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The Crows made numerous alliances and peace pacts to maintain their country and way of life,{Weist 1977, 34-54) but according to Denig, they were never the first to to break the peace (Denig 1856, 152).
Denig also reported that that there was only one known case of murder in 12 years. In fact all the literature only documents three cases of murder (Lowie 1935, 10, 11; Denig 1856, 150). The punishment in one case was death at the hand of the brother of the victim. But, in the second case gifts of horses, conciliation between the families, and passing of the peace pipe to the parties from the chief ended the matter, alhough the murderer was thereafter shunned by the tribe. The third case ended in a similar way. The defendent left the camp and lived with the Snake Indians for 12 years. When he returned, his life was threatened, but not taken, by members of the clan of the victim. The defendent left camp again and never returned. These cases, and Denig's report show great reluctance on the part of the Crows to take life.

Is there a paradox between this war culture, and the peaceable, gentle nature of its members ? Or, can the two be reconciled or understood together? The answer comes with understanding of the Crow view of war itself. They did not see war as the deadly business of conquest of new territory and peoples as Western cultures practice. They were not imperialists or colonists. To be sure, they sought to protect their beloved "Crow Country." They also sought booty, primarily horses. But war, to them was also a very exciting dangerous sport, a deadly game. They thrilled at the excitment, and loved to return home to the adornment of wives and sweethearts. There would be coups to count at the campfire, recognition, leadership positions, endearment to their way of life. Killing the enemy was not a coveted coup, but to endanger one's own life by merely touching the enemy was a most sought feat. Likewise, stealing horses could be done by capturing those that were outside a enemy village; but to gain a coup, a man had go into the enemy camp and snatch the horse from underneath their nose. There were elements of Crow war, more like sport, and recreation.

Reconciliation of the paradox comes by understanding the Crow personality. They were fun loving, sportive, adventuresome, yet fiercely protective of their land and resources. They enjoyed and revered life. They maintained a balance between humanity and necessity, between individualism and altruism, between war and peace.
This attitude has carried over into the perspective Crows seem to exhibit in sports today. While they compete with great intensity, they often smile, laugh, and tease their fellow players right at the most crucial part of a game, thus appearing to take the game less "seriously" than their white counterparts.

JURAL POSTULATES OF THE CROW NATION
With this understanding of the salient features of the Crow culture of the buffalo days, it is possible to spell out axiomatic assumptions, or self-evident truths Crows held about the nature of their world. These will be stated according to the methods E. Adamson Hoebel developed for defining the laws of a society from investigation of its ideological rules, behavioral patterns, and "instances of hitch, dispute, grievance, trouble," and as set forth in his work entitled, The Law- of Primitive Man: A Study of Comparative Legal Dynamics {Hoebel 1954, 13; Strickland 1975, 21). Postulates will be posed that state "the broadly generalized propositions held by the members of the Crow "society as to the nature of things and as to what is qualitively desirable and undesirable" (Ibid.)- The jural postulates inducted from the literature that describes the Crow way of life during the buffalo days ( Beckwourth 1856; Catlin 1841; Curtis 1909; Denig 1856; Irving 1836, 1837; Larpenteur 1898; LeForge 1928; Larocque 1805; Linderman 1930, 1932; Lewie 1935, 1954; Medicine Crow 1939; Nabokov 1988; Old Horn 1989; Pease 1989; Sims 1903, 1904) are as follows:

1. The land, Crow Country, is vital to the life of the individual and the tribe. Constant warfare is necessary to preserve it for the Crow way of life.
Corollary: War is essential to individual self-expression of the male.

3. The individual has very few restraints upon his actions, but when necessary, he must act for the good of the tribe.

2.Supernatural powers or spirits reside in objects,plants and animals. The spirits can appear to a man in a vision and give him their powers, With these powers
he can earn military, political, social, economic, and familial status.
3.The well being of the individual and of the tribe is related to numbers of horses owned.
4.Tribal chiefs are chosen by empirical measure of a man's success as a leader. He leads only as long as the group prospers; bad fortune diminishes his achievements and calls for a new leader.

5.Marriage is not permitted with a member of one's
clan. Other clan rules are important.

6.Sexual fidelity in marriage is the ideal, but
infidelity is condoned.

7.The law is enforced primarily by affecting a person's recognised status in the tribe. Capital punishment is discouraged.

