Primogeniture
There is no general or fixed law of primogeniture. The eldest son is, however, mostly a favorite, and although the custom is not universal we have known instances of legacies left. If the parent be a chief he will, if time permits, present his eldest son with his medal when he anticipates death, if his son is of sufficient age to wear it. They are anxious to be succeeded in their office by some of their children, and the eldest would soonest be of sufficient age to take upon himself the responsibility. But unfortunately for the wishes of the parent the office or station of chief does not depend upon the law of primogeniture, or any other, but upon the will of the greater part to be ruled by him who is thus designated, and the capacities and standing of the applicant. The chief whose speech is recorded on page 598 presented his medal to his eldest son when on his death bed in the presence of 20 or 30 persons of his band, intimating his desire that his son should take his place and “follow in the footsteps of his father.” The son not being the popular choice, another was appointed and the medal was left in our possession, where it yet remains, though his son was of age at his father’s (la-Chef-qui-parle) death six years ago, and is living yet, and has progressed no further than becoming a camp soldier.
Most of these Indians die violent deaths, either by war, accidents of the chase, or rapid diseases, and thus have no opportunity to dispose of their property, yet even when they have time do not often do it, owing to the difficulty of having these requests fulfilled after their demise. The dying request of a chief or warrior, if he makes any, is that his favorite horse, or sometimes two or three horses, shall be killed at his grave. Other horses, his gun, etc., are sometimes given to his relatives as bequests, and this gift contains an intimation to go to war after his death. The death of a warrior entails revenge, from, whatever cause his death arises—sickness or accident. The horses, therefore, there bequeathed are put in mourning by having their mane, tail, and ears cut off and their body smeared over with white clay. These, with the guns and other weapons bequeathed, are taken on the first war expedition by the persons who received them. We have been appointed executor of the will of an Indian who died at Fort Union some years since from a wound through the bowels. A short time before his death (about three hours) he called us to his bedside and made a distribution of some horses and other property to be kept for his children’s use, and desired his best running horse to be shot on the spot where he was to be buried, while he was yet living, which with the other requests were attended to.
There can be no doubt that if they were certain their dying requests would be fulfilled the custom of bequeathing their property when the circumstances of their death admitted it would be more general; but they know that the customs are such that after death all property must pass into the hands of strangers, as will be stated under the head of Death and Its Consequences. Even when dying bequests are made they are not always carried out. The horses and other property thus given to their families are given to others who cut their legs and bodies and cry a great deal at the interment, or rather on the occasion of their placing the body in a tree, as they usually do. When the great chief of the Crows, Long Hair, died no less than four hands were held out by four different Crow Indians, each offering to cut off two fingers to obtain the chief’s war horse that he ordered to be killed upon his grave, but their offers were rejected and the horse was killed.