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+The Project Gutenberg EBook of Wyandot Government: A Short Study of Tribal
+Society, by John Wesley Powell
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Wyandot Government: A Short Study of Tribal Society
+       Bureau of American Ethnology
+
+Author: John Wesley Powell
+
+Release Date: October 25, 2005 [EBook #16947]
+
+Language: English
+
+Character set encoding: UTF-8
+
+*** START OF THIS PROJECT GUTENBERG EBOOK WYANDOT GOVERNMENT ***
+
+
+
+
+Produced by Carlo Traverso, Barbara Tozier, and the Online
+Distributed Proofreading Team at https://www.pgdp.net, from
+images generously made available by the Bibliotheque
+nationale de France at http://gallica.bnf.fr.
+
+
+
+
+
+SMITHSONIAN INSTITUTION--BUREAU OF ETHNOLOGY.
+
+J. W. POWELL, DIRECTOR.
+
+
+
+
+WYANDOT GOVERNMENT:
+
+A SHORT STUDY OF TRIBAL SOCIETY.
+
+
+
+BY
+
+
+
+J. W. POWELL.
+
+
+
+
+In the social organization of the Wyandots four groups are
+recognized--the family, the gens, the phratry, and the tribe.
+
+
+THE FAMILY.
+
+The family, as the term is here used, is nearly synonymous with the
+household. It is composed of the persons who occupy one lodge, or, in
+their permanent wigwams, one section of a communal dwelling. These
+permanent dwellings are constructed in an oblong form, of poles
+interwoven with bark. The fire is placed in line along the center, and
+is usually built for two families, one occupying the place on each
+side of the fire.
+
+The head of the family is a woman.
+
+
+THE GENS.
+
+The gens is an organized body of consanguineal kindred in the female
+line. "The woman carries the gens," is the formulated statement by
+which a Wyandot expresses the idea that descent is in the female line.
+Each gens has the name of some animal, the ancient of such animal
+being its tutelar god. Up to the time that the tribe left Ohio, eleven
+gentes were recognized, as follows:
+
+Deer, Bear, Highland Turtle (striped), Highland Turtle (black), Mud
+Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake, and
+Porcupine.
+
+In speaking of an individual he is said to be a wolf, a bear, or a
+deer, as the case may be, meaning thereby that he belongs to that
+gens; but in speaking of the body of people comprising a gens, they
+are said to be relatives of the wolf, the bear, or the deer, as the
+case may be.
+
+There is a body of names belonging to each gens, so that each person's
+name indicates the gens to which he belongs. These names are derived
+from the characteristics, habits, attitudes, or mythologic stories
+connected with, the tutelar god.
+
+The following schedule presents the name of a man and a woman in each
+gens, as illustrating this statement:
+
+                          Wun-dát                  English.
+
+  Man of Deer gens        De-wa-tí-re              Lean Deer.
+  Woman of Deer gens      A-ya-jin-ta              Spotted Fawn.
+  Man of Bear gens        A-tu-e-tĕs            Long Claws.
+  Woman of Bear gens      Tsá-maⁿ-da-ka-é        Grunting for her
+                                                      Young.
+  Man of Striped Turtle   Ta-há-soⁿ-ta-ra-ta-se  Going Around the
+    gens                                              Lake.
+  Woman of Striped        Tso-we-yuñ-kyu           Gone from the Water.
+    Turtle gens
+  Man of Mud Turtle gens  Sha-yän-tsu-wat′         Hard Skull.
+  Woman of Mud            Yaⁿ-däc-u-räs          Finding Sand Beach.
+    Turtle gens
+  Man of Smooth Large     Huⁿ'-du-cu-tá          Throwing Sand.
+    Turtle gens
+  Woman of Smooth         Tsu-ca-eⁿ              Slow Walker.
+    Large Turtle gens
+  Man of Wolf gens        Ha-ró-uⁿ-yû            One who goes about in
+                                                      the Dark; a Prowler.
+  Woman of Wolf gens      Yaⁿ-di-no              Always Hungry.
+  Man of Snake gens       Hu-ta-hú-sa              Sitting in curled
+                                                      Position.
+  Woman of Snake gens     Di-jé-rons               One who Ripples the
+                                                      Water.
+  Man of Porcupine gens   Haⁿ-dú-tuⁿ           The one who puts up
+                                                      Quills.
+  Woman of Porcupine      Ké-ya-runs-kwa           Good-Sighted.
+    gens
+
+
+THE PHRATRY.
+
+There are four phratries in the tribe, the three gentes Bear, Deer,
+and Striped Turtle constituting the first; the Highland Turtle, Black
+Turtle, and Smooth Large Turtle the second; the Hawk, Beaver, and Wolf
+the third, and the Sea Snake and Porcupine the fourth.
+
+This unit in their organization has a mythologic basis, and is chiefly
+used for religious purposes, in the preparation of medicines, and in
+festivals and games.
+
+The eleven gentes, as four phratries, constitute the tribe.
+
+Each gens is a body of consanguineal kindred in the female line, and
+each gens is allied to other gentes by consanguineal kinship through
+the male line, and by affinity through marriage.
+
+To be a member of the tribe it is necessary to be a member of a gens;
+to be a member of a gens it is necessary to belong to some family; and
+to belong to a family a person must have been born in the family so
+that his kinship is recognized, or he must be adopted into a family
+and become a son, brother, or some definite relative; and this
+artificial relationship gives him the same standing as actual
+relationship in the family, in the gens, in the phratry, and in the
+tribe.
+
+Thus a tribe is a body of kindred.
+
+Of the four groups thus described, the gens, the phratry, and the
+tribe constitute the series of organic units; the family, or household
+as here described, is not a unit of the gens or phratry, as two gentes
+are represented in each--the father must belong to one gens, and the
+mother and, her children to another.
+
+
+_GOVERNMENT._
+
+Society is maintained by the establishment of government, for rights
+must be recognized and duties performed.
+
+In this tribe there is found a complete differentiation of the
+military from the civil government.
+
+
+_CIVIL GOVERNMENT._
+
+The civil government inheres in a system of councils and chiefs.
+
+In each gens there is a council, composed of four women, called
+_Yụ-waí-yu-wá-na_. These four women councillors select a chief of
+the gens from its male members--that is, from their brothers and sons.
+This gentile chief is the head of the gentile council.
+
+The coucil of the tribe is composed of the aggregated gentile
+councils. The tribal council, therefore, is composed one-fifth of men
+and four-fifths of women.
+
+The sachem of the tribe, or tribal chief, is chosen by the chiefs of
+the gentes.
+
+There is sometimes a grand council of the gens, composed of the
+councillors of the gens proper and all the heads of households and
+leading men--brothers and sons.
+
+There is also sometimes a grand council of the tribe, composed of the
+council of the tribe proper and the heads of households of the tribe,
+and all the leading men of the tribe.
+
+These grand councils are convened for special purposes.
+
+
+_METHODS OF CHOOSING AND INSTALLING COUNCILLORS AND CHIEFS._
+
+The four women councillors of the gens are chosen by the heads of
+households, themselves being women. There is no formal election, but
+frequent discussion is had over the matter from time to time, in which
+a sentiment grows up within the gens and throughout the tribe that, in
+the event of the death of any councillor, a certain person will take
+her place.
+
+In this manner there is usually one, two, or more potential
+councillors in each gens who are expected to attend all the meetings
+of the council, though they take no part in the deliberations and have
+no vote.
+
+When a woman is installed as councillor a feast is prepared by the
+gens to which she belongs, and to this feast all the members of the
+tribe are invited. The woman is painted and dressed in her best attire
+and the sachem of the tribe places upon her head the gentile chaplet
+of feathers, and announces in a formal manner to the assembled guests
+that the woman has been chosen a councillor. The ceremony is followed
+by feasting and dancing, often continued late into the night.
+
+The gentile chief is chosen by the council women after consultation
+with the other women and men of the gens. Often the gentile chief is a
+potential chief through a period of probation. During this time he
+attends the meetings of the council, but takes no part in the
+deliberations, and has no vote.
+
+At his installation, the council women invest him with an elaborately
+ornamented tunic, place upon his head a chaplet of feathers, and paint
+the gentile totem on his face. The sachem of the tribe then announces
+to the people that the man has been made chief of the gens, and
+admitted to the council. This is also followed by a festival.
+
+The sachem of the tribe is selected by the men belonging to the
+council of the tribe. Formerly the sachemship inhered in the Bear
+gens, but at present he is chosen from the Deer gens, from the fact,
+as the Wyandots say, that death has carried away all the wise men of
+the Bear gens.
+
+The chief of the Wolf gens is the herald and the sheriff of the tribe.
+He superintends the erection of the council-house and has the care of
+it. He calls the council together in a formal manner when directed by
+the sachem. He announces to the tribe all the decisions of the
+council, and executes the directions of the council and of the sachem.
+
+Gentile councils are held frequently from day to day and from week to
+week, and are called by the chief whenever deemed necessary. When
+matters before the council are considered of great importance, a grand
+council of the gens may be called.
+
+The tribal council is held regularly on the night of the full moon of
+each lunation and at such other times as the sachem may determine; but
+extra councils are usually called by the sachem at the request of a
+number of councilors.
+
+Meetings of the gentile councils are very informal, but the meetings
+of the tribal councils are conducted with due ceremony. When all the
+persons are assembled, the chief of the Wolf gens calls them to order,
+fills and lights a pipe, sends one puff of smoke to the heavens and
+another to the earth. The pipe is then handed to the sachem, who fills
+his mouth with smoke, and, turning from left to right with the sun,
+slowly puffs it out over the heads of the councilors, who are sitting
+in a circle. He then hands the pipe to the man on his left, and it is
+smoked in turn by each person until it has been passed around the
+circle. The sachem then explains the object for which the council is
+called. Each person in the way and manner he chooses tells what he
+thinks should be done in the case. If a majority of the council is
+agreed as to action, the sachem does not speak, but may simply
+announce the decision. But in some cases there may be protracted
+debate, which is carried on with great deliberation. In case of a tie,
+the sachem is expected to speak.
+
+It is considered dishonorable for any man to reverse his decision
+after having spoken.
+
+Such are the organic elements of the Wyandot government.
+
+
+_FUNCTIONS OF CIVIL GOVERNMENT._
+
+It is the function of government to preserve rights and enforce the
+performance of duties. Rights and duties are co-relative. Rights imply
+duties, and duties imply rights. The right inhering in the party of
+the first part imposes a duty on the party of the second part. The
+right and its co-relative duty are inseparable parts of a relation
+that must be maintained by government; and the relations which
+governments are established to maintain may be treated under the
+general head of rights.
+
+In Wyandot government these rights may be classed as follows:
+
+  First--Rights of marriage.
+  Second--Rights to names.
+  Third--Rights to personal adornments.
+  Fourth--Rights of order in encampments and migrations.
+  Fifth--Rights of property.
+  Sixth--Rights of person.
+  Seventh--Rights of community.
+  Eighth--Rights of religion.
+
+To maintain rights, rules of conduct are established, not by formal
+enactment, but by regulated usage. Such custom-made laws may be called
+regulations.
+
+
+_MARRIAGE REGULATIONS._
+
+Marriage between members of the same gens is forbidden, but
+consanguineal marriages between persons of different gentes are
+permitted. For example, a man may not marry his mother's sister's
+daughter, as she belongs to the same gens with himself; but he can
+marry his father's sister's daughter, because she belongs to a
+different gens.
+
+Husbands retain all their rights and privileges in their own gentes,
+though they live with the gentes of their wives. Children,
+irrespective of sex, belong to the gens of the mother. Men and women
+must marry within the tribe. A woman taken to wife from without the
+tribe must first be adopted into some family of a gens other than that
+to which the man belongs. That a woman may take for a husband a man
+without the tribe he must also be adopted into the family of some gens
+other than that of the woman. What has been called by some
+ethnologists endogamy and exogamy are correlative parts of one
+regulation, and the Wyandots, like all other tribes of which we have
+any knowledge in North America, are both endogamous and exogamous.
+
+Polygamy is permitted, but the wives must belong to different gentes.
+The first wife remains the head of the household. Polyandry is
+prohibited.
+
+A man seeking a wife consults her mother, sometimes direct, and
+sometimes through his own mother. The mother of the girl advises with
+the women councilors to obtain their consent, and the young people
+usually submit quietly to their decision. Sometimes the women
+councilors consult with the men.
+
+When a girl is betrothed, the man makes such presents to the mother as
+he can. It is customary to consummate the marriage before the end of
+the moon in which the betrothal is made. Bridegroom and bride make
+promises of faithfulness to the parents and women councilors of both
+parties. It is customary to give a marriage feast, in which the gentes
+of both parties take part. For a short time at least, bride and groom
+live with the bride's mother, or rather in the original household of
+the bride.
+
+The time when they will set up housekeeping for themselves is usually
+arranged before marriage.
+
+In the event of the death of the mother, the children belong to her
+sister or to her nearest female kin, the matter being settled by the
+council women of the gens. As the children belong to the mother, on
+the death of the father the mother and children are cared for by her
+nearest male relative until subsequent marriage.
+
+
+_NAME REGULATIONS._
+
+It has been previously explained that there is a body of names, the
+exclusive property of each gens. Once a year, at the green-corn
+festival, the council women of the gens select the names for the
+children born during the previous year, and the chief of the gens
+proclaims these names at the festival. No person may change his name,
+but every person, man or woman, by honorable or dishonorable conduct,
+or by remarkable circumstance, may win a second name commemorative of
+deed or circumstance, which is a kind of title.
+
+
+_REGULATIONS OF PERSONAL ADORNMENT._
+
+Each clan has a distinctive method of painting the face, a distinctive
+chaplet to be worn by the gentile chief and council women when they
+are inaugurated, and subsequently at festival occasions, and
+distinctive ornaments for all its members, to be used at festivals and
+religious ceremonies.
+
+
+_REGULATIONS OF ORDER IN ENCAMPMENT AND MIGRATIONS._
+
+The camp of the tribe is in an open circle or horse-shoe, and the
+gentes camp in following order, beginning on the left and going around
+to the right:
+
+Deer, Bear, Highland Turtle (striped), Highland Turtle (black), Mud
+Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake, Porcupine.
+
+The order in which the households camp in the gentile group is
+regulated by the gentile councilors and adjusted from time to time in
+such a manner that the oldest family is placed on the left, and the
+youngest on the right. In migrations and expeditions the order of
+travel follows the analogy of encampment.
+
+
+_PROPERTY RIGHTS._
+
+Within the area claimed by the tribe each gens occupies a smaller
+tract for the purpose of cultivation. The right of the gens to
+cultivate a particular tract is a matter settled in the council of the
+tribe, and the gens may abandon one tract for another only with the
+consent of the tribe. The women councillors partition the gentile land
+among the householders, and the household tracts are distinctly marked
+by them. The ground is re-partitioned once in two years. The heads of
+households are responsible for the cultivation of the tract, and
+should this duty be neglected the council of the gens calls the
+responsible parties to account.
+
+Cultivation is communal; that is, all of the able-bodied women of the
+gens take part in the cultivation of each household tract in the
+following manner:
+
+The head of the household sends her brother or son into the forest or
+to the stream to bring in game or fish for a feast; then the
+able-bodied women of the gens are invited to assist in the cultivation
+of the land, and when this work is done a feast is given.
+
+The wigwam or lodge and all articles of the household belong to the
+woman--the head of the household--and at her death are inherited by
+her eldest daughter, or nearest of female kin. The matter is settled
+by the council women. If the husband die his property is inherited by
+his brother or his sister's son, except such portion as may be buried
+with him. His property consists of his clothing, hunting and fishing
+implements, and such articles as are used personally by himself.
+
+Usually a small canoe is the individual property of the man. Large
+canoes are made by the male members of the gentes, and are the
+property of the gentes.
+
+
+_RIGHTS OF PERSON._
+
+Each individual has a right to freedom of person and security from
+personal and bodily injury, unless adjudged guilty of crime by proper
+authority.
+
+
+_COMMUNITY RIGHTS._
+
+Each gens has the right to the services of all its women in the
+cultivation of the soil. Each gens has the right to the service of all
+its male members in avenging wrongs, and the tribe has the right to
+the service of all its male members in time of war.
+
+
+_RIGHTS OF RELIGION._
+
+Each phratry has the right to certain religious ceremonies and the
+preparation of certain medicines.
+
+Each gens has the exclusive right to worship its tutelar god, and each
+individual has the exclusive right to the possession and use of a
+particular amulet.
+
+
+_CRIMES._
+
+The violations of right are crimes. Some of the crimes recognized by
+the Wyandots are as follows:
+
+  1. Adultery.
+  2. Theft.
+  3. Maiming.
+  4. Murder.
+  5. Treason.
+  6. Witchcraft.
+
+A maiden guilty of fornication may be punished by her mother or female
+guardian, but if the crime is flagrant and repeated, so as to become a
+matter of general gossip, and the mother fails to correct it, the
+matter may be taken up by the council women of the gens.
+
+A woman guilty of adultery, for the first offense is punished by
+having her hair cropped; for repeated offenses her left ear is cut
+off.
+
+
+_THEFT._
+
+The punishment for theft is twofold restitution. When the prosecutor
+and prosecuted belong to the same gens, the trial is before the
+council of the gens, and from it there is no appeal. If the parties
+involved are of different gentes, the prosecutor, through the head of
+his household, lays the matter before the council of his own gens; by
+it the matter is laid before the gentile council of the accused in a
+formal manner. Thereupon it becomes the duty of the council of the
+accused to investigate the facts for themselves, and to settle the
+matter with the council of the plaintiff. Failure thus to do is
+followed by retaliation in the seizing of any property of the gens
+which may be found.
+
+
+_MAIMING._
+
+Maiming is compounded, and the method of procedure in prosecution is
+essentially the same as for theft.
+
+
+_MURDER._
+
+In the case of murder, if both parties are members of the same gens,
+the matter is tried by the gentile council on complaint of the head of
+the household, but there may be an appeal to the council of the tribe.
+Where the parties belong to different gentes, complaint is formally
+made by the injured party, through the chief of his gens, in the
+following manner:
+
+A wooden tablet is prepared, upon which is inscribed the totem or
+heraldic emblem of the injured man's gens, and a picture-writing
+setting forth the offense follows.
+
+The gentile chief appears before the chief of the council of the
+offender, and formally states the offense, explaining the
