USA > Georgia > Colonial Records of the State of Georgia, Volume X > Part 41
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GOVERNOR AND COUNCIL
ised by the Head Men in general, well knowing that it could answer no good End or Purpose; and that a few People unauthorised could have no Right or Pretence to negotiate or settle any Matters of Consequence between the white and red People, and that consequently instead of proving of any Benefit or Advantage it would be attended with Difficulties and Inconveniencies - With Respect to the Superintendant's Conversation with you relative to your Disputes or War with the Chicasaws and Choctaws, it is a Matter he did not consult me upon but whatever my Friends may look upon as for their Advantage and Happiness will always give me Pleasure. - And with Respect to the Superintendant ordering Cattle to be drove to Pensacola I know nothing of it, nor can I positively say what was his Reason for desir- ing that no other Cattle might be allowed to be drove through your Countrey to Pensacola till his were first carried thither, unless, as he knew there was a great Scarcity of Cattle there, he thought if private Persons who might drive Cattle there for mere Lucre should get there first, they would impose upon the People, take Advantage of their Necessity, and make them pay an extravagant Price for them - Whereas if his Cattle got there first he and his Friends would be supplied at a moderate Price, and not be obliged to purchase at an extravagant Rate from those who might carry Cattle there in the Way of Trade. - I know nothing of M' Galphin driving any Cattle through your Countrey to West Florida, but presume the Governour of that Prov- ince might be in want of Cattle and purchase them from M' Galphin in this Province, but to be delivered at Pensa- cola, or M" Galphin who is a general Trader might send them there in the Way of Trade, and expecting to get a good Price for them as they have not as yet got inany Stocks of Cattle in that Countrey.
575
SEPTEMBER, 1768.
I very well remember the Congress at Augusta in November 1763, at which I presided, and had the Pleas- ure of seeing you; and I cannot forget the several Mat- ters that were settled and agreed upon at that Congress, because the whole was then reduced to Writing, and signed by all the Governours, and the Superintendant, and also by the Head Men of the Indians then present. and which I have now here in Print; and by which it was agreed that to prevent Mistakes Doubts and Dis- putes for the Future, the Boundary between the English Settlements and the Lands and Hunting Grounds of the Indians should be known and settled by a Line extending up Savannah River to little River, and back to the Fork of little River; and from the Fork of little River to the Ends of the south Branch of Briar Creek; and down that Branch to the lower Creek Path; and along the lower Creek Path to the main Stream of Ogechee River . and down the main Stream of that River just below the Path leading from Mount Pleasant; and from thence in a strait Line cross to Sancta Sevilla on the Alatamaha River; and from thence to the southward as far as Georgia extends or may be extended; to remain to be regulated agreeable to former Treaties: And his Maj- esty having since settled the Boundary between this Province and East Florida to be the River St Mary, at a Congress held at Picolata, in the Province of East Florida, by Governour Grant and the Superintendant, with a Number of Indians, on the 18th of November 1765, all the Head Men then present impowered Captain Alleck to settle a new lower Line cross from Ogechee to the Alatamaha and from thence to St Mary's: and accordingly Captain Alleck came here and in January 1766 the Line was settled and agreed as follows, vizt, That for the future the Boundary Line between the Eng- lish Settlements in this Province and the Hunting Grounds of the Creek Indians shall be known and settled
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GOVERNOR AND COUNCIL
by a Line from that Part of great Ogechee River where the lower Trading Path leading from Mount Pleasant on Savannah River to the lower Creek Nation crosses the said River Ogechee, in a strait Line cross the Coun- trey to that Part of the River Alatamaha opposite to Phenholloway or Turkey Creek; and that a Line shall be continued from the said Creek cross the Countrey to the River St Mary on a Southwest Course, which it is supposed will extend as far up the said River as the Tide flows or swells. - And I sent up a Copy of this Agreement by Captain Alleck, that he might show it to the Head Men, and that they might see what he had done, and I received an Answer that it was Right. - And this I look upon and strictly observe and regard as the Boundary Line between Us- And I want no more Land of the Indians, but am very well satisfied with what we have; and I don't believe there is a single Settlement or Hut above this Line - It has frequently been reported by Indians that the white People had set- tled over the Line, but on my sending to examine I was always informed by the People I sent that it was not true - However in Order to prevent Mistakes, and that every Body both white and red might know where the Line is, where there is no River or natural Land Mark, I sent a Talk about a Year and half ago desiring that the red People would send down such Persons as they thought proper to see the Trees marked; and accord- ingly the Beginning of June last, the Coweta Lieutenant, Selechee, the Blue Salt, and some others were sent down to see it done. - And M' Galphin M' Barnard with a Surveyer and some other white People went up little River, and, as I have been informed both by them and the above Indians who came down to me, they did mark the Line cross from Little River to great Ogechee to the sat- isfaction of both the white People and the Indians that were present : and it has also been marked from the lower
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SEPTEMBER, 1768.
