USA > Georgia > The bench and bar of Georgia: memoirs and sketches. With an appendix, containing a court roll from 1790-1857, etc., volume I > Part 48
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Believe me to be, respectfully, sir, your obedient servant,
D. BLACKSHEAR, Brigade-Major.
VI,-GOV. JACKSON TO D. BLACKSHEAR.
EXECUTIVE DEPARTMENT, LOUISVILLE, June 18, 1799.
SIR :- I received your communication of the 16th instant, by Mr. Allen, this morning, and am sorry to learn the state of things in your quarter; but I yet hope there will be no occasion for violence on our side.
Did the citizens who entice the Indians on this side the river know the injury they do to the reputation of the State, exclusive of that they occa- sion to their neighbors, I am certain they would desist from a practice neither warranted by the laws nor dictated by honesty, justice, or pru- dence.
Supposing that I possess a gang of cattle which can feed better over the Oconce than on this side, but to gain permission for which I must accept of visits from the Indians and furnish them with spirituous liquors: is it proper that I should keep, or be allowed to keep, that gang over that river, in order to entice those Indians on this side, give them liquors, and, in a state of intoxication, lay all my neighbors open to their depredations, -and this, too, when my neighbors are in no ways interested in property over the river? The settlement would be justified in taking harsh steps with the persons and cattle which should thus expose them to savage incursion.
Mr. Allen has mentioned two persons guilty of this charge,-Captain -, of Montgomery, and Mr. - , at the Bluff. I confess myself surprised at Captain -, after the recent occurrence which put him to so much trouble. It appears as if, after having drawn the vengeance of the Indians on his country, and risked an Indian war, with all its horrors, that way, (and that some were killed in consequence of his conduet is cer- tain,) that he is now determined to rouse the whites against the Indians, and bring on trouble that way. Mr. - I am not acquainted with, but should be sorry if I should be driven to the necessity of informing Mr.
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Hawkins of those things, and of permitting the Indians taking off such gangs over the Oconce as may have been purposely driven over.
The enclosed extract of a law now in force in this State will, however, be sufficient for you or any other magistrate to stop the practice of selling spirituous liquors to Indians, by taking up and binding over the persons guilty as therein pointed out.
As to the Indians, I wish we could forbear as much as possible from commencing violence. At the same time, it is far from my wish or inten- tion to screen them or support them in any bad action. Should the horses not be found, (but which I hope they may be,) I shall make a posi- tive demand of them, and for that purpose request a particular descrip- tion of them by the owners, on oath, with the particulars of - and - conduct, and that of the Indians when last in.
Should other Indians come into your settlement, and behave so as to require noticing, if you can procure any information, they are liable to be sent to gaol equally with whites for any crime they may be guilty of ; and if, after being required to go over the river to their own side, they obstinately remain, they are liable to be apprehended by a warrant, under the hand of any magistrate, as vagabonds, under the act to amend the act for punishment of vagabonds, passed the 1st February, 1788.
But I would much rather prefer the punishment of our own people, who are, in fact, the sole authors of those mischiefs by enticing them on this side the river. Should the worst of your fears, however, take place, you shall be supported. I only advise moderation and prudence on our side, to convince the Union that it is not the wish of the citizens of Georgia to commence hostility, or to precipitate the United States into an Indian war when they have every expectation of an European one, and which conduct, were we to commence, might so anger the Union as to prevent our obtaining the Oconee lands, which, I have reason to believe, is in a fair train.
The extract of the law, as I before mentioned, will point out your powers and duty with those who draw the Indians for interested purposes to this side the river.
I am, sir, your very obedient servant, JAMES JACKSON.
VII .- JAMES JONES TO D. BLACKSHEAR.
PHILADELPHIA, December 12, 1799.
DEAR MAJOR :- It is not the longest absence or mnost remote distance from an old friend that can make me forget him. When I saw you last, I recollect my promise to correspond with you constantly from this place. It is to prove I mean to fulfil that engagement, more than any interesting intelligence I can as yet afford you, that I now write.
