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, , (Volume 14202) 

1 (1) 

4th and llth 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 Pro 
vince 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 "An Act for maintaining the 
"Peace with the Indians in the Province of Georgia," containg. certain 
Regulations of Trade for the better maintaining the said Pesce, therefore 
lest any unwsry Person should thro' Inadvertency or Ignorance incur the 
Penalties of the paid Act, I appoint You Noble Jones to acquaint the 
spid Persons with the said Act, that they may conform to the Regulations 
of the spme, as they shall answer it at their Peril. 

Given this fourth day of June 1736 

at Savannah 

Instruction? for Mr. Lacy 

Whereas Infornation has been given before me that diverse Per 
sons contrary to an Act intitled "An Act for maintaining the Peace with 
"the Indians in the Province of Georgia," hpve without Licences duly 
obtained, directly or indirectly visited, frequented, haunted, traded to, 

 2 (1) 

trafficked or barter'd with the Indians within this Province of Georgia, 
end do still continue the same; And whereas all and every such Offender 
or Offenders are for every such Offence 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 shall and may be Siezed 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 
(2) Trade; I therefore hereby appoint You Roger Lacy Gent, to tpke and 
Sieze 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 thereof and send the said Goods Ac down by the first 
safe occasion to this place to be ppplied as is in the Act directed. 
And This ehall be Your Warrant for so doing. 

Given at Savannah in Georgia under By Hand 
and Seal this llth 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 en Act intitled "An Act 
"for maintaining the Pesce 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 

 3 (2) 

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 
commend any Truderg 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 
their Peril. 

. Given at Savannah in Georgia -under my 

hand and Seal this llth day of June 1736. 

(3) To Samuel Brown, Gregory Haines, Thomas Booth, George Currie, 
Lochta.ne 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 intltled "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 end Skins either carried to, barter'd, sold to or 
brought from any Indian or Indians contrary to the said Act. You sre to 
execute this Warrant as You will answer the same at your Peril. 

Given at Spvennah in Georgia under my 
Hand and Seal this llth day of June 1736. 

 4 (4) 

To Noble Jones. 

Mr. Jones 

You. are to lay out a Town (at such Place as to Mr. Lacy shall 
seem convenient on the Savannah River) to be 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 Buildings on each 
Side the Square. All the Publick Lots together not to consist of less 
than 4 Acres. The Common must consist of 600 Acres. The Lots next the 
Town are to be 30 S.cres each. Every house Lot to have a House built on 
it within a Year and an half, and ro House in Town to be granted to any 
one with 50 Acres, but only to e?,ch of those who have 500. 

You are to mark out a House in Town and a 500 Acre Lot for 
Mr. Samuel Brown. 
Do. ........ ^f for Mr. Gregory Eaines 

Do. . . . . . . . . . for Mr. Lochtune 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 seme Conditions as the rest of the Colony of 
Georgia, ere. 

Savannah in Georgia 
14th June 1736. 

 Copy of a Letter from Mr. Von Reck to Mr. Ternon Dated at 

34th June 1736. (in French - go not copied) 
13 

(9) Copy of the Presentment of the Grand Jury of Savannah l4th 
June 1736. 

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 
Persona 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 un 
warrantable Presumptions and Aspersions highly reflecting 
upon the King's most Sacred Majesty, the Honble. the Trus 
tees for establishing the Colony of Georgia in America, 
the Magistrates and whole body of this Colony and that in 
the following Particulars. 

It treateth the two Laws enacted by the King's most Sacred Majesty in 
Privy Council in a contemptuous and ludicrous manner terming and de 
nominating them by the Words certain By Laws made et London. 

We cannot on this occasion omit that (notwithstanding the Con 
tempt 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 ere truly sensible of the Happiness we enjoy by having the 
Trustees for our Representatives and Guardians who under the immediate 

 6 (9) 

influence of His Majesty's Presence are capable of providing Laws for 
our good without sacrificing us to the factious Schemes and corrupt 
(10) 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 hpzard our Lives in 
defence of them. 

A great part of the said Memorial "being taken up with a Com 
plaint 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 Trysl 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 to go without Cloathing rather than to be restrained 
a the use of thpt 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, th?t whole Nation not buying any Rum; and by a Letter 
from new Orleans it appears that Monsr. Bienville Govr. of all the 
b French Colonies in these parts, is taking effectual methods to prevent 
the vending of distilled Liquors there; end 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 draw on a (11) War than the Prohibition. 

That it seems very much to derogate from the Royal Prerogative 
which has always been sufficient to constitute Colonys and Corporations 
with proper Power to ordain Laws in all the British Colonys & that it 
even goes go far as to mention that the Royel Sanction has been given to 
a Law which was never intended to Signify what the very Words of thpt 
Law %S express':!.. 

That it seems plainly to oppose and object against the Royal 
Authority in making & constituting L^ws 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 detriments! to the British Colonys, and which it 
seems to promote by several Expressions such as insinuating that it is 
intended here to use and 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 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 Orders that they may receive from 
the paid James Oglethorpe Esqr. or any of his Officers or Ministers in 
the said Colony of Georgia; and if they should take the advice of dis 
obeying (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 totrsrds 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 happened to be 
here present, men of long Experience in the (12) Indian Trade and of 
fair Characters. 

 8 (12) 

That it falsely accuses the Honble. the Trustees for establish 
ing the Colony of Georgia in America of monopolizing and engrossing the 
Indian Trade to themselves, and of explaining a. L??w 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 ^ippear plainly 
unto us. 

That it falsely and unjustly reflects upon and grossly sbuses 
the Honble. James Cglethorpe Esqr. in asserting that he is pursuing a 
particular Scheme or Schemes intirely different from the King's most 
Excellent Majesty's Intentions and the rest of the Honble. the Trustees, 
ant! we think and believe that this being so ungrateful and unjust a 
Reflection it deserves our highest Pesentment; and it has been further 
proved by the Affidavits of sever?! 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 vith this Colony and of likewise 
defaming the Honble. James Oglethorpe Esqr. endeavour 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 end have given late 
instances of their affection to the said James Cglethorpe Esqr. by 

 9 (12) 

putting him into possession of all (13) the Sea Coast as far as the 
Spanish Outguard and we also find that several thousand Indians hpve 
offered to assist him in this Colony should he be attacked; we find 
further that the permitting promiscuously all kind of men to Trade 
amongst the Indians without Licences 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 be injur'd or murder'd by such 
men as had given no Security and would of Course fly from Justice, the 
Indian or his Relstions expecting Satisfaction and finding none would 
tpke their Revenge by killing the first English men they could con 
veniently come at; but if a Licenced Trader should commit such a Crime 
and even escape from Justice, yet his Security being answerable would 
be obliged to make a proper Satisfaction by which the Indians would be 
contented. And we h?ve the further reason to suspect that these Out 
rages will be frequently committed this year since already a Trader 
sent from Charles Town without Licence from hence Iipth beat and abus'd 
the Brother of the Chief Warrior of the Cherokees for which this Pro 
vince cannot obtain Repsration the Offender being now in Carolina. 
We also find that the Insinuations made by the Memorialists 
(vist.) that many Traders indebted to them will embrace this opportunity 
of entring into the Service of Georgia in order to defraud their Credi 
tors is f^lse and scandalous since the Traders who have taken up 
Licences 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 by Carolina, and in this Colony no such 
Persons as the Memorialists described are licenced, though they them- 

 io (13) 

selves allow that Liceaces are granted to men (14) of desperate for 
tunes 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 Legs! Application to the Courts here, 
and that even by Letters of Attorney which is not allowed to the In 
habitants 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 seme, 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 ne*per have Signed it had he known the 
Contents thereof; end 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 hpppy 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 
hpve 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 Le^ve at the same time to assure him of our joint 
and repdy Concurrence to whatever shall be required of us towards? 
supporting the Government and enforcing and putting those Lpws in 
Execution. And we here take this Opportunity of returning the Honble. 
James Oglethorpe Esqr. our most hearty & sincere Thanks for the great 
Troubles end Dangers he (15) has undergone in Settling this Colony and 

 (13) 

for the Fatherly Care and Regard he has plways 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 be 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 be 
entirely unworthy of an Answer. 

Roger Lacy 
Wm. Woodrooffe 
Dp,. Douglas s 
Jo. Ba.il!ie 
Pat. Tailfer 
James Williams 
And. Grant 
Tho. Balllie 
John West 

James Carwels 
Austin Weddall 
Wm. Rigden 
Pat. Eoustoun 
Robert Potter 
Edward Bush 

Wm. Brownjohn 

ei 
John FallowfiKld 

Wm. Gough 

(1?) 25 June 1736 

Charlestown 

In the Commons house of Assembly June 25- 1736 P.M. Report of the 
Comittee of Conference wth. the Comittee of his Majesty's Honourable 
Council on the Letters & Advices receiv'd from the Honble. James 
Oglethorpe Esqrs. relating to ye Indian Trade. 

 12 (17) 

Your Committee Report thst having read & consider'd the Act of 
the Trustees for Establishing the Colony of Georgia, approv'd by his 
Majesty in Council, for preserving Pe^ce with the Indians, are of 
opinion that there is nothing in that Act that c?n be construed or 
extended to abridge his Majesty's Subjects of this Province of the 
natural Right & Liberty, wch. they have of carrying on an open & free 
Trade with any Nations of free Indians under his Majesty's protection, 
or thst 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 are the rather of this opinion, for thpt 
there is an Act of the general assembly of this Province still sub 
sisting & 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 
shell be licensed in the manner directed by thst act have liberty & 
power granted them to visit, frequent, & trafick 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 obstsnte in the Act (18) of 
the Trustees against it, it is apprehended by your Comittee that the 
Trustee's 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 them to observe the Rules & Regulations prescribed in & by 
the Said Trustees' Act. 

And your Condttee think that this opinion is the better founded, 

 13 (18) 

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 forregulating 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 are further of opinion, that if it was ev&r /Co 

apparently the intention of the Trustees by that Act, to compell all 
his Majesty's Subjects of what Provinces so ever, to come down to 
Sevsnnah in Georgia & take out Licences 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 not being certainly known, or the western 
lines from those Hepds, (by which the Bounds of the Province of Georgia 
are limited) not having been run, and upon perusal & consideration (1$) 
of several Plans & Mapps of the Indian Countrys, & by the Information 
of Persons who have visited those Countrys, it is apprehended by your 
Comittee, that but a email part of the Creek or Cherokee Nations of 
Indians are included within the Bounds of the Province of Georgia. 

Wherefore your Comittee are of opinion, upon the present occasion, 
& they in the warmest manner recommend it to the two Houses, that the 
seTperal Indian Traders now in town, who heretofore have trpded from 
this Province, be acquainted that they hnve full liberty & licence to 
visit & trade with the Creek, Cherokee & other nations of Indians in 

 14 (i?) 

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 
& deportment, that Peace & Friendship with the Indians, towards all 
his Majesty's Subjects of wh?t Colony so ever they are, wch. it becomes 
all faithfull 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 t'-'o Provinces will be 
amicably settled by the method herein after proposed) if in the mepn 
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 of Breach 
of the Said Act of the Trustees, that their (20) losses & damages, as 
far as the amount or Value of 2000 Pound Sterl. shall be made good to 
them by this Province: The ssid Traders first taking care to observe 
such methods in giving an account of their several Goods as shall be 
directed them, ns well in regard to the quantities as the qualities of 
what they shall carry with them. 

And your Comittee 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 consi- 
der'd) that his Honour 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 Interest, Prosperity & 

 15 #i^ (20) 

welfare of the two Provinces. 

