The seventh article of the Treaty of Colerain reads as follows:--"The Creek nation shall deliver, as soon as practicable, to the Superintendent of Indian Affairs, at such place as he may direct, all the citizens of the United States, white inhabitants and negroes, who are now prisoners in any part of the said nation, agreeably to the treaty at New York; and also all citizens, white inhabitants, negroes and property, taken since the signing of that treaty. And if any such prisoners, negroes, or property, should not be delivered on or before the first day of January next, the Governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners, negroes and property, under the direction of the President of the United States." This stipulation was understood by the Creeks, and they were willing to perform it; but it is very obvious, from all the circumstances, that they had no idea of binding the Seminoles to return the Exiles resident in Florida.
The State of Georgia obtained very little territory by this treaty, and no further indemnity for the loss of their fugitive bondmen. The people of that State, therefore, were greatly dissatisfied with it. But the extraordinary feature of this treaty, consists in the subsequent construction placed upon it by the authorities of Georgia, who, twenty-five years subsequently, insisted that the Seminoles were in fact a part of the Creek tribe, bound by the Creek treaties, and that the Creek nation were under obligation to compel the Seminoles to observe treaties made by the Creeks.
In each of the treaties made between the State of Georgia and the Creeks, as well as in that made at New York, between the United States and the Creek nation, attempts had been made to bind the Seminoles, although that tribe had steadily and uniformly denied the authority of the Creeks to bind them; and being sustained by the Spanish authorities, it became evident that all further efforts to induce them to submit to the government of the Creeks would be useless. This independence they had maintained for nearly half a century. They had in no instance acknowledged the authority of the Creeks since they left Georgia, in 1750; nor is it reasonable to suppose the authorities of that State, or those of the United States, were ignorant of that important circumstance.