lefs to you that are fo far dif tant. These things I have mentioned, only to fhew you the great king will not fuffer his people to be deftroyed without fatisfaction, and to let you know the people of this province are determined now to have it; what I fay to you is with a merciful intention; if I make war with you, you will fuffer for your rashness; your men will be deftroyed, and your women and children be carried into captivity. What few neceffaries you may have now will foon be finished, and when gone you will get no more. But if you give me the fatisfaction I fhall afk, the trade will be opened again from this province and Virginia, and all things go right. I have twice given you a lift of the murderers. I will now tell you it is 24 men of your nation I demand to be delivered me to be put to death, or difpofed of as I fhall think fit; your people have killed more than that number of us, or as many that number is the leaft I will accept of, and I give you till to-morrow morning to confider of it: I expect your anfwer then; you best know the Indians concerned; feveral gangs at different times have gone out; and I expect that the 24 Indians you will deliver up will be of those who committed the murders." Attakullakulla then took his leave, but not without pretending that all the difturbances had arisen. from eight of his people being confined in Virginia fome time ago, which he faid was done by order of Mr. Atkin. He returned early next day, and had a private conference with the governor, who gave leave to Tiftoe, and the old warrior of Eftatoe, two of thofe de tained in the fort, to go to their refpective towns. Next day two of the murderers were delivered up, one of them named the Slave Catcher, the villain who fcalped Mrs. Johnfon and her fon, and both were immediately put into irons. Every neceffary ftep was taken to obtain fatisfaction; a general review was directed in order to march against the town of Eftatoe, about twelve miles from this place; but on the 26th the Carpenter returned, when the following honourable treaty put an end to the further hoftile measures. Another of the murderers is taken and delivered up, fo that the number of the hoftages which are to be left at this fort, are now only 21. A white man, a trader, is taken up and in confinement; he with the murderers are to be brought to Charles-town, guarded by the regulars and provincials, fome of which are to be left to reinforce this garrifon. Article II. The articles of friendfhip and commerce, concluded by the lords commiffioners for trade and plantations with the deputies of the Cherokees, by his majefty's command, at Whitehall, the 7th of September, 1730, fhall be ftrictly obferved for the time to come. Article III. Whereas the Cherokee Indians have, at sundry times and places, fince the 19th of November, 1758, flain divers of his majefty's good fubjects of this province, and his excellency the governor having demanded that fatiffaction fhould be given for the fame according to the tenor of the faid articles of friendship and commerce aforementioned, in confequence whereof two Cherokee Indians, of the number of those who have been guilty of perpetrating the faid murders, have already been delivered up, to be put to death, or otherwife difpofed of, as his excellency the governor fhall direct, it is hereby ftipulated and agreed, that 22 other Cherokee Indians, guilty of the faid murders, fill, as foon as poffible, after the conclufion of this prefent treaty, in like manner be delivered up to fuch perfons as his excellency the governor. or the commander in chief of this province for the time being, fhall appoint to receive them, to be put to death, or otherwise disposed of, as the faid governor and commander in chief fhall direct. Article IV. The Cherokee Indians, whofe names are herein aftermentioned, viz. Chenohe, Oufanatah, Tallichama, Tallitabe, Quarrafattahe, Connaforatah, Kataetoi, Otaffite of Watogo, Oufanoletah of Jore, Kataeletah of Cowetche, Chifquatalone, Skiagufta of Sticoe, Tannaefte, Wohatche, Wyeyah, Oucah, Chiftanah, Nicholehe, Tony, Totaiah-hoi, Shalillofke, Chiftie, fhall remain as hoftages for the due performance of the foregoing articles, in the cuftody of fuch perfons as his excellency the governor fhall please to nominate for that purpofe; and when any of the Cherokee Indians, guilty of the faid. murders, fhall have been delivered up, as is expreffed in the faid articles, an equal number of the faid hoftages thall forthwith be fet at liberty. Article V. Immediately after the conclufion