The Treaty of Augusta (1763) and Map of the Catawba Indian Territory (1764)
The Treaty of Augusta was penned in 1763 following a peace conference between Native Americans of colonial Carolina and European settlers. Encroachment of Native lands by settlers and subsequent conflicts among the two groups were leading to increased hostilities that threatened the safe continuation of trade between the colony and England. Englishmen proposed the treaty in hopes of settling some of these issues and appeasing the Indians with a rather modest tract of land in comparison to what they originally claimed, along with a promise to keep settlers out of their newly established territory. The map discussed here depicts the tract of land promised to the Catawba Indians in the Treat of Augusta, shrinking their original territory–which spanned most of modern South Carolina, North Carolina, and Virginia–to a mere 144,000 acres. The map shown here is a copy of the original, surveyed by Sam Wyly in 1764.
To understand the necessity of the 1763 Treaty of Augusta, one must first understand the motivations and outcomes of the preceding wars between the settlers and the Indians: the Tuscarora and Yamassee Wars. The fight between settlers and the Tuscarora Indians spanned two separate wars, the first taking place from 1711-1712. Motivated by their objection to the settlement of New Bern, North Carolina and the colonists’ mistreatment of their people, the Tuscarora were pushed forward toward violent confrontation with North Carolina, according to historian Thomas Blumer. The Tuscarora attacked the settlers, who had not foreseen the conflict, at dawn on September 22, 1711, killing more than 130 of their opponents and causing the rest to seek refuge in surrounding areas.
In the months to come, North Carolina struggled to establish their own army as the Tuscarora freely pillaged and killed as they wished throughout the countryside. Finally, South Carolina supplied their northern counterparts with an army led by Colonel John Barnwell, and consisting mostly of Yamassee and Catawba Indians. Eager to settle prior disputes with the Tuscarora, the Catawba would fight valiantly alongside the white men of colonial Carolina. However, they quickly lost interest in the battle as they were unaccustomed to longer wars. Some Catawbas gave up and went home while others remained in continued support of Barnwell during his raid of Tuscarora King Hancock’s town on March 1, 1712, at which time they collected Tuscarora slaves for themselves. Enraged by being robbed of his Tuscaroran slave labor, Barnwell lured Indians to Fort Barnwell on the pretext of a meeting, captured those in attendance and shipped them to Charles Town in order to earn the profit that he would have made initially. The result of this poorly planned and executed war was increased distrust for Christians by the Indians. The Tuscarora fled to New York to join alliance with the Iroquois Confederation, at which point they exploited the shared hatred between the Iroquois and the Catawbas to their own advantage. The second Tuscarora war followed just two months later.
The second war was led by Colonel James Moore, who, despite the struggle to gather Indian troops after Barnwell’s failed campaign, successfully established an army of nearly 900 Catawbas and their allies who then joined forces with 140 of the North Carolina militia. The fear was that the Tuscarora would join the Five Nations; however, at this point they mostly remained neutral. Once secure, Colonel Moore and his men laid siege on the Tuscarora at Fort Neoheroka, which fell on March 20, 1713 with 475 Tuscarora being killed, 415 sold into slavery, and the rest fleeing north to the Five Nations. While the second war was much more successful than the first, it promoted hostilities between the Five Nations and the Catawbas, as the Iroquois continually made violence raids of vengeance on the Catawbas until the tribes finally made peace with one another in 1751.
The Catawba were equally as important to the Yamasse War (1715-1716) as they combined with Yamassee Indians to drive the Europeans from the southeast. Blamed more on the Creeks that the Yamassee, the war was motivated by grievances such as cruel treatment of Indians by settlers (including abuses like rape, murder, and the stealing of crops), the instigation of Indian wars to foster the Indian slave trade, as well as the encroachment of white settlers on Indian lands. The sentiment was so widely shared by Indians that nearly every Native American community joined the war effort to secure their safety and rights to the land. In the process of holding several peace conferences, one in July 1715, October 1715, and July 1716, the Yamassee were pushed south of the Savannah River and the war was essentially over. The war ended with the Yamassee fleeing to St. Augustine, and those who were not fortunate enough to make it were sold into slavery. Today, the bloodline is extinct.
Before the Treaty of Augusta took place, the Treaty of Pine Tree Hill (1760) sought to reconcile land disputes that originated when settlers first came to the New World and Indians fought over during both the Tuscarora and Yamassee wars. Once claiming a nation of some 55,000 square miles, the Catawbas struggled to maintain their territorial holdings as settlers came to the Carolinas hungry for free and fertile lands. Knowing that he could not secure the huge land base from the Europeans, Catawba King Haigler negotiated a deal that would hopefully accommodate the settlers while also protecting his people. Pine Tree Hill once served as the capital of the Catawba Nation. However, King Haigler knew that it was no longer a viable option and, in one of the first Indian removals in history, agreed to abandon Pine Tree Hill and move north to the Waxhaw Old Fields. In the agreement, King Haigler claimed two million acres for the Catawbas in exchange for the abandonment of their other territory, which included land in South Carolina, North Carolina, and Virginia. He also reserved Catawba hunting rights to all of South Carolina. In return, Governor Bull of South Carolina agreed to prevent settlers from further encroaching on Catawba land, to remove any trespassers found residing within the boundary, and to construct a fort for their protection.
