We have now passed over, with a mere glance, two ethnical periods,

which covered four-fifths, at least, of the entire existence of mankind

upon the earth. While in the Lower Status, the higher attributes of man

began to manifest themselves. Personal dignity, eloquence in speech,

religious sensibility, rectitude, manliness and courage were now

common traits of character; but cruelty, treachery and fanaticism were

equally common. Element worship in religion, with a dim conception of

personal gods, and of a Great Spirit, rude verse-making, joint-tenement

houses, and bread from maize, belong to this period. It also produced

the syndyasmian family, and the confederacy of tribes organized in

gentes and phratries. The imagination, that great faculty which has

contributed so largely to the elevation of mankind, was now producing

an unwritten literature of myths, legends and traditions, which had

already become a powerful stimulus upon the race.

III. _Property in the Middle Status of Barbarism._

The condition of mankind in this ethnical period has been more

completely lost than that of any other. It was exhibited by the

Village Indians of North and South America in barbaric splendor at

the epoch of their discovery. Their governmental institutions, their

religious tenets, their plan of domestic life, their arts and their

rules in relation to the ownership and inheritance of property, might

have been completely obtained; but the opportunity was allowed to

escape. All that remains are scattered portions of the truth buried in

misconceptions and romantic tales.

This period opens in the Eastern hemisphere with the domestication of

animals, and in the Western with the appearance of the Village Indians,

living in large joint-tenement houses of adobe brick, and, in some

areas, of stone laid in courses. It was attended with the cultivation

of maize and plants by irrigation, which required artificial canals,

and garden beds laid out in squares, with raised ridges to contain

the water until absorbed. When discovered, they were well advanced

toward the close of the Middle Period, a portion of them having made

bronze, which brought them near the higher process of smelting iron

ore. The joint-tenement house was in the nature of a fortress, and held

an intermediate position between the stockaded village of the Lower,

and the walled city of the Upper Status. There were no cities, in

the proper sense of the term, in America when discovered. In the art

of war they had made but little progress, except in defense, by the

construction of great houses generally impregnable to Indian assault.

But they had invented the quilted mantle (_escaupiles_), stuffed with

cotton, as a further shield against the arrow,[505] and the two-edged

sword (_macuahuitl_),[506] each edge having a row of angular flint

points imbedded in the wooden blade. They still used the bow and arrow,

the spear, and the war-club, flint knives and hatchets, and stone

implements,[507] although they had the copper axe and chisel, which for

some reason never came into general use.

To maize, beans, squashes and tobacco, were now added cotton, pepper,

tomato, cacao, and the care of certain fruits. A beer was made by

fermenting the juice of the maguey. The Iroquois, however, had produced

a similar beverage by fermenting maple sap. Earthen vessels of capacity

to hold several gallons, of fine texture and superior ornamentation,

were produced by improved methods in the ceramic art. Bowls, pots and

water-jars were manufactured in abundance. The discovery and use of

the native metals first for ornaments, and finally for implements and

utensils, such as the copper axe and chisel, belong to this period.

The melting of these metals in the crucible, with the probable use

of the blow-pipe and charcoal, and casting them in moulds, the

production of bronze, rude stone sculptures, the woven garment of

cotton,[508] the house of dressed stone, ideographs or hieroglyphs

cut on the grave-posts of deceased chiefs, the calendar for measuring

time, and the solstitial stone for marking the seasons, cyclopean

walls, the domestication of the llama, of a species of dog, of the

turkey and other fowls, belong to the same period in America. A

priesthood organized in a hierarchy, and distinguished by a costume,

personal gods with idols to represent them, and human sacrifices,

appear for the first time in this ethnical period. Two large Indian

pueblos, Mexico and Cusco, now appear, containing over twenty thousand

inhabitants, a number unknown in the previous period. The aristocratic

element in society began to manifest itself in feeble forms among the

chiefs, civil and military, through increased numbers under the same

government, and the growing complexity of affairs.

Turning to the Eastern hemisphere, we find its native tribes, in the

corresponding period, with domestic animals yielding them a meat and

milk subsistence, but probably without horticultural and without

farinaceous food. When the great discovery was made that the wild

horse, cow, sheep, ass, sow and goat might be tamed, and, when produced

in flocks and herds, become a source of permanent subsistence, it must

have given a powerful impulse to human progress. But the effect would

not become general until pastoral life for the creation and maintenance

of flocks and herds became established. Europe, as a forest area in the

main, was unadapted to the pastoral state; but the grass plains of high

Asia, and upon the Euphrates, the Tigris and other rivers of Asia, were

the natural homes of the pastoral tribes. Thither they would naturally

tend; and to these areas we trace our own remote ancestors, where they

were found confronting like pastoral Semitic tribes. The cultivation of

cereals and plants must have preceded their migration from the grass

plains into the forest areas of Western Asia and of Europe. It would

be forced upon them by the necessities of the domestic animals now

incorporated in their plan of life. There are reasons, therefore, for

supposing that the cultivation of cereals by the Aryan tribes preceded

their western migration, with the exception perhaps of the Celts. Woven

fabrics of flax and wool, and bronze implements and weapons appear in

this period in the Eastern hemisphere.

Such were the inventions and discoveries which signalized the Middle

Period of barbarism. Society was now more highly organized, and its

affairs were becoming more complex. Differences in the culture of the

two hemispheres now existed in consequence of their unequal endowments;

but the main current of progress was steadily upward to a knowledge of

iron and its uses. To cross the barrier into the Upper Status, metallic

tools able to hold an edge and point were indispensable. Iron was the

only metal able to answer these requirements. The most advanced tribes

were arrested at this barrier, awaiting the invention of the process of

smelting iron ore.

From the foregoing considerations it is evident that a large increase

of personal property had now occurred, and some changes in the

relations of persons to land. The territorial domain still belonged

to the tribe in common; but a portion was now set apart for the

support of the government, another for religious uses, and another

and more important portion, that from which the people derived their

subsistence, was divided among the several gentes, or communities of

persons who resided in the same pueblo (_supra_, p. 200). That any

persons owned lands or houses in his own right, with power to sell

and convey in fee-simple to whomsoever he pleased, is not only

unestablished but improbable. Their mode of owning their lands in

common, by gentes, or by communities of persons, their joint-tenement

houses, and their mode of occupation by related families, precluded

the individual ownership of houses or of lands. A right to sell an

interest in such lands or in such houses, and to transfer the same to

a stranger, would break up their plan of life.[509] The possessory

right, which we must suppose existed in individuals or in families, was

inalienable, except within the gens, and on the demise of the person

would pass by inheritance to his or her gentile heirs. Joint-tenement

houses, and lands in common, indicate a plan of life adverse to

individual ownership.

The Moqui Village Indians, besides their seven large pueblos and their

gardens, now have flocks of sheep, horses and mules, and considerable

other personal property. They manufacture earthen vessels of many

sizes and of excellent quality, and woolen blankets in looms, and with

yarn of their own production. Major J. W. Powell noticed the following

case at the pueblo of Oraybe, which shows that the husband acquires

no rights over the property of the wife, or over the children of the

marriage. A Zunian married an Oraybe woman, and had by her three

children. He resided with them at Oraybe until his wife died, which

occurred while Major Powell was at the pueblo. The relatives of the

deceased wife took possession of her children and of her household

property; leaving to him his horse, clothing and weapons. Certain

blankets which belonged to him he was allowed to take, but those

belonging to his wife remained. He left the pueblo with Major Powell,

saying he would go with him to Santa Fé, and then return to his own

people at Zuñi. Another case of a similar kind occurred at another of

the Moqui pueblos (She-pow-e-luv-ih), which also came to the notice of

my informant. A woman died, leaving children and a husband, as well

as property. The children and the property were taken by the deceased

wife’s relatives; all the husband was allowed to take was his clothing.

Whether he was a Moqui Indian or from another tribe, Major Powell, who

saw the person, did not learn. It appears from these cases that the

children belonged to the mother, and not to the father, and that he was

not allowed to take them even after the mother’s death. Such also was

the usage among the Iroquois and other northern tribes. Furthermore,

the property of the wife was kept distinct, and belonged to her

relatives after her death. It tends to show that the wife took nothing

from her husband, as an implication from the fact that the husband took

nothing from the wife. Elsewhere it has been shown that this was the

usage among the Village Indians of Mexico.

Women, as well as men, not unlikely, had a possessory right to such

rooms and sections of these pueblo houses as they occupied; and they

doubtless transmitted these rights to their nearest of kin, under

established regulations. We need to know how these sections of each

pueblo are owned and inherited, whether the possessor has the right to

sell and transfer to a stranger, and if not, the nature and limits of

his possessory right. We also need to know who inherits the property

of the males, and who inherits the property of the females. A small

amount of well-directed labor would furnish the information now so much

desired.

The Spanish writers have left the land tenure of the southern tribes

in inextricable confusion. When they found a community of persons

owning lands in common, which they could not alienate, and that one

person among them was recognized as their chief, they at once treated

these lands as a feudal estate, the chief as a feudal lord, and the

people who owned the lands in common as his vassals. At best, it was a

perversion of the facts. One thing is plain, namely, that these lands

were owned in common by a community of persons; but one, not less

essential, is not given, namely, the bond of union which held these

persons together. If a gens, or a part of a gens, the whole subject

would be at once understood.

Descent in the female line still remained in some of the tribes of

Mexico and Central America, while in others, and probably in the

larger portion, it had been changed to the male line. The influence of

property must have caused the change, that children might participate

as agnates in the inheritance of their father’s property. Among the

Mayas, descent was in the male line, while among the Aztecs, Tezcucans,

Tlacopans and Tlascalans, it is difficult to determine whether it

was in the male or the female line. It is probable that descent was

being changed to the male line among the Village Indians generally,

with remains of the archaic rule manifesting themselves, as in the

case of the office of Teuctli. The change would not overthrow gentile

inheritance. It is claimed by a number of Spanish writers that the

children, and in some cases the eldest son, inherited the property of a

deceased father; but such statements, apart from an exposition of their

system, are of little value.

Among the Village Indians, we should expect to find the second great

rule of inheritance which distributed the property among the agnatic

kindred. With descent in the male line, the children of a deceased

person would stand at the head of the agnates, and very naturally

receive the greater portion of the inheritance. It is not probable

that the third great rule, which gave an exclusive inheritance to the

children of the deceased owner, had become established among them.

The discussion of inheritances by the earlier and later writers is

unsatisfactory, and devoid of accurate information. Institutions,

usages and customs still governed the question, and could alone explain

the system. Without better evidence than we now possess, an exclusive

inheritance by children cannot be asserted.

CHAPTER II.

THE THREE RULES OF INHERITANCE—CONTINUED.

PROPERTY IN THE UPPER STATUS OF BARBARISM.—SLAVERY.—TENURE

OF LANDS IN GRECIAN TRIBES.—CULTURE OF THE PERIOD.—ITS

BRILLIANCY.—THIRD RULE OF INHERITANCE.—EXCLUSIVELY IN

CHILDREN.—HEBREW TRIBES.—RULE OF INHERITANCE.—DAUGHTERS OF

ZELOPHEHAD.—PROPERTY REMAINED IN THE PHRATRY, AND PROBABLY IN

THE GENS.—THE REVERSION.—ATHENIAN INHERITANCE.—EXCLUSIVELY

IN CHILDREN.—THE REVERSION.—INHERITANCE REMAINED IN

THE GENS.—HEIRESSES.—WILLS.—ROMAN INHERITANCE.—THE

REVERSION.—PROPERTY REMAINED IN THE GENS.—APPEARANCE OF

ARISTOCRACY.—PROPERTY CAREER OF THE HUMAN RACE.—UNITY OF

ORIGIN OF MANKIND.

The last great period of barbarism was never entered by the American

aborigines. It commenced in the Eastern, according to the scheme

adopted, with the production and use of iron.

