CHAPTER XII.

THE LAW.

§ 299. The law, which is the body of rules that the State endeavors directly or indirectly to enforce, may be properly classed as follows: 1. Personal law. 2. Property law. 3. Corporation law. 4. Government law. 5. International law. 6. Military law. 7. Religious law.

Crimes may be committed against personal law, property law, corporation law, government law, international law, military law, and religious law. So there are as many divisions of criminal law.

PERSONAL LAW.

§ 300. A large part of personal law belongs to gentile or family law. Certain degrees of consanguinity and affinity are considered as bars to intermarriage. The marriage of kindred has always been regarded as incestuous by the Omahas and kindred tribes. Affinities were forbidden to Self in certain places which are explained in the description of the kinship system and the marriage laws.

Marriage by elopement has been practiced, but marriage by capture or by duel are not known. (See § 82.)

Nage, _quarreling and fighting_.--It used to be a custom among the Omahas, when two men engaged in a fight, that he who gave the first blow was beaten by the native policemen.

T´e¢ai, _accidental killing_, and "t´eki¢ai," _intentional killing_ or _murder_, are also crimes against religious law, which see in §§ 310, 311.

_Witchcraft._--When the supposed victim has died and the offender has been detected his life may be taken by the kinsman of the victim without a trial before the assembly or any other tribunal.

_Slavery_ was not known. Captives taken in war were not put to death. (See § 222.)

§ 301. SOCIAL VICES (_a_), _Adultery_.--Sometimes a man steals another man's wife. Sometimes he tempts her, but does not take her from her husband. The injured man may strike or kill the guilty man, he may hit the woman, or he may deprive the offending man of his property. If a woman's husband be guilty of adultery with another woman she may strike him or the guilty female in her anger, but she cannot claim damages. In some extreme cases, as recorded by Say, an inexorable man has been known to tie his frail partner firmly upon the earth in the prairie, and in this situation has she been compelled to submit to the embraces of twenty or thirty men successively; she is then abandoned. But this never happened when the woman had any immediate kindred, for if she had any such kindred in the tribe the husband would be afraid to punish his wife in that manner. A woman thus punished became an outcast; no one would marry her.

(_b_) _Prostitution._--In 1879 there were only two or three women in the Omaha tribe that were known as mi^nckeda or public women. Of late years, according to La Flèche and Two Crows, there have been many mi^nckeda, but it was not so formerly, when the Indians were the only inhabitants. A father did not reprove his daughter if she was a mi^nckeda. He left that to her elder brother and her mother's brother, who might strike her with sticks. Sometimes, if very angry with her, they could shoot an arrow at her, and if they killed her, nobody could complain.

(_c_) _Fornication._--This is not practiced as a rule, except with women or girls that are mi^nckeda. So strict are the Omahas about these matters, that a young girl or even a married women walking or riding alone, would be ruined in character, being liable to be taken for a mi^nckeda, and addressed as such. No woman can ride or walk with any man but her husband or some immediate kinsman. She generally gets some other woman to accompany her, unless her husband goes. Young men are forbidden to speak to girls, if they should meet two or more on the road, unless they are kindred. The writer was told of some immorality after some of the dances in which the women and girls participate. This has occurred recently; and does not apply to all the females present, but only to a few, and that not on all occasions. When girls go to see the dances their mothers accompany them; and husbands go with their wives. After the dance the women are taken home.

(_d_) _Schoopanism_. or _pæderastia_.--A man or boy who suffered as a victim of this crime was called a mi^n-quga, or hermaphrodite. La Flèche and Two Crows say that the mi^n-quga is "g¢a^n¢i^n," foolish, therefore he acts in that manner.

(_e_) _Rape._--But one Omaha has a bad reputation in the tribe for having frequently been guilty of this crime. It is said that one day he met the daughter of Gia^nze-¢iñge, when she was about a mile from home, driving several ponies. He pulled her off her horse, and though she was not over seven or eight years old, he violated her. The same man was charged with having committed incest with his own mother.

