Joseph M. White.

A new collection of laws, charters and local ordinances of the governments of Great Britain, France and Spain : relating to the concessions of land in their respective colonies, together with the laws of Mexico and Texas on the same subject, to which is prefixed Judge Johnson's translation of Azo an online

. (page 37 of 88)
Online LibraryJoseph M. WhiteA new collection of laws, charters and local ordinances of the governments of Great Britain, France and Spain : relating to the concessions of land in their respective colonies, together with the laws of Mexico and Texas on the same subject, to which is prefixed Judge Johnson's translation of Azo an → online text (page 37 of 88)
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the practice of taking scalps, or making slaves of the whites ; and
in case that an unexpected war against the enemies of his catholic
majesty should put us in the case of making any prisoner, we will
treat him with that hospitality which corresponds in imitation of
the civilized nations, exchanging afterwards with an equal number
of Indians, or receiving in place thereof the quantity of merchandise
which shall be previously stipulated, without committing on any of
the said prisoners of war the least attempt on their life.

Article 7. We wiH deliver in good faith to the order of the
governor general of these provinces, all the white prisoners subjects
of the United States of America, if it be found that there is any one
detained, and we will not exact for them any reward.

Article 8. We will not admit deserters, nor negroes, nor mulatto
slaves, fugitives (amarones) of the provinces of Louisiana and
Florida, into our establishments, and those who shall present them-
selves within them shall be immediately (apprehended) with us at
the orders of the governor, satisfaction being made us by the corps
if the person apprehended be a soldier, or by the master to whom
he belongs if he oe a slave.

Article 9. We will prevent our people by all means possible

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Indian TVeaties. 821

from committing any theft of horses or cattle, of whatsoever kind
they be, and those which shall be met with stolen, in whatever place
it be, shall be returned with /[^ood faith whenever they shall be
clainned by the parties interested, who shall be under the necessary
obligation of proving before the government or chiefs of the towns
in which they shall be, the property of the prize demanded.

Article 10. We will afford to the Spanish traders who may go
with the respective licences of the ffovemor to trade in our towns,
all the protection and assistance which thev may want, observing
our contracts according to ffood faith and the rules of the tariff, of
which they shall deliver us the necessary copies.

Article 11. As the traders ought to establish themselves within
the towns, we will not permit them to do it secretly, fixing their
magazines in the woods and other private places, to the end to avoid
by these means the disorder whicn a Uke abuse and mal-practice
would occasion. If any one shall contravene this article, we will
give notice thereof to the chief of the place, that he may take the
measures he may esteem necessary.

Article 12. To maintain these orders, exacted by reason, equity,
and iustice, the principal basis of this congress, and on which depend
our lives and projwrties, as well as the tranquillity of our towns,
whenever any individual of our nation shall commit the horrible and
detestable crime of murder on the person of any subject of his catholic
majesty, we oblige ourselves to deliver the hea,d of the aggressor.
In mutual consideration of which, we, the said deputy governor, and
the respective commandants of these provinces, oblige ourselves
that when the same case shall happen by the subjects of his catholic
majesty, we will punish the delinquent conformably to the laws of
our kingdoms, in presence of the chief of the sufferers.

Article 13. As the generous niind of his catholic majesty does
not exact from the nation of Indians any lands to form establish*
ments, to the prejudice of the right of those who enjoy them, in
consequence, and with a knowledge of his fraternal love towards
his beloved nations, we promise, in his royal name, the security and
guaranty of those whicn they actually hold, according to the right
of property with which they possess them, on the condition that they
are comprehended within the lines and limits of his catholic majesty,
our sovereign. And to make more evident the extent of his royal
clemency, whenever by any war or otheir accident the Tallapuches
may be dispossessed of their lands by the enemies of the crown,
there shall be granted to them others equivalent, which may be
vacant, for their establishment, without other concern or retribution
than that of their constant fidelity ; and for the proof, accomplish-
ment, and entire observance of this, while ttie royal approbation of
his maiesty shall be solicited, to whom I the* said deputy governor
of Louisiana, will send it, we the said governor and intendant, with
the said Alexander M'Gillivray, informed of the whole by the means
of a Uteral and exact translation, which for this purpose was reduced
by Don Juan Joseph Duforest, captain of the miiitia of Louisiana, 41

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322 Indian Treaties,

and interpreter of the English idiom for his said majesty in the said
province, have signed these presents, and sealed the same with the
seal of our arms, and countersigned by the underwritten secretary
of the government, and captain general of the provinces of Louisiana
and West Florida, in the fort of Pensacola, the first day of the month
of June, in the year 1784.