+picture-writing, which is then delivered.
+
+A council of the offender's gens is thereupon called and a trial is
+held. It is the duty of this council to examine the evidence for
+themselves and to come to a conclusion without further presentation of
+the matter on the part of the person aggrieved. Having decided the
+matter among themselves, they appear before the chief of the council
+of the aggrieved party to offer compensation.
+
+If the gens of the offender fail to settle the matter with the gens of
+the aggrieved party, it is the duty of his nearest relative to avenge
+the wrong. Either party may appeal to the council of the tribe. The
+appeal must be made in due form, by the presentation of a tablet of
+accusation.
+
+Inquiry into the effect of a failure to observe prescribed formalities
+developed an interesting fact. In procedure against crime, failure in
+formality is not considered a violation of the rights of the accused,
+but proof of his innocence. It is considered supernatural evidence
+that the charges are false. In trials for all offenses forms of
+procedure are, therefore, likely to be earnestly questioned.
+
+
+_TREASON._
+
+Treason consists in revealing the secrets of the medicine preparations
+or giving other information or assistance to enemies of the tribe, and
+is punished by death. The trial is before the council of the tribe.
+
+
+_WITCHCRAFT._
+
+Witchcraft is punished by death, stabbing, tomahawking, or burning.
+Charges of witchcraft are investigated by the grand council of the
+tribe. When the accused is adjudged guilty, he may appeal to
+supernatural judgment. The test is by fire. A circular fire is built
+on the ground, through which the accused must run from east and west
+and from north to south. If no injury is received he is adjudged
+innocent; if he falls into the fire he is adjudged guilty. Should a
+person accused of having the general reputation of practicing
+witchcraft become deaf, blind, or have sore eyes, earache, headache,
+or other diseases considered loathsome, he is supposed to have failed
+in practicing his arts upon others, and to have fallen a victim to
+them himself. Such cases are most likely to be punished.
+
+
+_OUTLAWRY._
+
+The institution of outlawry exists among the Wyandots in a peculiar
+form. An outlaw is one who by his crimes has placed himself without
+the protection of his clan. A man can be declared an outlaw by his own
+clan, who thus publish to the tribe that they will not defend him in
+case he is injured by another. But usually outlawry is declared only
+after trial before the tribal council.
+
+The method of procedure is analogous to that in case of murder. When
+the person has been adjudged guilty and sentence of outlawry declared,
+it is the duty of the chief of the Wolf clan to make known the
+decision of the council. This he does by appearing before each clan in
+the order of its encampment, and declaring in terms the crime of the
+outlaw and the sentence of outlawry, which may be either of two
+grades.
+
+In the lowest grade it is declared that if the man shall thereafter
+continue in the commission of similar crimes, it will be lawful for
+any person to kill him; and if killed, rightfully or wrongfully, his
+clan will not avenge his death.
+
+Outlawry of the highest degree makes it the duty of any member of the
+tribe who may meet with the offender to kill him.
+
+
+_MILITARY GOVERNMENT._
+
+The management of military affairs inheres in the military council and
+chief. The military council is composed of all the able-bodied men of
+the tribe; the military chief is chosen by the council from the
+Porcupine gens. Each gentile chief is responsible for the military
+training of the youth under his authority. There is usually one or
+more potential military chiefs, who are the close companions and
+assistants of the chief in time of war, and in case of the death of
+the chief, take his place in the order of seniority.
+
+Prisoners of war are adopted into the tribe or killed. To be adopted
+into the tribe, it is necessary that the prisoner should be adopted
+into some family. The warrior taking the prisoner has the first right
+to adopt him, and his male or female relatives have the right in the
+order of their kinship. If no one claims the prisoner for this
+purpose, he is caused to run the gauntlet as a test of his courage.
+
+If at his trial he behaves manfully, claimants are not wanting, but if
+he behaves disgracefully he is put to death.
+
+
+_FELLOWHOOD._
+
+There is an interesting institution found among the Wyandots, as among
+some other of our North American tribes, namely, that of fellowhood.
+Two young men agree to be perpetual friends to each other, or more
+than brothers. Each reveals to the other the secrets of his life, and
+counsels with him on matters of importance, and defends him from wrong
+and violence, and at his death is chief mourner.
+
+       *       *       *       *       *
+
+The government of the Wyandots, with the social organization upon
+which it is based, affords a typical example of tribal government
+throughout North America. Within that area there are several hundred
+distinct governments. In so great a number there is great variety, and
+in this variety we find different degrees of organization, the degrees
+of organization being determined by the differentiation of the
+functions of the government and the correlative specialization of
+organic elements.
+
+Much has yet to be done in the study of these governments before safe
+generalizations may be made. But enough is known to warrant the
+following statement:
+
+Tribal government in North America is based on kinship in that the
+fundamental units of social organization are bodies of consanguineal
+kindred either in the male or female line; these units being what has
+been well denominated "gentes."
+
+These "gentes" are organized into tribes by ties of relationship and
+affinity, and this organization is of such a character that the man's
+position in the tribe is fixed by his kinship. There is no place in a
+tribe for any person whose kinship is not fixed, and only those
+persons can be adopted into the tribe who are adopted into some family
+with artificial kinship specified. The fabric of Indian society is a
+complex tissue of kinship. The warp is made of streams of kinship
+blood, and the woof of marriage ties.
+
+With most tribes military and civil affairs are differentiated. The
+functions of civil government are in general differentiated only to
+this extent, that executive functions are performed by chiefs and
+sachems, but these chiefs and sachems are also members of the council.
+The council is legislature and court. Perhaps it were better to say
+that the council is the court whose decisions are law, and that the
+legislative body properly has not been developed.
+
+In general, crimes are well defined. Procedure is formal, and forms
+are held as of such importance that error therein is _prima facie_
+evidence that the subject-matter formulated was false.
+
+When one gens charges crime against a member of another, it can of its
+own motion proceed only to retaliation. To prevent retaliation, the
+gens of the offender must take the necessary steps to disprove the
+crime, or to compound or punish it. The charge once made is held as
+just and true until it has been disproved, and in trial the cause of
+the defendant is first stated. The anger of the prosecuting gens must
+be placated.
+
+In the tribal governments there are many institutions, customs, and
+traditions which give evidence of a former condition in which society
+was based not upon kinship, but upon marriage.
+
+From a survey of the facts it seems highly probably that kinship
+society, as it exists among the tribes of North America, has developed
+from connubial society, which is discovered elsewhere on the globe. In
+fact, there are a few tribes that seem scarcely to have passed that
+indefinite boundary between the two social states. Philologic research
+leads to the same conclusion.
+
+Nowhere in North America have a people been discovered who have passed
+beyond tribal society to national society based on property, i.e.,
+that form of society which is characteristic of civilization. Some
+peoples may not have reached kinship society; none have passed it.
+
+Nations with civilized institutions, art with palaces, monotheism as
+the worship of the Great Spirit, all vanish from the priscan condition
+of North America in the light of anthropologic research. Tribes with
+the social institutions of kinship, art with its highest architectural
+development exhibited in the structure of communal dwellings, and
+polytheism in the worship of mythic animals and nature-gods remain.
+
+
+
+
+INDEX
+
+
+Adultery, Wyandot law for, 66
+
+Chiefs, Wyandot, Election of, 61, 62
+Crimes, Wyandot laws for, 66, 67
+
+Encampment regulations (Wyandot), 64
+
+Family, The term, defined, 59
+Fellowhood, Wyandot institution of, 68
+
+Gens, The term, defined, 59
+Government, Wyandot civil, 61
+  Functions of, 63
+
+Kinship society, 68, 69
+
+Maiming, Wyandot law for, 66
+Marriage regulations (Wyandot), 63, 64
+Migration regulations (Wyandot), 64
+Military government (Wyandot), 68
+Murder, Wyandot law for, 66
+
+Name regulations of the Wyandot tribe, 64
+
+Outlawry, Wyandot institution of, 67
+
+Personal adornment regulations (Wyandot), 64
+Phratry defined, 60, 61
+
+Society, Kinship, 68, 69
+
+Theft, Wyandot law for, 66
+Treason, Wyandot law for, 67
+Tribal government based on kinship, 68, 69
+Tribal society, A study of (Wyandot), 59-69
+
+Witchcraft, Wyandot law for, 67
+Wyandot criminal laws, 66, 67
+  for adultery, 66
+  for maiming, 66
+  murder, 66
+  of outlawry, 67
+  for theft, 66
+  for treason, 67
+  for witchcraft, 67
+Wyandot government, 59-69
+Wyandot military government, 68
+Wyandot regulations, 63, 64
+  of encampment, 64
+  of migration, 64
+  of name, 64
+  of personal adornment, 64
+Wyandot rights, 65
+  of community, 65
+  of person, 65
+  of religion, 65
+
+
+
+[Transcriber's Note: This index is a subset of the original index
+assocated with _First Annual Report of the Bureau of Ethnology to the
+Secretary of the Smithsonian Institution, 1879-80_, by J. W. Powell.]
+
+
+
+
+
+End of the Project Gutenberg EBook of Wyandot Government: A Short Study of
+Tribal Society, by John Wesley Powell
+
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+The Project Gutenberg EBook of Wyandot Government: A Short Study of Tribal
+Society, by John Wesley Powell
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Wyandot Government: A Short Study of Tribal Society
+       Bureau of American Ethnology
+
+Author: John Wesley Powell
+
+Release Date: October 25, 2005 [EBook #16947]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK WYANDOT GOVERNMENT ***
+
+
+
+
+Produced by Carlo Traverso, Barbara Tozier, and the Online
+Distributed Proofreading Team at https://www.pgdp.net, from
+images generously made available by the Biblioth�que
+nationale de France at http://gallica.bnf.fr.
+
+
+
+
+
+[Transcriber's Note: This text uses several diacritical marks: [)e]
+represents "e with breve," [n] represents "superscript n," ' at
+the end of syllables is a prime mark, [u.] represents "u with dot
+below."]
+
+
+
+
+SMITHSONIAN INSTITUTION--BUREAU OF ETHNOLOGY.
+
+J. W. POWELL, DIRECTOR.
+
+
+
+
+WYANDOT GOVERNMENT:
+
+A SHORT STUDY OF TRIBAL SOCIETY.
+
+
+
+BY
+
+
+
+J. W. POWELL.
+
+
+
+
+In the social organization of the Wyandots four groups are
+recognized--the family, the gens, the phratry, and the tribe.
+
+
+THE FAMILY.
+
+The family, as the term is here used, is nearly synonymous with the
+household. It is composed of the persons who occupy one lodge, or, in
+their permanent wigwams, one section of a communal dwelling. These
+permanent dwellings are constructed in an oblong form, of poles
+interwoven with bark. The fire is placed in line along the center, and
+is usually built for two families, one occupying the place on each
+side of the fire.
+
+The head of the family is a woman.
+
+
+THE GENS.
+
+The gens is an organized body of consanguineal kindred in the female
+line. "The woman carries the gens," is the formulated statement by
+which a Wyandot expresses the idea that descent is in the female line.
+Each gens has the name of some animal, the ancient of such animal
+being its tutelar god. Up to the time that the tribe left Ohio, eleven
+gentes were recognized, as follows:
+
+Deer, Bear, Highland Turtle (striped), Highland Turtle (black), Mud
+Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake, and
+Porcupine.
+
+In speaking of an individual he is said to be a wolf, a bear, or a
+deer, as the case may be, meaning thereby that he belongs to that
+gens; but in speaking of the body of people comprising a gens, they
+are said to be relatives of the wolf, the bear, or the deer, as the
+case may be.
+
+There is a body of names belonging to each gens, so that each person's
+name indicates the gens to which he belongs. These names are derived
+from the characteristics, habits, attitudes, or mythologic stories
+connected with, the tutelar god.
+
+The following schedule presents the name of a man and a woman in each
+gens, as illustrating this statement:
+
+                          Wun-d�t                  English.
+
+  Man of Deer gens        De-wa-t�-re              Lean Deer.
+  Woman of Deer gens      A-ya-jin-ta              Spotted Fawn.
+  Man of Bear gens        A-tu-e-t[)e]s            Long Claws.
+  Woman of Bear gens      Ts�-ma[n]-da-ka-�        Grunting for her
+                                                      Young.
+  Man of Striped Turtle   Ta-h�-so[n]-ta-ra-ta-se  Going Around the
+    gens                                              Lake.
+  Woman of Striped        Tso-we-yu�-kyu           Gone from the Water.
+    Turtle gens
+  Man of Mud Turtle gens  Sha-y�n-tsu-wat'         Hard Skull.
+  Woman of Mud            Ya[n]-d�c-u-r�s          Finding Sand Beach.
+    Turtle gens
+  Man of Smooth Large     Hu[n]'-du-cu-t�          Throwing Sand.
+    Turtle gens
+  Woman of Smooth         Tsu-ca-e[n]              Slow Walker.
+    Large Turtle gens
+  Man of Wolf gens        Ha-r�-u[n]-y�            One who goes about in
+                                                      the Dark; a Prowler.
+  Woman of Wolf gens      Ya[n]-di-no              Always Hungry.
+  Man of Snake gens       Hu-ta-h�-sa              Sitting in curled
+                                                      Position.
+  Woman of Snake gens     Di-j�-rons               One who Ripples the
+                                                      Water.
+  Man of Porcupine gens   Ha[n]-d�-tu[n]           The one who puts up
+                                                      Quills.
+  Woman of Porcupine      K�-ya-runs-kwa           Good-Sighted.
+    gens
+
+
+THE PHRATRY.
+
+There are four phratries in the tribe, the three gentes Bear, Deer,
+and Striped Turtle constituting the first; the Highland Turtle, Black
+Turtle, and Smooth Large Turtle the second; the Hawk, Beaver, and Wolf
+the third, and the Sea Snake and Porcupine the fourth.
+
+This unit in their organization has a mythologic basis, and is chiefly
+used for religious purposes, in the preparation of medicines, and in
+festivals and games.
+
+The eleven gentes, as four phratries, constitute the tribe.
+
+Each gens is a body of consanguineal kindred in the female line, and
+each gens is allied to other gentes by consanguineal kinship through
+the male line, and by affinity through marriage.
+
+To be a member of the tribe it is necessary to be a member of a gens;
+to be a member of a gens it is necessary to belong to some family; and
+to belong to a family a person must have been born in the family so
+that his kinship is recognized, or he must be adopted into a family
+and become a son, brother, or some definite relative; and this
+artificial relationship gives him the same standing as actual
+relationship in the family, in the gens, in the phratry, and in the
+tribe.
+
+Thus a tribe is a body of kindred.
+
+Of the four groups thus described, the gens, the phratry, and the
+tribe constitute the series of organic units; the family, or household
+as here described, is not a unit of the gens or phratry, as two gentes
+are represented in each--the father must belong to one gens, and the
+mother and, her children to another.
+
+
+_GOVERNMENT._
+
+Society is maintained by the establishment of government, for rights
+must be recognized and duties performed.
+
+In this tribe there is found a complete differentiation of the
+military from the civil government.
+
+
+_CIVIL GOVERNMENT._
+
+The civil government inheres in a system of councils and chiefs.
+
+In each gens there is a council, composed of four women, called
+_Y[u.]-wa�-yu-w�-na_. These four women councillors select a chief of
+the gens from its male members--that is, from their brothers and sons.
+This gentile chief is the head of the gentile council.
+
+The coucil of the tribe is composed of the aggregated gentile
+councils. The tribal council, therefore, is composed one-fifth of men
+and four-fifths of women.
+
+The sachem of the tribe, or tribal chief, is chosen by the chiefs of
+the gentes.
+
+There is sometimes a grand council of the gens, composed of the
+councillors of the gens proper and all the heads of households and
+leading men--brothers and sons.
+
+There is also sometimes a grand council of the tribe, composed of the
+council of the tribe proper and the heads of households of the tribe,
+and all the leading men of the tribe.
+
+These grand councils are convened for special purposes.
+
+
+_METHODS OF CHOOSING AND INSTALLING COUNCILLORS AND CHIEFS._
+
+The four women councillors of the gens are chosen by the heads of
+households, themselves being women. There is no formal election, but
+frequent discussion is had over the matter from time to time, in which
+a sentiment grows up within the gens and throughout the tribe that, in
+the event of the death of any councillor, a certain person will take
+her place.
+
+In this manner there is usually one, two, or more potential
+councillors in each gens who are expected to attend all the meetings
+of the council, though they take no part in the deliberations and have
+no vote.
+
+When a woman is installed as councillor a feast is prepared by the
+gens to which she belongs, and to this feast all the members of the
+tribe are invited. The woman is painted and dressed in her best attire
+and the sachem of the tribe places upon her head the gentile chaplet
+of feathers, and announces in a formal manner to the assembled guests
+that the woman has been chosen a councillor. The ceremony is followed
+by feasting and dancing, often continued late into the night.
+
+The gentile chief is chosen by the council women after consultation
+with the other women and men of the gens. Often the gentile chief is a
+potential chief through a period of probation. During this time he
+attends the meetings of the council, but takes no part in the
+deliberations, and has no vote.
+
+At his installation, the council women invest him with an elaborately
+ornamented tunic, place upon his head a chaplet of feathers, and paint
+the gentile totem on his face. The sachem of the tribe then announces
+to the people that the man has been made chief of the gens, and
+admitted to the council. This is also followed by a festival.
+
+The sachem of the tribe is selected by the men belonging to the
+council of the tribe. Formerly the sachemship inhered in the Bear
+gens, but at present he is chosen from the Deer gens, from the fact,
+as the Wyandots say, that death has carried away all the wise men of
+the Bear gens.
+
+The chief of the Wolf gens is the herald and the sheriff of the tribe.
+He superintends the erection of the council-house and has the care of
+it. He calls the council together in a formal manner when directed by
+the sachem. He announces to the tribe all the decisions of the
+council, and executes the directions of the council and of the sachem.
+
+Gentile councils are held frequently from day to day and from week to
+week, and are called by the chief whenever deemed necessary. When
+matters before the council are considered of great importance, a grand
+council of the gens may be called.
+
+The tribal council is held regularly on the night of the full moon of
+each lunation and at such other times as the sachem may determine; but
+extra councils are usually called by the sachem at the request of a
+number of councilors.
+
+Meetings of the gentile councils are very informal, but the meetings
+of the tribal councils are conducted with due ceremony. When all the
+persons are assembled, the chief of the Wolf gens calls them to order,
+fills and lights a pipe, sends one puff of smoke to the heavens and
+another to the earth. The pipe is then handed to the sachem, who fills
+his mouth with smoke, and, turning from left to right with the sun,
