Newspaper Page Text
•for, or other capital crime, on any Indian, such
cttendefs shall be delivered up to jullice, and (hall
be tried according to the laws cl the date; and
' due notice of such intended punishment shall be
font to some one of the tribes.
jth. If any Indian shall commit a robbery or
murder, or other capital crime on any white per
son, such offender shall receive a punilhinent ade
quate to such offence, and due notice of such in
tended punishment ihall be given to his honor the
governor.
6th. In case of any design being formed in any
neighbouring tribes againfl the peace and fafety of
the date which they fliall know or fufpefl, they
fliall make known the fame to hi 3 honor the go
vernor.
7th. All white person or persons shall be at li
berty, and conducted in fafety, into the fettled
parts of this date, when they shall require it; ex
cept such persons as fliall come under the reftri&i
ons pointed out in the second article.
Bth. The said Indians shall redore all negroes,
horses or other property that are or may be among
them belonging to any citizen of this date, or any
other person or persons whatever, to such person
as the governor fliall direst,
9th. That the trade with the fait? Indians fliall
be carried on as heretofore.
loth. All horses belonging to any Indian that
. fliall be found in the said date, such hotfes shall be
restored to such person as the head men of the tribe
where such Indian may refidc, shall dired.
nth. The present temporary line reserved to
the Indians for their hunting grounds, shall be a
grceable to a treaty held at Auguda, in the year
one thousand seven hundred and eighty-three, and
that a new temporary line shall begin at the forks
. of the Oconee, and Oakmulgee rivers, thence in a
fouthwed direction until it shall interfed the mod
southern part of the dream called Saint Mary's ri
ver, including all the islands and waters of the said
dream ; thence down the said river to the old line,
and all the grounds within the said new temporary
line, when run and completed, shall be reserved to
she Inuiarts for their hunting grounds as afprefaid.
Georgia, Secretary’sOfae, July 29, 1796.
The above is a true copy from the original of
record in my office.
JOHN MILTON, Sec’ry Slate of Georgia.
GEORGIA.
ARTICLES of a treaty of peace, amity and com
merce, concluded near the mouth of Shoulder
bone creek, a branch of the Oconee river, the
third day of November, in the year of-our Lord
one thousand seven hundred and eighty-fix, and
pf the independence of the United States of A
merica the clevenrh, between the fubferibing
commissioners in behalf of the state of Georgia
of the one part, and the underwritten kings,
head men and warriors, in behalf of the Creek
nation on the other, on the following condition,
namely:
WHEREAS fincc the signing of the lafl treaty
held at Galphinton, and dated the twelfth day of
November, one thousand seven hundred and eigh
ty-five, between commissioners appointed by said
Rate, and the kings, head men and warriors of the
said Creek nation, ads of hostility have been com
mitted by parties of the Indians on the< inhabitants
of the said Rate in violation of the said • treaty,
whereby the friendfhip and harmony so effentiallv
lieceffary to both parties have been greatly disturbed.
And whereas the said parties are now mutually
desirous of renewing a treaty which may compre
hend such articles as will give fatisfa&ion to the
party injured, and restore peace, friendfhip and
commerce to both, it is therefore covenanted and
agreed:
Article Tenth, The present temporary lines re
served to the Indians for their hunting grounds
shall be agreeable to the treaties held at Augusta
and Galphinton; the former bearing date the full
day of November, one thousand seven hundred
and eighty-three, and the latter the twelfth day of
November, one thousand seven hundred and eigh
ty-five, every part of which is hereby fully con
firmed : And the said lines fliall be marked as soon
as the Indians can possibly make it convenient to
come dowa and fee it done, the present being their
hunting season, and of their intention of attending
for the said purpose they shall notify his honor the
governor, at leall one menth before their departure
from the nation.
Georgia, Secretary’s OJfice , July 29, 1796.
The above is a true copy from the original of
record in my office.
JOHN MILTON, -Sec’ry State of Georgia.
Extraft from the report of B. Lincoln, Cyrus Grif
fin and D. Humphries, Commissioners foi treat
ing with the Southern Indians.
THAT after the moll accurate inveftigatton in
their power to make, after consulting the best do
cuments, and having recouifeTo creditable deposi
tions, they are unable to difeover but that the
treaty of Augusta in the year 1783, the treaty of
Galphinton in the year 1*785, and the treaty of
bhoulderbone in the year 1786, were, all of them,
conduced with as full andauthorifed representation,
with as much substantial form and apparent good
£*i:h and underloading of the business,. as Indian
treaties ha?e usually been fcendufted, or perhaps,
can be, where one of the contracting parties is
destitute of the benefits of enlightened society.