§ 302. _Maiming._--This never occurs except in two cases: First, by accident, as when two men wrestle, in sport, and an arm is broken by a blow from a bow or stick; secondly, when the policemen hit offenders with their whips, on the head, arms, or body; but this is a punishment and not a crime. La Flèche and Two Crows never heard of teeth being knocked out, noses broken, eyes injured, etc., as among white or colored men.

_Slander_ is not punishable, as it is like the wind, being "waniajĭ," that is, unable to cause pain.

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¢i^nwi^n-¢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 ka^n´b¢a. I^nwi^n´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.

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.

MILITARY LAW.

(See the preceding paragraphs, and War Customs.)

RELIGIOUS LAW.

§ 308. The rules of the buffalo hunt, the consecration of the hearts and tongues, the ceremonies pertaining to the anointing of the sacred pole, etc., and those connected with the planting of the corn, were customs which were regarded as laws received by their ancestors from Wakanda; hence, they pertained to religion as well as to the government of the tribe. (See §§ 128-163.)

§ 309. The following are of a religious character: The worship of the thunder, when first heard in the spring (§ 24), and when the men go to war (§ 196); the style of wearing the hair in childhood (§ 30, etc.); most of the governmental instrumentalities enumerated in Chapter XI, and non-intercourse with a woman during her catamenial seclusion (§ 97).

The Omahas were afraid to abandon their aged on the prairie when away from their permanent villages lest Wakanda should punish them.

The most common offenses against religious law were murder and accidental killing.

§ 310. _Murder._--Murder of a fellow Omaha has been of rare occurrence. Drunkenness alone has caused two men to kill each other in a few cases; but owing to it there have been more instances of murder and manslaughter. Before liquor was introduced there were no murders, even when men quarreled. The murder of a fellow clansman was unknown, except in a few cases of parricide, caused by drunkenness. Parents never killed their children. About thirty-two years ago a man killed his uncle to avenge the murder of another uncle by a drunken son. Over sixty years ago a Ponka married an Omaha woman, and remained with her tribe. His mother-in-law was a very bad old woman, so he killed her. No Omaha ever killed an affinity.

Murder might be punished by taking the life of the murderer, or that of one of his clansmen. When one man killed another, the kinsmen of the murdered man wished to avenge his death, but the chiefs and brave men usually interposed. Sometimes they showed one of the sacred pipes; but they always took presents, and begged the kinsmen to let the offender live. Sometimes the kinsmen of the murderer went alone to meet the avengers; sometimes they took with them the chiefs and brave men; sometimes the chiefs, braves, and generous men went without the kinsmen of the murderer. Sometimes the avengers refused to receive the presents, and killed the murderer. Even when one of them was willing to receive them, it was in vain if the others refused.

When the life of the murderer was spared, he was obliged to submit to punishment from two to four years. He must walk barefoot. He could eat no warm food; he could not raise his voice; nor could he look around. He was compelled to pull his robe around him, and to have it tied at the neck, even in warm weather; he could not let it hang loosely or fly open. He could not move his hands about, but was obliged to keep them close to his body. He could not comb his hair; and it must not be blown about by the wind. He was obliged to pitch his tent about a quarter of a mile from the rest of the tribe when they were going on the hunt lest the ghost of his victim should raise a high wind, which might cause damage. Only one of his kindred was allowed to remain with him at his tent. No one wished to eat with him, for they said, "If we eat with him whom Wakanda hates, for his crime, Wakanda will hate us." Sometimes he wandered at night, crying and lamenting his offense. At the end of the designated period, the kindred of the murdered man heard his crying and said, "It is enough. Begone, and walk among the crowd. Put on moccasins and wear a good robe." Should a man get a bad reputation on account of being quarrelsome, his gens might refuse to defend him. Even if the kindred were sad when he was slain, they would say nothing, and no one tried to avenge him. The murder of a child was as great a crime as the murder of a chief, a brave, or a woman. There was no distinction in the price to be paid.

Should the criminal escape to another tribe, and be absent for a year or two, his crime would be remembered on his return, and he would be in danger.

§ 311. _Accidental killing._--When one man killed another accidentally, he was rescued by the interposition of the chiefs, and subsequently was punished as if he were a murderer, but only for a year or two.

