4th and 11th of June 1736
Orders and Instructions from Mr. Oglethorpe to Noble Jones and others.
To Noble Jones These
Whereas I am informed that diverse Persons are preparing to go
with Trading Goods into the Indian Nations inhabiting within the Province
of Georgia, in order to trade with the Indians within the said
Province; And whereas an Act has been lately passed by His most Gracious
Majesty in His Privy Council intitled [sic] An Act for maintaining the
Peace with the Indians in the Province of Georgia," containg [sic] certain
Regulations of Trade for the better maintaining the said Peace, therefore
lest any unwary Person should thro' Inadvertency or Ignorance incur the
Penalties of the said Act, I appoint You Noble Jones to acquaint the
said Persons with the said Act, that they may conform to the Regulations
of the same, as they shall answer it at their Peril.
Given this fourth day of June I736
Instructions for Mr. Lacy
Whereas Information has been given before me that diverse Persons contrary
to an Act intitled [sic] An Act for maintaining the Peace with
"the Indians in the Province of Georgia," have without Licences [sic] duly
obtained, directly or indirectly visited, frequented, haunted, traded to,
trafficked or barter'd with the Indians within this Province of Georgia,
and do still continue the same; And whereas all and every such Offender
or Offenders are for every such Offence [sic] to forfeit L 100 Sterling Money
of Great Britain, and all and singular of the Goods, Wares, Merchandizes,
Slaves, Wax, Furs and Skins either carried to, Barter'd, sold to or
Brought from any such Indian or Indians By any Person or Persons not
duly licenced [sic] shall and may Be Siezed [sic] and taken By a Warrant
under the Hand and Seal of any Commissioner or Commissioners which shall By
Virtue of this Act Be appointed for the Better regulating of the Indian
Trade; I therefore hereby appoint You Roger Lacy Gent, to take and
Sieze [sic] all and singular of the Goods, Wares, Merchandizes, Slaves, Furs,
Wax and Skins either carried to, Barter'd, sold to or Brought from any
Indian or Indians By any Person or Persons contrary to the said Act and
to take Inventorys [sic] thereof and send the said Goods &c down By the first
safe occasion to this place to Be applied as is in the Act directed.
And This shall Be Your Warrant for so doing.
Given at Savannah in Georgia under my Hand
and Seal this 11th day of June 1736.
To Roger Lacy Gent.
Whereas I have sent up Notice to diverse Persons attempting to
Trade with the Indians in Georgia contrary to an Act intitled [sic]
"An Act for maintaining the Peace with the Indians in the Province of Georgia,"
and Proof having Been made Before me upon Oath that the said Orders have
Been served upon them, I therefore require you Roger Lacy Gent, to send
up a Constable and a Detachment of your men to take into Custody and
detain such Offender or Offenders; Which Constable I hereby empower to
command any Traders to what Number he shall find necessary to assist
him in apprehending such Offender or Offenders; and I hereby command
all Traders to assist him therein, as they shall answer the same at
Given at Savannah in Georgia under my
hand and Seal this 11th day of June 1736
To Samuel Brown, Gregory Haines, Thomas Booth, George Currie,
Lochtane Macbane, Cornelius Dochorty, Thomas Holmes, Jacob Morice,
Joseph Barker, James Beamor All & each of them.
Whereas Information has been given before me that diverse
Persons contrary to an Act intitied [sic] "An Act for maintaining the
Peace with the Indians in the Province of Georgia," have directly or in
directly visited, frequented, haunted and are now actually trading to,
trafficking or bartering with the Indians within the Province of Georgia
You are hereby willed and required to be aiding and assisting to Roger
Lacy Gent, in putting in Execution the said Act, and pursuant thereunto
in seizing and taking all and singular the Goods, Wares, Merchandizes,
Slaves, Furs, Wax and Skins either carried to, barter'd, sold to or
brought from any Indian or Indians contrary to the said Act. You are to
execute this Warrant as You will answer the same at your Peril.
Given at Savannah in Georgia under my
Hand and Seal this 11th day of June 1736.
You are to lay out a Town (at such Place as to Mr. Lacy shall
seem convenient on the Savannah River) to he called Augusta, to consist
of 40 house Lots each of an Acre, the large Streets not narrower than
25 Yards. A Square in the Center and Lots for Publick [sic] Buildings
on each Side the Square. All the Publick [sic] Lots together not to consist
of less than 4 Acres. The Common must consist of 6OO Acres. The Lots next the
Town are to be 50 Acres each. Every house Lot to have a House built on
it within a Year and an half, and no House in Town to be granted to any
one with 50 Acres, but only to each of those who have 500.
You are to mark out a House in Town and a 500 Acre Lot for
Mr. Samuel Brown.
Do.......................for Mr. Gregory Haines
Do.......................for Mr. Lochtane Macbane
Do.......................for Mr. George Currie
Do.......................for Mr. Cornelius Dochorty
Do.......................for Mr. Joseph Pevy
Do.......................for Mr. Kenedy Obrien
And 50 Acre Lots to such Persons as Mr. Lacy shall think proper.
The whole under the same Conditions as the rest of the Colony of
Savannah in Georgia
14th June 1736.
Copy of a Letter from Mr. Von Reck to Mr. Vernon Dated at Ebenezer
24th June 1736 (In French - so not copied)
13 To Noble Jones.
Copy of the Presentment of the Grand Jury of Savannah 14th
We the Grand Jury of the Town of Savannah in the Province
of Georgia having considered a Paper Entitled a Memorial of
several Merchants in Charles Town and Sign'd by certain
Persons therein mentioned & having examined upon Oath
several Persons concerning the same we think it our Duty to
present the same as containing many unjust Assertions
unwarrantable Presumptions and Aspersions highly reflecting
upon the Kings most Sacred Majesty, the Honble. the Trustees
for establishing the Colony of Georgia in America,
the Magistrates and whole body of this Colony and that in
the following Particulars.
It treateth [sic] the two Laws enacted by the Kings most Sacred
Majesty in Privy Council in a contemptuous and ludicrous manner
terming and denominating them by the Words certain By Laws made
We cannot on this occasion omit that (notwithstanding the Contempt
they put upon that Place) we are proud of being governed by Laws
made at London (the Seat of the Legislative Power of Great Britain)
and we are truly sensible of the Happiness we enjoy by having the
Trustees for our Representatives and Guardians who under the immediate
influence of His Majesty's Presence are capable of providing Laws for
our good without sacrificing us to the factious Schemes and corrupt
Gain of particular Members who too frequently sway the Assembly
of small Colonies and as we do not find the American Air hath tainted us
with any notions of Independency on His Majesty and His Laws made at
London we are like Dutiful Subjects ready to hazard our Lives in
defence [sic] of them.
A great part of the said Memorial being taken up with a Complaint
of Seizing and Staving Rum pursuant to the Laws of this Colony
being performed by Magistrates appointed by the Honble. Trustees and
there being a particular Court for the Tryal [sic] of matters arising from
thence it is not the business of the Grand Jury to enquire thereof.
That they have asserted that a By Law has been made by a Common
Council in Georgia which we find to be entirely false there having been
never any such thing as a Common Council held in Georgia.
That they assert the prohibiting Rum will throw the Indian Trade
into the hands of the French by whom it may be easily supplied and that
the Indians chuse [sic] to go without Cloathing [sic] rather than to be
restrained the use of that Liquor; we find the said Fact to be false not
only from the Chief Warrior of the Cherokee Indians examined before us,
but also from the Traders, that whole Nation not buying any Rum; and by
a Letter from new Orleans it appears that Monsr. Bienville Govr. of all the
French Colonies in these parts, is taking effectual methods to prevent
the vending of distill'd Liquors there; and it further appears to us
that the said Liquors have been the occasion of great Disorders and
murders amongst the Creek Indians, for which reason the vending of it
is more likely to drew on a War than the Prohibition.
That it seems very ranch to derogate from the Royal Prerogative
which has always been sufficient to constitute Colonys [sic] and
Corporations with proper Power to ordain laws in all the British
Colonys [sic] & that it even goes so far as to mention that the
Royal Sanction has been given to a Law which was never intended
to Signify what the very Words of that Law express'd.
That it seems plainly to oppose and object against the Royal
Authority in making constituting Laws for the better Regulation of
the Indian Trade, in order to preserve and maintain Peace and Amity
with the Indians and prevent as much as possible an Indian War which
has always proved so detrimental to the British Colonys [sic], and
which it seems to promote by several Expressions such as insinuating
that it is intended here to use end exercise a Coercive Power over the
Indians, desiring that the Creek Traders who are upon their way to
this Town in order to take out their Licences [sic] according to Law
should be Stop'd in their Journey, and they desire that the Traders may
be directed to give no Obedience to any Compulsatory [sic] Orders that
they may receive from the said James Oglethorpe Esqr. or any of his
Officers or Ministers in the said Colony of Georgia; and if they
should take the advice of disobeying (amongst the Indians in Georgia)
the Laws and Magistrates of Georgia, the same would draw on a General
Confusion and perhaps an universal Indian War towards which the way
has been pav'd by various Aspersions spread amongst the Indians which
indeed has been plainly prov'd to us by the Affidavits of several
Traders who happen'd to be here present, men of long Experience in
the Indian Trade and of fair Characters.
That it falsely accuses the Honble. the Trustees for establishing
the Colony of Georgia in America of monopolizing and engrossing the
Indian Trade to themselves, and of explaining a Law; enacted by the
King's most Excellent Majesty in Privy Council in a quite different
manner from what it intends, the contrary of both which appear plainly
That it falsely and unjustly reflects upon and grossly abuses
the Honble. James Oglethorpe Esqr. in asserting that he is pursuing a
particular Scheme or Schemes intirely [sic] different from the King's most
Excellent Majesty's Intentions and the rest of the Honble. the Trustees,
and we think and believe that this being so ungrateful and unjust a
Reflection it deserves our highest Resentment; and it has been further
proved by the Affidavits of several Traders before us that sundry
Persons sought from Charles Town to Trade in the Indian Nations did not
only insult and render despicable, in the Eyes of the Indians, the
Traders for this Province and represent the whole Province in a most
vile and scandalous manner; but did even there with a View of seducing
and setting the Indians at variance with this Colony and of likewise
defaming the Honble. James Oglethorpe Esqr, endeavour [sic] to persuade
the Indians and make them believe that the Honble. James Oglethorpe Esqr.
had come to steal away their Lands, and thereby strove as far as in
them lay to stir up an Indian War: And we can the better certify the
falsity of these assertions since all the Lands granted to His
Majesty's Subjects in Georgia by the Trustees were purchased of the
Indians who daily assist us upon all occasions and have given late
instances of their affection to the said James Oglethorpe Esqr. by
putting him into possession of all the Sea Coast as far as the
Spanish Outguard and we also find that several thousand Indians have
offered to assist him in this Colony should he he attacked; we find
further that the permitting promiscuously all kind of men to Trade
amongst the Indians without Licences [sic] or Security given would not
only alienate their affections from us but would also probably occasion a
War with them; for if an Indian should he injur'd or murder'd by such
men as had given no Security and would of Course fly from Justice, the
Indian or his Relations expecting Satisfaction and finding none would
take their Revenge by killing the first English men they could
conveniently come at; but if a Licenced [sic] Trader should commit such a
Crime and even escape from Justice, yet his Security being answerable would
he obliged to make a proper Satisfaction by which the Indians would be
contented. And we have the further reason to suspect that these Outrages
will be frequently committed this year since already a Trader
sent from Charles Town without Licence [sic] from hence hath beat and
abus'd the brother of the Chief Warrior of the Cherokess [sic] for which
this Province cannot obtain Reparation the Offender being now in Carolina.
We also find that the Insinuations made by the Memorialists
(vizt.) that many Traders indebted to them will embrace this opportunity
of entring [sic] into the Service of Georgia, in order to defraud
their Creditors is false and scandalous since the Traders who have taken up
Licences [sic] in this Colony are such as are both willing and able to pay
all Demands upon them and are all men of Experience in the Indian
Trade and formerly licenced [sic] by Carolina, and in this Colony no such
Persons as the Memorialists described are licenced [sic], though they them-
selves allow that Licences [sic] are granted to men of desperate fortunes
in Carolina; and what makes the "untruth, of this Insinuation more
apparent is that the People of Carolina have always had Liberty of
Suing for their Debts by making Legal Application to the Courts here,
and that even by Letters of Attorney which is not allowed to the
Inhabitants of this Colony there whom they oblige to appear personally.
We find also that this Memorial is not the Sense of all the
Memorialists and that it was not so much as read to or by all those who
Sign'd the same, and that an incautious man was drawn in to sign it
upon assurances of its containing matters of a quite different nature
from what it did and who would never have Signed it had he known the
Contents thereof; and the Names of other Persons are put to the said
Petition who have not been at Charles Town since the Signing of the same
nor for several months before.
We the Grand Jury being sensible of the many Advantages and
benefits we enjoy under so happy a Constitution and Government think
it our Duty to request the Honble. James Oglethorpe Esqr. that he would
be pleased to continue strenuously to put in Execution those Laws which
have already been or those which for the future shall be legally enacted
by the King's most Excellent Majesty in Council with the Advice of the
Trustees, and we beg Leave at the same time to assure him of our joint
and ready Concurrence to whatever shall be required of us towards
supporting the Government and enforcing and putting those Laws in
Execution. And we here take this Opportunity of returning the Honble.
James Oglethorpe Esqr. our most hearty & sincere Thanks for the great
Troubles and Dangers he has undergone in Settling this Colony and
for the Fatherly Care and Regard he has always shown for the People
therein, and we are firmly persuaded that he will still go on to shew
the same Regard & Care to curb and put a Stop to all means & methods
that will he used or attempted to the Detriment or Hurt of this Colony.
P.S. Most part of the large Memorial
was so notoriously false &
frivolous & even full of Irony
that we imagin'd it to he
entirely unworthy of an Answer.
John Fallowfeild [sic]
25 June 1736
In the Commons house of Assembly June 25- 1735 P.M. Report of the
Comittee [sic] of Conference wth. the Comittee [sic] of his Majestys
Honourable [sic] Council on the Letters & Advices receiv'd from
the Honble. James Oglethorpe Esqrs. relating to ye Indian Trade.
Your Committee Report that having read & consider'd the Act of
the Trustees for Establishing the Colony of Georgia, approv'd by his
Majesty in Council, for preserving Peace with the Indians, are of
opinion that there is nothing in that Act that can be construed or
extended to abridge his Majesty's Subjects of this Province of the
natural Eight & Liberty, wch. they have of carrying on an open & free
Trade with any Nations of free Indians under his Majesty's protection,
or that are in Friendship & Amity with his Majesty's Subjects; and
that the Act of the Trustees can only be construed to extend to the
regulating the Persons who shall go from the Province of Georgia, &
not to other Persons who shall go from any other of his Majesty's
Colonies. And your Comittee [sic] are the rather of this opinion,
for that there is an Act of the general assembly of this Province still
subsisting & in Force, made & enacted by virtue of his Majesty's authority,
deriv'd under the Great Seal of Great Britain, by wch. all persons who
shall be licensed in the manner directed by that act have liberty &
power granted them to visit, frequent, & trafick [sic] with the Creeks,
Cherokee, & other nations of Indians, in amity & Friendship with his
Majesty's Subjects. And this Act of Assembly not being repeal'd by his
Majesty, either expressly, or by any non obstante [sic] in the Act of
the Trustees against it, it is apprehended by yom Comittee [sic] that the
Trustees Act was not intended to prohibit his Majesty's Subjects of
this Province from trading either with ye Creek or Cherokee Indians, or
to compell [sic] them to observe the Rules & Regulations prescrib'd in
& by the Said Trustees Act.
And your Comittee [sic] think that this opinion is the better founded,
as the Traders who go from this Province are obliged to observe all
and the Same Regulations, as those prescribed in the Trustee's Act; wch.
seems to be chiefly a transcript from the Act of the general assembly
of this Province for regulating the Indian trade; & therefore it can
only be the intention of the Trustees that the People of Georgia should
be under the same Rules & Orders in regard to the Indian trade, as the
People of Carolina are.
But your Comittee [sic] are further of opinion, that if it was ever no
apparently the intention of the Trustees by that Act, to compell [sic] all
his Majesty's Subjects of what Provinces so ever, to come down to
Savannah in Georgia & take out licences [sic] there, for trading with the
Indians, it can only be extended to the trade with the Indians, living
& residing within the limits & Bounds of Georgia, and not to any
Indians living without those Bounds or Limits; And the Heads of the
Rivers Savannah & Allatamaha [sic] not being certainly known, or the western
lines from those Heads, (by which the Bounds of the Province of Georgia
are limited) not having been run, and upon perusal & consideration
of several Plans & Mapps [sic] of the Indian Countrys [sic], & by the Information
of Persons who have visited those Country[sic] s, it is apprehended by your
Comittee [sic], that but a small part of the Creek or Cherokee Nations of
Indians are included within the Bounds of the Province of Georgia.
Wherefore your Comittee [sic] are of opinion, upon the present occasion,
& they in the warmest manner recommend it to the two Houses, that the
several Indian Traders now in town, who heretofore have traded from
this Province, be acquainted that they have full liberty & licence [sic]
to visit & trade with the Creek, Cherokee & other nations of Indians in
amity with his Majesty's Subjects, observing & paying due obedience to
such Rules, Regulations & Orders as are directed by the Laws of this
Province, taking especial Care to preserve by their prudent behaviour [sic]
& deportment, that Peace & Friendship with the Indians, towards all
his Majesty's Subjects of what Colony so ever they are, wch. it becomes
all faithfull [sic] Subjects to do; & that as long as they shall continue so
to do, they shall be under the Protection of this Province: And (as
it is hoped the matters in difference between the two Provinces will be
amicably settled by the method herein after propos'd) if in the mean
time it shou'd happen that any of the said Traders shou'd be molested or
Imprison'd, or their Goods or Effects seiz'd, under pretence [sic]
of Breach of the Said Act of the Trustees, that their losses & damages,
as far as the amount or Value of 2000 Pound Sterl. shall be made good to
them by this Province; The said Traders first taking care to observe
such methods in giving an account of their several Goods as shall be
directed them, as well in regard to the quantities as the qualities of
what they shall carry with them.
And your Comittee [sic] further recommend (as they doubt not but the
Honble. Mr. Oglethorpe will be of their opinion in these matters, when
they come to be fairly laid before him, & are by him maturely
consider'd) that his Honour [sic] the Lieutenant Governor be address'd
to desire Mr. Oglethorpe's presence in Town as soon as possible; if his
majesty's service in the Settlement of the Colony of Georgia does not
detain him there, in order to the settling these & all other matters
in dispute between the two Colonies upon an amicable footing, & so as may
best tend to his Majesty's service, & ye joynt [sic] Interest, Prosperity &
welfare of the two Provinces.
And that, a Bill he immediately brought in for removing such
discouragements as the Indian trade of this Province at present lies
under with regard as well to the Licence [sic] money as the duties
imposed on the said Trade.