The process of smelting iron ore was the invention of inventions, as

elsewhere suggested, beside which all other inventions and discoveries

hold a subordinate position. Mankind, notwithstanding a knowledge of

bronze, were still arrested in their progress for the want of efficient

metallic tools, and for the want of a metal of sufficient strength and

hardness for mechanical appliances. All these qualities were found for

the first time in iron. The accelerated progress of human intelligence

dates from this invention. This ethnical period, which is made forever

memorable, was, in many respects, the most brilliant and remarkable

in the entire experience of mankind. It is so overcrowded with

achievements as to lead to a suspicion that many of the works ascribed

to it belong to the previous period.

IV. _Property in the Upper Status of Barbarism._—Near the end of this

period, property in masses, consisting of many kinds and held by

individual ownership, began to be common, through settled agriculture,

manufactures, local trade and foreign commerce; but the old tenure of

lands under which they were held in common had not given place, except

in part, to ownership in severalty. Systematic slavery originated

in this status. It stands directly connected with the production of

property. Out of it came the patriarchal family of the Hebrew type,

and the similar family of the Latin tribes under paternal power, as

well as a modified form of the same family among the Grecian tribes.

From these causes, but more particularly from the increased abundance

of subsistence through field agriculture, nations began to develop,

numbering many thousands under one government, where before they would

be reckoned by a few thousands. The localization of tribes in fixed

areas and in fortified cities, with the increase of the numbers of

the people, intensified the struggle for the possession of the most

desirable territories. It tended to advance the art of war, and to

increase the rewards of individual prowess. These changes of condition

and of the plan of life indicate the approach of civilization, which

was to overthrow gentile and establish political society.

Although the inhabitants of the Western hemisphere had no part in the

experience which belongs to this status, they were following down the

same lines on which the inhabitants of the Eastern had passed. They

had fallen behind the advancing column of the human race by just the

distance measured by the Upper Status of barbarism and the superadded

years of civilization.

We are now to trace the growth of the idea of property in this status

of advancement, as shown by its recognition in kind, and by the rules

that existed with respect to its ownership and inheritance.

The earliest laws of the Greeks, Romans and Hebrews, after

civilization had commenced, did little more than turn into legal

enactments the results which their previous experience had embodied

in usages and customs. Having the final laws and the previous archaic

rules, the intermediate changes, when not expressly known, may be

inferred with tolerable certainty.

At the close of the Later Period of barbarism, great changes had

occurred in the tenure of lands. It was gradually tending to two forms

of ownership, namely, by the state and by individuals. But this result

was not fully secured until after civilization had been attained. Lands

among the Greeks were still held, as we have seen, some by the tribes

in common, some by the phratry in common for religious uses, and some

by the gens in common; but the bulk of the lands had fallen under

individual ownership in severalty. In the time of Solon, while Athenian

society was still gentile, lands in general were owned by individuals,

who had already learned to mortgage them;[510] but individual

ownership was not then a new thing. The Roman tribes, from their first

establishment, had a public domain, the _Ager Romanus_; while lands

were held by the _curia_ for religious uses, by the gens, and by

individuals in severalty. After these social corporations died out,

the lands held by them in common gradually became private property.

Very little is known beyond the fact that certain lands were held by

these organizations for special uses, while individuals were gradually

appropriating the substance of the national areas.

These several forms of ownership tend to show that the oldest tenure,

by which land was held, was by the tribe in common; that after its

cultivation began, a portion of the tribe lands was divided among the

gentes, each of which held their portion in common; and that this

was followed, in course of time, by allotments to individuals, which

allotments finally ripened into individual ownership in severalty.

Unoccupied and waste lands still remained as the common property of

the gens, the tribe and the nation. This, substantially, seems to have

been the progress of experience with respect to the ownership of land.

Personal property, generally, was subject to individual ownership.

The monogamian family made its first appearance in the Upper Status of

barbarism, the growth of which out of a previous syndyasmian form was

intimately connected with the increase of property, and with the usages

in respect to its inheritance. Descent had been changed to the male

line; but all property, real as well as personal, remained, as it had

been from time immemorial, hereditary in the gens.

Our principal information concerning the kinds of property, that

existed among the Grecian tribes in this period, is derived from the

Homeric poems, and from the early laws of the period of civilization

which reflect ancient usages. Mention is made in the Iliad of

_fences_[511] around cultivated fields, of an _enclosure of fifty

acres_ (πεντηκοντόγυος), half of which was fit for vines and the

remainder for tillage;[512] and it is said of Tydeus that he lived

in a mansion rich in resources, and had corn-producing fields in

abundance.[513] There is no reason to doubt that lands were then

fenced and measured, and held by individual ownership. It indicates

a large degree of progress in a knowledge of property and its

uses. Breeds of horses were already distinguished for particular

excellence.[514] Herds of cattle and flocks of sheep possessed by

individuals are mentioned, as “sheep of a rich man standing countless

in the fold.”[515] Coined money was still unknown, consequently trade

was by barter of commodities, as indicated by the following lines:

“Thence the long-haired Greeks bought wine, some for brass, some for

shining iron, others for hides, some for the oxen themselves, and

some for slaves.”[516] Gold in bars, however, is named as passing by

weight and estimated by talents.[517] Manufactured articles of gold,

silver, brass and iron, and textile fabrics of linen and woolen in many

forms, together with houses and palaces, are mentioned. It will not be

necessary to extend the illustrations. Those given are sufficient to

indicate the great advance society had attained in the Upper Status of

barbarism, in contrast with that in the immediately previous period.

After houses and lands, flocks and herds, and exchangeable commodities

had become so great in quantity, and had come to be held by individual

ownership, the question of their inheritance would press upon human

attention until the right was placed upon a basis which satisfied

the growing intelligence of the Greek mind. Archaic usages would

be modified in the direction of later conceptions. The domestic

animals were a possession of greater value than all kinds of property

previously known put together. They served for food, were exchangeable

for other commodities, were usable for redeeming captives, for paying

fines, and in sacrifices in the observance of their religious rites.

Moreover, as they were capable of indefinite multiplication in numbers,

their possession revealed to the human mind its first conception of

wealth. Following upon this, in course of time, was the systematical

cultivation of the earth, which tended to identify the family with

the soil, and render it a property-making organization. It soon found

expression, in the Latin, Grecian and Hebrew tribes, in the family

under paternal power, involving slaves and servants. Since the labor of

the father and his children became incorporated more and more with the

land, with the production of domestic animals, and with the creation

of merchandise, it would not only tend to individualize the family,

now monogamian, but also to suggest the superior claims of children to

the inheritance of the property they had assisted in creating. Before

lands were cultivated, flocks and herds would naturally fall under

the joint ownership of persons united in a group, on a basis of kin,

for subsistence. Agnatic inheritance would be apt to assert itself in

this condition of things. But when lands had become the subject of

property, and allotments to individuals had resulted in individual

ownership, the third great rule of inheritance, which gave the property

to the children of the deceased owner, was certain to supervene upon

agnatic inheritance. There is no direct evidence that strict agnatic

inheritance ever existed among the Latin, Grecian or Hebrew tribes,

excepting in the reversion, established alike in Roman, Grecian and

Hebrew law; but that an exclusive agnatic inheritance existed in the

early period may be inferred from the reversion.

When field agriculture had demonstrated that the whole surface of the

earth could be made the subject of property owned by individuals in

severalty, and it was found that the head of the family became the

natural center of accumulation, the new property career of mankind was

inaugurated. It was fully done before the close of the Later Period of

barbarism. A little reflection must convince any one of the powerful

influence property would now begin to exercise upon the human mind, and

of the great awakening of new elements of character it was calculated

to produce. Evidence appears, from many sources, that the feeble

impulse aroused in the savage mind had now become a tremendous passion

in the splendid barbarian of the heroic age. Neither archaic nor later

usages could maintain themselves in such an advanced condition. The

time had now arrived when monogamy, having assured the paternity of

children, would assert and maintain their exclusive right to inherit

the property of their deceased father.[518]

In the Hebrew tribes, of whose experience in barbarism very little is

known, individual ownership of lands existed before the commencement of

their civilization. The purchase from Ephron by Abraham of the cave of

Machpelah is an illustration.[519] They had undoubtedly passed through

a previous experience in all respects similar to that of the Aryan

tribes; and came out of barbarism, like them, in possession of the

domestic animals and of the cereals, together with a knowledge of iron

and brass, of gold and silver, of fictile wares and of textile fabrics.

But their knowledge of field agriculture was limited in the time of

Abraham. The reconstruction of Hebrew society, after the Exodus, on the

basis of consanguine tribes, to which on reaching Palestine territorial

areas were assigned, shows that civilization found them under gentile

institutions, and below a knowledge of political society. With respect

to the ownership and inheritance of property, their experience seems

to have been coincident with that of the Roman and Grecian tribes, as

can be made out, with some degree of clearness, from the legislation

of Moses. Inheritance was strictly within the phratry, and probably

within the gens, namely “the house of the father.” The archaic rule of

inheritance among the Hebrews is unknown, except as it is indicated

by the reversion, which was substantially the same as in the Roman

law of the Twelve Tables. We have this law of reversion, and also

an illustrative case, showing that after children had acquired an

exclusive inheritance, daughters succeeded in default of sons. Marriage

would then transfer their property from their own gens to that of

their husband’s, unless some restraint, in the case of heiresses, was

put on the right. Presumptively and naturally, marriage within the

gens was prohibited. This presented the last great question which

arose with respect to gentile inheritance. It came before Moses as

a question of Hebrew inheritance, and before Solon as a question of

Athenian inheritance, the gens claiming a paramount right to its

retention within its membership; and it was adjudicated by both, in

the same manner. It may be reasonably supposed that the same question

had arisen in the Roman gentes, and was in part met by the rule that

the marriage of a female worked a _deminutio capitis_, and with it a

forfeiture of agnatic rights. Another question was involved in this

issue; namely, whether marriage should be restricted by the rule

forbidding it within the gens, or become free; the degree, and not the

fact of kin, being the measure of the limitation. This last rule was to

be the final outcome of human experience with respect to marriage. With

these considerations in mind, the case to be cited sheds a strong light

upon the early institutions of the Hebrews, and shows their essential

similarity with those of the Greeks and Romans under gentilism.

Zelophehad died leaving daughters, but no sons, and the inheritance

was given to the former. Afterwards, these daughters being about to

marry out of the tribe of Joseph, to which they belonged, the members

of the tribe objecting to such a transfer of the property, brought

the question before Moses, saying: “If they be married to any of the

sons of the _other_ tribes of the children of Israel, then shall the

inheritance be taken from the inheritance of our fathers, and shall

be put to the inheritance of the tribe whereunto they are received:

so shall it be taken from the lot of our inheritance.”[520] Although

this language is but the statement of the results of a proposed act,

it implies a grievance; and that grievance was the transfer of the

property from the gens and tribe to which it was conceived as belonging

by hereditary right. The Hebrew lawgiver admits this right in the

language of his decision. “The tribe of the sons of Joseph hath spoken

well. This _is_ the thing which the Lord doth command concerning the

daughters of Zelophehad, saying, Let them marry to whom they think

best: only to the family of the tribe of their father shall they

marry. So shall not the inheritance of the children of Israel remove

from tribe to tribe: for every one of the children of Israel shall

keep himself to the inheritance of the tribe of his fathers. And every

daughter that possesseth an inheritance in any tribe of the children

of Israel shall be wife unto one of the family of the tribe of her

father, that the children of Israel may enjoy every man the inheritance

of his fathers.”[521] They were required to marry into their own

phratry (_supra_, p. 368), but not necessarily into their own gens. The

daughters of Zelophehad were accordingly “married to their father’s

brother’s sons,”[522] who were not only members of their own phratry,

but also of their own gens. They were also their nearest agnates.

On a previous occasion, Moses had established the rule of inheritance

and of reversion in the following explicit language. “And thou shalt

speak unto the children of Israel, saying, If a man die and have no

son, then you shall cause his inheritance to pass unto his daughters.