And that, a Bill *be 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 money as the duties imposed on 
the said Trade. 

Thus far the Report. And on the day following, an ordinance of 
the Generall assembly wass pass'd "For asserting & maintaining the 
"Rights & Libertys of his Majesty's subjects of the (21) 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." ¥ch. Ordinance is publish' d at length with the Laws 
pass'd the last Sessions & Ratified May the 29th last. 

a About 6 weeks ago 14 of the Cutaboes having been inform' d of the 
b Premium to be given by this Government for bringing Tuscsrors. 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 
thp.t Party following at a distance, they fired upon them, kill'd two on 
the spot, & wounded the third. The noise of the guns allprming the 
others, they went to surround the Place, suspecting Enemies, but the 
Cutsboes having Sculp'd the two men they had kill'd, escap'd, & came 
to town on Tuesday last with the rest of their Party, 3! in number. 

On the same day one of the head men with two warriours of the 
upper Creek Indians arriv'd here to renew their Friendship with this 
Province. 

 16 (23) 

26 June 1736 Ordinance of the Council and. assembly of South 
Carolina relating to the Indian Trade. 

Whereas it is the undoubted Right and Priviledge of His Majesty's 
Subjects to hpve & enjoy en open free and veil regulated Trs.de with all 
Rations of Inc.ia.ns 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 Sub 
jects tlMn 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 Eis Majesty's Subjects of this Province and the very considerable 
Consumption of the Woollen a.nd other Manufactures of Great Britain 
carried on and negotiated by His Majesty's said Subjects of this Pro 
vince to ?nd 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 pnd 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 Carolina, by & with the Advice 
and Consent of His Majesty's Honourable Council and the Con^ons House 
of Assembly of this Province and by the Authority of the same th?t it 
shall and may be lawful and it is hereby declared & ordained to be 
lawful to pud for all such His Majesty's Subjects as shall be approved 
of and duly obtain a Licence to visit, frequent, haunt, trade, traffick 
and barter to and with the several Nations of Creeks Cherokee and other 

 17 (23) 

Indians in amity & (26) friendship with His Majesty's Subjects they 
observing and ppying due Obedience to such Rules Regulations pnd orders 
ae ere directed by the Laws of this Province special Care to preserve 
by their prudent behaviour snd deportment that Peace and friendship 
which at present Subsists between the said Indians and all Eis Majesty's 
said Subjects of what Province or Colony soever they are or msy be, and 
that as long as such of His Majesty's Subjects as shall so visit, trade 
or traffick 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 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 t?iken away, by Virtue or under pretence of 
Breach of any Act or Acts of the Trustees for establishing the Colony of 
Georgia in America sach Person or Persons shall have their said Damages 
and Losses (Provided they do not in the whole exceed the Amount or Value 
of the Sum of Two thousand Pounds Sterling Money of Great Britain) made 
good to them by the Publick of this Province, to be raised paid and 
levied in the next Genersl 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 depsrt from the Indian Nation lay before the 
Governor or Commander in Chief for the time being or such of His 

 18 (26) 

Majesty's Honourable Council as live and reside in Charles Town a List 
of the (27) several Goods, Wares and Merchandize they shpll carry with 
them into the Indian Nation and do carry none other than such as they 
shall expressly obtain Licence for under the hands of the said Governor 
3nd Commander in Chief or of His Majesty's said Council. 

And be it further axiat ordained by the Authority aforesaid that 
all additional Dutys not heretofore paid which have been laid on or 
imposed upon say Indian Dre?s'd Deer Skins or other Skins or furrs 
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 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 s,nd from 
thence to the end of the next Session of the General Assembly and no 
longer. 

In the Council Chamber Charles Town 

26th June 1736. 

Assented to 

Thomas Broughton. 
Paul Jenys Speaker. 

 19 (29) 

Creek Indian Talk 27th June 1736. 
1st Audience 

At an Audience of several of the Chiefs of the Lower Creoles at Savannah 
in Georgia the 2?th day of June 1736. 

Present 
James Oglethorpe Esqr. 

Thomas Causton ) 

) Bailiffs. Thos. Chiistie Recorder. 
Henry Parker ) 

Mary Musgrove 
Interpreter. 

II.B. The Chiefs of Seven Towns with about 60 Indians being at Mus 
grove* s Cowpen Mr. Oglethorpe ordered a Boat to bring them down to Town 
where the Militia being all under Arms received them at the Lending 
under the discharge of our great Guns Drums beating and Colours flying 
and conducted them to the Town House. 

The Indians being all seated Mr. Oglethorpe told them he was 
glad to see them. 

That he hgd long wanted to see Chigillee of whose fame he had 
heard. 

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 
Thigillee. 

That they had come a great way and he loved them all from his 
heart. 

 20 (29) 

Tomo Chachi was present and sat next to Chigillee "but ss Mr. 
Oglethorpe sees him dayly 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 (30) Presents in Remem 
brance of King George. 

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. 

And that the Talk which says All their Children shall be as One 
may ever continue. 

Tomo Chachi further sdded That that was his Talk. To which Mr. Ogle 
thorpe made answer. That his Talk was good. 

Chigillee the ) 

) 
Chief of the Lower ) then spoke snd said that Tomo Chachi was the 

) 
Creeks ) 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 of People that begun the last War by 
running up in so many Crowds to them: But that he will endeavour to 
keep the People in Order whilst he live and that the Man that sits by 
him would govern after him (Pointing to Malla,chi). 

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 

 !! 1 

21 00) 

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 (3!) 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 head, Mr. Oglethorpe told them they had come far and therefore his 
Men would show them where they should eat lye down and refresh them 
selves and they should have the Talk to morrow, he likewise returned 
them thanks for their Skins and said he would then see them agpin Then 
gave Orders that a Bsle 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. Brownfield's new Buildings. 

Mr. Oglethorpe invited Tome Chachi ajid Chigillee to his house in 
the afternoon. 

They then "broke up and were reconducted by the Militia under Arms 
to the appointed Lodgings where they gsve them a Volley of small Arms 
and retired. 

(33) Letter from Paul Jenys Esqr. at Charles Town to Mr. Oglethorpe 
drted 28th June 1736. 

Sir 

Since my last of the 24th Instant, a Committee of both Houses 

 22 

have had under Consideration your Letters to his Honour the Lieut. 
Governor relating to the Indian Trade &c. Two Reports have been made 
thereon which the Lover House have desired his Honour 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 end 9 against 
it. 

In the afternoon of the seme 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; p. Message was sent to his Honour to desire his Lenve to adjourn 
for 3 Weeks &c. In answer to which he replyed in Substance that as the 
important Affairs for which the General Assembly had been convened 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 
(34) Motion made for reading the Ordinance a Second time immediately 

 23 (34) 

and the Question being again insisted on, 'Twas carried for the Reading 
a of it 2nd accordingly read a 2d and a 3& time and ppst and at about 9 
of the Clock that evening 'twas ordered to be ingress'd and the same 
night assented to by his Honour the Lieut. Governor. I should by this 
same Conveyance send You a Copy of this Ordinance, but Col. Fenwicke 
informing me that the Lieut. Governor will send it with the Report before 
mentioned, I apprehend it will be altogether unnecessary: The Account 
I have now given You of the Proceedings in the lower House You may depend 

b on is exactly as it was there transacted. I have only to remark on this 

thin 
occasion that the House wa.s/ikzK and never more equally divided, and 

many who were for the Ordinance said an Accommodetion with You on this 
Affair would be much more agreable. The Expedient proposed by some of 
your Friends is that the Agent for Indian Affairs shall be of your 
Nomination a.nd 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 

c fall into it: It gives me a grept Concern to heer fxa how free the 

rude unthinking People treat Your Character, but 'tis to me some Satis 
faction to observe, th?t Your Enemies are of this despiseable Rank, 
except a few Bigots, M?le Contents, Indian Trpders and a Set of men who 
think themselves injur'd by the Opposition You gave them at Court. 
'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 csn assure You that one of 
our Members informed me that those he represents would rejoice to see 

c You et the Eelm of Affairs in South Carolina, and I could wish that the 

 24 (34) 

whole Legislature of this Province could, give as convincing Proofs of 
their (35) Zeal and Concern for the Prosperity and well Settlemt. of 
this Colony as You are daily giving of yours to Strengthen and secure 
all North America. If the Affairs of your Colony would tut 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 thpt I have 
scarce Room to acquaint You of the Reason of my writing a Letter to 
Mr. Cpuston in favour of Mr. Henry Bedon. I knew nothing of his Design 
to go to Purysburgh & Savannah till his Boat was loaden 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 s.nd 
others told him there wss 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 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 any Rum, he replyed he was; Upon this I told him a.s 'twss 
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 Jeplousy of his Running it into your Colony carried with it 

 23 (33) 

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 th^t 'twas Suggested 'twas I that put him upon the Voyage. 
I am Sir &c. 

(41) Letter from My. Oglethorpe to the Duke of Newcastle dated 1st 
July 1736. 

% Lord 

a The Importance of the Subject makes me trouble Your Grace with 
this long Letter. The French upon the Mississippi River under the 
coEnapnd of Honsr, De Bienville in October last received Advices from 
Europe to prepare for a W^r with the English this Spring; which bore 
date about the time that His Majesty declared his Intention of sending a 

b Fleet to Lisbon. They spent the Winter in drawing together a body of 

c 2300 French, and would only tpke 800 chosen Indian Warriors. They in 

d 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 

e Hobille 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 2? days. They were to rendevouz at Mobille in 

f January end to take the field in M^rch. In January Monsr. De Bienville 
arrived there, and on the 10th of that month Vessels from Europe brought 
him Advice thp.t His Britennick Majesty's Measures had been so successful 

g as to procure a General Pacification. On this the Troops tsere ordered 

 26 (41) 

all tack, and Monsr. De Bienville gave out that the Expedition we 
intended, pgainst the Chickessws, a Nation of Indians in Alliance with 
the English, & nearer by some 100? of miles to the Quarters the Troops 

h came from than the 1obille. 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 
Chickespws into the Indian Corn Fields, and after an Hours hot (42) 
Engagement, the French retired in tolerable Order for 3 quarters of a 

a mile; but then being entirely broke, they left 25 French dead upon the 

b 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 hpve consented to, but unfortunately one 
of the French spoke English, and the Trader answering him, the Chickespw 
General cried out "This is a Traitor, he speaks the ssme Tongue as they 
"do, pnd he speaks for them, therefore burn him also." It was with much 

c ado that the Elders of the Na.tion saved him. The Chickeeaws pursued and 
3 dpys after met with another body of some hundreds of French who 
guarded their Boats on the Missisippi River, but no Indians. The 
Engagement wps very short, the French immedietely taking to the Stresm, 
where most of them were drowned, their Bopts 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 

 2? (42) 

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 hpve been in quiet possession before the Treaty of Utrecht. 
Since my last, the Governor and Council of War at Augustine, have dis 
puted over Right to St. Simons and the Alptamaha, but at last offer'd 
to lepve all Differences concerning the Limits of the two Provinces to 
the Determination of the Courts (43) in Europe, provided I would 
deliver up the Fort st St. George's Point, on the North Side of St. 
John's River, over pgainst their Garrison; which I shell 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 
of your Grace's Letters, others I kept to carry up my self. The People 
seem very ^willing to comply with any of His Majesty's Orders. I was 
a Favourite with them when I was here before a privpte 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 
snd 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 Perpon can go into the Indian Country without giving 
Security for his behaviour and obtaining a Licence thereupon, a 

 28 (43) 

Precaution absolutely necessary; since if men, without Security given, 
went into Countries where are no Magistrates to do Justice to the 
Indians, they would be apt to commit sll sorts of Offences. If we 
suffer'd the Indians to destroy them for such Offences, 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 (44) ^ 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 
King's Orders, notwithstanding the Clamours of the men, who can bear no 
kind of Government, but would rather assist Foreigners to drat< 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 asking my Letter more so, and. therefore I shall only add that 
I am 

My Lord 

Savannah Your Grace's most Obedt. 
1st July 1736. and most humble Servt. 

