Columbian museum & Savannah advertiser. (Savannah [Ga.]) 1796-181?, August 05, 1796, Page 178, Image 2

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178 without any known reason tothr Commiflion .* rs of the Ratr, the place has been altered to Mufcoghe, the refuffinre of the Superintcnctam, “"'here the talk of the Indians, in answer to tlie talk delivered by us was manufactured, and where the CommifTtoners of Georgia, owing to the regulations before protcftitd against, had *0 acccfs.—The said pretended answer or talk ol the Indians not being delivered in the usual open manner in the square, face to face, before the Commiflioners of Georgia and the United States, but penned in the camps of certain Agents or InterpteteVs, under the command of the Sunrrintendant, and tranlinittcd not di veCtly, but through the channel of the Com - millioners of the United States to us, without being certified by them, or by any attesting witnefTes, CUiet, Agent.!, or Interpreter. And lor this also, that in attempting to attend one of the conferences, to which the Commiifioji ers oi the United States had invited the Com ini (boners of Georgia, we were infultcd by the lloppage of our Secretary by the centincl of the gauilon picket ; and he having our papers ‘.if were compelled to return, in obedience to the regulations before nienl ioned. We further proteil againfl the Commiflion ers for not permitting 11s to propose queflions, or deliver fentirnents, during the negociation, on the tubjett of Our particular million, with out being under tlv ir conlroul, and overruling arbitrary interleirnce. We further protest. againil the said Commis sioners forevalive conduft towards the Hate and her Commillioners, in offering their fervi es to procure the land atone period, and op enly declaring at another, in open council, that it was not the wilh of the Commillioners of the United States, that the Creeks should part with the lands without their own desire. Thirdly. We proteil again!! the iuperinten dant of Indian allairs for not counteracting cer tain reports introduced into the Creek Nation that the Georgia militia were to encounter the Indians in this place, and certain talks sent there persuading the Indians not to relinquish their claims, t the lauds contemplated to be pitrchaled by the Hate, in the invitation of t.hc Prelident and the aft mentioned aforefaid. Fourthly. We proteH againfl the time and place appointed for holding the treaty, both of which we undcrßaud were recommended by the fuperintendant to Indian affairs, on account of the ftarcity of provisions at such a season, and the poverty of the surrounding country The supplies of the former fwclhng the px fience to an enormous amount, and the latter icing, alt ho’ the property of the fuperinten dant, inconveniently lituated in every refpeft, but more particularly lor our fellow citizens to attend who have fullered from Indian de predations- Fifthly. We proteil againil any cclfion of land, within the territorial limits of the Hate of Georgia by the Creek Indians, to the United States, wljether for the purpose of polls, tra ding houses or otherwifr, without the content of the Hate of Georgia, as contrary to the Bth feftion, of the fir 11 article ol the United State's Conllitution, which declares, “ The Congress “ fliall have power to exercise cxclulivc leg “ iilatjon in all calcs whatsoever, over such “ diilrift (not exceeding ten miles square) as may by celfion of particular Hates, and the “ acceptance of Congress, become the lent of “ government of the United States ; and to cx “ crcile like authority over all places purchased “ by the conlent of the lcgillature of the Hate, in which the fame shall be for the crcdlion of “ forts, magazines, arienals, dock yards, and “ other needful buildings.” Such cclfion for trading houses and garriions being now appli ed lor by the Commiflioners of the United Slates, with land adjacent tor Hock, and to raise corn within the territorial limits of the Hate of Georgia, and which at a future day may militate with the rights of the Hate, and be pronounced binding on h #, r, being now to be concluded on at a public treaty, and perhaps may be ratified by the treaty making power of the United States. Sixthly. We proteil againil the decision of the Commillioners of the United States, given in council to the Chief of the Creek Nation, that the treaties of Augußa, Galphinton and SHoulderbone, held in the year 1793, 1795 and 179 b, whiifl Georgia was a free, sovereign and independent Hate, wuconnefted with the treaty making power of the United States, under the prelent conllitution, were invalid, and of comfe that the celfion of the Talleice