Constitution

So much of what is taught in our schools as United States history is a woven of distorted facts and presented to our students as the truth.  One of the functions of the American Indian Education Center is to reveal true American history, especially as it pertains to the part of that history played by the indigenous people of this land.  The following is an example of that true, undistorted history and gives a flavor of the profound part that Native Americans played in the evolution of the United States and it's government.

             SEQ CHAPTER \h \r 1There are those who believe that the early leaders of the thirteen colonies stole their constitution from the First Peoples of this land, namely, the Iroquois Confederacy.  This is only partly true.  On July 4, 1744, the Onondaga chief Canassatego attended a meeting between the Indians and the British in Lancaster Pennsylvania, in which he urged the British to replace their colonial form of government with something more reasonable and workable..  As later reported by Dr. Cadwalder Colden, after listening respectfully to the proceedings for some time Canassatego requested permission to speak.  And he said,

My friends, I am honored that you have invited me to your gathering of leaders.  I have listened to your words, and I have heard them.  You have been arguing amongst yourselves and have walked the same ground many times over without finding ground upon which you can stand together.

I have a suggestion which may help you.  We of the Five Nations of the Haudenosaunee (Iroquois) Confederacy, by following the same path, have stood together for many seasons, and have become strong and have lived as one people.  The people of the Five Nations of our Confederacy have formed, from equal contributions of each of the Five Nations, one head, one body and one thought, and have thus formed a Great Peace among us.  By following the words of Deganwidah, the Peace Maker, we have mended our differences and become powerful.  If you would only follow our example, you too would become a powerful people.  It is easy to snap in two a single arrow.  With a bundle of arrows, all held tightly together, it is impossible.

            The minutes of this meeting were later committed to print by the man who would come to be known as the Father of the United States Constitution … Benjamin Franklin.

            The Haudenosaunee, or Iroquois, Confederacy (comprised of the  Oneida, Onondaga, Mohawk, Cayuga, Seneca; and, later a sixth, the Tuscarora) through their Covenant with each other, contributed much to the development of the United States Constitution as we know it today.  There are many similarities and parallels which can be seen between the two.

House and Senate:

Iroquois Constitution:                        “All of the business if the Five Nations Confederate Council shall be conducted by the two combines bodies of Confederacy Lords.  First the question shall be passed upon by the Mohawk and Seneca Lords, then it shall be discussed and passed by the Oneida and Cayuga Lords.  Their decisions shall then be referred to the Onondaga Lords (Firekeepers) for final judgment.” (Art. 9)

United States Constitution:              “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” (Art. 1, Sec. 1)

When Congress Shall Meet:

Iroquois Constitution:                        “Every five years the Five Nation Confederate Lords and the people shall assemble together and shall ask one another if their minds are still in the same spirit of unity for the Great Binding Law and if any of the Five Nations shall not pledge continuance and steadfastness to the pledge of unity then the Great Binding Law shall dissolve.” (Art. 4).

United States Constitution:              “The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they by Law appoint a  different Day.” (Art. 1, Sec. 4)

Rules for Houses of Congress:

Iroquois Constitution:                        “If any Confederate Lord neglects or refuses to attend the Confederate Council, the other Lords of the Nation of which he is a member shall require their War Chief to request the female sponsors of the Lord so guilty of defection to demand his attendance of the Council.  If he refuses, the women holding the title shall immediately select another candidate for the title.” (Art. 18)

            “If a War Chief acts contrary to instructions or against the provision of the Laws of the Great Peace, doing so in the capacity of his office, he

shall be deposed by his women relatives and by his men relatives.  Either the women or the men alone or jointly may act in such a case.  The women title holders shall then choose another candidate.” (Art. 39)

“No Council of the Confederate Lords shall be legal unless all the Mohawk Lords are present.” (Art.  6)

United States Constitution:              “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent members, in such Manner, and under Penalties as each house may provide.

            Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a member.

…Neither House during the Session of Congress, shall without the Consent of the other, adjourn for more than three days, not to any other Place that in which the two Houses shall be sitting.” (Art. 1, Sec. 5)

The Passage of Laws:

Iroquois Constitution:                        “In all cases the procedure must be as follows: When the Mohawk and Seneca Lords have unanimously agreed upon a question, they shall report their decision to the Cayuga and Oneida Lords who shall deliberate upon the question and report a unanimous decision to the Mohawk Lords.  The Mohawk Lords will then report the standing of the case to the Fire Keepers, who will render a decision as they see fit in case of a disagreement by the two bodies, or confirm decisions of the two bodies if they are identical.  The Fire Keepers shall then report their decision to the Mohawk Lords who shall announce it to the open council.” (Art. 10)

