MARRIAGE
AND
DIVORCE
PRACTICES
IN
NATIVE
CALIFORNIA
By
Kjerstie
Nelson
Archaeological
Research
Facility
Department
of
Anthropology
University
of
California
Berkeley,
CA
94720
1975
A4*A
w4
A
X
Facsimile
Reprint
by
,
Coyote
Press
P.O.
Box
3377
Salinas,
CA
93912
http
://www.CoyotePress.com
MARRIAGE
AND
DIVORCE
PRACTICES
IN
NATIVE
CALIFORNIA
by
Kjerstie
Nelson
ARCHAEOLOGICAL
RESEARCH
FACILITY
Department
of
Anthropology
Berkeley,
CA
94720
1975
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Kirch,
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Archaeological
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Maui,
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79-1,
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Rev.
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T.,
1851.
Life
in
the
Sandwich
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the
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Is
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Was.
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Chun,
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N.,
1993.
Nd
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First
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1929.
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the
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R.,
and
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Kaschko,
1980.
Prehistoric
archaeology
in
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units
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with
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7:403-416.
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John
Wesley,
1931.
Population
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and
Sea
in
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1853.
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P.
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88.
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1968.
Shoal
of
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the
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A.
Carpenter,
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Eble,
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Mitchell,
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Major,
1995.
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34(2):229-256.
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and
Ross
Cordy,
Eds.,
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Preliminary
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Kahikinui
Homeland
Archaeological
Survey,
Hana
District,
Maui.
SHPD,
Maui
Annex,
Wailuku.
Dixon,
B.,
and
R.
Cordy,
1997.
District
Wide
Research
Questions
for
Kahikinui,
Maui.
SHPD,
Maui
Annex,
Wailuku.
Dixon,
B.,
and
M.
Major,
1992.
Kapukahehu
to
Pu'uhakina:
An
Archaeological
Inventory
Survey
of
Southwest
Moloka'i,
Hawai'i.
Manuscript
Report
on
file,
Anthropology
Department,
Bishop
Museum,
Honolulu.
Dixon,
B.,
P.
Conte,
V.
Nagahara,
and
K.
Hodgins,
1996.
An
Upland
Forest
Periphery
Survey
of
Kipapa
and
Nakaohu
Ahupua'a,
on
Kahikinui
Homelands,
Maui.
Paper
given
at
the
9th
Annual
Hawaiian
Archaeology
Conference,
Kihei.
Dixon,
B.,
M.
Major,
M.
Price,
A.
Carpenter,
C.
Stine,
and
B.
Longton,
1994.
Lithic
tool
production
and
dryland
planting
adaptations
to
regional
agricultural
intensification:
Preliminary
evidence
from
leeward
Moloka'i,
Hawai'i.
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Occasional
Papers
39:1-19.
Honolulu:
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Dunmore,
J.,
ed.
1994.
The
Journal
of
Jean-Franfois
de
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de
Ia
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179.
London:
The
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Society.
Erkelens,
C.
1995.
Phase
I
Archaeological
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Cultural
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National
Laboratory.
Honolulu:
International
Archaeological
Research
Institute,
Inc.
INTRODUCTION
The
subject
of
native
marriage
and
divorce
practices
in
California
is
well-documented.
Almost
every
ethnographer
who
has
worked
with
native
Californians
has
taken
care
to
solicit
information
pertaining
to
marriage
and
divorce
customs.
In
addition,
notes
on
the
subject
appear
in
the
diaries
and
journals
of
early
explorers
and
Spanish
missionaries.
Since
most
adults
in
aboriginal
society
were
married,
information
on
the
subject
was
readily
available
to
interested
anthropologists.
As
a
result,
much
information
on
marriage
and
divorce
is
recorded
in
individual
ethnographies
and
various
early
accounts.
Kroeber
(1925:839)
and
Spier
(1930:280-281)
have
provided
some
helpful
generalizations
on
the
subject,
but
little
effort
has
been
made
to
conduct
a
state-wide
survey
of
marriage
and
divorce
practices.
The
purpose
of
this
paper
is
to
present
such
a
survey,
in
which
many
aspects
of
marriage
and
divorce
are
discussed
on
a
state-wide
basis.
In
preparing
this
paper,
the
author
has
encountered
certain
factors
which
must
be
taken
into
account.
These
factors
relate
to
the
reliability
of
the
sources
used
in
writing
this
study.
Several
problems
in
credibility
arose
which
could
be
traced
to
either
the
informant
or
the
ethnographer.
These
errors
are
not
always
recognizable
and
thus
are
a
source
of
mistakes
in
this
paper.
For
example,
an
informant
might
idealize
the
past
in
his
accounts
or
he
may
exaggerate
his
role
in
a
situation
in
order
to
impress
the
ethnographer.
More
error
might
be
introduced
if
the
informant
integrated
white
practices
or
ideals
into
his
accounts.
For
example,
Drucker
elicited
information
from
a
Diegueno
woman
who
was
such
a
devout
Catholic
that
she
denied
that
divorce
was
ever
permitted,
even
aboriginally
(Drucker
1937b:27,
49).
In
some
cases,
the
authors
of
reports
express
doubts
as
to
their
informants'
reliability.
The
ethnographer
himself
is
not
exempt
from
these
tendencies.
In
addition
to
general
errors
introduced
through
lack
of
perception
and
judge-
ment,
personal
prejudices
also
tend
to
affect
the
presentation
of
ethnograph-
ic
material.
In
addition,
white
influence
may
have
altered
native
practices
significantly;
these
practices
are
sometimes
mistakenly
represented
as
aborig-
inal.
In
addition
to
topics
directly
related
to
married
life
among
Califor-
nia
Indians,
the
author
also
presents
native
attitudes
toward
premarital
sex
and
pregnancy,
as
well
as
illegitimacy,
in
an
attempt
to
offer
a
suitable
background
for
the
material
presented
in
the
remainder
of
the
paper.
With
the
same
purpose
in
view,
a
short
discussion
of
love
magic
and
related
be-
liefs
is
also
included.
2
In
order
to
present
the
reader
with
a
fuller
concept
of
marriage
beliefs
and
ideals,
a
section
of
this
paper
deals
with
native
criteria
em-
ployed
in
choosing
a
spouse.
These
requirements
included
personal
attributes
such
as
industriousness,
and
other
considerations
such
as
wealth
and
social
standing.
An
analysis
of
kinship
restrictions
and
clan
and
moiety
exogamy
is
also
given.
In
addition,
language
and
distance
factors
are
presented.
Following
a
short
discussion
of
bride
purchase
as
it
applies
to
California
marriages,
a
discussion
of
marriage
customs
is
presented
on
an
areal
basis.
These
areas
are
admittedly
ill-defined,
due
to
the
lack
of
available
data
or
the
presence
of
conflicting
information.
The
examples
given
are
by
no
means
all-inclusive,
but
simply
serve
to
acquaint
the
reader
with
marriage
practices via
specific
examples
from
throughout
California.
This
section
includes
marriage
arrangements
involving
nubile
couples,
child
betroth-
al,
and
elopement.
The
section
devoted
to
married
life
naturally
follows.
These
passages
include
native
practices
regarding
postmarital
residence,
menstrual
practices
and
the
couvade,
and
behavior
towards
one's
relatives-in-law.
Ideals
and
concepts
related
to
hospitality,
treatment
of
one's
spouse,
child-raising,
and
marital
fidelity
and
infidelity
are
also
presented.
Polygyny,
a
practice
of
most
California
groups,
is
also
given
atten-
tion.
Multiple
marriages
are
discussed
with
respect
to
status,
wealth,
bride
payment,
household
harmony,
and
uxorial
residence.
Although
a
complete
study
of
marriage
and
divorce
customs
should
in-
clude
a
survey
of
marriage
as it
is
represented
in
mythology,
the
author
did
not
attempt
to
make
such
a
survey.
Some
mythological
material
is
presented
here
but not
as
a
result
of
exhaustive
research.
A
segment
of
this
paper
deals
with
its
second
major
topic,
divorce.
The
causes
and
methods
of
obtaining
divorce
are
discussed.
Some
references
are
made
with
regard
to
the
areal
divisions
set
forth
in
the
preceding
sec-
tion
on
marriage
arrangements
and
observances.
Mourning
practices
following
the
decease
of
one's
spouse
are
covered,
as
well
as
remarriage
of
widows
and
widowers.
The
levirate
and
sororate
were
widely
practiced
in
California
and
a
discussion
of
those
customs
is
related
here.
A
short
section
of
this
paper
is
devoted
to
transvestism
and
reported
marriages
for
both
male
and
female
berdaches.
The
final
section
of
this
paper
is
devoted
to
white
contact
and
its
3
effect
on
native
marriage
and
divorce
practices.
CRITERIA
EMPLOYED
IN
CHOOSING
A
SPOUSE
When
asked
to
name
the
qualities
desired
in
a
spouse,
native
inform-
ants
gave
basically
the
same
qualifications
regardless
of
group
affiliation.
In
fact,
these
traits,
with
a
few
exceptions,
are
applicable
in
most
socie-
ties,
including
our
own.
These
criteria
are
best
summed
up
in
Bean's
study
of
the
Cahuilla
(Bean
1972a:91):
the
ideal
spouse
was
described
as
being
cognizant
of
kin
obligations
and
respectful
of
elders.
He
or
she
was
competent
and
industrious
in
economic
activities:
in
a
man
this
implied
physical
strength
and
skill
in
hunting;
in
a
woman,
this
involved
diligent
working
habits,
cooking
ability,
and
child-bearing
potential.
A
man
was
more
desirable
if
he
was
to
inherit
a
political
or
ceremonial
role
in
the
community,
or
if
he
showed
promise
of
becoming
a
shaman.
In
addition,
family
repute
was
an
important
consideration.
Of
the
Cahuilla,
Hooper
(1920:353)
states:
"The
man
who
was
the
best
hunter
was
held
in
very
high
esteem.
The
woman
who
could
do
the
most
work
in
the
shortest
time
was
the
ideal
woman."
Marital
ideals
were
naturally
reflected
in
myth;
a
Wiyot
myth
relates
that
Eagle
was
dissatisfied
with
his
second
wife,
Deer,
who
was
a
bad
cook
(Reichard
1925:175).
The
Atsugewi
placed
great
emphasis
on
industriousness,
which
was
con-
sidered
a
prerequisite
in
acquiring
a
mate
(Garth
1945:560).
Men
reportedly
watched
unmarried
girls
as
they
came
home
from
gathering
roots,
and
chose
to
marry
those
who
collected
the
most
roots.
One
Atsugewi
informant
is
quoted
as
saying
that
a
good
woman
was
"worth
big
money.
She
would
rustle
and
get
more
food
than
a
man
would"
(Garth
1953:163).
Garth
also
maintained
that
lazy
individuals
had
a
hard
time
getting
mates,
and
that
some
never
married
(Garth
1945:560).
Holt
reports
a
similar
attitude
among
the
Shasta:
"A
lazy
man
doesn't
get
a
wife,
because
anyone
who
has
a
daughter
worth
buying
doesn't
want
a
man
of
that
kind
around."
This
opinion
was
universal
in
California.
There
is
no
definite
information
regarding
the
average
age
of
indi-
viduals
at
marriage,
since
Indians
did
not
keep
track
of
age.
Some
estimates
seem
high,
for
example,
thirty
to
thirty-five
years
for
men
and
twenty
years
for
women
(Loeb
1926:280,
Pomo),
or
twenty-five
to
thirty
for
men
and
twenty
to
thirty
for
women
(Foster
1944:184,
Yuki).
A
more
reasonable
estimate
for
age
at
marriage
is
two
to
three
years
after
puberty
for
women
and
a
few
years
older
than
that
for
men.
4
Individuals
of
the
same
degree
of
wealth
and
social
standing
tended
to
intermarry.
Wealthy
or
prominent
men
made
a
point
of
finding
suitable
wives
for
their
sons.
Likewise,
the
Hupa
maintained
that
a
bastard
was
of
the
lowest
social
standing
and
that
he
could
marry
"only
with
his
kind"
(Goddard
1903:56).
Among
some
groups,
however,
there
existed
no
apparent
social
distinctions
to
bar
marriage
(Engelhardt
1924:68).
Yurok
women
who
became
doctors
before
marriage
were
desired
as
wives
because
of
their
lucrative
powers.
Waterman
and
Kroeber
tell
of
a
father
who
half-married
his
shaman
daughter
so
that
her
wealth
would
remain
under
his
control
(Waterman
and
Kroeber
1943:3).
Even
then,
he
was
able
to
exact
a
higher-than-normal
half-payment
on
account
of
his
daughter's
earning
power.
Girls
who
were
virgins
were
desirable
as
wives
because
their
behavior
indicated
that
they
would
make
chaste
wives
and
would
be
faithful
to
their
husbands.
Promiscuous
girls
were
sometimes
beaten
by
their
parents
(Foster
1944:185,
Yuki;
Goddard
1903:55,
Hupa).
Immoral
girls
commanded
a
lower
bride
price
than
the
average
(Kroeber
1925:32,
Yurok).
Dixon
reports
this
attitude
among
the
Shasta:
if
a
girl
was
immoral,
her
parents
were
usually
glad
to
get
rid
of
her.
The
man
who
married
her
was
not
asked
to
pay
any
great
sum.
They
were
both
looked
down
upon
(Dixon
1907:463).
One
exception
to
this
general
opinion
existed
among
the
Yumans
of
the
Colorado
River
area.
A
woman's
premarital
sexual
experiences
did
not
carry
the
disapprobation
which
was
common
elsewhere
in
the
state
(T.
Kroeber
and
Heizer
1968:45).
As
a
rule,
mates
were
not
chosen
on
the
basis
of
physical
beauty
(Goldschmidt
1951:377,
Nomlaki).
"A
man
who
chose
a
wife
on
the
basis
of
beauty
was
considered
foolish
and
shallow.
'They
said
he
didn't
marry
the
woman,
he
just
married
her
looks"'
(Holt
1946:322,
Shasta).
Dixon
states
that
a
woman's
parents
might
send
their
daughter
to
a
man
who
was
known
to
be
a
good
hunter.
This
custom
was
reported
for
the
northeastern
Maidu
(Dixon
1905:241),
Chimariko
(Dixon
1910:301),
and
Shasta
(Dixon
1907:462-463).
Among
the
northeastern
Maidu,
direct
payment
was
never
expected
of
the
man;
a
man
could
have
as
many
wives
as
he
could
acquire
and
maintain
(Dixon
1905:241).
For
the
Shasta
and
Chimariko,
however,
this
practice
could
not
have
been
a
matter
of
providing
a
wife
wholly
gratis.
This
would
have
been
unheard
of,
since
the
children
resulting
from
the
union
would
be
considered
illegitimate.
Rather,
payment
was
not
foregone
but
merely
deferred,
since
the
girl's
parents
knew
that
the
man
was
reliable
and
competent
(Dixon
1907:462-463;
Holt
1946:322).
It
was
considered
a
great
insult
to
the
woman
and
her
family
if
the
man
refused
her.
A
man
who
was
adept
at
making
a
livelihood
had
little
trouble
in
obtaining
a
wife,
even
if
5
he
was
unable
to
pay
the
bride
price
until
later.
It
is
interesting
to
note
that
the
distribution
of
this
practice
coincides
with
the
distribution
of
a
particular
anthropologist;
it
is
possible
that
Dixon
looked
for
this
trait
while
others
merely
overlooked
it.
It
seems
likely
that
the
custom
had
a
wider
distribution.
Distance
was
naturally
a
factor
in
spouse
selection.