county was void. There was no federal compafl againfl such eelTion of treaty, brtween individual Hates and Indian tribes at the time it was made, and if the Unimd States have a right to take a retrof *>eftive view and lop off ceflions of part, of a Hale, made before their authority exilled, the United States may make different ceflions, un til they lop off a whole ffate, and if one Hate fticy may several Hates, the whole having been formed by ceflions at different periods, a me lancholy profpeft, and mote melancholy tie to the union, for the frontier Hate of Georgia. Wc further proteil againil the cotiflruftion of the said Commilfioneis, as to the property the Indians arc made liable for, under the said treaty ot New-York, which contlruftion con fines the demand lor property plundered from our citizens, to a very, humble limit, even as Trfpefls negroes, the only article agreeable to their conftruftion contemplated thereby. Seventhly (3 lastly. We therefore protest. a gainst the payment or liability of payment, of any {hare of the enormous and unaeceifiry c\- pence attending the prelent treaty, by the Hate of Georgia, which fofar from being condufted in a fair, open and honorable manner, the an "fwer ol the Indians one party thereunto, if so it can be called, has been dictated to them in secret council by undue affluence, and cannot be confidcred tneir aniw<'r, and for that th” Hate of Georgia has not had a fair and open op portunity to contrail ior the lands, the plea ol the Chief openly declared bv Aleck Cornel, ami the Bird Tail King, their Speakers, now being, that the refufal to giving up the land was fully determined on in the Nation, and that the Chiefs came inftrufted to abide by that determination, which it ttue, is a fraud on the Hate, and a trick unworthy the dignity and honor of the United States, tranfaftrd through their fuperintendant, to fling one half the ex pence of a treaty to lerve their own purposes, 011 any individual Hate, which could polfihly leap no benefit thereby ; and we do in confc quenc*’ proteil againil any payment or liability wi payment by the liatc of Georgia as afore Columbian &c. said, for or on a< conn* of the fame, urilcfs it may be such necefiaries as the Commillioners ol Georgia or their guard or houfehoid, may have drawn, and lor w inch only the Hate ought to be accountable, TAMES HENDRICKS, ) _ JAMES JACKSON, ( Comm ’ f - JAMES SIMMS. ) l,oners ” By order cf the board of Cowmi/f oners, Thomas Robzktson, Sec’ry. CoLi.tr a in, July 1, 1796. Si R, THE day before the ComrAtffioners on the part of Georgia left us, they sent us a p..per, purporting to be a protefl againil certain pro ceedings had in relation to the wishes or the Hate ol Georgia, to acquire certain lands from the Creeks, at the treaty concluded on the 29th ult. at this place. We read it with that attention due to men in their lituation, and wc can attest, extravagant as the pn.teß is, that, it is of a piece with their whole conduft during their refidencc at this place. The befl answer to it probably would he drawn from the paper itfclf, by every rc llefling mind, after a candid porufal of its con tents. Wc feel, notwithllandrng, a delire to re move fome imprefltons, which are intended to he produced by it ; and this is the objeft we have in giving your Excellency the trouble of reading our comment. It would be fufficient for us to refer you to our letter of this date, the fafls therein being incontrovertible, all the expreflions in the protefl would, of course, have their just weight and no more. But we rnuft enter fotnewhat into detail. Your Coinmif lioners frequently (peaking of over ruling and arbitrary eondufl, forget that it is only appli cable to themselves. It rpay be necessary to observe, tliat they have altogether mistaken the nature of their authority, and have afTunied a high diplomatic charafleC. This we mud iup pofe, or othervvife, that they had willingly flighted the terms and conditions of their ap pointment. Such high, felf-created preten lions, not being yielded to. on our part, is, no doubt, the real ground ol the difeontent appa rent throughout the whole of their perform ance, The regulations mentioned under the firft head, are literally in conformity to inftruftions lugg -Hcd, we can conceive, by the eXperien ;c ol the pair ; and conlo’ ’ll exactly to our (:■■)< ■ of right. We were furpriied that the Commif fioiiers of Georgia, did not themselves difeover a ipocial interelt in thw oblervaoce of fome such regulations, conlidering their tendency to ob viate fome of the dilficu’aes lying in the way ot their own objett, had it been attainable at this treaty, as they were aware of