That the lands in question did of right belong to
the Lower Creeks as their hunting grounds, have
been ceded by them to the (late ,of Georgia for a
valuable consideration, and were poffefled and cul
tivated for some yean without any claim or mo
leltation by any part of the Creek nation.
Taken from the files of the Executive ,
. Attest, J. MERIWETHER, 5.. E. D.
,Coleraine, July i, 1796.
Sir,
THE day before the commissioners on the part
of Georgia left us, they sent us a paper, purporting
to be a protest against certain proceedings had in
relation to the wilhes of the date of Georgia, to
acquire certain lands from the Creeks, at the trea
ty concluded on the 29th ult. at this place.
We read it with that -attention due to men in
their fixation, and we can. attest, extravagant as
the protest is, that it is of a peace with their whole
cor.duft during their residence at this place. 'The
belt answer to it probably would be drawn from
the paper itfelf, by every reflefting mind, after a
candid perusal of its contents. We feel notwith
(tanding, a desire to remove some impressions,
which are intended to be produced by it; and
this is the object we have in giving your excellen
cy the trouble of reading our comment. It would
be fufficient for us to refer you to our letter of this
date, the tails therein being incontrovertible, all
the expreflions in the protest would, of course, have
their just weight and no mere. But we must en
ter somewhat into detail. Your comniifiioners
fiequently speaking of over ruling and arbitrary
conduit, forget that it is only applicable to them
selves. It may be neceflary to observe, that they
have altogether mistaken the nature of their au
thority, and have aftumed a high diplomatic cha
railer. This we must fuppo/e, oc othetwife, that
they had willingly flighted the terms and conditi
ons of their appointment. Such high, fclf-created
pretensions, not being yielded to, on our part, is,
no doubt, the real ground of the difeontent appa
rent throughout the whole of their performance.
The tegulations mentioned under the firft head,
are literally in conformity to inftruilions, sugges
ted, we can conceive, by the experience cf the
past; and conform exaftiy to cur sense of right.
We were furpiifed that the commissioners of Geor
gia, did not themselves difeover a special interest
in the observance of some such regulations, consi
dering their tendency to obviate some of the diffi
culties lying in the way of their own ohjeft, had
it been attainable at this treaty, as they were aware
of the jealousies of the Creeks in all things relating
lathis state.
/The comment on these regulations in the protest,
we do not pretend to understand.
The second, in answer .to this, which we hope,
(though againlt appearances) not to be designedly
misrepresented, we have to state, that the com
miflioners of the United States did, on the i7thcf
June, and the commissioners of Georgia on the 1 8th,
address the chiefs at the square of Negociation in
the gatrifon ; that after the latter address, the com
miflioncis of the United States said to the Indians
.—« you have this day heard the talk of our bro
thers, the beloved men of Georgia. 4. It is a long
one, and contains many things, We request you
will allow yourfelv<*s fufficient time to confider
upon it. That you will confider up»n the fnbjeft
with as much coolness and deliberation, as if you
were within your own square, or your own coun
cils in your nation. You are in per rest fafety at
this place. You may choose your ground for deli
beration, and lhall then be secure from all inter
ruption."' The chiefs, after confulrations, applied
to Mr. Hawkins, and requested, that he would have
them futnilhed with a copy of the talk, delivered
them by the commissioners of Georgia, and all
other papers referred to in it; they vvifhed to have
them in their own councils, that they might under
stand every part, before they made up their minds to
reply. Mr. Hawkins applied to Mr. Simms, and co
lonel Hendricks, who promised them in half an hour.
June 19. 1 his day the Indians applied for the
papers promised them yesterday, and we wrote to
the commissioners of Georgia. The Indians have
requested us to furnith them with a copy of the
talk you addressed to them yesterday, that they
may be able to examine it leisurely in their coun
cils. We have promised it to them, and we have
to request of you to furnifli us an authentic copy
of the speech, together with the papers referred to
therein, which were fnewn and explained to the
Indians.
Mr. Robertson, the feeretary to the commis
sioners, called on us and delivered the talk, cer
tified to be a true copy, and extrafts from some of
the papers alluded to. He said the paper con
taining the claims against the Indians, was an ori
ginal; that it would take three days to copy ;
that-the commissioners did not like totruft it in the
camp; but they would fnew it'to us, if we were
defitous of perusing it. We requested we might
have the examination of it at our lodgings.
