FURTHER EFFORTS OF THE GOVERNMENT TO RESTORE EXILES TO SERVITUDE.
Effects of the War--Situation of the Exiles--Servility of Northern
Statesmen--Determination of Southern Slaveholders--The purchase of
Florida demanded--Causes which led to it--Territory
obtained--Authorities of Georgia demand a new Treaty with
Creeks--Mr. Calhoun Secretary of War--His efforts in favor of the
Claimants--Georgia appoints Commissioners--They attempt to dictate
those appointed by the United States--Correspondence--Mr. Calhoun
dissatisfied with those whom he had appointed--They resign--New
Commissioners appointed--Their relation to the
subject--Difficulties--Indian Talks--Treaty
effected--Agreement--Assignment of Fugitive Slaves to United States
in trust for the Creek Indians--Claims adjudicated--Slaveholders
claim the funds belonging to the Creek Indians.
The first Seminole war, like most other wars, was attended with great
sacrifice of blood and treasure. It had corrupted the morals of the
nation; but the Administration had entirely failed to attain the objects
for which it had been commenced. Not ten slaves had been captured, if we
except those who were wounded and taken prisoners at "Blount's Fort,"
one half of whom had died of their wounds. Under such circumstances, the
Government could not, with propriety, condescend to make a treaty with a
community of black men, whose ancestors had fled from slavery. Such act
would, in the opinion of slaveholders, have compromised the dignity of
the Slaveholding States; nor could they treat with the Seminole Indians
as a separate tribe, for the Administration was endeavoring to hold the
Creeks responsible for the acts of the Seminoles, who, the slaveholders
insisted, were a part of the Creek tribe. The army was therefore
withdrawn from Florida, without any treaty whatever. But the act of
withdrawing the army and permitting the Exiles to remain in a state of
freedom and independence, constituted an acknowledgment of the inability
of our Government to reënslave them, although it was constantly asserted
that they were a degraded race, incapable of supporting themselves if
set at liberty.
In looking over the official reports of our officers, the action of
Congress, and the tone of the public press, we are forcibly impressed
with the constant and unceasing efforts to hide from the popular mind of
the nation the real questions involved in this war. Nor can we account
for it upon any other hypothesis, than the popularity of President
Monroe's Administration. The old Federal party had ceased to exist. They
had been the only party opposed to Mr. Monroe; and no member of Congress
appears to have possessed the requisite independence, information and
ability, to take a position distinctly against his policy.
Soon as our army was withdrawn from Florida, peace was of course
restored, and things remained as they were prior to the invasion under
Colonel Clinch, in 1816. The Exiles were again left in peace, as they
had been prior to the commencement of the war. Nothing had been gained
to the United States by the vast expenditure of blood and treasure which
attended the prosecution of hostilities. The Exiles had maintained their
liberty for at least a century, and now they had set the American
Government at defiance. These considerations operated upon the minds of
the slave population of Georgia and Alabama, who now became more anxious
to join them; and their numbers were thus increased almost daily by
slaves from those States.
From 1790, our Government had endeavored to reënslave these people. No
Northern statesmen objected to the policy; while those of the South had
come to believe that, although the Union may not have been formed solely
for the purpose of capturing slaves, yet that duty was regarded by them
as _one_ of its most important objects. It had now become evident that
no military force could pursue them into their retired fastnesses, or
seek them out when scattered among the hommocks, the swamps and
everglades of that singular country.
Southern statesmen now turned their attention to the purchase of
Florida. That would deprive the Indians and Exiles of the nominal
protection of Spanish laws, and would bring them under the jurisdiction
of the United States; they therefore addressed themselves to that policy
with renewed assiduity. Recent events had convinced the authorities of
Spain that it was impossible for them to maintain the dignity of the
Spanish crown, or the sanctity of her soil from invasion against an
American army, when in pursuit of fugitive slaves. She had seen her
territory invaded; her forts at Pensacola and at St. Marks captured, and
that upon the Appalachicola destroyed; her subjects massacred; her
authority despised, and her rights as a nation treated with indignity by
our army. There was, indeed, no other way for her but to accede to the
proposition of the United States.
[Sidenote: 1819.]
A treaty was negotiated (February 22), and in consideration of five
millions of dollars, Florida was transferred to the United States, and
the Seminoles were brought within the jurisdiction which they most
dreaded.
The slaveholders of Georgia, who had so long pressed their claims for
fugitive slaves, now became more clamorous. They saw, with intense
interest, the pertinacity with which the Executive had pressed the
claims of those who lost slaves, in the then recent war with England.