8.Women ordinarily care for the lodge, cook, prepare hides, but are free to seek visions, even go to war, if they desire; they hold their own property and enjoy great freedom.

The Crow law takes for its underlying assumptions these postulates. Like Timberlake, the early observer of traditional Cherokee society, who concluded "there is no law nor subjection amongst" the Cherokee (Strickland 1975, 10), Denig, as a Crow observer in 1856, also errored by concluding the Crow were "a savage nation, living without any law and but little domestic regulation of any kind" (Denig 1856, 150). However, in fairness to Denig, he may have had another definition of law in mind when he made his statement, for he finishes by marveling that Crows "should be able to settle all their individual quarrels with each other without bloodshed, while yearly brawls and murders take place among the rest of the tribes" (Ibid.). Such a statement obviously recognizes that a very effective system for maintaining order was in place. He merely failed to see the system as laws by the Hoebel definition, social norms, the neglect or infraction of which "is regularly met, in threat or in fact, by the application of physical force by an individual or group possessing the socially recognized privilege of so acting" {Hoebel 1954, 28). This paper, using the Hoebel method, will articulate that effective system, as if it were a more formal legal system.

But, before describing the Crow law itself, something should be said about the judical function, law enforcement, and methods of punishment in Crow society.
As stated above, the chiefs held very little governmental power. Apparently none of them, including the owner of the camp, held judicial power ( Lowie 1935, 5). They seem to have acted as advisors and mediators, but not decision makers, during times of disputes or deviation (Medicine Crow 1939).
The chiefs, or elders of the clans also functioned as advisors or mediators in a very important way. If a crime was committed they would intervene between the parties, reminding them of the first motto of conduct for Crows, "Keep your heart good, for the good of the tribe" (LeForge 1928, 182). Internal discord would weaken defenses against external foes. Thus a real atomisphere of conciliation, forgiveness, and restitution was cultivated in dispute situations.
This is illustrated by a murder case reported by Lowie Lowie 1935, 5). A member of the Whistling Water Clan recaptured a horse stolen by Sioux. While returning with the horse, his companion, a member of the Sor-lip Clan, coveted the horse and killed the Whistling Water for it. When the clansmen of the Sor-lips learned of the foul deed, they brought many horses loaded with gifts to the greiving father of the victim. The chief of the Sor-lips offered the sacred peace-pipe to head of the Whistling Waters, who after counciling with his clansmen, accepted out of deference to the pipe. The murder's deed, according to Lowie, was forgiven, alhough LeForge reports that thereafter nobody would associate with him (LeForge 1928, 145, 146) .
This method of mediation, restitution, ostracism, and conciliation, facilitated by the clan organizations, was a very effectual way to quickly resolve disputes and maintain internal unity necessary to martial war forces. Its importance can not be over stated.

Other than individual imposition of sanctions, the principal judicary of the Crow was the dog soldiers, or camp police, which has been briefly described above. They had authority to whip any person who violated rules of the communal hunts (Lowie 1935, 5) damaged the camp (LeForge 1928, 145,146), or drank liquor, a practice the Crows avoided from the time of the first trappers appeared in 1807 until dispondency overtook them after the buffalo disappeared (Ibid., 203; Larpenteur 1898, vol. 1, p. 45).

The dog soldiers also meted out the punishment as has already been outlined. In domestic situations, the parties involved acted, or a clansman might, with approval of those in camp, take the necessary sanctions. A good example is reported by LeForge (LeForge 1928, 203). He had two wifes for awhile. They got along, but their mothers did not. The mother of one wife came one day and took her daughter back to her own lodge, along with exactly half of Leforge's lodge and everything in it. All that remained was half the poles a ripped covering, and pieces of other articles. Later the brother of the departed wife came to Leforge and said, "this is is very bad." The next day he gave Leforge six horses and all was well.
This is also a good example supporting Denig's correct observation of self-regulation among the Crow. Again, this is consistant with the needs of a war society. Internal harmony is essential for a small group maintaining prime territory against larger groups surrounding it