By order of his superiors.




(A copy.)

Depi^rtment of State, to wit : I hereby certify that the foregoing
is a true translation of the copy of a treaty in the Spanish language,
between the Spanish nation on the one part, and the Tallapuche
Indians of the other, concluded in the fort of Pensacola on the 31st
May and first June, 1784, as communicated to the secretary of state
by Messrs. Viar and Jandenes, commissioners on the part of Spain
to the United States. Given under my hand, and seal of oflice, this
16th day of May, 1798.


The foregoing treaty, copied from the tenth volume of American
State Papers, marked confidential, pages 223, 224, 225, 226, and 227,
published under the patronage of Congress.

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( 383 )


Of the Marquis Db Caso Calvo, upon Indian Relationsy and the
Indemnity of Panton.


Don Francisco Dionisio Vives, &c,, (his titles.) I certify that
the signature of Don Antonio M. de la Torre y Cardenas^ of the
council of his majesty, honorary secretary, with exercise of decrees,
and proprietor of the secretaryships of this government and cap-
taincy general, which gives value to the annexed document, is that
which he habitually uses with his own hand, and that full faith and
credit are to be given to it ; and in order to show it, I sign the
present in Havana, sealing it with my coat of arms, on the 13th of
October, 1827.


Most Excellent Sir: By a royal order of the 26th of February
of this year, your excellency tells me that the house of Panton,
established in rensacola, and entrusted with the trade by which the
Indian nations residing between the United States of America and
the possessions of our lord the king in the Floridas and Louisiana,
are supplied, has frequently solicited from his majesty an indemnifi-
cation, which, at the same time that it would compensate for the
many losses it has suffered in this trade, would serve as an en-
couragement in a business in which the security of these provinces
seems to be interested. Your excellency communicates what Pan-
ton exposes in the last petition he made to his majesty, who, per-
suaded by it, has taken into consideration the importance of which
the trade established with these nations can be. Your excellency
requires that I should circumstantially report, with all possible bre-
vity, on the points contained in the said royal order, taking into
consideration the services of the said house, its losses, and finally,
the difficulty that there seems to be for another Spanish house to
undertake, with equal good success, an enterprise which necessarily
requires a great deal of money, great knowled^, not usually to be
found, and, so to say, a capital of credit and confidence. I am
roing to do it, not including in this answer the letter of the 5th,
I answer that separately. But, before beginning, I must

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884 Indian RelatioM^ and the

observe, that, by the treaty of boundaries concluded between bis
majesty and the United States, the only Indians remaining to Spain
are a tew depraved Seminoles, (a Tallapoose tribe,) who inhabit
the point of East Florida from the neighbourhood of St. Mark's de
Appalachie to St. Augustine. The nations Ghoctkws and Chicka-
saws are entirely included in the Annerican territory, to the north
of the dividing line, which passes twelve leagues from Mobile,
being distant more than forty leagues from the towns of- the first,
and more that two hundred from those of the second ; likewise, the
part of the Tallapoosas, best, most numerous, and most friendly to
Spain, and all the Cherokees, have remained in the territory of the
United States. It would appear from the preceding observation,
that the bouse of Panton should be left to its own speculation, in
order that, ceasing the trade, it could withdraw itself ; but the situa -
tion of these provinces is such, their administration is so much con-
noted and entangled with the Indians, that even to this day the
conservation of the trade which the said house affords them is, and
must be, one of the principal means in our power (if his majesty
wishes to conserve his dominions) to gain and maintain a prepoo-^
derancy and friendship among those tribes, in order to constitute
them a barrier between the American and Spanish possessions,
forming, as they must do, an intermediate country, which it is our
interest to keep in our dependence.

