The existence of special religious celebrations among Indian gentes can hardly be demonstrated. But the religious rites of the Indians are more or less connected with the gens. At the six annual religious festivals of the Iroquois the sachems and chiefs of the different gentes were added to the "Keepers of the Faith" and had the functions of priests.
9. The gens had a common burial place. Among the Iroquois of the State of New York, who are crowded by white men all around them, the burial place has disappeared, but it existed formerly. Among other Indians it is still in existence, e. g., among the Tuscaroras, near relatives of the Iroquois, where every gens has a row by itself in the burial place, although they are Christians. The mother is buried in the same row as her children, but not the father. And among the Iroquois the whole gens of the deceased attends the funeral, prepares the grave and provides the addresses, etc.
10. The gens had a council, the democratic assembly of all male and female gentiles of adult age, all with equal suffrage. This council elected and deposed its sachems and chiefs; likewise the other "Keepers of the Faith." It deliberated on gifts of atonement or blood revenge for murdered gentiles and it adopted strangers into the gens. In short, it was the sovereign power in the gens.
The following are the rights and privileges of the typical Indian gens, according to Morgan: "All the members of an Iroquois gens were personally free, and they were bound to defend each other's freedom; they were equal in privileges and in personal rights, the sachems and chiefs claiming no superiority; and they were a brotherhood bound together by ties of kin. Liberty, equality and fraternity, though never formulated, were cardinal principles of the gens. These facts are material, because the gens was the unit of a social and governmental system, the foundation upon which Indian society was organized. A structure composed of such units would of necessity bear the impress of their character, for as the unit, so the compound. It serves to explain that sense of independence and personal dignity universally an attribute of Indian character."
At the time of the discovery the Indians of entire North America were organized in gentes by maternal law. Only "in some tribes, as among the Dakotas, the gentes had fallen out; in others as among the Ojibwas, the Omahas and the Mayas of Yucatan, descent had been changed from the female to the male line."
Among many Indian tribes with more than five or six gentes we find three, four or more gentes united into a separate group, called phratry by Morgan in accurate translation of the Indian name by its Greek equivalent. Thus the Senecas have two phratries, the first comprising gentes one to four, the second gentes five to eight. Closer investigation shows that these phratries generally represent the original gentes that formed the tribe in the beginning. For the marriage interdict necessitated the existence of at least two gentes in a tribe in order to realize its separate existence. As the tribe increased, every gens segmented into two or more new gentes, while the original gens comprising all the daughter gentes, lived on in the phratry. Among the Senecas and most of the other Indians "the gentes in the same phratry are brother gentes to each other, and cousin gentes to those of the other phratry"—terms that have a very real and expressive meaning in the American system of kinship, as we have seen. Originally no Seneca was allowed to marry within his phratry, but this custom has long become obsolete and is now confined to the gens. According to the tradition among the Senecas, the bear and the deer were the two original gentes, from which the others were formed by segmentation. After this new institution had become well established it was modified according to circumstances. If certain gentes became extinct, it sometimes happened that by mutual consent the members of one gens were transferred in a body from other phratries. Hence we find the gentes of the same name differently grouped in the phratries of the different tribes.
"The phratry, among the Iroquois, was partly for social and partly for religious objects." 1. In the ball game one phratry plays against another. Each one sends its best players, the other members, upon different sides of the field, watch the game and bet against one another on the result. 2. In the tribal council the sachems and chiefs of each phratry are seated opposite one another, every speaker addressing the representatives of each phratry as separate bodies. 3. When a murder had been committed in the tribe, the slayer and the slain belonging to different phratries, the injured gens often appealed to its brother gentes. These held a phratry council which in a body addressed itself to the other phratry, in order to prevail on the latter to assemble in council and effect a condonation of the matter. In this case the phratry re-appears in its original gentile capacity, and with a better prospect of success than the weaker gens, its daughter. 4. At the funeral of prominent persons the opposite phratry prepared the interment and the burial rites, while the phratry of the deceased attended the funeral as mourners. If a sachem died, the opposite phratry notified the central council of the Iroquois that the office of the deceased had become vacant. 5. In electing a sachem the phratry council also came into action. Endorsement by the brother gentes was generally considered a matter of fact, but the gentes of the other phratry might oppose. In such a case the council of this phratry met, and if it maintained its opposition, the election was null and void. 6. Formerly the Iroquois had special religious mysteries, called medicine lodges by the white men. These mysteries were celebrated among the Senecas by two religious societies that had a special form of initiation for new members; each phratry was represented by one of these societies. 7. If, as is almost certain, the four lineages occupying the four quarters of Tlascalá at the time of the conquest were four phratries, then it is proved that the phratries were at the same time military units, as were the Greek phratries and similar sex organizations of the Germans. Each of these four lineages went into battle as a separate group with its special uniform and flag and its own leader.
Just as several genres form a phratry so in the classical form several phratries form a tribe. In some cases the middle group, the phratry, is missing in strongly decimated tribes.
What constitutes an Indian tribe in America? 1. A distinct territory and a distinct name. Every tribe had a considerable hunting and fishing ground beside the place of its actual settlement. Beyond this territory there was a wide neutral strip of land reaching over to the boundaries of the next tribe; a smaller strip between tribes of related languages, a larger between tribes of foreign languages. This corresponds to the boundary forest of the Germans, the desert created by Caesar's Suevi around their territory, the isârnholt (Danish jarnved, Latin limei Danicus) between Danes and Germans, the sachsen wald (Saxon forest) and the Slavish branibor between Slavs and Germans giving the province of Brandenburg its name. The territory thus surrounded by neutral ground was the collective property of a certain tribe, recognized as such by other tribes and defended against the invasion of others. The disadvantage of undefined boundaries became of practical importance only after the population had increased considerably.
The tribal names generally seem to be more the result of chance than of intentional selection. In course of time it frequently happened that a tribe designated a neighboring tribe by another name than that chosen by itself. In this manner the Germans received their first historical name from the Celts.