            “If through any misunderstanding or obstinacy on the part of the Fire Keepers, they render a decision at variance with that of the Two Sides, the Two Sides shall reconsider the matter and if their decisions are jointly the same as before they shall report to the Fire Keepers who are then compelled to confirm their joint decision.” (Art. 11)

United States Constitution:              “…Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States.  If he approve he shall sign it, but if not he shall return it, with his Objections, to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.  If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together  with the Objections at large, to the other House, by which it shall be like wise reconsidered, and if approved by two thirds of that House, it shall become a Law.  But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the bill shall be entered on the Journal of each House respectively.  If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be Law.  Every Order, Resolution, or Vote to which the Concurrence of the Senate and the House of Representatives may be necessary (except on a questions of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and the House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.” (Art. 1, sec. 7)

Power to Declare War:

Iroquois Constitution:                        “There shall be one War Chief for each Nation and their duties shall be to carry messages for their Lords and to take up the arms of war in case of emergency.  They shall not participate in the proceedings of the Confederate Council but shall watch its progress and in case of an erroneous action by a Lord they shall receive the complaints of the people and convey the warnings of the women to him.  The people who wish to convey messages to the Lords of the Confederate Council shall do so through the War Chief of their Nation.  It shall ever be his duty to lay the cases, questions and propositions of the people before the Confederate Council.” (Art. 37)

United States Constitution:              “The Congress shall have Power…to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.”  (Art. 1, Sec. 8)

Filling Vacancies in the House and Senate:

Iroquois Constitution:                        “When a Lordship title becomes vacant through death or other cause, the Royaneh women of the clan in which the title is hereditary shall hold a council and shall choose one from among their sons to fill the office made vacant.  Such a candidate shall not be the father of any Confederate Lord.  If the choice is unanimous the name is referred to the men relatives of the clan.  If they should disapprove, it shall be their duty to select a candidate from among their own number.  If then the men and women are unable to decide which of the two candidates shall be named, then the matter shall be referred to the Confederate Lords of the Clan.  They shall decide which candidate shall be named.  If the men and women  agree to a choice, they shall refer their action to their Confederate Lords who shall ratify the choice and present it to proper ceremony for the conferring of Lordship titles.” (Art. 54)

United States Constitution:              “When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such vacancies.” (Art. 1, Sec. 2)   

Qualifications for Senate:

Iroquois Constitution:                        “The Lords of the Confederacy of the Five Nations shall be mentors of the people for all time.  The thickness of their shins shall be seven spans – which is to say they shall be proof against anger, offensive action and criticism.  Their hearts shall be full of peace and good will and their minds filled with a yearning for the welfare of the people of the Confederacy.  With endless patience they shall carry out their duty and their firmness shall be tempered with a tenderness for their people.  Neither anger nor fury shall find lodgement in their minds and all their words and actions shall be marked by calm deliberation.” (Art. 24)

United States Constitution:              “No person shall be a Senator who shall not have attained the age of  thirty Years, and be nine Years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.” (Art. 1, Sec. 3)

Forbidding of Dual Office:

Iroquois Constitution:                        “…We do now crown you with the sacred emblem of the deer’s antlers, the emblem of your Lordship.  You shall now become a mentor of the people of the Five Nations.  The thickness of your skin shall be seven spans – Which is to say that you shall be proof against anger, offensive actions and criticism.  Your heart shall be filled with peace and good will and you mind filled with a yearning for the welfare of the people of the confederacy.  With endless patience you shall you shall carry out your duty and your firmness shall be tempered with a tenderness for your people.  Neither anger nor fury shall find lodgement in your mind and all your words and actions shall be marked with calm deliberation.  In all of you deliberations in the Confederate Council in your efforts at law making, in all your official acts, self interest shall be cast into oblivion.  Cast not over your shoulder behind you the warnings of the nephews and nieces should they chide you for any error or wrong you may do, but return to the way of the Great Law which is just and right.  Look and listen for the welfare of the whole people and have always in view not only the present but also the coming generation, even those whose faces are yet beneath the surface of the ground—the unborn of the future Nation.” (Art. 28)

United States Constitution:              “No Senator or Representative shall, during the Time for which he is elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a member of either House during his Continuance in Office.” (Art. 1, Sec. 6)      

Immigration:

Iroquois Constitution:                        “The soil of the earth from one end of the land to the other is the property of the people who inhabit it.  By birthright the Ongwehohwea (Original beings) are the owners of the soil which they own and occupy and none other may hold it.  The same law has been held from the oldest times.

