In the current histories this council is treated as an advisory board of Montezuma's, as a council of ministers of his own creation; thus Clavigero: "In the history of the conquest we shall find Montezuma in frequent deliberation with his council on the pretensions of the Spaniards. We do not know the number of each council, nor do historians furnish us with the lights necessary to illustrate such a subject."[222] It was one of the first questions requiring investigation, and the fact that the early writers failed to ascertain its composition and functions is proof conclusive of the superficial character of their work. We know, however, that the council of chiefs is an institution which came in with the gentes, which represents electing constituencies, and which from time immemorial had a vocation as well as original governing powers. We find a Tezcucan and Tlacopan council, a Tlascalan, a Cholulan and a Michoacan council, each composed of chiefs. The evidence establishes the existence of an Aztec council of chiefs; but so far as it is limited to four members, all of the same lineage, it is presented in an improbable form. Every tribe in Mexico and Central America, beyond a reasonable doubt, had its council of chiefs. It was the governing body of the tribe, and a constant phenomenon in all parts of aboriginal America. The council of chiefs is the oldest institution of government of mankind. It can show an unbroken succession on the several continents from the Upper Status of savagery through the three sub-periods of barbarism to the commencement of civilization, when, having been changed into a preconsidering council with the rise of the assembly of the people, it gave birth to the modern legislature in two bodies.
It does not appear that there was a general council of the Aztec confederacy, composed of the principal chiefs of the three tribes, as distinguished from the separate councils of each. A complete elucidation of this subject is required before it can be known whether the Aztec organization was simply a league, offensive and defensive, and as such under the primary control of the Aztec tribe, or a confederacy in which the parts were integrated in a symmetrical whole. This problem must await future solution.