ISRAELITE AND INDIAN. 199 



noted. Other clans also have animal names : the Shillimites or 

 Fox clan, of Naphtali ; the Shuhamites or Serpent clan, of Benja- 

 min ; the Bachrites or Camel clan, of Ephraim and Benjamin ; the 

 Elonites or Oak clan, of Zebulon ; the Tolaites or Worm clan, of 

 Issachar ; and the Arelets or Lion clan, of Gad. 



A special suggestion comes from the tribe of Simeon. In the 

 blessing of Jacob, Simeon is coupled with Levi as a tribe scat- 

 tered in Israel. Some Simeonites lived in the south of the terri- 

 tory of Judah, but they do not appear there as an independent 

 local tribe. It would seem that Simeon remained as a divided 

 stock, having representatives through the female line in the dif- 

 ferent local groups. When the old system was transformed, 

 Simeon lost importance and ultimately dropped from the list of 

 tribes. The name of the tribe was lost but not the people, as 

 has been noticed also in careful statistical examination of the 

 Indians. 



The tribe of Judah received the powerful accession of the Dog 

 tribe, the Calebites (to be again mentioned), among whom there 

 were many animal names. 



In view of the above, and the additional fact that the early 

 Israelites freely intermarried with the surrounding nations, it 

 becomes highly probable that the totemic system of those neigh- 

 bors existed in all Israel, as was obviously the case in Judah. 



Punishment In the stage of barbarism man belongs not to 

 himself, but to his clan and tribe. In civilization crime is the act 

 of an individual for which he is responsible to the whole commu- 

 nity, and there can be no crime without a malicious intent. In 

 the totemic stage the clan was responsible to all its members and 

 to all other clans for the offense of any of its own members, and 

 the act itself, not its intent, constituted the offense. Hence the 

 rules respecting obedience, punishment, and protection differ from 

 those of civilized man. 



Punishments among the Indians were chiefly death or expul- 

 sion from the tribe the latter, from the unprotected state of the 

 offender, being tantamount to death. The code consisted in the 

 application of the lex talionis. The vengeance of blood for homi- 

 cide was exacted as a clan duty. It was executed by the clan of 

 the person killed, generally by the nearest of clan kinship, and it 

 was required even if the death were by accident, unless the kill- 

 ing was condoned by payment. Among the Israelites the lex ta- 

 lionis was likewise the fundamental law, and the duty of blood 

 revenge also devolved on the kin by the mother's side i. e., the 

 kindred according to the normal clan system. 



Sanctuary. The doctrine that no crime could be individual, 

 but might be committed against a clan by a clan through one of 

 its members, rendered it necessary to have some special provision 



