190
Jfor tljc Columbian *sufmnr
Gii.. J A€K S O N’s REP LY.
( Concluded.)
Jtxit-ci from the State Commiflioners journal,
oi the 25th of June.
‘• THE Ch urman being better, and a full
tc. rd, dctrn/iined ( n watching, it any oppor
tunity ottered through the medium of .the
United States., or change in the Indian*, tore
new nur propof-ls, and unanimously went to
Mulcoghe, under the fanftion oi I,r. AHinfon,
the officer ot the day—the vigilance ot the
•sentinel:. Imng now doubled, and it being i;n
pnllihle to pass without a permit. Found the
the fubieft iietwecn the Coimnillioner* of the
“United States and the Indians, to lie the new
kaw, regulating trade and mtercourfe with In
dian tribes, which had been palled by the prr
ient Gongrrfs, and had jufl arrived. This law
Was explained in the nioli forcible manner by
Mr. Hawkins—who laid,
“ There are fixtern States it> tire American Go
verninent, cadi <>f which lends rcpreleutativej
according to the munherof its inhabitants, and
tliofe wife men empower the Prelidert to put
tiie laws in force. The Prelident never had
thole powers before, hut now he has power to
Tail forth the military, to drive off white per
f.ins, who may fettle on the Indian lands, and
:.ny p; rfon refufing to go off, is liable to he
puniftic and witlt death.
\ou fee the white people havfc had their dif
ficulties, but thev arc now all over, and they
-re now coming forward to take care of the
jed people, and protect their rights.
You fee that our wife counfellors have done
■i grea” deal, we have had it explained to you,
and we are lit re on trie part of General Wafh
mgton, and you are hereon the part of your
nation
General Washington has sent this law here
Jo us. to flirtw the red people, that he is deter-,
mined to take care of their tights—his war
riors (hall he placed down to take rare of them.
\\> mentioned to you the other day the
fubj-.ft ol the trading polls ; wc have nothing
further to fav : We hope you have thought of
it thus far. that you will permit the plan of
General Wafnington to fix those guards. The
aim of government has not been strong enough,
but now it is strong enough to r-ach an offen
der at eighteen hundred miles diltance, audit
will reach him and bring him hack tojuilicc.”
It is trim, gentlemen, as you advance, that
Mr. Hawkins at the r “quell of the CommiHion
ers of Georgia, and being leconded by Gene
ral Pickens, who al ways appeared molt friend
ly towards us, did call on the Indians for a
further conference, concerning the land, when
the Bird Tail King as pofrtively refilled it, dc
dnring the nation would part witli no mere—
After which Vlr Simms, observing, that the
Conmntlioners of Georgia being so frequently
refufed, would talk no more to them, unless
by the wilh of the Comtwiffioners of ihe Uni-
Hal States.
Extract 25/// | une.
Mr. Clymer said, “ The Commiflioners of the
United States, have no particular desire of then
even, that the Georgians fkoufd have the land, nor
did they wilh them (the Indians) to fell it a
gainfl their will, but that they came inflrufted
to give the Comniiffioners of Georgia every
poflible chance to procure it. You (addrclling
himfclf, to Cornels and the Indians, knew this
fonr time ago. We fully exprelf ‘d, if your
wish was to part with 11, to do so, hut if you
do not, we do not wilh you.
In the evening, the Chairman and Mr. Cly
mer, met at Col. Gaither’s quarters, where the
chairman resided, and who remarked tq /Mr.
Clymer. that, the land as to its value, wf,s not
the chief object with him— hi* object was peac-,
and he knew no other way it. was to be obtain
ed. but by the ceflion of land contemplated.-
AT/. Clymer replied, that it was his deridel opin
ion. that the Georgians obtaining the lands, won Id
not have the hall tendency to promote or fo.ure that
hiejfv.g.”
To those extraft*. gentlemen, I refer for
{>roof of evafivc conduct—And after the lorci
>l • explanation of the intercourse law, and Mr.
Hawkins's comments on it, and Mr. Clymers
declarations, what would fignify all your offers
of ferviee to procurr the land.—They may not
be inaptly compared to a third persons com
manding the peace, and then immediately
knocking down one of the combatants.