of this treaty, the licenfed traders from this government, and all perfons employed by them, fhall have leave from his excellency the governor to return to their respective places of abode in the Cherokee nation, and to carry on their trade with the Cherokee Indians, in the usual manner according to law. Article VI. During the continuance of the prefent war between his moft facred majefty and the French king, if any Frenchman fhall prefume to come into the Cherokee nation, the Cherokees fhall use their utmost endeavours to put him to death, as one of his majefty's enemies; or, if taken alive, they fhall deliver him up to his excellency the governor, or the commander in chief of this province for the time being, to be disposed of as he thall direct; and if any perfon whatsoever, either white man or Indian, fhall at any time bring any meffage from the French into the Cherokee nation, or hold any difcourfes there in favour of the French, or tending to fet the Englith and Cherokees at variance, and interrupt the peace and friendship eftablished by this prefent treaty, the the Cherokees fhall ufe their utmost endeavours to apprehend fuch perfon or perfons, and detain him or them until they thall have given notice thereof to his excellency the governor, or to the commander in chief for the time being, and have received his directions therein. Given under my hand and feal at Fort Prince George, in the province of South Carolina, this 26th day of December, 1759, in the 33d year of his majefty's reign. William-Henry Lyttelton, (L.S.) By his majefty's command, William Drayton, Sec. We whofe names are under-written, do agree to all and every of thefe articles, and do engage, for ourselves and our nation, that the fame fhall be well and faithfully performed. In teftimony whereof we have hereunto fet our hands and feals, the day and year abovementioned, Attakullakulla (L. S.) Ouconnoftota (L. S.) Otaffite (L. S.) Kitagufta (L. S.) Oconoeca (L. S.) Kilcannohca (L. S.) Will Forter, Sworn interpreters. Jof. Axon, Witness Henry Hyrne, adjutant-general. [Attakullakulla, the Little Carpenter, who concluded this treaty in behalf of the Cherokee Indians, was in England, and at court several times, in the year 1730.] Papers relating to the late affair between the English and Dutch in the Eaft-Indies, English demands, with the Dutch anfwers thereto. TH Article I. HE director and council of Chincura fhall give full fatisfaction to the prefident and council of Fort William, for the infultoffered to the British flag, by the commanders of the Dutch hips, and for the detention of many of our veffels, which were seized and stopped in the river, contrary to the. treaties which fubfift between the two nations, and for the other acts of hoftility committed by the faid ships. Anfwer. The director and council of Chincura declare, that, as they have always been poffeffed with fentiments of peace, the troubles which have happened to disturb the good understanding between the two nations having only ferved to give them a fenfible pain; and every thing which has paffed below, with refpect to the English flag, and the infults committed, is without their order, and what they regret, and perhaps done by the people of the thips from a misunderstanding of their orders, with which they hope the governor and council will be fully fatisfied.. Art. II. The director and council of Chincura fhall make good, both to the company and individuals, all damages done by the commanders of their thips, whether by their order or not; and fhall immediately reftore all the veffels, ftores, and effects, which may ftill be in their poffeffion. Anf. As the Dutch veffels have alfo been much damaged, the real lofs will be willingly made good; but it is to be hoped the governor and council will reflect equitably on this this article; and if they infift upon it, we fhall endeavour to fatisfy them. Done at Garhelly, Dec. 1, 1759. Richard Becher, John Cooke, John Bacheracht, J. C. Hift. Dutch demands with the answers of the English thereto. Article I. That the English fhall effect the nabob's return, or, at leaft, prevail on him to remain quiet in his camp, without doing us any injury; and that the articles of our agreement be accepted, approved, and confirmed by the nabob's principal, as far as they concern him, as well for the prefent as for the future. Anf. We have already made ufe of all our intereft with the nabob, and fhall continue to engage him to withdraw his arms, the moment the Dutch government has fulfilled his orders. The articles