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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 .