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. (<i>See</i> 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. (<i>See</i> 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, <i>passim</i> 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 <i>passim</i> 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.]