him to “stand punishment,” as it is called; that is, he stands with a shield at a fair distance, while the whole tribe, either simultaneously or in rapid succession, cast their spears at him. Their expertness generally enables those who are exposed to this trial to escape without serious injury, though instances of a fatal result occasionally occur; however, there is a certain propriety even in this extraordinary punishment, as the accuracy and force with which the weapons are thrown will depend very much on the opinion entertained of the enormity of the offence.47 Among the North-West-Central Queensland aborigines, though each individual, within certain limits, can do what he pleases, “he has to reckon not only with the particular person injured, or his relatives, but also, in some cases, with the whole camp collectively. Thus the camp as a body, as a camp council, will take upon itself to mete out punishment in crimes of murder, incest, or the promiscuous use of fighting-implements within the precincts of the camping-ground: death, and probably the digging of his own grave, awaits the delinquent in the former case, while ‘crippling,’ generally with knives, constitutes the penalty for a violation of the latter.” Again, if a woman makes herself obnoxious in the camp, especially to the female portion of it, she is liable to be set upon and “hammered” by her fellow-sisters collectively, the men on such occasions not interfering.48 Among the Bangerang tribe of Victoria, “any one who had suffered a wrong complained of it, if at all, at night aloud to the camp, which was silent and attentive. Then the accused was heard. Afterwards those who chose, men or women, expressed their views on the subject; and if general opinion pronounced the grievance a good one, the accused accepted the penalty sanctioned by custom.”49 Among various tribes in Western Victoria, “should a person, through bad conduct, become a constant anxiety and trouble to the tribe, a consultation is held, and he is put to death.”50 Among the Mpongwe, if a man murders another, he is put to death, not by the nearest of kin, but by the whole community, being either drowned or burned alive.51 Among the Hudson Bay Eskimo, “when a person becomes so bad in character that the community will no longer tolerate his presence he is forbidden to enter the huts, partake of food, or hold any intercourse with the rest. Nevertheless, as long as he threatens no one’s life, but little attention is paid to him. Should he be guilty of a murder, several men watch their opportunity to surprise him and put him to death, usually by stoning. The executioners make no concealment of their action and are supported by public opinion in the community.”52
47 Hale, U.S. Exploring Expedition. Vol. VI. Ethnography and Philology, p. 114. Cf. Eyre, Journals of Expeditions of Discovery into Central Australia, ii. 388; Collins, English Colony in New South Wales, i. 586; Brough Smyth, Aborigines of Victoria, ii. 295.
48 Roth, Ethnological Studies among the North-West-Central Queensland Aborigines, pp. 139, 141. Curr, The Australian Race, i. 61 sq.
49 Curr, Squatting in Victoria, p. 245.
50 Dawson, Australian Aborigines, p. 76.
51 Burton, Two Trips to Gorilla Land, i. 105.
52 Turner, ‘Ethnology of the Ungava District,’ in Ann. Rep. Bur. Ethn. xi. 186.
Among various savage peoples expulsion from the tribe is the punishment of persons whose conduct excites great public indignation, and among others such persons are outlawed.
The Chippewyans, among whom “order is maintained in the tribe solely by public opinion,” the chief having no power to punish crimes, occasionally expel from the society individuals whose conduct is exceptionally bad and threatens the general peace.53 The Salish, or flathead Indians, sometimes punished notorious criminals by expulsion from the tribe or band to which they belonged.54 Sir E. F. Im Thurn, whilst praising the Indians of Guiana for their admirable morality as long as they remain in a state of nature, adds that there are exceptions to the rule, and that such individuals “are soon killed or driven out from their tribe.”55 Among the Bedouins of the Euphrates, “in extreme cases, and as the utmost penalty of the law, the offender is turned out of the tribe”;56 and the same is the case among the Beni Mzab.57 In the Scotch Highlands, even to this day, instances are common of public opinion operating as a punishment, to the extent of forcing individuals into exile.58 There are cases reported from various parts of the savage world of banishment being inflicted as a punishment for sexual offences;59 and other instances of expulsion are mentioned by Dr. Steinmetz.60 In some cases, however, expulsion is to be regarded rather as a means of ridding the community from a pollution, than as a punishment in the proper sense of the term.61
53 Richardson, Arctic Searching Expedition, ii. 26 sq.
54 Hale, op. cit. p. 208.
55 Im Thurn, Among the Indians of Guiana, p. 213.
56 Blunt, Bedouin Tribes of the Euphrates, ii. 206.
57 Chavanne, Sahara, p. 315. Tristram, Great Sahara, p. 207.
58 Stewart, Highlanders of Scotland, p. 380.
59 Westermarck, History of Human Marriage, p. 61 sqq.
60 Steinmetz, op. cit. ii. ch. 5.
Nearly related to the punishment of expulsion is that of outlawry. Von Wrede states that the Bedouins of Ḥadhramaut give a respite of three days to the banished man, and that after the lapse of this period every member of the tribe is allowed to kill him.62 Among the Wyandots the lowest grade of outlawry consists in a declaration that, if the offender shall continue in the commission of crimes similar to that of which he has been guilty, it will be lawful for any person to kill him, whilst outlawry of the highest degree makes it the duty of any member of the tribe who may