History of Alabama, and incidentally of Georgia and Mississippi, from the earliest period. v. 2, Part 11

Author: Pickett, Albert James, 1810-1858
Publication date: 1851
Publisher: Charleston [S.C.] Walker and James
Number of Pages: 930


USA > Alabama > History of Alabama, and incidentally of Georgia and Mississippi, from the earliest period. v. 2 > Part 11
USA > Georgia > History of Alabama, and incidentally of Georgia and Mississippi, from the earliest period. v. 2 > Part 11
USA > Mississippi > History of Alabama, and incidentally of Georgia and Mississippi, from the earliest period. v. 2 > Part 11


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observation of men and things. His education was more lim- CHAPTER ited than that of any other man of the same distinction. In XXVI. consequence of his valuable military services, the Legislature of Virginia has preserved his memory, in the name of one of the counties of that State.


The preamble to the Yazoo bill. declared that the articles of confederation stipulated that each State was to retain her territory ; that, by the treaty of Paris, of 1783, the bounda- ries of Georgia, as well as those of other States, were con- firmed ; that they were consistent with all the former acts of Georgia, and with the convention held at Beaufort, in 1787, between South-Carolina and Georgia ; that the States had the right of pre-emption, as well as the full exercise of all territorial rights ; that the legislature disapproved of the New-York treaty with McGillivray ; that the President had no authority to guarantee, therein, all the territory west of the Oconee to the Creeks ; and that Georgia clearly had the right to convey fee simple titles to all her territories, to indi- viduals or companies.


The act stipulated that one-fifth of the purchase-money should be paid into the Georgia treasury, previous to the passage of the bill. The remainder was to be paid on the 1st November following, secured, by a mortgage, to the go- vernor. Payments were to be made in specie, United States Bank bills, or military warrants, drawn by the governor, from 1791 to 1705, inclusive.


For the sum of two hundred and fifty thousand dollars, the legislature sold to James Gunn, Matthew McAllister, George VOL. II. 9


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CHAPTER XXVI.


Walker, and their associates, termed the "GEORGIA COMPA- NY," an immense area of territory, which now embraces the following modern counties :


IN ALABAMA-Clarke, Marengo, Greene, Perry, Autauga, Bibb, Shelby, Tuscaloosa, Pickens, Fayette, Jefferson, St. Clair, the southern portions of Blount, Walker and Marion, and portions of Wilcox, Monroe, Dallas, Sumter and Baldwin.


IN MISSISSIPPI --- The larger portions of Kemper, Neshoba, Leake, Madison, Yazoo and Issaquena, all of Washington, Holmes, Attala, Winston, Noxubee, Lowndes, Oktibbeha. Choctaw, Carroll, Sunflower, Bolivar, Tallahatchie, Yalabusha, Chickasaw and Monroe.


1795 February 7


For the sum of one hundred and fifty-five thousand dollars, the legislature sold to Nicholas Long, Thomas Glasscock, Ambrose Gordon, Thomas Cumming, and their associates, 'called the " GEORGIA MISSISSIPPI COMPANY," all the territory out of which has since been formed the following counties :


IN MISSISSIPPI -- The northern portions of Greene, Perry, Marion, Pike, Amite and Wilkinson, all of Adams, Franklin, Lawrence, Covington, Jones, Wayne, Jefferson, Copiah, Simp- son, Smith, Jasper, Clarke, Lauderdale, Newton, Scott, Ran- kin, Hinds, Warren, Claiborne, and the southern portions of Yazoo, Issaquena, Madison, Leake, Neshoba and Kemper.


IN ALABAMA-Nearly all of old Washington and Sumter, and the south-west corner of Greene.


For the sum of thirty-five thousand dollars, that body also conveyed to Wade Hampton, John B. Scott aud John C. Nightingale, termed the " UPPER MISSISSIPPI COMPANY," the


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territory extending entirely across the extreme northern part of the State of Mississippi, twenty-five miles deep, now em- bracing the northern portions of the modern counties of De Soto, Marshall, Tippah, Tishamingo and a fragment of the northern part of Tunica.


For the sum of sixty thousand dollars, the Legislature of Georgia also sold to Zachariah Coxe, Mathias Maher, and their associates, called the "TENNESSEE COMPANY," all the territory comprising the whole of North Alabama, out of which the following counties have since been formed : Lau- derdale, Limestone, Madison, Jackson, De Kalb, Cherokee, Marshall, Morgan, Lawrence, Franklin, and the northern parts of Marion, Walker and Blount.