+slowly puffs it out over the heads of the councilors, who are sitting
+in a circle. He then hands the pipe to the man on his left, and it is
+smoked in turn by each person until it has been passed around the
+circle. The sachem then explains the object for which the council is
+called. Each person in the way and manner he chooses tells what he
+thinks should be done in the case. If a majority of the council is
+agreed as to action, the sachem does not speak, but may simply
+announce the decision. But in some cases there may be protracted
+debate, which is carried on with great deliberation. In case of a tie,
+the sachem is expected to speak.
+
+It is considered dishonorable for any man to reverse his decision
+after having spoken.
+
+Such are the organic elements of the Wyandot government.
+
+
+_FUNCTIONS OF CIVIL GOVERNMENT._
+
+It is the function of government to preserve rights and enforce the
+performance of duties. Rights and duties are co-relative. Rights imply
+duties, and duties imply rights. The right inhering in the party of
+the first part imposes a duty on the party of the second part. The
+right and its co-relative duty are inseparable parts of a relation
+that must be maintained by government; and the relations which
+governments are established to maintain may be treated under the
+general head of rights.
+
+In Wyandot government these rights may be classed as follows:
+
+  First--Rights of marriage.
+  Second--Rights to names.
+  Third--Rights to personal adornments.
+  Fourth--Rights of order in encampments and migrations.
+  Fifth--Rights of property.
+  Sixth--Rights of person.
+  Seventh--Rights of community.
+  Eighth--Rights of religion.
+
+To maintain rights, rules of conduct are established, not by formal
+enactment, but by regulated usage. Such custom-made laws may be called
+regulations.
+
+
+_MARRIAGE REGULATIONS._
+
+Marriage between members of the same gens is forbidden, but
+consanguineal marriages between persons of different gentes are
+permitted. For example, a man may not marry his mother's sister's
+daughter, as she belongs to the same gens with himself; but he can
+marry his father's sister's daughter, because she belongs to a
+different gens.
+
+Husbands retain all their rights and privileges in their own gentes,
+though they live with the gentes of their wives. Children,
+irrespective of sex, belong to the gens of the mother. Men and women
+must marry within the tribe. A woman taken to wife from without the
+tribe must first be adopted into some family of a gens other than that
+to which the man belongs. That a woman may take for a husband a man
+without the tribe he must also be adopted into the family of some gens
+other than that of the woman. What has been called by some
+ethnologists endogamy and exogamy are correlative parts of one
+regulation, and the Wyandots, like all other tribes of which we have
+any knowledge in North America, are both endogamous and exogamous.
+
+Polygamy is permitted, but the wives must belong to different gentes.
+The first wife remains the head of the household. Polyandry is
+prohibited.
+
+A man seeking a wife consults her mother, sometimes direct, and
+sometimes through his own mother. The mother of the girl advises with
+the women councilors to obtain their consent, and the young people
+usually submit quietly to their decision. Sometimes the women
+councilors consult with the men.
+
+When a girl is betrothed, the man makes such presents to the mother as
+he can. It is customary to consummate the marriage before the end of
+the moon in which the betrothal is made. Bridegroom and bride make
+promises of faithfulness to the parents and women councilors of both
+parties. It is customary to give a marriage feast, in which the gentes
+of both parties take part. For a short time at least, bride and groom
+live with the bride's mother, or rather in the original household of
+the bride.
+
+The time when they will set up housekeeping for themselves is usually
+arranged before marriage.
+
+In the event of the death of the mother, the children belong to her
+sister or to her nearest female kin, the matter being settled by the
+council women of the gens. As the children belong to the mother, on
+the death of the father the mother and children are cared for by her
+nearest male relative until subsequent marriage.
+
+
+_NAME REGULATIONS._
+
+It has been previously explained that there is a body of names, the
+exclusive property of each gens. Once a year, at the green-corn
+festival, the council women of the gens select the names for the
+children born during the previous year, and the chief of the gens
+proclaims these names at the festival. No person may change his name,
+but every person, man or woman, by honorable or dishonorable conduct,
+or by remarkable circumstance, may win a second name commemorative of
+deed or circumstance, which is a kind of title.
+
+
+_REGULATIONS OF PERSONAL ADORNMENT._
+
+Each clan has a distinctive method of painting the face, a distinctive
+chaplet to be worn by the gentile chief and council women when they
+are inaugurated, and subsequently at festival occasions, and
+distinctive ornaments for all its members, to be used at festivals and
+religious ceremonies.
+
+
+_REGULATIONS OF ORDER IN ENCAMPMENT AND MIGRATIONS._
+
+The camp of the tribe is in an open circle or horse-shoe, and the
+gentes camp in following order, beginning on the left and going around
+to the right:
+
+Deer, Bear, Highland Turtle (striped), Highland Turtle (black), Mud
+Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake, Porcupine.
+
+The order in which the households camp in the gentile group is
+regulated by the gentile councilors and adjusted from time to time in
+such a manner that the oldest family is placed on the left, and the
+youngest on the right. In migrations and expeditions the order of
+travel follows the analogy of encampment.
+
+
+_PROPERTY RIGHTS._
+
+Within the area claimed by the tribe each gens occupies a smaller
+tract for the purpose of cultivation. The right of the gens to
+cultivate a particular tract is a matter settled in the council of the
+tribe, and the gens may abandon one tract for another only with the
+consent of the tribe. The women councillors partition the gentile land
+among the householders, and the household tracts are distinctly marked
+by them. The ground is re-partitioned once in two years. The heads of
+households are responsible for the cultivation of the tract, and
+should this duty be neglected the council of the gens calls the
+responsible parties to account.
+
+Cultivation is communal; that is, all of the able-bodied women of the
+gens take part in the cultivation of each household tract in the
+following manner:
+
+The head of the household sends her brother or son into the forest or
+to the stream to bring in game or fish for a feast; then the
+able-bodied women of the gens are invited to assist in the cultivation
+of the land, and when this work is done a feast is given.
+
+The wigwam or lodge and all articles of the household belong to the
+woman--the head of the household--and at her death are inherited by
+her eldest daughter, or nearest of female kin. The matter is settled
+by the council women. If the husband die his property is inherited by
+his brother or his sister's son, except such portion as may be buried
+with him. His property consists of his clothing, hunting and fishing
+implements, and such articles as are used personally by himself.
+
+Usually a small canoe is the individual property of the man. Large
+canoes are made by the male members of the gentes, and are the
+property of the gentes.
+
+
+_RIGHTS OF PERSON._
+
+Each individual has a right to freedom of person and security from
+personal and bodily injury, unless adjudged guilty of crime by proper
+authority.
+
+
+_COMMUNITY RIGHTS._
+
+Each gens has the right to the services of all its women in the
+cultivation of the soil. Each gens has the right to the service of all
+its male members in avenging wrongs, and the tribe has the right to
+the service of all its male members in time of war.
+
+
+_RIGHTS OF RELIGION._
+
+Each phratry has the right to certain religious ceremonies and the
+preparation of certain medicines.
+
+Each gens has the exclusive right to worship its tutelar god, and each
+individual has the exclusive right to the possession and use of a
+particular amulet.
+
+
+_CRIMES._
+
+The violations of right are crimes. Some of the crimes recognized by
+the Wyandots are as follows:
+
+  1. Adultery.
+  2. Theft.
+  3. Maiming.
+  4. Murder.
+  5. Treason.
+  6. Witchcraft.
+
+A maiden guilty of fornication may be punished by her mother or female
+guardian, but if the crime is flagrant and repeated, so as to become a
+matter of general gossip, and the mother fails to correct it, the
+matter may be taken up by the council women of the gens.
+
+A woman guilty of adultery, for the first offense is punished by
+having her hair cropped; for repeated offenses her left ear is cut
+off.
+
+
+_THEFT._
+
+The punishment for theft is twofold restitution. When the prosecutor
+and prosecuted belong to the same gens, the trial is before the
+council of the gens, and from it there is no appeal. If the parties
+involved are of different gentes, the prosecutor, through the head of
+his household, lays the matter before the council of his own gens; by
+it the matter is laid before the gentile council of the accused in a
+formal manner. Thereupon it becomes the duty of the council of the
+accused to investigate the facts for themselves, and to settle the
+matter with the council of the plaintiff. Failure thus to do is
+followed by retaliation in the seizing of any property of the gens
+which may be found.
+
+
+_MAIMING._
+
+Maiming is compounded, and the method of procedure in prosecution is
+essentially the same as for theft.
+
+
+_MURDER._
+
+In the case of murder, if both parties are members of the same gens,
+the matter is tried by the gentile council on complaint of the head of
+the household, but there may be an appeal to the council of the tribe.
+Where the parties belong to different gentes, complaint is formally
+made by the injured party, through the chief of his gens, in the
+following manner:
+
+A wooden tablet is prepared, upon which is inscribed the totem or
+heraldic emblem of the injured man's gens, and a picture-writing
+setting forth the offense follows.
+
+The gentile chief appears before the chief of the council of the
+offender, and formally states the offense, explaining the
+picture-writing, which is then delivered.
+
+A council of the offender's gens is thereupon called and a trial is
+held. It is the duty of this council to examine the evidence for
+themselves and to come to a conclusion without further presentation of
+the matter on the part of the person aggrieved. Having decided the
+matter among themselves, they appear before the chief of the council
+of the aggrieved party to offer compensation.
+
+If the gens of the offender fail to settle the matter with the gens of
+the aggrieved party, it is the duty of his nearest relative to avenge
+the wrong. Either party may appeal to the council of the tribe. The
+appeal must be made in due form, by the presentation of a tablet of
+accusation.
+
+Inquiry into the effect of a failure to observe prescribed formalities
+developed an interesting fact. In procedure against crime, failure in
+formality is not considered a violation of the rights of the accused,
+but proof of his innocence. It is considered supernatural evidence
+that the charges are false. In trials for all offenses forms of
+procedure are, therefore, likely to be earnestly questioned.
+
+
+_TREASON._
+
+Treason consists in revealing the secrets of the medicine preparations
+or giving other information or assistance to enemies of the tribe, and
+is punished by death. The trial is before the council of the tribe.
+
+
+_WITCHCRAFT._
+
+Witchcraft is punished by death, stabbing, tomahawking, or burning.
+Charges of witchcraft are investigated by the grand council of the
+tribe. When the accused is adjudged guilty, he may appeal to
+supernatural judgment. The test is by fire. A circular fire is built
+on the ground, through which the accused must run from east and west
+and from north to south. If no injury is received he is adjudged
+innocent; if he falls into the fire he is adjudged guilty. Should a
+person accused of having the general reputation of practicing
+witchcraft become deaf, blind, or have sore eyes, earache, headache,
+or other diseases considered loathsome, he is supposed to have failed
+in practicing his arts upon others, and to have fallen a victim to
+them himself. Such cases are most likely to be punished.
+
+
+_OUTLAWRY._
+
+The institution of outlawry exists among the Wyandots in a peculiar
+form. An outlaw is one who by his crimes has placed himself without
+the protection of his clan. A man can be declared an outlaw by his own
+clan, who thus publish to the tribe that they will not defend him in
+case he is injured by another. But usually outlawry is declared only
+after trial before the tribal council.
+
+The method of procedure is analogous to that in case of murder. When
+the person has been adjudged guilty and sentence of outlawry declared,
+it is the duty of the chief of the Wolf clan to make known the
+decision of the council. This he does by appearing before each clan in
+the order of its encampment, and declaring in terms the crime of the
+outlaw and the sentence of outlawry, which may be either of two
+grades.
+
+In the lowest grade it is declared that if the man shall thereafter
+continue in the commission of similar crimes, it will be lawful for
+any person to kill him; and if killed, rightfully or wrongfully, his
+clan will not avenge his death.
+
+Outlawry of the highest degree makes it the duty of any member of the
+tribe who may meet with the offender to kill him.
+
+
+_MILITARY GOVERNMENT._
+
+The management of military affairs inheres in the military council and
+chief. The military council is composed of all the able-bodied men of
+the tribe; the military chief is chosen by the council from the
+Porcupine gens. Each gentile chief is responsible for the military
+training of the youth under his authority. There is usually one or
+more potential military chiefs, who are the close companions and
+assistants of the chief in time of war, and in case of the death of
+the chief, take his place in the order of seniority.
+
+Prisoners of war are adopted into the tribe or killed. To be adopted
+into the tribe, it is necessary that the prisoner should be adopted
+into some family. The warrior taking the prisoner has the first right
+to adopt him, and his male or female relatives have the right in the
+order of their kinship. If no one claims the prisoner for this
+purpose, he is caused to run the gauntlet as a test of his courage.
+
+If at his trial he behaves manfully, claimants are not wanting, but if
+he behaves disgracefully he is put to death.
+
+
+_FELLOWHOOD._
+
+There is an interesting institution found among the Wyandots, as among
+some other of our North American tribes, namely, that of fellowhood.
+Two young men agree to be perpetual friends to each other, or more
+than brothers. Each reveals to the other the secrets of his life, and
+counsels with him on matters of importance, and defends him from wrong
+and violence, and at his death is chief mourner.
+
+       *       *       *       *       *
+
+The government of the Wyandots, with the social organization upon
+which it is based, affords a typical example of tribal government
+throughout North America. Within that area there are several hundred
+distinct governments. In so great a number there is great variety, and
+in this variety we find different degrees of organization, the degrees
+of organization being determined by the differentiation of the
+functions of the government and the correlative specialization of
+organic elements.
+
+Much has yet to be done in the study of these governments before safe
+generalizations may be made. But enough is known to warrant the
+following statement:
+
+Tribal government in North America is based on kinship in that the
+fundamental units of social organization are bodies of consanguineal
+kindred either in the male or female line; these units being what has
+been well denominated "gentes."
+
+These "gentes" are organized into tribes by ties of relationship and
+affinity, and this organization is of such a character that the man's
+position in the tribe is fixed by his kinship. There is no place in a
+tribe for any person whose kinship is not fixed, and only those
+persons can be adopted into the tribe who are adopted into some family
+with artificial kinship specified. The fabric of Indian society is a
+complex tissue of kinship. The warp is made of streams of kinship
+blood, and the woof of marriage ties.
+
+With most tribes military and civil affairs are differentiated. The
+functions of civil government are in general differentiated only to
+this extent, that executive functions are performed by chiefs and
+sachems, but these chiefs and sachems are also members of the council.
+The council is legislature and court. Perhaps it were better to say
+that the council is the court whose decisions are law, and that the
+legislative body properly has not been developed.
+
+In general, crimes are well defined. Procedure is formal, and forms
+are held as of such importance that error therein is _prima facie_
+evidence that the subject-matter formulated was false.
+
+When one gens charges crime against a member of another, it can of its
+own motion proceed only to retaliation. To prevent retaliation, the
+gens of the offender must take the necessary steps to disprove the
+crime, or to compound or punish it. The charge once made is held as
+just and true until it has been disproved, and in trial the cause of
+the defendant is first stated. The anger of the prosecuting gens must
+be placated.
+
+In the tribal governments there are many institutions, customs, and
+traditions which give evidence of a former condition in which society
+was based not upon kinship, but upon marriage.
+
+From a survey of the facts it seems highly probably that kinship
+society, as it exists among the tribes of North America, has developed
+from connubial society, which is discovered elsewhere on the globe. In
+fact, there are a few tribes that seem scarcely to have passed that
+indefinite boundary between the two social states. Philologic research
+leads to the same conclusion.
+
+Nowhere in North America have a people been discovered who have passed
+beyond tribal society to national society based on property, i.e.,
+that form of society which is characteristic of civilization. Some
+peoples may not have reached kinship society; none have passed it.
+
+Nations with civilized institutions, art with palaces, monotheism as
+the worship of the Great Spirit, all vanish from the priscan condition
+of North America in the light of anthropologic research. Tribes with
+the social institutions of kinship, art with its highest architectural
+development exhibited in the structure of communal dwellings, and
+polytheism in the worship of mythic animals and nature-gods remain.
+
+
+
+
+INDEX
+
+
+Adultery, Wyandot law for, 66
+
+Chiefs, Wyandot, Election of, 61, 62
+Crimes, Wyandot laws for, 66, 67
+
+Encampment regulations (Wyandot), 64
+
+Family, The term, defined, 59
+Fellowhood, Wyandot institution of, 68
+
+Gens, The term, defined, 59
+Government, Wyandot civil, 61
+  Functions of, 63
+
+Kinship society, 68, 69
+
+Maiming, Wyandot law for, 66
+Marriage regulations (Wyandot), 63, 64
+Migration regulations (Wyandot), 64
+Military government (Wyandot), 68
+Murder, Wyandot law for, 66
+
+Name regulations of the Wyandot tribe, 64
+
+Outlawry, Wyandot institution of, 67
+
+Personal adornment regulations (Wyandot), 64
+Phratry defined, 60, 61
+
+Society, Kinship, 68, 69
+
+Theft, Wyandot law for, 66
+Treason, Wyandot law for, 67
+Tribal government based on kinship, 68, 69
+Tribal society, A study of (Wyandot), 59-69
+
+Witchcraft, Wyandot law for, 67
+Wyandot criminal laws, 66, 67
+  for adultery, 66
+  for maiming, 66
+  murder, 66
+  of outlawry, 67
+  for theft, 66
+  for treason, 67
+  for witchcraft, 67
+Wyandot government, 59-69
+Wyandot military government, 68
+Wyandot regulations, 63, 64
+  of encampment, 64
+  of migration, 64
+  of name, 64
+  of personal adornment, 64
+Wyandot rights, 65
+  of community, 65
+  of person, 65
+  of religion, 65
+
+
+
+[Transcriber's Note: This index is a subset of the original index
+assocated with _First Annual Report of the Bureau of Ethnology to the
+Secretary of the Smithsonian Institution, 1879-80_, by J. W. Powell.]
+
+
+
+
+
+End of the Project Gutenberg EBook of Wyandot Government: A Short Study of
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+<meta http-equiv="content-type" content="text/html; charset=utf-8" />