Intermarriage
usually
took
place
between
those
groups
which
had
frequent
contact.
That
is
not
to
say
that
distance
was
an
insurmountable
factor.
As
Strong
states
of
the
Desert
Cahuilla:
"The
situation
in
general
was
very
similar
to
that
of
our
own
society,
where
people
that
are
in
contact
with
each
other
tend
to
marry
while
those
farther
away
and
less
well
acquainted
do
not,
but
there
was
no
rule
against
such
unions
should
chance
or
personal
inclination
defeat
dis-
tance"
(Strong
1929:74).
Chiefs
and
important
men
may
have
gone
farther
than
ordinary
men
to
find
acceptable
wives
(Drucker
1937a:247,
Tolowa;
Holt
1946:323,
Shasta).
Sometimes
men
were
compelled
to
go
beyond
their
own
villages
to
locate
wives,
usually
due
to
a
real
or
imagined
blood
relationship
between
the
in-
habitants
of
the
village.
Conversely,
others
could
marry
within
their
own
villages;
for
example,
Yurok
men
"were
more
likely
to
marry
a
girl
the
nearer
her
house
stood
to
theirs
--
provided
she
was
not
recognized
kin"
(Waterman
and
Kroeber
1934:7).
This
practice
reflects
the
Yurok's
much-accentuated
provincialism.
It
is
more
probable
that
marriages
with
other
groups
resulted
from
the
existence
of
friendly
ties
than
that
intermarriages
created
good
relations.
Some
groups
thought
it
well
to
marry
outside
of
their
village
or
group
to
maintain
peaceful
and
friendly
ties
(Garth
1953:54,
Atsugewi;
Goldschmidt
1948:
445,
Southern
Wintun).
One
reason
for
marrying
a
woman
from
a
distant
village
was
that
she
was
less
likely
to
return
home
after
a
quarrel
(Driver
1939:404).
On
the
other
hahd,
some
avoided
marrying
outside
their
group
because
wars
would
cause
divided
families
(Foster
1944:185,
Yuki).
The
Pomo
did
not
commonly
marry
outside
their
own
villages,
usually
due
to
prevalent
wars
and
the
fear
of
poisoning.
Families
who
acted
as
messengers
and
emissaries
to
other
villages
were
an
exception
to
this
rule
(Colson
1974:17).
Another
matter
to
consider
is
that
of
language
differences.
This
is
particularly
true
in
California
due
to
the
diversity
of
languages
spoken
in
the
state.
For
example,
Yokuts
commonly
married
individuals
of
other
Yokuts
tribes
whose
dialects
were
different.
As
a
result,
many
Yokuts
were
bi-
lingual,
or
at
least
spoke
several
dialects
(Kroeber
1925:493).
Bean
reports
that
the
Cahuilla
occasionally
married
with
the
Yuma,
Luiseno,
Diegueno,
Serrano,
Chemehuevi,
and
Gabrielino
(Bean
1972a:93).
This
is
not
intended
as
evidence
that
language
did
not
create
a
barrier
with
respect
to
spouse
choice;
it
simply
implies
that
the
problem
was
not
an
6
insuperable
one.
With
respect
to
marriage,
romantic
love
was
a
luxury
in
which
the
Indian
could
not
afford
to
indulge:
romantic
love
affairs
were
indulged
in,
but
were
not
considered
a
basis
for
marriage.
Native
marriages
were,
of
necessity,
built
on
more
practical
considerations.
That
is
not
to
say
that
native
couples
did
not
love
one
another,
but
love
per
se
was
never
offered
as
a
reason
for
marriage;
it
was
recognized,
however,
that
a
marriage
was
more
successful
if
the
couple
loved
one
another
(Goldschmidt
1951:377).
Since
the
majority
of
unions
were
arranged
by
parents,
love
was
usually
not
taken
into
consideration;
a
vigilant
father
was
more
likely
to
be
interested
in
a
young
suitor's
hunting
ability.
In
addition
to
personal,
social,
linguistic,
and
geographic
consid-
erations,
kinship
restrictions
also
played
a
role
in
obtaining
a
spouse.
These
limitations
ranged
in
character
from
prohibitions
against
marrying
traceable
blood
kin
to
clan
and
moiety
exogamy.
The
primary
restriction
was
that
against
marrying
recognized
blood
kin.
This
rule
was
universal
in
the
state,
save
a
few
exceptions
which
are
discussed
below.
Among
the
Luiseno,
members
of
one's
family
by
adoption
were
considered
true
kin
and
also
were
not
eligible
for
marriage
(Sparkman
1908:214).
However,
this
was
not
true
of
all
California
groups.
The
Tubatulabal
dis-
approved
of
sister-exchange
marriages
on
the
grounds
that
it
was
"too
much
like
marrying
relations"
(Voegelin
1938:144).
Marriage
among
cousins
was
usually
proscribed,
particularly
since
one's
own
cousins
were
often
considered
to
be
as
closely
related
as
one's
own
siblings
(Lowie
1939:309,
Washo;
Nomland
1935:160,
Sinkyone).
The
most
common
belief
regarding
such
marriages
was
that
deformed
children
would
re-
sult
(Foster
1944:185,
Yuki).
The
Wintu
believed
that
children
born
of
such
marriages
would
have
crossed
eyes
(DuBois
1935:56).
The
Atsugewi
lacked
kin
terms
for
children
resulting
from
marriage
between
cousins;
they
contended
that
these
children
were
likely
to
die
young
(Garth
1953:163).
The
Mattole
thought
that
children
born
of
cousin
marriages
would
be
berdaches,
crippled,
or
feeble-minded
(Driver
1939:403).
One
exception
to
the
rule
against
marrying
recognized
kin
occurred
among
the
Tolowa,
who
might
marry
maternal
relatives
to
strengthen
family
ties.
One's
paternal
relatives
were
considered
to
be
too
closely
related
to
marry
(Drucker
1937a:247).
It
is
interesting
to
note
that
Kroeber
reports
that
the
Tolowa
kinship
system
placed
emphasis
on
separating
relatives
through
the
father
from
relatives
through
the
mother
(Kroeber
1937:14).
Driver
reports
that
marriages
took
place
between
kin
among
the
Yurok,
7
Karok,
Tolowa,
and
Hupa
(Driver
1939:402-403);
however,
this
only
occurred
due to
extenuating
circumstances.
Among
the
Yurok
and
Hupa,
marriages
be-
tween
relatives
might
occur
if
pregnancy
resulted
from
an
incestuous
affair.
The
Karok
allowed
marriage
to
take
place
if
the
two
relatives
had
had
sexual
intercourse;
if
they
married
others
instead,
the
related
pair
would
have
to
pay
a
fine
for
speaking
to
one
another.
When
incestuous
relationships
occurred
among
the
Tolowa,
it
was
felt
that
the
damage
had
already
been
done
and
so
it
would
not
hurt
if
the
couple
married.
Both
clan
and
moiety
exogamy
were
practiced
in
California.
A
lengthy
explanation
of
these
social
systems
is
beyond
the
scope
of
this
paper
as
well
as
the
ability
of
the
author,
who
will
merely
state
the
distribution
of
these
institutions
where
they
served
to
regulate
marriage.
Clan
exogamy
was
prac-
ticed
by
the
Mohave,
Diegueno,
and
Yuma
(Olson
1933:362,
404)
of
southern
California.
The
Yokuts,
Miwok,
and
possibly
the
Salinan
observed
moiety
ex-
ogamy
(Olson
1933:362,
404).
The
Western
Mono
had
a
form
of
social
organ-
ization
which
resembled
moieties
in
many
respects
except
that
they
were
not
exogamous
(Kroeber
1925:588;
Olson
1933:405).
Both
clan
and
moiety
exogamy
have
been
reported
for
the
Cupeno,
Serrano,
and
Cahuilla
(Olson
1933:405).
Strong
(1929:288-291)
suggests
that
the
Luiseno
once
had
moieties
due
to
the
traces
of
dichotomous
social
organization
which
he
observed
in
their
society.
Subsequent
work
by
White
(1963:162)
also
supports
this
theory.
The
Luiseno
also
possessed
exogamous
clans
(Gifford
1926:396;
Strong
1929:279).
As
stated
in
Luiseno
myth,
"All
the
people
in
each
place
were
related
and
had
the
same
name.
They
could
not
marry
with
others
who
had
the
same
name,
but
the
boys'
parents
always
went
away
and
picked
out
wives
for
them"
(Strong
1929:285).
Some
speculations
have
been
made
regarding
how
strictly
moiety
exogamy
was
adhered
to,
even
before
the
advent
of
the
whites.
Luiseno
moieties
dis-
appeared,
apparently,
before
white
contact
(Strong
1929:291).
Gifford
states
that
moiety
exogamy
was
not
consistently
practiced
by
the
Miwok,
even
pre-
vious
to
white
influence
(Gifford
1916:162).
Marriam
reports
that
moiety
ex-
ogamy
was
practiced
by
the
Miwok,
but
goes
on
to
state
that
if
a
marriage
was
moiety
endogamous,
the
couple
was
laughed
at
(Merriam
1967:344).
There-
fore,
moiety
exogamy
may
have
been
an
ideal,
but
it
was
not
invariably
prac-
ticed.
Even
though
Strong
felt
that
moiety
regulations
were
weak
with
regard
to
marriage,
Bean
argues
on
the
basis
of
his
work
that
moiety
exogamy
was
"probably
taken
with
great
seriousness
and
was
a
major
factor
in
deter-
mining
marriage
choice.
Present-day
Cahuilla
report
that
it
sometimes
arises
as
a
problem
in
spouse
selection
even
today"
(Bean
1972a:85;
1972b:xv).
Strong
does,
however,
note
that
moiety
exogamy
was
an
important
factor
in
regulating
Desert
Cahuilla
marriages,
and
that
in
theory,
these
rules
would
extend
to
marriages
with
the
surrounding
Cupeno
and
Serrano.
However,
he
8
could
cite
no
aboriginal
cases
to
support
this
theory.
He
notes
that
neither
the
Cupeno
nor
the
Serrano
had
this
sentiment
with
regard
to
marrying
out
of
their
own
groups
(Strong
1929:73-74).
Another
exception
to
the
rule
against
marrying
blood
kin
was
that
of
cross-cousin
marriage,
marriages
between
cousins
who
were
children
of
sib-
lings
of
the
opposite
sex.
Cross-cousin
marriage
insured
one
of
having
a
mate
in
the
opposite
moiety.
Cross-cousin
marriage
has
been
reported
for
the
Miwok
(Gifford
1916:162-163).
However,
Kroeber
has
stated
that
marriages
between
first
cousins
were
regarded
as
incestuous
by
some
Miwok,
who
pre-
ferred
to
marry
a
removed
cousin
or
some
other
distant
relative
of
the
oppostie
moiety
(Kroeber
1925:459).
White
states
that
kin
terms
among
the
Luiseno
strongly
suggest
cross-cousin
marriage,
but
that
any
mention
of
the
practice
by
White
prompted
a
negative
reaction
from
his
informants.
He
attributed
this
protest
to
influence
from
Christian
incest
taboos,
which
prevent
marriages
between
cousins
(White
1963:170).
Gifford
suggests
that
moiety
exogamy
may
have
extended
to
berdache
marriages,
but
only
one
such
instance
was
recorded
(Gifford
1916:163).
If
couples
ignored
the
above
rules
and
failed
to
observe
kinship
taboos
or
clan
or
moiety
exogamy,
no
positive
action
was
taken
by
either
their
relatives
or
community
to
prevent
the
union.
Apparently,
the
only
censure
the
couple
received
was
in
the
form
of
ridicule.
For
example,
if
a
Miwok
couple's
marriage
was
moiety
endogamous,
they
were
"laughed
at"
(Merriam
1967:344);
likewise,
marriages
between
close
kin
among
the
Tuba-
tulabal
were
the
subject
of
much
gossip
(Voegelin
1938:44).
PREMARITAL
SEX
A
short
discussion
on
premarital
sexual
experience
might
be
in
order
here.
It
is
intended
to
offer
background
information
on
native
attitudes
toward
sex
in
general.
In
some
groups,
young
women
were
carefully
watched
until
marriage
(Goddard
1903:56,
Hupa).
Girls
who
disobeyed
their
parents'
admonitions
were
sometimes
beaten
(Goddard
1903:56,
Hupa;
Foster
1944:185,
Yuki;
Driver
1939:346,
Wiyot
Tolowa,
Yurok,
Chilula).
Promiscuous
girls
had
difficulty
in
attracting
husbands,
since
it
was
believed
that
they
would
make
unfaith-
ful
wives.
An
immoral
girl
demanded
a
lower
bride
price
because
she
was
not
a
virgin.
Among
the
Western
Mono,
a
woman
who
was
allowed
to
go
out
by
her-
self,
not
necessarily
having
sexual
intercourse,
brought
no
bride
payment.
A
woman
was
paid
for
only
if
she
had
always
stayed
at
home
with
her
family
9
(Gifford
1932:31).
One
exception
to
the
prevailing
attitude
towards
premarital
chastity
existed
among
the
Colorado
River
tribes.
Among
the
Yuma,
although
sexual
activity
by
unmarried
women
was
not
encouraged,
it
did
not
carry
the
stigma
associated
with
it
elsewhere
in
the
state
(T.
Kroeber
and
Heizer
1968:45).
Mohave
elders
did
not
instruct
their
children
to
be
celibate
but
"urge
them
to
enjoy
themselves
while
they
may"
(Kroeber
1925:747).
If
an
unmarried
woman
was
raped,
her
male
relatives
might
react
by
killing
the
man
responsible
(Goddard
1903:56,
Hupa).
Atsugewi
informants
reported
variously
that
the
rapist
may
be
killed
or
fined,
but
one
informant
maintained
that
nothing
would
have
happened
to
the
man
since
the
girl
should
have
stayed
at
home
(Garth
1953:164).
In
case
of
seduction,
the
man
may
be
compelled
to
marry
the
girl.
In
the
northwestern
area
of
the
state,
the
man
may
have
to
pay
damages
to
the
woman's
family
(Driver
1939:346,
Tolowa,
Wiyot).
If
the
girl's
seducer
was
already
married,
he
may
be
killed
by
her
relatives
(Essene
1942:30,
Kato,
Lassik).
Wintu
couples
who
had
illicit
sexual
relations
were
often
ridiculed
into
getting
married
by
the
village
headman
(DuBois
1935:54).
If
the
girl
became
pregnant,
her
family
may
demand
that
the
seducer
marry
her.
In
northwestern
California,
the
man
must
pay
damages
(Driver
1939:346,
Tolowa,
Karok,
Yurok,
Wiyot,
Hupa,
Chilula,
Sinkyone,
Mattole,
Nongatl).
If
he
took
his
illegitimate
child,
he
must
pay
for
the
child
in
addition
to
a
fine
(Kroeber
1925:28,
Karok,
Yurok).
If
the
man
desired
to
marry
the
woman,
he
may
have
to
pay
the
bride
price
as
well
as
damages
(Driver
1939:346,
Tolowa,
Karok,
Yurok,
Wiyot,
Hupa,
Chilula).
Kroeber
suggests
that
half-marriages
were
a
means
of
patching
up
illicit
love
affairs
(Kroeber
1925:29).
If
a
pregnant
woman
remained
unmarried,
she
may
attempt
to
abort
her-
self
or
she
might
kill
her
illegitimate
child.
If
a
Hupa
girl
died
during
an
attempted
abortion,
her
relatives
strangled
the
girl's
paramour
in
view
of
her
corpse
(Goddard
1903:55).
