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186
jrot tfje Columbian 30ufcum,
GENERAL JACKSON'S REPLY,
To the answer ot the late Commissioners of the
United States, lor holding a Treaty with the
Creek Indians, iuicrted in our last Friday's
paper.
TO B e nja min Hawkins, of North Cars
- C.eorce Clymer, if Pennsylvania, and
Andrew Pickens, of South Carolina, late
Cotnmiffiqner* of the United States, appointed hy
l, f Executive thereof , to hold u treaty with the
Creek Indians at Coleraine.
Gent l f.m e n,
YOUR answer to the Proteftof thelate Com
mi(ltoners of tins {fate, contained in a
letter to its executive, of the ill of July, hav
ing been nublifhed ; and as you have triumph
ed in having the lafl word as a million, I fHall
take the liberty a* an individual interfiled in
your denunciation, to Hate a few fafts which
you have concealed, and corrcft otliers, which
you have cither miireprcfentcd or given an im
proper colouring to, and then leave the Arne
ii’ an people to decide, on whom the censure of
arbitrary and extravagant conduct;during the
late Frraty, ought to rest, which vou aflerl is only
applicable to thelate Coinmiffioners of Georgia.
When Colonel Hawkins arrived at Augusta,
on his way to Colerain, lie enquired of Mr.
Simms due one ol ihe Commissioners of Geor
gia) what steps had been taken by the Hate,
relative to tjic Treaty. Mr. Simms informed
him among other matters, that a militia guard
of twenty infantry and fix horsemen , had been or
"dcied out ny the executive, to protest the ar
ticles thought neceflary, on the part of the state.
Mr. Hawkins expo-fled his surprise at the
I’mallnefs of the number, and mentioned that
he fliould have expefted, two or three hundred
“would at lead, have been called out lor the pur
pose. On his anival at Savannah, in dicers
convprfation with ine, the guard was mention
ed without, the nioft distant objection on Mr.
Hawkins’s part ; he even left his servant wiih
lis baggage, to come round in the date veil'd
with ihe guard, under mydireftion. It is true,
that owing to a longer delay than wc expected,
he was earlier font, by Major Habcrftiam at
mv reqneft.
Shortly after General Pickens ailived and
preferring a paftage by lea, the late Coiaimif
tioners of the ft ate offered to accommodate him
in the state veflVl, which he accepted. The
guard (ailed with us. So far liomhis haviiig
any objeftion, the General also expreft’ed his
surprise at its being so Imall, and when on
our arrival at the town of Saint Mary’s, we
were informed that the guard would not be
permitted to land at Coleraine ; the General
■on being told of it, smiled at the idea, and ob
served that it it were rompofed of four or five
hundred men, feme difficulty might be rajfed,
out that thcie could be no room for objection
to so Imall a number.
On our arrival jt Coleraine, however, we
found our information at St. Mary’s, as we
alio did afterwards on the main point, that we
ftiould not get a ceflion of land, true. A guard
ol Federal troops on the Georgia bank, were
po He fled of orders, to prevent a Georgia guard
of militia, ordered there by the Georgia E.xe
cutive, from landing within the ordinary ji'irif
diftion of the state, and a centinel was placed
over tire state vcflel, for that purpole ; and this
gentlemen in compliance with regulations fign
e 1 hy two of you, Benjamin Hawkins and
George Clymer.
Ihe sth and (ith titles of your code, were
the molt exceptionable, and were as follow :
,sth. No citizen is to visit the Indians, or
hold any converlatiOn with them, except with
a permit from the Commissioners of the Uni
ted States, or either of them.
6th No citizen it to be in erms in the garri
son, or neighbourhood of it.
Under the former, every avenue towards
conciliating the affeftions of the Indians, by
the state Commiflioners was Ihut, and of course
•ftefting their objeft.—And under the latter,
our guard were prevented landing, and the
valuable amendment to the Federal Constitu
tion, that A well regulated militia, being
neceflary to the security of a free state, the
rrght of the people to keep and bear arms, shall
not be infringed,” was with the militia laws
ct tne state, and the United States, rendered
mere nullities.
For let me ask, where is Coleraine ? without
or within the aftual and ordinary jurifdiftion
of the state of Georgia You know it to be
several miles within the county of Camden,
and where, until you arrived, the magistrates
and the laws (not your regulations and mili
tary pfotel's) prevailed.
