Page:The Origin of the Family, Private Property and the State.djvu/75

69 what they had always been. TJie 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 the^ 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 remedied alone by paternal law. "This seems to be the most natural transition." (Marx.) As to the opinion of the comparative jurists, how this transition took place among the civilized nations of the old world—although only in hypotheses—compare M. Kovalevsky, Tableau