If
the
woman
died
in
childbirth,
the
man
responsible
may
have
to
pay
the
blood-money
to
compensate
for
her
death
(Driver
1939:404,
Karok).
In
northwestern
California
at
least,
a
bastard
was
of
the
lowest
social
standing,
since
his
birth
was
never
properly
paid
for.
The
Shasta
called
illegitimate
children
xatsid
(grass).
"They
weren't
10
raised
right,
they
didn't
know
what
they
ought
to
know,
you
couldn't
trust
them.
Children
that
are
children
are
talked
to
all
the
time
by
their
grandparents
and
their
own
parents,
and
told
what
to
do
and
what
not
to
do.
These
others
just
grew
up
like
grass.
They
never
had
a
chance
to
make
anything
of
them-
selves"
(Holt
1946:322).
The
prevailing
native
attitude
toward
premarital
chastity
is
summed
up
in
the
advice
given
to
Luiseno
girls
during
their
adolescence
rites:
"Do
not
run
around,
but
marry
in
the
right
way"
(Strong
1929:297).
LOVE
MAGIC
Love
potions
were
employed
universally.
These
were
obtained
from
medicine
men.
The
user
might
employ
a
charm
in
various
ways,
often
by
touch-
ing
the
person
one
wished
to
affect
with
the
substance.
These
were
used
both
in
seeking
mates
and
by
those
who
wished
to
regain
the
interests
of
their
spouses.
Other
procedures,
such
as
songs,
spells,
and
formulae
were
also
utilized.
A
few
examples
of
these
methods
follow.
Among
the
Atsugewi,
speech
between
young
men
and
women
was
frowned
upon.
If
a
young
man
desired
a
woman,
he
might
sing
to
her
from
an
elevation
near
the
village;
a
woman
might
also
sing
to
a
particular
man.
The
song
was
supposed
to
make
the
intended
hearer
long
for
the
singer
(Garth
1953:165).
Garth
also
reports
a
surer
form
of
love
magic,
in
which
the
person
procured
a
hair
from
the
head
of
the
one
he
or
she
desired.
The
hair
would
be
used
with
the
result
that
its
owner
would
become
captivated
with
the
in-
dividual
who
made
the
spell.
It
required
the
help
of
a
guardian
spirit
to
use
this
kind
of
love
magic.
The
practice
was
not
approved
of
and
was
com-
pared
to
drugging
the
victim.
The
effects
of
the
spell,
if
their
cause
was
recognized,
could
be
removed
by
a
shaman
(Garth
1953:165).
A
Yana
woman
might
recite
a
formula
to
cause
a
certain
man
to
think
of
her
(Sapir
and
Spier
1943:273).
It
has
been
reported
for
the
Yuki
(Foster
1944:185)
and
the
Atsugewi
(Garth
1953165)
that
it
was
half-seriously
believed
that,
having
reached
puberty,
the
first
person
of
the
opposite
sex
whom
a
boy
or
girl
cursed
would
also
become
the
object
of
his
or
her
love.
Love
charms
and
formulae
were
chiefly
used
by
those
who
wished
to
have
ex.tramarital
affairs.
BRIDE
PURCHASE
Kroeber
(1925:839)
notes
that
bride
purchase,
in
a
loosely
defined
sense,
was
universal
in
California,
with
the
exception
of the
peoples
east
of
the
Sierra
Nevada
(Stewart
1941:404,
Northern
Paiute,
Washo)
and
on
the
Colorado
River
(Kroeber
1922:291,
Mohave).
All
other
California
groups
practiced
some
form
of
bride
purchase,
ranging
from
a
negotiated
business
transaction
to
an
unstipulated
gift
or
period
of
labor
to
be
performed
by
the
groom
for
his
father-in-law.
All
of
these
practices
can
be
included
within
a
broad
definition
of
"bride
purchase,"
although
the
related
customs
may
differ
considerably.
Bride
purchase
was
practiced
in
its
most
acute
form
in
the
north-
western
part
of
the
state,
where
the
bride
price
was
carefully
determined
and
exactly
stipulated;
divorce
was
accompanied
by
full
or
partial
repay-
ment.
In
the
remainder
of
the
state,
the
groom's
payment
was
simply
a
matter
of
custom,
or
as
Kroeber
puts
it,
"an
affair
of
manners
rather
than
morals"
(Kroeber
1922:292).
Bride
purchase
was
not
a
negotiated
transaction,
nor
did
the
payment
for
the
bride
affect
social
status,
as
in
the
Northwest.
Among
some
groups,
only
the
wealthy
made
a
practice
of
paying
for
their
wives,
but
this
alone
did
not
determine
status
(Kroeber
1925:179).
The
bride
payment
may
include
beads,
game,
or
labor
tendered
the
woman's
father.
Some
groups
contended
that
the
presentation
of
game
was
not considered
payment;
rather,
it
was
given
to
prove
the
man's
all-important
ability
as
a
provider
(Beals
1933:370,
Southern
Maidu).
In
case
of
divorce,
gifts
were
usually
not
returned.
The
families
of
the
bride
and
groom
may
also
exchange
gifts.
This
custom
was
observed
either
before
or
after
the
marriage,
and
commonly
in-
cluded
several
exchanges.
If
several
exchanges
took
place,
the
gifts
gradually
decreased
in
value
and
frequency.
Southern
Maidu
gifts
reflected
the
role
of
the
family
member
who
was
to
be
married:
the
man's
family
gave
game,
and
the
woman's
family
gave
baskets
and
acorn
meal
(Beals
1933:370;
Faye
1923:36).
Gifts
were
often
of
equal
value
but
the
husband's
family
commonly
gave
more.
As
Loeb
states
of
the
Pomo,
"Marriage
among
the
Pomo
was
arranged
by
the
customary
exchange
of
gifts
between
the
two
families...
A
certain
degree
of
wife
purchase
entered
into
this
formality,
for
the
man's
family
had
to
give
more
than
it
received
in
return.
This
variety
of
purchase
was
customary
in
all
Pomo
social
transactions,
and
the
giving
of
return
presents
as
an
act
of
courtesy
should
not
be
allowed
to
conceal
from
the
investigator
the
true
nature
of
the
Porno
economic
structure"
(Loeb
1926:277).
On
the
other
hand,
Foster
states
regarding
the
Yuki
custom
of
gift
exchange,
12
"The
amount
of
property
that
changed
hands
was
commensurate
with
the
economic
position
of
the
parents,
and
the
idea
of
bride
price
was
not
involved"
(Fos-
ter
1944:184).
From
either
viewpoint,
gift
reciprocity
was
an
expression
of
goodwill
between
the
families
involved.
As
Kroeber
states,
"The
Hupa
both
bought
and
gave
at
marriage,
but
the
buying
was
in
conformity
with
the
law,
the
donations
a
matter
of
custom"
(Kroeber
1925:146).
MARRIAGE
ARRANGEMENTS
AND
CEREMONIES
Considerable
variation
existed
between
groups
in
regard
to
the
fashion
in
which
marriages
were
arranged
and
the
union
accomplished.
With
great
hesitation
the
author
proposes
three
major
areas
in
the
state
with
regard
to
marriage
practices:
northwestern
California,
southern
California,
and
Cali-
fornia
proper.
An
example
or
examples
of
customs
from
each
area
will
be
presented
via
a
description
of
a
particular
group
or
groups
from
within
that
area.
Variations
in
customs
from
those
presented
in
the
specific
accounts
will
also
be
cited.
The
author
does
not
intend
to
imply
that
the
information
given
here
in
all-inclusive
for
the
respective
area.
Rather,
the
purpose
of
these
examples
is
to
present
the
reader
with
a
general
impression
of
the
different
practices
associated
with
marriage
arrangements.
THE
CALIFORNIA
AREA
PROPER
The
various
arrangements
which
prevailed
in
the
California
area
proper
are
fairly
represented
among
the
Maidu.
Marriage
customs
of
the
Maidu
divisions
encompass
the
variations
in
formality
and
bride
purchase
which
existed
in
this
area.
Among
the
Southern
Maidu
or
Nisenan,
the
couple
would
agree
to
the
union
between
themselves.
The
man
then
asked
his
parents
to
approach
her
parents.
If
all
agreed,
the
pair
was
considered
betrothed.
The
parents
exchanged
gifts,
including
shells
and
beads,
for
one
or
two
years,
and
at
least
one
feast
was
given
for
the
couple.
During
the
engagement,
the
couple
was
taught
their
respective
marital
duties,
hunting,
housekeeping,
and
treatment
of
spouse.
The
man
also
presented
gifts
of
game
to
his
future
wife's
parents.
The
gifts
were
not
considered
payment;
rather,
they
attested
to
the
man's
ability
to
provide
for
his
wife.
13
The
union
was
consummated
under
rather
interesting
circumstances.
The
couple
slept
apart
for
several
nights,
and
each
evening
the
man
was
allowed
to
sleep
closer
to
the
woman.
When
they
came
within
touching
dis-
tance,
the
marriage
was
consummated.
Permanent
postmarital
residence
was
patrilocal,
though
at
first
the
couple
would
alternate
residence
from
time
to
time
(Beals
1933:370-371).
In
the
Sacramento
Valley
area
of
the
northwestern
Maidu,
the
man
sent
a
friend
to
the
girl's
house
with
shell
money.
The
money
was
presented
to
the
girl's
father.
Her
family
discussed
the
gift,
and
kept
it
if
the
amount
was
sufficient
and
the
man
acceptable.
If
the
girl's
family
did
not
favor
the
match
or
if
the
amount
was
not
large
enough,
the
gift
was
returned.
The
girl's
father
may
give
the
beads
to
his
brother,
demanding
an
equal
amount
for
himself.
The
girl's
consent
was
considered
necessary;
the
man
may
seek
her
approval
before
sending
the
gift
to
her
family.
If
the
girl
agreed,
the
man
came
and
lived
with
her
family
for
several
months,
hunting
and
fishing
for
his
father-in-law.
The
couple
then
went
to
live
permanently
with
the
man's
parents
(Dixon
1905:239-240).
In
the
foothill
region
of
the
northwestern
Maidu,
the
man
sent
no
money.
If
a
man
wanted
to
marry
a
certain
woman,
he
would
visit
her
home
and
speak
to
her
father.
During
these
conversations,
no
suggestion
would
be
made
of
the
man's
interest
in
the
woman.
Following
a
week
or
so
of
these
visits,
the
man
would
turn
his
attentions
to
hunting
and
fishing.
He
made
regular
visits,
presenting
his
catch
to
the
woman's
family
without
entering
the
house.
Acceptance
of
the
gifts
was
a
sign
of
encouragement.
When
a
proper
amount
of
game
had
been
given,
the
man
would
enter
the
house
again.
A
bed
was
prepared
for
the
pair,
and
they
were
thus
married.
The
couple
would
stay
with
the
woman's
family
until
they
were
capable
of
managing
by
themselves
(Dixon
1905:240).
The
northeastern
Maidu
required
no
initial
payment
or
gifts.
The
man
simply
visited
the
woman's
family
and
stayed
all
night.
If
the
woman
allowed
him
to
sleep
with
her,
they
were
married.
If
she
did
not
want
him,
she
stayed
up
all
night.
The
woman's
conduct
was
usually
dictated
by
the
wishes
of
her
parents.
If
accepted,
the
man
stayed
and
hunted
for
the
woman's
family
for
several
months,
after
which
he
returned
with
his
wife
to
his
father's
house.
For
the
next
few
years,
the
couple
periodically
visited
the
wife's
family
for
short
periods
of
time,
during
which
the
man
hunted
for
his
parents-in-law
(Dixon
1905:240-241).
A
Wintu
woman
might
take
the
initiative
by
going
to
the
man's
home
and
helping
his
mother
do
household
work.
This
was
equivalent
to
the
interest
implied
by
the
man's
supplying
game
to
the
woman's
faniily.
Her
parents
may
urge
her
to
do
this
(DuBois
1935:54).
14
The
marriage
customs
outlined
above
are
generally
similar,
merely
differing
in
the
degree
of
formality
observed.
The
basic
aspects
of
the
union
were
the
same:
payment
was
made
for
the
woman,
whether
in
shell
money
or
presentations
of
game.
Payment
may
be
required
prior
to
the
marriage
or
may
be
deferred
until
later,
as
among
the
northeastern
Maidu.
In
addition,
families
often
exchanged
gifts
before
or
after
the
marriage.
The
couple's
parents
commonly
arranged
the
union,
or
at
least
their
approval
was
re-
quired.
The
woman's
consent
was
usually
essential,
although
elsewhere,
particularly
in
formal
marriages
between
prominent
families,
she
may
not
be
consulted.
A
Patwin
(Southern
Wintun)
woman
might
ask
her
parents
to
get
a
particular
man
for
her
(Kroeber
1932:272);
however,
the
initiative
was
usually
taken
by
the
man's
parents.
Postmarital
residence
was
temporarily
matrilocal
following
the
union,
after
which
permanent
patrilocal
residence
was
established.
Among
the
Yokuts
and
Western
Mono,
permanent
postmarital
residence
was
commonly
matrilocal
(Aginsky
1943:429).
Kroeber
finds
this
practice
among
the
Yokuts
"remarkable
in
view
of
the
fact
that
all
of
the
Yokuts
reckoned
descent
paternally
with
reference
to
exogamy
and
totemism"
(Kroeber
1925:493).
Gifford
also
makes
a
similar
statement
regarding
the
Western
Mono:
"In
spite
of
the
patrilineal
transmission
of
moiety
division
membership
..the
Northfork
Mono
family
was
strongly
maternal...the
wife's
relatives
rather
than
the
husband's
formed
the
balance
of
the
household"
(Gifford
1932:33).
Many
groups
had no
fixed
rule
with
regard
to
postmarital
residence,
and
the
couple
settled
according
to
personal
preference
and
the
availability
of
space.
NORTHWESTERN
CALIFORNtA
The
marriage
practices
of
the
northwestern
area
of
the
state
are
best
described
in
the
customs
of
the
Yurok.
The
Yurok
knew
two
types
of
marriage
transactions,
"full-marriage"
and
"half-marriage."
In
full-marriage,
two
kinsmen
of
the
groom
represented
him
in
the
transaction.
The
bride
price
was
deliberated
and
precisely
fixed.
The
amount
agreed
upon
varied
according
to
the
wealth
and
social
standing
of
the
families
involved,
as
well
as
the
talents
and
achievements
of
the
woman
in
question:
"A
girl
who
respected
herself
didn't
laugh
and
she
didn't
talk
be-
fore
men..
.That
was
the
kind
of
girl
worth
lots
of
money"
(Holt
1946:322,
Shasta).
The social
standing
of
the
man,
his wife,
and
their
future
children
depended
on
the
price
paid
for
the
wife.
Thus
a
wealthy
man
desired
to
pay
15
well
for
his
wife,
in
order
to
heighten
his
own
status
and
guarantee
his
children's
high
standing.
A
rich
man
would
buy
a
wife
for
his
son;
otherwise,
the
young
man's
father
and his
paternal
uncles
would
help
him
to
raise
the
purchase
money.
Young
men
usually
lacked
enough
personal
wealth
to
obtain
wives
without
assistance.
The
bride
was
brought
to
her
husband's
father's
house,
or
to
her
husband's
house,
if
he
had
a
home
of
his
own.
If
the
bride's
family
was
wealthy
and
respectable,
she
brought
much
property
with
her:
baskets
of
dentalia,
otter
skins,
small
treasures,
canoes,
deerskin
blankets,
and
the
like.