We have been almost two weeks in session without taking the sense of Congress on any question of the least anxiety. Nothing of importance has as yet been proposed. My hours pass away very heavily for want of employment, for I have not been accustomed to this kind of dull inactivity, and it does not agree with me.
Our envoys to France have been gone now about six weeks; and many people here of high rank and information believe their mission will pro- duce a full and speedy reconciliation with that nation. There are others, however, who seem to consider their embassy in a different view, and who do not entertain any hopes of their success. From every thing I can
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learn, I am fully of opinion we shall have peace. On this ground it is in contemplation to attempt a reduction of the army-establishment and of the expensive system of defence. It is generally believed the attempt will succeed. The disposition of the present Congress appears at present to be much more temperate than that of the late. There are in the majority many moderate men, who will not support any violent party measures, if any such should be proposed. The President tells us, although peace should be established with France, we must not relax in the system of defence; that is to say, be it peace or be it war, we must have an army and navy. But I hope he will not find a majority of this Congress of that opinion.
This day we have the accounts of a most important victory obtained by Massena over the Russians and Austrians in Switzerland. I enclose you a paper containing this and other information.
I have not yet been able to attend to your business : that shall be the subject of my next. I hope to hear often from you. Please make known this information to your friends and neighbors. We are in hourly ex- pectation of being informed of the appointment of commissioners by the President to treat with us for our western territory. His language to us when we made known our powers to him gives us a right to expect it.
I am, dear sir, with real estcem, your most obedient servant, JAMES JONES.
VIII .- JAMES JONES TO D. BLACKSHEAR.
PHILADELPHIA, February 16, 1800.
DEAR MAJOR :- In my former letter I told you that I would inform you in my next of the state of the business you requested of mne to in- quire into here. I then thought confidently that I had brought on your memorandum on the subject. I am well assured I attended to it in assorting my papers at home just before I set out; but, to my surprise and mortification, I now find I must have left it in my desk in the hurry of business on leaving home. You must pardon this accident; and, if you receive this in season, write me immediately on the subject, and it will still be in time for me to inquire and bring you information on my return.
Congress do business so tediously that not one act of consquence is passed, although we have been nearly three months in session. You will no doubt have seen in the newspapers the motion for reducing the army. and the debates thereon, or a part of them ; also the motion for repealing that part of the -* law abridging the freedom of the press, and the fate of both these attempts. They were both unsuccessful. The first was lost by a majority of twenty votes; the last was once carried -, and, on a motion to amend the resolution, was defeated by a counter-resolution, 52 to 49.
Some resolutions have lately been passed to inquire into the circumstances of Jonathan Robbins' case, the man who was given up by the judge in South Carolina to the British consul and afterward hung in Jamaica. It appears, by the papers laid before Congress by the President, that he did request and advise the judge to give the man up. It also appears that no question was made whether Robbins was an American or not. An interesting question now arises in Congress to be determined :- whether, by
* Several words in this letter have been obliterated by the decay of the paper.
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the 27th article of the British treaty, an American citizen is liable to be delivered over to a foreign tribunal on a charge of having committed an offence on board a British ship or in the dominions of that kingdom, or whether that article of the treaty is to be construed to affect only British subjects who may seek refuge from justice in this country ?
Another equally interesting question is whether the Executive is justi- fiable in throwing the weight of his advice and request into the scale on any judicial determination. Each of these points will no doubt require a full and temperate discussion, and, I hope, will be determined consistently with the liberties and safety of our fellow-citizens.
There is an act before us for establishing a uniform system of bank- ruptcy, which I now think will pass. This was not my opinion till lately. I have serious apprehensions it will be the means of great fraud and abuses, and shall vote against it. Should it pass, I shall be happy to find my fears groundless on the operation of the law.