§ 312. _Profanity._--Cursing and swearing were unknown before the white men introduced them. Not one of the ₵egiha dialects contains an oath. The Omahas are very careful not to use names which they regard as sacred on ordinary occasions; and no one dares to sing sacred songs except the chiefs and old men at the proper times.

§ 313. _Drunkenness_ became a crime, because it often led to murders; so the Omaha policemen determined to punish each offender. Each one of the ten gave him several blows with a whip, and the drunkard's annuity for that year was taken from him. In 1854 this vice was broken up, and since then there has been no instance of its occurrence among the Omahas.[22]

§ 314. _Falsehood._--In 1879 Standing Hawk and a few others were noted for this vice; but in 1882 La Flèche said that there were many who had lost all regard for the truth. Formerly, only two or three were notorious liars; but now, there are about twenty who do not lie. Scouts were expected to speak the truth when they returned to report to the directors, the keepers of the sacred tents, etc. (See §§ 23, 136, and 137.) Warriors were obliged to undergo the ordeal of the wastegistu (Osage, watse-ʞistu), before receiving the rewards of bravery. If one told a lie, he was detected, as the Indians believed that the stick always fell from the sacred bag in such a case. (See § 214.)

[22] The Indians also broke up gambling with cards, but it has been resumed, as the police have not the power to punish the offenders.

INDEX.

Accouchement among the Omahas 263 Adoption of children among the Omahas 265, 281 Adultery among the Omahas 364 Affinities in Omaha kinship 255 Age, Omaha life in old 274 Agriculture among the Omahas 302 Amusements of the Omahas 334-342 ; Cards 341 ; Children's 341 ; Diving 341 ; Hitting the stone 339 ; Plumstone shooting 334 ; Shooting at the rolling-wheel 335 ; Stick and ring 337 ; Stick counting 338 ]; Women's game of ball 338 Animals, how divided among Omaha hunters 300 Anba-Hebe cited on tradition of the pipes 222 Archery, Omaha skill in 291 Arrows, Each Omaha has his own set of 291 Assembly, The Omaha tribal 361 gentile 362 Attack in war, Omaha preparation for making 326 receiving 313

Bags, Ordeal of the sacred 328 Ball, Omaha woman's game of 338 Bashfulness of Omahas 262 Bandolier, A.T., on Cochiti Indian weaving 361 Bathing among Omahas 269 Beans as a food among Omahas 308 Begging dance 355 Berries as a food among Omahas 306 Birth, Omaha ceremony on the fifth day after 245 Birthnames, Omaha 227, 231, 232, 236, 237, 239, 240, 243, 244, 245, 248 Black Shoulder gens of Omahas 228-233 ; Birthnames 231 ; Myth of creation. 229 ; Mythical origin of 229 ; Names 231 ; Style of wearing the hair. 230 ; Subgentes 230 ; Taboo. 230 Boys, Birthnames of Omaha 227, 231, 236, 237, 239, 240, 243, 245, 248 Bravery, Anecdotes of Omaha 332 , Omaha rewards of 329 Buffalo dance, Omaha 347 hearts and tongues collected 289 feast on 290 killed in hunt, Division of 291 , Order of approaching a herd of 289

