Part 9

Is the democratic element strongly implanted? Very. The whole is a pure democracy, as has by this been developed. There are also consultations in private lodges previous to meeting in councils, but these do not appear to influence the opinions of any, further than thereby getting a thorough acquaintance of the subject, and preparing their minds for a speech, and not much idea can be formed in this way of the popularity of the question until it meets public discussion in the council. Neither are these private councils held with that view but are merely conversations regarding the importance of the subject and something to talk about, which is always desirable in an Indian camp. They are obstinate in adhering to a formed opinion and not easily moved by oratory or extraneous remarks, are shrewd and pursue the subject with intensity and perseverance until decided or abandoned. They are liable also to be carried away by the excitement of debate and lose sight of the subject in personal abuse and recrimination until called to order by some more cool. There is no vote taken, though the prevailing feeling is manifest and those who do not exhibit any of this feeling are quietly asked their opinion, which they as quietly give. All this has met with sufficient explanation. The leading chief does nothing in advance of public opinion. His business is rather to think of their welfare and interests, bringing those subjects under discussion which appear to him of sufficient importance and which he sees merit consideration by the excitement they occasion in private lodges, or if smaller matters they are left to the decision of the soldiers. In councils held in the soldiers’ lodge for hunting the chief does not always appear. When the camp is placed for the winter he assists in forming the body of soldiers and in giving general instructions which they carry out. Afterwards he seldom goes for these purposes. The business of these soldiers will meet with further notice in these pages and it is worth while considering their powers, as they are the active force of all large camps.

COUNCILS.—Councils are opened in a very sedate and orderly form. The pipe is the principal of all ceremonies, and its motions vary with the occasions. Councils between two nations for a peace, deputations of both being present, are very solemn and take a long time. It is likely these ceremonies are very ancient, being nearly the same among all the roving tribes. The real calumet used on this occasion with its accompaniments presents the form as sketched and explained in Plate 68. This instrument is always kept packed up in many envelopes of cloth, skin, etc., the whole making a roll as thick as a man’s thigh, sometimes as large as a piece of common stovepipe, 5 or 6 feet long, is laid in the middle of the soldiers’ lodge on a piece of scarlet cloth in that way before the deputation has arrived, or immediately on its arrival, is not opened, however, until a full council has been assembled. The chief (who owns the pipe) then commences the ceremony of unrolling it, and at the taking off of each envelope says a few words equivalent to “Peace we wish,” “Look over us, Wakoñda,” “This to the Sun,” “This to the Earth,” etc., giving, as it were, some distinction or value to each envelope. After a long time and the untying of many knots, the pipe and stem appear, with a tobacco sack, a bunch of sweet-smelling grass, a probe for the pipe, and a small sack containing a charm or amulet. The pipe is on this occasion filled from the tobacco (or mixture) sack by the chief of the soldiers, though not lit, and in this way handed to his own chief. He (the chief) now stands up, the different deputations of nations sitting opposite each other on either side of the lodge. He first presents the pipe to the East, singing a gentle and harmonious song for about a minute, then presents it South, West, North, to the Sky and lastly to the Earth, repeating the song at each presentation.

In conclusion he turns it slowly three times round, and lays it down, all responding hoo-o-oo as the pipe is placed on the ground. The chief now sits down in his place, and the Chief of the soldiers rises. He lights the pipe with a piece of the sweet-smelling grass—if the strangers are of the Crow nation a piece of dried buffalo dung is used to light it—stands up and presents it precisely to the same points as the chief had done without singing, giving three puffs or whiffs of the pipe to every presentation, finishing in the same way the chief had done, and, receiving a loud prolonged universal hoo-o-oo or grunt of approbation, he then resumes his seat. The chief now rises the second time and having had the pipe relighted, holding the stem in his hand advances and presents it, or rather places it in the mouth of the head man of the strange deputation, allowing him to take a few whiffs, passes to the next and the next, they sitting and he moving round from one to another until all the strangers have been smoked, then he hands the pipe to the chief of the soldiers and sits down. This officer now presents the pipe in the same way to his own chief and going round the other side smokes all his people, and hands the pipe to another soldier, who goes the whole round again, and this is repeated over in silence for at least two hours, when the pipe is laid down by the chief, and speeches or signs begin by which they arrange the preliminaries of a peace. After all is settled the pipe undergoes the ceremony of rolling up, which is fully as long, though not in silence, conversation becoming general and ordinary pipes being introduced. The termination on this occasion is a grand feast in the soldiers’ lodge to the strangers, and invitations to 50 or more other feasts in camp, to all of which they must go, and when all is finished the strangers are accommodated with temporary wives during their short residence.

