The Iroquois Confederacy 1

THE IROQUOIS CONFEDERACY LEGAL SYSTEM:

A BRIEF LOOK AT THE HAUDENOSAUNEE PEOPLE

Questions to Consider: Read the handout, and then answer each question ona separate piece of
paper. Please write out the question.

1. What is the Iroquois Confederacy?

2. How did they come to be?
3. To what extent are they similar or different to Rome in terms of each theme:
a. geography
b. law
c. government structure
d. social structure

INTRODUCTION:
The Iroquois Confederacy has been called one of the most influential legal systems in the world. It is
described as the "oldest, living participatory democracy on Earth" that was and continues to be, governed
by the complete consent of the people.

Perhaps, the best way to describe the Iroquois Confederacy is that they ...have a unique relationship to
the new world and other nations. The federal treaties we have are very distinctive and provide the
Haudenosaunee with a special status in Indian law. We maintain a government to government relations.
We are not wards of the United States. We are independent nations, sovereign and free in our own
territories. This quote found at one of the official website of the Iroquois, at:
http://sixnations.buffnet.net/Culture/.

My interest in the Iroquois legal system stems from the integration of morals, culture and religion into
their legal system, social framework and way of life. Unlike the modern legal systems of the world that
make a strict distinction between the law and morality, the Iroquois Constitution does not make such
distinction. In Iroquois life, there appears to be a respect between the law, society and nature. Each
individual is revered to have a unique and integral role in society for the ultimate fulfillment of spiritual
and political goals. An example of this moral integration is that religious ceremonies are enumerated and
protected under Articles 99-104 of the Iroquois Constitution, but yet the freedom of religion is also
simultaneously protected by allowing each Nation to keep its own rituals.
See http://www.law.ou.edu/hist/iroquois.html for the text of the Iroquois Constitution.

HISTORY OF THE IROQUOIS CONFEDERACY:

What is the meaning of Iroquois?:
The people of the Iroquois Confederacy actually call themselves the Hau de no sau nee (pronounced ho
dee noe sho nee) or People of the Longhouse. The term "Iroquois" was in fact coined by the French to
describe the oral tradition of the Haudenosaunee people. This oral tradition is based on the ancient
practice that the Haudenosaunee ended their orations with the two words hiro and kone. The first meant "I
say" or "I have said" and the second was an exclamation of joy or sorrow according to the circumstances
of the speech. The two words, joined and made subject to French pronunciation, became Iroquois. This
information was taken from ``Chapter 3, "Our Indians Have Outdone the Romans",'' Forgotten Founder at
http://www.ratical.org/many_worlds/6Nations/FFchp3.html

However, after having researched the "Iroquois" system, I found that the people call themselves
Haudenosaunee, and not Iroquois. When referring to themselves in an official capacity, they call
themselves not by their "given" name, but by their real name Haudenosaunee. Therefore, out of respect, I
will refer to the Iroquois as Haudenosaunee, and not Iroquois. Unfortunately, the world has gotten to
The Iroquois Confederacy 2

known them by their "given name", Iroquois, so as far as legal documentation is concerned, the
Confederacy has the Iroquois name. Therefore, the term Iroquois will only be used when applying it to
the Confederacy or to describe areas of law.

Today, the Iroquois Confederacy is composed of Six Tribal Nations. When it was first composed, the
Confederacy consisted of only five families and each had the title of a nation. These nations were named
respectively, Mohawks, Oneidas, Onondagas, Cayugas, and Senecas. These first five Nations were further
divided into two groups: the Elders, (consisting of the Mohawk, the Onondaga and the Seneca) and the
Younger, the Oneida and the Cayuga. Although much deference is owed to the Elders of the tribes, all
decisions of the Confederacy had to be unanimous despite this distinction. Each tribe had its symbol coat
of arms such as the bear, the wolf, the eagle, the heron, the beaver, the turkey or the tortoise.

The sixth nation, the Tuscaroras, migrated into Iroquois country in the early eighteenth century,
approximately 1714. Together these peoples comprise the oldest living participatory democracy on earth.

The Origins of the Iroquois Confederacy

Like other chthonic traditions, the history of the Haudenosaunee people is rich with folktales, myths,
legends and oral traditions. One of these historic myths is the legend of Hi-a-wat-ha, who is believed to
be the founder of the Confederacy. The Haudenosaunee tradition describes Hi-a-wat-ha (who is now
revered as the incarnation of wisdom) as having descended from his dwelling in the skies, and who took
up his abode with the Onondagas, then the most favored of the Five Nations of the great Iroquois family.
Legend has it that Hi-a-wat-ha taught them principles that now are at the core of the Confederacy: the art
of good living; the value and strength of mutual friendship and good-will, and the advantages of having
fixed habitations and the cultivation of the earth.