Calumet dance, The 276-282 pipe, The 277-279 Cannibalism of Indians 272 Captives by Omahas, Treatment of 313, 332 Cards 341 Catamenia among the Omahas 267 Celibacy among the Omahas 269 Ceremony on the fifth day after birth, Omaha 245 at death, Omaha 229, 233 Charities, Omaha 274 Charts of Omaha kinship 254 Chiefs are religions officers during the buffalo hunt, Omaha 357 , Omaha deposition of 362 election of 358 head 357 in the Omaha state, Position of 216 , Powers of Omaha 362 , Sacred inauguration of 359-360 , Subordinate 357 , Who can be elected Omaha 358 Child-birth among Omahas 263 Children, Omaha, Adoption of 265, 281 , Clothing of 265 , Diseases of 265 , Games of 340,341 , Life of 265 , Number of 264 Circle, Omaha tribal 219-220 Clothing, Omaha 310-311 Preparation of 310 Children's 265 Dressing hides for 310 Consanguineous kinship of Omahas 253 Corporations among Omahas 218, 342, 355, 367 ; dancing societies 330, 342-355 ; feasting societies 342 Council, The Omaha tribal 361 Courtship, Omaha 259 Couvade 263 Cultivation of the ground regulated by the Hañga gens 302 Customs, Curious Omaha, during a fog 240 harvest 238 Omaha fishing 301 hunting 283, 301 marriage 259 post-marriage 261 sleeping 273 visiting 276-282 ₵atada Gens, The 236-241 [T]e-[p]a-it'ajǐ subgens 239-240 ; Birthnames 240 ; Sections 240 Turtle subgens 240-241 ; Birthnames 240 ; Custom during a fog 240 ; Decoration of tents 240 ; Sections 240 ; Style of wearing the hair 240 ; Turtle men 240 ; Wajiñga ¢ataji subgens 238-239 ; Birthnames 239 ; Curious custom 238 ; Names 239 ; Sections and subsections 239 ; Style of wearing the hair 238 ; Wasabe Hit'aji subgens 236-238 ; Birthnames 237 ; Mythical origin 237 ; Names 238 ; Style of wearing the hair 237 ; Taboo 237 ₵egiha tribes, Early migrations of 211-213

Dance, Alaskan dress, 344, 348 ornaments 344 , Painting for 348, 350 societies of Omahas 330, 342-355 , The begging 355 , buffalo 347 , buffalo head-dress 352 , calumet 276-282 , ghost 353 , grizzly bear 349 , He¢ucka 330 , Hede-watci 297 , Hekana 353 , Hewatci 331 , horse 348 , make-no-fight 352 , Mandan 332, 354 , Padañka 353 , scalp 330 , sun 272, 355 , T'égaxe-watci 352 , Visitors', of relating exploits 352 , Wacicka 342 , Witcita 349 , wolf 348 Death, Omaha ceremonies at 229, 233 Deer Head gens, The Omaha 245 Differentiation of organs in the State 216 Diseases of Omaha children 265 Distribution of parts of animals 300 Diving, Omaha 341 Domestic etiquette among Omahas 262 Domestic life among the Omahas 258-275 Dorsey, Rev. J. Owen, Omaha Sociology 205-370 Dougherty on Omaha child-bearing age 267 games with cards 341 killickinnick 310 marriage customs 259, 263 number of children 264 plumstone shooting 334 Dress of Omaha dancers 344, 348, 346, 349, 350, 352, 353 Drinks of Omahas 309 Drunkenness broken up among Omahas 370

Early migration of ₵egiha tribes 211-213 Elections of Omaha chiefs 358 Elk gens, The 225-228 ; Names 227 ; Scouts 226 ; Style of wearing the hair 225 ; Taboo 225 ; The sacred tent 226 ; Worship of thunder 227 Elopement, Omaha marriage by 260 Etiquette, Omaha domestic 262

Falsehood detected among Omahas by ordeal 328, 370 Fasting in sun-dance 272 Feasting societies, Omaha 342 Feasts 270, 272 Feasts after return from war 331, 332 at election of chiefs 361 , Calumet 279 preliminary 276 , Hekana 354 Mandan 273 , Marriage 260 , The Wacicka 342 war preparatory 315, 319 Fetiches, Omaha 270 Fishing customs, Omaha 301, 302 traps 302 Fletcher, Miss A.C., described Dakota dances 298, 355 Foeticide among Omahas 263 Food among Omahas 303-310 ; Beans 308 ; Berries 306 ; Corn 304 ; nelumhium luteum 308 ; Modes of cooking corn 304, 305 ; fruits 306 ; meat 303 ; melons 306 ; nuts 307 ; pumpkins 306 ; roots 307 Fornication among Omahas 365 Fort, Old Ponka 313 Fruit as food among Omahas 306