As was common with Indian treaties, the Catawbas honored the agreement while the Europeans failed to abide by its guidelines. Governor Dobbs of North Carolina also complains that two million acres was much too large a reservation considering the size of the Catawba Indian population. Such disputes and unfulfilled promises led to attacks on the Catawbas, which ultimately resulted in the demand for a second conference and treaty to settle the newly developed issues–the Treaty of Augusta.
After the murder of King Haigler in August 1763, the Catawbas and other neighboring tribes were led by Colonel Ayers in entering the Congress of Augusta and its subsequent treaty to settle their unrest regarding continued land encroachment by settlers. New boundaries were to be set as the Catawbas were asked to surrender more of their land after already giving up millions in the Treaty of Pine Tree Hill. During the conference, the English spoke of lasting peace between the Indians and settlers, and offered to forgive past Indian crimes in hopes of maintaining safe passage for easy trade. It was declared that any offenders of the law, whether white or Indian, were to be put to death for their transgressions, paving the way for a new and more harmonious era of relations between the two communities. Speeches occupy several pages of the treaty, in which a rather close friendship between the Indians and the Europeans alluded to and then discussed at length. The purpose of the treaty appears to have been fairly simple, with its primary goals being to secure the white people, forgive the Indians, and to have the two live together peacefully in a manner that protected trade and other necessary communications. At the end of the conference, the treaty outlined boundaries for Catawba territory that measured approximately 144,000 acres, much less than the 55,000 square miles agreed upon in the Treaty of Pine Tree Hill. At this time, the Catawba Indians had ceded the vast majority of their territory, leaving them with only a small land base to call there own.
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Treaty of Augusta (1763)
Copy of the Nov. 9, 1763 , Augusta treaty of peace with the Creeks, Savannah, read July 9, 1764, C.0. 5/648, E. 84, enclosed with Wright’s Dec. 23, 1763, letter to the Board of Trade.
At a Congress held at Augusta in the Province of Georgia on the tenth day of November in the year of Our Lord One thousand seven hundred and Sixty three, By their Excellencies
James Wright Esquire Governor of Georgia.
Arthur Dobbs Esquire Governor of North Carolina.
Thomas Boone Esquire Governor of South Carolina.
The Honorable Francis Fauquier Esquire Lieut. Governor of Virginia.
And John Stuart Esquire Agent and Superintendent of Southern Indian Affairs.
A Treaty for the preservation and continuance of a firm and perfect peace and friendship Between His most Sacred Majesty George the Third by the grace of God of Great Britain, France and Ireland King defender of the faith and so forth, And the several Indian Chiefs herein named who are authorized by the Kings, Head Men, and Warriors of the Chickasaws , Upper and Lower Creeks, Choctaws , Cherokees, and Catawbas , for and in behalf of themselves and their several Nations and Tribes.
Article the lst
That a perfect and perpetual Peace and sincere Friendship shall be continued Between His Majesty King George the Third and all his Subjects and the several Nations and Tribes of Indians herein mentioned, That is to say the Chickasaws , Upper and lower Creeks, Choctaws, Cherokees , and Catawbas, and each Nation of Indians hereby respectively engage to give the utmost attention to preserve and maintain Peace and Friendship between their People and the King of Great Britain and his Subjects, and shall not commit or permit any kind of Hostilities , injury or damage whatever against them from henceforth and for any Cause or under any pretense whatsoever.
And for laying the strongest and purest foundation for a perfect and perpetual Peace and Friendship, His Most Sacred Majesty has been graciously pleased to pardon and forgive all past Offenses and Injuries And hereby declares there shall be a general Oblivion of all Crimes, Offenses and Injuries that may have been heretofore committed or done by any of the said Indian Parties.
Article the 2nd
The Subjects of the Great King George and the aforesaid Nations of Indians shall for ever hereafter be looked upon as one People and the several Governors and Superintendent engage that they will encourage persons to furnish and Supply the several nations and Tribes of Indians aforesaid with all sorts of Goods usually carried amongst them in the manner in which they now are and which will be sufficient to answer all their wants.
In consideration whereof the Indian Parties on their part severally engage in the most solemn manner that the Traders and others who may go amongst them shall be perfectly safe and secure in their several persons and effects and shall not on any account or pretense whatever be molested or disturbed whilst in any of the Indian Towns or Nations or on their Journey to or from the Nations.
Article the 3rd
The English Governors and Superintendent engage for themselves and their Successors as far as they can that they will always give due attention to the Interest of the Indians, and will be ready on all occasions to do them full and ample Justice. And the several Indian parties do expressly promise and engage for themselves severally and for their several Nations and Tribes pursuant to the full right and power, which they have so to do, That they will in all cases and upon all Occasions do full and ample Justice to the English, and will use their utmost endeavors to prevent any of their People from giving any disturbance or doing any damage to them in their settlements or elsewhere as aforesaid either by stealing their Horses, killing their Cattle, or otherwise, or by doing them any Personal hurt or Injury. And that if any damage be done as aforesaid, satisfaction shall be made for the same, to the party injured, and that if any Indian or Indians whatever, shall hereafter murder or kill a white Man, the Offender or Offenders shall without any delay, excuse or pretense whatever be immediately put to Death in a public manner in the presence of at least Two of the English who may be in the Neighborhood where the Offense is committed.
