USA > Georgia > The history of Georgia, Volume I > Part 26
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"On the 21st he gave them their answer. They made him some presents of snuff, chocolate, etc., and he returned them very handsome ones. All the time they were there we sent down sheep, hogs and poultry, with garden stuff in plenty for all their men, as also butter, cheese, wine, beer and all other refreshments.
" Tomo-chi-chi, Hyllispilli, and near thirty of the chiefest In- dians being returned from the southward, came on board painted and dressed as they are for war. Hyllispilli demanded justice for killing the Indians, and other outrages. The Spanish com- missary, Don Pedro, knew some of the facts, but seemed to doubt the rest. Each party had an interpreter."
The Indians proved that a party of forty Spaniards and In- dians had fallen upon some of their nation, who, depending upon the general peace between the Spaniards, the Indians, and the English, were lying without suspicion and consequently without guard. Thus surprised, several were killed and taken captive. The boys who were captured were murdered by having their brains dashed out, and the wounded were slain. Don Pedro, struck with horror at this cruelty, inquired how they knew these facts. A young Indian was produced who had been wounded upon the occasion. Ile exhibited the scar, and told how, in the confusion, he had escaped by concealing himself among some
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bushes. He further stated that he had for two days followed the attacking party, hiding himself in thickets, seeing all that passed, and intending to revenge himself upon stragglers should there chance to be any. It was also proved that an Indian, who had formed one of the party, bragged of what had been done to one of the Creeks who went down to St. Marks to trade with the Spaniards, at the same time saying that the party had been sent out from St. Augustine.
Upon this Mr. Oglethorpe desired Don Pedro to represent these facts to the governor of St. Augustine, and to say to him that he should expect satisfaction in behalf of the Indians for this insult, they being subjects of the king of Great Britain. This being interpreted to the Indians, Hillispilli said he hoped Mr. Oglethorpe would go with them, and then he would see what they would do to the Spaniards ; but that if he would not accompany them they would go by themselves and take revenge.
" When this happened," said he, " I was gone with you to England. Had I not been with you this would not have hap- pened, for had I been with my men they should not have been so surprised. You will go with me, and you shall see how I will punish them, but if you will not help me I have friends enough who will go with me to revenge the murder." At this all the young Indians gave a shout. Don Pedro said that there was a party of Indians which he knew went from the neighborhood of St. Augustine, but that they were not Spaniards ; that he him- self at that time was in Mexico on a message from the governor ; that such cruelty must be abhorred by every Christian ; and that he would take it upon him to say that the people who had com- mitted this outrage should be punished. Pohoia, king of the Floridas, was named as the party who commanded the expedi- tion. Don Pedro gave his assurance that if ever he came into St. Augustine so that the Spaniards could secure him, the governor and council of war would punish him as his cruelty deserved ; and that if he came not within their power they would banish him.
To this Ilillispilli said, " We hear what you say. When we see it done, we will believe you." Tomo-chi-chi persuaded him to be content, and, during the stay of the commissioners, exerted his influence in restraining the violent passions of his people and preventing them from offering direct insult and personal violence to the Spaniards.
This conference resulted in a temporary restoration of appar-
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ent good feeling, and brought about a practical pacification be- tween Florida and Georgia which suffered no violent interruption for a period of more than two years. The Spaniards departed on the 22d, well pleased with their reception and professing ami- cable sentiments towards the colony of Georgia and its knightly governor.
Mr. Oglethorpe's account of this interview with the Spanish officials, as furnished in a letter to the trustees, is, in some re- spects, more circumstantial : 1 -
" After dinner we drank the king of Britain's and the king of Spain's health under a discharge of cannon from the ship; which was answered with fifteen pieces of cannon from Delegal's fort at the Sea-point. That again was followed by the cannon from the fort of St. Andrew's, and that by those of Frederica and Darien, as I had before ordered. The Spaniards seemed ex- tremely surprised that there should be so many forts, and all within hearing of one another. Don Pedro smiled and said, 'No wonder Don Ignatio made more haste home than out.' After the healths were done, a great number of Indians came on board, naked, painted, and their heads dressed with feathers. They demanded of me justice against the Spaniards for killing some of their men in time of peace.2 .
