North Carolina June 17th 1707
☛ We received yours containing the complaint of the Maherine Indians pretending Encroachments made on them by the Inhabitants of this Government &c Upon consideration of which we thought we could not better answer yours than by sending you the true State of that matter being always as willing to give all reasonable Satisfaction concerning our proceedings as Zealous to assert the undoubted Right of the Lords proprietors and her Majestys Subjects of this Government.
Of a long Time before the memory of man the Lands on the Southside ^of^ that River which is now called Maherine were in the Rightfull possession of the Chowanoake Indians by Virtue of a Grant from the Yawpin Indians & no other Indians (as plainly appears by Successive accounts of that Nation by Original Writings and undoubted Evidences) has had any Right to any Land there to this day & when first the Lords Proprietors of Carolina by Virtue of their Charter from his late Majesty King Charles the 2d took possession of this Province that Nation submitted themselves to the Crown of England under the Dominion of the Lords proprietors & continued peaceably till about the year 1675 about which Time by incitement of the Rebellious Indians of Virginia who fled to them they committed hostility upon the Inhabitants of this Government in Violation of their Treaty, whereupon by Virtue of the Authority for making peace and Warr granted to the Lords proprietors by their Charter, open war was made upon the said Indians, in prosecution whereof (by Gods assistance tho' not without the Loss of many men) they were wholy Subdued and had Land for their habitation assigned them where they remained to this day. So that all the Tract of Land on the Southside of the Maherine River was at that Time resigned into the imediate possession of the Lords proprietors of Carolina as of their province of Carolina, and has been peaceably by them held without any Claime now thirty years; during which Time the Maherine Indians removing themselves from their ancient place of habitation (where by Virtue of a Treaty with Commissioners appointed by his late Majty King Charles 2nd they were Settled) placed themselves at the mouth of the Maherine River on the Northside and a great part of the Tract of Land on the Southside lying wast some of their Straglers planted corne and built cabbins on the Chowanacke old fields & continued more & more to make their Incroachments till they became an Intollerable annoyance to her Majestys Subjects commiting repeated Injurys upon their Stocks and makeing frequent affrays upon their persons as far as Moratuck River; for the necessary Redressing of which growing Incroachments and preventing worse mischeifs which is daily threatened and Reasonably feared, the Government here (and which was the least that they in discharge of their Duty could do) held a Treaty with the Chiefs of the said Indians and instead of insisting upon Satisfaction for the wrongs already done were content to make only necessary provision for the Security of her Majtys Subjects for the future. In order to which it was concluded that the Stragling & Vagrant Indians of that Nation should remove to their Town on the Northside of the River, and that Town they should peaceably enjoy for a certaine Tribute, which was as we believe the first Title that ever they had to it for their Treaty with the Commrs aforementioned gives them no more Right to the Land whereon they now Dwell than it would do to Land on the Northside potomack or the Southside of Cape Feare if they should remove themselves to either of those places: & it seems to us yet more advisable & wou'd tend more to her Majtys Service & present Settlement as well of Virga as ^of^ this Province that they in force of their said Treaty and for preserving of their Right to their Majty's protection by Virtue of it, should be Compelled to return to the place of their former habitation, than that they should be Suffered to possess the mouth of a Navigable River considering How they have hitherto behaved themselves, which we Seriously Recommend to your consideration. We need to relate to you our Reasons for makeing the Maherine River the bounds who are all very well acquainted with the Indians planting corne without fence so that no English can Seate near them without Danger of Trespassing by their cattle & Horses & which the Indians & Especially thatt Nation are very ready to Revenge without measure, so that the Question is not between the Right of Lewis Williams and the Maherine Nation but whether near a hundred familys of her Majtys Subjects of Carolina should be disseased of their freehold to lett a few Vagrant & Insolent Indians rove where they please without any Right, & Contrary to their Agreement, besides we have always thought ^it^ necessary that the Indians should live together in Towns where all the ^their^ young men may be under the immediate inspection of their own Governrs to prevent their private Mischiefs that may be more Easily done & concealed in Single & Separate familys.
Your proposition concerning further Settlement We in all friendship recd. but because of the uncertainty we could not proceed to make any Order or proposition in answer to it till by the Copys of the Depositions to be taken on your behalf which we hoped to receive we might have Certain Information how far the Contraverted Grounds was Extended to usward we knowing no bounds to Carolina but Weyanoake River 'till further informed intending no further to enter into that controversie but only to Represent the case to the Lords Proprietors in order to their laying it before her Sacred Majesty Seeing no cause to doubt of the Success in so Clear a Case. To this we add that Lewis Wms can't be called any new Settlement for he had Right to that Land some yeares agoe, & he has been hindered Settleing by those Indians who have dallyed with this Government from Time to Time by promises to Depart and at last being called to Shew reason of their Delay they only could alledge that they had cleared some ground for which they desired Satisfaction and Wms being willing to be in peaceable possession of his Land at any Rate Condissended to pay them a horse and fifteen bushells of corne which was all they at that Time Desired & the Greatest part they have received & ye Remainder has been Tendered but upon their Return from Virginia they have Refused to receive the Remaining part and made a barbarous assault upon him in his own house so that his Life is Doubted of and his family in Danger of further Trouble from which we believe it our Duty to rescue him for we can't interprett your Propositions to mean that in the mean Time any of her Majestys Subjects should be left to the Merciless Insults of Savage people but that every one in the Respective Governments as they are now Deemed should quietly enjoy their propertys till the matter be Determined to which we readily assent and as soon as we know how far you do claime shall take all necessary order in it
We have sent you inclosed copys of such Depositions as we have taken relateing to the bounds and desire you will send us those that have been taken by you according to your promise,
We are
Your humble Servants