+<title>Wyandot Government: A Short Study of Tribal Society, by J.


+W. Powell.</title>


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+<pre>


+


+The Project Gutenberg EBook of Wyandot Government: A Short Study of Tribal


+Society, by John Wesley Powell


+


+This eBook is for the use of anyone anywhere at no cost and with


+almost no restrictions whatsoever.  You may copy it, give it away or


+re-use it under the terms of the Project Gutenberg License included


+with this eBook or online at www.gutenberg.org


+


+


+Title: Wyandot Government: A Short Study of Tribal Society


+       Bureau of American Ethnology


+


+Author: John Wesley Powell


+


+Release Date: October 25, 2005 [EBook #16947]


+


+Language: English


+


+Character set encoding: UTF-8


+


+*** START OF THIS PROJECT GUTENBERG EBOOK WYANDOT GOVERNMENT ***


+


+


+


+


+Produced by Carlo Traverso, Barbara Tozier, and the Online


+Distributed Proofreading Team at https://www.pgdp.net, from


+images generously made available by the Bibliotheque


+nationale de France at http://gallica.bnf.fr.


+


+


+


+


+


+


+</pre>


+


+<hr class="full" />


+<p><span class="pagenum"><a name="page57" id="page57"></a>[pg


+57]</span></p>


+<h4>SMITHSONIAN INSTITUTION&mdash;BUREAU OF ETHNOLOGY.</h4>


+<h4>J. W. POWELL, DIRECTOR.</h4>


+<hr class="short" />


+<h1>WYANDOT GOVERNMENT:</h1>


+<h2>A SHORT STUDY OF TRIBAL SOCIETY.</h2>


+<h4>BY</h4>


+<h2>J. W. POWELL.</h2>


+<!-- [pg 58] [Blank Page] -->


+<p><span class="pagenum"><a name="page59" id="page59"></a>[pg


+59]</span></p>


+<hr class="full" />


+<p>In the social organization of the Wyandots four groups are


+recognized&mdash;the family, the gens, the phratry, and the


+tribe.</p>


+<h2>THE FAMILY.</h2>


+<p>The family, as the term is here used, is nearly synonymous with


+the household. It is composed of the persons who occupy one lodge,


+or, in their permanent wigwams, one section of a communal dwelling.


