It has become evident, however, that written laws and courts of justice, judges and juries, are still rather in advance of the state of civilization of the ruder classes, even among these most enlightened tribes. It has been found very difficult to bring them under their subordination. They have had, notwithstanding, a salutary effect in many cases, and especially with regard to murder. Among most of these nations (as well as the wild tribes), it was formerly the custom to leave the punishment of homicide to the relatives of the murdered. With the Choctaws and Cherokees, in particular, the entire clan or family of the murderer were held responsible for the crime; and though the real offender might escape, the bereaved family had a right to kill any one of his nearest relatives that could be found, up to the most remote kindred. There seemed no exceptions for accidental homicide, or killing in self-defence: the Mosaic precept of 'life for life' must be fulfilled, unless satisfactorily commuted. This savage custom had at least one salutary effect, however: the relatives themselves, instead of assisting {268} the escape, as so often occurs in civilized life, were generally the first to apprehend and bring the fugitive criminal to justice. But among the Choctaws, at least, any one might take the place of the murderer, and in the death of the substitute the law was satisfied, and the true criminal remained exempt. An intelligent and creditable Choctaw related to me an affecting incident, for the truth of which he vouched. An Indian had remained responsible for the appearance, on a certain day, of his brother, who had killed a man. [Pg312] When the day arrived, the murderer exhibited some reluctance to fulfil the pledge, when the other said to him: "My brother, you are no brave--you are afraid to die--stay here and take care of my family--I will die in your place:" whereupon he immediately attended the appointed spot, and was executed accordingly. The highest honor known among them, in fact, being that of a 'great brave,' it reflected the greatest credit to meet death boldly. Instead of being visited by his tribe with infamy for the crime he had committed, it rather tended to make his name illustrious, if he met the consequences without fear or flinching: whereas, any effort to avoid death was attributed to cowardice. It would have been esteemed quite as ignominious for the murderer to flee the established forfeit of his life, as for a 'gentleman' under the 'civilized code of honor,' to back out from a duel. But among most of the frontier, as also the {269} wild tribes, a commutation, though not honorable to the perpetrator, was and still is permitted, except by the Cherokees and Choctaws. Any recompense which would satisfy the bereft family, released the murderer from further penalty.