FOOTNOTES:

FOOTNOTES:[7]Author's note.How little Bachofen understood what he had discovered, or rather guessed, is proved by the term "hetaerism," which he applies to this primeval stage. Hetaerism designated among the Greeks an intercourse of men, single or living in monogamy, with unmarried women. It always presupposes the existence of a well defined form of marriage, outside of which this intercourse takes place, and includes the possibility of prostitution. In another sense this word was never used, and I use it in this sense with Morgan. Bachofen's very important discoveries are everywhere mystified in the extreme by his idea that the historical relations of man and wife have their source in the religious conceptions of a certain period, not in the economic conditions of life.[8]Translator's note.The female of the European cuckoo (cuculus canorus) keeps intercourse with several males in different districts during the same season. Still, this is far from the human polyandry, in which the men and one women all live together in the same place, the men mutually tolerating one another, which male cuckoos do not.[9]Westermarck, The History of Human Marriage, London, 1891.[10]Espinas, Des Societes Animales, 1877.[11]Espinas, l. c., quoted by Giraud-Teulon, Origines du mariage et de la famille, 1884, p. 518-20.[12]Author's note. In the spring of 1882, Marx expressed himself in the strongest terms on the total misrepresentation of primeval times by Wagner's Nibelungen text: "Who ever heard of a brother embracing his sister as a bride?" To these lascivious Wagnerian gods who in truly modern style are rendering their love quarrels more spicy by a little incest, Marx replies: "In primeval times the sister was the wife and that was moral." (To the fourth edition.) A French friend and admirer of Wagner does not consent to this foot note, and remarks that even in the Oegisdrecka, the more ancient Edda on which Wagner built, Loki denounces Freya: "Before the gods you embraced your own brother." This, he says, proves that marriage between brother and sister was interdicted even then. But the Oegisdrecka is the expression of a time when the belief in the old myths was totally shaken; it is a truly Lucian satire on the gods. If Loki as Mephisto denounces Freya in this manner, then it is rather a point against Wagner. Loki also says, a few verses further on, to Niordhr: "With your sister you generated (such) a son" ("vidh systur thinni gatzu slikan mog"). Niordhr is not an Asa, but a Vana, and says in the Ynglinga Saga that marriages between brothers and sisters are sanctioned in Vanaland, which is not the case among the Asas. This would indicate that the Vanas are older gods than the Asas. At any rate Niordhr lived on equal terms with the Asas, and the Oegisdrecka is thus rather a proof that at the time of the origin of the Norwegian mythology the marriage of brother and sister was not yet repulsive, at least not to the gods. In trying to excuse Wagner it might be better to quote Goethe instead of the Edda. This poet commits a similar error in his ballad of the god and the bajadere in regard to the religious surrender of women and approaches modern prostitution far too closely.[13]There is no longer any doubt that the traces of unrestricted sexual intercourse, which Bachofen alleges to have found—called "incestuous generation" by him—are traceable to group marriage. If Bachofen considers those Punaluan marriages "lawless," a man of that period would look upon most of our present marriages between near and remote cousins on the father's or mother's side as incestuous, being marriages between consanguineous relatives.—Marx.[14]The People of India.[15]See translator's note, p. 55.[16]Translator's note.According to Cunow, Kroki and Kumite are phratries. See "Die Verwandschaftsorganizationen der Australneger," by Heinrich Cunow. Stuttgart, Dietz Verlag, 1894.[17]Translator's note.Heinrich Cunow has given us the results of his most recent investigations in his "Verwandschaftsorganisationen der Australneger." He sums up his studies in these words: "While Morgan and Fison regard the system of marriage classes as an original organization preceding the so-called Punaluan family, I have found that the class is indeed older than the gens, having its origin in the different strata of generations characteristic of the "consanguine family" of Morgan; but the present mode of classification in force among Kamilaroi, Kabi, Yuipera, etc., cannot have arisen until a much later time, when the gentile institution had already grown out of the horde. This system of classification does not represent the first timid steps of evolution; it is not the most primitive of any known forms of social organization, but an intermediate form that takes shape together with the gentile society, a stage of transition to a pure gentile organization. In this stage, the generic classification in strata of different ages belonging to the so-called consanguine family runs parallel for a while with the gentile order....It would have been easy for me to quote the testimony of travelers and ethnologists in support of the conclusions drawn by me from the forms of relationship among Australian negroes. But I purposely refrain from doing this, with a few exceptions, first because I do not wish to write a general history of the primitive family, and, secondly, because I consider all references of this kind as very doubtful testimony, unless they are accompanied by an analysis of the entire organization. We frequently find analogies to the institutions of a lower stage in a high stage, and yet they are founded on radically different premises and causes. The evolution of the Australian aborigines shows that. Among the Australians of the lower stage, e. g., the hordes are endogamous, among those of the middle stage they are exogamous, and in the higher stage they are again endogamous. But while in the one instance the marriage in the horde is conditioned on the fact that the more remote relatives are not yet excluded from sexual intercourse, it is founded in the other case on the difference between local and sexual organization. Furthermore, the marriage between daughter and father is permitted in the lower stage, and again in that higher stage, where the class organization of the Kamilaroi is on the verge of dissolution. But in both cases the circle of those who are regarded as fathers is entirely different. The character of an institution can only be perfectly understood, if we examine its connection with the entire organization, and, if possible, trace its metamorphoses in the preceding stages....The characteristic feature of the class system is that by the side of the gentile order, such as is found among the North American Indians, there is always another system of four marriage classes for the purpose of limiting sexual intercourse between certain groups of relatives. Neither the phratry nor the gens of the Kamilaroi forms a distinct territorial community. Their members are scattered among different roving hordes, and they only meet occasionally, e. g., to celebrate a feast or dance....The origin of gentile systems out of Punaluan groups has never been proven, while we see among the Australian negroes that the classes are clearly and irrefutably in existence among the first traces of gentilism....The class system in its original form is a conclusive proof of Morgan's theory, that the first step in the formation of systems of relationship consisted in prohibiting sexual intercourse between parents and children (in a wider sense)....It has been often disputed that the Punaluan family ever existed outside of the Sandwich Islands. But the marriage institutions of certain Australian tribes named by me prove the contrary. The Pirrauru of the Dieyerie is absolutely identical with the Punalua of the Hawaiians; and these institutions were not described by travelers who rushed through the territories of those tribes without knowing their language, but by men who lived among them for decades and fully mastered their dialects....I have shown how far the class system corresponds to the Hawaiian system. It is and remains a fact, that it contains a long series of terms that cannot be explained by the relations in the so-called consanguine family, and the use of which creates confusion, if applied to this family. But that simply shows that Morgan was mistaken about the age and present structure of the Hawaiian system. It does not prove that it could not have grown on the basis assumed by him....If the opponents of Morgan dispute that the so-called consanguine family is based on blood kinship, they are right, unless we wish to assign an exceptional position to the Australian strata of generations. But if they go further and declare that the subsequent restrictions of inbreeding and the gentile order have arisen independently of relationships, they commit a far greater mistake than Morgan. They block their way to an understanding of subsequent organizations and force themselves to all sorts of queer assumptions that at once appear as the fruits of imagination, when compared with the actual institutions of primitive peoples.This explanation of the phases of development of family institutions contradicts present day views on the matter. Since the scientific investigations of the last decade have demonstrated beyond doubt that the so-called patriarchal family was preceded by the matriarchal family, it has become the custom to regard descent by females as a natural institution belonging to the very first stages of development which is explained by the modes of existence and thought among savages. Paternity being a matter of speculation, maternity of actual observation, it is supposed to follow that descent by females was always recognized. But the development of the Australian systems of relationship shows that this is not true, at least not in regard to Australians. The fact cannot be disputed away, that we find female lineage among all those higher developed tribes that have progressed to the formation of gentile organizations, but male lineage among all those that have no gentile organizations or where these are only in process of formation. Not a single tribe has been discovered so far, where female lineage was not combined with gentile organization, and I doubt that any will ever be found."[18]The History of Human Marriage, p. 28-29.[19]Mutterrecht, p. xix.[20]A Journey in Brazil. Boston and New York, 1886. Page 266.[21]Bancroft, Native Races, I., 81.[22]Ibidem, p. 584.[23]Morgan, Ancient Society, p. 504.