And if he have no daughter, then you shall give his inheritance unto

his brothers. And if he have no brethren, then ye shall give his

inheritance unto his father’s brethren. And if his father have no

brethren, then ye shall give his inheritance unto his kinsman, that is

next to him of his family, and he shall possess it.”[523]

Three classes of heirs are here named; first, the children of the

deceased owner; second, the agnates, in the order of their nearness;

and third, the gentiles, restricted to the members of the phratry of

the decedent. The first class of heirs were the children; but the

inference would be that the sons took the property, subject to the

obligation of maintaining the daughters. We find elsewhere that the

eldest son had a double portion. In default of sons, the daughters

received the inheritance. The second class were the agnates, divided

into two grades; first, the brethren of the decedent, in default of

children, received the inheritance; and second, in default of them, the

brethren of the father of the decedent. The third were the gentiles,

also in the order of their nearness, namely, “his kinsman that is next

to him of his family.” As the “family of the tribe” is the analogue of

the phratry (_supra_, p. 369), the property, in default of children

and of agnates, went to the nearest phrator of the deceased owner.

It excluded cognates from the inheritance, so that a phrator, more

distant than a father’s brother, would inherit in preference to the

children of a sister of the decedent. Descent is shown to have been in

the male line, and the property must remain hereditary in the gens.

It will be noticed that the father did not inherit from his son, nor

the grandfather from his grandson. In this respect and in nearly all

respects, the Mosaic law agrees with the law of the Twelve Tables. It

affords a striking illustration of the uniformity of human experience,

and of the growth of the same ideas in parallel lines in different

races.

At a later day, the Levitical law established marriage upon a new basis

independent of gentile law. It prohibited its occurrence within certain

prescribed degrees of consanguinity and affinity, and declared it

free beyond those degrees. This uprooted gentile usages in respect to

marriage among the Hebrews; and it has now become the rule of Christian

nations.

Turning to the laws of Solon concerning inheritances, we find them

substantially the same as those of Moses. From this coincidence, an

inference arises that the antecedent usages, customs and institutions

of the Athenians and Hebrews were much the same in relation to

property. In the time of Solon, the third great rule of inheritance

was fully established among the Athenians. The sons took the estate

of their deceased father equally; but charged with the obligation of

maintaining the daughters, and of apportioning them suitably on their

marriage. If there were no sons, the daughters inherited equally. This

created heiresses (ἐπίκληροι) by investing women with estates, who

like the daughters of Zelophehad, would transfer the property, by

their marriage, from their own gens to that of their husband. The

same question came before Solon that had been brought before Moses,

and was decided in the same way. To prevent the transfer of property

from gens to gens by marriage, Solon enacted that the heiress should

marry her nearest male agnate, although they belonged to the same gens,

and marriage between them had previously been prohibited by usage.

This became such a fixed rule of Athenian law, that M. De Coulanges,

in his original and suggestive work, expresses the opinion that the

inheritance passed to the agnate, subject to the obligation of marrying

the heiress.[524] Instances occurred where the nearest agnate, already

married, put away his wife in order to marry the heiress, and thus

gain the estate. Protomachus, in the Eubulides of Demosthenes, is an

example.[525] But it is hardly supposable that the law compelled the

agnate to divorce his wife and marry the heiress, or that he could

obtain the estate without becoming her husband. If there were no

children, the estate passed to the agnates, and in default of agnates,

to the gentiles of the deceased owner. Property was retained within the

gens as inflexibly among the Athenians as among the Hebrews and the

Romans. Solon turned into a law what, probably, had before become an

established usage.

The progressive growth of the idea of property is illustrated by the

appearance of testamentary dispositions established by Solon. This

right was certain of ultimate adoption; but it required time and

experience for its development. Plutarch remarks that Solon acquired

celebrity by his law in relation to testaments, which before that was

not allowed; but the property and homestead must remain in the gens

(γένει) of the decedent. When he permitted a person to devise his

own property to any one he pleased, in case he had no children, he

honored friendship more than kinship, and made property the rightful

possession of the owner.[526] This law recognized the absolute

individual ownership of property by the person while living, to which

was now superadded the power of disposing of it by will to whomsoever

he pleased, in case he had no children; but the gentile right to the

property remained paramount so long as children existed to represent

him in the gens. Thus at every point we meet the evidence that the

great principles, which now govern society, were elaborated step by

step, proceeding in sequences, and tending invariably in the same

upward direction. Although several of these illustrations are drawn

from the period of civilization, there is no reason for supposing that

the laws of Solon were new creations independent of antecedents. They

rather embodied in positive form those conceptions, in relation to

property, which had gradually developed through experience, to the full

measure of the laws themselves. Positive law was now substituted for

customary law.

The Roman law of the Twelve Tables (first promulgated 449 B. C.)[527]

contain the rules of inheritance as then established. The property

passed first to the children, equally with whom the wife of the

decedent was a co-heiress; in default of children and descendants in

the male line, it passed to the agnates in the order of their nearness;

and in default of agnates it passed to the gentiles.[528] Here we find

again, as the fundamental basis of the law, that the property must

remain in the gens. Whether the remote ancestors of the Latin, Grecian

and Hebrew tribes possessed, one after the other, the three great

rules of inheritance under consideration, we have no means of knowing,

excepting through the reversion. It seems a reasonable inference

that inheritance was acquired in the inverse order of the law as it

stands in the Twelve Tables; that inheritance by the gentiles preceded

inheritance by the agnates, and that inheritance by the agnates

preceded an exclusive inheritance by the children.

During the Later Period of barbarism a new element, that of

aristocracy, had a marked development. The individuality of persons,

and the increase of wealth now possessed by individuals in masses,

were laying the foundation of personal influence. Slavery, also, by

permanently degrading a portion of the people, tended to establish

contrasts of condition unknown in the previous ethnical periods. This,

with property and official position, gradually developed the sentiment

of aristocracy, which has so deeply penetrated modern society, and

antagonized the democratical principles created and fostered by the

gentes. It soon disturbed the balance of society by introducing unequal

privileges, and degrees of respect for individuals among people of the

same nationality, and thus became the source of discord and strife.

In the Upper Status of barbarism, the office of chief in its different

grades, originally hereditary in the gens and elective among its

members, passed, very likely, among the Grecian and Latin tribes, from

father to son, as a rule. That it passed by hereditary right cannot be

admitted upon existing evidence; but the possession of either of the

offices of _archon_, _phylo-basileus_, or _basileus_ among the Greeks,

and of _princeps_ and _rex_ among the Romans, tended to strengthen

in their families the sentiment of aristocracy. It did not, however,

become strong enough to change essentially the democratic constitution

of the early governments of these tribes, although it attained a

permanent existence. Property and office were the foundations upon

which aristocracy planted itself.

Whether this principle shall live or die has been one of the great

problems with which modern society has been engaged through the

intervening periods. As a question between equal rights and unequal

rights, between equal laws and unequal laws, between the rights of

wealth, of rank and of official position, and the power of justice

and intelligence, there can be little doubt of the ultimate result.

Although several thousand years have passed away without the overthrow

of privileged classes, excepting in the United States, their

burdensome character upon society has been demonstrated.

Since the advent of civilization, the outgrowth of property has been

so immense, its forms so diversified, its uses so expanding and its

management so intelligent in the interests of its owners, that it

has become, on the part of the people, an unmanageable power. The

human mind stands bewildered in the presence of its own creation. The

time will come, nevertheless, when human intelligence will rise to

the mastery over property, and define the relations of the state to

the property it protects, as well as the obligations and the limits

of the rights of its owners. The interests of society are paramount

to individual interests, and the two must be brought into just and

harmonious relations. A mere property career is not the final destiny

of mankind, if progress is to be the law of the future as it has been

of the past. The time which has passed away since civilization began

is but a fragment of the past duration of man’s existence; and but a

fragment of the ages yet to come. The dissolution of society bids fair

to become the termination of a career of which property is the end and

aim; because such a career contains the elements of self-destruction.

Democracy in government, brotherhood in society, equality in rights and

privileges, and universal education, foreshadow the next higher plane

of society to which experience, intelligence and knowledge are steadily

tending. It will be a revival, in a higher form, of the liberty,

equality and fraternity of the ancient gentes.

Some of the principles, and some of the results of the growth of the

idea of property in the human mind have now been presented. Although

the subject has been inadequately treated, its importance at least has

been shown.

With one principle of intelligence and one physical form, in virtue

of a common origin, the results of human experience have been

substantially the same in all times and areas in the same ethnical

status.

The principle of intelligence, although conditioned in its powers

within narrow limits of variation, seeks ideal standards invariably

the same. Its operations, consequently, have been uniform through all

the stages of human progress. No argument for the unity of origin

of mankind can be made, which, in its nature, is more satisfactory.

A common principle of intelligence meets us in the savage, in the

barbarian, and in civilized man. It was in virtue of this that mankind

were able to produce in similar conditions the same implements and

utensils, the same inventions, and to develop similar institutions

from the same original germs of thought. There is something grandly

impressive in a principle which has wrought out civilization by

assiduous application from small beginnings; from the arrow head, which

expresses the thought in the brain of a savage, to the smelting of

iron ore, which represents the higher intelligence of the barbarian,

and, finally, to the railway train in motion, which may be called the

triumph of civilization.

It must be regarded as a marvelous fact that a portion of mankind

five thousand years ago, less or more, attained to civilization. In

strictness but two families, the Semitic and the Aryan, accomplished

the work through unassisted self-development. The Aryan family

represents the central stream of human progress, because it produced

the highest type of mankind, and because it has proved its intrinsic

superiority by gradually assuming the control of the earth. And

yet civilization must be regarded as an accident of circumstances.

Its attainment at some time was certain; but that it should have

been accomplished when it was, is still an extraordinary fact. The

hindrances that held mankind in savagery were great, and surmounted

with difficulty. After reaching the Middle Status of barbarism,

civilization hung in the balance while barbarians were feeling their

way, by experiments with the native metals, toward the process of

smelting iron ore. Until iron and its uses were known, civilization

was impossible. If mankind had failed to the present hour to cross

this barrier, it would have afforded no just cause for surprise. When

we recognize the duration of man’s existence upon the earth, the wide

vicissitudes through which he has passed in savagery and in barbarism,

and the progress he was compelled to make, civilization might as

naturally have been delayed for several thousand years in the future,

as to have occurred when it did in the good providence of God. We are

forced to the conclusion that it was the result, as to the time of its

achievement, of a series of fortuitous circumstances. It may well serve

to remind us that we owe our present condition, with its multiplied

means of safety and of happiness, to the struggles, the sufferings,

the heroic exertions and the patient toil of our barbarous, and more

remotely, of our savage ancestors. Their labors, their trials and

their successes were a part of the plan of the Supreme Intelligence to

develop a barbarian out of a savage, and a civilized man out of this

barbarian.

FOOTNOTES:

[1] Et pueros commendarunt muliebreque saeclum

Vocibus, et gestu, cum balbe significarent,

Imbecillorum esse aequm miserier omnium.

—_De Rerum Natura_, lib. v, 1020.

[2] Mr. Edwin B. Tylor observes that Goquet “first propounded, in the

last century, the notion that the way in which pottery came to be made,

was that people daubed such combustible vessels as these with clay to

protect them from fire, till they found that clay alone would answer

the purpose, and thus the art of pottery came into the world.”—_Early

History of Mankind_, p. 273. Goquet relates of Capt. Gonneville who

visited the southeast coast of South America in 1503, that he found

“their household utensils of wood, even their boiling pots, but

plastered with a kind of clay, a good finger thick, which prevented the

fire from burning them.”—_Ib._ 273.

[3] Pottery has been found in aboriginal mounds in Oregon within a few

years past.—Foster’s _Pre-Historic Races of the United States_, I, 152.

The first vessels of pottery among the Aborigines of the United States

seem to have been made in baskets of rushes or willows used as moulds

which were burned off after the vessel hardened.—Jones’s _Antiquities

of the Southern Indians_, p. 461. Prof. Rau’s article on _Pottery.

Smithsonian Report_, 1866, p. 352.

[4] _Early History of Mankind_, p. 181; _Pre-Historic Times_, pp. 437,

441, 462, 477, 533, 542.

[5] Lewis and Clarke (1805) found plank in use in houses among the

tribes of the Columbia River.—_Travels_, Longman’s Ed., 1814, p. 503.

