Case on behalf of Isaac Levy Esquire on his application to his Majesty in council with respect to his right to a moiety of the Islands of Usuba [i.e. Ossabaw] and Sappola [i.e. Sapelo] on the confines of Georgia

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Case on behalf of Isaac Levy Esquire on his -- application to his Majesty in Council with respect to his right to a Moiety of the Islands of Usuba and Sappola on the Confines of Georgia which has been referred to the Lords of Trade & Plantations.

9th. June 1732 --

The late King granted Letters Patent of this date for settling the Colony of Georgia and invested the Trustees with a [document damaged: Power ] to Purchase and take up Lands from the natural born Possessors thereof the Indians. --


1733.

General Oglethorpe entered into a Conditional Treaty with the Creek Nations the Original Possessors of the Lands within the Limits of the intended Colony and on
[added text: 21st. Augt. [August] ] 1739 sd. [said] Genl. [General] Oglethorpe on behalf
1739
[illegible text] fo:5: of the sd [said] Trustees of Georgia & on behalf of the Crown entered into a fur. [further] Treaty with the -- assembled Estates of the Creek Nations whereby the [document damaged] of the [document damaged] said Creek Nations to the Crown and to the Trustees were ascertained, and it was thereby Particularly declared that the Dominions Territories & Lands from the River Savanna, to the River Saint John and all the Islands between the said [document damaged: rivers ] and from the river Saint John to the Bay of Appalache within which were all the Appalache Old fields and from the said Bay of Appalache to [document damaged: the ] [illegible text] did by ansient [ancient] right belong to the [document damaged] Creek Nations who [document damaged] maintained the [document damaged: Islands ] therein agt. [against] all Opposers by force of Arms -- [added text: x ] under the Protection of the Kings & Queens of England and that the Spaniards nor no other Nation had a right to [added text: any of ] the said Lands and that they would not suffer for them nor any other Persons Excepting the Trustees for Establishing the said Colony


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to settle upon the said Lands and they did acknowledge the Grant they had already made to the said Trustees of all the Lands upon the Savanna River as far as the River Ogeche and all the Lands along the Sea Coast as far as the River Saint Johns and as -- high as the Tide flows and all the Islands as far as the said River Particularly the Islands of Frederica Cumberland and Amelia, But they declared that the [document damaged] reserved to the Creek Nation the Lands from Pipemaker's Bluff to Savanna and the Islands of Saint Catherine, Usaba & Sappola -- And they further declared that all the said Lands were -- held by the Creek Nations as Tenants in [illegible text] and the said Comr. [Commander] Oglethorpe declared that [document damaged: the ] English should not Enlarge or take any [document damaged: other ] Lands (except those Granted as above [document damaged] the Creek Nation to the Trustees -- and Promised and Covenanted to punish any Person that should Intrude upon the Lands which the Creek Nation had reserved as above --
This Treaty is recorded in an authentick [authentic] -- manner amongst the records of the Colony of [document damaged: South ] Carolina out of [unclear text: ye ] Limitts [Limits] of which Georgia was taken & [document damaged] [illegible text] Secretary's Office or establishment in Georgia [document damaged]
The Limits of the Lands ceded by the [document damaged] by this Treaty [document damaged] to themselves to dispose of at their Pleas [document damaged: ure ] also Precisely set out and the reservation [document damaged] in the Nature of a Provisoe [Proviso] which rides [document damaged] the whole Contents of the Deed, and the General [document damaged: on ] behalf of the Colony has Convenanted and agree [document damaged: d ] to Protect them in the Possession thereof [deleted text: and ]


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Exort [Exhort] his Majesty's authority agt. [against] all Intrusions. --


4th Janry [January] 1747.

Malatchi Opiya Mico the Emperor of the Upper and Lower Creek Nations and who as such had a right to disposing of any Part of the Lands or Islands reserved to the Creek Nations by the Treaty of --
1739, for the Considn. [Consideration] of sundry merchandizes [merchandises] Stores Ammunition Arms and several Head of Breeding Cattle by feofment [feoffment] of this date Granted Enfeofed [Enfeoffed] and -- Confirmed to Thomas Bosomworth and Mary his -- wife their Heirs and assigns forever -- All that Tract or Tracts of Land Island or Islands now known or distinguished by the names of Hussopa or Hussabau Island, Cowlogee or Saint Catherine's Islands and Sappola Island bounded as therein mentioned with [document damaged] thereto belonging and in a full [illegible text] specified -- To hold unto them Thos. [Thomas] Bosomworth and Mary his wife their Heirs and asss. [assigns] forever. --


