ADMINISTRATIVE REPORT CXI 



astic. The wa)- in '^^■llich they are regimented ana controlled 

 differs from tribe to tribe, and there is a great variety of cere- 

 monial (observances. In all civic councils the ecclesiastic au- 

 thorities take part and have specified functions to perfonn, and 

 introduce into civic life the ceremonies which they believe will 

 procure good fortune. Perhaps the ecclesiastic authorities may 

 be more powerful than the civic authorities, and the hereditary 

 hne of special ecclesiastic governors may gradually overpower 

 the civic constitution and absorb it as a secondary element 

 in the ecclesiastic constitution, for it must be remendjered that 

 the chief priests are men; the women play a very small part 

 in ecclesiastic affairs. Now, as the men manage ecclesiastic 

 affairs as chief priests, so civil affairs are managed mainly by 

 men as eldermen, and the conflict Avhich sometimes arises 

 between the two forms of government is luainly between men 

 and men — between able eldermen and able shamans. Some- 

 times both offices are combined in one person, and the great 

 elderman may also be the great shaman. 



There are five fundamental principles of justice; that is, to 

 secure justice, five fundamental purposes must be considered: 

 Justice is the establishment of peace. Justice is the establish- 

 ment of equality. Justice is the establishment of liberty. 

 Justice is the establishment of equity; and justice is the estab- 

 lishment of truth. In all law, primitive and modern alike, 

 these principles are recognized, and all institutions are organ- 

 ized for these purposes. 



In the study of North American tribes it is always found 

 that the purpose assigned and recognized for the organization 

 of that unit is the establishment of peace. Two or more bodies 

 have come to war and finallv ag-ree to live in peace and make 

 a treaty, and the terms of the treaty' are invariably of one 

 character if they unite as a tribe. If they unite as a confed- 

 eracy, it is for other purposes. This fundamental condition for 

 the organization of a tribe is that the one party agrees that its 

 women shall be the Avives of the other, with a reciprocal obli- 

 gation; and this is the characteristic which distinguishes tribes 

 from confederacies. A body of people that is organized for 

 the purpose of regulating marriage is a tribe, and a body of 



