were externally one people in whatever

related to aggression or defense. While each tribe had its own council

of chiefs, and its own head war-chief, the war-chief of the Aztecs was

the commander-in-chief of the confederate bands. This may be inferred

from the fact that the Tezcucans and Tlacopans had a voice either

in the election or in the confirmation of the Aztec war-chief. The

acquisition of the chief command by the Aztecs tends to show that their

influence predominated in establishing the terms upon which the tribes

confederated.

Nezahualcojotl had been deposed, or at least dispossessed of his

office, as principal war-chief of the Tezcucans, to which he was at

this time (1426) restored by Aztec procurement. The event may be taken

as the elate of the formation of the confederacy or league whichever it

was.

Before discussing the limited number of facts which tend to illustrate

the character of this organization, a brief reference should be made to

what the confederacy accomplished in acquiring territorial domination

during the short period of its existence.

From A. D. 1426 to 1520, a period of ninety-four years, the confederacy

was engaged in frequent wars with adjacent tribes, and particularly

with the feeble Village Indians southward from the valley of Mexico

to the Pacific, and thence eastward well toward Guatemala. They began

with those nearest in position whom they overcame, through superior

numbers and concentrated action, and subjected to tribute. The villages

in this area were numerous but small, consisting in many cases of a

single large structure of adobe-brick or of stone, and in some cases of

several such structures grouped together. These joint-tenement houses

interposed serious hinderances to Aztec conquest, but they did not

prove insuperable. These forays were continued from time to time for

the avowed object of gathering spoil, imposing tribute, and capturing

prisoners for sacrifice;[205] until the principal tribes within the

area named, with some exceptions, were subdued and made tributary,

including the scattered villages of the Totonacs near the present Vera

Cruz.

No attempt was made to incorporate these tribes in the Aztec

confederacy, which the barrier of language rendered impossible under

their institutions. They were left under the government of their own

chiefs, and to the practice of their own usages and customs. In some

cases a collector of tribute resided among them. The barren results

of these conquests reveal the actual character of their institutions.

A domination of the strong over the weak for no other object than to

enforce an unwilling tribute, did not even tend to the formation of a

nation. If organized in gentes, there was no way for an individual to

become a member of the government except through a gens, and no way for

the admission of a gens except by its incorporation among the Aztec,

Tezcucan, or Tlacopan gentes. The plan ascribed to Romulus of removing

the gentes of conquered Latin tribes to Rome might have been resorted

to by the Aztec confederacy with respect to the tribes overrun; but

they were not sufficiently advanced to form such a conception, even

though the barrier of language could have been obviated. Neither

could colonists for the same reason, if sent among them, have so far

assimilated the conquered tribes as to prepare them for incorporation

in the Aztec social system. As it was, the confederacy gained no

strength by the terrorism it created; or by holding these tribes under

burdens, inspired with enmity and ever ready to revolt. It seems,

however, that they used the military bands of subjugated tribes in

some cases, and shared with them the spoils. All the Aztecs could do,

after forming the confederacy, was to expand it over the remaining

Nahuatlac tribes. This they were unable to accomplish. The Xochimilcas

and Chalcans were not constituent members of the confederacy, but they

enjoyed a nominal independence, though tributary.

This is about all that can now be discovered of the material basis of

the so-called kingdom or empire of the Aztecs. The confederacy was

confronted by hostile and independent tribes on the west, northwest,

northeast, east, and southeast sides: as witness, the Mechoacans on the

west, the Otomies on the northwest, (scattered bands of the Otomies

near the valley had been placed under tribute), the Chichimecs or

wild tribes north of the Otomies, the Meztitlans on the northeast,

the Tlascalans on the east, the Cholulans and Huexotzincos on the

southeast, and beyond them the tribes of the Tabasco, the tribes of

Chiapas, and the Zapotecs. In these several directions the dominion of

the Aztec confederacy did not extend a hundred miles beyond the valley

of Mexico, a portion of which surrounding area was undoubtedly neutral

ground separating the confederacy from perpetual enemies. Out of such

limited materials the kingdom of Mexico of the Spanish chronicles was

fabricated, and afterwards magnified into the Aztec empire of current

history.