As to the Gommifnoners not coming forward
tvith a (erious offer, you furcly, gentlemen,
ieannot he feriou* when you advance this. T n
their firll talk, the Hate Comniiffioncrs made
the offer of the goods they brought, and the
amount you well knew to be twenty thoulaml
dollars; and even after all your evasive con
duft, which to b'fure was enough to extiu
guifh every ray of hope.—Col. Hendricks, the
chairman, to whom Mr. Hawkins a few days
before, fzvore the landJhotld be procured, wrote
him, “ Thai if there was a polhhility for the
Commiflioners ol the United States, to bring
forward the bulinefs in any shape which might
■promile success, that the Commiflioners of
Georgia, would pay the Indians twenty thoufar,d
dollars worth of goods in hand, one thou fat'd dol
lars per annum, and wipe off all claims the ft ate
had agatnjl them “ To this letter, gentlemen,
you did not deign an answer, and it was high
time for the Commiflioners of the Hate, to
leave a place where the Hate had been fogrofs
ly insulted, and her Commissioners so cavalier
ly treated.
Y'ou affeft to rely on the latter part of the
charge, againfi you for evasive conauS, for an
acquits!, and you have, to make your ac/juital
■porfeft, evaded the word defirt, in the protell,
and fubfliiuted the word conJient, in your com
ment—there is surely fonre difference in the
meaning of those terms ; that of the former,
which is the language of the protell is. an eag
erntfs to obtain an objeft or conclude an agree
ment.—There was no expectation that the
Creeks would he very eager to part with their
lands, altho’there was great ex peftalion, that
“with proper management, they would be
brought to a ccnfer.t to part with them, and I
pretty confident, gentlemen, that if the
fi'Ce Commiflioners had not had the honor of
eder.H company and interference, that consent
would have been obtained, on lair and hon
orable grounds, and without compulsion.
I hu* much, gentlemen, a to the fecoud
head of the lWcc protest.
Columbian jtflufeum, &c.
As to the third and fourth heads of the pro
tek, r- m have plea led to decline any com
ments on them, by a reference to the luptrin
tendir.t, I (hall pass them over, as I (hail also
the filth, which you are pleased to fay p.-ods no
comment, with one or two Ihortobferv icons.
Had the place for holding the Treaty, been
Beards .Bluff, on the Alatamaha, or fomr foot
on the Oconee, rxclufive of many felid ad
vantages —there might have been fome pica
for your arbitrary regulations, as the Indians
could have been encamped on one fide of the
river, without the orainaryjurifdidUon, and the
citizens on the other, within the ordinary jurif
diftionof the Hate; without the ordinary jurif
diftfon, your rubs might have prevailed. You
certainly mull have,miftook and thought your
selves on Indian ground, when you formed
your fbtr chamber edift.
The 6th head V>u lay, is unintelligible to
you ; I w ill Drive, il I am so unfortunate as to
fall fiiort of your comprchenfion, gentlemen,
to make it intelligible to my fellow’ citizens.
You deny, whilst the Comniiffioners of
Georgia assert, the validity of the treaties of
Augulla, Gylph.ftton, and Shoulderhone, un
der which the re Jion of the Talafl'ee county
was made*, because you fay under the old con
federation, the authority to make treaties was
veiled in Congreks. The silence of the United
States, for years alter those treaties were con
cluded, tacitly acknowledged, and the imme
diate officers of the government, have since
of enh avowed the propriety and light of the
H.ite toexercife tins power—The officers 1 al
lude to, gentlemen, were men of as much ref
pedfability, and possessed of as great talents as
yourlelves—The names of Humphreys, Lin
coln and Griffin, are at ball of equal weight
with those Os Hawkins, Clymer and Pickens.
Those gentlemen, with equal powers to vonr
late million, -were sent by the Prelident of the
United States, to hold a treaty at the Rock land
ing in the year 1789, and to examine into the
former treaties, between the Hate and the
Creek Nation—The following is an cvfraft
bom then official report to the President, on
their return, and which was by him laid be
fore Congrcls.