            The Great Creator has made us of the one blood and of the same soil he made us and as only different tongues constitute different nations he established different hunting grounds and territories and made boundary lines between them.” (Art. 73)

United States Constitution:              “The migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” (Art. 1, Sec. 9)

Powers of the Union vs. States:

Iroquois Constitution:                        “If a Lord of the Confederacy should seek to establish any authority independent of the jurisdiction of the Confederacy of the Great Peace, which is the Five Nations, he shall be warned three times in open council, first by the women relatives, second by the men relatives and finally by the Lords of the Confederacy of the Nation to which he belongs.  If the offending Lord is still obdurate he shall be dismissed  by the War Chief of his nation for refusing to conform to the laws of the Great Peace.  His nation shall install the candidate nominated by the female nameholders of his family.”  (Art. 25)

United States Constitution:              “No state shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law or Law impairing the Obligation of Contracts, or grant any Title of Nobility?”  (Art. 1, Sec, 10)

Admission of New States:          

Iroquois Constitution:                        “When the Lords of the Confederacy decide to admit a foreign nation and an adoption is made, the Lords shall inform the adopted nation that its admission is only temporary .  They shall also say to the nation that it must never try to control, to interfere with or to injure the Five Nations nor disregard the Great Peace or any of its rules or customs.  That in no way should they cause disturbance or injury.  Then should the adopted nation disregard these injunctions, their adoption shall e annulled and they shall be expelled.” (Art. 77)

United States Constitution:               “New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State, nor any State be formed by the Junction or two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.” (Art. 4, Sec. 3)

Duties to the Federal Government:

Iroquois Constitution:                        “When a member of an alien nation comes to the territory of the Five Nations and seeks refuge and Permanent residence, the Lords of the Nations to which he comes shall extend hospitality and make him a member of the nation.  Then shall he be accorded equal rights and privileges in all matters except as aforementioned.”  (Art. 75)

United States Constitution:              “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.”  (Art. 4, Sec. 4)

States Rights:

Iroquois Constitution:                        “whenever a specially important matter of a greater emergency is presented before the Confederate Council and the nature of the matter affects the entire body of the Five Nations, threatening their utter ruin, then the Lords of the Confederacy must submit the matter to the decision of their people and the decision of the people shall affect the decision of the Confederate Council.  This decision shall be a confirmation of the voice of the people.”  (art. 20)

United States Constitution:              “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” (Art. 4, Sec. 2)

How Leaders are Selected:

Iroquois Constitution:                        “Deganwidah, appoint the Mohawk Lords the heads and the leaders of the Five Nations Confederacy.  The Mohawk Lords are the foundation of the Great Peace and it shall, therefore, be against the Great Binding Law to pass measures in the Confederate Council after the Mohawk Lords have protested against them.”  (Art. 6)

United States Constitution:              “The executive Power shall be vested in a President of the United States of America.  He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected as follows….”  (Art. 2, Sec. 1)

Qualifications for the Office of President:

Iroquois Constitution:                        “No body of alien people who have been adopted temporarily shall have a vote in the council of the Lords of the Confederacy, for only they who have been invested with Lordship titles may vote in the council.  Aliens have nothing by blood to make claim to a vote and should they have it, not knowing all the traditions of the Confederacy, might go against it Great Peace>  In this manner the Great Peace would be endangered and perhaps destroyed.” (Art. 76)

United States Constitution:              “No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of the President; neither shall any Person be eligible to theat Office who shall not have attained the Age of thirty five Years and been fourteen years a resident within the United States..” (Art.  2, Sec.  1)

Removal of the President from Office / Impeachment:

Iroquois Constitution:                        “If at any time it shall be manifest that Confederate Lord has not in find the welfare of the people or disobeys the rules of this Great Law, the men or women of the Confederacy, or both jointly, shall come to the council and upbraid the erring Lord through his War Chief.  If the complaint of the people through the War Chief is not heeded the first time it shall be uttered again and then if no attention is given a third complaint and warning shall be given.  If the Lord is contumacious, the matter shall go to the Council of War Chiefs.  The War Chiefs shall then divest the erring Lord of his title by order of the women in whom their War Chief, and the Confederate Lords shall sanction the act.  The women shall then select another of their sons as a candidate and the Lords shall elect him.  Then shall the chosen one be installed by the Installation Ceremony.”  (Art. 19)

            “The expulsion shall be in the following manner: The council shall appoint one of their War Chiefs to convey the message of annulment and he shall say,” You (naming the nation) listen to me while I speak.  I am here to inform you again of the will of the Five Nations’ Council.  It was clearly made known to you at a former time.  Now the Lords of the Five Nations have decided to expel you and cast you out.  We disown you now an annul your adoption.  Therefore you must look for a path in which to go and lead away all of your people.  It was you, not we, who committed wrong and caused this sentence of annulment.  So then go your way and depart from the territory of the Five Nations and from this Confederacy.”  (Art.  79)

