CHAPTER III.

THE IROQUOIS GENS.

We now come to another discovery of Morgan that is at least as important

as the reconstruction of the primeval form of the family from the

systems of kinship. It is the proof that the sex organizations within

the tribe of North American Indians, designated by animal names, are

essentially identical with the genea of the Greeks and the gentes of the

Romans; that the American form is the original from which the Greek and

Roman forms were later derived; that the whole organization of Greek and

Roman society during primeval times in gens, phratry and tribe finds its

faithful parallel in that of the American Indians; that the gens is an

institution common to all barbarians up to the time of civilization--at

least so far as our present sources of information reach. This

demonstration has cleared at a single stroke the most difficult passages

of remotest ancient Greek and Roman history. At the same time it has

given us unexpected information concerning the fundamental outlines of

the constitution of society in primeval times--before the introduction

of the state. Simple as the matter is after we have once found it out,

still it was only lately discovered by Morgan. In his work of 1871 he

had not yet unearthed this mystery. Its revelation has completely

silenced for the time being those generally so overconfident English

authorities on primeval history.

The Latin word gens, used by Morgan generally for the designation of

this sex organization, is derived, like the equivalent Greek word

genos, from the common Aryan root gan, signifying to beget. Gens, genos,

Sanskrit dschanas, Gothic kuni, ancient Norse and Anglesaxon kyn,

English kin, Middle High German künne, all signify lineage, descent.

Gens in Latin, genos in Greek, specially designate that sex organization

which boasted of common descent (from a common sire) and was united into

a separate community by certain social and religious institutions, but

the origin and nature of which nevertheless remained obscure to all our

historians.

Elsewhere, in speaking of the Punaluan family, we saw how the gens was

constituted in its original form. It consisted of all individuals who by

means of the Punaluan marriage and in conformity with the conceptions

necessarily arising in it made up the recognized offspring of a certain

ancestral mother, the founder of that gens. Since fatherhood is

uncertain in this form of the family, female lineage is alone valid. And

as brothers must not marry their sisters, but only women of foreign

descent, the children bred from these foreign women do not belong to the

gens, according to maternal law. Hence only the offspring of the

daughters of every generation remain in the same sex organization. The

descendants of the sons are transferred to the gentes of the new

mothers. What becomes of this group of kinship when it constitutes

itself a separate group, distinct from similar groups in the same tribe?

As the classical form of this original gens Morgan selects that of the

Iroquois, more especially that of the Seneca tribe. This tribe has eight

gentes named after animals: 1. Wolf. 2. Bear. 3. Turtle. 4. Beaver. 5.

Deer. 6. Snipe. 7. Heron. 8. Hawk. Every gens observes the following

customs:

1. The gens elects its sachem (official head during peace) and its chief

(leader in war). The sachem must be selected within the gens and his

office was in a sense hereditary. It had to be filled immediately after

a vacancy occurred. The chief could be selected outside of the gens, and

his office could even be temporarily vacant. The son never followed his

father in the office of sachem, because the Iroquois observed maternal

law, in consequence of which the son belonged to another gens. But the

brother or the son of a sister was often elected as a successor. Men and

women both voted in elections. The election, however, had to be

confirmed by the other seven gentes, and then only the sachem-elect was

solemnly invested, by the common council of the whole Iroquois

federation. The significance of this will be seen later. The power of

the sachem within the tribe was of a paternal, purely moral nature. He

had no means of coercion at his command. He was besides by virtue of his

office a member of the tribal council of the Senecas and of the federal

council of the whole Iroquois nation. The Chief had the right to command

only in times of war.

2. The gens can retire the sachem and the chief at will. This again is

done by men and women jointly. The retired men are considered simple

warriors and private persons like all others. The tribal council, by the

way, can also retire the sachems, even against the will of the tribe.