+These permanent dwellings are constructed in an oblong form, of


+poles interwoven with bark. The fire is placed in line along the


+center, and is usually built for two families, one occupying the


+place on each side of the fire.</p>


+<p>The head of the family is a woman.</p>


+<h2>THE GENS.</h2>


+<p>The gens is an organized body of consanguineal kindred in the


+female line. &ldquo;The woman carries the gens,&rdquo; is the


+formulated statement by which a Wyandot expresses the idea that


+descent is in the female line. Each gens has the name of some


+animal, the ancient of such animal being its tutelar god. Up to the


+time that the tribe left Ohio, eleven gentes were recognized, as


+follows:</p>


+<p>Deer, Bear, Highland Turtle (striped), Highland Turtle (black),


+Mud Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake, and


+Porcupine.</p>


+<p>In speaking of an individual he is said to be a wolf, a bear, or


+a deer, as the case may be, meaning thereby that he belongs to that


+gens; but in speaking of the body of people comprising a gens, they


+are said to be relatives of the wolf, the bear, or the deer, as the


+case may be.</p>


+<p>There is a body of names belonging to each gens, so that each


+person&rsquo;s name indicates the gens to which he belongs. These


+names are <span class="pagenum"><a name="page60" id=


+"page60"></a>[pg 60]</span>derived from the characteristics,


+habits, attitudes, or mythologic stories connected with, the


+tutelar god.</p>


+<p>The following schedule presents the name of a man and a woman in


+each gens, as illustrating this statement:</p>


+<table summary="Sample names of people in each gens">


+<tr>


+<th></th>


+<th style="width:35%">Wun-d&aacute;t</th>


+<th>English.</th>


+</tr>


+<tr>


+<td>Man of Deer gens</td>


+<td>De-wa-t&iacute;-re</td>


+<td>Lean Deer.</td>


+</tr>


+<tr>


+<td>Woman of Deer gens</td>


+<td>A-ya-jin-ta</td>


+<td>Spotted Fawn.</td>


+</tr>


+<tr>


+<td>Man of Bear gens</td>


+<td>A-tu-e-t&#277;s</td>


+<td>Long Claws.</td>


+</tr>


+<tr>


+<td>Woman of Bear gens</td>


+<td>Ts&aacute;-ma&#8319;-da-ka-&eacute;</td>


+<td>Grunting for her Young.</td>


+</tr>


+<tr>


+<td>Man of Striped Turtle gens</td>


+<td>Ta-h&aacute;-so&#8319;-ta-ra-ta-se</td>


+<td>Going Around the Lake.</td>


+</tr>


+<tr>


+<td>Woman of Striped Turtle gens</td>


+<td>Tso-we-yu&ntilde;-kyu</td>


+<td>Gone from the Water.</td>


+</tr>


+<tr>


+<td>Man of Mud Turtle gens</td>


+<td>Sha-y&auml;n-tsu-wat&prime;</td>


+<td>Hard Skull.</td>


+</tr>


+<tr>


+<td>Woman of Mud Turtle gens</td>


+<td>Ya&#8319;-d&auml;c-u-r&auml;s</td>


+<td>Finding Sand Beach.</td>


+</tr>


+<tr>


+<td>Man of Smooth Large Turtle gens</td>


+<td>Hu&#8319;&prime;-du-cu-t&aacute;</td>


+<td>Throwing Sand.</td>


+</tr>


+<tr>


+<td>Woman of Smooth Large Turtle gens</td>


+<td>Tsu-ca-e&#8319;</td>


+<td>Slow Walker.</td>


+</tr>


+<tr>


+<td>Man of Wolf gens</td>


+<td>Ha-r&oacute;-u&#8319;-y&ucirc;</td>


+<td>One who goes about in the Dark; a Prowler.</td>


+</tr>


+<tr>


+<td>Woman of Wolf gens</td>


+<td>Ya&#8319;-di-no</td>


+<td>Always Hungry.</td>


+</tr>


+<tr>


+<td>Man of Snake gens</td>


+<td>Hu-ta-h&uacute;-sa</td>


+<td>Sitting in curled Position.</td>


+</tr>


+<tr>


+<td>Woman of Snake gens</td>


+<td>Di-j&eacute;-rons</td>


+<td>One who Ripples the Water.</td>


+</tr>


+<tr>


+<td>Man of Porcupine gens</td>


+<td>Ha&#8319;-d&uacute;-tu&#8319;</td>


+<td>The one who puts up Quills.</td>


+</tr>


+<tr>


+<td>Woman of Porcupine gens</td>


+<td>K&eacute;-ya-runs-kwa</td>


+<td>Good-Sighted.</td>


+</tr>


+</table>


+<h2>THE PHRATRY.</h2>


+<p>There are four phratries in the tribe, the three gentes Bear,


+Deer, and Striped Turtle constituting the first; the Highland


+Turtle, Black Turtle, and Smooth Large Turtle the second; the Hawk,


+Beaver, and Wolf the third, and the Sea Snake and Porcupine the


+fourth.</p>


+<p>This unit in their organization has a mythologic basis, and is


+chiefly used for religious purposes, in the preparation of


+medicines, and in festivals and games.</p>


+<p>The eleven gentes, as four phratries, constitute the tribe.</p>


+<p>Each gens is a body of consanguineal kindred in the female line,


+and each gens is allied to other gentes by consanguineal kinship


+through the male line, and by affinity through marriage.</p>


+<p>To be a member of the tribe it is necessary to be a member of a


+gens; to be a member of a gens it is necessary to belong to some


+family; and to belong to a family a person must have been born in


+the family so that his kinship is recognized, or he must be adopted


+into a family and become a son, brother, or some definite relative;


+and this artificial relationship gives him the same standing as


+actual relationship in the family, in the gens, in the phratry, and


+in the tribe.</p>


+<p><span class="pagenum"><a name="page61" id="page61"></a>[pg


+61]</span>Thus a tribe is a body of kindred.</p>


+<p>Of the four groups thus described, the gens, the phratry, and


+the tribe constitute the series of organic units; the family, or


+household as here described, is not a unit of the gens or phratry,


+as two gentes are represented in each&mdash;the father must belong


+to one gens, and the mother and, her children to another.</p>


+<h3>GOVERNMENT.</h3>


+<p>Society is maintained by the establishment of government, for


+rights must be recognized and duties performed.</p>


+<p>In this tribe there is found a complete differentiation of the


+military from the civil government.</p>


+<h3>CIVIL GOVERNMENT.</h3>


+<p>The civil government inheres in a system of councils and


+chiefs.</p>


+<p>In each gens there is a council, composed of four women, called


+<i>Yu&#803;-wa&iacute;-yu-w&aacute;-na</i>. These four women


+councillors select a chief of the gens from its male


+members&mdash;that is, from their brothers and sons. This gentile


+chief is the head of the gentile council.</p>


+<p>The coucil of the tribe is composed of the aggregated gentile


+councils. The tribal council, therefore, is composed one-fifth of


+men and four-fifths of women.</p>


+<p>The sachem of the tribe, or tribal chief, is chosen by the


+chiefs of the gentes.</p>


+<p>There is sometimes a grand council of the gens, composed of the


+councillors of the gens proper and all the heads of households and


+leading men&mdash;brothers and sons.</p>


+<p>There is also sometimes a grand council of the tribe, composed


+of the council of the tribe proper and the heads of households of


+the tribe, and all the leading men of the tribe.</p>


+<p>These grand councils are convened for special purposes.</p>


+<h3>METHODS OF CHOOSING AND INSTALLING COUNCILLORS AND CHIEFS.</h3>


+<p>The four women councillors of the gens are chosen by the heads


+of households, themselves being women. There is no formal election,


+but frequent discussion is had over the matter from time to time,


+in which a sentiment grows up within the gens and throughout the


+tribe that, in the event of the death of any councillor, a certain


+person will take her place.</p>


+<p>In this manner there is usually one, two, or more potential


+councillors in each gens who are expected to attend all the


+meetings of the council, though they take no part in the


+deliberations and have no vote.</p>


+<p>When a woman is installed as councillor a feast is prepared by


+the gens to which she belongs, and to this feast all the members of


+the tribe are invited. The woman is painted and dressed in her best


+attire and the sachem of the tribe places upon her head the gentile


+chaplet of feathers, and announces in a formal manner to the


+assembled guests that <span class="pagenum"><a name="page62" id=


+"page62"></a>[pg 62]</span>the woman has been chosen a councillor.


+The ceremony is followed by feasting and dancing, often continued


+late into the night.</p>


+<p>The gentile chief is chosen by the council women after


+consultation with the other women and men of the gens. Often the


+gentile chief is a potential chief through a period of probation.


+During this time he attends the meetings of the council, but takes


+no part in the deliberations, and has no vote.</p>


+<p>At his installation, the council women invest him with an


+elaborately ornamented tunic, place upon his head a chaplet of


+feathers, and paint the gentile totem on his face. The sachem of


+the tribe then announces to the people that the man has been made


+chief of the gens, and admitted to the council. This is also


+followed by a festival.</p>


+<p>The sachem of the tribe is selected by the men belonging to the


+council of the tribe. Formerly the sachemship inhered in the Bear


+gens, but at present he is chosen from the Deer gens, from the


+fact, as the Wyandots say, that death has carried away all the wise


+men of the Bear gens.</p>


+<p>The chief of the Wolf gens is the herald and the sheriff of the


+tribe. He superintends the erection of the council-house and has


+the care of it. He calls the council together in a formal manner


+when directed by the sachem. He announces to the tribe all the


+decisions of the council, and executes the directions of the


+council and of the sachem.</p>


+<p>Gentile councils are held frequently from day to day and from


+week to week, and are called by the chief whenever deemed


+necessary. When matters before the council are considered of great


+importance, a grand council of the gens may be called.</p>


+<p>The tribal council is held regularly on the night of the full


+moon of each lunation and at such other times as the sachem may


+determine; but extra councils are usually called by the sachem at


+the request of a number of councilors.</p>


+<p>Meetings of the gentile councils are very informal, but the


+meetings of the tribal councils are conducted with due ceremony.


+When all the persons are assembled, the chief of the Wolf gens


+calls them to order, fills and lights a pipe, sends one puff of


+smoke to the heavens and another to the earth. The pipe is then


+handed to the sachem, who fills his mouth with smoke, and, turning


+from left to right with the sun, slowly puffs it out over the heads


+of the councilors, who are sitting in a circle. He then hands the


+pipe to the man on his left, and it is smoked in turn by each


+person until it has been passed around the circle. The sachem then


+explains the object for which the council is called. Each person in


+the way and manner he chooses tells what he thinks should be done


+in the case. If a majority of the council is agreed as to action,


+the sachem does not speak, but may simply announce the decision.


+But in some cases there may be protracted debate, which is carried


+on with great deliberation. In case of a tie, the sachem is


+expected to speak.</p>


+<p>It is considered dishonorable for any man to reverse his


+decision after having spoken.</p>


+<p>Such are the organic elements of the Wyandot government.</p>


+<p><span class="pagenum"><a name="page63" id="page63"></a>[pg


+63]</span></p>


+<h3>FUNCTIONS OF CIVIL GOVERNMENT.</h3>


+<p>It is the function of government to preserve rights and enforce


+the performance of duties. Rights and duties are co-relative.


+Rights imply duties, and duties imply rights. The right inhering in


+the party of the first part imposes a duty on the party of the


+second part. The right and its co-relative duty are inseparable


+parts of a relation that must be maintained by government; and the


+relations which governments are established to maintain may be


+treated under the general head of rights.</p>


+<p>In Wyandot government these rights may be classed as


+follows:</p>


+<ul>


+<li>First&mdash;Rights of marriage.</li>


+<li>Second&mdash;Rights to names.</li>


+<li>Third&mdash;Rights to personal adornments.</li>


+<li>Fourth&mdash;Rights of order in encampments and


+migrations.</li>


+<li>Fifth&mdash;Rights of property.</li>


+<li>Sixth&mdash;Rights of person.</li>


+<li>Seventh&mdash;Rights of community.</li>


+<li>Eighth&mdash;Rights of religion.</li>


+</ul>


+<p>To maintain rights, rules of conduct are established, not by


+formal enactment, but by regulated usage. Such custom-made laws may


+be called regulations.</p>


+<h3>MARRIAGE REGULATIONS.</h3>


+<p>Marriage between members of the same gens is forbidden, but


+consanguineal marriages between persons of different gentes are


+permitted. For example, a man may not marry his mother&rsquo;s


+sister&rsquo;s daughter, as she belongs to the same gens with


+himself; but he can marry his father&rsquo;s sister&rsquo;s


+daughter, because she belongs to a different gens.</p>


+<p>Husbands retain all their rights and privileges in their own


+gentes, though they live with the gentes of their wives. Children,


+irrespective of sex, belong to the gens of the mother. Men and


+women must marry within the tribe. A woman taken to wife from


+without the tribe must first be adopted into some family of a gens


+other than that to which the man belongs. That a woman may take for


+a husband a man without the tribe he must also be adopted into the


+family of some gens other than that of the woman. What has been


+called by some ethnologists endogamy and exogamy are correlative


+parts of one regulation, and the Wyandots, like all other tribes of


+which we have any knowledge in North America, are both endogamous


+and exogamous.</p>


+<p>Polygamy is permitted, but the wives must belong to different


+gentes. The first wife remains the head of the household. Polyandry


+is prohibited.</p>


+<p>A man seeking a wife consults her mother, sometimes direct, and


+sometimes through his own mother. The mother of the girl advises


+with the women councilors to obtain their consent, and the young


+people <span class="pagenum"><a name="page64" id="page64"></a>[pg


+64]</span>usually submit quietly to their decision. Sometimes the


+women councilors consult with the men.</p>


+<p>When a girl is betrothed, the man makes such presents to the


+mother as he can. It is customary to consummate the marriage before


+the end of the moon in which the betrothal is made. Bridegroom and


+bride make promises of faithfulness to the parents and women


+councilors of both parties. It is customary to give a marriage


+feast, in which the gentes of both parties take part. For a short


+time at least, bride and groom live with the bride&rsquo;s mother,


+or rather in the original household of the bride.</p>


+<p>The time when they will set up housekeeping for themselves is


+usually arranged before marriage.</p>


+<p>In the event of the death of the mother, the children belong to


+her sister or to her nearest female kin, the matter being settled


+by the council women of the gens. As the children belong to the


+mother, on the death of the father the mother and children are


+cared for by her nearest male relative until subsequent


+marriage.</p>


+<h3>NAME REGULATIONS.</h3>


+<p>It has been previously explained that there is a body of names,


+the exclusive property of each gens. Once a year, at the green-corn


+festival, the council women of the gens select the names for the


+children born during the previous year, and the chief of the gens


+proclaims these names at the festival. No person may change his


+name, but every person, man or woman, by honorable or dishonorable


+conduct, or by remarkable circumstance, may win a second name


+commemorative of deed or circumstance, which is a kind of


+title.</p>


+<h3>REGULATIONS OF PERSONAL ADORNMENT.</h3>


+<p>Each clan has a distinctive method of painting the face, a


+distinctive chaplet to be worn by the gentile chief and council


+women when they are inaugurated, and subsequently at festival


+occasions, and distinctive ornaments for all its members, to be


+used at festivals and religious ceremonies.</p>


+<h3>REGULATIONS OF ORDER IN ENCAMPMENT AND MIGRATIONS.</h3>


+<p>The camp of the tribe is in an open circle or horse-shoe, and


+the gentes camp in following order, beginning on the left and going


+around to the right:</p>


+<p>Deer, Bear, Highland Turtle (striped), Highland Turtle (black),


+Mud Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake,


+Porcupine.</p>


+<p>The order in which the households camp in the gentile group is


+regulated by the gentile councilors and adjusted from time to time


+in such a manner that the oldest family is placed on the left, and


+the youngest on the right. In migrations and expeditions the order


+of travel follows the analogy of encampment.</p>


+<p><span class="pagenum"><a name="page65" id="page65"></a>[pg


+65]</span></p>


+<h3>PROPERTY RIGHTS.</h3>


+<p>Within the area claimed by the tribe each gens occupies a


+smaller tract for the purpose of cultivation. The right of the gens


+to cultivate a particular tract is a matter settled in the council


+of the tribe, and the gens may abandon one tract for another only


+with the consent of the tribe. The women councillors partition the


+gentile land among the householders, and the household tracts are


+distinctly marked by them. The ground is re-partitioned once in two


+years. The heads of households are responsible for the cultivation


+of the tract, and should this duty be neglected the council of the


+gens calls the responsible parties to account.</p>


+<p>Cultivation is communal; that is, all of the able-bodied women


+of the gens take part in the cultivation of each household tract in


+the following manner:</p>


+<p>The head of the household sends her brother or son into the


+forest or to the stream to bring in game or fish for a feast; then


+the able-bodied women of the gens are invited to assist in the


+cultivation of the land, and when this work is done a feast is


+given.</p>


+<p>The wigwam or lodge and all articles of the household belong to


+the woman&mdash;the head of the household&mdash;and at her death


+are inherited by her eldest daughter, or nearest of female kin. The


+matter is settled by the council women. If the husband die his


+property is inherited by his brother or his sister&rsquo;s son,


+except such portion as may be buried with him. His property


+consists of his clothing, hunting and fishing implements, and such


+articles as are used personally by himself.</p>


+<p>Usually a small canoe is the individual property of the man.


