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1739 Treaty of Coweta Town


Proceedings of the Assembled Estates of all the Lower Creek Nation on Saturday the Eleventh day of August Anno Domini 1739.

By Powers from His most sacred Majesty George the Second by the Grace of God King of Great Britain France and Ireland etc. General James Oglethorpe being appointed Commissioner was present in behalf of His Majesty and opened the Assemby by a Speech. There was also present at the said Assembly of Estates the Mico or Chief King of the Coweta Town Chickely Hiniah Mico of the said Town Malachi Mico Son of Brim late Emperour of the Creek Nation and the Chiefs and Warriours of the said Coweta Town and the Mico or King of the Cussitas and Schiskeligo Mico next to the King of the Cusitas Iskeigo third Chief Man of the Cusitas and the other Chief Men and Warriors of the said Town and also Oekachapko one of the Chief Men of the Town of Palachuchuclas Kellate Chief War Captain and other Chief Men and Warriors being Deputys sent with full Power to conclude all things for the said Town Towmawme Mico of the Ufawles with several other Chief Men and Warriors being Deputys and sent with full Power to conclude all things for the said Town Metalcheko War Captain of the Echetees with several other Chief Men and Warriors being Deputies and sent with full Power to conclude all things for the said Town Occullaveche Chief Man of the Chehaws with several other Chief Men and Warriors being Deputies and sent with full Power to conclude all things for the said Town Hewanawge Thalecko Chief Man of the Ockmulge with several other Chief Men and Warriours being Deputys and sent with full Power to conclude all things for the said Town The Mico or King of the Occonys with several Chief Men and Warriors having full Power to conclude all things for the said Town Neaacklo Second Chief Man of the Swagles with several other Chief Men and Warriours being Deputies and sent with full Power to conclude all things for the said Town.

The said Estates being solemnly held and opened at the Square in the Town of the Cowetas and adjourned from thence to the Town of the Cussitas and the Deputys having drank black drink together in the Square according to the antient Custom of their Nation being a Religious from transmitted down by their ancestors the whole Estates Declared by a General Consent without one Negative that they adhered in their Antient Love to the King of Great Britain and to their agreement made in the Year 1733 with the Trustees for Establishing the Colony of Georgia in America a Counterpart of which agreement was then delivered to each Town and the Deputys of the several Towns produced the same. And the said Estates further declared that all the Dominions Territories and Lands from the River Savannah to the River St. Johns and all the Islands between the said Rivers and from the River St. Johns to the Bay of Appalache within which is all the Appalache Old Fields and from the said Bay of Appalatche to the Mountains doth by Antient Right belong to the Creek Nation who have maintained Possession of the said Right against all Opposers by War and can shew the Heaps of Bones of their Enemies Slain by them in defence of the said Lands. And they farther 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 Governours 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 nor any other Persons (Excepting the Trustees for Establishing the Colony of Georgia in America) to settle upon the said Lands. And they do acknowledge the Grant they have already made to the Trustees for Establishing the Colony of Georgia in America [of] all the Lands upon the Savannah River as far as the River Ogeeche and all the lands along the Sea Coast as far as the River St. Johns and as high as the Tide flows and all the Islands as far as the said River Particularly the Islands of Frederica [St. Simons] 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 Bluff to Savannah and the Islands of St. Catherine’s Ossebaw and Sapphelo and they farther declare that the said Lands are held by the Creek Nation as Tenants in Common. The said Commissioner 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 Persons that shall intrude upon the Lands which the Creek Nation hath reserved as above. Given under my hand and Seal at the Coweta Town this twenty first day of August Anno Domini 1739.

James Oglethorpe

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By James Oglethorpe Esqr. General and Commander in Chief of all His Majesties Forces in South Carolina and Georgia etc.

(L.S.) To all His Majestys Subjects [to] whom these presents shall come Greeting.

Know ye that you Are not to take up or Settle any Lands beyond the above limitts Settled by me with the Creek Nation at their Estates held on Saturday the Eleventh day of August Anno Domini 1739 as you shall the same at your Peril answer. Given under my hand and Seal at the Coweta Town this twenty first day of August Anno Domini 1739

James Oglethorpe

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This is a true and authentick Act made in the Square at the Coweta Town and in the Square at the Cusita Town and translated by a sworn Interpreter in the Presence of the within mentioned Indians and undermentioned Britons and by me.
Lieutenant George Dunbar Mr. Robert Mcpherson Brother of Thomas Mcpherson of D[abrade]
Ensign John Leman Mr. John Mackintosh Son of John Mackintosh of Holmes
Adjutant Hugh Mackay Mr. James Mackqueen Son of James Mackqueen of Coribrough
Eneas Mackintosh Esqr. Brother to the Laird of Mackintosh Mr. Kenneth Bailie Son to John Bailie of Balbrobart
John Cuthbert Esqr. of Drackers Mr. John Mackintosh
Thomas Eyres Esqr. Mr. George Cuthbert of the County of Inverness North Britain
Anthony Willy Esqr.

which I do Certifie Thomas Marriott

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Savannah ss. Before us the Baylifs and Recorder of the Town and Country aforesaid, Appeared Mr. .Thomas Wiggins and being duely Sworn Deposed that he was Present at the said Places aforementioned as Interpreter Betwixt the Honourable General Oglethorpe and the Chief [Men] of the Creek Nation above Mentioned and that the substance of the several Sheets of paper hereunto Annexed is a true and faithfull Interpretation of what passed and was Agreed on at the time and places above Specified.

Thos. Wiggins

Sworn this 29 of September 1739
Before us.
Henry Parker
R: Gilbert
Thos. Christie

Source: John T. Juricek, Georgia Treaties, 1733-1763, pp. 95-97, Vol. XI in Alden T. Faughan (gen. ed.), Early American Indian Documents: Treaties and Laws, 1607-1789 (Frederick Md.: University Publications of America, 1989.