It may be said that marriage in either of its forms makes the woman the property of her husband. We must, of course, carefully define the word "property." This we shall do by analyzing the economic duties of the woman, the sexual rights of the husband, and in general, the limits of marital authority, and the features of the treatment applied by a native to his wife. As the economic aspect will be better described below, in connection with the family life in general (including relations of parents to children), I shall here pass briefly over this point, remarking that the economic function of a wife is most important in the aboriginal life. She has to provide the regular food supply, to undertake the drudgery of camp life, the care of the children and all household implements, especially on marches. There remains the sexual aspect of marital life and the authority of the husband, including the treatment of the wife.
Let us turn to the latter question and pass in review some statements illustrating the general character of the marital relations; the limits of the husband's authority and power; the actual use he makes of his authority, i. e. the treatment of the family; and last, but not least, what idea may be deduced from our evidence as to the feelings of the two consorts towards each other. On this subject few reliable statements will be found, and even these will be rather contradictory. And it would be unreasonable to expect anything else. We are asking here not for a report of plain facts, but for a judgment on more or less complicated and hidden phenomena; this refers especially to the psychical side of the question, i. e. to the problem of conjugal affection. But even the other aspects of the problem—authority and treatment—although they are but a sum of facts, are always given in the form of vague general assertions and in that of qualified judgments.
Very few writers trouble at all about the deeper, underlying phenomena. What they see is the way in which a woman is treated by her husband; they often judge this way according to their own moral principles and sensitiveness. They forget that, using the words of Messrs. Spencer and Gillen, "what would cause very serious pain to a civilized woman only results in trifling discomfort to a savage." For all these reasons there will be more scope for corrections in these statements than in the series given above.
Statements.—Amongst the Kurnai there were certain limits to the husband's authority: "Although a man might kill his wife under certain circumstances, and his act would be then approved by custom and by public opinion, yet, under other circumstances, he might not do so without incurring blood feud."[156] All the duties of the family were "shared equally" by man and woman.[157] This statement, as to the limits of authority, is in agreement with all we shall find afterwards: nobody and nothing could interfere with the husband if he ill-treated his wife, unless her life was threatened. Then her relatives intervened. What the expression of "sharing the duties" means, is not quite clear. If it refers to economic functions, we shall have a better picture later; but it stands as a contrast to such expressions as "slave" or "drudge," used in connection with the wife's rôle by so many writers. In another place Howitt says: "I have known many instances ... including several cases among the Kurnai, of men carrying their wives about the country when too old or too sick to walk."[158] This would point to a great affection, not only resulting from erotic motives, but from real attachment, such as unites human beings who have lived and suffered much together.
Among the Bangerang "community of interests between man and wife is much less than amongst civilized people. The husband gorges himself before he gives the rest of his food to his wife. He is a constant check on her free will and inclinations. She regards him more as her master and enemy than as her mate. But as she is not very sensitive, and educated to her lot, she bears it patiently, and after a year or two she is happy on the whole."[159]
Speaking of the Australian aborigines in general, Curr says:[160] "The husband is almost an autocrat. His wife he may ill-treat as he chooses. In rare instances he will exchange her for another, repudiate, or give her away." He may not kill her; her relatives would kill the first of his blood. "Otherwise the husband may treat his wife as he likes." "The husband is the absolute owner of his wife. He may do as he pleases with her, treat her well or brutally, ill-use her at his pleasure; keep her to himself, prostitute her, exchange her for another, or give her away." But he adds, "Yet ... they are, on the whole, fairly happy, merry and contented."
Amongst some West Victorian tribes, "notwithstanding this drudgery and the apparent hard usage to which the women are subjected, there is no want of affection amongst the members of a family."[161] The author speaks even of "persistent disrespect and unkindness" of a wife towards her husband;[162] he speaks also of women being "legally separated"[163] from their husbands; and of magic charms worked by husbands for punishment of their wives;[164] all this would point rather to a regulated and less brutal treatment. Here we have the usual concurrence of "hard usage" and affection. Characteristic is the addition of "apparent" to "hard usage." It is, perhaps, the whole style of treatment which appears to be hard to a European observer: the scale is shifted, but undoubtedly the nervous system of the natives is less responsive, too. What Dawson says about separation and husbands recurring to magic to influence their wives, seems to speak still more in favour of the good position of women. But we must remember, that in his whole book, Dawson uses rather bright colours to picture the native character, and tries never to say anything that could shock a European reader.
