The Exiles of Florida. Giddings Joshua Reed
at a place called “Shoulderbone,” by which the Creeks appear to have acknowledged the violation of the Treaty of Galphinton, and again stipulated to observe its covenants.10
We have no reliable information as to the number of the Creek towns represented at the making of this third treaty by Georgia. The whole transaction was by the State, in her own name, by her own authority, without consent of Congress, and all papers relating to it, if any exist, would of course be among the manuscript files of that State. It is believed that Georgia never printed any of these treaties; and we can only state their contents from recitals which we find among the State papers of the Federal Government. It is however certain, that the Creeks denied that any such treaty had been entered into; and they continued hostilities, as though no such treaty had been thought of by them. This pretended Treaty of Shoulderbone exerted no more moral influence among the Creeks than did that of Galphinton. The war continued between the people of Georgia and the Creeks. The savages appeared to be aroused to indignation by what they regarded as palpable frauds. Excited at such efforts to impose upon them stipulations degrading to their character, they prosecuted the war with increased bitterness.
The natural results of such turpitude, induced Georgia to be one of the first in the sisterhood of States to adopt the Federal Constitution (Aug. 28). Her statesmen expected it to relieve their State from the burthens of the war which then devastated her border.
Soon as the Federal Government was organized under the constitution, the authorities of Georgia invoked its aid, to protect her people from the indignation of the Creek Indians.
General Washington, President of the United States, at once appointed Commissioners to repair to the Indian country, ascertain the real difficulty, and if able, they were directed to negotiate a suitable treaty, in the name of the United States. The State of Georgia claimed title to the territory ceded by the treaties of Galphinton and Shoulderbone; while the Creeks entirely repudiated them, declaring them fraudulent, denying their validity, and refusing to abide by their stipulations. The governor of Georgia placed in the hands of the Commissioners of the United States, a list of property which had been lost since the close of the Revolution by the people of Georgia, for which they demanded indemnity of the Creeks. This list contained the names of one hundred and ten negroes, who were said to have left their masters during the Revolution, and found an asylum among the Creeks. The Treaty of Galphinton contained a stipulation on the part of the Creeks, to return all prisoners, of whatever age, sex or color, and all negroes belonging to the citizens of Georgia, “then residing with the Creeks.”
Arrangements had already been made with the chiefs, warriors and principal men of the Creek nation, to meet the Commissioners of the United States at Rock Landing, on the Oconee River. The Commissioners were received by the Indians with great respect and formality; but soon as they learned that the Commissioners were not authorized to restore their lands, they broke off all negotiation, promising to remain in peace, however, until an opportunity should be presented for further negotiations.
The failure of this mission was followed by the appointment of Col. Willett, an intrepid officer of the Revolution, who was authorized to proceed to the Creek nation, and, if possible, to induce its chiefs and headmen to repair to New York, where they could negotiate a new treaty, without the interference of the authorities or people of Georgia.
Col. Willett was successful. He induced the principal chief, McGillivray, the son of a distinguished Indian trader, together with twenty-eight other chiefs and warriors, to come on to New York, for the purpose of forming a treaty with the United States, and settling all difficulties previously existing between Georgia and their nation. On their way to New York, they were received at Philadelphia, by the authorities of that city, with great ceremony and respect. Their vanity was flattered, and every effort made to induce them to believe peace with the United States would be important to both parties.
At New York they found Congress in session. Here they mingled with the great men of our nation. The “Columbian Order,” or “Tammany Society,” was active in its attentions. They escorted the delegation to the city, and entertained them with a public dinner; and made McGillivray, the principal chief, a member of their society. In this way, the minds of the Indians were prepared for entering into the treaty which followed.
There was, among the people of the entire nation, an intense anxiety to render every part of the Union satisfied and pleased with the Federal Government, then just formed, as they felt that their only hope of prosperity depended upon a continuance of the federal union. There was also a general sympathy throughout the nation with the slaveholders of the South, who were supposed to have suffered much, by the loss of their servants, during the war of the Revolution; few people at that time realizing the moral guilt of holding their fellow-men in bondage.
While the revolutionary contest was going on, many slaves in the Southern States escaped from the service of their masters, and, under the proclamations of various British commanders, enlisted into the service of his Britannic Majesty; and having taken the oath of allegiance to the crown of England, were regarded as British subjects. Others escaped with their families, and getting on board British vessels, sailed to the West Indies, where they settled as “free persons.” Thus, while one class of masters had sustained great losses by the enlistment of their slaves, another class had suffered by the escape of their bondmen, through the aid of British vessels; while a third sustained an equal loss by the escape of their servants to the Seminoles in Florida. These three different interests united in claiming the aid of government to regain possession of their slaves, or to obtain indemnity for their loss.
The timely arrival of Mr. Pinckney, secured the insertion of a clause in the Treaty of Paris, providing that his Britannic Majesty should withdraw his troops from all American forts, arsenals, shipyards, etc., without destroying ordnance or military stores, or “carrying away any negroes or other property of the inhabitants.” This provision was regarded by the slaveholders of the South as securing a compensation to all those whose slaves had enlisted in the British army, as well as to those whose slaves had escaped to the British West India Islands by aid of English vessels; while those whose servants were quietly living with the Seminoles, had not been provided for by the treaty of peace.11 These circumstances rendered the owners of the Exiles more clamorous for the interposition of the State Government, inasmuch as the federal authority had entirely omitted to notice their interests, while it was supposed to have secured a compensation to the other two classes of claimants.
It was under these circumstances, that General Washington proceeded to the negotiation of the first treaty, entered into under our present form of government. The chiefs, headmen and warriors of the Creek nation were present at New York: Georgia was also there by her senators and representatives, who carefully watched over her interests; and General Knox, the Secretary of War, was appointed commissioner to negotiate a treaty, thus to be formed, under the personal supervision of the President.
The object of the President was effected, a treaty was formed, and bears date August 1, 1790. It constitutes the title-page of our diplomatic history. This first exercise of our treaty-making power under the constitution, was put forth for the benefit of the Slave interests of Georgia. It surrendered up to the Creeks certain lands, which the authorities of Georgia claimed to hold under the treaty of Galphinton, but retained substantially the stipulation for the surrender of negroes, which had been inserted in that extraordinary compact.
By the third article of this new treaty, it was stipulated as follows:
“The Creek nation shall deliver, as soon as practicable, to the commanding officer of the troops of the United States stationed at Rock Landing, on the Oconee River, all citizens of the United States, white inhabitants or negroes, who are now prisoners in any part of the said nation. And if any such prisoners or negroes should not be so delivered, on or before the first day of June ensuing, the governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners and negroes.”
Historians have referred to this clause as containing merely a stipulation for the surrender of prisoners;12 but the manner in which the term “negroes”
Vide Documents accompanying the Treaty of New York; Am. State Papers, Vol. I, Indian Affairs.
The reader need not be informed, that these demands of indemnity for slaves were promptly rejected by the English government; and Jay’s Treaty of 1794, surrendered them forever.
Hildreth, in his History of the United States, speaks of in that light.