Thus far the Report. And on the day following, an ordinance of
the General assembly was pass'd "For asserting & maintaining the
Rights & Libertys [sic] of his Majesty's subjects of the Province of
South Carolina to a free, open, & uninterrupted trade with the Creek,
Cherokee & other Indians in amity & Friendship with his Majesty's
Subjects & for the better preserving those Indians in the Interest of
Great Britain." Wch. Ordinance is publish'd at length with the Laws
pass'd the last Sessions & Ratified May the 29th last,
About 6 weeks ago 14 of the Cutaboes [sic] having been inform'd of the
Premium to be given by this Government for bringing Tuscarora Indians
dead or alive, went out in quest of them, & meeting a Party of 100
Men, they laid down in a Swamp to let them pass by, & seeing three of
that Party following at a distance, they fired upon them, kill'd two on
the spot, & wounded the third. The noise of the guns allarming [sic] the
others, they went to surround the Place, suspecting Enemies, but the
Cutaboes having Sculp'd [sic] the two men they had kill'd, escap'd, & came
to town on Tuesday last with the rest of their Party, in number.
On the same day one of the head men with two warriours [sic] of the
upper Greek Indians arriv'd here to renew their Friendship with this
26 June 1736
Ordinance of the Council and assembly of South
Carolina relating to the Indian Trade.
Whereas it is the undoubted Eight and Privilege of His Majesty's
Subjects to have & enjoy an open free and well regulated Trade with all
Nations of Indians that are in friendship and amity with His Majesty's
said Subjects And whereas nothing can better conduce to the preserving
the several Nations of Indians Surrounding His Majesty's Province of
South Carolina and Georgia in their friendship to His Majesty's Subjects
than to prevent their falling into the Interest of the French and
Spaniards, than the keeping a free & open Trade and Commerce which for
these many years last past have been to the great Advantage and Benefit
of His Majesty's Subjects of this Province and the very considerable
Consumption of the Woollen and other Manufactures of Great Britain
carried on and negotiated by His Majesty's said Subjects of this
Province to and with the several Nations of Creeks Cherokees and other
Indians in amity and friendship with His Majesty's Subjects of this
Province We humbly pray Your most Sacred Majesty that it may be
ordained and be it ordained by the Honble. Thomas Broughton Esqr. His
Majesty's lieutenant Governor Captain General and Commander in Chief
in & over His Majesty's Province of South Canolina, by & with the Advice
and Consent of His Majestys Honourable [sic] Council and the Commons House
of Assembly of this Province and by the Authority of the same that it
shall and may be lawful and it is hereby declared & ordained to be
lawful to and for all such His Majesty's Subjects as shall be approved
of and duly obtain a Licence [sic] to visit, frequent, haunt, trade,
traffick [sic] and barter to and with the several Nations of Creeks
Cherokee and other Indians in amity & friendship with His Majesty's
Subjects they observing and paying due Obedience to such Rules Regulations
and orders as are directed by the Laws of this Province special Care to preserve
by their prudent behaviour [sic] and deportment that Peace and friendship
which at present Subsists between the said Indians and all His Majesty's
said Subjects of what Province or Colony soever they are or may be, and
that as long as such of His Majesty's Subjects as shall so visit, trade
or traffick [sic] with the said Nations of Indians or any of them shall so
do, they and every of them shall be & they are hereby declared to be
under the Protection of His Majesty's Authority as lawfully exercised
in this Province.
And be it further Ordained and Declared that in case it should so
happen that any of His Majesty's Subjects so peaceably and well behaving
as aforesaid having or obtaining Licences [sic] from the Commissioner of the
Indian Trade of this Province to trade with any of the Nations of
Indians aforesaid shall happen to be molested or imprisoned, or their
Goods or Effects Seized or taken away, by Virtue or under pretence [sic] of
Breach of any Act or Acts of the Trustees for establishing the Colony of
Georgia in America, such Person or Persons shall have their said Damages
and Losses (Provided they do not in the whole exceed the Amount or Value
a of the Sum of Two thousand Pounds Sterling Money of Great Britain) made
good to them by the Publick [sic] of this Province, to be raised paid and
levied in the next General Tax Act after such Loss shall happen Provided
always that such Trader and Traders to whom such Loss and Damage shall
happen shall before they depart from the Indian Nation lay before the
Governor or Commander in Chief for the time being or such of His
Majesty's Honourable [sic] Council as live and reside in Charles Town a list
of the several Goods, Wares and Merchandize they shall carry with
them into the Indian Nation and do carry none other than such as they
shall expressly obtain Licence [sic] for under the hands of the said
Governor and Commander in Chief or of His Majesty's said Council.
And he it further ordained by the Authority aforesaid that
all additional Dutys [sic] not heretofore paid which have been laid on or
imposed upon any Indian Dress'd Deer Skins or other Skins or furrs [sic]
since the 25th day of March in the year of our Lord 1730 by Virtue of
a any Laws of this Province be and they are hereby remitted and forgiven
Any Law Statute or usage to the contrary in any ways notwithstanding.
And be it further ordained by the Authority aforesaid that no
more than the Sum of Ten shillings Sterling shall at any time or times
hereafter during the Continuance of this Ordinance be paid for obtaining
a Licence [sic] to trade with the Indians any Law Statute or Ordinance
to the Contrary notwithstanding.
And be it further ordained by the Authority aforesaid that this
Ordinance and every thing herein contained shall continue and be in
force for the Term of Two Years from the ordaining hereof and from
thence to the end of the next Session of the General Assembly and no
In the Council Chamber Charles Town
26th June 1736
Paul Jenys Speaker.
Creek Indian Talk 27th June 1736.
At an Audience of several of the Chiefs of the Lower Creeks at Savannah
in Georgia the 27th day of June 1736.
James Oglethorpe Esqr.
Thos. Christie Recorder.
N.B. The Chiefs of Seven Towns with about 60 Indians being at
Musgrove's Cowpen Mr. Oglethorpe ordered a Boat to bring them
down to Town where the Militia being all under Arms received
them at the Landing under the discharge of our great Guns Drums
beating and Colours [sic] flying and conducted them to the
The Indians being all seated Mr. Oglethorpe told them he was
glad to see them.
That he had long wanted to see Chigillee of whose fame he had
Bid Mallachi welcome and was glad to see him.
N.B. Mallachi is a Son of the deceas'd Emperor Brim who is to succeed
That they had come a great way and he loved them all from his
Tomo Chachi was present and sat next to Chigillee but as Mr.
Oglethorpe sees him dayly [sic]. he said less to him.
Then the young Indian men brought a large Quantity of Deer Skins
and laid them at Mr. Oglethorpe's feet.
Tomo Chachi said those was the poor Indians Presents in Remembrance of
And was glad to see the Chiefs were not unmindful of their
Allegiance and respect to him and hoped that he would know that all the
Chief men came down on Mr. Oglethorpe's Arrival to shew their Attachment
and That it will be taken notice off [sic].
And that the Talk which says All their Children shall he as One
may ever continue.
Tomo Chachi further added That that was his Talk. To which Mr.
Oglethorpe made answer. That his Talk was good.
Chigillee the Chief of the Lower Creeks then spoke and said that
Tomo Chachi was the first man that received the English here and
went to England and brought word from the great King to them.
That it was a mad Sett [sic] of People that begun the last War by
running up in so many Crowds to them; But that he will endeavour [sic]
to keep the People in Order whilst he live and that the Man that sits by
him would govern after him (Pointing to Mallachi).
That Tomo Chachi had told them the English King declared Care
should be taken of their Children And their Children & his Children
should be all one.
The Indian Chiefs presented several Commissions and Papers with the
Prices of Goods & Regulations of the Traders which they had formerly
received from the English which Mr. Oglethorpe returned to them again
and said he hoped his People had minded the first Talk contained in
those Papers, Mr. Oglethorpe added that those Words were all good
and he would keep to them.
Pipes Tobacco and wine was then handed to them and Mr. Oglethorpe
drank to the Chiefs.
After he had called over their Names by a List which he had in
his hand, Mr. Oglethorpe told them they had come far and therefore his
Men would show them where they should eat lye [sic] down and refresh
themselves and they should have the Talk to morrow, he likewise returned
them thanks for their Skins and said he would then see them again Then
gave Orders that a Bale of Strouds and a dozen of Kettles should be
given them, a Steer killed and a Dinner prepared them and all to be
Lodged in Mr. Brownfields new Buildings.
Mr. Oglethorpe invited Tomo Chachi and Chigillee to his house in
They then broke up and were reconducted [sic] by the Militia under Arms
to the appointed Lodgings where they gave them a Volley of small Arms
Letter from Paul Jenys Esqr. at Charles Town to Mr. Oglethorpe
dated 28th June 1736.
Since my last of the 24th Instant, a Committee of both Houses
have had under Consideration your Letters to his Honour [sic] the
Lieut. Governor relating to the Indian Trade Two Reports have
been made thereon which the Lower House have desired his
Honour [sic] to communicate to You forthwith.
The second Report was debated on Saturday morning in a thin
House which consisted of Twenty Members only, and after many Speeches
on both sides, The Question was put whether the Report should be agreed
to, which was carried in the Affirmative (vizt.) 10 for and 9 against
In the afternoon of the same day an Ordinance was offer'd to the
House founded on the Report which being read a first time and put to a
Passing was carried by one Vote, and sent up to the Council, before it
came down from the Upper house the Members (who were very desirous of a
Conference with your self in Expectation that an Expedient might be
found out to accommodate this Affair) determined to put off a second
Reading of it for 3 weeks and proposed that a Conference with you should
be desired on the Subject of the Indian Trade in the mean time. In this
Attempt the Members succeeded and (I believe) the Ordinance would have
been thrown out, had not Mr. Rutledge gone to his Plantation that after
noon, having carried it for postponing reading the Ordinance a second
time; a Message was sent to his Honour [sic] to desire his Leave to adjourn
for 3 Weeks &c. In answer to which he replyed [sic] in Substance that as the
important Affairs for which the General Assembly had been conven'd were
not brought to an Issue he could not permit us to adjourn longer than
till Monday morning. Upon this the former Debate was renewed and a
Motion made for reading the Ordinance a Second time immediately
and the Question being again insisted on, 'Twas carried for the Heading
a of it and accordingly read a 2d and a 3d time and past and at about 9
of the Clock that evening 'twas ordered to he ingross'd and the same
night assented to by his Honour [sic] the Lieut. Governor. I should by this
same Conveyance send You a Copy of this Ordinance, but Col. Henwicke
informing me that the Lieut. Governor will send it with the Report before
mentioned, I apprehend it will he altogether unnecessary; The Account
I have now given You of the Proceedings in the lower House You may depend
on is exactly as it was there transacted. I have only to remark on this
occasion that the House was thin and never more equally divided, and
many who were for the Ordinance said an Accommodation with You on this
Affair would he much more agreable [sic]. The Expedient proposed by some of
your Friends is that the Agent for Indian Affairs shall be of your
Nomination and our Traders subject to his Directions, and their Conduct
under his Inspection. I have some reason to believe that if something
like this will be to Your Content, This Government will on a Conference
fall into it; It gives me a great Concern to hear how free the
rude unthinking People treat Your Character, but 'tis to me some
Satisfaction to observe, that Your Enemies are of this despiseable [sic]
Rank, except a few Bigots, Male Contents [sic] , Indian Traders and a
Set of men who think themselves injur'd hy the Opposition You gave them
'Tis a pleasure to me to know that by far a Majority of the
Assembly have an affectionate Regard for You and I believe the best Sort
of the People whom they represent also. I can assure You that one of
our Members informed me that those he represents would rejoice to see
You at the Helm of Affairs in South Carolina, and I could wish that the
whole Legislature of this Province could give as convincing Proofs of
their Zeal and Concern for the Prosperity and well Settlemt [sic]. of
this Colony as You are daily giving of yours to Strengthen and secure
all North America. If the Affairs of your Colony would but permit You
to take a short Tour into this tho' no further than to Port Royal, I
make no doubt but on signifying your Inclination to confer there, a
Committee of both Houses would cheerfully meet You for that Purpose at
Beaufort. I've drawn this Letter to so great a length that I have
scarce Room to acquaint You of the Reason of my writing a Letter to
Mr. Causton in favour [sic] of Mr. Henry Bedon. I knew nothing of his Design
to go to Purysburgh & Savannah till his Boat was loaden [sic] and that morning
he came to my house to take his Leave of his Sister; At which time I
took an Occasion to ask him if he had any Rum on board, on his replying
that he had I advised him to tarry a few days in hope that we should
see You in Town or know what Resolution You would come to with respect
to the Navigation of the Savannah River, but he said Mr. Wragg and
others told him there was no Danger, and that he might go with Safety
if he did not stop at Your Port. I further ask'd him if he had any
Licence [sic] or Certificate from this Government and finding that he had not
I advised him to go to Col. Fenwicke, the Governor being absent, which
he afterwards did and from him he obtained a Certificate. I ask'd him
further if he was willing to enter into Bond at your Colony not to Run
or Smuggle ary Rum, he replyed [sic] he was; Upon this I told him as 'twas
probable You would not be at Savannah, I would write a few Lines to Mr.
Causton which I did in Expectation that as the Method I proposed to
remove any Jealousy of his Running it into your Colony carried with it
the Face of Honesty, the Magistrates would shew him all the Indulgence
they could. I should have said nothing on this Head had I not been
informed that 'twas Suggested twas I that put him upon the Voyage.
I am Sir &c.
Letter from Mr. Oglethorpe to the Duke of Newcastle dated 1st
The Importance of the Subject makes me trouble Your Grace with
this long Letter. The French upon the Mississippi River under the
command of Monsr. Le Bienville in October last received Advices from
Europe to prepare for a bar with the English this Spring; which bore
date about the time that His Majesty declared his Intention of sending a
Fleet to Lisbon. They spent the Winter in drawing together a body of
2500 French, and would only take 800 chosen Indian Warriors. They in
vain attempted to gain over to their Interest the Creek Indians through
whose Country their Road to Charles Town lies. They provided Pack
horses, sufficient to carry 70 days Provision, made Magazines upon the
Mobille [sic] River at a Fort there called Albamas, or Fort Tholouse,
which is the nearest they possess to Carolina, and to which the Pack horses from
Charles Town go in 27 days. They were to rendevouz [sic] at Mobille [sic]
in January end to take the field in March. In January Monsr. Le Bienville
arrived there, and on the 10th of that month Vessels from Europe brought
him Advice that His Britannick [sic] Majesty's Measures had been so successful
as to procure a General Pacification. On this the Troops were ordered
all "back, and Monsr. De Bienville gave out that the Expedition was
intended against the Chickesaws, a Nation of Indians in Alliance with
the English, & nearer by some 1OOs of miles to the Quarters the Troops
came from than the Mobille [sic]. The advanced Guard of Monsr. De Bienville
consisting of 200 French and 700 Indians on the 8th of March attacked
one of the Chickesaw Towns, but being repulsed, were pursued by the
Chickesaws into the Indian Corn Fields, and after an Hours hot
Engagement, the French retired in tolerable Order for 3 quarters of a
mile; but then being entirely broke, they left 25 French dead, upon the
Spot, and 23 French and 2 Indians Prisoners. 19 of the French were
immediately burnt. Two English Traders who had carried up Goods to sell
to the Chickesaws persuaded them not to burn the French Prisoners,
which their War Captain would have consented to, but unfortunately one
of the French spoke English, and the Trader answering him, the Chickesaw
General cried out "This is a Traitor, he speaks the same Tongue as they
do, and he speaks for them, therefore burn him also." It was with much
ado that the Elders of the Nation saved him. The Chickesaws pursued and
3 days after met with another body of some hundreds of French who
guarded their Boats on the Missisippi [sic] River, but no Indians. The
Engagement was very short, the French immediately taking to the Stream,
where most of them were drowned, their Boats having been in the
beginning of the Action sunk or burnt by the Indians. We have no
Advice yet of what is become of Monsr. De Bienville, but the Trader who
escaped burning, seeing the Indians with a Packet of Letters procured
and delivered them to me.
I have apprized Your Grace that the Creek Indians pursuant to the
Treaty they made with His Majesty in England, carried me down to the
Frontiers of his Dominions in America, which are divided from the Spanish
by the River of St. Johns, and of which the English, or their Allies the
Creeks have been in quiet possession before the Treaty of Utrecht.
Since my last, the Governor and Council of War at Augustine, have
disputed over Eight to St. Simons and the Alatamaha, but at last offer'd
to leave all Differences concerning the Limits of the two Provinces to
the Determination of the Courts in Europe, provided I would
deliver up the Port at St. George's Point, on the North Side of St.
John's River, over against their Garrison; which I shall not do, without
His Majesty's Orders, if I am able to defend it. I have forbore all
Hostilities, tho' greatly provoked, and have fortified in such a manner
that they do not care to begin.
I have not been yet able to go to Charles Town. I sent up some
a of Your Grace's Letters, others I kept to carry up my self. The People
seem very unwilling to comply with any of His Majesty's Orders. I was
a Favourite [sic] with them when I was here before a private man, but now they
are angry because I insist upon their paying obedience to the King's
Commands, particularly to That regulating the Treaty with the Indians.
Some of their Merchants carrying on a clandestine Trade with the French
and Spaniards are very zealous against every thing that settles the
Indians in His Majesty's Interest; for if the Indians go to the French
and Spaniards those Merchants gain by it, because they sell to these
Nations at vast prices. Goods to present and trade to those Indians. By
this Act no Person can go into the Indian Country without giving
Security for his behaviour [sic] and obtaining a Licence [sic] thereupon,
a Precaution absolutely necessary; since if men, without Security given,
went into Countries where are no Magistrates to do Justice to the
Indians, they would he apt to commit all sorts of Offences [sic]. If we
suffer'd the Indians to destroy them for such Offences [sic], we should give
them the Government from the King; and if we did not, they would take a
national Revenge on us all, and be therein underhand supported
by the French & Spaniards, who are labouring all they can to promote
such an Action. I thank God there are enough honest and faithful
Subjects to His Majesty, both here and in Carolina to execute the
Kings Orders, notwithstanding the Clamours [sic] of the men, who can bear no
kind of Government, but would rather assist Foreigners to draw Slavery
upon themselves and their Posterity, than they will obey Laws made by
the best of Princes for their Benefit. Excusing my being tedious is
only making my Letter more so, and therefore I shell only add that
Your Graces most Obedt.
and most humble Servt.
1st July 1736.
Letter from Mr. Kennedy O Brien to Mr. Oglethorpe dated 2d July
Honourable [sic] Sir
Being informed by Mr. Lacy, Mr. Brown and some other Gentlemen
That my Name was Signed to a certain Memorial Exhibited by some
Merchants and others of Charles Town complaining (among other things) of
the Hardships they were liable to by being deprived of the Benefits of
the Indian Trade for the time to come. I take this opportunity to assure
Your Honour [sic] that I never knew of any such Memorial until I was informed
of it by the Gentlemen above mentioned nor was I ever consulted upon it,
neither had any Person any Commission from me to do so. Indeed there is
a Gentleman in Charles Town that I owe a large Sum of Money to, who I
believe made bold to Sign my name imagining (as I suppose) that it
might be of some Advantage to me. I humbly thank Your Honour [sic] for
ordering me a Lot in Augusta, and am
Your most Obedt. humble Servt.
2d July 1736.
Creek Indian Talk 3d July 1736.
2d Audience. 1st Part.
Savannah in Georgia
3d July 1736.
At an Audience the Upper and Lower Creek Indians had of Mr. Oglethorpe.
Mrs. Musgrove Mr. Alexander Wood and Mr. Thomas Wiggin Interpreters.
Tomo Chachi said, That before he went to England, he left Capt. Watson
Partner with Mrs. Musgrove, but on his Return found things
contrary to what he expected.
Mr. Oglethorpe ask'd What he complain'd of?
Tomo Chachi. He ill used Mrs. Musgrove and the Indians.
