CAMDEN COUNTY, GA -  Levy,Isaac petition  King re:isls of Ossabaw and Sapelo, 

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Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm

http://www.usgwarchives.net/ga/gafiles.htm
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This file was contributed for use in the USGenWeb Archives by:
 Tara D. Fields tutcher@camdencounty.org


Extracted from:
Southeastern Native American Documents, 1730-1842
http://neptune3.galib.uga.edu/
By Tara D. Fields
tutcher@camdencounty.org

March 06, 2004
History and Genealogy of Camden and Charlton Counties, Georgia 
http://www.camdencounty.org

Document: KRC053 
Case on behalf of Isaac Levy Esquire on his application
to his Majesty in council with respect to his right to
a moiety of the Island s of Usuba [i.e. Ossabaw] and
Sappola [i.e. Sapelo] on the confines of Georgia 
date: Uncertain 
extent: 2p 

summary: This undated document pertains to Isaac Levy's
petition to the King of England with respect to his
rights to the Island s of Ossabaw and Sapelo, off the
coast of the colony of Georgia. It outlines the early
settlement of the colony of Georgia and affairs with
the Creek Indians, in particular the Treaty of Coweta
(1739) between James Oglethorpe and the Creeks, in
which the Crown pledged that the Creeks retained their
ancient right to all of the lands in Georgia that were
not already granted to the Crown. The treaty also
reserved the islands of Ossabaw, Sapelo, and St.
Catherine's to the Creeks. The document further
discusses Creek leader Malatchi's grant of the three
sea islands to Thomas and Mary Bosomworth (a.k.a. Mary
Musgrove or Coosaponakeesa). According to this
document, the Upper and Lower Creek Nations recognized
Malatchi as their leader and thereby endorsed his grant
of these three islands to the Bosomworths. In October
of 1754, the Bosomworths went to England and signed a
legal agreement with Isaac Levy to sell him Ossabaw and
St. Catherine's islands. The document further
chronicles Patrick Graham's (President of the colony of
Georgia, 1752-1754) treaty negotiation with the Creeks
in 1755 for the same islands and a similar conference
shortly thereafter with Graham's successor John
Reynolds (Royal Governor of Georgia, 1754-1757). The
Creeks allegedly invalidated Graham's title to the
lands and upheld the original land transfer between
Malatchi and the Bosomworths. This document may be
connected with krc040. 

repository: Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries 
collection: Keith Read 
box: 02 
folder: 86 
document: 01 

Page: [1] [  |  ]
Case on behalf of Isaac Levy Esquire on his --
application to his Majesty in Council with respect to
his right to a Moiety of the Island s of Usuba and
Sappola on the Confines of Georgia which has been
referred to the Lords of Trade & Plantations. 9th. June
1732 --The late King granted Letters Patent of this
date for settling the Colony of Georgia and invested
the Trustees with a [document damaged: Power] to
Purchase and take up Lands from the natural born
Possessors thereof the Indians. --1733.

General Oglethorpe entered into a Conditional Treaty
with the Creek Nations the Original Possessors of the
Lands within the Limits of the intended Colony and on
[added: 21st. Augt. [August]] 1739 sd. [said] Genl.
[General] Oglethorpeon behalf 1739 [illegible] fo:5: of
the sd [said] Trustees of Georgia & on behalf of the
Crown entered into a fur. [further] Treaty with the --
assembled Estates of the Creek Nations whereby the
[document damaged] of the [document damaged] said Creek
Nations to the Crown and to the Trustees were
ascertained, and it was thereby Particularly declared
that the Dominions Territories & Lands from the River
Savanna, to the River Saint John and all the Island s
between the said [document damaged: rivers] and from
the river Saint John to the Bay of Appalache within
which were all the Appalache Old fields and from the
said Bay of Appalache to [document damaged: the]
[illegible] did by ansient [ancient] right belong to
the [document damaged] Creek Nations who [document
damaged] maintained the [document damaged: Island s]
therein agt. [against] all Opposers by force of Arms --
[added: x] under the Protection of the Kings & Queens
of England and that the Spaniards nor no other Nation
had a right to [added: any of] the said Lands and that
they would not suffer for them nor any other Persons
Excepting the Trustees for Establishing the said Colony
to settle upon the said Lands and they did acknowledge
the Grant they had already made to the said Trustees of
all the Lands upon the Savanna River as far as the
River Ogeche and all the Lands along the Sea Coast as
far as the River Saint Johns and as -- high as the Tide
flows and all the Island s as far as the said River
Particularly the Island s of Frederica Cumberlandand
Amelia, But they declared that the [document damaged]
reserved to the Creek Nation the Lands from Pipemaker's
Bluff to Savanna and the Island s of Saint Catherine,
Usaba & Sappola -- And they further declared that all
the said Lands were -- held by the Creek Nations as
Tenants in [illegible] and the said Comr. [Commander]
Oglethorpe declared that [document damaged: the]
English should not Enlarge or take any [document
damaged: other] Lands (except those Granted as above
[document damaged] the Creek Nation to the Trustees --
and Promised and Covenanted to punish any Person that
should Intrude upon the Lands which the Creek Nation
had reserved as above --This Treaty is recorded in an
authentick [authentic] -- manner amongst the records of
the Colony of [document damaged: South] Carolina out of
[unclear: ye] Limitts [Limits] of which Georgia was
taken & [document damaged] [illegible] Secretary's
Office or establishment in Georgia [document damaged]

