Government
Tribal Organization and Government.—The tribe of Indians called Assiniboin is separated into the following distinct bands, viz., Wah-to´-pah-han-da´-tok, or “Those who propel boats,” by the whites Gens du Gauche, from the circumstance of the old Gauche (chief) spoken of before who for a half century governed this band. It now numbers 100 lodges. The second band, Wah-ze-ab-we-chas-ta, or Gens du Nord, thus named because they came from that direction in 1839 as already represented, though their original appellation was Gens du Lac. These count 60 lodges. Third band, Wah-to-pan-ah, or Canoe Indians, Gens des Canots, who may be recorded at 220 lodges that trade on the Missouri, and 30 lodges more who deal with American and British traders near the mouth of Pembina and Red Rivers, occasionally visiting the Missouri. Fourth band, We-che-ap-pe-nah, or Gens des Filles, literally the “Girls Band”; these can be put down at 60 lodges. Fifth, E-an-to-ah or Gens des Roches, literally “Stone Indians,” comprising 50 lodges. The original name for the whole nation given them by the Chippewa (As-see-ni-pai-tuck) has the same[9] signification. Within the last 10 years another division has again arisen, called Hoo-tai-sha-pah or “Lower End Red,” alias “Red Root.” These are a branch, from the Gens des Canots and odds and ends of other bands and consist of 30 lodges.
| Indian name | French name | Lodges | Chiefs of bands | Head chief |
|---|---|---|---|---|
| Wah-to-pah-han-da-toh | Gens du Gauche | 100 | La Main que tremble | L’ours Fou or Crazy Bear. |
| Wah-ze-ab-we-chas-tah | Gens du Nord | 60 | Le Robe de vent | |
| Wah-to-pan-ah | Gens des Canot | 220 | Le Serpent | |
| We-che-ap-pe-nah | Gens des Filles | 60 | Les Yeux Gris | |
| E-an-to-ah | Gens des Roches | 50 | Premier qui volle | |
| Hoo-tai-sha-pah | Le Bas Rouge | 30 | Le Garçon bleu | |
| 520 |
Average, four and one half persons per lodge. Total, 2,340 souls.
These 520 lodges form the nation, with the exception of those residing in the north, whom they never visit. The bands named are distinct and usually encamped in different sections of country, though they mingle for a short time when circumstances require it, such as scarcity of buffalo in some part of their lands or on an approach of a numerous enemy. When these causes for combination cease they separate and occupy their customary grounds severally, within three or four days’ travel of each other. The chief of the whole nation is Crazy Bear, made so by the commissioner of the United States at the Laramie treaty in 1851, not having as yet, however, that popular rule which will follow in due time if the treaty stipulations on both sides are complied with.
Chiefs.—In each and all the bands mentioned there are several men bearing the character, rank, and name of chiefs. But he only is considered as chief of the band who heads and leads it. Yet this power does not give him a right to tyrannize over any of the other chiefs, or dictate to them any course they would not willingly follow; neither does it detract from their dignity and standing to acknowledge him as the head. Some one must be the nominal leader, and as this place involves some trouble and action and is not repaid with any extra honors or gifts it is not in general much envied. Moreover, this leader is mostly, if not always, supported by numerous connections who second his views and hence his authority. In fact, these bands are nothing more than large families, the chiefs resembling the old patriarchs, being intermarried and connected in such a way as to preclude the probability of clashing of interests or separation. These are the elements of the bands. The chief is little more than the nominal father of all and addresses them as his children in a body.
Now, although some of these children may be as brave as he, and have accomplished greater feats in war and the chase, yet they do not feel disposed to dispute his acknowledged authority, neither would such insubordinate conduct be submitted to by the mass of the people, without some great mismanagement on the part of the chief, rendering such a course necessary and inevitable.
The process of arriving at the chieftaincy—an instance of which was exemplified in the formation of the Red Root Band and of which we were an eyewitness—has always been the same and is as follows: Some ambitious brave young man with extensive relations separate from another band with 8 or 10 lodges of his connections and rove and hunt in a portion of the country by themselves, acknowledging this man as their head on account of his known bravery and successful management of large war expeditions. From time to time additions are made to this band from other bands of persons with their families who from different causes of dissatisfaction choose to leave their leaders and submit to the government of the new chief. This chief, wishing to rise, does all in his power to benefit his small band by protecting them, choosing good hunting grounds, giving to them all horses and other property taken by him from his enemies, and, if necessary, fearlessly risking his life to strike or kill one of his own people to preserve order or their sense of justice. In the course of some years around this nucleus is assembled a body which assumes the form and name of a band and the leader, rising in power and support, increases in respect, and the standing and name of chief rewards his perseverance. It will be thus seen that the title and position of chief is neither hereditary nor elective, but being assumed by the right and upon the principles above explained, is voluntarily granted him by his followers.
And this is the correct representation of the origin of Assiniboin chieftainship and different bands being the same in all the roving tribes of which we attempt to treat in these pages. This high officer does not, however, at all times wear his honors securely. It is a known impossibility for any man in high station to please everybody, and although surrounded by numerous and strong friends yet he must have some enemies, and it does happen, though rarely, that he is assassinated. But this is more the consequence of some personal quarrel than ambitious designs, for although by assassination the chief is destroyed yet it does not follow that the assassin would take his place. Generally the reverse is the case and he is obliged to fly or the relatives of the deceased chief would kill him. In the event of the decease of a leader or chief, most likely some one of his relatives would succeed him, but whether brother, cousin, or uncle would not matter. The successor must absolutely possess the requisite governing powers, viz., known and acknowledged bravery and wisdom, moderation, and justice. If the relative be thus constituted, he would become the chief, not because he is a relative, or that he is the only brave man in camp—there are many such—but simply by being such and having a stronger family connection than any other he would consequently be acknowledged by the greater part of the band. Should there be two candidates for the chieftainship equally capable and related, the question would be decided the first day the camp moved.
Each would follow the leader he liked best, and the smaller portion would soon revert to the larger, or if they were equally divided and both parties intractable, a new band would be formed subject to increase under their new leader or to dissolve and mix up with other bands. Viewing things in this light, it is easily comprehended how some personal defect, such as loss of sight or constitutional debility, would depose a chief, but that these unfortunate circumstances should render him a laughingstock and butt for others who before feared and respected him is a trait in their character not to be admired. We have said enough to give a general idea of the origin, progress, and tenure of chieftainship. It is only elective so far as general consent has accorded his right to rule, and is only hereditary, or appears so, because the relatives of the chief are mostly the most numerous, and from their ranks arises a successor. Though we have witnessed the chieftainship pass into other hands when the claims of two powerful families were equal and the abilities or popularity of one of the candidates defective in some principal part.
Women are never acknowledged as chiefs, or have anything to say in councils. We know of but one anomalous instance of the kind on the whole upper Missouri which, being very remarkable, merits notice. She is a Blackfoot by birth, but having been taken prisoner when young by the Crows, was raised by and has since resided with that nation, being identified with them.
