At a Meeting of His Maj. Commrs for Trade and Plantations.
A letter from the Duke of Newcastle dated this day signifying His Majesty's having appointed George Burrington Esqre Governor of North Carolina & directing the Draught of Commission & Instructions to be prepared for him was read and directions were given for preparing the same accordingly.
Col. Johnson Govr of South Carolina and Capt Burrington Govr of North Carolina attending with some other gentlemen belonging to those Provinces acquainted the Board that they had agreed upon a division line between those Provinces and their Lordships desired they would mark the line upon a Map and lay the same before the Board which they promised accordingly.
The Draught of a Commission for appointing Capt. Burrington Govr of North Carolina ordered to be prepared the 7th inst. being agreed a Representation thereupon to His Majesty and a letter for inclosing the same to his Grace the Duke of Newcastle were sign'd.
Col. Johnson Govr of South Carolina and Capt. Burrington Govr of North Carolina attending as they had been desired in relation to the Boundaries between those two Provinces mentioned in the minutes of the 8th inst. Their Lordships after some discourse with them thereupon agreed upon the following divisional line Vizt the line to begin at 30 miles south westward of Cape Fear River and to be run at that parallel distance the whole course of the said river.
These Gentlemen being withdrawn Ordered that an Article be for this purpose inserted in the Drats of their Instructions.
Ordered that the Draught of a Representation be prepared for proposing a Great seal for North Carolina.
Agreed to & sign'd 3 February
An Order in Council of the 21st of February last approving a Representation of this Board of the third of the same month and directing a public seal to be prepared for North Carolina was read and their Lordships gave directions that Mr Rollos his Maj. Engraver should prepare a Draft thereof—(signed on 25 March 1730) Col. Johnson's proposals for better improving and settling South Carolina with reasons against reserving a quit rent of one penny per acre were read as also
The Representation of Capt. Burrington with his reasons against advancing the Quit Rents in North Carolina
Ordered that copies of so much of the said papers as relate to Quit rents be given to Mr Walpole Auditor of the Plantations.
Their Lordships then took into consideration the several papers from Sir Richard Everard & the Council of North Carolina in answer to complaints against the Governor and to Grants of land mentioned in the Minutes of the 16th Dec. 1729 and gave directions that copies thereof should be made for Capt. Burrington the present Govr of that Province and that an Article should be inserted in his Instructions directing him upon his arrival there to examine into the truth of the several facts and lay an account thereof before His Majesty and this Board.
Ordered that the Draught of a Representation be prepared for proposing a Commission for trying Pirates to be passed for North Carolina
A Letter from the Duke of Newcastle inclosing copy of a letter from Mr Porter Judge of the Admiralty at North Carolina giving an account of the unwarrantable proceedings of Sir Richard Everard late Governor of that Province in the granting of lands there was read And their Lordps agreed to insert an Article in the Instructions preparing for Capt. Burrington the present Govr in relation thereto as also to the Disputes between him & the Council referred to the Board by the Duke of Newcastle's letter and Ordered that an Answer be prepared to the Duke of Newcastle's said letters to acquaint him with these resolutions of this Board.
The Draught of Instructions for Capt. Burrington Governor of North Carolina directed to be prepared the 7th Janry last was agreed & ordered to be transcribed
Ordered that a letter be wrote to Mr Fane for his opinion in point of law whether according to the Charter of Carolina any Grants made by the Lords Proprietors be valid unless signed by them all and be under the common Seal.
The undermentioned copies of Orders in Council were severally read Vizt
Order in Council of 22 Janry 1729/30 approving the Draft of a Commission to Capt. Burrington to be Governor of North Carolina.
Order in Council of 22d Janry last requiring copies of the papers of complaint from the Members of the Council of North Carolina against Sir Richard Everard Deputy Governor of that Province under the Lords Proprietors as likewise of the complaint made by Sir Richard against the said Council to put into the hands of Capt. Burrington now appointed Governor for his examination into and report of the Facts.
Order in Council of the 10th of April last approving a Representation for a new seal for the Province of North Carolina.
Mr Fane's Report in relation to the validity of such Grants of Offices from the late Lords Proprietors as are not signed by them all was read and Ordered that copies thereof be given to Col. Johnson and to Capt. Burrington Govrs of South and North Carolina
An Order of the Lords of the Committee of Council dated 21st inst. upon a Representation of the 23rd May foregoing relating to Lord Carteret's eighth part of the Province of Carolina and requiring this Board to send to his Lordship to know the value he sets upon the said eighth in order to treat for the surrender of it to the Crown was read And directions given for preparing a letter to the Lord Carteret thereupon—signed August 4th
Ordered that a letter be writ to Capt. Burrington appointed Govr of North Carolina to acquaint him that the Board have signed their Representation upon his Instructions so long ago as the 10th of June last and have waited ever since for his list of Councillors but that if he does not bring the names of twelve persons proper to be inserted upon that occasion by Monday next their Lordships will either send away his Instructions without Councillors or name them without waiting any longer for his advice upon that subject.