" Don Pedro having asked several questions, acknowledged himself fully satisfied of the fact, excusing it by saying that he was then in Mexico, and that the Governor being newly come from Spain and not knowing the customs of the country, had sent ont Indians under the command of the Pohoia, king of the Floridas, who had exceeded his orders which were not to molest the Creeks. But the Indians not being content with that answer, he undertook that, at his return to Augustine, he would have the Pohoia king put to death, if he could be taken, and if he could not, that the Spaniards would supply his people with neither powder, arms, nor anything else, but leave them to the Creeks. The Indians answered that he spake well, and if the Spaniards did what he said, all should be white between them ; but if not, they would take revenge, from which, at my desire, they would abstain till a final answer came.
" The Indian matters being thus settled, we had a conference with the Spanish Commissioners. They thanked me first for my
1 Wright's Memoir of General James ities, with which it is unnecessary to Oglethorpe, p. 160, et seq. London. 1867. shock the reader.
2 Here follow details of revolting atroc-
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restraining the Indians who were in my power, and hoped I would extend that care to the upper Indians. They then, after having produced their credentials, presented a paper the con- tents whereof were to know by what title I settled upon St. Simon's, being lands belonging to the king of Spain. I took the paper, promising an answer next day. The substance was, that the lands belonged to the king of England by undoubted right : that I had proceeded with the utmost caution, having taken with me Indians, the natives and possessors of those lands ; that I had examined every place to see if there were any Span- ish possessions, and went forward till I found an outguard of theirs, over against which I settled the English without commit- ting any hostilities or dislodging any. Therefore I did not ex- tend the king's dominions, but only settled with regular garri- sons that part of them which was before a shelter for Indians, pirates, and such sort of disorderly men.1
" The rest of the evening we spent in conversation, which chiefly turned upon the convenience it would be, both to the Spaniards and English, to have regular garrisons in sight of each other. Don Pedro smiled and said he readily agreed to that, and should like very well to have their Spanish guard upon the south side of Helena river, which is within five miles of Charles- town, and where the Spaniards had a garrison in King Charles the First's time. I replied I thought it was better as it was; for there were a great many people living between who could never be persuaded to come in to his sentiments. At last Don Pedro acquainted us that he thought the Spaniards would refer the set- tling of the limits to the Courts of Europe, for which purpose he should write to their Court, and in the meantime desired no hostilities might be committed, and that I would send up a com- missary to sign with the government an agreement to this pur- pose. I thereupon appointed Mr. Dempsey to be my Commis- sary and to return with them. Don Pedro is the ruling man in Augustine and has more interest with the Council of War than the Governor. As he passed by St. George's Point, he sent a whole ox as a present to the garrison. He gave me some sweet-
1 At the time of the peace of Utrecht, the territory as far south as the river St. John was in the possession of the Indian allies of Great Britain, and the Spaniards never attempted to settle within it. By the terms of that treaty all possessions in North America were declared to belong
to the parties who then occupied them : and, as the Indians continued to hold the disputed district, and acknowledsyl themselves subject to the king of Eng- land, by their cession it had become the property of the British Crown.
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meats and chocolate. I gave him a gold watch, a gun, and fresh provisions. To Don Manuel I gave a silver watch, and sent back a boat to escort them. If the Spaniards had committed any hostilities, I could, by the help of the Indians, have destroyed Augustine with great facility. But, God be praised, by His bless- ing, the diligence of Dempsey, and the prudence of Don Pedro, all bloodshed was avoided."
This protestation of friendship on the part of the Spaniards, and this qualified concession of the right of the Georgia colonists to plant their town and batteries south of the Alatamaha River were soon recalled. In the fall of the year a peremptory demand was made by the Spanish government for the evacuation by the English of all territory lying south of St. Helena's Sound.