We have known this woman for 10 years, and during that time have seen her head large war parties of men against the Blackfeet, bringing away great numbers of horses, and killing several of the enemy with her own hand. She is likewise a good huntress, both on foot with the gun and on horseback with the bow and arrow, ranks as a warrior and brave and is entitled to a seat in councils of the Crow Nation. She ranked as fifth from the Crow chief in a council held by the writer with the Crows and the Cree at Fort Union on the occasion of making a peace between these two nations. She keeps up all the style of a man and chief, has her guns, bows, lances, war horses, and even two or three young women as wives, but in reality servants. In appearance she is tolerably good-looking, has been handsome, is now about 40 years of age, and still goes to war. Her name is “Woman Chief,” and although dressed as a woman the devices on her robe represent some of her brave acts. She is fearless in everything, has often attacked and killed full-grown grizzly bears alone, and on one occasion rode after a war party of Blackfeet, killed and scalped one alone (within sight of our fort on the Yellowstone), and returned unharmed amid a shower of bullets and arrows. This extraordinary woman is well known to all whites and Indians. She resided at Fort Union last winter, and appears in private disposition to be modest and sensible; but she is an only instance in all the roving tribes of the Missouri. Her success induced an imitation a few years since by an Assiniboin woman, but she was killed by the enemy on her first war excursion, since which no rivals have sprung up.
Having disposed of the chieftainship for the time and separated the nation into bands, we will now proceed to describe other divisions which we shall call clans. These are clubs or societies formed by the young men of different bands or of the same band. There are not many among the Assiniboin, they being a small nation, but are numerous among the Sioux and the Blackfeet, bearing the names of Foxes, Foolish Dogs, Strong Hearts, Bulls, Pheasants, etc. Among the Assiniboin are first the braves, Na-pa´-shee-nee, Ceux qui sauvent, who are a picked body of young men, said to be bound by the most solemn promises and oath never to run from an enemy or leave one of their clan in danger. They are chosen from all the bands on account of some previous brave act, and are only known as a body at feasts of their own and on war expeditions. They wear no badges but dance completely naked in public and have different songs, different from those of other dances. The Bulls, Tah-tun-gah, are another of the same kind of clans in the band, Gens des Canots. Their badge is a bull’s head and horns painted on their drums, shields, and robes, also in the Bull Dance they imitate the motions of that animal, his bellowing, and shoot at each other’s feet with powder. When dancing they wear the head and horns of a bull, skinned to the neck, the bones taken out, and the skin dried. Into this the head of the man is thrust, giving him the appearance of half man and half animal.
The Sndoo-kah, “Circumcised.”—This is a large clan of the band, Gens des Canots, consisting of at least 100 persons, young and old. They have not actually had circumcision performed, but these are called so, and belong to that class who are naturally minus the prepuce. These assemble once or twice a year and their ceremonies are kept somewhat secret. They are, however, obliged to display the part alluded to, to prevent imposition. When wishing to be known in that capacity on private occasions they paint the tip of their nose red. The end of a feather painted red or the pod of the plant sketched as the comb root stuck in their hair is equally significant.
The Fox and Wolf clans are small and only appear to differ in the manner of their dances and songs. There does not seem to be much importance attached to these clans, neither do they appear to be of much use, and most likely are got up for the purpose of display, dancing, and other ceremonies, but as soon as these are over mix up with the bands they belong to, and are very little talked of. There are no minor subdivisions except into families. These remarks answer nearly all search for origins of bands in badges and names of bands. Now, as far as the roving tribes are concerned, this is error. The names of the Assiniboin bands we have mentioned and those of the Sioux now follow, some of which consist of two, three, and four hundred lodges, and none of them have the least reference to Bear, Wolf, Eagle, Fox, or Father, Grandfather, Uncle, etc., or anything of the kind.
The names of the different bands of the Missouri and the Platte Sioux are Lower Yanctons, Sechong-hoo (Burnt Thighs), Oglala, Sawone,[10] Minneconzshu, Etasepecho (Sans Arcs), Honcpapa, Seah-sappah (Blackfeet Band), Wohainoompa (Two Kettle Band), Mide-wahconto, Esantees, Teezaptah, Zahbaxah (Tête Coupées), Waze-cootai (Tireur dans les Pines).
As before remarked, not one of these names bears the most distant resemblance to any living animal, bird, and so forth, neither have any of them any general badge representing these things as symbolical of their band.[11] The clans before referred to are of no importance in their government and with the Sioux and with the Assiniboin are only recognized as separate bodies during their dances and other ceremonies.
Is each band entitled to one or more chiefs? There is, as observed before, but one nominal chief to each band, and it is he who leads it. Yet this position does not destroy nor militate against the will of several others in the same band whose voices are as much entitled to a hearing and sometimes more so than his. No man’s rule over them is absolute; their government is pure democracy. Their consent to be governed or led by any man is voluntarily given and likewise withdrawn at the discretion of the person. But their existence as a people depends on forming themselves into bodies capable of defense. These bodies must have leaders and these leaders must be brave, respected, followed, and supported. In case of a treaty either with whites or with Indians of other nations, the leading chief’s voice would have no additional weight because he is in that position. He would be allowed to state his opinions with others of the same standing as men in the same band, but nothing more. As a good deal that is to follow will depend upon receiving a correct idea of these chiefs or leaders we do not like to leave any portion of these matters obscure or unanswered. There are no bands more honorable than others; some are more powerful, more rascally, or more tractable, but no aristocratic or honorable distinctions exist.
Soldiers.—Having mentioned and explained the divisions of bands and clans with the chiefs thereof, the next important body in their government is the ah-kitch-e-tah,[12] or soldiers or guard. These soldiers are picked from the band on account of their proved bravery and disposition to see things well conducted. They are men of family from 25 to 45 years old, steady, resolute, and respectable, and in them is vested the whole active power of governing the camp or rather of carrying out the decrees and decisions of councils. In a camp of 200 lodges they would number 50 to 60 men, and in a camp of 60 lodges 10 to 15 men. The soldiers’ lodge is pitched in the center of the camp and occupied by some of them all the time, although the whole body are only called when the chief wishes a public meeting or when their hunting regulations are to be decided upon. This is their statehouse; all business relative to the camp and other nations is transacted there, and all strangers or visitors, white or red, are lodged therein.
Neither women, children, nor even young men are allowed to enter in business hours and seldom are seen there at any time. All tongues of animals killed in hunting belong to this lodge if they wish them, and the choicest parts of meat are furnished them by the young hunters all the time. A tax is also laid on the camp for the tobacco smoked here, which is no small quantity, and the women are each obliged to furnish some wood and water daily.
What are the general powers of chiefs in council? To explain this, it will be necessary to describe a council as witnessed by me a few years since. The camp when I was a visitor consisted of about 110 lodges and in the neighborhood, say, 10 or 15 miles off were two other camps, respectively 50 and 60 lodges, all being of the band Gens des Canots. The council was held in the soldiers’ lodge, where, being a stranger, I had a right to be, though having nothing to say regarding the question. This question was, Will we make peace with the Crow Nation? A few days previous the leading chief had received an intimation through me that overtures for a peace were made to them by the Crow Nation, and that the Crow tobacco sent for that purpose was in my possession at any time the council assembled; also that a deputation of Crow Indians was at the Fort, who had commissioned me to bear the tobacco with their request and to await a reply prior to their visiting the camp in person.