“ The Commiflioners beg leave farther to
“ report, That after the moft accurate invefti
“ gation in their power to make, after con
“ lulting the hell documents, and having re
“ course to creditable d'-pofitions, they are
“ unable to difeovtr, but that the treaty of
“ Augulla, in 1783, the treaty of Galphinton,
in 1785, and the treaty of Shoulderhone, in
“ 178 b, were all of them conducted with as
“ fair and authorized representation, with as
“ much fuhHantial form and good faith, and
15 understanding of the bulinefs, as Indian trea
“ tics have ulually been coududted, or perhaps
“ can he, where one of the contracting parties,
“ is delii.ute of the benefits of enlightened so.
‘ r ciety. That the lands in queHtiou, did of
‘* right belong to the lower Creeks, as their
“ hunting ground, have been ceded by them
“ to the ltate of Georgia, for a valuable confid
“ eration. and w'ere possessed and cultivated
‘ fome years, without any claim or rnoldla
“ turn, by any part of the Creek Nation.”
Is not this, gentlemen, a lull recognition by
the officers of the federal government of the
powcis of the refpcctivc Hates, under the con
lederation to make treaties for reflions of land
—and may we not even from hence pronounce
the treaty ofNcw-Yark. a violation of con-
Ib'tutiOnal rights, and an arbitrary extension of
lederal power, cxerciled perhaps as a pret.e
dent over the Hate of Georgia, becauie her
power was weak, and her voice final!.—The
conllitiition of the United States, declares,
hr ft led ion of the 6th article, tl All engage
ments entered into before the adoption at this
constitution, lliall be as valid againlt tire Unit
ed States, under this conilitution, as under the
confederation,” and again, the 2d head of the
3d letlion, of the 3d article, “ And nothing in
this conilitution (hall be so construed, as to pre
judice any claims ot the United States, or of
any particular Hate.”—Was not the ceflion of
die Tala flee county, an engagement formed
under the confederation, and with which the
United States could not interfere ; and has not
the treaty o! New-York, prejudiced the claim
ol the Hate of Georgia, to tip’s ceflion.—lf it
be r.ot yet clear, gentlemen, I will examine
how other Hates, and the United States thein
felves, have considered this fubjeCt under the
confederation.”
The legislature of Pennlylvania. orv the itth
, of September 1783, being desirous to provide
lor the officers and I'oldirrS of that line, by a
ceflion of land Irom the Indians, within her
limits, agreed to a report of a committee there
on, part of which was in the words following :
And they beg leave further to report, That
“ although the articles of the conlederation, do
“ not by any means explicitly rejl’ ifi this house,
“ Irotn entenng on this bulinefs, independnit
“of cotigrefs. Yet being deeply impn’ffed
“ with the delicacy of touching any fubiecl of
“ federal relation, hut vrth tfie-nioft delib rate
“ caution, and as the letter of a clause in the
“ ninth feflion, appears to involve a doull, they
“ think proper to submit the following tefo
“ iution.”
This refohition was to inllntfl their dele
gates. to obtain the feufe of congress, and part
of this inflruflion was
“ Although tins bulinefs maybe said ftriftly,
“ to regard only the internal police of Penn
“ lylvania, and the conference proposed, does
“ not extend to any deferiptinn of men without
“ the iimits of the Unit'd States, nor regard any
u of the great obiefts oi peacs and war—yet
“ our high 1 iTp. cl for the confederation, de
“ terminea us to lay open the whole design to
“ congtvfs,”
In conlequence of this application, Congress
did, on the iff day of November following,
enter into a refohition to second the objeft ot
Penrtfylvania, pretaced with the following pre
amble :
“ Whereas it appears that the application of
the legislature of Pennsylvania, relative to a
treaty for the purchase of the Indian claim, to
lands within the jurifdiHion of that Hate, pro
ceeded from a refpeflful atteu hment to the leieral
Government, and a desire to guard againff preju
dices, which might arise from the interference
of their own particular views with the authori
ty ol the United States. That the public tntcr
ell might hive been deeply attested by a nego
tiation for such purchase independent of, and
1 uitconnedlcd with the general treaty, to be
holdcn 0:1 behalf of the United States, Rcfolv
cdj dtc.’*
Here the Hate of Pcnnfylvania cxprcfsly
avows, v/hat the protell of the Georgia Com
ruiflioners declares, “ That there was no fede
ral compaft against such ceflion by treaty, be
tween the rdpeflive Hates and Indian tribeI*,” 1 *,”
at the time the Talaffee County was ceded, by
alfcrting “ That the articles of the Confederation,
did not by any means explicitly ftjlrici her from
entering on the hufmefs of obtaining a ceflion
ot land independent of Cong rtfs.” Did Congrcls
deny this alfcrlion ? Far contrary to it—They
did riot everuexprels a doubt of the Hate right,
the preamble declares, that the application
proceeded from a refpefful attachment to the fede
ral government—a mere compliment and a po
litical and mceflary one perhaps, at the tune.