This cannot be obtained by any means other than the trade of
said house. It is then necessary to recompense the services which
it has rendered to Spain, which have, with justice, been recom-
mended by the various officers of the king in these provinces; the
losses which it has suffered being as certain as the advantages
which, from this trade, have resuUed to the quiet and comfort of
these dominions, which would otherwise have experienced consider-
able injury and damage.

We may likewise be assured, that the losses of this house, since
the w^r with France, would not have been so great if it had not
followed that trade with the same activity, under the hope of a
recompense which the government and the intendancy were under
the necessity to offer in order to retain it, and to maintain by that
means, as there was no other, the good harmony and peace with
the Indians, without which it was not possible to preserve the quiet
of these provinces in such difficult times, and opposed to such active
and ambitious neighbours, who were always watching the oppor-
tunity of gaining influence and preponderance over the Indians, in
order insensibly to possess themselves of the trade of these pro-
vinces, which, sooner or later, would become theirs, if that misfor-
tune was not retarded by every possible means before it should, as
a torrent, inundate the internal provinces of New Spain, iimitinff
with these. I will, therefore, humbly show, what the knowledge I
was able to acquire during more than a year that I have had the
honour to have this command, dictates to me, citing the informa-
tions which I have taken, and the instructions resmting from the

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Indemnity of Pani&n. 82S

many luid voluminous files which remain upon this matter in the
archives of this office. I must, likewise, admit, that the house of
Panton has raised jealousies and envy for the privileges granted it
by his majesty ; but I must likewise assure, tnat they are without
cause and foundation; that there is no body able to take their place,
nor to render the services which it has rendered to the government
Thence, no doubt, have ori^nated several malicious informations,
which have caused several discussions between the government and
the intendancy. The' representation to this ministry, No. 88, under
date of the 9th of February, 1797, shows the unfavourable opinion'
that the provisory intendant, Don Juan Morales, entertained as to
continuing this house in its commerce, and the sound reasons hy
which the Baron Carondolet refuted his opinion. Two months had
'Scarcely elapsed after the present intendant, Don Ramon de Lopes
y Angulo, nad taken possession of his office, when he directed
me the official letter of which the No. 1 is a copy, as No. 2 is
of my answer ; and I have thought proper to annex them to this
paper, because they throw a great deal of light on the present
matter, and for the great connexion they have with the four first
points which I am going to answer, by your excellency's order;
and therefore I supplicate your excellency, that, before exam-
ining what follows, yoU should please look at them, for they will
greatly facilitate the understanaing of all that I have to say.
Since the arrival of Don Antonio Villon to this province, and par-
ticularly since his formal entry and possesion, through the lieu-
tenant general. Count O'Reilly, the trade of the Indians has been
considered, with reason, as a powerful instrument in the hands of
government, if used according; to the political policy of the state, to
operate against the views of the Britisn, and against the ambitious
and hostile designs which the Americas, since their independence,
entertain. And it proved such to Don Louis de Unzaga, as well as
his successors: the governors Count de Galvez, Don Estevan Miro,
Baron de Carondolet, Don Manuel Gayoso de Lemos, have more or
less experienced, accoraing to circumstances ; and I myself see it
confirmed, not only by the innumerable despatches which, from time
to time, have been sent to this ministry by the said chiefs in these
matters, but 1 ikewise by the different occurrences which took place
daring my provisory government, and especially in running the
dividing line between the dominions of his majesty and the United
States, and in the defensive operations to which I am obliged to
have recourse, without force or money, m order to destroy the
designs of that adventurer, William August Bowles. My wishes to
ascertain the truth, in order to fulfil completely the commands of
his majesty, will oblige me to lengthen a cood deal this paper; but
I confidently hope I shall render the reading and consideration of
my report supportable, as they have for their object the best and
truest service of the king, in a time rendered so critical, and exposed
by the changes and variation that the political state of all the powers
presents at every moment Under this supposition, I will answer