A few words seem to be necessary concerning the population of the

valley and of the pueblo of Mexico. No means exist for ascertaining the

number of the people in the five Nahuatlac tribes who inhabited the

valley. Any estimate must be conjectural. As a conjecture then, based

upon what is known of their horticulture, their means of subsistence,

their institutions, their limited area, and not forgetting the tribute

they received, two hundred and fifty thousand persons in the aggregate

would probably be an excessive estimate. It would give about a hundred

and sixty persons to the square mile, equal to nearly twice the present

average population of the state of New York, and about equal to the

average population of Rhode Island. It is difficult to perceive what

sufficient reason can be assigned for so large a number of inhabitants

in all the villages within the valley, said to have been from thirty

to forty. Those who claim a higher number will be bound to show how

a barbarous people, without flocks and herds, and without field

agriculture, could have sustained in equal areas a larger number of

inhabitants than a civilized people can now maintain armed with these

advantages. It cannot be shown for the simple reason that it could not

have been true. Out of this population thirty thousand may, perhaps, be

assigned to the pueblo of Mexico.[206]

It will be unnecessary to discuss the position and relations of the

valley tribes beyond the suggestions made. The Aztec monarchy should

be dismissed from American aboriginal history, not only as delusive,

but as a misrepresentation of the Indians, who had neither developed

nor invented monarchical institutions. The government they formed was

a confederacy of tribes, and nothing more; and probably not equal in

plan and symmetry with that of the Iroquois. In dealing with this

organization, War-chief, Sachem, and Chief will be sufficient to

distinguish their official persons.

The pueblo of Mexico was the largest in America. Romantically situated

in the midst of an artificial lake, its large joint-tenement houses

plastered over with gypsum, which made them a brilliant white, and

approached by causeways, it presented to the Spaniards, in the

distance, a striking and enchanting spectacle. It was a revelation of

an ancient society lying two ethnical periods back of European society,

and eminently calculated, from its orderly plan of life, to awaken

curiosity and inspire enthusiasm. A certain amount of extravagance of

opinion was unavoidable.

A few particulars have been named tending to show the extent of Aztec

advancement to which some others may now be added. Ornamental gardens

were found, magazines of weapons and of military costumes, improved

apparel, manufactured fabrics of cotton of superior workmanship,

improved implements and utensils, and an increased variety of food;

picture-writing, used chiefly to indicate the tribute in kind each

subjugated village was to pay; a calendar for measuring time, and open

markets for the barter of commodities.

Administrative offices had been created to meet the demands of a

growing municipal life; a priesthood, with a temple worship and a

ritual including human sacrifices, had been established. The office of

head war-chief had also risen into increased importance. These, and

other circumstances of their condition, not necessary to be detailed,

imply a corresponding development of their institutions. Such are

some of the differences between the Lower and the Middle Status of

barbarism, as illustrated by the relative conditions of the Iroquois

and the Aztecs, both having doubtless the same original institutions.

With these preliminary suggestions made, the three most important and

most difficult questions with respect to the Aztec social system,

remain to be considered. They relate first, to the existence of Gentes

and Phratries; second, the existence and functions of the Council

of Chiefs; and, third, the existence and functions of the office of

General Military Commander, held by Montezuma.

I. _The Existence of Gentes and Phratries._

It may seem singular that the early Spanish writers did not discover

the Aztec gentes, if in fact they existed; but the case was nearly the

same with the Iroquois under the observation of our own people more

than two hundred years. The existence among them of clans, named after

animals, was pointed out at an early day, but without suspecting that

it was the unit of a social system upon which both the tribe and the

confederacy rested.[207] The failure of the Spanish investigators to

notice the existence of the gentile organization among the tribes of

Spanish America would afford no proof of its non-existence; but if it

did exist, it would simply prove that their work was superficial in

this respect.