Coleraine is also within a defined Captains
diftrift, Under the laws of the United States,
the citizens resident within it are the militia of
the United States, as well of the state of Geor
gia. Your 6th regulation extended to the
neighbourhood of thd garrison, and that neigh
pourhood was undefined ; no citizen was to
wc in arms in it. The Indian encampment
was greatly extended and your regulations
were tupreme to that extension. It is doubt
ful as the Indians were scattered in hunting
parties, even over Settilla River, if your pow
er did not also reach thither, under the conltruc
tion your regulations would admit “ No citi
xen is to visit the Indians, or hold any conver
sation with them, except with a permit of the
Commiflioners of the United States, or either
of them.” And k is teafonable to suppose,
that if you had plealed to diftnbutc them over
the whole county of Camden, that your regu
lations would have equally operated and the
laws have been fuperceded. No c aptain of
militia, could have muttered his men, and
rnufthave di.armed his company, and thereby
violated the Conlliiution and laws of his coun
try, or have been fubjeft to a breach of your
supreme regulations and military warrants,
which Mr Hawkins declared to Mr. Simms
t ‘v !?? carry into operation, ll
he fpo- and JuftlCC lhe L?nited Statcs wrrc °n
uL C i? CCiVf howev “’ thp “hole of your re-
Geor^ 1 V ny afffain 5 thc citizens of
•lthouol,’ 0 c un " arrantab,c uiurpstion. which
• though confined to a frontier county of Geor
furnre e\’er S r V h !t PrCCCdt ' nt is be in
ure exerciled many other state, as of right
bu^.Dnr 4 U, fe aionS as >’ our juftification,
bu. approve at them as conforming txaftly to
Columbian
your ov.’n fer.fcof right and experience of the
pad : But whether those regulations flowed
from the Executive Cabinet or your own sense
of right, I hold them equally arbitrary anddel
potic, and unknown to our Confutation.
Section 3d, of the 4th article ofthe Constitu
tion of the United States, declares, “ That
Congress shall have po-#rr to dispose of, and
maka all needful rules and regulations refpi-fl
ing the territory, or oilier property belonging
to the United States. Dots Coleraine, gentle
men, come under the defeription of Territory
belonging to thc United States as property,
that you, as theii commiflioncrs, have alfum
ed this authoiity as well over that place as its
undefined neighbourhood ? If so, the state ju
rildiftion is at an end. Are, gentlemen, the
state sovereignties ablorbed, or have you, which
I moll willingly believe, alfuraed those pow
ers from your own sense of right, which Con
gress cannot exercise ? That you have made
rules and regulations for the internal police of
the state of Georgia.
For a breach of your sth rule, you arbitrari
ly iflued an order to the commandant of tire
garrison, to arrest Colonel John Jones, a ref
peftable citizen. and Philip Scott, the state in
terpreter. In vain it is that you plead the law
of the United States, for regulating trade and
intercourse with Indian tribes. If they had
been guilty of a breach of that law, the law
had its ministers—it was not your province to
take cognizance of it. ‘l'wo magistrates were
on the lpot, and a fheriffin the county to exe
cute their commands. Suppose the treaty had
been held in Philadelphia, New-York, Charles
ton or Savannah, and to give you your fullell
plea, you had the garrison at Coleraine to sup
port you. Would your regulations, gentle
men, tupercede the laws, and your powers do
away that of the ordinary magistrate ? Would
the people be contented to fee their privileges
violated, and themfolves deprived the right of
bearing arms l Would thc Governor’s power
of ordering a mutter, or the Corporation’s di
refling a city guard, be nujlities ? And would
the citizens submit to- be taken oft in confine
ment, by your arbitrary mandate, inllead of
the common proccfs of information, on oath
and warrant by the proper officer ? Yet, gen
tlemen, you have done as much within the
ordinary jurifdiflion ofthe state of Georgia,
and where the laws had at full operation as in
either of those cities.
So much, Gentlemfn, for the general head of
your regulations, the comment on which in the
state protest, you do not pretend to understand,
but which I think mull be clear to the moll
common mind ; that by them the Commiflion
ers of the state were debarred from conciliating
the attentions of the Indians, and consequently
elfefting the objeft of their million, the civil
and aftual jurildiftional rights of the state were
infringed, and her consequence in the eyes of
the Indians much lessened. But a day or two
previous to the state Commissioners leaving
Coleraine, and after your forcible explanation
of the new intercourse law, the Indians were
declaring in the garrison, that one Creek could
beat ten Georgians—this your conduft and re
gulations mult have confirmed, for whilst the
citizens ot Georgia were disarmed, the savages
were day and night traversing the county with
fire arms in their hands unmolested. To you
perhaps, the Creeks appear to claim thc pre
ference in your attentions, and the scalping a
lew score frontier families of Georgia, may be
°[ trifling import. This is however, of far
different consequence to us—our hands arc tied
by Congress, from even relenting insult, and
you have tended to initrufl the Indians, that
we may be intuited with impunity.
our anfwev to the lecond head of the pro
ti'fl-, is uncandid, and to take your own words,
delignedly misrepresented ; as the following
e : xtrafts from the journals of the state Coinmif
fioners, will ptove.