3. No member is permitted to marry within the gens. This is the

fundamental rule of the gens, the tie that holds it together. It is the

negative expression of the very positive blood relationship, by virtue

of which the individuals belonging to it become a gens. By the discovery

of this simple fact Morgan for the first time revealed the nature of the

gens. How little the gens had been understood before him is proven by

former reports on savages and barbarians, in which the different

organizations of which the gentile order is composed are jumbled

together without understanding and distinction as tribe, clan, thum,

etc. Sometimes it is stated that intermarrying within these

organizations is forbidden. This gave rise to the hopeless confusion, in

which McLennan could pose as Napoleon and establish order by the decree:

All tribes are divided into those that forbid intermarrying (exogamous)

and those that permit it (endogamous). And after he had thus made

confusion worse confounded, he could indulge in deep meditations which

of his two preposterous classes was the older: exogamy or endogamy. By

the discovery of the gens founded on affinity of blood and the resulting

impossibility of its members to intermarry, this nonsense found a

natural end. It is self understood that the marriage interdict within

the gens was strictly observed at the stage in which we find the

Iroquois.

4. The property of deceased members fell to the share of the other

gentiles; it had to remain in the gens. In view of the insignificance of

the objects an Iroquois could leave behind, the nearest gentile

relations divided the heritage. Was the deceased a man, then his natural

brothers, sisters and the brothers of the mother shared in his property.

Was it a woman, then her children and natural sisters shared, but not

her brothers. For this reason husband and wife could not inherit from

one another, nor the children from the father.

5. The gentile members owed to each other help, protection and

especially assistance in revenging injury inflicted by strangers. The

individual relied for his protection on the gens and could be assured of

it. Whoever injured the individual, injured the whole gens. From this

blood kinship arose the obligation to blood revenge that was

unconditionally recognized by the Iroquois. If a stranger killed a

gentile member, the whole gens of the slain man was pledged to revenge

his death. First mediation was tried. The gens of the slayer deliberated

and offered to the gentile council of the slain propositions for

atonement, consisting generally in expressions of regret and presents of

considerable value. If these were accepted, the matter was settled. In

the opposite case the injured gens appointed one or more avengers who

were obliged to pursue the slayer and to kill him. If they succeeded,

the gens of the slayer had no right to complain. The account was

squared.

6. The gens had certain distinct names or series of names, which no

other gens in the whole tribe could use, so that the name of the

individual indicated to what gens he belonged. A gentile name at the

same time bestowed gentile rights.

7. The gens may adopt strangers who thereby are adopted into the whole

tribe. The prisoners of war who were not killed became by adoption into

a gens tribal members of the Senecas and thus received full gentile and

tribal rights. The adoption took place on the motion of some gentile

members, of men who accepted the stranger as a brother or sister, of

women who accepted him as a child. The solemn introduction into the gens

was necessary to confirm the adoption. Frequently certain gentes that

had shrunk exceptionally were thus strengthened by mass adoptions from

another gens with the consent of the latter. Among the Iroquois the

solemn introduction into the gens took place in a public meeting of the

tribal council, whereby it actually became a religious ceremony.

The existence of special religious celebrations among Indian gentes can

hardly be demonstrated. But the religious rites of the Indians are more

or less connected with the gens. At the six annual religious festivals

of the Iroquois the sachems and chiefs of the different gentes were

added to the "Keepers of the Faith" and had the functions of priests.

9. The gens had a common burial place. Among the Iroquois of the State

of New York, who are crowded by white men all around them, the burial

place has disappeared, but it existed formerly. Among other Indians it

is still in existence, e. g., among the Tuscaroras, near relatives of

the Iroquois, where every gens has a row by itself in the burial place,

although they are Christians. The mother is buried in the same row as

her children, but not the father. And among the Iroquois the whole gens

of the deceased attends the funeral, prepares the grave and provides the

addresses, etc.

10. The gens had a council, the democratic assembly of all male and

female gentiles of adult age, all with equal suffrage. This council

elected and deposed its sachems and chiefs; likewise the other "Keepers

of the Faith." It deliberated on gifts of atonement or blood revenge for

murdered gentiles and it adopted strangers into the gens. In short, it

was the sovereign power in the gens.

The following are the rights and privileges of the typical Indian gens,

according to Morgan: "All the members of an Iroquois gens were

personally free, and they were bound to defend each other's freedom;

they were equal in privileges and in personal rights, the sachems and

chiefs claiming no superiority; and they were a brotherhood bound

together by ties of kin. Liberty, equality and fraternity, though never

formulated, were cardinal principles of the gens. These facts are

material, because the gens was the unit of a social and governmental

system, the foundation upon which Indian society was organized. A

structure composed of such units would of necessity bear the impress of

their character, for as the unit, so the compound. It serves to explain

that sense of independence and personal dignity universally an

attribute of Indian character."