trading Path aforesaid at Ogechee cross to Coonochee River, where some Mistake happening they stopt and pro- ceeded no further, but went home : Upon which I sent up a Talk and have received an Answer that they will send down some of their principal Head Men the latter End of this Month to see it finished; and have since proposed to them by another Talk that it should be intirely fin- ished cross from Coonochee to the River S Mary,. which is the Boundary between this Province and East Florida; and have sent them a Sketch of the Line as I understand it is to be marked, that they may see it and know every Thing clearly before they come down: and there being two very large Goose Ponds just above the Place where by the Treaty the Line should run, and as those Ponds on Account of the Grass and Water will be very useful to the white People for their Cattle, there- fore I have proposed and submitted it to the (sic) whether on Account of the Cattle always getting Water in the Goose Ponds they will agree to vary the Line a little, as marked upon the Paper sent them, and now shewn to you, so as just to take in those Ponds: and the Trifle of Land that will be taken in by the proposed Alteration is not fit to plant or wor (sie) one Shilling but on Account of the Grass and Water as I have men- tioned, it being all low good for nothing Pine barren. - And in Respect of your Apprehension of some Error in the upper Line cross from little River to Ogechee, as you cannot find any Body who can give you a tolerable Ac- count of it and therefore supposed they had lost them- selves in the Woods or else they would have run a strait Course, and not have traversed as you suppose they did ; I will give you the fullest Satisfaction and Explanation about it that is in my Power to do; and shall acquaint you with the whole Matter as far as I know. On my being informed that the Indians would be down by the Beginning of June to see the Line marked I wrote to 37 cr-v>1 10
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GOVERNOR AND COUNCIL
M' Galphin who I knew the Indians were well acquainted with, and who was their Friend; and also to M' Bar- nard of Augusta, who many of you likewise know; and desired them when the Indians should come, to meet them and see that they were well taken Care of, and then to join them, and M' Mackintosh the Superintendant's Deputy, and to proceed to the Fork of little River and mark the Line cross from thence to Ogechee River agree- able to the Treaty of Augusta ; and gave them particular Instructions to be careful not to have any Difference or Dispute with the Indians, and that if the Line could not "be run exactly agreeable to the Words of the Treaty then to get it done as nearly to it as they could. - And those Gentlemen after the Business was over and finished wrote me that the Indians had entertained a different Notion or Idea of the Fork of little River from what we did; for they supposed the Fork to be at a Place called Upton's Creek, but on the Matter being talked over amongst them and explained they were satisfied of the Mistake and that Upton's Creek was not the Fork, and therefore proceeded further up the River but at length stopped at a Creek called Williams's Creek about six Miles below the real Fork and insisted on the Line be- ginning there and being marked cross from that Place to Ogechee River: Which to avoid Disputes they agreed to according to my Directions. That they proceeded up that Creek, as the Line, for about six or seven Miles 'till they came to an old hunting Path, and then at the Re- quest of the Indians they marked the Line along that Hunting Path 'till they came to the main Branch of Upton's Creek; and then followed Upton's Creek as the Line 'till they came near to the End of the south Branch of Briar Creek, and then turned down that Branch of Bryar Creek 'till they came to the lower Creek Path, and then followed that Path to the main Stream of Oge- chee exactly agreeable to the Treaty of Augusta. - So
579
SEPTEMBER, 1768.
