republican form.
The council was the representative body which gave expression to the
will of the people. True the council was selected by the chief of the
clan, but his very tenure of office depended upon his using the nicest
discretion in inviting into his cabinet the men of character, valor and
influence, so that the body was almost invariably entirely
representative of popular views and interests. Caste cut a considerable
figure; indeed it has been said by those most intimate with Sioux life
that there is as much caste among the Dakotas as among the Hindus.[2]
Only high caste men of course would be permitted to sit in the
deliberations, but when a council was to be convened the ordinary
practice was for the chief's crier to go out and announce to the camp
that a matter was to be considered in council, and the head men at once
assembled and seated themselves in the council circle as a matter of
course and of right.[3] The chief, unquestionably a man of courage and
physical power, was an executive officer who rarely asserted arbitrary
rule, particularly in civil affairs, for the Sioux were too high
spirited a people to tolerate anything savoring of despotism. Usually
he was suave, diplomatic and tolerant, and enjoyed the affection and
veneration of his people. Most public affairs were determined in the
general council, including many subjects naturally falling within the
jurisdiction of courts of justice, but aside from the council were two
distinct courts, one exercising jurisdiction in matters civil and
criminal in times of peace; the other taking the broadest and most
comprehensive jurisdiction of all things military, and in time of war
assuming jurisdiction in all of the affairs of the people, arbitrarily
placing the camp under martial law.

[2] Miss Mary C. Collins, for thirty-three years missionary among
the Tetons, especially the Hunkpapa and Blackfoot bands.

[3] Letter of Dr. Thomas L. Riggs, to writer, June, 1903.

The judges of these courts were usually twelve in number and held their
places by hereditary right, though occasionally some low caste man,
through some brilliant exploit would break into this exclusive and
aristocratic circle and sometimes even exercised dominating influence
which the aristocrats dared not oppose, though he was still regarded as
a plebian upstart, and was despised by the upper ten, and his rank died
with him. Ordinarily from seven to twelve judges sat for the