At the time of the discovery the Indians of entire North America were

organized in gentes by maternal law. Only "in some tribes, as among the

Dakotas, the gentes had fallen out; in others as among the Ojibwas, the

Omahas and the Mayas of Yucatan, descent had been changed from the

female to the male line."

Among many Indian tribes with more than five or six gentes we find

three, four or more gentes united into a separate group, called phratry

by Morgan in accurate translation of the Indian name by its Greek

equivalent. Thus the Senecas have two phratries, the first comprising

gentes one to four, the second gentes five to eight. Closer

investigation shows that these phratries generally represent the

original gentes that formed the tribe in the beginning. For the marriage

interdict necessitated the existence of at least two gentes in a tribe

in order to realize its separate existence. As the tribe increased,

every gens segmented into two or more new gentes, while the original

gens comprising all the daughter gentes, lived on in the phratry. Among

the Senecas and most of the other Indians "the gentes in the same

phratry are brother gentes to each other, and cousin gentes to those of

the other phratry"--terms that have a very real and expressive meaning

in the American system of kinship, as we have seen. Originally no Seneca

was allowed to marry within his phratry, but this custom has long become

obsolete and is now confined to the gens. According to the tradition

among the Senecas, the bear and the deer were the two original gentes,

from which the others were formed by segmentation. After this new

institution had become well established it was modified according to

circumstances. If certain gentes became extinct, it sometimes happened

that by mutual consent the members of one gens were transferred in a

body from other phratries. Hence we find the gentes of the same name

differently grouped in the phratries of the different tribes.

"The phratry, among the Iroquois, was partly for social and partly for

religious objects." 1. In the ball game one phratry plays against

another. Each one sends its best players, the other members, upon

different sides of the field, watch the game and bet against one another

on the result. 2. In the tribal council the sachems and chiefs of each

phratry are seated opposite one another, every speaker addressing the

representatives of each phratry as separate bodies. 3. When a murder had

been committed in the tribe, the slayer and the slain belonging to

different phratries, the injured gens often appealed to its brother

gentes. These held a phratry council which in a body addressed itself to

the other phratry, in order to prevail on the latter to assemble in

council and effect a condonation of the matter. In this case the phratry

re-appears in its original gentile capacity, and with a better prospect

of success than the weaker gens, its daughter. 4. At the funeral of

prominent persons the opposite phratry prepared the interment and the

burial rites, while the phratry of the deceased attended the funeral as

mourners. If a sachem died, the opposite phratry notified the central

council of the Iroquois that the office of the deceased had become

vacant. 5. In electing a sachem the phratry council also came into

action. Endorsement by the brother gentes was generally considered a

matter of fact, but the gentes of the other phratry might oppose. In

such a case the council of this phratry met, and if it maintained its

opposition, the election was null and void. 6. Formerly the Iroquois had

special religious mysteries, called medicine lodges by the white men.

These mysteries were celebrated among the Senecas by two religious

societies that had a special form of initiation for new members; each

phratry was represented by one of these societies. 7. If, as is almost

certain, the four lineages occupying the four quarters of Tlascalá at

the time of the conquest were four phratries, then it is proved that the

phratries were at the same time military units, as were the Greek

phratries and similar sex organizations of the Germans. Each of these

four lineages went into battle as a separate group with its special

uniform and flag and its own leader.

Just as several gentes form a phratry so in the classical form several

phratries form a tribe. In some cases the middle group, the phratry, is

missing in strongly decimated tribes.

What constitutes an Indian tribe in America? 1. A distinct territory and

a distinct name. Every tribe had a considerable hunting and fishing

ground beside the place of its actual settlement. Beyond this territory

there was a wide neutral strip of land reaching over to the boundaries

of the next tribe; a smaller strip between tribes of related languages,

a larger between tribes of foreign languages. This corresponds to the

boundary forest of the Germans, the desert created by Caesar's Suevi

around their territory, the isârnholt (Danish jarnved, Latin limei

Danicus) between Danes and Germans, the sachsen wald (Saxon forest) and

the Slavish branibor between Slavs and Germans giving the province of

Brandenburg its name. The territory thus surrounded by neutral ground

was the collective property of a certain tribe, recognized as such by

other tribes and defended against the invasion of others. The

disadvantage of undefined boundaries became of practical importance

only after the population had increased considerably.