the jealou sies ot the Creeks in all things relating to this Hate. The comment on theferegulations in the pro teH, wc do not pretend to uuderHand. The second, in answer t.o this, which we hope, (though againil appearances) not to be designedly misrepresented, we have to Hate, that the Commillioners of the United States did, on the 171 bof June, and the Commillioners of Georgia on the iß..h, address ihc Chiefs at the square of Negociation in the garrilon, that af ter the latter address, the Cqmmiffioners of the Unit and States said to the. Indians—“ You have this day heard the talk of our brothers, thebe loved men of Georgia. It is a long one, and contains many things. We reqnr.ll you will allow youHclves ‘fufficient time to conlider upon it. That you will conlidef upon the fubjrift with as much copinefs and deliberation, as it you were within your own square, or your own councils in yonr nation. You are in per fect lativy at this place. You may chodfe your ground for deliberation, and fhail then be fe ciue from all interruption.” t The Chiefs, af ter consultations, applied to Mr. Hawkins, and recjucßed,- that he would have them fumillvd with a copy of the talk, delivered them by the Commifltoffdrs ot Georgia, and all other papers referred to in it ; they wished to have them in their own council#, that they might undet flaud every part, before they made up tlieir niinds to reply. Mr. Hawkins replied to Mr. Simms, and Col. Hendricks, who piomifed them in half an hour. June 19. This day the Indians applied for the papers piomifed them yeR-’rdjy, and we wrote to tine Commillioners of Georgia, The Indians have requested us to furnilK them with a copy of the talk you acldi efied to them yes terday, that they may be able to examine ir lei surely in their ‘councils. We have proraifed it to them, and we have to requefl: of you to furnifiius an authentic copy of the Ipeech. to gether with the papers referred to therein, which were fhc\Vn and explained to the In dians. Mr. Robcrtfon, the Secretary to the Com miflioners, called onus and delivered the talk, certified to be a true copy, and cxtraifls from fome of the papers alluded to. He laid the paper containing the claims againil the Indians, was an original; that it would take three days to copy ; that the Commiflioners did not like to trull it in the camp ; but they would fticw it to us, if we were desirous of perusing it. We requeHed we might have the examination ot it at our lodgings. June 20. The Indians fprtat this day in council in a square zvhich they prepared for that purpose in their cum encampment■ Theyreqtiell ed that three of the Interpreters should attend them, and namcdTimothy Barnard, Alex Cor nels and James Burges. They were ordered accordingly. The result of this consultation being deliver ed to us, we gave it to the Commiflioners of Georgia. June 23. Extract from a note to the Com miffioner* ol Georgia. The Commiflioners of the United State* ex pert to fee the Indians this morning, at their square in the Indian encampment, at the requefl of the Indians ; and thry will call on the Com miflionrrs of Georgia to accompany them. June 24. One of the Commillioners of the United States .requelled Capt. Eaton to wait on the Commiflioners of Georgia, and condutl them to the Indian square of negociation. l Extraft from a letter of the Commiflioners of Georgia relative totlm lloppage of their Se cretary : “ A circumt'lance grating to our feelings, &c. which wc arc lorry lor ; asCapt Tinfly has been so polite as to wait on us, to aiTure us it was contrary to orders. Altho’ we are of opinion with Capt. Tinfley, and tit A", him for his attention : wc cannot fos bcai to express, 3cc.” T he Commiflioners of Georgia attended and the council opened. The Commiflioners of the United States by Mr. Hawkins. Reprefcntaves of the Creek land, this paper which I now shew you, is the paper you lent us, in answer to the beloved men of Georgia. We have Ihewnitthem, you are now together face to face : I Pnall read it to you, that you may know whether it is your talk, and your determination. The talk was read paragraph by paragraph, and interpreted. TheCommif fioners enjoined it on all the Interpreters to be particular, as they were on oath, and then put a question to the Chiefs. Q. Is this the talk which you made in coun cil, and lent to the beloved men, Conimiflion ers oi Georgia ? A. Yes, it is the very words we spoke. Q- By the Commiflioners of Georgia. Why did you not. fay this face to face to us, in the square, when we spoke to you ? A. Ihe Chiefs would give no other reason, than that they choolc hrR to fit down together in council wit'll their interpreters- and reduce