Extraft from the Journal of the 18th of June.
“ After the talk, Mr. Hawkins prelfed the In
dians not to be baity in their decision ; to take
time and deliberate. lie informed them that
they were their own mailers, that they knew’
their own interells, and tnuft determine whe
ther or not, to part with their lands ; and if
oppoled to it, they might as boldly declare
their determination at Coleraine, as in their
own towns ; that the foldicrs they saw, were
lent there to protect them and their lands, and
that the United States would protest them, let
their determination be w hat it might.
Sunday, June the iqth
The board received the following letter from
the Commissioners of the Uttited States.
Coleraine, 19th June 1796.
Gentlemen,
The Indians have requested us to furnifh
th*m with a copy of the talk you addreflcd to
theln yesterday, that they may be able to ex
amine it leilurely in their councils—We have
promised it to them, and we have to request of
you to furnifh usanattcftedcopy of the Ipeech,
together with the papers referred to therein,
which were fliewn and explained to thc Indians.
We are, &c- &c.
Signed, . b. Hawkins.
G. Clymer.
A. Pickens.
Hon. Commtflionrrs of Georgia.
Whereupon ordered. That the Secretary do
furnifh the Coninnjhoners with a copy of thc
fpeerhaitd papers requested, which were fur
nifhed accordingly ”
Note. Ihe papers with claims wTre not
copied ; Mr. Robertson reported, that the
Commissioners did not think it neceflary.
Not one word ol any promise of yesterday, in
the Commiflioners letter.
I Ins dav we had private information, that
the Indians were in private council at the Su
perintendents.
Monday, aoth Ju.
Ihe Indians still in private council at the
Superintendants.
Tuesday ajft.
Thisday had private hints that matters were
taking an unfavorable turn—that a negative
would at once have been given us, if we had
not rendered the talk complex, by mingling
the claims for property, and the state Treaties
with the proposals to purchase the land.”
Note, be had no public intimation of this
fqnare in the encampment, from the Commis
sioners of the United States, as their extrafts
from their diary tend to infmuate.
„ The refait of this otfnltatia, which the
Commissioners of the United States fay, was
delivered to the Georgia Commissioners, was
made in the manner following.
Extraft from the Journal of the State Coittmif*
lid tiers, ofthe sad Ot June.
” Mr Hawkins informed the Commissioners,
that it was thc wilh of |the Commissioners of
thc United States, that the State Commissioners
ffiould come up in the evening, and they would
shew us what the Indians had done, and how
far they had answered their talk and the talk
of Georgia
Ihe Commissioners attended accordingly—
when the Commissioners of the L T nited<S:ates,
produced a paper, purporting to be a talk from
the Creek reprelentation, addreflcd to them as
anfwei to the talk delivered on the part of
Georgia.
This mode of proceeding, the board object
ed to, but were informed that no other anfwei
might be expefted, but through the Coinmif
fioners of the United States.”
Extraft from the Journal Os the 13d of June
“ About eleven o’clock thisday, Meflrs. Cly
mer and Hawkins, called on their way to Muf
coghe, and invited the state Commissioners to
go out with them to reply to the Indians r.rt-
Iwer, which they told us they had informed
the Indians, we would do this day—this we
conlidered very strange, as we had not received
the fmallcft intimation of the expectation of
the Indians or thc promile of the Commilfion
ers, until this moment it was to be delivered,
and wc had had the paper, purporting to be
an infwer, but a few hours—lt was mentioned
that we were not prepared.”
Note. We had written the Commissioners
a fine of this morning, to know when wc might
expeft an answer, as the mode of giving it, and
the manner thc paper purporting to be an an
swer was sent, did not appear fatisfaftory.—
1 o which on the 24th, the Commissioners of
the United States replied.
Extract, See.
“ Yesterday was the firft day since that we
could meet them on business, and we called on
you in the morning, to know whether you
would meet thc Indians, and being told that
you would not be ready till this morning, we
did in the presence of the two Commissioners
of Georgia, who attended Our conference with
the Indians, inform them, that you would
meet them this morning on the object of your
million.
