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.