The
content
and
size
of
this
"dowry"
was
not
specified
in
the
original
bargaining;
the
Yurok
contended
that
a
rich
father
thus
returned
part
of
the
bride
payment
of
his
own
volition.
Nonetheless,
these
"gifts"
must
be
returned
in
full
if
the
couple
divorces,
in
addition
to
the
transacted
bride
price,
unless
there
were
children
(Kroeber
1925:28-29).
In
"half-marriage,"
the
man
paid
about
half
the
usual
amount
for
a
wife.
Kroeber
states
that
the
price
in
a
Yurok
half-marriage
was
somewhat
less
than
half
the
full
price
(Kroeber
1925:28).
The
man
lived
in
his
father-in-law's
house
and
was
under
the
jurisdiction
of
his
wife's
father.
The
couple's
children
belonged
to
the-wife's
family,
and
any
blood
money
or
bride
payment
tendered
for
them
belonged
to
the
wife's
family
(Waterman
and
Kroeber
1934:1).
Waterman
and
Kroeber
(1934:5)
estimate
that
one
out
of
every
four
Yurok
marriages
was
of
the
half
type.
They
also
cite
possible
factors
which
might
cause
a
man
to
resort
to
half-marriage
(Waterman
and
Kroeber
1934:2-3).
Foremost,
a
man
may
half-marry
from
lack
of
wealth
and
social
standing,
especially
if
he
lacked
a
family
and
home
of
his
own
(Driver
1939:403,
Karok).
A
rich
man's
son
may
even
be
forced
to
half-marry
if
his
father
did
not
approve
of
the
match
and
refused
to
contribute
to
the
bride
price.
The
father
may
later
renege
and
pay
the
balance
of
the
price
so
as
to
render
it
a
full-marriage
in
order
to
guarantee
the
social
standing
of
his
grandchildren.
A
father
may
allow
his
son
to
half-marry
because
the
former
was
too
greedy
to
help
his
son
to
accumulate
enough
property
to
enter
into
a
full-marriage.
However,
fathers
were
usually
inclined
to
go
far
to
secure
their
sons'
and
grandchildren'
s
status
in
the
most
suitable
fashion.
A
woman's
family
might
want
to
half-marry
their
daughter
for
the
following
reasons.
If
the
woman's
parents
had
no
sons,
they
might
desire
to
half-marry
their
daughter
so
that
they
would
have
a
man
at
home
to
help
them
(Waterman
and
Kroeber
1934:2,
Yurok;
Driver
1939:403,
Karok,
Chilula).
A
shaman's
father
may
prefer
to
give
his
daughter
in
half-marriage;
con-
sidering
that
shamanistic
ability
tended
to
"run
in
the
family"
(Spott
and
Kroeber
1942:158),
this
was
a
shrewd
move
of
the
part
of
the
woman's
father
to
keep
a
profitable
profession
in
the
family.
In
the
above
two
examples
of
half-marriage,
upon
receiving
the
half-payment,
the
father
publicly
16
stated,
"kitoksimek'
netsn"'u,"
or,
"I
shall
respect
my
son-in-law."
This
meant
that
he
would
not
order
the
latter
about,
and
that
the
son-in-law
would
have
a
share
in
his
own
daughter's
bride
payment
(Waterman
and
Kroeber
1934:3).
Half-marriage
has
also
been
recorded
for
the
Chilula,
Karok,
Mattole,
Nongatl
(Driver
1939:345),
Wiyot,
and
Shasta
(Klimek
1935:
Table
5).
Half-
marriage
occurred
rarely
and
was
considered
dishonorable
by
the
Tolowa
(Drucker
1937a:247).
No
apparent
stigma
was
attached
to
half-marriage
by
the
other
groups
cited,
except
resultant
loss
of
social
standing
in
a
society
where
one's
status
was
derived
from
the
amount
paid
for
one's
wife.
As
indicated
by
Kroeber
(1925:29-31),
no
marriage
could
properly
take
place
among
the
Yurok
without
payment.
Two
men
could
exchange
their
sisters
to
one
another
as
wives,
but
each
man
paid
the
full
purchase
price
(Kroeber
1925:29).
Full-payment
was
also
required
of
both
men
transacting
a
sister-
exchange
marriage
among
the
Tolowa,
Chimariko,
Chilula,
Hupa,
Karok,
Mattole
Nongatl,
and
Sinkyone
(Driver
1939:345).
Additional
payments
were
also
made
by
the
Yurok
upon
following
the
sororate
or
levirate
(Kroeber
1925:30).
Marriage
without
payment
of
any
sort
sometimes
occurred
among
the
illegitimate,
orphans,
and
the
very
poor.
The
customs
of
the
Yurok
were
closely
paralleled
by
those
of
the
Karok
and
the
Hupa.
In
addition,
the
poorer
groups
surrounding
them
had
similar
marriage
practices,
although
bride
prices
were
lower.
These
groups
include
the
Tolowa,
Chimariko,
Wiyot,
Chilula,
Nongatl,
Mattole,
Sinkyone
(Driver
1939:344),
Shasta
(Voegelin
1942:129),
and
Bear
River
(Nomland
1938:100).
As
mentioned
above,
most
of
these
groups
also
practiced
half-marriage.
Nomland
reports
that
a
Bear
River
informant,
Nora,
stated
that
the
price
paid
by
her
second
husband
included
"four
strings
of
Indian
money,
fifty
dollars
in
cash,
twelve
fathoms
of
olivella
strings,
one
breech
loading
shotgun;
after
the
first
child
was
born,
four
hundred
dollars
was
paid."
Nomland
adds,
"I
believe
the
large
bride
price
to
be
an
exaggeration
on
Nora's
part,
in
order
to
show
that
she
was
held
in
great
esteem"
(Nomland
1938:100).
Accompanying
the
custom
of
strict
bride
purchase
in
northwestern
California
were
various
conditions
which
were
imposed
on
the
union.
These
have
been
discussed
in
detail
by
Kroeber
(1925:30-32).
These
conditions
included
strict
postmarital
residence
rules:
patrilocal
for
full-marriage,
matrilocal
for
half-marriage.
The
couple's
children
and
any
bride
price
or
blood
money
they
brought
belonged
to
the
man's
family
in
full-marriage
and
to
the
woman'
s
family
in
half-marriage.
The
woman
was
purchased
for
a
normal
17
life-span,
and
if
she
should
die
young,
a
refund
was
made
or
a
substitute
provided.
Likewise,
the
woman
was
expected
to
bear
children;
if
she
failed
to
do
so,
her
husband
could
demand
repayment
or
another
wife.
These
con-
ditions
are
discussed
below
under
various
headings.
However,
the
extent
to
which
they
applied
to
half-marriage
remains
unclear.
SOUTHERN
CALIFORNIA
The
general
character
of
southern
California
marriage
customs
can
be
gained
in
a
description
of
Pass
Cahuilla
marriages.
The
boy's
parents,
having
chosen
a
suitable
girl
for
their
son,
took
gifts
of
food
and
baskets
to
the
girl's
parents,
declaring
their
interest
in
the
match.
If
the
girl's
parents
favored
the
match,
they
asked
the
girl
for
her
opinion;
her
agreement
was
necessary.
The
boy's
mother
brought
the
girl
to
the
kicamnawut,
dance
house,
of
the
boy's
clan.
The
net,
or
clan
leader,
had
been
notified,
and
his
assistant,
the
paha,
called
all the
clan
members
to
the
dance
house.
The
girl's
family
and
occasionally
her
whole
clan
were
invited
to
a
feast
there.
Following
the
feast,
an
elderly
man
of
the
boy's
clan
lectured
to
the
pair
in
the
presence
of
everyone,
giving
them
advice
on
taking
care
of
their
children
and
one
another.
The
boy
and
girl
were
thus
married.
They
lived
at
the
boy's
father's
house.
The
boy
hunted
for
his
father
and
the
girl
helped
her
mother-in-law
(Strong
1929:
114-115).
The
southern
California
area
is
delimited
chiefly
due
to
the
dearth
of
information
regarding
the
groups
separating
them
from
the
California
area
proper.
There
is
little
information
regarding
groups
which
lie
immediately
to
the
north
or
along
the
central
California
coast.
Southern
California
marriages
were
commonly
arranged
by
parents;
presents
were
given
for
the
bride.
The
clans
of
the
families
involved
usually
held
a
feast.
Among
the
Desert
Cahuilla,
the
girl's
family
stayed away
so
as
not
to
emabrass
her
and
to
allow
her
to
get
acquainted
with
her
new
relatives
(Strong
1929:75).
Sometimes
the
couple
was
admonished
by
the
clan
leader
or
an
elderly
member
of
the
community.
The
couple
lived
permanently
with
the
groom's
family.
The
girl
helped
her
mother-in-law
and
was
often
introduced
to
household
duties
by
the
latter.
Contrary
to
evidence
given
by
Strong
(1929:75,
115,
172),
Bean
states
that
the
Cahuilla
returned
the
bride
gift
if
the
wife
was
barren
or
lazy
(Bean
197
2a:
92)
.
18
OTHER
GROUPS
Kroeber
states
that
the
groups
east
of
the
Sierra
Nevada
lacked
the
custom
of
bride
purchase
(Kroeber
1925:839).
This
is
exemplified
by
the
Washo
and
the
Northern
Paiute,
among
whom
no
bride
price
or
gifts
were
given.
Northern
Paiute
families
exchanged
gifts
(Steward
1941:404);
this
practice
was
optional
among
the
Washo
(Kroeber
1925:573).
The
customs
of
these
eastern
groups
reflected
the
practices
of
the
Great
Basin,
where
bride
purchase
was
not
exercised
(Spier
1930:281).
Among
the
Mohave,
marriages
began
and
ended
at
will,
there
being
no
purchase
or
ceremony
(Kroeber
1925:839).
The
author
considers
the
Mohave
to
be an
interesting
but
peripheral
group;
they
will
not
be
treated
at
length
here.
The
reader
may
refer
to
the
many
articles
on
the
Mohave
written
by
George
Devereaux,
particularly,
"Atypical
and
Deviant
Mohave
Marriages"
(Devereaux
1951),
and
"The
Sexual
Life
of
the
Mohave
Indians"
(Devereaux
1937).
4
COURTING
In
some
areas,
young
people
did
not
have
much
opportunity
for
social
contact.
Among
other
groups,
however,
dances
were
regularly
held
at
which
young
people
could
meet
one
another.
Sometimes
the
sole
purpose
of
the
dance
was
to
allow
young
adults
to
choose
mates
(Beals
1933:371,
Maidu).
These
events
comnonly
brought
together
members
of
several
villages,
and
were
reported
for,
among
others,
the
Wappo
(Driver
1936:208),
Southern
Maidu
(Beals
1933:371),
Washo
(Lowie
1939:308),
Wintu
(DuBois
1935:54),
and
Kamia
(Gifford
1931:55).
It
is
hard
to
say
how
many
marriages
resulted
from
the
social
contact
which
these
"big
times"
afforded
or
how
many
were
due
to
the
sexual
license
which
often
accompanied
these
events.
Some
informants
denied
that
sexual
relations
were
allowed
at
these
"big
times"
(Beals
1933:
371,
Maidu),
although
licentiousness
was
common
at
many
groups'
social
gatherings
(e.g.,
Driver
1936:208,
Wappo).
According
to
Voegelin,
Tubatula-
bal
mothers
warned
their
daughters
against
having
intercourse
at
dances
(Voegelin
1938:43).
Sexual
license
at
dances
might
result
in
more
casually
contracted
unions
of
which
the
couple's
parents
were
not
informed
until
later
(Voegelin
1938:45,
Tubatulabal;
Gifford
1931:55,
Kamia).
If
a
man
was
rejected
after
a
long
period
of
gift-giving,
or
if
the
woman
chose
to
marry
another
man
instead,
the
rejected
man
may
take
revenge.
A
disappointed
man
may
hire
a
doctor
to
poison
the
woman
(Faye
1923:53,
South-
ern
Maidu).
He
may
kill
members
of
the
woman's
family
(Holt
1946:321,
Shasta),
19
or
murder
his
rival
(Loeb
1932:44,
Kato).
Some
thought
that
it
was
particular-
ly
dangerous
to
refuse
the
marriage
proposal
of
a
shaman
or
the
brother
of
a
shaman,
since
refusal
might
prompt
revenge
(Holt
1946:321,
Shasta).
A
Wintu
man's
gifts
were
returned
in
kind
if
the
woman
changed
her
mind
(DuBois
1935:54;
Goldschmidt
1951:377),
but
this
was
not
always
the
case;
sometimes
the
gifts
were
kept
at
the
expense
of
the
rejected
suitor
(Foster
1944:184,
Yuki).
CHILD
BETROTHAL
Child
betrothal
was
practiced
frequently
in
all
parts
of
the
state,
being
chiefly
a
means
of
continuing
ties
between
prominent
families
or
ab-
solving
debts.
A
girl
may
also
be
betrothed
at
an
early
age
merely
to
keep
other
men
from
getting
her.
Payment,
if
required,
may
be
made
at
the
time
of
the
betrothal
or
when
the
marriage
took
place,
according
to
custom.
If
one
of
the
children
died
before
puberty,
a
substitute
was
found
or
payment
was
refunded
(Kroeber
1925:296,
Shasta;
Drucker
1937a:247,
Tolowa).
Families
of
many
groups
ex-
changed
gifts
during
the
period
between
the
betrothal
and
the
marriage
(e.g.,
Beals
1933:370,
Southern
Maidu).
Child
betrothal
was
a
means
of
paying
debts
in
northwestern
Califor-
nia.
Mature
daughters
were
also
tendered
as
payment.
Some
groups
favored
this
type
of
marriage
and
the
children
of
such
a
union
were
considered
prestigious
(Nomland
1935:160,
Sinkyone;
1938:100,
Bear
River).
In
a
debt
arrangement,
the
girl
was
immediately
taken
to
the
boy's
house
where
she
was
raised
by
the
boy's
mother
(Nomland
1935:160,
Sinkyone;
1938:100,
Bear
River).
In
other
cases,
the
children
may
be
ignorant
of
the
arrangement;
in
fact,
they
may
not
see one
another
until
the
day
of
the
marriage,
it
their
families
lived
in
different
villages
(Holt
1946:321,
Shasta).
Usually
the
wishes
of
the
couple
were
taken
into
consideration
once
they
met
and
if
either
objected
violently
to
the
match,
they
were
not
forced
to
marry.
Occasionally,
however,
these
marriages
were
enforced
by
the
parents.
A
variation
of
child
betrothal
was
practiced
by
the
Southern
Maidu,
in
which
a
baby
girl
was
given
to
an
old
man,
who
virtually
raised
her.
In-
formants
considered
this
to
be
a
ludicrous
arrangement
(Beals
1933:370).
ELOPEMENT
Couples
rarely
eloped.
Actually,
elopement
did
not
occur
in
the
20
modern
sense
of
the
word,
since
couples
could
not
simply
run
away,
undergo
a
marriage
ceremony,
and
then
return
as
man
and
wife.
Native
marriages
re-
quired
family
approval,
participation,
and
recognition.
The
closest
thing
to
elopement
in
native
California
occurred
when
a
couple
lived
together,
against
the
wishes
of
their
parents,
without
any
gifts,
payment,
or
ex-
change
of
property.
Disapproving
parents
could
react
to
such
behavior
by
not
lending
their
support
to
the
couple.
They
often
refused
to
exchange
gifts
(Loeb
1926:283,
Northern
Pomo;
Driver
1936:208,
Wappo;
Garth
1953:163,
Atsugewi).