Mr. John Keast Lord found “cedar plank chipped from the solid tree with

chisels and hatchets made of stone,” in Indian houses on Vancouver’s

Island.—_Naturalist in British Columbia_, I, 169.

[6] Tylor’s _Early History of Mankind_, p. 265, _et seq._

[7] _Geological Survey of Indiana_, 1873, p. 119. He gives the

following analysis: Ancient Pottery, “Bone Bank,” Posey Co., Indiana.

Moisture at 212° F., 1.00

Silica, 36.00

Carbonate of Lime, 25.50

Carbonate of Magnesia, 3.02

Alumina, 5.00

Peroxide of Iron, 5.50

Sulphuric Acid, .20

Organic Matter (alkalies

and loss), 23.60

———

100.00

[8] _History of the American Indians_, Lond. ed., 1775, p. 424. The

Iroquois affirm that in ancient times their forefathers cured their

pottery before a fire.

[9] Necdum res igni scibant tractare, nec uti

Pellibus, et spoliis corpus vestire ferarum:

Sed nemora, atque cavos montis, silvasque colebant,

Et frutices inter condebant squalida membra,

Verbera ventorum vitare imbrisque coacti.

—_Lucr. De Re. Nat._, lib. v, 951.

[10] As a combination of forces it is so abstruse that it not unlikely

owed its origin to accident. The elasticity and toughness of certain

kinds of wood, the tension of a cord of sinew or vegetable fibre by

means of a bent bow, and finally their combination to propel an arrow

by human muscle, are not very obvious suggestions to the mind of a

savage. As elsewhere noticed, the bow and arrow are unknown to the

Polynesians in general, and to the Australians. From this fact alone it

is shown that mankind were well advanced in the savage state when the

bow and arrow made their first appearance.

[11] _Chips from a German Workshop_, Comp. Table, ii, p. 42.

[12] _History of Rome_, Scribner’s ed., 1871, I, p. 38.

[13] The early Spanish writers speak of a “dumb dog” found domesticated

in the West India Islands, and also in Mexico and Central America. (See

figures of the Aztec dog in pl. iii, vol. I, of Clavigero’s _History of

Mexico_). I have seen no identification of the animal. They also speak

of poultry as well as turkeys on the continent. The aborigines had

domesticated the turkey, and the Nahuatlac tribes some species of wild

fowl.

[14] We learn from the Iliad that the Greeks milked their sheep, as

well as their cows and goats:

ὥστ' ὄϊες πολυπάμονος ἀνδρὸς ἐν αὐλῇ

μυρίαι ἑστήκασιν ἀμελγόμεναι γάλα λευκὸν—_Iliad_, iv, 433

[15] Inque dies magis in montem succedere silvas

Cogebant, infraque locum concedere cultis;

Prata, lacus, rivas, segetes, vinetaque lacta

Collibus et campis ut haberent.—_Lucr. De Re. Nat._, v, 1369.

[16] The Egyptians may have invented the crane (See Herodotus, ii,

125). They also had the balance scale.

[17] The phonetic alphabet came, like other great inventions, at the

end of successive efforts. The slow Egyptian, advancing the hieroglyph

through its several forms, had reached a syllabus composed of phonetic

characters, and at this stage was resting upon his labors. He could

write in permanent characters upon stone. Then came in the inquisitive

Phœnician, the first navigator and trader on the sea, who, whether

previously versed in hieroglyphs or otherwise, seems to have entered

at a bound upon the labors of the Egyptian, and by an inspiration of

genius to have mastered the problem over which the latter was dreaming.

He produced that wondrous alphabet of sixteen letters which in time

gave to mankind a written language and the means for literary and

historical records.

[18] ἀρχηγέτην εἶναι τῆς γεωγραφικῆς ἐμπειρίας Ὅμηρον—_Strabo_, I, 2.

[19] Barley κριθὴ, white barley κρῖ λευκόν.—_Iliad_, v, 196; viii,

564: barley flour ἄλφιτον.—_Il._, xi, 631: barley meal, made of

barley and salt, and used as an oblation οὐλοχύται.—_Il._, i,

449: wheat πυρός.—_Il._, xi, 756: rye ὀλῦρα.—_Il._, v, 196, viii,

564: bread σῖτος.—_Il._, xxiv, 625: an inclosed 50 acres of land

πεντηκοντόγυος.—_Il._, ix, 579: a fence ἕρκος.—_Il._, v, 90: a field

for ἀλωά.—_Il._, v, 90: stones set for a field boundary.—_Il._, xxi,

405: plow ἄροτρον.—_Il._, x, 353; xiii, 703.

[20] The house or mansion δόμος.—_Il._, vi, 390:

odoriferous chambers of cedar, lofty roofed.—_Il._, vi, 390: house

of Priam, in which were fifty chambers of polished stones αὐτὰρ ἐν

αὐτῷ πεντήκοντ' ἔνεσαν θάλαμοι ξεστοῖο λίθοιο.—_Il._, vi, 243.

[21] Ship νηῦς.—_Il._, i, 485: white sail λευκὸν ἱστιόν.—_Il._, i, 480:

cable or hawser πρυμνήσιος.—_Il._, i, 476: oar ἐρετμός.—_Odyssey_, iv,

782: mast ἱστός.—_Od._, iv, 781: keel στείρη.—_Il._, i, 482: ship plank

δουρὸς.—_Il._, iii, 61: long plank μακρὰ δούρατα.—_Od._, v, 162: nail

ἧλος.—_Il._, xi, 633: golden nail χρύσειος ἧλος.—_Il._, xi, 633.

[22] Chariot or vehicle ὄχος.—_Il._, viii, 389, 565: four-wheeled wagon

τετράκυκλη ἀπήνη.—_Il._, xxiv, 324: chariot δίφρος.—_Il._, v, 727, 837;

viii, 403: the same ἅρμα.—_Il._, ii, 775; vii, 426.

[23] Helmet κόρυς.—_Il._, xviii, 611; xx, 398: cuirass or corselet

θώραξ.—_Il._, xvi, 133; xviii, 610: greaves κνημίς.—_Il._, xvi, 131.

[24] Spear ἔγχος.—_Il._, xv, 712; xvi, 140: shield of Achilles

σάκος.—_Il._, xviii, 478, 609: round shield ἀσπίς.—_Il._, xiii, 611.

[25] Sword ξίφος.—_Il._, vii, 303; xi, 29: silver-studded sword ξίφος

ἀργυρόηλον.—_Il._, vii, 303: the sword φάσγανον.—_Il._, xxiii, 807; xv,

713: a double-edged sword ἄμφηκες φάσγανον.—_Il._, x, 256.

[26] Wine οἶνος.—_Il._, viii, 506: sweet wine μελιηδέα οἶνον.—_Il._, x,

579.

[27] Potter’s wheel τροχός.—_Il._, xviii, 600:

hand-mill for grinding grain μύλος.—_Od._, vii, 104; xx,

106.

[28] Linen λῖς.—_Il._, xviii, 352; xxiii, 254: linen

corselet λινοθώρηξ.—_Il._, ii, 529: robe of

Minerva πεπλός.—_Il._, v, 734: tunic χιτῶν.—_Il._, x, 131: woolen cloak χλαῖνα.—_Il._, x,

133; xxiv, 280: rug or coverlet τάπης.—_Il._, xxiv, 280,

645: mat ῥῆγος.—_Il._, xxiv, 644: veil κρήδεμνον.—_Il._, xxii, 470.

[29] Axe πέλλεκυς.—_Il._, iii, 60; xxiii, 114, 875:

spade or mattock μάκελλον.—_Il._, xxi, 259.

[30] Hatchet or battle-axe ἀξίνη.—_Il._, xiii, 612;

xv, 711: knife μάχαιρα.—_Il._, xi, 844; xix, 252:

chip-axe or adz σκέπαρνον.—_Od._, v, 273.

[31] Hammer ῥαιστήρ.—_Il._, xviii, 477: anvil

ἄκμων.—_Il._, xviii, 476: tongs πυράγρα.—_Il._, xviii, 477.

[32] Bellows φῦσα.—_Il._, xviii, 372, 468: furnace, the

boshes χόανος.—_Il._, xviii, 470.

[33] Horse ἵππος.—_Il._, xi, 680: distinguished into breeds:

Thracian.—_Il._, x, 588; Trojan, v, 265: Erechthomus owned three

thousand mares τρισχίλιαι ἵπποι.—_Il._, xx, 221: collars, bridles and

reins.—_Il._, xix, 339: ass ὄνος.—_Il._, xi, 558: mule ἡμίονος.—_Il._,

x, 352; vii, 333: ox βοῦς.—_Il._, xi, 678; viii, 333: bull ταῦρος; cow

βοῦς.—_Od._, xx, 251: goat αἴξ.—_Il._, xi, 679: dog κύων.—v, 476; viii,

338; xxii, 509: sheep ὄïς.—_Il._, xi, 678: boar or sow σῦς.—_Il._,

xi, 679; viii, 338: milk γλάγος.—_Il._, xvi, 643: pails full of milk

περιγλαγέας πέλλας.—_Il._, xvi, 642.

[34] Homer mentions the native metals; but they were known long

before his time, and before iron. The use of charcoal and the

crucible in melting them prepared the way for smelting iron ore. Gold

χρυσός.—_Iliad_, ii, 229: silver ἄργυρος.—_Il._, xviii, 475: copper,

called brass χαλκός.—_Il._, iii, 229; xviii, 460: tin, possibly pewter,

κασσίτερος.—_Il._, xi, 25; xx, 271; xxi, 292: lead μόλιβος.—_Il._, ii, 237:

iron σίδηρος.—_Il._, vii, 473: iron axle-tree.—_Il._, v, 723: iron

club.—_Il._, vii, 141: iron wagon-tire.—_Il._, xxiii, 505.

[35] The researches of Beckmann have left a doubt upon the existence

of a true bronze earlier than a knowledge of iron among the Greeks

and Latins. He thinks _electrum_, mentioned in the _Iliad_, was a

mixture of gold and silver (_History of Inventions_, Bohn’s ed., ii,

212); and that the _stannum_ of the Romans, which consisted of silver

and lead, was the same as the _kassiteron_ of Homer (_Ib._, ii, 217).

This word has usually been interpreted as tin. In commenting upon the

composition called bronze, he remarks: “In my opinion the greater part

of these things were made of _stannum_, properly so called, which by

the admixture of the noble metals, and some difficulty of fusion,

was rendered fitter for use than pure copper.” (_Ib._, ii, 213).

These observations were limited to the nations of the Mediterranean,

within whose areas tin was not produced. Axes, knives, razors,

swords, daggers, and personal ornaments discovered in Switzerland,

Austria, Denmark, and other parts of Northern Europe, have been found,

on analysis, composed of copper and tin, and therefore fall under

the strict definition of bronze. They were also found in relations

indicating priority to iron.

[36] The origin of language has been investigated far enough to find

the grave difficulties in the way of any solution of the problem. It

seems to have been abandoned, by common consent, as an unprofitable

subject. It is more a question of the laws of human development and of

the necessary operations of the mental principle, than of the materials

of language. Lucretius remarks that with sounds and with gesture,

mankind in the primitive period intimated their thoughts stammeringly

to each other (Vocibus, et gestu, cum balbe significarent.—v, 1021).

He assumes that thought preceded speech, and that gesture language

preceded articulate language. Gesture or sign language seems to have

been primitive, the elder sister of articulate speech. It is still

the universal language of barbarians, if not of savages, in their

mutual intercourse when their dialects are not the same. The American

aborigines have developed such a language, thus showing that one may

be formed adequate for general intercourse. As used by them it is

both graceful and expressive, and affords pleasure in its use. It is

a language of natural symbols, and therefore possesses the elements

of a universal language. A sign language is easier to invent than

one of sounds; and, since it is mastered with greater facility, a

presumption arises that it preceded articulate speech. The sounds of

the voice would first come in, on this hypothesis, in aid of gesture;

and as they gradually assumed a conventional signification, they

would supersede, to that extent, the language of signs, or become

incorporated in it. It would also tend to develop the capacity of the

vocal organs. No proposition can be plainer than that gesture has

attended articulate language from its birth. It is still inseparable

from it; and may embody the remains, by survival, of an ancient

mental habit. If language were perfect, a gesture to lengthen out or

emphasize its meaning would be a fault. As we descend through the

gradations of language into its ruder forms, the gesture element

increases in the quantity and variety of its forms until we find

language so dependent upon gestures that without them they would be

substantially unintelligible. Growing up and flourishing side by side

through savagery, and far into the period of barbarism, they remain, in

modified forms, indissolubly united. Those who are curious to solve the

problem of the origin of language would do well to look to the possible

suggestions from gesture language.

