15. The Constitution’s elements and American democracy were discussed for years prior to the Revolution
The precept adopted by the Founders when they debated the form of American government in 1787 were all well known among them. Bicameral legislative bodies existed in several European governments, including in Holland, and of course in the United Kingdom, where Parliament consisted of an elected lower house, Commons, and a hereditary House of Lords. At the time of the American Revolution, elected colonial legislatures had debated laws and ordinances, including internal taxation, for decades. The idea of a body of representatives voting democratically on issues affecting those who elected them had been present in American society since the Virginia Assembly first convened in 1619. Within a few years, the New England town meeting had taken hold as a form of a democratic government there. Yet the practice persists of linking American democratic notions to those of the Iroquois Confederation.
Americans at the time of the Constitutional Convention were certainly aware of the existence of the Iroquois, though the extent of their knowledge of the Native’s practices and government varied widely. Most of the framers of the Constitution had some knowledge of their government, having met many of the Iroquois leaders prior to and after the Revolutionary War. At the time, those framers were already sitting together in a Congress, with some similarities to the Great Council of the Iroquois, at least as regards what their assemblage was intended to accomplish. Were they emulating the Iroquois and their notions of democratic government? Some continue to contend they were, and that they adopted attitudes which influenced the shaping of the Constitution and the subsequent Bill of Rights, though concrete evidence of that as the fact remains elusive.
16. Some claim the Iroquois did possess a bicameral legislature, and an executive
In recent years, to give support to the Iroquois influence thesis, some writers have argued the Great Council of the Iroquois was a de facto bicameral legislative body. The appearance of having two houses came from the manner in which the council deliberated. According to this argument, issues before the council were first debated by the Mohawk and the Seneca. After they reached consensus, the issue appeared before the Oneida and Cayuga. If they reached consensus the issue appeared before the Onondaga, who implemented the decision across the Confederation. Unless they disagreed, in which case the issue was returned to the tribes for further deliberation. If it again cleared the process with consensus, the Onondaga implemented the decision. This process gave the Onondaga, which had the most seats on the council, the authority to veto, and the other tribes the ability to override such vetoes.
The process as described leaves questions, the most obvious being: What of the Tuscarora? They joined the Confederation in 1722. If one of the five preceding tribes, say for instance the Oneida, failed to concede with all of the others the issue remained undecided, hardly a democratic result. Nor was this feature present in the plan for a colonial Great Council proposed by Franklin in 1754 at Albany. And as noted elsewhere, the Iroquois law apportioned sachems to the council based on the perceived importance of each tribe to the confederation, rather than on population. At one time the Seneca were the largest tribe of the Confederation by population. But the Onondaga held the highest number of sachems on the council, based on hereditary right of accession. The true political power of the Iroquois Confederation lay with the matriarchs who decided who represented their tribes on the council.
17. The Constitution of the Iroquois Confederation is a long and complex document
The Iroquois Constitution, variably called the Great Peace, Grand Peace, Great Law, and other names covers a vast array of cultures, laws, and religions. In one translation, described as “â¦at best it can be reconstructed from legend and spoken history” it runs through 117 separate articles. It covers law, the relationship of the member tribes, religious observances, emigration, relationships with outsiders, the power to declare war, the process of changes to the law and other governmental issues, and even the conduct of funerals and periods of mourning. As such it is a legal document, a treaty between the Five Tribes, and a collection of religious rites. It begins with the words, “I am Dekanawidah and with the Five Nations’ Confederate Lords I plant the Tree of Great Peace.” It does not contain the words “We the People”, alleged by some to have been so quoted from it by John Rutledge.
It established the Onondaga as the keepers of the council fire, and the Mohawk “â¦Lords as the heads and the leaders of the Five Nations Confederacy”. In contrast, the US Constitution did not name a specific state as the supreme state, and instead went to great lengths to prevent one state from dominating the others. The Great Law of Peace also specifies no laws can be passed in the Great Council without the Mohawk Lords’ being present. It contains many other significant differences which make the Confederation less a democracy than autocracy. The autocracy comes from the power of the sachems, the hereditary nature of their positions, and the authority of the matriarchs when appointing them. It also distributes representation unequally between the tribes, and it offers no process for amendments. Lastly, it is a given law, akin to those presented to the Israelites described in the Hebrew Bible.