4th Janry [January] 1747 --

On the same day Livery of the Possn. [Possession] & [illegible text] of the [unclear text: Premes [Premises] ] was delivered to and taken by the said Thomas Bosomworth and Mary his wife in the Presence of the same witnesses who attest the deed one of whom was a sworn Interpreter and signs himself as such & there is a rect. [receipt] for the [document damaged]
Upon [document damaged] Execution of this Deed, Livery of [illegible text] ; and Payment of the [document damaged] the whole Transaction was recorded in South Carolina the next adjoining Colony to Georgia as there [document damaged: was ] no Establishment then for Georgia in order [document damaged] all Parties whom it might concern might [document damaged] Registration have full notice thereof. --
Mr. Bosomworth did not take this Conveyance from Malatchi before he was well satisfied that


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Malatchi had full Powers to Transact any affairs -- relative to the Creek Nations, for it appeared that by an Instrument in writing signed and sealed by all the Head Men & warriours [warriors] of the Creek Nations -- [added text: [illegible text] fo: 9. ] and dated on the
14th. Decr. [December] 1747 (about three weeks before the
4th. Janry [January] 1747. O: S: ) they acknowled [acknowledged] the sd. [said] Malatchi Opiya Mico to be their Rightful & natl. [natural] Prince [deleted text: a ] and that by the Laws of their nation they thought themselves -- obliged to stand by ratify and confirm every -- Act and Deed of his as much as if they themselves were personally Present, and they therefore made that Publick [Public] Declaration to all the Subjects of the Crown of Great Britain, that Malatchi Opiya Mico had [document damaged: full Power & authority as ] their natl. [natural] Prince to Transact all affairs relating to their Nation as firmly and fully to all Intents and Purposes as they or the whole Nation could do if [deleted text: personally ] Present. --
This is also recorded in the Secretary's Office of South Carolina for the reasons afsd. [aforesaid]


2d. Augt. [August] 1750.

Thos. [Thomas] Bosomworth & his wife in order to be fully secure in their Title applied to the [unclear text: Conl. [Council] ] [document damaged] the Upper and Lower Creek Nations [document damaged: who ] being solemnly met in Council togr. [together] ratified the Grant of Malatchi Opiya Mico of the said Islands to the said Thomas -- Bosomworth and to their Sister his wife their Heirs and asss. [assigns] and Promised to warrant the same to the sd. [said] Bosomworth and his wife their -- Heirs Executors administrators and asss. agt. [assigns against] the Claim or Claims of any Person or Persons -- Indian or Indians whatsoever. --


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This is also recorded in South Carolina. --
The reason the Indians call Mrs. Bosomworth their Sister is that she was formerly named Cousaponakeesa and was the rightful & natl. [natural] Princess of the Upper and Lower Creek Nations --


1754 --
[unclear text: fo: 15. ]

In the year
1754 Thos. [Thomas] Bosomworth and his wife came to England and Entered into a Treaty with Mr. Levy which was Carried into Executn. [Execution] by Articles of the
14th. Octr. [October] 1754 whereby it was agreed -- 1st. That Bosomworth & his wife shod. [should] Convey a Moiety of the said Islands to the said Isaac Levy his Hrs [Heirs] & asss. [assigns] forever on or before the
18th. Octr. [October] by Proper Conveyances, and also, That they the sd. [said] Thos. [Thomas] Bosomworth & Mary his wife shod. [should] in like manner Convey the sd. [said] moiety of the [illegible text] unto [deleted text: [illegible text] ] and to the Use of the sd. [said] Isaac Levy his Heirs & [document damaged] Islands and [illegible text] or such Part thereof [document damaged] shod. [should] be applied for and such Conveyances -- shod. [should] be imedly. [immediately] thereupon made and Executed to the said Isaac Levy and his Heirs of the -- Undivided Moiety thereof as afsd. [aforesaid] That then the sd [said] 300£, shod. [should] not be repaid to the said Isaac Levy but remain to them. -- 4th. It was agreed between the Parties immedly. [immediately] after such Grant and Confirmations from the Crown of the [document damaged] in trust [document damaged] Hrs. [Heirs] -- 2d. -- The said Isaac Levy agreed -- that after the Execution to him of such -- Conveyances he would at his own Expence [Expense] if thought adviseable [advisable] by the Council of the said -- Thos. [Thomas] Bosomworth and Isaac Levy Sollicit [Solicit] from the Crown Grants & Confirmations of the [unclear text: Premes [Premises] ] unto the sd. [said] Thomas Bosomworth and his wife --