The Limits of the Lands ceded by the [document damaged]
by this Treaty [document damaged] to themselves to
dispose of at their Pleas[document damaged: ure] also
Precisely set out and the reservation [document
damaged] in the Nature of a Provisoe [Proviso] which
rides [document damaged] the whole Contents of the
Deed, and the General [document damaged: on] behalf of
the Colony has Convenanted and agree[document damaged:
d] to Protect them in the Possession thereof [deleted:
and] Exort [Exhort] his Majesty's authority agt.
[against] all Intrusions. --4th Janry [January] 1747.

Malatchi Opiya Micothe Emperor of the Upper and Lower
Creek Nations and who as such had a right to disposing
of any Part of the Lands or Island s reserved to the
Creek Nations by the Treaty of -- 1739, for the
Considn. [Consideration] of sundry merchandizes
[merchandises] Stores Ammunition Arms and several Head
of Breeding Cattle by feofment [feoffment] of this date
Granted Enfeofed [Enfeoffed] and -- Confirmed to Thomas
Bosom worth and Mary his -- wife their Heirs and
assigns forever -- All that Tract or Tracts of Land
Island or Island s now known or distinguished by the
names of Hussopaor Hussabau Island, Cowlogeeor Saint
Catherine's Island s and Sappola Island bounded as
therein mentioned with [document damaged] thereto
belonging and in a full [illegible] specified -- To
hold unto them Thos. [Thomas] Bosomworth and Mary his
wife their Heirs and asss. [assigns] forever. --4th
Janry [January] 1747 -- 

On the same day Livery of the Possn. [Possession] &
[illegible] of the [unclear: Premes [Premises]] was
delivered to and taken by the said Thomas Bosomworth
and Mary his wife in the Presence of the same witnesses
who attest the deed one of whom was a sworn Interpreter
and signs himself as such & there is a rect. [receipt]
for the [document damaged]

Upon [document damaged] Execution of this Deed, Livery
of [illegible]; and Payment of the [document damaged]
the whole Transaction was recorded in South Carolina
the next adjoining Colony to Georgia as there [document
damaged: was] no Establishment then for Georgia in
order [document damaged] all Parties whom it might
concern might [document damaged] Registration have full
notice thereof. --Mr. Bosomworth did not take this
Conveyance from Malatchi before he was well satisfied
that Malatchi had full Powers to Transact any affairs -
- relative to the Creek Nations, for it appeared that
by an Instrument in writing signed and sealed by all
the Head Men & warriours [warriors] of the Creek
Nations -- [added: [illegible] fo: 9.] and dated on the
14th. Decr. [December] 1747 (about three weeks before
the 4th. Janry [January] 1747. O: S:) they acknowled
[acknowledged] the sd. [said] Malatchi Opiya Micoto be
their Rightful & natl. [natural] Prince [deleted: a]
and that by the Laws of their nation they thought
themselves -- obliged to stand by ratify and confirm
every -- Act and Deed of his as much as if they
themselves were personally Present, and they therefore
made that Publick [Public] Declaration to all the
Subjects of the Crown of Great Britain, that Malatchi
Opiya Micohad [document damaged: full Power & authority
as] their natl. [natural] Prince to Transact all
affairs relating to their Nation as firmly and fully to
all Intents and Purposes as they or the whole Nation
could do if [deleted: personally] Present. --This is
also recorded in the Secretary's Office of South
Carolina for the reasons afsd. [aforesaid] 2d. Augt.
[August] 1750.


