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.
There is scarcely any temptation which the Indian tribes have to encounter so frequently, and so seriously fatal to their social improvement, as intemperance. Of this they are conscious themselves, and most of them have adopted measures for prohibiting the introduction of ardent spirits among them, and for checking the propensity to use them, with various degrees of success. Among the Choctaws, a law was passed upon this subject, which, though not entirely, was measurably successful; and the spirit which effected its passage was worthy of the most exalted state of civilization.
It seems that the tribe had generally become sensible [Pg313] of the pernicious influences of strong drink upon their prosperity and happiness, and had attempted various plans for its suppression, without success. At last, it was determined by the chiefs, captains, and head men, to strike a blow which should reach the very root of the evil at once. A council was called, and many and long were the speeches which were made, and much enthusiasm was created against the monster 'Whiskey,' and all his brood of compound enormities. Still every one seemed loth to move his arrest and execution. Finally, a { 270} captain of more than ordinary temerity arose, and offered a resolution that each and every individual who should thenceforward dare to introduce any of the liquid curses into their country, should be punished with a hundred lashes on his bare back, and the liquor be poured out. This was passed, after some slight changes, by acclamation: but, with a due sense of the injustice of _ex-post-facto_ restrictions, all those who had liquors on hand were permitted to sell them. The council adjourned; but the members soon began to canvass among each other the pernicious consequences which might result from the protracted use of the whiskey already in the shops, and therefore concluded the quicker it was drank up, the more promptly would the evil be over: so, falling to, in less than two hours Bacchus never mustered a drunker troop than were these same temperance legislators. The consequences of their determination were of lasting importance to them. The law, with some slight improvements, has ever since been rigorously enforced.
