America and West Indies: September 1730, 6-7

Pages 255-258

Calendar of State Papers Colonial, America and West Indies: Volume 37, 1730. Originally published by His Majesty's Stationery Office, London, 1937.

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September 1730, 6-7

Sept. 7.
416. Council of Trade and Plantations to Committee of Privy Council. Representation on Mr. Browne's Memorial, 14th July. Have been attended by Mr. Browne, but no person appearing in behalf of Depty. Govr. Gordon, propose to transmit copies of the complaints to him for his reply. Continue :—In the mean time, we take leave to propose to your Lordships, that H.M. orders be signify'd to the said Deputy Governor, strictly requiring him not to discountenance or interfere with the legal proceedings of the Judge or other officers of H.M. Court of Vice-Admiralty in Pennsylvania, nor to suffer any incroachments by ye Chancery or Common-Law Courts of ye said Province, upon the Admiralty, but on the contrary, to countenance, support and protect the said Vice-Admiralty Court, and the several officers thereto belonging, in their just and legal rights, upon pain of H.M. highest displeasure. Propose to give Major Gordon directions as in following, according to the usual practice of the Board. [C.O. 5, 1294. pp. 12–15.]
Sept. 7–9. 417. Articles of Friendship and Commerce propos'd by the Lords Commissioners for Trade and Plantations to the Deputys of the Cherrokee Nation in South Carolina by H.M. Order, 7th Sept., and agreed to the 9th.
Whereas you Scayagusta Oukah, Chief of the town of Tassetsa—you Scalilosken Ketagusta—you Jethtowe—you Clogoittah—you Colannah—you Oucounaco—have been deputed by Motoy of Tellike, with the consent and approbation of the whole nation of ye Cherrokee Indians at a General Meeting at Nikossen the 3d of April 1730, to attend Sr. Alexander Cuming Baronet to Great Britain where you have seen the great King George, at whose feet ye said Alexander Cumming by express authority for that purpose, from ye said Moytoy, and all the Cherrokee people, has laid the Crown of your nation, with ye scalps of yor. enemies and feathers of glory at H.M. feet, in token of obedience. Now ye King of Great Britain, bearing love in his heart, to ye powerfull and great nation of ye Cherrokee Indians, his good children and subjects, H.M. has impowered us to treat with you here, and accordingly we now speak to you, as if the whole nation of the Cherrokees, their old men, young men, wives and children, were all present, and you are to understand the words we speak, as the words of the great King our Master, whom you have seen; and we shall understand the words which you speak to us, as the words of all yor. people, with open and true hearts to ye Great King. And thereupon we give four peices of striped duffles. Hear then the words of the Great King whom you have seen, and who has commanded us to tell you, that the English everywhere on all sides of the Great Mountains and Lakes, are his people and his children whom he loves. That their friends are his friends, and their enemies are his enemies. That he takes it kindly, that ye Great Nation of Cherrokees have sent you hither a great way, to brighten ye chain of friendship between Him and them, and between yor. people and His people, that ye chain of friendship between Him and ye Cherrokee Indians, is like the sun, which both shines here, and also upon the Great Mountains, where they live, and equally warms ye hearts of the Indians and of the English. That as there are no spots, or blackness in the sun, so there is not any rust or foulness in this chain, and as ye great King has fastened one end of it, to his own breast, He desires you will carry the other end of the chain, and fasten it well to ye breast of Moytoy of Tellike, and to ye breast of your old wise men, your Captains, and all your people, nevermore to be broken, or made loose, and hereupon we give two peices of blew cloth. The Great King, and the Cherrokee Indians, being thus fast'ned together by ye Chain of Friendship, He has ordered his people and children ye English in Carolina to trade with ye Indians, and to furnish them with all manner of goods that they want, and to make hast to build houses, and to plant corn, from Charles Town, towards ye town of the Cherrokees behind ye Great Mountains. For he desires that ye Indian and English may live together, as ye children of one family, where ye Great King is a kind and loving Father. And as ye King has given his land on both sides of ye Great Mountains to His own children ye English, so he now gives to ye Cherrokee Indians, ye priviledge of living where they please. And hereupon we give one peice of red cloth. That the great Nation of the Cherrokees, being now the children of the Great King of Great Britain, and He their Father, the Cherrokees must treat the English as brethren of ye same family, and must be always ready at ye Governor's command to fight agt. any Nation, whether they be white men, or Indians, who shall dare to molest them, or hurt ye English. And hereupon we give twenty guns. The Nation of ye Cherrokees shall on their part take care to keep ye trading path clear, and that there be no blood in the path where the English white men tread, even tho' they should be accompany'd by another people, with whom the Cherrokees are at war, whereupon we give four hundred pounds of gunpowder. That the Cherrokees shall not suffer their people to trade with the white men of any other Nation but ye English, nor permit white men of any other Nation to build any forts, cabins, or plant corn amongst 'em, or near to any of ye Indian towns, or upon the lands which belong to the Great King, and if any such attempt shall be made, you must acquaint the English Governor therewith, and do whatever he directs, in order to maintain and defend the Great King's right, to the country of Carolina. Whereupon we give five hundred pounds weight of swan shot five hundred pounds weight of bullets. That if any negroe slaves shall run away into ye woods from their English masters, the Cherrokee Indians shall endeavour to apprehend them, and either bring them back to ye Plantation from whence they run away, or to ye Governor. And for every negroe so apprehended and brought back, the Indian who brings him, shall receive a gun and a matchcoat. Whereupon we give a box of Vermillion, 10,000 gun flints, and six doz. of hatchetts. That if by any accidental misfortune, it should happen that an Englishman should kill an Indian, the King or Great Man of the Cherrokees, shall first complain to the English Governor. And ye man who did it shall be punished by ye English laws, as if he had killed an Englishman. And in like manner if any Indian shall kill an Englishman, the Indian who did it, shall be deliver'd up to the Govr. and punished by the same English law, as if it was an Englishman. Whereupon we give twelve dozen of spring knives, four dozen of brass kettles, and ten dozen of belts. You are to understand, all that we have now said, to be ye words of ye Great King, whom you have seen. And as a token that his heart is open and true to his children and subjects ye Cherrokees, and to all their people, He gives Hand and this Belt, which He desires may be kept and shewn to all your people, and to their children and children's children, to confirm what is now spoken. And to bind this agreement of Peace and Friendship, between ye English and ye Cherrokees, as long as ye Mountains and Rivers shall last, or ye sun shine. Whereupon we give this Belt of Wampum. [C.O. 5, 400. pp. 388–394.]
Sept. 7. 418. Memorial of loss and damage (50l.) sustained by master and crew of the Frances and Katherine of Bristol, plundered of stores and wearing apparel by a Spanish sloop on 7th June, 1730, in her voyage from Jamaica to Bristol. Deposition, signed, Ellis Bennett (master), Saml. French (boatswain). Endorsed, Recd, (from Mr. H. Fane and Mr. Crookshank) 17th Sept., 1730. Copy. 3 pp. [C.O. 388, 92. No. 11.]