Payment – 02

Payments to

Claims rejected.

Claims admitted.

1795-4. Archibald Norris. 2 horses.
Allowed. Provided for by the treaty of Coleraine.
.$  175.00
1786. Benjamin Elsbury. 4 horses, — – – $575.00
The valuation of the property appearing to be exorbitant, one-third was deducted from it $191.66, which is allowed, and provided for by the treaty of Shoulderbone.
.383.34
1786. Benjamin Elsbury, deceased. 1 mare and a colt,
Allowed. Provided for by the treaty of Shoulderbone. The charges for the steer killed, and horses burnt, are rejected. They are not provided for by the treaty.
.200.00
1790. Joseph Smith. deceased. For horses,
Allowed. Provided for by the treaty of Coleraine.
.300.00
1794. Joseph Watters, deceased. 1 mare and colt,
Allowed. Provided for by the treaty of Coleraine. The charges for the 2 horses lost in 1788 and ’89, are rejected. They are not provided for by the treaty of New York, which followed the loss,

394.28

113.67
1797. James Butler. One horse,
This claim originated subsequently to the Treaty of Coleraine, and during the time the act of Congress of the 19th May, 1,796, regulating trade and intercourse with the Indian tribes, was in operation; afterwards, to wit, in 1802, the Treaty of Fort Wilkinson was concluded, by the second act of which S 5,000 were stipulated for the payment of claims of this description. It is evidently of the class of excluded claims referred to in the President’s instructions. It is therefore rejected.
150.00 
1797. John M. Butler.
This claim is rejected, (for one horse,) for the reasons given in the case of James Butler, immediately preceding this,
150.00 
1779, ’77, ’80. Edward Willborn. Thirteen horses, 25 head of cattle, Allowed. Provided for by Treaty of Augusta..1,365
1777, ’80. Joseph Culpepper. Three horses,
Allowed. Provided for by the Treaty of Augusta
.285.00
1790,’81. John Glass. Fifteen head of horses,
Allowed. Provided for by the Treaty of Augusta.
.1,345.00
1792. David Patrick. One brown mare,
If the claimant has never received compensation, nor made reprisal for the property alleged to have been lost, he ought so to have stated. Having omitted to do so, the claim must be rejected.
90.00 
1786. John Stewart and Charles Stewart. Eight horses, four cows, and calves, –
This much of the claim is allowed, and is provided for by the Treaty of Shoulderbone. The remainder, ($ 250) for household furniture, &c. is rejected, because the Treaty provides only for the restoration of property taken, and this being of a perishable nature, could hardly be supposed to be in a situation to be surrendered at the time of the formation of the Treaty
250.00372.00
1800. Thomas Richardson, one horse.
The insufficiency of the evidence in this case, of itself, would induce a rejection of the claim. But it appears that the claimant lost his horse in the Indian Territory, without showing that he had permission to enter it. If he was authorized to travel through the Indian Territory, then the act of Congress of the 3d March, ’99, points out the proper mode of redress.
50.00 
1788. Edward Ball, deceased. Seven Negroes taken, valued at
This much of the claim, only. is allowed. It is provided for by the Treaty of New York. No allowance can he made for the Negroes killed, the Treaty not having contemplated indemnity farther than for the Negroes which were not delivered up under, which were those previously taken, and those in the nation
1,250.002,025.00
1792-93. Joshua Browning, six horses
Allowed. Provided tern by the Treaty of Coleraine.
..597.00
1788 Thomas Quarterman, one negro.
Allowed. Provided fur by the treaty of New York. The charge for the horse is rejected. The treaty does not provide for it
30.00300.00
1788. Andrew Maybank, sixteen negroes.
Allowed. Provided for by the Treaty of New York.
.6850.00
1788. John B. Girardeau, seven negroes.  
Allowed. Provided for by the treaty of New York
.2,000.00
1789. J. Le Conic, three negroes
Allowed. Provided for by the treaty of New York.
.820.00
1801. Charles Walker, deceased, two negroes
This claim is for negroes absconding to, and detained in, the Creek nation, between the period of the conclusion of the treaty of Coleraine, in 1706, and that of Fort Wilkinson, in 1802; consequently, it is not comprehended in the class of claims provided for by the 2d article of the last mentioned treaty. It is allowed, and may be embraced in that class of claims originating subsequently to the treaty of Coleraine, and not provided for by the treaty of Fort Wilkinson.
.800.00
1788. William Girardeau, four negroes. 
Allowed. Provided  For by the treaty of New York. The claims fur the horse are rejected, because the treaty does not provide for property of that description.