However,
if
the
couple
managed
to
be
successful
on
their
own,
parents
may
relent
and
begin
to
exchange
gifts
in
order
to
validate
the
union
(Garth
1953:163,
Atsugewi).
Often,
when
the
woman
was
expecting
her
first
child,
the
man's
father
would
submit
and
pay
the
bride
price
in
order
to
legiti-
mize
the
birth
of
his
grandchild
(Holt
1946:322,
Shasta).
Among
those
groups
in
which
payment
was
expected
for
the
woman,
if
it
was
apparent
that
no
payment
was
forthcoming,
her
relatives
might
make
trouble(Driver
1939:345,
403,
Tolowa,
Chimariko,
Karok,
Wiyot,
Hupa,
Chilula,
Nongatl,
Mattole,
Sinkyone,
Coast
Yuki).
If
payment
was
made
however,
the
woman's
family's
outrage
was
usually
alleviated
(Nomland
1935:160,
Sinkyone).
Among
the
Sinkyone,
although
elopement
with
virgins
was
not
permitted,
it
might
be
suffered
if
the
woman
was
a
widow
or
divorcee
(Driver
1939:345,
403).
Occasionally,
a
man
would
try
to
acquire
a
wife
by
force,
known
as
"marriage
by
capture."
He
may
do
this
himself,
he
may
be
accompanied
by
his
friends,
or
he
may
send
a
friend
or
friends
to
carry
off
the
woman.
This
has
been
reported
for
the
Southern
Maidu
(Beals
1933:371),
Luiseno
(Sparkman
1908:214),
and
Cupeno
(Strong
1929:240).
If
the
woman
struggled
or
her
family
opposed
the
match,
they
would
drive
the
man
away
or
would
follow
after
to
try
to
recover
her.
If
the
woman
went
quietly
and
her
parents
approved
of
the
man,
the
marriage
followed.
A
similar
story
was
recorded
by
both
Strong
1929:76)
and
Hooper
(1920:
355)
concerning
the
Cahuilla.
A
man
might
go
and
drag
off
a
woman,
battling
off
her
family
with
his
bow
and
arrows.
If
the
woman
refused
him,
protesting
that
he
was
too
old,
he
would
kill
her,
for
that
was
a
fatal
remark.
Both
Strong
and
Hooper
believed
that
this
story
was
more
legend
than
fact.
MARRIED
LIFE
The
following
section
is
intended
to
present
the
reader
with
a
survey
21
of
certain
aspects
of
married
life.
These
topics
include
postmarital
resi-
dence,
hospitality
and
generosity,
behavior
towards
affinal
relatives,
mens-
trual
and
birth
observances,
child-raising,
and
treatment
of
spouse.
The
division
of
labor
is
not
discussed
here;
the
reader
may
refer
to
Willoughby
(1963)
for
this
information,
if
desired.
The
above
subjects
have
been
chosen
because
they
pertain
almost
exclusively
to
married
couples
and
hopefully
present
a
spectrum
of
marital
life
in
California.
POSTMARITAL
RESIDENCE
Postmarital
residence
varied
throughout
the
state.
Among
the
north-
western
groups,
a
full-married
couple
lived
with
the
husband's
family,
whereas
a
half-married
couple
stayed
with
the
woman's
parents.
In
the
re-
mainder
of
the
state,
patrilocal
residence
predominated.
Exceptions
to
this
rule
were
found
among
the
Yokuts
(Kroeber
1925:493)
and
Western
Mono
(Gifford
1932:33),
where
residence
was
matrilocal.
Many
groups
had
no
fixed
rule
and
couples
usually
settled
where
room
was
available
or
they
may
have
chosen
to
build
a
home
of
their
own.
Given
a
choice
between
a
small
village
and
a
large
one,
the
couple
often
preferred
the
larger
settlement
due
to
the
advantages
of
greater
protection
and
more
active
social
life
(Loeb
1926:280,
Pomo).
The
couple
often
moved
back
and
forth
between
the
man's
and
woman's
families
for
a
time
following
the
marriage.
When
the
wife
became
pregnant,
they
often
stayed
with
her
family.
After
the
first
child
was
born,
the
couple
established
their
own
home
or
settled
permanently
with
either
family
(Kroeber
1925:254,
Northern
Pomo;
Loeb
1926:279,
Eastern
Pomo;
1932:52,
Kato;
Sapir
and
Spier
1943:273,
Yana;
Foster
1944:184,
Yuki;
Gayton
1948:105,
Yokuts).
HOSPITALITY
Couples
were
taught
to
be
generous
and
hospitable,
especially
to
the
elderly.
This
is
exemplified
in the
instructions
given
at
the
Luiseno
girls'
and
boys'
puberty
rites:
".
.
.and
if
old
people
arrive
at
your
house,
you
will
welcome
them
at
once.
And
if
you
have
no
food
to
give
them
you
will
tell
them
so
politely.
And
if
you
have,
you
will
give
them
some
at
once,
also
water.
And
when
they
arrive
at
their
house,
they
will
praise
your
goodness
and
you
will
have
a
good
name"
(Sparkman
1908:223).
Similarly,
Rooper
reports
that
the
elderly
visited
new
brides
to
test
their
generosity.
22
If
the
young
wife
gave
her
visitors
some
meal
or
flour
to
take
home,
she
was
thought
well
of.
"If
she
does
not,
the
old
lady
cannot
say
enough
bad
things
about
her"
(Hooper
1920:354-355).
An
Indian
couple
never
showed
outward
affection
towards
one
another.
Hooper
offers
the
following
example:
if
a
Cahuilla
wife
were
to
sit
on
her
husband's
lap
in
public,
she
would
have
been
thought
crazy
(Hooper
1920:353).
Native
husbands
and
wives
did
feel
genuine
love
and
affection
towards
one
another,
but
this
was
never
manifested
outwardly.
This
behavior
is
character-
istic
of
the
Indian's
generally
reserved
character.
BEHAVIOR
TOWARDS
AFFINAL
RELATIVES
Behavior
towards
relative
by
marriage
took
two
forms
in
native
Cali-
fornia,
those
of
"joking"
and
"avoidance."
The"joking
relationship"
existed
between
in-laws
of
the
opposite
sex.
A
man
may
have
a
joking
relationship
with
his
wife's
sister,
which
involved
joking,
obscene
jests,
and
sexual
play.
The
joking
relationship
may
have
resulted
from
the
fact
that
sisters
were
socially
equivalent
and
so
the
man's
sister-in-law
became
socially
equivalent
to
his
wife,
and
may
indeed
become
his
wife
through
the
sororate.
The
joking
relationship
has
been
reported
for
the
Kato,
Wailaki
(Loeb
1932:52).
Pomo
(Loeb
1926:285),
Yuki
(Foster
1944:
185),
and
Mono
(Gifford
1932:32).
A
man
may
also
enter
into
a
special
relationship
with
his
brother-in-
law,
in
which
they
respected
and
helped
one
another.
Among
the
Southern
Maidu,
a
man
was
required
to
give
his
future
brother-in-law
anything
that
he
requested
or
admired
(Beals
1933:371).
Loeb
reports
that
a
Pomo
man
often
called
his
brother-in-law
by
the
name
of
a
dead
person.
"If
he
did
this
to
anyone
else
there
would
have
been
a
fight"
(Loeb
1926:284).
In-laws
were
supposedly
obliged
to
aid
and
respect
one
another.
This
is
evident
in
the
practices
of
lending
dance
outfits
and
the
use
of
polite,
decorous
speech.
However
this
relationship
was
often
merely
a
cultural
ideal
and
did
not
always
exist.
The
husband
and
wife
who
failed
to
make
visits
and
present
gifts
to
their
respective
parents-in-law
were
denounced
as
"no
good"
(Driver
1936:
208,
Wappo).
The
custom
by
which
children-
and
parents-in-law
could
not
look
directly
at
one
another
or
speak
freely
between
themselves
has
been
reported
23
for
central
and
northeastern
California.
This
custom
included
showing
respect
or
bashfulness
towards
parents-in-law
of
the
opposite
sex;
these
rules
have
often
been
reported
as
having
been
followed
only
by
the
son-
and
mother-in-law,
but
Kroeber
attributed
this
bias
to
incomplete
data
(Kroeber
1925:841).
This
taboo
might
also
extend
to
potential
children-
and
parents-in-law,
as
it
did
among
the
Miwok
and
Yana(Sapir
and
Spier
1943:173).
For
example,
a
Miwok
man
would
not
address
his
mother's
brother's
wife,
since
she
was
the
mother
of
his
eligible
cross-cousin
(Kroeber
1925:461).
This
practice
sometimes
forbade
direct
communication
between
in-laws,
as
it
did
among
the
Miwok
(Kroeber
1925:461),
Yokuts
(Kroeber
1925:493),
and
Sinkyone
(Nomland
1935:159).
The
Pomo,
Kato
(Kroeber
1925:841)
and
Western
Mono
(Kroeber
1925:588)
got
around
this
ban
by
using
plural
address
forms
as
an
expression
of
respect;
the
use
of
plural
forms
may
also
have
been
utilized
by
the
Yana
(Kroeber
1925:340).
This
device
was
also
used
by
the
Miwok
in
instances
where
the
need
to
communicate
was
urgent
and
no
third
person
was
present
to
mediate;
they
would speak
as
though
a
third
person
was
there
(Kroeber
1925:461).
A
Sinkyone
son-
and
mother-in-law
communicated
via
a
third
person,
who
relayed
messages
between
the
two
relatives
(Nomland
1935:159).
Some groups
express
shame
between
parents-
and
children-in-law
only
for
a
period
following
the
marriage,
after
which
the
restrictions
dissdved
(Kroeber
1925:210,
Huchnom).
In-law
avoidance
was
practiced
by
the
following
groups:
Achomawi,
Atsugewi,
Shasta,
Klamath,
Modoc
(Voegelin
1942:132);
Wappo
(Driver
1936:209);
Patwin
(Kroeber
1932:72);
Huchnom,
Yuki
(Kroeber
1925:
180,
210-211);
Tubatulabal
(denied
by
Kroeber
1925:608;
affirmed
by
Voegelin
1938:44);
Salinan
(Mason
1912:164);
Wailaki
(Loeb
1932:94);
Owens
Valley
Paiute
(denied
by
Kroeber
1925:589;
affirmed
by
Steward
1933:295);
Sinkyone
(Nomland
1935:159).
Both
practices
involving
joking
and
avoidance
probably
had
their
basis
in
sex.
Lowie
notes
a
correlation
between
"social
and
sexual
taboos,
and
between
social
license
and
the
possibility
of
sex
relations"
(Lowie
1947:104).
Joking
and
avoidance
relationships
are
two
opposing
methods
of
dealing
with
uneasy
social
situations.
MENSTRUATION
AND
THE
COUVADE
During
the
woman's
menstrual
period,
both
she
and
her
husband
were
subject
to
various
restrictions.
They
avoided
certain
foods,
especially
meat.
They
were
forbidden
to
have
intercourse.
The
man
was
neither
allowed
to
hunt
or
fish
nor
to
handle
hunting
and
fishing
gear.
24
A
variation
of
the
couvade
was
practiced
throughout
the
state.
Both
parents
observed
taboos
for
the
same
time
except
in
the
Northwest,
where
the
father's
restrictions
were
shorter.
They
fasted
or
avoided
certain
foods
and
avoided
rigorous
activity
in
order
to
promote
the
child's
health.
For
example,
the
father
was
forbidden
to
smoke
lest
the
smoke
choke
his
child.
Since
both
parents,
not
just
the
father,
observed
restrictions,
Kroeber
has
referred
to
this
practice
as
a
"semicouvade"
(Kroeber
1925:840).
Intercourse
may
be
forbidden
with
one's
pregnant
wife,
as
among
the
Kamia
(Gifford
1931:55).
It
was
believed
that
intercourse
would
harm
the
child.
The
Kamia
also
believed
that
if
a
man
had
intercourse
with
another
woman
during
his
wife's
pregnancy,
this
would
adversely
affect
the
fetus.
This
restriction
is
particularly
interesting:
it
was
probably
a
device
in-
vented
by
women
in
order
to
retain
their
husbands'
fidelity
during
pregnancy.
Pregnant
women,
jealous
of
their
husbands,
sometimes
committed
abortion
to
punish
their
unfaithful
spouses.
CHILDREN
If
a
man
had
been
married
for
a
few
years
and
his
wife
had
not
yet
borne
any
children,
he
might
complain
to
her
family.
The
wife's
parents
might
then
supply
a
second
wife,
or
he
may
choose
to
divorce
his
wife
and
send
her
back
to
her
parents.
In
the
northwestern
area
of
the
state,
a
man
who
divorced
his
wife
for
barrenness
received
a
full
refund.
Conversely,
if
the
wife
had
many
children,
the
husband
might
want
to
pay
more
in
order
to
improve
their
status.
This
applied
to
four
to
six
or
more
offspring.
The
rationalization
was
that
the
man
should
have
to
pay
more
for
more
children.
This
extra
payment
was
made
only
by
wealthy
men
who
desired
to
preserve
the
status
of
their
children
(Driver
1939:404,
Tolowa,
Karok).
Many
children
were
cared
for
or
adopted
by
their
grandparents.
Beals
observes
that
many
older
Southern
Maidu
informants
knew
little
of
their
parents
but
could
talk
at
length
about
their
grandparents
(Beals
1933:372).
This
arrangement
was
advantageous
since
it
freed
the
younger
and
stronger
parents
for
subsistence
activities.
TREATMENT
OF
SPOUSE
If
a
man
abused
his
wife,
she
often
returned
to
her
family.
A
Yurok
man
might
regain
control
over
his
wife
by
paying
damages
to
her
family,
if
25
the
woman's
father
did
not
choose
to
dissolve
the
marriage
by
returning
the
full
bride
price
(Kroeber
1925:31).
Among
the
Tolowa,
the
man
who
received
the
payment
for
the
woman
would
also
be
responsible
for
insuring
that
her
husband
did
not
mistreat
her
(Drucker
1937a:245-246).
Another
attitude
is
recorded
for
the
Shasta
(Holt
1946:323):
if
a
man
abused
his
wife
"that
was
their
own
trouble"
and
the
woman's
family
could
not
do
anything
about
it.
A
woman
commonly
had
greated
difficulty
in
procuring
a
divorce
than
did
her
husband,
and
unless
she
had
been
flagrantly
abused
her
family
usually
sent
her
back
to
her
spouse.
ADULTERY
Adultery
usually
resulted
in
divorce
and
was
one
of
the
prime
factors
contributing
to
divorce.
A
man
may
react
to
his
wife's
infidelity
by
beating
or
killing
her,
her
lover,
or
both,
usually
withour
fear
of
recourse
from
the
family
of
either.
In
northwestern
California,
the
lover
may
be
subject
to
a
fine
(Drucker
1937a:248,
Tolowa;
Kroeber
1925:28,
Yurok;
Nomland
1935:160,
Sinkyone).
One
Karok
man
from
Orleans
was
known
to
have
encouraged
his
wife
to
have
illicit
relations
so
that
he
could
collect
the
fine
for
seduction;
this
fine
was
larger
that
the
original
bride
price
(Driver
1939:404).
If
the
husband
was
unfaithful
the
wife
usually
"couldn't
do
much"
(Gayton
1948:106).
Adultery
may
cause
fighting
between
two
married
couples,
the
unfaithful
spouse
being
beaten
by
his
or
her
lover's
spouse
(Gayton
1948:106).
A
Gabrielino
man
may
tell
his
wife's
lover
to
keep
her
and
then
go
and
live
with
the
lover's
wife
(Heizer
1968:16).