their talk to writing. But that they were rea dy to gtve it verbally When digelted at any time, and in the square, face to lace; it the Commiflioners choose they Ihould do so. ,Q- % the Connniili mers of Georgia. Is this your usual cuilom, to carrv on Talks in writing ; or do you always give them from the voice in the public fquai” ? A. There are no rules reduced to fyfiem ; when they talk among themselves, it is usual to talk face to face, and to lend heads to afli.ll the memory. But as we had, in this inllance, a talk to deliver to white people, and having out linguiilers all present, we choie to lend our answer in writing. As to the charge of evasive eondufl, v • might rely on the conclufiod of the charge, for an acquital, altho ’ perhaps ; t was not intended, M e did offer our services and continued them ; but we had no wilh, iha” the Creeks should part with their lands without their own consent. By the mitnner of Hating this charge one would iuppofe the gentlemen of Georgia had such a wiih. We told the Commiflioners or Georgia we were iallrufled, had the means, and were atlpoled to further the objefls of their million. v\ e did at one time, expefl they would come forward and make a ler-ious offer; and that we, with the lunos at our diferetion, Ihould lie able to o: tarn the objefl they had in view, by demonllrating to the Creeks, that the sum was an equivalent for the lands, and as this ac - commodation might have attendency to re move all mi 1 under Handing between the par ties. that it would Le for their inter?ll to part with them. Third and fourth. We refer to the utperin tendaut to answer for hijnfelf. Fifth. Needs no comment. Sixt-h. This is unintelligible to us. The Commiflioners ot the United States are Sri opinion, that, under the old confederation, the authority’ to make treaties was veiled in Congress ; and as to the conßrnction relative to the treaty of New-York, we gave the words of the treaty, and the fame ate again inserted in the treaty we have recently conciud"d. 1 he gentlemen Commiflioners set out with an alunnption of powers unwarranted, and close their million in like form. Being un willing to pay a debt contract'd at the requefl of the Hate they protefl againil the payment or liability of payment of the (tat- of Georgia. 1 iie\’ charge that “ the answer of the Indians, one party thereunto, if lo it can lie called, has been dictated to them m ieerri council by un due influence.” This the gentlemen in the lame sentence, deny themselves. They fay, “ the plea of the Chiefs openly declared by Aleck Cornels and the Bird Tail King, their Ipcake/ts, now being that the refufal to giving up the lands was Jull\ determined on d-nthe .nation, and that the Chiefs came inftructccTto abide by that determination.” 1 o this declaration we may add from our diary of the 25th, the following —“ The Corn miffioners then took a retrofperth"’ view of what had been said, recapitulated the mod material parts and concluded, we hope you •vill think seriously on these things, we have come a great way to fettle your difficulties, and wewifh you would to-morrow come and fit down in temper and talk over your affairs with the beloved men of Georgia. We will hear you, and arbitrate between you Your great father has sent us here for that purpose. Fufatchee Mica replied, We do not know wnat more can be said to the Commiflioners of Georgia. IVe have, giv en a decided answer to the requisition for land. If Georgia has any other bufmefs to introduce, let them mention it, that we may know what bufmefs will come before us. If we were to talx again, it would be the fame thing over again. J’hc talk already given is the determ ined voice of the whole representation, and not one of them can be difluaded from his deter mination.—Any proposition on the fubjefl of land will meet the fame answer : therefore this fubje£l is done with, and I cannot fee the pro priety of further conference. I have already told you that our lands were so coiffarfled, that we hardly have ground to hunt upon, and that the nation would not agree, at all to part with any more land.” Wc deem it tmnecefiary to fay any more on this htbjcfl, but to conclude, that it is remarka ble, throughout the protest, that every sentence is at war with fome’ other, and the conclulions drawn, always dcll.oy the preinifes. With our best wishes lor the prosperity of Georgia, we have the honor to be. Your Excellency’s obedient servants. (Signed) BENJAMIN HAWKINS, GEORGE CLYMER, ANDREW PICKENS. His Excellency the Governor of Georgia. yJ N O T I C E. I HAVE purchased a tra£l of I.and of Mr. John Williams, fuuated in Effingham comi ty.” about fifty miles from Savannah, on the Augutla road, half a mile front Savannah river, adjoining lands ol Mr. Hudson, and others. Any person or perions, having, any claims a gainff the said land, are requeHed to make their claims before the deeds are executed. BERNARD BOYI.R, Eor ADRIEN LESEAURES. Savannah,May 20. n0.23.tt Tranjlcifio* from “ l’lmpartial, 0 f the *\th June 1796.” Entry at Cape-Francois t of the comm'rffton delegated to the Leeward IJlands i from France. 