Mr. Oglethorpe. What did he do to the Indians?
Talohomi. He took their Pistols and Guns from them.
Mr. Oglethorpe. Why did he take them? Did they abuse him?
Talohomi. While I was going up the River, Watson took my Gun away from
me, for what reason I know not. I was drunk, the other Indians
were sober and lost all theirs.
Stechi says, his Gun, too was taken, he being absent.
Here Watson was brought in.
Mr. Oglethorpe. I am sorry Mr. Watson to see you here. The Indians
confirm their former Complaints against You. I sent for You
that You may hear what they say.
Watson. Am I allowed to have a Copy of my Accusation that I may
consider of it?
Mr. Oglethorpe. You will hear what is said.
Tomo Chachi says, That on his Return from England, he heard Watson had
killed one of his People, that the Indians he feared would kill him,
and therefore desired he might be sent out of
Mr. Oglethorpe. He has been tried for that by our own Laws.
Tomo Chachi. It was only for his own Sake I desired it that he might
come to no Harm, & therefore I was glad that he was confined.
The rest of Tomo Chachi's Words Wiggin Interpreter says he
understands as shewing an Inclination in Tomo Chachi to interceed [sic]
Watson. The Indians came to me desiring a horse to carry some Leather
to Purrysburg [sic]. I refused them it, being unwilling the Leather
should go thither. They then would have my Canoo [sic], which I
still refusing, they loaded their Leather in it "by force. I
represented the Injustice of it to them in vain, and sent
immediately to Town to Mr. Vanderplank (now in Court and who
cannot deny it) for Advice what to do. He had me not let them
take it away. Mr. Causton prepared Arms and men, came down,
and himself disarm'd the Indians. He sent them their Arms
again the next day, I thought in a wrong manner, by a boy; and
that he ought rather to have made them a Speech and excus'd
disarming them from the necessity of so doing.
Tomo Chachi says. The Indians, like the English, were willing to try
several Places, & therefore would carry their Leather to Purrysburg.
Stechi. That Watson was cross, and used them roughly, therefore they
were willing to sell elsewhere.
Watson. Stechi had no Property at all in the Skins
Tomo Chachi & the Indians Say,
The Boat was not Watson's but one of their own, belonging to Tomy Jones.
Watson. It was his, but in my Charge, he owing me money. To satisfy
the Indians for refusing my horse I afterwards bought one and
let them have it.
Mr. Causton says. That on notice of a disturbance among the Indians
he went down himself, found Watson drunk, Talophelechi [sic] and the
Indians exceeding angry. That Skee in particular was much
inraged [sic] at seeing him draw up the English, and coming offered
to take away their Arms. One man advised them to deliver them,
and himself did so; which Mr. Causton immediately retook from
Talophelechi; but returned them their own Arms shortly after.
Mr. Oglethorpe. Why then Mr. Causton I find You were to blame. You
did not know the Consequences of such an Action. A less thing
than this might have cost You all your Lives.
Stechi Says, That he left his Coat, Bridle, Saddle, Girth and Gun in
Watson's House, who, upon his going to take them again, beat
Mr. Oglethorpe here had the Indians observe he was always
ready to do them Justice, and they free to complain of any
Injuries; which he afterwards repeated, telling them withal
that neither must they do any harm to our People,
Watson. I know nothing of his Gun and other things and am sure they
were not left in my house. My Servants likewise have deposed
upon Oath, that they knew nothing of their being left there.
I heard my Servant and Stechi quarrelling [sic]; went and found
Shoes and other of my Goods with him. I told him he must not
have them without paying for them. He laid hold of me and tore
my Shirt. Blows followed. We talked the matter over,
drank together, and came to a good Agreement; None Present.
He had upwards of L 40 Currency of me by order of the Court as
Satisfaction; nor would he ever have complained had he not been
put upon it.
Talohomi says. He had another Mother died at the Point that Skee came
to him and said he was sick and going to his Grave.
That Watson said Skee was going to the Cowpen to he buried;
and that he (Watson) was the Cause of his Death. That several
who spoke English told Talohomi Watson said so, particularly a
a Slave Wench of Mrs. Musgrove's.
Mr. Oglethorpe. Was there any Malice betwixt Skee & Watson?
Talohomi says No. He knows not of any.
Watson says. The Words he used concerning Skee was a rash Proverbial
Saying "That he had drank him to Death."
Talohomi says something which Wood (interpreter) understands as if
Talohomi should say. He apprehends Watson put something in Skee's
Victuals or Drink.
Mr. Oglethorpe desires he would bid him say it over again that he
may he sure. Talohomi repeats it, and Wood says the Words do
not bear that Sense.
Wiggin (another Sworn Interpreter) says the meaning of Talohomi's words
are That Skee used to eat Victuals with Watson, & he (Talohomi)
thinks the Victuals did him harm.
Creek Indian Talk 3d. July 1736
2d. Audience. 2d. Part.
At an Audience given by Mr. Oglethorpe to the Upper and Lower
Creek Indians at Savannah in Georgia
3d. July 1736.
Mrs. Musgrove Sole Interpreter in the beginning of the Conference
afterwards Alex. Wood and Thos. Wiggin.
Mr. Oglethorpe. Began by telling them They should tell their own
People what they had heard and seen here. That he loved them
and their Children and came over a great Sea from England
because he heard the Spaniards had killed some of then. That
he had gone down to the Spaniards & spoke strongly to them to
forbear, and make the Indians Satisfaction; and carried with him
some great Guns to speak to them if he should not speak loud
enough. But that the Spaniards promised them Justice
against the Pohoia King.
Chigillee Tomo Chachi and the rest express'd the greatest Content
and Satisfaction. Tomo Chachi coming to the Court tho' he had
then a fever upon him.
Chigillee. Said They had been told in their own Nation that they
should all have their Heads cut off here, for which reason many
of their men were afraid to come. But that their Children he
saw (shewing them in the Court) were not afraid to come; and he
should tell the men so when he went back.
Wiggin. Says The Spaniards told them Mr. Oglethorpe would cut
off theirHeads. The Carolina People, that he was come to steal
Mr. Oglethorpe. Frequently encouraged them if they had been ill
used, or had heard any other Stories they should declare it,
that his Ears were open to hear, and himself ready to do them
They said they were throughly convinced of the falseness of the
Reports they had heard and would convince their People; but did
not mention any new Stories they had heard only Chigillee said
Tomy Jones would tell him lies when drunk and say he threw him
Mr. Oglethorpe. Then You see what an Evil it is to get drunk since
it makes men tell such Lies.
Chigillee. Complains that while his Creeks and the Cherikee [sic] Indians
are at War. The Cherikee [sic] Traders come out on Horseback. That
he has called to them, but they immediately ride hack and alarm
the Cherikees [sic]. He desires the Traders may not intermeddle, but
leave the Indians to one another, and stay in their own Houses;
that the Creeks would not hurt them. He begs Mr. Oglethorpe
would send up to the English and forbid their helping the
Cherikees [sic], as they the Creeks would not let their own English
Traders help them.
Mr. Oglethorpe. Before the Cherikee [sic] Traders went away I
ordered them in presence of the Head Warrior never to go out
against the Indians. If they did, I should look upon it as going
against the English. If any man hurt any Indian let me know it.
To prevent their fomenting your Divisions I do not suffer any
white man to go up to the Nation but whom I approve. I have
forbid their meddling at all in your Quarrels, If they disobey I
shall know what to do.
Chigillee. We have often endeavoured [sic] to intercept the Traders that
would discover us and keep them till our fight was over and
then let them go or bring them safe to You.
Mr. Oglethorpe. That I fear could not so easily be done, for the
English won't be taken alive, tho' the Spaniards and French
Wiggin. Says there is a Virginia Trader one Wm. Burlew who always goes
out with the Indians to war and boasts that he always will do so.
Mr. Oglethorpe to Chigillee
This Trader, tell us who it is helps your Enemies.
He is not one of our People, I will send orders to
have him removed. Will your People hurt the Uchees?
Chigillee. No. The Uchees and we are friends, but if we meet with any
of the Cherikees [sic] we or they must die.
Mr. Oglethorpe. But We must desire the Path may be safe, for they are
coming to me. There are days enough in the Woods for blood.
Chigillee. We must kill them whenever we meet them.
Mr. Oglethorpe. The Cherikee [sic] King said to Tomo Chachi You are weak
and we are strong therefore we will not come down to the Rivers
to hurt You.
Chigillee. We made Peace with the Cherikees [sic] but they afterwards
killed our Women and Children & we can have Peace with them no more.
They talk well to Tomo Chachi but they will kill me if they
can. They are mad.
Mr. Oglethorpe. New men are come up now, and all the Mad men are
We ought all to love one another. I wish the Indians did so,
but I shall not intermeddle; and if the Indians do not love one
another, the white men shall not intermeddle.
The Traders Say. The French are fortifying the Albamas [sic], enlarging
the Fort last Autumn. Yet they promised the Indians, if they
would not pull it down they would never repair it again, but
instead of that had made it much stronger.
Emalagechee [sic]. Desires G. Cousings who lived in his Town may live there
again. Cousings being called answered. The Indians of the Town
where he now is would not part with him.
Mr. Oglethorpe. Said He should have a good man Robt. Perriman in
The Indians appearing uneasy at the length of the Audience Mr. Oglethorpe
ordered the remaining Presents to he shewn them which he told them were
for their Wives and Children at home that they might remember him and
the Talk had at this time with the English. He told Chigillee he
should have the distributing them. Chigillee at first declined the
Office, but afterwards accepted it Saying he would dispose of them
among the Wives and Children of those who had ventured to come up with
Mr. Oglethorpe. Told them he gave them those Shott &c. in consideration
of his not abating in the Price of the Shott they had from
the Traders, & added your young People will all take notice that
you had a Talk at this time about my settling upon the Islands
of the Sea. We give You these Presents in token of this
Chigillee. Replied He should think of it when they got up to the
Nation, but how to get up there with so many presents he did not
not [sic] know. He should consider within himself All he had seen &
heard when he got into the Woods and say a greet deal when he
came home & satisfy them all.
Mr. Oglethorpe. For the last thing Chigillee that You may not forget
me I will give you the Coat off my own Back that You may wear
it and that young Man (Mallatchi Son of Empr. Brim intended Succr.
of Chigillee.) after You. Here Mr. Oglethorpe pull'd off his Coat
and gave it to Chigillee.
Chigillee. Then I will put it on immediately Before your face. All I
have seen and heed'd is fair and good. For our Women and Children I
shall take Care they shall all think of it as I do. All shall be straight
between us always. I was never so well pleased in my Life as with this Talk.
6 July 1736
By the Hon. Thomas Broughton, Esqr. Lieutenant Governor and Commander
in Chief in and over his Majesty's Province of South Carolina,
Whereas I have now received fresh advices from the Hon. James
Oglethorpe Esqr. of great importance, which require the immediate
consideration of the general Assembly which now stands adjourned to the
first Tuesday of Sepbr. next ensuing.
I have therefore, by and with the advice and Consent of his Majesty's
Honble. Council, thought fit to issue this my Proclamation, requiring
all and every of the Members of the General Assembly of this Province,
to meet at the usual place in Charlestown on Tuesday next the 13th
Inst, then and there to consult and determine what may be thought
necessary to he done at that time.
Given under my hand and the Great Seal of this Province the
6th day of July in the tenth year of his Majesty's Reign,
Anno Don. 1736 God Save the King
By his Honour's [sic] Command
James Michie Dep. Seer.
Charleston in South Carolina, July 10 1736
On Saturday last in the afternoon King Opayhatchoo [sic] of the Upper Creeks,
and one of the beloved Men from the Abecoes [sic], and one head Warrior of
the Cusatoes [sic], of the lower Creek Indians, were Sent for to come to the
Governor in Council; where the said King began his Speech, which was
interpreted by Mr. Thomas Wright, to the following purpose:
That when the Commissioners had told him to come down, tho it was a
great way, he resolved to come very willingly, and was arrived here in
a good day, not expecting a bad bad; that he was heartily glad to See
the Governor and all his brothers the white people here; and as he
came with one heart and one Mouth, he wished that the Traders might
go abroad in peace amongst them from this place as they did before;
for the white people were all one to him, he not knowing nor expecting
any difference betwixt them, he did not come here for any fee, nor
expected he any thing that is bad; but as he did not talk for himself.
but for all his people, he would not have the river yt [sic] goes round to
be stopped for the carriage of Rum: that he Saw there (at Georgia)
was a Chief, and here was a Chief, all white people and all alike to
him; but that he chases this place to deal with as his friends; That
he is a red Man, and the ground did belong to them but they had parted
with the land on this side ye River, and had no Pretention [sic] to it:
but that on the other side was for the red people and their
land: That Mr. McKay had built a fort there by his consent and had
out done him; but that whoever shall build another fort on his land,
shall be a better Man than he, and that his words shall be the same
there as here, and he not be found a Liar.
A Conference between Mr. John Wesley &c and the Chickesaws in
Georgia. Anno 1736.
10 July 1736 Monday July 10, five of the Chickesaw Indians came to us, & Mr.
Andrews their Interpreter. They were all Warriours [sic], four of them Head
Men of the Nation, & two Chiefs, Postubee [sic] & Mingomawtaw [sic], the substance
of Our Conference was as follows.
Quest. Do You believe there is one above who is over all?
Postubee answer'd, we believe there are four beloved things above. The
Clouds, The Sun, The Clear Sky, & he that lives in the Clear Sky.
Q. Do you believe there is but one lives in the Clear Sky?
A. We believe there are two with him, three in all.
Q. Do You think he made the Sun & the other beloved things?
A. We can not tell; who has seen?
Q. Do You think he made You?
A. We think he made all men at first out of the Ground.
Q. Do You believe he loves You?
A. I don't know, I can't see him?
Q. But has he not often saved your life?
A. He has; I have had many Bullets gone on this Side, & this Side, but
he would not let them hurt me; & these Young Men have had many
Bulletts [sic] that went into them, but still they are alive.
0. Then he can save you from your Enemies now?
A. Yes! but who knows if he will have Mercy? We have So many Enemies
now all round about us, that I think of nothing but Death; & if I
am to die, I shall die, & I will die like a man; But if he
will have me live, I shall live tho' I have ever so many Enemies;
He can destroy them all.
Q. How do you know that?
A. From what he has done, when our Enemies have come against us,
before, then the beloved Clouds came for Us, and often Much Rain,
& some times Hail has come upon them, & that in a very hot day.
And I saw when many French & Checktaws [sic] & other Indians came against
one of our Towns, and the beloved Ground, made a Noise under them, &
the beloved ones in the Air behind them, & they were afraid & all
went away, & left their Meat & Drink & their Guns; I tell no Lie;
all these saw it too.
Q. Have you ever heard such noises as other times?
A. Yes, often; before & after almost every Battle. (here Mr. Andrews
said he had often heard them himself, & so had all the Traders.)
Q. What sort of noises were they?
A. Like the Noise of Drums, & Guns & Shouting.
Q. Have you heard any such lately?
A. Yes; four days after our last battle with the French.
Q. And then You heard nothing before it?
A. The Night before I dream'd I hear'd many Drums beating up there, &
many Trumpets there, with much stamping of Feet & shouting; till
then I thought we should all die; but then I believed the beloved
ones were come to take our part: And ye next day I heard
about 100 Guns go off, before the Battle began, (as did the said
Mr. Andrews) And I said when the Sun is there, the beloved ones
will help us, & we shall conquer our Enemies & we did so.
Q. Do you often think & talk of the beloved ones?
A. We think of them always, wherever we are, we talk of them & to them,
at home, abroad, in peace, in War, before & after fight, & indeed
whenever & wherever we meet together.
Q. Where do you think your Souls go after death?
A. We believe the Souls of Bad Men (that is Indians) walk up & down
near the place where they die, or where their Bodies lie; for we
have often heard Cries & Noises near the place where any Prisoners
had been burnt.
Q. Where do the Souls of White Men go after death?
A. We can not tell, we have not seen.
Q. Our (viz. the white Men's) belief is, that the Souls of bad men
only walk up & down, but that the Souls of good men go up.
A. I believe so too, but I told you ye talk of the Nation.
Mr. Andrews. -- You know what they (the Indians) said at the Burying of
Mrs. Boocy, viz. that they knew what you was doing; you was speaking
to the beloved ones above to take up the Spirit of the Young
Q. We have a Book which tells us many things of the beloved ones
above, which you don't know; would you be glad to know?
A. Our Enemies are all about us, we have no time now but to Fight;
if we should ever be at peace, we should be glad to know.
Q. Do you expect ever to know what the white men know?
Mr. Andrews They told Mr. Oglethorpe they believe the time will
come, when the Red & white men will be one.
Q,. What do the French teach you?
A. The French Black Kings (The Jesuites) never go out; we see you walk
about; we like that, that is good.
Q,. How came your Nation to ye knowledge it has?
A. As soon as the Ground was sound & fit to stand upon, it came to us
& has been with us ever since; but we are Young men; if our Old Men
were here they could tell you more of these things. There are only
a few, whom the beloved one chuses [sic] from a Child, & is in them, &
takes care of them; & teaches them & they know these things; & our
Old Men practice, therefore they know; but I do not practice.
therefore I know little.
The Speech of the Honourable [sic] Thomas
Broughton Esqr. Lieutenant Governor &c
To the Honourable [sic] the Commons House
in General Assembly met July 12. 1736.
Mr. Speaker & Gentlemen,
I Flatter'd my self, there would have been no occasion to call you
again together, so soon in so inclement a Season, & after so late an
Adjournment, but the Letter & Papers I have lately receiv'd from the
Hon. James Oglethorpe Esqr. are in the opinion of his Majesty's Council
& mine, of such Importance, as to make the sitting of the General
Assembly, absolutely necessary at this time.
The several matters contain'd in those dispatches shall be forthwith
laid before you, for your consideration.
I earnestly entreat, you will, when you deliberate on the same,
let all your proceedings be mild & becoming the Representatives of this
Province, whose Rights & Properties are at this time in a great measure
under your Care, the Preservation of which ought to be inviolable,
nothing being so truly valuable to British Subjects, as the free
Enjoyment of their Birth Right, which I am persuaded will induce you
to proceed with Unanimity & Dispatch, & am assured nothing can more
justly recommend you to his Majesty's Favour [sic], than the due support &
maintenance of the Laws in Force, by wch. Rule only his Majesty is
pleas'd to be guided, & wch. alone can make this Province happy.
A convincing argument that our most gracious Sovereign's Paternal
Care & Affection, extends equally to all his Subjects.
To the Hon. Thomas Broughton Esqr.
Lieutenant Governor, Captain General, &
Commander in Chief in & over His Majesty's
Province of South Carolina.
May it please your Honour [sic]
We his Majesty's dutifull [sic] Subjects the Commons met in General
Assembly in Obedience to your Honour's [sic] Proclamation for that
Purpose, return your Honour [sic] our most hearty Thanks for your kind
Speech to us on this Occasion, & we take leave to assure your Honour [sic],
that notwithstanding the Inclemency of the Season, as well as the
Inconveniency [sic] of being absent from our several Habitations at this
time of the Year, we are now met with Hearts well disposed to joyn [sic]
with your Honour [sic] & his Majesty's Council, in promoting any Measures
that may testifie [sic] our disposition to act as most faithfull [sic]
Subjects to his most sacred Majesty, & that always with the inviolable
Regard wch, on every Occasion we ought to exert, to preserve the Enjoyment
of the just Rights & Priviledges [sic] of British Subjects, in which as
we are always assured of his Majesty's most gracious Protection, so we
can make no question of your Honour's [sic] Countenance & Concurrence, &
also the same from his Majesty's Honourable [sic] Council.