There is also a new militia law before us, introduced by General Lee. It has been ordered to be printed; but it is not yet done, so that I can only give you some of the principal features of it. It divides the people into classes according to age. All under twenty-six form the first class : these are to be first called out in case of war, and the others are not to be called on so long as the first class are sufficient to defend the country. These young men are to be called out so many days in each year to- (defaced,) the other classes not at all. I do not expect this will pass,- at least, in its present shape.
A resolution was last week laid on our table proposing an alteration in the Constitution to prevent judges from being appointed to any other offices than judicial.
You must have heard of the wonderful revolution in the French Govern- ment. What is to be the fate of that long convulsed and distracted country is for time only to ascertain. May it arrive at a permanent and happy system of government, ought to be every good man's wish. We have not yet heard of the arrival of our envoys in France. Some believe that the late change is favorable to negotiation; others think differently. For my own part, with the opportunity I have to judge, I cannot suppose there is much doubt of an amicable adjustment, if, as I have been assured and believe, our envoys are seriously disposed to effect it.
We have not yet had a meeting with the Commissioners of the United States on our land-business, although we have done all we could to obtain one. One of the commissioners has gone to England lately, and another is appointed in his stead. We are now told we are to be favored with a meeting in a few days. We cannot promise ourselves any thing more at present than to obtain from those commissioners such proposals as may be likely to meet the approbation of our Assembly, who may in that case pass another act to accept them; for we are informed, indirectly, that the terms in our aet will not be acceded to. We shall, be assured, use every exertion to put this great subject in a train for completion as early as possible.
We have a law respecting post-roads before us, and have got an office inserted in Sandersville from Louisville. I would write you very often if you had a post now. Yours, truly,
J. JONES.
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IX .- JAMES JONES TO D. BLACKSHEAR.
LOUISVILLE, September 11, 1800.
DEAR SIR :- If I had not been prevented by the interdiction of inter- course from Savannah, I should some time since have visited you and some other friends in the western* part of the State, to explain fully the situation of our negotiation about the territory. It will be out of my power to perform that duty, and I will give you a statement of the busi- ness on paper.
You will have seen, by my letters from Philadelphia, that nothing could be done under the act of our State or that of Congress. The commis- sioners had power only to receive our proposals, not to close with them. We had no power to make proposals other than those contained in the law. Thus our negotiations would have terminated at the beginning, had we not supposed it better to endeavor to enter upon such explanations as would tend to bring about the accomplishment of our object as early as possible. With this view, we had frequent interviews with the Commis- sioners of the United States, who at length told us that if their powers were enlarged they would make us positive proposals immediately, which we might lay before our Legislature for their determination. This we considered a desirable plan, and a clause was introduced in Senate author- izing the Commissioners to agree finally with us and accept a cession on such terms as they might think reasonable. This passed; but a clause was added to empower them to settle all claims of individuals to any of the land in question. This I opposed, and after a long debate it was struck out. Another clause, however, was inserted, to authorize them to report a statement of facts to Congress for their decision thereon. This I did not like, and told the House so; but I thought it not so bad as the for- mer, and believed it best not to defeat the law on that account. It finally passed in this shape at the close of the session,-for the Senate had hung up the bill in suspense for three weeks, on account of losing the former clause, which they so ardently wished to pass.
The Commissioners of the United States now brought forward their proposals, which, to our surprise, were by no means such as we had a right from their conversation to expect. They proposed to extinguish the Indian claim to all our reserved lands at the expense of the United States, as soon as the Indians can be prevailed on to relinquish, and, further, to pay to Georgia a sum of money, to be hereafter agreed on, by way of price. This sum they intimated might be five hundred thousand dollars. But they propose to our Legislature to transfer the Yazoo deposit into the Treasury of the United States, and that the United States do indemnify the State against the purchasers. This we assured them we had no power to treat of, nor had the State Legislature power over it, nor, if they had, did we believe they would do any thing of the sort. They said the State might do it or not, as she pleased, but they thought it necessary to propose it. We told them it would be very obnoxious. They also speak of the claims against the lands, which will reduce the price to be paid to the State. We replied, we admit no claims whatever on the lands except those of the settlers, and that we would not, nor did we believe the State would, notice or admit of any claims whatever in the act of cession, when-
" It is quite amusing now to hear of the Oconee as the western portion of Georgia.