It was jull at (fie dole of tfie war. and when
Compels fiad railed as the preamble Hates, a
gent ih! treaty with all the Northern Indian
ttifief,. and which might have been interfered
with (and Pennlylvania was much interelled
in 1:4 luc. . Is; had flic exercised Iter admitted
r ft a leperate and independent neygcuiti-m.
Hie crflerence then between the ceflion Penn
sylvania obtained, and thal Georgia obtained,
of the 1 allallcc County, can fie only this, that
in the former cale a compliment was paid,
anum the latter, was not paid to Congrcls in’
the obtaining them : but they are of eetiaUa
iidity, and binding .as well againlt the Indians
as the interference of the United Stales, unless
the treaty making power ot the Union, under
the Conilitution, which to be Hire, within a
few years pall has made, pretty rapid Hrictes,
is an endlcfsgulph, in which every other part
, t !' c -clzral Conilitution, the Hate rights
and jun ifdicliou as well a” the properties and
liberties of their citizens, will in time be all
fw all owed up. Arbitrary authority, viola
tion of conllituted power, and a detenu .nation
to break down Hate jurifdiftion, moil have
had their weight in the formation of the trea
ties of Ncw-Y'ork and Coleraine.—The late
Britilh compact is a proper companicn for
them
I’or in the language of tfie state protest, I ad
vance ; that if the United States cau takt a re
trofpefilive view, and lop oil a ceflion of pan
ot 3 Date, made before their authority, under
the prcfcht*Conftitution existed, they may dif
ieientccflions, until they lop oft a whole itatr
and ir one Hate they may several Hates, the
whole having been lortned V>y c.elfions at dif
terent periods—a melancholy profpetl for the
iiontier Hate of (reorgia.
The words of the treaty of Coleraine, you
lay, remain the fame as in the treaty of New
\ ork, with rclpcilto the property plundered
from our citizens, and therefore the conitruc
tion is the fame. I dare fay, gentlemen, your
conftrurtion delivered to us. when wc were so
humiliatingly compelled to lay our talk, before
>ou, previous to a delivery of it, for fear of
youi interruption, is not altered. It was. that
no property but. Negroes came under its pur
view, and oi that kind only, those who had
been aftually taken prisoners. Negroes who”
Huve Oelertcd their mailers, or have been de
coyed oil to the anil-tk majority of them
oicre, I believe, are of the latter defeription ;
•-Ci.ween one and two thouiand horses, large
-ocks of cattle, and a variety of other proper
ty, were thrown by your conflru&ibn, entirely
< Ul °‘ v ' ew - I am lorry to add, that the trea
ty <ff New-York, yours of Coleraine and your
cor.ltiufilion, hrc alike injurious to Georgia
anc, oppietTivi to K*-r f itiwns
/\s 1.0 the 7th head of the protest. you fay,
that the Hate Commiflioners set out with an
aifumption of powers unwarranted, and clofc
their miiiion in like form ; being unwillingto
pay a debt contraflcd at the request of tlie
date, by proteftmg against the payment or lia
bility oi payment of the Hate of Georgia.
I o reply m your own language, I confefs,
gentlemen, this comment is unintelligible to
me ajfumptten of powers. What power could
die Commiflioners of the state assume, when
they were debarred from landing in the garri
son or neighbourhood of it, will a defenfive
weapon, and couldnot travel within the ordi
nary jurifdulion of the slate. they represented, with
out your ticket.
As to payment or liability of payment of
any share of the expence of the treaty, by the
state ol Georgia, except what the protest ex
cepts. Where is the reason to induce her to
it, or where the equity to compel Inn to pay
it. r 1 Has (fie reaped any advantage from it ?
If the determination was made in the nation,
and the Chiefs came inftrudled to abide by
it, had Georgia a fair opportunity to negociate ?
