The Colonial Records of South Carolina
JOURNAL OF THE COMMISSIONERS OF THE INDIAN TRADE
South Carolina Department of Archives and History
Publications: http://www.state.sc.us/scdah/publist.htm
The Indian Books: http://www.state.sc.us/scdah/nativeam.htm


August 3, 1711
Att a Board of Commissioners mett by Adjurnment.

PRESENT: Richd. Berrisford, Esq., President, Col. Geo. Logan, Capt. Benja.
Quelch, Capt. Jno. Abr. Motte, Mr. Jno. Guerard, and Mr. Jno. Raven.

Ordered that the Memorial delivered by the Agent to this Board on the 31st of
July past be layd before the Assembly att their Sitting.

Mr. Jno. Wright, the Agent, desiered the Board that Notice might be taken that
he attended the Comissioners according to the Order of the House of Commons.
This Board, being sencible that he did attend accordingly, ordered that the same
be entered, and att the same Time gave the said Agent Orders and Instructions
for his Agency as followeth:

Additional Instructions for the Agent, instead of the 4th Article of our last
Instructions:

That you on Thursday the 16th of this Instant August set out on your Jurney with
all the Dispatch you can to the Yamossee Settlement and hear and determin all
such Rongs and Injuries as are not yett determined; and to gett Bonds from al
Traders that trade without Licences; and you are to inform the Yamossees and all
other Indians where you shall come that they are not compeled to pay any Debts
which have arisen from their traffikin and dealing with the Traders for Rum
since the Date of the Indian Trading Law.

And whereas severall Traders pretend to have Rum Debts before the Date of the
said Law you are diligently to make Enquiry into the Truth of their Pretentions,
and all such Debts as shall be proved before you, make a List thereof and send
itt with all Expedition to us, with which lett us know the prime Cost of such
Rum, and we will take a due Care to lay the same before the Assembly to obtain
an Order on the Publick to pay the Persons concerned with reasonable Advance.
And having dispatched what you find necicary to be done there, you are to
procede from thence by Way of the Palachuccalas to the Savanna Town and there
dispatching what Matters shall come before you, you shall with all Expedition
send Messages to the Wacsaw and Esaw and Cuttabau Indians, apointing the Head
Men of those Nations to mete you at the House of Mr. Benja. Clea, then procede
with the Head Men of the Savanna Nation to the House of the said Clea, where all
Parties being meet, you are strictly to enquire into the Complaints lately made
to this Government by the aforesaid Nations. The which if possible you are to
determin and as near as may be to the Sattisfaction of all Parties, and with an
Account of that and all other your Procedings, return into the Settlement and
lay the same before us; and in Case you cannot sattisfie all Persons in the
Difference aforesaid, then bring them with you into the Settlement in order to
have a Hearing before the Goverment, who having a generall Meeting about the
Middle of October, use your utmost Endevour to be down on or before the 20th of
the same Month.

And if att any Place you shoold mete with any Virginia Traders you are to make
them sencible that their late Pretentions are groundless whilst they trade
without a Licence from this Goverment which if they doe not observe, you are to
put the Act in force of the 25th June, 1711 by seizing their Goods. And whereas
the 19th Article of your last Instructions appears to us to bee ineffectuall by
Reason that no Encouragement is given to the Persons that put in force your
Warrants and other Orders, it is therefore agreed by this Board that you agree
with the Person or Persons imployed to bring down Offenders to Charles Town for
such Sum or Sums as you thinck resonable and draw upon us for Payment.

Also agreed upon Instructions to be given to the Traders:

1st. That your Behaviour be such towards the Indians that they may have no
Reason or Grounds of Complaint either of your Severy towards them or your
unreasonable Proceding in letting your Horses and Hoggs destroy their Cropps,
which is their generall Complaint, nor give them any Offence on any Account
whatsoever.

2dly. That you neither directly nor indirectly carry up, give, sell, or any
other Way dispose of, to and among the Indians any Rum or other Spiritts, and
for the more effectuall Prevention of bringing up any Rum or Spiritts amongst
the Indians, you are strictly charged, and we doe order you that you cause all
Rum and Spiritts brought up by any Indian whatsoever (without Liberty of Rum the
Assembly or Commissioners to) [these words in parentheses struck out in
manuscript] be destroyed.

