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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
July 11, 1767 - July 12, 1767
Volume 07, Pages 501-506

[From MS. Records in Office of the Secretary of State.]

At a Council held at Brunswick 11th July 1767.
His Excellency the Governor.
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble William Dry Esquire
The Honble Benjamin Heron Esquire

His Excellency was pleased to communicate to this Board a Letter from the Earl of Shelburne one of His Majestys Principal Secretarys of State dated the 13th January 1767 informing him that it is his Majestys pleasure, He transmit home a list of the established Fees of the different offices in the Colony, particularly the Fees and other charges attending Grants of Lands whether legally established or received as perquisites which have got a sanction by Custom and distinguishing each. Ordered that the Secretary write to the several publick Officers requiring a list of those fees accordingly.

Then His Excellency informed this Board that he had received a notification from the Earl of Shelburne, That the Honble James Murray Esquire was restored to his seat in his Majestys Council of this Province, And that he had directed the Secretary to give him notice thereof

His Excellency was pleased to lay before this Board several papers and talks relative to his proceedings in running the Western Boundary Line of this Province and the Cherokee Hunting Grounds, together with the deed of Ratification signed by the Commissioner,

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Alexander Cameron Esq, the Deputy Superintendant of Indian Affairs, and the Warriors and Head Men of the Cherokee Nation, dated the 13th day of June last. Ordered that the said Deed be recorded and lodged in the Secretarys Office and that the following Proclamation issue, Vizt

North Carolina,

By His Excellency William Tryon Esquire &c.

A Proclamation.

Whereas a partition Line has been run between the Western Frontiers of this Province and the Cherokee Hunting Grounds beginning at Reedy River where the South Carolina and Cherokee dividing Line terminates, running a north course, to Tryon Mountain of the Blue Ridge of Mountains, supposed to be sixty miles from the said River, and from the top of Tryon Mountain Aforesaid, beginning at the marked trees thereon, a direct Line to Chiswell's Mines, which said Line is established and confirmed as a dividing Line between the Cherokee Indians and this Province (until his Majestys Pleasure be further known thereon) by an instrument of writing executed between the Commissioners appointed for this Province, and the Cherokee Chiefs, on the thirteenth day of June last past.

I have therefore thought proper by and with the advice and consent of his Majestys Council, to issue this Proclamation, strictly requiring all Persons settled within the Indian Lands to remove from thence by the first day of January next: that no persons on any pretence whatsoever may disturb the said Indians in the quiet and peaceable possession of the lands to the westward of the aforesaid Line, or presume to Hunt thereon, or any other way or means to give them cause of uneasiness. And all persons who regardless of their own interest and disobedient to His Majestys Commands, shall neglect to remove from off the Indian Lands as required, or shall at any time hereafter settle thereon, will not only expose their Families and Effects to the depredations of the Indians, but also deprive themselves of the protection of this Government. And as no land will be granted within one mile of the aforesaid Line, the Surveyor General or his Deputys are forbid making Surveys or returns of Surveys into the Secretarys Office, within one mile of the said dividing Line. Any of the Inhabitants of this Province who desire to Trade with the said Indians are required to take out a Licence from the

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Governor or Commander in Chief for the time being, and subject themselves to such general regulations as may be required by the Superintendant of Indian Affairs.

And as the peace and security of the Western Frontiers of this Province greatly depend upon cultivating the Harmony and Friendship that at present subsists between the several Nations of the Indians and Inhabitants thereof I recommend that all Indians who may have business within the settlements may be received in the most friendly and amicable manner and assisted with any necessaries agreeable to humanity and hospitality; as all injuries and violence offered them will be prosecuted with the utmost vigour of the Law: the Indians having promised a kind and friendly treatment to all white persons that may have occasion to go into their Nation.

Given under my hand and the Great Seal of the Province at Brunswick, the 16th day of July 1767, and in the Seventh year of His Majesty's Reign.

By his Excellencys Command
Benjamin Heron.
God save the King.

At a Council held at Brunswick 12th July 1767
His Excellency the Governor,
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble Benjamin Heron Esquire

His Excellency Ordered a proclamation to issue for the apprehending and bringing to Justice certain Gangs of Horse Stealers and Rogues harbouring near where the dividing Line of this Province and that of South Carolina is supposed to run when extended to Reedy River.

North Carolina

By His Excellency William Tryon Esq &c &c

A Proclamation.

Whereas frequent complaints were made to me while in the back settlements of this Province as well by the Inhabitants as the Cherokee Indians of Gangs of Rogues and Horse Stealers, who in defiance of the Laws harbour themselves near where the dividing Line of this Province and South Carolina is supposed will run, when

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extended to Reedy River; to the great molestation and damage of the Inhabitants of both provinces.

I have therefore thought proper to issue this my Proclamation strictly commanding and requiring all Officers Civil and Military within this Government, to be aiding and assisting with the utmost diligence in the apprehending and bringing to Justice such Offenders.