agreed on between the English and Dutch cannot be included in the treaty which the government of Hughley may conclude with the nabob's principal. Art. II. That what has paffed, during the troubles which have now ceafed, fhall be mutually forgot; and an affurance given of a perfect friendship, fidelity, and correfpondence, being kept up between the two nations, by their refpective chiefs, without permitting any hoftility on one fide or the other, on any pretence whatfoever; that each thall do his utmoft to preferve this good intelligence, and to contribute, as far as poffible, to the good of both, without aflifting, directly or indirectly, thofe who would prejudice either. Anf. Approved, as far as is con-. fiftent with the alliance between the nabob and us, and while friendship fubfifts between our fovereigns in Europe. Art. III. As we have neither acted by a declaration of war, nor by commiffion, our troops and mariners cannot be confidered as prifoners of war, fubject to a capitulation, but merely as temporary captives, and therefore ought to be fet at liberty, with all military honours. Anf. We don't look upon the Dutch officers and troops as our prifoners, but as thofe of the na bob; and are therefore ready to releate them as foon as they have concluded their treaty with him, except fuch as are willing to enter into our fervice, or who demand the protection of the English flag. Art. IV. They fhall leave us in the free poffeflion of our fettlements, commerce, rights, and privileges. Anf. We have never interrupted the Dutch in their juft rights and privileges, norever purpofe doing it. Art. V. That all the people, poffeflions, fettlements, lands, houses, thips, and veffels, belonging both to the company and individuals, and every thing belonging thereto, thall be declared free, and restored, in prefence of the deputies appoint ed by both parties, in their proper condition. Anf. All the fhips and veffels in our poffeflion fhall be reftored as foon as our demands are complied with, or on an affurance thereof given by the director and council of Hughley. Art. VI. Thefe treaties to be exchanged, with the approbation of the directors of both companies, as foon as poffible. Anf. Granted. ties fhall be reciprocal guarantees for the execution of the preceding articles. Anf. We do not fee any neceffity for this article. Done at Garhelly, Dec. 1, 1759. Done at Garhelly, Dec. 3, 1759. Copy of the Dutch proposals made to the Chuta Nabob, with the anfwers, ratified the 5th of December, 1759: Art. I. That the purchafes and fales of the Dutch company be again made, in the fame manner as in former times. Anf. The purchases and fales of the Dutch company thall be carried on according to custom, excepting the falt-petre of Azimabad, which fhall be purchafed by the means of Raja Ramnarian Bahadar; nor fhall any one moleft them. Art. II. That nobody cause any obftruction in the provifion of cloth, &c. at the Aurungs, ca account of the Dutch company. Anf. Nobody thall obftruct the provifion of cloth, &c. according to the cuftom of the Aurungs, nor ufe any violence. Art. III. That the goods and treasure of the Dutch company be allowed to pafs and repafs with the . Dutch Duftuck; that nobody obftruct them, nor any longer demand illicit cuftoms. Anf. The merchandize of the Dutch company fhall pafs and repafs, by land or by water, free from any unprecedentedimpofitions; nor fhall any one demand illicit cuftoms. Art. IV. That payment be made, by the officers of the mint of Mur fhedabad, of the balance due to the Dutch company. Ant. The officers of the mint at Murthedabad thall be made to pay whatever balance is juftly and truly due to the Dutch company. Articles agreed on by the Dutch company with the Nabob, and ratified under the hands and feals of the Dutch directors and council, and the feal of the company. I. We will immediately fend away the Europeans, Buccaifes, and Tilangas, that have been brought hither in our fhips; and we will difmifs the Europeans, Seapoys, and Burgundaffes, lately entertained. II. We will bring no more armed forces into the country of Bengal, nor ever make war in the country, nor erect any fortifications, nor make any military preparations. III. We will entertain no more than 125 European foldiers in all our factories eftablished within the three provinces. IV. We will carry on our trade with peace and quietnefs; and, in cafe (which God forbid !) our bufinefs thould meet with any obftructions, difputes, or oppreflions, we will'apply for redrefs to the Nazem of the provinces. |