A
man
sometimes
punished
his
wife
and
rendered
her
unattractive
to
other
men
by
biting
off
her
nose,
blinding
her
(Loeb
1926:281,
Pomo),
or
cutting
off
her
ears
(Garth
1953:164,
Atsugewi).
A
contrasting
attitude
toward
unfaithful
wives
is
recorded
for
the
Mountatn
C*uilla.
A
husband
might
send
his
adulterous
wife
back
to
her
parezs,t,9
t
there
was
no
sentiment
that
he
should
fight
or
slay
his
wife's
lover.
A
imply
returned
his
wife
is
he
was
not
able
or
inclined
to
keep
hert"
:r
1929:172).
r
n.Practice
has
been
reported
by
Dixon
for
the
Shasta.
If
a
A
poor
to
pay
for
his
wife
and
was
required
to
live
with
hiss
8
had-
w
no
claim
against
his
wife's
seducer.
He
could
ta
nor
legal
action
against
the
offender
(Dixon
1907:464-
465).
0
h
alll
I
not
supposed
to
converse
with
a
man
who
had
shown
atten~~tbefore
her
marriage.
If
a
Yurok
woman's
former
lover
26
entered
the
same
house
where
she
was
or
if
he
met
her
on
the
trail,
her
husband
may
sue
him
for
constructive
adultery,
even
if
the
meetings
were
accidental
(Kroeber
1925:32).
Gifford
also
mentions
this
practice
among
the
Hupa
(Gif
ford
1903:55).
POLYGAMY
Polygamy
was
almost
universal
in
California,
but
the
custom
was
usually
limited
to
chiefs
and
rich
men.
This
restriction
indicates
that
having
many
wives
was
considered
a
luxury
as
well
as
a
privilege.
Ordinary
men
might
acquire
many
wives
through
the
levirate
or
capture
in
war,
but
this
rarely
occurred
(Dixon
1907:463,
Shasta).
One
exception
to
this
rule
occurred
among
the
northern
Maidu,
among
whom
a
man
could
have
as
many
wives
as
he
could
obtain
and
support.
An
old
Maidu
man
may
have
had
as
many
as
four
or
five
wives
ranging
in
age
from
ten
to
fifty
years
(Dixon
1905:
240-241).
Monogamy
may
have
prevailed
chiefly
for
economic
reasons.
The
possession
of
many
wives
was
a
definite
asset
since
women
were
able
to
pro-
cure
more
food
than
men.
However,
the
cost
and
effort
involved
in
obtaining
many
wives
may
have
been
prohibitive.
Monogamy
may
have
been
common
due
to
an
insufficiency
of
marriageable
women(Kroeber
1925:493);
therefore,
polygamy
was
limited
to
the
wealthy
and
prestigious.
The
customs
regarding
bride
payment
for
additional
wives
varied
throughout
the
state.
In
some
areas
no
additional
payment
was
made
(Voegelin
1942:130,
Achomawi,
Atsugewi,
Modoc),
whereas
other
husbands
had
to
pay
fully
for
each
wife
(Dixon
1907:463,
Shasta;
Driver
1939:346,
Tolowa,
Chimariko,
Karok,
Yurok,
Wiyot,
Hupa,
Chilula,
Sinkyone,
Kato).
Sometimes
the
first
wife
was
given
the
status
of
"head
wife";
she
was
relieved
of
heavy
work
and
given
priority
(Voegelin
1942:130,
Klamath,
Modoc,
Shasta,
Achomawi,
Atsugewi,
Wintu,
Maidu).
Among
other
groups,
all
wives
were
considered
equal
(Gifford
1931:55,
Kamia).
Depending
upon
the
circumstances,
a
man
might
marry
two
or
three
sisters,
or
he
may
choose
to
marry
women
who
are
not
related.
It
is
interesting
to
note
that
unrelated
wives
sometimes
referred
to
one
another
as
"sisters,"
the
first
wife
being
called
"older
sister"
and
the
second,
"younger
sister"
(DuBois
1935:55,
Wintu;
Steward
1933:296,
Owens
Valley
Paiute;
Colson
1974:131,
Pomo).
However,
there
seems
to
have
been
a
preference
for
marrying
into
the
same
family
again;
it
was
probably
easier
and
usually
less
expensive.
27
A
Northern
Paiute
man
might
marry
a
woman
and
her
daughter
(his
step-
daughter;
Kroeber
1917:362).
Step
daughter
marriage
has
also
been
reported
for
the
Klamath,
Modoc,
Shasta,
Achomawi,
Maidu,
and
Wintu
(Voegelin
1942:
131),
and
also
for
the
Yurok
and
the
Costanoans
(Kroeber
1925:459).
Western
Mono
informants.
however,
stated
that
a
man
would
never
do
this
(Gifford
1932:31).
It
is
doubtful
whether
wives
enjoyed
polygynous
arrangements.
The
first
wife
may
assault
the
newcomer
to
drive
her
away,
or
as
one
informant
aptly
put
it,
"Too
much
growl;
too
much
fight;
fight
like
hell"
(Garth
1953:
164,
Atsugewi).
Wives
often
fought
among
themselves
(e.g.,
Chimariko,
Driver
1939:404).
On
the
other
hand,
Gifford
(1931:55)
states
that
Kamia
chiefs
had
unrelated
wives
who
got
along
without
jealousy.
Notwithstanding,
sisters
probably
got
along
better
than
unrelated
wives
did,
since
they
were
undoubtedly
accustomed
to
living
with
one
another.
Nonetheless,
it
is
possible
that
so-called
"sibling
rivalry"
might
have
caused
sisters
to
compete
for
their
husband's
favor.
Friction
between
wives
was
reduced
if
the
women
lived
in
separate
houses.
Men
even
had
wives
in
separate
towns,
although
this
was
probably
due
to
the
man's
traveling
than
to
any
desire
to
avoid
conflict.
A
Wiyot
informant
stated
that
he
knew
of
a
man
who
had
ten
wives
and
ten
houses,
one
wife
in
each
house.
This
man's
household
constituted
a
separate
village
(Driver
1939:404).
Extenuating
circumstances
may
result
in
polygamy
among
the
common
people,
who
are
usually
monogamous,
as
in
these
instances:
"...
the
man
married
a
woman
whose
young
cousin
had
come
to
live
with
them.
The
first
wife
was
old
and
weak
and
asked
the
younger
cousin
to
stay
as
her
husband's
second
wife
so
that
she
could
help
around
the
house.
As
the
young
cousin
liked
the
husband,
she
did
so,
all
three
living
together
in
agreement.
In
the
other
case
an
older
sister
had
had
no
children
although
she
had
been
married
many
years.
She
asked
her
younger
sister
to
come
and
live
with
them
as
co-wife.
The
husband
had
several
children
by
this
second
wife"
(Strong
1929:76,
Desert
Cahuilla).
Barrenness,
as
in
the
case
above,
may
result
in
sororal
polygyny,
an
additional
wife
being
provided
by
the
woman's
family
(Voegelin
1942:131,
Modoc
Achomawi,
Maidu).
Polyandrous
marriages,
in
which
a
woman
had
more
than
one
husband,
were
reported
for
the
Western
Mono,
Yokuts
and
Panamint
Shoshone
(Driver
1937b:88-89),
but
this
type
of
union
was
rare.
Beals
reports
that
wife
loaning
was
common
between
friendly
Southern
Maidu
chiefs
and
that
wives
were
also
loaned
to
visiting
chiefs.
Common
men
with
the
same
name
also
traded
wives.
Namesakes
were
considered
to
be
closer
28
than
brothers,
sharing
wives
as
well
as
all
other
property.
This
suggests
that
brothers
may
have
also
exchanged
wives,
but
there
is
no
evidence
of
this
practice
(Beals
1933:373).
DIVORCE
In
some
areas,
divorce
was
easily
had,
requiring
only
a
mutual
desire
to
end
the
union.
The
couple
would
simply
separate
and
remarry
at
will.
No
repayment
was
required,
particularly
since
strict
bride
purchase
was
not
practiced.
This
form
of
divorce
was
reported
chiefly
for
central
and
southern
California.
In
the
Northwest,
divorce
was
governed
by
more
exacting
rules,
often
requiring
full
or
partial
repayment
of
the
bride
price.
If
the
woman
had
borne
any
children,
her
father
would
only
make
partial
repayment.
To
return
the
full
purchase
price
would
mean
that
the
children
would
not
be
properly
paid
for
and
would
thus
make
them
"bastards."
If
no
repayment
was
made,
the
woman
would
be
unable
to
remarry
(Kroeber
1925:296).
Foster
(1944:185)
reports
that
the
Yuki
did
not
divorce
and
their
language
lacked
a
term
for
the
practice.
Unhappy
couples
were
kept
to-
gether
by
their
families.
If
a
man
beat
his
wife,
he
could
appease
her
relatives
with
a
large
payment.
However,
if
no
payment
was
made,
the
man
might
be
killed
by
his
wife's
angry
male
relatives.
If
a
woman
was
faith-
less,
her
family
might
beat
or
kill
her.
Apparently,
divorce
was
so
repulsive
to
the
Yuki
that
they
would
prefer
to
kill
the
person
at
fault
rather
than
allow
the
couple
to
separate.
The
most
common
reasons
given
for
divorce
were
incompatibility
and
adultery.
A
couple
might
separate
simply
because
the
husband
and
wife
could
not
get
along.
Adultery,
however,
was
a
more
serious
matter
and
divorce
was
only
one
of
the
possible
reactions
to
infidelity.
In
the
Northwest,
when
adultery
did
result
in
divorce,
the
settlement
which
resulted
often
depended
upon
who
was
at
fault.
In
the
wife
was
unfaithful,
the
husband
could
send
her
back
to
her
family
and
demand
repayment
of
the
bride
price.
Or
a
wife
might
leave
her
adulterous
husband
with
no
return
of
the
bride
price
(Nomland
1935:160,
Sinkyone;
Holt
1946:323,
Shasta).
She
may
also
be
able
to
retain
custody
of
the
children
(Nomland
1935:160,
Sinkyone).
More
frequently,
however,
the
wife
could
do
little
about
her
husband's
in-
fidelity
(Goddard
1903:56,
Hupa).
Barrenness
was
another
common
reason
for
divorce.
Lack
of
children
was
always
considered
to
be
the
woman's
fault.
Among
the
northwestern
29
tribes
the
husband
could
demand
a
refund
of
the
bride
price
upon
re-
turning
the
woman
to
her
parents.
It
was
also
possible
to
divorce
one'
s
spouse
due
to
laziness
or
non-
support.
As
stated
above,
industriousness
was
an
important
trait
among
the
Atsugewi.
If
an
Atsugewi
man
divorced
his
wife
due
to
her
inability
to
provide,
she
was
ridiculed
by
the
other
women.
A
woman
thus
divorced
might
go
on
a
power
quest
in
order
to
get
a
good
husband.
An
Atsugewi
woman
could
also
divorce
her
husband
if
he
were
a
poor
provider,
although
it
could
not
be
done
so
easily.
Either
she
or
one
of
her
relatives
had
to
persuade
the
chief
to
approve
the
separation.
A
man
who
was
divorced
for
this
reason
lost
his
social
standing
(Garth
1953:164).
Rich
Atsugewi
men
commonly
divorced
different
wives
three
or
four
times
before
finding
a
suitable
spouse
(Garth
1945:560).
The
circumstances
listed
above
were
the
most
frequent
causes
of
divorce.
Other
reasons
included
jealousy,
cruelty,
excessive
gambling
by
the
husbandor
incessant
nagging
by
the
wife
(Hupa,
mita
Lan,
"her
mouth
big."
Goddard
1903:
56).
Following
white
contact,
drunkenness
became
a
common
factor
in
ending
marriages.
It
is
interesting
to
note
that
although
a
Shastan
woman
could
not
leave
her
husband
for
abuse,
she
could
leave
him
if
he
failed
to
fulfill
his
obligations
to
her
family.
For
example,
if
a
woman's
only
brother
died,
leaving
just
old
people
in
her
family,
and
the
husband
did
not
help
out
her
elderly
relations,
she
could
leave
him
without
return
of
the
bride
price
(Holt
1946:323).
Where
bride
purchase
entailed
actual
ownership
of
the
woman,
it
was
generally
far
more
difficult
for
a
woman
to
divorce
her
husband
than
for
a
man
to
divorce
his
wife.
If
an
unhappy
woman
returned
to
her
family,
she
would
be
sent
back
to
her
husband
many
times,
because
the
woman
belonged
to
her
husband
and
her
family
had
little
control
over
her.
The
woman
had
to
prove
that
her
husband
was
being
excessively
abusive
or
negligent
in
order
ot
get
a
divorce.
Even
then,
her
family
had
to
be
willing
to
refund
the
bride
payment,
and
this
was
not
often
the
case.
If
a
Hupa
woman
was
unhappy
with
her
husband,
she
sat
on
the
smoky
side
of
the
fire
so
that
her
crying
would
be
blamed
on
the
smoke.
"She
must
endure
until
she
learned
to
love
her
husband"
(Goddard
1903:55).
In
order
to
get
a
refund,
a
man
was
often
required
to
substantiate
his
suit
for
divorce.
A
man
could
not
divorce
his
wife
for
no
reason
at
all;
he
had
to
prove
her
to
be
barren,
lazy,
or
unfaithful
(Kroeber
1925:
30,
Yurok).
30
CHILD
CUSTODY
When
a
couple
with
young
children
separated,
the
children
were
cared
for
either
by
their
mother
or
by
their
paternal
grandmother.
When
the
child-
ren
became
older,
their
father
usually
took
them.
Variations
of
this
general
practice
occurred.
For
example,
among
the
Eastern
Pomo,
female
children
went
with
the
mother
and
male
children
went
with
the
father
(Loeb
1926:291).
An
Atsugewi
father
claimed
only
his
male
children
after
they
were
raised
by
his
former
wife
(Garth
1953:164).
Paternal
child
custody
is
to
be
expected
among
societies
in
which
descent
is
reckoned
patrilineally.
In
addition,
paternal
child
custody
was
supported
by
the
practice
of
bride
payment:
the
price
of
the
children
was
included
in
the
bride
price,
and
thus
the
children
belonged
to
their
father's
family.
A
Yurok
mother,
however,
may
keep
her
children
upon
full
repayment
of
the
bride
price
(Kroeber
1925:30).
Exceptions
to
the
general
rule
of
paternal
child
custody
have
been
reported
for
the
Wappo
(Driver
1936:208)
and
Tubatulabal
(Voegelin
1938:44).
Extenuating
circumstances,
such
as
negligence
on
the
part
of
the
father,
might
also
bring
about
maternal
child
custody.
BEREAVEMENT
Throughout
much
of
the
state,
the
widow
was
required
to
singe
or
cut
off
her
hair
and
cover
her
head
and
face
with
pitch.
This
disfigurement
was
usually
left
on
for
a
year
or
longer.
Widowers
may
also
crop
their
hair,
although
the
mourning
period
prescribed
for
them
was
abbreviated
to
a
few
months.
After
the
mourning
period
bad
passed
the
widow
often
married
her
husband's
brother;
the
widower
married
his
dead
wife's
sister
of
other
female
relative,
especially
if
the
wife
had
not
borne
any
children.
A
dutiful
son-in-law
cared
for
his
parents-in-law
even
following
the
death
of
his
wife.
"If
he
is
any
good,
a
husband
takes
care
of
his
wife's
father
and
mother
even
when
she
dies.
These
are
the
kind
of
boys
the
old
folks
want
to
keep
in
the
family"
(Holt
1946:323,
Shasta).
