Unpublished Reports From Creek Agent David Brydie Mitchell On the Treaty of the Creek Agency, the African Slave Trade, Movements by Generals Jackson and Gaines, the Chehaw Massacre

"General Macintosh has taken up the subject and states that the deceased Chief was his Uncle and that a full and satisfactory explanation must be given".

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"The acres will probably not exceed half a million… yet it is of vast importance to Georgia, as it stretches all along the Ocmulgee River for at least sixty miles."

David Brydie Mitchell came to Georgia in 1783 and became close to the family of William H. Crawford, and to Crawford himself....

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Unpublished Reports From Creek Agent David Brydie Mitchell On the Treaty of the Creek Agency, the African Slave Trade, Movements by Generals Jackson and Gaines, the Chehaw Massacre

"General Macintosh has taken up the subject and states that the deceased Chief was his Uncle and that a full and satisfactory explanation must be given".

"The acres will probably not exceed half a million… yet it is of vast importance to Georgia, as it stretches all along the Ocmulgee River for at least sixty miles."

David Brydie Mitchell came to Georgia in 1783 and became close to the family of William H. Crawford, and to Crawford himself. He became governor in 1809 and served three terms, resigning to accept appointment by Presidents James Madison and James Monroe to serve as the U.S. Agent to the Creek Indians. He succeeded famed Indian agent Benjamin Hawkins, who had ushered in an unprecedented era of peace between the U.S. and the tribes. Mitchell’s policy was a pacific one, and he was criticized by those advocating a more aggressively anti-Indian policy. Mitchell's two greatest achievements were the negotiation of the Treaty of the Creek Agency in 1818, and another treaty in 1821, by which the Creek ceded land to the United States in return for a cash payment. These successes, however, were overshadowed by accusations, leveled by his bitter political enemy, John Clark, that Mitchell had smuggled African slaves into Georgia and transported them to Alabama, in violation of federal law banning the African slave trade.

This is an archive of papers written by Mitchell mostly in his capacity as Creek agent touching on his negotiations with the tribes, his observations of events in the area, military, social and political, and his defense of his own actions against the slave smuggling accusation.  Most of Mitchells papers have been lost, so these are quite a rarity and in some cases the sole records available.

William H. Crawford was U.S. ambassador to France during the negotiations to end the War of 1812. During the those negotiations, he was responsible for superintending the American consuls in Europe and keeping them informed of developments. He was also an important negotiator from a distance. He was called home and appointed Secretary of War by President James Madison on August 1, 1815, succeeding James Monroe. Crawford served in the post about a year, and was then named Secretary of the Treasury. When Monroe entered the White House, he continued Crawford in office, and Crawford remained at Treasury until the end of Monroe’s administration. All of the below letters are addressed to Crawford either as Secretary of War or Treasury Secretary.

The Creek Agent’s Report on the Imminent Signing of the Treaty of the Creek Agency

"The acres will probably not exceed half a million… yet it is of vast importance to Georgia, as it stretches all along the Ocmulgee River for at least sixty miles."

The Treaty of the Creek Agency was signed on January 22, 1818, at the Creek Agency on the Flint River in Georgia. It was handled for the U.S. by Mitchell, who was serving as President Monroe's Agent of Indian affairs for the Creek nation. The terms of the treaty ceded two tracts of land to the United States in exchange for $120,000 paid to the Creeks over the course of 11 years.

Autograph letter signed, October 16, 1817, 8 pages. “I am much flattered and gratified by the opinion you express of the success of my exertions with the Indians…” He continues with an assessment of the activities of troops in the area. “I could not and would not by any act of mine countenance any individual interference with the Indians.  That it was my duty to protect them and see that they had justice done them upon all occasions.”  Mitchell would like to “establish legal discipline in the Indian department, for I am confident if it ever prevailed, it was entirely law aside for the last ten years of Colonel Hawkins agency.

