(20) Peace towns and towns of refuge (p. 51): Towns of refuge existed
among the Cherokee, the Creeks, and probably other Indian tribes, as
well as among the ancient Hebrews, the institution being a merciful
provision for softening the harshness of the primitive law, which
required a life for a life. We learn from Deuteronomy that Moses
appointed three cities on the east side of Jordan "that the slayer
might flee thither which should kill his neighbor unawares and hated
him not in times past, and that fleeing into one of these cities he
might live." It was also ordained that as more territory was conquered
from the heathen three additional cities should be thus set aside as
havens of refuge for those who should accidentally take human life,
and where they should be safe until the matter could be adjusted. The
wilful murderer, however, was not to be sheltered, but delivered up
to punishment without pity (Deut. IV, 41-43, and XIX, 1-11).
Echota, the ancient Cherokee capital near the mouth of Little
Tennessee, was the Cherokee town of refuge, commonly designated as the
"white town" or "peace town." According to Adair, the Cherokee in his
time, although extremely degenerate in other things, still observed
the law so strictly in this regard that even a wilful murderer who
might succeed in making his escape to that town was safe so long
as he remained there, although, unless the matter was compounded in
the meantime, the friends of the slain person would seldom allow him
to reach home alive after leaving it. He tells how a trader who had
killed an Indian to protect his own property took refuge in Echota,
and after having been there for some months prepared to return to
his trading store, which was but a short distance away, but was
assured by the chiefs that he would be killed if he ventured outside
the town. He was accordingly obliged to stay a longer time until the
tears of the bereaved relatives had been wiped away with presents. In
another place the same author tells how a Cherokee, having killed a
trader, was pursued and attempted to take refuge in the town, but
was driven off into the river as soon as he came in sight by the
inhabitants, who feared either to have their town polluted by the
shedding of blood or to provoke the English by giving him sanctuary
(Adair, American Indians, p. 158, 1775). In 1768 Oconostota, speaking
on behalf of the Cherokee delegates who had come to Johnson Hall to
make peace with the Iroquois, said: "We come from Chotte, where the
wise [white?] house, the house of peace is erected" (treaty record,
1768, New York Colonial Documents, VIII, p. 42, 1857). In 1786 the
friendly Cherokee made "Chota" the watchword by which the Americans
might be able to distinguish them from the hostile Creeks (Ramsey,
Tennessee, p. 343). From conversation with old Cherokee it seems
probable that in cases where no satisfaction was made by the relatives
of the man-slayer he continued to reside close within the limits of
Public-domain text, read in full here on John Shaqi.
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