Under the Treaty of Ghent, the President insisted upon full indemnity to
those whose slaves had left the country, under British aid; and when the
English ministry refused, and insisted upon the same construction as
that placed upon the treaty of 1783, which contained the same words, the
American Executive refused, and the question was referred to the
umpirage of the Autocrat of Russia, who held an entire nation in
slavery, and could not be expected to decide in any other manner, than
that most favorable to the institution.[48]
[Sidenote: 1820.]
The influence of the slave power having increased so greatly since 1796,
as to induce the British Government to change its policy, adopted at the
framing of Jay's Treaty, was now believed competent to compel the Creek
Indians to comply with the treaties of New York and Colerain. A quarter
of a century had passed, since the signing of the last of these
treaties, and they had been forgotten by many; but the people of the
free States, and their Representatives and Senators in Congress, had
quietly submitted to this prostitution of our national character and
influence, and none appeared to doubt the propriety of continuing these
efforts.
[Sidenote: 1821.]
Georgia now demanded of the Federal Government a new treaty with the
Creek Indians,[49] in order to obtain from them indemnity for the slaves
she had lost, subsequent to the close of the Revolution, and prior to
the act of 1802. To this demand the Federal Executive assented. The
Secretary of War, Mr. Calhoun, with his attachment to the institution,
could do no less than to exert what influence he was able to wield, in
assisting Georgia to obtain a compensation for the loss of her slaves.
On him devolved the burthen of selecting commissioners to negotiate the
contemplated treaty. Careful to place the subject in the hands of men
who would be likely to wield their power for the benefit of the
"peculiar institution," he appointed General Andrew Pickens of his own
State, and General Thomas Flournoy of Georgia, to conduct the
negotiation.
In his letters of instruction to those gentlemen, he was careful to
inform them that the treaty was to be negotiated _for the benefit of
Georgia_;[50] that she would also appoint commissioners to attend the
negotiation, and watch over the interests of her people. The
commissioners proceeded to make arrangements for the treaty. They
appointed the time and place for holding it; employed an agent to
furnish the requisite supplies, and made arrangements for the necessary
payments. At this point a correspondence arose between them and the
commissioners of Georgia, who assumed to dictate the terms on which the
treaty was to be founded. The commissioners of the United States,
finding those of Georgia inclined to dictate the course of action which
they were to pursue, were unwilling to submit to such dictation, and
reported the difficulty to the Secretary of War; while the commissioners
on the part of Georgia, feeling perfect confidence in the devotion of
that officer to the interests of slavery, made their report of the
matter to him also.[51]
The Secretary returned an answer, reproving the commissioners whom he
had himself appointed, so severely for their refusal to obey the
dictation of those appointed by Georgia, that they both immediately
resigned their offices, appearing to feel that their own self-respect
must be compromised by acting under the instruction of the State
Commissioners.[52]
Apparently determined to appoint no man who should again prove
refractory, the Executive--probably at the instance of the Secretary of
War--next selected as commissioner, in the place of Mr. Flournoy, David
Meriwether, who had, up to the time of receiving the appointment, acted
as commissioner on the part of Georgia. At the request of the Secretary
of War, he resigned his office of commissioner on behalf of the State,
and accepted the appointment from the Federal Government. Hon. D. M.
Forney, of North Carolina, was selected as the other commissioner, in
place of Mr. Pickens. These commissioners were expressly instructed to
assist the State of Georgia in obtaining the objects for which she was
striving.[53]
These preliminary arrangements could not fail to foreshadow the
character of the treaty negotiated under such auspices. Anticipating no
other motive for the treaty than the settlement of the boundary between
the State of Georgia and the Creeks, the chiefs, head-men and principal
warriors of the tribe assembled at the time and place appointed. After
the ordinary formalities on such occasions, the commissioners on the
part of the United States opened the business by simply stating, that
the people of Georgia complained to the President that the Creeks had
not returned the property (negroes, cattle and horses), which they were
under obligations to return to their owners in Georgia, by the treaties
of New York and Colerain.
The commissioners on the part of Georgia now delivered their talk,
saying, that by the treaty of Augusta (1783), of Galphinton (1785), and
of Shoulderbone (1786), the Creeks had agreed to return to their owners,
negroes who had left their masters, and other property; that these
treaties were all made before the formation of the government of the
United States under their present Constitution; but they were ratified
by the treaty of New York (1790), and of Colerain (1796), made with the
United States, and Georgia now demanded compensation for the loss of her
negroes and other property.