Was it not a take in on the State, to get the In
dians down to tell the State they would not
part wi.h their lands, when the answer might
as well have been sent from the nation, and
been communicated to the State Government
through the Superintendant ? Does it not car
ry the countenance of deception, to make the
State. liable for the expense ? You are pleased
to iay however, that the mention of Cornels
declaration of the determination in the nation,
is a denial of the former part of the seventh head,
but I can fee no clashing in it. The protest
does not fay politively this was the case--but
that the plea oi the Chiefs ior their refnial, was
grounded after the secret Council anlwer was
given, on that assertion, and the C ommiflioners
added, which ij true, is a fraud on the State,
tor take it gentlemen, as you will, tt is cer
tain that the State had no fair and honorable
opportunity of obtaining her objo.ft,
If on the one hand, the Indians did not deter
mine in. the nation not to part with their lands,
but came open to fair negotiation, your regu
lations and the conduit we experienced, pre
vented our conciliating their aftellions, arid of
course negotiating with them. Their anlwer,
or paper Ather, lent to you as an answer, was
manufactured where the C.ommiffioners of the
state had no accHs—it was not. delivered in the
ufiial open manner, face to face—the person
who delivered it as the Indian mouth,{Cornels,
did not know his own talk again, when as you
hoaft, you had it interpreted lace to face. The
Indian mouth on the occaflon, was changed
front the Bird Tajl King or Fufatchee Mico, to
Cornels, who to complete the farce, was one of
your sworn interpreters, although a Creek In
dian, and knew as much of the Alcoran, as the
Bible he was sworn on The quefttons of the
State Commiflioners, to have all those inyilc
ries explained, were arbitrarily overruled by
your controuling authority. And the preten
ded answer or talk bore so little resemblance to
Indian talks, either as refpctled mode, style, or
fentlment, that no one acquainted with them,
would even pi oaca uc it one. There yin no
more finnlarity between the one add.efii-dv ~
tor us m writing, through Cornels, and Ju
delivered you by Futfachee Mico verbally t
yourselves, either in style or mannerf’j!!
there is between the moil contrary objeft*
*f on the other hand, as already obierved tl, a
determination was made in the nation, and’t ®
Creeks came inllrufted to abide by it—u
not the Commiflioners of the State as
have been in Nova-Scotia as at ColcraiJ?
Ihey cemunly would have had as fan, Cps . (
and honorable opportunity for nego C i at L
Hie state has reaped no fingie benefit by j t ’
Tlie United States h*n C made it—lt wasdeclar ’
you prevented an anfv/er to cur Qu - ( ’
tmn, that the Prefukr.t lent for the Indians—th.
Timed States will reap of courle a') tlie lei
fits rcfultmg from tl-ad they ought ;o
all the e-xpences ol it In one of your letters
tlie fuft of June, you obfrrve, that the Geore j
million was limited to one fingie article, whiff
yours was various as all the objects of the trc 2 ’
try—This fingie objeft of the State has failed
I believe, by unlair means.
\ ou all est to think, gentlemen, that the pr 0 „
ted is at war with itfelf, and you fay that the
concJnitons always drftroy the premife*: It is
rathr, unfortunate for the late State Commil
fi oners that and ey did not poflds your depth of
judgment and elegance of composition But I
am of opinion, that however ft lO r> thgy have
aden of your perteftipns in this refpeft, that
‘ k - ic ” cw, 1 1, ; 4,n ;; d 111 n > arc at ‘var wi.h rout
conduct and feelings ; or you would not 1-vs
taken pains to make lo violent an attack on it
lucre is fomethinii very myfte r io us i n the
bu.inefs You write the Governor two dis,
patches ot one date, the firft ~f J u ] v .
one, you take no notice oi the protell,’ and in
me outer, is contained your violent de„ U n. :a
tion. It is fomewfiat problematical a* what
tmm notwitiiHanding its date, your lecond
cpiltlc was written, ‘whether before or after
your leaving Coleraine, ft appears, that at
nut, you affeft-il to treat the protelt w ith dii
da in, but the Lifts cut too deep ior you to left
under it.
’J > wliom your regulation* owed their (
ence cannot be alcertain-d. T| )e motives
which induced them are also in tire dark.
