to the magiftrates of the places and towns where the feizures were made: His Britannick Majefty promifing the like on his part, as to all feizures, confifcations, or detentions, which may have been made contrary to, the tenor of the faid treaties: Their faid Britannick and Catholick Majefties agreeing, that with refpect to the like feizures, confifcations, or detentions on either fide, the validity of which may not yet have been fufficiently made out, the difcuffion and decifion of them fhall be referred to the examination of the commiflaries, to do therein according to right upon the foot of the treaties here above-mentioned.

The prefent feparate articles fhall have the fame force as if they were inferted word for word in the treaty, concluded and figned this day. They fhall be ratified in the fame manner, and the ratifications of them fhall be exchanged at the fame time as thofe of the faid treaty..

In witnefs whereof we the underwritten Minifters Plenipotentiaries of his Britannick Majefty, of his most Chriftian Majefty, and of his Catholick Majefty, by virtue of our full powers, have figned the prefent feparate articles, and caufed the feals of our arms to be put thereto. Done at Seville the ninth day of November, One thoufand feven hundred twenty nine.

Treaty of alliance and commerce between Great-Britain and the nation of the Cherrokees in America. Sept. 20,

1.

1730.

Fo

ORASMUCH as you Scayagufta Oukah, Chief of the city of Taftetfa, you Scalilofken Ketaguftah, you Tathtowe, you Clogittah, you Kolkannah, and you Ukwanequa, were fent by Moytoy de Telliquo, with approbation of the whole nation of the Cherrokees, in an affembly held at Nikoffen the 14th of April, 1730, to Sir Alexander Cuming, Bart. in Great-Britain, where you

have feen the great King George, at whofe feet the faid Sir Alexander Cuming, by the exprefs order of Moytoy, and the whole nation of the Cherrokees, has laid the crown of your nation, the fkulls of your enemies, and the plumes of honour, as a mark of your fubmiffion: The King of Great-Britain, who has a tenderness for the powerful and great nation of the Cherrokees, his good children and fubjects, has authorized us to treat with you; and in this character we confer with you, as if the whole nation of the Cherrokees, its old men, its young men, its women and children were here prefent: and you ought to look upon the words which we fay to you, as if pronounced from the lips of the Great King your Master, whom you have feen; and we will confider the words. which you fhall fpeak to us, as the words of your whole nation, delivered frankly and fincerely to the Great King Whereupon we give you four pieces of strip'd ferge.

II. Hear therefore the words of the Great King, whom you have feen, and who has commanded us to tell you, that the English in all places, and on both fides the great mountains, and great lakes, are his people and children whom he dearly loves; that their friends are his friends, and their enemies his enemies; that he is pleased that the great nation of the Cherrokees has fent you hither, to polifh the chain of friendship which is betwixt him and them, betwixt your people and his people; that the chain of friendship betwixt him and the Indians of the Cherrokees, is like the fun which gives light, both here and upon the high mountains that they inhabit, and which warms the hearts both of the Indians and the English. And as we fee no fpots in the fun, fo there is no ruft nor dirt on this chain and as the Great King holds one end of it faftened to his breast, 'tis his intention that you fhould take up the other end of the chain, and fix it to the breast of Moytoy Telliquo, and to thofe of your wife old men, your captains and your people, in fuch manner that it may never be broke nor loofed. And hereupon we give you two pieces of blue cloth.

III. The Great King and the Indians of the Cherrokees, being thus united by the chain of friendship, he has order'd his children, the Indians of Carolina, to traffick

with the Indians, and to furnish them with whatever commodities they want, and to build houses, and fow corn with speed, all the way from Charles-Town, to the Cherrokees-Town, on the other fide of the great mountains; for he would have the Indians and the English live together like children of one and the fame family, whofe Great King is their dear father: and forafmuch as the Great King has given his lands on both fides the great mountains to the English his children, he grants the Indians of the Cherrokees the privilege to live where they pleafe. And upon this we give you a piece of red cloth.

IV. The great nation of the Cherrokees being at prèfent the children of the Great King of Great-Britain, and he being their father, the Indians ought to confider the English as brothers, of one and the fame family, and ought always to be ready at the Governor's orders to fight against any nation whatsoever, either Whites or Indians, that fhall moleft or attack the English. And hereupon we give you twenty muskets.