[37] The Egyptians are supposed to affiliate remotely with the Semitic

family.

[38] Whitney’s _Oriental and Linguistic Studies_, p. 341.

[39] M. Quiquerez, a Swiss engineer, discovered in the canton of Berne

the remains of a number of side-hill furnaces for smelting iron ore;

together with tools, fragments of iron and charcoal. To construct

one, an excavation was made in the side of a hill in which a bosh was

formed of clay, with a chimney in the form of a dome above it to create

a draft. No evidence was found of the use of the bellows. The boshes

seem to have been charged with alternate layers of pulverized ore and

charcoal, combustion being sustained by fanning the flames. The result

was a spongy mass of partly fused ore which was afterwards welded into

a compact mass by hammering. A deposit of charcoal was found beneath

a bed of peat twenty feet in thickness. It is not probable that these

furnaces were coeval with the knowledge of smelting iron ore; but

they were, not unlikely, close copies of the original furnace.—Vide

Figuier’s _Primitive Man_, Putnam’s ed., p. 301.

[40] Palace of Priam.—_Il._, vi, 242.

[41] House of Ulysses.—_Od._, xvi, 448.

[42] _Od._, vii, 115.

[43] In addition to the articles enumerated in the previous notes

the following may be added from the _Iliad_ as further illustrations

of the progress then made: The shuttle κερκίς.—xxii, 448: the loom

ἱστός.—xxii, 440: a woven fillet πλεκτὴ ἀναδέσμηê.—xxii, 469: silver

basin ἀργύρεος κρητήρ.—xxiii, 741: goblet, or drinking cup δέπας.—xxiv,

285: golden goblet χρύσεον δέπας.—xxiv, 285: basket, made of reeds,

κάνεον.—xxiv, 626: ten talents in gold χρυσοῦ δέκα πάντα τάλαντα.—xix,

247: a harp φόρμιγξ.—ix, 186, and κίθαρα.—xiii, 731: a shepherd’s

pipe σύριγξ.—xviii, 526: sickle, or pruning knife, δρεπάνη.—xviii,

551: fowler’s net πάναγρον.—v, 487: mesh of a net ἀψίς.—v, 487: a

bridge γέφυρα.—v, 89: also a dike.—xxi, 245: rivets δέσμοι.—xviii,

379: the bean κύαμος.—xiii, 589: the pea ἐρέβινθος.—xiii, 589: the

onion κρόμνον.—xi, 630: the grape σταφυλή.—xviii, 561: a vineyard

ἀλωή.—xviii, 561: wine οἶνος.—viii, 506; x, 579: the tripod

τρίπους.—ix, 122: a copper boiler or caldron λέβης.—ix, 123: a brooch

ἐνετή.—xiv, 180: ear-ring τρίγληνος.—xiv, 183: a sandal or buskin

πέδιλον.—xiv, 186: leather ῥινός.—xvi, 636: a gate πύλη.—xxi, 537:

bolt for fastening gate ὀχεύς.—xxi, 537. And in the Odyssey: a silver

basin ἀργύρεος λέβης.—i, 137: a table τράπεζα.—i, 138: golden cups

χρύσεια κύπελλα.—Od., i, 142: rye or spelt ζειά.—iv, 41: a bathing

tub ἀσάμινθος.—iv, 48: cheese τυρός: milk γάλα.—iv, 88: distaff or

spindle ἠλακάτη.—iv, 131; vii, 105; xvii, 97: silver basket ἀργύρεος

τάλαρος.—iv, 125: bread σῖτος.—iv, 623: xiv, 456: tables loaded with

bread, meat and wine ἐΰξεστοι δὲ τράπεζαι σίτου καὶ κρειῶν ἠδ' οἴνου

βεβρίθασιν.—xv, 333: shuttle κερκίς.—v, 62: bed λέκτρον.—viii, 337:

brazier plunging an axe or adz in cold water for the purpose of

tempering it

ὡς δ' ὅτ' ἀνὴρ χαλκεὺς πέλεκυν μέγαν ἠὲ σκέπαρνον

εἰν ὕδατι ψυχρῷ βάπτῃ μεγάλα ἰάχοντα

φαρμάσσων· τὸ γὰρ αὖτε σιδήρου γε κράτος ἐστιν.—ix, 391:

salt ἅλς.—xi, 123; xxiii, 270: bow τόξον.—xxi, 31, 53: quiver

γωρυτός.—xxi, 54: sickle δρεπάνη.—xviii, 368.

[44] The Romans made a distinction between _connubium_, which related

to marriage considered as a civil institution, and _conjugium_, which

was a mere physical union.

[45] For the detailed facts of the Australian system I am indebted

to the Rev. Lorimer Fison, an English missionary in Australia, who

received a portion of them from the Rev. W. Ridley, and another

portion from T. E. Lance, Esq., both of whom had spent many years

among the Australian aborigines, and enjoyed excellent opportunities

for observation. The facts were sent by Mr. Fison with a critical

analysis and discussion of the system, which, with observations of the

writer, were published in the _Proceedings of the Am. Acad. of Arts

and Sciences for 1872_. See vol. viii, p. 412. A brief notice of the

Kamilaroi classes is given in McLennan’s _Primitive Marriage_, p. 118;

and in Tylor’s _Early History of Mankind_, p. 288.

[46] Padymelon: a species of kangaroo.

[47] _Systems of Consanguinity and Affinity of the Human Family_,

(_Smithsonian Contributions to Knowledge_), vol. xvii, p. 420, _et seq._

[48] If a diagram of descents is made, for example, of Ippai and

Kapota, and carried to the fourth generation, giving to each

intermediate pair two children, a male and a female, the following

results will appear. The children of Ippai and Kapota are Murri and

Mata. As brothers and sisters the latter cannot marry. At the second

degree, the children of Murri, married to Buta, are Ippai and Ippata,

and of Mata married to Kumbo, are Kubbi and Kapota. Of these, Ippai

marries his cousin Kapota, and Kubbi marries his cousin Ippata. It

will be noticed that the eight classes are reproduced from two in the

second and third generations, with the exception of Kumbo and Buta.

At the next or third degree, there are two Murris, two Matas, two

Kumbos, and two Butas; of whom the Murris marry the Butas, their second

cousins, and the Kubbis the Matas, their second cousins. At the fourth

generation there are four each of Ippais, Kapotas, Kubbis and Ippatas,

who are third cousins. Of these, the Ippais marry the Kapotas, and the

Kubbis the Ippatas; and thus it runs from generation to generation. A

similar chart of the remaining marriageable classes will produce like

results. These details are tedious, but they make the fact apparent

that in this condition of ancient society they not only intermarry

constantly, but are compelled to do so through this organization upon

sex. Cohabitation would not follow this invariable course because

an entire male and female class were married in a group; but its

occurrence must have been constant under the system. One of the primary

objects secured by the gens, when fully matured, was thus defeated:

namely, the segregation of a moiety of the descendants of a supposed

common ancestor under a prohibition of intermarriage, followed by a

right of marrying into any other gens.

[49] _Proc. Am. Acad. Arts and Sciences_, viii, 436.

[50] In _Letters on the Iroquois by Skenandoah_, published in the

_American Review_ in 1847; in the _League of the Iroquois_, published

in 1851; and in _Systems of Consanguinity and Affinity of the Human

Family_, published in 1871. (_Smithsonian Contributions to Knowledge_,

vol. xvii.) I have used _tribe_ as the equivalent of _gens_, and in its

place; but with an exact definition of the group.

[51] These loaves or cakes were about six inches in diameter and an

inch thick.

[52] _North American Review_, April No., 1873, p. 370 Note.

[53] The sons of several sisters are brothers to each other, instead

of cousins. The latter are here distinguished as collateral brothers.

So a man’s brother’s son is his son instead of his nephew; while his

collateral sister’s son is his nephew, as well as his own sister’s son.

The former is distinguished as a collateral nephew.

[54] Pronounced _gen'-ti-les_, it may be remarked to those unfamiliar

with Latin.

[55] _History of America_, Lond. ed., 1725, Stevens’ Trans., iv, 171.

[56] _Ib._, iv, 34.

[57] _History of America_, iii, 298.

[58] _Royal Commentaries_, Lond. ed., 1688, Rycaut’s Trans., p. 107.

[59] Herrera, iv, 231.

[60] “Their hearts burn violently day and night without intermission

till they have shed blood for blood. They transmit from father to son

the memory of the loss of their relations, or one of their own tribe,

or family, though it was an old woman.”—Adair’s _Hist. Amer. Indians_,

Lond. ed., 1775, p. 150.

[61] Mommsen’s _History of Rome_, Scribner’s ed., Dickson’s Trans., i,

49.

[62] One of the twelve gentes of the Omahas is Lä′-tä-dä, the

Pigeon-Hawk, which has, among others, the following names:

_Boys’ Names._

Ah-hise′-na-da, “Long Wing.”

Gla-dan′-noh-che, “Hawk balancing itself in the air.”

Nes-tase′-kä, “White-Eyed Bird.”

_Girls’ Names._

Me-ta′-na, “Bird singing at daylight.”

Lä-tä-dä′-win, “One of the Birds.”

Wä-tä′ na, “Bird’s Egg.”

[63] When particular usages are named it will be understood they are

Iroquois unless the contrary is stated.

[64] After the people had assembled at the council house one of the

chiefs made an address giving some account of the person, the reason

for his adoption, the name and gens of the person adopting, and the

name bestowed upon the novitiate. Two chiefs taking the person by the

arms then marched with him through the council house and back, chanting

the song of adoption. To this the people responded in musical chorus

at the end of each verse. The march continued until the verses were

ended, which required three rounds. With this the ceremony concluded.

Americans are sometimes adopted as a compliment. It fell to my lot some

years ago to be thus adopted into the Hawk gens of the Senecas, when

this ceremony was repeated.

[65] Grote’s _Hist. of Greece_, i, 194.

[66] _League of the Iroquois_, p. 182.

[67] The “Keepers of the Faith” were about as numerous as the chiefs,

and were selected by the wise-men and matrons of each gens. After their

selection they were raised up by a council of the tribe with ceremonies

adapted to the occasion. Their names were taken away and new ones

belonging to this class bestowed in their place. Men and women in about

equal numbers were chosen. They were censors of the people, with power

to report the evil deeds of persons to the council. It was the duty

of individuals selected to accept the office; but after a reasonable

service each might relinquish it, which was done by dropping his name

as a Keeper of the Faith, and resuming his former name.

[68] _League of the Iroquois_, p. 182.

[69] _History of the American Indians_, p. 183.

[70] εἴη δ' ἂν Ἑλλάδι γλώττῃ τὰ ὀνόματα ταῦτα μεθερμηνευόμενα

φυλὴ μὲν καὶ τριττὺς ἡ τρίβους, φράτρα δὲ καὶ λόχος ἡ κουρία.

—_Dionysius_, lib. II, cap. vii; and vid. lib. II, c. xiii.

[71] That purification was performed by the phratry is intimated

by Æschylus: ποία δὲ χέρνιψ φρατέρων προσδέξεται.—_The Eumenides_, 656.

[72] _League of the Iroquois_, p. 294.

[73] It was a journey of ten days from earth to heaven for the departed

spirit, according to Iroquois belief. For ten days after the death of a

person, the mourners met nightly to lament the deceased, at which they

indulged in excessive grief. The dirge or wail was performed by women.

It was an ancient custom to make a fire on the grave each night for the

same period. On the eleventh day they held a feast; the spirit of the

departed having reached heaven, the place of rest, there was no further

cause for mourning. With the feast it terminated.