[7]Author's note.How little Bachofen understood what he had discovered, or rather guessed, is proved by the term "hetaerism," which he applies to this primeval stage. Hetaerism designated among the Greeks an intercourse of men, single or living in monogamy, with unmarried women. It always presupposes the existence of a well defined form of marriage, outside of which this intercourse takes place, and includes the possibility of prostitution. In another sense this word was never used, and I use it in this sense with Morgan. Bachofen's very important discoveries are everywhere mystified in the extreme by his idea that the historical relations of man and wife have their source in the religious conceptions of a certain period, not in the economic conditions of life.

[7]Author's note.

How little Bachofen understood what he had discovered, or rather guessed, is proved by the term "hetaerism," which he applies to this primeval stage. Hetaerism designated among the Greeks an intercourse of men, single or living in monogamy, with unmarried women. It always presupposes the existence of a well defined form of marriage, outside of which this intercourse takes place, and includes the possibility of prostitution. In another sense this word was never used, and I use it in this sense with Morgan. Bachofen's very important discoveries are everywhere mystified in the extreme by his idea that the historical relations of man and wife have their source in the religious conceptions of a certain period, not in the economic conditions of life.

[8]Translator's note.The female of the European cuckoo (cuculus canorus) keeps intercourse with several males in different districts during the same season. Still, this is far from the human polyandry, in which the men and one women all live together in the same place, the men mutually tolerating one another, which male cuckoos do not.

[8]Translator's note.

The female of the European cuckoo (cuculus canorus) keeps intercourse with several males in different districts during the same season. Still, this is far from the human polyandry, in which the men and one women all live together in the same place, the men mutually tolerating one another, which male cuckoos do not.

[9]Westermarck, The History of Human Marriage, London, 1891.

[10]Espinas, Des Societes Animales, 1877.

[11]Espinas, l. c., quoted by Giraud-Teulon, Origines du mariage et de la famille, 1884, p. 518-20.

[12]Author's note. In the spring of 1882, Marx expressed himself in the strongest terms on the total misrepresentation of primeval times by Wagner's Nibelungen text: "Who ever heard of a brother embracing his sister as a bride?" To these lascivious Wagnerian gods who in truly modern style are rendering their love quarrels more spicy by a little incest, Marx replies: "In primeval times the sister was the wife and that was moral." (To the fourth edition.) A French friend and admirer of Wagner does not consent to this foot note, and remarks that even in the Oegisdrecka, the more ancient Edda on which Wagner built, Loki denounces Freya: "Before the gods you embraced your own brother." This, he says, proves that marriage between brother and sister was interdicted even then. But the Oegisdrecka is the expression of a time when the belief in the old myths was totally shaken; it is a truly Lucian satire on the gods. If Loki as Mephisto denounces Freya in this manner, then it is rather a point against Wagner. Loki also says, a few verses further on, to Niordhr: "With your sister you generated (such) a son" ("vidh systur thinni gatzu slikan mog"). Niordhr is not an Asa, but a Vana, and says in the Ynglinga Saga that marriages between brothers and sisters are sanctioned in Vanaland, which is not the case among the Asas. This would indicate that the Vanas are older gods than the Asas. At any rate Niordhr lived on equal terms with the Asas, and the Oegisdrecka is thus rather a proof that at the time of the origin of the Norwegian mythology the marriage of brother and sister was not yet repulsive, at least not to the gods. In trying to excuse Wagner it might be better to quote Goethe instead of the Edda. This poet commits a similar error in his ballad of the god and the bajadere in regard to the religious surrender of women and approaches modern prostitution far too closely.

[13]There is no longer any doubt that the traces of unrestricted sexual intercourse, which Bachofen alleges to have found—called "incestuous generation" by him—are traceable to group marriage. If Bachofen considers those Punaluan marriages "lawless," a man of that period would look upon most of our present marriages between near and remote cousins on the father's or mother's side as incestuous, being marriages between consanguineous relatives.—Marx.

[14]The People of India.

[15]See translator's note, p. 55.

[16]Translator's note.According to Cunow, Kroki and Kumite are phratries. See "Die Verwandschaftsorganizationen der Australneger," by Heinrich Cunow. Stuttgart, Dietz Verlag, 1894.

[16]Translator's note.

According to Cunow, Kroki and Kumite are phratries. See "Die Verwandschaftsorganizationen der Australneger," by Heinrich Cunow. Stuttgart, Dietz Verlag, 1894.

[17]Translator's note.Heinrich Cunow has given us the results of his most recent investigations in his "Verwandschaftsorganisationen der Australneger." He sums up his studies in these words: "While Morgan and Fison regard the system of marriage classes as an original organization preceding the so-called Punaluan family, I have found that the class is indeed older than the gens, having its origin in the different strata of generations characteristic of the "consanguine family" of Morgan; but the present mode of classification in force among Kamilaroi, Kabi, Yuipera, etc., cannot have arisen until a much later time, when the gentile institution had already grown out of the horde. This system of classification does not represent the first timid steps of evolution; it is not the most primitive of any known forms of social organization, but an intermediate form that takes shape together with the gentile society, a stage of transition to a pure gentile organization. In this stage, the generic classification in strata of different ages belonging to the so-called consanguine family runs parallel for a while with the gentile order....It would have been easy for me to quote the testimony of travelers and ethnologists in support of the conclusions drawn by me from the forms of relationship among Australian negroes. But I purposely refrain from doing this, with a few exceptions, first because I do not wish to write a general history of the primitive family, and, secondly, because I consider all references of this kind as very doubtful testimony, unless they are accompanied by an analysis of the entire organization. We frequently find analogies to the institutions of a lower stage in a high stage, and yet they are founded on radically different premises and causes. The evolution of the Australian aborigines shows that. Among the Australians of the lower stage, e. g., the hordes are endogamous, among those of the middle stage they are exogamous, and in the higher stage they are again endogamous. But while in the one instance the marriage in the horde is conditioned on the fact that the more remote relatives are not yet excluded from sexual intercourse, it is founded in the other case on the difference between local and sexual organization. Furthermore, the marriage between daughter and father is permitted in the lower stage, and again in that higher stage, where the class organization of the Kamilaroi is on the verge of dissolution. But in both cases the circle of those who are regarded as fathers is entirely different. The character of an institution can only be perfectly understood, if we examine its connection with the entire organization, and, if possible, trace its metamorphoses in the preceding stages....The characteristic feature of the class system is that by the side of the gentile order, such as is found among the North American Indians, there is always another system of four marriage classes for the purpose of limiting sexual intercourse between certain groups of relatives. Neither the phratry nor the gens of the Kamilaroi forms a distinct territorial community. Their members are scattered among different roving hordes, and they only meet occasionally, e. g., to celebrate a feast or dance....The origin of gentile systems out of Punaluan groups has never been proven, while we see among the Australian negroes that the classes are clearly and irrefutably in existence among the first traces of gentilism....The class system in its original form is a conclusive proof of Morgan's theory, that the first step in the formation of systems of relationship consisted in prohibiting sexual intercourse between parents and children (in a wider sense)....It has been often disputed that the Punaluan family ever existed outside of the Sandwich Islands. But the marriage institutions of certain Australian tribes named by me prove the contrary. The Pirrauru of the Dieyerie is absolutely identical with the Punalua of the Hawaiians; and these institutions were not described by travelers who rushed through the territories of those tribes without knowing their language, but by men who lived among them for decades and fully mastered their dialects....I have shown how far the class system corresponds to the Hawaiian system. It is and remains a fact, that it contains a long series of terms that cannot be explained by the relations in the so-called consanguine family, and the use of which creates confusion, if applied to this family. But that simply shows that Morgan was mistaken about the age and present structure of the Hawaiian system. It does not prove that it could not have grown on the basis assumed by him....If the opponents of Morgan dispute that the so-called consanguine family is based on blood kinship, they are right, unless we wish to assign an exceptional position to the Australian strata of generations. But if they go further and declare that the subsequent restrictions of inbreeding and the gentile order have arisen independently of relationships, they commit a far greater mistake than Morgan. They block their way to an understanding of subsequent organizations and force themselves to all sorts of queer assumptions that at once appear as the fruits of imagination, when compared with the actual institutions of primitive peoples.This explanation of the phases of development of family institutions contradicts present day views on the matter. Since the scientific investigations of the last decade have demonstrated beyond doubt that the so-called patriarchal family was preceded by the matriarchal family, it has become the custom to regard descent by females as a natural institution belonging to the very first stages of development which is explained by the modes of existence and thought among savages. Paternity being a matter of speculation, maternity of actual observation, it is supposed to follow that descent by females was always recognized. But the development of the Australian systems of relationship shows that this is not true, at least not in regard to Australians. The fact cannot be disputed away, that we find female lineage among all those higher developed tribes that have progressed to the formation of gentile organizations, but male lineage among all those that have no gentile organizations or where these are only in process of formation. Not a single tribe has been discovered so far, where female lineage was not combined with gentile organization, and I doubt that any will ever be found."