V. The Cherrokees nation fhall take care to keep the way of commerce clean, and that there be no blood in the road where the English white men travel, even though they happen to be accompanied by any other nation at war with the Cherrokces. Whereupon we give you two hundred weight of gunpowder.

VI. That the Cherrokees nation fhall not fuffer any of its people to traffick with any other white men befides the English, and fhall grant leave to no other nation to build any fort or habitation, or to fow corn in their country, either, near any towns of the Indians, or on the lands belonging to the Great King; and if any thing like it be undertaken, you must give advice of it to the English Governor, and act as he fhall order you, for maintaining the rights of the Great King over the lands of Carolina. Whereupon we give you five hundred weight of musket bullets, and the fame quantity of cannon ball.

VII. That in case any negro flave runs away from his English mafter into the woods, the Indians of the Cherrokees fhall do what they can to apprehend him, and bring him back to the plantation from whence he fled, or to the Governor's houfe; and for every negro which

the

the Indians fhall thus retake, they fhall have a mufket, and a fentinel's fuit of cloaths. Whereupon we give you a box full of vermilion, with 10000 flints, and 6 dozen of hatchets.

VIII. That if an Englishman has the misfortune to kill an Indian, the King or Chief of the Cherrokees fhall first of all make his complaint to the English Governor, and the perfon who committed the murder fhall be punished according to the laws, as much as if he had killed an Englishman, and in like manner if an Indian kill an Englishman; the guilty Indian fhall be delivered up to the Governor, who fhall punish him according to the English laws, and as if he was an Englishman. Whereupon we give you twelve dozen of clafp-knives, four dozen of kettles, and ten dozen of bells.

IX. You are to know, that every thing we have said to you are the words of the Great King whom you have feen; and to fhew that his heart is open and fincere to his children and friends the Cherrokees, and their whole nation, he puts his hand into this Bandelier, which he demands may be received and fhewn to your whole nation, to their children and Grand-children, to confirm what has been faid to you, and to perpetuate this treaty of peace and -friendship between the English and the Cherrokees, as long as the mountains and rivers are in being, and as long as the fun fhall fhine. Whereupon we give you this Bandelier.

By order of the Commiffioners at Whitehall, the 30th of

September, 1730.

ALLURED POPPLE

And underneath,

'Tis for the fecurity of Moytoy de Telliquo, that I have feen, examined, and approved of all the articles contained in the above agreement, to which the faid Indians have by my advice given their confent,

Signed,

ALEX. CUMING,

Treaty of peace and alliance, between the Emperor Charles VI. and George II. King of Great-Britain, in which the States of the United Provinces of the Netherlands are included. Made at Vienna, the 16th of March, 1731.

In the Name of the moft Holy and undivided Trinity,

Tit

Amen.

10 all to whom it does or may any way appertain. Be it known, that the moft Serene and moft Potent Prince and Lord, Charles VI. Emperor of the Romans, &c. and the moft Serene and moft Potent Prince and Lord, George II. King of Great-Britain, France and Ireland, together with the High and Mighty Lords the States General of the United Provinces of the Netherlands, having taken into confideration the present unfettled and perplexed state of affairs in Europe, feriously bethought themselves of finding proper methods, not only to prevent thofe evils which muft naturally arife from the cavils and divifions that were daily increafing, but alfo to establish the publick tranquility upon a fure and lafting foundation, and in as eafy and speedy a manner as it was poffible: For this end. their faid Majefties and the faid States-General, being fully animated with a fincere defire to promote fo wholesome a work, and to bring it to perfection, judged it expedient to agree among themselves upon certain general conditions, which might ferve as the bafis for reconciling the animofities, and fettling the differences of the chief Princes of Europe, which as they are heightened among themfelves, do greatly endanger the publick tranquility.

For which purpose, the most high Prince and Lord, Eugene Prince of Savoy and Piedmont, &c. and alfo the moft illuftrious Lord, Philip Lewis, Hereditary Treasurer of the holy Roman Empire, Count of Zinzendorf, &c. and alfo the most illuftrious Lord, Gundacker Thomas, Count of the holy Roman Empire, &c. on the part of his Sacred Imperial and Catholick Majesty; and Thomas Robinson, Efq; Minister of his Majefty of Great-Britain to his faid Imperial and Catholick Majefty, on the part of his Majesty of Great-Britain; and on the part of the High and VOL. II.

C

Mighty