Bonney asserts that "quarrels between husband and wife are rare, and they show much affection for each other in their own way." Apparent coolness in their relations is required by custom. He gives an example of a couple who "loved each other," and did not even greet after a long absence.[165] According to the statement the treatment of women was fairly good, and there was also no want of mutual affection.
Angas writes that among the aborigines, whom he had under observation (Lower Murray tribes), the man walks proudly in front, the woman following him; she is treated like a slave, and during meals receives bones and fragments like a dog.[166]
About some of the Lower Murray natives we are told by Eyre, "But little real affection exists between husbands and wives." "Women are often sadly ill-treated by their husbands," "beaten about the head with waddies," "speared in the limbs," etc. Here we have bad treatment based on absolute authority and complete want of affection. Besides, we are told, "each father of a family rules absolutely over his own circle."[167]
A statement of Mitchell (quoted by B. Smyth, i. p. 85), suggests that there could not be much affection between husband and wife. "... After a battle they (the women) do not always follow the fugitives from the field, but not infrequently go over, as a matter of course, to the victors, even with young children on their backs."[168] This statement sounds not very trustworthy. We never hear of open battles, in which fugitives would leave the camp unprotected. Besides, even if affection would not bind them to the "fugitives," would fear of the stranger and enemy not act in this direction? Little weight must be, therefore, attached to this evidence.
Taplin, about the Narrinyeri, says that sometimes the treatment of women by their husbands is very bad; but this is not always the case. "I have known as well-matched and loving couples amongst the aborigines as I have amongst Europeans."[169] This last comparison shows that the ill-treatment was not a clearly distinctive feature of the aboriginal married life.
The Encounter Bay tribe (Narrinyeri) regarded the wives "more as slaves than in any other light."[170] This statement implies lack of affection, absolute authority, and probably bad treatment. Nevertheless, we cannot be content with such a metaphorical and peremptory phrase on such an important subject. It is, therefore, useless, and adduced only as an example of how different and contradictory the statement of even good informants may be.
We are told of a case, where a black woman of the Murrumbidgee River tribe, who lived in marital relations with a white bushranger, evinced for him the greatest affection and attachment, and even several times helped him to escape justice with great self-sacrifice. Although she was ill-treated by him in the most brutal and revolting way, nothing could alter her feelings.[171] This example may serve as an illustration of how attached a black woman may be to her husband, even if he ill-treats her.
An account of the brutality of a woman's treatment is given by Tench (referring to the Port Jackson blacks). "But, indeed, the women are in all respects treated with savage barbarity; condemned not only to carry the children, but all other burthens, they meet in return for submission only with blows, kicks, and every other mark of brutality."[172] But Tench's statements do not appear to go very deeply below the surface of superficial observations.
The same author in another place adduces the wounds and scars of women as examples of "ill-treatment."[173] How much weight is to be attached to such an inference is well known, after the explanation given by Spencer and Gillen.[174] I adduce this statement as one which is obviously unreliable, at the same time being typical of a whole class of statements based upon insufficient and superficial observations.
Interesting is what Turnbull says in his old account: "The women appear to attach themselves faithfully to their husbands thus chosen: they are exceedingly jealous of them."[175]
C. P. Hodgson,[176] speaking of some New South Wales tribes, says that gins were slaves of their men and had all the drudgery of camp. The misleading term "slave" is of little use to us.
According to Collins, in the Port Jackson tribes the father enjoyed absolute authority over his family.[177]
Dr. John Fraser[178] speaks of the bad treatment of the woman by her husband amongst the natives of New South Wales. Further he says: "In spite of the hardness of their mode of life, married couples often live happily and affectionately together...."[179]
G. W. Rusden writes:[180] "... a man had power of life and death over his wife." This asserts absolute authority; we know, that as a rule, the man had not the power of death over his wife unless she proved especially guilty.
Rob. Dawson relates of the Port Stephens blacks, that they treated their wives very badly—with club and spear.[181]
Hodgkinson remarks that the women are better treated in the River MacLeay tribes than among the other tribes he had under observation.[182] This may point to a real difference in the treatment of women among different tribes, or to the fact that the other tribes which Hodgkinson might have observed were nearer the settlements, and therefore more degenerate.
As to the Euahlayi, Mrs. Parker remarks only: "In books about blacks, you always read of the subjection of the women, but I have seen henpecked black husbands."[183] This statement, which implies that bad treatment was not universal, is inexact and therefore of little use.
We read about the Central Australian tribes of Finke River: "Some married couples agree very well, live frequently quite alone in solitude, and together provide for their wants."[184] The wives are only ill-treated in case they elope.