The lands thus conveyed to the four Yazoo companies, for the gross sum of five hundred thousand dollars, contained twenty-one million five hundred thousand acres. A reserve of two millions of acres was made, from this purchase, for the benefit of the citizens who desired to become purchasers, upon the original terms of sale. The four companies paid promptly into the treasury one-fifth of the purchase-money, and obtained titles from the governor. During the progress of this bold measure, the members of the legislature were in the midst of the profoundest excitement, which extended to the " lobby members," and the whole community.


The bill was signed by Thomas Napier, Speaker of the House, Benjamin Taliaferro, President of the Senate, and approved by His Excellency, George Mathews, Governor.


It was asserted that " bribery and corruption distinguished


CHAPTER XXVI.


1795 February 7


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CHAPTER the proceedings of the members favorable to the Yazoo act." XXVI. The public documents abound with affidavits, pro and con. It was asserted that members were bought up, to vote for the measure, by receiving, in advance, from the companies, certifi- cates of large shares of the land which they were about to vote to sell. The public became aroused upon the subject. A majority of the counties, through their grand juries, pronounced against the act. Public meetings assembled, all over Georgia, and the bitterest denunciations fell from the lips 1795 May 10 of every speaker. A large convention was held at Louisville, where hundreds of petitions were read, and evidence adduced, setting forth "the atrocious peculation, corruption and collu- sion, by which said usurped acts and grants were obtained." Although the tide of public sentiment swept over the State in angry torrents, destroying the popularity of the members who voted for the act, and elevating to power its most vio- November 1 lent opponents, yet the four companies paid up the whole of the purchase-money, and believed themselves secure in their vast fortunes, because the bill stipulated that the acts of no subsequent legislatures should affect their titles.


Washington was astounded at the Yazoo sale, and laid February 17 before Congress copies of the bill, using this language in reference to it: "These acts embrace an object of great magnitude, and their consequences may deeply affect the peace and welfare of the United States." The two houses of Congress adopted a resolution, instructing the Attorney-Gene- ral to investigate the title of Georgia to the lands sold.


The Legislature of Georgia again convened, in the winter,


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with a new governor and new body of members, except CHAPTER those who voted against the Yazoo sale. General James XXVI. 1795 Jackson, a distinguished partisan officer of the revolution, was at the head of the new organization. He had canvassed the State, and, from the hustings, denounced the extraordi- nary measure, while, with his able pen, he produced several severe pamphlets upon the subject. He introduced a bill for the repeal of the Yazoo sale, which declared it "null and void." It was adopted, and received the signatures of Jared 1736 February 13 Irwin, the new Governor, Thomas Stephens, Speaker of the House, and Benjamin Taliaferro, President of the Senate. In the midst of the largest procession ever known in the land, the records of the Yazoo act were expunged, and, to show the indignation of its opponents, the bill itself was consumed, in the streets of Louisville, by fire from HEAVEN !*


But, in the meantime, hundreds had emigrated to the Tombigby and the Mississippi, establishing themselves in those distant and isolated regions, intending soon to occupy the lands which the companies had proposed to grant them. In this respect, the Yazoo sale was a great blessing. It con- tributed to throw into that wild region a population of Geor- gians, whose activity, ability and enterprise better fitted them to seize, oceupy, and bring into cultivation a wilderness, mark


* They held a sun-glass over the paper, until it was consumed by the fire thus generated. The Yazoo act may be seen, together with all the votes upon it, and an account of the excitement which it produced, in Public Lands, vol. 1, pp. 120-141. Indian Affairs, vol. 1, pp. 551- 555-561. Georgia Digest, of 1798, pp. 557-558.


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CHAPTER XXVI.


1796 May


out towns, people them, build female academies, erect church- es, and hold courts, than any other people.


By an arrangement between the President and the Georgia authorities, Benjamin Hawkins, of North-Carolina, George Clymer, of Pennsylvania, and Andrew Pickens, of South- Carolina, repaired to Coleraine, upon the St. Mary's river, where they met James Jackson, James Simms and James Henricks, agents for Georgia. The object was the formation of a treaty of peace with the Creeks, and the cession, to Georgia, of the lands between the Oconee and the Ockmulgee. A full delegation of Indians, consisting of twenty Kings and seventy-five Chiefs, together with three hundred and forty warriors, soon arrived. Seagrove, the Creek Agent, suggested the propriety of moving the council from Coleraine to Mus- cogee, a short distance off, which was accordingly done. There, the Chiefs, after marching under the United States flag, performing the eagle-tail dance, smoking with the com- missioners, and engaging in other ceremonious preparations, began the council. The first day was occupied with the speeches of the commissioners, who gave a full exposition of the views and wishes of the President. On the following day, General Jackson, on the part of Georgia, made a long speech, in which he pointed out the faithless observance of their treaties with his State, by the Creeks, and exhibited two schedules of the property which they had stolen, amount- ing to the value of one hundred and ten thousand dollars, which he demanded to be restored. The Indians listened with profound attention, and, when he had concluded, they