[17]Translator's note.

Heinrich Cunow has given us the results of his most recent investigations in his "Verwandschaftsorganisationen der Australneger." He sums up his studies in these words: "While Morgan and Fison regard the system of marriage classes as an original organization preceding the so-called Punaluan family, I have found that the class is indeed older than the gens, having its origin in the different strata of generations characteristic of the "consanguine family" of Morgan; but the present mode of classification in force among Kamilaroi, Kabi, Yuipera, etc., cannot have arisen until a much later time, when the gentile institution had already grown out of the horde. This system of classification does not represent the first timid steps of evolution; it is not the most primitive of any known forms of social organization, but an intermediate form that takes shape together with the gentile society, a stage of transition to a pure gentile organization. In this stage, the generic classification in strata of different ages belonging to the so-called consanguine family runs parallel for a while with the gentile order....

It would have been easy for me to quote the testimony of travelers and ethnologists in support of the conclusions drawn by me from the forms of relationship among Australian negroes. But I purposely refrain from doing this, with a few exceptions, first because I do not wish to write a general history of the primitive family, and, secondly, because I consider all references of this kind as very doubtful testimony, unless they are accompanied by an analysis of the entire organization. We frequently find analogies to the institutions of a lower stage in a high stage, and yet they are founded on radically different premises and causes. The evolution of the Australian aborigines shows that. Among the Australians of the lower stage, e. g., the hordes are endogamous, among those of the middle stage they are exogamous, and in the higher stage they are again endogamous. But while in the one instance the marriage in the horde is conditioned on the fact that the more remote relatives are not yet excluded from sexual intercourse, it is founded in the other case on the difference between local and sexual organization. Furthermore, the marriage between daughter and father is permitted in the lower stage, and again in that higher stage, where the class organization of the Kamilaroi is on the verge of dissolution. But in both cases the circle of those who are regarded as fathers is entirely different. The character of an institution can only be perfectly understood, if we examine its connection with the entire organization, and, if possible, trace its metamorphoses in the preceding stages....

The characteristic feature of the class system is that by the side of the gentile order, such as is found among the North American Indians, there is always another system of four marriage classes for the purpose of limiting sexual intercourse between certain groups of relatives. Neither the phratry nor the gens of the Kamilaroi forms a distinct territorial community. Their members are scattered among different roving hordes, and they only meet occasionally, e. g., to celebrate a feast or dance....

The origin of gentile systems out of Punaluan groups has never been proven, while we see among the Australian negroes that the classes are clearly and irrefutably in existence among the first traces of gentilism....

The class system in its original form is a conclusive proof of Morgan's theory, that the first step in the formation of systems of relationship consisted in prohibiting sexual intercourse between parents and children (in a wider sense)....

It has been often disputed that the Punaluan family ever existed outside of the Sandwich Islands. But the marriage institutions of certain Australian tribes named by me prove the contrary. The Pirrauru of the Dieyerie is absolutely identical with the Punalua of the Hawaiians; and these institutions were not described by travelers who rushed through the territories of those tribes without knowing their language, but by men who lived among them for decades and fully mastered their dialects....

I have shown how far the class system corresponds to the Hawaiian system. It is and remains a fact, that it contains a long series of terms that cannot be explained by the relations in the so-called consanguine family, and the use of which creates confusion, if applied to this family. But that simply shows that Morgan was mistaken about the age and present structure of the Hawaiian system. It does not prove that it could not have grown on the basis assumed by him....

If the opponents of Morgan dispute that the so-called consanguine family is based on blood kinship, they are right, unless we wish to assign an exceptional position to the Australian strata of generations. But if they go further and declare that the subsequent restrictions of inbreeding and the gentile order have arisen independently of relationships, they commit a far greater mistake than Morgan. They block their way to an understanding of subsequent organizations and force themselves to all sorts of queer assumptions that at once appear as the fruits of imagination, when compared with the actual institutions of primitive peoples.

This explanation of the phases of development of family institutions contradicts present day views on the matter. Since the scientific investigations of the last decade have demonstrated beyond doubt that the so-called patriarchal family was preceded by the matriarchal family, it has become the custom to regard descent by females as a natural institution belonging to the very first stages of development which is explained by the modes of existence and thought among savages. Paternity being a matter of speculation, maternity of actual observation, it is supposed to follow that descent by females was always recognized. But the development of the Australian systems of relationship shows that this is not true, at least not in regard to Australians. The fact cannot be disputed away, that we find female lineage among all those higher developed tribes that have progressed to the formation of gentile organizations, but male lineage among all those that have no gentile organizations or where these are only in process of formation. Not a single tribe has been discovered so far, where female lineage was not combined with gentile organization, and I doubt that any will ever be found."

[18]The History of Human Marriage, p. 28-29.

[19]Mutterrecht, p. xix.

[20]A Journey in Brazil. Boston and New York, 1886. Page 266.

[21]Bancroft, Native Races, I., 81.

[22]Ibidem, p. 584.

[23]Morgan, Ancient Society, p. 504.

We now come to another discovery of Morgan that is at least as important as the reconstruction of the primeval form of the family from the systems of kinship. It is the proof that the sex organizations within the tribe of North American Indians, designated by animal names, are essentially identical with the genea of the Greeks and the gentes of the Romans; that the American form is the original from which the Greek and Roman forms were later derived; that the whole organization of Greek and Roman society during primeval times in gens, phratry and tribe finds its faithful parallel in that of the American Indians; that the gens is an institution common to all barbarians up to the time of civilization—at least so far as our present sources of information reach. This demonstration has cleared at a single stroke the most difficult passages of remotest ancient Greek and Roman history. At the same time it has given us unexpected information concerning the fundamental outlines of the constitution of society in primeval times—before the introduction of the state. Simple as the matter is after we have once found it out, still it was only lately discovered by Morgan. In his work of 1871 he had not yet unearthed this mystery. Its revelation has completely silenced for the time being those generally so overconfident English authorities on primeval history.

