:^ MARRIAGE OF NEAR KIN FREET SQUARE MARRIAGE OF NEAR KIN CONSIDERED WITH RESPECT TO THE LAWS OF NATIONS, THE RESULTS OF EXPERIENCE AND THE TEACHINGS OF BIOLOGY ALFRED HENRY HUTH SECOND EDITION, REVISED .... FRAGT NICHT DEN WIEDERHAI.L EURER KREUZGANGE, NICHT EOB I'ERMODERTES PERGAMENT, NICHT EURE VERSCHRANKTEN GRII.LEN UN I'ERORDNUNGEN ! FRAGT DIE NATUR UND EUER HERZ, SIE WIRD EUCH LEHREI LONDON LONGMANS, GREEN, AND CO. AND NEW YORK : 15 E.\ST 16"' STREET- 1887 v\^ PREFACE. "T^ HOUGH many ivriters Iiave treated on tlic subject of con- sangnineoiis marriage, from many points of view, no one has hitherto come forzvard with a generalisation of their zvork, which lies scattered and buried in a mass of pamphlets and periodical literature, difficult to hear of, difficult to find, and requiring considerable lime and thought to digest. Tlic con- sequence has been that people have been unable to fudge of the relative value of the various observations they may read or make, and from a want of the necessary perspective are liable to draw zvholly wrong and sometimes ridiculous conclusions. In this work the author has endeavoured to gather together everything of importance tluit has been written upon the subject ; to arrange and classify it, to weigh the evidence on either side, to refect zvhat is worthless, and point out the value of zuhat remains. In this investigation he has attempted to divest him- self of all prejudice, zvhether of tradition or custom, which might tend to warp his judgment, and has, therefore, often found himself obliged to treat as debatable, assumptions tvhich inveterate association has rightly made shamefiil to doubt, but which, un- disturbed, would make the discovery of truth impossible. The importance of the subject, the happiness of many people, the elicitation of truth, he conceives are sufficient to justify him in this course of an inquiry which he zvould have been content to VI THE MARRIAGE OF NEAR KIN leave to the aniniwn se7ise of tJie present age, in 'iviiicli theories are ?to longer adored because our fathers have believed in them, had not all-prying science lit upon the question, and after her fashion made men doubt truth to be a liar, in order that they might doubt those things also i^'hicli are not truths. During the time that has elapsed since the first publication of this ivork, something has been added to the immediate liter- ature of consanguineous marriage and the advance in those branches of biology and anthropology most closely connected with it has been great. While therefore the general plan and most of the matter of the previous edition remain inichanged, a consid- erable portion of the ivork has beeti reivritten, and tJie whole generally bj-ought up to date. The author, however, has had no occasion to modify the conclusions at zvhich lie originally arrived; indeed, the tendency of subsequent observation and observers has been rather to strengthen and confirm those conclusions than to zueaken them in any z\.'ay. CONTENTS. INTRODUCTION. The importance of the m.ivriage laws — They should be secure and easy- Fallacy of 'free-love' — The prohibitions on marriage —Alleged evi results of consanguineous marriage — Importance of distinct premises- Plan of this work CHAPTER I. THE ORIGIN AND DEVELOPMENT OF MARRI.\(;E LAW A result of social needs— There are no natural degrees— Deductions from the habits of animals — Deductions from fact and fiction— Growth of marriage restrictions — Hetairism — Capture of women the origin of pro- hibited degrees — Objections — Opinions of savages — Opinions of early and mcdisval writers— Transition from the matriarchal stage to rela- tionship through males — Scheme of the development of marriage law — Endogamy . CHAPTER II. THE RESTRICTIONS UPON MARRIAGE IN HISTORY, AND IN .SAVAGE COMMUNITIES. :ient Egyptians— Ancient Greeks— Jews— Latins- Bctp/Sopoi—I'hitnicians — Ancient Europe— Aral>s — Druses — Circassians — Persians - Parsces — Mingrelese — Afghans — Beloochees -Hindoos — Hill tribes of India — Singhalese — Burmese — Siamese —Chinese — Japanese — Cambodians— Annamese — Chinese Turkestan — Mongols— Mantchu Tartars— Tunguz — Jakuts— Ostyaks — Samoyeds — Kalmucks — Kirghiz — Nogais — Lapps — Malays— Benkulen, Palembang, Lampong — Kalang— Bali— Sumatra — Dyaks — Celebes — Caroline Islands — Ladrone Islands — Marshall THE MARRIAGli OF NEAR KIN Islands — Tahiti — Marl Marriage should not be taxed as it now is, the contract should be clear and easily proved, and no impediment should be thrown in the way of a marriage which is not likely to produce unhealthy offspring, other than the natural and only harmless impediment, want of means ; since every impediment directly tends to produce immorality, and immorality is directly and fatally injurious to the community. The first condition is easily secured, because it only requires a little mechanical arrangement ; but how are we to know whether a given couple should be allowed to marry or not? When either party is in.sane we do not allow it, because we know that the chances are the progeny would also be insane. If a parent of either had become insane after marriage then we should not prohibit it, because, though there