A letter from the Lord Carteret dated this day in answer to their Lordships of the 4th inst. relating to his eighth part of the Province of Carolina and the value his Lordship sets upon it was read Whereupon directions were given for preparing the Draught of a Report to the Lords of the Committee of Council mentioned in the Minutes of the 28th of the last month upon that subject—agreed to & signed on 11th August.
The Draughts of Instructions for Capt. Burrington Govr of North Carolina which were agreed the 3rd June last having remained in this Office for want of a List of persons expected from him to fill up hist 13th
Mr Attorney and Mr Solicitor General's Report relating to the validity of certain Grants made by the Lords Proprietors of Carolina particularly one to Sir Nathaniel Johnson in 1686 was read Whereupon Ordered that copies of the said Report be prepared for Col. Johnson & Capt. Burrington Governors of South & North Carolina.
Sir William Keith attending as desired their Lordships had some discourse with him concerning the several nations of Indians bordering upon His Maj. Plantations on the continent of America and the manner of conferring and treating with them Whereupon Sir William was desired to let their Lordps have in writing agreeable to the Indian style the form of a Declaration or Agreement properly to be mutually made by the Chiefs of the Cheroquee Indians now here & by such as his Maj. shall appoint on his part for that purpose upon the said Indians having submitted their dominion and territories to his Maj. which Sir William Keith promised according
Sir William Keith attending presented to their Lordships as desired the form of a Declaration or Agreement proper to be mutually made by the Chiefs of the Cheroquee Indians now here and by such as his Maj. shall appoint on his part which was read And the Draught of a letter to the Duke of Newcastle to Know his Majesty's pleasure on this subject was agreed & sign'd.
Sir William Keith & Col. Johnson attending with the Interpreter of the Indian Chiefs the Board had some discourse with them concerning the manner of treating with the said Chiefs
A letter from Mr Lowndes with some Sesamum seeds which grow in Carolina and some of the Oyl produc'd from them was read.
A letter from the Duke of Newcastle dated the 31st in answer to one from this Board of the 20th of the last month signifying His Maj. having approved of their making some Treaty or Agreement with the Indian Chiefs of the Cherokee Nation who lately came from Carolina and directing the Board to make such Agreement and in such manner with the said Indian Chiefs as they should think for His Maj service was read Whereupon Order'd that Col. Johnson Governor of South Carolina and Sir William Keith be desired to attend the Board on Monday morning next as likewise the said Indians and their Interpreter.
Order'd that the Secretary do apply at the Secretary at War's Office that Two Sergeants with twelve Grenadiers may attend at the same time upon the said Indians.
Their Lordships then agreed the form of a Treaty with the Indians.
The seven Indian Chiefs of the Cherokee Nation attending as they had been desir'd with their Interpreter, Col. Johnson, Govr of South Carolina Sir William Keith and several other gentlemen Their Lords explained to them by their Interpreter (who was sworn) the Form of a Treaty with them agreed at the last meeting in the words following
Whereas you Scay-agusta Oukah Chief of the Town of Tassetsa You Scalilasken Ket-agusta, You Tethtowe, You Clogoittah, You Colannah, You Unnaconoy, You Oucounacon have been deputed by the whole nation of the Cherokee Indians to come to Great Britain where you have seen the great King George and in token of your obedience have laid the Crown of your Nation with the scalps of your enemies and feathers of peace at his Maj. feet Now the King of Great Britain bearing love in his heart to the powerful and great nation of the Cherokee Indians His good friends and allies His Maj. has empowered us to treat with you here and accordingly we now speak to you as if the whole Nation of the Cherokees 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
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 the Great Nation of Cherokees have you sent you hither a great way to brighten the chain of friendship between him and them & between your people and his people That the chain of friendship between him & the Cherokee Indians is like the sun which both shines here and also upon the great Mountains where they live and equally warms the hearts of the Indians and of the English That as there are no spots or blackness in the sun so is there not any rust or foulness in this chain and as the 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 the breast of your Nation and to the breasts of your old wise men your Captains and all your people never more to be broken or made loose And hereupon we give four pieces of white cloth to be dyed blue.
The Great King and the Cherokee Indians being thus fastened together by the chain of friendship he has ordered his people and children the English in Carolina to trade with the Indians and to furnish them with all manner of goods that they want and to make haste to build houses and to plant corn from Charles Town towards the Town of the Cherokees behind the great Mountains for he desires that the English and the Indians may live together as the children of one Family whereof the Great King is a kind & loving Father And as the King has given his land on both sides of the Great Mountains to his own children the English so he now gives to the Cherokee Indians the privilege of living where they please and he has order'd his Governor to forbid the English from building houses or planting corn near any Indian Town for fear that your young people should kill the cattle and young lambs and so quarrel with the English and hurt them And hereupon we give two other pieces of white cloth to be dyed red.
The Great Nation of the Cherokees being now the children of the Great King of Great Britain and he their Father the Cherokees must treat the English as brethren of the same family and must be always ready at the Governor's command to fight against any Nation whether they be white men or Indians who shall dare to molest or hurt the English and hereupon we give Twenty guns.
