10. _The right to elect and depose its chiefs._ This right undoubtedly existed in the Grecian gentes in the early period. Presumptively it was possessed by them while in the Upper Status of barbarism. Each gens had its archon (archos), which was the common name for a chief. Whether the office was elective, for example, in the Homeric period, or was transmitted by hereditary right to the eldest son, is a question. The latter was not the ancient theory of the office; and a change so great and radical, affecting the independence and personal rights of all the members of the gens, requires positive proof to override the presumption against it. Hereditary right to an office, carrying with it authority over, and obligations from, the members of a gens is a very different thing from an office bestowed by a free election, with the reserved power to depose for unworthy behavior. The free spirit of the Athenian gentes down to the time of Solon and Cleisthenes forbids the supposition, as to them, that they had parted with a right so vital to the independence of the members of the gens. I have not been able to find any satisfactory explanation of the tenure of this office. Hereditary succession, if it existed, would indicate a remarkable development of the aristocratical element in ancient society, in derogation of the democratical constitution of the gentes. Moreover, it would be a sign of the commencement, at least, of their decadence. All the members of a gens were free and equal, the rich and the poor enjoying equal rights and privileges, and acknowledging the same in each other. We find liberty, equality and fraternity, written as plainly in the constitution of the Athenian gentes as in those of the Iroquois. Hereditary right to the principal office of the gens is totally inconsistent with the older doctrine of equal rights and privileges.
Whether the higher offices of anax, koiranos, and basileus were transmitted by hereditary right from father to son, or were elective or confirmative by a larger constituency, is also a question. It will be considered elsewhere. The former would indicate the subversion, as the latter the conservation, of gentile institutions. Without decisive evidence to the contrary every presumption is adverse to hereditary right. Some additional light will be gained on this subject when the Roman gentes are considered. A careful re-investigation of the tenure of this office would, not unlikely, modify essentially the received accounts.