Saturday, November 10, 2007

The Treaty of Ninety-Six, 1775

TREATY OF NINETY-SIX.
SOUTH CAROLINA — NINETY-SIX DISTRICT.

Whereas, misunderstandings but too often precipitate men and friends into quarrels and bloodshed, which, but for such misunderstandings, never could have happened: And whereas the present unhappy disputes between Great Britain and North America, have unhappily occasioned uneasiness between a part of the people living between Broad and Saluda rivers and other adjacent parts, and the other inhabitants of the Colony aforesaid, from misunderstandings as aforesaid, inasmuch as the said part of the people as aforesaid, having tender consciences, declined to accede to the Association signed in Congress on the 4th of June last; and the said other inhabitants thereby thinking that the said declining to accede, proceeded from principles and designs, in them the said part of the people, inimical to the proceedings and designs of the said other inhabitants; and that they, the said part of the people, did mean to aid, assist and join the British troops if any should arrive in the Colony aforesaid, during the present unhappy disputes as aforesaid: And whereas these are all misunderstandings, and it being the sincere wish and desire of all parts of the Colony to live in peace and friendship with each other: Wherefore, for the clearing up of the said misunderstandings, and for the manifestation of the wish and desire aforesaid, Colonel Thomas Fletchall, Captain John Ford, Captain Thomas Greer, Captain Evan McLaurin, the Reverend Philip Mulkey, Mr. Robert Merrick and Captain Benjamin Wofford, deputies for, and sent by the part of the people aforesaid, have repaired to the camp of the Honorable William Henry Drayton, Esquire, acting under the authority of the Council of Safety for this Colony; and, for the purposes aforesaid, it is hereby contracted, agreed, and declared by the Honorable William Henry Drayton, in pursuance of powers vested in him by the Honorable the Council of Safety as aforesaid on the one part, and the deputies aforesaid, in pursuance of powers vested in them by the said part of the people on the other part:
    1st. That the said declining of the part of the people aforesaid, to accede as aforesaid, did not proceed from any ill or even unfriendly principle or design, in them the said part of the people, to or against the principles or designs of the Congress of this Colony, or authorities derived from that body, but proceeded only from a desire to abide in their usual peace and tranquility.2d. That the said part of the people, never did mean to aid, assist or join the British troops as aforesaid; and hereby it is declared, that if at any time during the present unhappy disputes between Great Britain and North America, any British troops shall or may arrive in this Colony, the deputies aforesaid, for themselves and the part of the people aforesaid, by whom they, the said deputies, are authorized, and whom they do represent, declare that if any British troops as aforesaid, shall arrive as aforesaid, they, the said deputies, on the part of the people aforesaid, shall not, and will not give, yield, or afford, directly or indirectly to, or for the use, advantage or comfort of the said British troops, or any part of them, any aid or assistance whatsoever, or hold with them the said troops, or any part of them, any communication or correspondence.
    3rd. That if at any time during the unhappy disputes as aforesaid, any person or persons of the part of the people aforesaid, shall, by discourse or word, reflect upon, censure or condemn, or by any conduct oppose the proceedings of the Congress of this Colony, or authorities derived from them, the said Congress, the Council of Safety, or General Committee, as the case may be, shall, without being deemed to give any umbrage to the part of the people aforesaid, send to any of the deputies aforesaid to make requisition, that any and every such person or persons as aforesaid, offending in any of the premises aforesaid, against the proceedings of the Congress or authorities aforesaid, may, and shall be delivered up to the authority of the Congress, or the tribunals under that authority, to be questioned and tried and proceeded against, according to the mode of proceedings by authority of Congress; and if such person or persons as aforesaid, be not delivered up as aforesaid, within fourteen days after requisition as aforesaid; then, in such case, the Congress or Council of Safety, or General Committee, may, and shall be at liberty to use every means, to apprehend any, and every such person or persons as last aforesaid; and question, try, and proceed against as aforesaid, every such person or persons as aforesaid.
    4th. That if any person or persons who has, or have signed, or shall sign the Association aforesaid, shall, without authority of Congress, molest any person or persons of the part of the people aforesaid, in such case, application shall be made to the said Congress, or Council of Safety, or General Committee, in order that such person or persons so molesting, be punished for, and restrained from molesting as aforesaid.
And it is hereby declared, that all and every person of the part of the people as aforesaid, not offending in or against any of the premises aforesaid, shall, and may continue to dwell and remain at home as usual, safe in their lives, persons, and property. Such being nothing more, than what has been, and is the aim, intention and inclination of the Congress of this Colony, and the authorities under that body.
All persons who shall not consider themselves as bound by this treaty must abide by the consequences.
Done at the camp, near Ninety-Six, this 16th day of September, 1775.
WM. HY. DRAYTON,
THO. FLETCHALL,
JOHN FORD,
THO. GREER,
EVAN McLAURIN,
BENJ. WOFFORD.
Witness,
WM. THOMSON,
ELI KERSHAW,
FRANCIS SALVADOR.