The Iroquois Constitution, which established the first democratic republic in North America, is a prime example of sovereign governance through the consent of the people. Constructed by the League of Five Nations before European colonization, its legislative process and constitution had a significant influence on shaping the ideas and language of the US Constitution. Despite criticism, the Iroquois Constitution undeniably served as a influential model for America’s founding fathers when forming our United States Constitution. This connection is known as the Influence Theory.
The exact date of origin of the Iroquois Constitution is challenging to determine because there was no written language. The oral tradition was memorized and passed down through song and storytelling. The only physical remains that were preserved were beaded belts made of shells. Historians often acknowledge the Iroquois’ skill in public speaking and their prowess with words. The oral history of the Iroquois is imprecise, with some sources suggesting a date as early as 1100 AD, while others argue for a later period around 1450-1500 AD. Scholars reference the first documented league Grand Council in 1535, known as the Welcome at the Woods’ Edge, by French Explorer Jacques Cartier, to establish that the confederacy had already been established prior to this event (Favor 31). Though the specific years are uncertain, it is indisputable that the Iroquois had formed their constitution well before colonization.
All the Iroquois woodland Indians people shared the same language and beliefs, and had similar customs. However, there was constant fighting among them. According to legend, the Creator sent Peacemakers to teach cooperation and tolerance to the most powerful tribes. These Peacemakers were Deganawida, a tribal lord of the Mohawks, and Hiawatha, an Onondaga chief. They brought peace and unity by emphasizing the common heritage and values of the people. The natives recognized their devotion to peace principles and rules, which became known as the “Great Laws of Peace” or the League of the Five Nations, and the Iroquois Constitution. These laws were recorded on 114 beaded wampum belts, each designed to visually communicate a specific set of provisions that outlined the confederacy’s commitment to peace, assistance, tolerance, and protection of individual liberties from common threats. The provisions also organized the leaders into subdivisions called moieties, with the responsibility for the larger community resting on their shoulders.
The Mohawk and Seneca tribes were seen as older brothers, acting as an upper house (much like the US Senate), while the Oneida and Cayuga were considered younger brothers, serving as a lower house (similar to the US House of Representatives). The Onondaga were the Fire Keepers, holding the title and status of the confederacy’s capital, where council meetings would be held on their land. This is similar to how Washington D.C. is considered the seat of the United States government, where important symbols and historical documents are gathered. The Iroquois Constitution allowed each nation to govern itself, but under the guidance of the Great Law of Peace. This is comparable to the American federalism architecture, where individual states govern themselves, but in cooperation with the federal government. The governing body of the Five Nations was a Grand Council consisting of fifty sachems representing the nations in political decisions and actions of the confederacy.
The term sachems is used in the oral tradition to distinguish them from other types of chiefs. In their book, “Exemplar of Liberty,” Grinde and Johansen draw a parallel between sachems and the forty-eight delegates proposed by Benjamin Franklin in the Albany Plan. The Iroquois Constitution, which is the first political document in North America to divide responsibility among deliberative councils, had the Grand Council as the primary lawmaking body accountable to the larger community. The council of five war chiefs advised the Grand Council on matters of warfare, similar to our American “joint chiefs” advising the President, our commander in chief. The Grand Council maintained a balance of power by designating the Mohawks as leaders because they were at the core of the Great Peace. If the Mohawks disagreed with any resolution, it could not be passed by the Grand Council. The requirement for unanimous agreement ensured that individual members’ interests were represented and followed.
Unanimous decision-making is a crucial requirement and foundation of the Grand Chiefs. However, there is not equal representation by the nations, which differs greatly from the foundation and ideology of the American Founding Fathers. This distinction is not lost on the critics of the Influence Theory. Another significant difference pointed out by critics of the Influence theorists is that the Iroquois culture was a matriarchal society, which gave women a traditional role in leadership. In Iroquois culture, upon marriage, the husband joined his wife’s clan, and kinship was traced through the women. The clans were led by chiefs who were chosen by the oldest living female, known as the “clan mother.” The sachems were nominated through the clan mothers. This gave women an equal role in power and leadership of government. In contrast, American women had to wait over 130 years to have an official voice, and only recently have they begun to have truly consequential influence, similar to their Iroquois predecessors.