The Birth of the Iroquois Confederacy:

The following speech is said to have been delivered by Hi-a-wat-ha to the Five Nations prior to
establishing the Confederacy. The speech later became the foundation of the Iroquois Constitution, or
the Great Binding law known as Gayanashagowa:

"You (the Mohawks) who are sitting under the shadow of The Great Tree whose roots sink deep into the
earth, and whose branches spread wide around, shall be the first nation, nearest the rising of the sun,
because you are warlike and mighty.

"You (Oneidas) who recline your bodies against The Everlasting Stone, emblem of wisdom, that cannot
be moved, shall be the second nation, because you always give wise counsel.
"You (the Onondagas) who have your habitation at the foot of The Great Hills, and are overshadowed by
their crags, shall be the third nation, because you are all greatly gifted in speech.

"You (the Cayugas) the people who live in The Open Country, and possess much wisdom, shall be the
fourth nation, because you understand better the art of raising corn and beans, and making houses.

You (the Senecas) whose dwelling is in The Dark Forest nearer the setting sun, and whose home is
everywhere, shall be the fifth nation, because of your superior cunning in hunting.

"Unite, you five nations and have one common interest, and no foe shall disturb or subdue you. You, the
people, who are as the feeble bushes, and you who are a fishing people (addressing some who had come
from the Delawares, and from the sea-shore), may place yourselves under our protection, and we will
defend you. And you of the South and West may do the same-we will protect. We earnestly desire the
alliance and friendship of you all. Brothers, of we unite in this great bond, the Great Spirit will smile upon
us, and we shall be free, prosperous and happy. But if we remain as we are we shall be subject to his
frown. We shall be enslaved, ruined, perhaps annihilated. We may perish under the war-storm, and our
names be no longer remembered by good men, nor repeated in the dance and song. Brothers, these are the
words of Hi-a-wat-ha. I have said it. I am done."
The Iroquois Confederacy 3

Legend continues that Hi-a-wat-ha then ascended back into the heavens in a mysterious canoe and
vanished. The Confederacy was established the following day.

The First President of the Confederacy:

The first President was Atatarho, a chief of the Onondagas, who was chosen for his eminent wisdom and
valor. His title was Grand Sachem of the League. The Presidency was conferred upon him by a
delegation of the Mohawks who upon their arrival, found him seated in a dark swamp, smoking his pipe
and with drinking vessels around him made of the skulls of his enemies. Upon announcing their mission
to offer him the Presidency, Atatarho supposedly arose and accepted the office. The serpents were
transformed into a mantle of bear's skin' and following the delegation and accepted the will of the sages
and warriors of the confederated nations. The Confederacy has been in existence ever since.

GEOGRAPHY:
The Iroquois have often been compared to the ancient Romans because when the Europeans arrived, the
state was increasing in area and population, by conquests and annexations resulting from superior military
strength. Some theorists propose that if America had been discovered a century later, there would be no
doubt that the Confederacy would have expanded throughout the entire American continent. The Five
Nations, as the Confederacy was initially called, extended from the Great Lakes almost to the Gulf of
Mexico. Moreover, they occupied a belt of country extending across the present State of New York from
the Hudson River to Lake Erie, south of the Adirondack range, and north of the Kaatsbergs, or, as they are
presently called, the Catskill Mountains.

Prior to the conquest, all together the Iroquois Confederacy held as its own 24,894,080 acres of some of
the most beautiful and resource wealthy lands in all of North America. However, in 1995 the Iroquois
hold but a fraction of their former lands. After years of expropriation by New York State officials, various
public work agencies and the United States the following is what is left: Mohawk land in New York as
been reduced to 14,640 acres in Franklin County referred to as the "St. Regis Indian Reservation" or,
more correctly, the Akwesasne Mohawk Territory. Technically the Oneidas live on 32 acres in Madison
County but have been purchasing additional lands. They now have an estimated 3,000 acres in their
possession. Only 7,300 acres remain to the Onondagas on their territory, mistakenly called a
"reservation", south of Syracuse. Cayugas have no land left in New York; they live primarily on the
Cattaraugus Seneca lands or on the Six Nations Reserve west of Hamilton, Ontario. Tonawanda is the
traditional capital of the Seneca Nation with 7,317 acres in Niagara, Genesee and Erie counties. They
were required to buy their ancestral land back from speculators in 1850 when the United States refused to
recognize their claims to protection under the 1794 Treaty of Canandaigua.