The Latin word gens, used by Morgan generally for the designation of this sex organization, is derived,like the equivalent Greek word genos, from the common Aryan root gan, signifying to beget. Gens, genos, Sanskrit dschanas, Gothic kuni, ancient Norse and Anglesaxon kyn, English kin, Middle High German künne, all signify lineage, descent. Gens in Latin, genos in Greek, specially designate that sex organization which boasted of common descent (from a common sire) and was united into a separate community by certain social and religious institutions, but the origin and nature of which nevertheless remained obscure to all our historians.

Elsewhere, in speaking of the Punaluan family, we saw how the gens was constituted in its original form. It consisted of all individuals who by means of the Punaluan marriage and in conformity with the conceptions necessarily arising in it made up the recognized offspring of a certain ancestral mother, the founder of that gens. Since fatherhood is uncertain in this form of the family, female lineage is alone valid. And as brothers must not marry their sisters, but only women of foreign descent, the children bred from these foreign women do not belong to the gens, according to maternal law. Hence only the offspring of the daughters of every generation remain in the same sex organization. The descendants of the sons are transferred to the gentes of the new mothers. What becomes of this group of kinship when it constitutes itself a separate group, distinct from similar groups in the same tribe?

As the classical form of this original gens Morgan selects that of the Iroquois, more especially that of the Seneca tribe. This tribe has eight gentes named after animals: 1. Wolf. 2. Bear. 3. Turtle. 4. Beaver. 5. Deer. 6. Snipe. 7. Heron. 8. Hawk. Every gens observes the following customs:

1. The gens elects its sachem (official head during peace) and its chief (leader in war). The sachemmust be selected within the gens and his office was in a sense hereditary. It had to be filled immediately after a vacancy occurred. The chief could be selected outside of the gens, and his office could even be temporarily vacant. The son never followed his father in the office of sachem, because the Iroquois observed maternal law, in consequence of which the son belonged to another gens. But the brother or the son of a sister was often elected as a successor. Men and women both voted in elections. The election, however, had to be confirmed by the other seven gentes, and then only the sachem-elect was solemnly invested, by the common council of the whole Iroquois federation. The significance of this will be seen later. The power of the sachem within the tribe was of a paternal, purely moral nature. He had no means of coercion at his command. He was besides by virtue of his office a member of the tribal council of the Senecas and of the federal council of the whole Iroquois nation. The Chief had the right to command only in times of war.

2. The gens can retire the sachem and the chief at will. This again is done by men and women jointly. The retired men are considered simple warriors and private persons like all others. The tribal council, by the way, can also retire the sachems, even against the will of the tribe.

3. No member is permitted to marry within the gens. This is the fundamental rule of the gens, the tie that holds it together. It is the negative expression of the very positive blood relationship, by virtue of which the individuals belonging to it become a gens. By the discovery of this simple fact Morgan for the first time revealed the nature of the gens. How little the gens had been understood before him is proven by former reports on savages and barbarians, in which the different organizations of whichthe gentile order is composed are jumbled together without understanding and distinction as tribe, clan, thum, etc. Sometimes it is stated that intermarrying within these organizations is forbidden. This gave rise to the hopeless confusion, in which McLennan could pose as Napoleon and establish order by the decree: All tribes are divided into those that forbid intermarrying (exogamous) and those that permit it (endogamous). And after he had thus made confusion worse confounded, he could indulge in deep meditations which of his two preposterous classes was the older: exogamy or endogamy. By the discovery of the gens founded on affinity of blood and the resulting impossibility of its members to intermarry, this nonsense found a natural end. It is self understood that the marriage interdict within the gens was strictly observed at the stage in which we find the Iroquois.

4. The property of deceased members fell to the share of the other gentiles; it had to remain in the gens. In view of the insignificance of the objects an Iroquois could leave behind, the nearest gentile relations divided the heritage. Was the deceased a man, then his natural brothers, sisters and the brothers of the mother shared in his property. Was it a woman, then her children and natural sisters shared, but not her brothers. For this reason husband and wife could not inherit from one another, nor the children from the father.

5. The gentile members owed to each other help, protection and especially assistance in revenging injury inflicted by strangers. The individual relied for his protection on the gens and could be assured of it. Whoever injured the individual, injured the whole gens. From this blood kinship arose the obligation to blood revenge that was unconditionally recognized by the Iroquois. If a stranger killed a gentilemember, the whole gens of the slain man was pledged to revenge his death. First mediation was tried. The gens of the slayer deliberated and offered to the gentile council of the slain propositions for atonement, consisting generally in expressions of regret and presents of considerable value. If these were accepted, the matter was settled. In the opposite case the injured gens appointed one or more avengers who were obliged to pursue the slayer and to kill him. If they succeeded, the gens of the slayer had no right to complain. The account was squared.

6. The gens had certain distinct names or series of names, which no other gens in the whole tribe could use, so that the name of the individual indicated to what gens he belonged. A gentile name at the same time bestowed gentile rights.

7. The gens may adopt strangers who thereby are adopted into the whole tribe. The prisoners of war who were not killed became by adoption into a gens tribal members of the Senecas and thus received full gentile and tribal rights. The adoption took place on the motion of some gentile members, of men who accepted the stranger as a brother or sister, of women who accepted him as a child. The solemn introduction into the gens was necessary to confirm the adoption. Frequently certain gentes that had shrunk exceptionally were thus strengthened by mass adoptions from another gens with the consent of the latter. Among the Iroquois the solemn introduction into the gens took place in a public meeting of the tribal council, whereby it actually became a religious ceremony.

The existence of special religious celebrations among Indian gentes can hardly be demonstrated. But the religious rites of the Indians are more or less connected with the gens. At the six annual religious festivals of the Iroquois the sachems and chiefs ofthe different gentes were added to the "Keepers of the Faith" and had the functions of priests.

9. The gens had a common burial place. Among the Iroquois of the State of New York, who are crowded by white men all around them, the burial place has disappeared, but it existed formerly. Among other Indians it is still in existence, e. g., among the Tuscaroras, near relatives of the Iroquois, where every gens has a row by itself in the burial place, although they are Christians. The mother is buried in the same row as her children, but not the father. And among the Iroquois the whole gens of the deceased attends the funeral, prepares the grave and provides the addresses, etc.

10. The gens had a council, the democratic assembly of all male and female gentiles of adult age, all with equal suffrage. This council elected and deposed its sachems and chiefs; likewise the other "Keepers of the Faith." It deliberated on gifts of atonement or blood revenge for murdered gentiles and it adopted strangers into the gens. In short, it was the sovereign power in the gens.

The following are the rights and privileges of the typical Indian gens, according to Morgan: "All the members of an Iroquois gens were personally free, and they were bound to defend each other's freedom; they were equal in privileges and in personal rights, the sachems and chiefs claiming no superiority; and they were a brotherhood bound together by ties of kin. Liberty, equality and fraternity, though never formulated, were cardinal principles of the gens. These facts are material, because the gens was the unit of a social and governmental system, the foundation upon which Indian society was organized. A structure composed of such units would of necessity bear the impress of their character, for as the unit, so the compound. It serves to explain that senseof independence and personal dignity universally an attribute of Indian character."

