216 OMAHA SOCIOLOGY. 



tbe species constitute the larger body of the law. The law regulates 

 marriage and the rights and duties of the several members of a body of 

 kindred to each other. Individuals are held responsible," chiefly " to 

 their kindred; and certain groups of kindred are held responsible," in 

 some cases, " to other groups of kindred. When other conduct, such as 

 the distribution of game taken from the forest or fish from the sea, is re- 

 gulated, the rules or laws pertaining thereto involve the considerations 

 of kinship," to a certain extent. (See Chapter XII, § 303.) 



DIFFERENTIATION OF ORGANS IN THE STATE. 



§7. The legislative, executive, and judicial functions have uot been 

 differentiated. (See Government, Chapter XI.) 



Whether the second mode of differentiation has taken place among 

 the Omahas, and just iu the order described by Major Powell, is an open 

 question. This mode is thus stated : " Second, by the multiplication 

 of the orders of units and the specialization of the subordinate units so 

 that subordinate organizations perforin special functions. Thus cities 

 may be divided into wards, counties into towns." Subgentes, as well 

 as gentes, were necessary among the Omahas for marriage purposes, as 

 is shown in §§ 57, 78, etc. The recent tendency has been to centraliza- 

 tion or consolidation, whereas there are strong reasons for believing that 

 each gens had four subgentes at the first; several subgentes having 

 become few in number of persons have been united to the remaining 

 and more powerful subgentes of their respective gentes. 



The third mode of differentiations of organs iu the State is " by mul- 

 tiplication of corporations for specific purposes." The writer has not 

 yet been able to find any traces of this mode among the Omahas and 

 coguate tribes. 



§ 8. Two classes of organization are found in the constitution of the 

 State, " those relating directly to the government, called major organ- 

 izations, and those relating indirectly to the government, called minor 

 organizations." The former embraces the State classes, the latter, cor- 

 porations. 



STATE CLASSES. 



These have not been clearly differentiated. Three classes of men have 

 been recoguized: Nikagahi, wanace, and cenujin'ga. 



In civil affairs, the nikagahi are the chiefs, exercising legislative, ex- 

 ecutive, and judicial functions. They alone have a voice iu the tribal 

 assembly, which is composed of them. The wanace, policemen, or braves, 

 are the servants or messengers of the chiefs, and during the surround- 