Just west of Tonawanda live the Tuscaroras on 5,778 acres. They had initially been granted the right to
settle in Oneida territory but were forced to move to Niagara County after the American Revolution. Total
land holdings for the Iroquois in 1995 are about 86,716 acres remaining from the original 25,000,000 or .
034% of what we once had.

The above statistics and information from the Geography section is found at:
http://www.ratical.org/many_worlds/6Nations/HowMuchLand.html.

THE IROQUOIS LEGAL SYSTEM:

The discussion in this section is extracted from a paper written by Kanatiyosh, who is Onondaga/Mohawk
and who prepared the paper while she was in her third year of law school at Arizona State University
College of Law. For more information, please visit: http://www.iroquois.net/. And click on History
Page.

The Great Law: Gayanashagowa.

The Iroquois Confederacy 4

The Haudenosaunee are unique because of their social and political structure. They are governed by the
Great Law, or Gayanashagowa, which is an accord among the Six Nations that bans bloodshed and
ensures peace as a way of life. There has been much debate as to when exactly the Great Law originates
back to. However, the official Haudenosaunee website suggests that the Great Law of Peace dates back to
between 1000 and 1400 A.D. At the time of the conquest, the Confederacy has been described as a
sophisticated political and social system that united their territories in a symbolic longhouse that stretched
across what is now the state of New York.
For further discussion on the Longhouses, please visit:
http://www.carnegiemuseums.org/cmnh/exhibits/north-south-east-west/iroquois/longhouse.html.

Early Political Activity:

From its inception, Haudenosaunee political activity within the Confederacy reflected a true democracy.
If a legal topic arose that needed enactment into the Confederacy, the major tribe, the Onondaga,
introduced it and offered it to the Mohawk for consideration. When a decision was reached by the
Mohawk, they passed it to the Seneca. A joint decision was announced to the groups across the fire in
the Longhouse for deliberation. Upon a reached agreement, the tribes would then report to the Onondaga
Council leader, and if he agreed, the decision became unanimous. If not, the negotiation process began
again with the Mohawk. If unanimity was impossible, the legal matter was then set aside and the fire
covered with ashes. At the conclusion of a session, the acts of the council were recorded in the belts of
wampum.

Recording Legal Tradition: The Wampums

To record the laws and other official purposes or religious ceremonies the Haudenosaunee used and still
use wampum, a long cylinder shaped bead made from quahog clamshell (the purple beads) and Atlantic
Whelk (the white beads). Kanatiyosh explains that to aid their memory, the Iroquois used shells and shell
beads. The Europeans called the beads wampum, from wampumpeag, a word used by Indians in the area
who spoke Algonquin languages.

Kanatiyosh further explains the meaning of the main wampum. Traditionally, the Hiawatha belt
represents the unity of the original Five Nations and is read from the right to the left. (See wampum
picture above). The first square, on the right, represents the Mohawk Nation. The second square
represents the Oneida Nation. The heart or the tree in the middle of the Hiawatha belt represents the
Onondaga Nation. The square to the left of the tree represents the Cayuga Nation, and the farthest square
to the left represents the Seneca Nation. The small white lines that lead away from the Seneca and
Mohawk Nations represent paths that welcome others to join the Confederacy, but under the condition
that the new nations agree to follow the Hiawatha's message of the Great Law of Peace. See for more
explanation of wampums, http://www.iroquois.net/.

THE IROQUOIS GOVERNMENT STRUCTURE:

Through the Great Law of Peace, the Confederacy is a complex structure that composed of separation of
powers, checks and balances, ratification, public opinion, and equality of all peoples. As other chthonic
legal traditions hold, the Iroquois contain a balance between the responsibilities of nature and the people.
The premise is that all people in the Nations have a special job and responsibility that is particular to his
or her situation. Each nation retains its autonomy to deal with its internal affairs, and simultaneously,
there exists a Grand Council that deals with the problems that may affect all the other Nations within the
Confederacy.

