Brunswick County Virginia

Alexander Spotswood, Her Majestys Lieutenant Governor, Vice Admiral and Commander in Chief of the Colony and Diminion of Virginia To Robert Hix, John Evans, David Crawley Richard Jones and Nathaniel Irby Whereas Her Most Sacred Majesty, by her Order in Council, bearing date at the Court at Windsor, the 26th day of September 1709, hath been pleased to signify her Royal Will and pleasure, that the Trade from this Colony with the Western Indians, be carryed on without any Let, hindrance or Molestation whatsoever, and that no dutys be Leveyed or demanded of any of her Majestys' Subjects of this Colony for any Goods or Merchandizes which shall be carryed by them to the said Indians, or back from thense by way of Trade And Whereas You have represented to me that You are now bound out on a Trading Voyage to several nations of Indians to the South West of this Colony, and desired my Passport for your better protection in your going and returning with your goods and merchandizes, I do therefore, hereby give and grant unto you full License and Liberty to trade and traffick with any nation of Indians whatsoever, except the Tuscaroras, and such others as shall be actually in league with them And I do by these presents Signify to all her Majestys' Subjects of the sevl Colonys & plantations through wch you may have occasion to pass, that it is her Matys' will & pleasure that they suffer and permitt you freely and quietly to pass and Repass with your goods and Merchandizes, without any Lett, hindrance or Molestation, on pretense of any Dutys Or Impositions to be demanded for ye same, or any other account whatsoever, Provided always, that you take a Certificate from the naval officer, that the Goods you carry out of this Colony, are such as have been Legally imported here. Given under my hand and the seal of this her Majestys' Colony and Dominion, at Wmsburgh, the Eleventh day of July 1712.

Virginia Calendar of State Papers, Volume 1, p. 155-156

Know all men by these presents that we Robert Hix of the County of Surry, John Evans, David Crawley, Richard Jones, & Nathaniel Urven of the County of Prince George, in the Colony of Virginia Securitys are held and firmly bound unto Our Sovereign Lady Anne, by the Grace of God, of Great Brittain, France & Ireland, Queen Defender of the Faith &c, in the sum of Three hundred pounds Sterling, to the which payment, well and truly to be made to our said Lady the Queen, her heirs and successors, We and every of us bind ouselves One & every of our heirs Executors and Administrators, jointly and severally firmly by these presents, Sealed with our Seals, Dated the _____ day of July 1712.

The Condition of this Obligation is such, that Whereas, the above bound Robert Hix, John Evans, David Crawley, Richard Jones and Nathaniel Urven have obtained from the honble Alexander Spotswood, her Majty Lieutenant Governor of Virginia a passport or License for Trading with the Western Indians If Therefore, the said Robert Hix, John Evans, & Co shall not by themselves or either of them or their, or either of their servants, during the time of their being out on the present trading Voyage, directly or indirectly trade or Traffick with any of the Tuscarora Indians nor with any other Indians in League or Alliance with them, nor permitt or Suffer such Trading to be carryed on by any person going out in their Company, under the protection of their Passport. And also shall and will well and truly observe & performe all & every the Instructions which shall be given them by her Majestys' said Lieutenant Governor for their better Conduct in the sd Trade, then this Obligation to be void, Or else remain of full force & Virtue. Signed sealed & Delivered in present of . . .

Calendar of Virginia State Papers and other Manuscripts, 1652-1781 Preserved in the Capitol at Richmond, ed. William P. Palmer, M.D., Vol.1, pgs. 155-156, Richmond 1875. (reprint of the Virginia State Library, 1968, Kraus Reprint Corporation).

Contributed by Sidney H.