There is a large amount of indirect and fragmentary evidence in the

Spanish writers pointing both to the gens and the phratry, some of

which will now be considered. Reference has been made to the frequent

use of the term “kindred” by Herrera, showing that groups of persons

were noticed who were bound together by affinities of blood. This, from

the size of the group, seems to require a gens. The term “lineage” is

sometimes used to indicate a still larger group, and implying a phratry.

The pueblo of Mexico was divided geographically into four quarters,

each of which was occupied by a lineage, a body of people more

nearly related by consanguinity among themselves than they were to

the inhabitants of the other quarters. Presumptively, each lineage

was a phratry. Each quarter was again subdivided, and each local

subdivision was occupied by a community of persons bound together by

some common tie.[208] Presumptively, this community of persons was

a gens. Turning to the kindred tribe of Tlascalans, the same facts

nearly re-appear. Their pueblo was divided into four quarters, each

occupied by a lineage. Each had its own Teuctli or head war-chief, its

distinctive military costume, and its own standard and blazon.[209]

As one people they were under the government of a council of chiefs,

which the Spaniards honored with the name of the Tlascalan senate.[210]

Cholula, in like manner, was divided into six quarters, called wards by

Herrera, which leads to the same inference.[211] The Aztecs in their

social subdivisions having arranged among themselves the parts of the

pueblo they were severally to occupy, these geographical districts

would result from their mode of settlement. If the brief account of

these _quarters_ at the foundation of Mexico, given by Herrera, who

follows Acosta, is read in the light of this explanation, the truth of

the matter will be brought quite near. After mentioning the building

of a “chapel of lime and stone for the idol,” Herrera proceeds as

follows: “When this was done, the idol ordered a priest to bid the

chief men divide themselves, with their kindred and followers, into

four wards or quarters, leaving the house that had been built for him

to rest in the middle, and each party to build as they liked best.

These are the four quarters of Mexico now called St. John, St. Mary

the Round, St. Paul and St. Sebastian. That division being accordingly

made, their idol again directed them to distribute among themselves

the gods he should name, and each ward to appoint peculiar places

where the gods should be worshiped; and thus every quarter has several

smaller wards in it according to the number of their gods this idol

called them to adore.... Thus Mexico, Tenochtitlan, was founded....

When the aforesaid partition was made, those who thought themselves

injured, with their kindred and followers, went away to seek some

other place,”[212] namely, Tlatelulco, which was adjacent. It is a

reasonable interpretation of this language that they divided by kin,

first into four general divisions, and these into smaller subdivisions,

which is the usual formula for stating results. But the actual process

was the exact reverse; namely, each body of kindred located in an

area by themselves, and the several bodies in such a way as to bring

those most nearly related in geographical connection with each other.

Assuming that the lowest subdivision was a gens, and that each quarter

was occupied by a phratry, composed of related gentes, the primary

distribution of the Aztecs in their pueblo is perfectly intelligible.

Without this assumption it is incapable of a satisfactory explanation.

When a people, organized in gentes, phratries and tribes, settled in

a town or city, they located by gentes and by tribes, as a necessary

consequence of their social organization. The Grecian and Roman tribes

settled in their cities in this manner. For example, the three Roman

tribes were organized in gentes and curiæ, the curia being the analogue

of the phratry; and they settled at Rome by gentes, by curias and by

tribes. The Ramnes occupied the Palatine Hill. The Tities were mostly

on the Quirinal, and the Luceres mostly on the Esquiline. If the Aztecs

were in gentes and phratries, having but one tribe, they would of

necessity be found in as many quarters as they had phratries, with each

gens of the same phratry in the main locally by itself. As husband and

wife were of different gentes, and the children were of the gens of the

father or mother as descent was in the male or the female line, the

preponderating number in each locality would be of the same gens.

Their military organization was based upon these social divisions.