To decide this runners were sent immediately to the two camps mentioned with a message from the chief requesting the attendance of all chiefs, counsellors, soldiers, and warriors who felt an interest in the affair in question, who in due time arrived and took up their residence in the different lodges around about until the hour for business arrived. When it was ascertained that all or a sufficient number had come the haranguer or public crier of the camp made the circle of the village, speaking at the extent of his voice the object of the meeting and inviting all soldiers, chiefs, and braves or warriors to attend and hear what their chief would bring before them for their consideration. This was repeated over and over again in different parts of the camp, and shortly afterwards they began to assemble in the soldiers’ lodge. Three skin lodges had been formed into one, making an area 24 feet in diameter, which could with ease accommodate 60 to 80 persons. On this occasion about 46 people presented themselves and when the whole had entered the interior exhibited the form shown in Figure 31.
Figure 31.—Diagram of a council lodge, representing the interior of a council lodge in which Mr. Denig met the Assiniboin leaders to discuss peace overtures made by the Crow Indians to the Assiniboin at the instigation of Mr. Denig. At a point directly opposite the doorway Mr. Denig is seated with the proffered tobacco of the Crow Indians lying in front of him, denoted by 3 parallel marks; at Mr. Denig’s right sits the leading Assiniboin chief; to his right sit 6 other chiefs and councillors; next are seated 18 so-called “soldiers,” i.e., official guards of the camp; the next 15 figures are 15 principal young warriors. The small square figure with a central dot is a small fire; and the small circlet beside the fire is a flagstaff running up through the lodge top, flying a United States flag. The calumet pipe lies in front of the leading chief.
It was nearly sunset when they had assembled and no feast had been prepared in this lodge, though after the council was over they were feasted elsewhere. We have here the represented authority of 220 lodges, for the chiefs are largely connected, having from 10 to 20 or more lodges of their immediate relatives each. The soldiers are the most respectable heads of families in camp, and the warriors are the sons and relations of these and others of the camp. If this body decides on carrying a point who are to object? Those about are also related to those present and these being the principal leave only young rabble, very old men, women, and children not represented, all of whom combined could do nothing against the decision of this body. We will now proceed with the ceremony. For nearly a half hour the pipe was passed around in silence, it being filled with their own tobacco and handed from mouth to mouth, making its circuit on the right-hand, after which it was laid down by the leading chief and he opened the meeting by thus stating its object, the words of whom and others were taken down by us at the time and preserved. It will be necessary to state here that the Crow Indians had massacred about 30 lodges of this same band two years previous on the banks of the Yellowstone, yet had succeeded in making a peace with some of the upper bands of Assiniboin who had not suffered by them.
The leading chief spoke thus from where he sat:
“My children, I am a mild man. For upward of 20 years I have herded you together like a band of horses. If it had not been for me, you would long ago have been scattered like wolves over the prairies. Good men and wise men are scarce; and, being so, they should be listened to, loved, and obeyed. My tongue has been worn thin and my teeth loosened in giving you advice and instruction. I am aware I speak to men as wise as myself, many braver, but none older or of more experience. I have called you together to state that our enemies (the Crows) have sent tobacco, through the medium of the whites at the big fort, to me and my children, to see if they could smoke it with pleasure, or if it tasted badly. For my part I am willing to smoke. We are but a handful of men surrounded by large and powerful nations, all our enemies. Let us therefore by making a peace reduce this number of foes and increase our number of friends. I am aware that many here have lost relatives by these people, so have we by the Gros Ventres, and yet we have peace with them. If it be to our interest to make peace all old enmities must be laid aside and forgotten. I am getting old, and have not many more winters to see, and am tired seeing my children gradually decrease by incessant war. We are poor in horses—from the herds the Crows own we will replenish. They will pay high and give many horses for peace. The Crows are good warriors, and the whites say good people and will keep their word. Whatever is decided upon let it be manly. We are men; others can speak. I listen—I have said.”
This speech was received by a slight response by some of Hoo-o-o-o and by the majority in silence. After a few minutes’ interval he was replied to by another chief, the third or fourth from where he sat. This was a savage, warlike, one-eyed Indian, and his speech was characteristic. He said: “He differed from all the old chief had said regarding their enemies. Individually as a man and as their leader he liked his father, the chief, but he must be growing old and childish to advise them to take to smoke the tobacco of their enemies, the Crows. Tell the whites to take it back to them. It stinks, and if smoked would taste of the blood of our nearest relations. He thought (he said) his old father (the chief) should make a journey to the banks of the Yellowstone, and speak to the grinning skulls of 30 lodges of his children, and hear their answer. Would they laugh? Would they dance? Would they beg for Crow tobacco or cry for Crow horses? If horses were wanted in camp, let the young men go to war and steal and take them as he had done—as he intended to do as long as a Crow Indian had a horse. What if in the attempt they left their bones to bleach on the prairie? It would be but dying like men! For his part it always pleased him to see a young man’s skull; the teeth were sound and beautiful, appearing to smile and say, ‘I have died when I should and not waited at home until my teeth were worn to the gums by eating dried meat.’ The young men (he said) will make war—must have war—and, as far as his influence went, should have war. I have spoken.”
This speech was received with a loud and prolonged grunt of approbation by more than two-thirds of the assembly.
Other speeches followed on both sides of the question, some long, some short, until the council became somewhat heated and turbulent; not, however, interrupting one another, but mixing a good deal of private invective and satire with the question in their speeches. At a point of violent debate and personal abuse, two soldiers advanced to the middle of the lodge and laid two swords crosswise on the ground, which signal immediately restored order and quiet. The debate was carried on with spirit for about two hours but it was easily to be perceived long before it terminated, by their responses and gestures, that the war faction greatly predominated. The chief, after asking if all had spoken and receiving an affirmative answer, remarked they could go and eat the feast that had been prepared for them. The warriors gave a loud yell and when out commenced singing their war song. We asked the old chief what was the decision. He said, “It is plain enough; listen to that war cry.” He then desired me to send the Crow tobacco back without delay and tell them to leave the fort immediately and go home. A few days after a large war party started to the Crow village. The morning after the council’s decision was made known by the haranguer or public crier, at the break of day, walking through the village and crying it out at the top of his voice. From the foregoing it will be seen that the chief only expressed his opinion as the others, yet the large majority or rather the feeling evinced for war by the leaders of the war parties, warriors, heads of families, soldiers, and all who could make war, left none to contend with.
Had the same general exhibition for peace prevailed, the same powers could make it, or rather force would be unnecessary when a unanimity of such a body prevailed. Had the parties or feeling been equally manifest the question would have been laid aside for another time, perhaps years, and each went to war or remained at home as he pleased.
Most councils have this feature and termination, that is, if the measure is not at once visibly popular, it is abandoned. This precludes the necessity of vote and none is taken. Besides, except for camp regulations, hunting, etc., they are not obliged to decide. Time is not valuable to them. There is no constituent power in the rest of the band, whose voices are not asked, nor required, to force a decision, nor actual power to operate against any measures, that may be decided upon by their parents, and soldiers of the camp. Wherever force is necessary, however, to carry out these decisions, as in hunting regulations, the soldiers are pledged to act in a body to effect it, even at the risk of their lives. But should the decision be for a peace and afterwards a war party be raised to go against the nation with which peace has been made, the soldiers would not use force to prevent it. They have too much good sense to strike or kill any of their own people to benefit their enemies, and in this case the peace party being the most numerous, and consequently the richer, would pay the partisan, or leader of the party, to remain at home and a collection of horses, guns, and other property made among them for that purpose, which being handed the partisan and by him divided among his warriors, stops the expedition.