At the time of the discovery the Indians of entire North America were organized in gentes by maternal law. Only "in some tribes, as among the Dakotas, the gentes had fallen out; in others as among the Ojibwas, the Omahas and the Mayas of Yucatan, descent had been changed from the female to the male line."

Among many Indian tribes with more than five or six gentes we find three, four or more gentes united into a separate group, called phratry by Morgan in accurate translation of the Indian name by its Greek equivalent. Thus the Senecas have two phratries, the first comprising gentes one to four, the second gentes five to eight. Closer investigation shows that these phratries generally represent the original gentes that formed the tribe in the beginning. For the marriage interdict necessitated the existence of at least two gentes in a tribe in order to realize its separate existence. As the tribe increased, every gens segmented into two or more new gentes, while the original gens comprising all the daughter gentes, lived on in the phratry. Among the Senecas and most of the other Indians "the gentes in the same phratry are brother gentes to each other, and cousin gentes to those of the other phratry"—terms that have a very real and expressive meaning in the American system of kinship, as we have seen. Originally no Seneca was allowed to marry within his phratry, but this custom has long become obsolete and is now confined to the gens. According to the tradition among the Senecas, the bear and the deer were the two original gentes, from which the others were formed by segmentation. After this new institution had become well established it was modified according to circumstances. If certain gentes became extinct, itsometimes happened that by mutual consent the members of one gens were transferred in a body from other phratries. Hence we find the gentes of the same name differently grouped in the phratries of the different tribes.

"The phratry, among the Iroquois, was partly for social and partly for religious objects." 1. In the ball game one phratry plays against another. Each one sends its best players, the other members, upon different sides of the field, watch the game and bet against one another on the result. 2. In the tribal council the sachems and chiefs of each phratry are seated opposite one another, every speaker addressing the representatives of each phratry as separate bodies. 3. When a murder had been committed in the tribe, the slayer and the slain belonging to different phratries, the injured gens often appealed to its brother gentes. These held a phratry council which in a body addressed itself to the other phratry, in order to prevail on the latter to assemble in council and effect a condonation of the matter. In this case the phratry re-appears in its original gentile capacity, and with a better prospect of success than the weaker gens, its daughter. 4. At the funeral of prominent persons the opposite phratry prepared the interment and the burial rites, while the phratry of the deceased attended the funeral as mourners. If a sachem died, the opposite phratry notified the central council of the Iroquois that the office of the deceased had become vacant. 5. In electing a sachem the phratry council also came into action. Endorsement by the brother gentes was generally considered a matter of fact, but the gentes of the other phratry might oppose. In such a case the council of this phratry met, and if it maintained its opposition, the election was null and void. 6. Formerly the Iroquois had specialreligious mysteries, called medicine lodges by the white men. These mysteries were celebrated among the Senecas by two religious societies that had a special form of initiation for new members; each phratry was represented by one of these societies. 7. If, as is almost certain, the four lineages occupying the four quarters of Tlascalá at the time of the conquest were four phratries, then it is proved that the phratries were at the same time military units, as were the Greek phratries and similar sex organizations of the Germans. Each of these four lineages went into battle as a separate group with its special uniform and flag and its own leader.

Just as several genres form a phratry so in the classical form several phratries form a tribe. In some cases the middle group, the phratry, is missing in strongly decimated tribes.

What constitutes an Indian tribe in America? 1. A distinct territory and a distinct name. Every tribe had a considerable hunting and fishing ground beside the place of its actual settlement. Beyond this territory there was a wide neutral strip of land reaching over to the boundaries of the next tribe; a smaller strip between tribes of related languages, a larger between tribes of foreign languages. This corresponds to the boundary forest of the Germans, the desert created by Caesar's Suevi around their territory, the isârnholt (Danish jarnved, Latin limei Danicus) between Danes and Germans, the sachsen wald (Saxon forest) and the Slavish branibor between Slavs and Germans giving the province of Brandenburg its name. The territory thus surrounded by neutral ground was the collective property of a certain tribe, recognized as such by other tribes and defended against the invasion of others. The disadvantage of undefined boundaries became ofpractical importance only after the population had increased considerably.

The tribal names generally seem to be more the result of chance than of intentional selection. In course of time it frequently happened that a tribe designated a neighboring tribe by another name than that chosen by itself. In this manner the Germans received their first historical name from the Celts.

2. A distinct dialect peculiar to this tribe. As a matter of fact the tribe and the dialect are co-extensive. In America, the formation of new tribes and dialects by segmentation was in progress until quite recently, and doubtless it is still going on. Where two weak tribes amalgamated into one, there it exceptionally happened that two closely related dialects were simultaneously spoken in the same tribe. The average strength of American tribes is less than 2,000 members. The Cherokees, however, number about 26,000, the greatest number of Indians in the United States speaking the same dialect.

3. The right to solemnly invest the sachems and chiefs elected by the gentes, and

4. The right to depose them, even against the will of the gens. As these sachems and chiefs are members of the tribal council, these rights of the tribe explain themselves. Where a league of tribes had been formed and all the tribes were represented in a feudal council, the latter exercised these rights.

5. The possession of common religious conceptions (mythology) and rites. "After the fashion of barbarians the American Indians were a religious people." Their mythology has not yet been critically investigated. They materialized their religious conceptions—spirits of all sorts—in human shapes, but the lower stage of barbarism in which they lived, knows nothing as yet of so-called idols. It is a cult of nature and of the elements, in process of evolutionto pantheism. The different tribes had regular festivals with prescribed forms of worship, mainly dances and games. Especially dancing was an essential part of all religious celebrations. Every tribe celebrated by itself.

6. A tribal council for public affairs. It was composed of all the sachems and chiefs of the different gentes, real representatives because they could be deposed at any moment. It deliberated in public, surrounded by the rest of the tribal members, who had a right to take part in the discussions and claim attention. The council decided. As a rule any one present gained a hearing on his demand. The women could also present their views by a speaker of their choice. Among the Iroquois the final resolution had to be passed unanimously, as was also the case in some resolutions of German mark (border) communities. It was the special duty of the tribal council to regulate the relations with foreign tribes. The council received and despatched legations, declared war and made peace. War was carried on principally by volunteers. "Theoretically, each tribe was at war with every other tribe with which it had not formed a treaty of peace."

Expeditions against such enemies were generally organized by certain prominent warriors. They started a war dance, and whoever took part in it thereby declared his intention to join the expedition. Ranks were formed and the march began immediately. The defense of the attacked tribal territory was also generally carried on by volunteers. The exodus and the return of such columns was always the occasion of public festivities. The consent of the tribal council for such expeditions was not required, and was neither asked nor given. This corresponds to the private war expeditions of German followers described by Tacitus. Only these Germangroups of followers had already assumed a more permanent character, forming a standing center organized during peace, around which the other volunteers gathered in case of war. Such war columns were rarely strong in numbers. The most important expeditions of the Indians, even for long distances, were undertaken by insignificant forces. If more than one group joined for a great expedition, every group obeyed its own leader. The uniformity of the campaign plan was secured as well as possible by a council of these leaders. This is the mode of warfare among the Allemani in the fourth century on the Upper Rhine, as described by Ammianus Marcellinus.

7. In some tribes we find a head chief, whose power, however, is limited. He is one of the sachems who has to take provisional measures in cases requiring immediate action, until the council can assemble and decide. He represents a feeble, but generally undeveloped prototype of an official with executive power. The latter, as we shall see, developed in most cases out of the highest war chief.

