LX ANNOAL REPORT OF THE DIRECTOR 



which may not here be recounted for want of space. But the 

 essential principle is this: in order that controversy may be 

 avoided, marriage selection is by legal appointment, and not 

 by personal choice. 



But the second fundamental principle of primitive law greatly 

 modifies selection by legal appointment, and gives rise to three 

 forms of marriage, which will be denominated as follows: first, 

 marriage by elopement; second, marriage by capture; third, 

 marriage bv duel. 



It very often happens in the history of tribes that certain of 

 the kinship groups diminish in number, while others increase. 

 A group of men may greatly increase in number, while the 

 group of women from whom they are obliged to accept their 

 wives diminishes. At the same time another group of women 

 may be large in proportion to the group of men to whom they 

 are destined. Under these circumstances, certain men have a 

 right to many wives, while others have a right to but few. It 

 is very natural that young men and young women should 

 sometimes rebel against the law, and elope with each other. 

 Now, a fundamental principle of early law is that controversy 

 must end; and such termination is secured by a curious pro- 

 vision found among many, perhaps all, tribes. A day is estab- 

 lished, sometimes once a moon, but usually once a year, at 

 which certain classes of offenses are forgiven. If, then, a run- 

 away couple can escape to the forest, and live by themselves 

 till the day of forgiveness, they may return to the tribe and 

 live in peace. Marriage by this form exists in many of the 

 tribes of North America. 



Again, the group of men whose marriage rights are curtailed 

 by diminution of the stock into which they may marry, some- 

 times unite to capture a wife for one of their number from some 

 other group. It must be distinctly understood that this cap- 

 ture is not from an alien tribe, but always from a group within 

 the same tribe The attempt at capture is resisted, and a con- 

 flict ensues. If the capture is successful, the marriage is there- 

 after considered legal ; if unsuccessful, a second resort to cap- 

 ture in the particular case is not permitted, for controversy 

 must end. When women are taken in war from alien tribes 