This is done often among them, particularly at this time when “peaces” have become tolerably general through the Laramie treaty. There are cases, however, where force is necessary, and the soldiers are brought to act, which we will shortly mention. To present any idea of their government so that it can be understood, we must first proceed to describe the component parts of a large camp, after which it will be easy to perceive their principles of government. The regulations kept up in the following description is only in large camps: Smaller ones, from 10 to 20 lodges, hunt, every man when he pleases, and, as there are but few persons to feed, they can always have meat in this way; but where the camp is composed of from 50 to 100 or 200 lodges this is not the case, as will presently appear.
| 1. | The leading chief. |
| 2. | The other chiefs. |
| 3. | Chief of the soldiers. |
| 4. | Cook of the soldiers’ lodge. |
| 5. | The soldiers. |
| 6. | The elderly men. |
| 7. | The haranguer. |
| 8. | The master of the Park. |
| 9. | Warriors and hunters. |
| 10. | Partisans.[13] |
| 11. | Doctors and conjurors. |
| 12. | Very old men. |
| 13. | Young women. |
| 14. | Old women. |
| 15. | Middle-aged women. |
| 16. | Boys and girls. |
| 17. | Very small children. |
The ordinary occupations of these several divisions of the camp will now be taken up in order.
1. The leading Chief, Hoon-gah, being the head, is expected to devote his time to studying the welfare of his people. It is for him to determine where the camp shall be placed and when it should move; if war parties are advisable, and with whom, how many, and at what time; where soldiers’ camps and the soldiers’ lodge should be established; when traders are wanted in camp, or when they shall go to the fort to trade; to call councils on these and all other affairs of general interest.
2. The other Chiefs, Hoo-gap-pe. These are sometimes counselled privately in their lodges by their leader and their advice followed if correct and according to his views. They sit in council when called, and rank equally with the leader as men, warriors, counsellors, etc., except they do not publicly attempt to lead or act without his knowledge and consent.
3. Chief of the soldiers, Ah-kitche-tah Hoon-gah. This is the head man in the soldiers’ lodge; sees to their property therein, whether there is wood, water, tobacco, and meat enough; opens councils; sometimes sends invitations for the others to assemble when the Chief requests, and on small occasions of his own accord; makes feasts; lights the pipe in large assemblies, and is the nominal head of this active body; is a highly respected and useful officer in camp. He has much influence with the young warriors and is selected from among the bravest of them.
4. Cook of the soldiers’ lodge. First, Wo-ha-nah; second, Wah-yu-tena. This functionary is also a soldier and a highly respectable officer, ranking next to the Chief of the soldiers.
Eating being one of the Indian’s most important occupations, the care of the meat, choice of the parts, and separation of the whole depending upon him, the station becomes at once of consequence and requires a determined man. On feasting, which in that lodge is going on every night, if not every day, he dishes out the meat into wooden bowls and gives to each the parts he chooses. Of a dog, the head, paws, and grease—bouillon—are the most honorable parts. There is great etiquette shown in this respect, and it is too long a story to record when there is so much yet to be written.
5. The soldiers, Ah-kitche-tah. These are the bravest and most orderly men of from 25 to 35 years of age. They have been and are still warriors and leaders of parties to war, are chosen expressly to carry out the decrees of the council, even at the risk of their lives, to punish people for raising the buffalo, setting the prairie on fire, govern the camp, protect whites and strangers of other nations in camp, entertain and feast the same, arrange preliminaries of peace, trade, and generally to aid their chief in carrying out his views and decisions of council.
6. Elderly men, We-chap-pe. These may be called the body of the camp, being men of family, about 40 years old, have been warriors and soldiers when younger, but have abandoned these occupations, devote their time to hunting, are still good hunters, try to amass horses and other property by making robes, endeavor to get their daughters married well, send their sons to hunt or to war.
They are respectable, quiet, peaceable men, among their own people, content to follow their leader and obey the council, rank as councillors when they wish, are always invited though but few attend except on interesting occasions.
7. The Public Crier. First name, Ponkewichakeah; second, Hoon-kee-yah. This is some elderly or middle-aged man who has a strong voice and a talent for haranguing. He answers the purpose of the daily newspaper of the whites. A little before daybreak he walks around and through the camp different times every morning, calling upon the young men to get up and look after their horses and arms, to go on the hills and look for buffaloes, watch if there be any signs of enemies about—to the women to get up to bring wood and water, cook, dress hides, etc. If any news has been received in camp the day before or any councils held, he now states the results. Whenever the camp is to be moved or hunts made, or enemies seen, or councils to be held, this man publishes it in this way. He is in fact their publisher and a useful man, doing more to preserve order and induce unanimity of action than any other, is entitled to eat and smoke in any lodge he happens to enter without invitation, receives many small presents, and is a general favorite for the trouble he gives himself.
8. Master of the Park, Wo-wee-nah. A park or pen to catch buffalo is not at all times made, though almost every winter there is one or two among the Assiniboin. We will have occasion to refer to this original method of hunting in another place; at present it suffices to say that the person who superintends that employment is some old conjuror or medicine man who is said to make the buffalo appear and to bring them toward the pen. He makes sacrifices to the Wind, the Sun, and to Wakoñda, etc., of tobacco, scarlet cloth, and other things; he is a necromancer and is supposed to be possessed of supernatural powers and knowledge; he has from four to six runners under his command whose business it is to discover the buffalo within 20 or 30 miles around, and to report to him.
9. Young men, Ko-ash-kah-pe. These are a numerous body, some warriors, some hunters, some neither. Those who have killed or struck enemies or stolen many horses from their foes are entitled to sit in the council and are always invited, principally to hear and give their assent or dissent in responses, gestures, etc. They, no doubt, would be allowed to speak but they never do, because those who are older speak, and they are generally the fathers and relations of these young men. In this modesty of deportment they are much to be admired. They always conform to the decisions of the soldiers and the chiefs. The partisans or leaders of war parties are chosen sometimes from these young men, when by their acts they have proved a capacity to lead, though mostly it is one of the soldiers who raises and leads the war expedition.
The Partisan is in command during the entire expedition, directs their movements, possesses the power of a military captain among the whites, and receives the honors or bears the disgrace of success or failure, his authority in that capacity ceasing on his return to camp from the war.
10. Doctors, alias conjurors, alias priests, alias soothsayers, alias prophets, Wah-con-we-chasta. These have been alluded to under the head of “General Practice” in their medical capacity. They are not numerous, form no distinct body, and unite the above talents in the same person. They do many tricks well, also foretell events, interpret dreams, utter incantations, medicine speeches and prayers, and cry for the dead, etc. They are believed sincerely by all to possess supernatural powers. The males of this class are sometimes in councils but they have little influence there. Councils are matters of fact and do not admit of their noise and flummery, without which they are ciphers. They are tolerated because somewhat feared, are paid for their services, and by no means rank as very respectable and efficient councillors, warriors, or men.