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ever it should be made, and remonstrated against introducing that subject into the proposals. But they answered, we might avoid answering to that part of the proposals if we chose, but they deemed it their duty to suggest the clains.
We discovered very soon a disposition in the commissioners to favor the purchasers if it was possible, and used every means in our power to defeat them. They obtained from the President positive instructions to Col. Hawkins to use every exertion to bring the Indians to a treaty, for the purpose of obtaining the Oakmulgee Fork and Tallasee country, and authority for the Governor of the State to appoint an agent to co- operate with the agent of the United States in bringing about a dispo- sition in the Indians to relinquish their claims to those lands. This paper I enclosed to the Governor on my first arrival ; but the present distracted state of the Nation, owing to the wicked projects of Bowles and his abet- tors, forbid any attempt to hold a treaty at present; and Col. Hawkins has written the Governor to this effect. He also mentions he has received no instructions from the Government on the subject of a treaty. This is un- accountable, as we were assured the Secretary of War would enforce the instructions of the President, by writing in the most pressing manner to the agent on the subject. It may be possible that the copy which I brought on and furnished the Governor was intended to be forwarded to Col. Hawkins ; but this is an unusual way of sending despatches, and a very loose and uncertain one. In short, it is mysterious to me how this omission has happened. As it turns out, however, the State suffers no in- convenience from it, for it is obvious that nothing could be done at pre- sent with the Indians; and, if a treaty were held, it is most likely the money which Congress have appropriated for it would be faithlessly ex- pended. I trust, however, that the influence of Bowles in the Nation is by this time at an end, and that the divisions and ferment among the In- dians will soon subside, and afford us a favorable opportunity of making use of the means and power we have of acquiring the long-wished-for ex- tension of our limits.
I am still of opinion, if our next Legislature are firmly attached to the principles which have prevailed for some years past, and take the proper measures to confirm and establish what has been done, we shall soon have the happiness to see harmony and tranquillity restored, with a confirmation of our just and necessary proceedings. It is not to be denied that there are many men of considerable rank and influence in the General Govern- ment deeply interested in the speculations which have been made on our territory, and who have used, and will use, every effort in their power to establish the grants : but I am consoled by the belief that there will be found enough of disinterested patriotism and public virtue in the National Legislature to defeat their towering projects.
It will be necessary, if the Legislature shall think proper to pursue the object of a cession to the United States, to pass another law, giving full power to their commissioners to cede on such terms as they may think right. They may, and ought, at the same time to draw up a set of in- structions to their commissioners, prescribing the terms on which they were to cede; for if the terms are specified in the act there will be no room left for negotiation, and the other party have only to say yes or no. Whereas, on the other plan, mutual explanations might produce a fortunate termination of the business, which can hardly be expected from an abrupt
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declaration of the terms of cession in the law itself. Of this, however, the Legislature will judge and determine.
I am, dear sir, your most obedient friend and servant, JAS. JONES.
N.B .- The Secretary of War did not make his report on the claims of the militia till very late in the session. We endeavored, but in vain, to have it referred to a select committee. This could not be carried; for it was contrary to the rule of the House. It was referred to the Committee of Claims ; and I frequently pressed that committee to investigate and report on this subject ; but it was then so late, and the committee so much thronged with other business, they could not act on it. The chairman has promised, in a letter to me, to take up the subject at the beginning of the next session, when I shall press the matter with every exertion.
Major Blackshear will please communicate this information to his and my friends and constituents in the frontier-counties, and oblige his obedient friend, J. JONES.
X .- SAMUEL HAMMOND* TO D. BLACKSHEAR.
WASHINGTON CITY, December 23, 1803.
DEAR SIR :- I cover you herewith one of our papers of the day, which will communicate an idea of the proceedings of Congress. Of other news we are very barren here.