Paul Jenys, Speaker.
Copy of a Letter from Mr. Paul Amatis to the Trustees Dated at
Savannah 12th July 1736. (Written in French, so not copied.)
Chickesaws Indian Talk 13 July I736.
At an Audience of the Chickesaws at Savannah in Georgia
James Oglethorpe Esqr,
Andrews and T. Jones
The Chickesaws first produced their Commissions whereby it
appeared they had been declared Subjects to the King of Great Britain
by the Governors of Carolina and were as such intitled [sic]
to the Help and Protection they sought for.
Postubee -- Chief of the Chics.
We are come a great way to see You. The Sun
was very hot and burnt our Heads, and we wanted
Water, yet we would come. We have many Enemies,
and beg Powder and Shot.
Another Chic. Chief -- Mingo bemingo
Brother my Chief, your Powder and Bullets are
Warriors, they kill their Enemies.
We walk about very poor, we want Guns.
Postubee -- We are come a long way to see our Elder brothers, the
Beloved men, the Scotch Warriors, and the Black Kings (So the French
teach them to call the Clergy)
I have seen Charles Town before, but I now come to see You,
and like this Place exceedingly.
Mingo bemingo -- We heard You was a Red Woman's Child; Tonny Craig,
Tomee Wright, Billy Greg, and Kilkenny told me so, But
now I have seen you, I believe you have as white a body as any
in Charles Town. They told us many Talks, but You see we
did not believe them.
Mr. Oglethorpe -- I am a Red man, an Indian in My heart, that is I love
them; do they love me the worse for that?
Postubee -- We believe You are a Red man in your heart. We have brought
our Wives and Children to see you too.
Mr. Oglethorpe -- Is there any thing You want to see or to have?
Chickesaws. We are come and have seen You. Our Horses are at
Savannah Town, and for ought we know may be lost; yet we will
not go till 2 or 3 days hence. We must first have another
Having shewn an Inclination to see the Light house at Tybee, they were
asked whether they chose to go today; they doubted whether they should
have time till Mr. Oglethorpe proposing it.
Chickesaw -- Mingo bemingo -- Said, Why then we will go to see the
great House and the great water. Nay, if You bid us, we will go
Mr. Oglethorpe -- I wish some of your young Men would have gone over
then with me; for then they might have had help against their
Mingo bemingo -- We are come into our own Town and our own People,
and had we not so many Enemies we would stay here till Winter, But
I have an old woman to my Wife, and I believe every man would take
Care of his wife, and therefore I would go as soon as possible.
The People of Savannah Town said I was going to a French Town
and a French man. I told them if they were such, I should
die quickly. That I was an old man, and it was time for me to
die. The Creeks, Chickesaws, Obehatchee [sic] and the white men
all told us so. That we should be tied, and never return. But
we have seen You and are Satisfied.
The great Talk is given out, we have a great many smaller
Mr. Oglethorpe -- Tomorrow by break of day I will be with You and hear
Mingo bemingo -- We heard of Georgia in our own Country. They have a
great many Talks at Savannah Town, They told us You were French,
the Abeenchee [sic] King said so; but we were resolved to take your
Talk & we have taken it. Heart is glad as Yours. You shall
have the rest of our Talk tomorrow.
Chickesaws Indian Talk 13th July 1736.
Savannah in Georgia
13th July 1736.
Andrews & T. Jones
Chickesaws -- We are come a great way thro' desarts [sic] without water
in the hot Sun. We are glad to see you and all the beloved men here
together. We rec'd a great Letter from the great Mico.
We come to You our Mico for Assistance. We have had Ammunition
from the French but have none now. We want Powder and Bullets.
'Twas the English first came to our Nation, not the French.
We can't tell You the Names of all our Enemies, there are so
many of them.
The Choctaws, Tomassaws [sic], Movilles [sic] and Tomos [sic]
(these not concerned in the late Invasion).
The Yungusees [sic], Tomolohaws [sic] (commonly called Ilonois [sic])
Newtowee [sic] and Wrawtonoo [sic]; these with the French that have
just now fallen upon us.
700 men came into our Towns twice, but have not killed us all,
for some You see are alive yet. The French have Forts in all
of these Nations and keep them always in readiness to send
A long time ago we heard from the great Mico. They promised us
white men & Arms and to send us white men and writings.
The People of Carolina promised them too, but never sent them.
We ask nothing besides Powder & Bullets, but You have a Heart.
Mr. Oglethorpe -- Have You any Friends?
Chickesaws -- None but what are here. But were we to tell You all
our Enemies, that Paper (pointing to him that took down Notes)
would not hold them all.
The French say your Powder makes no Noise, your Balls drop down
as soon as they come out of the Guns.
Mr. Oglethorpe -- As to that, let some of your young men try and see
whether the Powder we give You is good. Take the good and
leave the bad.
Chickesaws -- We know it will be good if you give it us. We will not
look upon it. The French told us so, but we did not believe
Mr. Oglethorpe -- But You had better look upon it, lest it should he
damaged by coming over the great Water.
Chickesaws -- Then we will.
Mr. Oglethorpe -- This was needfull [sic] to talk of. If You have any thing
else say it.
Chickesaws -- We are but so big (making a small Circle with his Fingers)
You English are so big (making a larger) but the French are
quite round us all (stretching out his Arms) and kill us like
Hogs or Fowls.
Mr. Oglethorpe -- Are the Cherikees your Friends?
Chickesaws -- They and they only. The Creeks are almost our Friends,
h the Albamas [sic] Indians are entirely French.
Mr. Oglethorpe -- Are the Chocktaws [sic] as much your Enemies as ever?
Chickesaws -- No. The Chocktaws came not against us in the late
Invasion, except some Straglers [sic]
Mr. Oglethorpe -- Till I can get You more Help can any come to You from
Chickesaws -- We do not know. They are Red People. You know what You
Mr. Oglethorpe -- Which of the Cherikee Towns were most friendly to You?
Chickesaws -- Tannasee [sic] and Great Telliguo [sic] were our beloved
Towns, till the Creeks killed their Chief Warrior.
We are told the French will bring great Guns to us, but we do
not believe they can.
Mr. Oglethorpe -- They can't bring them, but they can bring something
like them (Granados [sic] here described) Therefore it is dangerous
to keep within Pallisadoes [sic], I was bred to War, and know these
things, I will throw one of them before You. In our Wars with
them, we have come so near the French as this Room is wide, and
yet could not come quite close. Then we threw these things. I
have taken them up and thrown then back again.
Chickesaws. But the French tell us You have none of them.
Mr. Oglethorpe -- That You shall see. They are dreadful if a few men
get into a little Place. Then, if they are thrown, the men
can't help themselves,
Chickesaws. We say the same.
Mr. Oglethorpe -- 'Twas thus the French caught the Notches
in a House, and then they could make no Resistance. Seep in
the open Fields, a good Tree these things can't get through.
17 July 1736
To the King's Most Excellent Majesty.
The humble Petition and Representation
of the Council and Assembly of Your
Majesty's Province of South Carolina.
May it please Your Majesty
We Your Majesty's most Dutifull [sic] and Loyal Subjects the Council
and Assembly of Your Majesty's Provice [sic] of South Carolina now met in
General Assembly at Charles Town in all Humility beg Leave to approach
Your Sacred Person and to return our humblest Thanks for the many
Instances of Your Majesty's Paternal Care and Goodness extended to us
Your Majesty's faitlifull [sic] Subjects and to repeat the Assurances of our
sincere and inviolable Attachment to Your Most Sacred Majesty's Person
and Government and that of Your Majesty's Illustrious House and at the
same time humbly to implore the Continuance of Your Majesty's Royal
Favour[sic] and Protection.
Your Majesty's Subjects the Inhabitants of this Province with
Hearts full of Gratitude being highly sensible of the many Instances
of Your Princely Care and Concern for the Safety and Happiness of all
Your People think themselves under the greatest Obligations to acknowledge
the just Sense they have of Your Majesty's Goodness in establishing
the Colony of Georgia by Your Royal Charter for the Relief of many
of Your Majesty's poor and indigent Subjects for the Security and
Defence [sic] of the Frontiers of Your Majesty's Dominions in North
America and for the encreasing [sic] & extending of the British Commerce.
In furtherance of which Your Majesty's most Gracious Intentions the
People of this Province excited by Your Majesty's great Example exerted
their utmost Ability in assisting of that new Settlement with Supplies
of Men and Money and in performing all other Offices of Friendship and
Humanity In Consideration whereof Your Petitioners had the greatest
Reason to expect that the Inhabitants of Georgia would on all occasions
have testified their good Disposition to have lieved [sic] in Friendship and
to have preserved a good Understanding with Your Majesty's Subjects in
South Carolina But it is with the greatest Grief and Concern
that Your Petitioners find themselves constrained from the repeated
Injurys [sic] received from the Magistrates and People of Georgia to make
their Conduct known to Your Majesty, a Conduct! which if pursued in all
appearance will endanger not only the Peace and Tranquility of Your
Majesty's Subjects in this Province but also of other Parts of North
It is upwards of Seventy Years since our Ancestors faithfull [sic]
Subjects of Your Majesty's Royal Predecessors moved with a pious and
laudable Zeal for the propagating the Christian Faith and Knowledge
and enlarging the British Empire and Dominions (at their no small
Expence [sic] and hazard and without any Burthen [sic] or Charge to the Crown or
Kingdom) undertook the planting a Colony of British Subjects in this
Province, in which thro' the Blessing of Almighty God and the favour [sic]
and Indulgence of Your Majesty and Your Royal Predecessors & their
Industry Care and Oeconomy [sic] they formed an Establishment from whence they
have grown and become a People of no inconsiderable Trade and Commerce
and as they humbly hope of some advantage to Great Britain not only in
the Consumption of their Woollen [sic] and other Manufactures but also in
the Extention [sic] of the British Trade and Empire several hundred miles
among the Native Indians.
We humbly pray Leave to add that the Security and Wellfare [sic] of
this Province (next under God and the Wisdom and Goodness of Your
Majesty) hath been owing to nothing more than the Regulations which from
time to time have been established "by the Legislative Authority of this
Province derived under the Crown of Great Britain with regard to the
Trade and Commerce carried on from hence with the several Nations
of Indians almost Surrounding us And that it is by these means alone
that We have been able to preserve a General Peace and Friendship with
them for upwards of these twnty [sic] Years last past.
That before these Regulations took place Your Majesty's Subjects
of this Province were under great difficultys [sic] to preserve at best but a
precarious Peace and Friendship with the Indians And this alone has had
the Principal Attention of the Legislature of this Province as they have
ever found that to cultivate a Harmony and good Understanding with the
Indians was a matter of the last Consequence to the Province To this
End have all our Counsels been directed and having at length by the
Experience of many years found it necessary We established these
Regulations which at present subsist for carrying on an open and free
Trade and Commerce with those Indians as best conducive to preserve
Peace and Friendship with them.
We humbly beg leave further to represent to Your Majesty that We
had good reason to hope and expect that agreable [sic] to Your Majesty's
Royal Intentions the Settlement of the Colony of Georgia would have
tended as well to the further Security of Your Majesty's Subjects of
this Province against the Indians as to the private Advantage &
Emolument of that Colony by their acting in concert with Your Majesty's
Subjects of this Province in all Affairs with the Indians And this We
judged the more reasonable as We humbly conceived that from a long and
careful Observation of Events We might be supposed to be better
acquainted with the Mature Customs Dispositions and Views of the
Indians than Your Majesty's Subjects of that Colony from their short
standing could possibly be at least We expected they would never act in
such a manner as to exclude Your Majesty's Subjects of this Province
from any Commerce with the Indians nor offer to impose upon us such
Terms as would be too grievous a Burthen [sic] to be born and which would in
effect amount to an Exclusion not only from the Trade but in consequence
of it from all manner of Correspondence with the Indians and of all
means of treating or negotiating with them for the Common Safety.
But instead of finding these reasonable Expectations answered a
very different Conduct is observed by the Gentlemen who have the
Administration of Affairs at Georgia which will effectually exclude Your
Majesty's Subjects of this Province from any sort of Commerce with the
Indians tho without such a Commerce tis impossible to secure our
Interest amongst them or to provide for the Safety of the Province.
For We beg Leave to acquaint Your Majesty that the Magistrates or those
who are in the Exercise of Power at Georgia assume an Authority of
obliging all Persons whatever tho residing in other Colonys [sic] to go
thither and to take out Licences [sic] to Trade with the Indians and of
threatning [sic] to imprison such of Your Majesty's Subjects of this Province
And to Seize and Confiscate such of their Goods as shall be found in the
Indian Nations without Licence [sic] first Obtained from Georgia
notwithstanding such Persons are or may be Licenced [sic] from this Province
and have given Bond here for the Observation of all the necessary Regulations
which the Laws of this Province require which Laws were previously made
and are the same in Substance with those the Traders from Georgia are
obliged to observe contrary as We humbly conceive to Your Majesty's
gracious Intentions and the Rights and Liberties of their Fellow Subjects
And the better to accomplish their Designs they have sent an
Armed force into the Indian Country to be employed against Your
Majesty's Subjects of this Province a Proceeding which unless speedily
prevented by Your Majesty's most Gracious Interposition may be of the
most fatal Consequence and may give such Umbrage to the Indians by
nature Jealous that this Province as well as Georgia may soon be
involved in Blood and Confusion.
Permit us most Gracious Soverign [sic] further to lay before Your
Majesty that in this your Province are near fifteen thousand Souls of
the white Inhabitants Subjects to Your Majesty whose Safety in a great
measure depends on the well conducting and Management of Affairs with
the Indians But under Colour [sic] of the Act past by the Trustees of
Georgia for preserving Peace and Friendship with the Indians and which Your
Majesty has been pleased to confirm an Authority has been Assumed under
the Sanction of your Royal Name and Matters have been so ordered by the
Magistrates and those who are in the Exercise of Power in Georgia that
the Lives and Fortunes of many of Your Majesty's good Subjects will be
endangered than which We are assured nothing could be more distant from
Your Majesty's Gracious Intentions when You was pleased to Confirm that
Act And We beg Leave in all Humility to say that We cannot conceive that
the Act so confirmed by Your Majesty can give any Countenance to the
People of Georgia to take upon themselves the Sole Management of Indian
Affairs for several of Your Majesty's Colonies in North America.
A Task to which a people so lately settled in America and so little
acquainted with the Customs and Manners of the Indians cannot reasonably
be Supposed to he equal and who have very lately given by the ill
Management and Conduct of their Agents & Officers too flagrant Proofs
of their insufficiency in matters of so great importance to the Peace &
Security of Your Majesty's Subjects.
We doubt not that Your Majesty in Your great Wisdom will consider
that a rash or imprudent Step taken in any one of Your Majesty's
Colonies with respect to the Indians may embarrass all the rest. The
Indians possess the Inland parts throughout the whole Continent of North
America and 'tis a known and avowed Principle amongst them that an
Injury done by one man of any Nation is to be revenged on the whole.
From these Considerations find from Your Majesty's known Justice and
repeated Assurances of preserving all Your Majesty's Subjects in the
uninterrupted enjoyment of all their Rights & Privileges We are encouraged
to think that the above mentioned Law was only intended by Your
Majesty to regulate the Persons who should Trade with the Indians from
Your Majesty's Colony of Georgia and was not designed to prohibit Your
Majesty's Subjects of this Province from Trading with the Creek Cherokee
and other Nations of Indians in Friendship with them without their
being obliged to take Licences [sic] from Georgia when they were before
under the same Regulations by the Authority of the Laws of this Province And
this We are further induced to believe as Your most Sacred Majesty was
graciously pleased by the Right Honourable [sic] the Lords Commissioners for
Trade and Plantations to enter into a Treaty of Friendship and Commerce
with the Heads of the Cherokee Indians at London on the Seventh
day of December in the fourth Year of Your Majesty's most auspicious
Reign and thereby to decare [sic] that Your Majesty had ordered Your People
and Children the English in Carolina to Trade with the Indians and to
furnish them with all manner of Goods they should want to make haste
to build Houses from Charles Town towards the Towns of the Cherokees
behind the great Mountains, and that that Treaty of Peace and Friendship
between the English and Cherokees should continue as long as the
Mountains or Rivers should last or the Sun should shine. And also from
a Treaty of Friendship and Commerce of the same Import made and entered
into by his Excellency Robert Johnson Esqr. late Governor of this Your
Majesty's Province soon after his Arrival in this Province in the name
of Your most Sacred Majesty with the Kings and Headmen of the Upper and
Lower Nation of Creek Indians which Treatys [sic] are as We humbly apprehend
hitherto Subsisting and in their full force and are so understood to be
by those Indians. As the preserving the Peace and Friendship with the
Indians towards all Your Majesty's Subjects and thereby an exclusion of
all Foreign Powers from any Interest among them is as it ever has been
Ours so it ought to be the Principal Aim and Intention of all Your
Majesty's Provinces from which any Trade is carried on among them And
as it was not necessary to the obtaining these good Ends so it seems
not to have been Your Majesty's Royal Intentions that Your Subjects of
one Colony should be laid under the very great hardship of travelling [sic]
two three or four hundred miles (for so much and more are some of Your
Majesty's Subjects who Trade among the Indians distant from the
Town of Savannah In Georgia) to take out a Licence [sic] and Enter into
Obligations to Observe the Rules and Regulations prescribed in another
Province when the same may be as effectually done and with much more
ease to Your Majesty's Subjects in the respective Provinces from which,
the Trade is negotiated and for which with regard to this Province
effectual Care for many Years past hath teen taken and is by the Laws
now in being enacted and passed by Virtue of Your Majesty's Royal
Your Majesty will be graciously pleased further to give us
Leave on the reiterated Complaints of Your Majesty's Subjects of this
Province to the Legislative Powers thereof humbly to lay before Your
Majesty the violent and as We humbly conceive unjustifiable Proceedings
of the Magistrates of Savannah in Georgia in infringing the
natural Rights and Liberties of Your Majesty's Subjects of this Province
by Stopping their free and open Navigation of the River Savannah and
preventing their carrying their Goods and Merchandize up the same into
other Parts of this Province Your Majesty hath indeed been graciously
pleased by Your Royal Charter for establishing the Colony of Georgia in
America "To give and grant to that Corporation and their Successors
(under the Reservations Limitations and Declarations thereinafter
expressed) Seven undivided parts the whole into eight equal parts to be
divided of all those Lands Countries and Territories Scituate lying and
being in that part of South Carolina in America which lie from the most
Northern Stream of a River there commonly called the Savannah all along
the Sea Coast to the Southward unto the most Southern Stream of a
certain other great Water or River called the Alatamaha and West-
ward from the Heads of the said Rivers respectively in direct Lines to
the South Seas and all that Space Circuit and Precinct of Land lying
within the said Boundarys [sic] with the Islands in the Sea lying opposite
to the Eastern Coast of the said Lands within twenty Leagues of the same
which are not already Inhabited or Settled by any Authority derived
from the Crown of Great Britain Together with all the Soils Grounds
Havens Ports Gulphs [sic] and Bays &c. Rivers Waters Fishings &c.
