because they
did not belong to his gens, where his property had to remain. Hence,
after the death of a cattle owner, the cattle would fall to his
brothers, sisters and the children of his sisters, or to the offspring
of the sisters of his mother. His own children were disinherited.
In the measure of the increasing wealth man's position in the family
became superior to that of woman, and the desire arose to use this
fortified position for the purpose of overthrowing the traditional law
of inheritance in favor of his children. But this was not feasible as
long as maternal law was valid. This law had to be abolished, and it
was. This was by no means as difficult as it appears to us to-day. For
this revolution--one of the most radical ever experienced by
humanity--did not have to touch a single living member of the gens. All
its members could remain what they had always been. The simple
resolution was sufficient, that henceforth the offspring of the male
members should belong to the gens, while the children of the female
members should be excluded by transferring them to the gens of their
father. This abolished the tracing of descent by female lineage and the
maternal right of inheritance, and instituted descent by male lineage
and the paternal right of inheritance. How and when this revolution was
accomplished by the nations of the earth, we do not know. It belongs
entirely to prehistoric times. That it was accomplished is proven more
than satisfactorily by the copious traces of maternal law collected
especially by Bachofen. How easily it is accomplished we may observe in
a whole series of Indian tribes, that recently passed through or are
still engaged in it, partly under the influence of increasing wealth and
changed modes of living (transfer from forests to the prairie), partly
through the moral pressure of civilization and missionaries. Six out of
eight Missouri tribes have male descent and inheritance, while only two
retain female descent and inheritance. The Shawnees, Miamis and
Delawares follow the custom of placing their children into the male gens
by giving them a gentile name belonging to the father's gens, so that
they may be entitled to inherit. "Innate casuistry of man, to change the
objects by changing their names, and to find loopholes for breaking
tradition inside of tradition where a direct interest was a sufficient
motive." (Marx.) This made confusion worse confounded, which could be
and partially was r
|