The jural postulates on war also exhibit themselves in the area of punishment. Lives were precious to this small military force. Their adoption of captive women and children attests to their preceived need to maintain numbers. Two of the three reported murder cases verify compensation, conciliation, and acceptence of the peace pipe as the means of resolution of murder cases. For this reason it is postulated that capital punishment was not practiced as the norm. Medicine Crow concured when he said, "In spite of the threats to take the murder's life, the usual settlement was restitution. Armed vengenence was never successfully resorted to, as the keeper of the peace-pipe would intercede and ask the parties to smoke the sacred pipe and invite peace. "The peace-pipe was never refused as it was taboo to refuse it when offered" (Medicine Crow 1939, 63). Beckwourth went so far as to say that it would mean instant death to any person who refused to take the pipe and thereby be reconciled with his neighbor (Beckwourth 1856, 175). When Dale Old Horn was asked what would happen if a person refused the pipe, he could not answer, except to say that it just was not done (Old Horn 1989, interview). What a great society that could develop a ritual--the offering of the calumet--as a fail-safe method of reconciling feuding parties.

The extreme punishment was banishment from the tribe. As reported above, this was inflicted on Leforge for a month, and on one murderer for life. It was most effective. If for a period, the condemned had to fare for himself in a hostile wilderness, his life was endangered. He was ostracized from a society from which he was quite dependent, inspite of the appearance of independence in daily pursuits.
Alligned with ostracism was ridicule.  This was regularilypracticed by the "teasing clans." All sought status with the group, making teasing very effective as a means of controlling behavior.
Finally, the law was enforced by economic sanctions, principally by confiscation of a person's horses. Horses were the medium of exchange, the symbol of status, the mode of transportation, and the means of getting food, shelter, and clothing. To lose a horse was to jeopardize life. Here again, was effective law enforcement, sanctions that kept a person motivated to contribute to the defense of the nation as required by the way of the Crow.

CRIMES AND TORTS
Medicine Crow points out that crimes were adjusted between the parties and their clans, even in the case of murder; no formal judiciary was involved {Medicine Crow 1939, 63). The only exception to this would be offenses committed in time of war or during the communal hunt. Such circumstances demanded immediate whippings or other sanction, by the dog soldiers to maintain order at such critical times.
This system recognized no difference between crimes- and torts; both called for restitution, reconciliation/ and correction. In this sense crime was identical with tort, as Medicine Crow noted (Ibid., 62, 63).
The major crimes and torts, and the law pertaiing to them, according to 37 cases gleaned from the literature listed above, were as follows.
Murder. Murder was the most serious crime. The judiciary, punishment, and enforcing agency has already been explained. The only additional information necessary it ought to be noted that the method of trial or determination of fact appears to have been confrontation, dialogue, and mediation between the parties involved and any clansmen or elders involved. Use of the peace pipe was important. No cases of fact dispute are reported. It is assumed that parties were generally truthful, and that communal living made for many witnesses.
Theft Theft was handled like property damage, as described above. If possible the article was taken back by its owner. If this could not be done, horses or other property was forfeited (Medicine Crow 1939, 63, 64). If a person had no property, that of his family could be taken (Denig 1856, 150).
Adultery Adultery, inspite of a high incidence of infedility, and the practice of wife-capturing, was considered a serious offense (Medicine Crow 1939, 64). The injured spouse had the priviledge of flogging both the domestic offender and the paramour. Confiscation of property of the paramour was also condoned. Condemation, probably in the form of teasing, also followed.
Slander It is interesting to note that Medicine Crow lists slander as major offense (Medicine Crow 1939, 63, 64). "The inidividual Crow would not stand up for a moment against an adverse public or even private opinion of him. To belong to the tribe was the ideal, and a man would not risk expulsion;" Those offended often vowed to kill, and had to be approached with the sacred pipe to prevent injury. A great deal of conciliation had to occur to get the matter to' a point where it might be forgotten. Here, again, the tribal need for unity is demonstrated, as well as the need each individual felt to be accepted by the group. An offense against his status was in deed grave.
Clan Offenses. As has already been mentioned, there were many clan offenses.  An offense was adjusted by the parties

