USA > Georgia > The history of Georgia from its earliest settlement to the present time > Part 17
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In order to carry out the latter clause of the treaty as speedily as possible, Andrew Ellicott, who had waited on the frontiers of the Indian territory so long for an opportunity to survey the line of the Oconee lands, was appointed a commis- sioner on the part of the federal government to run the boundary between Spain and the United States. He reached Natchez, on the Mississippi, in the latter part of February, 1797, and imme-
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HISTORY OF GEORGIA.
diately commenced negotiations with Don Manuel de Lemas, commandant at Fort Panmure, gover- nor of the Natchez dependencies, and commis- sioner on the part of Spain.
But Baron Carondelet, the Spanish governor of Louisiana, having determined not to comply with the treaty, sought by various obstacles to oppose the survey of the boundary. He refused to deliver up the posts north of the thirty-first degree of north latitude, under the pretext that he apprehended a British invasion from Canada, against which the possession of these posts was necessary to an effectual resistance. Another reason alleged by him for still retaining them, was the uncertainty he entertained whether, un- der the treaty stipulations, the fortifications were to be destroyed or left standing. His reluctance to acknowledge the validity of the treaty led him to violate it still more flagrantly. He sent one Thomas Powers as a secret agent to Kentucky, to intrigue with the old Spanish partisans in that region for the dismemberment of the Union, and its erection into an independent state, in close alliance with Spain. Many influential men in the west entered zealously into the project. Others who were applied to for the same purpose coldly declined to take any part in the enter- prise, but kept the intrigue concealed from the federal government.
Meanwhile, Lieutenant McLeary, with
an
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PROCEEDINGS AT NATCHEZ.
American force, unfurled the American flag on the heights of Natchez, and marching soon after- ward to Fort Panmure, demanded its surrender. But as the latter, in anticipation of such a sum- mons, had been repaired and strengthened with men and artillery, Gayozo, the commandant, declined to evacuate it, and McLeary had not the means of capturing it, either by siege or storm.
Ellicott warmly remonstrated against this breach of the treaty, and an angry correspond- ence followed. About this time, Lieutenant Pope arrived at Natchez with forty men, which were added to the American force. Gayozo now. began to grow alarmed ; but still invented excuses for not complying with the demands of the com- missioner. The Natchez population, increasing rapidly, desired the expulsion of the Spaniards. Ellicott insisted that Gayozo should appoint a day upon which he would meet him and com- mence the survey. The latter answered by evasions. Finding the people indisposed to wait much longer, he issued a proclamation, announc- ing that the treaty would ultimately be complied with, but refrained from saying when. The im- prisonment of an American citizen by Gayozo added to an excitement already sufficiently fierce. Public meetings were called, and violent measures advocated. Gayozo sought to temporize, but was answered by indignant threats. The personal
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HISTORY OF GEORGIA.
influence of Ellicott alone prevented the people from committing acts of violence.
In this way nearly a whole year was passed. Perceiving, from the continual influx of Ameri- cans, that his position was becoming every day one of greater danger, Gayozo concluded at length to evacuate the fort, and sail with his troops lower down the river. This was done on the 29th of March, 1798, and immediately after- ward Ellicott proceeded to Tunica Bayou, and commenced his survey in a dense swamp, on the eastern bank of the Mississippi, where the line of thirty degrees strikes it.
The work had scarcely been commenced before the commissioners appointed by Spain joined Ellicott. The progress of the survey was, how- ever, very slow. It was not until the middle of March, 1799, that the line was completed to Mo- bile River. The Choctaw nation had offered no resistance to the progress of the party through their territory; the Creeks, however, appeared more disposed to interfere. It was decided to meet the latter in council upon the Conecuh. The Spanish governor of Pensacola suggested that the proposed council should be held at Pen- sacola ; but as the American commissioners sus- pected that Governor Folch designed to interrupt the survey by fresh intrigues with the Indians, they adhered to their former resolution. A con- ference was accordingly held at Miller's Bluff, in
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PROGRESS OF THE SURVEY.
the presence of the commissioners of both nations and several Spanish officers. The proceedings were characterized by great unanimity. The Indians appeared satisfied with the explanations they received, and consented to assist in running the line.
