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+<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—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—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. “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:</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’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-dát</th>
+<th>English.</th>
+</tr>
+<tr>
+<td>Man of Deer gens</td>
+<td>De-wa-tí-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-tĕs</td>
+<td>Long Claws.</td>
+</tr>
+<tr>
+<td>Woman of Bear gens</td>
+<td>Tsá-maⁿ-da-ka-é</td>
+<td>Grunting for her Young.</td>
+</tr>
+<tr>
+<td>Man of Striped Turtle gens</td>
+<td>Ta-há-soⁿ-ta-ra-ta-se</td>
+<td>Going Around the Lake.</td>
+</tr>
+<tr>
+<td>Woman of Striped Turtle gens</td>
+<td>Tso-we-yuñ-kyu</td>
+<td>Gone from the Water.</td>
+</tr>
+<tr>
+<td>Man of Mud Turtle gens</td>
+<td>Sha-yän-tsu-wat′</td>
+<td>Hard Skull.</td>
+</tr>
+<tr>
+<td>Woman of Mud Turtle gens</td>
+<td>Yaⁿ-däc-u-räs</td>
+<td>Finding Sand Beach.</td>
+</tr>
+<tr>
+<td>Man of Smooth Large Turtle gens</td>
+<td>Huⁿ′-du-cu-tá</td>
+<td>Throwing Sand.</td>
+</tr>
+<tr>
+<td>Woman of Smooth Large Turtle gens</td>
+<td>Tsu-ca-eⁿ</td>
+<td>Slow Walker.</td>
+</tr>
+<tr>
+<td>Man of Wolf gens</td>
+<td>Ha-ró-uⁿ-yû</td>
+<td>One who goes about in the Dark; a Prowler.</td>
+</tr>
+<tr>
+<td>Woman of Wolf gens</td>
+<td>Yaⁿ-di-no</td>
+<td>Always Hungry.</td>
+</tr>
+<tr>
+<td>Man of Snake gens</td>
+<td>Hu-ta-hú-sa</td>
+<td>Sitting in curled Position.</td>
+</tr>
+<tr>
+<td>Woman of Snake gens</td>
+<td>Di-jé-rons</td>
+<td>One who Ripples the Water.</td>
+</tr>
+<tr>
+<td>Man of Porcupine gens</td>
+<td>Haⁿ-dú-tuⁿ</td>
+<td>The one who puts up Quills.</td>
+</tr>
+<tr>
+<td>Woman of Porcupine gens</td>
+<td>Ké-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—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>Yụ-waí-yu-wá-na</i>. 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.</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—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—Rights of marriage.</li>
+<li>Second—Rights to names.</li>
+<li>Third—Rights to personal adornments.</li>
+<li>Fourth—Rights of order in encampments and
+migrations.</li>
+<li>Fifth—Rights of property.</li>
+<li>Sixth—Rights of person.</li>
+<li>Seventh—Rights of community.</li>
+<li>Eighth—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’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.</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’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—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.</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’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’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
+“gentes.”</p>
+<p>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.</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. 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’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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+</pre>
+
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