Virginia Treaty with Yesah
SPOTSWOOD'S TREATY WITH SAPONI, STUKANOE, OCCONEECHEE, AND TOTERO INDIANS
[P.R.O., C.O. 5:1316, 618 - 625 (transcripts)](39)
_______________________________
[Feb. 27, 1714]
Treaty of Peace Concluded on the one part by the honourable Alexander SpotswoodHer Majesty's Lieutenant Governor and Commander in Chief of the Colony andDominion of Virginia, for and in behalf of her Majesties said Colony and on theother part by Tawhee Sockha Hoontky of the Saponies, Nehawroose in behalf ofthe Hoonthymiha of the Stukanoe Indians Chaweo in behalf of the Hoontky of theOccaneechee Indians and Mawseeuntkey, Hoontky of the Tottero Indians
Done and Signed at Williamsburgh the 27th of February 1713.
Whereas the several Nations of Indians aforenamed have for some years pastlived as Tributarys to her Majesty's Government of Virginia and inhabited asmall tract of Land on Maherine River which is now encompassed by the Englishsettlements: And it being found that the too near scituation of the saidIndians to the other inhabitants doth occasion frequent disputes andcontroversies between them and is also inconvenient for the hunting by whichthe Said Indians alone subsist, Whereupon the aforesaid Governour of Virginiabeing desirous to remove the said inconveniencies, and to settle the saidIndians in a manner more serviceable for the security of the Inhabitants ofVirginia, and more beneficial to the Indians themselves. Hath at the desire ofwhich they have expressed for embracing the Christian faith concluded thispresent Treaty, with the advice of her Majesty's Council of this Colony in theterms following.
I.
The said Nation of Indians shall from henceforth continue Tributarys to HerMajesty of Great Britain, and her successors under the subjection of the Governmentof Virginia.
II.
The said Indians do consent and promise that as soon as a Tract of Land shallbe alotted them for their habitation, and a School Master and Minister establishedamong them, all their Children, and also the Children of any other Nationof Indians who shall incorporate with them shall be taught the English languageand instructed in the principles of the Christian Religion.
III.
The said Indians shall be faithful to her Majesty's Government of Virginia andmaintain a strict Peace, Friendship and Amity with all her Majestys subjects ofthe said Colony; and on the other hand if any Controversys shall arise betweenthe Inhabitants of the said Colony and the said Indians, Justice shall be doneto both parties according to the Laws of said Colony, neither shall it beLawful for either party to seek redress by any other means.
IV.
If the said Indians shall at any time discover any Conspiracy carried on by anyof their own or other Nation of Tributary Indians against the Inhabitants of Virginiaor any of the other Indians Tributarys thereto, or that any strange Indians areon their March to attack the said Colony or it's tributarys, the said Indiansshall give immediate notice thereof to the Governor for the time being, andshall be ready with all their force to suppress such Conspiracy or forreignInvasion, either by themselves, or in Conjunction with the formes [sic] of thesaid Colony. And if any murders or thefts shall be committed by any Indianswhatsoever upon the English, the said Nations of Indians do promise to usetheir best endeavours to apprehend the offenders and deliver them up to bepunished according to the Laws of Virginia. And it is further stipulated thatthe said Indians shall hold no correspondence with any forreign Indianswhatsoever without the Licence of the Governour of this Colony for the timebeing.
V.