that the whole appears to me to be agreeable to that Treaty except our beginning to mark the Line from little River about six or seven Miles below or short of the real Fork of little River, which is rather against Us than in Favour of Us, as I shall shew you by the Sur- veyer's Draught of the Lines: and we do not know of any Indian or Indians that have taken upon them to give up any Lands to the white People other than agreeable to the Treaty, nor would I accept of any but from the Nation; and this you may clearly see by my applying to the Nation to consent to take in that trifling Piece of good for nothing Pine barren the Goose Ponds. - And you must now see that agreeable to the Treaty it was impossible to run a strait Line from the Fork of little River to Ogechee, for by the express words of that Treaty it appears that there was to be several Bends and Turnings in it as thereby described, and you now see by the Plot; and as the Line is now marked, there are natural Land Marks of Creeks and Paths the whole Way; and all of it from Upton's Creek to great Ogethee River is expressly agreeable to the Treaty. - but that Part of the Land from little River to Upton's Creek could not be exactly agreeable to the Treaty because the Indians insisted on beginning six or seven Miles below, and before they came to the real Fork; and which is a Circumstance rather in favour of the Indians than the white People as you see by the Plot: but however I am perfectly satisfied with the Land as it is marked, I want no more, and shall do every thing in my Power that it may be observed, agreeable to your own Expression, as a great Stone Wall; and that not a Tree shall be cut down above or beyond it. - And with Respect to what you mention about St Iago's Settlement, you are greatly mistaken in your Idea of the Geography of that Part of this Province, for his Settlement is almost in the middle of our Settlements, and a great many Miles with-
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GOVERNOR AND COUNCIL
in or below the Line from Ogechee as settled and agreed by the Treaty of Augusta: And St Iago knows very well that about two Months ago on his telling me that some body claimed the Land he is settled upon, I gave him a Paper signifying that he had my Leave to live there, and was to remain there undisturbed: However I shall inquire whether that Land is within any of the white People's Grants, and if I find it to be so, I will take Care that it shall be secure to St Iago.
His Excellency having finished his Talk acquainted Emisteseegoe, by M' McGillivray, that he believed he had answered every thing that had been mentioned; And that his Excellency was ready to hear any Thing further that he had to say. - Emisteseegoe, having expressed his Disappointment in not seeing M' Stewart and M" Mackintosh here as he expected, said that he had had several Talks with the Superintendant and his Deputy, and that the Nation paid great Regard to whatever Talks his Excellency sent up, but thought there was not that Regard paid to the Indians, but that something seemed wanting on the Part of the white People. - That this was the great Town of the Province, and he was come hither to be resolved of several Things they were in Doubt of - That notwithstanding the Regard the Indians pay to the Governour's and Superintendant's Talks and Letters, the white Men who trade amongst them are those who first ridicule and throw aside all Orders and Regulations that are attempted to be estab- lished among them - That altho' it is ordered and set- tled amongst them, and the Traders are instructed, that they shall not take any Raw Skins, yet those Orders are broke through every Day, notwithstanding a Remon- strance was made to the Deputy Superintendant - Also in Respect of spirituous Liquors being carried into their Nation, although limited to a particular Number of
Indian's second Talk.
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SEPTEMBER, 1768.
Cags, yet that Number is not regarded but constantly increased by every indirect Means- And that there is too many Traders, and too great a Quantity of Goods in their Nation, more than they can possibly purchase or pay for. - That this (sic) a great Mischief, for the In- dians are often induced to part with their Skins for Rum, which should be laid out in Cloathing and Neces- saries for their Families; and they also part with and sell their Horses for Rum. - That Indians were often employed as Factors for the Traders, which he thought a very hurtful and improper Measure, as they are not acquainted with the English Laws nor any ways liable to its Penalties; and which they had complained of to the Superintendant, who promised them Redress: but instead of these Mischiefs Abuses and Inconveniencies being prevented, on his Return Home he found the Evil as bad as ever. - And that in Order no Discovery might be made of the Trader who employs an Indian as Fac- tor, he is taught by such Trader, if questioned about it by Indians or others, to say that the Goods are his own, and that he bought them himself. - That at the Con- gress Sempiaffe complained of Traders going about in the Woods and clandestinely trading with the Indians, and trafficing for Raw Skins to the Injury of the fair Trader; and desired that the Grievance might be reme- died: And Sempiaffe further said that for his Part if he met with any of them in future he should look upon them as French or Spaniards, and not white Men, and treat them accordingly. - It was also mentioned at the Congress that the Path from the Nation to the white Towns should be, as it had always been, kept strait and open; to which End their Forefathers used to travel from thence to Charles Town, although they sometimes left their Bodies on the Path .- That there never was so much Ill will between them and the white People as since the Virginians came into the Province, who are
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GOVERNOR AND COUNCIL
continually robbing them of their Horses and doing them Injury. - He then asked whether any Talk from the Nation, touching the Virginians, ever came to his Excellency's Hands? and was answered No.
