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then delivered to each town, and the deputies of the several towns produced the same : and the said estates further declared, that all the domi, nions, territories and lands from the river Savan. nah to the river St. John’s, and all the islands between the said rivers; and from the river St. John’s to the bay of Appalache, within which is the Appalache Old-fields; and from the said bay of Appalache to the mountains, doth by ancient right belong to the Creek nation, who have maintained possession of the said right against all opposers, by war, and can show the heaps of bones of their enemies, slain by them in defence of the said lands. And they further declare, that the said Creek nation, hath for ages had the protection of the kings and queens of England, and have gone to war by commissions from the governers, appointed by the said kings and queens of England; and that the Spaniards nor no other nation, have a right to any of the said lands, and that they will not suffer them or any other persons (excepting the trustees for establishing the colony of Georgia in America) to scitle upon the said lands. And they do acknowledge the grant they have already made to the trustees, establishing the colony of Georgia in America, of the lands upon Savannah river, as far as the river Ogechee, and all the lands along the sea coast, as far as the river St. John’s, and as high as the tide flows, and all the islands as far as the said river, particularly the islands of Frederica, (meaning
St. Simon's) Cumberland and Amelia, to which they have given the names of his majesty, king George's family, out of gratitude to him. But they declare that they did and do reserve to the Creek nation, the lands from Pipe makers Biuff to Savannah, and the islands of St. Catharine’s, Osabaw and Sapelo. And they further declare, that all the said lands are held by the Creek nation as tenants in common. The said commissioners doth declare that the English shall not enlarge or take any other land, except those granted as above by the Creek nation to the trustees, and doth promise and covenant that he will punish any person that shall intrude upon the lands which the corporation hath reserved as above, Given under my hand and seal, at the Coweta town, this twenty-first day of August, anno domini, 1739. JAMEs OGLE THoHPE.
By James Oglethorpe, esquire, general and commander in chief of all his majesty's forces in South-Carolina and Georgia. &c. To all his majesty's subjects to whom these presents shall come, greeting : -
KNOW YE, that you are not to take up or settle any land beyond the above limits, settled by me with the Creek nation, at their estates held on
Saturday, the eleventh day of August, anno domini, 1739: as you shall, through me, at your peril answer. Given under my hand and seal, at the Coweta town, this twenty-first day of August, anno domini, 1739. t
JAMEs OGLE 1 hor PE.
Jwo. 4.—Refer to page 214.
Frederica in Georgia, December 14th 1747. “KNOW all men by these presents, that we, Simpeopy war-king, of the Cowetas; Thlockpalahi, head warrior of the said town; Moxumgi, king of the Etchitas; Iswige, head warrior of the Etchitas, and Actithilki, beloved man of the said town; Ciocoliche, king of Osuchees; Appalya and Ischaboagy, beloved men of Nipky, and Himmopacohi, warriors of the said town; Tokeah, war-king of the Chehaws; Whyanneachi and Etowah, warriors of the said town ; Mahelabbi, beloved man of the Cusetas, and Scheyah, warrior of the said town ; and Estchothalleachi Yahulla Mico, of the T iskugas: having full power by the laws of our nation, to conclude every thing for the towns we represent, do hereby acknowledge Malatche Opiya Mico, to be our rightful and natural prince. And we likewise further acknowledge that by the laws of our nation, we think ourselves obliged to stand by, ratify and confirm, every act and deed of his, as much as if we ourselves were present, and we therefore make this public declaration to all subjects of the crown of Great-Britain, that Malatche Opiya Mico has full power and authority as our natural prince, to transact all affairs relating to our nation, as firmly and fully, to all intents and purposes, as we the whole nation might or could do if present. In confirmation of which presents, we have here unto set our hands, and affixed our seals in behalf of the different towns we represent, the day and date above written.” Signed and sealed in presence of
Alex A.N DER HE Rox, JAMES MACKAY,
PATR1ck Housto UN, John CALw ELL,
Thom As WALKER, Thomas CLEMENs.
The above was signed and sealed by the In
dians whose names are therein mentioned, proved by Alexander Heron, before Charles Wright, a justice of the peace in South-Carolina, on the 2nd of January 1748, and recorded in the secretary's office of that state, in book G. G. folio 239, by William George Freeman, deputy-secretary of State.
IN DE X. . .
Isrnoorcrony observations to the History of Georgia,