(4$) Letter from Mr. Kennedy 0 Brien to Mr. Oglethorpe dated 2d July 
1736. 

Honourable Sir 

Being informed by Mr. Lacy, Mr. Brown end some other Gentlemen 
That my Name was Signed to a certain Memorial Exhibited by some Mer 
chants and others of Charles Town complaining (among other things) of 

 29 (43) 

the Hardships they were liable to by being deprived of the Benefits of 
the Indian Trede for the time to come. I take this opportunity to aseure 
Your Honour 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 a.ny 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 for 
ordering me a Lot in Augusta, and am 

Honble. Sir 
Savannah Town 

Your most Obedt. humble Servt. 
2d July 1736. 

(4Q) Creek Indian Talk 3d July 173%. 
2d Audience. 1st Part. 

Savannah in Georgia 
?d July 1736. 

At an Audience the Upper and Lover Creek Indians had of Mr. Oglethorpe. 
Mrs. Musgrove Mr. Alexander Wood and Mr. Thomas Wiggin Interpreters. 

Tooo Chachi said, That before he went to England, he left Capt. Watson 
Partner with Mrs. Musgrove, but on his Return found things con 
trary to what he expected. 

Mr. Oglethorue ask'd What he complain'd of? 

Tomo Chachi. He ill used Mrs. Musgrove and the Indians. 

 30 (49) 

Mr. Oglethorpe. What did he do to the Indians? 

Talohoml. Be took their Pistols end 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 txa 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 ellowed to have a Copy of my Accusation that I may con 
sider 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 -f^tR^ (50) 

would kill him, and therefore desired he might be sent out of 

the way. 

Mr. Oglethorpe. He has been tried for that by our own Laws. 
Tomo Chafhi. It was only for his own Sake I desired it that he might 

come to no Harm, & therefore I was glad thpt he was confined. 
The rest of Tomo Chachi's Words Wiggin Interpreter says he 

understands as shewing an Inclination in Tomo Chachi to interceed 

for Watson. 
Watson. The Indians came to me desiring a horse to carry some Leather 

to Purrysburg. I refused them it, being unwilling the Leether 

 31 (50) 

should go thither. They then would hpve my Canoo, 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 whpt to do. He bad me not let them 
take it away. Mr. Ceuston 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 end excus'd 
disarming them from the necessity of so doing. 

Tomo Chachi s?ys. The Indians, like the English, were willing to try 
several Places, & therefore would carry their Leather to Purrys- 
burg. 

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 ) 

) Say, The Boat was not Watson's (31) but one of their 
& the Indians ) 

own, belonging to Tomy Jones. 

Watson. It was his, but in xy 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 p disturbance among the Indians 

he went down himself, found Watson drunk, Talophelechi and the 
Indians exceeding angry. That Skee in particular was much 
inraged at seeing him draw up the English, and coming offered 
to take away their Arms. One man sdvised them to deliver them, 

 32 

and. himself did. so; which Mr. Cans ton immediately retook from 
Tplophelechi; but returned t'lem their own Arms shortly after. 
Mr. Oglethorpe. Why then Mr. Cnuston I find You were to blame. You 
did not know the Consequences of such an Action. A less thing 
thsn this might have cost You all your Lives. 

2d. Fact. 

Stechi Says, That he left his Cost, ridle, Saddle, Girth and Gun in 
Watson's House, who, upon his going to take them again, beat 
Mm. 

Mr. Cglethorpe/ here bad the Indians observe he was $±Kas3tyxxXB: always 
ready to do them Justice, and they free to couplain 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 a.nd 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; 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 (32) followed. We talked the matter over, 
drank together, and came to a. good Agreement; None Present. 
Ee 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. 

 33 (32) 

3d. Fact. 

Talohomi says, He had another Brother died at the Point that Skee came 

to him and said he was sick &nd going to his Grave. 

That Watson said Skee was going to the Cowpen to be buried; 

and that he (Watson) was the Cause of his Death. That several 

who spoke English told Talohomi Watson said so, particularly 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 Desth." 
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 be sure. Talohomi repeats it, and Wood says the Words do 

not bear thpt Sense. 
Wiggin (another Sworn Interpreter) says the meaning of Tplohomi's words 

are That Skee used to eat Victuals with Watson, & he (Talohomi) 

thinks the Victuals did him ha.na. 

% (33) 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. 

 34 (33) 

Mrs. Musgrove Sole Interpreter in the beginning of the Conference 
afterwards Alex. Wood and Thos. Wiggin. 

.L 

Mr. Oglethorpe. Began by telling them They should tell their own 

1. 

People what they had heard and seen here. That he loved them 
and their Children end carae 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 JEaxxt Justice 
against the Pohoia King, 

Chigillee ) 

) and the rest express'd the greatest Content and Satis- 
Tomo Chachi ) 

faction. Tomo Chachi coining 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; a,nd he 

should tell the men so when he went back. 
Wiggin. Says The Spaniards told them Mr. Oglethorpe would cut off their 

Heads. The Carolina People, that he was come to steal their 

Lands. 
Mr. Oglethorope. 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 

right. 

 33 (53) 

They said they were throughly convinced of the falseness (5^) of the 

Reports they had heard end. 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 
away. 

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 Indians 
are at War. The Cherikee Traders come out on Horseback. That 
he has called to them, but they immediately ride back and alarm 
the Oherikees. 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, as they the Creeks would not let their own English 
Traders help them. 

Mr. Oglethorpe. Before the Cherikee Traders went away I ordered them 
in presence of the Hepd Warrior never to go out a& 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 hsve 
forbid their meddling at all in your Quarrels, If they disobey I 
shall know what to do. 

Chigillee. We h^ve often endeavoured to intercept the Traders that 
would discover us and keep them till our fight was over and 

 36 (54) 

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, the* the Spaniards and French 

will. 
Wiggin. Says there is a Virginia Trader one Wm. Burlew who always goes 

out with the Indians (55) to War and boasts that he always .will 

do so. 

Mr. Oglethorpe ) 

) This Tracer, tell us who it is helps your Enemies, 
to Chigillee ) 

He is not one of our People, I will send orders to 

ha.ve 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 we or they must die. 
Mr. Oglethorpe. Bat We must desire the Path may be safe, for they are 

coming to me. There pre days enough in the Woods for blood. 
Chigillee. We must kill them whenever we meet them. 
Mr. Oglethorpe. The Cherikee King said to Tomo Chachi You are weak 

and we are strong therefore we will not come down to the Eivers 

to hurt You. 
Chigillee. We made Pe^ce with the Cherikees but they afterwards killed 

our Women end Children & we can have Pence with them no more. 

They talk well to Tomo Chachi but they will kill me if they 

can. They ere mad. 
Mr. Oglethorpe. New men are come up now, and ell the Mad men are 

dead. 

We ought all to love one another. I wish the Indians did so, 

but I shall not intermeddle; snd if the Indians do not love one 

 37 (53) 

another, the white men shall not intermeddle. 
Tne Traders Say. The French are fortifying the Albamas, enlarging 

the Fort last Autumn. Yet they promised the Indian?, if they 

would not pull it down they would never repair it again, but 

instead of that had made it much stronger. 
TSmalagechee. 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 (56) Robt. Perriman in 

his Stead. 

The Indians appearing uneasy a.t the length of the Audience Mr. Oglethorpe 
ordered the remaining Presents to be shewn them which he told them were 
for their Wives pnd 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 cone up with 
him. 

Mr. Oglethorpe. Told them he gave them those Shott &c. in considera 
tion 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 ha.d a T?lk at this time about my settling upon the Islands 
of the Sea. We give You these Presents in token of this 
Agreement. 
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 

 38 (36) 

not know. He should consider within himself All he had seen & 
heprd when he got into the Woods pnd say a greet deal when he 
came home & satisfy them pll. 

Mr. Oglethorpe. For the Ipst thing Chigillee th?t You may not forget 
me I will give you the Coat off my own Back that You may wear 

^Mallatchi Son it and that **young Man after You. Here Mr. Oglethorpe pull'd 
of Empr. Brim 

intended Succr. off his Coat and gave it to Chigillee. 
of Chigillee. 

Chigillee. Then I will put it on immediately "before your face. All I 

have seen and heard is fair and good. For our Women and Chil 
dren I shall take Care they shall all think of it as I do. All 

Y 

shall be straight between us always. I was never/to well pleased 

in my Life as with this Talk. 

(57) 6 July 1736 

By the Hon. Thomas Broughton, Esqr. Lieutenant Governor and Commander 
in Chief in and over his Majestys Province of South Carolina, 

A Proclamation. 

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, 

 39 (57) 

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 be 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 Dom. 1736 God S?ve the King 

Thomas Broughton 
By his Honour's Command 

James Michie Dep* Seer. 

(59) Charleston in South Carolina, July 10 1736 

a On Saturday TASt in the afternoon King Opayhatchoo of the Upper Creeks, 
*b and one of tne ]S beloved Hen from the Abecoes, and one head Warrior of 
c the Cusatoes, of the lover 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 bed bad; that he was hesrtily glad to See 
"the Governor and all his brothers the white people here; and as he 
"csme 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, 

 40 (59) 

d "but for all his people, he would not have the river yt goes round to 
"be stopped for the carriage of Rum: thpt he Saw there (at Georgia.) 
"wp,s a Chief, and here was a Chief, all white people end all alike to 

e "him; but that he chuses this place to deal with as his friends; Thp.t 

"he in 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 to it: 

a "but that on tne (60) other side was for the red people and their 

b "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 then he, and that his words shall be the same 
"there as here, and he not be found a Liar. 

(65) A Conference between Hr. John Wesley &c and the Chickesaws in 
Georgia. Anno 1?36. 

10 July 1736 Monday July 10, five of the Chickesaw Indians came to us, & Mr. 

Andrews their Interpreter. They were all V<arriours, four of them Head 

Men of the Nation, & two Chiefs, Postubee/ & Mingomawtaw, 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, ihg The Sun, The Clear Sly, & he that lives in the Clear Sky. 

0. 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? 

 Ati 4i (65) 

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 that went into them, but still they are slive. 

Q. Then he can save you from your Enemies now? 

A. Yes! but who knows if he will h^-ve Mercy? We have So many Enemies 
now all round about us, that I think of nothing but De?th; & if I 
am to die, (66) 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, & th?t in a very hot day. 
And I saw when many French & Checktaws & other Indians came agsinst 
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.) 

 42 (66) 

Q. What sort of noises were they? 

a 

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 he^rd nothing before it? 

A. The Night before I dream'd I hesr'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 (6?) next day I heard 
about 100 Gun*? go off, before the Battle begen, (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 tplk of them & to them, 
at home, abroad, in pence, in War, before & after fight, & indeed 
whenever & wherever we meet to,- ether. 

Q. Where do you think your Souls go after death? 

A. We believe the Souls of Red 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 nea.r 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 h°ve not seen. 

Q. Our (viz. the white Men's) belief is, that the Souls of bad men 
only welk 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. 

 43 (6?) 

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 t^ke up the Spirit of the Young 
Woman. 

