The Exiles of Florida / or, The crimes committed by our government against the Maroons, who fled from South Carolina and other slave states, seeking protection under Spanish laws.

by Joshua R. Giddings

Communities, like individuals, often exhibit in early life those characteristics which distinguish their mature age, and become ruling passions when senility marks the downhill of life. Thus Georgia, in her very infancy, exhibited that desire for controlling our National Government which subsequently marked her manhood. Possessing no power under the Constitution to enter into any treaty except by consent of Congress, her Executive appointed three Commissioners to attend and supervise the action of those appointed by the Federal Legislature. The time and place for holding the treaty had been arranged with the Indians by the Governor of Georgia. At Galphinton,[5] the place appointed, the Commissioners of the United States met those of Georgia, who presented them with the form of a treaty fully drawn out and ready for signatures, and demanded of the Commissioners of the United States its adoption. This extraordinary proceeding was treated by the Federal Commissioners in a dignified and appropriate manner, in their report to Congress. One important provision of this inchoate treaty stipulated for the return to the people of Georgia of such fugitive negroes as were then in the Indian country, and of such as might thereafter flee from bondage.

The Commissioners appointed by Congress waited at Galphinton several days, and finding only two of the one hundred towns composing the Creek tribe represented in the council about to be held, they refused to regard them as authorized to act for the Creek nation, and would not consent to enter upon any negotiation with them as representatives of that tribe. This course was not in accordance with the ideas of the Commissioners appointed by Georgia. After those of the United States had left, they proceeded to enter into a treaty with the representatives from the two towns, who professed to act for the whole Creek nation.

This pretended treaty gave the State of Georgia a large territory; and the eighth article provided, that “the Indians shall restore all the negroes, horses and other property, that are or may hereafter be among them, belonging to the citizens of this State, or to any other person whatever, to such person as the governor shall appoint.”[6]

This attempt to make a treaty by the State of Georgia, in direct violation of the articles of Confederation, and to bind the Creek nation by an act of the representatives of only two of their towns, constitutes the first official transaction of which we have documentary evidence, in that long train of events which has for seventy years involved our nation in difficulty, and the Exiles of Florida in persecutions and cruelties unequaled under Republican governments.

The Commissioners of the United States made report of their proceedings to Congress; and those of Georgia reported to the governor of that State.[7] Their report was transmitted to the Legislature, and that body, with an arrogance that commands our admiration, passed strong resolutions denouncing the action of the Federal Commissioners, commending the action of those of Georgia, and asserting her State sovereignty in language somewhat bombastic.

1786.

1787.

Soon after the making of this pretended treaty, the Creeks commenced hostilities, murdering the people on the frontiers of Georgia, and burning their dwellings. The Spanish authorities of Florida were charged with fomenting these difficulties, and the Congress of the United States felt constrained to interfere.[8] The Commissioners previously appointed to form a treaty with the Creeks, were, by a resolution of the Continental Congress, adopted Oct. 26, instructed to obtain a treaty with the Indians which would secure a return of all prisoners, of whatever age, sex or complexion, and to restore all fugitive slaves belonging to citizens of the United States.[9]

This resolution was the first act on the part of the Continental Congress in favor of restoring fugitive slaves. It was adopted under the articles of Confederation, before the adoption of our present constitution, and of course constitutes no precedent under our present government; yet it introduced a practice that has long agitated the nation, and may yet lead to important and even sanguinary results.

1788.