 

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April the 28th 1708. Present The honble Edmund Jenings Esqr President, Dudley Digges, Benja. Harrison, Robert Carter, John Curtis Esqrs. James Blair, Comry, Philip Ludwell, John Smith, John Lewis and William Churchill, Exqrs. . . Whereas Complaint hath been made to this Board in behalf of Robert Hix, David Crawley and other Indian Traders Inhabitants of this Colony that in the month of September last past the Sd. Complainants being out a trading with the Western Indians & having purchased a considble. quantity of Skins and furrs and left the same in the Towns of a certain nation of Indians called the Usherees, The Governmt. of South Carolina caused all the said skins with diverse other goods belonging to the said Hix and his partners to be seized and carryed to Carolina giveing orders (as the said Hix was informed) at the same time to seize the said Traders in their return and to take from them all they had and to strip them and send them back to Virginia. And that the said Hix haveing afterwards gone to Charles town to know the cause why the Governor had so seized their goods & to endeavour Restitution was obliged to severall weeks attendance and after a considerable expence in presents to the Governor & other persons had orders for Restitution of their goods but that a considerable quantity of the same was still detained without any redress for the same and that at best the Governor of the said province obliged the said Hix to enter into bond under the penalty of five hundred pounds Sterl never to cross Santee River again, and all this without shewing any Reason for so doing This Board takeing the said Complt into Consideration are of the opinion that a letter be written to the Gover of South Carolina to represent to him that this manner of proceeding is altogether new and unprecedented that her Majty first by her royall instructions granted and afterwards confirmed by Law a free trade to all the Inhabitants of this Colony with all Indians whatsoever. That the Council conceive the Government of Carolina have no authority to monopolize all the Indian trade exclusive of her Majties Subjects of her other plantations. That this attempt is so strange and surprizing that we know now what cause to assigne for it, and therefore desire the favour of him to signify to this Governmt whether there be any new authority granted them or other cause happened for intercepting our Trade that was not in being in former years when the inhabitants of this Government enjoyed it without Restraint, and to desire that the bond so extorted may be cancelled and the restriction removed till such pretensions be adjusted, wherein this Board will contribute their endeavour to bring all differences to an amicable conclusion for preserving that good Correspondence that is necessary between Colonys under the same allegiance, but if this way of seizure and interruption is continued this Government can neither in duty to her Majesty nor justice to themselves pass it over, and hope the Government of Carolina will excuse them if they lay their case under her Majestys imediate Consideration and in the mean time use all lawfull ways for righting themselves. Executive Journals, Council of Colonial Virginia, published by The Virginia State Library, H. R. McIlwaine, Editor, 1928, Vol. III, page 177

October the 22d 1708. Present The honble Edmund Jennings Esqr. President. Dudley Digges, William Bassett, Benja Harrison, Henry Duke, Robert Carter Esqrs, Jno Smith, Mr Comry Blair, Jno Lewis, Philip Ludwell, William Churchill Esqrs. A letter from Sr Nathaniel Johnson Deputy Governour of South Carolina dated the 22d of July last in answer to a Letter from Mr President by advice of this board of the 28th of April proceeding relateing to the seizing the goods of Robert Hix and his partners Indian Traders was read in Council and Ordered that an answer be prepared thereof. Executive Journals, Council of Colonial Virginia, published by The Virginia State Library, H. R. McIlwaine, Editor, 1928, Vol. III, page 197.

November the 2d 1708. Present The honbl. Edmund Jennings Esqr President, Robert Carter Esqr, John Smith, James Blair, Henry Duke Esq, and William Churchill Esq. For the better clearing the truth in relation to the interruption given our Traders by the Governr of South Carolina, It is ordered that Robert Hix and Crawley draw up an account of the said Governor's proceedings in the seizure of their Skins & Furs and of all Circumstances relateing thereto & make Oath to the same before Collo Harrison. Executive Journals, Council of Colonial Virginia, published by The Virginia State Library, H. R. McIlwaine, Editor, 1928, Vol. III, page 203.