18. The elected Pine Tree Chiefs could sit on the Great Council
The Iroquois allowed for the election of so-called Pine Tree Chiefs to be elected to sit at the Great Council. These were men who had distinguished themselves through their leadership, warrior skills, oratory, or abilities at diplomacy. Their positions were not hereditary, nor could they designate their own successor. If they opposed consensus during deliberations they were allowed to remain, but their arguments were no longer allowed to be presented to the council. One Pine Tree Chief, known as Skenandoa, or Shenandoah, violated Iroquois policy during the Revolutionary War. Working with a matriarch Skenandoah delivered over 250 (although several sources claim different amounts) bushels of maize to the American encampment at Valley Forge during the spring of 1778. There, he met with George Washington before returning to the Oneida lands in New York. The other five nations of the Iroquois were then allied with the British.
Some Tuscarora warriors joined with Skenandoah and his Oneida band in action against the British during the Revolutionary War. The Tuscarora had joined the original five tribes of the confederation in 1722, having migrated to the New York region from Virginia and North Carolina. Although accepted into the confederation, they were granted no seats at the Great Council. They had no sachem to speak for them, and could not send Pine Tree Chiefs to the council. Instead, the Tuscarora had to petition the Cayuga to present their grievances or issues of concern to the sachems, and accept the decisions of the council without protest. Thus the Tuscarora had no means to participate in the government of the Confederation of which they were a member, as either individuals or through tribal representation.
19. Life in the Iroquois Confederation varied among the tribes
The Iroquois people of central and upstate New York lived in towns, consisting of long houses built of poles and bark. By the time of the Sullivan Expedition of the Revolutionary War, many had glass panes in their windows. When a man married, he left his family and moved into the home of his wife’s family. Many of the long houses held several extended families or clans. The head of the family, and seat of power within the clans, was the matriarch. The daily lives of men and women were defined to some extent by the Great Law. Men hunted, fished, trapped, conducted raids on enemies, acted as couriers between towns, and debated issues. Women cared for the home, raised the children, planted and harvested the crops, cooked the food. Women also made the final decisions over legal matters such as land use and divisions of property. Only women owned land.
Men made the legal decisions regarding treaties, trade agreements, and whether or not to go to war. Within the tribes, internal decisions affecting only their settlements were made by their chiefs, who were selected by the clan matriarch. Thus the Iroquois was more of a union of allied nations than an operating democracy. None of the five, and eventually six, tribes elected their chiefs except under special circumstances, and even they required the approval of the matriarch. Among the tribes, the Mohawk were the most prone to war, with their Algonquian neighbors as well as the European settlers during the colonial period. Individual tribes could go to war without the approval of the Great Council, and frequently did.
20. Did the Iroquois Confederation influence the Founders when they created the Constitution?
There are some scholars and historians who believe without question the Iroquois Confederation served as the basis of deliberation which led to the US Constitution. However, the notes and subsequent writings of the delegates who were there do not support the contention. There is no doubt several of the framers, especially those from New York and Pennsylvania, as well as George Washington and John Adams, were aware of the Iroquois form of government. Subsequent anecdotal evidence, such as the story of John Rutledge reading from the Iroquois Great Law to the delegates is proved false. The words Rutledge is said to have read, which formed the basis of the Preamble to the Constitution, do not appear in the Iroquois Constitution. No other delegate recorded Rutledge’s reading Iroquois law to the delegates. Native governments may have been discussed, but there is little evidence to support serious consideration.
Moreover, the Iroquois system was and is based on hereditary positions, a system which the delegates in Philadelphia deliberately strove to avoid. They had, after all, just fought a long and bloody war to free themselves of such a government. The Founders created a system which operated under majority rule, with safeguards to protect the rights of the minority. They rejected the idea of a consensus democracy as practiced by the Iroquois (and which is the basis of government in Switzerland, Austria, and other western nations today). In 2014 Politifact considered the issue of Iroquois influence on the Constitution of the United States and found it to be “mostly false”. They noted, “â¦Major elements of the Iroquois system are altogether absent in the US governmentâ¦” and further observed the precedents of European governments were more influential. Nonetheless, those convinced of Iroquois influence are unlikely to be persuaded otherwise.
Where do we find this stuff? Here are our sources: