USA > Tennessee > The civil and political history of the state of Tennessee from its earliest settlement up to the year 1796 : including the boundaries of the state > Part 43
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The American commissioners brought forward our claim to the navigation of the Mississippi and the extent of our southern boundary, sustained by a memorial replete with well-arranged and irrefragable arguments drawn from the stipulations of treat- ies and the laws of nature and nations. To this memorial the Spanish agent did not return an answer, and the discussion of the merits of the above memorial, though not positively denied, has yet been cautiously and rather vexatiously avoided by the Spanish Minister by resorting to every species of évasion and procrastination which the pompous parade and ceremonies of European courts can readily supply.
This unwarrantable and dilatory conduct of the court of Spain was perceived and considered in its proper light by the executive of the United States, whose determination it had been from the first to pursue our claim to the Mississippi with temper and firmness, and to prevent, if possible, an abrupt schism of a ne- gotiation which had been with so much difficulty re-instated on the tapis, until every principle of reason and argument append- ant to it should be fairly discussed and exhausted. In order, therefore, to cut off all further retardments which might origi- nate from ceremonious and formal exceptions, flowing from the alleged incompetency of powers and the dignity of diplomatic office, it was determined to dispatch an envoy extraordinary to the court of Madrid, most unexceptionably and copiously au- thorized in every particular, to bring this tedious negotiation to an end. To effect this, the concurrence of the Senate was necessary, which was at that time not in session. Yet the ex- ecutive, anxious to procure in time a proper character for so important an undertaking, caused an application to be made, first to Thomas Jefferson, and next to Patrick Henry, two citi- zens equally illustrious for patriotism and great talents, and well known to be warmly devoted to the prosperity of the west- ern country, to enter upon this embassy. They having both declined this offer for the sake of expedition, among other weighty considerations, Mr. Pinckney, the American Minister at the court of London, was ordered to hold himself in a state of preparation to repair most expeditiously to the court of Madrid, which it was probable was at that moment occupied in the arduous affair of the Spanish treaty. As his powers only waited for the sanction of the Senate, which had been at that
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time long since convened, his instructions would be similar to those given to Messrs. Short and Carmichael. He will press not only our rights, but will derive all the aid to our interests which may arise essentially from the events of the present war in Europe, or any influence which other circumstances may give to the United States. At this distance, and in our present state of information, it will be difficult to assert what may be the im- mediate event of this negotiation, which seems to be capable of being affected by a variety of contingencies beyond the control of the American government. We had, indisputably, right on our side, which it was much to be wished, for the happiness of mankind should always form the rule of decision among na- tions. But perhaps there is much reason to lament that in the old governments of the world right is too often resolved into power. As a young nation, just taking our stand among the . empires of the world before we have arrived at maturity of strength and vigor, which a thousand combined events promise we shall speedily attain, it has been deemed the wisest policy rather to establish our rights by negotiation than by a prema- ture resort to the ultima ratio, the first being a safer and more certain mode of redress, and such a one as the present situation of the United States lays them under an almost paramount ne- cessity to observe. The temporary abstinence from the exercise of a right which at this period a combination of political events renders it prudent for us to observe, can never be construed into a dereliction of the right. There is no man who will cast his eyes upon the immense and fertile vales which border on the western waters and mark the rapid progress which population, agriculture, and all the useful arts are making among them; that can one moment doubt but that these channels which be- neficent nature has opened for the diffusion of the superabun- dance of all the necessaries and comforts of life, yielded by these happy regions among the poorer nations of the earth, must be applied to their great providential end, notwithstanding the ob- structions at present opposed by an unjust, narrow, and short- sighted policy. It is an event which the interests of Spain her- self desiderates, could she but view that interest through the proper medium. It is an event which the happiness of the hu- man species requires. It is an event in which the United States are all interested. Jealous apprehensions are entertained that
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some States in the Union are averse to opening the navigation of the Mississippi. This jealousy, as it extends to States, em- braces too extensive a range; for little-minded, local, anti-fed- eral politicians who infest, in a greater or smaller degree, every State in the Union, he could not answer; yet it may be safely affirmed that the interests of the Union at large coincide in the establishment of this important right, and that to whatever ob- ject their interests point, their government will endeavor to at- tain. There are two strong political considerations which will impel the United States conjointly to struggle without ceasing until the navigation of the Mississippi is attained-namely, the principles of national right and interest. The right of the United States to the navigation of the Mississippi being estab- lished, it is most incontestibly on the double basis of political contracts, and the title derived from the laws of nature and na- tions. It was not known on what more substantial grounds could rest their right to navigate the waters flowing through their territories into the Atlantic Ocean. To resign one right to the arm of power would be to establish a precedent by which the others might be claimed and taken.