The tribal names generally seem to be more the result of chance than of

intentional selection. In course of time it frequently happened that a

tribe designated a neighboring tribe by another name than that chosen by

itself. In this manner the Germans received their first historical name

from the Celts.

2. A distinct dialect peculiar to this tribe. As a matter of fact the

tribe and the dialect are co-extensive. In America, the formation of new

tribes and dialects by segmentation was in progress until quite

recently, and doubtless it is still going on. Where two weak tribes

amalgamated into one, there it exceptionally happened that two closely

related dialects were simultaneously spoken in the same tribe. The

average strength of American tribes is less than 2,000 members. The

Cherokees, however, number about 26,000, the greatest number of Indians

in the United States speaking the same dialect.

3. The right to solemnly invest the sachems and chiefs elected by the

gentes, and

4. The right to depose them, even against the will of the gens. As these

sachems and chiefs are members of the tribal council, these rights of

the tribe explain themselves. Where a league of tribes had been formed

and all the tribes were represented in a feudal council, the latter

exercised these rights.

5. The possession of common religious conceptions (mythology) and rites.

"After the fashion of barbarians the American Indians were a religious

people." Their mythology has not yet been critically investigated. They

materialized their religious conceptions--spirits of all sorts--in human

shapes, but the lower stage of barbarism in which they lived, knows

nothing as yet of so-called idols. It is a cult of nature and of the

elements, in process of evolution to pantheism. The different tribes

had regular festivals with prescribed forms of worship, mainly dances

and games. Especially dancing was an essential part of all religious

celebrations. Every tribe celebrated by itself.

6. A tribal council for public affairs. It was composed of all the

sachems and chiefs of the different gentes, real representatives because

they could be deposed at any moment. It deliberated in public,

surrounded by the rest of the tribal members, who had a right to take

part in the discussions and claim attention. The council decided. As a

rule any one present gained a hearing on his demand. The women could

also present their views by a speaker of their choice. Among the

Iroquois the final resolution had to be passed unanimously, as was also

the case in some resolutions of German mark (border) communities. It was

the special duty of the tribal council to regulate the relations with

foreign tribes. The council received and despatched legations, declared

war and made peace. War was carried on principally by volunteers.

"Theoretically, each tribe was at war with every other tribe with which

it had not formed a treaty of peace."

Expeditions against such enemies were generally organized by certain

prominent warriors. They started a war dance, and whoever took part in

it thereby declared his intention to join the expedition. Ranks were

formed and the march began immediately. The defense of the attacked

tribal territory was also generally carried on by volunteers. The exodus

and the return of such columns was always the occasion of public

festivities. The consent of the tribal council for such expeditions was

not required, and was neither asked nor given. This corresponds to the

private war expeditions of German followers described by Tacitus. Only

these German groups of followers had already assumed a more permanent

character, forming a standing center organized during peace, around

which the other volunteers gathered in case of war. Such war columns

were rarely strong in numbers. The most important expeditions of the

Indians, even for long distances, were undertaken by insignificant

forces. If more than one group joined for a great expedition, every

group obeyed its own leader. The uniformity of the campaign plan was

secured as well as possible by a council of these leaders. This is the

mode of warfare among the Allemani in the fourth century on the Upper

Rhine, as described by Ammianus Marcellinus.

7. In some tribes we find a head chief, whose power, however, is

limited. He is one of the sachems who has to take provisional measures

in cases requiring immediate action, until the council can assemble and

decide. He represents a feeble, but generally undeveloped prototype of

an official with executive power. The latter, as we shall see, developed

in most cases out of the highest war chief.

