we find the communal rotation of the crops; with the
Indian stem of the Wyandots we have the periodical
redistribution of land within the tribe, and the clan-culture
of the soil; and in all those parts of Sumatra where
Moslem institutions have not yet totally destroyed
the old organization we find the joint family (suka)
and the village community (kota) which maintains its
right upon the land, even if part of it has been cleared
without its authorization.(41) But to say this, is
to say that all customs for mutual protection and prevention
of feuds and wars, which have been briefly indicated
in the preceding pages as characteristic of the village
community, exist as well. More than that:
the more fully the communal possession of land has
been maintained, the better and the gentler are the
habits. De Stuers positively affirms that wherever
the institution of the village community has been
less encroached upon by the conquerors, the inequalities
of fortunes are smaller, and the very prescriptions
of the lex talionis are less cruel; while, on the
contrary, wherever the village community has been
totally broken up, “the inhabitants suffer the
most unbearable oppression from their despotic rulers."(42)
This is quite natural. And when Waitz made the
remark that those stems which have maintained their
tribal confederations stand on a higher level of development
and have a richer literature than those stems which
have forfeited the old bonds of union, he only pointed
out what might have been foretold in advance.
More illustrations would simply involve me in tedious
repetitions—so strikingly similar are the
barbarian societies under all climates and amidst
all races. The same process of evolution has
been going on in mankind with a wonderful similarity.
When the clan organization, assailed as it was from
within by the separate family, and from without by
the dismemberment of the migrating clans and the necessity
of taking in strangers of different descent—the
village community, based upon a territorial conception,
came into existence. This new institution, which
had naturally grown out of the preceding one—
the clan—permitted the barbarians to pass
through a most disturbed period of history without
being broken into isolated families which would have
succumbed in the struggle for life. New forms
of culture developed under the new organization; agriculture
attained the stage which it hardly has surpassed until
now with the great number; the domestic industries
reached a high degree of perfection. The wilderness
was conquered, it was intersected by roads, dotted
with swarms thrown off by the mother-communities.
Markets and fortified centres, as well as places of
public worship, were erected. The conceptions
of a wider union, extended to whole stems and to several
stems of various origin, were slowly elaborated.
The old conceptions of justice which were conceptions
of mere revenge, slowly underwent a deep modification—the
idea of amends for the wrong done taking the place