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? (68) 

A. Our Enemies are all about us, we have no time now but to Fight; 
if we should ever be at pe^.ce, 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 s.s the Ground was sound & fit to stend 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 from a Child, & is in them, & 
takes care of them; & teaches them & they know these things; & our 
Old Hen practice, therefore they know; but I do not practice, 
therefore I know little. 

 44 (69) 

Charlestown 

The Speech of the Honourable Thomas 
Broughton Bsqr. Lieutenant Governor &c. 
To the Honourable the Common's House 
in General Assembly met July 12. 

Mr. Speaker & Gentlemen, 

I Flatter 'd my self, there would have been no occasion to call you 
egain 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 Usqr. 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 tine. 

The severpl 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 sajme, 
let sll your proceedings be nild & 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, 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 Sovereigns Paternal 
Care & Affection, extends eq\tally to ell his Subjects. 

Thomas Broughton 

 43 (71) 

To the Hon. Thomas Broughton Egqr. 
Lieutenant Governor, Captain General, & 
Commander in Chief in & over Eis Majesty's 
Province of South Carolina. 

May it please your Honour 

We his Majesty's dutifull Subjects the Commons met in General 
Assembly in Obedience to your Honour's Proclamation for that Purpose, 
return your Honour our most hearty Thanks for your kind Speech to us on 
this Occasion, & we taJas leeve to assure your Honour, thst notwithstand 
ing the Inclemency of the Season, as well as the Inconveniency of being 
absent from our several Habitations at this time of the Year, we are 
now met with Hearts well disposed to joyn with your Honour & his 
Majesty's Council, in promoting any Measures that may testifie our 
disposition to s.ct as most fsithfull Subjects to his most sacred 
Majesty, & thpt always with the inviolable Regard wch. on every Occasion 
we ought to exert, to preserve the Enjoyment of the just Rights & 
Priviledges 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 Countenance & Concurrence, & also the same from his 
Majestys Honourable Council. 

Paul Jenys, Speaker, 

(73) Copy of a Letter from Mr. Paul Amatis to the Trustees Dated at 
Savannah 12th July 1736. (Written in French, so not copied.) 

 46 (77) 

Chickesaws Indian Talk 13 July 1736. 
let. Audience. 

At an Audience of the Chickesaws at Savannah in Georgia 
July 1736. 

Present 

James Oglethorpe Esqr, 
Andrews and T. Jones 
Interpreters, 
a 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 to the Help and 
Protection they sought for. 

Postubee ) 

) We are come a great way to see You. The Sun 
Chief of the Chics. ) 

was very hot and burnt our Heads, and we wanted 

Water, yet we would come. We hpve many Enemies, and beg Powder 
b and Shot. 

Another Chic. Chief ) 

) My Brother my Chief, your Powder a.nd Bullets are 
Mingo bemingo ) 

Warriors, they kill their Enemies. 

c We walk about very poor, we want Guns. 

Postubee. We are come a long way to see our Elder Brothers, the 
**So the French 

teach them to Beloved men, the Scotch Warriors, and the Black Kings.^ 
call the Clergy. 

I have seen Charles Town before, but I now come to see You, 

and like this Place exceedingly. 

 4? (77) 

Mingo bemingo. We heard You was a Red Woman's Child; Tonny Craig, 
Tomee Wright, Billy &reg, and Kilkenn;^ told me so, but 
now I hpve seen you, I believe you have as white a body as any 
in Charles Town. (?S) They told us many T^lks, but You see we 
did not believe them. 

Mr. Oglethorpe. I am a Red mpn, 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 jf 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 
Talk. 

Having shewn sn 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. 

CM eke saw ) 

) Said, Why then we will go to see the great House and 

Mingo bemingo ) 

the great Water. Ney, if You bid us, we will go 

over it. 

Mr. Oglethorpe. I wish some of your young Men would have gone ov&r 

then 
with me; for/ihBE they might have had help against their 

Enemies. 

Mingo bemingo. We are come into our own Town and our own People, and 
had we not so many Enemies we would stpy here till Winter. But 

 48 (78) 

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 (79) such, I should 
die quickly. That I was sn old mam, and it was time for me to 
die. The Creeks, Chickesaws, Obehatchee 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 
Talks. 

Mr. Oglethorpe. Tomorrow by break of day I will be with You and hear 
them. 

Hinge 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 King spid so; but we were resolved to take your 
Talk & we have taken it. My Heprt is glad as Yours. You shall 
have the rest of our Talk tomorrow. 

(81) Chickesaws Indian Talk 13th July 1736. 
2d. Audience. 

Savannah in Georgia 
13th July 1736. 

Andrews & T. Jones 
Interpreters. 

 49 (81) 

Chickesa,ws. We are cose a gre?t way thro* desarts 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 Mice, 
a We come to You our Mice 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 Najnes of all our Enemies, there are so 

many of them, 
b The Choctaws, Tomassaws, Movilles and Tomes (these not concerned 

in the late Invasion). 

The Yungusees, Tomolohaws (commonly called Ilonois) Nawtowee 

and Wrawtonoo; these with the French that have just now fallen 

upon us. 
c 700 men came into our Towns twice, but have not killed us all, 

for some You see are alive yet. The French h?ve Forts in all 

of these Nations and keep then always in readiness to send 

against us. 

A long time a.go we heard from the great Mice. They promised us 

white men & Arms and to send us white men and writings. (82) 

The ^ People of Carolina promised them too, but never sent them. 

We ask nothing besides Powder & Bullets, but You have a Heart. 
Mr. Cglethorpe. Have You any Friends? 
Chickesaws. None but what are here. But sda 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 

 30 (82) 

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. Tpke 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 

then. 
Mr. Oglethorpe. But You had better look upon it, lest it should be 

damaged by coming over the great Water. 
Chickesaws. Then we will. 
Mr. Oglethorpe. This was needfull 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, 

the Albamas Indians are entirely French. (83) 

Mr. Oglethorpe. Are the Chockt?ws as much your Enemies as ever? 
Chickesaws. No. The Chocktaws came not against us in the late Invas 
ion, except some Straglers. 
Mr. Oglethorpe. Till I can get You more Help can any cooae to You from 

the Cherikees? 
Chickesaws. We do not know. They are Red People. You know what You 

can do. 

 t* 
31 (83) 

Mr. Oglethorpe. Which of the Cherikee Tovns were most friendly to You? 

Chickesaws. Tg-nnasee and Great Telliguo 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 cpn. 

Mr. Oglethorpe. They can*t bring them, but they c?=n bring something 
like them (Granados here described) Therefore it is dangerous 
to keep within Pallisadoes. I was bred to Wpr, 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. 

Chickesews. 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 (84) could make no Resistance. Keep in the onen 
Fields, a good Tree these things can't get through. 

(83) 1? 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 Sonth Carolina. 

 32 (83) 

May it please Your Majesty 

We Your Majesty's most Dutifu.ll Mitt Loyal Subjects the Council 
ajid Assembly of Your Majesty's Provice of South Carolina, now met in 
General Assembly st 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 faithfull Subjects and to repeat the Assurances of our 
sincere and inviolable Attachment to Your Host 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 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 Obligstions to acknow 
ledge the just Sense they have of Your Majesty's Goodness in establish 
ing the Colony of Georgia by Your Royal Charter for the Relief of many 
of YoTir Majesty*s poor and indigent Subjects for the Security and 
Defence of the Frontiers of Your Majesty's Dominions in North America 
and for the encreasing & extending of the British Commerce. In fur- 
thurance of which Your Majesty* s most Gracious Intentions the (86) 
People of this Province excited by Your Majesty*e 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 

 53 (86) 

have testified their good Disposition to have lieved 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 Rnn^wx Concern 
that Your Petitioners find themselves constrained from the repeated 
Injurys 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 
America. 

It is upwards of Seventy Years since our Ancestors faithfull 
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 and hazard end without any Burthen 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 
and Indulgence of Your Majesty and Your Royal Predecessors & their 
Industry Care and Oeconomy they formed an Establishment from whence they 
have grown aJid 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 and other Manufactures but also in 
the (8?) Extention of the ritish Trade and JBmpire several hundred miles 
among the Native Indians. 

We humbly pray Leave to a.dd that the Security and Wellfare of 
this Province (next under God and the Wisdom and Goodness of Your Majes 
ty) hath been owing to nothing more than the Regulations which from 

 34 (8?) 

time to time have teen established by the Legislative Authority of this 
Province derived under the Crown of Great Britain with regard to the 
Trade a^6. Commerce aaoot 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 Years last past. 

That before these Regulations took pls.ce Your Majesty's Subjects 
of this Province were under great difficultys 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 aJid 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 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 & Emolu 
ment of that Colony by their acting in concert with Your (88) 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 
ca.reful Observation of Events We might be supposed to be better 

 35 (88) 

acquainted with the ature 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 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 negociating 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 Admini 
stration 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 to go 
thither and to take out Licences to Trade with the Indians end of 
threstning 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 first Obtained from Georgia notwith 
standing such Persons are or may be Licenced from this Province and have 
given Bond here for the Observation of all the (89) 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 

 56 (89) 

obliged to observe contrary as We humbly conceive to Your Majesty's 
gracious Intentions and the Rights and Liberties of their Fellow Sub 
jects 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 Gr&cious Interposition may be of the 
most y fatal Consequence and may give such Umbrage to the Indians by 
nature jealous that this Province as veil as Georgia may soon be in 
volved in Blood and Confusion. 

Permit us most Grpcious Soverign 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 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 aJid 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 caJi give any Countenance to the 
People of Georgia to take upon themselves the Sole Management of Indian 
Affairs (90)for several of Your Majesty's Colonies in North America. 
A Task to which a People so lately settled in America and so little 

 57 (90) 

acquainted with the Customs and Manners of the Indians cannot reasonably 
be Supposed to be equal and who have very lately given by the ill 
Management end 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 Rnd 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 en 
couraged 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 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 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 ($l) on the Seventh 
day of December in the fourth Year of Your Majesty's most auspicious 

 38 (91) 

Reign and thereby to decare "That Your Majesty had ordered Your People 

"and Children the English in Carolina to Trade with the Indians and to 

and 
"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 are as ¥e 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 froa 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 
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 (92) the 
Town of Savannah in Georgia) to take out a Licence and Enter into 
Obligations to Observe the Rules and Regulations prescribed in another 
Province when the ssiae may be as effectually done and with much more 

 59 (92) 

ease to Your Majesty's Subjects in the respective Provinces from which 
the Trade is negociated and for which with regard, to this Province 
effectual Care for many Years past hath been t^ken and is by the Laws 
now in being enacted and passed by Virtue of Your Majesty's Royal 
Authority. 

