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.
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]
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.
CHAPTER VI.
FURTHER EFFORTS TO ENSLAVE THE EXILES.
Indians and Exiles on the Appalachicola River—Other Exiles at Withlaeoochee, St. John’s, Cyprus Swamp, Waboo Swamp—Indians in various parts of Territory—Difficulty of the subject—President’s Message—Committee of Congress—Interrogations—Mr. Penieres’ Answer—General Jackson’s Answer—He relies on Force—United States recognize the Florida Indians as an Independent Band—Willing to treat with them—Difficulties—Instructions to Commissioners—Treaty of Camp Moultrie—Reservations—Covenants on part of United States—Covenants on part of the Seminoles—Congress makes no objection—Effect of Treaty—Its Objects—Election of the younger Adams—His Policy—Indian Agent, Colonel Humphreys—William P. Duval’s Instructions—Claimants complain of the Agent—Commissioner of Indian Affairs reproves him—His Letter—Reply—Difficulty of Agent—Dangers which threaten the Exiles—Colored Man seized and enslaved—Indians Protest—Colonel Brooke’s Advice—United States Judge expresses his Opinion—Effect on Exiles—Mrs. Cook’s Slave—Demand for Negroes—Suggestions of Agent—Practice of Government—Treaty of Payne’s Landing—Its Stipulations—Abram—His Character—Chiefs become Suspicious—Delegations sent West—Executive Designs—Supplemental Treaty—Major Phagan—Petition of the People of Florida—Indorsement thereon—Treaties approved by Senate—Creeks remonstrate—Payment of $141,000 to Slave Claimants—Supineness of Northern Statesmen—Creeks demand Exiles or Slaves—Georgians kidnap Exiles—Their Danger—They dissuade from Emigration—Their Warriors—Wiley Thompson’s Statement—General Clinch’s Interest—Colonel Eaton’s Views—General Cass’s Reply—His Address to Indians—He authorizes Slave trade—Effects of such License—Agent and others Remonstrate—He replies—Agent rejoins—Exiles prepare for War.