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as will appear by the following copy of the treaty itself, and the powers given by him for concluding and signing it.
“To Charles Demsey, Esquire.
“I have empowered you by procuration, dated the 23d of June 1736, to treat and conclude, concerning certain matters of importance, relating to these provinces, with his excellency Don Francisco del Moral Sanches, captain-general of Florida, and governor of St. Augustine, and the council of war of the said garrison; and having since the dates of these letters, received advice from the governor of St. Augustine, as also a message from his excellency Don Juan Francisco Geumes de Horcasitas, major-general in his catholic majesty’s service, captain-general of the island of Cuba, and governor of Havannah, by Don Antonio de Arredondo, they both em. powering him to treat concerning the said matters; I do hereby empower, constitute and appoint you, to treat, conclude and sign the following articles; and to deliver the same unto the governor and council of St. Augustine, they signing, sealing and interchanging the said articles:
“ First. That his excellency the governor of St. Augustine, shall restrain his Indians, subjects to the king of Spain, from committing any hostilities upon the subjects of the king of Great-Bri. tain. I will restrain the Indian subjects of the king of Great-Britain in this province, from any
hostilities upon the subjects of his catholic mas jesty. “ Secondly. That in respect to the nations of free Indians called Creeks, I will use my utmost amicable endeavors upon any reasonable satisfaction given them, to prevail with them to abstain from any hostilities whatsoever, with the subjects of his catholic majesty. “Thirdly. That with respect to the fort built on the island of St. George, I will draw of that garrison, together with the artillery, and all other things by me posted there; provided that none of his catholic majesty’s subjects, nor any other person, shall inhabit, people or fortify the said island; provided also, that no prejudice shall arise to the right of the king my master, to the said island, nor to any other dominions or claim that his Bri. tannic majesty hath upon the continent : but that his right shall remain to the said island, and to all other places whatsoever, as if the said garrison had never been withdrawn; and the said garrison shall withdraw within fourteen days after the ratification of these articles. , “Fourthly. I will agree with his excellency the governor of St. Augustine, and the council of war, that his Pritannic majesty's subjects under my command, shall not molest in any manner whatsoever, any of his catholic majesty’s subjects, provided that his catholic majesty’s subjects do not molest any of his Britannic majesty’s subjects, nor his allies.
Fifthly. That concerning any differences that have or shall arise, concerning the limits of the respective governments and dominions of the two crowns, such differences shall remain undecided, until the determination of the respective courts; and that the subjects of each crown here, shall remain in profound peace, and not in any manner molest each other, until the determination of the respective courts on this subject. “Lastly. That no person shall be received from any garrison in either government, without a passport from the governor to whom such person belongs. “Given under my hand and seal at Frederica, in Georgia the 27th day of September, 1736. “By the power to me given by his excellency James Oglethorpe, esq. governor and directorgeneral of the new colony of Georgia, by his excellency’s procuration, bearing date the 27th of October, in the tenth year of the reign of our sovereign lord george the second, by the grace of God, king of Great-Britain. &c. &c. and in the year of our Lord 1736; I do hereby confirm and ratify the above articles with his excellency Don Francisco del Moral Sanches Villegas, captaingeneral and governor of St. Augustine of Florida, and with the council of war of the said garrison of St. ugustine; as witness my hand and seal this 26th day of October, 1736.” The counterpart of this treaty, executed by the governor of St. Augustine, by the advice and
with the consent of a council of war, was certi. fied by Bartholomew Niotts, notary-public, in due form. But it appeared that the governor of St. Augustine was not in the secret of his mas. ter's court, for the Spanish ministry at home were very far from being desirous that a fair correspondence should be established between the two colonies. On the contrary their object was to compel the British government to relinquish the design of settling the colony of Georgia ; and with this view sir Thomas Geraldino, on the first of September, presented a memorial to his grace the duke of Newcastle, in which, among other things, he was pleased to say it was indisputable that the colony of Georgia was settled upon his masters dominions; so that a plainer proof could not be had, that the Spaniards were determined if possible, to compel the crown of Great-Britain to surrender this settlement. In the course of this year, Oglethorpe had been employed in strengthening the colony against an anticipated attack from the Spaniards, through Florida, notwithstanding the treaty which had just been concluded; and while thus engaged, received a message from the governor of Augustine, informing him that a Spanish commissioner from the Havanna, had arrived there, in order to make certain demands of him, and would meet him at Frederica for that purpose. At the same time he had advice, that three companies of infantry, had accompanied the commissioner to the
Spanish settlement. A few days afterwards the commissioner came to Georgia by sea, and Oglethorpe unwilling to permit his visit at Frederica, despatched a sloop to bring him into Jekyl sound, where he intended to hold a conference. Here the commissioner demanded that Oglethorpe and his people, should without loss of time, evacuate all the territories to the southward of St. Helena sound, as they belonged to the king of Spain, who was determined to maintain his right to them; and should Oglethorpe refuse to comply with this demand, he declared he had orders to proceed to Charleston, and lay his instructions before the governor of that province. Oglethorpe endea. wored to convince the commissioner that his catholic majesty had been misinformed respecting those territories, but to no purpose: the demand was positive and peremptory, and the conference broke off without coming to any agreement.— Oglethorpe, apprehensive of the danger which threatened his colony, embarked immediately and sailed for England, for the purpose of obtaining a formidable force to meet the enemy in case his colony should be invaded. When he arrived in England the trustees were convened, and these circumstances communicated to them. As war had not yet been formally proclaimed between the two nations, further proceedings were suspended until late in the summer of 1737, when appearances became more alarming, and the following petition was presented to the king —