[74] _Iliad_, ii, 362.

[75] Bancroft’s _Native Races of the Pacific States_, I, 109.

[76] O-tä′-was.

[77] The Ojibwas manufactured earthen pipes, water jars, and vessels in

ancient times, as they now assert. Indian pottery has been dug up at

different times at the Sault St. Mary, which they recognize as the work

of their forefathers.

[78] The Potawattamie and the Cree have diverged about equally. It is

probable that the Ojibwas, Otawas and Crees were one people in dialect

after the Potawattamies became detached.

[79] As a mixture of forest and prairie it was an excellent game

country. A species of bread-root, the kamash, grew in abundance in the

prairies. In the summer there was a profusion of berries. But in these

respects it was not superior to other areas. That which signalized the

region was the inexhaustible supply of salmon in the Columbia, and

other rivers of the coast. They crowded these streams in millions, and

were taken in the season with facility, and in the greatest abundance.

After being split open and dried in the sun, they were packed and

removed to their villages, and formed their principal food during the

greater part of the year. Beside these were the shell fisheries of the

coast, which supplied a large amount of food during the winter months.

Superadded to these concentrated advantages, the climate was mild and

equable throughout the year—about that of Tennessee and Virginia. It

was the paradise of tribes without a knowledge of the cereals.

[80] It can be shown with a great degree of probability, that the

Valley of the Columbia was the seed land of the Ganowánian family, from

which issued, in past ages, successive streams of migrating bands,

until both divisions of the continent were occupied. And further, that

both divisions continued to be replenished with inhabitants from this

source down to the epoch of European discovery. These conclusions may

be deduced from physical causes, from the relative conditions, and

from the linguistic relations of the Indian tribes. The great expanse

of the central prairies, which spread continuously more than fifteen

hundred miles from north to south, and more than a thousand miles from

east to west, interposed a barrier to a free communication between the

Pacific and Atlantic sides of the continent in North America. It seems

probable, therefore, that an original family commencing its spread

from the Valley of the Columbia, and migrating under the influence of

physical causes, would reach Patagonia sooner than they would Florida.

The known facts point so strongly to this region as the original home

of the Indian family, that a moderate amount of additional evidence

will render the hypothesis conclusive.

The discovery and cultivation of maize did not change materially the

course of events, or suspend the operation of previous causes; though

it became an important factor in the progress of improvement. It is

not known where this American cereal was indigenous; but the tropical

region of Central America, where vegetation is intensely active, where

this plant is peculiarly fruitful, and where the oldest seats of the

Village Indians were found, has been assumed by common consent, as the

probable place of its nativity. If, then, cultivation commenced in

Central America, it would have propagated itself first over Mexico, and

from thence to New Mexico and the valley of the Mississippi, and thence

again eastward to the shores of the Atlantic; the volume of cultivation

diminishing from the starting-point to the extremities. It would

spread, independently of the Village Indians, from the desire of more

barbarous tribes to gain the new subsistence; but it never extended

beyond New Mexico to the Valley of the Columbia, though cultivation was

practiced by the Minnitarees and Mandans of the Upper Missouri, by the

Shyans on the Red River of the North, by the Hurons of Lake Simcoe in

Canada, and by the Abenakies of the Kennebec, as well as generally by

the tribes between the Mississippi and the Atlantic. Migrating bands

from the Valley of the Columbia, following upon the track of their

predecessors, would press upon the Village Indians of New Mexico and

Mexico, tending to force displaced and fragmentary tribes toward and

through the Isthmus into South America. Such expelled bands would

carry with them the first germs of progress developed by Village

Indian life. Repeated at intervals of time it would tend to bestow

upon South America a class of inhabitants far superior to the wild

bands previously supplied, and at the expense of the northern section

thus impoverished. In the final result, South America would attain the

advanced position in development, even in an inferior country, which

seems to have been the fact. The Peruvian legend of Manco Capac and

Mama Oello, children of the sun, brother and sister, husband and wife,

shows, if it can be said to show anything, that a band of Village

Indians migrating from a distance, though not necessarily from North

America direct, had gathered together and taught the rude tribes of the

Andes the higher arts of life, including the cultivation of maize and

plants. By a simple and quite natural process the legend has dropped

out the band, and retained only the leader and his wife.

[81] _Coll. Ternaux-Compans_, IX, pp. 181-183.

[82] Acosta. _The Natural and Moral History of the East and West

Indies_, Lond. ed., 1604, Grimstone’s Trans., pp. 500-503.

[83] Near the close of the last century the Seneca-Iroquois, at one

of their villages on the Alleghany river, set up an idol of wood, and

performed dances and other religious ceremonies around it. My informer,

the late William Parker, saw this idol in the river into which it had

been cast. Whom it personated he did not learn.

[84] They were admitted into the Creek Confederacy after their

overthrow by the French.

[85] About 1651-5, they expelled their kindred tribes, the Eries,

from the region between the Genesee river and Lake Erie, and shortly

afterwards the Neutral Nations from the Niagara river, and thus came

into possession of the remainder of New York, with the exception of the

lower Hudson and Long Island.

[86] The Iroquois claimed that it had existed from one hundred

and fifty to two hundred years when they first saw Europeans. The

generations of sachems in the history by David Cusick (a Tuscarora),

would make it more ancient.

[87] My friend, Horatio Hale, the eminent philologist, came, as he

informed me, to this conclusion.

[88] These names signify as follows: 1. “Neutral,” or “the Shield.”

[89] “Man who Combs.”

[90] “Inexhaustible.”

[91] “Small Speech.”

[92] “At the Forks.”

[93] “At the Great River.”

[94] “Dragging his Horns.”

[95] “Even-Tempered.”

[96] “Hanging up Rattles.” The sachems in class one belonged to the

Turtle tribe, in class two to the Wolf tribe, and in class three to the

Bear tribe.

[97] “A Man bearing a Burden.”

[98] “A Man covered with Cat-tail Down.”

[99] “Opening through the Woods.”

[100] “A Long String.”

[101] “A Man with a Headache.”

[102] “Swallowing Himself.”

[103] “Place of the Echo.”

[104] “War-club on the Ground.”

[105] “A Man Steaming Himself.” The sachems in the first class belonged

to the Wolf tribe, in the second to the Turtle tribe, and in the third

to the Bear tribe.

[106] “Tangled,” Bear tribe.

[107] “On the Watch,” Bear tribe. This sachem and the one before him,

were hereditary councilors of the To-do-dä´-ho, who held the most

illustrious sachemship.

[108] “Bitter Body,” Snipe tribe.

[109] Turtle tribe.

[110] This sachem was hereditary keeper of the wampum; Wolf tribe.

[111] Deer tribe.

[112] Deer tribe.

[113] Turtle tribe.

[114] Bear tribe.

[115] “Having a Glimpse,” Deer tribe.

[116] “Large Mouth,” Turtle tribe.

[117] “Over the Creek,” Turtle tribe.

[118] “Man Frightened,” Deer tribe.

[119] Heron tribe.

[120] Bear tribe.

[121] Bear tribe.

[122] Turtle tribe.

[123] Not ascertained.

[124] “Very Cold,” Turtle tribe.

[125] Heron tribe.

[126] Snipe tribe.

[127] Snipe tribe.

[128] “Handsome Lake,” Turtle tribe.

[129] “Level Heavens,” Snipe tribe.

[130] Turtle tribe.

[131] “Great Forehead,” Hawk tribe.

[132] “Assistant,” Bear tribe.

[133] “Falling Day,” Snipe tribe.

[134] “Hair Burned Off,” Snipe tribe.

[135] “Open Door,” Wolf tribe.

[136] The children of brothers are themselves brothers and sisters to

each other, the children of the latter were also brothers and sisters,

and so downwards indefinitely; the children and descendants of sisters

are the same. The children of a brother and sister are cousins, the

children of the latter are cousins, and so downwards indefinitely. A

knowledge of the relationships to each other of the members of the same

gens is never lost.

[137] A civil council, which might be called by either nation, was

usually summoned and opened in the following manner: If, for example,

the Onondagas made the call, they would send heralds to the Oneidas on

the east, and the Cayugas on the west of them, with belts containing an

invitation to meet at the Onondaga council-grove on such a day of such

a moon, for purposes which were also named. It would then become the

duty of the Cayugas to send the same notification to the Senecas, and

of the Oneidas to notify the Mohawks. If the council was to meet for

peaceful purposes, then each sachem was to bring with him a bundle of

fagots of white cedar, typical of peace; if for warlike objects then

the fagots were to be of red cedar, emblematical of war.

At the day appointed the sachems of the several nations, with their

followers, who usually arrived a day or two before and remained

encamped at a distance, were received in a formal manner by the

Onondaga sachems at the rising of the sun. They marched in separate

processions from their camps to the council-grove, each bearing his

skin robe and bundle of fagots, where the Onondaga sachems awaited them

with a concourse of people. The sachems then formed themselves into a

circle, an Onondaga sachem, who by appointment acted as master of the

ceremonies, occupying the side toward the rising sun. At a signal they

marched round the circle moving by the north. It may be here observed

that the rim of the circle toward the north is called the “cold side,”

(o-to′-wa-ga); that on the west “the side toward the setting sun,”

(ha-gă-kwăs′-gwä); that on the south “the side of the high sun,”

(en-de-ih′-kwä); and that on the east “the side of the rising sun,”

(t´-kă-gwit-kăs′-gwä). After marching three times around on the circle

single file, the head and-foot of the column being joined, the leader

stopped on the rising sun side, and deposited before him his bundle of

fagots. In this he was followed by the others, one at a time, following

by the north, thus forming an inner circle of fagots. After this each

sachem spread his skin robe in the same order, and sat down upon it,

cross-legged, behind his bundle of fagots, with his assistant sachem

standing behind him. The master of the ceremonies, after a moment’s

pause, arose, drew from his pouch two pieces of dry wood and a piece

of punk with which he proceeded to strike fire by friction. When

fire was thus obtained, he stepped within the circle and set fire to

his own bundle, and then to each of the others in the order in which

they were laid. When they were well ignited, and at a signal from

the master of the ceremonies, the sachems arose and marched three

times around the Burning Circle, going as before by the north. Each

turned from time to time as he walked, so as to expose all sides of

his person to the warming influence of the fires. This typified that

they warmed their affections for each other in order that they might

transact the business of the council in friendship and unity. They then

reseated themselves each upon his own robe. After this the master of

the ceremonies again rising to his feet, filled and lighted the pipe

of peace from his own fire. Drawing three whiffs, one after the other,

he blew the first toward the zenith, the second toward the ground, and

the third toward the sun. By the first act he returned thanks to the

Great Spirit for the preservation of his life during the past year, and

for being permitted to be present at this council. By the second, he

returned thanks to his Mother, the Earth, for her various productions

which had ministered to his sustenance. And by the third, he returned

thanks to the Sun for his never-failing light, ever shining upon all.

These words were not repeated, but such is the purport of the acts

themselves. He then passed the pipe to the first upon his right toward

the north, who repeated the same ceremonies, and then passed it to the

next, and so on around the burning circle. The ceremony of smoking the

calumet also signified that they pledged to each other their faith,

their friendship, and their honor.

These ceremonies completed the opening of the council, which was then

declared to be ready for the business upon which it had been convened.

[138] Tradition declares that the Onondagas deputed a wise-man to visit

the territories of the tribes and select and name the new sachems as

circumstances should prompt: which explains the unequal distribution of

the office among the several gentes.

[139] At the beginning of the American revolution the Iroquois were

unable to agree upon a declaration of war against our confederacy for

want of unanimity in council. A number of the Oneida sachems resisted

the proposition and finally refused their consent. As neutrality was

impossible with the Mohawks, and the Senecas were determined to fight,

it was resolved that each tribe might engage in the war upon its own

responsibility, or remain neutral. The war against the Eries, against

the Neutral Nation and Susquehannocks, and the several wars against the

French, were resolved upon in general council. Our colonial records are

largely filled with negotiations with the Iroquois Confederacy.