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896 Indian RelationSf and the

at once the points ordered bv bis majesty, without any more obaer-
vations. The first part of the royal order consists in asking if the
house of Panton has a right to an indemnification. All that has
been said until now clearly shows that the house of Panton has a
right to an indemnification : it was so understood by my predeces-
scHTs, and I shall not depart from that opinion. Since tfate beginning
of 1789, that house remained alone entrusted with the general trade
of the Tallapoose, Alabama, Choctaws, and Chickasaws and Chero-
kee nations. It is in this way that, for the greatest part, were
removed the obstacles and difficulties which, at every step, were
encountered in foUowing the trade with the Indians, whicn could
not have been done by £e short, precarious, and provisionary dis-
positions which have been taken since 1784, to content them, and
consolidate a durable peace with them. The marshal of Camp
Baron de Carondolet, in a representation to this ministry, of the Ist
of July, 1798, had included a memorial of William Panton, palpably
showing the most urgent necessity of a prompt decision, assuring
that on it depends the quiet of these dominions of the king, fizii^
the indemnification which ought to be given in order to engage th^
house to continue this trade with the same fidelity, and showing the
constant success it had had during the twelve years elapsed from
its establishment to that time, or admitting the proposition made by
the same house, as shown in its former representation. No. 41, dated
July 27th, 1794, directed to the ministry, in which it is advised to
buy, on account of his majesty, the goods of the house, and admin-
istering its trade for two or three years, and preventing, in this case,
its total ruin, as the rules of equity and its good service require.
Both these representations throw as much light as is necessary on
the subject, and show with the greatest clearness how urgent it was
to adopt either of these two propositions for an in4emnificatio]i.
The governor and intendant, confiding in the generosity and justice
of the nation, stimulated by the powerful reasons contained in these
informations, encouraged and reported them ; considering them ad-
vantageous and reasonable, did continue to excite Panton to follow
the trade with the Indian nations, notwithstanding the ioss^ which
he experienced, and those which he inevitably foresaw. Truly it
is not to be supposed that the individuals of the house, afler such a
lonfi: experience of so, many years, fully acquainted, as they are,
with the management of tne trade with the Indian nations, and
foreseeing the ruin which threatened them if they persisted in it,
would have blindly continued, after the public determination, taken
by the American Congress, of engrossing it, and making this trade
at the expense of the government itself, their implicit confidence in
the two chiefs only could induce them to follow it, being fully con-
vinced that their losses would be compensated from above, as soon
as the important affairs which then absorbed, as they do now, all
the attention of the ministry, would permit it Thence ori^jjfiJied
their laudable anxiety and endeavours to fulfil the political views of
government, by preserving the peace and good harmony which ever

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Tndemfuiy of PanUm. SS7

flobmirted with the Indian nations, which was only interrupted, hi
the present time, by the presence of the adventurer Bowles, who has
filled the measure of his misdeeds by destro}ring and levelling to the

5 round, in the beginning of September last, all their possessions in
le neighborhood of the fort of St Mark de Appalachie. The hope
that their eflfbrts would, in the end, receive a recompense which they
had expected, and had been promised them, supported them during
the war with France, and has induced them to continue them in the
present war against England, by furnishing to the Indians the ^oods
they want, on the same terms that they have always been furmshed
since the talk of 1784, being well persuaded that this was the only
efficacious mode of counteracting the anxious endeavours with
which the American executive tries to gain influence and prepon-
derance with the nations, destroying their connexion with Spain, and
exposing the quiet of these provinces. The losses which tne house
has sufSred are immense, as well by the vessels which the French
and English have captured, as by the excessive insurance which it
has been obliged to pay by the irregular condition in which trade
is, not bein^ able to either augment the price of goods which it
sells in the Indian trade, nor to diminish that of the skins which it
receives in exchange; to this calculation must be added the protests
of their remittadce, and the depredations of Bowles, which are of
pablic notoriety, and the house does not exaggerate when it says
that its losses amount at the present day to the sum of four hundred
thcMisand dollars, more or less. It can be easily demonstrated that
the American government has, during the same space o( time, spent
an equal sum in their attempts to take that trade from the house of
Panton, and absorb that of the four nations, Choctaws, Chickasaws,
Cherokees^ and Tallapoosas; and notwithstanding their efforts, enter-
prises, and machinations, which they have used directly or indirectly,
the house still preserves entire the trade of the Choctaw^ and
Chickasaws. As to the trade of the Cherokees, as their towns are
very far from Pensacola and Mobile, and near to the South and
North Carolmas, it is in the present day of no importance, the
Americans having gradually prevented them from frequenting the
store-houses of Panton ; and as to the Tallapoosas, the house already
comnlains that the remittances of this year do not reach the half
of what they hoped and had a right to expect, as well for the goods
they had expended, as by the experience of past years, which no
doubt is to be attributed to the rooberies of Bowles, and to the dis-
tracted state of the greatest part of the nation, through the insolence
of the Seminoles, the only tribe addicted to his party, and which
we must particularly contrive to sain to ours. Here an unpleasant
truth suggests itself to me, which, however, it is necessary to confess
at once, and without any more words ; and it is this, that Spain owes
the remaming in possession of that trade with the Choctaw and
ChidguMiw nations to its anxiety of excluding the United States
from the navigation of the rivers Tombigbee and Temas, which
dbembogue in the bay of Mobile. These rivers are navigable for