The Indians have a square of negociation in
theii encampment, to which they are attached,
and at their request we (hall meet them there.
Signed, See.
On consideration whereupon, refolvcd, That
the board will attend the conference at Muf
coghe, this morning, any thing in the entry of
yesterday notwithstanding, in order that no
censure may be thrown on the board from
negleft of opportunity, to attain the objeft in
view, which the board conceive of the moll
important value to the state.
Mr. Hendricks thc Chairman, being fuftden
ly taken ill, and compelled to keep His bed,
Messrs. Simms and Jack fop, with the Secreta
ry Mr. Robinson, let off lor Mufcoghe, and
after palling the gates were Hopped at the
piquet, and informed that their secretary could
not pass. M'. Jackson, told the centinel, that
he was thc leeretary of the Georgia Commis
sioners, and had their papers —the centinel
answered, he could not help that, he had politive
orders, and he could not pass—on which the
Commissioners conceiving the state insulted,
and the leeretary having tw'o bundles of ne
cessary papers, determined to return.
Resolved, the chairman absent, that a letter
be written to the Commiflioners ot the United
State-, informing them ofthe reaion of our non
attendance at Mufcoghe
Whilst the letter waspreparing, Capt Ti’nf
ley, the officer of the day, called and allured us,
that the centinel had orders to permit us to pass,
and that it was amiftakc of the centinel.
Whereupon it was determined, that though
this might be deemed a fufficient apology, yet,
in order to shew the Commissioners of the
United States, how liable we were to insults
under their regulations, it was still neceflary to
write them, and the following lines were writ
ten them accordingly.
Coleraine, a 4th June, *796.
Gentlemen,
Among a variety of circumstances, which
have happened here since our arrival, grating to
our ieelings, one has just happened, which we
are lorry for, as Captain Tinfley, has been so
polite to wait on and assure us, it was con
trary to orders, and we wefe on the way to
meet you at the conference. We have been
flopped by the piquet, which rtfufed the paf
lage of our secretary—he had our papers, and
we were compelled to return. Altho we are of
opinion with Captain Tinfley, and thank him
for his attention, we cannot forbear to expfels
how much we feel, that we should be at all lia
ble to such interruptiorfs in the exercise of our
duty to our country.”
Signed, J. Jackson.
J Simms.
Hon, Commissioners of theU. States
Note. Captain Eaton, waited on the Hoard
with a line from the Commissioners, who in
formed thc Commissioners of Georgia, he came
to conduft them,
“ Resolved, That the Commiflioners willa
gairi attempt to attend the conference, and went
under theaufpiceS ot Capt. Eaton. The centi
nel again attempted to Hop Mr. Simms, and
would no doubt from his aftions have done
so, had not captain’ Eaton been prelent.
Being at length arrived at Mufcoghe, the
Commiflioners previous to delivering the re
ply or talk agreed on, thought it proper to de
mand if the talk sent through thc Commiflion
ers of the United States, was their lentiments.
The talk ot thc Indians to the Commission
ers of Georgia was read over to them, excep
ting the lall claule about the Indians killed,
which Mr. Hawkins declined talking about,
thinking it as we supposed, their province and
not ours, and Aleck Cornels their interpreter
was greatfy confufed in explaining it, and very
much at a lot's, altho’ it was declared, that he
was the perlon that in behalf of the nation had
afted as the Indian mouth, and had delivered
their talks to Mr. Barnard, who wrote it down
—it appeared to all present that he did not
know his own talks again.
The following questions and anfwer* were
then made, and the fpeecli of Cornel*, herein
after ini'crted, delivered
Cuejhons.-Thr. Co mm iffiorxer of Gw
TA'illi to know what 11 the reason, that you 5
not go to the square where you heard
talk, and tell them this face to face > The
Tail King said they had appoimed thi, i" 4
Aleck Cornel, ro (peak for Vm, that he had
giv en him his mouth—alk him any nurll.r*
and he will answer. c tlo1 *
Aleck Cornels —They can give no other rea-
Ton for tt, but that they could set down W
themselves, with their Interpreter*, and talk t
over, and fena it in writing to you-that if vo
meaning the Commtttionrr* of the Un,- a
States,) wiffied it talked over face to face, they
will go into the square, and deliver it verbil'/
Commi/fioners of Georgia
We wiffi to know if this is common i n the
nation, when they give public talks to ead,
other whether they meet in the square, and
give their talks—or reduce it to writing
Answer— There are no bounds or fit rule*
■or their talks that when they give their talkr
to the red people, they talk to face— th-u
----commonly give beads and other things wrh
the.f talks—but as they were talking to whhe
people, they chose to give it in writing,
if U was not right they might talk it lace tn
face.