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or one of them and his or her Heirs and agreed to advance them 300£, besides the Expence [Expense] and Trouble of Solliciting [Soliciting] such Grant & Confirmation and furr. [further] agreed out of the first rents Produced or Profits -- which shod. [should] be reced [received] by the sd. [said] Isaac Levy out of [deleted text: the ] his moiety of the said [unclear text: Premes [Premises] ] to pay the said -- Bosomworth & his wife their [unclear text: Execs [Executors] ] [unclear text: admors [administrators] ] or ass. [assigns] 200£ more. -- 3d. It was fur. [further] agreed that if the Applicns. [Applications] for Grants and Confirmations were not Successful -- that Bosomworth and his wife and their Heirs on refusal thereof shod [should] by Proper Instruments mortgage and assign the other moiety of the said Islands reserved to themselves as a Security -- for the Money advanced with Lawful [unclear text: Intt. [Interest] ] But in Case such Grants & Confirmations shod. [should] be obtained from the Crown of the said three [document damaged] asss. [assigns] forever from & [document damaged: immediately ] as Grants & Confirmations might & could be obtained from the Crown of Great Britain -- Effectually to establish the sd [said] Right of the -- said Mary and her Heirs to the sd [said] [unclear text: Premes [Premises] ] or of such Part of the said [unclear text: Premes [Premises] ] as the Crown shod [should] think fit to make Grant of to the said Thomas Bosomworth and Mary his wife or either of them their or either of their Hrs [Heirs] or any Person [document damaged] of them [document damaged] such Part [document damaged] Procured, and in Case the said Grants & Confirmatins. shod. [Confirmations should] be applied for and refused from and immediately after the Present Title which the said Thos. [Thomas] Bosomworth and his wife had to the sd. [said] Three Islands shod. [should] be found good without such Grants and Confirmations and from and imedly. [immediately] after the said Isaac Levy's being in Peaceable


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and quiet Possn. [Possession] of the moiety of the [unclear text: Premes [Premises] ] -- that a Partnership shod. [should] be Entered into as therein mentioned, and the Parties Initially bound -- themselves in the Penalty of 1000£, Each for Performances of the [illegible text] . --


17th. &
10th. Octr. [October] 1754}

By Lease & release and Bargain and Sale of this date, Thos. [Thomas] Bosomworth and Mary his -- wife in Consn. [Consideration] of 300£, paid by the sd. [said] Isaac Levy Conveyed to him and his Hrs [Heirs] -- One undivided moiety of the said [unclear text: Premes [Premises] ] with all the Usual Covenants, That they the sd. [said] Bosomworth & his wife were legally seised [seized] and had done no Act to Incumber, and for Peaceable and quiet Enjoymt [Enjoyment] and also Covenanted at the Charge of the said Isaac Levy to Levy a fine if required and to do any other acts for further [document damaged: assurances. ]
There is a receipt for the Consn. [Consideration] indorsed [endorsed] -- while Mr. Bosomworth was negotiating these affairs in England [deleted text: the then Govr. [Governor] of Georgia [illegible text] ] one Patrick Graham on behalf of the Trustees obtained a Grant from the Upper Creeks who live at a great distance from the Sea and who know nothing of the Particulars of the Purchase by Bosomworth


Decr. [December] 1755

from Malatchi Opiya Mico and in [document damaged: Decr. 1755 ] Govr. [Governor] Reynolds Comissioned [Commissioned] Wm. [William] Little Esqr. [Esquire] to have a Conference with the Indians with respect to the Concurring Titles of Patrick Graham and Mr. Bosomworth and upon the sd. [said] Treaty they declared that it was True they had signed the Deed to Graham but before the doing thereof that strict Inquiry had been made if any of them [unclear text: Knew ] anything --


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about the sd. [said] Islands and they all declared they -- [unclear text: Knew ] nothing about them or that they were Possessed or Claimed by any body and as they were down upon the Sea Coasts where none of them had ever been and could not go but in Canoes where perhaps they might be drowned they did Consent to give them as being of no value to them and a matter Immaterial and what they knew [added text: nothing ] about, and -- being asked which of the Titles they thought most valid they desired time to consider thereof and all Parties, (that is to say,) Mr. Bosomworth who was of that Conference as well as the Comr. [Commissioner] on behalf of the Crown which now stood in the right of the Trustees who had Surrendered their Charter agreed to rest the Matter upon that Issue. And on the [document damaged] they gave for [document damaged] That they [document damaged] the validity of Malatchi's Title in favour [favor] of Mr Bosomworth, and that Mr. & Mrs. Bosomworth might cultivate the Lands sell them or do what she pleased with them, and that they looked upon the Title of Patrick Graham as worth nothing as the Lands were before given away and being -- public [illegible text] That they had reserved the Islands and Land as by the Treaty of
1739, to their Nation and that Mrs. Bosomworth had produced Title for those Lands they all declared unanimously -- that the Lands were given to Mr. Bosomworth and that there were sevl. [several] of the Head Men there Present that were Evidences to the deeds and that they had all heard Malatchi their King -- declare it to be True and that they as the Deputies of the whole Nation now ratified the same, and being [pages missing]