All the motives, therefore, flowing from the considerations of political safety and national pride, aided by paternal incite- ments, would stimulate every State in the Union to make one cause, when the last necessity shall demand it, and to reclaim and vindicate this suspended and violated right. But the in- terests of the Atlantic States, in the unimpeded navigation of the Mississippi, stand on two principles. The result of the ex- , ports through the western waters will, with a very few excep- tions, come into their ports, which will not only greatly augment national revenue accruing from the imports and duties on im- ported articles, but will be beneficial also to merchants and others residing at the particular ports of importation. Besides, the transportation of the commodities of the country on this side of the Appalachian Mountains, bulky in their nature, to the American and European seas, will furnish considerable employ- ment to the seamen and ships of the maritime States, which it will be the interest of the western merchants rather to employ than to attempt building vessels proper for transmarine voyages on their own waters, amidst the almost insuperable difficulties that must attend such an undertaking, which, if even practi-
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cable, necessary seamen would be wanting, who are always scarce in countries where lands are fertile and abundant, and easy to be acquired. In addition to this consideration, the sit- uation of the inland navigation of the western waters will never furnish a nursery for sailors. The most expert navigator of the waters of the Ohio would find himself perfectly helpless and bewildered on the deep and boisterous elements of the ocean. The principles of national policy and interest thus combining to make the navigation of the Mississippi as much the common cause of the United States as any other right they possess, it ought naturally to be presumed until the reverse shall be shown- and which, it is believed, never could be done-that that right has neither ever been, nor ever shall be abandoned or neglected. That every measure compatible with the situation of the United States has been adopted to reclaim it will fully appear by re- curring to the joint votes of assentation on that subject of the two houses of Congress. The energetic language of the popu- lar branch of that body, the House of Representatives, cannot fail to strike the attention of the most cursory observer: "When, therefore, all the modes of honorable negotiation shall be pushed to their ne plus ultra, and fruitlessly tried, and the executive shall be found to have essayed in vain all the pacific measures belonging to the department of government, and no alternative remains, but resort must be had from the mode of an amicable adjustment of our claim to the means constitutionally belong- ing to the Legislature, let it not be forgotten that the united hearts and arms of the Confederated Republic of America, which achieved its independence, can alone vindicate and estab- lish all the privileges adhering to it. Precipitation and unau- thorized acts of violence will tend only to weaken our efforts, and, instead of accelerating, will undoubtedly retard the attain- ment of our end." From this view of facts it will appear mani- fest that the wishes of this country, as expressed in the Govern- or's letter, had been amply complied with, and that it has ever been considered as making a part of the American people and a component part of the American government; and that the same care has been taken of the just rights of Kentucky as of the acknowledged rights of any other part of the United States, among which no distinct and appropriate rights exist, they being made by their government the common property of them all.
