Their penal code is far from Draconian. A fine of a few strings of allicochick appeases the wrath of a murdered man's relatives and satisfies the requirements of custom. A woman may be slaughtered for half the sum it costs to kill a man. Occasionally banishment from the tribe is the penalty for murder, but capital punishment is never resorted to. The fine, whatever it is, must be promptly paid, or neither city of refuge nor sacred altar-horns will shield the murderer from the vengeance of his victim's friends.480
WOMEN AND DOMESTIC AFFAIRS.
In vain do we look for traces of that Arcadian simplicity and disregard for worldly advantages generally accorded to children of nature. Although I find no description of an actual system of slavery existing among them, yet there is no doubt that they have slaves. We shall see that illegitimate children are considered and treated as such, and that women, entitled by courtesy wives, are bought and sold. Mr. Drew asserts that the Klamath children of slave parents, who, it may be, prevent the profitable prostitution or sale of the mother, are killed without compunction.481
Marriage, with the Northern Californians, is essentially a matter of business. The young brave must not hope to win his bride by feats of arms or softer wooing, but must buy her of her father, like any other chattel, and pay the price at once, or resign in favor of a richer man. The inclinations of the girl are in nowise consulted; no matter where her affections are placed, she goes to the highest bidder, and "Mammon wins his way where seraphs might despair." Neither is it a trifling matter to be bought as a wife; the social position of the bride herself, as well as that of her father's family thereafter, depends greatly upon the price she brings; her value is voted by society at the price her husband pays for her, and the father whose daughter commands the greatest number of strings of allicochick, is greatly to be honored. The purchase effected, the successful suitor leads his blushing property to his hut and she becomes his wife without further ceremony. Wherever this system of wife-purchase obtains, the rich old men almost absorb the female youth and beauty of the tribe, while the younger and poorer men must content themselves with old and ugly wives. Hence their eagerness for that wealth which will enable them to throw away their old wives and buy new ones. When a marriage takes place among the Modocs, a feast is given at the house of the bride's father, in which, however, neither she nor the bridegroom partake. The girl is escorted by the women to a lodge, previously furnished by public contributions, where she is subsequently joined by the man, who is conducted by his male friends. All the company bear torches, which are piled up as a fire in the lodge of the wedded pair, who are then left alone. In some tribes this wife-traffic is done on credit, or at least partially so; but the credit system is never so advantageous to the buyer as the ready-money system, for until the full price is paid, the man is only 'half-married,' and besides he must live with his wife's family and be their slave until he shall have paid in full.482 The children of a wife who has cost her husband nothing are considered no better than bastards, and are treated by society with contumely; nobody associates with them, and they become essentially ostracized. In all this there is one redeeming feature for the wife-buyer; should he happen to make a bad bargain he can, in most instances, send his wife home and get his money back. Mr. Gibbs asserts that they shoot their wives when tired of them, but this appears inconsistent with custom.
ADULTERY AND CHASTITY.
Polygamy is almost universal, the number of wives depending only on the limit of a man's wealth. The loss of one eye, or expulsion from the tribe, are common punishments for adultery committed by a man. A string of beads, however, makes amends. Should the wife venture on any irregularity without just compensation, the outraged honor of her lord is never satisfied until he has seen her publicly disemboweled. Among the Hoopahs the women are held irresponsible and the men alone suffer for the crime.483 Illegitimate children are life-slaves to some male relative of the mother, and upon them the drudgery falls; they are only allowed to marry one in their own station, and their sole hope of emancipation lies in a slow accumulation of allicochick, with which they can buy their freedom. We are told by Mr. Powers that a Modoc may kill his mother-in-law with impunity. Adultery, being attended with so much danger, is comparatively rare, but among the unmarried, who have nothing to fear, a gross licentiousness prevails.484
Among the Muckalucs a dance is instituted in honor of the arrival of the girls at the age of puberty. On the Klamath, during the period of menstruation the women are banished from the village, and no man may approach them. Although the principal labor falls to the lot of the women, the men sometimes assist in building the wigwam, or even in gathering acorns and roots.485 Kane mentions that the Shastas, or, as he calls them, the Chastays, frequently sell their children as slaves to the Chinooks.486 Dances and festivities, of a religio-playful character, are common, as when a whale is stranded, an elk snared, or when the salmon come. There is generally a kind of thanksgiving-day once a year, when the people of neighboring tribes meet and dance. The annual feast of the Veeards is a good illustration of the manner of these entertainments. The dance, which takes place in a large wigwam, is performed by as many men as there is room for, and a small proportion of women. They move in a circle slowly round the fire, accompanying themselves with their peculiar chant. Each individual is dressed in all the finery he can muster; every valuable he possesses in the way of shells, furs, or woodpecker-scalps, does duty on this occasion; so that the wealth of the dancers may be reckoned at a glance. When the dance has concluded, an old gray-beard of the tribe rises, and pronounces a thanksgiving oration, wherein he enumerates the benefits received, the riches accumulated, and the victories won during the year; exhorting the hearers meanwhile, by good conduct and moral behavior, to deserve yet greater benefits. This savage Nestor is listened to in silence and with respect; his audience seeming to drink in with avidity every drop of wisdom that falls from his lips; but no sooner is the harangue concluded than every one does his best to violate the moral precepts so lately inculcated, by a grand debauch.
The Cahrocs have a similar festival, which they call the Feast of the Propitiation. Its object is much the same as that of the feast just described, but in place of the orator, the chief personage of the day is called the Chareya, which is also the appellation of their deity. No little honor attaches to the position, but much suffering is also connected with it. It is the duty of the Chareya-man to retire into the mountains, with one attendant only, and there to remain for ten days, eating only enough to keep breath in his body. Meanwhile the Cahrocs congregate in honor of the occasion, dance, sing, and make merry. When the appointed period has elapsed, the Chareya-man returns to camp, or is carried by deputies sent out for the purpose, if he have not strength to walk. His bearers are blindfolded, for no human being may look upon the face of the Chareya-man and live. His approach is the signal for the abrupt breaking up of the festivities. The revelers disperse in terror, and conceal themselves as best they may to avoid catching sight of the dreaded face, and where a moment before all was riot and bustle, a deathly stillness reigns. Then the Chareya-man is conducted to the sweat-house, where he remains for a time. And now the real Propitiation-Dance takes place, the men alone participating in its sacred movements, which are accompanied by the low, monotonous chant of singers. The dance over, all solemnity vanishes, and a lecherous saturnalia ensues, which will not bear description. The gods are conciliated, catastrophes are averted, and all is joy and happiness.487
SPORTS AND GAMES.
A passion for gambling obtains among the northern Californians as elsewhere. Nothing is too precious or too insignificant to be staked, from a white or black deer-skin, which is almost priceless, down to a wife, or any other trifle. In this manner property changes hands with great rapidity.
I have already stated that on the possession