Joshua Giddings - The Exiles of Florida

Notwithstanding these clamors, the Government was powerless as to obtaining relief for either class. The British Ministry refused indemnity, and the Seminoles, supported and encouraged by the Spanish authorities, were inexorable in their refusal to surrender the Exiles.

At that early period of our history, the subject of slavery greatly perplexed the Federal Administration; nor was the genius, or the influence of Washington, sufficiently powerful to silence the malcontents. He was fortunate in selecting Judge Jay, of New York, as a Minister Plenipotentiary, for negotiating a treaty with Great Britain. This illustrious patriot possessed great purity of character; had long been distinguished for his devotion to the welfare of the nation; and, although a Northern man, Southern slave claimants could raise no objection to him.

But every step towards the adjustment of the claims arising for slaves carried away by the English ships, or enlisted into the British army, had the effect to render the owners of Exiles more importunate. There was only one recourse, however, left for the Administration; they could do no more than to call on the Creeks for a new treaty, in order to adjust these claims.

As the President was about to take measures for obtaining another treaty with the Creeks, news arrived from England that Judge Jay, in forming a new treaty with the British Crown, had been constrained to surrender all claims of our citizens for slaves carried from the United States in British vessels during the war, or for those who had enlisted into the British service. This news created much excitement among the slaveholders of the Southern States. The treaty was denounced by the public Press, and a strong effort was made to defeat its approval by the Senate. But failing in that, the slave power was rallied in opposition to making any appropriation, by the House of Representatives, for carrying the treaty into effect, and perhaps at no time since the Union was formed, has it been in greater danger of disruption; but the friends of the treaty prevailed in both Houses of Congress, and it became a paramount law of the nation.

While those incidents were transpiring, the Exiles were engaged in cultivating their lands, extending their plantations and increasing their flocks and herds, and consolidating their friendships with the Indians around them. Of all these facts the bondmen of Georgia had full knowledge. It were impossible for them to contemplate their friends, in the enjoyment of these rights and privileges, without a strong desire to share in those blessings of freedom. The example of the Exiles was thus constantly exerting an influence upon those who remained in bondage. Many of them sought opportunities to flee into Florida, where they, in like manner, became free subjects of Spain.

This condition of things induced General Washington to make another effort to remedy existing evils, and prevent their recurrence in future. He took measures to obtain the attendance of the Chiefs, head men and warriors of the Creek nation, at a place called Colerain, for the purpose of forming another treaty. He again appointed Benjamin Hawkins, George Clymer and Andrew Pickens, Commissioners, to meet the Indians in Council, and agree upon the proper adjustment of pending difficulties. These men were interested in the institution of Slavery, and were supposed to be perfectly acceptable to the claimants, as well as to the authorities of Georgia.

The parties met at the place appointed, and proceeded to the consideration of the proposed treaty. The Creeks were not disposed to make further grants of territory; nor were they able to give any better assurance for the return of the Exiles than had been given at New York. They insisted that, by the treaty of New York, they were only bound to return those negroes who had been captured since the treaty of peace between the United States and Great Britain; these they had delivered up, so far as they were able to surrender them. They admitted there were more negroes among them, whom they might probably obtain at some future day, and expressed a willingness to do so. It is however evident, from the talk of the various Chiefs, that they had no idea of returning those Exiles who were residing in Florida – no allusion being made to them by either of the Commissioners, on the part of the United States, nor by the Indians. The Council was also attended by Commissioners on the part of Georgia, who attempted to dictate the manner of transacting the business, and, even in offensive language, charged the Commissioners of the United States with improper conduct; but in no instance did they name the Seminoles, nor allude to any obligation, on the part of the Creeks, to return the Exiles resident among the Seminoles. It should however be borne in mind, that these Commissioners on behalf of Georgia left the council in disgust, before the close of the negotiation. In the treaty itself, however, there is a stipulation that the treaty of New York shall remain in force, except such parts as were expressly changed by that entered into at Colerain; and that portion of the treaty of New York by which the Creeks assumed to bind the Seminoles, was not changed. 19 19 Vide the papers accompanying this Treaty when submitted to the Senate. They are collected in the second volume of American State Papers, entitled “Indian Affairs.” They will afford much interesting matter as to the doctrines of “State Rights” and Nullification, which it is unnecessary to embrace in this work.

The seventh article of the Treaty of Colerain reads as follows: – “The Creek nation shall deliver, as soon as practicable, to the Superintendent of Indian Affairs, at such place as he may direct, all the citizens of the United States, white inhabitants and negroes, who are now prisoners in any part of the said nation, agreeably to the treaty at New York; and also all citizens, white inhabitants, negroes and property, taken since the signing of that treaty. And if any such prisoners, negroes, or property, should not be delivered on or before the first day of January next, the Governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners, negroes and property, under the direction of the President of the United States.” This stipulation was understood by the Creeks, and they were willing to perform it; but it is very obvious, from all the circumstances, that they had no idea of binding the Seminoles to return the Exiles resident in Florida.

The State of Georgia obtained very little territory by this treaty, and no further indemnity for the loss of their fugitive bondmen. The people of that State, therefore, were greatly dissatisfied with it. But the extraordinary feature of this treaty, consists in the subsequent construction placed upon it by the authorities of Georgia, who, twenty-five years subsequently, insisted that the Seminoles were in fact a part of the Creek tribe, bound by the Creek treaties, and that the Creek nation were under obligation to compel the Seminoles to observe treaties made by the Creeks.

In each of the treaties made between the State of Georgia and the Creeks, as well as in that made at New York, between the United States and the Creek nation, attempts had been made to bind the Seminoles, although that tribe had steadily and uniformly denied the authority of the Creeks to bind them; and being sustained by the Spanish authorities, it became evident that all further efforts to induce them to submit to the government of the Creeks would be useless. This independence they had maintained for nearly half a century. They had in no instance acknowledged the authority of the Creeks since they left Georgia, in 1750; nor is it reasonable to suppose the authorities of that State, or those of the United States, were ignorant of that important circumstance.