involved. Leforge tells how this often occurred. He was guilty, even though unknowingly, of making a congenial flirtation to his brother-in-law's wife, who was disguised under a blanket in the dark. When his adoptive mother learned of the incident the next day she came to Leforge's lodge and said only, "Where is that pretty shirt you have?" She then dug it out, took it, left the lodge, and gave it to the brother-in-law's wife. Leforge lamented that he hated to loose that shirt, but glad to do anything to square things with his in laws.
These were the principal laws of the Crow Nation. They were few, but effective, and harmonious with the underlying beliefs and social objectives of the nation. Whenever the call of the camp crier came from the chief to move camp, all would gladly obey the law. First of a line miles long would be the camp chief with his robes, bonnet, and badges of his many coups. Then the rest would follow in single file, stretching along the creek banks, over the hills, and beneath the peaks of the Big Horn Mountains. The scouts, called wolves, would be out miles in advance, and to the rear, on knolls or high points, looking for the enemy that threatened their sacred country and beloved people. The warriors held close to them their bow, gun, and medicine bundle, ready to defend, and enjoy the sport, the religion, the profession, and the government of war.

TRAGEDY AND TREACHERY
This Crow way lasted until the the four factors that produced it vanished, that is, until the buffalo, the horse, the land, and the chiefs were gone. There is a tragic and treacherous story that goes with the end of the Crow Nation as it was during the buffalo days. It is a story that lies outside the scope of this paper. But a very brief outline will tie the Crow past to the present.
As already mentioned, the Crows never warred with the whites. Commencing in 1825, they made treaties with the United States for protection from their enemies, as part of their alliance strategy (Weist 1977. They made two more treaties with the United States, one in 1851 and one in 1868. In each they were promised a territory free from their enemies and from white men. Thus, the defense of the Crow Nation was turned over to the United States, to the white man. The fox was asked to gaurd the the hen house. War, as the Crows knew it, not against whites, but against their, traditional Indian foes, was ended. The tragedy of this decision was not immediately apparent, for even though technically confined to a reservation beginning from 1868, the Crow way of life continued. Then commencing in 1881, the treachery of the white man suddenly made the tragedy apparent as a rapid succession of events brought the end of the Crow way of the buffalo days.
 

The Northern Pacific Railroad was completed to Billings,was enough. But greed has no bounds. Armed with with an idea in their minds that God had "destined" their superior race to turn Crow Country into the "garden of eden," whites then turned on the Crows themselves. The paradise whites would make had no place for Crow savages. It seemed logical that they too ought to go the way the buffalo and horse had gone. The implication, inspite of the law and stated policy, was genocide (Strickland 1986). The Yellowstone Journal a newspaper of the cow town, Miles City, where the cattle herds ended the trail from Texas, proclaimed that, "Perhaps, however the best settlement of the whole Indian problem would be Secretary Schurz's propostion to convert them into settlers forcing them to enter upon and cultivate the land on the same footing with whites. That would finish them" (Western Historical Publishing Co. 1907, 336). And again, speaking of Crows: "There is evident determination among ranchers and stockmen to take the law in their own hands should trouble wax greater, and extermination at the hands of these hardy pioneers will be about what these hostiles will get" (Ibid.).
The battle of the Little Big Horn in 1876, gave whites the perfect opportunity to establish a policy almost as effective as actual genocide. America was outraged over the death of Custer and all his men. Something had to be done about the "Indian problem."
Immediately new forts were built in all of the northern plains, to insure that "hostiles" stayed on their respective reservations.  One such fort was Fort Custer, at the mouth of the Little Horn, in Crow Country. It proved effective in warding off Sioux, Cheyenne and the Piegan, but it also confined the Crow. Two Leggings led the last war party against Sioux who had refused to stay on their reservation. This was early summer 1888 (Nabokov 1967, 193). But it was a raid unlike any of the past; times had changed. Raids were forbidden by the agent. Two Leggings and his friend, Pretty Old Man, met beyond Fort Custer on ration day. Then, on their horses they rode north to Pine Ridge, tracted down the party of Sioux and took one scalp. After the encounter, they got cold and held up in a section house of the railroad near Ballintine, Montana.
The Sioux never came back to Crow Country, and Crows were not allowed to leave the reservation. Thus, the whites ended Crow wars.
As alluded to at the beginning, this raised a serious problem for Crow government. After the last war party, how could warriors earn coups? And without war, how would the Crows "elect" their leaders? The Crow Nation, at least as it then existed, became terminally ill the day after Two Legging's last raid. Two Leggings knew it, when he concluded his accounting for the last raid by saying, "Nothing happened after that. We just lived. There were no more war parties, no capturing of horses from the Piegans and Sioux, no buffalo to hunt. There is nothing more to tell." And he refused to say any more {Ibid., 197). And Plenty Coups ended dictation of his biography by saying, "But when the buffa]o went away the hearts of our people fell to the ground, and they could not lift them up again- After this nothing happened" (Linderman 1930, 311).
 