Perceiving that vigorous measures and a stronger force were requisite for the preservation of the colony, and yielding to the solicitations of the trustees that he should be present at the ap- proaching meeting of Parliament to influence larger supplies for Georgia, Mr. Oglethorpe, having arranged for the government and protection of the province during his absence, embarked for England on the 29th of November, 1736.1
During his absence in England, nothing of special moment transpired on the southern frontiers. Mr. Horton appears to have been left in general-charge of the defenses in that quarter. He established himself at Frederica, whence he made frequent tours of inspection to its outposts and dependent works. Of a visit which he paid to the town early in February, 1737, Mr. Stephens, secretary of the colony, gives us rather a stupid ac- count,2 from which we gather that the inhabitants were living " in perfect Peace and Quiet, without Fear of any Disturbance from Abroad, and without any Strife or Contention at Law at Home, where they sometimes opened a Court, but very rarely had any Thing to do in it." Only slight improvements had been made during the preceding year in clearing and cultivating land, because of the constant apprehension of incursion by the Span- iards and the amount of military service the able-bodied men were obliged to perform.
Provision was made for the comfort of the colonists so far at least as the means at command would justify. The oven built at Frederica was in active use, and a baker, detailed for that purpose, supplied the community with fresh bread. Cattle, sheep, and
1 Sec Wright's Memoir of General James 2 Sec A Journal of the Proceedings in Oglethorpe, p. 167. London. 1867.
Georgia, etc., vol. i. p. 98. London. 1742.
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INDIAN TRADE.
poultry were sent from Carolina and from Savannah, and In- dians were employed in supplying the garrisons with fresh ven- ison.
Before departing for England Mr. Oglethorpe was called to Savannah to give general directions in regard to the administra- tion of affairs in that town and vicinity, and especially to hold a conference with a committee from the General Assembly of South Carolina with regard to the Indian trade which they charged him with desiring to monopolize to the prejudice of the Carolina traders.
The merits of this controversy are thus intelligently stated by the Rev. Dr. Harris.1 As the boundaries of Georgia sepa- rated the Indians on the west side of the Savannah River from the confines of South Carolina, it was claimed that they must be admitted as in affinity with the new colony. At any rate, Ogle- thorpe deemed it so expedient to obtain the consent of the natives to the settlement of his people, and regarded their good-will so essential to a secure and peaceful residence, that his earliest care had been to make treaties of alliance with them. That these treaties should include agreements for mutual intercourse and trade seemed to be not only a prudential but an indispensable provision, particularly as Tomo-chi-chi and the micos of the Creeks who accompanied him to England requested that some stipulations should be made in regard to the quantity, quality, and prices of goods, and the accuracy of the weights and measures used in determining the articles offered in purchase of their buf- falo-hides, deer-skins, peltry, etc. The trustees thereupon estab- lished certain regulations designed to prevent in future the impo- sitions of which the Indians complained. To carry these into effect it was thought right that none should be permitted to trade with the Indians except such as were licensed, and would agree to conduct the traffic according to prescribed rules and upon fair and equitable principles. The Carolina traders not being disposed to apply for permits, and declaring their un- willingness to subject themselves to the stipulations and restric- tions indicated, were disallowed by the Georgia commissary who occupied a trading house among the Creeks. This action of the Georgia official proved very distasteful to them, and the complaints which they lodged with the Provincial Assembly of South Carolina led to the appointment of the committee just re- ferred to whose conference with Oglethorpe was held at Savan- 1 Biographical Memorials of James Oglethorpe, pp. 152 et seq. Boston. MDCCCXLI.
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nah on the 2d of August, 1736.1 In their printed report the members of that committee say : " The Cherokee, Creek, Chicka- saw, and Catawba Indians, at the time of the discovery of this part of America, were the inhabitants of the lands which they now possess, and have ever since been deemed and esteemed the friends and allies of his Majesty's Subjects in this part of the Continent. They have been treated with as allies, but not as subjects of the Crown of Great Britain; they have maintained their own possessions and preserved their independency ; nor does it appear that they have by conquest lost, nor by cession, compact, or otherwise, yielded up or parted with those rights to which, by the laws of nature and nations, they were and are en- titled.
" The Committee cannot conceive that a charter from the Crown of Great Britain can give the grantees a right or power over a people who, to our knowledge, have never owed any al- legiance, or acknowledged the sovereignty of the Crown of Great Britain or any Prince in Europe, but have indiscriminately vis- ited and traded with the French, Spaniards, and English as they judged it most for their advantage; and it is as difficult to un- derstand how the laws of Great Britain or of any Colony in America can take place, or be put in execution in a country where the people never accepted of, nor submitted to such laws ; but have always maintained their freedom, and have adhered to their own customs and manners without variation or change."