"The women are certainly not treated usually with anything which could be called excessive harshness" among the Aruntas.[185] Only in cases of infidelity "the treatment of the woman is marked by brutal and often revolting severity."[186] The same is repeated of the Northern tribes of Central Australia.[187] We are also told that the scars that the majority of women possess are due, not to the barbarity of their husbands, but to the mourning ceremonies, during which the women beat and wound themselves severely. And the authors conclude: "Taking everything into account, however, the life of one of these savage women, judged from the point of view of her requirements ... is far from being the miserable one that it is so often pictured."[188] For what would be a severe pain to a white woman is for them merely a trifling discomfort.
We read in Barron Field, on the authority of two shipwrecked men, who spent some time among the natives of Moreton Bay, that the women are there usually well treated by their husbands.[189]
Another analogous statement is given on the Moreton Bay tribes: "The wife is rather the drudge or slave, than the companion of her husband." This (although badly formulated) means bad treatment and lack of affection as well. But we read further on that cruelty is perpetrated usually under the effect of rum; this corroborates our supposition made in connection with Lumholtz's statement. And we learn yet: "but instances also of warm and deep affection are not infrequent."[190] And the author confirms it by an example.
Among the Kabi and Wakka: "Husbands were usually affectionate to their wives, but when angered they were often brutal, thrashing them unmercifully with waddies, sometimes breaking their limbs and cracking their skulls. Still the conjugal bond generally held out for a lifetime."[191]
Lumholtz says: "The women are the humble servants or rather slaves of the native."[192] The women are ill-treated in the most cruel manner; he gives an example of a wife being awfully maltreated for a trifle.[193] But this happened among "civilized blacks." If she elopes she may be even killed. But sometimes they are examples of loving couples.[194] In another place we read of love and jealousy and of the great affection they are capable of;[195] and an example thereof is given. This statement suggests to us that much of the ill-treatment was due perhaps to the "civilization" of the blacks.
An analogous statement in this regard is given by Palmer, concerning the tribes of Upper Flinders and Cloncurry River. The lot of the women is hard and they are often treated with club and spear. There are, nevertheless, happy and mutually regardful couples.[196]
Roth says[197] that among the North-West Queensland tribes the man has absolute authority over his wife. In another place we are informed, that "in the case of a man killing his own gin, he has to deliver one of his own sisters" to be put to death. And "... a wife has always her 'brothers' to look after her interests." Thus, in some extreme cases, the husband's authority seems to be limited by his wife's kindred, who protect her.
The women among the Cape York natives are reported to have a very hard life, but occasionally there exists a strong attachment between a married couple.[198]
In West Australia the man is said to possess a full and inheritable right over his wife.[199] Grey says that they have very much to suffer, especially from the jealousy of their masters.[200] The authority of the husband appears also in the story, told in Chapter XVII, where the husband inflicts a severe beating on his two wives; nevertheless, he seems to display also a certain affection for them and great care, protecting them as far as possible.[201]
We learn from Bishop Salvado that: "La méthode qu'il [the husband] emploie pour la [his wife] corriger est si barbare, qu'il arrive bien souvent que ... il lui traverse une jambe de son Ghici, il lui casse la tête de son Danac et lui prodigue mainte autre tendresse de ce genre,"[202] in cases of jealousy. In general "L'état d'esclavage dans lequel toutes sont retenues est vraiment déplorable. La seule présence de leurs maris les fait trembler, et la mauvais humeur de ceux-ci se décharge souvent sur elles par des coups et des blessures."[203] The barbarous modes of treatment are well known to us; what is more important is the great fear they are said to have of their husbands. But, in another place, the same author speaks of tender and affectionate couples: "I love her and she loves me"[204] as a native said to him. So this statement seems not so contradictory after all with all the others, although it contradicts itself.
