Payments to | Claimant | Amount allowed: |
No. 1. 1791. William Walker, by Tandy walker, his representative. Claim for 16 head of horses, valued at $ 1,000. | . | 1,000.00 |
No. 2. 1778. John O’Neale, $ 734. Admitted, 6 head of horses carried off. | 364.00 | 370.00 |
No. 3. Benjamin Howard. sen. $1560; 500 dollars of the claim are for a house and furniture destroyed, which cannot be allowed ; the treaty of Augusta, under which it falls, having provided for the restoration of property, which provision could not refer to property that did not exist. The facts with respect to the remaining part of the claim, must be supported by the fast of the party having demanded the property, and received no satisfaction there for. The Governor of Georgia having returned these papers without the additional proof required, the claim is rejected. | 500.00 1,060.00 | . |
No. 4. 1778 to 1782. Moses Stephens, deceased, 8493 80. Proof regular. Admitted, 6 head of horses at $60 – 360.00 5 head of cattle – 40.00 Rejected, as not provided for by the treaty of Augusta, viz. 5 head of cattle killed – 40.00 15 bushels corn burned – 45.00 15 bushels wheat do – 8.80 | 93.80 | 400.00 |
No. 5. 1777 to 1783. Drury Rogers, by his son and representative, Britain Rogers. Claim for 250 head of cattle – 2,000.00 40 hogs – 120.00 25 sheep – 60.00 1,000 lbs. bacon – 40.00 Furniture – 500.00 Mansion house – 500.00 3 horses – 375.00 250 bushels corn, and 150 wheat – 265.00 Total – $3,860.00 I find, on the list transmitted by the Executive of Georgia, made out in 1808, a claim entered in the name of Britain Rogers, as originating between the years of 1775 and 1779, for property of the above description, and as Britain Rogers was only 18 or 19 years of age in the year 1783, as appears by his own deposition, and his father died in 1803, it is manifest that the claim entered in the name of the former must have been so entered as the representative of his father. According to this the claim would stand as follows: 4 head of horses – 380.00 80 head of cattle – 640.00 5 feather-beds and furniture – 150.00 250 bushels corn, and 500 lbs. bacon – 200.00 18 head of sheep – 36.00 Houses and property burned – 50.00 Total – 1,456.00 This, then, is the true quantity and value originally claimed in this case; and if we deduct from it that part which was destroyed, the remainder is what alone ought to be allowed. This I proceed to do. Amount claimed in 1808, brought down – 1456.00 Deduct houses and property burnt – 50.00 18 head of sheep killed – 36.00 Total – 86.00 $1,370.00 Amount to be allowed under the Treaty of Augusta | . | 1,370.00 |
No. 6. 1774. Abraham F. Powell. Claim for a horse, 125 dollars. Allowed under the Treaty of Coleraine Richard Rodenburg. 1 bay mare, 85 dollars. Rejected for want of his own deposition, and because he does not make the claim himself | 85.00 | 125.00 |
No. 7. 1793. David Glenn. 54,404 55. This case was brought before Gov. Preston, the late commissioner, and rejected by him, on the ground that the Treaty of Coleraine, under which Mr. Glenn claims, did not provide for property destroyed, but for such only as was susceptible of being restored. In this construction I folly concur with him. The words of the Treaty are, "The Creek Nation shall deliver all citizen white inhabitants, negroes, and property taken since the signing," &c. "And if any such prisoners, negroes, or property, should not be delivered on or before the 1st day of January next, the Governor of Georgia may empower three persons to repair to the said nation, ill order to claim and receive such prisoners, negroes, and property." &c. It is manifest, from the words deliver and receive, that property destroyed could not have been in the contemplation of the Treaty, for these words are inapplicable to what had no existence. Nor can it be inferred from any other clause in the Treaty, that it was the intention of the parties. that indemnity should be made for property destroyed in the course of the war which preceded the Treaty | 4,404.55 | . |
No. 8. 1778. Henry Walker, deceased. 265 dollars. Deposition of the representative of the claimant only produced. Other concurring testimony must be produced, and the claimant ought, moreover, to declare that a demand had been made of the Creek Nation, and that no satisfaction was received. Suspended. Treaty of Augusta. These papers having been returned by the Governor of Georgia without the proof required, the claim is rejected |
265.00 | . |
No. 9. 1792. David Patrick, 90 dollars. One horse. Proof sufficient. | . | 90.00 |
No. 10. 1792 to 1794. Caldwell Eastis. 1,680 dollars. | . | 1,680.00 |
No. 11. 1783. William Wilder, by his representative. | 650.00 | . |
No. 12. John Trice. 2,099. Proof sufficient. Allowed under the Treaty of Shoulderbone, viz : | 1,581.00 | 518.00 |
No. 13. 1792 and 1793. Frederick Rose. 3 head of horses, 150 dollars. Affidavit of Washington Rose, representative of F. Rose, wanting, and a statement, under oath, that all unsuccessful demand had been made for a restitution of the property. Suspended. Treaty of Coleraine. This paper having been returned by the, Governor of Georgia without the proof required, it is rejected | 150.00 | . |
No. 14. 1778. David McCullers. Claim for 359 dollars. Admitted under the Treaty of Augusta | . | 359.00 |
No. 15. 1779 to 1781. Solomon Newson, deceased. Claim for 2,549 dollars, 60 cents. Entered on the list of claims forwarded by the Governor of Georgia, for which a satisfaction had been made; To be allowed under the Treaty of Augusta | . | 2,549.60 |