+Large canoes are made by the male members of the gentes, and are


+the property of the gentes.</p>


+<h3>RIGHTS OF PERSON.</h3>


+<p>Each individual has a right to freedom of person and security


+from personal and bodily injury, unless adjudged guilty of crime by


+proper authority.</p>


+<h3>COMMUNITY RIGHTS.</h3>


+<p>Each gens has the right to the services of all its women in the


+cultivation of the soil. Each gens has the right to the service of


+all its male members in avenging wrongs, and the tribe has the


+right to the service of all its male members in time of war.</p>


+<h3>RIGHTS OF RELIGION.</h3>


+<p>Each phratry has the right to certain religious ceremonies and


+the preparation of certain medicines.</p>


+<p>Each gens has the exclusive right to worship its tutelar god,


+and each individual has the exclusive right to the possession and


+use of a particular amulet.</p>


+<p><span class="pagenum"><a name="page66" id="page66"></a>[pg


+66]</span></p>


+<h3>CRIMES.</h3>


+<p>The violations of right are crimes. Some of the crimes


+recognized by the Wyandots are as follows:</p>


+<ol>


+<li>Adultery.</li>


+<li>Theft.</li>


+<li>Maiming.</li>


+<li>Murder.</li>


+<li>Treason.</li>


+<li>Witchcraft.</li>


+</ol>


+<p>A maiden guilty of fornication may be punished by her mother or


+female guardian, but if the crime is flagrant and repeated, so as


+to become a matter of general gossip, and the mother fails to


+correct it, the matter may be taken up by the council women of the


+gens.</p>


+<p>A woman guilty of adultery, for the first offense is punished by


+having her hair cropped; for repeated offenses her left ear is cut


+off.</p>


+<h3>THEFT.</h3>


+<p>The punishment for theft is twofold restitution. When the


+prosecutor and prosecuted belong to the same gens, the trial is


+before the council of the gens, and from it there is no appeal. If


+the parties involved are of different gentes, the prosecutor,


+through the head of his household, lays the matter before the


+council of his own gens; by it the matter is laid before the


+gentile council of the accused in a formal manner. Thereupon it


+becomes the duty of the council of the accused to investigate the


+facts for themselves, and to settle the matter with the council of


+the plaintiff. Failure thus to do is followed by retaliation in the


+seizing of any property of the gens which may be found.</p>


+<h3>MAIMING.</h3>


+<p>Maiming is compounded, and the method of procedure in


+prosecution is essentially the same as for theft.</p>


+<h3>MURDER.</h3>


+<p>In the case of murder, if both parties are members of the same


+gens, the matter is tried by the gentile council on complaint of


+the head of the household, but there may be an appeal to the


+council of the tribe. Where the parties belong to different gentes,


+complaint is formally made by the injured party, through the chief


+of his gens, in the following manner:</p>


+<p>A wooden tablet is prepared, upon which is inscribed the totem


+or heraldic emblem of the injured man&rsquo;s gens, and a


+picture-writing setting forth the offense follows.</p>


+<p>The gentile chief appears before the chief of the council of the


+offender, and formally states the offense, explaining the


+picture-writing, which is then delivered.</p>


+<p>A council of the offender&rsquo;s gens is thereupon called and a


+trial is held. It is the duty of this council to examine the


+evidence for themselves and <span class="pagenum"><a name="page67"


+id="page67"></a>[pg 67]</span>to come to a conclusion without


+further presentation of the matter on the part of the person


+aggrieved. Having decided the matter among themselves, they appear


+before the chief of the council of the aggrieved party to offer


+compensation.</p>


+<p>If the gens of the offender fail to settle the matter with the


+gens of the aggrieved party, it is the duty of his nearest relative


+to avenge the wrong. Either party may appeal to the council of the


+tribe. The appeal must be made in due form, by the presentation of


+a tablet of accusation.</p>


+<p>Inquiry into the effect of a failure to observe prescribed


+formalities developed an interesting fact. In procedure against


+crime, failure in formality is not considered a violation of the


+rights of the accused, but proof of his innocence. It is considered


+supernatural evidence that the charges are false. In trials for all


+offenses forms of procedure are, therefore, likely to be earnestly


+questioned.</p>


+<h3>TREASON.</h3>


+<p>Treason consists in revealing the secrets of the medicine


+preparations or giving other information or assistance to enemies


+of the tribe, and is punished by death. The trial is before the


+council of the tribe.</p>


+<h3>WITCHCRAFT.</h3>


+<p>Witchcraft is punished by death, stabbing, tomahawking, or


+burning. Charges of witchcraft are investigated by the grand


+council of the tribe. When the accused is adjudged guilty, he may


+appeal to supernatural judgment. The test is by fire. A circular


+fire is built on the ground, through which the accused must run


+from east and west and from north to south. If no injury is


+received he is adjudged innocent; if he falls into the fire he is


+adjudged guilty. Should a person accused of having the general


+reputation of practicing witchcraft become deaf, blind, or have


+sore eyes, earache, headache, or other diseases considered


+loathsome, he is supposed to have failed in practicing his arts


+upon others, and to have fallen a victim to them himself. Such


+cases are most likely to be punished.</p>


+<h3>OUTLAWRY.</h3>


+<p>The institution of outlawry exists among the Wyandots in a


+peculiar form. An outlaw is one who by his crimes has placed


+himself without the protection of his clan. A man can be declared


+an outlaw by his own clan, who thus publish to the tribe that they


+will not defend him in case he is injured by another. But usually


+outlawry is declared only after trial before the tribal


+council.</p>


+<p>The method of procedure is analogous to that in case of murder.


+When the person has been adjudged guilty and sentence of outlawry


+declared, it is the duty of the chief of the Wolf clan to make


+known the decision of the council. This he does by appearing before


+each clan in the order <span class="pagenum"><a name="page68" id=


+"page68"></a>[pg 68]</span>of its encampment, and declaring in


+terms the crime of the outlaw and the sentence of outlawry, which


+may be either of two grades.</p>


+<p>In the lowest grade it is declared that if the man shall


+thereafter continue in the commission of similar crimes, it will be


+lawful for any person to kill him; and if killed, rightfully or


+wrongfully, his clan will not avenge his death.</p>


+<p>Outlawry of the highest degree makes it the duty of any member


+of the tribe who may meet with the offender to kill him.</p>


+<h3>MILITARY GOVERNMENT.</h3>


+<p>The management of military affairs inheres in the military


+council and chief. The military council is composed of all the


+able-bodied men of the tribe; the military chief is chosen by the


+council from the Porcupine gens. Each gentile chief is responsible


+for the military training of the youth under his authority. There


+is usually one or more potential military chiefs, who are the close


+companions and assistants of the chief in time of war, and in case


+of the death of the chief, take his place in the order of


+seniority.</p>


+<p>Prisoners of war are adopted into the tribe or killed. To be


+adopted into the tribe, it is necessary that the prisoner should be


+adopted into some family. The warrior taking the prisoner has the


+first right to adopt him, and his male or female relatives have the


+right in the order of their kinship. If no one claims the prisoner


+for this purpose, he is caused to run the gauntlet as a test of his


+courage.</p>


+<p>If at his trial he behaves manfully, claimants are not wanting,


+but if he behaves disgracefully he is put to death.</p>


+<h3>FELLOWHOOD.</h3>


+<p>There is an interesting institution found among the Wyandots, as


+among some other of our North American tribes, namely, that of


+fellowhood. Two young men agree to be perpetual friends to each


+other, or more than brothers. Each reveals to the other the secrets


+of his life, and counsels with him on matters of importance, and


+defends him from wrong and violence, and at his death is chief


+mourner.</p>


+<p class="spacedTB">The government of the Wyandots, with the social


+organization upon which it is based, affords a typical example of


+tribal government throughout North America. Within that area there


+are several hundred distinct governments. In so great a number


+there is great variety, and in this variety we find different


+degrees of organization, the degrees of organization being


+determined by the differentiation of the functions of the


+government and the correlative specialization of organic


+elements.</p>


+<p>Much has yet to be done in the study of these governments before


+safe generalizations may be made. But enough is known to warrant


+the following statement:</p>


+<p>Tribal government in North America is based on kinship in that


+the fundamental units of social organization are bodies of


+consanguineal <span class="pagenum"><a name="page69" id=


+"page69"></a>[pg 69]</span>kindred either in the male or female


+line; these units being what has been well denominated


+&ldquo;gentes.&rdquo;</p>


+<p>These &ldquo;gentes&rdquo; are organized into tribes by ties of


+relationship and affinity, and this organization is of such a


+character that the man&rsquo;s position in the tribe is fixed by


+his kinship. There is no place in a tribe for any person whose


+kinship is not fixed, and only those persons can be adopted into


+the tribe who are adopted into some family with artificial kinship


+specified. The fabric of Indian society is a complex tissue of


+kinship. The warp is made of streams of kinship blood, and the woof


+of marriage ties.</p>


+<p>With most tribes military and civil affairs are differentiated.


+The functions of civil government are in general differentiated


+only to this extent, that executive functions are performed by


+chiefs and sachems, but these chiefs and sachems are also members


+of the council. The council is legislature and court. Perhaps it


+were better to say that the council is the court whose decisions


+are law, and that the legislative body properly has not been


+developed.</p>


+<p>In general, crimes are well defined. Procedure is formal, and


+forms are held as of such importance that error therein is <i>prima


+facie</i> evidence that the subject-matter formulated was


+false.</p>


+<p>When one gens charges crime against a member of another, it can


+of its own motion proceed only to retaliation. To prevent


+retaliation, the gens of the offender must take the necessary steps


+to disprove the crime, or to compound or punish it. The charge once


+made is held as just and true until it has been disproved, and in


+trial the cause of the defendant is first stated. The anger of the


+prosecuting gens must be placated.</p>


+<p>In the tribal governments there are many institutions, customs,


+and traditions which give evidence of a former condition in which


+society was based not upon kinship, but upon marriage.</p>


+<p>From a survey of the facts it seems highly probably that kinship


+society, as it exists among the tribes of North America, has


+developed from connubial society, which is discovered elsewhere on


+the globe. In fact, there are a few tribes that seem scarcely to


+have passed that indefinite boundary between the two social states.


+Philologic research leads to the same conclusion.</p>


+<p>Nowhere in North America have a people been discovered who have


+passed beyond tribal society to national society based on property,


+<i>i.&nbsp;e.</i>, that form of society which is characteristic of


+civilization. Some peoples may not have reached kinship society;