Baffled by the manly and straight-forward course taken by the respective commissioners, Governor Folch secretly instigated a large num- ber of the Creeks to interrupt the survey by hos- tile demonstrations.
With large bodies of insolent Indian marauders hanging upon his rear, and plundering the effects of his party, Ellicott pushed the survey to the Chattahoochee, where he fortified himself.
Notwithstanding the resolute conduct of Colo- nel Hawkins, who, with a small party of military, succeeded in restraining the Indians from plun- dering the camp, the commissioners found it impossible to proceed any further. The survey- ors, attended by the military escort, set out for St. Mary's, while Ellicott, . embarking in his schooner, the rigging of which had been cut to pieces by the Indians, propelled her in the best way he could down the Appalachicola to St. Marks, where he remained at the house of the Spanish commandant, Captain Portell, until the schooner was repaired. He then sailed around the penin- sula, and went up the St. Mary's to the camp of the surveyors, where, in conjunction with Captain
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HISTORY OF GEORGIA.
Mina, the surveyor on the part of Spain, he de- termined, 'on the 20th of February, 1800, the point of the line of thirty-one degrees, and to in- dicate it erected on the spot a large mound. Thus ended a difficult and dangerous survey, which, through the treachery and duplicity of Spain, had been protracted over a space of three years.
While Ellicott was on his way to St. Marks, a singular adventure befell him which deserves something more than a passing notice. At Fox- point he found a British schooner wrecked, and among the crew the notorious freebooter Bowles, he who had been handed over to the Spanish governor by McGillivray, and sent in chains to Madrid. Knowing that this man was possessed of considerable influence among a certain portion of the Indian tribes, the Spanish government had sought to win him over to its interest, by the offer of a military commission and an annual salary. Finding these would not tempt him to desert his loose allegiance to England, the court of Madrid then removed him from his prison to handsome quarters, and hoped to win upon his gratitude by supplying him with obsequious at- tendants, and feasting him with costly wines, and viands of the richest and most delicate kinds. But Bowles remained intractable, and, irritated at length by his obstinacy, he was again placed in irons and sent a prisoner to Manilla, on the Pa- cific. Here he remained until 1791, when he
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FORAYS OF BOWLES.
was again sent to Spain. At the island of As- cension, while on the voyage, Bowles managed to make his escape, and from thence, in some man- ner, reached Sierra Leone, where he obtained a passage to London. He had returned to the coast of Florida in the schooner, the wreck of which had been discovered by Ellicott, and taking advantage of the war between Spain and Eng- land-whose subject he professed to be-had carried on for some time a sort of predatory war- fare upon the coasting vessels and property of Spanish subjects.
In his conversations with Ellicott, he declared his bitter hatred of the latter power, whose posts. in Florida he avowed his intention of harassing by incessant attacks, at the head of the Creeks, whom he designated as " my people."
Soon after this, Bowles succeeded in quitting the point where Ellicott had discovered him, and, entering the Creek nation, was soon enabled to acquire a considerable portion of his former power.
For the next three years he kept up a succes- sion of forays into the Spanish territory, and bringing back into the Indian country the plun- der he took, shared it among his adherents.
The alarm with which his name now inspired the Spanish population, and the prosperous issue of his incursions, gradually increased his daring. At the head of his swarthy followers, he pene
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trated the Spanish territory as far as St. Marks, captured the fort, and came off with the booty unmolested.
These repeated outrages finally aroused the Spanish authorities, and the federal agent, Colonel Hawkins. A large reward was secretly offered for the capture of the freebooter, and a plot ar- ranged for carrying it into effect. It was accom- plished. Bowles while at a great feast was sud- denly seized by concealed Indians, who sprang upon him, bound him, and carried him down the river in a canoe filled with armed warriors.
While the canoe was fastened to the bank of the river for the night, Bowles succeeded in making his escape from the guards, by gnawing asunder the cords that bound him. Crossing the river, he entered a dense cane-swamp and fled ; but was eventually recaptured, and taken to Mobile. From thence he was sent to Havana, where, after a few years, he ended his roman- tic but turbulent life in the dungeons of Moro Castle.
