§ 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.
CORPORATION LAW.
(See Societies, in Chapter [X].)
GOVERNMENT LAW.
(See the preceding chapter.) The crimes against government law were violations of the rules of the buffalo hunt, quarreling, and fighting. The violations of the rules of the buffalo hunt were also regarded as crimes against religious law.
INTERNATIONAL LAW.
(See War Customs, Military Law, and Visiting Customs.)
§ 307. Mode of making peace with another tribe.—When the Omahas wished to make peace, which was termed, "making the land good," two or more chiefs and some of the young men took one of the sacred pipes and went unarmed towards the village or camp of the late foe, taking care to go openly and in daylight, when their approach could be seen. They were met by some of the villagers, who conducted them to a lodge, where food was given them. After the meal, they were asked to tell the object of their visit. The leader of the visitors then said, "I have come because I think that we should fight no longer. I have come that we may eat and smoke together." The principal man of the village then replied, "It is good! If you tell the truth, when you come again, we will give a horse to each one of you." At this time, no presents were made by either party. They remained together two, three, or four days, and left for home when their leader decided to depart. The bearer of a peace pipe was generally respected by the enemy, just as the bearer of a flag of truce is regarded by the laws of war among the so-called civilized nations.
When strangers came to visit the Omahas, or when the latter visited another tribe, presents were given by both parties, generally consisting of horses and robes. But there was no commerce, as we understand that term.