As Nestor advised Agamemnon to arrange the troops by phratries and by

tribes, the Aztecs seem to have arranged themselves by gentes and by

phratries. In the _Mexican Chronicles_, by the native author Tezozomoc

(for a reference to the following passage, in which I am indebted to my

friend Mr. Ad. F. Bandelier, of Highland, Illinois, who is now engaged

upon its translation), a proposed invasion of Michoacan is referred to.

Axaycatl “spoke to the Mexican captains Tlacatecatl and Tlacochcalcatl,

and to all the others, and inquired whether all the Mexicans were

prepared, after the usages and customs of each ward, each one with its

captains; and if so that they should begin to march, and that all were

to reunite at Matlatzinco Toluca.”[213] It indicates that the military

organization was by gentes and by phratries.

An inference of the existence of Aztec gentes arises also from their

land tenure. Clavigero remarks that “the lands which were called

_Altepetlalli_ [altepetl = pueblo] that is, those of the communities

of cities and villages, were divided into as many parts as there were

districts in a city, and every district possessed its own part entirely

distinct from, and independent of every other. These lands could not

be alienated by any means whatever.”[214] In each of these communities

we are led to recognize a gens, whose localization was a necessary

consequence of their social system. Clavigero puts the districts for

the community, whereas it was the latter which made the district, and

which owned the lands in common. The element of kin which united each

community, omitted by Clavigero, is supplied by Herrera. “There were

other lords, called major parents [sachems], whose landed property all

belonged to one lineage [gens], which lived in one district, and there

were many of them when the lands were distributed at the time New Spain

was peopled; and each lineage received its own, and have possessed them

until now; and these lands did not belong to any one in particular,

but to all in common, and he who possessed them could not sell them,

although he enjoyed them for life and left them to his sons and heirs;

and if a house died out they were left to the nearest parent to whom

they were given and to no other, who administered the same district or

lineage.”[215] In this remarkable statement our author was puzzled to

harmonize the facts with the prevailing theory of Aztec institutions.

He presents to us an Aztec lord who held the fee of the land as a

feudal proprietor, and a title of rank pertaining to it, both of which

he transmitted to his son and heir. But in obedience to truth he states

the essential fact that the lands belonged to a body of consanguinei

of whom he is styled the major parent, _i. e._, he was the sachem, it

may be supposed, of the gens, the latter owning these lands in common.

The suggestion that he held the lands in trust means nothing. They

found Indian chiefs connected with gentes, each gens owning a body of

lands in common, and when the chief died, his place was filled by his

son, according to Herrera. In so far it may have been analogous to a

Spanish estate and title; and the misconception resulted from a want

of knowledge of the nature and tenure of the office of chief. In some

cases they found the son did not succeed his father, but the office

went to some other person; hence the further statement, “if a house

(_alguna casa_, another feudal feature) died out, they [the lands] were

left to the nearest major parent;” _i. e._, another person was elected

sachem, as near as any conclusion can be drawn from the language. What

little has been given to us by the Spanish writers concerning Indian

chiefs, and the land tenure of the tribes is corrupted by the use of

language adapted to feudal institutions that had no existence among

them. In this _lineage_ we are warranted in recognizing an Aztec gens;

and in this _lord_ an Aztec sachem, whose office was hereditary in the

gens, in the sense elsewhere stated, and elective among its members.

If descent was in the male line, the choice would fall upon one of

the sons of the deceased sachem, own or collateral, upon a grandson,

through one of his sons, or upon a brother, own or collateral. But

if in the female line it would fall upon a brother or nephew, own or

collateral, as elsewhere explained.

The sachem had no title whatever to the lands, and therefore none to

transmit to any one. He was thought to be the proprietor because he

held an office which was perpetually maintained, and because there was

a body of lands perpetually belonging to a gens over which he was a

sachem. The misconception of this office and of its tenure has been the

fruitful source of unnumbered errors in our aboriginal histories. The

_lineage_ of Herrera, and the _communities_ of Clavigero were evidently

organizations, and the same organization. They found in this body of

kindred, without knowing the fact, the unit of their social system—a

gens, as we must suppose.