+none have passed it.</p>


+<p>Nations with civilized institutions, art with palaces,


+monotheism as the worship of the Great Spirit, all vanish from the


+priscan condition of North America in the light of anthropologic


+research. Tribes with the social institutions of kinship, art with


+its highest architectural development exhibited in the structure of


+communal dwellings, and polytheism in the worship of mythic animals


+and nature-gods remain.</p>


+<!-- [pg 70][Blank Page] -->


+<hr />


+<h2>Index</h2>


+<ul>


+<li>Adultery, Wyandot law for, <a href="#page66">66</a></li>


+</ul>


+<ul>


+<li>Chiefs, Wyandot, Election of, <a href="#page61">61</a>,


+<a href="#page62">62</a></li>


+<li>Crimes, Wyandot laws for, <a href="#page66">66</a>, <a href=


+"#page67">67</a></li>


+</ul>


+<ul>


+<li>Encampment regulations (Wyandot), <a href="#page64">64</a></li>


+</ul>


+<ul>


+<li>Family, The term, defined, <a href="#page59">59</a></li>


+<li>Fellowhood, Wyandot institution of, <a href=


+"#page68">68</a></li>


+</ul>


+<ul>


+<li>Gens, The term, defined, <a href="#page59">59</a></li>


+<li>Government, Wyandot civil, <a href="#page61">61</a>


+<ul>


+<li>Functions of, <a href="#page63">63</a></li>


+</ul>


+</li>


+</ul>


+<ul>


+<li>Kinship society, <a href="#page68">68</a>, <a href=


+"#page69">69</a></li>


+</ul>


+<ul>


+<li>Maiming, Wyandot law for, <a href="#page66">66</a></li>


+<li>Marriage regulations (Wyandot), <a href="#page63">63</a>,


+<a href="#page64">64</a></li>


+<li>Migration regulations (Wyandot), <a href="#page64">64</a></li>


+<li>Military government (Wyandot), <a href="#page68">68</a></li>


+<li>Murder, Wyandot law for, <a href="#page66">66</a></li>


+</ul>


+<ul>


+<li>Name regulations of the Wyandot tribe, <a href=


+"#page64">64</a></li>


+</ul>


+<ul>


+<li>Outlawry, Wyandot institution of, <a href="#page67">67</a></li>


+</ul>


+<ul>


+<li>Personal adornment regulations (Wyandot), <a href=


+"#page64">64</a></li>


+<li>Phratry defined, <a href="#page60">60</a>, <a href=


+"#page61">61</a></li>


+</ul>


+<ul>


+<li>Society, Kinship, <a href="#page68">68</a>, <a href=


+"#page69">69</a></li>


+</ul>


+<ul>


+<li>Theft, Wyandot law for, <a href="#page66">66</a></li>


+<li>Treason, Wyandot law for, <a href="#page67">67</a></li>


+<li>Tribal government based on kinship, <a href="#page68">68</a>,


+<a href="#page69">69</a></li>


+<li>Tribal society, A study of (Wyandot), <a href=


+"#page59">59-69</a></li>


+</ul>


+<ul>


+<li>Witchcraft, Wyandot law for, <a href="#page67">67</a></li>


+<li>Wyandot criminal laws, <a href="#page66">66</a>, <a href=


+"#page67">67</a>


+<ul>


+<li>for adultery, <a href="#page66">66</a></li>


+<li>for maiming, <a href="#page66">66</a></li>


+<li>murder, <a href="#page66">66</a></li>


+<li>of outlawry, <a href="#page67">67</a></li>


+<li>for theft, <a href="#page66">66</a></li>


+<li>for treason, <a href="#page67">67</a></li>


+<li>for witchcraft, <a href="#page67">67</a></li>


+</ul>


+</li>


+<li>Wyandot government, <a href="#page59">59-69</a></li>


+<li>Wyandot military government, <a href="#page68">68</a></li>


+<li>Wyandot regulations, <a href="#page63">63</a>, <a href=


+"#page64">64</a>


+<ul>


+<li>of encampment, <a href="#page64">64</a></li>


+<li>of migration, <a href="#page64">64</a></li>


+<li>of name, <a href="#page64">64</a></li>


+<li>of personal adornment, <a href="#page64">64</a></li>


+</ul>


+</li>


+<li>Wyandot rights, <a href="#page65">65</a>


+<ul>


+<li>of community, <a href="#page65">65</a></li>


+<li>of person, <a href="#page65">65</a></li>


+<li>of religion, <a href="#page65">65</a></li>


+</ul>


+</li>


+</ul>


+<p class="transNote spacedTB">Transcriber&rsquo;s Note: This index


+is a subset of the original index assocated with <i>First Annual


+Report of the Bureau of Ethnology to the Secretary of the


+Smithsonian Institution, 1879-80</i>, by J. W. Powell.</p>


+<hr class="full" />


+


+


+


+


+


+


+


+<pre>


+


+


+


+


+


+End of the Project Gutenberg EBook of Wyandot Government: A Short Study of


+Tribal Society, by John Wesley Powell


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diff --git a/16947.txt b/16947.txt
new file mode 100644
index 0000000..c5a3a2c
--- /dev/null
+++ b/16947.txt
@@ -0,0 +1,1135 @@
+The Project Gutenberg EBook of Wyandot Government: A Short Study of Tribal
+Society, by John Wesley Powell
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Wyandot Government: A Short Study of Tribal Society
+       Bureau of American Ethnology
+
+Author: John Wesley Powell
+
+Release Date: October 25, 2005 [EBook #16947]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK WYANDOT GOVERNMENT ***
+
+
+
+
+Produced by Carlo Traverso, Barbara Tozier, and the Online
+Distributed Proofreading Team at https://www.pgdp.net, from
+images generously made available by the Bibliotheque
+nationale de France at http://gallica.bnf.fr.
+
+
+
+
+
+[Transcriber's Note: This text uses several diacritical marks: [)e]
+represents "e with breve," [n] represents "superscript n," ' at
+the end of syllables is a prime mark, [u.] represents "u with dot
+below."]
+
+
+
+
+SMITHSONIAN INSTITUTION--BUREAU OF ETHNOLOGY.
+
+J. W. POWELL, DIRECTOR.
+
+
+
+
+WYANDOT GOVERNMENT:
+
+A SHORT STUDY OF TRIBAL SOCIETY.
+
+
+
+BY
+
+
+
+J. W. POWELL.
+
+
+
+
+In the social organization of the Wyandots four groups are
+recognized--the family, the gens, the phratry, and the tribe.
+
+
+THE FAMILY.
+
+The family, as the term is here used, is nearly synonymous with the
+household. It is composed of the persons who occupy one lodge, or, in
+their permanent wigwams, one section of a communal dwelling. These
+permanent dwellings are constructed in an oblong form, of poles
+interwoven with bark. The fire is placed in line along the center, and
+is usually built for two families, one occupying the place on each
+side of the fire.
+
+The head of the family is a woman.
+
+
+THE GENS.
+
+The gens is an organized body of consanguineal kindred in the female
+line. "The woman carries the gens," is the formulated statement by
+which a Wyandot expresses the idea that descent is in the female line.
+Each gens has the name of some animal, the ancient of such animal
+being its tutelar god. Up to the time that the tribe left Ohio, eleven
+gentes were recognized, as follows:
+
+Deer, Bear, Highland Turtle (striped), Highland Turtle (black), Mud
+Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake, and
+Porcupine.
+
+In speaking of an individual he is said to be a wolf, a bear, or a
+deer, as the case may be, meaning thereby that he belongs to that
+gens; but in speaking of the body of people comprising a gens, they
+are said to be relatives of the wolf, the bear, or the deer, as the
+case may be.
+
+There is a body of names belonging to each gens, so that each person's
+name indicates the gens to which he belongs. These names are derived
+from the characteristics, habits, attitudes, or mythologic stories
+connected with, the tutelar god.
+
+The following schedule presents the name of a man and a woman in each
+gens, as illustrating this statement:
+
+                          Wun-dat                  English.
+
+  Man of Deer gens        De-wa-ti-re              Lean Deer.
+  Woman of Deer gens      A-ya-jin-ta              Spotted Fawn.
+  Man of Bear gens        A-tu-e-t[)e]s            Long Claws.
+  Woman of Bear gens      Tsa-ma[n]-da-ka-e        Grunting for her
+                                                      Young.
+  Man of Striped Turtle   Ta-ha-so[n]-ta-ra-ta-se  Going Around the
+    gens                                              Lake.
+  Woman of Striped        Tso-we-yun-kyu           Gone from the Water.
+    Turtle gens
+  Man of Mud Turtle gens  Sha-yaen-tsu-wat'         Hard Skull.
+  Woman of Mud            Ya[n]-daec-u-raes          Finding Sand Beach.
+    Turtle gens
+  Man of Smooth Large     Hu[n]'-du-cu-ta          Throwing Sand.
+    Turtle gens
+  Woman of Smooth         Tsu-ca-e[n]              Slow Walker.
+    Large Turtle gens
+  Man of Wolf gens        Ha-ro-u[n]-yu            One who goes about in
+                                                      the Dark; a Prowler.
+  Woman of Wolf gens      Ya[n]-di-no              Always Hungry.
+  Man of Snake gens       Hu-ta-hu-sa              Sitting in curled
+                                                      Position.
+  Woman of Snake gens     Di-je-rons               One who Ripples the
+                                                      Water.
+  Man of Porcupine gens   Ha[n]-du-tu[n]           The one who puts up
+                                                      Quills.
+  Woman of Porcupine      Ke-ya-runs-kwa           Good-Sighted.
+    gens
+
+
+THE PHRATRY.
+
+There are four phratries in the tribe, the three gentes Bear, Deer,
+and Striped Turtle constituting the first; the Highland Turtle, Black
+Turtle, and Smooth Large Turtle the second; the Hawk, Beaver, and Wolf
+the third, and the Sea Snake and Porcupine the fourth.
+
+This unit in their organization has a mythologic basis, and is chiefly
+used for religious purposes, in the preparation of medicines, and in
+festivals and games.
+
+The eleven gentes, as four phratries, constitute the tribe.
+
+Each gens is a body of consanguineal kindred in the female line, and
+each gens is allied to other gentes by consanguineal kinship through
+the male line, and by affinity through marriage.
+
+To be a member of the tribe it is necessary to be a member of a gens;
+to be a member of a gens it is necessary to belong to some family; and
+to belong to a family a person must have been born in the family so
+that his kinship is recognized, or he must be adopted into a family
+and become a son, brother, or some definite relative; and this
+artificial relationship gives him the same standing as actual
+relationship in the family, in the gens, in the phratry, and in the
+tribe.
+
+Thus a tribe is a body of kindred.
+
+Of the four groups thus described, the gens, the phratry, and the
+tribe constitute the series of organic units; the family, or household
+as here described, is not a unit of the gens or phratry, as two gentes
+are represented in each--the father must belong to one gens, and the
+mother and, her children to another.
+
+
+_GOVERNMENT._
+
+Society is maintained by the establishment of government, for rights
+must be recognized and duties performed.
+
+In this tribe there is found a complete differentiation of the
+military from the civil government.
+
+
+_CIVIL GOVERNMENT._
+
+The civil government inheres in a system of councils and chiefs.
+
+In each gens there is a council, composed of four women, called
+_Y[u.]-wai-yu-wa-na_. These four women councillors select a chief of
+the gens from its male members--that is, from their brothers and sons.
+This gentile chief is the head of the gentile council.
+
+The coucil of the tribe is composed of the aggregated gentile
+councils. The tribal council, therefore, is composed one-fifth of men
+and four-fifths of women.
+
+The sachem of the tribe, or tribal chief, is chosen by the chiefs of
+the gentes.
+
+There is sometimes a grand council of the gens, composed of the
+councillors of the gens proper and all the heads of households and
+leading men--brothers and sons.
+
+There is also sometimes a grand council of the tribe, composed of the
+council of the tribe proper and the heads of households of the tribe,
+and all the leading men of the tribe.
+
+These grand councils are convened for special purposes.
+
+
+_METHODS OF CHOOSING AND INSTALLING COUNCILLORS AND CHIEFS._
+
+The four women councillors of the gens are chosen by the heads of
+households, themselves being women. There is no formal election, but
+frequent discussion is had over the matter from time to time, in which
+a sentiment grows up within the gens and throughout the tribe that, in
+the event of the death of any councillor, a certain person will take
+her place.
+
+In this manner there is usually one, two, or more potential
+councillors in each gens who are expected to attend all the meetings
+of the council, though they take no part in the deliberations and have
+no vote.
+
+When a woman is installed as councillor a feast is prepared by the
+gens to which she belongs, and to this feast all the members of the
+tribe are invited. The woman is painted and dressed in her best attire
+and the sachem of the tribe places upon her head the gentile chaplet
+of feathers, and announces in a formal manner to the assembled guests
+that the woman has been chosen a councillor. The ceremony is followed
+by feasting and dancing, often continued late into the night.
+
+The gentile chief is chosen by the council women after consultation
+with the other women and men of the gens. Often the gentile chief is a
+potential chief through a period of probation. During this time he
+attends the meetings of the council, but takes no part in the
+deliberations, and has no vote.
+
+At his installation, the council women invest him with an elaborately
+ornamented tunic, place upon his head a chaplet of feathers, and paint
+the gentile totem on his face. The sachem of the tribe then announces
+to the people that the man has been made chief of the gens, and
+admitted to the council. This is also followed by a festival.
+
+The sachem of the tribe is selected by the men belonging to the
+council of the tribe. Formerly the sachemship inhered in the Bear
+gens, but at present he is chosen from the Deer gens, from the fact,
+as the Wyandots say, that death has carried away all the wise men of
+the Bear gens.
+
+The chief of the Wolf gens is the herald and the sheriff of the tribe.
+He superintends the erection of the council-house and has the care of
+it. He calls the council together in a formal manner when directed by
+the sachem. He announces to the tribe all the decisions of the
+council, and executes the directions of the council and of the sachem.
+
+Gentile councils are held frequently from day to day and from week to
+week, and are called by the chief whenever deemed necessary. When
+matters before the council are considered of great importance, a grand
+council of the gens may be called.
+
+The tribal council is held regularly on the night of the full moon of
+each lunation and at such other times as the sachem may determine; but
+extra councils are usually called by the sachem at the request of a
+number of councilors.
+
+Meetings of the gentile councils are very informal, but the meetings
+of the tribal councils are conducted with due ceremony. When all the
+persons are assembled, the chief of the Wolf gens calls them to order,
+fills and lights a pipe, sends one puff of smoke to the heavens and
+another to the earth. The pipe is then handed to the sachem, who fills
+his mouth with smoke, and, turning from left to right with the sun,
+slowly puffs it out over the heads of the councilors, who are sitting
+in a circle. He then hands the pipe to the man on his left, and it is
+smoked in turn by each person until it has been passed around the
+circle. The sachem then explains the object for which the council is
+called. Each person in the way and manner he chooses tells what he
+thinks should be done in the case. If a majority of the council is
+agreed as to action, the sachem does not speak, but may simply
+announce the decision. But in some cases there may be protracted
+debate, which is carried on with great deliberation. In case of a tie,
+the sachem is expected to speak.
+
+It is considered dishonorable for any man to reverse his decision
+after having spoken.
+
+Such are the organic elements of the Wyandot government.
+
+
+_FUNCTIONS OF CIVIL GOVERNMENT._
+
+It is the function of government to preserve rights and enforce the
+performance of duties. Rights and duties are co-relative. Rights imply
+duties, and duties imply rights. The right inhering in the party of
+the first part imposes a duty on the party of the second part. The
+right and its co-relative duty are inseparable parts of a relation
+that must be maintained by government; and the relations which
+governments are established to maintain may be treated under the
+general head of rights.
+
+In Wyandot government these rights may be classed as follows:
+
+  First--Rights of marriage.
+  Second--Rights to names.
+  Third--Rights to personal adornments.
+  Fourth--Rights of order in encampments and migrations.
+  Fifth--Rights of property.
+  Sixth--Rights of person.
+  Seventh--Rights of community.
+  Eighth--Rights of religion.
+
+To maintain rights, rules of conduct are established, not by formal
+enactment, but by regulated usage. Such custom-made laws may be called
+regulations.
+
+
+_MARRIAGE REGULATIONS._
+
+Marriage between members of the same gens is forbidden, but
+consanguineal marriages between persons of different gentes are
+permitted. For example, a man may not marry his mother's sister's
+daughter, as she belongs to the same gens with himself; but he can
+marry his father's sister's daughter, because she belongs to a
+different gens.
+
+Husbands retain all their rights and privileges in their own gentes,
+though they live with the gentes of their wives. Children,
+irrespective of sex, belong to the gens of the mother. Men and women
+must marry within the tribe. A woman taken to wife from without the
+tribe must first be adopted into some family of a gens other than that
+to which the man belongs. That a woman may take for a husband a man
+without the tribe he must also be adopted into the family of some gens
+other than that of the woman. What has been called by some
+ethnologists endogamy and exogamy are correlative parts of one
+regulation, and the Wyandots, like all other tribes of which we have
+any knowledge in North America, are both endogamous and exogamous.
+
+Polygamy is permitted, but the wives must belong to different gentes.
