178 TRANSACTIONS OF THE 



husbands to clan B, and clan B to clan C, and clan C to clan 

 D, and clan D to clan A. It will be impossible to explain all the 

 forms of kinship society in Savagery; but it is sufficient to say 

 that everywhere the tribal state is organized on a kinship basis. 



If two tribes form an alliance for offensive and defensive purposes, 

 an artificial kinship is always established. Under such circum- 

 stances the tribes entering into the alliance make an agreement with 

 one another what their relationship shall be. If two tribes are thus 

 joined they may call each other brothers; then one will be the elder- 

 brother tribe, the other the younger-brother tribe. Or they may 

 assume the relationship of parent and child to each other, and the 

 men of one tribe call the men of the other " fathers" and the women 

 " mothers," &:c. But all clan relations and all tribal relations are 

 really or theoretically kinship relations. In all such bodies poli- 

 tic there is a perpetual conflict between tribal and clan prerogatives, 

 and it is settled by different methods in different tribes and at dif- 

 ferent times; but, in general, crimes are of two classes in this 

 respect: those over which the tribe has jurisdiction, and those over 

 which the clan has jurisdiction. Sometimes the clan assumes almost 

 supreme jurisdiction ; at other times the tribe assumes almost supreme 

 jurisdiction. All petty crimes, as they are considered in savage 

 society, fall under the jurisdiction of the clan. It may be asked 

 how a state of social organization so strange to us ever became estab- 

 lished, and yet it may be easily seen that, anterior to the develop- 

 ment of modern ideas and methods of government, it was the 

 simplest way of settling difficulties, establishing peace, and con- 

 solidating peoples into bodies-politic that could occur to a people. 



In the 34th chapter of Genesis there is recorded a proposition to 

 organize a barbaric tribe : 



" And Hamor the father of Shechem went out unto Jacob to commune with him. 



"And Hamor communed with them, saying, The soul of my son Shechem 

 longeth for your daughter: I pray you give her him to wife. 



" And make ye marriages with us, and give your daughters unto us, and take 

 our daughters unto you. 



"And ye shall dwell with us : and the land shall be before you; dwell and 

 trade ye therein, and get you possessions therein." 



In all stages of society, laws regulate conduct in those particu- 

 lars about which men disagree. Wherever there is universal agree- 

 ment there is no need for law, and when men disagree about the 