The great majority of American Indians did not go beyond the league of

tribes. With a few tribes of small membership, separated by wide

boundary tracts, weakened by unceasing warfare, they occupied an immense

territory. Leagues were now and then formed by kindred tribes as the

result of momentary necessity and dissolved again under more favorable

conditions. But in certain districts, tribes of the same kin had again

found their way out of disbandment into permanent federations, making

the first step towards the formation of nations. In the United States we

find the highest form of such a league among the Iroquois. Emigrating

from their settlements west of the Mississippi, where they probably

formed a branch of the great Dakota family, they settled at last after

long wanderings in the present State of New York. They had five tribes:

Senecas, Cayugas, Onondagas, Oneidas and Mohawks. They lived on fish,

venison, and the products of rough gardening, inhabiting villages

protected by stockades. Their number never exceeded 20,000, and certain

gentes were common to all five tribes. They spoke closely related

dialects of the same language and occupied territories contiguous to one

another. As this land was won by conquest, it was natural for these

tribes to stand together against the expelled former inhabitants. This

led, not later than the beginning of the fifteenth century, to a regular

"eternal league," a sworn alliance that immediately assumed an

aggressive character, relying on its newly won strength. About 1675, at

the summit of its power, it had conquered large districts round about

and partly expelled the inhabitants, partly made them tributary. The

Iroquois League represented the most advanced social organization

attained by Indians that had not passed the lower stage of barbarism.

This excludes only the Mexicans, New Mexicans and Peruvians.

The fundamental provisions of the league were:

1. Eternal federation of the five consanguineous tribes on the basis of

perfect equality and independence in all internal tribal matters. This

consanguinity formed the true fundament of the league. Three of these

tribes, called father tribes, were brothers to one another; the other

two, also mutual brothers, were called son tribes. The three oldest

gentes were represented by living members in all five tribes, and these

members were all regarded as brothers. Three other gentes were still

alive in three tribes, and all of their members called one another

brothers. The common language, only modified by variations of dialect,

was the expression and proof of their common descent.

2. The official organ of the league was a federal council of fifty

sachems, all equal in rank and prominence. This council had the supreme

decision in all federal matters.

3. On founding this league the fifty sachems had been assigned to the

different tribes and gentes as holders of new offices created especially

for federal purposes. Vacancies were filled by new elections in the

gens, and the holders of these offices could be deposed at will. But the

right of installation belonged to the federal council.

4. These federal sachems were at the same time sachems of their tribe

and had a seat and a vote in the tribal council.

5. All decisions of the federal council had to be unanimous.

6. The votes were cast by tribes, so that every tribe and the council

members of each tribe had to vote together in order to adopt a final

resolution.

7. Any one of the five tribes could convoke the federal council, but the

council could not convene itself.

8. Federal meetings were held publicly in the presence of the assembled

people. Every Iroquois could have the word, but the final decision

rested with the council.

9. The league had no official head, no executive chief.

10. It had, however, two high chiefs of war, both with equal functions

and power (the two "kings" of Sparta, the two consuls of Rome).

This was the whole constitution, under which the Iroquois lived over

four hundred years and still live. I have described it more fully after

Morgan, because we have here an opportunity for studying the

organization of a society that does not yet know a state. The state

presupposes a public power of coërcion separated from the aggregate

body of its members. Maurer, with correct intuition, recognized the

constitution of the German Mark as a purely social institution,

essentially different from that of a state, though furnishing the

fundament on which a state constitution could be erected later on. Hence

in all of his writings, he traced the gradual rise of the public power

of coërcion from and by the side of primordial constitutions of marks,

villages, farms and towns. The North American Indians show how an

originally united tribe gradually spreads over an immense continent; how

tribes by segmentation become nations, whole groups of tribes; how

languages change so that they not only become unintelligible to one

another, but also lose every trace of former unity; how at the same time

one gens splits up into several gentes, how the old mother gentes are

preserved in the phratries and how the names of these oldest gentes

still remain the same in widely distant and long separated tribes. Wolf

and bear still are gentile names in a majority of all Indian tribes. And

the above named constitution is essentially applicable to all of them,

except that many did not reach the point of forming leagues of related

tribes.

But once the gens was given as a social unit, we also see how the whole

constitution of gentes, phratries and tribes developed with almost

unavoidable necessity--because naturally--from the gens. All three of

them are groups of differentiated consanguine relations. Each is

complete in itself, arranges its own local affairs and supplements the

other groups. And the cycle of functions performed by them includes the

aggregate of the public affairs of men in the lower stage of barbarism.