And if any white Man shall kill or Murder an Indian, such white Man shall be tried for the Offense in the same manner as if he had murdered a White Man and if found guilty shall be executed accordingly in the presence of some of the Relations of the Indians who may be murdered if they choose to be present.
Article the 4th
Whereas doubt and disputes have frequently happened on account of Encroachments or supposed Encroachments committed by the English Inhabitants of Georgia on the Lands or Hunting Grounds reserved and claimed by the Creek Indians for their own use. Wherefore to prevent any mistakes , doubts or disputes for the future and in consideration of the great Marks of Clemency and Friendship extended to Us the said Creek Indians, We the Kings Head Men and Warriors of the several Nations and Towns of both upper and lower Creeks by Virtue and in Pursuance of the full right and powers which We now have and are possessed of Have consented and agreed that for the future the Boundary between the English settlement and Our Lands and Hunting Grounds shall be known and settled by a Line extending up Savannah River to Little River and back to the Fork of little River and from the fork of Little River to the ends of the South Branch of Brier Creek and down that Branch to the lower Creek Path and along the lower Creek Path to the main Stream of Ogeechee River, and down the main stream of that River just below the Path leading from Mount Pleasant and from thence in a straight Line cross to santa Sevilla on the Altamaha River and from thence to the Southward as far as Georgia extends or may be extended to remain to be regulated agreeable to former Treaties and His Majesties Royal Instructions a Copy of which was lately sent to Us.
And We the Catawba Head Men and Warriors in Confirmation of an agreement heretofore entered into with the White people declare that We will remain satisfied with the Tract of Land Fifteen Miles Square a survey of which by our Consent and at our request has been already begun and the respective Governors and Superintendent on their parts promises and engage that the aforesaid Survey shall be completed and that the Catawbas shall not in any respect be molested by any of the Kings Subjects, within the said Lines, but shall be indulged in the Usual manner of Hunting elsewhere.
And We do by these presents give grant and Confirm unto His Most Sacred Majesty King George the Third all such Lands whatsoever as we the said Creek Indians have at any time heretofore been possessed of, or Claimed as our hunting Grounds, which lye between the Sea, the River Savannah and the Lines hereinbefore mentioned and described. To hold the same unto the Great King George and his Successors for ever. And we do fully and Absolutely agree that from Henceforth the above Lines and boundary shall be the mark of division of Lands between the English and Us the Creek Indians notwithstanding any former agreement or Boundary to the Contrary. And that We will not disturb the English in their settlements or otherwise within the Lines aforesaid.
In Consideration whereof it is agreed on the part of his Majesty King George that none of his Subjects shall settle upon or disturb the Indians in the Grounds or Lands to the Westward of the Lines herein before described, and that if any shall presume to do so then on Complaint made by the Indians the party shall be proceeded against for the same and punished according to the Laws of the English.
In Testimony whereof We the underwritten have signed this present Treaty and put to it the Seals of Our Arms the day and Year above written and the several Kings and Chiefs of the several Nations and Tribes of Indians have also set their Hands and Seals to the same at the time and place aforesaid.
The individual marks of all who signed the agreement of the Treaty of Augusta
Fort Augusta, 10th November 1763.
This is to certifie that the above written is an exact and faithfull Copy of the Treaty of Peace and Friendship concluded with the several Governors Assembled and Chief Indians for that purpose.
Fenwicke Bull, Secretary.
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Map of the Catawba Indian Territory (1764)
Copy of a map of the Catawba Indians land surveyed agreeable [to the] agreement made with them by His Majesty’s Government of South Carolina and North Carolina, Georgia and Virginia and Superintendent of Indian Affairs at a congress lately held at Augusta by His Majesty’s Official Command – surveyed by [illegible] Thomas Boone Esq. – Educated and Certified by me 22nd of February 1764. (signed) Samuel Wyly
A map of the Catawba Indian land surveyed agreeable to a treaty entered into with them at Augusta on the 10th day of November 1763 by their Excellencies James Wright Esq. Governor of Georgia, Arthur Dobbi Esq. Governor of North Carolina, Thomas Boone Esq. Governor of South Carolina, the [illegible] Francis Fauquier Lt. Governor of Virginia and John Stewart Esp. agent and superintendent of Indian affairs and the several Indian chiefs. Surveyed by His Majesty’s special command by order of His Excellency Thomas Boone Esq. Governor of South Carolina. Executed and certified by me this day the 22nd of February 1964 – (signed) Samuel Wyly – a true copy certified by me this 17th May 1786 [illegible].
I identify this map to be as true a copy of the Catawba Indian lands in my profession as near as can be, the same being in a mutilated situations with some pieces not to be found. Camden the 17th November 1801 – (signed) James Kershaw