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This retrospective view of past transactions, it was hoped, would show that the government of the United States has, neither under its former or present organization, abandoned or been inattentive to our rights of navigating the Mississippi. That right was brought under negotiation at the very first moment in which the public circumstances of the United States would permit it to be done. The negotiation respecting it, although attended with some unlucky events, did not expire with the former Congressional government, but was turned over among the inchoate and uncompleted acts of that body to the new gov- ernmental system of America, since the operation of which it has never been one moment dormant. When, from uncontrol- lable circumstances, the subject may have rested for a short time from the absence of national agents who were to agitate it, to keep it still in action, the interference of the only foreign court on whose friendship America could depend, and the only one most likely to have weight with the court of Madrid, was so- licited to give aid and effect to the exertions of our agents who have been instructed to treat with Spain on no other terms than the previous ratifications of the southern boundary and the right to navigate the Mississippi from the source to the ocean. A succession of political events has taken place in Europe, which has retarded the progress of the negotiation, and prevented it from being brought as yet to a favorable issue. To obtain it, however, measures correspondent to the importance of the object have been assiduously resorted to, and are now in ac- tion.
From the commencement of the administration of the present Chief Magistrate of America, which happened at a period when our national affairs were in a state of perfect disorganization, among the number of momentous considerations which have en- grossed his attention, he has without cessation pursued the nav- igation of the Mississippi. No apology is required for his con- duct. He has too fair a claim to our confidence to be accused of a partial inattention to any of our rights, and will, it was hoped, be boundlessly confided in and venerated till gratitude ceases in America to be a virtue.
These explanations operated as a powerful assuasive of those discontents which had disturbed the public tranquillity. The same spirit which had dictated the Lexington resolutions had
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also crept into the south-western territory, and was beginning to effuse its baneful influence there. But now their jealousies were dismissed, and they resumed their wonted confidence in the government of the Union.
The Spanish negotiation from the commencement of this year proceeded with great vivacity under the conduct of Mr. Pinck- ney; and finally he had the good fortune, by the urgency and soundness of his arguments, to succeed in convincing the Span- ish court that both our claim to the free navigation of the Mis- sissippi and that of the position of the southern boundary were well founded. After a long course of tedious and very protracted negotiation, a treaty was at length formed, agreed to, and signed, on the 27th of October, 1795, which settled all matters in differ- ence between the two nations, and left no food for dissatisfaction to feed on.
A part of the fourth article of this treaty was in these words: "And his Catholic Majesty has likewise agreed that the naviga- tion of the said river Mississippi, in its whole breadth from the source to the ocean, shall be free only to his subjects and the citizens of the United States, unless he should extend this priv- ilege to the subjects of other powers by special convention." The territorial limits between the two nations were agreed upon as claimed by the Americans. The Spanish government hence- forward was less suspicious of unfriendly purposes toward her 'on the part of the United States, and in consequence no longer instigated the savages to act with enmity against them. The western people began to enjoy a respite from savage hostility, which circumstance formed a most striking contrast between their former and present condition. All ranks of people in the western country perceived plainly that the patience of the Unit- ed States, under the sufferings of their western brethren, was the dictate of good policy, and not of indifference or insensibil- ity, and that the government had acted wisely for their good through all the courses it had taken. A war with the Creeks, into which the Spaniards-their allies-might have been drawn, or in which they might have been repeatedly irritated, very probably would have placed them in a temper of mind preclu- sive of all the beneficial results which were to be expected from placidity unmoved by a perception of injury. The people of the United States should be instructed from this memorable exam-
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ple in the annals of their own country that the government of the Union has at all times a better view of the subjects connect- ed with the Union and its parts than any particular member can have, and can much better apply the remedies for an existing evil than the uninformed people of the country can, however honest and well-meaning their zeal may be; and that the latter cannot interpose, especially in the use of violent means, without greatly endangering the important ends which they have it in view to achieve.