[140] δοκοῦντα καὶ δόξαντ' ἀπαγγέλλειν με χρὴ

δήμου προβούλοις τῆσδε καδμείας πόλεως.

—Æschylus, _The Seven against Thebes_, 1005.

[141] One of the Cayuga sachems.

[142] One of the Seneca sachems, and the founder of the New Religion of

the Iroquois.

[143] One of the Seneca sachems.

[144] _Systems of Consanguinity and Affinity of the Human Family._

(_Smithsonian Contributions to Knowledge_, vol. xvii, 1871, p. 131.)

[145]

1. Wolf, Tor-yoh′-ne. 5. Deer, Nä-o′-geh.

2. Bear, Ne-e-ar-guy′-ee. 6. Snipe, Doo-eese-doo-we′.

3. Beaver, Non-gar-ne′-e-ar-goh. 7. Heron, Jo-äs′-seh.

4. Turtle, Gä-ne-e-ar-teh-go′-wä. 8. Hawk, Os-sweh-gä-dä-gä′-ah.

5. Deer, Nä-o′-geh.

[146]

1. Ah-na-rese′-kwä, Bone Gnawers. 5. Os-ken′-o-toh, Roaming.

2. Ah-nu-yeh′, Tree Liver. 6. Sine-gain′-see, Creeping.

3. Tso-tä′-ee, Shy Animal. 7. Ya-ra-hats′-see, Tall Tree.

4. Ge-ah′-wish, Fine Land. 8. Dä-soak′ Flying.

[147] Mr. Horatio Hale has recently proved the connection of the

Tutelos with the Iroquois.

[148] Mr. Francis Parkman, author of the brilliant series of works on

the colonization of America, was the first to establish the affiliation

of the Susquehannocks with the Iroquois.

[149] _Travels in North America_, Phila. ed., 1796, p. 164.

[150] _Travels in North America_, p. 165.

[151]

1. Wä-sä′-be. 2. De-a-glie′-ta. 3. Na-ko-poz′-na. 4. Moh-kuh′.

5. Wä-shä′-ba. 6. Wä-zhä′-zha. 7. Noli′-ga. 8. Wali′ga.

[152]

1. Wä′-zhese-ta. 2. Ink-ka′-sa-ba. 3. Lä′-tä-dä. 4. Kä′-ih.

5. Da-thun′-da. 6. Wä-sä′-ba. 7. Hun′-ga. 8. Kun′zä.

9. Tä′-pä. 10. In-grä′-zhe-da. 11. Ish-dä′-sun-da. 12. O-non-e′-kä-gä-lia′

[153]

1. Me-je′-rä-ja. 2. Too-num′-pe. 3. Ah′-ro-whä. 4. Ho′-dash.

5. Cheh′-he-tä. 6. Lu′-chih. 7. Wä-keeh′. 8. Mä′-kotch.

ḣ represents a deep sonant guttural. It is quite common in the

dialects of the Missouri tribes, and also in the Minnitaree and Crow.

[154]

1. Me-je′-rä-ja. 2. Moon′-cha. 3. Ah′-ro-whä. 4. Hoo′-ma.

5. Kḣa′-ă. 6. Lute′-ja. 7. Wä′-kä. 8. Mä′-kotch.

[155]

1. Tä-we-kä-she′-gä. 2. Sin′-ja-ye-ga. 3. Mo-e′-kwe-ah-hä.

4. Hu-e′-yă. 5. Hun-go-tin′-ga. 6. Me-hä-shun′-gă.

7. O′-pă. 8. Me-kä′. 9. Sho′-ma-koo-sa.

10. Do-ḣă-kel′-yă. 11. Mo-e′-ka-ne-kä′-she-gä. 12. Dä-sin′-ja-hă-gă.

13. Ic′-hä-she. 14. Lo-ne′-kä-she-gä.

[156]

1. Shonk-chun′-ga-dă. 2. Hone-cha′-dä. 3. Cha′-rä.

4. Wahk-cha′-he-dä. 5. Hoo-wun′-nä. 6. Chä′-rä.

7. Wä-kon′-nä. 8. Wa-kon′-cha-rä.

[157] _Travels, loc. cit._, p. 166.

[158]

1. Ilo-ra-ta′-mŭ-make. 2. Mä-to′-no-mäke. 3. See-poosh′-kä.

4. Tä-na-tsŭ′-kä. 5. Ki-tä′-ne-mäke. 6. E-stä-pa′.

7. Me-te-ah′-ke.

[159]

1. Mit-che-ro′-ka. 2. Min-ne-pä′-ta. 3. Bä-ho-ḣä′-ta.

4. Seech-ka-be-ruh-pä′-ka. 5. E-tish-sho′-ka.

6. Aḣ-naḣ-ha-nä′-me-te. 7. E-ku′-pä-be-ka.

[160]

1. A-che-pä-be′-cha. 2. E-sach′-ka-buk . 3. Ho-ka-rut′-cha.

4. Ash-bot-chee-ah. 5. Ah-shin′-nä-de′-ah. 6. Ese-kep-kä′-buk.

7. Oo-sä-bot′-see. 8. Ah-hä-chick. 9. Ship-tet′-zä.

10. Ash-kane′-na. 11. Boo-a-dă′-sha. 12. O-hot-dŭ′-sha.

13. Pet-chale-ruḣ-pä′-ka.

[161] This practice as an act of mourning is very common among the

Crows, and also as a religious offering when they hold a “Medicine

Lodge,” a great religious ceremonial. In a basket hung up in a Medicine

Lodge for their reception as offerings, fifty, and sometimes a hundred

finger joints, I have been told, are sometimes thus collected. At a

Crow encampment on the Upper Missouri I noticed a number of women and

men with their hands mutilated by this practice.

[162]

1. Yä′-hä. 2. No-kuse′. 3. Ku′-mu. 4. Kal-pŭt′-lŭ.

5. E′-cho. 6. Tus′-wă. 7. Kat′-chŭ. 8. Ho-tor′-lee.

9. So-päk′-tŭ. 10. Tŭk′-ko. 11. Chŭ′-lä. 12. Wo′-tko.

13. Hŭ′-hlo. 14. Ŭ′-che. 15. Ah′-ah. 16. O-che′.

17. Ok-chŭn′-wä. 18. Kŭ-wä′-ku-che. 19. Tä-mul′-kee. 20. Ak-tŭ-yä-chul′-kee.

21. Is-fä-nŭl′-ke. 22. Wä-hläk-kŭl′-kee.

[163] Sig’n = signification.

[164]

_First._ Ku-shap′. Ok′-lä.

1. Kush-ik′-sä. 2. Law-ok′-lä. 3. Lu-lak Ik′sä. 4. Lin-ok-lŭ′-sha.

_Second._ Wă-tăk-i-Hŭ-lä′-tä.

1. Chu-fan-ik′-sä. 2. Is-kŭ-la′-ni. 3. Chi′-to. 4. Shak-chuk′-la.

[165]

I. Koi.

1. Ko-in-chush. 2. Hä-täk-fu-shi. 3. Nun-ni. 4. Is-si.

II. Ish-pän-ee.

1. Shä-u-ee. 2. Ish-pän-ee. 3. Ming-ko. 4. Hush-ko-ni.

5. Tun-ni. 6. Ho-chon-chab-ba. 7. Nä-sho-lă. 8. Chuh-hlä.

[166]

1. Ah-ne-whǐ′-yä. 2. Ah-ne-who′-teh. 3. Ah-ne-ga-tä-ga′-nih.

4. Dsŭ-nǐ-li′-a-nä. 5. U-ni-sdä′-sdi. 6. Ah-nee-kä′-wih.

7. Ah-nee-sä-hok′-nih. 8. Ah-nŭ-ka-lo′-high. _ah-nee_ signifies the plural.

[167] 1. From the Ojibwa, _gǐ-tchi′_, great, and _gä′me_, lake, the

aboriginal name of Lake Superior, and other great lakes.

[168]

1. My-een′-gun. 2. Mä-kwä′. 3. Ah-mik′. 4. Me-she′-kă.

5. Mik-o-noh′. 6. Me-skwä-da′-re. 7. Ah-dik′. 8. Chu-e-skwe′-ske-wă.

9. O-jee-jok′. 10. Ka-kake′. 11. O-me-gee-ze′. 12. Mong.

13. Ah-ah′-weh. 14. She-shebe′. 15. Ke-na′-big. 16. Wa-zhush′.

17. Wa-be-zhaze′. 18. Moosh-kä-oo-ze′. 19. Ah-wah-sis′-sa. 20. Nä-ma′-bin.

21. —— 22. Nă-ma′. 23. Ke-no′-zhe

[169] An Ojibwa sachem, _Ke-we′-kons_, who died about 1840, at the

age of ninety years, when asked by my informant why he did not retire

from office and give place to his son, replied, that his son could

not succeed him; that the right of succession belonged to his nephew,

_E-kwä′-ka-mik_, who must have the office. This nephew was a son of one

of his sisters. From this statement it follows that descent, anciently,

and within a recent period, was in the female line. It does not follow

from the form of the statement that the nephew would take by hereditary

right, but that he was in the line of succession, and his election was

substantially assured.

[170]

1. Mo-ăh′. 2. M′-ko′. 3. Muk. 4. Mis-shă′-wă.

5. Maak. 6. K′-nou′. 7. N′-mă′. 8. N′-mă-pe-nă′.

9. M′-ge-ze′-wä. 10. Che′-kwa. 11. Wä-bo′-zo. 12. Kä-käg′-she.

13. Wake-shǐ′. 14. Pen′-nă. 15. M′-ke-tash′-she-kă-kah′.

16. O-tä′-wa.

[171] Pronounced O-tä′-wa.

[172]

1. Mo-wha′-wä. 2. Mon-gwä′. 3. Ken-da-wă′. 4. Ah-pă′-kose-e-ă.

5. Ka-no-zä′-wa. 6. Pǐ-la-wä′. 7. Ah-se-pon′-nä. 8. Mon-nă′-to.

9. Kul-swä′. 10. (Not obtained).

[173]

1. M′-wa-′. 2. Ma-gwä′. 3. M′-kwä′. 4. We-wä′-see.

5. M′-se′-pa-se. 6. M′-ath-wa′. 7. Pa-la-wä′. 8. Psake-the′.

9. Sha-pä-tă′. 10. Na-ma-thä′. 11. Ma-na-to′. 12. Pe-sa-wä′.

13. Pä-täke-e-no-the′.

[174] In every tribe the name indicated the gens. Thus, among the Sauks

and Foxes _Long Horn_ is a name belonging to the Deer gens; _Black

Wolf_, to the wolf. In the Eagle gens the following are specimen names:

_Ka′-po-nä_, “Eagle drawing his nest;” _Ja-ka-kwä-pe_, “Eagle sitting

with his head up;” _Pe-ă-tä-na-kä-hok_, “Eagle flying over a limb.”

[175]

1. Mo-whă-wis′-so-uk. 2. Ma-kwis′-so-jik. 3. Pă-sha′-ga-sa-wis-so-uk.

4. Mă-shă-wă-uk′. 5. Kă-kă-kwis′-so-uk. 6. Pă-mis′-so-uk.

7. Nă-mă-sis′-so-uk. 8. Na-nus-sus′-so-uk. 9. Nă-nă-ma′-kew-uk.

10. Ah-kuh′-ne-näk. 11. Wä-ko-a-wis′-so-jik. 12. Kă-che-kone-a-we′-so-uk.

13. Nă-mă-we′-so-uk. 14. Mă-she′-mă-täk.

[176]

1. Ki′-no. 2. Mä-me-o′-ya. 3. Ah-pe-ki′. 4. A-ne′-po.

5. Po-no-kix′.

[177]

1. Ah-ah′-pi-tä-pe. 2. Ah-pe-ki′-e. 3. Ih-po′-se-mä.

4. Ka-ka′-po-ya. 5. Mo-tă′-to-sis. 6. Kä-ti′-ya-ye-mix.

7. Kä-ta′-ge-mă-ne. 8. E-ko′-to-pis-taxe.

[178]

I. Wolf. Took′-seat.

1. Mä-an′-greet, Big Feet. 7. Pun-ar′-you, Dog standing by Fireside.

2. Wee-sow-het′-ko, Yellow Tree. 8. Kwin-eek′-cha, Long Body.

3. Pä-sa-kun-ă′-mon, Pulling Corn. 9. Moon-har-tar′-ne, Digging.

4. We-yar-nih′-kä-to, Care Enterer. 10. Non-har′-min, Pulling up Stream.

5. Toosh-war-ka′-ma, Across the River. 11. Long-ush-har-kar′-to, Brush Log.

6. O-lum′-a-ne, Vermilion. 12. Maw-soo-toh′, Bringing Along.

II. Turtle. Poke-koo-un′-go.

1. O-ka-ho′-ki, Ruler. 6. Toosh-ki-pa-kwis-i, Green Leaves.

2. Ta-ko-ong′-o-to, High Bank Shore. 7. Tung-ul-ung′-si, Smallest Turtle.

3. See-har-ong′-o-to, Drawing down Hill. 8. We-lun-ŭng-si, Little Turtle.

4. Ole-har-kar-me′-kar-to, Elector. 9. Lee-kwin-ă-i′, Snapping Turtle.

5. Mä-har-o-luk′-ti, Brave. 10. Kwis-aese-kees′-to, Deer.

The two remaining sub-gentes are extinct.