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CONSTITUTION REVISED.
CHAPTER XXVI.
Revision of the constitution of 1789-Cession of Louisiana to France - Jefferson's letter to Livingston - Negotiations- Louisiana purchased by the United States-Claiborne ap- pointed governor-Takes possession of New Orleans- Flourishing condition of Georgia-Milledgeville laid off- Becomes the seat of government-Foreign relations of the United States-Disputes with England-Embargo laid on French ports-Berlin and Milan decrees of Napoleon-Inju- ries sustained by American commerce-Declaration of war against England-Dissatisfaction among the Indians-Te- cumseh-Confers with the British agents at Detroit-Departs for the south-Stimulates the Seminoles to hostilities-Enters the Creek nation-Gains many proselytes-Returns to his nation-Outrages on the frontiers-Civil war among the Indians-Creek war-War with Great Britain-Peace pro- claimed-Difficulties between Georgia and the general go- vernment.
UNDER the provision to that effect in the state constitution of 1789, that instrument was revised in 1798. The pecuniary qualifications of gover- nor and members of the legislature were slightly diminished, but new qualifications of citizenship and of residence in the state were added: six years residence and twelve years citizenship were required to render a candidate eligible to the office of governor ; in case of members of the legislature, three years residence ; nine years citizenship for senators, and seven years for re- presentatives.
Representation in the house was henceforth tc
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HISTORY OF GEORGIA.
be regulated by a compound basis of territory and population, including in the count three-fifths of the people of colour.
Three thousand inhabitants, according to the ratio, were to entitle a county to two members ; seven thousand, to three members; and twelve thousand, to four members; but no county was to have less than one member nor more than four.
Each house was expressly vested with power to expel, censure, fine, or imprison its own mem- bers for disorderly conduct, to preserve its own dignity from disorderly conduct on the part of any persons not members, and to punish threats or assaults upon any member for any thing said or done in the assembly.
The further importation of slaves from Africa or any foreign place was expressly prohibited.
By a clause copied from the constitution of Kentucky, the legislature of Georgia were not permitted to pass laws for the emancipation of slaves, except with the previous consent of in- dividual owners; nor were they to prohibit im- migrants from bringing with them « such persons as may be deemed slaves by the law of any one of the United States."
By a further provision, any person found guilty of maliciously killing or dismembering a slave was to suffer the same punishment as if the acts had been committed on a free white person, except in cases of insurrection, or " unless death
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DIPLOMACY.
should happen by accident, in giving the slave moderate correction."
A subsequent clause claimed, as the property of the state, the whole territory as far west as the Mississippi, between the thirty-first degree of north latitude and a due west continuation of the northern line of Georgia. Other Other clauses fol- lowed, regulating the manner by which such ter- ritory might be sold, and enjoining that means should be provided for refunding such sums as had been received by the state under the fraudu- lent Yazoo contracts.
Provision was made for amending the constitu- tion in future by bills for that purpose, to be passed by a two-thirds vote in both houses of two successive legislatures, with an intervening pub- lication for at least six months prior to the elec- tion of the members of the second legislature.
During the years 1801-2, many rumours had reached the government which led to a suspicion that France intended to obtain from Spain the retrocession of Louisiana, and perhaps with the addition of Florida also.
These rumours increasing, instructions were sent to the American ministers at Paris, Madrid, and London, to endeavour to defeat the cession. The surrender of the province of Louisiana, how- ever, had already been made by a secret treaty, dated October 1st, 1800; but the treaty was not to take effect until six months after certain stipu-
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HISTORY OF GEORGIA.
lations made. therein, in favour of Spain, were complied with.
The possession of the mouth of the Mississippi by a friendly but enterprising nation like France was a matter well calculated to arouse the fears of the federal government.
