No laws have yet been passed to enforce the payment of debts, except by the Cherokees; and these found it necessary to suspend their operation for two years. Even the most improved have not prohibited polygamy by any law; though, from the example of the whites and of the more civilized among them, as well as the exertions of the missionaries, it is growing out of repute with most of the border nations. It is still occasionally practised, however; and the ruder classes among them all, I believe, sometimes still take any number of wives, and divorce them at pleasure. But the more enlightened are married by preachers, or authorized civil officers.
With the united nation of Choctaws and Chickasaws, the executive power is vested in four chiefs, called in Choctaw _mingoes_, who are selected one from each of the districts into which the country is divided, { 267} and of which the Chickasaw tribe constitutes one.[199] These chiefs are vested with the usual veto and pardoning powers, and are elected [Pg311] for four years. Most of their other constitutional provisions resemble those of the Cherokees. The Choctaws, as well as the Creeks, punish the crime of murder with death by shooting, which is generally executed immediately after trial, by the 'light-horse.'
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.