United States Constitution:              “In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of said Office, the Same shall devolve on the Vice President, and the Congress may by law provide for the Case of Removal, Death, Resignation or Inability, both of the President and of the Vice President, declaring what Office shall then act as President, and such Office will act accordingly, until the Disability be removed, or a President shall be elected.”  (Art.  2, Sec.  1)

            “The President, Vice President and all civil Officers of the United States,.  shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”  (Art 2, Sec.4)

President as Commander and Chief:

Iroquois Constitution:                        “Skanawatih shall be vested with a double office, duty and with double authority.  One-half of his bing shall hold the Lordship title and the other half shall hold the title of War Chief.  In the event of war he shall notify the five War Chiefs of the Confederacy and command them to prepare fore war and have their men ready at the appointed time and place for engagement with the enemy of the Great Peace.”  (Art.  79)

United States Constitution:              The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the Executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in the Cases of Impeachment.”  (Art.  2, Sec.  2)

State of the Union Address:

Iroquois Constitution:                        “It shall be the duty of the Lords of each brotherhood to confer at the approach of the time of the Midwinter Thanksgiving and to notify their people of the approaching festival.  They shall hold a council over the matter and arrange its details and beginning the Thanksgiving five days after the moon of Disko-nah is new.  The people shall assemble at the appointed place and the nephews shall notify the people of the time and place.  From the beginning to the end the Lords shall preside over the Thanksgiving and address the people from time to time.”  (Art.  100)

United States Constitution:              “He [the President] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to Time of Adjournment, he may adjourn them to such time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws he faithfully executed, and shall Commission all the Officers of the United States.”  (Art.  2, Sec.  3)

Treason:

Iroquois Constitution:                        “If a nation, part of a nation, or more than one nation within the Five Nations should in any way endeavor to destroy the Great Peace by neglect or violating its laws and resolve to dissolve the Confederacy, such a nation or such nations shall be deemed guilty of treason and called enemies of the Confederacy and the Great Peace.”  (Art.  92)

United States Constitution:              “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.  No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”  (Art.  3, Sec.  3)

Authority of the Federal Government:

Iroquois Constitution:                        “Five Arrows shall be bound together very strong and each arrow shall represent one nation.  As the five arrows are strongly bound this shall symbolize the complete union of the nations.  Thus are the Five Nations united completely and enfolded together, united into one head, one body and one mind.  Therefore they shall labor, legislate and council together for the interest of future generations.”  (Art.  57)

United States Constitution:              “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made.  or which shall be made, under the authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”  (Art.  6)

Constitutional Amendments:

Iroquois Constitution:                        “If the conditions which shall arise at any future time call for an addition to or change in this law, the case shall be carefully considered and if a new beam seems necessary or beneficial, the proposed change shall be voted upon and if adopted it shall be called, ‘Added to the Rafters.’” (Art.  16)

United States Constitution:              “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the Several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided as the one or the other Mode of Ratification may be proposed by Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without it Consent, hall be deprived of its equal Suffrage in the Senate.”  (Art. 5)

Constitution as Supreme Law of the Land:

Iroquois Constitution:                        “Before the real people united their nations; each nation had its own council fires.  Before the Great Peace their councils were held.  The five Council Fires shall continue to burn as before and they are not quenched.  The Lords of each nation in future shall settle their nation’s affairs at this council fire governed always by the laws and rule of the council of the Confederacy and by the Great Peace.”  (Art.  25)

United States Constitution:              “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”  (Art.  7)

Freedom of Religion, Speech and the Press:

Iroquois Constitution:                        “The rites and festivals of each nation shall remain undisturbed and shall continue as before because they were given by the people of old times as useful and necessary for the good of men.”  (Art.  99)

United States Constitution:              “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people to peacefully assemble, and to petition the Government for a redress of grievances” (Amend.  1)

No Unauthorized Entry into Homes:

Iroquois Constitution:                        “A certain sign shall be known to all people of the Five Nations which shall denote that the owner or occupant of a house is absent.  A stick or pole in a slanting or leaning position shall indicate this and be the sign.  Every person not entitled to enter the house by right of living within it upon seeing such a sign will not approach the house either by day or by night but shall keep as far away as his business will permit.”  (Art.  107)

United States Constitution:              “No soldier, shall, in time of peace be quartered in any house, without the consent of the Owner, not in time of war, but in a manner to be prescribed by law.”  (Amend.  3)

Vacancies in Senate and House:

Iroquois Constitution:                        “A bunch of a certain number shell (wampum) strings each two spans in length shall be given to each of the female families in which the Lordship titles are vested.  The right of bestowing the title shall be hereditary in the family of the females legally possessing the bunch of shell strings and the strings shall be the token that the females of that family have the proprietary right to  the Lordship title for all time to come, subject to certain restrictions, hereinafter mentioned.”  (Art.  17)

United States Constitution:              “When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature many direct.”  (Amend.  16)