OF THE BUREAU OF ETHNOLOGY. LVII 



A definition of the term " law," that will hold good under 

 all circumstances, must be divested of the many theories of its 

 origin, the source of its authority, and its ethical character- 

 istics, which are expressed or implied in customary definitions, 

 and laws must be considered as objective facts. The follow- 

 ing definition will perhaps do under all circumstances: A law 

 is a rule of conduct which organized society endeavors to enforce. 



In civilization, law is theoretically founded on justice; but 

 in savagery, principles of justice have little consideration. 

 There are two fundamental principles at the basis of primitive 

 law: viz., first, controversy should be prevented; second, con- 

 troversy should be terminated. A third is derivative from 

 them; namely, infraction of law should be punished. These 

 principles enter into primitive law in many curious ways. 



It was customary among the tribes of North America for 

 individuals to mark their arrows, in order that the stricken 

 game might fall to the man by whose arrow it had been de- 

 spatched. 



A war-party of Sioux surprised a squad of sleeping soldiers, 

 who were all killed at the first volley from the Indians. Their 

 anus, blankets, and other property were untouched, because, 

 the attacking 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 the 

 property of deceased persons in their graves when they are 

 buried has its origin in religion, and testifies to the universal 

 belief that the dead live again, and will need such articles in 

 their new life. But many tribes of North America who have 

 not yet been long in contact with white men avow that, there 

 being no owner for the property, its disposition might lead to 

 controversy, and hence it is destroyed. Many examples of this 

 fact have been collected. Ownership to the greater part of 

 property in savagery is communal, some classes of property 

 being owned by the clan, others by the tribe; and for such 

 there is no proper inheritance, as the clan and tribe do not die; 

 but purely personal property is inherited by the grave. It 

 seems pi'obable that such is the origin of the custom of bury- 