The Grand Council

The sole governing authority of the Haudenosaunee people is the Grand Council of Chiefs, who operates
under the Great Law of Peace. The laws of the United States or Canada are inapplicable and the
Haudenosaunee territories are sovereign. The Grand Council is composed of the original Five Nations and
the Tuscarora, who joined the Confederacy in approximately 1714. The Grand Councils "decision-
making process somewhat resemble[s] that of a two-house congress in one body, with the 'older brothers'
The Iroquois Confederacy 5

and 'younger brothers' each comprising a side of the house." The Onondaga occupy "an executive role,
with a veto that could be overridden by the older and younger brothers in concert. Cite found at: BRUCE
JOHANSEN, FORGOTTEN FOUNDERS: HOW THE AMERICAN INDIAN SHAPED DEMOCRACY
xiv (1982) at http://www.tuscaroras.com/graydeer/influenc/page1.htm.

The 22nd Wampum describes the deliberation process of the Grand Council: The matter first goes to
the Mohawk and Seneca for deliberation, and then it goes to the Cayuga and Oneida for their deliberation.
It is then given to the Onondaga, the Keepers of the Fire whose responsibilities include the recordkeeping
of the meetings. The wampum further stipulates that the matter is then turned over to one Onondaga
Chief, Hononwiretonh, for final approval and only if all others are in consensus. If he refuses to sanction
the solution, then no other chief has the authority to pass the legislation. The Hononwiretonh, however, is
not allowed to refuse sanctioning the matter unless there is a strong basis for his refusal. BARBARA
BARNES, TRADITIONAL TEACHINGS 37 (1984) at
http://www.tuscaroras.com/graydeer/influenc/page2.htm.

Thus, it is evident that the Great Law provides for numerous checks and balances of power and depends
on consensus of all fifty chiefs for its decision making.

Illustrative Example: The Autonomy of the Council of the Mohawk.

The Mohawk nation is one example of the autonomy each Nation reserves within the Confederacy. The
autonomous powers of the Mohawk nation are enumerated in the 11th Wampum of the Great Law of
Peace, which describes its duties and responsibilities. The Mohawk Nation is comprised of 9 chiefs, who
are further divided into 3 Wolf Clan Chiefs, 3 Bear Clan Chiefs, and 3 Turtle Clan Chiefs. The Turtle Clan
Chiefs get the issue first, and if it is of importance, the matter is discussed and deliberated. When they
come to a conclusion, they then pass the issue over to the Wolf Clan for their consideration. If the Wolf
Clan agrees upon the solution given by the Turtle Clan, the issue then goes back to the Turtle Clan. The
Turtle Clan then takes the solution and gives it to the Bear Clan who has heard the Turtle and Wolf Clan's
discussion, and they further discuss the issue. If the Bear Clan Chiefs agree to the conclusion, they then
will sanction the agreed upon solution. Therefore, when all of the Mohawks are of one mind, they are in
accordance with the Great Law of Peace and the solution is reached through consensus. Quote is taken
from Kanatiyoshs paper at: http://www.iroquois.net/. And click on History Page.

The Civil Power of the Nations

Each of the confederated nations is divided into several tribes, resulting in approximately thirty or forty.
These tribes have inferior officers who answer or report to respective magistrates in towns. The officers
are elected directly by the people. A man is allowed to maintain his office by his own merits, and can hold
it only during good behavior. See Articles 17-34 of the Iroquois Constitution at
http://www.law.ou.edu/hist/iroquois.html#rdl

Any unworthy action warrants a dismissal from office and the penalty of public scorn. The officers and
the military leaders accept no salary because their reward was the confidence and esteem of the people.
To this day, Haudenosaunee law remains unchanged and the system continues to guide the Grand Council
of the People of the Longhouse and has influenced nations outside of the Confederacy as well. For more
information on the duties and rights of the chiefs and officers, see
http://www.law.ou.edu/hist/iroquois.html#rdl.

THE IROQUOIS SOCIAL SYSTEM:

The Basic Social Unit:
The Clan
The clan is the basic functional social unit of the Haudenosaunee. A clan is a group of families that
share a common female ancestry. The clans are both matrilineal and a matriarchy, where the women
possess most of the political power and who bear the responsibility for its function. Family names and
clans are passed down through the mother to the daughter and so any children then belong to the mothers
The Iroquois Confederacy 6

clan. Clans are named after animals that have special significance or have served in a special assistance to
the people: water (turtle, eel, beaver); land (bear, deer, wolf), sky (snipe, heron, hawk). If a Mohawk
woman of the Wolf Clan marries a Tuscarora man of the Beaver Clan, their children will be Mohawks of
the Wolf Clan. If a Tuscarora woman marries a Tuscarora of he beaver clan, their children will be
Tuscaroras of the Beaver clan. If an Indian man marries a non-Indian, their children will not have a
Haudenosaunee nationality or a clan.