3dly. And whereas all Debts contracted for Rum or any other Spiritts whatever
are contrary to Law, we doe declare all such Bargains, Sales, and Agrements voyd
and of no Effect and doe strictly charge and command you that you doe not on any
Pretence whatever demand any Pay or Satisfaction for any Debts soe contracted.

4thly. That you compell no Indian or Indians to pay their Relations' Debts any
farther than they are possest of the Effects of the Person deceased unless they
have promist and engaged to pay the same in a publick Manner before the King or
Cheif Men of the Town. Neither shall you compell any Town to pay any private
Debts unless they are or have bin contracted by the Concent and Aprobation of
the King and Cheif Men on any Account or Pretence whatsoever.

5thly. You shall not bargain, agree for, buy or purchase any Slave or Slaves,
Skins, or Furs from any Indian or Indians but in their respective Townes and
sell such Goods and Slaves [that] have ben three Dayes in the said Townes in
their Owners' Possession; and if you shall presume to deale, trade or agree for
such Slave or Goods contrary to the Meaning of this Instruction, such Agrement,
Bargain and Sale is hereby declared voyd.

6thly. And if any Person or Persons shall bring any Goods or Merchandizes,
whatsoever into any Indian Town or Settlement to traffick or trade with any
Indian or Indians for any Slaves, Skins, or Furs without being quallified by a
Licence as the Act directs, you are hereby impowered to seze such Goods or any
Slave or Slaves, Skins, or Furs purchased by the said Persons. And either by
giving your Receipt to the Person or Persons from whom the Goods or Slaves are
sezed, or by sealing up such Goods in the Presence of one or two white Evidences
(to prevent 1mbezlements for which you must be accountable) after which you
shall with all convenient Speed give Notice to the Commissioners or the Agent,
for the Time being, of your Sezure and sealing up as aforesaid and keep the same
in your Custody till farther Orders from the Commissioners or the Agent.

7thly. That you from Time to Time and att all Times in your Jurneyes amongst the
Indians advise and acquaint the Commissioners and the Agent of what shall come
to your Knowledg of all Matters relating to the Safty of the Goverment and
Trade.

8thly. No Indian shall be deemed a Slave and bought as such unless taken in War,
and even those taken in War and made free by their respective Masters when they
have in them a Right and Property soe to doe shall be deemed free Men and
Denizens of the said Nation.

9thly. You shall not permitt or allow any of your Slaves to goe to War on any
Pretence whatsoever.

10thly. If you are a Person thought worthy by the Governour to bear his
Commission in any Post, you shall not abuse itt by making Use thereof to promote
your perticuler Interest with the Indians.

11thly. You shall not export or convey out of this Province any Skins or Furs or
any Indian Slave or Slaves before you pay the Duty for the same as the Act
directs; and if you intend to export any Indian Slave or Slaves, Skins or Furs
by Land to Virginia or elcewhere out of this Province you shall then come down
to Charles Town to enter the same and pay the Duty as the Act directs.

12thly. You are carefully to observe to carry yourself civily and respectfully
to the Agent.

13thly. And that you perform and keep all and singular the Instructions given
you by John Wright, Esq., Agent, or the Agent for the Time being, provided they
be not repugnant to the Law for that Purpose.

Mr. President, informing the Board that Col. James Risbee being gon of this
Province, proposed the choosing a new Comissioner in his Roome, and Mr. Ralph
Izard being proposed, itt was agreed that the said Mr. Ralph Izard be a
Comissioner in the Roome of the said Col. James Risbee. And that the said Mr.
Ralph Izard be acquainted theirwith in order to take his Place att said Board.

The Commissioners, not having drawn any Orders on the Publick for severall past
Meatings, ordered the Secretary to call for the severall Accounts and upon
bringing in the same, the Orders following were drawn on the Publick Receiver,
viz.:

One to Capt. Miles Brewinton for one Pound
One to Mr. Blomier for seven Pound, twelve Shillings
One to Mr. John Hale for nineteen Pound
One to Tho. Barton for three Pound, tenn Shillings.

Agreed that the Orders of this Board be strictly observed and kept.

Adjurned to Wensday the 15th Instant.

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