912 



iiEPOUT — 1884. 



i|s 



yvi've untouched, because, the attacldng party being large, it could not be decided by 

 ■whose bullets the soldiers were killed. 



It has been widely believed that the practice of placing tlie property of deceased 

 persons in tiieir graves when tliey are buried has its origin in religion, and testifies 

 to tlie universal belief that the dead live again and will need such articles in 

 their new life. Jint many tribes of North America who have not yet been long h 

 contact with wliite men avf)w that, there being no owner for the property, its 

 disposition might lead to controversy, and hence it is destroyed. Many examples 

 of this fact liave been collected. Ownersliip as to the greater part of property la 

 .savagery is communal, some classes of property being owned by tiie clan, others by 

 the tribe; and for .such there is no proper inheritance, as the clan and tribe dn 

 not die; but purely personal projjcrty is inherited by the grave. It seems probalile 

 tliat .such is tlie origin of the custom of burying various artich's with the dead. 

 Subsequently it has religious sanctions tiirown about it, as liavo all social customs, 



Thei'e is a law among the tribes of North America that superior age gives 

 authority. This law is widely spread, and perhaps universal, and exercises a pin- 

 found iuiluence in tribal society, as the occasions for its application are niultifarini.s. 

 Like many other of tlie institutions of tribal society, it is woven into the struct m-e 

 of tribal language. Linguists liave recorded as a curious fact that in these lan- 

 guages there is no single term for brother, but two terms, one signifying elder 

 brother and the other younger brother. They have also found similar facts relat- 

 ing to tlie term sister, and to some other kinship words; but, so far as I know, 

 they have failed to observe that the law apjilies to all consanguineal kinship nnu;-?. 

 All of these titles express relative age between the person speaking and the pei> lU 

 addressed. Among savage tribes the ag'e of an individual is not kept ; no man 

 knows his own age ; but every man, woman, and child in the tribe knows 1;is 

 relative age to every other person in the tribe — who are older and who are younger 

 than himself; for, in addressing any other person in the trib^, lie must necessarily 

 use a term which implies that the person addressed is older or younger than himself. 

 and this is rendered necessary to comply with the general law that authority 

 is inherent in the elder. This is the explanation of another curious custom observed 

 among savage tribes, namelj', that it is illegal to address a person by his proper 

 name. Kinship terms are used in direct address, proper names in speaking oi a 

 third person. The law that authority is inherent in the elder is a simple and in- 

 genious method of preventing controversy. 



An interesting form of outlawry exists among some tribes. "When a man ha 

 frequently involved his clan in controversy with other clans by reason of qTianvb 

 or other outrageous conduct, his own may decide no longer to defend him, and vvill 

 formally announce in tribal council that such person is no longer under their ])ro- 

 tection. If the person, thereafter, by his conduct maltreats any member of tlie 

 . tribe, the injured party may do as he will with the offender, and will not be held 

 accountable by the kindred of the outlaw. 



The few illustrations here given are sufiicient perhaps to make clear what is 

 meant by the .statement that a large class of savage laws are designed to prevejit 

 controversy. Many other illustrations might be given, for they are found on every 

 hand. 



Three e.«pecial methods of terminating controversy are widely spread among the 

 tribes of North America. 



When controversy arises in relation to ownership, the property is usually de- 

 stroyed bj' the clan or tribal authorities. Thus, if two men dispute in bartering 

 their horses, a third steps in and kills both animals. It seems probable that the 

 destruction of property, the ownership of which is in di.spute, is common to all 

 tribes, 



A second method of ending controversy is by the arbitrament of per.sonal coti- 

 Hict. For example, if two persons disagree .and come to blows, unless conllict end 

 in the maiming or killing of one of the parties, it is considered a final settlement, 

 f.nd they cannot thereafter appeal to their clans for justice. By conflict a contro- 

 •ver.sy is outlawed. This law seems to be universal. 



The tliud method of terminating controversy is by the establishment of seme 