As stated at the beginning, Plenty Coups was the last chief to die, March 4, 1932. On that day, the buffalo were gone, the horses were gone, the land was in the hands of the greedy whites, and the last chief was dead. The Crow Nation had no way to choose new leaders. No more coups were counted.
As Plenty Coups observed, the people's hearts fell to the ground, and so far they have not been able to fully lift them up again.


Consequently, the Nation today, has an enemy more threatening than the white racist ranchers that control Crow lands with an oppressive fist. That enemy is factionalism, contention, dis-unity, moral degredation, and alcoholism, the results of a century without the sweet unity and social cohesion of the Crow war society, under the chiefs and warriors.
Those racist ranchers must have been very happy to read in their local rag, the Big Horn County News, for October 18, 1989, as follows:
"Violence truncated the October Crow Tribal Council meeting Saturday afternoon and sent Crow factions into different arenas as the struggle for control of the tribe and its $30 million in assets continues.
'It's a black day for the Crow Tribe--yes, it's a black day for the Crow Tribe,' said Joe Medicine Crow, tribal historian and internationally famous anthropolist as he watched fellow Crows ficht with one another inside Ivan

Hoops Memorial Hall.
The retiredMedicineCrow had found himself what he hoped was asafe haven as individual fights, fleeing people, and onlookersturned the Council proceedins to chaos.
Business Manager Howe wasn't as lucky. He was beaten and treated at the nearby Crow Agency Hospital. About ten people were eventually treated for injuries.
Yes, it was a black day October 18, 1989. Black without the buffalo, the horse the land, or a chief. But, most black because the Crows, without war, without their war leaders, lack unity and direction. Individualists and feuding clans no longer have that ancient reason to sacrifice their wants for the needs of their nation. Without war, there is only factionalism and dissension, which has now lead to violence within their nation. The Crow Nation has yet to recover from the tragedy and treachery whereby the promising white man took the nation that was. But, the land, resources, and the people still exist. They only need to find a substitute for war--maybe a political war for control of their beloved Crow Country. Something is needed to renew some of the old ways, or at least their benefical effects, so that when the peace-pipe is passed in these times of feuds and violence, the great Crow people of the Crow Nation will not dare refuse it, but will again be one, as they were in the days of the buffalo.


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Windy Boy, Janine
1986-89 Interviews and Conversations with Author, Little Big Horn College, Crow Agency, Montana.


Whaley, Ed
1986  Deposition, In the Matter of Clarence Thomas Belue, Cause No. 86-340, In the Supreme Court of The State of Montana. December 22, 1986.

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MT. State
web site

GenTrails
Big Horn county.

Crow Reservation

WELCOME TO A VIEW OF MONTANA IN THE SUMMER TIME.

This site includes Crow and homesteader genealogy information. Many names of early Montanans in border crossings from Canada, Military wars, census information, history. I do answer queries and help you get started. If you have data to contribute please e-mail me.
My name is Jo Ann Boyd Scott and as your host I try to post as much data online online as possible in order to make it freely available to all.
I gratefully accept contributions of raw data such as census information, marriage/birth/death records, obituaries, county histories, biographies, old newspaper items, maps, anything that would help someone build their family tree!! E-mail me.
This site is linked to and from the websites, Montana State Genealogy Trails site which includes a list of all the 56 counties in Montana; to the Big Horn County Genealogy Trails site and to the Crow Reservation site.

Data is added daily to this site and the above sites. New is the beginning of the 1885-1914 Indian Census;new banner and Miss Indian America, Lucy Yellow Mule from Wyola, MT. A history is included. This can be found on Sheridan County Wyoming web site.

I have included some pictures of Montana from my favorite photographer, Montana Native -Joe! Thanks for the picture.Look for the trout in the first one. This water stays at 40 degrees in the summer. See the fish?

All data on this website is © Copyright 2007 by Genealogy Trails
with full rights reserved for original submitters. E-Mail Jo Ann

WY. State Site

Sheridan WY. the nearest large town to the reservation.