Many sources agree that the Iroquois Constitution greatly influenced the founding fathers. The Dutch were one of the first European colonists to recognize the Iroquois Confederacy in 1624, after forming an alliance with a neighboring tribe that challenged the Five Nations. This alliance confused the Iroquois, as they had no issues with the Dutch and did not understand why they were involved. After the Iroquois won, they created a Two Row Wampum belt to explain the Great Laws of Peace to the newcomers and acknowledge mutual respect. The Wampum belt was white with two purple rows, symbolizing the separate paths each group should take to maintain peace and indicating that neither side should impose their laws, traditions, languages, or religious beliefs on the other. An important moment occurred in 1744 when Chief Cansatego of the Onondaga tribe gave a speech at a treaty conference in Lancaster, Pennsylvania, urging the colonies to unite.
He said, “Divided, a single man may destroy you. United, you are a match for the whole world (http://federationmsta.org/algonquin.html).” After the conference, Chief Canstego gave Benjamin Franklin five arrows to represent the unity and loyalty of the five nations. Canstego’s speech reminded the representatives that they were vulnerable when separated, but strong when together. This symbolism can be seen on the one-dollar bill, with one eagle talon holding an olive branch and the other holding 13 arrows. Franklin published pamphlets in the Pennsylvania Gazette during his time as head of Indian Affairs (Morgan) about the conference of the Grand Chiefs. He questioned why the Iroquois could form such a union while the English colonies couldn’t. At the Albany conference in 1754, Franklin suggested a plan for a single legislature and a president general that recognized the individual dynamics and differences of each colony and allowed them to retain their individual constitutions.
Franklin’s idea proposed that colonies would have the ability to choose their own speakers who would possess veto power when it came to decisions made within the “Grand Council,” a name coined by Franklin. Franklin’s plan for determining the number of representatives was based on population and military force, following the tradition of the Iroquois system (Johansen). Thomas Jefferson, representing Enlightenment ideals, shared Franklin’s admiration for core values present in native Indian traditions. Jefferson frequently referenced concepts such as the “pursuit of happiness” and the “consent of the governed” in his writings, valuing ideas of independence. It is widely believed that Jefferson’s interactions with the Iroquois Constitution influenced his own social values and philosophical beliefs regarding governance. Jefferson’s writings indicate clear incorporation of Iroquois concepts such as “inalienable rights” for individuals and the power of the people to impeach leaders who act against the interests of its members or violate constitutional laws.
The Influence Theory strongly supports the notion that the Iroquois Constitution heavily influenced the development of the United States Constitution. Evidence for this theory can be found in an official invitation extended to 21 Iroquois chiefs in May 1776, inviting them to participate in Continental Congress meetings. During this time, the chiefs were housed in Pennsylvania’s State House for several weeks leading up to the signing of the American Declaration of Independence. The chiefs even addressed the delegates and bestowed John Hancock with the Indian name “Karanduawn,” meaning “the Great Tree.” James Wilson acknowledged that the Iroquois Confederation exemplified the striking benefits of unity (Johansen). The influence of the Iroquois Constitution and their Great Laws of Peace is undeniable, as it is reflected in both historical records and the construction of the American Constitution, including its Bill of Rights. Numerous similarities exist between the Iroquois Constitution and the United States Constitution, such as protections for religious ceremonies, individual liberties, property, war powers, rules of adoption, treason or secession of a nation, and laws regarding emigration (Daly). Many writers have recognized the Influence Theory, acknowledging that the Iroquois Constitution served as a significant model for the founding fathers when crafting the United States Constitution.
Critics argue against the theory that the founding fathers replicated the Iroquois legislative form of governance, stating that these writers made unsupported statements and manipulated quotations. Elisabeth Tooker, an outspoken critic, dismisses the influence thesis as a “scholarly misapprehension (Levy, p. 598).” Some critics believe that the Influence theorists exaggerated the founding fathers’ encounters with Iroquois chiefs and took their words out of context. Additionally, they express outrage that this theory discredits the founding fathers’ status as true idealists who originated concepts like protection of individual liberties and leadership by consent of the people. It also undermines recognition of the US Constitution as the rightful embodiment of the first Democratic form of Government in the western hemisphere. Instead, they advocate acknowledging European ideologists like John Locke and Jean Jacques Rousseau for their role in shaping American democracy (Favor, p.61). While the founding fathers may have been the first to formally document democratic principles and representative government, it was the Iroquois who initially espoused these ideas.
