Distribution Agreement In presenting this thesis or dissertation as a partial fulfillment of the requirements for an advanced degree from Emory University, I hereby grant to Emory University and its agents the non-exclusive license to archive, make accessible, and display my thesis or dissertation in whole or in part in all forms of media, now or hereafter known, including display on the world wide web. I understand that I may select some access restrictions as part of the online submission of this thesis or dissertation. I retain all ownership rights to the copyright of the thesis or dissertation. I also retain the right to use in future works (such as articles or books) all or part of this thesis or dissertation. Signature: ________________________ __________________ Beverly S. Sylvester Date Negotiating Unacceptable Behavior: Southeastern Indians and the Evolution of Bilateral Regulation on the Southern Colonial Frontier By Beverly S. Sylvester Doctor of Philosophy History _________________________________ Dr. John T. Juricek Advisor __________________________________ Dr. Fraser J. Harbutt Committee Member ___________________________________ Dr. James L. Roark Committee Member Accepted: ___________________________________ Lisa A. Tedesco, Ph.D. Dean of the James T. Laney School of Graduate Studies __________________ Date Negotiating Unacceptable Behavior: Southeastern Indians and the Evolution of Bilateral Regulation on the Southern Colonial Frontier By Beverly S. Sylvester B.A., Kennesaw State University, 1996 M.A., Emory University, 2002 Advisor: John T. Juricek, Ph.D. An abstract of A dissertation submitted to the Faculty of the James T. Laney School of Graduate Studies of Emory University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History 2009 Abstract Negotiating Unacceptable Behavior: Southeastern Indians and the Evolution of Bilateral Regulation on the Southern Colonial Frontier By Beverly S. Sylvester When Indians and Englishmen came into contact on the southern colonial frontier, they brought with them conflicting ideas regarding behavior that was acceptable or – more important – unacceptable. “Unacceptable behavior” is a broad term, which encompasses everything from military invasion to threat to crime to insult to excessive toleration. As trade and other contacts between Indians and colonists multiplied, each discovered more and more ways that the “other” provoked them. Acceptable behavior on one side of the frontier that was unacceptable on the other side inevitably led to reaction and confrontation. Unless they were willing to fight, both were obliged to engage with the other to relieve the pressure. This study explores this clash of behavioral ideals on the southern frontier, from ideological origins, to actual conflicts, to eventual “resolutions” in the intercultural context of the frontier zone. Negotiating Unacceptable Behavior: Southeastern Indians and the Evolution of Bilateral Regulation on the Southern Colonial Frontier By Beverly S. Sylvester B.A., Kennesaw State University, 1996 M.A., Emory University, 2002 Advisor: John T. Juricek, Ph.D. A dissertation submitted to the Faculty of the James T. Laney School of Graduate Studies of Emory University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History 2009 TABLE OF CONTENTS LIST OF TABLES LIST OF FIGURES LIST OF ABBREVIATIONS PREFACE . 1 Chapter Page 1. SOUTH CAROLINA, 1670-1715 . 20 2. SOUTH CAROLINA, 1716-1732 . 38 3. GEORGIA AND SOUTH CAROLINA, 1733-1754 . 59 4. GEORGIA AND SOUTH CAROLINA, 1755-1763 . 107 5. GEORGIA AND WEST AND EAST FLORIDA, 1764-1776 . 154 6. MISBEHAVIOR TRENDS IN THE LOWER SOUTH . 203 CONCLUSION . 237 APPENDIX . 255 BIBLIOGRAPHY . 267 LIST OF TABLES Table Page 1. Number and Percentage of All Cases and Incidents, by Colony. 204 2. Number and Percentage of All Incidents, by Decade. 206 3. All Incidents, by Period. 207 4. Number and Percentage of All Incidents, by Type of Unacceptable Behavior. 208 5. All Incidents, Number and Percentage of Colonist vs. Indian Complaints, by Colony. 209 6. Number and Percentage of All Incidents, by Decade & Colony. 210 7. All Incidents, by Period and Colony. 211 8. Incidents by Type of Behavior and Colony. 212 9. Complaints by Origin and Colony. 213 10. Complaints by Origin and Period. 214 11. Complaints by Origin and Decade. 215 12. Complaints by Origin and Type of Behavior. 217 13. Complaints by Origin, Type of Behavior and Colony. 219 14. Type of Unacceptable Behavior by Period. 220 15. Murder Incidents by Decade and Colony. 221 16. Murder Incidents by Colony and Origin. 222 17. Murder Incidents by Origin of Complaint and Period. 223 18. Theft Incidents by Decade and Colony. 224 19. Theft Incidents by Origin of Complaint and Colony. 225 20. Theft Incidents by Origin of Complaint and Period. 226 21. South Carolina: Type of Misbehavior by Origin of Complaint and Decade. 228 22. South Carolina, Type of Misbehavior by Origin of Complaint and Period. 230 23. Georgia: Type of Misbehavior by Origin of Complaint and Decade. 