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 Proceed 
ings 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 pnd 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 S&v?nnah all along 
"the Sea Coast to the Southward unto the most Southern Stream of a 
"certain other great Water or River (93) called the Alatamaha and West- 
"ward from the Heeds of the said Rivers respectively in direct Lines to 
"the South Seas antl all that /Space Circuit and Precinct of Land lying 
"within the s?id Boundarys with the Islands in the Sea lying opposite to 

 60 (93) 

"the Eastern Coast of the spid Lands within twenty Leagues of the same 
"which are not already Inhabited or Settled by any Authority derived 
Wfrom the Crown of Great Britain Together with all the Soils Grounds 
"Havens Ports Gulphs and Bays &c. Rivers Waters Fishings Ac. Jurisdic 
tions Eoyaltys Franchises Privileges & Preheminences 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 Grsnt 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 Corpora 
tion in exclusion of all other Your Majesty's Subjects or that it was 
ever so intended by Your Majesty and more especially since the Naviga 
tion of that River is so absolutely necessary to the well being of all 
the Southern ^arts of this Your Province and particularly to Your 
Majesty's (94) 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 tventy Years ago, near three hundred 
miles back from the said Rivers mouth and maintained at the Sole Expence 
and Charge of the Inhabitants of this Province for Securing that part of 

 61 ($4) 

Your Majesty's Dominions & protecting the Out Settlements of this Pro 
vince and in which there are now living about one hundred Inhabitants 
and in the other namely Furrysburgh reside upwards of one hundred 
Familys 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 upwards of thirty thousand Pounds of this money. 
Notwithstanding which the said Magistrates and Officers at 
Savannah in Georgia have assumed under Colour and pretence of an Act of 
the Trustees for establishing the said Colony of Georgia intituled "AM 
"Act to prevent the Importation of Rum and Brandys in the Province of 
"Georgia," 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 of Search for such Rum Stop and detain the said Boats end 
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 s?id Savannah Old Town and Fort 
Moore and had the Lieut. Governor's Licence and Permit for that purpose 
for the use ($5) of Your Majesty's Garrison and other Inhabitants within 
this Province And that it was known and acknowledged by the said Magis 
trates that the said Boats and RztitiHg Pettiauguas were bound into this 
Province Yet nevertheless the said Magistrates regardless of their Duty 
to Your Majesty the Obligations they were under to this Province and the 
natural Rights end Privileges of their Fellow Subjects with force com 
pelled several Boats belonging to the Inhabitants of this Province 

 62 (95) 

passing up the s?id 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 that such Bests 
and Rum were found in the Waters of Georgia Stave and Destroy the spid 
Rum and compell 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 is the only Water Passage to the &aid Savannah Garrison and the 
Town of Purrysburgh And is one of the Boundarys of Georgia and conse 
quently 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 repre 
sent these Proceedings to Your Majesty for Relief and Redress therein. 

(96) 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 YoTxr 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 

 63 (96) 

Subjects of this Province as a moderate use thereof we have found "by 
many years Experience to be 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 
We can with the greater Certainty lay before Your Majesty as this 
Province did several Years ago by an Act of Assembly then passed pro 
hibit the use of Rum among the Indians But after some Years Trial it was 
found expedient (9?) 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 
them. 

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 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 

 63-(97) 

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 be Declared to be free and open 
to all Your Majesty's Subjects of this Province And that 
the Magistrates of Savannah in Georgia may be Ordered to 
make Reparation to Your Majesty's Subjects of this Province 
for the Injurys they have done in Seizing and destroying 
their Goods And that Your Majesty will be gfaciously pleased 
to give such Orders and Directions to the Trustees for 
establishing the Colony of Georgia that (98) 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 
eha.ll 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 

Win. Bull. 

In the Commons House of 
Assembly l?th July 1736. 
By Order of the House 

Paul Jenys Speaker. 

 (loi) 

1736 

20 

Copy of William Drake Esqr. Commissioner of the Indian Affairs, his 
letter to Cha. Pinkney Esqr. 

Sir 

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 Rumour 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 Kajy.'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 
(102) elsewhere is in my opinion of vast importance to yjt ye British 
Interest in America, and therefore should be veil considerd, 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. 

'Tie rumourd yt. ye Alatamaha River is to be ye Boundary as far 
ye 
as/yix head thereof, and from thence by a West line to be struck bo 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 Vest of ye Alatsmaha, and ye Claim and 
pretentions the English have to them. By ye Charter of King Charles 2d 
to ye Lords proprietors of Carolina, the latitude g&xXpx of 29° deg. 
was fixd as the Southern Boundary (103) **ch.* you very veil know includes 
ye Settlement of St. Augustine itself, and if you please to look in 

 65 (103) 

a Capt. Nairn's map of Carolina wch. I here enclose to you, (least you 
should not have one by you) you'll p.ceive that it also indue, the 
mouths end Entrances of ye Apalachee, Catahuchee, and almost all ye 
other Rivers yt. empty themselves into ye Gulf of Mexico to ye Eastward 

b of ye Missieipi Eiver, whereas shou'd ye Alatamaha be Settled as a 

Boundary we Shou'd thereby lose at least one hundred Miles extent of 
Dominion; this atlaatick Sea, & wt. wod. in process of time be of in 
finite 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 English; 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 (104) render 
those parts of ye Chatahuchee wch. lie to ye North of that line, of no 
manner of Consequence to us, Since it will be 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 
Alatamaha's 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 Memico, it 
wod. leave us ye Navigation of ye Chatshuchees free & undusturbd; but I 
had much rather see ye Spaniard wholly excluded (105) from ye Florida 
Shore, than that ye English should consent to give up one foot of their 

 66 43^4 (103) 

Claim to this part of ye world. 

a T*is a policy I conceive shou'd be readily adhered to by ye 

English not to give up to any other European Nation any pairi: Port on 

b this Eastern Sea; & shou'd we leave any considerable Port or even an 

indifferent one on this shear, 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 wo& also in time, were they so 
minded, distress our trade from Jamaica & ye Bahamas, & Khaiy wholly 
command ye Navigation thro' ye Gulf of Florida. And when they are once 
masters of these Seas, it is epsy to foresee they will extend their 
views, & in time make themselves masters of ye Land also. T'is for these 
reasons we shoud never consent to ye Spaniards encroachments any way to 
ye North or west of St. (1C6) Augustine, and ye same reasons will hold 
good for our making ourselves masters of all the Ports and Rivers in ye 
Gulf of Meiico 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 be remembred yt. not a Century & half ago, 
America itself was not accounted of much Consequence, and the possession 
thereof to ye European princes was lookd upon as a very trifling Acqui 
sition to their power & Dominion, tho' at this day it is viewd in a 
quite different light; and tho* it lay long neglected, t'is now it 
Kza± wou*d be a cheap purchase if the French king coud obtain a consi 
derable port or two on ye Eastern Sea, even at ye Expence of a whole 
year's revenue of all their Dominions. 

a The ls,st year I had ye honour to be appointed by this Governmts. 

 67 (10?) 

as Commr. of ye Indian trade to p.form 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 thought might concern ye British 
a Interest in those parts. In my Journey thither I crossd 5 or 6 Rivers, 
b "before I csme 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 
c four hundred Miles from Cha.. Town I came to ye Sst-bnrpftt Catahuchee River, 
wch. I have before mentiond, a place & ^ Country by far ye pleasantest 
I have eeen in America, altho' I have been in Sevl. other parts besides 
Carolina; but ye pleasantness ana. agreeablenese 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. (108) 

a Upon this River, wch. is navigable, as I em inform'd to ye upper 
b Creeks, live ye lower Creek Nation, & from whence ye Indians sometimes 
go down to ye Sea, and as I wae informd from some of ye Indian Chiefs, 
c who had been down ye River, it takes them up a whole month to return in 
d their Canoes, from whence I conclude, that from ye Catahuchee, where I 
receivd this information, it was 200 or 230 Miles down to ye Sep. 

This River after watering a fine Country emptys itself into ye 

e 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, the' it leads 
into a much greater extent of Country, excepted. For ye Missisipi is 
f (as I am inform'd by one Capt. Hen. Isa.ac an English man, but who had 

 68 (108) 

lived many years among ye French on the Mississipi, & who I found among 
the (109) Creeks) so very shallow &full of Flats at it's mouth, & it's 
stream is so exceedingly rapid, yt. it's navigation is readred very 
difficult. But ye &xiag& 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 1?35) poseessd 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 (110) 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 aonEE our West India Squadron than 
Jamaica, and whether from thence they cod. not as easily protect our 
Trade & obstruct ye Spanish Flats 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 

 69 (no) 

this, it wod. render ye French settlement at Moville of little use to 
them, it wod. effectually prevent their encree.se & spreading in those 
Countries, but above all it wod. "be the best barrier we can possibly 
have agst. ye Encreachmts. of ye French on ye Missisipi; And of this the 
French are So Sensible, th?t Capt. Isaac, before mentiond, told me, yt. 
whilst he was at New Orleans, when (111) the Settlement of Georgia was 
a first begun, the French were then under a good deal of Concern about it, 
but as they did not know particularly where ye Settlement vas intended, 
they concluded it must be on ye Catahuchee River, and Monsr. Bienville, 
ye French Genii. Sent a vessel from thence to ye mouth of ye Catahushee 
to learn ye certainty of it, wth. a design, no doubt, to give wt. 

b obstruction he possibly cou'd to it. we know by daily experience that ye 

unite 
French are endeavouring to/inxi±K their Strength, & joyn their hands from 

all their Settlements from Canada & ye ^ay 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 Missi 
sipi to their Interest, cr 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 (112) time, 
they will be able to push ye English in North America into ye Sees, 
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 ma,king 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 

 70 (112) 

vch. would prove of double service ^o is; First it would take away 
that Releif 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 Eiches, and in the next 
place it woud effectually prevent or save us front those Depredations, 
wch. in case of a war, and even in times of peace are too frequently ^ 
made fron thence on ye British Subjects. (113) 

In my return from the Creek Nation, I lay one night at old 
Capt. Rawlins's on Edisto, he seemd to be a men 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 nstion, & 
on my informing him wt. Isaac had acquainted me wth. as above, he told 
ne, 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 Chatshuchee, 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 mesns deserving of ye attention of ye 
English. 

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 (114) a moment longer on this affair, wch. I 
judge of Such importance, not only to this province in particular, but 
to ye British is interest in general in this part of America, that it 
migh ought to be duly considerd by all those that sincerely have that 
interest at heart. 

 71 (114) 

If it be askd wt. Right the English have to possess themselves 
of this Country, I answer, yt. I a.m not Lawyer enough to Determine it, 
a 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 judc;e of, surely his present 
Majty. has Right & power Sufficient to possess wt. his Royal predeces 
sor 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 

(115) 

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. s,s a true Englishman, & a 
hearty lover of my Country, I should extreanly regret Seeing in the 
hands of any other European power; and as ye French at Nev 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 Evila 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. (116) 
I am 

 72 (116) 

Santee July 20 
1736 

Charles Finkney 

Esqr. 

Sir 

Yr. obedt. numb. Servt. 
Will. Drake 

A True Copy 
J. Bradenhop. 

C. C. 

(137) 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 Report of the Committee of the said two Houses 
of Assembly on the l?th day of July last. 

As the carrying on an open and veil regulated Trade with the 
Indians, surrounding the two Provinces of Carolina and Georgia, has by 
many year's Experience &za been found absolutely necessary to the main 
taining 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 Number of His Majesty's Subjects as shall be 
thought sufficient for carrying on the Trade & Commerce of the two 
Provinces with the Indians be licenced from both the Provinces pursuant 

 73 (137) 

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 sR.id Traders ejid 
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 Govern 
ments 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 (138) that all such Dis 
courses shall be in the Name and on the behalf of Hie 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 a.nd impartial Justice, as well to the Tra.ders of one 
Governmt. as the other, and that if any Trader shall commit any Irregu- 
laritys 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. 

3- That for the better obliging the Agent to act as is above 

 74 (133) 

directed, that such Agent or Agents shall be obliged to enter into Bonds 
with His Majesty & take an Oath for the faithfull and due Execution of 
all such matters as shall be committed, to his Charge, agreable thereto. 

6. That any Traders who have veil behaved & who have been here 
tofore licenced to Tra.de 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; and if it should so happen that any Trader from 
Georgia should be licenced 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 or to be 
licenced from do not amount to more in Number than the one 
half of all the Traders which have been usually licenced 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 from Carolina lest otherwise 
Quarrels should arise in the Nations, the Consequences ofshich may not 
only defeat the Design of the Georgian as the Carolina Law calculated 
for preserving Peace and (139) 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 

 73 (139) 

pursuant to the above Propositions be drawn up pjad entered into by the 
Bonble. 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. 