Jurisdictions Royaltys [sic] Franchises Privileges & Preheminences[sic]
within the said Territories and the Precincts thereof and thereunto in
any sort belonging or appertaining." By which We humbly apprehend Your
Majesty's Royal Intention was that the River Savannah should be the natural
Boundary between the two Provinces without ever intending to debar Your
Majesty's Subjects of this Your Ancient Colony from the free and open
Navigation thereof into all Ports and Places within this Province lying
on the North side of the said River since Your Majesty by Your Royal
Charter hath only been pleased to Grant to the said Corporation the
Lands Territories Rivers Ports &c. lying from the most Northern Stream
of the River Savannah along the Sea Coast to the most Southern Stream
of the River Alatamaha which we humbly conceive does not amount to a
Grant of the Sole Navigation of the River Savannah to the said Corporation
in exclusion of all other Your Majesty's Subjects or that it was
ever so intended by Your Majesty and more especially since the Navigation
of that River is so absolutely necessary to the well being of all
the Southern parts of this Your Province and particularly to Your
Majesty's two Townships of Savannah Old Town and Purrysburgh laid
out on the North Side of the said River in the first of which is a Fort
and Garrison built upwards of twenty Years ago, near three hundred
miles back from the said Rivers mouth and maintained at the Sole Expence [sic]
and Charge of the Inhabitants of this Province for Securing that part of
Your Majesty's Dominions & protecting the Out Settlements of this Province
and in which there are now living about one hundred Inhabitants
and in the other namely Purrysburgh reside upwards of one hundred
Familys [sic] of poor Swiss and other Protestants in settling and maintaining
of whom pursuant to Your Majesty's Instructions has been already expended
by this Province towards of thirty thousand Pounds of this money.
Notwithstanding which the said Magistrates and Officers at
Savannah in Georgia have assumed under Colour [sic]and pretence [sic]
of an Act of the Trustees for establishing the said Colony of Georgia
intituled [sic] "An Act to prevent the Importation of Rum and Brandys
in the Province ofGeorgia" and approved by Your most Excellent Majesty
in Council a Power of Staving and destroying all Rum found in boats and
Pettiauguas passing on the said River to the other parts of this Province
And under pretence [sic] of Search for such Rum Stop and detain the said
Boats and Pettiauguas when in truth such Boats and Pettiauguas to which such
Violence has been used were not bound for Georgia nor was the said Rum
intended to be imported into the same but was bound up the said River
with other Goods and Merchandizes to the said Savannah Old Town and Fort
Moore and had the Lieut. Governor's Licence [sic] and Permit for that purpose
for the use of Your Majesty's Garrison and other Inhabitants within
this Province And that it was known and acknowledged by the said
Magistrates that the said Boats and Pettiauguas were bound into this
Province Yet nevertheless the said Magistrates regardless of their Duty
to Yout Majesty the Obligations they were under to this Province and the
natural Rights and Privileges of their Fellow Subjects with force
compelled several Boats belonging to the Inhabitants of this Province
passing up the said River to Your Majesty's forts and Towns within this
Province about their lawful Employments to Stop and bring to at the said
Town of Savannah in Georgia and there under pretence [sic] that such Boats
and Rum were found in the Waters of Georgia Stave and Destroy the said
Rum and compell [sic] the Masters of the said Boats to enter into Security to
appear at their next Court altho' the River on which the said Boats were
Siezed [sic] is the only Water Passage to the said Savannah Garrison and the
Town of Purrysburgh And is one of the Boundarys [sic] of Georgia and
consequently not within the Precincts or Limits of Georgia To the very great
Injury Loss and Damage of Your Majesty's said Subjects of this Province
and in manifest Violation of their Rights and Privileges and in Breach
of the Laws of their Country as well of those of Nature and Nations
And for which notwithstanding repeated Applications have been made by
this Government to the Magistrates in Georgia no Reparation has been
had or obtained from whence We have been necessitated humbly to
represent these Proceedings to Your Majesty for Relief and Redress therein.
And for the preserving and maintaining the Indians in Your
Majesty's Interest We further humbly beg Leave to represent to Your most
Sacred Majesty that altho Your Majesty in Your Royal Wisdom has been
pleased to confirm a Law of the Trustees of Georgia to prohibit the
Importation and Use of Rum and Brandys in the said Province of Georgia
yet we are not apprehensive it was your Majesty's Intention that the
moderate use of Rum should be inhibited Your Majesty's Subjects in this
Your Majesty's Province of South Carolina or among any Nations of free
Indians with whom we carry on any Trade or Commerce since such a
General Inhibition would tend to the great prejudice of Your Majesty's
Subjects of this Province as a moderate use thereof we have found by
many years Experience to he of great Advantage to the Healths of Your
Majesty's Subjects and should Your Majesty's Subjects of this Province
trading with the said Indians be forbid to carry any Rum among these
Indians much the greater Number of Whom are desirous to have Spirits
brought among them We humbly take Leave to acquaint Your Majesty that
We apprehend it would put the Indians upon seeking it from the French
and Spaniards who can very easily Supply them with the same than which
nothing would prove more effectual to carry those Nations of Indians
with whom we now Trade into the French or Spanish Interest. And this
can with the greater Certainty lay before Your Majesty as this
Province did several Years ago by an Act of Assembly then passed prohibit
the use of Rum among the Indians But after some Years Trial it was
found expedient to let that Law expire which hath never since been
revived lest it should give the French and Spaniards an opportunity to
Supply them with the Liquor We had prohibited and so much desired by
Thus may it Please Your Majesty We have presumed in all
Humility to represent the State and Grievances of this
Your Majesty's Province with regard to the Colony of
Georgia humbly to implore Redress therein Beseeching Your
most Sacred Majesty that You will be graciously Pleased to
Declare the Rights and Libertys [sic] of Your faithful Subjects
of this Your Province to an open and free Trade with all
the Nations of Indians in Amity & Friendship with Your
Majesty's Subjects according to the Regulations for the
same "by the Laws of this Province without being Subjected
to the Laws or Regulations of Georgia And that the Passage
of the River Savannah may he Declared to be free and open
to all Your Majesty's Subjects of this Province And that
the Magistrates of Savannah in Georgia may he Ordered to
make Reparation to Your Majesty's Subjects of this Province
for the Injurys [sic] they have done in Seizing and destroying
their Goods And that Your Majesty will he graciously pleased
to give such Orders and Directions to the Trustees for
establishing the Colony of Georgia that Violences of
the like Sort may not be committed for the future or take
such other measures as to Your Majesty in Your great Wisdom
shall seem meet.
And Your Petitioners as in Duty
bound shall ever Pray &c.
In the Council Chamber 17th July 1736.
By Order of the Board
In the Commons House of
Assembly 17th July 1736.
By Order of the House
Paul Jenys Speaker.
[Editor's note: Because of the high number of non-standard spellings in this letter we have decided to leave these spellings as is so this will not become a long string of [sic]s.]
20 July 1736
Copy of William Drake Esqr. Commissioner of the Indian Affairs, his
letter to Cha. Pinkney Esqr.
After a man's Duty to God almighty are p.form'd, I think his next
Grand Obligations are to his king & Country, wch. Consideration induces
me to lay my thoughts before you, on a Humour lately brought from Cha.
Town, in regard to ye Importance yt. I apprehend ye Settlement of ye
Chatahuchee River may be of to these parts of his Majy's dominions.
We hear in ye Country yt, there is like to be some Difficulties
between ye two Crowns of Gr. Britain & Spain, in Settling ye boundarys
between us & ye Spaniard, a matter wch. Howsoever it might be thought of
elsewhere is in my opinion of vast importence to ye British
Interest in America, and therefore should be well consider'd, least by
bringing ye Boundary line too far to ye Northward, we should lose those
advantages wch. is now in our power to obtain, & wch. if we now omit,
it will almost be impossible for us ever to regain hereafter.
'Tis rumourd yt. ye Alatamaha River is to be ye Boundary as far
as ye head thereof, and from thence by a West line to be struck to ye
South Seas, but this I hope is only rumour, I am Sure it can only be
So wth. those who are unacquainted wth. ye Situation and importance of
those Countrys that lie Southard West of ye Alatamaha, and
ye Claim end pretensions the English have to them. By ye Charter of King
Charles 2d to ye Lords proprietors of Carolina, the latitude of 29 deg,
was fix'd as the Southern Boundary wch. you very well know includes
ye Settlement of St. Augustine itself, and if you please to look in
Capt. Nairn's map of Carolina well. I here enclose to you, (least you
should not have one by you) you'll p.ceive that it also includ the
mouths and Entrances of ye Apalachee, Catahuchee[sic], and almost all ye
other Rivers yt. empty themselves into ye Gulf of Mexico to ye Eastward
of ye Missisipi River, whereas shou'd ye Alatamaha be Settled as a
Boundary we Shou'd thereby lose at least one hundred Miles extent of
Dominion; this atlantick Sea, & wt. wod. in process of time be of
infinite worse consequence to us we Sho(blot) be excluded from the
Mouths of those Rivers aforement'd wch. would effectually hinder the
Settlement of the Inland Shores, of those Rivers by ye Engish; for
if ye Alatamaha must be ye boundary to ye head thereof, and a west line
to lee Struck from thence to ye South Sea, it will certainly render
those parts of ye Chatehuchee wch. lie to ye North of that line, of no
manner of Consequence to us. Since it will he in ye power of ye possessor
of the mouth of that River, wholly to command ye Navigation of it: and
you very well know yt. wth. out trade & navigation no English Colony on
ye River cod. Subsist, or maintain themselves for any considerable time
in any tolerable degree of Reputation among the Native Indians;
therefore I can never imagine there is any Grounds for ye report of ye
Alatamahas being ye boundary. But if there is any inevitable necessity
hanging over us to oblige us to submit to it; if from ye head of ye most
Southern branch of that River, instead of ye lines being run west into
ye South Sea, it shou'd be run due Sough into ye Gulf of Mexco, it
wod. leave us ye Navigation of ye Chatahuchees free & undusturbd;
but I had much rather see ye Spaniard wholly excluded from ye Florida
Shore, than that ye English shou'd consent to give up one foot of their
Claim to this part of ye world.
Tis a policy I conceive should he readily adhered to by ye
English not to give up to any other European Nation any Port on
this Eastern Sea; & should we leave any considerable Port or even an
indifferent one on this shoar, in ye hand of any other European prince,
they woud not only have it in their power in case of a war, wth, greater
facility to invade us from thence, but wod also in time, were they so
minded, distress our trade from Jamaica & ye Bahamas, & wholly
command ye Navigation thro' ye Gulf of Florida. And when they are once
masters of these Seas, it is easy to foresee they will extend their
views, & in time make themselves masters of ye Land also. Tis for these
reasons we shoud never consent to ye Spaniards encroachments any way to
ye North or west of St. Augustine, and ye same reasons will hold
good for our making ourselves masters of all the Ports and Rivers in ye
Gulf of Mexico yt. lie to ye East of the Missipi; but if it shoud be
objected that these Rivers lie at present much out of ye way, and yt,
ye danger is too far distant to justifie the running any considerable
expence to prevent it, let it he remembered yt. not a Century & half ago,
America itself was not accounted of much Consequence, and the possession
thereof to ye European princes was look'd upon as a very trifling
Acquisition to their power & Dominion, tho' at this day it is viewd in a
quite different light; and tho' it lay long neglected, tis now it
wou'd be a cheap purchase if the French king coud obtain a considerable
port or two on ye Eastern Sea, even at ye Expence of a whole
years revenue of all their Dominions.
The last year I had ye honour to he appointed by this Governmts.
as Commr. of ye Indian trade to p.form [sic] an agency to ye Creek Nation,
and during my stay among ye Creeks, I took care to inform my self in ye
best manner I cod. of whatever I thou't might concern ye British
Interest in those parts. In my Journey thither I crossd 5 or 6 Rivers,
before I came to ye Nation, and rode thro' a Body of good rich Lands
for near two hundred Miles in length, among wch. there was hardly any
intermixture of that wch. cod. be calld Bad, & after a journey of about
four hundred Miles from Cha. Town I came to ye Catahuchee [sic] River,
wch, I have "before mention'd, a place & Country by far ye pleasantest
I have seen in America, altho' I have been in Sevl. other parts besides
Carolina; but ye pleasantness and agreeableness of the Situation, is ye
least part of its value, it's exceeding richness & fertility of Soil,
& it's being capable to produce every necessary of life, is wt. makes
it's value inestimable.
Upon this River, wch, is navigable, as I am inform'd to ye upper
Creeks, live ye lower Creek Nation, St from whence ye Indians sometimes
go down to ye Sea, and as I was informd from some of ye Indian Chiefs,
who had been down ye River, it takes them up a whole month to return in
their Canoes, from whence I conclude, that from ye Catahuchee, where I
receivd this information, it was 200 or 250 Miles down to ye Sea.
This River after watering a fine Country emptys itself into ye
Bay of St. Josephs in ye Gulf of Mexico, as I have already observed, &
is, in my opinion, by much ye most deserving consideration of any
River yt. falls into that Gulf; not ye Mississipi itself, tho' it leads
into a much greater extent of Country, excepted. For ye Missisipi is
(as I am inform'd by one Capt, Hen. Isaac an English man, but who had
lived many years among ye French on the Mississipi, & who I found among
the Creeks) so very shallow & full of Flats at it's mouth, & it's
stream is so exceedingly rapid, yt. it's navigation is rendred very
difficult. But ye Catahuchee River (as I am told) has 10 or 12
fathom water at it's mouth, & carries it's depth a considerable way up
in ye Country, & is adornd wth. Several Noble & beautiful Islands, wch.
it Surrounds, & is not now, at least was not when I was there in ye
Year 1735 possessd by any Europeans from one end of it to ye other: So
yt. there is no obstacle to hinder us if we were (as I hope we shall be
so minded) to take possession of it.
Now some of ye advantages wch. wod. accrue to ye English by
possessing themselves of this River, among many others, are these; we
shoud be immediately in possession of a fine port & Harbour in this
Gulf, where now we have not an inch of Territory, & here such ships as
wod. use the Same, wod. lie in a Fresh water River free from ye worm,
wch. so much injures ye Shipping at Jamaica & ye West Indies, & here
they might be very easily Supplyd wth. masts, & all other Naval
Stores, & ye Country wod. very Soon abundantly supply them wth. all Sorts
of provisions. And as in that Country I was informd by ye Indians they
have no Hurricanes or hard Gales of wind, that even blew down their
Trees, I wod. Submit it to ye Navigators, whether it wou'd not be by far
a more safe & convenient receptacle for our West India Squadron than
Jamaica, and whether from thence they cod. not as easily protect our
Trade & obstruct ye Spanish Fists in their Voyage to Old Spain, as from
Jamaica. But wt. may hereafter prove of more consequence to us by our
possessing our Selves of this noble River and ye Countries adjacent is
this, it wod. render ye French settlement at Moville [Mobile] of little use to
them, it wod. effectually prevent their encrease & spreading in those
Countries, but above all it wod. be the best harrier we can possibly
have agst. ye Encreachmts. of ye French on ye Missisipi; And of this the
French are So Sensible, that Capt. Isaac, before mentiond, told me, yt.
whilst he was at New Orleans, when the Settlement of Georgia was
first begun, the French were then under a good deal of Concern about it,
but as they did not know particularly where ye Settlement was intended,
they concluded it must be on ye Catahuchee River, and Monsr. Bienville,
ye French Genll. Sent a vessel from thence to ye mouth of ye Catahuchee
to learn ye certainty of it, wth. a design, no doubt, to give wt. obstruction he possibly cou'd to it, we know by daily experience that ye
French are endeavouring to unitetheir Strength, & Joyn their hands from
all their Settlements from Canada & ye Bay of St. Lawrence in ye North,
thro' ye Missisipi & ye Gulf of Mexico in ye South, by wch. means they
will in time either gain all ye Indians from St. Lawrence to ye Missisipi to their Interest, or destroy & root out all those Indians who will
not come into their Interest, as they are now attempting, & t'is feard,
wth. too much probability of succeeding agst. ye Chikesaws; from wch. a
very possible Consequence is to be feard, that in process of time,
they will be able to push ye English in North America into ye Seas,
unless proper Stands & Barriers be in time (even now when they are to be
had) made agst. them. Another good effect wch. I apprehend wod. ensue
from our making Strong Settlements on this River, wed. be, that in case
of a war, we might from thence & ye Settlement at Georgia wth. ease
Dispossess ye Spaniard of St. Augustine, and all ye point of Florida
wch. would prove of double service to us; First it would take away
that Relelf wch, St. Augustine sometimes affords to their plate Fleet
in their passage thro' ye Gulf of Florida to Old Spain, consequently
render his Catholick Majty, less secure in his Riches, and in the next
place it woud effectually prevent or save us from those Depredations,
wch. in case of a war, and even in times of peace are too frequently
made from thence on ye British Subjects.
In my return from the Creek Nation, I lay one night at old
Capt. Rawlins's on Edisto, he seemd to he a man of near 70 years of
age, and had Served formerly as a Soldier under king William of Glorious
memory in Flanders; in my discoursing about my journey to ye Creeks, he
informed me, yt. about 30 odd years ago he lived in that nation, &
on my informing him wt. Isaac had acquainted me wth. as above, he told
me, he believed it was very true, & added yt. he was wth. Collo. Moore
in ye Year 1703 in his Expedition agst. ye Apalachees, and yt, he was
down towds. ye Mouth of ye Chatahuchee, as yt. he had never before seen
so rich a Country as that was, excepting Flanders, and yt, it was a
Country in his opinion, by all means deserving of ye attention of ye
I shall not fear tiring you as long as I am upon any Subject wch.
I apprehend may be of Service to our Country; I therefore shall not ask
pardon for detaining You a moment longer on this affair, wch. I
judge of Such importance, not only to this province in particular, but
to ye British interest in general in this part of America, that it
ought to be duly considerd by all those that sincerely have that
interest at heart.
If it be askd wt. Right the English have to possess themselves
of this Country, I answer, yt. I am not Lawyer enough to Determine it,
But I apprehend it is sufficient for us yt. it is within ye Bounds &
Limits of the Charter granted by his late majesty king Charles 2d. to
ye Lds. proprietors; and if king Charles had power Sufficient to grant
it, wch. I shall not take upon my Self to judge of, surely his present
Majty. has Right & power Sufficient to possess wt. his Royal predecessor
had Before granted, & wch. By ye late Act of Parliament has
revested in ye Crown. And further as ye Subjects of his Britannick
Majty. did in open war under ye Command of Coll. Moore in ye Year
1703 actually conquer the Apalachees, who were the Inhabitants of that
Country; and as it has never since Been, nor is now possessed By any
other European Nation, Surely no dispute can arise, whether we have not
By Conquest, acquisition, or some other way, the Best right to it. But
alas, this Right, I am afraid, will Stand us in little Stead, unless we
exert it, and By Settling a numerous Colony there of English Subjects,
take actual possession of that Country, wch. as a true Englishman, & a
hearty lover of my Country, I should extreamly regret Seeing in the
hands of any other European power; and as ye French at New Orleans have
got it into their heads yt. we will one time or other take possession
of it, I am really afraid yt. if ye English Ministry shall not think
fit to do it soon, we shall Be prevented By the French Being Before hand
wth. us therein; and from whence all those Evils I have just hinted at,
and many more wch. I have not time to enumerate, will (I pray God
avert it) like a Torrent pour in upon us.
Yr. obedt. humb. Servt.
Santee July 20
A True Copy
Charles Pinkney Esqr.
August 2d. 1736.