A
widower
visited
his
mother-in-law
and
brought
her
gifts
of
game
(Driver
1936:208,
Wappo).
If
a
widower
decided
to
marry
outside
his
first
spouse's
family,
he
usually
asked
permission
of
his
parents-in-law.
The
same
was
true
of
widows.
Deferment
to
the
wishes
of
the
parents-in-law
showed
one's
respect
for
the
deceased.
Likewise,
a
man
or
woman
waited
before
remarrying.
The
waiting
period
was
up
to
two
years
for
a
man
and
from
one
to
five
years
for
a
woman.
Those
who
married
too
soon
risked
repercussions
from
the
31
deceased's
family,
who
may
kill
the
offender
or
resort
to
poisoning
(Driver
1936:208,
Wappo;
Stewart
1933:296,
Owens
Valley
Paiute).
In
the
absence
of
the
levirate,
a
widow
could
be
married
by
a
man
who
was
not
related
to
her
first
husband.
Marrying
a
widow
required
less
effort
and
means.
Widows
and
divorced
women,
not
being
virgins,
demanded
a
lower
bride
price
(Nomland
1938:100,
Bear
River;
1935:160,
Sinkyone).
However,
if
a
divorced
woman's
conduct
was
good
and
her
divorce
had
been
the
fault
of
her
husband,
her
bride
price
was
supposedly
not
affected
by
her
previous
marriage
(Hold
1946:324,
Shasta;
Driver
1939:404,
Mattole).
The
bride
price
for
a
widow
was
often
tendered
her
dead
husband's
family,
particularly
in
areas
where
the
original
payment
involved
actual
ownership
of
the
woman
(Drucker
1937a:248,
Tolowa,
Garth
1953:164,
Atsugewi).
According
to
Holt,
the
Shasta
maintained
that
a
divorcee
did
not
marry
again
if
she
was
a
"good
woman"
(Holt
1946:323).
Conversely,
Dixon
states
of
the
Shasta:
"Usually
a
divorced
woman
does
not
remarry
but
becomes
for
all
intents
and
purposes
a
prostitute"
(Dixon
1907:464).
In
some
areas,
a
widow
may
be
asked
to
marry
directly,
without
channeling
the
request
through
her
guardians
or
a
go-between
(Faye
1923:37,
Southern
Maidu).
There
was
no
period
of
engagement
or
waiting
before
marriage,
provided
that
the
bereaved's
mourning
period
had
been
observed
(Beals
1933:
372,
Southern
Maidu).
Marriage
with
a
widow
was
also
a
less
ceremonious
affair
(Nomland
1935:160,
Sinkyone).
Among
the
Luiseno,
a
widow
was
a
free
agent;
she
may
even
propose
to
a
married
man,
requesting
that
he
provide
for
her.
A
man
who
refused
such
an
offer
was
considered
unchivalrous
(Sparkman
1908:214).
However,
the
widow
was
usually
not
under
her
own
jurisdiction;
she
was
often
the
ward
of
her
family
or
her
husband's
family;
their
permission
was
mandatory
before
she
could
remarry.
LEVIRATE
The
levirate,
the
practice
of
marriage
between
a
widow
and
her
dead
husband's
brother
or
some
other
male
relative,
occurred
in
all
parts
of
the
state
except
along
the
Colorado
River
(Kroeber
1925:839,
Yuma,
Mohave)
and
among
the
Eastern
Pomo
(Klimek
1935:
Table
5).
The
levirate
was
less
mandatory
than
the
sororate.
The
levirate
was
a
useful
mechanism
for
main-
taining
family
relations
in
the
event
of
death.
The
husband's
family
was
also
able
to
retain
its
investment
in
the
woman.
For
example,
among
the
Shasta
it
was
considered
fair
that
one
of
a
man's
relatives
who
contributed
to
the
bride
price
should
get
the
woman
if
the
man
died
(Dixon
1907:463).
32
This
practice
sometimes
required
an
additional
payment
to
the
woman's
family.
Sometimes
the
levirate
was
practiced
only
if
there
were
children;
this
would
insure
that
they
would
be
cared
for
(Kroeber
1925:210,
Huchnom).
An
Atsugewi
man
might
divorce
his
wife
in
order
to
marry
his
deceased
brother's
wife,
particularly
if
she
was
a
better
provider
than
his
present
wife.
This
practice
emphasizes
the
importance
of
industriousness
in
ob-
taining
a
mate.
A
widow's
father-in-law
might
marry
her
if
he
were
widowed
himself,
especially
if
she
was
a
hard
worker.
The
following
example
was
given
by
Garth
(1953:165):
A
man
who
was
eighty
years
old
had
a
son
who
died.
The
old
man
made
an
arrow
and
put
a
flint
on
it.
Then
he
put
the
arrow
on
top
of
the
basket
belonging
to
his
son's
widow.
If
she
took
the
arrow
off,
it
meant
that
she
would
have
nothing
to
do
with
him.
Then
he
had
the
right
to
kill
her.
She
left
the
arrow
there.
This
meant
that
they
were
married.
She
figured
that
he
would
die
soon,
and
then
she
could
get
a
young
husband.
Even
if
there
were
no
male
relative
available,
the
dead
husband's
family
often
maintained
control
over
the
widow.
For
example,
a
man
who
married
a
widow
but
was
not
of
her
dead
husband's
family
may
be
required
to
pay
the
deceased's
kin
(Garth
1953:164,
Atsugewi
;
Drucker
1937a:248,
Tolowa).
If
no
payment
was
made,
the
man
ran
the
risk
of
being
killed
by
the
dead
man's
relatives
(Garth
1953:164,
Atsugewi).
If
the
levirate
was
not
practiced,
usually
because
all
male
relatives
of
the
deceased
were
already
married,
these
men
were
nonetheless
responsible
for
the
widow's
welfare
(Holt
1946:323,
Shasta).
SORORATE
Two
types
of
sororate
were
practiced
in
California:
simultaneous
and
successive.
Simultaneous
sororate
involved
marriage
to
two or
more
sisters
at
the
same
time
and
is
discussed
in
the
section on
polygynous
marriages.
Sororate
is
termed
successive
when
the
man
received
a
second
wife
from
his
deceased
wife's
family.
The
second
wife
was
often
a
sister
of
the
first,
but
she
could
have
been
any
unmarried
blood
relative.
One
of
the
rationalizations
given
for
the
sororate
was
that
it
33
was
done
out
of
respect
for
the
deceased
woman
(Sparkman
1908:214,
Luiseno).
Another
compelling
reason
for
the
sororate
was
that
the
woman's
family
often
had
to
refund
the
bride
price
if
no
substitute
could
be
found.
The
sororate
was
more
rigorously
practiced
where
literal
bride
purchase
was
in
force.
The
sororate
was
commonly
practiced
when
the
wife
died
at
a
young
age.
The
custom
was
especially
followed
if
the
woman
had
had
no
children.
The
Yurok
contended
that
if
a
married
woman
died
at
middle
age
her
family
would
be
obligated
to
supply
a
replacement
or
refund
of
the
bride
price
unless
she
had
borne
three
or
four
children.
If
she
had
borne
only
one
or
two
children,
part
of
the
bride
price
was
refunded
(Kroeber:1925:31).
In
the
northwestern
part
of
the
state,
a
small
payment
was
usually
tendered
for
an
additional
wife.
The
Yurok
payment
was
almost
half
of
the
amount
paid
for
the
first
wife,
but
it
was
customarily
spoken
of
as
"a
little"
(Kroeber
1925:31).
This
second
payment
has
been
recorded
for
the
Tolowa
(Drucker
1937a:248),
Bear
River
(Nomland
1938:100),
and
Sinkyone
(Nomland
1935:160).
Gifford
reports
that
this
custom
was
also
followed
by
the
Western
Mono,
although
the
author
doubts
that
it
was
a
common
practice.
Gifford
states
that
only
women
who
always
stayed
at
home
were
paid
for
(Gifford
1932:31),
thus
not
all
wives
were
paid
for
even
in
cases
of
first
marriages.
The
additional
payment
was
probably
given
because
providing
a
wife
completely
free
of
charge
might
cause
economic
difficulties
for
her
family.
In
addition,
the
second
payment
may
have
been
necessary
to
validate
the
union
and
its
issue.
If
no
substitute
was
available
and
there
were
no
children,
complete
repayment
was
in
order.
However,
if
the
husband
refused
to
take
the
woman
offered
as
a
replacement,
customs
regarding
repayment
varied.
The
Bear
River
Indians
refused
repayment
if
the
new
wife
was
unacceptable
to
the
husband,
in
which
case
the
original
bride
payment
was
a
complete
loss
(Nomland
1938:100).
On
the
other
hand,
the
Sinkyone
did
refund
the
original
bride
price
if
the
man
did
not
accept
the
substitute
offered
him,
provided
that
there
were
no
children
(Nomland
1935:160).
Complete
repayment
was
naturally
refused
if
the
wife
had
borne
any
children,
because
then
their
birth
would
not
be
properly
paid
for;
they
would
become
illegitimate
and
lose
their
social
standing.
Even
if
no
female
relative
was
available,
the
man
may
have
to
seek
permission
from
the
dead
woman's
family
before
marrying
another
woman
(Drucker
1937a:246,
Tolowa).
The
Shasta
maintained
that
a
man
could
not
marry
outside
his
late
wife'
s
family
without
having
been
released
by
them.
However,
there
was
34
little
reason
for
a
man
to
procure
a
wife
from
a
second
family
when
he
could
have
one
from
the
first
at
a
lesser
price
(Kroeber
1925:298).
He
also
did
not
have
to
expend
the
effort
of
having
to
establish
friendly
relations
with
another
family.
In
areas
where
actual
bride
purchase
was
not
practiced,
the
sororate
was
more
subject
to
the
wishes
of
those
involved
and
was
practiced
by
mutual
agreement.
The
woman's
family
was
more
likely
to
provide
a
second
wife
if
they
liked
the
husband
and
if
he
had
treated
them
well.
If
a
man's
only
wife
died
and
his
brother
had
more
than
one
wife,
the
brother
may
give
one
of
the
wives
to
the
widower,
especially
if
no
other
woman
was
available
(Sparkman
1908:214,
Luiseno).
The
sororate
was
practiced
by
all
groups
in
California
except
the
Yuma
and
the
Mohave
(Klimek
1935:
Table
5)
TRANSVESTITES
Transvestism
occurred
in
most
parts
of
the
state.
Transvestites
were
predominately
male,
although
female
transvestites
have
been
reported,
mostly
in
northern
California
and
along
the
Colorado
River.
Transvestites
were
a
regular
part
of
society
and
often
had
specialized
roles.
For
example,
they
handled
corpese
among
the
Yokuts,
Western
Mono,
Bankalachi,
and
Tubatulabal
(Driver
1937b:90).
Male
transvestites
have
been
known
to
marry
or
"live
with"
normal
males.
They
were
reportedly
prized
for
their
ability
to
handle
hard
work
(Kroeber
1925:647,Juaneno).
It
is
interesting
to
note
that
such
marriages
would
lack
children,
whereas
childbearing
was
one
of
the
most
important
considerations
in
normal
marriages.
It
is
possible
that
the
lack
of
progeny
might
be
compensated
for
if
male
transvestites
were
taken
as
subsequent
wives
in
polygynous
marriages,
but
this
possibility
has
not
been
reported
in
the
literature.
Female
transvestites
have
also
been
reported
as
marrying
or
"living
with"
normal
females,
but
there
instances
were
comparatively
rare
(Voegelin
1942:134,
Achomawi,
Atsugewi,
Wintu,
Klamath,
Shasta;
Kroeber
1925:749,
Mohave;
Gifford
1931:56,
Kamia).
TRANSVESTITE
MARRIAGES
IN
NATIVE
CALIFORNIA
Tolowa
M
Yurok
mi
Wiyot
B
Hupa
m
Mattole
mi
Sinkyone
m
Kato
m
M
Yuki
M M
Lassik
m
Patwin
m
Poro
m
M
Wappo
B
Yana
B
Klamath
B
m
Shasta
B
m
Atsugewi
B
F
Achomawi
B
F
Washo
B
No.
Paiute
B
Wintu
B
m
Maidu
m
Nisenan
m
M
Miwok
m
M
Yokuts
m
M
Mono
M
M
Bankalachi
m
Panamint
M
KEY
Costanoan
mnKE
CoStalman
M
-
only
males
Salinan
m
Chumash
i
m
-
predominately
males,
Gabrielino
m
some
females
Diegueno
M
M
F
-
only
females
B
-
both
sexes
Kamia
B
F
(taken
in
part
from
Yumna
M
M
Willoughby,
1963:59-60).
Juaneno
M
M
36
ACCULTURATION
The
arrival
of
white
culture
and
the
imposition
of
white
ideals
and
religion
affected
native
marriage
and
divorce
practices
significantly.
The
ravages
of
missionization
and
the
influence
of
American
culture
disrupted
anoriginal
marriage
patterns.
White
concepts
of
marriage
were
first
introduced
during
the
process
of
missionization.
While
living
at
the
missions,
the
Indians
were
required
to
marry
in
the
Catholic
fashion
and
to
follow
the
rules
of
Catholic
marriage.
The
rules
of
Catholic
marriage
were
completely
different
from
those
practiced
aboriginally.
There
is
some
information
about
marriage
practices
for
non-
mission
Indians
or
Gentiles,
in
the
records
of
the
mission
Fathers.
These
accounts
are
notoriously
biased,
and
contain
observations
such
as,
"It
appears
that
the
Gentiles
love
their
women;
nature
may
account
for
that"
(Taylor
1860:54).
Mission
records
state
that
non-Catholicized
Indians
practiced
polygamy,
and
that
sometimes
a
man
would
marry
all
of
the
sisters
in
one
family
(Harrison
1892:87).
Another
comment
was
that
although
the
Indians
loved
their
wives,
they
"leave
them
easily"
(Engelhardt
1929:63).
An
account
from
Mission
Dolores
notes
that
Indian
marriages
lasted
until
the
couple
fought
or
until
one
of
them
became
sick
(Engelhardt
1924:66).
At
the
missions,
however,
an
Indian
was
limited
to
one
spouse
with
whom
he
or
she
was
supposed
to
stay
for
a
lifetime.
These
restrictions
naturally
caused
problems,
and
the
priests
tried
to
reconcile
unhappy
couples
(Amoros
1974:46).
Unmarried
men
and
women
were
locked
up
in
separate
"barracks"
at
the
missions.
Married
women
whose
husbands
were away
were
also
locked
up.
Unmarried
couples
who
were
caught
together
were
whipped
(Switzer
1974:
18).
These
restrictions,
along
with
the
introduction
of
Catholic
marriage,
obviously
affected
native
patterns
of
marriage
and
courtship.
It
is.interesting
to
note
that
as
a
result
of
his
conversion
to
Catholicism,
Salvador
Palma
(Olleyquotequiebe),
Captain
(Cofot)
of
the
Yuma
tribe,
banned
polygamy
among
his
people.
In
his
account
of
1776,
he
stated
that
he
did
not
even
excuse
his
brother
from
the
edict,
causing
the
latter
to
give
up
seven
of
the
wives
which
he
had
(Heizer
and
Bowman
1967:153).
Other
useful
studies
include
autobiographical
accounts
of
native
Californians,
namely,
Shipek's
Autobiography
of
Delfina
Cuero
(1968,
Diegueno),
and
Colson's
Autobiographies
of
Three
Pomo
Women
(1974).