No. 16. 1781 or ’82. Tilitha Stokes. 1,470 dollars. This case must be authenticated in Georgia, in the manner pointed out in the case of Drury Rogers. Suspended Claim forwarded to the Governor of Georgia for further proof on the 1st of May : not yet returned. Claim for 3 horses – 400.00 30 cows – 500.00 30 hogs – 75.00 Furniture – 200.00 Bacon – 112.50 Corn and wheat – 132.50 Total – 1,220.00 besides other property and horses. Augusta. | 1,470.00 | . |
No. 17. 1787. Isaac Welsh. ______ dollars. No proof before me in this But if the claim be, as stated, for horses and cattle, it is inadmissible: for the Treaty of New York, under which it falls, provides for the restoration of, or indemnity for, negroes only. Rejected by Governor Preston | . | . |
No. 18. 1780. John Fluker. 3 head of horses, 200 dollars. No other proof adduced than his own deposition, which must be supported by other testimony. It must be shown, too, that a demand was made for the horses, which was not complied with. Treaty of Augusta. Proof not having been supplied in regular form, the claim is rejected | 200.00 | . |
No. 19. 1791′ to 1796. Tandy Walker. Claim for horses and cattle taken between the years 1791 and 1796, 1,100 dollars. To be allowed tinder the Treaty of Coleraine | . | 1,100.00 |
No. 20. 177 8. Nathan Fowler. 220 dollars. Allowed under the Treaty of Augusta. Claim for 24 head of cattle – 120.00 1 mare and colt – 100.00 Total – 220.00 | . | 220.00 |
No. 21. 1788. John Fielder. 3 horses – 400.00 Gun, saddle, clothes, spurs – 77.00 1793. 2 horses – 400.00 Total – 877.00 The property taken in 1788 rejected as not being provided for by the Treaty of New York, under which it falls The claim for that taken in 1793 has been allowed by Governor Preston | 477.00 400.00 | . |
No. 22. 1777. John Folsom. claim for horses, &c. – 1,210.00 Deduct for house burnt, not admissible – 200.00 Total – 1,010.00 To be allowed tinder the Treaty of Augusta | . | 1,010.00 |
No. 23. 1787 and 1788. Shadrach Dennard. 615 dollars. 2 houses – 50.00 150 bushels corn – 150.00 5 horses – 400.00 1 cow – 15.00 Total – 615.00 Rejected by Governor Preston, under the Treaty of New York, which provides for the case of negroes only. In this decision I concur | 615.00 | . |
No. 24. 1788. Arthur Moore, deceased. 7 horses, 600 dollars. The Treaty of New York, under which this claim falls, provides for the restoration or indemnification of negroes only. Rejected | 600.00 | . |
No. 25. 1787 and 1788. Capt. John Jenkins, deceased. Buildings, &c. 2,200 dollars. Not admissible under the Treaty of New York, which makes no provision, for the destruction or restoration of property, with the exception of negroes | 2,200.00 | . |
No. 26. Bernard Heard, by his son and representative, John G. Heard. Claim for 10 head of horses – 1,400.00 66 head of cattle – 537.00 Total – 1,937.00 The paper purporting to be the deposition of Bernard Heard and Stephen Heard, taken in 1723. is evidently recently written, and the signatures by the same hand. Besides, John G. Heard states, in his deposition, that the only person who knew particularly his father’s loss, and of whom he went in pursuit died before he could obtain his testimony. These circumstances raise a presumption against the fairness of the claim. It is rejected This claim, moreover, is not on the list from Georgia. Augusta | 1,937.00 | . |
No. 27. (No time specified.) John Green. Claim for 2 negroes – £ ster. 140 1 horse – 70 Total – £stet. 210 It appears, by the testimony, that one John Randall, a half breed Indian, was charged with the theft, and that he promised to make satisfaction there for; but it does not appear that no satisfaction had been made. There is no evidence that the Creek Nation was ever called upon to make satisfaction; and indeed it is fairly to be presumed that it was not, from the circumstance of the party having claimed from Randall. This claim, too, is not among those presented to the Governor of Georgia and by him sent to the War Department. This claim must be rejected. £ sterling 210 | 933.33 | . |
No. 28.. 1777 to 1781. Richard Hocket, by Charles Webb. Claim 6 head of horses – 600.00 75 head of cattle – 375.00 Furniture – 50.00 Total – 1,025.00 The depositions with respect to the time the property was taken are too vague and it would seem by one of them, that Richard Hocket died about the year 1777 and consequently, no loss could have been sustained by him in 1781. The claim is rejected. Augusta. | 1,025.00 | . |
No. 29. 1779 and 1780. Thomas Stone. Claim for negroes. It is evident, on comparing the two depositions within, that Henry D. Stone has committed perjury, and that the whole claim, as lying against the Creek Indians, ii a sheer fabrication. These depositions ought to be transmitted to the District Attorney of Georgia, to be laid before the Grand Jury of the county in which the parties live. Augusta | 19,550.00 | . |
No. 30. 1788. Joseph Espey. Claim for 2 horses taken by the Indians, 200 dollars. This claim falls under the Treaty of New York of 1790, which makes no provision for any description of property other than negroes. Rejected. New York | 200.00 | . |
No. 31. 1788. John Gilbert. I horse, 120 dollars. Not provided for by the Treaty of New York, which followed the loss, and is therefore rejected | 120.00 | . |
No. 32. Martin Palmer. Decided by Gov. Preston against him. | . | . |
No. 33. 1982. Elijah Thompson. 1 horse, l00 dollars. To be allowed 85 dollars under the Treaty of Colerain, in the year 1796 | 85.00 | |
1792. Alexander Autrey. Claim for one horse – 100.00 1796. 2 horses – 180.00 1798. 2 horses – 160.00 Total – 440.00 Deduct, for the two last, as falling under the intercourse act 160.00 280.00 Allowed under the Treaty of Coleraine | . | 280.00 |
Total, | $38,780.68 | $ 11,156.60 |