sity to violence, rarely employ arms in their private quarrels, but decide them with the fist or with a club.1

ASIATICS.

Among the "hill tribes of India," some, like the Gonds and Santals, have a numerous population of from one to three millions and live in comparative peacefulness, under a foreign domination, which has not attempted to change much their ancient customs and mode of life. The rest are unmitigated savages," wild forest rangers, few in number, very loosely organized for war and pillage, with no recognized head or chief for any of their tribes, except, perhaps, the Bheels. Dwelling in little migratory village groups of from twenty-five to a few hundred people, they are very democratic and often sociable among themselves; yet intensely devoted to a ferocious liberty, whose cardinal principal is revenge-deep, bloody revenge-for every personal injury, in accordance with their ancient customs.3

"A Karen always thinks himself right in taking the law into his own hands, for it is the custom of the country, which has the effect of law. He is never interfered with, unless he is guilty of some act contrary to Karen ideas of propriety, when the elders and the villagers interfere and exercise a check upon him."4

Beyond the limits of each Khond hamlet, or group of related villages, "all is discord and confusion; everywhere is seen an incipient or a dying feud," yet within the group "order and security prevail," and there is unfaltering devo

'Thompson's Alcedo, i, 406.

'Forsyth's Report, v. 154.

3 For Nagas: Stewart, J. A. S. B. xxiv, 609; For Karens: Mason, J. A. S. B. xxxvii, pt. ii, 145; For Mishmis: Rowlatt, J. A. S. B. xiv, 491.

4 Mason, J. A. S. B., xxxvii, pt. ii, 145.

90

Compensation for Harms

tion to the common cause. Thus there is no room for treason.'

The elders have for centuries been striving to limit the instinctive passion for vengeance to the harmful acts of men of other villages or hostile tribes; and have been entirely successful in introducing the custom of composition for offences among fellow townsmen, which very rarely occur; and even in making the seeking and offering of the atonement compulsory, upon pain of social outlawry, for him who will not yield himself to this demand. The evil-doer who does not or will not make composition for his offence, becomes a criminal,--not because of the murder or theft he may have committed, for that is only an unfortunate harm to an individual or family, but because he will not do his best to restore peace to the community by preventing a bloody feud; because he will not submit to the social pressure for the general welfare.

Among all the hill tribes of India, and also among the savage hordes of northern and central Asia and the Bedouin Arabs of the desert, immemorial ancient customs take the place of laws, regulate the simple relations of man with man, and are religiously observed. Many of these customs teach the terrible duty of blood revenge, of unrelenting family feuds; but there are others which foster intense social abhorrence of a few actions; i. e., treason or treachery to the community, incest between near relations, and evil-witchcraftthat is sorcery, practiced within the group, aiming at the destruction of a fellow tribesman and thus breeding mutual distrust and fear. Intense devotion to these ancestral customs makes the offender against them an exceedingly rare type of man-so rare that it is very difficult to find instances of his existence--but when such an one is discovered, the

'Macpherson's Report, pp. 42, 52, and Campbell, p. 239.

violent abhorrence awakened by his act brings down upon him a speedy and ferocious social punishment.

We must believe, therefore, that among these low and densely ignorant savage races, there are a few most heinous offences, punished by the collective might as wrongs against foundation principles of social life. Such are treason, incest and witchcraft. Refusal to preserve the folk peace by the seeking and giving of composition-in lieu of vengeancehas also more recently been made a crime in many tribes; after centuries of social pressure. All harms of man to man within the little group are rare, prevented primarily by fear of the blood feud; but far more rare are true crimeswrongs to the whole community-and yet the criminal is. occasionally found and punished among them.

CRIMES AND OFFENCES PUNISHED-ASIA.

posed by society.)

Bodo & Dhimals. (S PO for most serious crimes.)

yes

yes

(Arabs) Bedouin. (S PO or D for most serious

crimes.)

S

S

IRD
IR

H

I R or C

IRD

H

yes

SOCIAL PUNISHMENT FOR THE MOST SERIOUS CRIMES.

Bheels, S R D.-The Bheels are unmitigated savages, living in small village groups, of from 25 to 50 people, organized for plunder, like the monkeys. There is absolute fidelity to their native chiefs, with no idea of the possibility of choice on their part. Therefore treason is unknown among them. The natural instinct of the Bheels leads them to individual or family revenge for murder, robbery and theft; but after their first wild rage has spent itself, resort is had to Punjayets, or councils, which "often consist of several hundred members." These councils make the best terms they can for the guilty party, by inducing the acceptance of a composition or atonement, in lieu of the infliction of vengeance. The offences dealt with are torts, or harms of man to man-not regarded as wrongs against the tribe. Ancient customs guide them. "Fines in cattle or money are high for murders, but Bheel Punjayets never inflict death." However, "if the crime committed be of so atrocious a nature as not to be compounded or forgiven, the culprit is pursued and destroyed by those whom this act has made his enemies; but he must be put to death in what they term an affray, that is, in warm blood; to take the life of each other coolly is revolting to their usages." These last "atrocious" offences are probably true crimes.

Mishmis, SR D.-The Mishmis are semi-nomads, dwelling in little village groups. They are "a hospitable and even social race," indulging in a constant round of festivity. Every clan has a nominal head, or "gam," but his power is extremely limited. "Theft is punished by a fine inflicted by a meeting of all the gams; if the fine is not paid, or the offender refuses to pay, he is slain in a general attack, being cut up by the company assembled," "Murder is punished

1 Malcolm, i, 576-7.