The members of each clan are considered relatives and marriages within the same clan are forbidden.
Identity is seen as a series of concentric circles: in the center is the fireside family (your mother, father,
sisters and brothers); next is the extended family (your clan); next is you nationality (the nation); then is
union of nations (Haudenosaunee).

The Clan as a Political Entity

It should be noted that in this social structure, both men and women were considered equal, neither being
superior to the next. The political system also relies heavily on the clan structure. The decisions are made
through consensus of the people, making the Confederacy one of the world's first true democracies.

Each nation has a different number of clans, with all having the turtle, bear and wolf clans. Each clan may
have more than one chief, or Hoyaneh. As an example, among the Mohawk, there are three turtle
Hoyaneh, three wolf Hoyaneh, and three bear Hoyaneh, making nine chiefs altogether that make up their
national council of chiefs, who serve as the Mohawk delegates to the Grand Council of Chiefs. The
Onondaga have 14 hoyaneh; the Seneca have 8; the Cayuga have 10; the Oneida have 9; and the
Tuscarora have 6.

IROQUOIS INFLUENCE ON THE NEW WORLD

The infomation in this section is also acquired from Kanatiyosh's paper found at www.iroquois.net. and
click on the "History Page" and the paper is titled "Influence of the Great Law of Peace on the United
States Constitution".

The United States Constitution has often been said to be strongly influenced by the Confederacy. The
modern United States government contains elements that are strikingly similar to that of the Grand
Council's enumerated powers. One example is the authority of the chief magistrate of the Grand Council,
who is often likened to that of the modern Presidential powers.

Grand Council- An example for modern government

The chief magistrate had authority to assemble the General Congress by sending a messenger to the
sachem of each nation, calling him to a meeting. With his own hand he kindled a blaze around which the
representatives gathered and each lighted his pipe. He had a cabinet of six councilors of state, whose
powers were only advisory. In the Council, he was only the moderator or presiding officer. He had no
power to control, directly, military affairs, nor interfere with the internal policy of the several states of the
league. Additionally, there was really no coercive or compulsory power lodged anywhere that could act
upon a state or individual.

Moreover, there was a third party in the government, composed of the matrons or elderly women, who
exercised great influence. The matrons had a right to sit in the councils and exercise veto power on the
subject of a declaration of war, or to propose or demand a cessation of hostilities. By choice, and not by
law, the women refrained from making speeches in the legislature, but they provided the male councilors
with their materials of influence and opinions.

It is believed that the original United States representative democracy, as established by Benjamin
Franklin and Thomas Jefferson, drew inspiration from this confederacy of nations.
The Iroquois Confederacy 7

THE WOMEN OF THE IROQUOIS:

The Role of the Clan Mother:
The Peace Maker selected Chiefs and Clan Mothers to represent the clans. The oldest woman of the clan
is called the Clan Mother. The clan mother, whose position is hereditary, is responsible for the welfare of
the clan. She names all the people of the clan; she holds a position in nominating, installing and removing
the male chief, called Hoyaneh, meaning Caretakers of the Peace. She also monitors his actions and
counsels the people of her clan. Her job in the past was to arrange marriages, counsel members, select the
male candidate for chief, monitor his actions and remove him from office if necessary. The Clan Mother's
title rests within the clan and it is usually passed on to her female relatives, looking first at her eldest
sisters, other sisters, then her eldest daughter and other daughters to find the one deemed most appropriate
to become the next Clan Mother.

The rights of the women within a clan include the following:

"Descent of blood that determines citizenship.
Possession of official titles for clan mothers, chiefs, faithkeepers, pine tree chiefs and war chiefs.
Own the home and all of the furnishings.
Children belong to her family.
Use of clan lands.
Food distribution
Right to nominate, confirm, and depose male chiefs.
Right to adopt foreigners or prisoners.
Power to forbid brothers and sons from going to war.
Power to grant life or death of prisoners.
Power to maintain the national resources.
Right to burial grounds for sons, brothers, daughters and sons."

CONCLUSION:
The Haudenosaunee continue to struggle to live as a sovereign people engulfed by a dominant and
powerful state. They struggle to live as a distinct people who strive to maintain thousands of years worth
of tradition amidst a technological progressive environment. As they themselves have posed, the key
question to ask may be: Will Native Americans be content to accept progress in their economic and social
development, while experiencing little progress in achieving greater levels of political autonomy?
http://law.cua.edu/ComparativeLaw/Iroquois/index.htm#Introduction-%20What%20is%20the
%20Iroquois%20Confederacy?