[Footnote 3: "Report of the Committee appointed to examine into the proceedings of the people of Georgia, with respect to the Province of South Carolina, and the disputes subsisting between the two Colonies." 4to. Charlestown, 1736, p. 121.
This tract was printed by Lewis Timothy. There was no printer in
Carolina before 1730, and this appears to have been one of the
earliest productions of the Charlestown press, in the form of a book.
RICH's Bibliotheca Americana Nova, p. 53.]
"The Committee cannot conceive that a charter from the crown of Great Britain can give the grantees a right or power over a people, who, to our knowledge, have never owned any allegiance, or acknowledged the sovereignty of the crown of Great Britain, or any Prince in Europe; but have indiscriminately visited and traded with the French, Spaniards, and English, as they judged it most for their advantage; and it is as difficult to understand how the laws of Great Britain, or of any Colony in America, can take place, or be put in execution in a country where the people never accepted of, nor submitted to, such laws; but have always maintained their freedom, and have adhered to their own customs and manners without variation or change."
Hence the Committee inferred that the Regulations which were passed by the Trustees, could not be binding upon the Indians, nor serve to effect any exclusive trade with them. Oglethorpe acknowledged this independency of the Indians; and asserted that, in perfect consistency with it, they had entered into a treaty of alliance with the Colony of Georgia; and, having themselves indicated certain terms and principles of traffic, these were adopted and enjoined by the Trustees; and this was done, not to claim authority over the Indians, nor to control their conduct, but to indicate what was required of those who should go among them as traders.
In answer to the allegations that the Carolina traders had been excluded, he declared that, in granting licenses to trade with the Indians, he refused none of the Carolina traders who conformed to the Act, and gave them the same instructions as had been given by the Province of Carolina.[1] He also declared that he had given, and should always continue to give, such instructions to the Georgia traders, as had formerly been given by the Province of South Carolina to theirs; and in case any new instructions given by the Province of South Carolina to their traders shall be imparted, and appear to him for the benefit of the two Provinces, he would add them to the instructions of the Georgia traders; and, finally, that, pursuant to the desire of the Committee, he would give directions to all his officers and traders among the Indians, in their talk and discourses to make no distinction between the two Provinces, but to speak in the name and behalf of his Majesty's subjects[2].
[Footnote 1: "To protect the natives against insults, and establish a fair trade and friendly intercourse with them, were regulations which humanity required, and sound policy dictated. But the rapacious spirit of individuals could be curbed by no authority. Many advantages were taken of the ignorance of Indians in the way of traffic." RAMSAY's History of South Carolina, Vol. I. p. 48. For other particulars stated by him, respecting the trade with the Indians, see p. 89,104.]
[Footnote 2: Report of the Committee, &c., p. 106, 107.]
It seems, however, that the Committee were not satisfied; primarily because licenses were required, and especially that they must come through the hands of the Governor of Georgia.
In a few days after this conference Oglethorpe returned to Frederica. On the latter part of September he renewed the commission of the Honorable Charles Dempsey, impowering him to state to the Governor of St. Augustine terms for a conventional adjustment of the misunderstanding between the two Provinces. This he eventually effected, and a treaty was concluded on the 27th of October following, much more conciliatory, on the part of the Spaniards, than he had expected. This, however, proved ineffectual, and the pleasing anticipations of restored harmony which it seemed to authorize, were shortly frustrated by a message from the Governor of St. Augustine to acquaint him that a Spanish Minister had arrived from Cuba, charged with a communication which he desired an opportunity of delivering in person. At a conference which ensued, the Commissioner peremptorily required that Oglethorpe and his people should immediately evacuate all the territory to the southward of St. Helena's Sound, as that belonged to the King of Spain, who was determined to vindicate his right to it. He refused to listen to any argument in support of the English claim, or to admit the validity of the treaty which had lately been signed, declaring that it had erred in the concessions which had been made. He then unceremoniously departed, with a repetition of his demand, accompanied with menaces.
Perceiving that the most vigorous measures, and a stronger defensive force than the Province could supply, would be necessary to overawe the hostile purposes displayed by Spain, or repel them if put in execution, Oglethorpe resolved to represent the state of affairs to the British Ministers, and straightway embarking, set sail for England.[1] He arrived at the close of the year; and, presenting himself before the Board of Trustees, "received an unanimous vote of thanks, as he had made this second, as well as his first expedition to Georgia, entirely at his own expense."[2]