11. Very old men, We-chah-chape. These are few. Indians are not long-lived. These are countenanced in private feasts and ordinary conversation, principally on account of their talent in reciting fables and creating mirth for the rest. They also sing for the doctors and cry for the dead when paid, are poor, not respected, and manage to rub through the rest of their days the best way they can. They never sit in council when very old, are neglected, and serve for a butt and ridicule for the young. They stay at home, make pipes, smoke, and eat constantly and are ready at all times to offer their services when something is to be gained.
12. Young women, We-kosh-kap-pi, do little work before they are married and have their first child, after which time they commence a laborious life. Before this they go for wood and water, garnish with beads and porcupine quills, and other light work. They gather berries, assist in dances, paint, and show themselves.
13. Middle-aged Women, Wé-yah-pe. These are the wives of the soldiers or middle-aged men, and their time is employed in dressing skins, cooking, drying meat, taking care of their children, making cloth for their family. They are always busy, but can not be said to lead a too laborious or miserable life.
14. Very Old Women, We-noh-chah (Sioux), Wa-kun-kun-ah (Assiniboin). On these fall all drudging and scullionry, some of their occupations being too disgusting to relate. They also pound meat and berries, make pemmican, carry burdens, and are used pretty much as one of their dogs. They are thrown into the fort or left on the prairie to die by their own relatives.
15. Boys and Girls, Och-she-pe wechin chap-pe. The boys hunt rabbits, set traps for foxes, play, but they seldom quarrel; they are great pests and nuisances, both in camp and in the fort; they are spoiled by their parents—forward, officious, tormenting, and impudent. The girls are modest, timid, and exceedingly well behaved.
Very Small Children, Yaque-ske-pe-nah, are carried about on the backs of their mothers, or packed on dogs; they stand severe cold well, do not cry much, and are suckled for two or three years. The children are as well taken care of as they can be in the roving mode of life of their parents, but being subject to exposure in all weather and accidents. About two out of five are raised.
The ahkitchetah regulate the hunt. The buffalo are not hunted by a large camp as each individual chooses, but surrounded by the whole camp at one time, which we will describe in that part of the report which refers to hunting and to game laws. The dogs for these hunts are determined by the chief and soldiers in the soldiers’ lodge, and the people are individually forbidden to hunt or in any manner to raise the buffalo before that time. The reason is that by going in a body and hemming in or surrounding them, some hundreds of the animals are slain in a short time, whereas by one man’s individual hunting the whole herd would be frightened and run away and the camp thereby be always in a starving condition, instead of having abundance of meat as is the case when the laws respecting the surround are enforced. Should any person or persons violate these laws, after the decree of the soldiers’ lodge has been published, they (the soldiers) meet him on his return home, take his meat, kill his dogs, or horses, cut his hides up, cut his lodge to pieces, break his gun and bow, etc. If the individual resists or attempts to revenge any of these things he is shot down on the spot by the soldiers, or struck down by a tomahawk and pounded to death. Occasionally they are also thrashed with bows, in addition to the breaking of the gun, etc. The writer has seen two killed and many severely thrashed for these misdemeanors. The consequences of destroying the hunts are serious to the whole camp, hence the violent penalty and examples are made occasionally which serve to increase the respect and fear of the soldiers as a body, and enables that business to proceed with order.
In all this the soldiers are supported by the whole camp, and it is in them as a body that decisions are invested with a binding force, if force be necessary. We may state that the power is tacitly committed to the chief as a common and general function of the office, to be held as long as he governs with general satisfaction, subject, however, to the advice and consent of the soldiers and other bodies in camp, as has been explained. They are at all times open to popular opinion and are only the exponents of it, and although distinguished deeds were the cause or some of the causes of their exaltation to this high office, and that they have since been and generally are discontinued, when the chief becomes of middle age, yet so long as the capacity and ability of the incumbent exists and coincides with the popular will, he is retained in office. Old age, debility, or other natural defect, and incapacity to act, advise, and command, induces the necessity of change in his position, and though not formally deposed, he voluntarily retires and resigns in favor of some growing and popular soldier and warrior. The disapproval of the mass of the body of soldiers, warriors, etc., as represented in the council of war, would also be an effectual barrier to the existence of his power or functions in every respect and at any and all times. It should be remembered that all the remarks in these pages, although written primarily for the tribe called the Assiniboin, apply equally well to all the roving tribes of the Missouri River from and including the Sioux to the Blackfeet, our limits not admitting separate descriptions for each tribe. Where there is any important difference, however, we will not fail to mention it.
Is the democratic element strongly implanted? Very. The whole is a pure democracy, as has by this been developed. There are also consultations in private lodges previous to meeting in councils, but these do not appear to influence the opinions of any, further than thereby getting a thorough acquaintance of the subject, and preparing their minds for a speech, and not much idea can be formed in this way of the popularity of the question until it meets public discussion in the council. Neither are these private councils held with that view but are merely conversations regarding the importance of the subject and something to talk about, which is always desirable in an Indian camp. They are obstinate in adhering to a formed opinion and not easily moved by oratory or extraneous remarks, are shrewd and pursue the subject with intensity and perseverance until decided or abandoned. They are liable also to be carried away by the excitement of debate and lose sight of the subject in personal abuse and recrimination until called to order by some more cool. There is no vote taken, though the prevailing feeling is manifest and those who do not exhibit any of this feeling are quietly asked their opinion, which they as quietly give. All this has met with sufficient explanation. The leading chief does nothing in advance of public opinion. His business is rather to think of their welfare and interests, bringing those subjects under discussion which appear to him of sufficient importance and which he sees merit consideration by the excitement they occasion in private lodges, or if smaller matters they are left to the decision of the soldiers. In councils held in the soldiers’ lodge for hunting the chief does not always appear. When the camp is placed for the winter he assists in forming the body of soldiers and in giving general instructions which they carry out. Afterwards he seldom goes for these purposes. The business of these soldiers will meet with further notice in these pages and it is worth while considering their powers, as they are the active force of all large camps.
Councils.—Councils are opened in a very sedate and orderly form. The pipe is the principal of all ceremonies, and its motions vary with the occasions. Councils between two nations for a peace, deputations of both being present, are very solemn and take a long time. It is likely these ceremonies are very ancient, being nearly the same among all the roving tribes. The real calumet used on this occasion with its accompaniments presents the form as sketched and explained in [Plate 68]. This instrument is always kept packed up in many envelopes of cloth, skin, etc., the whole making a roll as thick as a man’s thigh, sometimes as large as a piece of common stovepipe, 5 or 6 feet long, is laid in the middle of the soldiers’ lodge on a piece of scarlet cloth in that way before the deputation has arrived, or immediately on its arrival, is not opened, however, until a full council has been assembled. The chief (who owns the pipe) then commences the ceremony of unrolling it, and at the taking off of each envelope says a few words equivalent to “Peace we wish,” “Look over us, Wakoñda,” “This to the Sun,” “This to the Earth,” etc., giving, as it were, some distinction or value to each envelope. After a long time and the untying of many knots, the pipe and stem appear, with a tobacco sack, a bunch of sweet-smelling grass, a probe for the pipe, and a small sack containing a charm or amulet. The pipe is on this occasion filled from the tobacco (or mixture) sack by the chief of the soldiers, though not lit, and in this way handed to his own chief. He (the chief) now stands up, the different deputations of nations sitting opposite each other on either side of the lodge. He first presents the pipe to the East, singing a gentle and harmonious song for about a minute, then presents it South, West, North, to the Sky and lastly to the Earth, repeating the song at each presentation.
