ADMINISTRATIVE RKPORT CXIII 



rapidly, so that a Ijrilliant voiitli may become an eiCier man, 

 and g-ray-liaired men must address him as "father," and he 

 must even call his natural grandfather '■grandson." By such 

 methods primordial equity is established. 



That which in modern civilization is the highest function of 

 the court and best exhibits the talents of the advocate is the 

 discovery of facts; but ready methods for discovering the 

 truth pre^ ail in savagery. This is the function of the priest, 

 who by some form of divinition discovers the facts. Thus it is 

 that justice is distributed in its five elements of peace, equality, 

 liberty, equity, and truth. 



Justice is not always performed in savage society, and it 

 even goes awry in civilized society; hence we have remedies 

 in savagery and civilization alike. But sometimes there is no 

 remedy, when punishment is executed. ^Ye Jiave already 

 shown how exogamous groups are organized. A man can not 

 marry within his clan, because already the clan has promised 

 its women for the wives of another clan, vet the marriage mav 

 be accomplished and crime is done. This is incest. Often 

 iiominall\' the punishment is death, and sometimes the law is 

 executed, but there are many ways by which justice may be 

 done without inflicting the ultimate penalty. The crime may 

 be condoned and a price paid, and this often done may ulti- 

 mately result in a custom of marriage by purchase. The clans 

 of a tribe may prosper equally, and there may be more men 

 in one clan than there are women in another, and men may 

 quarrel or even fight for wives, and such contest ma)' ulti- 

 mately be regulated by law; this results in marriage by wager 

 of battle. If the woman is unwilling, it may also require cap- 

 ture, and this may be legalized under certain forms and cere- 

 monies, and we have marriage In' capture. But A'ouug men 

 and young women form mutual attachments which are some- 

 times stronger than tribal law, and tliey may abscond and live 

 together as man and wife. If they can successfully maintain 

 themselves in the wilderness until a child is born, the child 

 becomes the certificate of marriage and the wedding is thus 

 legalized, and with this certificate the crime is atoned. This is 

 the onh' marriage by choice. 



15 ETH VIII 



