exists among the American aborigines, where it is found in its archaic form, and among whom its theoretical constitution and practical workings can be investigated more successfully than in the historical gentes of the Greeks and Romans. In fact, to understand fully the gentes of the latter nations a knowledge of the functions and of the rights, privileges, and obligations of the members of the American Indian gens is imperatively necessary.
In American ethnography tribe and clan have been used in the place of gens as equivalent terms from not perceiving the universality of the latter. In previous works, and following my predecessors, I have so used them. A comparison of the Indian clan with the gens of the Greeks and Romans reveals at once their identity in structure and functions. It also extends to the phratry and tribe. If the identity of these several organizations can be shown, of which there can be no doubt, there is a manifest propriety in returning to the Latin and Grecian terminologies, which are full and precise as well as historical.
The plan of government of the American aborigines commenced with the gens and ended with the confederacy, the latter being the highest point to which their governmental institutions attained. It gave for the organic series: first, the gens, a body of consanguinei having a common gentile name; second, the phratry, an assemblage of related gentes united in a higher association for certain common objects; third, the tribe, an assemblage of gentes, usually organized in phratries, all the members of which spoke the same dialect; and fourth, a confederacy of tribes, the members of which respectively spoke dialects of the same stock language. It resulted in a gentile society (societas) as distinguished from a political society or state (civitas). The difference between the two is wide and fundamental. There was neither a political society, nor a citizen, nor a state, nor any civilization in America when it was discovered. One entire ethnical period intervened between the highest American Indian tribes and the beginning of civilization, as that term is properly understood.
The gens, though a very ancient social organization founded upon kin, does not include all the descendants of a common ancestor. It was for the reason that when the gens came in marriage between single pairs was unknown, and descent through males could not be traced with certainty. Kindred were linked together chiefly through the bond of their maternity In the ancient gens descent was limited to the female line. It embraced all such persons as traced their descent from a supposed common female ancestor, through females, the evidence of the fact being the possession of a common gentile name. It would include this ancestor and her children, the children of her daughters, and the children of her female descendants, through females, in perpetuity, while the children of her sons and the children of her male descendants, through males, would belong to other gentes, namely, those of their respective mothers. Such was the gens in its archaic form, when the paternity of children was not certainly ascertainable, and when their maternity afforded the only certain criterion of descents.
This state of descents which can be traced back to the Middle Status of savagery, as among the Australians, remained among the American aborigines through the Upper Status of savagery, and into and through the Lower Status of barbarism, with occasional exceptions. In the Middle Status of barbarism the Indian tribes began to change descent from the female line to the male, as die syndyasmian family of the period began to assume monogamian characteristics. In the Upper Status of barbarism descent had become changed to the male line among the Grecian tribes, with the exception of the Lycians, and among the Italian tribes, with the exception of the Etruscans. Between the two extremes, represented by the two rules of descent, three entire ethnical periods intervene, covering many thousands of years.
As intermarriage in the gens was prohibited, it withdrew its members from the evils of consanguine marriages, and thus tended to increase the vigor of the stock. The gens came into being upon three principal conceptions, namely, the bond of kin, a pure lineage through descent in the female line, and non-intermarriage in the gens. When the idea of a gens was developed, it would naturally have taken the form of gentes in pairs, because the children of the males were excluded, and because it was equally necessary to organize both classes of descendants. With two gentes started into being simultaneously the whole result would have been attained, since the males and females of one gens would marry the females and males of the other, and the children, following the gentes of their respective mothers, would be divided between them. Resting on the bond of kin as its cohesive
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