" This state of things," wrote Jefferson to Livingston, then in Paris, " completely reverses all the political relations of the United States, and will form a new epoch in our political course. We have always looked to France as our natural friend-one with whom we could never have an occasion of difference ; but there is one spot on the globe the possessor of which is our natural and habitual enemy. That spot is New Orleans. France placing herself in that door assumes to us an attitude of defiance. The day that France takes possession seals the union of two nations, who, in conjunction, can maintain exclusive pos- session of the ocean. From that moment we must marry ourselves to the British fleet and nation." Much more was added, and reasons given why the French government should con- sent to the transfer of Louisiana to the United States ; or if not the whole province, at least the island of Orleans; suggestions, which Mr. Liv- ingston was instructed to make in a way not to give offence.
Sentiments so strong doubtless had their effect in pressing to a final issue the negotiations which
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NEGOTIATIONS FOR LOUISIANA.
succeeded. The difficulty under which Livings- ton laboured, however, was the want of authority to offer any particular sum for the territory, so absolutely required for the safety of the United States, and the facilities of its western commerce.
Livingston's personal application to Bonaparte met with no favourable response until the appre- hension of the latter was quickened by the ap- proach of a new European war. On the 11th of April, 1803, and shortly before Monroe's arrival at Paris, Livingston was requested by Talley- rand to make an offer for the whole province of Louisiana.
The government of the United States had con- templated the purchase, not of Louisiana alone, but of Florida also, and had instructed both Mon- roe and Livingston to that effect ; the supposition at the time being, that Spain either had included or would include both provinces in her cession to France.
The highest amount authorized to be paid for the whole was ten millions of dollars. If France refused to entertain negotiations at all, the mi- nisters were instructed to open a correspondence with Great Britain, with the view of preventing the French from taking possession of Louisiana, and of ultimately securing it to the United States.
The price asked by Bonaparte for Louisiana was twenty millions of dollars, with the addition
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HISTORY OF GEORGIA.
of the payment, by the United States, of the
1 claims of American merchants recognised by a previous convention.
The' price was finally agreed upon at twelve millions of dollars, and the discharge by the home government of American claims upon France to the extent of four millions more, if they should amount to so much.
The news of this arrangement was received with great satisfaction by the president and his cabinet, and met with the hearty concurrence of the American people. Governor Claiborne was soon after appointed governor of Louisiana ter- ritory, and, sailing from Natchez down the ·Mis- sissippi, with a military force under General Wilkinson, and a large body of emigrants, took formal possession of the city of New Orleans on the 20th of December, 1803.
No longer suffering to any extent from the incursions of the Indians, nor annoyed by the Spaniards of Louisiana, Georgia continued to extend her population-which had doubled its numbers between 1790 and 1800-over portions of the state hitherto uninhabited. Counties were laid off, and steadily but quietly settled. Towns and villages sprang up in the wilderness. Out of a part of the long-coveted Oconee lands the county of Baldwin was laid off in 1803, and a site for the town of Milledgeville selected by commissioners appointed by the legislature, with
HER PROSPEROUS CONDITION. 311
the view of making it the capital of the state, as soon as the proper buildings could be erected for that purpose. This took place in 1807, in which year Milledgeville became the seat of govern- ment.
Nothing material interfered to disturb the domestic condition of Georgia for several years. Her citizens had indeed suffered under pecuniary difficulties, arising from excessive speculation in public lands ; but this condition of things did not attach to Georgia alone; other states had also suffered from the same cause. The operation of what were termed alleviating laws served in some measure to correct the temporary embarrass- ments, and the recuperative energies of an indus- trious people gradually overcame the difficulty entirely. But if the local government was work- ing smoothly and with but comparatively few checks or annoyances, such was not the case with the federal government.
The foreign relations began every day to grow more critical. A gallant and spirited resistance to the aggressions of the Bashaw of Tripoli had' ended in a manner honourable to the American character.
The oppressive acts of Great Britain, partly brought on by the war between that nation and France, and partly arising from her own imperious determination to exercise the right she claimed of searching any vessels upon the high seas for
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HISTORY OF GEORGIA.
deserters who might be suspected of being Eng- lish subjects, became the source of fierce discus- sion among all classes of the American people.