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adjourned for the day -- the Big Warrior, who had lately be- come a prominent Chief, facetiously remarking, "I can fill up more paper than Jackson has done, with a list of similar out- rages of the Georgians upon my people."


A treaty was concluded, between the Chiefs of the whole Creek nation and the Federal commissioners, the former rati- fying the New-York treaty, and pledging themselves to carry out its provisions, and to assist Spain and the United States to run their line. They also stipulated to allow the govern- ment the right to establish posts upon the territory between the Ockmulgee and Oconee, allowing to each five miles square of land ; but they positively refused to cede any of this terri- tory to Georgia. The United States stipulated to allow the Creek nation two blacksmiths and two strikers, with tools and iron, and to distribute, immediately, six thousand dollars worth of goods among those who were present.


The Georgia agents were offended with Seagrove, with the Indians, and with the Federal commissioners. They present- ed to the latter a protest, in which they accused them of having disregarded the interests of Georgia. They brought charges against Seagrove, who, they contended, influenced the Creeks not to cede the lands as far as the Oekinulgee. The Federal commissioners denied these allegations. Sea- grove and Jackson became great enemies, and afterwards fought a duel .*


Washington had despatched Thomas Pinckney, as Envoy


CHAPTER XXVI.


1796 June 29


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June


* Indian Affairs, Al. 1, pp. 586-616.


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CHAPTER Extraordinary, to Madrid, who there concluded, with the XXVI. 1795 October 27


Prince of Peace, a treaty, in which the King of Spain stipu- lated that the southern boundary of the United States should be the line of 31º, from the Mississippi to the Chattahoochie, thence, down the middle of that river, to its junction with the Flint, thence direct to the head of the St. Mary's river, thence down the middle of that stream to the Atlantic ; that all Spanish posts and inhabitants, found north of this boundary, should be removed, within six months after the ratification of the treaty, and the American posts and in- habitants living south of it, should also be removed, within the same period ; that the navigation of the Mississippi, from its source to the Gulf, should remain free for the commerce of the subjects of Spain and the citizens of the American Union ; that both powers should cultivate peace with the Indians, for mutual benefit and protection : that, hereafter, Spain should not form treaties of alliance with Indians living upon Ameri- can soil, nor the Federal Government with Indians living upon Spanish territory ; and that Spanish and American commissioners should mark the boundary, before the expira- tion of six months, after the ratification of the treaty .*


Colonel Andrew Ellicott, who had remained upon the Oco- nee so long, to no purpose, awaiting a favorable opportunity to run the line, according to the New-York treaty, was now transferred, by Washington, to Natchez, as one of the com- missioners to mark the boundary between Spain and the


* Foreign Affairs, vol. 1, pp. 553-559.


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United States. He reached Natchez, by way of the Ohio, CHAPTER and immediately commenced negotiations with Don Manuel XXVI. 1797 Gayoso de Lemos, commandant of Fort Panmure, Governor February 24 of the Natchez dependencies, and commissioner on the part of Spain. But Carondelet had determined not to comply with the treaty, affecting to consider it made by his sovereign as a "court finesse," until he could settle his European diffi- culties, when he would wholly disregard it, and hold on to his posts east of the Mississippi. He again began to intrigue with the Western American population, for the dismember- ment of the Union, through his emissary, the notorious Pow- ers. General James Wilkinson, then at the head of the Western American army, who had long been the intimate friend of Carondelet, and had received from him private and exclusive privileges of trade, which were highly beneficial to him as a Western planter, was suspected of secretly advanc- ing these ends. Meanwhile, Lieutenant MeLeary, with an American force, unfurled the Federal flag upon the heights of March 15 Natchez. He soon afterwards marched to Fort Panmure, and demanded its surrender, agreeably to the treaty. But Gayo- so, who had placed it in complete repair, and had strength- ened it with artillery and men, refused to evacuate it. The Spanish posts at Walnut Hills and Baton Rouge were all


strengthened, by the orders of Carondelet. An angry cor- respondence ensued, in which Ellicott remonstrated against this conduct, as conflicting with the letter and spirit of the treaty. Gayoso justified himself, upon the ground that the Choctaws and Chickasaws, whom he had hired to surround


