separated from the aggregate body of its members. Maurer, with correct intuition, recognized the constitution of the German Mark as a purely social institution, essentially different from that of a state, though furnishing the fundament on which a state constitution could be erected later on. Hence in all of his writings, he traced the gradual rise of the public power of coercion from and by the side of primordial constitutions of marks, villages, farms and towns. The North American Indians show how an originally united tribe gradually spreads over an immense continent; how tribes by segmentation become nations, whole groups of tribes; how languages change so that they not only become unintelligible to one another, but also lose every trace of former unity; how at the same time one gens splits up into several gentes, how the old mother gentes are preserved in the phratries and how the names of these oldest gentes still remain the same in widely distant and long separated tribes. Wolf and bear still are gentile names in a majority of all Indian tribes. And the above named constitution is essentially applicable to all of them, except that many did not reach the point of forming leagues of related tribes.
But once the gens was given as a social unit, we also see how the whole constitution of gentes, phratries and tribes developed with almost unavoid- able necessity—because naturally—from the gens. All three of them are groups of differentiated consanguine relations. Each is complete in itself, arranges its own local affairs and supplements the other groups. And the cycle of functions performed by them includes the aggregate of the public affairs of men in the lower stage of barbarism.
Wherever we find the gens as the social unit of a nation, we are justified in searching for a tribal organization similar to the one described above. And
