THE GREAT POLITICAL SUPERSTITION, 305 



a tendency for the stronger to aggress on the weaker ; yet, generally, 

 consciousness of the evils resulting from aggressive conduct serves to 

 restrain. Everywhere among primitive peoples, trespasses are followed 

 by counter-trespasses. Says Turner, of the Tannese, "Adultery and 

 some other crimes are kept in check by the fear of club-law." * Fitz- 

 roy tells us that the Patagonian, " if he does not injure or offend his 

 neighbor, is not interfered with by others " : \ personal vengeance 

 being the penalty for injury. We read of the Uaupes that "they 

 have very little law of any kind ; but what they have is of strict re- 

 taliation — an eye for an eye and a tooth for a tooth." J And that the 

 lex talionis tends to establish a distinction between what each member 

 of the community may safely do and what he may not safely do, and 

 consequently to give a sanction to actions within a certain range but 

 not beyond that range, is obvious. Though, says Schoolcraft of the 

 Chippewayans, they " have no regular government, as every man is 

 lord in his own family, they are influenced more or less by certain 

 principles which conduce to their general benefit " : * one of the prin- 

 ciples named being recognition of private property. 



How mutual limitation of activities originates the ideas and senti- 

 ments implied by the phrase " natural rights," we are shown most dis- 

 tinctly by the few peaceful tribes which have either nominal govern- 

 ments or none at all. Beyond those facts which illustrate scrupulous 

 regard for one another's claims among the Todas, Santals, Lepchas, 

 Bodo, Chakmas, Jakuns, Arafuras, etc., we have the fact that the 

 utterly-uncivilized Wood-Yeddahs, without any social organization at 

 all, " think it perfectly inconceivable that any person should ever take 

 that which does not belong to him, or strike his fellow, or say any- 

 thing that is untrue." || Thus it becomes clear, alike theoretically and 

 historically, that while the positive element in the right to carry on 

 life-sustaining activities originates from the laws of life, that negative 

 element which gives ethical character to it, originates from the condi- 

 tions produced by social aggregation. 



So alien to the truth, indeed, is the alleged creation of rights by 

 government, that, contrariwise, rights having been established more 

 or less clearly before government arises, become obscured as govern- 

 ment develops, along with that militant activity which, both by the 

 taking of slaves and the establishment of ranks, produces statits ; and 

 the recognition of rights begins again to get definiteness only as fast 

 as militancy ceases to be chronic and governmental power declines. 



When we turn from the life of the individual to the life of the 

 society, the same lesson is taught us. 



* " Polynesia," p. 86. f " Voyages of the Adventure and Beagle," ii, 167. 

 % Wallace, A. R., " Travels on Amazon and Rio Negro," p. 499. 



* Schoolcraft, " Expedition to the Sources of the Mississippi," v, lYY. 



\ B. F., Hartshorne, "Fortnightly Review," Mardi, 1876. See also H. C. Sirr, " Ceylon 

 and the Ceylonese," ii, 21&» 



VOL. XXV. — 20 