Gahige cited as to creation myth 229 origin of Buffalo people 229 red corn 231 tradition of the pipes 222 Gens, The ₵atada 236-241 , Deerhead 245-247 , Elk 225-228 , Hañga 233-236 , Ictasanda 248-251 , Iñg¢e-jide 247 , Iñke-sabe 228-233 , Kansas 241 , Ma¢iñka-gaxe 242, 243 [T]e-sinde 244 Gentile assembly, The Omaha 362 system, The Omaha 215, 219-251 Ghost dance, The Omaha 353 Gifts bestowed at Omaha feasts 279, 281, 332 Government, The Omaha 356-363 Governmental instrumentalities 356 functions 356 Grizzly bear dance, The Omaha 349 Ground; Cultivation regulated by the Hañga gens 302

Hamilton, Rev. W., on Omaha customs after childbirth 264 gray Omaha children 275 cannibalism of Iowas 272 Hañga gens; Ceremony at death 233 ; Mythical origin of 233 ; Names 236 regulates certain feasts 272 regulates cultivation of the ground 302 regulates sacred pipes 221-224 regulates the buffalo hunt 284 ; Sacred pole 234 ; Sacred tents 233 ; Style of wearing the hair 235 ; Subgentes 235 ; Taboo 235 Harvest customs, Curious Omaha 238 Hede-watci dance, The Omaha 297 Hekana dance, The Omaha 353 Henshaw, H.W., Indian studies on Omaha native tobacco 309 Hides for Omaha clothing, Dressing 310 Horses in Omaha warfare, Capture of 326 Horse dance, The Omaha 348 Hospitality among Omahas 271 Hunting; Anointing the sacred pole 293 ; Approaching a herd of buffalo 289 ; Collecting the hearts and tongues 289 customs 283 , Departure for 285 , Directors of 280 ; Disposition of parts of a buffalo 293 ; Division of a slain buffalo 291 tribe into summer parties 299 , kinds of 283 ; buffalo eaten 292 ; Policemen 288 party attacked 300 preparations before departure 285 , Return from summer 300 scouts 287 seasons 283 , Sham fight after 295 the larger animals 300 ; Trapping 301 , Thanksgiving before return from 293 tribal circle 286 ; Two tribes together 299

Ictasanda gens; Names 240-251 ; Subgentes 249 ; Taboo 248 Industrial occupations of the Omahas 283-311 Industries among the Omahas, Protective 312-333 Regulative 356-363 Infanticide 263 International law among Omahas 368 Iñg¢e-jide gens, The Omaha 247 ; Decoration of skin-tents 248 ; Names 248 ; Subgentes 248 ; Taboo 248

Journey, Omaha preparation for a 275

Kansas gens, The Omaha 241-242 ; Subgentes 241 ; Taboo 241 Kinship, Omaha affinities of 255 , classes of 252 , consanguineous 253 , partial 252-258 , peculiarities of 254

Law among Omahas 364-370 as to maiming 365 quarreling and fighting 364 social vices 364-365 witchcraft 364 ; Corporation 367 for membership of gens 225 Government 367 , International 368 , Marriage 255-258 , Military 368 , National 367 , Personal 304-365 , Property 366 , Religious 368 Life of Omahas, Domestic 258-275

Make-no-fight dance, The Omaha 352 Mañ¢iñka-gaxe gens, The Omaha 242 Mandan dance, The 332 feast, The 273 Marriage, Age for Omaha 259 ; Celibacy among Omahas 269 customs among Omahas 259 feasts 260 laws of Omahas 255-258 , Permissive 257 , Prohibitory 256 ; Remarriage 258 ; Rights of parents 268 ; Widowers 268 ; Widows 267 among Omahas, permanence of 261 Meals, Omaha 271-273 Meat as food among Omahas 303 Medicines or fetiches carried on journeys by Omahas 276 Melons as food among Omahas 306 Membership of gens among Omahas, Law of 225 Migration of ₵egiha tribes 211-213 the Omahas 213-214 Military law of Omahas 368 Mode of approaching a village when visiting, Omaha 276 Murder by Omahas, Punishment of 369 ; accidental killing among Omahas 370 Musicians, Omaha 341

