_From Copyright Photograph 1906 by E.S. Curtis_
The Coyoteros are divided into five bands, each consisting of a number of
clans, although in one band there are now survivors of a single clan only,
while in others as many as seven or eight clans are still to be found.
Descent among the Apache generally is reckoned through the mother; that
is, the children belong to their mother's clan. An exception to this rule
is said by "Peaches," an old Apache scout under Crook, to exist among the
Chiricahua, where the children take the gens of the father. Among the
Apache some of the younger generation are inclined to disregard tribal
laws respecting marriage, but in former times they were rigidly enforced,
marriage within the clan or the gens being regarded as incestuous. When
asked what would happen if a man and a woman belonging to the same clan
should marry, one old man answered that both would be quickly put to
death.
In the Appendix are given the clan names of the Coyoteros, also of the
Arivaipa and the Chiricahua. Geronimo, Chato, and Cochise were members of
the Aiahan, People of the East, clan. Most of the clan names are derived
from localities in which the ancestors of the clan are supposed to have
first lived.
With the Apache, as with other tribes, the clan organization has an
important bearing on property right. Regardless of what property either
spouse may hold or own at the time of marriage, the other immediately
becomes possessed of his or her moiety. Should the wife die, her husband
retains possession of the property held in common so long as he does not
remarry, but what might be termed the legal ownership of the wife's half
interest becomes vested in her clan. Should he attempt to dissipate the
property the members of the deceased wife's clan would at once interfere.
If the widower wishes to marry again and the woman of his choice belongs
to the clan of his former wife, then he and the new wife become owners in
common of all personal property held by him; but if the second wife
belongs to a different clan from that of the former wife, then the husband
must make actual transfer of half of the common property to the
clanspeople of the deceased woman, who inherited the legal interest in it
at their relative's death. The same tribal law applies in the case of a
widow.
Much internal strife naturally results whenever an actual distribution of
property is made. In the first place the surviving spouse unwillingly
relinquishes the moiety of the property to the relatives of the deceased,
and the immediate relatives often disagree with the remainder of the clan.
In former times death of one or more members of contending clans often
resulted when the division of much property was made. Having no tribunal
for making an equitable division, the matter was left to mutual agreement,
resulting in disputes and frequently murder.
With the breaking up of the clans, together with the rapid disintegration
of ancient customs and laws, this property law is fast becoming forgotten;
but so recently as 1906 such disputes as those mentioned occurred under
both the Fort Apache and San Carlos agencies, creating no little
ill-feeling. In one instance a man refused to deliver possession of half
of his little herd of horses to his deceased wife's clanspeople when
contemplating marriage with another woman, and appealed to the
missionaries for aid. He was compelled to make the division, however,
before he could remarry.