Among the natives of King George's Sound the women are generally very ill-treated by their husbands. But in spite of that they do not lack affection and often quarrel among themselves, taking the part of their respective husbands.[205]
Here we have a great diversity of statements and much contradiction. We read of barbarous ill-treatment and of deep affection; of drudgery and slavery imposed on wives, and of henpecked husbands; of fugitive men having recourse to magic, and of women mercilessly chastised, prostituted, and so on. Some statements contradict themselves. All this shows, in the first place, that our authors were lost in the diversity of facts and could not give an adequate generalization, which should picture for us the characteristic features of this relation (between husband and wife) as they distinguish it from the same relation in other societies. In fact, a good characterization of a given phenomena can be obtained only by comparing it with other phenomena of the same kind found under different conditions. Otherwise the observer will invariably note that aspect of the phenomenon which struck him most strongly, and not the one that is objectively the most characteristic, as is found in the present case. This is the more evident in that we do find a few statements (Howitt on Kurnai, Spencer and Gillen's remark on the Central tribes, J. Mathew), which contain all the apparently contradictory elements found in the other statements, but harmonized with one another. From these few consistent statements it appears that, although the husband had a nearly unlimited authority, and in some cases, when he had special reasons (and undoubtedly deemed himself to be within his rights), he might use his authority for a very brutal and severe chastisement, nevertheless, there was usually a mutual fondness and kindness. Taking this picture as a standard, it is possible to understand and make consistent all the other statements if we assume that they exaggerate some of the traits of the general picture.[206]
But we can make still better use of our evidence by asking some definite questions and seeing how far we get a clear answer to them. And we shall see that if, in this way, the whole picture be analytically divided into sections, the evidence will yield a quite unambiguous answer on some important points concerning the relation between man and wife in the Australian aboriginal society.
The first inquiry is into the legal aspect of the husband's authority. In accordance with our definition of "legal," we shall try to ascertain to what extent the relationship of man and wife was left to follow its natural course; at what point society interfered; and what form this intervention assumed.
After the question of authority has been answered, that of treatment will be dealt with. The legal authority gives us only a knowledge of the limits which society set to the husband's ill-treatment. But even if his freedom went very far, and if he was not compelled from outside to a certain standard of good treatment, he might feel compelled to it by his own affection.
Therefore we are led, in the third place, to ask the psychological question concerning mutual feelings between husband and wife. Affection is, of course, the most important, fundamental characteristic of any intimate personal relationship between two people. But it is, at the same time, rather difficult to give any more detailed answer on that point, when it is a question of savages whom no one has intimately studied from this point of view, and of whose psychology we have only a very slight idea. More cannot be expected than to get an answer to the quite general question: Is there anything like affection between the consorts, or is their relation based only on the fear of the woman of her husband? I would also remark that these three points—affection, treatment, and authority—although closely related, may be separately analysed, as each of them is of a different character: affection is a psychological, authority is a social factor; the treatment, being a result of them both, must be investigated separately, as we cannot foretell from either of its components the form it will assume; on the other hand, it is precisely from the treatment that we can best judge of the affection.
1. Authority.—It seems beyond doubt that in the aboriginal society the husband exercised almost complete authority over his wife; she was entirely in his hands and he might ill-treat her, provided he did not kill her. Out of our thirty statements, in six cases (Kurnai, Bangerang, Lower Murray tribes, according to Bonney, Geawe-Gal, Port Jackson tribes, North-west Central Queenslanders) the absolute authority of the husband is explicitly affirmed. We read in them either the bare statement that the husband had an absolute power over his family; or, in the better of them, we are more exactly informed that he had only to abstain from inflicting death on his wife. It was the latter's kinsman who would avenge her (Kurnai, Bangerang, North-west Central Queenslanders). It is difficult to ascertain in what form society would interfere with the husband if he transgressed the limits of his legal authority, i. e. killed his wife. Curr informs us that the woman's relatives would avenge her death. Howitt says that there would ensue a blood feud, which comes nearly to the same. It is very probable that the woman's kin retained some rights of protection.[207] The remaining statements implicitly declare that the husband's authority was very extensive. (Encounter Bay tribes according to Meyer; New South Wales tribes according to Hodgson; Port Stephens tribes according to R. Dawson; Arunta; Herbert River tribes; Queenslanders according to Palmer; Moreton Bay tribes according to J. D. Lang; South-Western tribes according to Salvado; West Australians according to Grey.) It is clear that wherever we read of excessive harshness and bad treatment, wounds, blows inflicted on women, the husband must possess the authority to do it; in other words, he does not find any social barrier preventing him from ill-treatment. Especially as, in these statements, such ill-treatment is mentioned to be the rule and not an exception. In two statements we can gather no information on this point. According to the statement of J. Dawson on the West Victoria tribes, the husband's authority appears strictly limited by the potential intervention of the chief, who could even divorce the woman if she complained. But Curr warns us against Dawson's information concerning the chief and his power.[208] Curr's arguments appear to be very conclusive. Too much weight cannot be attached, therefore, to Dawson's exceptional statement. Discarding it, we see that we have on this point fairly clear information. We may assume that society interfered but seldom with the husband, in fact, only in the extreme case of his killing his wife. Six statements are directly, and the remainder indirectly, in favour of this view, and the only one contradictory is not very trustworthy.