39 The Smithsonian Institution 



dians began, Morgan's classic work on "Systems of Consan- 

 guinity and Affinity of the Human Family " l was published, 

 and the principles enumerated therein were carefully sub- 

 mitted to the test of field observation during several succes 

 sive seasons ; and when the bureau was instituted a part of 

 the researches followed the lines indicated in Morgan's trea- 

 tise. In this way a large body of material relating to abo- 

 riginal kinship systems was accumulated and was utilized in 

 the definition of stages in social development. It was ascer- 

 tained that, while primarily real, the recognized kinship 

 among primitive peoples is in part assumed, and that this 

 assumption of kinship has far-reaching consequences, too 

 numerous and complex for summary statement. 



During the progress of the anthropological researches of 

 the Rocky Mountain Survey, Major Powell ascertained that 

 the Indians have a system of tribal laws which are notably 

 fair, comprehensive, and efficient. In the absence of writing 

 there are no statutes, yet through the intricate system of pre- 

 scriptorial association the laws are perpetuated almost as 

 completely as, and inculcated much more generally than, the 

 statutes of civilized peoples ; in nearly all tribes the code was 

 crystallized in the tribal organization, in the names of indi- 

 viduals and groups, in kinship and marital relations, in form 

 of salutation, in the position of individuals about the camp- 

 fire and of camps in the group, in the points of the compass, 

 in colors, in symbols on arrow-shaft or garment or habita- 

 tion, and in many other w.ays. When the bureau was insti- 

 tuted, aboriginal law was found to form a fruitful field for re- 

 search, and much information was collected. On comparing 

 the facts discovered among many tribes, it was ascertained 

 that the legal system of the Indians, while varying from place 

 to place and from stage to stage in degree of development 



1 " Smithsonian Contributions to Knowledge," 1871, Volume xvn. 



