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After explaining the seriousness and importance of the issue, Genghis Khan asked his eldest son, Jochi, to speak first on the matter of succession. Order of seating, walking, speaking, drinking, and eating all carry heavy symbolic value among Mongols even today. By setting this order of speaking, the khan was publicly emphasizing that Jochi ranked as his eldest son, and this set him up as the likely successor. If the younger sons accepted this order of speaking, it would be tantamount to accepting Jochi’s legitimacy and seniority over them.

Chaghatai, the second son, refused to allow that assumption to pass unstated and untested. Before Jochi could answer his father, Chaghatai spoke up loudly. “When you tell Jochi to speak,” he defiantly asked his father, “do you offer him the succession?” Then he blurted out the rhetorical question that was intended as a statement of fact, no matter how much Genghis Khan disagreed, about the suspicious paternity of Jochi, who had been born forty years earlier, but too soon after Borte’s rescue from her Merkid kidnappers. “How could we allow ourselves to be ruled by this bastard son of a Merkid?” demanded Chaghatai of his father and brothers.

Jochi snapped at being called a bastard by his brother. He let loose a scream, lunged across the tent, and seized Chaghatai by the collar. The two men pummeled each other. In painfully emotional words that were probably spoken by Genghis Khan himself, but which the Secret History attributes to an adviser in an effort to preserve the dignity of the khan, Chaghatai was reminded how much his father loved and respected him. The father pleaded in obviously painful words with his sons to understand how different things were in the old days, before the boys were born, when terror ruled the steppes, neighbors fought neighbors, and no one was safe. What happened to their mother when she was kidnapped was not her fault: “She didn’t run away from home. . . . She wasn’t in love with another man. She was stolen by men who came to kill.”

Genghis Khan almost meekly implored his sons to remember that despite the circumstances of their birth, they all sprang “from a single hot womb,” and that “if you insult the mother who gave you your life from her heart, if you cause her love for you to freeze up, even if you apologize to her later, the damage is done.” The councillor reminded the sons how hard both parents worked to create their new nation, and he listed the sacrifices that both of them made to make a better world for their sons.

After the long, emotional scene, Genghis Khan knew that he could not impose a choice on his sons that they would reject after his death. He had to negotiate a compromise agreement that all of them would be willing to accept. He invoked his limited parental authority by reasserting that he himself accepted Jochi as his eldest son, and he commanded his other sons to accept this as fact and not to repeat suspicions about his paternity again.

Chaghatai submitted to the command of his father but made it clear that even in abiding by his edict, words could not make it true. Chaghatai grinned and said that the “game killed by mouth cannot be loaded onto a horse. Game slaughtered by words cannot be skinned.” Outwardly, the sons would all recognize Jochi’s legitimacy as long as their father lived; but inwardly, they would never do so. Recognizing the legitimacy of Jochi as the eldest son, however, did not guarantee him the succession to the office of Great Khan because such an important office was supposed to be based upon ability and support from the others, not on age.

Having incurred so much anger from his father, Chaghatai knew that the father would not then agree to his taking the office of Great Khan, but he still wanted to prevent Jochi from having it. So Chaghatai offered the family a compromise, which may have been spontaneously conceived or already agreed upon by the younger siblings. He said that neither he nor Jochi should become khan; instead, the succession should fall to their third brother, the mellow, good-natured, hard-drinking Ogodei.

With no other option open to him other than war, Jochi agreed to this compromise and endorsed Ogodei as the successor. Genghis Khan then allotted personal lands and herds to each son by doing what parents always do to quarreling youngsters: He separated Jochi and Chaghatai. “Mother Earth is broad and her rivers and waters are numerous. Make up your camps far apart and each of you rules your own kingdom. I’ll see to it that you are separated.” He then warned the sons not to behave so that people would laugh at or insult them.

The Muslim scholars serving at the Mongol court evidenced a tortured difficulty in recording this event, since for them a man’s honor rested on his control of the sexuality of the women around him. It was almost inconceivable that a man as powerful as Genghis Khan might have had a son sired by another man, or even be accused of such a thing by his own sons. Unlike the Secret History, written by a Mongol and including a full account of the family fight, the first Persian chronicler, Juvaini, wrote the conflict out of his history completely by making the family khuriltai into a gathering of serene decorum and complete unanimity. In his version of events, Genghis Khan delivered a beautiful speech on the admirable qualities of Ogodei, and all of his sons agreed. The sons obediently “laid the knee of courtesy upon the group of fealty and submission and answered with the tongue of obedience, saying ‘Who hath the power to oppose the word of Genghis Khan and who the ability to reject it?’ . . . All Ogodei’s brothers obeyed his commandment and made a statement in writing.”

With a little more distance from the original events, Rashid al-Din offered a slightly more honest account, but his manuscript has blanks in crucial places that would impugn the honor of Genghis Khan or his wife. He wrote that “because of , the path of unity was trodden upon both sides between them,” but the good members of the family “never uttered that taunt but regarded his as genuine.” Whether the blanks were entered into the original work by Rashid al-Din or made by later scribes copying it, they show the symbolic and political importance of the issue of Jochi’s paternity for generations to come.

At the end of the emotionally intense family encounter between Genghis Khan and his sons, it is doubtful that anyone knew how far-reaching the effects of this meeting would be. In this family khuriltai, the victors had just carved up the world in a way that would presage the Vienna Congress following the Napoleonic Wars, the Versailles Conference after World War I, and the meetings of the World War II Allies at Yalta and Potsdam.

Although repeatedly mentioned in the family conference, Borte was absent, but presumably still alive. It is not known if she heard of what went on among her sons, and no reliable information exists on exactly what happened to her. Oral tradition maintains that during this time, she continued to live in the beautiful steppe at Avarga on the Kherlen River, only a few days ride from where she and her husband had lived in the first days of their marriage. She likely died there, or in the vicinity, sometime between 1219 and 1224.

The unpleasant episode cast a pall over the remaining years of Genghis Khan’s life and particularly over the central Asian campaign. The fighting among his sons made him keenly aware of how much work he needed to do to preserve the empire after his death. His sons did not match up to the needs of the empire. While pursuing his great quest to unite the steppe tribes and conquer every threat around him, he had never devoted the attention he should have to his sons, and now they were all reaching middle age and were still unproven men. In his mistrust of his own relatives and his lifelong reliance on his companions and friends from youth, he had not built a working relationship among his own sons nor trained them to replace him.