+The first wife remains the head of the household. Polyandry is
+prohibited.
+
+A man seeking a wife consults her mother, sometimes direct, and
+sometimes through his own mother. The mother of the girl advises with
+the women councilors to obtain their consent, and the young people
+usually submit quietly to their decision. Sometimes the women
+councilors consult with the men.
+
+When a girl is betrothed, the man makes such presents to the mother as
+he can. It is customary to consummate the marriage before the end of
+the moon in which the betrothal is made. Bridegroom and bride make
+promises of faithfulness to the parents and women councilors of both
+parties. It is customary to give a marriage feast, in which the gentes
+of both parties take part. For a short time at least, bride and groom
+live with the bride's mother, or rather in the original household of
+the bride.
+
+The time when they will set up housekeeping for themselves is usually
+arranged before marriage.
+
+In the event of the death of the mother, the children belong to her
+sister or to her nearest female kin, the matter being settled by the
+council women of the gens. As the children belong to the mother, on
+the death of the father the mother and children are cared for by her
+nearest male relative until subsequent marriage.
+
+
+_NAME REGULATIONS._
+
+It has been previously explained that there is a body of names, the
+exclusive property of each gens. Once a year, at the green-corn
+festival, the council women of the gens select the names for the
+children born during the previous year, and the chief of the gens
+proclaims these names at the festival. No person may change his name,
+but every person, man or woman, by honorable or dishonorable conduct,
+or by remarkable circumstance, may win a second name commemorative of
+deed or circumstance, which is a kind of title.
+
+
+_REGULATIONS OF PERSONAL ADORNMENT._
+
+Each clan has a distinctive method of painting the face, a distinctive
+chaplet to be worn by the gentile chief and council women when they
+are inaugurated, and subsequently at festival occasions, and
+distinctive ornaments for all its members, to be used at festivals and
+religious ceremonies.
+
+
+_REGULATIONS OF ORDER IN ENCAMPMENT AND MIGRATIONS._
+
+The camp of the tribe is in an open circle or horse-shoe, and the
+gentes camp in following order, beginning on the left and going around
+to the right:
+
+Deer, Bear, Highland Turtle (striped), Highland Turtle (black), Mud
+Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake, Porcupine.
+
+The order in which the households camp in the gentile group is
+regulated by the gentile councilors and adjusted from time to time in
+such a manner that the oldest family is placed on the left, and the
+youngest on the right. In migrations and expeditions the order of
+travel follows the analogy of encampment.
+
+
+_PROPERTY RIGHTS._
+
+Within the area claimed by the tribe each gens occupies a smaller
+tract for the purpose of cultivation. The right of the gens to
+cultivate a particular tract is a matter settled in the council of the
+tribe, and the gens may abandon one tract for another only with the
+consent of the tribe. The women councillors partition the gentile land
+among the householders, and the household tracts are distinctly marked
+by them. The ground is re-partitioned once in two years. The heads of
+households are responsible for the cultivation of the tract, and
+should this duty be neglected the council of the gens calls the
+responsible parties to account.
+
+Cultivation is communal; that is, all of the able-bodied women of the
+gens take part in the cultivation of each household tract in the
+following manner:
+
+The head of the household sends her brother or son into the forest or
+to the stream to bring in game or fish for a feast; then the
+able-bodied women of the gens are invited to assist in the cultivation
+of the land, and when this work is done a feast is given.
+
+The wigwam or lodge and all articles of the household belong to the
+woman--the head of the household--and at her death are inherited by
+her eldest daughter, or nearest of female kin. The matter is settled
+by the council women. If the husband die his property is inherited by
+his brother or his sister's son, except such portion as may be buried
+with him. His property consists of his clothing, hunting and fishing
+implements, and such articles as are used personally by himself.
+
+Usually a small canoe is the individual property of the man. Large
+canoes are made by the male members of the gentes, and are the
+property of the gentes.
+
+
+_RIGHTS OF PERSON._
+
+Each individual has a right to freedom of person and security from
+personal and bodily injury, unless adjudged guilty of crime by proper
+authority.
+
+
+_COMMUNITY RIGHTS._
+
+Each gens has the right to the services of all its women in the
+cultivation of the soil. Each gens has the right to the service of all
+its male members in avenging wrongs, and the tribe has the right to
+the service of all its male members in time of war.
+
+
+_RIGHTS OF RELIGION._
+
+Each phratry has the right to certain religious ceremonies and the
+preparation of certain medicines.
+
+Each gens has the exclusive right to worship its tutelar god, and each
+individual has the exclusive right to the possession and use of a
+particular amulet.
+
+
+_CRIMES._
+
+The violations of right are crimes. Some of the crimes recognized by
+the Wyandots are as follows:
+
+  1. Adultery.
+  2. Theft.
+  3. Maiming.
+  4. Murder.
+  5. Treason.
+  6. Witchcraft.
+
+A maiden guilty of fornication may be punished by her mother or female
+guardian, but if the crime is flagrant and repeated, so as to become a
+matter of general gossip, and the mother fails to correct it, the
+matter may be taken up by the council women of the gens.
+
+A woman guilty of adultery, for the first offense is punished by
+having her hair cropped; for repeated offenses her left ear is cut
+off.
+
+
+_THEFT._
+
+The punishment for theft is twofold restitution. When the prosecutor
+and prosecuted belong to the same gens, the trial is before the
+council of the gens, and from it there is no appeal. If the parties
+involved are of different gentes, the prosecutor, through the head of
+his household, lays the matter before the council of his own gens; by
+it the matter is laid before the gentile council of the accused in a
+formal manner. Thereupon it becomes the duty of the council of the
+accused to investigate the facts for themselves, and to settle the
+matter with the council of the plaintiff. Failure thus to do is
+followed by retaliation in the seizing of any property of the gens
+which may be found.
+
+
+_MAIMING._
+
+Maiming is compounded, and the method of procedure in prosecution is
+essentially the same as for theft.
+
+
+_MURDER._
+
+In the case of murder, if both parties are members of the same gens,
+the matter is tried by the gentile council on complaint of the head of
+the household, but there may be an appeal to the council of the tribe.
+Where the parties belong to different gentes, complaint is formally
+made by the injured party, through the chief of his gens, in the
+following manner:
+
+A wooden tablet is prepared, upon which is inscribed the totem or
+heraldic emblem of the injured man's gens, and a picture-writing
+setting forth the offense follows.
+
+The gentile chief appears before the chief of the council of the
+offender, and formally states the offense, explaining the
+picture-writing, which is then delivered.
+
+A council of the offender's gens is thereupon called and a trial is
+held. It is the duty of this council to examine the evidence for
+themselves and to come to a conclusion without further presentation of
+the matter on the part of the person aggrieved. Having decided the
+matter among themselves, they appear before the chief of the council
+of the aggrieved party to offer compensation.
+
+If the gens of the offender fail to settle the matter with the gens of
+the aggrieved party, it is the duty of his nearest relative to avenge
+the wrong. Either party may appeal to the council of the tribe. The
+appeal must be made in due form, by the presentation of a tablet of
+accusation.
+
+Inquiry into the effect of a failure to observe prescribed formalities
+developed an interesting fact. In procedure against crime, failure in
+formality is not considered a violation of the rights of the accused,
+but proof of his innocence. It is considered supernatural evidence
+that the charges are false. In trials for all offenses forms of
+procedure are, therefore, likely to be earnestly questioned.
+
+
+_TREASON._
+
+Treason consists in revealing the secrets of the medicine preparations
+or giving other information or assistance to enemies of the tribe, and
+is punished by death. The trial is before the council of the tribe.
+
+
+_WITCHCRAFT._
+
+Witchcraft is punished by death, stabbing, tomahawking, or burning.
+Charges of witchcraft are investigated by the grand council of the
+tribe. When the accused is adjudged guilty, he may appeal to
+supernatural judgment. The test is by fire. A circular fire is built
+on the ground, through which the accused must run from east and west
+and from north to south. If no injury is received he is adjudged
+innocent; if he falls into the fire he is adjudged guilty. Should a
+person accused of having the general reputation of practicing
+witchcraft become deaf, blind, or have sore eyes, earache, headache,
+or other diseases considered loathsome, he is supposed to have failed
+in practicing his arts upon others, and to have fallen a victim to
+them himself. Such cases are most likely to be punished.
+
+
+_OUTLAWRY._
+
+The institution of outlawry exists among the Wyandots in a peculiar
+form. An outlaw is one who by his crimes has placed himself without
+the protection of his clan. A man can be declared an outlaw by his own
+clan, who thus publish to the tribe that they will not defend him in
+case he is injured by another. But usually outlawry is declared only
+after trial before the tribal council.
+
+The method of procedure is analogous to that in case of murder. When
+the person has been adjudged guilty and sentence of outlawry declared,
+it is the duty of the chief of the Wolf clan to make known the
+decision of the council. This he does by appearing before each clan in
+the order of its encampment, and declaring in terms the crime of the
+outlaw and the sentence of outlawry, which may be either of two
+grades.
+
+In the lowest grade it is declared that if the man shall thereafter
+continue in the commission of similar crimes, it will be lawful for
+any person to kill him; and if killed, rightfully or wrongfully, his
+clan will not avenge his death.
+
+Outlawry of the highest degree makes it the duty of any member of the
+tribe who may meet with the offender to kill him.
+
+
+_MILITARY GOVERNMENT._
+
+The management of military affairs inheres in the military council and
+chief. The military council is composed of all the able-bodied men of
+the tribe; the military chief is chosen by the council from the
+Porcupine gens. Each gentile chief is responsible for the military
+training of the youth under his authority. There is usually one or
+more potential military chiefs, who are the close companions and
+assistants of the chief in time of war, and in case of the death of
+the chief, take his place in the order of seniority.
+
+Prisoners of war are adopted into the tribe or killed. To be adopted
+into the tribe, it is necessary that the prisoner should be adopted
+into some family. The warrior taking the prisoner has the first right
+to adopt him, and his male or female relatives have the right in the
+order of their kinship. If no one claims the prisoner for this
+purpose, he is caused to run the gauntlet as a test of his courage.
+
+If at his trial he behaves manfully, claimants are not wanting, but if
+he behaves disgracefully he is put to death.
+
+
+_FELLOWHOOD._
+
+There is an interesting institution found among the Wyandots, as among
+some other of our North American tribes, namely, that of fellowhood.
+Two young men agree to be perpetual friends to each other, or more
+than brothers. Each reveals to the other the secrets of his life, and
+counsels with him on matters of importance, and defends him from wrong
+and violence, and at his death is chief mourner.
+
+       *       *       *       *       *
+
+The government of the Wyandots, with the social organization upon
+which it is based, affords a typical example of tribal government
+throughout North America. Within that area there are several hundred
+distinct governments. In so great a number there is great variety, and
+in this variety we find different degrees of organization, the degrees
+of organization being determined by the differentiation of the
+functions of the government and the correlative specialization of
+organic elements.
+
+Much has yet to be done in the study of these governments before safe
+generalizations may be made. But enough is known to warrant the
+following statement:
+
+Tribal government in North America is based on kinship in that the
+fundamental units of social organization are bodies of consanguineal
+kindred either in the male or female line; these units being what has
+been well denominated "gentes."
+
+These "gentes" are organized into tribes by ties of relationship and
+affinity, and this organization is of such a character that the man's
+position in the tribe is fixed by his kinship. There is no place in a
+tribe for any person whose kinship is not fixed, and only those
+persons can be adopted into the tribe who are adopted into some family
+with artificial kinship specified. The fabric of Indian society is a
+complex tissue of kinship. The warp is made of streams of kinship
+blood, and the woof of marriage ties.
+
+With most tribes military and civil affairs are differentiated. The
+functions of civil government are in general differentiated only to
+this extent, that executive functions are performed by chiefs and
+sachems, but these chiefs and sachems are also members of the council.
+The council is legislature and court. Perhaps it were better to say
+that the council is the court whose decisions are law, and that the
+legislative body properly has not been developed.
+
+In general, crimes are well defined. Procedure is formal, and forms
+are held as of such importance that error therein is _prima facie_
+evidence that the subject-matter formulated was false.
+
+When one gens charges crime against a member of another, it can of its
+own motion proceed only to retaliation. To prevent retaliation, the
+gens of the offender must take the necessary steps to disprove the
+crime, or to compound or punish it. The charge once made is held as
+just and true until it has been disproved, and in trial the cause of
+the defendant is first stated. The anger of the prosecuting gens must
+be placated.
+
+In the tribal governments there are many institutions, customs, and
+traditions which give evidence of a former condition in which society
+was based not upon kinship, but upon marriage.
+
+From a survey of the facts it seems highly probably that kinship
+society, as it exists among the tribes of North America, has developed
+from connubial society, which is discovered elsewhere on the globe. In
+fact, there are a few tribes that seem scarcely to have passed that
+indefinite boundary between the two social states. Philologic research
+leads to the same conclusion.
+
+Nowhere in North America have a people been discovered who have passed
+beyond tribal society to national society based on property, i.e.,
+that form of society which is characteristic of civilization. Some
+peoples may not have reached kinship society; none have passed it.
+
+Nations with civilized institutions, art with palaces, monotheism as
+the worship of the Great Spirit, all vanish from the priscan condition
+of North America in the light of anthropologic research. Tribes with
+the social institutions of kinship, art with its highest architectural
+development exhibited in the structure of communal dwellings, and
+polytheism in the worship of mythic animals and nature-gods remain.
+
+
+
+
+INDEX
+
+
+Adultery, Wyandot law for, 66
+
+Chiefs, Wyandot, Election of, 61, 62
+Crimes, Wyandot laws for, 66, 67
+
+Encampment regulations (Wyandot), 64
+
+Family, The term, defined, 59
+Fellowhood, Wyandot institution of, 68
+
+Gens, The term, defined, 59
+Government, Wyandot civil, 61
+  Functions of, 63
+
+Kinship society, 68, 69
+
+Maiming, Wyandot law for, 66
+Marriage regulations (Wyandot), 63, 64
+Migration regulations (Wyandot), 64
+Military government (Wyandot), 68
+Murder, Wyandot law for, 66
+
+Name regulations of the Wyandot tribe, 64
+
+Outlawry, Wyandot institution of, 67
+
+Personal adornment regulations (Wyandot), 64
+Phratry defined, 60, 61
+
+Society, Kinship, 68, 69
+
+Theft, Wyandot law for, 66
+Treason, Wyandot law for, 67
+Tribal government based on kinship, 68, 69
+Tribal society, A study of (Wyandot), 59-69
+
+Witchcraft, Wyandot law for, 67
+Wyandot criminal laws, 66, 67
+  for adultery, 66
+  for maiming, 66
+  murder, 66
+  of outlawry, 67
+  for theft, 66
+  for treason, 67
+  for witchcraft, 67
+Wyandot government, 59-69
+Wyandot military government, 68
+Wyandot regulations, 63, 64
+  of encampment, 64
+  of migration, 64
+  of name, 64
+  of personal adornment, 64
+Wyandot rights, 65
+  of community, 65
+  of person, 65
+  of religion, 65
+
+
+
+[Transcriber's Note: This index is a subset of the original index
+assocated with _First Annual Report of the Bureau of Ethnology to the
+Secretary of the Smithsonian Institution, 1879-80_, by J. W. Powell.]
+
+
+
+
+
+End of the Project Gutenberg EBook of Wyandot Government: A Short Study of
+Tribal Society, by John Wesley Powell
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