Indian chiefs are described as lords by Spanish writers, and invested

with rights over lands and over persons they never possessed. It

is a misconception to style an Indian chief a lord in the European

sense, because it implies a condition of society that did not exist.

A lord holds a rank and a title by hereditary right, secured to him

by special legislation in derogation of the rights of the people as a

whole. To this rank and title, since the overthrow of feudalism, no

duties are attached which may be claimed by the king or the kingdom as

a matter of right. On the contrary, an Indian chief holds an office,

not by hereditary right, but by election from a constituency, which

retained the right to depose him for cause. The office carried with

it the obligation to perform certain duties for the benefit of the

constituency. He had no authority over the persons or property or lands

of the members of the gens. It is thus seen that no analogy exists

between a lord and his title, and an Indian chief and his office. One

belongs to political society, and represents an aggression of the

few upon the many; while the other belongs to gentile society and is

founded upon the common interests of the members of the gens. Unequal

privileges find no place in the gens, phratry or tribe.

Further traces of the existence of Aztec gentes will appear. A _prima

facie_ case of the existence of gentes among them is at least made

out. There was also an antecedent probability to this effect, from the

presence of the two upper members of the organic series, the tribe, and

the confederacy, and from the general prevalence of the organization

among other tribes. A very little close investigation by the early

Spanish writers would have placed the question beyond a doubt, and, as

a consequence, have given a very different complexion to Aztec history.

The usages regulating the inheritance of property among the Aztecs have

come down to us in a confused and contradictory condition. They are

not material in this discussion, except as they reveal the existence

of bodies of consanguinei, and the inheritance by children from their

fathers. If the latter were the fact it would show that descent was

in the male line, and also an extraordinary advance in a knowledge

of property. It is not probable that children enjoyed an exclusive

inheritance, or that any Aztec owned a foot of land which he could call

his own, with power to sell and convey to whomsoever he pleased.

II. _The Existence and Functions of the Council of Chiefs._

The existence of such a council among the Aztecs might have been

predicted from the necessary constitution of Indian society.

Theoretically, it would have been composed of that class of chiefs,

distinguished as sachems, who represented bodies of kindred through an

office perpetually maintained. Here again, as elsewhere, a necessity is

seen for gentes, whose principal chiefs would represent the people in

their ultimate social subdivisions as among the Northern tribes. Aztec

gentes are fairly necessary to explain the existence of Aztec chiefs.

Of the presence of an Aztec council there is no doubt whatever; but of

the number of its members and of its functions we are left in almost

total ignorance. Brasseur de Bourbourg remarks generally that “nearly

all the towns or tribes are divided into four clans or quarters whose

chiefs constitute the great council.”[216] Whether he intended to limit

the number to one chief from each quarter is not clear; but elsewhere

he limits the Aztec council to four chiefs. Diego Duran, who wrote his

work in 1579-1581, and thus preceded both Acosta and Tezozomoc, remarks

as follows: “First we must know, that in Mexico after having elected a

king they elected four lords of the brothers or near relations of this

king to whom they gave the titles of princes, and from whom they had to

choose the king. [To the offices he gives the names of Tlacachcalcatl,

Tlacatecal, Ezuauacatl, and Fillancalque].... These four lords and

titles after being elected princes, they made them the royal council,

like the presidents and judges of the supreme council, without whose

opinion nothing could be done.”[217] Acosta, after naming the same

offices, and calling the persons who held them “electors,” remarks that

“all these four dignities were of the great council, without whose

advice the king might not do anything of importance.”[218] And Herrera,

after placing these offices in four grades, proceeds: “These four

sorts of noblemen were of the supreme council, without whose advice

the king was to do nothing of moment, and no king could be chosen but

what was of one of these four orders.”[219] The use of the term king

to describe a principal war-chief and of princes to describe Indian

chiefs cannot create a state or a political society where none existed;

