Treaty of Peace made and concluded on the one part by the Honble Alexander Spotswood her Majesty’s Lieut. Governor & Commander in chief of the Colony & Dominion of Virginia for and in behalf of the said Colony: And on the other part by Ouracoorass Teerheer of the Nottoway Indians in behalf of the sd Nation.
Done & signed at Williamsburgh the 27th of February 1713
Whereas the Lands laid out and appropriated for the settlement of the Nattoway Indians in pursuance of the Articles of peace made at middle plantation the 29th day of May 1677 being now encompassed by the latter settlements of the English inhabitants, are thereby become inconvenient for the hunting by which the said Indians subsist, in regard, that being oblidged to pass through the plantations of the english, quarrells do often arise to the interruption of good Corrispondence between her Majesty’s subjects and the said Nation of Indians; Whereupon the Teerheer of the said Nottoways having intimated his desire to change his present settlement for one more remote from the English as well for avoiding all occasions of difference with the inhabitants, as for the conveniency of a larger Range for hunting. The Governor of Virginia being desirous to grant so reasonable a request: and at the same time to imploy the Service of the said Nation of Indians (of whose fidelity he hath had several proofs) for the protection of her Majesty’s subjects inhabiting the Frontiers of this Colony, and willing also to Lay hold of this opportunity to improve the favourable disposition of the said Nation towards embracing the Christian faith, by which means the glory of God may be promoted, and the fidelity of the said Indians secured by the stricter Ties of Religion, hath therefore by & with the advice of her Majesty’s Council concluded this present Treaty as follows.
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I.
The said Nation of Indians shall from henceforth continue Tributarys to her Majesty of great Britain and her Successors under the subjection of the Government of Virginia.
II.
The said Indians do consent and promise that as soon as a Tract of Land shall be allotted them for their habitation and a School Master and Minister established among them, all their Children and also the Children of any other Nation of Indians who shall incorporate with them shall be taught the English Language, and instructed in the principles of the Christian Religion. And in the meantime shall send twelve boys to be educated at the Saponie, whenever a School Master shall be established there.
III.
The said Indians shall be faithfull to her Majestys Government of Virginia & maintain a strict peace, Friendship & amity with all her Majesty’s Subjects of the said Colony: and on the other hand if any controvercys shall arise between the inhabitants of the said Colony and the said Indians. Justice shall be done to both partys according to the Laws of the said Colony. Neither shall it be Lawfull for either party to seek redress, by any other means.
IV.
If the said Indians shall at any time discover any Conspiracy carry’d on by any of their own or other Nation of Tributary Indians against the inhabitants of Virginia, or any of the other Indians Tributarys thereto, or that any strange Indians are on their march to attack the sd Colony or its Tributarys, The said Indians shall give immediate notice thereof to the Governor for the time being, and shall be ready with all their Force to Suppress such Conspiracy or forreign Invasion, either by themselves or on conjunction with the Forces of the said Colony. and
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and if any Murders, or thefts shall be committed by any Indians whatsoever upon the English, the said Nation of Indians do promise to use their best endeavours to apprehend the offenders and deliver them up to be punished according to the Laws of Virginia. And it is further stipulated that the said Indians shall hold no Corrispondence with any forreign Indians whatsoever without the Licence of the Governor of this Colony for the time being.
V.