Hence the committee inferred and insisted that the regula- tions adopted by the trustees could not be regarded as binding upon the Indians or serve to render exclusive any traffic with them. Oglethorpe acknowledged that the Indians were inde- pendent, but asserted that, in entire consistency with this fact, they had entered into a treaty of alliance with the colony of Georgia ; that having themselves indicated certain terms and principles of trade, these were adopted and enjoined by the trus- tees ; and that this was done not to claim authority over the Indians or to control their conduct, but simply to make manifest what was required of those who should go among them for the purpose of barter and sale.
In answer to the allegation that the Carolina traders had been excluded, he declared that in granting licenses to trade with the
1 Report of the Committee appointed to South Carolina, and the Disputes subsisting Examine into the Proceedings of the People between the two Colonies. Charles-Town. of Georgia with Respect to the Province of 1736.
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SPANISH DEMANDS.
Indians dwelling within the limits of Georgia he refused the application of no one who promised to conform to the provisions of the act. He also asserted that he had given, and should in every instance continue to give, such instructions to the Georgia traders as had formerly been imparted by the province of Caro- lina to her traders; that in ease any new instructions, issued by the province of South Carolina to her traders, should be commu- nicated and appear to him of equal benefit to the two provinces, he would add them to the instructions of the Georgia traders ; and finally that, pursuant to the desire of the committee, he would direct all his officers and traders among the Indians in their talks to make no distinction between the two provinces, but to speak in the name and behalf of his majesty's subjects.
It appears, however, that with the result of the interview the commissioners were not satisfied. They still objected because permits were required, and especially because they must come through the hands of the governor of Georgia.
Returning to Frederica in the latter part of September, Mr. Oglethorpe renewed the commission of Mr. Dempsey, empower- ing him, as the emergency arose, to agree with the governor of Florida upon terms for a conventional adjustment of any mis- understandings which might occur between the provinces. A treaty, quite conciliatory in its stipulations, was concluded by him on the 27th of October following. Soon, however, was a message received from the governor making known the fact that a Span- ish minister had arrived from Cuba charged with a communica- tion which he desired to deliver in person. "A conference ensued during which that minister repudiated the concessions contained in the existing treaty, and peremptorily demanded, in the name of the Spanish Crown, that all the territory lying south of St. Helena's Sound should be immediately evacuated by the English colonists. Asserting that the king of Spain was resolved to enforce his right to it, refusing to listen to any argument in sup- port of British rights, and accompanying his demand with men- aces, the Spanish minister unceremoniously withdrew.
To assist in warding off this threatened blow, and to facilitato the rapid accumulation of men and munitions of war requisite for the protection of the colony, the presence of Oglethorpe in England was imperatively demanded, and he resolved to embark with all possible expedition.1
1 See Historical Account of the Rise and and Georgia, vol. ii. p. 48. London. Progress of the Colonies of South Carolina MDCCLXXIX.
CHAPTER XVII.
DISPUTE BETWEEN GEORGIA AND CAROLINA WITH REGARD TO THE NAVIGATION . OF THE SAVANNAH RIVER. - DISAGREEMENTS BETWEEN THIE SALZBURGERS, SOME CAROLINIANS, AND THE UCHEE INDIANS. - THE HOME GOVERNMENT MEMORIALIZED BY THE TRUSTEES TO FURNISHI TROOPS AND MUNITIONS OF WAR FOR THE PROTECTION OF GEORGIA AGAINST THE SPANIARDS. - OGLE- THORPE EMPOWERED TO RAISE A REGIMENT, AND PROMOTED TO THE RANK OF COLONEL. - APPOINTED GENERAL, AND COMMANDER-IN-CHIEF OF HIS MAJESTY'S FORCES IN CAROLINA AND GEORGIA. - RETURNS TO GEORGIA WITH HIS REGIMENT. - MILITARY OPERATIONS AT FREDERICA. - SPIES IN CAMP. - OGLETHORPE'S RESOLUTION AND ENERGY. - CONFERENCE AT SAVANNAH WITHI THE INDIANS. - CAUSTON'S DEFALCATION AND REMOVAL. - WILLIAM STEPHENS. - DEPRESSED CONDITION OF THE FINANCES OF THE COLONY. - OGLETHORPE'S GENEROSITY.