The great majority of American Indians did not go beyond the league of tribes. With a few tribes of small membership, separated by wide boundary tracts, weakened by unceasing warfare, they occupied an immense territory. Leagues were now and then formed by kindred tribes as the result of momentary necessity and dissolved again under more favorable conditions. But in certain districts, tribes of the same kin had again found their way out of disbandment into permanent federations, making the first step towards the formation of nations. In the United States we find the highest form of such a league among the Iroquois. Emigrating from their settlements west of the Mississippi, where they probably formed a branch of the great Dakota family, they settled at last after long wanderings in thepresent State of New York. They had five tribes: Senecas, Cayugas, Onondagas, Oneidas and Mohawks. They lived on fish, venison, and the products of rough gardening, inhabiting villages protected by stockades. Their number never exceeded 20,000, and certain gentes were common to all five tribes. They spoke closely related dialects of the same language and occupied territories contiguous to one another. As this land was won by conquest, it was natural for these tribes to stand together against the expelled former inhabitants. This led, not later than the beginning of the fifteenth century, to a regular "eternal league," a sworn alliance that immediately assumed an aggressive character, relying on its newly won strength. About 1675, at the summit of its power, it had conquered large districts round about and partly expelled the inhabitants, partly made them tributary. The Iroquois League represented the most advanced social organization attained by Indians that had not passed the lower stage of barbarism. This excludes only the Mexicans, New Mexicans and Peruvians.

The fundamental provisions of the league were:

1. Eternal federation of the five consanguineous tribes on the basis of perfect equality and independence in all internal tribal matters. This consanguinity formed the true fundament of the league. Three of these tribes, called father tribes, were brothers to one another; the other two, also mutual brothers, were called son tribes. The three oldest gentes were represented by living members in all five tribes, and these members were all regarded as brothers. Three other gentes were still alive in three tribes, and all of their members called one another brothers. The common language, only modified by variations of dialect, was the expression and proof of their common descent.

2. The official organ of the league was a federal council of fifty sachems, all equal in rank and prominence. This council had the supreme decision in all federal matters.

3. On founding this league the fifty sachems had been assigned to the different tribes and gentes as holders of new offices created especially for federal purposes. Vacancies were filled by new elections in the gens, and the holders of these offices could be deposed at will. But the right of installation belonged to the federal council.

4. These federal sachems were at the same time sachems of their tribe and had a seat and a vote in the tribal council.

5. All decisions of the federal council had to be unanimous.

6. The votes were cast by tribes, so that every tribe and the council members of each tribe had to vote together in order to adopt a final resolution.

7. Any one of the five tribes could convoke the federal council, but the council could not convene itself.

8. Federal meetings were held publicly in the presence of the assembled people. Every Iroquois could have the word, but the final decision rested with the council.

9. The league had no official head, no executive chief.

10. It had, however, two high chiefs of war, both with equal functions and power (the two "kings" of Sparta, the two consuls of Rome).

This was the whole constitution, under which the Iroquois lived over four hundred years and still live. I have described it more fully after Morgan, because we have here an opportunity for studying the organization of a society that does not yet know a state. The state presupposes a public power of coërcionseparated from the aggregate body of its members. Maurer, with correct intuition, recognized the constitution of the German Mark as a purely social institution, essentially different from that of a state, though furnishing the fundament on which a state constitution could be erected later on. Hence in all of his writings, he traced the gradual rise of the public power of coërcion from and by the side of primordial constitutions of marks, villages, farms and towns. The North American Indians show how an originally united tribe gradually spreads over an immense continent; how tribes by segmentation become nations, whole groups of tribes; how languages change so that they not only become unintelligible to one another, but also lose every trace of former unity; how at the same time one gens splits up into several gentes, how the old mother gentes are preserved in the phratries and how the names of these oldest gentes still remain the same in widely distant and long separated tribes. Wolf and bear still are gentile names in a majority of all Indian tribes. And the above named constitution is essentially applicable to all of them, except that many did not reach the point of forming leagues of related tribes.

But once the gens was given as a social unit, we also see how the whole constitution of gentes, phratries and tribes developed with almost unavoidable necessity—because naturally—from the gens. All three of them are groups of differentiated consanguine relations. Each is complete in itself, arranges its own local affairs and supplements the other groups. And the cycle of functions performed by them includes the aggregate of the public affairs of men in the lower stage of barbarism.

Wherever we find the gens as the social unit of a nation, we are justified in searching for a tribal organization similar to the one described above. Andwhenever sufficient material is at hand, as in Greek and Roman history, there we shall not only find such an organization, but we may also be assured, that the comparison with the American sex organizations will assist us in solving the most perplexing doubts and riddles in places where the material forsakes us.

How wonderful this gentile constitution is in all its natural simplicity! No soldiers, gendarmes and policemen, no nobility, kings, regents, prefects or judges, no prisons, no lawsuits, and still affairs run smoothly. All quarrels and disputes are settled by the entire community involved in them, either the gens or the tribe or the various gentes among themselves. Only in very rare cases the blood revenge is threatened as an extreme measure. Our capital punishment is simply a civilized form of it, afflicted with all the advantages and drawbacks of civilization. Not a vestige of our cumbersome and intricate system of administration is needed, although there are more public affairs to be settled than nowadays: the communistic household is shared by a number of families, the land belongs to the tribe, only the gardens are temporarily assigned to the households. The parties involved in a question settle it and in most cases the hundred-year-old traditions have settled everything beforehand. There cannot be any poor and destitute—the communistic households and the gentes know their duties toward the aged, sick and disabled. All are free and equal—the women included. There is no room yet for slaves, nor for the subjugation of foreign tribes. When about 1651 the Iroquois had vanquished the Eries and the "Neutral Nation," they offered to adopt them into the league on equal terms. Only when the vanquished declined this offer they were driven out of their territory.

What splendid men and women were produced by such a society! All the white men who came intocontact with unspoiled Indians admired the personal dignity, straightforwardness, strength of character and bravery of these barbarians.

We lately received proofs of such bravery in Africa. A few years ago the Zulus, and some months ago the Nubians, both of which tribes still retain the gentile organization, did what no European army can do. Armed only with lances and spears, without any firearms, they advanced under a hail of bullets from breechloaders up to the bayonets of the English infantry—the best of the world for fighting in closed ranks—and threw them into confusion more than once, yea, even forced them to retreat in spite of the immense disparity of weapons, and in spite of the fact that they have no military service and don't know anything about drill. How enduring and able they are, is proved by the complaints of the English who admit that a Kaffir can cover a longer distance in twenty-four hours than a horse. The smallest muscle springs forth, hard and tough like a whiplash, says an English painter.

Such was human society and its members, before the division into classes had taken place. And a comparison of that social condition with the condition of the overwhelming majority of present day society shows the enormous chasm that separates our proletarian and small farmer from the free gentile of old.

That is one side of the question. We must not overlook, however, that this organization was doomed. It did not pass beyond the tribe. The league of tribes marked the beginning of its downfall, as we shall see, and as the attempts of the Iroquois at subjugating others showed. Whatever went beyond the tribe, went outside of gentilism. Where no direct peace treaty existed, there war reigned from tribe to tribe. And this war was carried on with the particular crueltythat distinguishes man from other animals, and that was modified later on simply by self-interest.

The gentile constitution in its most flourishing time, such as we saw it in America, presupposed a very undeveloped state of production, hence a population thinly scattered over a wide area. Man was almost completely dominated by nature, a strange and incomprehensible riddle to him. His simple religious conceptions clearly reflect this. The tribe remained the boundary line for man, as well in regard to himself as to strangers outside. The gens, the tribe and their institutions were holy and inviolate. They were a superior power instituted by nature, and the feelings, thoughts and actions of the individual remained unconditionally subject to them. Commanding as the people of this epoch appear to us, nothing distinguishes one from another. They are still attached, as Marx has it, to the navel string of the primordial community.