On the following day, General McIntosh, principal chief of the Creeks,
replied, that he came to meet the commissioners of the United States,
and had no expectation of meeting those of Georgia; nor had he or his
friends any idea that such claims were to be presented. That the chief,
McGillivray, when he returned, after the treaty of New York, informed
them that they were to deliver up such negroes as were _then in the
nation_; that they were to pay for none who had removed or died; that
they all so understood that treaty, and that nothing was then said about
any other claims than for _negroes_; that the _prisoners_, both black
and white, were delivered up under the treaty of New York; that the
claims now presented were also presented at the treaty of Colerain, in
1796, but the Creeks then absolutely refused to acknowledge any further
obligation than that contained in the treaty of New York, and by that
they were under obligation to surrender no property except persons held
as prisoners, and negroes then in the nation. That many of these negroes
were carried away by the British, during the war of 1812; that others
were in the fort at Appalachicola, when he and his warriors went with
Colonel Clinch and blew it up, and killed nearly all who were in it; and
the others were with the _Seminoles_, and not with the Creeks.
To this answer the commissioners of Georgia replied, that by the
treaties of Augusta, and Galphinton, and Shoulderbone, the Creeks were
bound to deliver all negroes who had left their masters in Georgia;
that, if they had done so, the British would not have carried them off,
nor would they have been killed in the fort; that the _Seminoles were a
part of the Creek nation_, who were responsible, not only for the slaves
and their increase, but also for the loss of the labor which they would
have performed had they remained in bondage.
Of the means used to obtain the treaty, we have no other information
than appears of record. Those acquainted with the usual modes of
negotiating Indian treaties, by the use of intoxicating liquors, by
bribery, and those appliances generally used on such occasions, will not
wonder at the stipulations contained in the Treaty of "Indian Spring."
By the first article, the Creeks ceded to the United States, for the
benefit of Georgia, about five million acres of their most valuable
territory. The second article provided for the reservation of certain
lands, to be retained by those who were then living upon them. The third
reserved certain lands for the use of the United States agency; and the
fourth is in the following words:
"It is hereby stipulated and agreed, on the part of the United States,
as a consideration for the land ceded by the Creek nation, by the first
article, that there shall be paid to the Creek nation, by the United
States, ten thousand dollars in hand, the receipt whereof is hereby
acknowledged, forty thousand dollars as soon as practicable after the
ratification of this convention, five thousand dollars annually for two
years thereafter, sixteen thousand dollars annually for five years
thereafter, and ten thousand dollars annually for six years thereafter;
making in the whole fourteen payments, in fourteen successive years,
without interest, in money or goods, and implements of husbandry, at the
option of the Creek Nation, seasonably signified, from time to time,
through the agent of the United States residing with said nation, to the
Department of War. And as a further consideration for said cession, the
United States do hereby agree to pay to the State of Georgia, whatever
balance may be found due by the Creek Nation to the citizens of said
State, whenever the same shall be ascertained, in conformity with the
reference made by the commissioners of Georgia and the chiefs, head-men
and warriors of the Creek Nation, to be paid in five annual
installments, without interest, provided the same shall not exceed the
sum of two hundred and fifty thousand dollars; the commissioners of
Georgia executing to the Creek Nation a full and final relinquishment of
all the claims of the citizens of Georgia against the Creek Nation, for
property taken or destroyed prior to the act of Congress, of one
thousand eight hundred and two, regulating the intercourse with the
Indian tribes."
The fifth article merely provides for running the boundaries of the
several reservations. It was duly signed and witnessed, and bears date
on the eighth of January, 1821.
Deeming the treaty not sufficiently explicit in its terms, the
commissioners on the part of Georgia, entered into a further agreement
with the Indians, which reads as follows:
"Whereas at a conference, opened and held at the Indian Spring, in the
Creek Nation, the citizens of Georgia, by the aforesaid commissioners,
have represented that they have claims to a large amount against the
said Creek Nation of Indians: Now, in order to adjust and bring the same
to a speedy and final settlement, it is hereby agreed by the aforesaid
commissioners, and the chiefs, head-men and warriors of the said Nation,
that all the talks had upon the subject of these claims, at this place,
together with all claims on either side, of whatever nature or kind,
prior to the act of Congress of one thousand eight hundred and two,
regulating the intercourse with the Indian tribes, with the documents in
support of them, shall be referred to the decision of the President of
the United States, by him to be decided upon, adjusted, liquidated and
settled, in such manner and under such rules, regulations and
restrictions as he shall prescribe: Provided, however, if it should meet
the views of the President of the United States, it is the wish of the
contracting parties, that the liquidation and settlement of the
aforesaid claims shall be made in the State of Georgia, at such place as
he may deem most convenient for the parties interested; and the decision
and award thus made and rendered, shall be binding and obligatory upon
the contracting parties."
