The prior existence of this law, in the semi-brutish stage of our physical and ethical evolution, might have been deductively evolved, even if no traces of it had remained to our day. It will be, however, my endeavour to point out that evidence of its existence (abundant as it appears to me) is to be found in certain obscure customs which are common to most actual savage races. The customs of so-called 'avoidance' between near relations will have the principal interest for us, although primitive marriage and inheritance will be found of corroborative value. Survivals and myths can be shown to point to the undeniable occurrence of this 'Primal Law' in the earlier life-history of the non-civilised peoples. The myths, however, may be merely early guesses about the unknown past of the race.
Amongst marriage customs that which has given rise to most discussion as regards its origin is 'Exogamy' or marriage outside the family group, or outside the limit of the totem name. My general argument, as will be seen, places me in antagonism with all theories yet advanced on the subject. But Mr. Lang, in Custom and Myth, 1884 (p. 258), hazards, as his own impression, a conception of this matter which I will note—namely, that 'Exogamy, may be connected with some early idea of which we have lost touch,' and he adds, 'If we only knew the origin of the prohibition to marry within the family[3] all would be plain sailing.' However utterly beyond human ken, in these our latter days, any truthful image of so remote a past may seem to be, it is yet precisely this hypothetic early idea which I hope to be able to expose. (If I am correct, we shall find that it was connected with the sexual relations of primitive man, whilst in the animal stage, and especially with the mutual marital rights of the males within a group.) Such idea in travail, hastened and sharpened by needs of environment, created issues which necessarily gave birth to a 'Primal Law' prohibitory of marriage between certain members of a family or local group, and thus, in natural sequence, led to forced connubial union beyond its circle the family, or local group—that is, led to Exogamy. But if such was in reality the original order of succession in the growth of custom, it becomes evident that Exogamy as a habit (not as an expressed law) must have been of primordial evolution. Thus (in contra-distinction to generally received opinion and to Mr. McLennan's theory in particular) Exogamy must have been a cause rather than an effect in relation to its ordinary concomitants, i.e. Female Infanticide as a custom, Polyandry as a fixed institution, and Totemism as connected with exogamous groups, within which marriage was forbidden. As thus my new hypothesis finds itself in opposition to those of recognised authorities, it is evident that it will require to account for all the facts if it is to hold its ground.
However convinced the author may be by the array of seemingly confirmatory details in favour of his hypothesis, it is possible that from their paucity they may yet to others seem to constitute but a feeble line of defensive proof. But if the theory shall prove in itself to have merit, this defect (arising, as I believe, from lack of general anthropological knowledge on my part, for I dwell 'far from books') will quickly be remedied, for a hundred other details in favour of my view will be at once perceived by more experienced students. Should my hypothesis really furnish the clue to the problem of the prohibition to marry within the family name, or totem name, all the rest will doubtless become 'plain sailing' in competent hands.
In any case before my conjecture is definitely laid aside as erroneous, it may, let us hope, be considered desirable to await fuller evidence as to the extent of the operation, in actual savage life, of that particular custom of 'Avoidance' which I consider, in its inception, and as the earliest law, to have been a 'vera causa' of widest operation in primitive social evolution. 'Avoidance' is, however, to-day, a mere faint image of a remote past, and its genetic significance has utterly faded from among even those people who yet, with strange conservatism, still blindly yield an everyday obedience to it, in form at least. Belonging to a class of savage habits presenting features so extraordinary, 'Avoidance between brother and sister' has ever been a puzzle to inquirers. This Avoidance is only the most obscure of all the numerous cases of the strange habit, but it is also that which, up to the present, seems least to have attracted the notice of anthropologists. In this class of custom, the Avoidance of which most frequent mention has been made in literature, is avoidance between mother-in-law and son-in-law, whereas that between brother and sister is to my knowledge but rarely mentioned.[4] And yet, as far as my own experience goes (and it extends over more than a quarter of a century among primitive peoples in the South Seas), Avoidance of brother and sister is not only as common as, but infinitely more strict and severe in action than, the Avoidance of 'Mothers-in-law.' It is indeed probable that the very severity of observance has led to its being so little noticed. For by the action of this law, a brother and a sister, after childhood, are kept so far apart from one another, that only those who have actually lived long amidst natives can be expected to have had a chance of being aware of the restraints to intercourse between them. Even then it would be from some such casual occurrence as the accidental rencontre of the two, placing them thus in sudden and unavoidable proximity to each other, which would lead to an observation, by an European, of their extraordinary attitude and behaviour under such circumstances.