Propositions offered to the Honble. James
Oglethorpe Esqr. by the Committee for the two Houses of Assembly
in the Province of South Carolina; appointed to confer with him
on the present State of Affairs with Georgia pursuant to the
Direction of the Deport of the Committee of the said two Houses
of Assembly on the 17th day of July last.
As the carrying on an open and well regulated Trade with the
Indians, surrounding the two Provinces of Carolina and Georgia, has by
many years Experience been found absolutely necessary to the maintaining
a Peace and Friendship with them, for the Continuance thereof
and for the better preserving Harmony and a good Understanding between
the two Provinces the Committee propose.
1. That a certain Humber of Hie Majesty's Subjects as shall be
thought sufficient for carrying on the Trade & Commerce of the two
Provinces with the Indians be licenced [sic] from both the Provinces pursuant
to the Laws thereof to Trade with, the Creek, Cherikee and other Nations
of Indians in Friendship and Amity with His Majesty and His Subjects,
and that such Traders observing the Rules and Instructions to be given
them pursuant to the Laws of both Provinces, do pass and repass through
the said Provinces equally unmolested.
2. For observing Decorum and good Order by the said Traders and
that there be no Distinction or Difference between them, one certain
Set of Instructions be agreed on by the two Provinces for the Regulation
of the Traders of both.
3. That if any Agent or Commissioner is thought necessary to be
sent, either to the Creeks or Cherikees or both or any other Nations of
Indians from either of the said Provinces, that one certain Form of the
Instructions for such Agents shall also be agreed upon by both Governments
in which he shall be particularly directed in all his Talks and
Discourses with the Indians and Traders from either Provinces who shall
make no Distinction between the Traders, and that all such Discourses
shall be in the Name and on the behalf of His Majesty and for the Benefit
of all His Subjects without Distinction of Provinces.
4. That such Agent or Commissioner shall be directed in all
Cases and in all Complaints made to him against any Trader or Indians to
act with equal and impartial Justice, as well to the Traders of one
Govermnt. as the other, and that if any Trader shall commit any
Irregularitys [sic] or be guilty of any Breach of their Instructions such
Trader shall be punished according to the Laws of that Province from which he
was licenced [sic].
5. That for the better obliging the Agent to act as is above
directed, that such Agent or Agents shall he obliged to enter into Bonds
with His Majesty & take an Oath for the faithfull [sic] and due Execution of
all such matters as shall he committed to his Charge, agreable [sic] thereto.
6. That any Traders who have well behaved & who have been heretofore
licenced [sic] to Trade with the Indians from the Province of Carolina
shall on Application to the Government of Carolina have liberty to Trade
with the Indians under the Regulations herein before mentioned, and that
if it be desired in the particular Town or Towns to which they have been
heretofore licenced [sic]; and if it should so happen that any Trader from
Georgia should be licenced [sic] for such particular Towns that such Trader
be ordered to withdraw himself and his Effects within a convenient time
from such Town provided that the Number of Traders licenced [sic] or to be
licenced [sic] from [space in typescript] do not amount to more in Number
than the one half of all the Traders which have been usually licenced [sic]
to trade with the Indians.
7. That Orders be immediately dispatched to the Agents lately
sent from Georgia into the Indian Countries directing them not to
molest any of the Traders licenced [sic]from Carolina lest otherwise
Quarrels should arise in the Rations, the Consequences of which may not
only defeat the Design of the Georgian as the Carolina Law calculated
for preserving Peace and regulating Trade but also greatly
endanger both Provinces by bringing on an Indian War.
8. That the Use and Navigation of the Savannah River be left
open and free to all His Majesty's Subjects of Carolina to all Parts
and Places within the Province of Carolina without any Interruption,
Molestation or Hindrance whatsoever, and lastly, that an Agreement
pursuant to the above Propositions be drawn up and entered into by the
Honble. James Oglethorpe Esqr. on the behalf of the Colony of Georgia
and the Committee of the two Houses on the behalf of the Province of
Carolina to subsist till His Majesty's Pleasure be declared on the
Petition and Representation of the said two Houses to his most Sacred
Majesty, and that the said Agreement be mutually exchanged.
Mr. Oglethorpe's letter Augst.
To the Honble. the Committee appointed by the two Houses of Assembly
in South Carolina, to confer upon the present State of Affairs with
Georgia, pursuant to the Directions of the Reports of the said Committee
of the said Houses of Assembly on the 17th of July 1736.
'Twas with Joy I received the News of Your Coming up, and stayed
to have the Pleasure of a Personal Conference with You; and as I have
nothing more at heart than the Welfare of, and good Understanding
between the two Provinces, I shall concur in all measures that tend to
attain those Ends, and which are not inconsistent with the Laws of this
Province. I hope the Ansers [sic] I give to Your Proposals will be
agreable [sic] to both Houses, and if any Point should require farther
Explanation, I should be willing to enter into it, and if it shall appear
to me, that I can proceed farther without disobeying the laws of this
Province, I shall he glad to gratify the Desires of the General Assembly.
His Majesty and the Trustees agree in opinion with You that the
Carrying on a well regulated Trade with the Indians in the Province of
Georgia is absolutely necessary for maintaining Peace and Friendship
with them, and therefore they passed the enclosed Act, and pursuant
thereto I have licenced [sic] certain of His Majesty's Subjects to trade
with the Indians. I did refuse none of the Carolina Traders, who conformed
to the Act; I granted Licences [sic] to none but those who had been employed
by Carolina, and I gave to those Traders the same Rules and Instructions,
as have been given to them by the Province of Carolina, and at
your Desire shall give such farther Instructions as are necessary upon
the present Emergency.
I desire that the Names of such Persons as have been licenced [sic]
by Carolina may be sent up to me & then if it is proved that any
Indians do live beyond, or without the Limits of Georgia, with whom
these Persons shall be licenced [sic] to Trade, I will, upon the same
appearing unto me, give Orders to the Officers of Georgia, not to
molest those Traders in their Passage backward or forward, but to give
them all proper Aid, to behave themselves in an orderly manner.
2. In answer to your second Article, I have and shall continue
to give such Instructions to the Georgia Traders, as have formerly been
given by the Province of Carolina to theirs; And in case any new
Instructions given by the Province of Carolina to their Traders shall
be imparted, and appear to me for the Benefit of the two Provinces, I
wall add them to the Instructions of the Georgia Traders.
3. In answer to your third. You will find in the Act the manner
in which every Commissioner or Agent, that can act within Georgia, must
he appointed; and it is not in my Power to repeal, or dispense with any
Act made by the King and the Trustees. I shall pursuant to your Desire
give Instructions to all our Officers and Traders among the Indians, in
their Talks and Discourses, to make no Distinction between the two
Provinces, but to speak in the name and behalf of all his Majesty's
4. In answer to your fourth. You may depend upon it, that if
any Complaints are made against any Trader or Indian, I shall act with
equal & impartial Justice. And that if any Trader shall commit any
Irregularity, or be guilty of any Breach of his Instructions, such
Trader shall be punished according to the Laws of the Province in which
such Irregularity is committed.
5. In answer to your fifth. You will find in the Act the Obligations
under which the Commissioners or Agents to this Province are to
lie, and the Power whereby they are constituted, as abovementioned.
6. In order to answer your sixth. It is necessary for me to
know the Number and Names of the Traders which the Government of
Carolina have licenced [sic], and to what Towns they are licenced [sic].
7. In answer to your seventh. All the Traders licenced [sic] in
Georgia have given Security for their good Behaviour [sic], and there are
also in Georgia proper Officers appointed, to preserve the King's Peace
in this Province, and to prevent any Quarrels that may arise. And with
regard to the Traders sent up by Carolina to the Indians that are not
in Georgia, I doubt not but the Commissioner of Carolina takes good
Securities, which will he answerable for their Behaviour[sic]. And I doubt
not but he will take care to prevent any Tracer licenced[sic] by him from
disturbing the Peace of this Province, by entering the same in defiance
of the Laws thereof. But as the Western Lines from the Heads of the
Savannah and Alatamaha Rivers have not yet been run, whereby the Bounds
of the Province of Georgia to the Westward of the Heads of those Rivers
are yet unknown; and that no Dispute may arise in the Indian Nations
which lie beyond the same, between the Traders of the two Provinces,
concerning the same, or the Jurisdiction of either of the Provinces be
brought in contest, I shall dispatch Orders to the Agents sent up into
the said Indian Nations, that they do not molest the Traders in those
Nations, already there and licenced [sic] from Carolina, untill [sic] the
Boundary Lines are settled, or His Majesty's Pleasure known concerning
8. The Assembly of Carolina having represented the matters
relating to the Navigation of the River Savannah to His Majesty it would
be Presumption in me to determine finally any thing concerning it; but
the Officers of this Province must continue to act according to the
Laws of this Province, within this Province till His Majesty's Pleasure
be known. However till that be known there, I shall suffer all Boats
and Pettiauguas from Carolina to pass up the same, they delivering
a Manifest of their Cargo and of the Place or Places to which they are
bound in Carolina, upon Oath, to the proper Officer or Officers of
Savannah, and at the Expence [sic] of the Trustees putting an Officer on
board such Boats, to see the same delivered at the Place or Places
exprest [sic] in the Manifest.
The following advices are from the Carolina Gazette which we received
by the way of Bristoll [sic].
Frederica in. Georgia, Augt. 30. 1736
The Governor of Augustine having acquainted Mr. Oglethorpe that
Don Antonio de Arrodondo was arrived at Augustine, sent up Commissioner
from the Governor of Havana to make certain demands and Propositions to
him, he sent out a Sloop to bring Don Antonio by Sea into this place.
There are three Companys [sic] of Foot arrived at Augustine from Havana,
under the command of Don Philip. Don Antonio appear'd off this Bar
last Wednesday, in a Spanish Vessel with six guns in Company with the
Sloop, and was premitted [sic] to come into Jekyl Sound, but not up to the
Town. We hear that he Solemnly demands that the English should evacuate
all to the South of St. Helenas Sound; and in case he does not agree
with Mr. Oglethorpe, he is to go to Charlestown with that Message. Mr.
Oglethorpe and he have had several Conferences on Board the Hawk Sloop.
Don Antonio has been entertained in a very handsom [sic] Manner, and his
wholeCompany have been provided with Refreshments and Garden Stuff, of which
we have great plenty; and they are Surprised thereat, considering how
new the Settlement is (N.B. they have three fourths of all their Garden
Stuff &c. from Purrysbuirg, and could not maintain themselves one month
in the year on what they produce) None of the Spaniards have been up
at Town, or any where else, except on shore over against where the
Sloop lies, Mr. Oglethorpe having there set up tents and beds for their
Reception, and every thing necessary is Sent down to them.
Copy of a Letter from the Revd. Mr. John Wesley to Mr. Vernon dated
Savannah the 11th of September 1736.
You have a just Claim to my repeated acknowledgements not only
for Continuance of your Regard to my Mother, hut for your Strengthening
hands and encouraging me not to look hack from the work wherein I am
engaged. I know that if it shall please our Great God to give it his
Blessing, the God of this World will oppose in Vain: And that therefore
the whole depends on our approving our Hearts before him and placing
all our Confidence in His Power and Mercy.
Mr. Ingham has made some progress in the Creek language. But a
Short Conversation I had with the Chiefs of the Chickasaws (which my
Brother I presume has informed You of) moves me to desire rather, to
learn their Language, if God shall give me opportunity. The Generality
of that dispised [sic] and almost unheard of Nation, if one may judge from the
accots. given either by their own Country Men or Strangers are not only
humble and Teachable (Qualities scarce to he found among any other of,
the Indian Nations) but have so firm a Reliance on Providence and so
Settled a Habit of looking up to Superior being in all the Occurrances [sic]
of Life that they appear the most likely of all the Americans, to
receive and rejoyce [sic] in the Glorious Gospell [sic] of Christ.
What will become of This Poor People a few of whom now see the
Light and Bless God for it, when I am Called from among them I know not.
Nor indeed what will become of them while I am here; for the Work
is too weighty for me. A Parish of above Two Hundred Miles in Length
laughs at the Labour of One Man. Savannah alone would give Constant
Employment for five or Six to Instruct, rebuke and exhort as need
requires. Neither durst I advise any single Person to take Charge of
Frederica or indeed, to Exercise his Ministry there at all. Unless he
was an experienced Soldier of Jesus Christ, that could rejoice in
Reproaches, Persecutions, Distresses for Christs Sake. I bless God for
what little of them I have mett [sic] with there, and doubt not but they were
sent for my Souls Health. My Hearts Desire for this Place is. Not that
it may be a Famous or a Rich, but that it may a Religious Colony; And
then I am Sure it cannot fail of the Blessing of God, which includes all
Real Goods, Temporal and Eternal.
I am Sir.
Your much Obliged and
15 Sept, 1736 - Copy of the Revd. Mr. Banjamin [sic] Ingham's Letter
to Sir John Phillipps [sic].
Notwithstanding all the Opposition of Men and Devils, I trust
there is a Door now opening for the Conversion of the Indians, There is
already a School almost built amongst them. The House 60 foot long and
15 wide; it will he divided into 3 Rooms, one at each End consisting of
15 foot square, and the School Room in the middle as large as both the
other. Under one of the End Rooms they have dug a Cellar. The Foreside
of the House faces the Rising Sun, and the two Ends are due North and
South. It stands on a little Hill which we call Irene, by a Brook Side,
about half a Quarter of a Mile above Tomo Chachee's Town, where the
River Savannah divides it self into 3 Streams. This Hill has been made
some hundred years ago, for what Reason I cant tell; perhaps to
perpetuate the memory of some illustrious Hero or famous Action. In
digging the Cellar they found abundance of Oyster Shells, and some
Bones end Buck Horns. When I fixed upon this Place the Indians ask'd
me if I was not afraid to live upon a Hill, I answered no. They said
the Indians were, because they believed that Fairies haunted Hills.
The Moravian Brethren out of their Zeal for the Work undertook the
Building at a low Price: As soon as its finished, which will be within
a few days one of them with his Wife is to live there with me. I
believe in a little time we shall have a good Number of Scholars. The
Indians, though at first they would hardly be perswaded [sic] to let one
Child learn, yet they now are very willing to have them taught, and even
some of the Men seem to have a Desire to learn.
When the Head Men came down this Summer to see Mr. Oglethorpe,
Chickillee [sic], the Chief of them, was well pleased when he saw the
Children say their lessons, and he said perhaps the time is now come
when all our Children are to be taught Learning. And Molatchee [sic], who
is next him said, if he had 20 Children he would have them all taught. At
another time Chickillee said, white Peoples Children behave themselves
like Men; we Indians that are Men behave our selves like Dogs. Upon all
Occasions they are ready to acknowledge their Ignorance, which makes me
hope they will the more readily believe the mysteries of Christianity.
Tomo Chachee is lately recovered from a dangerous Sickness,
wherein their own Doctors gave him up, but it pleased God to restore
him by the Care of Hr. Oglethorpe, through the Prayers of several
Christians for him. I hope he will live to hear the glad Tidings of
the Glorious Gospell [sic], he has been very earnest to promote the School.
I don't despair of acquiring their Language, I begin to under
stand a little of it, and I hope through the Prayers of my good Friends
in England, I shall he enabled to make a daily Progress in it, I have
three Boys that I think will be able to read and write their Language
as soon as I shall be able to speak it.
If Mr. Oglethorpe was in England he would undertake to collect
Charities towards founding and maintaining Schools amongst the Indians;
he says he will subscribe L 200 himself, but as his Affairs here will
not permit him to return immediately, that Work must be deferred, unless
it would please Almighty God to stir up the Hearts of some zealous
Christians to set forward so good a Work in his Steed, What I wish for
at present is one or more of my dear Oxford Friends to come over and
help me, I cannot indeed say that I am alone because the Moravian
Brethren join heartily with me, and from such Helpers one may expect
good Success. As your worthy Society has sent over two Transports of
Saltzburghers I heartily wish they would contribute towards bringing
over some more of the Moravian Brethren from Hernhuth [sic], for they
are not only the most usefull [sic] People in the Colony, but also they are
certainly the holiest Society of Men in the whole World. They would
be very willing to cone hither because they are persecuted at home, not
only by the Papists, but also, and that very bitterly, by the Lutherans.
Remember me kindly to dear Mr. Thorold, and all our good Friends at
London. Forget not to exhort and provoke one another to Love and good
Works, and be the more earnest, as You see the day approaching. Watch,
Strive and Pray, and especially for
Your very weak yet Affectionate
Brother in Jesus Christ.
15th. Sept. 1736.
Charlestown, Sept. 18 1736
A few days since arrived in this town John Gardner, Indian Trader,
lawfully licensed by this Government for to trade in the Town of Tunasea [sic],
upon the Missisippi [sic] River, (being one of the most Northermost [sic] Towns in
the upper Cherokees, and accounted above 100 Miles North of any part of
the Georgia Colony) who on Oath informs that on the 7th of August last
as he was at his store at the said Town, he had his Store broke open,
his Goods and Skins ransacked. Seized, and taken from him, end sent
away, by one Roger Lacy, who with ten men armed with Swords and guns,
and as many Whites and Indians as he could gather, came upon him the
said Gardner, and by force and violence carried away his Good and Skins
to the value of above 3OOO L at the same time ordering and commanding
him the said Gardner to depart out of the Cherokee Nation in four days,
or else he should be carry'd Prisoner down to Georgia, producing a
Commission under the hand & Seal of the Honble. James Oglethorpe Esq,.
for so doing; the 11th of August he accordingly left Tunasea, and arrived
at New Windsor (alias Savana Town on Savana river) the 26, left that the
28 of the said month, and arriv'd in Charlestown, the 3rd of September
1756. By further advices of letters dated the 2d inst, at the Cherokee,
from Joseph Griffin another Trader lawfully licensed from the Government,
we are informed that he with a Cargo of about the Same Value, hath
undergone the Same fate, and lost every thing he had, by the said Georgia
People who threatned [sic] to bind him, & carry him Prisoner to Georgia,
because he would not Consent to sell his horses or go with them.
Copy of an Anonimous [sic] Letter dated the 20 Septr. 1736
Don Antonio de Arredondo the Spanish Commissary demanded of
Mr. Oglethorpe that the English should evacuate all they stand possest [sic]
of as far as St. Helena Sound the Spaniards having formerly had Ports
there. Mr. Oglethorpe demanded of him that the Spaniards should evacuate
as far as the 29th degree of North Latitude conformable to King Charles
the Seconds Charter the English having formerly had posession [sic] as far as
that Latitude Sir Francis Drake having be Queen Elizabeth's orders taken
Augustine after many Conferences Don Antonio de Arredondo agreed that
on the withdrawing the Garrison from the Island St. George, the
said Island should remain unpossest [sic] by either Party till advices should
arrive from Europe. And that no Hostilities should be committe'd on
either side till the determination of the English and Spanish Courts
should he known and all other Claims be deferred till their determination
Don Antonio and the other Spanish Gentlemen with him took leave of
Mr. Oglethorpe making great acknowledgements to him for the Civilities
they are received and Sailed from Jekyl Sound in the Spanish Vessel on
the 3d. of this Month after which Mr. Oglethorpe went up the River
Alatamaha Several days Journey. He returned by the Darien & marked out
the Fortifications for that Place, and ordered a Church School house
and Guard House to he built. Whilst he was there Captn. Mackperson [sic]
arrived with a Drove of Cattel [sic] which he had brought all the way over
Land from South Carolina. This has Caused great Joy in all our Settlements
to find the Communication for Cattel [sic] by Land opened, whereby
these Southern Settlements will he Supplied with Milk and fresh provisions
of which they they have hitherto stood in great need.
