When all was water, the animals lived above in Galunlati but it was very crowded and they wanted more room. Dayunisi, the little Water-beetle, offered to go see what was below the water. It repeatedly dived to the bottom and came up with soft mud eventually forming the island we call earth. The island was suspended by cords at each of the cardinal points to the sky vault, which is solid rock.

Birds were sent down to find a dry place to live but none could be found. The Great Buzzard, the father of all buzzards we see now, flew down close to the earth while it was still soft. He became tired and his wings began to strike the ground. Where they struck the earth became a valley and where they rose up again became a mountain and thus the Cherokee country was created.

The animals came down after the earth dried but all was dark so they set the sun in a track to go every day across the island from east to west. At first the sun was too close to the island and too hot. They raised the sun again and again, seven times, until it was the right height just under the sky arch. The highest place, Gulkwagine Digalunlatiyun, is "the seventh height".

The animals and plants were told to keep watch for seven nights but as the days passed many begin to fall asleep until on the seventh night only the owl, panther, and a couple of others were still awake. These were given the power to see in the dark and prey on the birds and animals that sleep at night. Of the plants, only the cedar, the pine, the spruce, the holly, and the laurel were awake to the end and were therefore given the power to be always green and to be the greatest medicine, but to the others it was said: "Because you have not endured to the end you shall lose your hair every winter." Men came after animals and plants.

At first there were only a brother and sister until he struck her with a fish and told her to multiply, and so it was. In seven days a child was born to her and thereafter every seven days another until there was danger that the world could not keep up with them. Then it was made that a woman should have only one child in a year, and it has been so ever since.

from James Mooney's History, Myths, and Sacred Formulas of the Cherokees ISBN 0-914875-19-1

The Cherokee sometimes refer to themselves as Ani-Kituhwagi, "the people of Kituhwa". Kituhwa was the name of an ancient city, located near present Bryson City, NC which was the nucleus of the Cherokee Nation. The common English phonetic spelling today is "Keetoowah", a name used by traditionalist Cherokee groups like the Keetoowah Society (followers of traditional religion) and the United Keetoowah Band (a Federally recognized faction of predominantly full blood Cherokees).

The Legend of the Keetoowah, as recalled in 1930 by Levi B. Gritts, a prominent member of the traditionalist Keetoowah Society, places them on islands in the Atlantic Ocean east of South America. Anthropologists have discovered that Cherokee basket and pottery styles resemble those of South American and Caribbean tribes, differing from other tribes of the southeast U.S.. Seventy tribes attacked them but, by the guidance of God, they were victorious.

The last warrior of their attackers, Ner-du-er-gi, was on top of a mountain overlooking their camp in the deep valley below. This warrior saw a smoke arising from the camp which "extended up beyond Heaven". The smoke was divided into three parts and in that there was an eagle holding arrows. When the warrior and his followers saw this, he ordered them not to attack the Indians for they were God's people and powerful and if they attacked they would be destroyed. When God created these people he gave them great, mysterious power to be used for the best interests of the people. They lived in large cities with tall buildings.

Some wise men began to use their power different than was intended which troubled the people. God instructed them to take their white fire and move away from that place. Some went to Asia, some to India, and others to North America leaving the wise men behind. After they had gone to other countries, these large cities were destroyed when the ground sank and are now under the ocean. God turned to the people that came to America and gave them wisdom and guided them. There came a time when the people began to violate their teachings - committing crimes against each other, committing murders, and feuding between the seven clans.

The people met with their medicine men around their fire to ask God for guidance. The medicine men were inspired to go up to a high mountain, one at a time on each of seven days. On the seventh day, they heard a noise over them and a light brighter than day appeared and a voice said, "I am a messenger from God. God has heard your prayers and He has great passion for your people and from now on you shall be called Keetoowah. Go back to your fire and worship. There is a white ball from way east, who is your enemy, coming and your grandchildren's feet are directed west.

