PROPERTY LAW.
§ 303. Public property, provisions, and stock are not known. Hence, there are no revenue laws.
(a) Tribal property.—Each tribe claimed a certain extent of territory as its own, for purposes of occupancy, cultivation, hunting, and fishing. But the right of a tribe to sell its land was something unheard of. Portions of the Omaha territory were sold because the people feared to refuse the white men. They consented just as a man would "consent" to hand his purse to a highway robber who demanded his money or his life. Land is enduring, even after the death of all of a generation of Omahas; for the men of the next generation succeed and dwell on the land. Land is like water and wind, "wé¢inwin-¢i`á-wá¢ě," what cannot be sold. But horses, clothing, lodges, etc., soon perish, and these were the only things that they could give away, being personal property. The tribe had a common language, the right to engage together in the chase as well as in war, and in certain rites of a religious and civil character, which are described in connection with the hunting customs, etc.
(b) Gentile property.—Each gens had its special "wewaspe," such as the sacred pipes, chiefs, sacred tents, area in the tribal circle, etc. These "wewaspe" also belonged, in a measure, to the whole tribe. (See Gentile System, Chapter [III].)
(c) Household property.—This consisted of the right of occupancy of a common dwelling, the right of each person to shares of fish, game, etc., acquired by any member of the household. When game was killed, it belonged solely to the household of the slayer; members of any other household had no right to take any part, but the slayer of a buffalo or other large animal might give portions to those who aided him in cutting it up. (See §§ [147], [159].)
(d) Personal property.—When a father gave a horse or colt to his child, the latter was the sole owner, and could do what he wished with the property. Each head of a household held a possessory right to such a tract or tracts of land as the members of his family or household cultivated; and as long as the land was thus cultivated, his right to its enjoyment was recognized by the rest of the tribe. But he could not sell his part of the land. He also had a right to cultivate any unoccupied land, and add it to his own. The husband and wife who were at the head of the family or household, were the chief owners of the lodge, robes, etc. They were joint owners, for when the man wished to give away anything that could be spared he could not do so if his wife was unwilling. So, too, if the wife wished to give away what could be spared, she was unable to do it if her husband opposed her. Sometimes, when the man gave something without consulting his wife, and told her afterwards, she said nothing. The wife had control of all the food, and the man consulted her before he invited guests to a feast saying: "Ewéku kan´b¢a. Inwin´hañ-gă." i. e., "I wish to invite them to a feast. Boil for me."
Members of the same tribe occasionally exchanged commodities. This right was recognized by all. (See International Law, § [307].)
§ 304. Debtors.—When a man asked another to lend him anything, as a knife, kettle, &c., the owner would not refuse. When the borrower had finished using it, he returned it to the lender, for he would be ashamed to keep it as his own. There never was a case of refusal to return a borrowed article. If the use of the thing had impaired its value, the borrower always returned another article of the same kind, which had to be in as good condition as the former was when it was borrowed. There was no pay or interest on the loan. Sometimes, when the borrower was a kinsman or friend of the lender, and he returned to the latter his property, the lender would say to him, "Keep it!"
§ 305. Order of inheritance.—First, the eldest son, who becomes the head of the household or family; then the other sons, who receive shares from their brother; if there are sisters of these, they receive from their eldest brother whatever he thinks that they should have. Should the deceased leave no children, his kindred inherit in the following order: His elder brother, younger brothers, sisters, mothers' brothers, and sisters' sons. The widow receives nothing, unless she has grown sons of her own, who can protect her. The husband's kindred and the widow's step-sons generally deprive her of all the property, because they fear lest she should go elsewhere and marry.
§ 306. Crime against property law: Theft.—When the suspected thief did not confess his offense, some of his property was taken from him until he told the truth. When he restored what he had stolen, one-half of his own property was returned to him, and the rest was given to the man from whom he had stolen. Sometimes all of the policemen whipped the thief. But when the thief fled from the tribe, and remained away for a year or two, the offense was not remembered on his return; so no punishment ensued.