In the standard high
school history textbooks, the primary sources of the ideas behind the
Constitution are almost entirely from western Europe. We read about English common law, laws from
ancient Greece and Rome, and French civil law.
Then, by some sort of magic, the Framers added their original genius,
ideas about democracy, separation of powers, federalism, and so on, to the mix
and, behold, the Constitution was created.
All well and good. Certainly ancient Greece and Rome, medieval
England, and the minds of Washington, Franklin, Jefferson, and others were
vital contributions to the ideas of the Declaration of Independence and the
Constitution. But one source, hiding in
plain sight, so to speak, is frequently overlooked. This is the contribution of native Americans,
particularly the Iroquois, to the mix.
The Iroquois constitution, called the Great Law of Peace, or
Gayanashagowa, contains many echoes of our Constitution, and in a number of
respects, is more advanced in thought than the Constitution that resulted from
the Convention of 1787.
This is not something I
made up. If you read the original
documents from the time, from people like Benjamin Franklin and George
Washington, you will easily see that they deeply acknowledged their debt to the
Iroquois and other native Americans.
It's no accident that the protestors at the Boston Tea Party chose to
disguise themselves as Indians. They did
this out of respect for the democratic and free nature of Indian society -
something they were trying to establish in the face of what they considered
British tyranny.
Who were the
Iroquois? Here's how the Wikipedia
article on the Iroquois describes it:
The Iroquois
Confederacy (Haudenosaunee, also known as the League of Peace and Power, Five
Nations, or Six Nations, mostly Six nations now a days) is a group of First
Nations/Native Americans. It was made up of six tribes: the Mohawks, the
Oneidas, the Onondagas, the Cayugas, and the Senecas. A sixth tribe, the
Tuscarora, joined after the original five nations were formed. They are also
sometimes called the people of the Long house. They are often referred to as
Iroquois, a term that some members of the group consider derogatory.
The Union of Nations
was established prior to major European contact, complete with a constitution
known as the Gayanashagowa (or "Great Law of Peace") with the help of
a memory device in the form of special beads called wampum that have inherent
spiritual value (wampum has been inaccurately compared to money in other
cultures). Most anthropologists have traditionally speculated that this
constitution was created between the middle 1400s and early 1600s. However,
recent archaeological studies have suggested the accuracy of the account found
in oral tradition, which argues that the federation was formed around August
31, 1142 based on a coinciding solar eclipse (see Fields and Mann, American
Indian Culture and Research Journal, vol. 21, #2). Some Westerners have also
suggested that the Great Law of Peace was written with European help, although
some dismiss this notion as racist.
The Iroquois were not
simply passive observers of the conflict between the French and British. They were a formidable military power. In fact, they held the balance of power in
the West for the 17th and 18th centuries.
According to Francis Parkman, the famous 19th century historian, the
Iroquois were at the height of their power in the 17th century, with a
population of around 12,000 people. Our image of native Americans comes mainly
from those John Ford westerns, that they were savages who scalped innocent
white settlers who just wanted to farm on the empty prairie. This is not how Benjamin Franklin, who
negotiated a treaty with the Iroquois, saw them.
"It would be a
strange thing if six nations of ignorant savages should be capable of forming a
scheme for such a union and be able to execute it in such a manner as that it
has subsisted ages and appears insoluble; and yet that a like union should be
impractical for ten or a dozen English colonies.
At the time, Franklin
proposed a plan, called the Albany Plan of Union, based on the Great Law of
Peace, to unite the colonies. About 40
Iroquois representatives, led by Chief Hendrick of the Mohawk, urged such a
union because it had worked so well for the Iroquois. The white "savages", unfortunately,
could not agree. A number of historians
cite the Albany Plan as a predecessor to our Constitution. They don't always mention that its basis was
a native American constitution that had been functioning continuously for
hundreds of years.
On June 11, 1776, the
Continental Congress, in the midst of debating the text of the Declaration of
Independence, formally invited visiting Iroquois chiefs into the meeting
hall. Read about it here. There a speech was delivered, in which they
were addressed as "Brothers" and told of the delegates' wish that the
"friendship" between them would "continue as long as the sun
shall shine" and the "waters run." The speech also expressed the
hope that the new Americans and the Iroquois act "as one people, and have
but one heart." After this speech,
an Onondaga chief requested permission to give Hancock an Indian name. The
Congress graciously consented, and so the president was renamed
"Karanduawn, or the Great Tree."
Like I said, I'm not making this up.
Recent historians have taken
note of the Iroquois contribution to our political thought. At a conference at Cornell University in
1987, the 200th anniversary of the Ratification of the Constitution, 200
historians and scholars gathered to examine how the Great Law of Peace was indeed
the source of the Constitution. Here's
how it was described:
Faithkeeper Oren Lyons,
an Onondaga, states The Great Law of Peace includes "freedom of speech,
freedom of religion, [and] the right of women to participate in government.
Separation of power in government and checks and balances within government are
traceable to our Iroquois constitution—ideas learned by colonists."
The central idea
underlying Iroquois political philosophy is that peace is the will of the
Creator, and the ultimate spiritual goal and natural order among humans. The
principles of Iroquois government embodied in The Great Law of Peace were
transmitted by a historical figure called the Peacemaker. His teachings
emphasize the power of Reason to assure Righteousness, Justice and Health among
humans. Peace came to the Iroquois, not through war and conquest, but through
the exercise of Reason guided by the spiritual mind. The Iroquois League is
based not on force of arms or rule of law, but spiritual concepts of natural
law applied to human society.
At the planting of a
Tree of Peace in Philadelphia in 1986, Mohawk Chief Jake Swamp explained,
"In the beginning, when our Creator made humans, everything needed to
survive was provided. Our Creator asked only one thing: Never forget to
appreciate the gifts of Mother Earth. Our people were instructed how to be
grateful and how to survive.
"But during a dark
age in our history 1000 years ago, humans no longer listened to the original
instructions. Our Creator became sad, because there was so much crime,
dishonesty, injustice and war.
"So Creator sent a
Peacemaker with a message to be righteous and just, and make a good future for
our children seven generations to come. He called all warring people together
and told them as long as there was killing there would be no peace of mind.
There must be a concerted effort by humans for peace to prevail. Through logic,
reasoning and spiritual means, he inspired the warriors to bury their weapons
and planted atop a sacred Tree of Peace."
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