The Committee on Claims have, contrary to my expectations, reported unfavorably upon our militia-claims, although the Secretary of War had made a favorable report, which was referred to them. I yet hope, as their report is bottomed upon an opinion directly opposite to all the documents before them, that we shall procure an order for payment whenever the report is acted upon. At present we have a very thin House; and, Gen. Meriwether being one of the members absent, we shall avoid acting upon the report for some time, in order for the absent members being again' in their places.
I have not heard any thing from our State Legislature except the ap- pointment of their State officers. I fear they will adjourn before they will have it in their power to act upon the resolutions which passed here, proposing amendments to the Constitution of the United States relative to the election of President and Vice-President. I think it a subject of very high importance, and would be very sorry if we should be compelled to go again to that election hoodwinked as heretofore. The lively recol- lection of the situation we were placed in at the 'last Presidential election produces my anxiety on the present occasion.
Accept my best wishes for health and prosperity. With compliments of the season, I am, respectfully, your fellow-citizen,
S. HAMMOND. XI .- GOV. MITCHIELL TO GEN. DAVID BLACKSHEAR.
MILLEDGEVILLE, August 4, 1813.
DEAR SIR :- From the representations I have received of the fears of our people on the frontier, under the present state of Indian hostility, I
# Col. Hammond was an officer in the Revolution, was elected to Congress from Georgia in 1802, and, after filling various public employments under the General Government, served as Secretary of State of South Carolina. He died, September 11, 1842, in the eighty-fifth year of his age. See his biography in White's Historical Collections, p. 624.
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have to request that you will proceed to that part of the frontier within your brigade, and adopt such measures as will afford some security to the inhabitants, until the troops now ordered to be got in readiness are marched to the attack of the Indians.
You will report to me what you deem necessary in this respect, and have as much regard to economy as the nature of the case will admit.
I am, dear sir, with great regard and esteem, your very obedient servant, D. B. MITCHELL.
XII .- GEN. BLACKSHEAR TO LT. COL. E. WIMBERLY.
August 7, 1813.
(General Orders.)
SIR :- Agreeably to orders from his Excellency the Governor, of the 4th instant, you will proceed without delay to call out of your regiment one subaltern, one sergeant, one corporal, and fifteen privates to each of the three forts to be built on the frontier of your county, whose duty it will be to erect the said forts agreeable to the plan enclosed. You will relieve the said detachments once every week by the same number, until you re- ceive further orders. Those at Forts Telfair and Twiggs will be furnished with rations by Mr. Drury Williams, and Fort Jackson by Mr. William Jemison. Should any thing transpire to excite further alarms, you will communicate it to me without further delay.
You will call on some expert captain, in whom you have confidence, to take command of the whole detachment, whose duty it will be to super- intend the aforesaid works and the discipline of the troops.
I am, &c., D. BLACKSHEAR, Brigadier-General 2d Brigade 5th Division.
Note in the Order-Book .- Similar orders were given to Col. Allen Tooke, of Pulaski county. Major James Taylor is appointed to furnish the men building the forts in said county.
There were also similar orders given to Major Cawthorn, of Telfair county, who is authorized to make a contract to furnish the troops build- ing the forts on the frontier of that county.
XIII .- GEN. BLACKSHEAR TO GOV. MITCHELL.
OCONEE, August 13, 1813.
SIR :- I have just returned from my tour on the frontier of my brigade, where I found the inhabitants in a high state of alarm,-an immense number of whom had left and fled to the interior.
I proceeded to lay off three forts on the frontier of Twiggs county, (at about ten miles distant from each other,) about one hundred feet square, to have two block-houses, and enclosed with a stockade eight feet above ground,-and ordered one subaltern, a sergeant, a corporal, and fifteen privates to each, and a captain to command and superintend the buildings, and discipline of the men.
In Pulaski, having a greater extent of frontier, I laid out four, to be built in the same manner as those in Twiggs, and the same number of men to each, commanded by a captain.
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