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CHAPTER XXVI. Natchez and make threats, intended to attack the Natchez settlements, in consequence of the presence of the American troops. While these things were going on, Lieutenant Percy Smith Pope arrived at Natchez, with forty men, which were added to the American force. Gayoso remonstrated against the presence of these troops, intrenched within sight of Fort Panmure. Their flag was an eye-sore to the Spaniards. He desired their removal to Clarkesville; but Ellicott refused. 1797 May Various reasons were given by the Spaniards for not evacua- ting the country, one of which had some foundation, and that was the descent upon New-Orleans, contemplated by Western American citizens, who had joined the British, of Canada, for that purpose. One of these men was Governor Blount, of Tennessee, whom the United States Senate, of which he was a member, unanimously expelled, for endeavoring to enlist Western men in such an enterprise. Colonel Hutchens, Mr. Ripelge, and other prominent citizens of the Floridas, it is asserted, were also concerned in the contemplated invasion. But this soon blew over, and other excuses for delay were invented by Carondelet and his subordinate commandants. These things served to irritate the Natchez population, which had greatly increased, and desired the expulsion of the Span- iards. Ellicott constantly urged Gayoso to begin the running of the line, but never could get him to appoint a time. The people became tumultuous, and Gayoso, dreading the conse- quences of an outbreak, issued a proclamation, announcing that the treaty would ultimately be complied with. They refused to listen to bis promises, and the excitement became


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alarming, when it was ascertained that Gayoso had impri- soned an American citizen, a Baptist preacher, named Hannah, who, having taken too much whiskey, had given the Spanish commandant some insulting language. The excitement was great in the country. Public meetings advised violent mea- sures. Gayoso was greatly alarmed, and issued another pro- clamation, exhorting the people to submit to the Spanish go- vernment, until the difficulties could be settled, and promising pardon to all who should repent of their misdeeds. The Georgians had never been accustomed to such language as this, and their anger now knew no bounds. Gayoso skulked through the cane, and had an interview with Ellicott, whose room he approached by the back way. By his earnest en- treaties, the American commissioner urged the people to be- come quiet, and he was greatly assisted by Colonel Hutchens, who had much influence with the old English population. He is the same gentleman, it will be recollected, whose pro- perty the Spaniards confiscated, in 1781, and who made his escape, through the Creek nation, to Georgia.


In the midst of scenes like these, Ellicott was kept in sus- pense, until the 29th March, when the Spanish fort was eva- cuated, and all the Spanish troops sailed down the river. He then marched his own troops, and corps of woodmen and surveyors, to Tunica Bayou, and commenced his survey in a dense swamp, upon the eastern bank of the Mississippi, where the line of 31º strikes it. In a few days, he was joined by Major Stephen Minor and Sir William Dunbar, commissioners


CHAPTER XXVI.


1797 June 14


1798 March 2


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CHAPTER on the part of Spain .* Gayoso was now Governor of Lou- XXVI. isiana, and he visited Ellicott's camp, with his military staff, and approved of the work, as far as it had progressed. Spain, as well as the United States, furnished troops, to protect the surveyors from attacks of the Indians. These, with the pack - horses, woodsmen and laborers, had the appearance of an army. The commissioners met with great difficulties, from thick swamps, creeks, marshes and rivers, all of which they had to go through. The trees were well blazed along the line, and a mound thrown up at the end of every mile. They 1798 did not reach Pearl river until the 19th November. There Ellicott left the surveyors, and went down that stream, in a canoe, to New-Orleans. Arranging his business with Gayoso, and purchasing a small vessel, camp equipage and supplies,


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November 19


1799 March 17 he sailed to Mobile, and thence up the river of that name, until he reached the camp of the surveyors. They had passed entirely through the Choctaw nation, without opposition from that people. The line of 31º struck Mobile river six miles below the junction of the Tombigby and Alabama, where several rivers run parallel, forming an immense swamp, seve- ral miles wide, which was now inundated. By means of April 2 boats, they erected signals upon the high lands of either side, and took the necessary observations and distances. These


* Monette, vol. 1, pp. 517-532. Stoddart's Sketches of Louisiana, p. 89. Marbois's Louisiana, pp. 163-165. Ellicott's Journal, pp. 26- 176. American State Papers, Boston edition, vol. 3, p. 335.