There shall be set out and assigned for the Settlement of the said nation ofIndians who shall hereafter be deemed as incorporated into one Nation a Tractof Land upon the south side of James River above the inhabitants equal to sixmiles square whereon they may build a Fort and make improvements for theconveniency and Subsistance of their familys, And moreover all theunpatented lands between James River and Roanoke shall be assigned for thehunting grounds of the said Nation and of the Nottoways to be divided betweenthose two Nations as the Governour shall hereafter think fit. And if it shallhappen that the lands on James River be at any time hereafter taken up andpatented by Her Majesty's Subjects as high as the present intended settlementsof the said Indians to a further distance a tract of the like quantity of Landshall be of new laid out and assigned for their habitation and sufficientsatisfaction made for such Improvements as they shall leave behind them; Butthe said Indians shall not sell or allienate any part of the Lands so to beassigned for them; The same being hereby intended to remain in common to themand their posterity; and all sales or Leases thereof made by them to anyEnglish man upon what consideration soever, are hereby declared to be contraryto this Treaty. Nevertheless it is hereby concluded and agreed that there maybe set apart by the Governour of Virginia out of the land assigned from time totime for the habitation of the said Indians, a tract not exceeding two thousandacres for the better support of the Minister and School Master to beestablished there, and of the officer and men to be appointed for the Guard ofthe said
Indianfort,
which tract shallin like manner remain for the use of the said Minister, School Master, officerand men, according to the distribution thereof to be made for each respectivelyby the Governour of Virginia without being subject to the alienation Mortgageor Lease of any of the persons in those employments Provided always that ifthrough mortality of desertion, the said Nation of Indians shall decrease toany inconsiderable number, no greater tract of Land shall be required by themfor their habitation than according to the proportion of one hundred acres foreach person with the liberty of hunting on all the unpatented Lands between theSaid Rivers as aforesaid.
VI.
For the better defence of the said Indian Settlement there shall be maintainedat the publick charge of Virginia an officer and fifteen men to reside at theirFort, so long as it shall be found necessary to assist them against any strangeIndians by whom they may be attacked and to go out with them in their huntingas there shall be occasion.
VII.
During the continuance of the officer and men as aforesaid at the said IndianFort, none of the said Indians shall depart off the grounds allotted fortheir habitation nor repair to the Towns of the other Tributary Indians expert[sic] in company with some of the English residing at the said Fort neithershall any of the said Indians depart off their hunting grounds or come amongthe Inhabitants without the License of the Governour or the Captain of the Fortor in company of some Englishman belonging to the said Fort on pain of beingpunished at the Governour's discretion, nor shall it be permitted them to hunton the Lands of any of the Tributary Indians without the leave of suchTributarys.
VIII.
For the conveniency of the said Indians and for the more regular carrying onthe trade, there shall be a publick Mart or Fair kept at their Settlement atleast six times in a year where it shall be free for all her Majestyssubjects to resort with their wares and Merchandizes and to exchange the samewith the Indians for their Skins, furrs and other Commoditys, and Magistratesshall be appointed to attend at the Said Fares to see the trade justly managed,to enquire into any abuses or injurys offered to the Indians by any of theEnglish residing among them and to administer justice in all controversysthat may arise between either party concerning the same.
IX.
The Articles of Peace made concluded with the nation of Saponies atMiddleplantation the 29th day of May 1677, so far as the same are not alteredby the present treaty are hereby confirmed, and shall be construed toextend to all Indians incorporated with the said Saponies.
X.
If any infringement be made of this present Treaty by any of her Majestyssubjects within the Colony of Virginia upon a representative thereof made bythe said Indians due reparations and satisfaction shall be given them.
...cont
quote:
XI.
Whereas the Governour of Virginia did some years ago in order to encourage thesaid Indians to Send some of their Children to be educated at he Colledge ofWilliam and Mary, remitt the annual tribute of Skins which were payable by thesaid Indians to the Governour for the time being: And it being stipulated bythe first article of this present treaty that the said Indians shall continuetributarys, without mentioning the quality or proportion thereof to be paid bythem The said Governour being still desirous to encourage and promote theConversion of the said Indians, and by easing them in their Said Tribute toengage them the more to a faithful observance of this present Treaty Dothhereby stipulate and agree with the said Indians that the said Nation shallonly pay as an acknowledgment of their dependance on the Crown of Great Britainthe yearly Tribute of three Indian arrows to be delivered by the chiefman of the said Nation to the Governour or Commander in Chief of Virginia forthe time being yearly on Saint George's day at the Palace in Williamsburgh.