BUREAU OF AMERICAN ETHNOLOGY
FORTY-SIXTH ANNUAL REPORT PLATE 68
The Calumet and Its Accompaniments
A, The pipestem of ash wood, garnished about half its length with porcupine quills of various colors; B, a large red-stone pipe; C, C, C, three tails of the war eagle, feathers connected with sinew and beads or shells between. The stem or stalk of the feathers is garnished with colored porcupine quills; D, D, two festoons of beads or shells with a small strip of otter skin on which the beads are tied; E, the head of a mallard duck (male) without the under bill. Sometimes this is the head of a red-headed woodpecker.
In conclusion he turns it slowly three times round, and lays it down, all responding hoo-o-oo as the pipe is placed on the ground. The chief now sits down in his place, and the Chief of the soldiers rises. He lights the pipe with a piece of the sweet-smelling grass—if the strangers are of the Crow nation a piece of dried buffalo dung is used to light it—stands up and presents it precisely to the same points as the chief had done without singing, giving three puffs or whiffs of the pipe to every presentation, finishing in the same way the chief had done, and, receiving a loud prolonged universal hoo-o-oo or grunt of approbation, he then resumes his seat. The chief now rises the second time and having had the pipe relighted, holding the stem in his hand advances and presents it, or rather places it in the mouth of the head man of the strange deputation, allowing him to take a few whiffs, passes to the next and the next, they sitting and he moving round from one to another until all the strangers have been smoked, then he hands the pipe to the chief of the soldiers and sits down. This officer now presents the pipe in the same way to his own chief and going round the other side smokes all his people, and hands the pipe to another soldier, who goes the whole round again, and this is repeated over in silence for at least two hours, when the pipe is laid down by the chief, and speeches or signs begin by which they arrange the preliminaries of a peace. After all is settled the pipe undergoes the ceremony of rolling up, which is fully as long, though not in silence, conversation becoming general and ordinary pipes being introduced. The termination on this occasion is a grand feast in the soldiers’ lodge to the strangers, and invitations to 50 or more other feasts in camp, to all of which they must go, and when all is finished the strangers are accommodated with temporary wives during their short residence.
There is generally order observed in the breaking up of councils, the chief saying “We are done,” when all retire. Occasionally, however, it breaks up turbulently, and they separate in passion, but the subject is reconciled and settled in order the next time. Different councils have different ceremonies. Some open and some close with feasts of dog meat. The pipe is never omitted, though the real calumet is never opened except in dealings with strangers. In all other councils soldiers’ pipes are used. The duties of the public crier we have already mentioned. Questions are well debated, and generally decided on the spot or abandoned as already explained on the principle of large majorities, or rather general approbation, though absolute unanimity is not required. The few who oppose say nothing against the affairs when once decided, and although they do not relinquish their opinions, yet can not or will not go contrary to the wishes of the many. But the voice of the leading chief is in no instance taken as the expression of the will of even a single band, much less a whole tribe.
Scope of Civil Jurisdiction.—A decision by the body of the council is carried into effect by the soldiers, by force if necessary, as in the case of hunting by the surround, removing neighboring lodges of their own people who are so placed as to bar the passage of the buffalo toward the camp. Lodges thus situated are invariably forced to come and join the camp or to remove so far as to be no obstruction to the passage and advance of the buffalo, and to move them against their will is often a serious and always a dangerous undertaking. They do it, however; that is, the soldiers turn out in a body, kill their dogs, and keep doing damage until they leave. The power of taking life is not invested in any body of Indians, neither has the council any right to take cognizance of or legislate on the subject. If a soldier is killed in doing his duty the body of soldiers would immediately fall upon the murderer or on any of his relatives, should he have absconded. Crimes of this kind are privately redressed and revenged by the relatives of the deceased, and as the murderer always flies, it is often years before they can get an opportunity to kill him, yet vengeance only slumbers. All these things will be fully explained under the head of “Crime.” It might, however, be as well to state here that there is no public body among them whose duty it is to punish crime of any kind, nor any authority equivalent to or resembling a court of justice. Consequently, there are no public or stated executions, neither is there any person who exercises the functions of public executioner. All this will be fully explained, as also the restoration of property, in the place where rights of property are considered.
Chiefship.—How are rank and succession in office regulated? The circumstances of the decease of the leading chief and the succession has already been referred to. If not yet sufficiently explicit, we may in addition state that it would be a subject of earnest debate in council, not so much with the view of choosing the successor, as this individual had long before been tacitly acknowledged, being the next most popular leader of the right kind, and of the most numerous connections, but to install that person into office, intimating their desire that he should lead and govern the camp. This might be called election, although no vote is taken, yet if a general feeling in his favor prevails he becomes their leader; if not, those who dissent have the privilege of leaving that band and joining another, or if numerous enough for the general purposes of hunting and defense can form a band of their own and choose a leader from among themselves. In all this we hope to have been sufficiently explicit as not to present any idea of a distinct line of hereditary succession.
A chief would be deposed from his office by being guilty of any conduct that would bring upon him general disgust and dissatisfaction. Though crimes in the abstract could not have this tendency, yet if he murdered a man without cause whose relations were numerous, a skirmish between the two families and immediate separation would be the consequence. If the murdered man was friendless nothing would be done and the rest would fear him the more. The offenses that would most likely lead to his overthrow would be remarkable meanness, parsimony, or incest. A chief must give away all to preserve his popularity and is always the poorest in the band, yet he takes good care to distribute his gifts among his own relatives or the rich, upon whom he can draw at any time should he be in need.
We take the custom of wearing medals to be a modern one, at least they say so, introduced by the whites. The ancient mark of distinction was, and still is, the feathers of the eagle’s tail, wrought into headdresses of various forms, which to this day is the badge denoting the chief and great warrior, and are not allowed the ordinary class to wear. Tattooing also is a mark of dignity.
We have already named the principal chiefs of bands, though there are others, but by no means a numerous body. But few Indians go through war enough to arrive at that position, more especially as the same individual must be possessed of other natural talents and wisdom. The number is not limited but is from 3 to 6 or 8 in bands respectively of 50, 100, and 200 lodges. It makes no difference in their government whether they be few or many; if many, so much the better, as they are wise, brave, and responsible men.