J. Hamerton. 

Ch: Pinkney. 

Oth. Beet. 

(141) 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 l?th of July 1736. 

Gentlemen 

'Twas with Joy I received th& 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 
betvreen 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 Aiisers I give to Your Proposals will be agreable 
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 

 76 (141) 

I can proceed farther without disobeying the Laws of this Province, I 
shall be glad to gratify the Desires of the Genera,! 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 ia absolutely necessary for maintaining Peace and Xxxk Friend 
ship vrith them, end therefore they passed the enclosed Act, and pursuant 
thereto I have licenced 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 to none but those who had been employed 
by Carolina, and I gave to those Traders the same Rules and Instruc 
tions, 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 
by Carolina msy 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 to Trade, I will, upon the same (142) 
appearing unto me, give Orders to the Officers of Georgia, not to 
nolest 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 
will add them to the Instructions of the Georgia Traders. 

 77 (142) 

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 
be appointed; end it is not in cy 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 snd Discourses, to make no Distinction between the two 
Provinces, but to speak in the name and behalf of all his Majesty's 
Subjects. 

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. AncL 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 comnitted. 

3- In answer to your fifth, You will find in the Act the Obliga^- 
tions 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 (143) the Traders which the Government of 
Carolina have licenced, and to what Towns they are licenced. 

7- In answer to your seventh, All the Traders licenced in 
Georgia have given Security for their good Behaviour, and there are 
also in Georgia proper Officers appointed, to preserve the Uing'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 

 73 (143) 

Securities, which will be answerable for their Behaviour. And I doubt 
not but he will take care to prevent any Tracer licenced 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 
Savpjinaa 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 seme, 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 ssid Indian Nations, that they do not molest the Traders in those 
Nations, already there and licenced from Carolina, untill the Boundary 
Lines are settled, or His Majesty's Pleasure known concerning the same. 

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 (144) from Carolina to pass up the same, they delivering 
a Manifest of their Cargo and of the Place or Places to which they ere 
bound in Carolina, upon Oath, to the proper Officer or Officers of 
Savannah, and at the Expence of the Trustees putting an Officer on 
board such Boats, to see the same delivered at the Place or Places 
exprest % in the Manifest. 

 79 (139) 

London 

The following advices are from the Carolina Gazette which we received 
by the way of Bristoll. 

Frederica in Georgia, Augt. 30. 1736 

The Governor of Augustine having acquainted Mr. Ogle&horpe 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 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 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. Helena's Sound; and in case he does not agree 
with Mr. Oglethorpe, he is to go to Charlestoxn with that Message. Mr. 
Oglethorpe and he have had several Conferences on ho?rd the Hawk Sloop. 
Don Antonio has been entertained in a very handsom Manner, and his whole 
Company 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 Purrysburg, 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. 

 80 (157) 

Copy of a Letter from the Revd. Mr. John Wesley to Mr. Vernon dated 
Savannah the llth of September 1736. 

Sir 

You have a just Claim to my repeated acknowledgements not only 
for Continuance of your Regard to my Mother, "but for your Strengthening 
hands and encouraging me not to look "back 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 Chickasews (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 and almost unheard of Nation, if one may judge from the 
accots. given either by their own Country Men or Strangers are hot only 
humble and Teachable (Qualities scarce to be 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 Occurrences 
of Life that they appear the most likely ^ of all the Americans, to 
receive and rejoyce in the Glorious Gospell 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 (158) 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. Sa*vannah alone would givce Constant 

 81 (158) 

Employment for five or Six to Instruct, rebuke and exhort as need 
requires. Neither durst I advise any single Person to take Charge of 
Frederics 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 with there, and doubt not but they were 
sent for my Souls Health. My Hearts Desire for this Place is, Not that 
it msy 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 
Obedient Servant 

(161) 15 Sept. 1736 - Copy of the Revd. Mr. Banjamin Ingham's Letter 

to Sir John Phillipps. 

Hond. Sir 

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 mcongst them. The House 60 foot long and 
15 vide; it will be 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 c?ll Irene, by a Brook Side, 

 82 (161) 

about half a Quarter of a Mile above Tomo Chachee*g Town, where the 
River Savannah divides it self into 3 Streams. This Hill has been made 
some hundred years ago, for what Reason I can't tell; perhaps to per 
petuate 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 it's 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 persweded to let one 
Child learn, yet they now are very willing to ha-ve 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, the Chief of them, (162) was well pleased when he saw the 
Children say their Leseons, and he said perhaps the time is now come 
when all our Children are to be taught Learning. And Molatchee, who is 
next him said, if he had 20 Children he would have them all taught. At 
another time Chickillee said, white Peoples Children behp.ve 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 Hysterias of Christianity. 

Tomo Chachee is lately recovered from a dangerous Sickness, 
wherein their own Doctors gave him up, but it pleased God to restore 

 83 (162) 

him by the Care of Mr. Oglethorpe, through the Prayers of several 
Christians for him. I hope he will live to hear the glad. Tidings of 
the Glorious Gospell, he has been very earnest to promote the School. 
I don't despair of xrngqJEK acquiring their Language, I begin to under 
stand s.little of it, and I hope through the Preyers of my good Friends 
in England, I shall be 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 desr 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 (163) some more of the Moravian Brethren from Hernhuth, for they 
are not only the most usefull 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 Hr. Thorold, and all our good Friends st 
London. Forget not to exhort a.id provoke one another to Love and good 

 84 (163) 

Works, and be the More earliest, as You see the Day approaching. Watch, 
Strive and Prpy, and especially for 

Your very weak yet Affectionate 

Savannah Brother in Jesus Christ. 
15th. Sept. 1736. 

(165) Charleston, Sept. 18 1736 

A few days since arrived in this town John Gg,rdner, In&ipn Trader, 
lawfully licensed by this Government for to trade in the Town of Tunasea, 
upon the Missisippi River, (being one of the most Northermost Towns in 
the upper Cherokees, end 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 s?id Town, he had his Store broke open, 
his Goods and Skins ransacked, Seized, and taken from him, and 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 
s&id Gardner, and by force and violence carried away his Good and Skins 
to the value of above 3000 L at the same time ordering and commanding 
him the said Gardner to depart out of the Cherokee Ration in four days, 
or else he should be carryd Prisoner down to Georgia, producing a Com 
mission under the hand & Seal of the Honble. Jemes Oglethorp 3sq. for so 
doing; the llth of August he accordingly left Tunasea, aJid arrived at 
New Windsor (alias Savana Town on Savsna river) the 26, left that the 
28 of the said month, and arriv'd in Charlestown the 3<3- of September 
17j6. By further advices of letters dated the 2d inst, at the Cherokee, 

 85 (163) 

from Joseph Griffin another Trader lawfully licensed from the Govern 
ment, we are informed that he with a Cargo of about the Same Value, hath 
undergone the Same fate, a.ad lost every thing he had, by the said Georgia 
^ People who threatned to "bind him, & carry him Prisoner to Georgia, 
because he would not Consent to sell his horses Of go with them. 

(1?C) Copy of an Anonimous Letter dated the 20 Septr. 1736 

Don Antonio de An ArrecLondo the Spanish Commissary demanded of 
Mr. Oglethorpe that the English should evacuate all they stand possest 
of as far as St. Helena Sound the Spaniards having formerly hpd Forts 
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 Eii^lish having formerly had posession as far as 
that Latitude Sir Francis Drake having be Queen Elizabeths orders taken 
Augustine after many Conferences Don Antonio de Arredondo agreed that 
on the withdrawing the Garrison from the Island St. SascKgit George, the 
said Island should remain unposseet 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 3nglish and Spanish Courts 
should be known and all other Claims be deferred till their determina 
tion Don Antonio and the other Spanish Gentlemen with him took leave of 
Mr. Oglethorpe mpking greet 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 Derien & marked out 

 86 (170) 

the Fortifications for that Place, and ordered a Church School house 
and Guard House to be built. Whilst he was there Captn. Mackperson 
arrived with a Drove of Cattel which he had brought all the way over 
Land from South Carolina. This has Caused great Joy in sll our Settle 
ments to find (l?l) the Conuaunicetion for Cattel by Land opened, whereby 
these Southern Settlements will be Supplied with Milk and fresh provi 
sions of which they they have hitherto stood in great need. 

(173) Translation of Monsieur Geraldino's Letter to the Duke of 
Newcastle. 

31., Sept., . 
London 2. Octr. ^'^° 

My Lord 

The ^ing my Master had the greatest Reason to expect, from what 
I had the honour of hearing insinuated by His Britannick Majesty's 
Ministers in September 1735 before Mr. Oglethorpe's Departure, thpt his 
Voyage to the Province called Carolina, would hpve been so far from 
being able to produce any Effect contrary to the Treatys 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 Eis Majesty; But contrary 
to these Expectations the Governour of St. Augustin, the Capitol City 
of the abovesaid 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 a Design, had the 

 8? (173) 

Mortification to see a Fortress (situated in the Territorys of His 
Majesty eight Leagues distant from St. Augustin) attacked by the Inhabi 
tants of the new Colony called Georgia on the 3&* °- March last, and 
that ffter they had killed a Soldier belonging to the Spaniards, who 
defended it, they cut his Head off, and carried it sway with them in 
triumph; After which the said Inhabitants of Georgia had built a Fort 
upon the Territorys of the Sovereignty of Florida, 25 Leagues to the 
Northward of St. Augustin at the Entrance of the River of St. Simon, 
in which they had put a Garrison for its Defence; notwithstanding that 
formerly the Inhabitants of Carolina, who had bu&Lt a Fort in the same 
(174) place, caused it to be demolished by Order of the Court of England 
at the Request of That of Spain. 

The Governour of St. Augustin having given the King an Account 
of the abovesaid Encroachments, has likewise mentioned, that he had just 
received Advices from his Lieutenant, who resides in the Fort of St. 
Mark in the Province of Apalache, that the Indians of the Provinces of 
Uchisses and Talapuzes, Subjects of His Majesty, had complained, that 
the English were then employed in building a Fort on the Territorys of 
His Majesty, which are inhabited by the abovesaid Uchissese Indians, 
and that they had even given out, that they intended to build another on 
the Territorys of the Talapuze Indians to the North West of St. Augustin, 
and that another Party of 300 English had appealed on the Frontiers of 
the said Province, and that having s^t 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 

 88 

were resolved to demolish the Fort of St. Mark, and afterwards to 
besiege St. Augustin, 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 Majesty, 
that such a Behaviour in the Inhabitants of Georgia looks rather like 
an Inclination to interrupt the Peace & (175) good Intelligence happily 
subsisting between the two Crowns than to settle their Duration. And 
ss the Facts are glaring of themselves, and can't fail to strike the 
Mind of His Britannick 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 Majesty, 
according to the Accot. given by the Gov&rnour of St. Augustin; To 
which I must add, that the Colony of Carolina being situated in 32 
Degrees of Latitude and 2$4^ of Longitude, and that the Colony of 
Georgia being to the Southward of the other, That of Georgia is without 
dispute on the Territorys of the King toy Master; And even the former, 
according to the Treaty of Pe^ce in 1670 by the 7th Article of which, 
the Limits were settled precisely for the seid Province and That of 
Florida at 33 Degrees and 50 Minutes of Latitude and 339 Degrees and 20 
Minutes of Longitude, the* 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 Eeign of Charles the second of glorious memory, 
the King my Master hopes, and does not doubt but that His Britannick 

 8? (173) 

His 
Majesty, by an effect of His Uprightness and Justice, upon/iixix "being 

informed of what I hpve the honour to communicate to Your Excellency, 
will immediately give Orders to cause the Inhabitants of Georgip to be 
punished, who shall appear to have been guilty of interrupting the 
Peace between the t's'O Nation?, and that Observance (176) be paid to the 
Limits which hpve been settled between the two Crowns, and that the Forts 
which heve been built on the Territorys in the Demarcation of Florida 
be immediately demolished. This is what I beg Your Excellency to 
represent to His Britannick Majesty, end to let me know His Eoysl 
Resolution. 