but as misnomers they stilt up and disfigure our aboriginal history

and for that reason ought to be discarded. When the Huexotzincos sent

delegates to Mexico proposing an alliance against the Tlascalans,

Montezuma addressed them, according to Tezozomoc, as follows: “Brothers

and sons, you are welcome, rest yourselves awhile, for although I am

king indeed I alone cannot satisfy you, but only together with all the

chiefs of the sacred Mexican senate.”[220] The above accounts recognize

the existence of a supreme council, with authority over the action of

the principal war-chief, which is the material point. It tends to show

that the Aztecs guarded themselves against an irresponsible despot,

by subjecting his action to a council of chiefs, and by making him

elective and deposable. If the limited and incomplete statements of

these authors intended to restrict this council to four members, which

Duran seems to imply, the limitation is improbable. As such the council

would represent, not the Aztec tribe, but the small body of kinsmen

from whom the military commander was to be chosen. This is not the

theory of a council of chiefs. Each chief represents a constituency,

and the chiefs together represent the tribe. A selection from their

number is sometimes made to form a general council; but it is through

an organic provision which fixes the number, and provides for their

perpetual maintenance. The Tezcucan council is said to have consisted

of fourteen members,[221] while the council at Tlascala was a numerous

body. Such a council among the Aztecs is required by the structure and

principles of Indian society, and therefore would be expected to exist.

In this council may be recognized the lost element in Aztec history.

A knowledge of its functions is essential to a comprehension of Aztec

society.

In the current histories this council is treated as an advisory board

of Montezuma’s, as a council of ministers of his own creation; thus

Clavigero: “In the history of the conquest we shall find Montezuma

in frequent deliberation with his council on the pretensions of

the Spaniards. We do not know the number of each council, nor do

historians furnish us with the lights necessary to illustrate

such a subject.”[222] It was one of the first questions requiring

investigation, and the fact that the early writers failed to ascertain

its composition and functions is proof conclusive of the superficial

character of their work. We know, however, that the council of chiefs

is an institution which came in with the gentes, which represents

electing constituencies, and which from time immemorial had a vocation

as well as original governing powers. We find a Tezcucan and Tlacopan

council, a Tlascalan, a Cholulan and a Michoacan council, each composed

of chiefs. The evidence establishes the existence of an Aztec council

of chiefs; but so far as it is limited to four members, all of the

same lineage, it is presented in an improbable form. Every tribe in

Mexico and Central America, beyond a reasonable doubt, had its council

of chiefs. It was the governing body of the tribe, and a constant

phenomenon in all parts of aboriginal America. The council of chiefs

is the oldest institution of government of mankind. It can show an

unbroken succession on the several continents from the Upper Status of

savagery through the three sub-periods of barbarism to the commencement

of civilization, when, having been changed into a preconsidering

council with the rise of the assembly of the people, it gave birth to

the modern legislature in two bodies.

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.

It has been shown among the Iroquois that the warriors could appear

before the council of chiefs and express their views upon public

questions; and that the women could do the same through orators of

their own selection. This popular participation in the government led

in time to the popular assembly, with power to adopt or reject public

measures submitted to them by the council. Among the Village Indians

there is no evidence, so far as the author is aware, that there was an

assembly of the people to consider public questions with power to act

upon them. The four lineages probably met for special objects, but this

was very different from a general assembly for public objects. From the

democratic character of their institutions and their advanced condition

the Aztecs were drawing near the time when the assembly of the people

might be expected to appear.

The growth of the idea of government among the American aborigines,

as elsewhere remarked, commenced with the gens and ended with the

confederacy. Their organizations were social and not political.

Until the idea of property had advanced very far beyond the point

they had attained, the substitution of political for gentile society

was impossible. There is not a fact to show that any portion of the

aborigines, at least in North America, had reached any conception

of the second great plan of government founded upon territory and

upon property. The spirit of the government and the condition of the

people harmonize with the institutions under which they live. When the

military spirit predominates, as it did among the Aztecs, a military

democracy rises naturally under gentile institutions. Such a government

neither supplants the free spirit of the gentes, nor weakens the

principles of democracy, but accords with them harmoniously.

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