22 Florel, 4th year of the Republic. P rest den cy of Citizen Santhcnax. Ts 11R 21 ft h loreal, the diviiion urv* dcr command of capt. Thevenard, charg ed to conduit to St. Domingo the corn million delegated to the Leeward Iflamk” by the executive direftory, arrived within 27 leagues of the Cape, in fight of tirange ; a French schooner, dispatch ed from the Cape, approached it; fig, f-als were made, and loon recognized to oe French ; the cominiflaries were then Uirnifhed with every particular relating to the colony. Capt. Thevenard, after informing the captain of the lchooner cf •.he principal object of his million, gave him orders to proceed to the Cape, to announce his -arrival to the governor general of the colony ; and, in the night, the diiifion approached the entrance of the road. On the 22d, a boat difpatch cd by general La\caux reached the di vifiun. ‘i he secretary of the governor, and one of his aids, were charged to del fiver the following letter to thecommif faries. F.ticnnc Lcteaux , Commander in Chief of *S/. Domingo , to the citizen members of the Colonial Directory. HOW happy is this day, citizens, for all good patriots : you are arrived ; our misfortunes are terminated : you have been expedited like the promiied Melfiah, and in the language of aged Simon, I was about to exclaim, “ Nunc dimittis fervum fecundurn tmium in pace, qui t viderunt occuli mei naves veftras.” Welcome, our favicurs; welcome, libe rators of the colony ; you have been long expected ; the hearts of patriots are already attached to you, both from graiitudean.d zeal for our country. You will learn, with pair , the events that took place or the 30th Fentole. I fend you one of my aids, and citizen Dra peaM, secretary or the government, to whom I lhall enlarge hereatter ; they will tell you fome great truths, upon which I lhall enlarge hereafter; they will tell you of the infinite obligations which myfelf and tl-c whites arc under to citizens P. Leveiiies, P. Michel, Tcuiiant, Lou verture, and others. T hey will inform you that this colony has ne ver been nearer its tomb : one (ingle re source was left me, and I have employ ed it very happily : I have done every thing in my power: come, approve my operations—ianftion them, and all will go well : you will find in me officer diipofed to putin execution every thing which may be ordered by you ; to ie cond is, and will be my ..miy ltudy. I (ball expect jou to dinner tills day. I lhaii give no order but such as proceed irom you ; every thing will remain in the fame state. I fend you, alio, the good citizen, the virtuous Bechat; what linmenie obligations are we all under to him ; may he be ufehsi to you. Etienne Laveaux. The Prejident returned the following An swer. We have received vour affefling let ter, dear general : we fly to your a: ;d ----ance : we will punish all traitors : we will support the amheriiy of the mili tary chief, and we wilt guarantee the effect of all just promiles. At the mo ment we anchor in the road, come on board ; we will confer together upon the means to be employed to check and prevent new plots. We wait for you with the impatience natural to fricao.s who make a feftival of embracing the heroes of the colony. Santhonax. The Profident of the C mmi hon. At four o’clock in the afternoon the divilion entered the road ; it anchored near thedivifton from Bred, command ed by citizen Thomas, which arrived the evening before. The next day at 7in the morning, tire coir.nnfhon in their colthumcs (or official habits) landed, ft was saluted by twenty three difeharges of cannon from every ship in the road; the salute was repeated by the forts. Upon quitting the boat, the commiffi oll was received Dy the governor general, and the municipality. An immense con courfc of citizens, of all ages and sexe s , crowded the paifage : T he molt jov was painted on every countenance . ‘i hc cries of “ Long live the Republic. long live liberty ! long live the Cotn> nt f flan ! long live our friend Santhonax ■ proceeded from every mouth, i streets were strewed with flowers; 3il ’ the female citizens prelected them, decorated with them the members ot - - c commiflion. ‘i lie members ot the c■•■ in mifiiofi were conducted to the UUnw No. 45.