OF THE BUREAU OP ETHNOLOGY. XLIX 



A fourth characteristic of a clan is therefore reached: A clan 

 is a body of kindred having- a common name, the name of its 

 tutelar deity. 



The clan, whether enatic or agnatic, is composed of brothers 

 and sisters in each generation ; and in the custom-law of this 

 stage of culture brothers and sisters cannot intermarry. In 

 like manner, when the clan is enatic, by the same custom-law 

 a mother cannot marry her son, natal or fictitious; and when 

 the clan is agnatic a father cannot marry his daughter, natal 

 or fictitious. Thus it is that marriage within the enatic or 

 agnatic group is incest, and is usually punished with death. 

 The rules for marriage outside of the clan are various, and the 

 subject need not here be entered upon. It is sufficient to note 

 that the group is exogamous. It will be seen that the term 

 "exogamy" is here used in a sense altogether different from 

 that given it by McLennan and the writers of his school. 



The fifth characteristic of a clan, therefore, is reached: A clan 

 is a group of exogamous kindred. 



As a clan is a brother-group and sister-group in each gen- 

 eration, though these ties are in small part real, and in large 

 part artificial, yet they are considered to be the closest, and to 

 combine the group into the firmest union. The body, there- 

 fore, constitutes a feud-group to secure one another's rights 

 and to avenge one another's wrongs. The clan is held re- 

 sponsible by the tribe for the conduct of its members. All con- 

 troversies arising within the clan are settled by the clan; con- 

 troversies arising between members of different clans are set- 

 tled by the tribe. For personal injury, especially for maiming 

 and murdering, every clan holds every other clan responsible. 

 Out of this arises the blood-feud, and out of blood-feud arises 

 outlawry; for when a clan finds that one of its members has 

 become so outrageous in his conduct that the other members 

 no longer wish to hold themselves responsible therefor, the clan 

 formally declares that the culprit no longer constitutes one of 

 the community. The offender is expelled from the clan and 

 becomes an outlaw, and any one may kill him. 

 3 eth iv 



