448 TRIBES OF THE UPPER MISSOURI [eth. ANN. 46 



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 recouncilled and settled in order the next time. Dif- 

 ferent 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 coun- 

 cil 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 imme- 

 diately 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 resem- 

 bling 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 sue- 



