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majesty for the purposes therein expressed. God preserve you
The Pardo, 5th of April, 1786.
THE MARQUIS OF SONORA.
To the GOVERNOR of St. Augustine, of Florida.
ST. AUGUSTINE, of Florida, 12th August, 1791.
Let a copy of this royal order be taken in the royal office, and let the original be returned to the department.
That, of the date of the preceding decree, a copy of this royal order, which remains in the office under my charge, and was returned to the office of the government secretary, was taken, according to the orders of the same decree.
It is agreeably to its original, which is in the secretary's office of this government, to which refer; and, in fulfilment of orders, I seal and sign the present testimony, at St. Augustine, of Florida, the 18th of February, 1820.
JUAN DE ENTRALGO.
[*273] *FOURTH ARTICLE OF THE EDICT OF GOOD GOVERNMENT.
The king, our lord, by royal order of the 5th of April, 1786, grants to all the foreigners who may have been inhabitants of this province at the time of the English authority, that they may remain in it, protected in the possession of their land and effects, under the indispensable conditions of taking the oath of fidelity, of not aug.' menting the said lands, nor transferring themselves to any others; consequently, all those who have not conformed and do not conform to the said conditions, within thirty days positively, by proceeding to show me their dispositions, in person, or, if absent, by letters, to do what is proper, shall depart from this province aforesaid.
This is agreeably to the fourth article of the edict of good government, which is in the bureau of war, and was published in this place, with the usual formalities, on the 2d of September, 1790, by order of the political and military governor thereof, as appears from the book of edicts, which is in the archives under my charge,
to which I refer; and, in fulfilment of orders, I seal and sign these presents, at St. Augustine, of Florida, the 18th of February, 1820. Sealed.
JUAN DE ENTRALGO,
Notary of Government.
FLORIDA, St. John's County, ss.
I, James S. Zingle, keeper of the public archives, pro tem., do certify that the above and foregoing twelve pages contain a faithful transcript of the original now on file in my office. Witness my hand, November 29th, 1822.
JAMES S. ZINGLE.
A new decree of the Governor to a memorial presented by Don Juan Johnson, St. Augustine, Florida, 30th August, 1785.
Under date of the 13th July last, it is declared, on sight of the report of the secretary of this commandancy general, Captain Don Carlos Howard, qualified by his majesty to attest and determine on the value and authenticity of every English document that he considered Don Juan Johnson not qualified to execute the sale and alienation of the lot and edifices cited in the annexed memorial, not because he doubted that the said Don Thomas Nixon was then the lawful proprietor, and fully entitled to dispose of the real property which he had in this province, conformably to the tenor of the last treaty of peace, but because the power which Don Roberto Payne, passed to the memorialist Don Juan Johnson, in no manner cites, expresses, or quotes, the letter of attorney, granted by said proprietor Nixon to the said Payne, who gave the power to Don Juan Johnson; consequently, if Don Robert Payne effectively received legal powers from Don Thomas Nixon, his having neglected to pass over the originals, or well authenticated copies, to Don Juan Johnson, makes said Payne, by the mere fact, the principal and only cause of the manifest inability of Don John Johnson to have power to alienate said lot and buildings. And whether it be inadvertence, ignorance of the laws, or any other motive whatsoever, which may *have induced said Don Roberto Payne to fail in so essen- [ *274 tial a point, the property of Don Thomas Nixon cannot be exempted from sharing the same fate as that of several other British subjects who have abandoned their immoveable property without taking measures to sell it; and the same happened to several Spaniards, when, in the year 1763, this province was ceded to Great Britain, the abandoned possessions falling then to the king of England, in the same manner as they now devolve to the king my master, the primitive term of eighteen months, and the succeeding prolongation of four months stipulated for in the last definitive treaty of peace, having ended on the 19th of June last.
I do hereby certify the foregoing to be a true and correct translation from a document in the Spanish language, recorded in a book in the office of the public archives.
Witness my hand and private seal, at the city of St. Augustine, Florida, the 15th December, 1828.
THOMAS MURPHY, Keeper Public Archives, pro tem.
EXTRACTS FROM TREATIES BETWEEN GREAT BRITAIN AND THE INDIANS, OF MARCH 26, MAY 28, AND NOV'R 18, 1765.
To all to whom these presents shall come:
I, William Hurry, notary public, by royal authority, duly admitted and sworn, practising in Liverpool, in the county Palatine of Lancaster, in the United Kingdom of Great Britain and Ireland, and also a master extraordinary in his majesty's high court of chancery in England, do hereby certify, that the annexed sheet of paper contains true copies of an "extract of a treaty between Great Britain and the Chickasaw and Choctaw Indians, signed at Mobile, in the province of West Florida, the 26th of March, 1765." And of an "extract of a treaty between Great Britain and the upper and lower Creek Indians, signed at Pensacola, in the province of West Florida, the 28th of May, 1765." And of an "extract of a treaty between Great Britain and the Upper and Lower Creek Indians, signed at Picolata, in the province of East Florida, the 18th of November, 1765." And of the certificate of Lewis Hertslet, librarian of the state paper office, subscribed to each of such extracts, that the same is a faithful extract from the original treaty deposited in such office: and of the attestation, subscribed to each of the said certificates of Joseph Planta, junior, Esq., under-secretary of state, under the seal of the foreign office, having carefully collected and examined the said copies with the said several origi nal extracts, certificates, and attestations.