We now come to the Chickasaws. Early in January, 1795, Gen. Robertson received intelligence by runners from Colbert and other chiefs, of whom Underwood was one, that they, with seventy warriors and some women and children, would be with him with five Creek scalps, which they had taken near Duck River from the Creeks, on their way to kill and plunder the peo- ple of Cumberland. The leader of the Creeks was known to them, as was also his brother, and had been in the constant prac- tice for some years of supporting himself and his party by thefts and massacres on the frontiers. The Chickasaws surrounded the whole party by night, and killed them in the morning. They desired that the Governor might be informed, and stated that his talks were as fresh in their minds as when delivered, and that they had wished ever since the conference to see him retaliate on the Creeks. The Chickasaws had now come to pro- , gress in building a block-house on the Tennessee River, and to assist in supporting them at the Creek crossing, which they said was not far from the line between them and the Cherokees, as stated in the President's parchment deed concerning the bound- aries. They would not believe but that the Governor had power to send men with them to drive off the Creeks on the north side of the Tennessee River and to build block-houses; and they sent to the Governor to support them with provisions, ammu- nition, and artillery. They said they were then the people of the United States, and were commissioned by the President himself, which was the cause for their retaliating on his enemies for injuries done his people; and that they expected a long cam- paign that spring against the Creeks. Could the posts be estab- lished, they thought they could keep the Creeks from embody- ing against them till an army could be ready to invade their country. Gen. Robertson feared the loss of their friendship,
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should the Chickasaws suffer much from the Creeks, and should they not meet with support from the United States. The gen- eral could only say to them in all their conferences that he ex- pected an army would march against the Creeks that summer, which expectation he gave them to understand was founded upon the high opinion be entertained of the councils of the United States, and not upon any intimation he had received from the government. There were with him about this time upward of one hundred Chickasaws and their expenses. The people of Nashville gave Colbert an entertainment. The Gov- ernor wished, if possible, to avoid the expenses to the public which this visit occasioned, but was afraid to withdraw from their subsistence the necessary supplies, lest they might take of- fense and be converted into enemies.
The Creeks now committed comparatively but few atrocities on the frontiers of Mero, fearful unquestionably of the Chicka- saws, whose valor they seemed to dread more than that of any other people. By the 5th of March, 1795, the Chickasaws had killed and scalped ten Creeks, besides the five before mentioned. Open hostilites were commenced between them, without the hope of peace unless purchased by war. The sympathies of the white people, and their good wishes, were enlisted on the side of the Chickasaws. A strong disposition prevailed among all ranks to aid the Chickasaws rather than suffer their extirpation by the Creeks. The latter, without intermission, had spilled the blood of the white people for twenty years, and now were levy- ing war against the only red people upon earth who were friends of the United States, and who had lately fought by their sides in the army of Gen. Wayne and in two preceding campaigns, and had shed their blood in defense of the white people. They had become the objects of Creek vengeance for their partiality to white men. The public voice called loudly for assistance to be sent to them. Before this war broke out between the Creeks and Chickasaws, and during the time of peace between them, a number of Creek men had married Chickasaw wives. Upon the breaking out of the war the Creeks killed the women and chil- dren. They count relationship only on the mother's side. Hence the children were as much Chickasaws as their mothers, and equally the victims of Creek vengeance. Some of the Chicka- saw men had also Creek wives, particularly Maj. Colbert; but
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the Chickasaws were too humane and civilized to entertain for a moment a thought so horrid.
In the month of April the Cherokees sent a deputation to the Creeks to urge them to make peace with the Chickasaws, or rather to recommend a cessation of hostilities, and the Creeks acceded to the proposal. But the Cherokee deputies had hard- ly returned home before they were followed by Creek runners with a war club, and with an invitation to join them against the Chickasaws. "The Turkey" desired the runners to return to their nation, and to tell them to forbear to make war on the Chickasaws until they made peace with the United States, to which the Creeks agreed also, so changeable were they in all their purposes. The Choctaws also sent a talk to the Creeks, declaring the remembrance they still had of the troubles they experienced in former wars, and their wish for peace. But, nevertheless, they could not promise for the conduct of their young warriors. And as the Creeks knew that the disposition of the young Choctaws toward them was not friendly, particu- larly to those of the five towns, the Choctaws were not free from apprehension, if the Creeks should prosecute the war against the Chickasaws, that the young Choctaws, and eventually the whole nation, might join the Chickasaws. It began to be thought from these circumstances that the Creeks would not immediately car- ry on a war against the Chickasaws till the breach between them should become wider, except by small parties of Creeks, such, for instance, as the relatives of those who had been killed by the Chickasaws.