The power of these natural and spontaneous communities had to be broken, and it was. But it was done by influences that from the very beginning bear the mark of degradation, of a downfall from the simple moral grandeur of the old gentile society. The new system of classes is inaugurated by the meanest impulses: vulgar covetousness, brutal lust, sordid avarice, selfish robbery of common wealth. The old gentile society without classes is undermined and brought to fall by the most contemptible means: theft, violence, cunning, treason. And during all the thousands of years of its existence, the new society has never been anything else but the development of the small minority at the expense of the exploited and oppressed majority. More than ever this is true at present.

Greeks, Pelasgians and other nations of the same tribal origin were constituted since prehistoric times on the same systematic plan as the Americans: gens, phratry, tribe, league of tribes. The phratry might be missing, as e. g. among the Dorians; the league of tribes might not be fully developed in every case; but the gens was everywhere the unit. At the time of their entrance into history, the Greeks were on the threshold of civilization. Two full periods of evolution are stretching between the Greeks and the above named American tribes. The Greeks of the heroic age are by so much ahead of the Iroquois. For this reason the Grecian gens no longer retains the archaic character of the Iroquois gens. The stamp of group marriage is becoming rather blurred. Maternal law had given way to paternal lineage. Rising private property had thus made its first opening in the gentile constitution. A second opening naturally followed the first: Paternal law being now in force, the fortune of a wealthy heiress would have fallen to her husband in the case of her marriage. That would have meant the transfer of her wealth from her own gens to that of her husband. In order to avoid this, the fundament of gentile law was shattered. In such a case, the girl was not only permitted, but obliged to intermarry within the gens, in order to retain the wealth in the latter.

According to Grote's History of Greece, the gens of Attica was held together by the following bonds:

1. Common religious rites and priests installedexclusively in honor of a certain divinity, the alleged gentile ancestor, who was designated by a special by-name in this capacity.

2. A common burial ground. (See Demosthenes' Eubulides.)

3. Right of mutual inheritance.

4. Obligation to mutually help, protect and assist one another in case of violence.

5. Mutual right and duty to intermarry in the gens in certain cases, especially for orphaned girls or heiresses.

6. Possession of common property, at least in some cases, and an archon (supervisor) and treasurer elected for this special case.

The phratry united several gentes, but rather loosely. Still we find in it similar rights and duties, especially common religious rites and the right of avenging the death of a phrator. Again, all the phratries of a tribe had certain religious festivals in common that recurred at regular intervals and were celebrated under the guidance of a phylobasileus (tribal head) selected from the ranks of the nobles (eupatrides).

So far Grote. And Marx adds: "The savage (e. g. the Iroquois) is still plainly visible in the Grecian gens." On further investigation we find additional proofs of this. For the Grecian gens has also the following attributes:

7. Paternal Lineage.

8. Prohibition of intermarrying in the gens except in the case of heiresses. This exception formulated as a law clearly proves the validity of the old rule. This is further substantiated by the universally accepted custom that a woman in marrying renounced the religious rites of her gens and accepted those of her husband's gens. She was also registered in his phratry. According to this custom and to a famous quotation in Dikaearchos, marriage outside of the genswas the rule. Becker in "Charikles" directly assumes that nobody was permitted to intermarry in the gens.

9. The right to adopt strangers in the gens. It was exercised by adoption into the family under public formalities; but it was used sparingly.

10. The right to elect and depose the archons. We know that every gens had its archon. As to the heredity of the office, there is no reliable information. Until the end of barbarism, the probability is always against strict heredity. For it is absolutely incompatible with conditions where rich and poor had perfectly equal rights in the gens.

Not alone Grote, but also Niebuhr, Mommsen and all other historians of classical antiquity, were foiled by the gens. Though they chronicled many of its distinguishing marks correctly, still they always regarded it as a group of families and thus prevented their understanding the nature and origin of gentes. Under the gentile constitution, the family never was a unit of organization, nor could it be so, because man and wife necessarily belonged to two different gentes. The gens was wholly comprised in the phratry, the phratry in the tribe. But the family belonged half to the gens of the man, and half to that of the woman. Nor does the state recognize the family in public law. To this day, the family has only a place in private law. Yet all historical records take their departure from the absurd supposition, which was considered almost inviolate during the eighteenth century, that the monogamous family, an institution scarcely older than civilization, is the nucleus around which society and state gradually crystallized.

"Mr. Grote will also please note," throws in Marx, "that the gentes, which the Greeks traced to their mythologies, are older than the mythologies. The latter together with their gods and demi-gods were created by the gentes."

Grote is quoted with preference by Morgan as a prominent and quite trustworthy witness. He relates that every Attic gens had a name derived from its alleged ancestor; that before Solon's time, and even after, it was customary for the gentiles (gennêtes) to inherit the fortunes of their intestate deceased; and that in case of murder first the relatives of the victim had the duty and the right to prosecute the criminal, after them the gentiles and finally the phrators. "Whatever we may learn about the oldest Attic laws is founded on the organization in gentes and phratries."

The descent of the gentes from common ancestors has caused the "schoolbred philistines," as Marx has it, much worry. Representing this descent as purely mythical, they are at a loss to explain how the gentes developed out of independent and wholly unrelated families. But this explanation must be given, if they wish to explain the existence of the gentes. They then turn around in a circle of meaningless gibberish and do not get beyond the phrase: the pedigree is indeed a fable, but the gens is a reality. Grote finally winds up—the parenthetical remarks are by Marx: "We rarely hear about this pedigree, because it is used in public only on certain very festive occasions. But the less prominent gentes had their common religious rites (very peculiar, Mr. Grote!) and their common superhuman ancestor and pedigree just like the more prominent gentes (how very peculiar this, Mr. Grote, in less prominent gentes!); and the ground plan and the ideal fundament (my dear sir! Not ideal, but carnal, anglice "fleshly") was the same in all of them."

Marx sums up Morgan's reply to this as follows: "The system of consanguinity corresponding to the archaic form of the gens—which the Greeks once possessed like other mortals—preserved the knowledge of the mutual relation of all members of the gens.They learned this important fact by practice from early childhood. With the advent of the monogamous family this was gradually forgotten. The gentile name created a pedigree by the side of which that of the monogamous family seemed insignificant. This name had now the function of preserving the memory of the common descent of its bearers. But the pedigree of the gens went so far back that the gentiles could no longer actually ascertain their mutual kinship, except in a limited number of more recent common ancestors. The name itself was the proof of a common descent and sufficed always except in cases of adoption. To actually dispute all kinship between gentiles after the manner of Grote and Niebuhr, who thus transform the gens into a purely hypothetical and fictitious creation of the brain, is indeed worthy of "ideal" scientists, that is book worms. Because the relation of the generations, especially on the advent of monogamy, is removed to the far distance, and the reality of the past seems reflected in phantastic imaginations, therefore the brave old philistines concluded and conclude that the imaginary pedigree created real gentes!"