April the 27th 1710. Present, The Honble Edmund Jenings esqr President, Dudley Digges, Robert Carter, John Curtis Esqrs, James Blair Comry, Philip Ludwell, William Bassett, Henry Duke, John Smith, John Lewis, William Churchill, and William Byrd Esqrs. . . . Whereas her Majesty hath been graciously pleased by her order in Council bearing date the 26th day of Sept, 1709 to order and direct that the Government of South Carolina do not for the future interrupt or molest the Indian Traders of this Colony passing through that Government and whereas diverse of her Majestys Subjects within this Colony have been discouraged from prosecuteing the said Indian trade by reason of the unwarrantable interruptions and exactions of the Government of Carolina To the end therefore that all her Majtys Subjects may be fully informed of her Majestys gracious concessions in their favour It is Ordered that a proclamation issue to publish the same in the several Countys where the Indian Traders dwell And it is Ordered that a Copy of her Majtys said order in Council be sent to the Governor for the time being of South Carolina and that he be desired pursuant to her Majestys pleasure therein to send hither the bond which was illegally extorted from Robert Hix the Indian Trader in order to its being Chancelled. Executive Journals, Council of Colonial Virginia, published by The Virginia State Library, H. R. McIlwaine, Editor, 1928, Vol. III, page 242.

At a Council held at the Capitol the 16th day of October 1713. Present The Honble Alexander Spotswood, her Majesty's Lieutenant Governor &c, James Blair, John Lewis, Henry Duke, William Byrd, John Smith, and William Cocke Esqrs. . . . A Maherine Indian named Mister Thomas being pursuant to the Governor's Orders delivered up by the said Nation for corresponding with the Tuscaruros; And on his examination alledging that he was taken and carryed prisoner by the said Tuscaruros against his Will. It is Ordered that he be delivered to the Greatmen of the said Maherine town to be kept by them, untill it appear how his two Sons who are lately gone in the expedition under the command of Capt Hix shall behave themselves, Or that further proof be made that the said Mister Thomas his Correspondence with the Tuscaruros was involuntary as he pretends. Executive Journals, Council of Colonial Virginia, published by The Virginia State Library, H. R. McIlwaine, Editor, 1928, Vol. III, page 352.

October the 29th 1713. Present The Governor, Robert Carter, James Blair, Henry Duke, J. Smith, J. Lewis, Willm Byrd, Wm fitzhugh, Wm Cocke, Esqrs. . . . Capt Robert Hix Commander of the detachment sent out for discovery of the Indian Settlements on the Frontiers of this Collony, this day attended the Governor in Council & brought with him two Great men of the Tuscoruro Town called Tyahooka whom he found with a great body of that Nation on Roanoak River & the said Indians being examined touching the cause of their coming on the Frontiers of this Government & what their intentions are therein They declared that they were forced to the North side of Roanoake River by the So Carolina Indians, that they had no intention to injure any of her Majesties Subjects, but on the contrary they the sd Great men were now sent by the whole body of their Nation dispersed on Roanoak to beg a peace with this Government that they were unwilling to return to North Carolina & had rather become Tributarys to Virginia & therefore desired to know upon what terms they might obtain a peace & enjoy the protection of this Governmt that they may return & communicat the same to their people having now no other power than only to hear what shall be demanded of them in order to establish a peace Whereupon the Council came [to] this unanimous resolution that the offers of the sd Indians to conclude a peace & become Tributaries to this Government be accepted and that the particular places of settling them & the Satisfaction to be demanded for the former hostilities committed by them in Carolina (if any of these Indians shall be found guilty thereof) be refd till Deputies come from them fully empowered to treat of the Severall articles that shall be thought fitt to be insisted on And the sd Indians being acquainted with the Resolution, promised that they & all their Great men would in 20 days time return with full Power to agree to whatever shall be required of them for concluding a peace with this Government & for that purpose desired passports for their more safe travelling hither which were according granted them

Whereas Capt Robert Hix & Lieut David Crawly who commanded the detachment of the Tributary Indians Sent out by the Governour to discover the settlements of the Tuscoruros have faithfully discharged the Trust reposed in them & have undergone great fatigue in the execution thereof It is the opinion of this Board & accordingly ordered that their be payed to the sd Hix the summe of £12. & to the sd Crawley the summe of £18 out of the money given by the Assembly for the Assistance of North Carolina as a Reward for their Service. Executive Journals, Council of Colonial Virginia, published by The Virginia State Library, H. R. McIlwaine, Editor, 1928, Vol. III, page 358.

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