“…As soon as I can restore harmony and internal peace, which has been greatly interrupted by their late civil war, and which I hope soon to accomplish by a dire degree of firmness, accompanied with conciliation and a few presents distributed to proper objects, I propose to establish small premiums for promoting industry. Such as 100 dollars worth of useful goods to the family who shall produce the greatest quantity of corn from a given quantity of sound and 50 dollars to the next greatest quantity….. By such means and little personal attentions on the part of the Agent, I am persuaded that their present habits can be in a few years be greatly changed for the better… The Creeks & Cherokees have a meeting in the Cherokee Nation for the purpose of settling the boundary between them.  I have sent my assistant to attend them and when he returns I shall go out and then fix upon a day for holding a meeting to treat for the piece of land they have agreed to cede… for the use of Georgia.  I believe it has been usual for the President to give a special commission or authority for the purpose of holding a treaty… My mind is a little unsettled as to the conditions upon which I ought to close the bargain with the Indians.  The number of acres will probably not exceed half a million, neither is the quantity of good land considerable, yet it is of vast importance to Georgia, as it stretches all along the Ocmulgee River for at least sixty miles…. In a short time I shall be able to give you some account of an expedition which General Gaines has had in contemplation against the Seminoles for the month past.  He has expressed a desire to have the assistance of a party of friendly creek warriors and I have prepared their minds for the enterprise…. Indian tribes ought to be managed and trained to form a sure and certain auxiliary force in the service of the United States in all cases of war with any European nation, but especially the British…"

He notes that the executor of his predecessor Hawkins has been present for the transition between Hawkins and Mitchell.   "You can scarcely believe, unless you saw it, the state of dilapidation in which I found the agency."

The Report of the Chehaw Massacre; Defense against slave smuggling allegations

On April 23, 1818, Captain Obed Wright of the Georgia militia ordered an attack on a Chehaw village, which resulted in the slaughter of several Indians.

The event shocked and angered Jackson because the Chehaw, a faction of the larger nation of Creek Indians, were then American allies in the First Seminole War. Just a month before Wright’s attack, General Jackson’s weary soldiers had sojourned in the Chehaw village while traveling from Tennessee to Florida. The local chief, known as “Major Howard” among the whites, fed and provisioned the men.

"The detachment, disregarding orders," attacked a different town, "killed ten of the inhabitants, destroying the town and all the provisions they could not take away". Among those killed was "the principal chief called Howard…There was not a better, a more friendly or a more intelligent Indian in the Nation.”

Autograph letter signed, May 15, 1818, 6 pages.  He begins by noting "the various falsehoods and abominable misrepresentations contained in the extract of General Jackson's letter". The claim that he turned over a group of "negroes" to the "agent of the Governor" is false.  “I must however now add that the information you received from Mr. McIntosh of the delivery of the negroes to the Agent of the governor cannot be true; for the governor and his agent, both of whom I have seen within the last four or five ays have assured me that Mr. McIntosh has refused to deliver them over to the state authority…  The Governor [William Rabun], whom Mitchell helped elect, is now surrounded by people hostile to Mitchell. He fears they will ultimately "betray & ruin" the executive and does not understand why the Governor has turned against him. Mitchell sends news of "a strong party of mounted men sent by the Governor from Georgia into the Creek Nation to destroy two small towns on the Flint River between Forts Early and Scott… The detachment, disregarding orders," attacked a different town, "killed ten of the inhabitants, destroying the town and all the provisions they could not take away". Among those killed was "the principal chief called Howard…There was not a better, a more friendly or a more intelligent Indian in the Nation." Most of the warriors were away "at the time of the attack under the command of General Jackson, who had mustered them and took them with him, when he descended the Flint River at the commencement of the campaign.  A chief called the Wolf Warrior came to the agency and reported the transaction to me and requested that I would make enquiry by whose order and for what cause the attack had been made.”  Mitchell went to Milledgeville to see the Governor and to request that the commanding officer be arrested and court martialed. He was ignored. A meeting of the tribal chiefs was convened and an explanation demanded. Mitchell is unsure what it will take to resolve the issue. “General Macintosh has taken up the subject and states that the deceased Chief was his Uncle and that a full and satisfactory explanation must be given… I shall try if by pecuniary compensation will not satisfy them…”  He hopes Crawford doesn't decide to retire from his position and the Cabinet and dreads the upcoming election of two Senators in Georgia. "Those who could be elected, will not serve and those who are not wished for, push themselves forward." He fears the worst. He is leaving for Alabama to try and "locate the claims of the friendly Indians to the land reserved for them by the act of Congress… My efforts to restore order & protect the Indians in their just rights have occasioned the inveterate resentment of several narrow minded persons."