III. Turkey. Pul-la′-ook.

1. Mo-har-ä′-lä, Big Bird. 7. Tong-o-nä′-o-to, Drift Log.

2. Le-le-wa′-you, Bird’s Cry. 8. Nool-ă-mar-lar′-mo, Living in Water.

3. Moo-kwung-wa-ho′-ki, Eye Pain. 9. Muh-krent-har′-ne, Root Digger.

4. Moo-har-mo-wi-kar′-nu, Scratch the Path. 10. Muh-karm-huk-se, Red Face.

5. O-ping-ho′-ki, Opossum Ground. 11. Koo-wä-ho′-ke, Pine Region.

6. Muh-ho-we-kä′-ken, Old Shin. 12. Oo-chuk′-ham, Ground Scratcher.

[179]

I. Took-se-tuk′.

1. Ne-ḣ′-jä-o. 2. Mä′-kwä. 3. N-de-yä′-o. 4. Wä-pa-kwe′.

II. Tone-ba′-o.

1. Gak-po-mute′. 2. ——. 3. Tone-bä′-o. 4. We-saw-mä′-un.

III. Turkey.

1. Nä-ah-mä′-o. 2. Gä-ḣ′-ko. 3. ——.

[180] In _Systems of Consanguinity_, the aboriginal names of the

principal Indian tribes, with their significations, may be found.

[181]

1. Mals′-sŭm. 2. Pis-suh′. 3. Ah-weḣ′-soos.

4. Skooke. 5. Ah-lunk′-soo. 6. Ta-mä′-kwa.

7. Mä-guḣ-le-loo′. 8. Kä-bäḣ′-seh. 9. Moos-kwă-suh′.

10. K′-che-gä-gong′-go. 11. Meḣ-ko-ă′. 12. Che-gwä′-lis.

13. Koos-koo′. 14. Mä-dä′-weh-soos.

[182] Trans. Am. Eth. Soc., ii, Intro., cxlix.

[183] _Alaska and its Resources_, p. 414.

[184] _Native Races of the Pacific States_, i, 109.

[185] The Shawnees formerly worshiped a Female Deity, called

Go-gome-tha-mä′, “Our Grand-Mother.”

[186] _Schoolcraft’s Hist., etc., of Indian Tribes_, iv, 86.

[187] _Address_, p. 12.

[188] _General History of America_, Lond. ed., 1726. Stevens’ Trans.,

iii, 299.

[189] _Ib._, iv, 171.

[190] _Ib._, iii, 203.

[191] _Ib._, iv, 33.

[192] _General History of America_, iv, 171.

[193] _Early History of Mankind_, p. 287.

[194] _Gen. Hist. of Amer._, iv, 231.

[195] _Early History of Mankind_, p. 287.

[196] _Indian Tribes of Guiana_, p. 98; cited by Lubbock, _Origin of

Civilization_, p. 98.

[197] The histories of Spanish America may be trusted in whatever

relates to the acts of the Spaniards, and to the acts and personal

characteristics of the Indians; in whatever relates to their weapons,

implements and utensils, fabrics, food and raiment, and things of

a similar character. But in whatever relates to Indian society and

government, their social relations, and plan of life, they are nearly

worthless, because they learned nothing and knew nothing of either. We

are at full liberty to reject them in these respects and commence anew;

using any facts they may contain which harmonize with what is known of

Indian society.

[198] _The Natural and Moral History of the East and West Indies_,

Lond. ed., 1604, Grimstone’s Trans., pp. 497-504.

[199] _The Natural and Moral History of the East and West Indies_, p.

499.

[200] _General History of America_, Lond. ed., 1725, Stevens’ Trans.,

iii, 188.

[201] _History of Mexico_, Philadelphia ed., 1817, Cullen’s Trans., i,

119.

[202] Herrera, _Hist. of Amer._, iii, 110.

[203] _History of Mexico, loc. cit._, i, 162.

[204] Clavigero, _Hist. of Mex._, i, 229: Herrera, iii, 312: Prescott,

_Conq. of Mex._, i, 18.

[205] The Aztecs, like the Northern Indians, neither exchanged or

released prisoners. Among the latter the stake was the doom of the

captive unless saved by adoption; but among the former, under the

teachings of the priesthood, the unfortunate captive was offered as

a sacrifice to the principal god they worshiped. To utilize the life

of the prisoner in the service of the gods, a life forfeited by the

immemorial usages of savages and barbarians, was the high conception

of the first hierarchy in the order of institutions. An organized

priesthood first appeared among the American aborigines in the Middle

Status of barbarism; and it stands connected with the invention

of idols and human sacrifices, as a means of acquiring authority

over mankind through the religious sentiments. It probably has a

similar history in the principal tribes of mankind. Three successive

usages with respect to captives appeared in the three sub-periods of

barbarism. In the first he was burned at the stake, in the second he

was sacrificed to the gods, and in the third he was made a slave. All

alike they proceeded upon the principle that the life of the prisoner

was forfeited to his captor. This principle became so deeply seated

in the human mind that civilization and Christianity combined were

required for its displacement.

[206] There is some difference in the estimates of the population of

Mexico found in the Spanish histories; but several of them concurred

in the number of houses, which, strange to say, is placed at _sixty

thousand_. Zuazo, who visited Mexico in 1521, wrote _sixty thousand

inhabitants_ (Prescott, _Conq. of Mex._, ii, 112, _note_); the

Anonymous Conqueror, who accompanied Cortes also wrote _sixty thousand

inhabitants_, “soixante mille habitans” (_H. Ternaux-Compans_, x,

92); but Gomora and Martyr wrote _sixty thousand houses_, and this

estimate has been adopted by Clavigero (_Hist. of Mex._, ii, 360), by

Herrera (_Hist. of Amer._, ii, 360), and by Prescott (_Conq. of Mex._,

ii, 112). Solis says _sixty thousand families_ (_Hist. Conq. of Mex.,

l. c._, i, 393). This estimate would give a population of 300,000,

although London at that time contained but 145,000 inhabitants (Black’s

_London_, p. 5). Finally, Torquemada, cited by Clavigero (ii, 360,

_note_), boldly writes one hundred and twenty thousand houses. There

can scarcely be a doubt that the houses in this pueblo were in general

large communal, or joint-tenement houses, like those in New Mexico of

the same period, large enough to accommodate from ten to fifty and a

hundred families in each. At either number the mistake is egregious.

Zuazo and the Anonymous Conqueror came the nearest to a respectable

estimate, because they did not much more than double the probable

number.

[207] _League of the Iroquois_, p. 78.

[208] Herrera, iii, 194, 209.

[209] Herrera, ii, 279, 304: Clavigero, i, 146.

[210] Clavigero, i, 147; The four war-chiefs were _ex officio_ members

of the Council. _Ib._, ii, 137.

[211] Herrera, ii, 310.

[212] Herrera, iii, 194.

[213] _Cronica Mexicana_, De Fernando de Alvarado Tezozomoc, ch. li, p.

83, Kingsborough, v, ix.

[214] _History of Mexico_, ii, 141.

[215] _History of America_, iii, 314. The above is a retranslation by

Mr. Bandelier from the Spanish text.

[216] _Popol Vuh_, Intro. p. 117, _note_ 2.

[217] _History of the Indies of New Spain and Islands of the Main

Land_, Mexico, 1867. Ed. by Jose F. Ramirez, p. 102. Published from the

original MS. Translated by Mr. Bandelier.

[218] _The Natural and Moral History of the East and West Indies_,

Lond. ed., 1604, Grimstone’s Trans., p. 485.

[219] _History of America_, iii, 224.

[220] _Cronica Mexicana_, cap. xcvii, Bandelier’s Trans.

[221] Ixtlilxochitl, _Hist. Chichimeca_, Kingsborough, _Mex. Antiq._

ix, p. 243.

[222] _History of Mexico_, ii, 132.

[223] “The title of _Teuctli_ was added in the manner of a surname

to the proper name of the person advanced to this dignity, as

_Chichimeca-Teuctli_, _Pil-Teuctli_, and others. The _Teuctli_ took

precedency of all others in the senate, both in the order of sitting

and voting, and were permitted to have a servant behind them with a

seat, which was esteemed a privilege of the highest honor.”—Clavigero,

ii, 137. This is a re-appearance of the sub-sachem of the Iroquois

behind his principal.

[224] _Historia Chichimeca_, ch. xxxii, Kingsborough: _Mex. Antiq._,

ix, 219.

[225] _History of Mexico, l. c._, ii, 136.

[226] Clavigero, ii, 126.

[227] _Historia General_, ch. xviii.

[228] In the West India Islands the Spaniards discovered that when

they captured the cacique of a tribe and held him a prisoner, the

Indians became demoralized and refused to fight. Taking advantage of

this knowledge when they reached the main-land they made it a point to

entrap the principal chief, by force or fraud, and hold him a prisoner

until their object was gained. Cortes simply acted upon this experience

when he captured Montezuma and held him a prisoner in his quarters; and

Pizarro did the same when he seized Atahuallpa. Under Indian customs

the prisoner was put to death, and if a principal chief, the office

reverted to the tribe and was at once filled. But in these cases the

prisoner remained alive, and in possession of his office, so that it

could not be filled. The action of the people was paralyzed by novel

circumstances. Cortes put the Aztecs in this position.

[229] _History of Mexico_, iii, 66.

[230] _Ib._, iii, 67.

[231] Clavigero, ii, 406

[232] _Ib._, ii, 404.

[233] Herrera, iii, 393.

[234] The phratries were not common to the Dorian tribes.—Müller’s

_Dorians_, Tufnel and Law’s Trans., Oxford ed., ii, 82.

[235] Hermann mentions the confederacies of Ægina, Athens, Prasia,

Nauplia, etc.—_Political Antiquities of Greece_, Oxford Trans., ch. i,

s. 11.

[236] “In the ancient _Rhetra_ of Lycurgus, the tribes and obês are

directed to be maintained unaltered: but the statement of O. Müller and

Boeckh—that there were thirty obês in all, ten to each tribe,—rests

upon no higher evidence than a peculiar punctuation in this Rhetra,

which various other critics reject; and seemingly with good reason. We

are thus left without any information respecting the obê, though we

know that it was an old peculiar and lasting division among the Spartan

people.”—Grote’s _History of Greece_, Murray’s ed., ii, 362. But see

Müller’s _Dorians_, _l. c._, ii, 80.

[237]

καίτοι τίς ἔστιν ὅστις ἂν εἰς τὰ πατρῷα μνήματα τοὺς μηδὲν ἐν

γένει τιθέντας ἐάσαι.

—Demosthenes, _Eubulides_, 1307.

[238] _History of Greece_, iii, 53, _et seq._

[239] _History of Greece_, iii, 60.

[240] Diogenes Laertius, _Vit. Aristotle_, v, 1.

Ancient society · 第 18 / 19 章