Add-
itional
information
on
the
effects
of
white
influence
can
be
obtained
by
gleaning
the
ethnographic
literature
for
informants'
comparisons
between
pre-contact
and
contemporary
practices.
Traditions
such
as
bride
purchase
and
gift
exchange
were
abandoned
37
on
account
of
various
factors.
The
custom
of
bride
purchase
in
the
north-
western
part
of
the
state
was
discontinued
due
to
the
breakdown
of
native
value
systems
and
the
influence
of
the
United
States
government
(Goddard
1903:55,
Hupa;
Waterman
and
Kroeber
1934:3-4,
Yurok).
The
Yurok
spoke
of
recent
marriages
without
payment
as
"half-marriages,"
implying
that
the
unions
were
not
proper
according
to
the
old
customs
(Waterman
and
Kroeber
1934:4).
In
other
areas
of
California,
the
groom's
customary
gift
was
also
discontinued;
Strong
(1929:75,
Desert
Cahuilla)
reports
that
Desert
Cahuilla
informants
contemptuously
reported
that
a
girl
was
only
worth
"a
paper,"
i.e.,
the
marriage
license.
A
baby
girl
was
referred
to
as
"a
paper."
The
Kamia
reported
that
a
suitor
"in
the
old
days"
gave
a
gift
of
beads
to
the
woman's
father.
This
custom
had
long
fallen
into
disuse
because
the
beads,
from
the
Gulf
Coast,
were
no
longer
available,
probably
due
to
the
breakdown
of
native
trade
routes
(Gifford
1931:55).
Delfina
Cuero,
a
Diegueno
woman,
after
describing
the
old
Diegueno
marriage
practices,
added,
"Sometimes
they
had
a
dance
as
well
as
the
feast.
As
food
got
harder
to
find,
they
stopped
having
the
feasts"
(Shipek
1968:55).
These
instances
do
not simply
relate
the
abandonment
of
old
traditions,
they
were
symptoms
that
the
Indians'
way
of
life
was
no
longer
possible.
Marriage
as
an
institution
in
native
California
was,
in
part,
based
on
the
aboriginal
division
of
labor,
i.e.,
the
interdependence
of
men
and
women
necessary
for
survival.
Thus
the
strength
of
the
marriage
bond
was
adversely
affected
when
native
methods
of
subsistence
were
no
longer
viable.
An
observation
by
Hooper
illustrates
this
change:
"The
man
who
was
the
best
hunter
was
held
in
very
high
esteem.
The
woman
who
could
do
the
most
work
in
the
shortest
time
was
the
ideal
woman.
Nowadays
these
things
do
not
matter
so
much"
(Hooper
1920:353).
A
relaxation
of
kinship
restrictions
was
also
evident
in
the
post-
contact
period,
This
phenomenon
was
probably
ascribable
to
the
general
breakdown
of
the
culture.
Old
kinship
ties
and
rules
were
forgotten,
and
the
native
population
was
reduced
to
a
point
that
the
number
of
available
partners
also
decreased.
Aboriginally,
cousin
marriages were
condemned,
with
the
exception
of
a
few
groups
which
practiced
cross-cousin
marriage.
For
example,
marriages
between
second
and
third
cousins
were
formerly
proscribed
by
the
Atsugewi,
but
were
practiced
in
later
times
(Garth
1953:
163).
A
similar
occurrence
has
been
reported
for
the
Southern
Maidu
(Beals
1933:373).
A
Luiseno
man
complained
that
contrary
to
old
rules,
people
of
the
same
clan
name
were
intermarrying,
complaining,
"Now
it
seems
like
we
are
marrying
our
sisters
and
brothers"
(Strong
1929:284).
Marriages
between
whites
and
Indians
were
genera
lly
disapproved
of
by
38
both
races,
and
often
severed
family
ties
(Heizer
1974b:ll).
Indian
women
were
considered
to
be
good
wives
according
to
white
standards,
being
de-
scribed
as
neat,
tidy,
and
industrious
(Heizer
1974b:112).
However,
white
men
were
rarely
willing
to
legalize
their
relations
with
Indian
women
(Cook
1943:11).
Children
born
of
racially
mixed
couples
encountered
problems
in
reckoning
descent.
For
example,
a
half-breed
born
of
a
Cupeno
mother
would
belong
to
his
mother's
clan;
otherwise,
descent
among
the
Cupeno
was
strictly
patrilineal
(Strong
1929:188).
A
Pomo
informant
aptly
described
the
situation
and
the
Pomo
reaction
to
it:
"When
first
Mexicans
came
up
here,
they
just
grab
the
girls
and
take
them
into
the
bushes.
Have
the
pistol
in
one
hand,
they
do
what
they
want
and
let
them
go...That'
s
the
way
they
do
long
time
ago.
So
lots
of
white
babies,
and
they
choke
them...That
was
long
time
ago.
That's
why
not
many
half-breeds
around
here"
(Colson
1974:112-113).
The
introduction
of
alcohol
to
the
native
population
added
to
marital
problems.
Liquor
served
as
a
popular
escape
route
for
Indians
and
violence
was
a
common
by-product
of
momentary
oblivion
(Colson
1974:223;
Heizer
1974b).
Such
violence
was
often
directed
toward
one's
spouse,
the
result
of
which
was
often
an
unhappy
separation.
Driver
reports
that
celibacy
had
recently
become
common
among
the
Wappo
(Driver
1936:209).
Driver
attributes
this
to
the
breakdown
of
native
culture,
but
also
mentions
that
it
may
have
been
influenced
by
a
smallpox
epidemic
which
seriously
reduced
the
population.
Since
we
possess
no
statistics
with
which
to
compare
the
frequency
of
divorce
before
and
after
white
contact,
we
can
only
rely
on
native
in-
formants
for
such
a
comparison.
For
example,
in
his
analysis
of
Yuki
culture,
Foster
states
that
although
divorce
was
formerly
nonexistent,
marriages
had
since
become
brittle
(Foster
1944:186).
Likewise,
Loeb
reports
that
divorce
was
formerly
rare
among
the
Pomo
(Loeb
1926:281).
Similar
statements
have
been
made
for
several
other
groups,
including
the
Southern
Maidu
(Beals
1933:372),
Tubatulabal
(Voegelin
1938:44),
and
Wintu
(DuBois
1935:56).
Informants
also
maintained
that
spouses
were
formerly
faithful
to
one
another,
although
these
claims
may
be
an
idealization
of
the
past
(Loeb
1926:281,
Pomo;
Lowie
1939:109,
Washo).
Foster
sums
up
the
character
of
post-contact
native
marriage
in
the
following
passage
from
his
"Summary
of
Yuki
Culture"
(Foster
1944:186):
Present-day
marital
conditions
reflect
little
of
the
ancient
ideal.
One
couple,
married
in
the
Methodist
Church,
have
lived
together
for
fifty-three
years,
but
they
are
the
wonder
of
the
reservation.
Frequently
a
couple
will
be
married
once,
but
the
union
lasts
only
39
until
one
or
both
parties
wish
to
dissolve
it,
which
is
done
without
recourse
to
law.
Many
old
Yuki
have
lived
for
periods
of
years
with
as
many
as
four
wives
or
husbands
--
in
tandem
--
switching
from
the
old
to
the
new
whenever
the
spirit
or
circumstances
moved
them.
The
present
paper
is
not
an
acculturation
study,
and
no
attempt
was
made
to
determine
the
exact
proportion
of
illegitimate
children
--
known
as
"brush
rabbits"
--
which
is
appallingly
high.
One
informant
considered
the
absence
of
a
chief
with
tribal
authority
as
the
principal
reason
for
present
conditions.
"In
the
old
days,
people
would
be
afraid
to
live
the
way
they
do
now."
A
major
source
of
information
regarding
the
effect
of
white
culture
on
California
Indian
marriage
and
divorce
is
Part
Four
of
S.F.
Cook's
"The
Conflict
Between
the
California
Indian
and
White
Civilization"
(1943).
A
sumnmary
of
his
article
is
presented
below
as
basic
information
on
which
the
author
will
base
her
observations.
Among
the
California
Indians,
marriage
and
divorce,
or,
as
Cook
phrases
it,
connubial
union
and
disunion,
were
definite,
fully
recognized
social
concepts.
Following
the
advent
of
the
whites,
the
Indians
suffered
a
grave
loss
of
population
and
a
drastic
alteration
of
their
social
environment.
Native
marriage
practices
were
brought
into
competition
with
the
white
ideal
of
life-long
monogamy.
Considerable moral
pressure
was
placed
on
the
Indian
to
relinquish
his
former
customs
and
practice
those
of
the
whites.
Thus,
marriages
among
the
California
Indians
were
of
two
types,
the
first
following
Indian
customs
and
the
second
being
according
to
white
legal
and
religious
standards.
Formerly,
marriage
simply
involved
establishing
a
common
abode,
a
step
usually
attended
by
various
observances.
Competition
with
the
whites
forced
the
Indian
to
abandon
his
secondary
rituals,
but
the
essential
act
of
cohabitation
remained.
Therefore,
Cook
argues,
marriage
as
an
institution
was
largely
unchanged,
the
Indian
making
a
superficial
adaptation
to
white
formalities.
Aboriginally,
divorce
was
usually
effected
by
a
simple
separation.
Unlike,
marriage,
divorce
was
to
be
all
but
eradicated,
since
white
society
did
not
permit
a
union
to
dissolve
without
a
legal
divorce.
Legal
divorces
were
difficult
to
obtain,
particularly
in
days
past.
The
adaptation
called
for
with
respect
to
divorce
was
not
merely
ritualistic;
the
Califor-
nia
Indian
was
required
instead
to
make
a
major
change
in
his
deeply-rooted
social,
psychological,
and
sexual
tendencies.
With
respect
to
the
adoption
of
white
marriage
customs,
the
adapta-
tion
on
the
part
of
the
Indian
has
been
fairly
successful.
The
acceptance
40
of
white
marriage
customs
was
subject
to
certain
influences.
The
first
was
the
active
effort
on
the
part
of
religious
and
government
groups
to
change
native
marriage
practices.
The
second
was
the
degree
of
convenience
with
which
an
Indian
could
effect
a
legal
marriage,
which
often
involved
considerable
effort
and
personal
expense.
The
third
factor
was
the
nature
and
frequency
of
con-
tact
between
the
white
and
Indian
populations,
including
comparative
popula-
tion
densities.
The
fourth
was
the
degree
of
racial
mixture
between
the
Indians
and
whites;
the
greater
the
ratio
of
white
to
Indian
blood,
the
greater
the
tendency
to
follow
white
customs.
Cook
makes
several
observations
about
the
relative
success
of
legal
and
Indian
Custom
marriages
among
native
Californians.
Legal
marriages
tended
to
be
more
durable
than
Indian
Custom
marriages.
One
possible
ex-
planation
for
this
trend
is
that
couples
who
chose
to
marry
legally
would
have
been
in
closer
contact
with
white
culture
and
would
have
been
attracted
to
white
marriage
principles. In
addition,
the
reaction
of
white
society
to
a
couple's
casual
separation
would
have
been
greater
if
the
marriage
was
legal
than
if
the
marriage
was
according
to
Indian
Custom.
Marriages
according
to
Indian
Custom
have
gradually
become
less
stable.
This
trend
is
also
visible
among
legal
marriages,
although
legal
unions,
as
a
whole,
tend
to
display
greater
stability.
The
institution
of
marriage
among
the
California
Indians
has
experienced
dangerous
weakening
since
aboriginal
times.
Cook
adds
that
the
relaxation
of
marriage
is
a
very
grave
matter,
because
it
is
symptomatic
of
a
loosening
of
family
bonds
among
the
Indians.
Both
legal
and
Indian
Custom
marriages
and
divorces
were
recognized
as
valid
by
the
Indian
Service.
Cook
argues
that
the
Indian's
primary
prob-
lem
was
that
although
he
had
been
induced
to
abandon
his
native
marriage
practices,
no
clear-cut
mode
of
behavior
was
offered
to
him
as
an
alternative.
Confronted
with
an
irregularity
of
standards,
"A
condition
of
mental
uncertain-
ty
and
confusion
thereupon
follows,
which
must
be
accompanied
by
all
sorts
of
strain.
When
the
cultural
component
is
of
such
a
fundamental
character
that
it
involves
sex
and
family
relations,
then
the
initial
maladjustment
will
bring
in
its
train
emotional
disturbances
almost
amounting
to
neuroses"
(Cook
1943:29).
The
increase
in
the
failure
of
Indian
marriages
was
partially
due
to
the
omission
on
the
part
of
white
society
to
"exert
strong
unequivocal
pressure
on
the
Indians
in
any
specific
direction"
(Cook
1943:3).
Cook
makes
the
following
statement
with
regard
to
the
so-called
Indian
Custom
union
(Cook
1943:3):
Primitively,
all
that
was
necessary
in
order
to
establish
a
recognized
Indian
familBy
or
household
was
for
a
man
and
woman
41
to
take
up
a
common
abode.
This
act
was
characteristically
accompanied
by
certain
forms
and
rituals,
differing
somewhat
according
to
the
tribe
but
possessing
considerable
binding
force.
When
the
Indian
was
driven
into
economic
and
social
competi-
tion
with
the
white
man,
most
of
these
subsidiary
rites
and
ceremonies
were
eliminated,
but
the
central
act
has
always
remained.
What
Cook
fails
to
mention
is
that
the
elimination
of
the
rituals
which
accompanied
native
marriages
were
the
result
of
far
more
than
a
mere
super-
ficial
adaptation
on
the
part
of
the
Indian.
The
discontinuation
of
practices
such
as
gift
exchange
between
families
(Colson
1974:218,
Pomo),
marriage
feasts
(Shipek
1968:55,
Diegueno),
and
pride
purchase
(Goddard
1903:55,
Hupa),
cannot
be
viewed
as
a
simple
deletion
of
"subsidiary
rites."
The
loss
of
these
elements
of
native
culture
was
accompanied
by
the
loss
of
those
things
which
these
ceremonies
symbolized.
These
included:
the
stability
of
the
families
involved;
the
economic
and
emotional
support
given
the
couple
by
their
families;
the
reaffirmation
of
status
in
the
community;
the
complemen-
tary
roles
of
husbands
and
wives,
as
well
as
other
important
aspects
of
native
society.
The
imposition
of
white
laws,
economy,
and
religion
had
a
profound
effect
on
native
marriage
and
divorce.
The
Indians
were
forced
to
abandon
their
traditions,
although
they
were
unable
to
accept
wholly
white
marriage
ideals,
particularly
with
regard
to
monogamy
and
life-long
attachment
to
that
single
spouse.
The
effect
of
white
economy
and
the
inability
to
con-
tinue
aboriginal
lifeways
disrupted
the
interdependence
of
Indian
husbands
and
wives.
Intermarriage
with
whites
disrupted
traditional
kinship
ties.
The
discontinuance
of
native
practices,
accompanied
by
a
partial
acceptance
of
those
of
the
whites,
left
the
California
Indian
without
a
meaningful
basis
for
marriage.
42
B
IBLIOGRAPHY
ABBREVIATIONS
USED
AA
American
Anthropologist
ANNH-B
American
Museum
of
Natural
History
-
Bulletin
BAE-B
Bureau
of
American
Ethnology
-
Bulletin
BP-PAEH
Ballena
Press
-
Publications
in
Archaeology,
Ethnology,
and
History
SM-P
Southwest
Museum
-
Papers
UC-
University
of
California
-AR
Anthropological
Records
-ARF
Archaeological
Research
Facility
-AS-R
Archaeological
Survey
-
Reports
-PAAE
Publications
in
American
Archaeology
and
Ethnography
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