Page:The Origin of the Family, Private Property and the State.djvu/25

Rh first system of kinship was that which recognized blood-ties through mothers only."

It is the merit of McLennan to have pointed out the general extent and the great importance of what he calls exogamy. However, he has by no means discovered the fact of exogamous groups; neither did he understand their presence. Aside from earlier scattered notes of many observers—from which McLennan quoted—Latham had accurately and correctly described this institution among the Indian Magars and stated that it was widespread and practiced in all parts of the globe. McLennan himself quotes this passage. As early as 1847, our friend Morgan had also pointed out and correctly described the same custom in his letters on the Iroquois (in the American Review) and in 1851 in "The League of the Iroquois." We shall see, how the lawyer's instinct of McLennan has introduced more disorder into this subject than the mystic imagination of Bachofen did into the field of maternal law.

It must be said to McLennan's credit that he recognized the custom of tracing decent by maternal law as primeval, although Bachofen has anticipated him in this respect. McLennan has admitted this later on. But here again he is not clear on the subject. He always speaks of "kinship through females only" and uses this expression, correctly applicable to former stages, in connection with later stages of development, when descent and heredity were still exclusively traced along female lines, but at the same time kinship on the male side began to be recognized and expressed. It is the narrow-mindedness of the jurist, establishing a fixed legal expression and employing it incessantly