Power of the War Chief.—No chiefs are war chiefs in contradistinction to their being civil chiefs. If it is desirable to go to war and so decided, any chief, soldier, or brave warrior has a right to raise and lead a war party, provided he can get followers. He then comes under the head of partisan or captain of the expedition, his powers in this capacity only lasting during the excursion and terminating on his return to camp and resuming his civil place and duties. The powers of war and civil chief are united in the same, also those of warrior and hunter, soldier and hunter, soldier and partisan, chief and partisan. The leading chief could also and often does guide the whole band to war; in fact in the event of any general turnout, he must be the head. Any man, however, in whom the young men have confidence to follow, may raise and lead a war party, if war is going on and the time suits the chiefs and soldiers in council assembled. But as the chiefs and soldiers are the most experienced in this occupation, and are better acquainted with their enemies’ country, they are generally chosen as leaders in these expeditions. Yet from among the warrior class, occasionally a young partisan arises who is neither chief nor soldier, but whose character for bravery, caution, and all the necessary talents is established. There is no specified age when a young man may rightfully express his opinion. This depends on his success in war, his general good behavior, activity in hunting, etc. When he becomes remarkable for these things he is noticed by the soldiers, invited to feasts, to councils, where being of sufficient consequence his opinion is asked and is given. We have known men not over 22 to 24 years of age being called upon to speak in council, and others to arrive at extreme old age without ever opening their lips there. An Indian soon sees and feels his standing with the others, and acts accordingly; to do otherwise, or force his presence and opinions prematurely, would only incur ridicule, contempt, and disgrace.
Power of the Priests in Council.—The power of priests is conjoined with that of doctors, sorcerers, and prophets, to which is occasionally added that of councillors, as they are sometimes shrewd old men and somewhat feared on account of their supposed supernatural powers; but they do not influence councils in any great degree, seldom attending at all. Whatever influence they have on public questions must be exercised in council, and not as a separate body. They do not constitute a body and only rank as councillors when their former exploits have been of a nature to entitle them to that position, and their age is not too far advanced. Being generally very old, their opinions in council are not much regarded. Their forte is at the bed of the sick or in other operations where something is to be gained. In making war or peace they would have little to say, in a cession of lands still less, and in conducting war parties nothing at all. The old Gauché mentioned before, although a divining man, was a warrior, not old at that time, and feared because he had the power over their lives by the use of poisons which he made no scruple to administer; besides he was no doctor nor sorcerer on other occasions, and was one of the greatest chiefs the Assiniboin ever had. He was uniformly successful in his young and middle time of life, although he failed in age and died as recorded. This extraordinary man does not present a correct sample of a priest or sorcerer as now considered, and is an anomalous case.
Matrons in Council.—Neither matrons nor any other women whatever sit in council with the men of any of the Missouri tribes, nor have they privately any influence over men in their public affairs, and take but little interest in them. Their domestic duties occupy most of their time and their social position is inferior to that of men in every respect. We have heard of only one instance where a woman was admitted in council, during a period of 21 years’ constant residence with all these tribes.
General Councils.—The roving tribes call no general councils with other nations. Even those with whom they have for a long time been at peace they look upon suspiciously and seldom act together in a large body. We have known, however, a combination of Cree, Chippewa, and Assiniboin, consisting of 1,100 men, who, having met in council, went to war upon the Blackfeet. The council was formed by the Cree and Chippewa sending tobacco to the Assiniboin during the winter, to meet them at a certain place the ensuing spring, where, after deliberating the matter at home, they went and formed the above-named expedition. It is the misfortune of all large bodies of Indians formed of different nations to meet with failure. They can not act in a body. Jealousies arise between the soldiers of the different nations, often quarrels, and always separations and defeat of the object. The evil appears to be the want of a commander in chief whom all are content to follow and obey; also their ignorance and unwillingness to submit to discipline, restraint, or subordination. Opinions clash, rank is interfered with, rebellion, dissatisfaction, and consequent separation follows; or should any considerable body keep on, their march is conducted in such a disorderly manner that their enemies have time and notice to enable them to hide or prepare for them. These tribes are not yet far enough advanced in civil organization to enable them to unite for any great purpose, excepting their mutual and general interest require it. The only way they could and do accomplish anything of importance at war by combination is by each nation, being headed and commanded by their own leaders and going to war upon the general enemy at different times and entirely independent of each other. This increases the number of war expeditions and annoys the enemy from different quarters, but does not give them the advantage of bringing large armies into the field.
Private Right to Take Life.—Every Indian believes he has a right to his own life and consequently to defend it. There being no persons or body whose duty it is to punish crime, trespass, or insult, each individual is taught when a boy, and by experience when a man, to rely entirely on himself for redress or protecting his person, family, and property. Every one is thus constituted his own judge, jury, and executioner. Whether the person wronged is right in his means of redress does not matter. He thinks he is right and risks the consequences of retaliation. Every Indian being armed induces the necessity of each using arms; therefore when an Indian strikes, stabs, shoots, or attempts to do these things it is always with an intent to kill, knowing if he misses his aim or only wounds, the other revenges either on the spot or after, as occasion requires or opportunity offers. Therefore he can not act otherwise. This being the state of things, quarrels are not so common as might be supposed. When it is universally known that a blow or a trespass would entail death as its consequence they are avoided, or if unavoidable each endeavors to gain an advantage over the other by acting treacherously or waiting a favorable time when he least expects it to kill or strike him, stating for his reason that if he had not killed him the other only waited the same opportunity against himself. A fair chance to kill or strike does not always present itself. The relations may be too numerous on one side, and the object of contention (be it a horse or a woman) is given up for the time by the weaker party, apparently willingly, yet he only waits until their situations are reversed to seek redress. When a man has killed another, if the relatives of the deceased are more numerous than his own, he flies to a distant part of the country, joins another band and seeks protection there, where he is not sought by the next of kin at the time, but will be killed whenever they meet. In the meantime the relatives of the offender pay much to stop the quarrel.
If the killed and the killer are both of the same band and equally strong in relationship perhaps nothing would be done at the time as the rest of camp would endeavor to stop a skirmish, and a good many guns, horses, and other property would be raised and presented the relatives of the deceased to stop further bloodshed. This generally concludes an amnesty or respite for the time, but the revenge must be accomplished at some time by the next of kin, otherwise it would be a great disgrace to him or them. An opportunity to kill the offender with comparative safety is then sought, perhaps for years, or as long as any of that generation lives. Time and absence may have the effect of giving the murderer a chance to die in some other way or of diminishing the force of the revenge so that he does not find himself in a position to act with any degree of safety when an occasion offers. Yet, if of standing in camp, and a brother, father, or brother-in-law to the deceased, he is bound to revenge at some time, though they make no scruple to receive presents of horses, etc., to refrain in the meantime. Thus the death of a man is never paid for by that generation, though by that means the revenge may be delayed for some years, which is all they can do except surrendering up their relative to the incensed party, which would not for a moment be thought of. We have known three or four horses to be given on the instant by the friends of the offender to those of the deceased and the same to be repeated yearly for two to six years and more, yet still revenge was consummated. On one occasion I asked the man why he killed the other after so long a time and taking property as payment from his relatives and friends. He answered that the pay was well enough as long as the culprit kept out of his sight; that remuneration only destroyed the disposition to seek him out and kill him, although it did not affect the right to revenge if he was fool enough, to thrust himself in his way.
