CXIV REPORT OF THE BUREAU OF ETHNOLOGY 



Now, in all of these extratribal niarriag-es, crime is com- 

 mitted, and the peculiar methods and ceremonies of marriage 

 b)' purchase, marriage by Avager of battle, marriage hv capture, 

 and marriage by choice result in the reestablishment of justice 

 as it is conceived in the savage mind. We have already ex- 

 plained much of personal law in the explanation of the law of 

 marriage and the law of promotion and reduction. Yet there 

 are other subjects worthy of present consideration. Murder is 

 punished with death. The crime is against the clan, and any 

 member of the clan may become the avenger, though often 

 some particular person is delegated to that office. The mur- 

 derer may also be defended by his clan; in such case the death 

 of any of the murderer's clan atones for the death of the mur- 

 dered man, lint the murderer may be declared an outlaw bj' 

 his clan, and any man of any clan may dispatch him with 

 impunity. In some cases murder may be atoned by substitu- 

 tion; that is, the inurderer may l)e expatriated, driven from his 

 home and clan, and thus become dead to his own j^eople and 

 then be adopted by the injured family to replace the murdered 

 person. Thus the wife of the murdered man may adopt the 

 murderer for her husband ; in so doing he loses his own name 

 and all relations of kinship and adopts the name and relations 

 of kinship of the murdered man. A quarrelsome man may 

 embroil clans, and this may be carried on to such an extent 

 that the clan will declare him an outlaw. Sometimes murder 

 is atoned by the payment of a stipulated or customary price, 

 and usually blood barter is graded by rank. Claiming is also 

 avenged by the clan, "an eye for an eye and a tooth for a 

 tooth;" but it may be compounded by common agreement 

 between the belligerent clans. 



A belief in witchcraft is universal. A person suspected may 

 finally come to be universally recognized as practicing black 

 art. Such a wicked person is killed as an outlaw. The wizard 

 may not have such a reputation in his own clan, Ijut may be 

 accused of witchcraft l>y another clan; if there is a wish to 

 preserve him, his witchcraft may l)e compounded. 



We have already explained the equal division of propertv 

 in the clan, the equitable division madi- to the successful hunter, 