The mark of Chawco for the Hooutky of the Occoueeckees
The mark of TauheeSoka Hooutky of the Saponies
The mark of MauseeUntky Hoontky of the Totteros
The mark of Nehaurooss For the Hoontky miha of the Stukanoe
(Endorsed Virginia/Treaty with the Saponie/Indians Concludedat/Williamsburgh the 27th of February 1713/referred to in Coll/Spotswood Lreof/9th of March 1713./ Received 1 Septr. Read 9th Ditto, 1714/O: 164./Entrd Ffolio 57 4)
FORT CHRISTANNA AND THE TRIBUTARIES
[Executive Journals, III, 395-396]
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At a Council held at the Capitol the 23rd day of Febrary 1714 (1714/15)
Present
The Honorable Alexander Spotswood his Majesties Lieutenant Governor
James Blair
Philip Ludwell
William Byrd
William Cocke and
Nathaniel Harrison Esquires
* * * * * * *
The Governor acquainting the Council that he intended Speedily to take aprogress to Christanna for finishing the fortifications of that place andcompleating the Settlement of the Indians, and that he expected theChiefs of the Tuscaruro Nation to meet him there in order to their givingfurther assurances of their maintaining a firme Peace with this Colonyaccording to the engagements they have made for that purpose to Collo. Edan (41)Governor of North Carolina, and desiring the advice of the Board whether upongiving such sufficient assurances that trade with them (which has been so longprohibited) ought not to be again opened and allowed. It is thereupon resolvedthat whenever the Tuscaruros shall give reasonable assurances of theirpeaceable behaviour a liberty of Trade be allowed as being both beneficial tohis Majesties Subjects of this Colony and the best means to perpetuate thefriendships of the said Indians.
W. Cocke Esqr. absent
Whereas the Nation of Indians called the Enoes and others their Confederateshave signified their desire of settling with the Saponies at Christanna underthe Protection of this Government It is the opinion of this Board that the saidIndians be received as Tributarys and settled according to their desire thesame being likely to prove a considerable addition of strength to thatFrontier.
Whereas the Maherine Indians have removed off the lands assigned them bythe Articles of Peace in 1677 and settled at the mouth of the Maherine River inthe bounds now in Controversy between this Colony and Carolina, and by theirfrequent disobedience to the orders of this Government, have given just causeto suspect their future behaviour. It is therefore the opinion of the Councilthat the Governor take a suitable time to order the Removal of the saidMaherine Indians to Christanna, where they may be under the command of the Fortthere; and that in case the said Indians shall refuse to remove they becompelled thereto by seizing their wives and Children, to beconveyed to Christanna aforesaid, and put under the care of the guard thereuntill such time as the said Indians shall Voluntarily remove themselves to theland which shall be assigned them there.
It is the opinion of this Board that whenever the Nottoway Indians shall removeto the new settlement intended for them near Christanna, and thereupon resignthe land formerly settled by Act of Assembly for their habitation and theirhunting, the said land be disposed of to the best advantage, for the defrayingthe Charge of the said new settlement.