The Nation of The Cherokees shall on their part take care to keep the trading path clean and that there be no blood in the path where the English white men tread even though they should be accompanied by any other people with whom the Cherokees are at war Whereupon we give four hundred pounds weight of gunpowder.
That the Cherokees shall not suffer their people to trade with the white men of any other Nation but the English nor permit white men of auy other Nation to build any Forts Cabins or plant corn amongst them or near to any of the Indian Towns or upon the land which belong to the Great King and if any such attempt should be made you must acquaint the English Governor therewith and do whatever he directs in order to maintain & defend the Great King's right to the Country of Carolina Whereupon we give five hundred pounds weight of swan shot and five hundred pounds weight of bullets.
That if any Negro slaves shall run away into the woods from their English masters the Cherokee Indians shall endeavour to apprehend them and either bring them back to the Plantation from whence they run away or to the Governor and for every Negro so apprehended and brought back the Indian who brings him shall receive a gun and a match coat Whereupon we give a box of vermillion ten thousand of gun flints and six dozen of hatchets.
That if by any accidental misfortune it should happen that an Englishman should kill an Indian The King or Great Man of the Cherokees shall first complain to the English Governor and the man who did it shall be punished by the English laws as if he had killed an Englishman and in like manner if an Indian kills an Englishman the Indian who did it shall be delivered up to the Governor & be punished by the same English law as if he 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 we have now said to be the words of the Great King whom you have seen and as a token that his heart is open and true to his children and friends the Cherokees & to all their people he gives his hand in this Belt which he desires may be kept and shown to all your people and to their children and children's children to confirm what is now spoken and to bind this Treaty of Peace and Friendship betwixt the English and the Cherokees as long as the Mountains and Rivers shall last or the sun shine Whereupon we give this Belt of Wampum
And their Lordships desired they would give their Answers thereto on Wednesday morning next
Their Lordships then showed them the samples of the above-mentioned presents and the chief of the Indians said to the Board by his
The seven Indian Chiefs of the Cherokee Nation attending as they had been desired with their Interpreter as likewise Col. Johnson & Sir William Keith Their Lordships told them they were ready to hear what the said Indian Chiefs had to say in answer to the propositions made to them in behalf of his Majesty on Monday last
Whereupon Scalilosken Ket-agusta being directed by Sky-agusta Oukah and the rest of the said Indians to speak in their behalf deliver'd himself in the following terms—
We are come hither from a dark mountainous place where nothing but darkness is to be found but are now in a place where there is light. There was a person in our Country with us he gave us a yellow token of warlike Honour that is left with Moyitchoy of Telloqua And as Warriors we received it He came to us like a Warrior from you a Man he was his talk was upright and the token he left preserves his memory amongst us.
We look upon you as if the Great King George was present and we love you as representing the Great King and shall dye in the same way of thinking.
The Crown of our Nation is different from that which the Great King George wears and from that which we saw in the Tower But to us it is all one and the chain of friendship shall be carried to our people
We look upon the Great King George as the Sun and as our Father and upon ourselves as his children For tho' we are red and you white yet our hands and hearts are join'd together.
When we shall have acquainted our people with what we have seen our children from generation to generation will always remember it.
In war we shall always be as one with you The Great King George's enemies shall be our enemies his people and ours shall be always one and dye together.
We came hither naked and poor as the worm out of the earth but you have everything and we that have nothing must love you and can never break the chain of friendship that is between us.
Here stands the Govr of Carolina whom we know This small rope which we show you is all we have to bind our slaves with and may be broken but you have iron chains for yours However if we catch your
We have look'd round for the person that was in our Country he is not here however we must say that he talk'd uprightly to us & we shall never forget him
Your white people may very safely build houses near us We shall hurt nothing that belongs to them for we are the children of one Father the Great King and shall live and dye together.
Then laying down his Feathers upon the table he added This is our way of talking which is the same to us as your letters in the Book are to you And to you Beloved Men we deliver these feathers in confirmation of all we have said and of our Agreement to your Articles.
After which their Lordships told them they were well pleased with the consent they had expressed to the articles proposed to them in his Majesty's behalf.
A Memorial from Sir Alex. Cuming Bart in relation to the Cherokee Indians was read And their Lordships resolved to consider further thereof at another opportunity.
A letter from Sir Alex Cuming dated this day relating to the desire of one of the Indian Chiefs to continue in England with him was read And an Answer thereto was agreed & order'd to be sent
A letter to the Duke of Newcastle for inclosing a copy of the Articles proposed to the Indian Chiefs of the Cherokee Nation the 7th inst. as also of the Answer they gave the Board the 9th was agreed and signed.
A letter from Gov. Burrington, Gov. of North Carolina desiring the Board's directions in relation to the making out of New Grants to old landowners and to the appointment of Receivers for the Country taxes was read and an Answer agreed thereto.
An Order in Council dated the 14th inst directing this Board to prepare a Draft of a Warrant for transmitting a new seal to the Govr of North Carolina and empowering him to use the same was read And the Draft of a Warrant being accordingly prepared their Lordships signed a letter for inclosing the same to the Duke of Newcastle.