Gen. Jackson—How comes it that if vo *
are the mouth ol the nation and gave this talk
that you were so much llaggered in explaining
it again? r *
He appeared confufed—here Col. Hawkins
interrupted General Jackson, and forbid
answer.
Mr Barnard said if they would give him
leave lie would give the reason, which was
that in taking it down, he had differed the
flylc, which was the reaion Mr. Cornels could
not explain it again.
General Jackson ohferved—That in chang
ing thc flyle, he might also change the mean
ing—he declared he had not.
Here Col. Hawkins interrupted him. and
said he had a question to alk, which was—
Have you any thing more to fay to the Com
millioners of Georgia, exclusive of the papen
I have not yet mentioned, concerning retalia
tion.
Aleck Cornels laid—l am going to expi f*
myfelf to my friends, brothers, and fathers—
I am going to inform you that it is the general
voice ofthe whole nation—the Chiefs th“iear.“
a full representation, and the Bird Tail King
is speaker.—l do not wifli to trouble you with
a great deal of talk, or tiie your patience—my
talk will be flmrt—the talk I have given yok
in writing is the talk of the who!* nation, and.
if they were all here prel'ent, there would he
no other talk given.—A* for talking any more,
it is ulelefs to dweil any more about the land,
unless you mean to drive us off, and take it
from us by force—if so wc cannot help it.—ls
the lharp weapons that we have are to be taken
from us (their guns) we have no other reme
dy but to depend on th? white people.
We have been this long while—hungry
and fitting on the talks.—we ha>-e fl.iid a long
time—we now wifli to be gone home, and if
you have any thing more to fay, we wifli yoit
to finiffi it to day.
General Jackson asked how they could be*
hungry, when thev had been plentifully fuppli*
eel, and said to him, when the President in
formed you, that letting Georgia have the land,
was what you were to com ‘ for.'—Why couli
you not have sent word down without coming,
if you were determined not to part with it *
Yon have been feeding on Georgia a good,
while, at a very great cxpence—could vou not:
have given the answer in the nation ?
Col. Hawkins—That is an- improper qurf
tion. The President sent for them—we think,
it our duty to mention one thing to the whole
nation—attend brothers of the Creek land.—•
In one of the answers your fpeaker has given,
he has intimated that the people of Georgia are
capable (meaning able) of taking your lands
from you—your brothers of Georgia cannon
take the land from you—the United States ii*
the 3th article of the treaty at Ncw-York, havt?
pledged their faith, that the land is yours, aml
they will protest you in it.
General Jackson took this opportunity tr
mention the treaty of Shoulderbcne, which the
Indians had complained of, in their answer,
as not being represented at it, and asked what:
can make the difference between that treaty aiuS
this ? There were twenty kings there prclcnt,
and there are but. twenty-two here ; can two
kings make such a difference ? Cornels said,
that if those kings at that time, had been sent
by their nation, as thefc ar-’, it would have
been good, but they were not represented.
General Jackson said—They might also fay,
bye aad bye, that the chiefs present, were not
a representation.
The Commissioners of the United States,
said, but there were a number of armed inert
present at Shoulderbone.
General Jackfon —There is also a number of
armed men here—they may liave the fame plea.
Col. Hawkins—There is; but Ido not con
ceive tbfc. treaties of Augusta, Shoulderbone
and Galpljington binding, and deny the power
to treat without the consent of the United States,
either by the confederation orthe conllitution-
General Jackson said.—When the state of
Georgia made these treaties, she was free, sover
eign and independent, as to that point, that
the other Hates had a number of them treatec 1
with the Indians, and it was bearing hard upon
Georgia to be denied that privilege, and no*,
the others.
Mr. Clymer, also denied, the validity ol the
former treaties, and said the foie right lay m
the United States, under the confederation ai> L{
since.”
Why, gentlemen, were those decided inter
ruption* by you, those positive denials of an
swers to questions of the Commissioners ° n
the part of the state, concealed by you in y oU f
affefted candid answer to the second head or
theflate protest ; but let me proceed and ft
you have been guilty of evasive conduft—' 011
have acknowledged the offer of your furvu’ *
to get the land. An extraft or two more, v.' l *
prove decided conduft on the other fide.
(To he concluded in our next J
For SALE Chcajjfor CASH,
If applied for Immediately,
An elegant SULKY*
With plated Harness comply —
ofthe Primers, Auguftiu
No. 4 7 .