Whether meant however, to cover {peculating
de.ignj againfi t.us State, oy add to cue itrength
of the general government; they were weilcal
culated to foment jealoulics and breed conval
fions, which fliould once more call forth the
strong arm of the Union, to chastise a i-cond
ref raft orv, though innocent State and Pcmt,
and vet add to the bleffmg of a funded
and the consequent advancement of a lew lord
ly fucculators. Haatly CoTTimifitonei sos the
State, tieen as arbitrary extravagant and head
strong as you, gentlemen, afteft to think them,
and as you certainly were, the. United Stauc
would at this moment have been involved m
all the horrors of a civil war. Under the or
ders of the Executive of tlie State, they were
warranted in. landing their guard, within ‘her
ordinary jurifdiftion, and the laws would have
jufliiied both them and the guard, in felf de
fence, against all illegal attacks after they were
landed. Blood in all human probability would
have been shed, as no doubt your regulations
would have been supported by the yarn lon, by
force ot arms.—The horrid carnage would have
commenced. The State Commiflioners and
guard might, and as is molt probai.fi . certain!/
would have firft fallen, hut .the. mintG would
h.-v.e eollcftrci, and tlie gar 1 ifon nave been r.iaf
facred, with perhaps yourfyvts jnflly, and every
federal officer and ioldier in the State.
To the patience and forbearance of the State
Commiflioner.', not your regulations, is the
happy Hate ot peace ir. this country npw owin ‘.
I am Gentlemen,
Yfour moft Obedient Servant,
JAMES JACKSON,
Late one of the Conrn/fficners of the Slate of Georgig.
/. HEREBY certify that tl ft Ext redds allu
ded toby Gen. Jacklon,. in the. for. going reply,
are jitfi and true copies from, the orig ins! journal: off
the late Commif/totiers of Georgia, now mmypoj
frffion:
THOMAS ROBERTSO N,
Late Secretary to the Georgia lAifjion.
Scnannah, Aug. 15, 1796.
F R A N C E.
PARIS, May 24.
Bounaparte has gained another brilliant vic
tory over the Auflrians, commanded by Beau
lieu, as appears from the following letter, writ
ten by him to the Dircftorv.
Head-Ouartcrs at Lodi, 22d
Floreal, May 11.
Citizens Direftors,
“ I was of opinion that the padage of the
Po was the boldeil operation of this campaign,
and the.battle near Milefimo the wannait ac
tion; hut I have to now give you an account
of the battle of Lodi.
“ The head-quarters arrived yeflerday n't
Cazal, at three o'clock in the morniun-; at nine
.O
our van guard found the rnernv defending the
approaches of Lodi. I gave immediate order
lor a-1 i the eav airy to mount their Lories, attend
ed by four pieces of light artillery which just
arrived from Piacenza, drawn by the carriage
horses ol the NobleiTe of that place. The dt
vifion of General Angereau, which had remaut~
cd that night at Borghetto, and that of General
IVfaffer.n, which had palled Cazal, put them
felvcs ir.flant in motion. In the nvtin timeth'|
Tail-guard forced all the enemy's polls, and
took <?ne piece ol cannon. We enter'd Locu
in puri'uit of the enemy, who had already P a ;”
fed the Adda bv the bridge. Beaulieu’s whoie
army was arranged 111 order of battle , and ,p
pieces of heavy ordnance defended the p a :a n c
of the bridge. I ordered my w hole artillery
to he hreugbt up ; a very brilk cannonade r’29
kept up for several hours. As form as theatriy
arrived, it was drawn up in one column, at l e
head of which marched the 2d battalion 0
carabineers, followed by all the battalion!
grenadiers, which reached tlie bridge, under
conllant shouts of 4i Long live the Repebbe-
The enemy made a drcadlul fire; the h fa
the Column seemed to heluafe (though a J" 0
ment of hesitation, perhaps ail might have
loft) General Bertliicr. Malfimu, Ctrvont,
lamague, and Larne and Dupat, chiefs ol
felt it, and precipitated thernlelve* at the * c
of the column, and decided the cay.
‘• This redoubtable colum bore
oppolition; the enemy’s whole artillery *
inllantly taken, Beaulieu’s order of S3- e
broken, and in a mometff the *
No. 4 §„