Wherever we find the gens as the social unit of a nation, we are

justified in searching for a tribal organization similar to the one

described above. And whenever sufficient material is at hand, as in

Greek and Roman history, there we shall not only find such an

organization, but we may also be assured that the comparison with the

American sex organizations will assist us in solving the most perplexing

doubts and riddles in places where the material forsakes us.

How wonderful this gentile constitution is in all its natural

simplicity! No soldiers, gendarmes and policemen, no nobility, kings,

regents, prefects or judges, no prisons, no lawsuits, and still affairs

run smoothly. All quarrels and disputes are settled by the entire

community involved in them, either the gens or the tribe or the various

gentes among themselves. Only in very rare cases the blood revenge is

threatened as an extreme measure. Our capital punishment is simply a

civilized form of it, afflicted with all the advantages and drawbacks of

civilization. Not a vestige of our cumbersome and intricate system of

administration is needed, although there are more public affairs to be

settled than nowadays: the communistic household is shared by a number

of families, the land belongs to the tribe, only the gardens are

temporarily assigned to the households. The parties involved in a

question settle it and in most cases the hundred-year-old traditions

have settled everything beforehand. There cannot be any poor and

destitute--the communistic households and the gentes know their duties

toward the aged, sick and disabled. All are free and equal--the women

included. There is no room yet for slaves, nor for the subjugation of

foreign tribes. When about 1651 the Iroquois had vanquished the Eries

and the "Neutral Nation," they offered to adopt them into the league on

equal terms. Only when the vanquished declined this offer they were

driven out of their territory.

What splendid men and women were produced by such a society! All the

white men who came into contact with unspoiled Indians admired the

personal dignity, straightforwardness, strength of character and bravery

of these barbarians.

We lately received proofs of such bravery in Africa. A few years ago the

Zulus, and some months ago the Nubians, both of which tribes still

retain the gentile organization, did what no European army can do. Armed

only with lances and spears, without any firearms, they advanced under a

hail of bullets from breechloaders up to the bayonets of the English

infantry--the best of the world for fighting in closed ranks--and threw

them into confusion more than once, yea, even forced them to retreat in

spite of the immense disparity of weapons, and in spite of the fact that

they have no military service and don't know anything about drill. How

enduring and able they are, is proved by the complaints of the English

who admit that a Kaffir can cover a longer distance in twenty-four hours

than a horse. The smallest muscle springs forth, hard and tough like a

whiplash, says an English painter.

Such was human society and its members, before the division into classes

had taken place. And a comparison of that social condition with the

condition of the overwhelming majority of present day society shows the

enormous chasm that separates our proletarian and small farmer from the

free gentile of old.

That is one side of the question. We must not overlook, however, that

this organization was doomed. It did not pass beyond the tribe. The

league of tribes marked the beginning of its downfall, as we shall see,

and as the attempts of the Iroquois at subjugating others showed.

Whatever went beyond the tribe, went outside of gentilism. Where no

direct peace treaty existed, there war reigned from tribe to tribe. And

this war was carried on with the particular cruelty that distinguishes

man from other animals, and that was modified later on simply by

self-interest.

The gentile constitution in its most flourishing time, such as we saw it

in America, presupposed a very undeveloped state of production, hence a

population thinly scattered over a wide area. Man was almost completely

dominated by nature, a strange and incomprehensible riddle to him. His

simple religious conceptions clearly reflect this. The tribe remained

the boundary line for man, as well in regard to himself as to strangers

outside. The gens, the tribe and their institutions were holy and

inviolate. They were a superior power instituted by nature, and the

feelings, thoughts and actions of the individual remained

unconditionally subject to them. Commanding as the people of this epoch

appear to us, nothing distinguishes one from another. They are still

attached, as Marx has it, to the navel string of the primordial

community.

The power of these natural and spontaneous communities had to be broken,

and it was. But it was done by influences that from the very beginning

bear the mark of degradation, of a downfall from the simple moral

grandeur of the old gentile society. The new system of classes is

inaugurated by the meanest impulses: vulgar covetousness, brutal lust,

sordid avarice, selfish robbery of common wealth. The old gentile

society without classes is undermined and brought to fall by the most

contemptible means: theft, violence, cunning, treason. And during all

the thousands of years of its existence, the new society has never been

anything else but the development of the small minority at the expense

of the exploited and oppressed majority. More than ever this is true at

present.

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