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.

PRIVATE RIGHT TO TAKE LIFE.—Every Indian believes he has a right to his own life and consequently to defend it. There being no persons or body whose duty it is to punish crime, trespass, or insult, each individual is taught when a boy, and by experience when a man, to rely entirely on himself for redress or protecting his person, family, and property. Every one is thus constituted his own judge, jury, and executioner. Whether the person wronged is right in his means of redress does not matter. He thinks he is right and risks the consequences of retaliation. Every Indian being armed induces the necessity of each using arms; therefore when an Indian strikes, stabs, shoots, or attempts to do these things it is always with an intent to kill, knowing if he misses his aim or only wounds, the other revenges either on the spot or after, as occasion requires or opportunity offers. Therefore he can not act otherwise. This being the state of things, quarrels are not so common as might be supposed. When it is universally known that a blow or a trespass would entail death as its consequence they are avoided, or if unavoidable each endeavors to gain an advantage over the other by acting treacherously or waiting a favorable time when he least expects it to kill or strike him, stating for his reason that if he had not killed him the other only waited the same opportunity against himself. A fair chance to kill or strike does not always present itself. The relations may be too numerous on one side, and the object of contention (be it a horse or a woman) is given up for the time by the weaker party, apparently willingly, yet he only waits until their situations are reversed to seek redress. When a man has killed another, if the relatives of the deceased are more numerous than his own, he flies to a distant part of the country, joins another band and seeks protection there, where he is not sought by the next of kin at the time, but will be killed whenever they meet. In the meantime the relatives of the offender pay much to stop the quarrel.

If the killed and the killer are both of the same band and equally strong in relationship perhaps nothing would be done at the time as the rest of camp would endeavor to stop a skirmish, and a good many guns, horses, and other property would be raised and presented the relatives of the deceased to stop further bloodshed. This generally concludes an amnesty or respite for the time, but the revenge must be accomplished at some time by the next of kin, otherwise it would be a great disgrace to him or them. An opportunity to kill the offender with comparative safety is then sought, perhaps for years, or as long as any of that generation lives. Time and absence may have the effect of giving the murderer a chance to die in some other way or of diminishing the force of the revenge so that he does not find himself in a position to act with any degree of safety when an occasion offers. Yet, if of standing in camp, and a brother, father, or brother-in-law to the deceased, he is bound to revenge at some time, though they make no scruple to receive presents of horses, etc., to refrain in the meantime. Thus the death of a man is never paid for by that generation, though by that means the revenge may be delayed for some years, which is all they can do except surrendering up their relative to the incensed party, which would not for a moment be thought of. We have known three or four horses to be given on the instant by the friends of the offender to those of the deceased and the same to be repeated yearly for two to six years and more, yet still revenge was consummated. On one occasion I asked the man why he killed the other after so long a time and taking property as payment from his relatives and friends. He answered that the pay was well enough as long as the culprit kept out of his sight; that remuneration only destroyed the disposition to seek him out and kill him, although it did not affect the right to revenge if he was fool enough, to thrust himself in his way.

When he saw him his blood boiled, his heart rose up, and he could not help it. Besides (he observed) he was obliged to kill him, as the other, being afraid of him, would do the same to him to save his own life. Thus the killing of one induces the necessity of killing another, and there is no end to the affair. The other party are obliged to retaliate and so on through several generations. In this way a good many of the family of the chief, Wah-he´ Muzza, have been killed, and the smallpox settled the affair by taking off the offenders on the other side. It will be inferred from this that vengeance is not appeased by payment, absence, or the lapse of time, and in the instances where retaliation has not followed after payment we believe they may be ascribed to a decrease in the relationship of the deceased or other domestic changes or reverses which render vengeance out of their power, or too dangerous to accomplish, in which case the relatives get over it by saying they have been paid or forgotten it, yet at the same time would revenge, could they act with safety, or even a chance of comparative safety. Sometimes, however, large offers of recompense are rejected by the father or brothers of the deceased, and the tender is then made to relatives not so closely connected, who generally accept. Herein the cunning of the Indian is manifest. This is a point gained. A negotiation is opened in the family of the deceased and a difference of feeling established with regard to the offender, slight to be sure, but it is there, and is worked by these distant relatives to his advantage and their own, and opens a way through which presents and overtures of compromise may be offered the brothers, etc. But there is no dependence to be placed on anything a wild Indian does.