Robinson, W. Stitt, Jr., ed. Virginia Treaties, 1607–1722.Vol. 4 of Early American Indian Documents: Treaties and Laws, 1607–1789.Frederick, Md.: University Publications of America, 1983. KF8202 1983 v. 4
pages 243 - 244
Document 48
AFFIDAVIT OF GRIFFIN ABOUT SAPONIES' REMOVAL TO CHRISTANNA
[P.R.O., C.O. 5:1318, 143 - 144 (transcripts)]
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[Jan. 4, 1717]
Charles Griffin aged Thirty Six years or thereabouts
Deposeth
That in January 1714 he was engaged by the Governor of Virginia to undertakethe Charge of educating the Indian Children at Christanna. That in Marchfollowing he went to reside at that Place, where he has continued ever since.That he has been very conversant with the Chief men of the Saponie Indianssettled there, and never heard then or any other of that Nation signify theleast dissatisfaction for being removed thither, or that that heard themexpress much Satisfaction with their present habitation, and abundance ofthankfullness to the Governor for placing them so Conveniently. He hath alsohead the Great men of the said Saponie Nation declare of divers occasions thatno Governor ever took such care of them as the present Governor has done, andthat they feared if he was removed they should never meet with the kindnessfrom any other. The Deponent further Saith That he was present when theGovernor made an offer of a Cow per Calf to each of the Great men of thatNation. And of two Cows per Calves to the Queen; being fourteen Cows perCalves in all. And that upon the delivery of th said Cows per Calves,the Indians received the same with very great acknowledgements as a particularBounty of the Governors; and the Deponent never heard from the Indians orany other Person that he said Present of Cows per Calves was in considerationof any Bargain for quitting their land.
Cha: Griffin
James City County ss
.January the 4th 1716
..Sworne before me
...Francis Lightfoot
Endorsed No. A
...Affidavit of Mr. Griffin
...concerning the removing of the Saponie Indians to
...Christanna
(Also Endorsed Virginia/Affidavit of Mr. Griffin/about the removing theSaponie Indians to Christanna/ received with Col/Spotswoods Lt. tothe/Secretary of 16: January 1716/7 Received 11th March 1716/7/Read 23 August1717/P:132./ Entrd F. folio 504)
VIRGINIA COLONIAL RECORDS.
Govern'r & the Councill of our Colony and
Plantacon of Virginia in The West Indys.
Treaty Between Virginia And The Indians
1677
Articles of Peace between the most Mighty Prince & ourDread Soveraigne Lord Charles the II by the Grace of God King of greateBrittaine, France, and Ireland. Defender of the ffaith &c: And the severallIndian Kins and Queens &c Assentors and Subscribers hereunto made andConcluded at the Camp of Middle plantacon, the 29th day of May: 1677; being theday of the most happy birth & Restauration of our s'd Soveraigne Lord, andin the XXIX yeare of his said Ma'ties Reigne.
By the Right Honourable Herbert Jeffreys Esq'r Governour andCap't Generall of his Majesties Colony of Virginia: Present the Hon'ble S'rJohn Berry Kn't & Francis Morrison Esq'r his most Sacred Ma'tiesCommiconers appointed under the great Seale of England for the Virginiaaffairs, And the Hon'ble Councill of State of the said Colony.
Whereas his most Sacred Ma'tie hath of his owne Royall graceand meer motion intrusted to my care and endeavours the Renewing management andconcluding a good peace with the Neighbour Indians in order whereunto with theadvice and Assistance of the hon'ble S'r John Berry Kn't and Francis MorrisonEsq'r I have here caused to be drawne up these ensueing Articles and Overturesfor the firme grounding and sure establishment of a good and just Peace withthe said
,and that it may be a Secure and lasting one founded upon the strong Pillars ofReciprocall Justice by confirming to them their just Rights, and by Redress oftheir wrongs and injuries that soe the great God who is god of peace and Loverof Justice may uphold and prosper this our mutuall League & Amity. It ishereby Concluded, consented to & mutually agreed as followeth:
I. That the Respective Indian Kings and Queens doefrom henceforth acknowledge to have their imediate dependancy on, and Own allSubjection to the great King of England Our now dread Soveraigne his heires andSuccessors, when they pay their Tribute to the Right hon'ble his Ma'tiesGovern'r for the time being.
II. That thereupon the said Indian Kings & Queens andtheir Subjects shall hold their lands, and have the same confirmed to them and theirposterity by Patent under the Seale of this his Magesties Colony, without anyfee gratuity or Reward for ye same, in such sort, and in as free and firmemanner as others his Magesties Liege Subjects, have and enjoye their Lands, andpossessions, paying onely yearly for, and in Liew of a Quitrent oracknowledgement for the same three Indian Arrowes.