Translation of Monsieur Geraldino's Letter to the Duke of
London 21 Sept./2 Octr 1736
The King my Master had the greatest Season to expect, from what
I had the honour [sic] of hearing insinuated by His Britannick [sic] Majesty's
Ministers in September 1735 before Mr. Oglethorpe's Departure, that his
Voyage to the Province called Carolina, would have been so far from
being able to produce any Effect contrary to the Treatys [sic] subsisting
between the two Crowns, that it might rather serve to settle the most
perfect and best Intelligence between the Government of the above said
Province and That of Florida, which belongs to His Majesty; But contrary
to these Expectations the Governour [sic] of St. Augustin [sic], the Capital
City of the abovesaid [sic] Province of Florida, soon after the Receipt of the
Letters which I directed to him by the said Mr. Oglethorpe, in order
that he might contribute on his part to so usefull [sic] a Design, had the
Mortification to see a Fortress (situated in the Territorys [sic] of His
Majesty eight Leagues distant from St. Augustin [sic]) attacked by the
Inhabitants of the new Colony called Georgia on the 3rd of March last, and
that after they had killed a Soldier belonging to the Spaniards, who
defended it, they cut his Head off, and carried it away with them in
triumph; After which the said Inhabitants of Georgia had built a Port
upon the Territorys [sic] of the Sovereignty of Florida, 25 Leagues to the
Northward of St. Augustin [sic] at the Entrance of the River of St. Simon,
in which they had put a Garrison for its Defence [sic]; notwithstanding that
formerly the Inhabitants of Carolina, who had built a Fort in the same
place, caused it to he demolished by Order of the Court of England
at the Request of That of Spain.
The Governour [sic] of St. Augustin [sic] having given the King an Account
of the abovesaid [sic] Encroachments, has likewise mentioned, that he had just
received Advices from his Lieutenant, who resides in the Port of St.
Mark in the Province of Apalache [sic], that the Indians of the Provinces of
Uchisses [sic] and Talapuzes [sic], Subjects of His Majesty, had complained, that
the English were then employed in building a Port on the Territorys [sic] of
His Majesty, which are inhabited by the abovesaid [sic] Uchissese Indians,
and that they had even given out, that they intended to build another on
the Territorys [sic] of the Talapuze Indians to the Northwest of St. Augustin [sic],
and that another Party of 300 English had appeared on the Frontiers of
the said Province, and that having set up a Standard of War in a Town of
Indians called Apalachicola, they had summoned the chief Town of the
abovesaid Province called Caveta, to join them in order to make War
against the Spaniards, acquainting them at the same time, that they
were resolved to demolish the Fort of St. Markand afterwards to
besiege St. Augustin [sic], to which the Governor did not Scruple to give
Credit, since the English of Georgia made continual Incursions into the
Country of Florida, and molested the Inhabitants likewise.
The King has ordered me to represent to His Britannick [sic] Majesty,
that such a Behaviour [sic]in the Inhabitents [sic] of Georgia looks rather
like an Inclination to interrupt the Peace & good Intelligence happily
subsisting between the two Crowns than to settle their Duration. And
as the Facts are glaring of themselves, and can't fail to strike the
Mind of His Britannick [sic] Majesty, which is so equitable and full of
Justice, I thought I could not execute His Majesty's Orders better than
by submitting them to the Consideration of His Britannick [sic] Majesty,
according to the Accot. given by the Governour [sic] of St. Augustin [sic];
To which I must add, that the Colony of Carolina being situated in 32
Degrees of Latitude and 294 1/2 of Longitude, and that the Colony of
Georgia being to the Southward of the other. That of Georgia is without
dispute on the Territorys [sic] of the King my Master; And even the former,
according to the Treaty of Peace in 1670 by the 7th Article of which,
the Limits were settled precisely for the said Province and That of
Florida at 33 Degrees and 50 Minutes of Latitude and 339 Degrees and 20
Minutes of Longitude, tho the Town called Carolina was tolerated,
because it was built before the making the said Treaty; And as by the
8th Article of the Treaty of Utrecht in 1713 it is agreed that the
Limits and Demarcations of the West Indies should remain on the same
foot as they were in the Reign of Charles the second of glorious memory,
the King my Master hopes, and does not doubt but that His Britannick [sic]
Majesty, by an effect of His Uprightness and Justice, upon his being
informed of what I have the honor [sic] to communicate to Your Excellency,
will immediately give Orders to cause the Inhabitants of Georgia to be
punished, who shall appear to have been guilty of interrupting the
Peace between the two Nations, and that Observance be paid to the
Limits which have been settled between the two Crowns, and that the Ports
which have been built on the Territorys [sic] in the Demarcation of Florida
be immediately demolished. This is what I beg Your Excellency to
represent to His Britannick [sic] Majesty, and to let me know His Royal
I have the Honour [sic] to be &c.
Letter from his Grace the Duke of Newcastle to the Trustees.
Whitehall Sept. 27th. 1736.
I herewith send You, by Her Majesty's Command, a Copy of a
Letter which I have received from Monsr. Geraldino Agent for the King
of Spain, containing several Complaints against the Inhabitants of the
new Colony of Georgia; And I am to acquaint You with Her Majesty's
Pleasure, that You should enquire into this matter, and send me a State
of it, to be laid before the Queen for Her Majesty's Commands there
Your most obedient humble Servant
Letter from the Lords Commissioners for Trade and Plantations to
Her Majesty having teen pleased to refer to my Lords Commisioners
for Trade and Plantations a Letter to the Duke of Newcastle from
Monsr. Geraldino Agent for the King of Spain here, containing several
Complaints against the Inhabitants of the Colony of Georgia; I am
commanded by their Lordships to send you the inclosed Copy of the said
Letter, and to acquaint you, that my Lords are desirous of speaking
with you upon this Subject, on Wednesday morning next at Eleven o'clock.
Your most humble Servant
Septr. 30th. 1736
Trustees Meml. to the Queen. 20 Oct. 1736
To the Queens Most Excellent Majesty Guardian of Great Britain;
and His Majesty's Lieutenant within the same.
May it please Your Majesty
In Obedience to Your Majesty's Pleasure signified to us by His
Grace the Duke of Newcastle the 27th of last month We the Trustees for
establishing the Colony of Georgia in America have enquired into the
Complaints against the Inhabitants of the Colony of Georgia, contained
in a Letter which his Grace the Duke of Newcastle received from Monsr.
Geraldino Agent for the King of Spain.
And as to the first matter of Complaint mentioned in Monsr.
Geraldino's Letter relating to the Fortress (situated in the Territorys
of the King of Spain eight Leagues distant from St. Augustin [sic])
said to be attacked by the Inhabitants of Georgia the 3d. of March
last; and that after they had killed a Soldier belonging to the
Spaniards, who defended it, they cut his Head off and carried it away with
them in triumph.
The Trustees on examining the Accounts transmitted to them, do
not find that any, either English or Indians inhabiting the Province of
Georgia, had been concerned in the Outrage complained of, But that the
same was committed by some Neighbouring [sic] Indians, in Revenge for a most
unheard of and Outragious Injury acted by some Spaniards or Spanish
Indians; who had killed some Indian Women and Children & two Men, and
after most wickedly abusing another Indian Woman, had burnt her alive.
As to the next Complaint in Monsr. Geraldines Letter of rebuilding a Fort
which he alledges [sic] had been formerly demolished by Order
of the Court of England, at the Request of the Court of Spain.
The Trustees most humbly Observe to Your Majesty; That the Spanish
Minister has been very much misinformed; For that the said Fort having
"been left "by the Independant [sic] Company, without the Consent or Knowledge
of His Majesty, was ordered to he rebuilt by an Instruction from His
Majesty to the late Governour [sic]Johnson.
As to the Advicces in Monsr. Geraldino's Letter mentioned to have
been received from the Lieutenant of the Fort of St. Mark in the Province
of Apalache [sic], That the Indians of the Provinces of Uchisses and
Talapuses Subjects of the King of Spain, had complained, that the
English were then employed in building a Fort on the Territorys [sic] of His
Majesty of Spain, which are inhabited by the Uchissese Indians, and that
they had even given out, that they intended to build another on the
Territorys [sic] of the Talepuze Indians to the North Vest of St. Augustin. [sic]
The Trustees most Humbly represent to your Majesty That they
never gave any Directions for any Settlement to be made or Forts to be
built but within the Limits of the Province of Georgia, as described by
His Majesty's Most Gracious Chanter. And That if the said Uchissese or
Talapuze Indians inhabit within the same; they undoubtedly are within
His Majesty's Dominions, and ought by no means to be Stiled [sic] Subjects of
the King of Spain.
And as to the further Complaint That another Party of 3OO English
had appeared on the Frontiers of the Province of Apalache, and that
having set up a Standard of War in a Town of Indians called Apalachicolo [sic],
they had Summoned the chief Town of the abovesaid Province, called
Caveta, to join them in order to make War against the Spaniards; acquainting
them at the same time, that they were resolved to demolish the
Fort of St. Mark, & afterwards to besiege St. Augustin [sic].
The Trustees Most Humbly represent to Your Majesty that they
have always had it at heart in the making their several Settlements, to
avoid all occasions of Contest with the Neighboring Nations in Alliance
with the Crown of Great Britain. And do not believe that any of their
People can have acted so contrary to the designs and intentions of the
Trustees, & cannot but think that on a further Examination it will
evidently appear, That these Reports have been spread without any
proper foundation; And that none of the People of Georgia have made any
Incursions into the King of Spains Dominions, or in any wise molested
his Subjects. The Trustees having in all their Actions confined them
selves to the Limits which by His Majesty's Charter are given to the
Province of Georgia; to which they make no question but His Majesty
has a most Undoubted Right and Title, nor do they observe in the
Treatys [sic] referred to by Monsr. Geraldino, any thing contrary
All which is Most Humbly Submitted by Your Majesty's
Most Dutifull [sic] and Obedient Subjects and Servants, the
Trustees for establishing the Colony of Georgia in
Signed by Order of the said Trustees this 20th
day of October 1736.
Benjamin Martyn Sectary.
22 Oct. 1736 Treaty concluded wth, the Govr. of Fort Augustin [sic]
To Charles Dempsey Esqr.
I having impowered [sic] You by Procuration dated the 23d. of June
1736 to Treat and Conclude concerning certain matters of Importance
relating to these Provinces with His Excellency Don Francisco del Moral
Sanches Captain General of Florida and Governour [sic] of St. Augustine and
the Council of War of the said Garrison and having since the Dates of
these Letters received Advice from the Governour [sic] of St. Augustine as
also a Message from His Excellency Don Juan Francisco Geumes de Horcasitas
Major General in His Catholick [sic] Majesty's Service Captain General
of the Island of Cubo [sic] and Governour [sic] of Havannah [sic] by
Don Antonio de Arredondo, they both impowering [sic] him to Treat concerning
the said matter I do hereby impower [sic], constitute and appoint You to
Treat, Conclude and Sign the following Articles and deliver the same unto the
Governour [sic] & Council of St. Augustine; they Signing;, Sealing and
Interchanging the said Articles.
First that his Excellency the Governour [sic] of St. Augustine shall
restrain his Indians, Subjects to the King of Spain, from Committing
any Hostilities upon the Subjects of the King of Great Britain. I will
restrain the Indians, Subjects to the King of Great Britain in this
Province, from Committing any Hostilities upon the Subjects of His
Catholick [sic] Majesty.
Secondly that in respect of the Nations of Free Indians called
Creeks I will use my utmost amicable Endeavours [sic] upon any reasonable
Satisfaction given them, to prevail with them to Abstain from any
Hostilities whatsoever with the Subjects of His Catholick [sic] Majesty.
Thirdly That with respect to the Fort built on the Island of
St. George, I will draw off that Garrison together with the Artillery
and all other things by me posted there Provided that none of His
Catholick [sic] Majesty's Subjects nor any other Person, shall inhabit People
or fortify the said Island Provided also that no Prejudice shall arise
to the Right of the King my Master to the said Island nor to any other
dominions or Claim that His Britainick [sic] Majesty hath upon this
Continent, but that His Right shall remain to the said Island and to all
other places whatsoever as if the said Garrison had never been withdrawn,
and the said Garrison shall withdraw within l4 day's after the
Ratification of these Articles.
Fourthly I will agree with His Excellency the Governour [sic]of St.
Augustine and the Council of War That His Britainick [sic] Majesty's Subjects
under my Command, shall not molest in any manner whatsoever any of his
Catholick [sic] Majesty's Subjects Provided that his Catholick [sic] Majesty's
Subjects do not molest any of his Britainick [sic] Majesty's Subjects nor his
Fifthly that concerning any Differences that have or Shall
arise concerning the Limits of the respective Government and Dominions
of the two Crowns, such Differences shall remain undecided till the
Determination of the respective Courts & that the Subjects of each
Crown here shall remain in profound Peace and not in any manner molest
each other until the Determination of the respective Courts on this
Lastly that no Person shall be received by any Garrison in
either Government without a Passport from the Governour [sic] to whom such
Given under my Hand and Seal at Frederica in
Georgia the 2?th. day of September 1736.
By the Power to me Given by His Excellency James Oglethorpe Esqr.
Governor and Director General of the new Colony of Georgia, by his
Excellency's Procuration bearing Date the Twenty seventh day of
September in the tenth year of the Reign of our Sovereign Lord George
the Second by the Grace of God of Great Britain France and Ireland King
Defender of the Faith &c and in the Year of our Lord 1736.
I do hereby Confirm and Ratify the above Articles with his Excellency
Don Francisco del Moral Sanches Villegas Captain General and Governor
of St. Augustine of Florida, and with the Council of War of said
Garrison of St, Augustine, as witness my Hand and Seal this Twenty sixth
day of October 1736.
In the City of St. Augustine in Florida the Eighteenth day of
October of this Year One Thousand Seven Hundred and thirty six, in this
Royal Dwelling House of His Excellency the Captain of Spanish Infantry
Don Francisco del Moral Sanches Villegas Governour [sic] and Captain
General of the said City and the Provinces thereof and Present the Council
of War met for to Determine the Articles of good Friendship and Correspondency,
which with sufficient Power brought by Charles Dempsey Esqr. from His
Excellency James Oglethorpe Esqr. and the ssid Articles have been heard
and understood seperately [sic] and the said Council of War have Agreed &
Determin'd, it being at present convenient for the good Correspondence
of the English Subjects of His Britainick [sic] Majesty in the Province of
Georgia and all others under the Command of His Excellency James Oglethorpe
Esqr., as well as for the Quiet and Safety of the Province in
habited by Indians, Infidels and Savages which continually doth offend
not only the Government or Governments of the English but also this of
St. Augustine in Florida and the Spanish Provinces thereof wherefore to
avoid all inconveniences it hath appeared at this present Assembly of
the Council of War to be most Essential and convenient that for the
present and without Prejudice to His Catholick [sic] Majesty our Master and
the Antiquated dominions and true Right he hath to the Lands & Dominions
which are this day peopled and fortified by His Excellency James Oglethorpe
Esqr. alledging [sic] that they do belong to the most Serene King of
Great Britain his Master and that by no means whatsoever there shall be
nor caused to he any Rupture between the two respective Governments, of
Georgia & St. Augustine, Compos'd of English, and Spaniards, and
Indians, of all Nations for the better Strength and Security of the
Proposals made by his Excellency James Oglethorpe Esqr. in his five
Articles, we Give for Answer and Agree to them as follows.
First. That I the Governour [sic] and Captain General of St. Augustine
in Florida and the Provinces thereof will Subordinate and Restrain the
Subjects and Vassals of the King my Master, as well Spaniards as
Indians, from committing any Hostilities against the Subjects of
the King of Great Britain and that the same shall be reciprocally
practis'd by His Excellency James Oglethorpe Esqr. with the English and
Indians Subjects to the King of Great Britain against those belonging
to this Government.
Secondly. That as to what regards the Nations of Free Indians
called Creeks they have already had Satisfaction once twice and thrice
insomuch that the Cassique Pojoy [sic] were Banished from hence for having
used them ill and been the first Agressors [sic] and Homicides.
Thirdly. That it is further agreed in this Ratification as proposed
That the Island of St. George which we call St. John shall be
dispeopled in the Space of fourteen days and the Fort built thereon
destroyed with the Ditches and Pallisadoes [sic] leaving it entirely in the
same Form as it was before its Fortification, withdrawing the said
Garrison, its Artillery and every thing else that have been put there
It being understood that none of his Britainick [sic] Majesty's Subjects nor
any other Person whatsoever shall reside, people or fortify the said
Island of St. John, Since we will oblige the Vassals of His Catholick [sic]
Majesty reciprocally thereto and without any Prejudice to the Sights of
the King our Master to the said Island and also to all others and the
main Land that Your Excellency has peopled which shall not on any
Cause whatsoever be taken from us as well Islands as the main Land held
by the Catholick [sic] King our Master without for this Reason they be taken
from him If the Serene King of Great Britain hath any Right thereto,
and that there may not arise any Grievances or Complaints at any time.
It is declared that if by Accident or by bad Weather there should chance
to arrive at the said Island any Troop or Spanish Vessel for the
Traffick [sic] which we have in the said River of St. John and they have not
time to Get to any other place it is not to be understood any Fault or
Breach of the said Articles. And in this manner We do agree to all the
aforesaid Express'd in this and the foregoing Articles.
Fourthly. That all this Assembly doth likewise Agree in Conformity
That the Subjects of His Catholick [sic] Majesty shall not
molest the Subjects of His Britainick [sic] Majesty which are under the
Government of His Excellency James Oglethorpe who is also to
Restrain the Subjects of His Britainick [sic]Majesty from molesting enraging
and abusing the Subjects of his Catholick [sic] Majesty & his Allies to which
and in the same manner We oblige our Selves.
Fifthly. That as to what regards any Differences that are or
may arise concerning the Limits of the two respective Governments and
Dominions of the two Crowns the said Differences shall not be touch'd
upon but rather be lain aside to be Decided and Determined till the two
respective Courts shall resolve and Determine them and by this means the
Subjects of the one and the other Crown with this Equal Ballance [sic] will
remain in a profound Peace and a Loving & amicable Correspondence and
without molesting each other in any ways or manner whatsoever till the
two Respective Courts shall have Determin'd this matter.
Sixthly. That as to what Concerns this Government and Captain
General and all his Jurisdictions It shall be Practised [sic] That no
Person whatsoever shall pass from those of His Excellency James
Oglethorpe Esqr. unless they bring a Licence [sic] or Passport, and
the same Correspondence we hope will be observed by His Excellency or
the Person that maySucceed him, and in this last Article We Confirm and
Ratify anew the five foregoing Articles compleat [sic] as they in the
Clauses and Expressionsshall be for the warranting and better Security
thereof We theAssembly and every one for himself of which it Consists do
Confirm Obligeand Ratify the foregoing Contents and as President of the
said AssemblyGovernour [sic] and Captain General of this Government of
St. Augustine inFlorida and the Provinces thereof His Excellency Don
Francisco del Moral Sanches Villegas doth Affirm and Ratify as it is
Affirmed and Ratified and with the aforesaid Assembly he Signed and
Sealed the same, which I attest.