would be a good chance that insanity was hereditary in the family, yet there would also be a good chance that the children might escape any hereditary taint, and the risk of IMPEDIMENTS TO MARRIAGE 3 prohibition would tliercfore be too great : we could not, for the sake of possible good, drive to a positive evil. Yet wc pro- hibit marriage between near kin in certain degrees of blood relationship and affinity. How did we come to prohibit any of these marriages, and how have we come to draw the line as it stands at present ? The sole reason why we now prohibit these marriages is that our fathers did so, and their fathers did so before them. Yet our fathers permitted marriage between cretins, lepers, and between many other persons, in cases where we should now prohibit it. Why, then, should they have prohibited marriage between near kin? Did they observe that the progeny were diseased in any way, as we observe that the children of the insane are insane? This they certainly did not ; for we ourselves cannot show it to be the case, even with the aid of what statistics we have got ; nor do they give that as a reason in their writings. All we have known hitherto is that these prohibitions have constantly been questioned, that they have been made more severe by lawgivers, and less severe, again, by powerful individuals, or by the steady weight of public opinion. But public opinion means public practice ; and public practice, when it is against the law, tends to bring the law generally into contempt. When the popes prohibited marriage within very wide degrees, the people only made use of these prohibitions either to live immorally or to get rid of their wives or husbands, as the case might be. Nothing is more evident than that it is useless to prohibit marriage beyond certain degrees. Marriages may be pre- vented in some measure, but immorality, the consequence, cannot be ; the remedy is worse than the evil. It is true that marriages between near kin have been accused in modern times of producing all those diseases of the nervous system and malformations which we in our ignorance cannot as yet satisfactorily account for. But they are not prohibited in wider degrees, simply because none of these assertions can be proved. We should, in our ignorant endeavours to prevent idiocy and deaf-mutism, madness and malformations, greatly increase immorality and contempt of the law, and certainly 4 THE MARRIAGE OE NEAR KIN increase those very diseases, because immorality does pro- duce them indirectly, as we shall see. At the same time we should be trying nothing but a gigantic experiment ; and even if we succeeded in stopping these marriages we should rot get rid of the diseases ; because, even supposing for the moment that these marriages are a cause at all, no one supposes them to produce more than a fraction of the insane or malformed. Since the question of the alleged harmfulness of marriages between near kin is the object of this work, it will be useless to argue it any further at this point. It is essential, however, in a question of this kind, as indeed in any, that the premises should be perfectly clear, or the argument will be worthless ; and this question has had its full share of indistinct statement and irrelevant answer. ♦ The consequence is that there is a widely spread uncomfortable feeling that consanguineous ^ marriages are to be avoided if possible ; but if Angelina \ insists on having Edwin, and Edwin is fortunate enough to ) make Angelina persist in her intention, why, let them marry \ and may they be happy 1 We will therefore put the following questions before our- selves : — I. Whether consanguineous marriages are themselves, by the mere fact of consanguinity, and irrespective of any in- heritance, injurious to the offspring. Whether, in a marriage between two relatives who are both perfectly healthy, live under healthy conditions, and whose families are perfectly healthy, the children born will probably be unhealthy? II. Whether consanguineous marriages give a greater proportion of unhealthy children than non-consanguineous marriages ; or, in other words, whether it is a fact that con- sanguineous marriages, through intensification of a previously dormant hereditary family taint, give a greater proportion of unhealthy children ? The first is a question of creation ; the second a question of inheritance. Hence we may safely apply experiment on the organic world to the former, and the result, when no harm is done, will be favourable to the harmlcssncss of these mar- METHODS OF IXVKSTICATIOX 5 riagcs ; but if there arc aii)' evil results \vc cannot say they were created by the consanguinity, since we cannot know but what inheritance has come into play. Hence, for the first question, the only method of investigation is a negative one. For the second question the only method is a statistical in- quiry, so contrived as to include the whole population of a large country ; that is, so contrived as to overpower, as far as possible, disturbing causes. This last method is so obvious that we cannot but feel surprised that it has never yet been tried. These marriages have been accused of causing sterility, malformations, the dis- eases