III. That all Indians who are in amity with us, &have not land siffitient to plant up, be upon information forthwith providedfor, and land laid out, and confirmed to them as affores'd never to bedisturbed therein, or taken from them, soe long as they owne keep and maintainethe due obedience & Subjection to his Majestie his Govern'r and Government;& amity & friendship towards the English.
IV. Whereas by the mutaull discontents, Complaints,jealousies, and feares of English and Indians occasioned by the violentintrusions of divers English into their lands, forceing the Indians by way ofRevenge, to kill the Cattle & hoggs of the English, whereby offence, andinjuries being given, and done on boeth sides, the peace of this his MajestiesColony hath bin much disturbed, and the late unhappy Rebellion by this means ina great measure begunne & fomented which hath involved this Country intosoe much Ruine, & misery, for prevention of which injuries and evillconsequences as much as possible we may for time to come it is hereby concludedand enacted that noe English, shall seate or plant nearer then three miles ofany Indian towne, and whosoever hath made or shall make any encroachment upontheir Lands shall be removed from thence and proceeded against as by the formerpeace made when the Honourable Francis Morrison was Govern'r and the act ofAssembly grounded thereupon is provided & enacted.
V. That the said Indians be well Secured &defended in theire persons goods and properties against all hurts and injuriesof the English, and that upon any breach or violation thereof, that theaggrieved Indians doe in the first place repaire and adress themselves to theGovern'r Acquainting him therew'th without rashly and suddainly betakeingthemselves to any hostile course for Satisfaction who will inflict suchpunishment on the wilfull infringers hereof, as the Lawes of England or thisCountry permitt, and as if such hurt or injury had bin done to any Englishman,which is but just and Reasonable they owneing themselves to be under theAllegiance of his most Sacred Majestie.
VI. That noe Indian King or Queen be imprisonedwithout a Special Warrant from his Ma'ties Govern'r & two of ye Councill,and that noe other Indian be imprisoned without a warrant from a Justice ofpeace, upon Suffitient cause of Committment.
VII. That the said Indians have and enjoy theirewonted conveniences of Oystering, fishing, and gathering Tuccahoe,Curtenemmons, wild oats, rushes, Puckoone, or any thing else for their naturalSupport not usefull to the English, upon the English Devidends, Alwayesprovided they first repaire to some publique Magestrate of good Repute &informe him of their number and business, whoe shall not refuse them acertificate upon this, any other Lawfull occasion, soe that they make duereturne thereof when they come back and goe directly home about their businesswithout wearing or carrying any manner of weapon, or lodging under anyEnglishman's dwelling house on night.
VIII. That noe fforreigne Indian be suffered to cometo any Englishman's plantacon without a friendly Neighbour Indian in hisCompany with such Certificate as aforesaid, And noe Indian King to refuse tosend a safe Conduct with the fforraigner upon any Lawfull occasion of hisComeing in And that noe Indian doe paint or disguise themselves when they comein.
IX. That all Indian Kings, and Queens tributary tothe English haveing notice of any march of strange Indians neer the Englishquarters or plantacons doe forthwith repaire to some of the next officers ofthe militia, and acquaint him of their nation number and designe, and which waythey bend their Course.
X. That if necessary a convenient party be presently sentout by the next Collo. of the Militia to aide strengthen and joyne, with ourFriendly Indians, against any fforreigne Attempt, incursion, or depredacon uponthe Indian townes.
XI. That every Indian fitt to beare armes of theneighbouring Nations in peace with us, have such quantity of powder and shottallotted him as the R't Hon'le the Govern'r shall think fitt on any occasion,and that such members of them be ready to goe out with our forces upon anymarch against the enemy and to Receive such pay for their good services, asshall be thought fitt.