June 20. The Indians spent this day in council
in a square which they prepared for that purbofe in
their own encampment. They requested that three
pf the interpreters ftiuuld attend them, and named
Timothy Barnard, Alex Cornels and James Bnri
ges. They were oxdertd accordingly.
The reiult of this conlultaiion being delivered
to us, we gave it to the comaiilfiofiers of Geor
gia.
June <23* Extraft from a note to the commissio
ners of Georgia.
The commissioners of the United States expeft
to fee the Indians this morning, at their lquaxc 10
the.Jndian.encampment, at the reqacjt.cf the Indi
ans ; and they will call on the commilfioners of
Georgia to accompany them.
June 24. One of the comraiffionees of the Uni
ted States requested captain Eaton to wait on the
commissioners of Georgia, and cccduft them to the
Indian square ol negociation.
Extract from a letter of the commissioners of
Georgia relative to the floppage of their feeretary :
“ A circumstance grating to our feelings, £ c *
which we ye lorry for; as captain Tinfley has been"
so polite as to wait on us, to allure us it was con
trary to orders. Although we are of opinion with
captain Tinfley, and thank him tor his attention -
we cannot forbear to express &c.”
The commissioners of Georgia attended and the
council opened.
The commissioners of the United States bv Mr
Hawkins. 7 *
Representatives e i the Creek land, this paper
which I now shew you, is the paper you sent us,
in answer to the beloved men of Georgia. We
have shewn it them, you are now together face to
face : I shall 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. The commissioners enjoined it on all
the interpreters to be particular, as they were on
oath, and then put a question to the chiefs.
Q 4 I s this the talk which you made in council,
and lent to ..the beloved men, commissioners of
Georgia.
A. Yes, it is. the very words we spoke.
Qc By the commissioners of Georgia. Why did
you not fay this face to face to us, in the square,
when vve fpeke to you ?
A. The chiefs would.give no other reason, than
that-they choose firft to fit down together in coun
cil with their interpreters and reduce their talk to
writing. But that they were ready to give it ver
bally when digested at any time, and in the square,
face to face ; .it tire commissioners choose tiuv*
should do so.
Qi By the commissioners of Georgia. Is this
your usual custom, to carry on talks in writing;
or do you always give them from .the voice in th-.>
pub lie square ?
A. I here are no rules reduced to system; when
they talk among themselves, it is usual to talk faces
to face, and to lend beads to assist the memory.
But as we had, in this instance, a talk to deliver to
white .people, and having our finguifters all pic—
fent, we cliofe to fend our answer in writing-.
As to the charge of evasive conduft, we might
rely on the conclusion of the charge, for an ac
quita!, although perhaps it was not intended. We
did offer our feiviues and continued them ; but we
had no with, that the Creeks should part with then
lands without their own. conjcnt • By the manner of
stating tins charge one would suppose the gentle
men of Georgia “had such a wilh. We told the
commissioners of Georgia we were inftrufted, had
the means, and were disposed to further theobjefta
of their million. We did at one time, expeft
they would come forward and make a serious offer;
and that we, with the funds at our diferetion, should
be able to obtain the objeft they had in view, by
demonstrating ro the Creeks, that the sum was an
equivalent for the lands, and as this accommoda
tion might have a tendency to remove all misun
derstanding between the parties, that it would be.
for their interest to part with them.
Third and fourth. We refer to the fupeiinten
dar.t to answer for himfelf.
Fifth. Needs no comment.
Sixth . This is unintelligible tons. The com
missioners of the United States are of opinion, that,,
under the old confederation, the authority to make
treaties was veiled in congress; and as to thecon
ftruftion relative to the treaty of New-York, we
gave the words of the treaty, and the fame are
again inleited in the treaty vve have recently con
cluded.
The gentlemen commissioners set out with an
aflumption of powers unwarranted, and close their
mission in like form. Being unwilling to pay a.
debt contrasted at the request of the state they pro
test against the payment or liability of payment of
the state of Georgia. They charge that “ tho
answer of the Indians, one party thereunto, it so
it can be called, has been diftated to them in secret
council by undue influence." This the gentlemen
in the fame sentence, deny themselves. T hey
fay, “ the plea of the chiefs openly declared by
Aleck Cornels and the Bird Tail king, their spea
kers, now' being that the refufal to giving up the
lands was fully determined on in the nation, and
that the chiefs came inftrufted to abide by that
determination."
1 o this declaration we may add from our diary
of the 25th, the following— u The commiffioner*
then took a retrofptftive view' cf what had been
said, recapitulated the most material parts and con
cluded, we hope you will think ferioufty on these
things, vfs W* * a—** r.*~ feme jrcot