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signals consisted of flags and tremendous lightwood fires. CHAPTER Ellicott here again left the surveyors, sailed to Pensacola, and XXVI. lodged at the elegant quarters provided by the hospitable firm of Panton, Leslie & Co. Colonel Benjamin Hawkins, now a permanent Creek Superintendent, left the nation, by appointment, and, reaching Pensacola, informed Ellicott that a large number of Creeks were then on their way down, to hold a council. It was decided to meet them upon the Cone- cuh, where the line would cross. This was in opposition to the suggestion of Governor Folch, who proposed Pensacola, where, it was supposed, he intended to intrigue with the Creeks. to prevent the line being run. Indeed, the Spaniards generally were opposed to the surrender of so much territory. At Miller's Bluff, Ellicott, Hawkins, Minor, and Colonel Max- - ant, with several Spanish officers, met the Creeks. These agents of the United States and Spain, addressing the In- dians, urged them to assist in running the line, and not to oppose it, all of which they had stipulated to do, at the treaty of Coleraine. The Mad Dog, of Tookabatcha, replied, on the other side, and assured the commissioners that their wishes would be complied with, as they now understood that the line was to be run through their territory, by the consent of Spain. The surveyors, to whose party were added two Chiefs and twenty Creek warriors, had reached the Conecuh, and begun the line from thence to the Chattahoochie. Returning to Pensacola, Hawkins and Ellicott learned, to their surprise, that a large body of Creeks were on their way, by an ar- rangement of Governor Folch, and that the survey would. be


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CHAPTER XXVI.


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stopped. Encamping three miles north of Pencacola, these savages demanded presents of the American commissioner, which, from motives of policy, were granted, although he had no agency in assembling them. It was soon ascertained that Folch was secretly using every exertion to defeat the plans of the American government. Ellicott left Pensacola, sailed for the mouth of the Apalachicola, and ascended that river. Reaching the surveyors' camp, he ascertained that the Creeks had been very insolent, hanging upon their rear in large bodies, and plundering their effects. Greatly discouraged by this news, he pushed the survey to the Chattahoochie, where he fortified himself. He sent a runner to the Ockmulgee, for Hawkins, who had left Pensacola. About this time, Captain Minor dismissed his military escort, discharged many of his laborers, according to the instructions of Gayoso, given in May, and became very importunate to set out for the St. Mary's. In the meantime, Hawkins had arrived, and advised the continuance of the work. But a party of Indians ad- vanced, and declared their intention to plunder the camps. Resolutely marching up to them, with the military, Hawkins kept them at bay until 10 o'clock at night, when they pro- mised to remain at peace till morning. All that night, how- ever, the woods rang with their rictous yells, while they threw down the beef-pens, and stole cattle and horses. They cut all the rigging of Ellicott's schooner, and robbed the master and crew, stripping them to their shirts. Fortunately, the cargo had been taken to the camp. The commissioners determined to retreat from Governor Folch's savage banditti. Captain


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Minor, who is believed to have been innocent of any partici- CHAPTER pation in originating these hostilities, set out for the St. Mary's, XXVI. 1:99 attended by the American military escort, with the surveyors, September 18 who now ceased to work. Ellicott entered his naked schooner, and propelled her, in the best way he could, down the Apa- lachicola, having saved ali his papers and astronomical appa- ratus. Nearly three years had expired since he landed at Natchez, and he had only been able to mark the line from the Mississippi to the Chattahoochie, in consequence of the duplicity, treachery and opposition of the Spaniards. But the chief object was accomplished-the establishment of the southern boundary of the present States of Mississippi and Alabama. Colonel Hawkins, abandoned by the whole expe- dition, fearlessly remained, several days, among the Indians, endeavoring to reconcile them.


Approaching the sea, Ellicott found, wrecked upon Fox September2 Point, a schooner of the British navy, commanded by Lieu- tenant Wooldridge, among whose crew was the celebrated William Augustus Bowles. We left that gifted but bad man in the prison of Madrid, in 1792. Knowing his great influence with the Creeks, the King of Spain often sent per- sons of his Court to the prison, with offers of military titles and pay, if he would abandon his allegiance to the English interest, join that of Spain, return to the Floridas, and con- tribute to strengthen the colonies with his warrior-forces. But the proud and unyielding Bowles spurned these offers. The Court then confined him in elegant quarters, and sur- rounded him with servants. sparkling wines and rich viands,




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