They shall have great trials on the edge of the prairie. They shall be divided into different factions and their blood shall be about only on half. Families shall be divided against each other and they shall disregard their chiefs, leaders, medicine men, and captains. But if these younger generation should endeavor to follow your God's instruction there is a chance to turn back east and if not, the next move shall be west, on to the coast and from there on to the boat and this shall be the last."

The Cherokee system was based more on responsibility for wrongful actions than on the notion of "justice" in the western sense of the word. Rather than justice, the Cherokee system was ideal for keeping balance and harmony in the spiritual and social worlds. One day, some Cherokee children were playing outside, when a rattlesnake crawled out of the grass. They screamed and their mother ran outside. Without thinking, she took a stick and killed it.

Her husband was hunting in the mountains. As he was returning home that night, he heard a strange wailing sound. Looking around, he found himself in the midst of a gathering of rattlesnakes, whose mouths were open and crying. "What is the matter," the man asked the snakes. The rattlesnakes responded, "Your wife killed our chief, the Yellow Rattlesnake today. We are preparing to send the Black Rattlesnake to take revenge." The husband immediately accepted their claim and took responsibility for the crime.

The rattlesnakes said, "If you speak the truth, you must be ready to make satisfaction." The price they demanded was the life of his wife in sacrifice for that of their chief. Not knowing what else might occur, the man consented. The rattlesnakes told the man that the Black Rattlesnake would follow him home and coil up outside his door. He was to ask his wife to bring him a fresh drink of water from the spring. That was all. When the man reached home, it was very dark. His wife had supper waiting for him. "Please bring me some water," he asked her.

She brought him a gourd from the jar, but he refused it. "No," he said. "I would like some fresh water from the spring." His wife took a bowl and stepped outside to get him some fresh water. The man immediately heard her cry. He went outside and found the Black Rattlesnake had bitten her and she was already dying. He stayed with her until she was dead. The Black Rattlesnake then crawled out of the grass. "My tribe is now satisfied," he told the husband. He then taught the man a prayer song. The Black Rattlesnake told him, "When you meet any of us hereafter, sing this song and we will not hurt you. If by accident one of us should bite you, sing this song over the person and he will recover."

And the Cherokee have kept this song to this day. We had a strict liability law for any killing. The death created an imbalance which required revenge to restore harmony. The clan of the perpetrator of the homicide was to admit and accept responsibility for the wrongful killing. Then the clan was expected to pay the cost. Blood called for blood. Following this system, the husband sacrificed his wife's life to restore harmony. He did so because that was the law. In following the law, harmony was restored between the rattlesnakes and the humans. To reward the man, the snakes gave the humans a song to protect them and to remind the snakes of their duty to the humans, as well.

The Cherokee religion drove the sense of balance, which created a moral system for the human to follow. What drove the revenge system was the sense of balance. When a delict was committed, it created imbalance and tension on the jurisdictional unit. The acceptance of responsibility and paying of the cost restored that balance. Once the balance was restored, the relationship between the jurisdictional units or clans continued as if nothing happened. There were to be no hard feelings expressed between family members of the victim or killer. Balance had been restored and any friction was to end with the restoration of balance.

The creation of imbalance was tied to the Cherokee religion. It was believed that the murdered "soul" or ghost would be forced to wander the earth, unable to go to the next world. This created the imbalance. The acceptance of responsibility and the death of the killer or one of his clansmen restored balance by freeing the innocent ghost, allowing him to go to the next world. That is why it did not matter who paid the cost for the delict of the wrongful killing. Any death from the responsible clan would suffice to free the innocent man's ghost from this world.

An enemy scalp might suffice as well. In international law, the Cherokee system worked much the same way. If an international delict occurred, then anyone from the that jurisdictional unit, in this case, the foreign nation, would suffice to pay the cost. Taking responsibility for the international delict and paying the cost were exercised in the face of swift vengeance. There was no time for contrition. Thus, interloping settlers took their chances by moving onto Cherokee territory, because they might be called to pay the cost for someone else's actions or the actions of their nation. Cherokees saw it as their responsibility, whether or not the settlers saw it that way.

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