CiIAPTER XIII. 



JUDICIAL AND EXECUTIVE SYSTEMS. 



522. That we may be prepared for recognizing the 

 primitive identity of military institutions with institutions 

 for administering justice, let us observe how close is the kin 

 ship between the modes of dealing with external aggression 

 and internal aggression, respectively. 



We have the facts, already more than once emphasized, that 

 at first the responsibilities of communities to one another 

 are paralleled by the responsibilities to one another of family- 

 groups within each community ; and that the kindred claims 

 are enforced in kindred ways. Various savage tribes show us 

 that, originally, external war has to effect an equalization of 

 injuries, either directly in kind or indirectly by compen 

 sations. Among the Ohinooks, &quot; has the one party a larger 

 number of dead than the other, indemnification must be 

 made by the latter, or the war is continued ;&quot; and among the 

 Arabs &quot; when peace is to be made, both parties count up their 

 dead, and the usual blood-money is paid for excess on either 

 side.&quot; By which instances we are shown that in the wars 

 between tribes, as in the family-feuds of early times, a 

 death must be balanced by a death, or else must be com 

 pounded for ; as it once was in Germany and in England, by 

 specified numbers of sheep and cattle, or by money. 



Not only are the wars which societies carry on to effect the 

 lighting of alleged wrongs, thus paralleled by family-feuds in 

 the respect that for retaliation in kind there may be substi- 



