912 report— 1884. 



were untouched, because, the attacking party beiDg 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 as 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 probable 

 that such is the origin of the custom of burying various articles with the dead. 

 Subsequently it has religious sanctions thrown about it, as have all social customs. 



There is a law among the tribes of North America that superior age gives 

 authority. This law is widely spread, and perhaps universal, and exercises a pro- 

 found influence in tribal society, as the occasions for its application are multifarious. 

 Like many other of the institutions of tribal society, it is woven into the structure 

 of tribal language. Linguists have recorded as a curious fact that in these lan- 

 guages there is no single term for brother, but two terms, one signifying elder 

 brother and the other younger brother. They have also found similar facts relat- 

 ing to the term sister, and to some other kinship words ; but, so far as I know, 

 they have failed to observe that the law applies to all consanguineal kinship names. 

 All of these titles express relative age between the person speaking and the person 

 addressed. Among savage tribes the age of an individual is not kept ; no man 

 knows his own age ; but every man, woman, and child in the tribe knows his 

 relative age to every other person in the tribe — who are older and who are younger 

 than himself ; for, in addressing any other person in the tribe, he must necessarily 

 use a term which implies that the person addressed is older or younger than himself, 

 and this is rendered necessary to comply with the general law that authority 

 is inherent in the elder. This is the explanation of another curious custom observed 

 among savage tribes, namely, that it is illegal to address a person by his proper 

 name. Kinship terms are used in direct address, proper names in speaking of a 

 third person. The law that authority is inherent in the elder is a simple and in- 

 genious method of preventing controversy. 



An interesting form of outlawry exists among some tribes. When a man has 

 frequently involved his clan in controversy with other clans by reason of quarrels 

 or other outrageous conduct, his own may decide no longer to defend him, and will 

 formally announce in tribal council that such person is no longer under their pro- 

 tection. If the person, thereafter, by his conduct maltreats 'any member of the 

 tribe, the injured party may do as he will with the offender, and will not be held 

 accountable by the kindred of the outlaw. 



The few illustrations here given are sufficient perhaps to make clear what is 

 meant by the statement that a large class of savage laws are designed to prevent 

 controversy. Many other illustrations might be given, for they are found on every 

 hand. 



Three especial methods of terminating controversy are widely spread among the 

 tribes of North America. 



When controversy arises in relation to ownership, the property is usually de- 

 stroyed by the clan or tribal authorities. Thus, if two men dispute in bartering 

 their horses, a third steps in and kills both animals. It seems probable that the 

 destruction of property, the ownership of which is in dispute, is common to all 

 tribes. 



A second method of ending controversy is by the arbitrament of personal con- 

 flict. For example, if two persons disagree and come to blows, unless conflict end 

 in the maiming or killing of one of the parties, it is considered a final settlement, 

 tnd they cannot thereafter appeal to their clans for justice. By conflict a contro- 

 versy is outlawed. This law seems to be universal. 



Tlie third method of terminating controversy is by the establishment of some 