There was also an assignment of the title, or right of property claimed,
executed to the United States by the Commissioners of Georgia, which is
in the following language:
"Whereas a treaty, or convention, has this day been made and entered
into, by and between the United States and the Creek Nation, by the
provisions of which the United States have agreed to pay, and the
commissioners of the State of Georgia have agreed to accept, for and on
behalf of the citizens of the State of Georgia having claims against the
Creek Nation, prior to the year one thousand eight hundred and two, the
sum of two hundred and fifty thousand dollars:
"Now know all men by these presents, that we, the undersigned,
commissioners of the State of Georgia, for and in consideration of the
aforesaid sum of two hundred and fifty thousand dollars, secured by the
said treaty, or convention, to be paid to the State of Georgia, for the
discharge of all bona fide and liquidated claims which the citizens of
the said State may establish against the Creek Nation, do, by these
presents, release, exonerate and discharge the said Creek Nation from
all and every claim and claims, of whatever description, nature or kind
the same may be, which the citizens of Georgia now have, or may have
had, prior to the year one thousand eight hundred and two, against the
said Nation. And we do hereby _assign, transfer and set over unto the
United States, for the use and benefit of the said Creek Nation_, for
the consideration hereinbefore expressed, all the right, title and
interest of the citizens of the said State to all claims, debts,
damages, and property of every description and denomination, which the
citizens of the said State have or had, prior to the year one thousand
eight hundred and two, as aforesaid, against the said Creek Nation."
It were useless for the historian to criticise the language of these
several instruments. The "claims" mentioned in them, and referred to the
President, were mostly for slaves who left their masters during the
Revolution, and prior to 1802; at least such was the construction given
to the treaty, the agreement and assignment by the parties; and we
cannot, at this day, assert that they did not understand their own
compacts.
The Creeks were to receive two hundred thousand dollars in cash; and the
United States agreed to pay to Georgia her claims, provided they did not
exceed _two hundred and fifty thousand dollars_. The amount due to
Georgia was to be ascertained by the President, and paid by the United
States. The third, and a very important point was the _assignment_ to
the United States, for the benefit of the Creek Indians, of the
interest vested in the claimants to the _property_ and _persons_
claimed--the _United States to hold such interest in trust_ for the
Creek Indians.
By this arrangement, our Government became owners of the Exiles referred
to, _in trust for the benefit of the Creeks_, according to the
construction which the Indians, the authorities of the United States and
those of Georgia, placed upon the assignment, the agreement and treaty.
This important point, if borne in mind, will aid the reader in
understanding the subsequent action of the Federal authorities in
relation to this subject.
[Sidenote: 1822.]
In pursuance of this treaty, the President promptly appointed a
commissioner to ascertain the amounts due the several claimants. But
great difficulties had to be encountered. The claims commenced in 1775
and extended down to 1802, and it was extremely difficult to obtain
evidence of facts which transpired so long prior to the examination.
Sufficient proof was produced, however, to satisfy the commissioner that
ninety-two slaves had, within the periods mentioned, left their masters,
in Georgia, and fled to the Indians; and the estimated value of slaves
and other property lost to the owners in this manner, amounted to one
hundred and nine thousand dollars.[54]
[Sidenote: 1823.]
This amount of money was duly appropriated by Congress. So far as we are
informed, no member of the House of Representatives, or of the Senate,
appears to have entertained doubts as to the propriety of this
governmental slave-dealing. The whole negotiation and arrangement had
been conducted and managed by Southern men, and Northern statesmen
quietly submitted. Thus, after a struggle of thirty-eight years, the
Slaveholders of Georgia, by the aid of our Federal Government, obtained
compensation for the loss of their fugitive bondmen.
After the distribution of the amount found due to the claimants, there
yet remained in the hands of the President one hundred and forty-one
thousand dollars, being the remainder of the two hundred and fifty
thousand appropriated by the treaty to secure the payment of these
claims. This money apparently belonged to the Indians. The claimants for
slaves could not have any title to it, for they had expressly
stipulated, that the award of the commissioner should be _conclusive_
upon the parties. The claimants, by that award, received full
compensation for their loss; yet they next demanded of the President the
hundred and forty-one thousand dollars which remained in his hands.
Notwithstanding the commissioners on the part of Georgia expressly
agreed to abide by the award, and had assigned all interest in the
property and _in the persons_ residing with the Indians, to the United
States, and had received their money in full, under the treaty; yet they
desired to get the remainder, which was considerably larger than the
amount awarded them by the commissioner.