In faith and testimony whereof, I have hereunto subscribed my name, and set and affixed my seal of office, at Liverpool, [L. s.] aforesaid, this seventh day of December, in the year of our Lord one thousand eight hundred and twenty-five.
Extract of a treaty between Great Britain and the [ *275 ] Chickasaw and Choctaw Indians signed at Mobile, in the province of West Florida, the 26th of March, 1765.
"ARTICLE 5. And to prevent all disputes on account of encroachments, or supposed encroachments, committed by the English inhabitants of this or any other of his majesty's provinces, on the lands or hunting grounds reserved and claimed by the Chickasaw and Choctaw Indians, and that no mistakes, doubts, or disputes, may, for the future, arise thereupon, in consideration of the great marks of friendship, benevolence, and clemency, extended to us, the said Chickasaw and Choctaw Indians, by his majesty King George the Third, we the chiefs and head warriors, distinguished by great and small medals, and gorgets, and bearing his majesty's commissions as chiefs and leaders of our respective nations, by virtue and in pursuance of the full right and power which we now have and are possessed of, have agreed, and we do hereby agree, that for the future, the boundary be settled by a line extended from Gross Point, in the Island of Mount Louis, by the course of the western coast of Mobile Bay, to the mouth of the eastern branch of Tombecbee river, and north by the course of the said river, to the confluence of the Alebamont and Tombecbee rivers, and afterwards along the western bank of Alebamont river to the mouth of Chickasaw river, and from the confluence of Chickasaw and Alebamont rivers, a straight line to the confluence of Bance and Tombecbee rivers; from thence, by a line along the western bank of Bance river, till its confluence with the Tallotk pe river: from thence, by a straight line, to Tombecbee river, opposite to Alchalickpe; and from Alchalickpe, by a straight line, to the most northerly part of Buckatanne river, and down the course of Buckatanne river to its confluence to the river Pascagoula, and down by the course of the river Pascagoula, within twelve leagues of the sea coast; and thence by a due west line, as far as the Choctaw nation have a right to grant.
"And the said chiefs, for themselves and their nations, give and confirm the property of all the lands contained between the above described lines and the sea, to his majesty the king of Great Britain, and his successors, reserving to themselves full right and property in all the lands to the northward of said lines now possessed by them; and none of his majesty's white subjects shall be permitted to settle on Tombecbee river to the northward of the rivulet called Centebonck."
Governor of West Florida,
Superintendent of the Southern District,
And by 29 kings and chiefs of Indians.
I certify that the preceding is a faithful extract from the original treaty deposited in the state paper office.
Signed in the presence of
LEWIS HERTSLET, Librarian.
JOSEPH PLANTA, Jr.
Under Secretary of State.
FOREIGN OFFICE, August 5, 1825.
[ *276] * Extract of a treaty between Great Britain and the Upper and Lower Creek Indians, signed at Pensacola, in the province of West Florida, the 28th of May, 1765.
"ARTICLE 5. And to prevent all disputes on account of encroachments, or supposed encroachments, committed by the English inhabitants of this or any other of his majesty's provinces, on the lands or hunting grounds reserved and claimed by the Upper and Lower Creek nations of Indians, and that no mistakes, doubts, or disputes, may for the future, arise thereupon, in consideration of the great marks of friendship, benevolence, and clemency, extended to us, the said Indians of the Upper and Lower Creek nations, by his majesty King George the Third, we, the said chiefs and head warriors, leaders of our respective nations, by virtue and in pursuance of the full rights and power we have and are possessed of, have agreed, and we do hereby agree, that, for the future, the boundary be at the dividing paths going to the nation and Mobile, where is a creek; that it shall run along the side of that creek until its confluence with the river which falls into the bay; then to run round the bay and take in all the plantations which formerly belonged to the Yanmasee Indians; that no notice is to be taken of such cattle or horses as shall pass the line; that, from the said dividing paths towards the west, the boundary is to run along the path leading to Mobile, to the creek, called Cassaba; and from thence, still in a straight line, to another creek or great branch, within forty miles of the ferry, and so to go up to the head of that creek; and from thence turn round towards the river so as to include all the old French settlements at Tassa; the eastern line to be determined by the flowing of the sea in the bays, as was settled at Augusta. And we do hereby grant and confirm unto his majesty, his heirs, and successors, all the lands contained between the said lines and the sea coast."
Governor of West Florida,
Superintendent of Southern District,
And by 31 kings and chiefs of Indians,