Given under my hand, and the Great Seal of the Province at Brunswick the Sixteenth day of July 1757, and in the seventh year of His Majestys Reign.

By His Excellencys Command
Benjamin Heron, Secretary.

The Honble John Rutherford Esq one of the Commissioners for running the dividing Line between this Province and the Cherokee Hunting Grounds appeared at this Board and swore to the deed of Confirmation of the Partition Line, Ratified by the Commissioners Mr Cameron and the Indian Chiefs, and also to the substance of the Talks of Juds Friend, and the Young Warriour of Estatoe as also to the Commissioners Answers to the aforesaid Talks

Then appeared before this Board Isaac Edwards Esqr private Secretary to His Excellency and swore to the substance of Juds Friends talk given to His Excellency the Governor on Tyger River the second day of June last

His Excellency communicated to this Board His Majestys 109th Instruction, and in obedience thereto was pleased to order a proclamation to issue notifying the same, and commanding a strict obedience thereto—Vizt.

By the King.

A Proclamation,

Whereas Complaint hath been made unto Us, by the several Nations and Tribes of Indians bordering upon our Colonies and Plantations upon the Continent of North America, of unjust Claims and incroachments upon their Lands; We have thought proper to give the following instructions to our Governor of North Carolina Vizt

Whereas the peace and security of our Colonies and Plantations upon the Continent of North America, does greatly depend upon the amity and alliance of the several Nations or Tribes of Indians bordering upon the said Colonies; and upon a just and faithful

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observance of those Treaties and Compacts, which have been heretofore solemnly entered into with the said Indians by our Royal Predecessors, Kings and Queens of this Realm, And whereas notwithstanding the repeated Instructions which have been from time to time given by our Royal Grandfather, to the Governors of our several Colonies upon this head, the said Indians have made and do still continue to make great complaint that settlements have been made and possession taken of Lands the property of which they have by Treaties reserved to themselves, by persons claiming the said Lands under pretence of Deeds of Sale and Conveyance, illegally, fraudulently and surreptitiously obtained of the said Indians, And whereas it has likewise been represented unto us, that some of Our Governors or other Chief Officers of our said Colonies regardless of the duty they owe to us, and of the wellfare and security of our said Colonies have countenanced such unjust Claims and pretensions by passing Grants of the Lands so pretended to have been purchased of the Indians. We therefore taking this matter into our Royal Consideration as also the fatal effects which would attend a discontent amongst the Indians in the present situation of Affairs, and being determined upon all occasions to support and protect the said Indians in their just rights and possessions, and to keep inviolable the Treaties and Compacts which have been entered into with them, do hereby strictly enjoin and Command, that neither Yourself, nor any Lieutenant Governor, President of the Council or Commander in Chief of our said Province of North Carolina do upon any pretence whatever upon pain of Our highest displeasure and of being forthwith removed from Your or His Office, pass any Grant or Grants to any Persons whatever of any Lands within or adjacent to, the Territories possessed or occupied by the said Indians, or the property or possession of which has at any time been reserved to, or claimed by them, And it is Our further Will and Pleasure, That you do publish a proclamation in Our Name, strictly enjoining and requiring all persons whatever who may either willfully or inadvertently have seated themselves upon any Lands so reserved to or claimed by the said Indians, without any Lawful Authority for so doing, forthwith to remove therefrom, And in Case you shall find upon strict inquiry to be made for that purpose that any Person or Persons do claim to hold or possess any Lands within our said province upon pretence of purchases made of the said Indians, without a proper Licence first had and obtained either from us or any of our royal Predecessors or
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any Person Acting under Our or Their Authority, You are forthwith to cause a prosecution to be carried on against such person or persons, who shall have made such fraudulent purchases; to the end that the Land may be recovered by due Course of Law And whereas the wholesome Laws which have at different Times been passed in several of our said Colonies, and the Instructions which have been given by Our Royal Predecessors for the restraining persons from purchasing Lands of the Indians without a Licence for that purpose, and for regulating the proceedings upon such purchases have not been duly observed, It is therefore our Express Will and pleasure that when any application shall be made to you for Licence to purchase Lands of the Indians you do forbear to grant such Licence, until you shall have first transmitted to us by our Commissioners for Trade and Plantations the particulars of such application as well in respect to the situation, as the extent of the Lands so proposed to be purchased and shall have received our further directions therein,

And it is Our further Will and Pleasure that You do forthwith cause this Our Instruction to you, to be made publick, not only within all parts of your said province inhabited by Our Subjects, but also amongst the several Tribes of Indians living within the same to the end that our Royal Will and pleasure in the premises may be made known; and that the Indians may be apprized of our determined resolution to support them in their just rights, and inviolably to observe our engagements with them—

Witness our Trusty and Well beloved William Tryon Esquire Our Captain General, Governor and Commander in Chief, in and over our said Province at Brunswick the 16th day of July in the seventh Year of Our Reign Anno Domini 1767

God save the King.