XII. That each Indian King, and Queen have equallpower to govern their owne people and none to have greater power then other,except the Queen of Pomunky to whom severall scattered Indians doe now againeowne their antient Subjection, and are agreed to come in and plant themselvesunder power and government, whoe with her are alsoe hereby included into thispresent League and treatie of peace, & are to keep, and observe the sametowards the said Queen in all things as her Subjects, as well as towards theEnglish.
XIII. That noe persons whatsoever shall entertaine orkeep any Neighbor Indian as Servant or otherwise, but by licence of ye Govern'rand to be upon obligation answerable for all Injuries and damages by him ofthem happening to be done upon any English.
XIV. That noe English harbour or entertaine anyvagrant or Runnaway Indian, but convey him home by way of pass from Justice toJustice to his owne towne under penalty of paying soe much per day for harbouringhim as by the Lawe for entertaining Runnaways is Recoverable.
XV. That noe Indian of those in Amity with us shallserve for any longer time then English of the like Ages should serve by act ofAssembly, and shall not be sold as Slaves.
XVI. That every Indian King and Queen in the month ofMarch every yeare with some of theire great men tender their obedience to theR't Honourable his Majesties Govern'r at the place of his residence, whereverit shall be, and then and there pay the accustomed rent of twentie beaverskinns, to the Govern'r and alsoe their quit rent aforesaid, in acknowledgmentthat they hold their Crownes, and Lands of the great King of England.
XVII. That due care be had and taken that thoseIndian Kings and Queens their great men and Attendance that come on any publicbusiness to the R't hono'ble the Governo'r Councill of Assembly may beaccommodated with provisions, and housroome at the publique charge. And thatnoe English Subject shall abuse revile, hurt or wrong them at any time in wordor deed.
XVIII. That upon discord or breach of Peace happeningto arise between any of the Indians in amity with the English upon the firstappearance and beginning thereof, and before they enter into any open Acts ofhostility or warr one against another they shall repaire to his MajestiesGoverno'r by whose Justice & wisdome, it is concluded such difference shallbe made up and decided, and to whose finall determination the said Indiansshall Submitt and conforme themselves.
XIX. That for preventing the frequent mischeifes andmistakes occasioned by unfaithfull, & corrupt interpreters, & for themore Safetie satisfaciton, and adgvantage both of the Indians, and English,that there be one of each nation of our neighbouring Indians, that already canor may become capable of speaking of English, admitted together with those ofy'e English to be their owne interpreters.
XX. That the severall Indians concluded in this peaceforthwith restore to the Respective English parents & owners, all suchchildren servants, and horses, which they have at any time taken from them, andnow remaining with them ye said Indians, or which they can make discovery of.
XXI. That the trade with the said Indians becontinued, Limited, restrained, or laid open, as shall make best for ye peaceand quiett of the Country, upon which affaire the Govern'r will consult withthe Counsell and Assembly, and conclude thereon at their next meeting.
XXII. That it is further agreed that all Indians andEnglish in the Province of Maryland are inclined in these Articles of peace.And that neither partie shall offend the other without breach of his Majestiespeace.
of the Indian representatives who witnessed the signing of the treaty.
After this treaty was confirmedpresents were sent to the various Chiefs from England, together with variousbadges of authority. The Queen of Pamunkey received a red velvet cap to whichwas fastened a silver frontlet by chains of the same metal. After remaininglong in the possession of the Pamunkeys at Indiantown, Va., it was given orsold by them between 1840 and 1850 to Mr. Morson, of Stafford county, Va., fromwhose heirs the frontlet was bought by the Association for the Preservation ofVirginia Antiquities and is now deposited with the Virginia Historical Society.the Historical Society owns a small oval medal of rude design inscribed on oneside, "Ye King of" and on the other "Patomecke." This medalwas probably given soon after the treaty of 1677.
Signe and Tribe