I have the Honour to be &c. 

Thomas Gersldino. 

(177) Letter^ from his Grace the Duke of Newcastle to the Trustees. 

Whitehall Sept. 2?th. 1736. 

Gentlemen 

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 
upon. 

 90 (177) 

I am 

Gentlemen 

Your most obedient humble Servant 
Holies Newcastle. 

(179) Letter from the Lords Commissioners for Trade and Plantations to 

the Trustees. 

Gentlemen 

Her Majesty having been pleased to refer to sy Dords Commis 
sioners for Trade and Plantations a Letter to the Duke of Newcastle from 
Honsr. Geraldino Agent for the King of Spain here, containing several 
Complaints against the Inhabitants of the Colony of Georgia; I am com 
manded by their Lordships to send you the inclosed Copy of the said 
Letter, and to acquaint you, that ny Lords are desirous of speaking 
with you upon this Subject, on Wednesday morning next at Eleven o'Clock. 

I am 

Gentlemen 

Your most humble Servant 
Whitehall ) 

) Alured Popple. 
Septr. 30th. 1736 ) 

(193) Trustees Meal, to the Queen. 20 Oct. 736 

To the Queen's Most Excellent Majesty Guardian of Great Britain; 
and His Majesty's Lieutenant within the same. 

 91 (193) 

May it please Your Majesty 

In Obedience to Your Majesty's Pleasure signified to us by his 
Grace the Duke of Newcastle the 2?th 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 Terri- 
torys of the King of Spain eight Leagues distant from St. Augustin) 
said to be attacked by the Inhabitants of Georgi? the 3&- of March 
last; and that after they had killed a Soldier belonging to the Span 
iards, who defended it, they cut his Se^d 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 Indians, in Revenge for a most 
unheard of and Outragious Injury acted by some Spaniards or Spanish 
Indians; who had killed soue Indian Women and Children & tvo Men, and 
after most wickedly abusing another Indien Woman, had burnt her alive. 

As to the next Complaint in Monsr. Geraldino's Letter of re 
building a. Fort which he plledges had been formerly demolished by Order 
of the Court (1$4) of England, at the Request of the Court of Spain. 

Tine Trustees most humbly Observe to Your Majesty; That the Spanish 
Minister has been very much misinformed; For that the said Fort having 

 52 (194) 

been left "by the Independent Company, without the Consent or Knowledge 
of His Majesty, was ordered to "be rebuilt by an Instruction from His 
Majesty to the late Governour Johnson. 

As to the Advices in Monsr. Geraldino's Letter mentioned to have 
been received from the Lieutenant of the Fort of St. Hark in the Pro 
vince of Apalache, That the Indians of the Provinces of Uchisseg and 
Talepuzes Subjects of the King of Spain, had complained, that the 
English were then employed in building a Fort on the Territorys 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 of the Tplepuze Indians to the North Vest of St. Augustin. 

The Trustees most Humbly represent to your Majesty That they 
never gave any Directions for any Settlement to be made or Forst to be 
built but within the Limits of the Province of Georgia, as described by 
His Majesty's Host Gracious Charter. And That if the said Uchissese or 
Talapuze Indians inhabit within the same; they undoubtedly are within 
His Majesty's Doainions, and ought by no means to be Stiled Subjects of 
the King of Spain. 

And as to the further Complaint That another Party of 300 English 
had appeared on the Frontiers of the Province of Apaleche, and that 
having set up a Standard of War in a Town of Indians called Apalachicolo, 
they had (l?5) Summoned the chief Town of the abovesaid Province, called 
Cavetp, to join them in order to make War against the Spaniards; ac 
quainting them at the same time, that they were resolved to demolish the 
Fort of St. Mark, & afterwards to besiege St. Augustin. 

The Trustees Most Humbly represent to Your Majesty, That they 

 93 (193) 

have always had it at he&rt in the making their several Settlements, to 
avoid pll occasions of Contest with the Neighbouring Nations in Alliance 
with the Crown of Great Britain. And do not believe that any of their 
People c?n 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 Spain's 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 
referred to by Monsr. Geraldino, any thing contrary thereunto. 

All which is Most Humbly Submitted by Your Majesty's 
Most Dutifull end Obedient Subjects and Servants, the 
Trustees for establishing the Colony of Georgia in 
America. 

Signed by Order of the s?id Trustees this 20th 
day of October 1736. 

Benjamin Martyn Sectary. 

(1$7) 22 Oct. 1736 Treaty concluded wth. the Govr. of Fort Augustin 

To Charles Dempsey Esqr. 
I having Km empowered You by Procuration dated the 23d. of June 

 94 (197) 

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 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 of St. Augustine as 
also a Message from His Excellency Don Juan Francisco Geumes de Horcas- 
it?s Major General in His Catholick Majesty's Service Captain General 
of the Island of Cubo snd Governour of Havanneh by Don Antonio de 
Arredondo, they "both impowering him to Treat concerning the said matters, 
I do hereby impower, constitute and appoint You to Treat, Conclude and 
Sign the following Articles and deliver the seme unto the Governour & 
Council of St. Augustine; they Signing, Sealing and Interchanging the 
said Articles. 

First that his Excellency the Governour 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 Eis 
Catholick Majesty. 

Secondly that in respect of the Nations of Free Indians called 
Creeks I will use my utmost amicable Endeavours upon any reasonable 
Satisfaction given them, to prevail with them to Abstain from any 
Hostilities whatsoever with the Subjects of His Catholick Majesty. 

Thirdly That with respect to the Fort built on the Island of 
St. George, I will drew off that Garrison together with the Artillery 
and all other things by me posted there Provided that none of His 

 95 (197) 

Catholick Mg.jesty*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 Majesty hath upon this Continent, 
"but that His Right (198) shall remain to the said Island and to all 
other Places whatsoever as if the said Garrison had never been with 
drawn, and the ssid Garrison shall withdraw within 14 days after the 
Ratification of these Articles. 

Fourthly I will agree with His Bxcellency the Governour of St. 
Augustine and the Council of Mar That His Britainick Majesty's Subjects 
under nay Command, shall not molest in any manner whatsoever any of his 
Catholick Majesty's Subjects gt Provided that his Catholick Majesty's 
Subjects do not molest any of his Britainick Majesty's Subjects nor his 
Allies. 

Fifthly that concerning any Differences that h^-ve 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 
Subject. 

Lastly that no Person shall be received by any Garrison in 
either Government without a Passport from the Governour to whom such 
Persons belong. 

Given under my Hand and Seal at Frederica in 
Georgia the 2?th. dsy of September 17?6. 

 96 (198) 

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 Yecii- of our Lord 1736. 
I do hereby Confirm and. Ratify the above Articles with his Excellency 
Don Francisco del Moral SpRches Villegas Captain General and Governor 
of St. Augustine of Florida, and with the Council of War of said Gerri- 
son of St. Augustine, as witness my Hand and Seal this Twenty sixth day 
of October 1736. (199) 

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 Infentry, 
Don Francisco del Moral Sanches xxi±HgaoE Villegas Governour and Captain 

General of S^****lni-W-TrtTy^AT-^^hrsnrt^nw^t^T^TrMarT^S^ShrTsnylsr^ 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 3sqr. from His Excel 
lency James Oglethorpe Esqr. and. the s^id Articles have been heard 
and understood seperately 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 Majesty in the Province of 
Georgia and all others under the Command of His Excellency James Ogle 
thorpe Esqr., as well as for the Quiet and Safety of the Province in 
habited by Indians, Infidels and Savages which continually doth offend 

 97 (199) 

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 Eis Catholick Majesty our Master and. 
the Antiquated Dominions and true Right he h?th to the Lands & Dominions 
which are this day peopled and fortified by His Excellency James Ogle- 
thorpe Esqr. alledgln^ that they do belong to the most Serene King of 
Great Britain his Master pnd that by no means whatsoever there shall be 
nor caused to be 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 Eis Excellency James O^lethorpe Egqy. in his five 
Articles, we Give for Answer a.nd Agree to them as follows. 

First. Thpt I the Governour and Captain General of St. Augustine 
in Florida and the Provinces thereof will Subordinate and Restrain the 
Subjects and Tp.ssals of the King ny Master, as well Spaniards as 
Indians, from committing any Hostilities against (200) the Subjects of 
the King of Great Britain and that the s*^.e shall be reciprocally 
practised ty 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 h?ve already had Satisfaction once twice and thrice 
insomuch that the Cassicue Pojoy were Banished froa hence for having 
used them ill and been the first Agressors and Homicides. 

 $8 (200) 

it 

Thirdly, lhat/is further agreed in this Ratification as pro 
posed That the Island of St. George which we call St. John shall be 
dispeopled in the Space of fourteen days and the Forb built thereon 
destroyed with the Ditches and Pallisadoes 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/ 

His 
It being understood that none of/iixix Britainick 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 
Majesty reciprocally thereto and without any Prejudice to the Rights of 
the King our Master to the said Island and also to all others and the 
main Land that Your Excellency has peopled whicL shall not on any 
Cause whatsoever be taken from us as well Islands as the main Land held 
by the Cutholick Eing our Master without for this Reason they be taken 
from him If the Serene King of Great Britain h?th ?ny 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 which we have in the said River of St. John and they h?ve 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 Expressed in this and the foregoing Articles. 

Fourthly. That all this Assembly doth likewise Agree in Con 
formity That the Subjects of His (201) Catholick Majesty shall not 
molest the Subjects of His Briteinick Hajesty which are under the 
Government of His Excellency James Cglethorpe Esqr. who is also to 

 99 

Restrain the Subjects of His Britainick Majesty from molesting enraging 
and abusing the Subjects of his Catholick Majesty & his Allies to which 
and in the seme 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 
Doainions 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 shpll resolve and Determine them and by this means the 
Subjects of the one and the other Crown with this Equal Ballance will 
remain in a profound Peace and a Loving & amicable Correspondence end 
without molesting each other in a.ny ways or manner whatsoever till the 
two Respective Courts shall have Determin'd this matter. 