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828 Indian RelatianSf and the

flat boats of thirty tons, in some seasons, to the distance of three huih
dred leagues. If this navigation was once open to the Amencans,
it would afford to their boundless ambition such advantages, (hat
they would not only seize all the trade of these two nations, but,
with gigantic strides, would possess themselves of that of the Tal-
lapoosas, upon whose territory, since the year '94, they have already
begun to establish store-houses, under the inspection of the agent,
James Seagrove, of which the ministry of your excellency has
already full notice ; and with very little trouble they would possess
themselves of all the trade of the Upper Tallapoo^as, completely
ruining the house of Panton, which would be obliged to abandon the
rest, and we would remain without a single Indian on our side, the
Americans being able to reduce these provinces to the melancholy
situation of a ^* presidio^^* whose unhappy inhabitants would at every
moment be victims of the fury of those barbarians, being partly
obliged to guard their fields and cattle with their arms in their hands;
the government on each side of the Mississippi would become pow-
erless, and the Americans and their Indians, insensibly, would intro-
duce themselves among the nations of the internal provinces of New
Spain, without that government being able to stop the progress of
the immense projects to which they constantly ana ambitiously look
forward, and which they inculcate in their youth from their most
tender years ; and this can be stated with certainty, because they
make no secret of it, but, as well private individuals generally, as
the executive of the United States itself, publish that they intend,
by means direct or indirect, to absorb ail this trade, opening the
navigation of the said rivers of Temas and Tombigbee to the same
liberty as that of the Mississippi ; and although these are the natural
channels for the inhabitants of their shores to import what they
want, and export their crops, still it is indispensably necessary to
prevent it, and oblige them to carry on these operations either
through the Mississippi, or through the interior of their territories.
The government must expect many headstrong representations in
order to obtain it, but it is necessary positively to give ear to none,
and not be persuaded by the apparent and plausible pretexts that they
will incessantly urge in order to obtain their end.

It is, finally, necessary in the present day to preserve the house <^
Panton, through which a great many affairs, which otherwise could
not be transacted, are communicated and managed : through it the
government receives the news which may interest it, because the
traders, whom nobody suspects, report with suflScient fidelity all
that happens : they assist in the conferences of the Indians, or know
from them what has been done in them ; they give advice of the
arrival of any American agent or suspicious person who may
introduce himself in their towns : these advices, compared with \be
propositions which the Indians make in their speeches, or commu-
nicate to the interpreter, put the government in a situation of settling
their ideas, and of destroying the views of ambition, of whatever
hostile intention they may meditate among themselves, or to which

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Indemnity of Panion. 329

thev may be instigated by our neighbours, who are very watchful

Online LibraryJoseph M. WhiteA new collection of laws, charters and local ordinances of the governments of Great Britain, France and Spain : relating to the concessions of land in their respective colonies, together with the laws of Mexico and Texas on the same subject, to which is prefixed Judge Johnson's translation of Azo an → online text (page 37 of 88)