When he saw him his blood boiled, his heart rose up, and he could not help it. Besides (he observed) he was obliged to kill him, as the other, being afraid of him, would do the same to him to save his own life. Thus the killing of one induces the necessity of killing another, and there is no end to the affair. The other party are obliged to retaliate and so on through several generations. In this way a good many of the family of the chief, Wah-he´ Muzza, have been killed, and the smallpox settled the affair by taking off the offenders on the other side. It will be inferred from this that vengeance is not appeased by payment, absence, or the lapse of time, and in the instances where retaliation has not followed after payment we believe they may be ascribed to a decrease in the relationship of the deceased or other domestic changes or reverses which render vengeance out of their power, or too dangerous to accomplish, in which case the relatives get over it by saying they have been paid or forgotten it, yet at the same time would revenge, could they act with safety, or even a chance of comparative safety. Sometimes, however, large offers of recompense are rejected by the father or brothers of the deceased, and the tender is then made to relatives not so closely connected, who generally accept. Herein the cunning of the Indian is manifest. This is a point gained. A negotiation is opened in the family of the deceased and a difference of feeling established with regard to the offender, slight to be sure, but it is there, and is worked by these distant relatives to his advantage and their own, and opens a way through which presents and overtures of compromise may be offered the brothers, etc. But there is no dependence to be placed on anything a wild Indian does.
Neither do they depend on one another. They are suspicious in everything, and more particularly so when life is at stake. In these compromises no one is deceived—either he who takes or he who receives—the minds of both are perfectly known to each other, the object of the one party being to gain time, and of the other to lull suspicion and make the offender and his relatives poor by accepting their property.
We think we have presented their customs in this respect in their true light, viz., that although the compromise be effected and vengeance for the time suspended, yet the feeling is not changed or the right to punish relinquished; but time may make such a change on either part as to render revenge impracticable. There is no recognized principle or means of escape for the murderer unless it be to flee and join another nation with whom they are at peace, marry and remain there.
It will now be necessary to state that the Crow Indians are better regulated in this respect than any of the prairie tribes. Private murders are nearly unknown among them. Our knowledge of this nation from certain sources extends through a period of 40 years and in all that time but one Indian was killed by his own people. The offender absconded and remained with the Snake Nation for 12 years, when he returned, but was obliged again to leave, and since has not been heard of. Stealing women or otherwise seducing others’ wives is revenged by the party offended taking every horse and all private property the offender owns, and in this he meets with no contention. It is considered a point of honor to let everything be taken but keep the woman. Now this nation has from 40 to 80 and sometimes 100 horses to a lodge, and a large haul is made by the husband of the woman, in company with his relatives. If the transgressor has no property that of his nearest relatives is taken, and is suffered to be taken away unmolested. After the excitement is somewhat over, these horses are bought back by the relatives of the offender, each giving two, three, or more as the case happens, which they hand over to him, who in the course of time gets the most of his property returned.
All smaller quarrels or misdemeanors are paid in the same way, though not so high, but they never strike or kill each other, yet are addicted to using personal abuse and invective freely. Our gentleman in charge of that nation states that he has seen the two principal bands of Crow Indians, over 200 lodges, abusing and throwing stones at each other all day, the Yellowstone River being between them. No damage could happen, as the missiles could not be thrown a fourth of the distance, yet not a shot was fired, although balls would reach, and this force was headed by the two principal chiefs of that nation. In all the regulations of these Indians (the Crows) we can discern great natural goodness of heart, and absence of any useless barbarity and bloodshed except with regard to their enemies, the males of whom they kill and cut to pieces, but never kill women and children, whereas the Assiniboin, Sioux, and Blackfeet kill everything. Very few feuds from polygamy result in death, but should it so happen the other would be punished. If the favorite wife had been killed, the least the other wife expected would be a tomahawking, or an arrow shot into her, perfectly regardless as to whether death would be the consequence or not. Women among Indians are bought, paid for, and are the property of the purchaser the same as his horses. Their lives are of course more valuable than those of animals, and every Indian regrets the loss of his woman. Yet when he has bought them he expects them to do their duty, not quarrel nor render his lodge disagreeable, or if so they must expect to be severely punished.
Their lives are not, however, considered as valuable as men, nor are they ever so much mourned for. When not bought, or unmarried, the killing of a woman never happens and would be a great disgrace to any man, though after marriage they are subject to the penalty of death from different causes in which the man thinks he is justified.
Private debts are never settled by the chief, nor private disputes by council. Advice may be given and taken, frequently is, though the usual mode of settling trivial quarrels is by payment, and an invitation to a feast. Everything except loss of life or personal chastisement can be paid for among these Indians.
Game Laws, or Rights of the Chase.—The roving tribes subsist by hunting buffalo, and these animals being constantly on the move, they are obliged to move after them. Therefore no particular section of country is appointed to each as a hunting district.[14] There are, however, certain regulations with regard to the hunting of these animals which may as well be recorded here. A lodge or a few lodges have no right to establish and hunt within 6, 8, or 10 miles from a large camp, as by this the buffalo would be continually kept out of the range of the latter, and a few people be the cause of distress and starvation to the many. Therefore these obstructions are removed by the soldiers. When hunting by surround has been agreed upon, individual hunting is stopped for the same reason, and has met with explanation. This is also the duty of the soldiers. Hunting deer, elk, beaver, etc., being of little consequence to these Indians, each one exercises his pleasure in regard to these occupations. No right to any section of country is claimed by any person to the exclusion of others. Should an Indian wound a deer and not follow, and another pursue and kill it, the former would have no right to either skin or meat, having relinquished that right by abandoning the wounded animal. But should he be following and arrive where the other has killed it, the hide and half the meat would be his share. As a general rule he who draws the first blood of the animal is entitled to the hide. This is often difficult to settle when large buffalo surrounds are made on horseback with the bow and arrow. Several hundreds of animals are slain in the course of an hour or so, and some have the arrows of different Indians in them. Each Indian, by his own mark, knows his arrow, but the matter of dispute is whose arrow struck first? Therefore who is entitled to the hide?
All that prevents this from being often the cause of serious quarrels is that in large hunts a sufficient number or more is generally killed than they can or do skin, and in smaller hunts the same confusion does not occur. A wounded animal is also mostly pursued until killed, and others usually pass by those that are stopped or have arrows sticking into them. With regard to the meat all Indians are liberal. In a large camp at least one-third of the men have no horses that they can catch. There are also a good many old, infirm widows, etc., all of whom must be fed. Every one who can, men and women, turn out and follow the horsemen to the hunt; and, even while the hunt is going on at a distance, commence cutting up the first buffalo they come to. The hide is taken off, and laid aside with the arrow found in it. The tongue and four of the choicest pieces are laid on the hide. This is the portion of him who killed it; and the rest, which is the greater part of the animal, is divided among those who skin it. This operation is going on with numbers of buffalo at the same time, and by this division of labor the hunters and all are ready to pack home their hides and meat nearly as soon as the hunt is finished. In this way the hunters get as many hides and as much meat as they can pack, and those who have not killed, as much meat as they want. Whatever hides are remaining are given away to those who have no horses to hunt with, and other poor people, and all are satisfied and provided for. The soldiers’ lodge and others in camp who have remained to guard the property in the absence of the greater body of people are each supplied with meat by those who have been at the hunt. Feasting is then commenced, and kept up day and night until meat has become scarce, when another hunt follows. This method of hunting is continued until they have hides and meat enough.