The phratry was, as among the Americans, a mother-gens comprising several daughter gentes, and often traced them all to the same ancestor. According to Grote "all contemporaneous members of the phratry of Hekataeos were descendants in the sixteenth degree of one and the same divine ancestor." All the gentes of this phratry were therefore literally brother gentes. The phratry is mentioned by Homer as a military unit in that famous passage where Nestor advises Agamemnon: "Arrange the men by phratries and tribes so that phratry may assist phratry, and tribe the tribe." The phratry has the right and the duty to prosecute the death of a phrator, hence in former times the duty of blood revenge. It has,furthermore, common religious rites and festivals. As a matter of fact, the development of the entire Grecian mythology from the traditional old Aryan cult of nature was essentially due to the gentes and phratries and took place within them. The phratry had an official head (phratriarchos) and also, according to De Coulanges, meetings and binding resolutions, a jurisdiction and administration. Even the state of a later period, while ignoring the gens, left certain public functions to the phratry.

The tribe consisted of several kindred phratries. In Attica there were four tribes of three phratries each; the number of gentes in each phratry was thirty. Such an accurate division of groups reveals the fact of a conscious and well-planned interference with the natural order. How, when and why this was done is not disclosed by Grecian history. The historical memory of the Greeks themselves does not reach beyond the heroic age.

Closely packed in a comparatively small territory as the Greeks were, their dialectic differences were less conspicuous than those developed in the wide American forests. Yet even here we find only tribes of the same main dialect united in a larger organization. Little Attica had its own dialect which later on became the prevailing language in Grecian prose.

In the epics of Homer we generally find the Greek tribes combined into small nations, but so that their gentes, phratries and tribes retained their full independence. They already lived in towns fortified by walls. The population increased with the growth of the herds, with agriculture and the beginnings of the handicrafts. At the same time the differences in wealth became more marked and gave rise to an aristocratic element within the old primordial democracy. The individual little nations carried on an unceasing warfare for the possession of the best land and alsofor the sake of looting. Slavery of the prisoners of war was already well established.

The constitution of these tribes and nations was as follows:

1. A permanent authority was the council (bule), originally composed of the gentile archons, but later on, when their number became too great, recruited by selection in such a way that the aristocratic element was developed and strengthened. Dionysios openly speaks of the council at the time of the heroes as being composed of nobles (kratistoi). The council had the final decision in all important matters. In Aeschylos, e. g. the council of Thebes decides that the body of Eteokles be buried with full honors, the body of Polynikes, however, thrown out to be devoured by the dogs. With the rise of the state this council was transformed into the senate.

2. The public meeting (agora). We saw how the Iroquois, men and women, attended the council meetings, taking an orderly part in the discussions and influencing them. Among the Homeric Greeks, this attendance had developed to a complete public meeting. This was also the case with the Germans of the archaic period. The meeting was called by the council. Every man could demand the word. The final vote was taken by hand raising (Aeschylos in "The Suppliants," 607), or by acclamation. The decision of the meeting was supreme and final. "Whenever a matter is discussed," says Schoemann in "Antiquities of Greece," "which requires the participation of the people for its execution, Homer does not indicate any means by which the people could be forced to it against their will." It is evident that at a time when every able-bodied member of the tribe was a warrior, there existed as yet no public power apart from the people that might have been used against them. The primordial democracy was still in full force, and by thisstandard the influence and position of the council and of the basileus must be judged.

3. The military chief (basileus). Marx makes the following comment: "The European scientists, mostly born servants of princes, represent the basileus as a monarch in the modern sense. The Yankee republican Morgan objects to this. Very ironically but truthfully he says of the oily Gladstone and his "Juventus Mundi": 'Mr. Gladstone, who presents to his readers the Grecian chiefs of the heroic age as kings and princes, with the superadded qualities of gentlemen, is forced to admit that, on the whole we seem to have the custom or law of primogeniture sufficiently, but not oversharply defined.' As a matter of fact, Mr. Gladstone himself must have perceived that a primogeniture resting on a clause of 'sufficient but not oversharp' definition is as bad as none at all."

We saw how the law of heredity was applied to the offices of sachems and chiefs among the Iroquois and other Indians. All offices were subject to the vote of the gentiles and for this reason hereditary in the gens. A vacancy was filled preferably by the next gentile relative—the brother or the sister's son—unless good reasons existed for passing him. That in Greece, under paternal law, the office of basileus was generally transmitted to the son or one of the sons, indicates only that the probability of succession by public election was in favor of the sons. It implies by no means a legal succession without a vote of the people. We here perceive simply the first rudiments of segregated families of aristocrats among Iroquois and Greeks, which led to a hereditary leadership or monarchy in Greece. Hence the facts are in favor of the opinion that among Greeks the basileus was either elected by the people or at last was subject to the indorsement of their appointed organs, the council or agora, as was the case with the Roman king (rex).

In the Iliad the ruler of men, Agamemnon, does not appear as the supreme king of the Greeks, but as general in chief of a federal army besieging a city. And when dissensions had broken out among the Greeks, it is this quality which Odysseus points out in a famous passage: "Evil is the rule of the many; let one be the ruler, one the chief" (to which the popular verse about the scepter was added later on). Odysseus does not lecture on the form of government, but demands obedience to the general in chief.

Considering that the Greeks before Troy appear only in the character of an army, the proceedings of the agora are sufficiently democratic. In referring to presents, that is the division of the spoils, Achilles always leaves the division, not to Agamemnon or some other basileus, but to the "sons of the Achaeans," the people. The attributes, descendant of Zeus, bred by Zeus, do not prove anything, because every gens is descended from some god—the gens of the leader of the tribe from a "prominent" god, in this case Zeus. Even those who are without personal freedom, as the swineherd Eumaeos and others, are "divine" (dioi or theioi), even in the Odyssey, which belongs to a much later period than the Iliad. In the same Odyssey, the name of "heros" is given to the herald Mulios as well as to the blind bard Demodokos. In short, the word "basileia," with which the Greek writers designate the so-called monarchy of Homer (because the military leadership is its distinguishing mark, by the side of which the council and the agorâ are existing), means simply—military democracy (Marx).

The basileus had also sacerdotal and judiciary functions beside those of a military leader. The judiciary functions are not clearly defined, but the functions of priesthood are due to his position of chief representative of the tribe or of the league of tribes. There is never any mention of civil, administrative functions.But it seems that he was ex-officio a member of the council. The translation of basileus by king is etymologically quite correct, because king (Kuning) is derived from Kuni, Künne, and signifies chief of a gens. But the modern meaning of the word king in no way designates the functions of the Grecian basileus. Thucydides expressly refers to the old basileia as patrikê, that is "derived from the gens," and states that it had well defined functions. And Aristotle says that the basileia of heroic times was a leadership of free men and that the basileus was a military chief, a judge and a high priest. Hence the basileus had no governmental power in a modern sense.[24]

In the Grecian constitution of heroic times, then, we still find the old gentilism fully alive, but we also perceive the beginnings of the elements that undermine it; paternal law and inheritance of property by the father's children, favoring accumulation of wealth in the family and giving to the latter a power apart from the gens; influence of the difference of wealth on the constitution by the formation of the first rudiments of hereditary nobility and monarchy; slavery, first limited to prisoners of war, but already paving the way to the enslavement of tribal and gentile associates; degeneration of the old feuds between tribes a regular mode of existing by systematic plundering onland and sea for the purpose of acquiring cattle, slaves, and treasures. In short, wealth is praised and respected as the highest treasure, and the old gentile institutions are abused in order to justify the forcible robbery of wealth. Only one thing was missing: an institution that not only secured the newly acquired property of private individuals against the communistic traditions of the gens, that not only declared as sacred the formerly so despised private property and represented the protection of this sacred property as the highest purpose of human society, but that also stamped the gradually developing new forms of acquiring property, of constantly increasing wealth, with the universal sanction of society. An institution that lent the character of perpetuity not only to the newly rising division into classes, but also to the right of the possessing classes to exploit and rule the non-possessing classes.

And this institution was found. The state arose.

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