BEFORE departing for England Mr. Oglethorpe intervened for the accommodation of certain matters which seriously threatened an interruption of the peace of the colony. Augusta being con- veniently located for commerce with the Indian nations, some Carolina traders were induced to open stores at that place. Land carriage proving tedious and expensive, they resolved to trans- port their goods by water from Charlestown. As the boats were passing Savannah, the magistrates, mindful of the law prohibit- ing the introduction of distilled liquors into the province, and regarding the Savannah flowing between Hutchinson's Island and Yamacraw Bluff as a part of Georgia, ordered them to be stopped and searched. A considerable quantity of rum was found on board. The casks containing it were staved, and the persons in charge of the boats were arrested and confined. At this proceeding the Carolinians were greatly incensed, and de- manded of the Georgia magistrates " by what authority they presumed to seize and destroy the effects of their traders, or to compel them to submit to their code of laws." Apprehending that they had acted precipitately, and that they had perhaps transcended their powers, the authorities at Savannah made in- mediate concessions to the deputies from Carolina. The confined were set at liberty, and the goods destroyed were returned as far as practicable in kind; the Carolinians engaging on their part
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to smuggle no more strong liquors within the limits of Geor- gia.1
The matter, however, did not end here, but was eventually brought to the notice of the Board of Trade. After examining into the facts and hearing argument, the commissioners con- cluded that while the navigation of the Savannah was open alike to the inhabitants of both colonies, and while it was incumbent upon the Georgians to render the Carolinians all friendly as- sistance in their power, it was not lawful for Carolina traders to introduce ardent spirits among the settlers in Georgia.
Another difficulty arose in the following manner. A Salz- burger had indiscreetly cleared and planted four acres of land be- yond the boundary of Ebenezer, thins encroaching upon the re- served territory of the Uchees. Other Salzburgers permitted their cattle to stray away and eat up the growing corn of those Indians at a point some twenty miles above that village. But what vexed the Uchees most, as we are informed by Oglethorpe, was that some people from Carolina swam a great herd of cattle over the Savannah, and, bringing negroes with them, formed a plantation near the Uchee town. Taking advantage of the irrita- tion of the Indians, Captain Green advised them to fall upon the Salzburgers, and to declare war against the English. So soon as he was informed of these occurrences, Mr. Oglethorpe compelled the Carolinians to recross the Savannah with their negroes and cattle, and ordered the Salzburgers to confine themselves and their cattle within the limits which had been prescribed for their occupancy.
Instead of taking Green's advice, the Uchees sent their king and twenty warriors to Mr. Oglethorpe to thank him for having redressed their wrongs even before they had requested him to do so. Such conduct on his part, they added, made them love him ; and that so far from entering upon a war against the English they were now ready to " help them against the Spaniards." They also offered Oglethorpe the services of one hundred warriors for a year if he should require their aid.2
Yielding to the solicitations of the trustees, who desired his presence in London that he might unite with them in securing from Parliament further supplies for Georgia, Mr. Oglethorpe,
1 Historical Account of the Rise and
2 See letter of Oglethorpe to the trus- Progress of the Colonies of South Caro- tees, Colonial Documents, vol. i. p. 31. lina and Georgia, vol. ii. p. 48. London. MDCCLXXIX.
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on the 29th of November, 1736, set sail for England. Narrowly escaping shipwreck in the Bristol Channel, he reached London early in January, 1737, and, on the 19th, attended a special meeting of the trustees. After reporting to them the progress of the colony, and assuring them of the amicable relations which had been maintained with the Indian nations, near and remote, he entered upon a full explanation of his negotiations with the Spanish authorities in St. Augustine, and justified the strong suspicions he entertained that the existing treaty stipulations would be disregarded by them. With his labors for the defense of the southern boundary of the province they were made ac- quainted, and he coneluded by urging the necessity for a prompt detail of troops to occupy those exposed stations. By a unani- mous vote was he thanked for his past services, and it was re- solved at once to petition Parliament for a grant of men, muni- tions, and money, with which to protect the province against the threatened invasion of the Spaniards.
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