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62 p.5. 64 Punishment of criminals

The brother or nearest male relative was the avenger of blood, yet the ancient Cherokees had four towns set apart for the protection of such as unintentionally slew some person. And besides these four towns, every priests' door yard was a refuge; and if the man slayer only came in sight of the High priest, the avenger of blood could not touch him.

When a man slayer fled to a priest, the priest either blew his trumpet or directed his messenger to call the town together, and then in their presence declared the man acquitted. When, on farther examination, it appeared that the man was really guilty, he was not publicly condemned, but was privately exposed to the shafts of death either in battle or some other way, so as, generally, to be soon taken away. Public criminals were sometimes stoned, or killed with some weapon, but more generally were taken to the top of a high precipice, where, having their elbows tied behind them, and their feet drawn up, & tied under them, were cast headlong and dashed to pieces on the rocks below.

In punishing more trifling offences the law of retaliation was strictly observed, "an eye for an eye" &c. (Johnson Pridget). Beside the king & his attendants, and the priests and their counsellors, there were certain elders, or old men residing at or near the council house, whose influence and authority were considerable, especially among the boys and young people. There were also under officers overseeing almost every branch of business with which the Indians were acquainted.

But beside the civil authorities the war department was completely furnished with a distinct set of officers, at the head of whom was the captain of the host called A ska yu gu stu e go. In contemplating the character of this officer, we should sometimes suspect him as being both captain of the host, and high priest for the wars at the same time, and again we should consider him only the captains of the host. From the manner of his induction into office, however, it would seem that he held a priestly, as well as warlike character. The ceremonies on that occasion were as follows. The candidate, being nominated by the young warriors, and the nomination being approved by the war chiefs, was notified of the appointment and requested to accept the office. On his acceptance, if nothing special rendered his consecration immediately necessary, it was appointed on the next feast of green fruits. But of that feast was distant a number of months, and war was expected soon the consecration was deferred but twenty days. Previous to the time of meeting, his