Thos. [Thomas] Bosomworth & his wife in order to be
fully secure in their Title applied to the [unclear:
Conl. [Council]] [document damaged] the Upper and Lower
Creek Nations[document damaged: who] being solemnly met
in Council togr. [together] ratified the Grant of
Malatchi Opiya Micoof the said Island s to the said
Thomas – Bosomworth and to their Sister his wife their
Heirs and asss. [assigns] and Promised to warrant the
same to the sd. [said] Bosomworth and his wife their --
Heirs Executors administrators and asss. agt. [assigns
against] the Claim or Claims of any Person or Persons -
- Indian or Indians whatsoever. --This is also recorded
in South Carolina. --The reason the Indians call Mrs.
Bosomworth their Sister is that she was formerly named
Cousaponakeesa and was the rightful & natl. [natural]
Princess of the Upper and Lower Creek Nations --1754 --
[unclear: fo: 15.]


In the year 1754 Thos. [Thomas] Bosomworth and his wife
came to England and Entered into a Treaty with Mr. Levy
which was Carried into Executn. [Execution] by Articles
of the 14th. Octr. [October] 1754 whereby it was agreed
-- 1st. That Bosomworth & his wife shod. [should]
Convey a Moiety of the said Island s to the said Isaac
Levy his Hrs [Heirs] & asss. [assigns] forever on or
before the 18th. Octr. [October] by Proper Conveyances,
and also, That they the sd. [said] Thos. [Thomas]
Bosomworth & Mary his wife shod. [should] in like
manner Convey the sd. [said] moiety of the [illegible]
unto [deleted: [illegible]] and to the Use of the sd.
[said] Isaac Levy his Heirs & [document damaged] Island
s and [illegible] or such Part thereof [document
damaged] shod. [should] be applied for and such
Conveyances -- shod. [should] be imedly. [immediately]
thereupon made and Executed to the said Isaac Levy and
his Heirs of the -- Undivided Moiety thereof as afsd.
[aforesaid] That then the sd [said] 300£, shod.
[should] not be repaid to the said Isaac Levy but
remain to them. -- 4th. It was agreed between the
Parties immedly. [immediately] after such Grant and
Confirmations from the Crown of the [document damaged]
in trust [document damaged] Hrs. [Heirs] -- 2d. -- The
said Isaac Levy agreed -- that after the Execution to
him of such -- Conveyances he would at his own Expence
[Expense] if thought adviseable [advisable] by the
Council of the said -- Thos. [Thomas] Bosomworth and
Isaac Levy Sollicit [Solicit] from the Crown Grants &
Confirmations of the [unclear: Premes [Premises]] unto
the sd. [said] Thomas Bosomworth and his wife --or one
of them and his or her Heirs and agreed to advance them
300£, besides the Expence [Expense] and Trouble of
Solliciting [Soliciting] such Grant & Confirmation and
furr. [further] agreed out of the first rents Produced
or Profits -- which shod. [should] be reced [received]
by the sd. [said] Isaac Levy out of [deleted: the] his
moiety of the said [unclear: Premes [Premises]] to pay
the said – Bosomworth & his wife their [unclear: Execs
[Executors]] [unclear: admors [administrators]] or ass.
[assigns] 200£ more. -- 3d. It was fur. [further]
agreed that if the Applicns. [Applications] for Grants
and Confirmations were not Successful -- that
Bosomworth and his wife and their Heirs on refusal
thereof shod [should] by Proper Instruments mortgage
and assign the other moiety of the said Island s
reserved to themselves as a Security -- for the Money
advanced with Lawful [unclear: Intt. [Interest]] But in
Case such Grants & Confirmations shod. [should] be
obtained from the Crown of the said three [document
damaged] asss. [assigns] forever from & [document
damaged: immediately] as Grants & Confirmations might &
could be obtained from the Crown of Great Britain --
Effectually to establish the sd [said] Right of the --
said Mary and her Heirs to the sd [said] [unclear:
Premes [Premises]] or of such Part of the said
[unclear: Premes [Premises]] as the Crown shod [should]
think fit to make Grant of to the said Thomas
Bosomworth and Mary his wife or either of them their or
either of their Hrs [Heirs] or any Person [document
damaged] of them [document damaged] such Part [document
damaged] Procured, and in Case the said Grants &
Confirmatins. shod. [Confirmations should] be applied
for and refused from and immediately after the Present
Title which the said Thos. [Thomas] Bosomworth and his
wife had to the sd. [said] Three Island s shod.
[should] be found good without such Grants and
Confirmations and from and imedly. [immediately] after
the said Isaac Levy's being in Peaceable and quiet
Possn. [Possession] of the moiety of the [unclear:
Premes [Premises]] -- that a Partnership shod. [should]
be Entered into as therein mentioned, and the Parties
Initially bound -- themselves in the Penalty of 1000£,
Each for Performances of the [illegible]. --17th. &
10th. Octr. [October] 1754}