Don Francisco del Moral Sanches, Don Francisco Menendes Marques,
Don Salbador Garcia Villegas, Ignacio Rodriguez Roso, Diego Paolo de Escobas,
Luis Rodrigo, Sebastian Lopez de Toledo, Pedro Ramoz, Don Raumaldo Ruig del Moral, Melehor Gonsalez, Francisco Navarre, Blas Medrano, Pedro Joseph de Ortiga,
Thomas Balderama, Laurentio Joseph de Leon, Manuel Clorruitiner, Manuel Garcia,
Manuel Gonsalez de Arza, Juan de Itta, before me Barttolomi Nietto Notary
Publick [sic] to the Governmt. and War.
In the City of St, Augustine in Florida, the twenty second day of
the month of October of this Year of One thousand seven Hundred and
Thirty six before me the present Notary Publick [sic]to the Government and
War, the Ensign Barttolomi Nietto, His Excellency the Governour [sic] and
Captain General Don Francisco del Moral Sanches Villegas and Charles
Dempsey Esqr, impowred [sic] in due form by His Excellency James Oglethorpe
Esqr, to Act in his Stead as if he was present himself at the Signing
of the Articles which by the hands of the said diaries Dempsey Esqr,
he remitted to the said Governour [sic] on the Twenty second of May of the
same Year & others of the same Tenour [sic] and Purport on the Twenty third
of June relating thereto and all by the hands of the aforesaid Esqr,
Dempsey Solliciting [sic] and Procuring a good Harmony, Friendship and
Correspondence with the said Governour [sic] of St. Augustine in Florida and
the Council of War who with His Excellency the Governour [sic] upon sight of
the last Articles given and Sealed by His Excellency James Oglethorpe
Esqr, at Frederica in Georgia the Twenty seventh of September in the
aforesaid Year with his full Power as lawfully required to the afore
said Charles Dempsey Esqr. & as in the same form as before he had the
said Power Given Signed and Sealed to Confer Treat and Adjust by virtue
thereof the Articles of good Harmony, Friendship and Correspondence
between the Subjects and Vassalls [sic] as Allies of His most Serene
Britainick [sic] Majesty with the Subjects and Vassalls [sic] of His
Catholick [sic] Majesty King of the two Spains my Master. We have Agreed
and Determin*d to Sign and Ratify the Covenant of good Harmony, Friendship
and Correspondence propos'd on the one part His Excellency James Oglethorpe
Esqr. and on the other this Council of War being already Determined as
having seen the Articles propos'd on the one and the other Side, the
said Charles Dempsey Esqr. said That He obliged and did oblige himself
in the same manner and under the same Articles propos'd for the said
Governor and Council of War That He will Comply with what is Expressed
therein within the limited time Assign'd by His Excellency James
Oglethorpe Esqr. as well as by His Excellency the Govenour [sic] and the
Assembly which he confirms and obliges himself by his word of Honour [sic]
Provided no unforeseen Accident or Death do hinder him & the said
Governour [sic] Don Francisco del Moral under the same Circumstances and
on his Word of Honour [sic] and Faith obliges himself reciprocally to agree to
the same and in pursuance thereof the aforesaid two Gentlemen
Don Carlos Dempsey and Don Francisco del Moral hath Signed before me
which I attest. Don Francisco del Moral Sanches, Don Carlos Dempsey,
before me Barttolome Nietto Notary Publick [sic] to the Government and War.
It agrees with the Assembly of War & Acceptation of the Articles of good
Friendship and Correspondency aforesaid mentioned Which Originals before
me passed, were delivered to His Excellency the Govr. and Captain
General That the same may appear By his Command I grant this Present in
St. Augustine of Florida on the 26th of October of this year One thousand
Seven hundred & thirty six written in nine Pages with this I underwrite,
in Truth whereof I do Sign.
In Testimony of Truth
Barme. Nietto Notary Publick [sic] of
the Governmt. and War
1 Nov, 1736 From the American Weekly Mercury.
The Sloop Frederica, Jonn Goodwin Master, lately arrived here
from Frederica in Georgia, brings an Account, that Mr. Oglethorpe has
settled all matters with the Governor of Augustine; and that there is a
very good understanding "between the Spaniards and the English: That the
furthest English Settlement lies in the Latitude of 30 30 min.
the Town of Frederica in deg. 00 min. that of Savannah in 32 deg.
00 min. The Governor of Augustine (as Capt. Goodwin heard) had agreed
with Mr. Oglethorpe, that neither Party should be molested in their
present Possessions, till the Determination of the two Crowns; and that
they would mutually represent the Affair to the two Courts of Great
Britain and Spain, that the Limits of each might be fix*d accordingly.
Capt. Goodwin informs us, that he found three Fathom and an half
Water upon the Bar of Frederica; and that he went in without a Pilot;
That there are several Clapboard Houses built, and two Brick Houses one
Story above Ground, and preparation for a great many more. There is a
Fort with 4 Bastions; one large Store House three Stories high, &
another Building, the timber being all ready on the Spot for that
By a Letter to a Gentleman in this City from one in Georgia,
dated Frederica Octor. 29., we have the following Paragraph, vizt. "Mr.
Oglethorpe has finish'd his Affairs with the Spaniards with great
Reputation on his own part, every Article of his proposing being
Sign'd at Augustine by a General Council of War; in short he has
met with more Success than his Expectation would admit, being no ways
short of what he could have wished. He is now returning to England,
having fix'd his People, and secur'd them against both Want and
enemies; he sails in a Fortnight."
Abstract of a Letter from Joseph Cannon to Henry Flitcroft Esqr.
Frederica in Georgia
November 8th. 1736.
This Island is about as big as the Isle of Wight, it lies about
60 Leagues So. from Charles Town, and about 30 from Savannah, and about
30 Leagues No. from St. Augustine, which is a Spanish Settlement. Here
are about 15 or 16 Settlements in this Colony already. This Town lies
very well situated, it is Settled on the West Side of this Island on a
fine River where a Ship of 300 Tuns may come up. On the South End is
a fine Inlet of the Sea, where His Majesty's Sloop the Hawk lies, and
on the Point of this Island is a Garrison of 100 men. On the East Side
is the Sea; On the No. End is another fine Inlet of the Sea. Here are
about 50 Families in this Town, the Town is laid out for 500 Families.
The Island is pretty thick of Wood, and there are a great many Deer on
this Island, but we seldom get any of them, the Wood being very thick,
but the Indians very often bring us 10 or 12 Deer at a time, and a whole
Buffelo [sic] at a time. Here are a great many Wild fowl here such as
Turkeys, Geese, Ducks & other Wild fowl and abundance of fine Fish but
we having no time at present for want of getting an House over our
Heads that we seldom get any of them. We have no Stone or Chalk here,
and all our Lime we make of very fine Oysters, we burn 2 or 3 hundred
Bushels at a time. My Father and about half the People of this Town
here agreed to build themselves Brick Houses; The first two are almost
covered in 3 Stories high. When first we came here we built us little
Huts and covered them with Palmeto [sic] Leaves. We have built us a
little Room with some Boards that we Saved, and built us a Chimney in
it with Clay. We have clear'd our Acre Lot about half a mile out of the
Town, and our Lot in Town as soon as we knew which it was, which was
April first, We clear'd it and fenced it round with a hedge and Sowed
it with almost all sorts of English Garden Seeds, which grow very well
so that are are the forwardest of any Person in this Place, and live as
happy and as well contented, and hope so to continue if it please God
we have our health. My Father was talking of getting 10 Men with him
self to agree to fence round their great Lots which are laid out in
Tythings and he and 9 more have agreed to do the same, and to put some
Cattle in, and to begin the 1st of Janry. And the Esqr, has given them
a Grant for the same.
I return Your Lordship Thanks for the Account of Caroline Which
You favour'd me with sometime since. I look'd it over soon after I
receiv'd it. Many Things are true in it, and many false. I am not at
present likely to have much acquaintance with that Province, more than
what depends upon the Relation of Others. But if I have sufficient
Evidence of any thing worth notice concerning it, I shall not fail to
set it down as Your Lordship desires.
Savannah is already much too large for my Care. I wish we had
fewer Men so we had more Christians in it; And yet there are more who
desire and Endeavour [sic] to he Christians than I ever found in any Town of
the same size in England. May the Good God, who hath so wonderfully
prosper'd Your Undertakings hitherto, give to You and all who joyn [sic] with
You in this Glorious work a constant Care to advance (whatever else be
advanced or hindred [sic]) the Knowledge & love of him and of his Christ!
Your Lordships most Obedt. Servt.
Savannah John Wesley
ovr. 12. 1736.
25 March 1737
Extract of a letter from Mr. Samuel Eveleigh,
Mercht. at Charles Town in South Carolina,
to his Correspondent in London,
dat. at Charles-town ye 25 March 1737
A Sloop arriv'd here from Providence, & brought a large pacquet [sic]
from that Governor to ours, after having been read they were sent to
Capt. Wyndham who commands his Majesty's Ships here: together with
five affidavids [sic] made before Govr. Fitzwilliams at Providence by five
English men, who had been lately prisoners at ye Havannah [sic], & were
newly arrived there. These letters confirmed ye accounts of ye
preparations of ye Spaniards, at ye Havanah [sic] against this Province.
Capt. Dunbar three days since came to town from Georgia, where
he had been at ye Towns of darien, [sic] Frederica, & Savannah, &
gives an account that they are at all those places very well prepared
& seem to be very resolute to defend themselves; at ye first
place there is a good strong Fort, at ye Second ye Fortifications are
very regular and compleated [sic], and at ye third they have made very great
progress, & in a short time will be finish'd.
Last night arrived Capt. Colcock in 15 days from ye French town
of Moville, & brings an Acct. that a French man of War was arrived
there, & that two more were expected wth. 1200 Soldiers. They brought
with them several warlike necessaries, particularly some small mortars;
That they have a design to make a third attack upon ye Chickesaws,
with 2000 white men, & 4000 Chocktaws. An Acct. of this
design has been given to ye Chickesaws, & they have sent down an
old Chocktaw to acquaint ye French Governor, that they need not put
themselves to ye trouble of coming to them, for that they would meet
them half way, if they would let them know of their coming.
Chickesahs [sic] have for a long time past been going to war
constantly against ye Chocktaws, and have killed vast numbers of them wch.
very little loss on their side. Insomuch that not only ye Indians, but
ye French themselves are very much afraid of them, & do acknowledge
them to he the stoutest Indians upon the Main. The officers amongst
ye French dread ye going to war against them; & say they don't understand
The Soldiers that are now arrived & expected, are all Roman
Catholicks [sic], & ye few Switzers that are there, that are
Protestants, are ordered home, & there to he discharged.
A Gentleman whose name is Terascoe, & a friend to ye English,
is clapt into Prison & in Irons; & it is said will be sent home,
& put into ye Gallies.
The Chocktaws took 2 Chickesaws, and carried them down in great
Triumph to ye French town of Moville, where they were burnt after a
cruel & barbarous manner. One of them was a boy, of about 10 or 11
27 March 1737
Extract of a letter from Andrew Ruthlige Esqr.
one of ye Members of ye Council of South
Carolina, to his Correspondent in London,
dat. at Charles-town ye 27 of March 1737.
The account we had of ye descent here intended by ye Spaniards
from Cuba is farther confirm'd by letters from thence, wch. were sent
to his Excellency Govr. Fitzwilliams, at Providence and forwarded by
him to our Lieutenant Govr.; so that we soon expect them.
London Wednesday May 4. 1737
The Traders to Carolina have for a considerable Time been
under uneasiness occasion'd by Rumours [sic] of an intended Invasion, or
Attack on Georgia and that Province, by the Spaniards of St. Augustines,
the Havanah [sic] &c but as nothing thereof was attempted to the middle of
Match, it was hoped that if the Spaniards in those parts ever had such
a design, it was laid aside; and that the people of Georgia and Carolina
had nothing to fear: But by Advices from Carolina to the 20 of March
there is too much reason to think that the design did still subsist as
may appear by the following extract of a letter Just arriv'd from
Carolina to a Merchant of this City.
The certain Advices from the Havannah [sic], by the way of
Providence made me hurry away 100 barrels of Rice short of my Cargo,
for fear of an Embargo, which I had reason to beleive [sic] would be
laid on in a few days. The advice which was a few days before I sail'd,
confirm'd the former of the Spaniards arming at the Havanah [sic],
& that they only waited for the Barlo Vento Squadron, to strengthen
their Naval force with two or three men of War; they are to carry
six hundred Troops from thence to joyn [sic] an equal number at
St. Augustines, besides Volunteers. &c. And on Receipt of those said
Advices, there were Expresses dispatch'd by the Governour [sic] and
Council, to their Agents in the Creek and other Indian Nations to
endeavour [sic] to raise 800 of them: 500 to be sent to Georgia, and
orders to others to buy Rice and Corn for Provisions for them.
Notwithstanding the Indifferency [sic] the Generality of the
Inhabitants of Carolina affect, yet I am well assured that the
Thinking part of them are very much concern*d at their present situation
in several Respects; and they have Reason to beleive [sic], that the
Spaniards' views are not confined to Georgia, but extend to Carolina,
where they have neither Forts nor Castles, worth mentioning, to secure
their Stores, Provisions, Women, or Children in: but must leave them
exposed to a more dreadful Enemy than the Spaniards, viz. their Slaves,
to whom the Spaniards are to give their Freedom; and I am jealous that
some of them know it; for a few days before I sail'd, which was the 23d.
of March, they robb'd a Store at Dorchester of Arms and ammunition:
so that the Carolinians have only to depend on their own Courage and
strength in the field, and if they come to engage, God only knows the
Event; and you may easily guess what a fright the sight of a Formidable
Enemy would put them in. Pray let me know what Notice our Government have
taken of this intended descent.
[Editor's note. The following account is so filled with non-standard spellings that to mark each with a [sic] would make it nearly impossible to read. We have been through the account carefully and feel confident that the spellings are true to the typescript of the original. It was written as one long paragraph.]
Copy Tho. Wiggans written acct. referrd to in Mr. Causton's
Journal ye 25 June.
May 21. 1737.
Memorandum -- of an accident yt, happen'd in ye Cursitaw's Town
between a Mare yt. was tyd in a Rope, having got young Colts following
her belonging to Tho. Wiggin; the Colt being laid down, a boy coming,
as we suppose, to play wth. it, ye Colt rise up & kik'd ye boy on ye
Stomach; upon wch, ye Father took his Gun, & shot the said Colt. I
hearing of ye Gun thought some of ye people had been shooting
at a Mark, when some boys cry'd out, yt. a man had shot a Horse;
Myself, Mr. Allen, & John Hart, being in my Harde a worming of Skins,
knowg. nothing of ye Accident yt. had happen'd, still ye boys crying
out; I tell you some Body ha's shot a Horse; wch. I goes out to see, I
seeing ye man yt. had dischargd his gun coming up to me, loading of his
Gun, we all 3 stood still 'till he came up to us; he seized me on ye
hand, & told me, yt. my Colt had killd his Child, & yt. he would kill
me, wch, in his passion, we had reason to think he would; he telling
me soften yt. his Child was not quite dead, but if it did die, he would
have satisfaction of me; I held his Gun, & argued wth. him, wth.
all the reason I could, 'till I got him in the house; there I took his
Gun from him, & told him yt, my mare was ty'd far enough from any of
ye houses, & I could not help wt. the Colt had done; arguing wth.
him about Several other things to pacifie him; he seemd to be some
what reconciled, & took his Gun, & went home, & told me to stay in ye
house till night; but I knowing better, goes over to ye Cowitaws, &
told Scroney ye whole Story, upon wch. he desired the Twenn to go to
this man, wch. he denied, & said how could I help wt. ye Colt did, &
yt. he was a head man; & shou'd know better than to hold me, & threaten
me of my life for wt. ye Colt did, after he had killd ye Colt. Scroney
returning back to me told me he could not be Satisfied, 'till he had
sent his Son to know ye truth of it, wch. I staying wth. Scroney till
his Son came back, he told as he had talkd wth. ye man, & he told him
yt. he had talkd a great deal wth. me in his passion, but he hoped his
Child was better, & yt. I would not think of wt. he had said. Scroney
made answer to his Son, & told him, yt. he should not have talked so
me as he did, wch. he thinking it had been over ye people going to
play at Ball, he askd me to go wth. him, wch. I told him nobody went to
see Ball plays but when their Hearts was straight; he said it was very
true, & told me to do as I would. I went home, had not got into
my house, but some women came running to ye house & told me ye Child was
dead. I thought it not proper to stay there, takes my Gun, & Shott
pouch, & sets off for the lower town. I had got about 2 miles
from ye house, & a white boy overtaking me belonging to my house, &
told me yt. he Seed ye man wth. his Gun, & women told him to make haste
out of ye town; I being informed afterwards yt. he & his Brother came to
ye House wth. their Guns, I came to ye Chihaws ye same day, where I
soon heard ye head man had a meeting here about some Cherokees Scollups,
where one of ye head men calld the Cowkeeper. Hearing I was come, & he
came to see me, wch. I relating ye Story to him, he made answer to me &
said, I coud not help wt. ye Colt had done, but it happen'd very well
yt. ye head men of ye lower town was here, & he woud go & let em
know of it. Ellick being in ye Cursitaws, knowing ye man & his brother
to be great men, & very cross, people, came to me in ye Night, &
told me to make ye best of my way I could over the River, & that he wod.
go wth, me thro' ye woods out of the path, & he told me to come up to
his house that night, & he woud get me provisions to go, wch. I told
him I would; but I was very willing to hear wt. these head men had to
say about it; he told me he shoud be very sorry to hear I shoud die
by sickness, much more to be killd in their Nation, he knowing the
Govr, & head men valued me so much yt. it woud be ye dreadfull'st
thing yt. ever he Seed, While we was a talking, ye head men of
several towns came to ye house, and I relate ye whole Story over to
them, wch. Ellick went home, & said yt. he would be at ye Cuxsitaws ye
next day. They dispatchd one head man in the night to this man yt.
lost ye Child, to hear wt, he said about it, wch. he spoke to several
of his Relations, & they coud not find where I was to blame about it,
but ye man himself could not say much for grief. The next morning about
9 0 Clock, ye man returnd to ye Square, where the Head man was, & they
sent for me to hear what they said. They told me that the Head
man of the Cursitaws & Cursitaws was under the same concern as they
was, and yt. ye men had spoke with ye Relations of ye Child, & yt. they
told him that they could not see where I was to blame, and they
said the people lay under a great many accidents, & that ye Child was
born to die by that Colt; and the Head Men will never have it as they
shall say that they ever did any thing to make them miserable; the man
himself did not say very much, but that his Child was out of his Sight,
& he hoped he should forget it. The head Men that was there, said,
they should go up themselves the next day, & make an end of it, after
they had receivd the Cherokees's Scollupts. Next morning Ellick was
down, & told us he had been wth. ye man & talkd wth. him concerning
of the affair, & he seemd to be pretty well satisfyd; but was sorry he
shoud talk to me so as he did, thro' Grief & passion he did not know
wt. he had said, wch. he hoped in a few days he shou'd See me, & smoak
wth. me. The next day, Ellick & ye rest of ye head Men is going up to
the Cursitaws to receive the man into ye Square out of moring; the Head
men of several towns says that they have not forgot ye articles
of concerning, yt. if any white man shou'd do any mischiefs to any red
man, or any red man to us; they said it woud "be a dreadfull thing to
them if so be I had been killd, wch. they told me they woud not leave
me 'till all was made safe, wch, they thought was, & so we took