Maj .- Gen. Colbert had waited for some time at Nashville for the President's answer, which he expected to his application for assistance against the Creeks. Having not received it, he set off for home about the 20th of April.
Gen. Robertson was not authorized by the orders of govern- ment to direct the raising of men for this service; but, pene- trated with the justice and propriety of interfering to save them from ruin, he ventured to encourage it. He even requested Capt. David Smith to enlist as many volunteers as he could, and to set out immediately with Gen. Colbert. He even went so far as to advise Smith to tell his recruits there was no doubt but that they would be paid by the government, for so he was persuaded they would eventually be, and that besides they
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would receive the thanks of the government. He at the same time declared that he could not order the expedition, as he had received no authority so to do. Gen. David Smith was of the same opinion. All the leading men at that time in this part of the country concurred in the same sentiments. Capt. Smith proceeded forthwith to raise as many men as he could to ren- dezvous at Nashville, and to commence the expedition in April. The men higgled about their pay. Gen. Robertson once more assured them of his opinion that the government would certain- ly pay them. Gen. Colbert added, as Capt. Smith says, that if the United States would not pay them the Chickasaw nation would, and that they should be paid at all events. With these assurances the men were satisfied; and they proceeded, some by land and some by water, with necessaries for the campaign and for the support of the troops while they should be out. Those who went by water were attacked as they went down the Cum- berland by a party of Creeks, and lost one of the provision boats; and they all came back but one man and some Chicka- saws, who saved a boat and went on to Fort Massac, and there disposing of its contents, returned home. Gen. Colbert, Capt. Smith, and about fifteen men who went by land, arrived safe in the Nation without any desertion. After they marched, Gen. Robertson recommended to Col. Mansco and Capt. John Gwyn to embark in the same cause, to raise all the men in their pow- er, and to follow those who had already gone to the assistance of the Chickasaws. They did so, and arrived in Log Town about the 10th of May, just ten days after the arrival of Capt. Smith and his men, having with them thirty-one or thirty-two men. The troops began to grumble for want of provisions, and Capt. Smith agreed to furnish them with provisions, which he did during the time they continued in service and until their return home. On the arrival of Col. Mansco, Capt. Smith sur- rendered the command to him, and acted as lieutenant in Capt. George's company, there being not more than enough for two companies. On the 2Sth of May the Creeks made their appear- ance in view of Log Town. Meeting with two women who had gone out for wood, they killed and scalped them. The number of the Creeks was said to be two thousand. Capt. Smith pro- posed to Gen. Colbert that he (Smith) would take the white men, and Colbert the Indians, and make a sortie upon them.
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Colbert replied that is what they want; and that, after draw- ing the men out of the fort, they would get in and kill all the women and children, and that it was most proper, in the first place, to take care of the fort. Nevertheless, a party of Indians, being the kindred of the two women who had been killed, rushed out. They got among the Creeks before they were seen by them, and one of the Chickasaws was killed. This induced Capt. Smith and Gen. Colbert to fly to their relief with a small de- tachment. The Creeks, observing their approach, retired pre- cipitately, carrying with them the scalps of one man and two women. There was much blood on their trail, and many arms were left on the ground. It was believed that they suffered se- verely. The Chickasaws thought that the Creeks would not shortly again return to give them disturbance, and were con- tent that Col. Mansco's troops should go home, which they did about the 7th of June. The Creeks continued in the vicinity till the 1st of June, killing their cattle and taking their horses, Mansco and Smith assisting the Chickasaws to defend them- selves. These men had embodied themselves in the District of Mero, generously determined to join and aid the Chickasaws in defense of themselves against the Creeks, and no man withheld his applause from the magnanimous deed.
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