Names, Omaha birth 227, 231, 232, 236, 237, 239, 240, 243, 244 ,245, 248, 249 , gentile 227, 232-233, 235 ,236, 238, 239, 240, 241, 243, 244, 246, 248, 250, 251 , New, taken in war by Omahas 324 Narcotics, Omaha 309 Nikie names, meaning of 227 Nursing, Omaha 264 Nuts; Food among Omahas 307

Omahas, Accouchement among 263 , Agriculture among 302 ; Ama^nhe 269 Amusements. ( See Amusements.) ; Calumet dance 276 pipe 277 , Catamenia among 267 ; Charities 274 ; Chiefs 357, 358 , Child-bearing 263, 264 ; Classes in the state 216 , Clothing of 310 ; Corporations 218, 342 ; ₵atada gens 236 Dances 342-355 ; Deerhead gens 245 ; Domestic etiquette 262 life 259 ; Drinks 309 ; Elk gens 225 ; Fasting 266, 317, 319 Feasts among. ( See Feasts.) ; Fetiches 270, 317 ; Fishing 301 ; Food 303-309 ; Games 334-341 ; Gentes 215 ; Gentile system 219, 251 ; Government 356-363 ; Hañga gens 233 , Hunting among 283 ; Ictasanda gens 248 , Industries among 283-303, 310-311 ; Iñke-sabe gens 228 ; Iñg¢e-jide gens 247 ; Isinu 208 ; Kansas gens 241 ; Kinship system 252-255 ; Law 364 ; Ma¢iñka-gaxe gens 242 ; Marriage customs 259 laws 255, 267 ; Meals 271 ; Medicines or fetiches 276, 317 ; Method of camping 219, 220 ; Migrations of 213 ; Sociology 211-370 , Parental rights among 268 , Personal habits of 269 , Politeness 268 ; Preparations for attacking the enemy 326 ; Pregnancy among 263 ; Preparations for attacking the enemy 326 ; Present state of 214 ; Protective industries of 312 , Refugees among 268 , Regulative industries among 356 , Sacred pipes of 221 , tents of 221 , Servants among 217 , Societies among 342 , Sociology 205-370 ; Tribal circles 219 , visiting customs of 276 ; Wama^nhe 269 , warfare of 312 , Women among 266 Ordeal of the sacred bags, Omaha 328 Origin of Omaha ₵atada gens, Mythical 237 Ornaments of Omaha dancers, passim from 344

Pæderastia among Omahas 365 Parents of Omahas, Rights of 268 Pa[p]anka dance, The Omaha 353 Peace with another tribe, Omaha mode of making 368 Personal law of Omahas 364 Phratries, Omaha 215, 337 Pipe dance, Omaha 276 , The Calumet 277 Pipes, Keepers of the sacred 222, 223, 358, 363 , The Omaha sacred 221-224 , Tradition of the 222 Pitching tents, Omaha rules for 220-221 Plumstone shooting 334 Pole, Anointing the sacred 293 , The sacred 234, 293 Policemen, a class in the Omaha state 216 appointed in hunting, Omaha 288 war, Omaha 321 , Power of the Omaha 363 Politeness; Omahas 269-270 Polyandry among Omahas 261 Polygamy among Omahas 261 Ponka chiefs, Initiation of 359-360 dancing societies 355 games 334, 336, 337, 339, 340 Fort, Old 313 mode of camping 219 tradition of the sacred pole 234 Ponkas, but one pipe in pipe dance 282 migrations of 212-213 Powell, Maj. J.W., defines the state 215 Powers of Omaha principal chiefs 362 subordinate chiefs 362 keepers of sacred tents 362 pipes 363 Omaha policemen 363 Preparation of food among Omahas 303-310 Pregnancy among Omahas 263 Profanity not an Omaha vice 370 Property Omaha; debtors 367 , Omaha gentile 366 , household 366 , law of 366 , personal 366 , tribal 366 , theft of 367 Prostitution among Omahas 365 Protective industries of Omahas 312-333 Proverbs, Omaha 334 Pumpkins as food among Omahas 306 Puns, Omaha 334