200.00

2,000.00
1788. Thomas Bacon, three negroes. 
Allowed. Provided for by the treaty of New York.
.1,200.00
1792. John Booth, deceased, three horses, $500. 
It appears that three horses were taken from John Booth, which are proved to have ‘been worth $ 300; that one was subsequently returned, and one killed by the Indian who had him in possession. As the treaty of Coleraine does not appear to contemplate indemnity for any other property than for such as was actually in the nation at the time of its formation, (and which was agreed to be surrendered,) nothing can be allowed for the horse killed. The claimant is entitled to compensation for the value of the third horse, say $100, which is provided for by the treaty of Coleraine.
200.00100.00
1792-3. Zachariah Clark, two horses,
Allowed. Provided for by tile treaty of Coleraine.
..170.00
1788. James Jackson, one negro woman killed.
The treaty, of New York, which followed the act of hostility complained of in this case, does not provide for the claim. Under that treaty, the Indians undertook to deliver up the negroes which were then in the ration, and not to compensate for such as had been killed. The claim is therefore rejected.
325.00 
1793. John Swilley, Two horses,
Allowed. Provided for by the treaty of Coleraine.
.350.00
1793. Stephen Swilley, deceased. One horse,
Allowed. Provided for by the treaty of Coleraine. The remainder of this claim. as also of the preceding one of J. Swilley, amounting together to 51328.7 5, is rejected. The treaty appears to contemplate no indemnity for property destroyed, or for any other description than such as could be supposed to have been then in the nation.
.85.00
1793. Moses Sinquefield, One horse, 
Allowed. Provided for by the treaty of Coleraine.
.175.00
1782. Nathan Barnett, One negro —  $300.00, 10 horses — 805.00
Allowed. Provided for by the treaty of Augusta.
.1,105.00
1787-1794. William Saffold. T., Twenty-seven head of horses, &c.             3,250.00
The 27 head of horses, for which compensation is now claimed, are proven to have been lost between the years 1787 and 1794, and the treaty of New York was concluded in 1790, which does not provide for any other description of property than negroes. The claim would be altogether rejected for want of certainty as to the time of the loss of the Property, but for the circumstance of the original claimant being dead, and the improbability of there being any testimony nom in existence, which could supply the defect, on the other hand, it would be equally unjust to allow the claim to its whole extent, because it appears from the evidence that the greatest number of horses were taken previous to 1790. Upon every view of it, it is believed that something like a medium course would nearest attain the ends of’ justice: the sum of $1000 is therefore allowed for 10 horses, which may have been taken after the treaty of New York, and provided for by that of Coleraine.
2,250.001,000.00
1785. Robert Flournoy, One horse, Provided for by the treaty of Galphinton.  The claim for the negro man ($600) cannot be allowed. It appears from from evidence that the Negro (who had ran off from his master, and taken refuge in tile Creek nation) was killed by tile Indians, in an attempt to surrender him to the United States garrison. It would seem that their endeavor to surrender tile Negro, (who had entered the nation voluntarily) though it failed in the manner stated, ought to exonerate tile nation from all responsibility.600.0050.00
1784. Nathaniel Howell, deceased.
Two Negroes, Allowed. Provided for by the treaty of Gulphinton
.1,000.00

Topics:
Creek, History,

Collection:
Payments to Citizens of Georgia. Issue 268 of Document, United States 20th Congress, 1st session, 1828. Gales & Seaton. 1828.

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