232 24. Georgia, Type of Misbehavior by Origin of Complaint and Period. 234 25. West and East Florida, by Type of Misbehavior. 235 26. West and East Florida, by Origin of Complaint. 236 LIST OF FIGURES Figure Page 1. Number of All Incidents, by Colony . 205 2. Number of All Incidents, by Decade . 206 3. All Incidents, by Period . 207 4. All Incidents, by Period and Colony . 211 5. Complaints by Origin and Colony . 213 6. Complaints by Origin and Period . 214 7. Complaints by Origin and Decade . 216 8. Complaints by Origin and Type of Behavior . 217 9. Murder Incidents by Decade and Colony . 222 10. Murder Incidents by Colony and Origin . 223 11. Murder Incidents by Origin of Complaint and Period . 223 12. Theft Incidents by Decade and Colony . 224 13. Theft Incidents by Origin of Complaints and Colony . 225 14. Theft Incidents by Origin of Complaints and Period . 226 15. South Carolina: Origin of Complaints by Type of Misbehavior. 227 16. South Carolina: Origin of Complaints by Decade. 229 17. Georgia: Origin of Complaints by Decade . 231 18. Georgia: Origin of Complaints by Type of Misbehavior . 233 LIST OF ABBREVIATIONS CGHS Collections of the Georgia Historical Society CGHS, Habersham Collections of the Georgia Historical Society, volume VI "The Letters of the Honorable James Habersham, 1756- 1775" CRG Colonial Records of the State of Georgia Cuyler MSS The Telamon Cuyler Collection of Governors’ Papers, 1756-1786, University of Georgia Libraries EAID Early American Indian Documents Egmont MSS The Phillipps Collection of Egmont Manuscripts, University of Georgia Libraries Ind Bk 1710-18 William L. McDowell, ed., Colonial Records of South Carolina: Journals of the Commissioners of the Indian Trade, September 20, 1710-August 29, 1718 Ind Bk 1750-54 William L. McDowell, ed., Colonial Records of South Carolina: Documents Relating to Indian Affairs, 1750- 1754 Ind Bk 1754-65 William L. McDowell, ed., Colonial Records of South Carolina: Documents Relating to Indian Affairs, 1754- 1765 Lyttelton MSS Sir William Lyttelton Papers, William L. Clements Library R.S.U.S. “Records of the States of the United States of America.” ed. William Sumner Jenkins (Library of Congress microfilm, 1949) Salley, JCHA SC Salley, A.S., ed., Journal of the South Carolina Commons House of Assembly, 1736-1739 Salley, JGCSC Salley, A.S., ed., Journal of the Grand Council of South Carolina Salley, Jrnl of Col. Herbert Salley, A.S., ed. Journal of Colonel John Herbert, Commissioner Indian Affairs for the Province of South Carolina S.C.C.H.J. South Carolina Commons House Journal S.C.C.J. South Carolina Council Journal SCG South Carolina Gazette SCGCJ South Carolina Gazette and County Journal S.C./ P.R.O. “Records in the British Public Record Office Relating to South Carolina, 1663-1762,” South Carolina Department of Archives and History Stephens, Journal Stephens, William., ed. A Journal of the Proceedings in Georgia Beginning October 20, 1737. 1 Preface From the day Southeastern Indians and English colonists first came into contact, a process of negotiation began by which each side sought to assert control over the actions and behaviors of the other. Whereas Anglo-Indian interaction generally focused on control of land in colonies further north, in the Lower South -- South Carolina, Georgia, and the two Floridas—attention usually focused on the trade that both sides considered vital. Unlike the situation in New England, in South Carolina and later, Georgia and the Floridas, the English encountered native peoples whom they could not quickly dominate. Thus, discussion and compromise were necessary to assure that the trade continued to flow. The following study will explore the process of negotiation that took place in the Lower South from 1670 to 1776, through an examination of the behavioral conflicts recorded for this period. Moreover, it will seek to reveal any existing patterns to the types of misbehaviors each group complained of, how these conflicts were resolved, and how these may have changed over time. While the earliest studies of the native peoples of the Americas focused almost entirely on the policies of Europeans towards the Indians, in more recent times an awareness of the significance of interactions between Europeans, Indians and Africans has led to better understanding of the events that took place and their impact on all the groups involved. With the publication of Verner Crane’s The Southern Frontier in 1928, historians began to take a larger view, and as Crane did, to present the participants of frontier interaction on more equal terms. 2 Studies of specific Indian societies began to address notions of law, or more rightly, law-ways, and to consider how differences in perspectives regarding appropriate or acceptable behaviors influenced the ability of Europeans and native peoples to coexist peacefully. John Phillip Reid’s A Law of Blood published in 1970, for example, delved deeply into traditional Cherokee notions of justice, jurisdiction, and unacceptable behavior, both within the nation and as applied to outsiders.