N.B. These were all an- swered verbally.
Emisteseegoe expressed his Desire to be accepted by his Excellency as a Friend coming a great Dis- tance to shake Hands with him. - That in Regard to Indians they are not known by their Dress a King being scarce to be distinguished from a common Man; but notwithstanding he assured his Excel- lency that all of the Tyger Family are of royal Descent: of which Family he is.
GEORGIA At a Council held in the Council Chamber at Savannah on Tuesday the 6th September 1768
Present
His Excellency James Wright Esq"
[ James Habersham | Noble Jones Francis Harris-
The Honble { Jonathan Bryan Grey Elliott James Read John Graham
Esqrs
Emisteseegoe the Indian Chief attending his Excel- lency answered his Talk of Yesterday, as follows,
Governour's Answer to In- dian's second Talk.
I am sorry M' Stuart and MT Mackintosh could not be here according to your desire; but not receiving your Message 'till Yesterday was Seven night, and then from the Time you mentioned you should be here, I expected you every Day, it was impossible to have M' Stuart here
583
SEPTEMBER, 1768.
in Time, especially as he is very infirm and lame with the Gout and cannot travel with Expedition, so that it would probably have been three Weeks before he would have received my Message and have come here; even if he had been able or could have come at all which was very doubtful. - And as to M' Mackintosh he also lives at a considerable Distance, and it is a very difficult and bad Way to his Plantation no Roads are yet made in that Part of the Countrey and the Swamps are now full of Water and almost impassable: and I thought there was the less Occasion for his being present as he is not going any more into your Countrey as M' Stuart's Deputy.
I very well know that you have paid due Regard to several Talks that I have sent up to you, and doubt not but you will still continue to do so, as I shall always re- gard yours; and am very sorry you should find any Thing is wanting on the Part of the white People that go into your Countrey to trade with you, and that these People should be the first who despise and disobey the necessary Orders and general Regulations that are at- tempted to be established amongst and between them and the Indians. - but we have bad People and mad People amongst Us as well as you have-I know very well that it is a Part of my Orders and Instructions to the Indian Traders, as well as the Superintendant's, that they shall not take any Raw Skins, and that they shall not bring any Rum into the Nation, except about fifteen Gallons once in three Months for building Houses and other necessary Purposes; also that no Indians or half Breeds should be employed as Factors, or to trade for any of the Traders: and I am perfectly well satisfied of the Truth of all the Grievances and Inconveniencies you men- tion and complain of. - And you may be assured that I will to the utmost of my Power prevent these Abuses for
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GOVERNOR AND COUNCIL
the future, and punish those that are guilty of them. - But although we have many Laws and all the white Peo- ple are subject and liable to be punished by them; yet I must explain to you the Difficulty I shall be under in so doing, for it is one Part of our Law that no Man can be punished until he is found guilty of the Crime or Offence that he is accused of by a Jury of twelve Men: and that Jury must have Proof that the Man is guilty before they can find him so. And this makes it very difficult for us to punish Offenders who live at so great a Distance as your Towns are from this for want of Proof: and many who could give Evidence against others will not do it, be- cause they are guilty of the same Crimes themselves, and are afraid that those Persons may inform against them. - And another Difficulty is that I cannot punish Men who have not their Licences from me, but from the Gov- ernour of Carolina or either of the Florida's. - And therefore I should be glad to have the Names of the Men who have misbehaved in the Manner you mention, that I may know whether they belong to this Province, or are licenced by me or not; and also to be informed of the Names of any of the Traders who know or can prove these Matters against any others. - And you may depend upon it I will do every Thing in my Power to punish them, and prevent those Abuses for the Future; for I am as much against them as you can possibly be, but you see it's difficult for me to do that which I should be very glad to do.
