MARRIAGE LAWS.
§ 78. A man must marry outside of his gens. Two Crows, of the Hañga gens, married a Wejincte woman; his father married a [T]e-sĭnde woman; his paternal grandfather, a Hañga man, married a Wasabe-hit`ajĭ woman; and his maternal grandfather, a [T]e-sĭnde man, married a [T]e-[p]a-it`ajĭ woman. His son, Gain´-bajĭ, a Hañga, married an Iñke-sabě woman; and his daughter, a Hañga, married Qi¢á-gahíge, a [T]a-[p]a man. Caan´, a brother of Two Crows, and a Hañga, married a [T]a[p]a woman, a daughter of the chief Sĭn´ac-xan´xan. Another brother, Minxá-tan, also a Hañga, married a [K]anze woman.
Joseph La Flèche's mother was a Ponka Wasabe-hit`ajĭ woman; hence he belongs to that Ponka gens. His maternal grandfather, a Ponka Wasabe-hit`ajĭ, married a Ponka Wajaje woman. Her father, a Wajaje, married a Ponka Makan woman.
Two Crows, being a Hañga, cannot marry a Hañga woman, nor can he marry a [T]e-sĭnde woman, as they are all his kindred through his mother. He cannot marry women belonging to the Wasabe-hit`ajĭ and [T]e-[p]a-it`ajĭ subgentes ("uʞig¢ane") of the ₵atada gens, because his real grandmothers belonged to those subgentes. But he can marry women belonging to the other ₵atada subgentes, the Wajiñga-¢atajĭ and [K]e-`in, as they are not his kindred. In like manner Joseph La Flèche cannot marry a Ponka Wasabe-hit`ajĭ woman, a Ponka Wajaje woman, or a Ponka Makan woman. But he can marry an Omaha Wasabe-hit`ajĭ woman, as she belongs to another tribe.
Gain-bajĭ cannot marry women belonging to the following gentes: Hañga (his father's gens), Wejincte (his mother's gens), [T]e-sĭnde (his paternal grandmother's gens), Wasabe-hit`ajĭ, and [T]e-[p]a-it`ajĭ.
Gain-bajĭ's son cannot marry any women belonging to the following gentes: Iñke-sabě, Hañga, Wejincte, [T]e-sĭnde, or that of the mother of his mother. Nor could he marry a Wasabe-hit`ajĭ or [T]e-[p]a-it`ajĭ woman, if his parents or grandparents were living, and knew the degree of kinship. But if they were dead, and he was ignorant of the fact that the women and he were related, he might marry one or more of them. The same rule holds good for the marriage of Qi¢a-gahige's son, but with the substitution of [T]a-[p]a for Iñke-sabě.
Two Crows cannot marry any Iñke-sabě woman belonging to the subgens of his son's wife; but he can marry one belonging to either of the remaining subgentes. So, too, he cannot marry a [T]a-[p]a woman belonging to the subgens of Qi¢a-gahige, his son-in-law, but he can marry any other [T]a-[p]a woman. As his brother Caan, had married a [T]a-[p]a woman of Sĭnde-xanxan's subgens, Two Crows has a right to marry any [T]a-[p]a woman of her subgens who was her sister, father's sister, or brother's daughter. He has a similar privilege in the [K]anze gens, owing to the marriage of another brother, Minxa-tan.
An Omaha Hañga man can marry a Kansas Hañga woman, because she belongs to another tribe. A Ponka Wasabe-hit`ajĭ man can marry an Omaha Wasabe-hit`ajĭ woman, because she belongs to a different tribe.
WHOM A MAN OR WOMAN CANNOT MARRY.
A man cannot marry any of the women of the gens of his father, as they are his grandmothers, aunts, sisters, nieces, daughters, or grandchildren. He cannot marry any woman of the subgens of his father's mother, for the same reason; but he can marry any woman belonging to the other subgentes of his paternal grandmother's gens, as they are not his kindred. The women of the subgens of his paternal grandmother's mother are also forbidden to him; but those of the remaining subgentes of that gens can become his wives, provided they are such as have not become his mothers-in-law, daughters, or grandchildren. (See § [7], [126], etc.)
A man cannot marry any women of his mother's gens, nor any of his maternal grandmother's subgens, nor any of the subgens of her mother, as all are his consanguinities.
A man cannot marry a woman of the subgens of the wife of his son, nephew, or grandson; nor can he marry a woman of the subgens of the husband of his daughter, niece, or granddaughter.
A man cannot marry any of his female affinities who are his iʞan, because they are the real or potential wives of his fathers-in-law, or of the fathers-in-law of his sons, nephews, or grandchildren.
A man cannot marry any woman whom he calls his sister's daughter. He cannot marry any woman whom he calls his grandchild. This includes his wife's sister's daughter's daughter.
He cannot marry the daughter of any woman who is his ihañga, as such a daughter he calls his daughter.
He cannot marry his sister's husband's sister, for she is his iʇucpa. He cannot marry his sister's husband's father's brother's daughter, as she is his iʇucpa; nor can he marry her daughter or her brother's daughter, for the same reason. He cannot marry his sister's husband's (brother's) daughter, as she is his sister's potential daughter, and he calls her his iʇijan.
A woman cannot marry her son, the son of her sister, aunt, or niece; her grandson, the grandson of her sister, aunt, or niece; any man whom she calls elder or younger brother; any man whom she calls her father's or mother's brother; her iʇijigan (including her consanguinities, her father-in-law, her brother's wife's brother, her brother's wife's father, her brother's son's wife's father, her brother's wife's brother's son, her father's brother's son's wife's brother, her grandfather's brother's son's wife's brother); or any man who is her iʇande.
WHOM A MAN OR WOMAN CAN MARRY.
A man can marry a woman of the gens of his grandmother, paternal or maternal, if the woman belong to another subgens. He can marry a woman of the gens of his grandmother's mother, if the latter belong to another subgens, or if he be ignorant of her kinship to himself.
He can marry a woman of another tribe, even when she belongs to a gens corresponding to his own, as she is not a real kinswoman.
He can marry any woman, not his consanguinity, if she be not among the forbidden affinities. He can marry any of his affinities who is his ihañga, being the ijan¢e, iʇañge, iʇimi, or iʇujañge of his wife. And vice versa, any woman can marry a man who is the husband of her ijan¢e, iʇañge, iʇimi, or iʇujañge. If a man has several kindred whom he calls his brothers, and his wife has several female relations who are his ihañga, the men and women can intermarry.
IMPORTANCE OF THE SUBGENTES.
Were it not for the institution of subgentes a man would be compelled to marry outside of his tribe, as all the women would be his kindred, owing to previous intermarriages between the ten gentes. But in any gens those on the other side of the gentile "une¢e," or fire-place, are not reckoned as full kindred, though they cannot intermarry.
REMARRIAGE.
§ 79. A man takes the widow of his real or potential brother in order to become the stepfather (i¢adi jiñga, little father) of his brother's children. Should the widow marry a stranger he might hate the children, and the kindred of the deceased husband do not wish her to take the children so far away from them. Sometimes the stepfather takes the children without their mother, if she be maleficent. Sometimes the dying husband knows that his kindred are bad, so he tells his wife to marry out of his gens. When the wife is dying she may say to her brother, "Pity your brother-in-law. Let him marry my sister."