There shall be set out and assigned for the settlement of the said Nation and all other Indians who shall hereafter incorporate with them a Tract of land—between the Rivers of Appomattux and Ronoake
above the inhabitants, equivalent to six miles square, where they may build a Fort and make improvements for the Conveniency and subsistance of their Familys; And moreover there shall be set apart a sufficient Tract of hunting grounds for the said Indians between Roanoak and James River to be bounded in such manner as the Governor shall think fitt[.] And if it should happen that the Lands on those parts be at any time hereafter taken up and patented by her Majesty’s Subjects, as high as the present intended Settlement of the said Indians. So as it may hereby become necessary to remove the said Indians to a further distance, A Tract of the like Quantity of land shall be of new laid out and assigned for their habitation, and sufficient satisfaction made for such improvements as they shall leave behind them. But the said Indians shall not sell or alienate any part of the Lands so to be assigned for them. the same being hereby intended to remain in common to them and their posterity. And all Sales or Leases thereof made by them to any English man upon what consideration soever, are hereby declared to be contrary to this Treaty. Nevertheless it is hereby concluded and agreed that there may be set apart by the Governor of Virginia out of the Lands assigned from time to time for the habitation of the said Indians, a Tract not exceeding two Thousand acres, for the better Support of the Minister and School Master to be established there, and of the officer and men to be appointed for the guard of the said Indian Fort, which Tract shall in like manner remain for
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the use of the sd Minister, School Master, Officer and men, according to the distribution thereof to be made for each respectively by the Governor of Virginia, without being subject to the Alienation, Mortgage or Lease of any of the persons in those imployments Provided always, That if Through mortality or desertion, the said nation of Indians shall decrease to an inconsiderable number, No greater Tract of Land shall be required by them for their habitation than according to the proportion of one hundred acres for each person with the Liberty of hunting on all the unpatented Lands between the said Rivers as aforesaid.
VI.
For the better defence of the said Indian Settlement there shall be maintain’d at the publick charge of the Government of Virginia an officer and twelve men, to reside in their Fort, so long as it shall be found necessary to asist them against any strange Indians, by whom they may be attacked; and to go out with them in their hunting as there shall be occasion.
VII.
During the Continuance of the aforesaid officer & men at the said Indian Fort None of the said Indians shall depart off the grounds allotted for their habitation nor repair to the Towns of the other Tributary Indians, except in Company with some of the English residing at their Fort, Neither shall any of the said Indians depart off their hunting grounds, or come among the inhabitants without the Licence of the Governor, or the Captain of the Fort, or in Company with some englishmen belonging to the said Fort, on pain of being punished at the Governors discretion. Nor shall it be permitted them to hunt on the land of any other Tributary Indians, without the leave of such Tributarys.
VIII.
For the conveniency of the said Indians and for the more regular carrying on the trade, There shall be a publick Mart and Fair kept at their settlement at least six times in a year, where it shall be free for all her Majestys Subjects to resort with their Wares and Merchandizes, and to
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exchange the same with the Indians for their Skins, Furrs and other commoditys; and Magistrates shall be appointed to attend at the said Fairs to see the trade Justly managed: To enquire into any Abuses or injurys offered to the Indians by any of the English residing among them, and to administer Justice in all controvercys that may arise between either party, concerning the same.
IX.
The Articles of Peace made and concluded with the said Nottoway Indians at Middle plantation the 29th day of May 1677, so far as the same are altered by this present Treaty are hereby ratifyed & confirmed, and shall be construed to extend to all the Indians who shall hereafter incorporate with the said Nottoways.
X.
If any infringements be made of this present Treaty by any of her Majestys Subjects within the Colony of Virginia; Upon a representation thereof made by the said Indians. Due reparation and Satisfaction shall be given them therein.
XI.
Whereas the Governor of Virginia did some years ago, in order to encourage the said Indians to send some of their Children to be educated at the Colledge of William and Mary, remitt the annual Tribute of skins, which were payable by the said Indians to the Governor for the time being; And it being stipulated by the first Article of this present Treaty That the said Indians shall continue Tributarys, without mentioning the quality or proportion thereof to be paid by them; The said Governor being still desirous to encourage and promote the Conversion of the said Indians and by easing them in their said Tribute to engage them the more to a faithfull Observance of this present Treaty Doth hereby stipulate and agree with the said Indians, That the said Nation shall only pay as
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as an acknowledgment of their dependance on the Crown of great Britain the yearly Tribute of three Indian arrows to be delivered by the chief man of the said Nation to the Governor or Commander in Chief of Virginia for the time being, yearly on St Georges day at the Palace in Williamsburgh.
The mark of
Ouracoorass
Teerheer of the Nottoway