I well remember what Sempiaffe said at the Congress, which was much as you mentioned; and he also said he would take away their Goods from them: but he was told he must not take away the Goods or Horses of any that he found trading in the Woods, but must complain against them to the Governour-and so I say now-and if I can get Proof against any I will certainly punish
585
SEPTEMBER, 1768.
them and take away their Licences if granted by me- and therefore again desire to know if you can tell me the Names of any that have so traded - It was also men- tioned at the Congress that the Path should continue to be kept open strait and white from the Indian Towns to the white People's; and I hope they will always remain so: - that our Friends the Indians may have no Diffi- culty in coming to see Us :- I know perfectly well that the vagrant Virginians are a Set of very bad People, and that they not only steal the Indians Horses but the white People's, and do many other Injuries to both: and as often as we can catch any of them and get Proof against them for stealing Horses or Cattle, we hang them; and two of them were hanged here last Summer. - The great King's Subjects are all at full Liberty to go where they please and cannot be confined to any particular Countrey ; therefore we cannot prevent the Virginians from coming into this Province: that is not in my Power to do, but you may depend upon it I will punish and hang them whenever I can get sufficient Proof against them according to our Law. - And notwith- standing the Difficulties I have mentioned yet you may depend upon it I shall be very diligent and active in try- ing to redress the Grievances complained of; and that I hope I shall be able to do it-but a Thing of that Kind cannot be done all at once and will take some Time; so that you must have a little Patience - That as these Things have been more particularly and immediately under the Direction and Charge of the Superintendant for some Time past, I have not interfered in them; but now the Superintendant has done with Matters of Trade and they are left to the Governours, I will do every Thing that I possibly can to rectify the Abuses &º com- plained of. - And now having answered all your Talk, I must thank you for your Readiness in delivering up the fugitive Negroes that were in your Towns agreeable
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GOVERNOR AND COUNCIL
to my Talk; and I must again request that whenever any more are discovered to be amongst you, whether they have run away or have been carried up by any of your People, that they may be immediately sent back; and I shall be answerable for the Reward agreed to be given in such Cases.
The Talk being finished, his Excellency presented Emisteseegoe with a Commission, under the Provincial Seal, in Token of Friendship, and the Confidence his Excellency had of his Loyalty, Courage &cª 1
GEORGIA . At a Council held in the Council Chamber at Savannah on Tuesday the 6th September 1768.
Present
His Excellency James Wright Esq"
James Habersham Noble Jones Francis Harris
The Honble Jonathan Bryan Grey Elliott James Read \ John Graham
EsqTs
Petition of J Habersham for 2000 Acres read
and
Read a Petition of James Habersham Esq" setting forth that he had had Land granted him sundry Times but was possessed of more than forty Negroes for whom he had Obtained no Land Therefore praying for two Thou- sand Acres in two Tracts near a Place called Rocky Comfort to adjoin Land there ordered his Excellency the Governour
RESOLVED That on Condition only that the Petitioner
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SEPTEMBER, 1768.
Granted.
doth take out a Grant for the said Land within seven Months from this Date and that he doth also register the said Grant in the Register's Office of the said Province within six Months from the Date thereof that his Majesty may not be defrauded of his Quit Rents the prayer of the said Petition is granted-
Petition of T. Netherclift for 1000 Acres (Purch.) read
and
Read a Petition of Thomas Netherclift setting forth that he was settled in the Province had had no Land granted him and was desirous to Obtain Land for Cul- tivation having a Wife and Seven Negroes Therefore praying for One thousand Acres at a Place called Rocky Comfort to adjoined (sic) Land this Day petitioned for by James Habersham Esq"-that is to say, five hundred Acres in Family right and five hundred Acres adjoining on Purchase
Granted.
RESOLVED That on Condition only that the Petitioner doth take out Grants for the said Land within Seven Months from this date and that he doth also register the said Grants in the register's Office of the said Prov- ince within Six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the prayer of the said Petition is granted on his com- plying with the order of Council touching Lands granted on Purchase.
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