Rattles, Collection of Indian, Omaha 278 Rape among Omahas 365 Refugees among Omahas, Rights of 268 Regulative industries of Omahas 356-363 Religion of Omahas 363 Religious law of Omahas 368 Remarriage among Omahas 258 Return from hunting, Omahas 300 Rice, wild 308 Riddles, Omaha 334 Roots as food among Omahas 307

Sacred pipes, The Omaha 221-224 , Keepers of the 222, 223, 358, 363 pole, The Omaha 234, 293 tents of Omahas 221, 226, 233 Salt used by Omahas 309 Schoopanism among Omahas 365 Scouts of Omahas 226, 287, 321 , Report of Omaha war 325 , Service of Omaha 226 , hunting 287, 288 Sections of Omaha subgentes 215, 237, 239, 240 Servants among Omahas 217-218 Sham fight, Omaha 295 Shooting arrows at a mark 339, 340 Shooting at the rolling wheel 335 , Order of, in the Wacicka dance 345 Singing, Omaha 279, 316, 320, 322, 323, 325 Skin bags in Omaha dances 343 Sleeping customs, Omaha 273 Social vices among Omahas 364-365 ; Adultery 364 ; Fornication 365 ; Pæderastia 365 ; Prostitution 365 ; Rape 365 ; Schoopanism 365 Societies among Omahas 342 Sociology, Omaha 205-370 Songs, Omaha war 320, 322, 323, 325, 331 State, Definition of the 215 , The Omaha 215-218 Stepmothers, Omaha 268 Stick and ring, Omaha game of 337 Stick counting 338 Subgentes, Omaha 215, 225, 230, 235, 236, 241, 242, 245, 248, 249 , Importance of the 258 , Referred to in A^nba-Hebe's tradition 222, 223 , Sections of 215, 237, 239, 240 , Subsections of 239 Sun-dance, The 297, 298, 355 , Fasting in 272 System of kinship, Omaha 252-255

Taboos of the Omaha gentes 225, 230, 231, 235, 237,238, 239, 240, 241, 244, 245, 248 Tents, Powers of the keepers of the sacred 362 , Rules for pitching 220-221 , The sacred 221, 226, 233 Thanksgiving before return from hunt, Omaha 293 Theft among Omahas 367 Thunder bird myth, Worship of 227 Tobacco of the Omahas 309 Tradition of the pipes, Omaha 222 sacred pole, Omaha 234 , Ponka 234 Trapping, Omaha 301 Traps, Omaha fish 302 Tribal circles, Omaha 219, 220, 286 council, The Omaha 361 Tukala dance obtained from the Dakotas, The 354 Two Crows cited in Omaha Sociology passim 205-370

Vices, Omaha social 364 Visiting customs, Omaha 276-282 Visitors' dance of relating exploits, Omaha 352

Wacicka dance, The 342 War customs of the Omahas: In defensive 312-314 In preparation for defensive 313 In preparation for offensive 315, 319 Behavior of those at home 325 Captured horses 326 Feast 315, 319 Followers, uninvited 317 Large party 318 Mandan dance 332 New names taken 324 Officers 318, 319, 321 Opening of the sacred bags 321 Ordeal of the sacred bags 328 Order of camping 323 Order of march 321 Policemen 321 Preparation for attack 326 Preparation for starting 317 Report of scouts 325 Return of party 328 Rewards of bravery 329 Sacred bags 319, 321, 322 Scalp dance 330 Secret departure 317 Small party 315 Songs 320, 332, 323, 325, 331 Treatment of captives 313, 332 Treatment of wounded foes 332 Wars, Origin of Omaha 312 unlike old world, Indian 312 Warriors assume new names on the way, Omaha and Ponka 324 Wearing hair in the Hañga gens, Style of 235 Wheel, Omaha shooting at the rolling 335 Widowers, Omaha 268 Widows, Omaha 267 Wolf dance, The Omaha 348 Women, Game of ball by Omaha 338 , Social standing of Omaha 266 Worship of the thunder, Omaha 227

[Transcriber's Note:

Inconsistent spelling and hyphenation are as in the original.]