of the mind and of the senses, of rickets, albinoism, phthisis, and cretinism, and even of the production of hydatis ! ' Surely this was enough to attract the attention of the most callous Government — surely such a' question as this would enter into the census ! The fact is that the common sense of the world rejected these theories. People had married cousins for generations time out of memory. They had rebelled when these marriages were forbidden, and onh' acquiesced in the law on them by the whole weight of a powerful priestocracy, condition that it should exist but as a tax. In these days, ' however, this inheritance of the Middle Ages has been re- vived, a spectre clothed in the garb of modern philosophy. It is a matter for surprise, therefore, that this question should not have entered into the census, despite the carelessness of the general public ; but our surprise is changed to absolute amazement when we find that in 1871 this method when pro- posed was rejected by Parliament. Well may Mr. Darwin say, in the conclusion of his ' Descent of Man ' : ' When the principles of breeding and of inheritance are better under- stood, we shall not hear ignorant members of our legislature rejecting with scorn a plan for ascertaining by an easy method whether or not consanguineous marriages are injurious to man.' ese marriages '\ when forced J ocracy, under \ ' This last extraordinary statement was made by M. Aubc in lS57, and there- fore ninety years after the researches of Pallas, seventy-five years after their confirmation by Goere, and thirty-six after Bremser ! It is nevertheless gravely quoted by MM. Devay [Du Danger des Mar. Cons., p. 52) and Chipault {Etude stir Us Mar. Cons. p. 103) without a word of comment. 6 THE MARRIAGE OK NEAR KIN We have no means, therefore, of ascertaining whether con- sanguineous marriages are so injurious that they ought to be prohibited, and yet it has been most positively asserted that they are. What are the grounds, what the proofs, that these authors have for their statements ? Certainly none that can be relied upon ; and yet they have contrived to excite a sort of sensation as fatal to our ease as the nurse's bogey stories are to a child. They argue deductively that, because some prohibitions are found throughout the world, from the earliest to the pre- sent times, these marriages must therefore be harmful ; and that, because there are two sexes, therefore crosses must be necessary. They argue inductively that, because in a certain number of cases they have selected of consanguineous mar- riage, the results as regards the progeny have been unfortunate, therefore a far greater proportion of children born from con- sanguineous marriages are afflicted with disease than those born from non-consanguineous marriages ; and that because they find that a certain number of deaf-mutes, idiots, cretins, or what not, are derived from consanguineous marriages, therefore these diseases were caused by the consanguinitj-, and by nothing else. I will attempt an answer to these allegations in the follow- ing order.* I hope to show that the reason many nations have prohibited these marriages is not because they have observed any evil result. I hope to show that many communities have lived without crosses, and without any excess of disease ; that the statistical evidence we possess as yet is worse than worth- less ; that, as far as experiment in the animal kingdom goes, the evidence tends to confirm the harmlessness of these mar- riages ; that crosses are seldom beneficial, and often harmful; and to show that there may be other reasons for the existence of two sexes besides any supposititious benefit from crosses. CHAPTER I. THE ORIGIN AND DEVELOPMENT OF MARRIAGE LAW. AT the outset of any inquiry as to the physiological effect on the progeny of marriages between persons of the same blood, we are met by the argument that unions between the sexes have been, and are, restricted in the nearer degrees of relationship, not only among all civilised peoples, but among all communities of human beings, even among the lowest and most degraded of savages. And if so spon- taneous and universal a law exists, the inference is only fair that such restrictions are necessary to the well-being of the human race, that it is made necessary by physiological punishment of its neglect, and that it is developed by the survival of the fittest. I do not deny that this argument would be entitled to the fullest weight were either the major or the minor premise true ; but the restriction of unions between the nearest of kin has never been universal ; while the development of such prohibitions as exist can be traced to the play of ordi- nary human passions and social needs, with which forethought for the offspring or experience of any evil effects has never had anything whatever to do. This question is really a part of a much larger question : the development of morality ; and I need hardly remind the reader that all moral laws have been assumed until compara- tively modern times — indeed, until anthropology began to be studied as a science — to be implanted directly by the Deity in the uncorrupted human breast. But the Creator of man-