By Lease & release and Bargain and Sale of this date,
Thos. [Thomas] Bosomworth and Mary his -- wife in
Consn. [Consideration] of 300£, paid by the sd. [said]
Isaac Levy Conveyed to him and his Hrs [Heirs] -- One
undivided moiety of the said [unclear: Premes
[Premises]] with all the Usual Covenants, That they the
sd. [said] Bosomworth & his wife were legally seised
[seized] and had done no Act to Incumber, and for
Peaceable and quiet Enjoymt [Enjoyment] and also
Covenanted at the Charge of the said Isaac Levy to
Levya fine if required and to do any other acts for
further [document damaged: assurances.] There is a
receipt for the Consn. [Consideration] indorsed
[endorsed] -- while Mr. Bosomworth was negotiating
these affairs in England[deleted: the then Govr.
[Governor] of Georgia [illegible]] one Patrick Graham
on behalf of the Trustees obtained a Grant from the
Upper Creeks who live at a great distance from the Sea
and who know nothing of the Particulars of the Purchase
by Bosomworth Decr. [December] 1755

from Malatchi Opiya Mico and in [document damaged:
Decr. 1755] Govr. [Governor] Reynolds Comissioned
[Commissioned] Wm. [William] Little Esqr. [Esquire] to
have a Conference with the Indians with respect to the
Concurring Titles of Patrick Graham and Mr. Bosomworth
and upon the sd. [said] Treaty they declared that it
was True they had signed the Deed to Graham but before
the doing thereof that strict Inquiry had been made if
any of them [unclear: Knew] anything --about the sd.
[said] Island s and they all declared they -- [unclear:
Knew] nothing about them or that they were Possessed or
Claimed by any body and as they were down upon the Sea
Coasts where none of them had ever been and could not
go but in Canoes where perhaps they might be drowned
they did Consent to give them as being of no value to
them and a matter Immaterial and what they knew [added:
nothing] about, and -- being asked which of the Titles
they thought most valid they desired time to consider
thereof and all Parties, (that is to say,) Mr.
Bosomworth who was of that Conference as well as the
Comr. [Commissioner] on behalf of the Crown which now
stood in the right of the Trustees who had Surrendered
their Charter agreed to rest the Matter upon that
Issue. And on the [document damaged] they gave for
[document damaged] That they [document damaged] the
validity of Malatchi's Title in favour [favor] of Mr
Bosomworth, and that Mr.& Mrs. Bosomworth might
cultivate the Lands sell them or do what she pleased
with them, and that they looked upon the Title of
Patrick Graham as worth nothing as the Lands were
before given away and being -- public [illegible] That
they had reserved the Island s and Land as by the
Treaty of 1739, to their Nation and that Mrs.
Bosomworth had produced Title for those Lands they all
declared unanimously -- that the Lands were given to
Mr. Bosomworth and that there were sevl. [several] of
the Head Men there Present that were Evidences to the
deeds and that they had all heard Malatchi their King -
- declare it to be True and that they as the Deputies
of the whole Nation now ratified the same, and being
[pages missing]