Sixthly. Thf.t as to what Concerns this Government and Captain 
General and all his Jurisdictions It shall be Practised That no Person 
whatsoever shall pass from those of His Excellency James Oglethorpe 
Esqr. unless they bring a. Licence or Passport, and th& same Correspon 
dence we hope will be observed by His Excellency or the Person that may 
Succeed him, and in this last Article We ^ Confirm end Ratify anew the 
five foregoing Articles compleat as they in the Clauses and Expressions 
shall be for the warranting and better RstKKJoc Security thereof We the 
Assembly and every one for himself of which it Consists do Confirm Oblige 
and Ratify the foregoing Contents and as President of the spid Assembly 
Governour and Ceptain General of this Government of St. Augustine in 
Florida and the Provinces thereof His Excellency Don Francisco del 
Moral Ssnches Villegas doth Affirm and Ratify ss it is Affirmed and 
Ratified and with the aforesaid Assembly he Signed and Sealed the same, 

 100 (201) 

"hich I attest. Don Francisco del Moral Sanches Don Francisco Menen- 
tLes Marques, (202) Don Salbador Garcia 7illegas, Ignacio Rodrigu.es 
Rose, Diego Fablo de Escoba, Luis Rod:^igo, Sebastian Lopez de Toledo, 
Pedro Ramoz, Don Raumaldo Ruig del Moral, Melehor Gonsalez, Francisco 
Navarre, Bles Medrano, Fedro Joseph de Ortiga, Thomas Balderama, 
Laurentio Joseph de Leon, Manuel Olorruitiner, Manuel Garcia, Manuel 
Gonselez de Arza, Juan de Itta, before me Barttolomi Nietto Notary 
Fublick to the Go?ernmt. 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 to the Government and 
War, the Ensign Barttolomi Nietto, His Excellency the Governour and 
Captain General Don Francisco del Moral Sanches Villegas and Charles 
Dempsey Esqr. impovered 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 on the Twenty second of May of the 
same Year & others of the same Tenour and Purport on the Twenty third 
of June relating thereto and all by the hands of the aforesaid Esqr. 
Rag: Dempsey Solliciting and Procuring a good Harmony, Friendship and 
Correspondence with the said Governour of St. Augustine in Florida and 
the Council of WaT who with His Excellency the Governour 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 

 * 

101 (202) 

said Power Given Sign'd and Sealed to Confer Treat and Adjust by virtue 
thereof the Ayticles of good Harmony, Friendship and Correspondence 
between the Subjects and Vassalls as Allies of His most Serene Britain- 
ick Majesty with the Subjects and (203) Vassalls of His Catholick 
Majesty King of the two Spains my Master. We have Agreed and Deter- 
min'd to Sign and Ratify the Covenant of good. Harmony, Friendship end 
Correspondence propos'd on the one part Hie 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 hipgself 
in the same manner and under the same Articles proposed for the said 
Governor and Council of War That He will Comply with what is Expressed 
therein within the limitted time Assigned by His Excellency James Ogle 
thorpe Esqr. as well as by His Excellency the Governour and the Assem 
bly which he confirms and obliges himself by his word of Honour Provided 
no unforeseen Accident or Death do hinder him & the said Governour Don 
Francisco del Moral under the same Circumstances and on his Word of 
Honour and Faith obliges himself reciprocally to agree to the same and 
in pursuance thereof the aforesaid tvo Gentlemen Don Carlos Dempsey and 
Don Francisco del Moral hath Signed before me which I attest. Don 
Francisco del Moral Sanches, Don Cprlos Dempsey, before me 
Barttolome Nietto Notary Publick to the Government and War. 
It agrees with the Assembly of Wsr & Acceptation of the Articles of good 
Friendship and Correspondency aforesaid mentioned Which Originals before 
me passed, KKz vere delivered to His Excellency the Govr. and Captain 
General That the spme may appepr By his Command I grant this Present in 

 102 (203) 

St. Augustine of Florida on the 26th of October of this year One thous 
and Seven hundred & thirty six written in nine Pages with this I under 
write, in Truth whereof I do Sign. 

In Testimony of Truth 

Barme. Nietto Notary Publick of 
the Governmt. and War 

(205) 1 Nov. 1736 From the American Ueekly Mercury. 

Philadelphia. 

The Sloop Frederics, John 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 thpt there is a 
very good understanding between the Spaniards and the English: That the 
furthest English Settlement lies in the Latitude of 30 deg. 30 min. 
the Town of Frederica in 3! 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 8 
Fort with 4 Bastions; one large Store House three Stories high, & 

 103 (205) 

another Building, the Timber being all ready on the Spot for that 
purpose. 

By a Letter to a Gentleman in this City from one in Georgia, 
dated Frederica Octor. 29-, we hpve 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 
"Signed (206) 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 whet he could have wished, Ee is now returning to England, 
"having fix'd his People, and secured them against both Want and 
"enemies; he sails in a Fortnight. 

(213) Abstract of a Letter from Joseph Cannon to Henry Flitcroft Esqr. 

Free*erica in Georgia 
November 8th. 1736. 

This Islsnd 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 p 
fine River where e Ship of 300 Tuns may come up. On the South End is 
a fine Inlet of the Ses, 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 17o. End is another fine Inlet of the Ses. Here are 

 104 

about 50 Families in this Totm, the Town is laid out for 500 Families. 
The Island is pretty thick of *?&od, 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 
Buffalo at a. time. Here are a great many Wild fowl here such as Tag: 
Turkeys, Geese, Ducks & other Wild fowl and abundance of fine Fish but 
we having no time at present for vant of getting an Souse 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 1 hundred 
Bushels at a time. H' Father and a& 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 (214) and covered them with Palmeto Leaves. We have built us a 
little Room with sotte Boards that we Sawed, and built us a Chimney in 
it with Clay. We have cleai-'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 a.nd Sowed 
it with almost all sorts of English Grrden Seeds, which grow very well 
so that we are the forwsrdest 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. Hy Father was talking of getting 10 Hen with him 
self to agree to fence $&ound their great Lots which are laid out in 
Ty things end he and 9 more have agreed to do the seme, and to put some 
Cattle in, and to begin the 1st of Janry. And the Esqr. has given them 
a Grant for the ssme. 

 105 (217) 

My Lord 

I return Your Lordship Blanks for the Account of Caroline which 
You favour'd me with sometime since. I lookd it over soon after I 
received it. Many Tilings are true in it, and many f^lse. 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 3are. I wish we had 
fewer Men so we had more Christians in it: And yet there are more who 
desire and Endeavour to be Christians than I ever found in any Town of 
the same size in England. M?y the Good God, who hath so wonderfully 
prospered Your Undertakings hitherto, give to You and all who joyn with 
You in this Glorious Work a constant Care to advance (whatever else be 
advanced or hindred ) the Knowledge & love of him and of his Christ! 
I am 

Hy Lord 

Your Lordship's most Obedt. Servt. 

Savannah John Wesley 
Novr. 12. 1736. 

(223) 23 March 1737 

Extract of a letter froia Mr. &&x Samuel 
Eveleigh, Mercht, at Charles Town in South 
Carolina, to his Correspondent in London, dat. 
at Charles-town ye 23 March 1737. 

 106 (225) 

A Sloop arrived here froa Providence, & brought a large pacquet 
from that Governor to ours, after having been read they were sent to 
Capt. Wyndham who commands his Majesty's Ships here: together vith 
five affidavids made before Govr. Fitzwilllems at Providence by five 
English men, who had been lately prisoners at ye Havsnnah, & were 
newly arrived there. These letters confirmed ye accounts of ye pre 
parations of ye Spaniards, at ye Havanah against this Province. 

Ce.pt. Dunbar three days since came to town from Georgia, where 
he had been at ye Towns of darien, (226) Fpederica, & Savannah, & 
gives an account that they are at nil those places very veil pre 
pared, & 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 end compleated, 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 wps arrived 
there, & that two more were expected wth. 1200 Soldiers. They brought 
with them several warlike necessaries, particularly some SKC.11 mortars; 
That they have a design to make a third attack upon ye Chickesaws, 
with 2000 white men, &4000 Chocktpws. An Acct. of (22?) this 3sxxgn 
design ha's 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 coning. 

Chickesahs have for a long time past been going to war con 
stantly against ye Chocktaws, and h?ve killed vast numbers of them wch. 

 13? (22?) 

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 be the stoutest Indians upon the Main. The officers amongst 
ye French dread ye going to wp.r against them; & say they dont under 
stand Bush-(228)fighting. 

The Soldiers that are now arrived & expected, are all Roman- 
Cetholicks, & ye few Switzers that are there, that are Protestants, are 
ordered home, & there to be discharged. 

A Gentleman whose name is Terascoe, & a friend to ye English, 
is KxscxxJt 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 Hoville, where they were burnt after a 
cruel & barbarous manner. One of them was a boy, of about 10 or 11 
years old. 

(229) 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'tL 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. 

 108 (233) 

London Wednesday May 4. 173? 

The Traders to Carolina have for a considerable Time "been 
under uneasiness occasion'd by Rumours of an intended Invasion, or 
Attack on Georgia and that Province, by the Spaniards of St. Augistines, 
the Havsnah &c but as nothing thereof was attempted to the middle of 
March, 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. 

(234) The certain Advices from the Hsvannah, 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 would be laid on 
in a few days. The advice which was a few days before I seild, con 
firm 'd the former of the Spaniards arming at the Havanah, & that they 
only waited for the Barlo Vento Squadron, to strengthen their Ilaval 
force with two or three men of War: they are to carry six hundred 
Troops from thence to joyn an equal number at St. Augustines, besides 
Volunteers. &c. And on Receipt of those said Advices, there were 

Expresses dispatchd by the Governour and Council, to their Agents in 

800 
the Creek and other Indian Nations (235) to endeavour to rsise/^RR of 

them: 500 to be sent to Georgia,, and orders to others to buy Rice and 
Corn for Provisions for them. 

Notwithstanding the Indifferency the Generality of the Inhabi 
tants of Carolina affect, yet I am well assured that the Thinking part 

 109 (235) 

of them are very much concern*d at their present situation in several 
Respects; and they have Reason to beleive, 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 (236) jealous that some of them know 
it; for s few days before I saild, 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. 

(237) Copy Tho. Wiggan's written acct. referrd to in Mr. Causton's 
Journal ye 25 June. 

May 21. 1737- 

Memorandum — of an accident yt. happend in ye Cursitaw's Town 
between a Mare yt. was ty'd 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 plsy 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 xmamiiNg shooting 

 no (237) 

at a Mark, when some boys cry'd out, yt. a man had shot a Horse: My 
self, Mr. Alien, & 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 seised 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 i^M^f? 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: argaing 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 heed 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 tslkd 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 

 Ill (no number) 

me as he did., wch. he thinking it had been over <& ye people going to 
play at Ball, he askd me to ^o wth. him, wch. I told him nobody went to 
see Ball plays but vhen their Hearts wes etreight; he said it was very 
is 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, t&kee my Gun, & Shott 
pantx pouch, & sets off for the lower town. I hed got about 2 Hi*!es 
from ye hoase, & e 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 Ohihaws ye same day, where I 
soon heard ye head man had a meeting here aboat some Oherokees 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 cou'd not help wt. ye Colt had done, but it happend very well 
yt. ye head men of ye lower town was here, & he wou'd go & let 'em 
know of it. Biiick being in ye Cursitaws, knowing ye man & his brother 
to be great men, & very cross, (238) 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, vch. 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 shou'd be very sorry to hear I shou'd die 

by sickness, much more to be killd in their Nation, he knowing the 

so 
Govr. & head men valued me/jm much yt. it wou'd be ye dreadfull'st 

thing yt. ever he Seed. While we was a talking, ye head sen of 

 112 (238) 

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 Cursitaws ye 
next day. They dlspatchd 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 cou*d not find where I was to blame about it, 
but ye man himself could not say much for grief. The next morning about 
9 o Clock, ye man returnd to ye Square, where the Head man was, & they 
sent for me to hear what they gpid. They told me that (239) the Head 
man of the Cursitaws & Cursitaws was under the s&se concern as they 
was, and yt. v^ --n ^<^ o-r.^iro ^Mi. ye Halations of ye Child, A yt. they 
told him that they nould not see where I was ^^* to blc-me, 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 thst his Child was out of hig Sight, 
& he hoped he should forget it. The head Ken 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 (240) ye articles 
of concerning, yt. if any white man shou'd do any mischiefs to any red 

 11 

man, or any red msn to us; they said it woud be a cLreatLfull thing to 
them if so be I hpc. been killd, vch. they told me they woud not leave 
me 'till all was made safe, vch. they thought was, & so we took 
leave.