From Copyright Photograph 1906 by E.S. Curtis
The Coyoteros are divided into five bands, each consisting of a number of clans, although in one band there are now survivors of a single clan only, while in others as many as seven or eight clans are still to be found. Descent among the Apache generally is reckoned through the mother; that is, the children belong to their mother's clan. An exception to this rule is said by "Peaches," an old Apache scout under Crook, to exist among the Chiricahua, where the children take the gens of the father. Among the Apache some of the younger generation are inclined to disregard tribal laws respecting marriage, but in former times they were rigidly enforced, marriage within the clan or the gens being regarded as incestuous. When asked what would happen if a man and a woman belonging to the same clan should marry, one old man answered that both would be quickly put to death.
In the Appendix are given the clan names of the Coyoteros, also of the Arivaipa and the Chiricahua. Geronimo, Chato, and Cochise were members of the Aiahán, People of the East, clan. Most of the clan names are derived from localities in which the ancestors of the clan are supposed to have first lived.
With the Apache, as with other tribes, the clan organization has an important bearing on property right. Regardless of what property either spouse may hold or own at the time of marriage, the other immediately becomes possessed of his or her moiety. Should the wife die, her husband retains possession of the property held in common so long as he does not remarry, but what might be termed the legal ownership of the wife's half interest becomes vested in her clan. Should he attempt to dissipate the property the members of the deceased wife's clan would at once interfere.[pg 023] If the widower wishes to marry again and the woman of his choice belongs to the clan of his former wife, then he and the new wife become owners in common of all personal property held by him; but if the second wife belongs to a different clan from that of the former wife, then the husband must make actual transfer of half of the common property to the clanspeople of the deceased woman, who inherited the legal interest in it at their relative's death. The same tribal law applies in the case of a widow.
Much internal strife naturally results whenever an actual distribution of property is made. In the first place the surviving spouse unwillingly relinquishes the moiety of the property to the relatives of the deceased, and the immediate relatives often disagree with the remainder of the clan. In former times death of one or more members of contending clans often resulted when the division of much property was made. Having no tribunal for making an equitable division, the matter was left to mutual agreement, resulting in disputes and frequently murder.
With the breaking up of the clans, together with the rapid disintegration of ancient customs and laws, this property law is fast becoming forgotten; but so recently as 1906 such disputes as those mentioned occurred under both the Fort Apache and San Carlos agencies, creating no little ill-feeling. In one instance a man refused to deliver possession of half of his little herd of horses to his deceased wife's clanspeople when contemplating marriage with another woman, and appealed to the missionaries for aid. He was compelled to make the division, however, before he could remarry.
MYTHOLOGY - CREATION MYTH
There was a time when nothing existed to form the universe—no earth, no sky, and no sun or moon to break the monotony of the illimitable darkness. But as time rolled on, a spot, a thin circular disc no larger than the hand, yellow on one side and white on the other, appeared in midair. Inside the disc sat a bearded man but little larger than a frog, upon[pg 024] whom was to fall the task of creating all things. Kútĕrastan, The One Who Lives Above, is the name by which he is now known, though some call him Yŭádĭstan, Sky Man.