My own attention was primarily only drawn to this matter by noting the grave scandal and excitement caused in a native community by the momentary isolation, in a canoe, of a brother and sister. The affair became so very serious for the brother that he disappeared from the tribe for over a year. Indeed, the rigorous severity of this particular law in daily action is almost incredible. In New Caledonia, for instance, all intercourse between a brother and sister by speech or sign is absolutely prohibited from a very early age. Whilst the girl will remain in the paternal home, the boy, at the age of seven or eight (when not, as is usual, adopted by the maternal uncle), only comes there for his meals, partaken again solely with the other males.[5] He dwells until married in the large general bachelors' hut, set apart for youths in all villages. Even after marriage, if brother and sister have to communicate with each other on family matters, such communication must be made through the intermediary of a third person, nor can the sister enter the brother's hut even after his marriage, despite the presence of her sister-in-law therein. If the two should unexpectedly meet in some narrow path, the girl will throw herself face downwards into the nearest bush, whilst the boy will pass without turning his head, and as if unaware of her presence.
They cannot mention each other's names, and if the sister's name is mentioned publicly before the brother, he will show much embarrassment, and if it is repeated he will retire precipitately. She can eat nothing he has carried or cooked. Whilst, then, such propinquity as is implied in the mutual habitation of the same hut by these two would be scandalously impossible, it is not uncommon to find a mother-in-law and son-in-law, whilst in Avoidance, living under the same roof. It is obvious that in the latter case each detail of 'Avoidance' in act or speech would be easily remarked by Europeans, whereas no chance of such observation between the adult brother and sister could possibly arise, they being kept, as we see, so utterly apart. It is to be noted, however, that the seemingly instinctive natural affection between two so nearly related is not quenched by these strange restraints. They remain interested in each other's welfare, and in cases of sickness, for instance, keep themselves informed of each other's condition through third persons. So great, however, is the depth in action (on these lines) of the feeling of avoidance in this matter, that I am convinced that the infanticide of twins, which only takes place in New Caledonia when the children are of different sexes, arises from the idea of a too close propinquity in the womb. Further evidence as to the very widespread existence of this custom in the South Seas I will leave to a later stage, only noting here that I have been astonished to find, in answer to inquiries, that it is well recognised amongst the aborigines, of Australia.
[Mr. Atkinson has left a blank space for an expected communication from the late Mr. Curr. On 'Avoidance' in Australia, between brother and sister, Messrs Spencer and Gillen write: 'A curious custom exists with regard to the mutual behaviour of elder and younger sisters and their brothers. A man may speak freely to his elder sisters in blood, but those who are tribal Ungaraitcha must only be spoken to at a considerable distance. To younger sisters, blood and tribal, he may not speak, or, at least, only at such a distance that the features are indistinguishable.... We cannot discover any explanation of this restriction in regard to the younger sister; it can hardly be supposed that it has anything to do with the dread of anything like incest, else why is there not as strong a restriction in the case of the elder sisters?[6]
Now the occurrence of this particular habit amidst a race of nomad hunters, forced by the exigencies of the chase to wander about in isolated groups, composed for the most part of single families, and where the separation of the sexes cannot possibly be arranged, as with the hut and village dwelling Caledonians, is a most remarkable fact. When we take into consideration the disturbing effects of such an avoidance in the internal economy of such a family circle, the significance of the circumstance is great as regards our general argument. It becomes, indeed, evident that the fundamental cause of the custom involving this daily and hourly dislocation of domestic life, must lie very deep in savage society. If, however, our theory as to the idea which dominated the inception of this strange habit shall turn out to be correct, then it will be seen that no surprise need be felt, if the genesis of this rule should prove to be in the animal stage, that traces of the superstructure should exist to our day. Now that attention will perhaps be more closely drawn to this, till recently the least observed of the cases of Avoidance, I feel sure that proof of its existence will be found in abundance in the present or past of all primitive peoples.[7] In view of its unexpectedly wide dissemination in Australia, hope may be felt that research will find it as a working factor in many peoples where its presence has been least expected, and not only in Australasia. It is possible that a stricter examination of the inner life of lower races in Africa and Asia will allow a perfectly legitimate inference that they are still under the influence of its effect, although the custom itself may be no longer in actual force. It is also possible, as I have said, that Survivals and Myths may point conclusively to its having had its day amongst the highest nations, with whom all traditions of it have been lost before the dawn of history. [Rather the reverse is the case; see the marriage of Zeus and Hera, brother and sister, and of the Incas, &c.—A. L.]
In many cases philological evidence based on the derivation of the root syllable of the word 'sister, a word which in the tongues of peoples still obedient to this law is from a root implying 'Avoidance,' may afford affirmative proof, as circumstantial as unexpected, that this custom was once as universal as my theory would require.'[8] If difficulty is felt in the acceptation of an hypothesis of such wide significance, simply based on an obscure lower custom so little noted in anthropological literature as to permit doubts of its existence, I can only repeat that a cognisance of the traits of this particular habit of avoidance and its effect as a factor in savage life demands such conditions of residence and chances of observation, as can fall to the lot of few. I may add that it is one of the very first customs to disappear after contact with whites, especially missionaries, being, as it is, in such extreme divergence with the economy of the European family, in regard to the mutual attitude of brother and sister.