"My efforts to restore order & protect the Indians in their just rights have occasioned the inveterate resentment of several narrow minded persons."

Autograph letter signed, October 8, 1818, 8 pages. He discusses who to put forward for several state political positions in the next election, including the governorship. Recommends John Forsyth, among others. Talks of a false affidavit furnished to a local paper by his political enemy Clark, whom he refers to as "the malignant wretch". Says the people behind it have no evidence, "unless they resort to willful perjury". The case concerns negroes captured and turned over to an agent of Georgia. Mitchell notes he has also gained new enemies in his efforts to properly carry out his duties as Indian Agent.  "My efforts to restore order & protect the Indians in their just rights have occasioned the inveterate resentment of several narrow minded persons."  He asks Crawford's opinion about his coming to Washington for the next session of Congress in an effort to personally explain some of what is really happening in Georgia and Alabama regarding the Indian situation, the land grabbing there and the damage he feels this will do to the nation.

He seeks to defend himself against slave smuggling accusations

Autograph letter signed, November 11, 1818, 3 pages.  He notes that by following his suggestions both John Forsyth and John Elliott have been elected to the Senate. He mentions that their seats in the House may be filled by less satisfactory people, unless "any gentleman of standing comes forward". He also comments on the upcoming governor's race and the "notorious lack of integrity" of some of the candidates.

Autograph letter signed, August 22, 1820. He asks about Crawford's plans for visiting the Creek areas. Mentions the still unresolved case of the Africans and evidence on it he has sent to the War Department. “I declined answering your last letter until I should have sent to the war department evidence in the case of the Africans because I saw by the contents of your letter that you were impatient, and under impressions which would be removed by a knowledge of the facts….”

The above with Autograph letter signed, February 11, 1818, 3 pages, a copy in Mitchell’s hand of a letter of that date from the GA district attorney.  “Altho you do not state particularly in your letter of the 2nd inst. that the Africans detained by you had been brought within the jurisdictional limits of the State of Georgia, yet I take it for granted that you are under the impression that such is the fact.  The act of Congress to which you have referenced provides that in all cases the negroes seized shall be delivered over to the state authority… Now if the negroes in question were first brought into this state the effect of the act of Congress would be in my opinion to divest the original owners of any right or title which they might have had and at once gave to the state a right to possession of the negroes.  Until recently as you  know there was no act in this state in relation to property of this description which could be carried into effect…. The last legislature however made some provision on this subject and the governor is required to receive the property…ps. If the negroes in question were never brought within the jurisdictional limits of the state of Georgia I do not conceive that the governor according to the terms of the act of congress or of the state law can legally have anything to do with them.  William Davis, District Atty of Georgia.”

Included in this total is Mitchell’s original acceptance of the position.

Autograph letter signed, November 10, 1816, 3 pages, to Crawford, who was then Secretary of War. Autograph letter signed, David Brydie Mitchell, November 10, 1816, 3 pages. "I am induced to decline the appointment as agent to the Creeks.  This determination is the result of a full conviction that to perform the duty of that appointment faithfully, much more of my time must be spent in the nation than would be consistent with the happiness and welfare of my family and to remove them there is altogether out of he question…  You will therefore permit me, under the most lively impression of respect and gratitude to the President ad yourself for this evidence of your confidence to return the commission which I had the honor to receive.”

There are ten items in this group, which also includes ALSs from May 27, 1829 and June 19, 1829.
 

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