Many English seamen, tempted by the high rate of wages offered by American merchants, were employed in our commercial marine. The enormous navy maintained by England required to be supported by constant impressment ; and, under colour of seizing her own citizens, she was in the habit of constantly stopping American merchantmen, and selecting from the crews such men as her subordinate officers chose to consider subjects of Great Britain, but who were frequently found, subsequently, to be native American citi- zens. For this high-handed conduct, redress could very rarely be obtained. The grievance had been the subject of repeated remonstrances from the period of the administration of Washington to the opening of the war; but Great Britain as constantly refused to abandon the exercise of a power which she had always heretofore claimed as a right.
As if this cause of complaint was not enough to revive old national animosities-for the bitter hatred engendered by the war of the Revolution had not yet wholly subsided-England issued, in 1806 and 1807, a series of paper-blockades, by which most of the French ports were laid under embargo, and American vessels bearing French products were declared lawful prize. France
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CONGRESS DECLARES WAR.
retaliated by the famous Berlin decrees, which declared the British Islands in a state of blockade, and all neutral vessels trading thither lawful prize.
Both decrees were equally hostile to American commerce. But the English had set the first example, and the practical operation of their orders in council was far more destructive than the Berlin and Milan decrees of Napoleon.
One thousand American vessels, richly laden, became the prize of the British cruisers ; irri- tating causes of impressment were of constant occurrence; the attack of the English frigate Leopard upon the Chesapeake inflamed to the highest degree the national mind; the language of American diplomacy became daily more angry and impatient, that of England daily more cold and haughty. At length, endurance was worn out, and on the 18th of June, 1812, the American Congress declared war.
The unhappy differences so long existing be- tween England and the United States could not fail to have a marked effect upon the Indian. tribes whose lands were bounded by the British possessions in Canada. The turbulent spirit of the northwestern Indians soon communicated itself to those of the south.
Tecumseh, the celebrated Shawnee chief, whose own wild and lofty eloquence was sustained by the mysterious power acquired by his brother the prophet, stimulated the Indian tribes to unite
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HISTORY OF GEORGIA.
into one vast confederacy, and, as allies of Eng- land, revenge upon the people of the United States their long-continued encroachments upon Indian soil.
Already renowned as a warrior, famous for his wonderful powers as an orator, and distin- guished above all others by his relentless hatred of the Americans, his presence among the various tribes was the sure precursor of secret prepara- tions for hostilities.
After having held repeated conferences with the British at Detroit in the spring of 1812, Te- cumseh, attended by a chosen band of thirty warriors, left the territory of the northwest, and, moving rapidly southward, penetrated the coun- try as far down as Florida, where he succeeded in inducing the Seminoles to join his standard. Returning thence, he entered the Creek country in the month of October, and immediately com- menced his intrigues with the chiefs. By the time he reached Coosawda, he had gained many followers. Colonel Hawkins, the federal agent, was at this period holding a grand council at Tookabatcha, at which five thousand warriors were assembled. Tecumseh boldly repaired to that place, and marched into the square at the head of his party, hideously painted and adorned.
While Hawkins remained, Tecumseh declined addressing the Indians on the subject of his mis- sion ; but the agent had no sooner departed for
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TECUMSEH.
his residence upon the Flint, than a grand council was held in the great round-house.
Here Tecumseh poured forth his passionate and heart-stirring appeal. Deriving his powers from his brother the Prophet, whose extraordinary commission and endowments were well under- stood, his authority was regarded with the highest veneration. He earnestly entreated them to refuse all intercourse with the whites, to throw aside the implements and clothing obtained from so hateful a source, and, abandoning agriculture, to return again to their primitive condition of hunters and warriors. ter seeking by bursts of fiery eloquence to rouse their animosity against the Americans, he gave additional weight to his designs by assuring them of aid and support from the King of England, their ancient friend and ally, whose wealth and power he represented as without limits, and quite sufficient for the subju- gation of the United States.
A prophet who accompanied Tecumseh next spoke. He eulogized the mission of the latter, and assured all those who were willing to join the war party that no harm should befall them, even in battle ; that the Great Spirit would pro- tect them, and bring confusion upon the Ameri- cans ; and that every Georgian would be expelled from the soil as far as the Savannah.
So extraordinary an influence did these daring and eloquent discourses exert over the minds of
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