The Troops along the Florida frontier become active—The Exiles on Suwanee and Withlacoochee prepare for War—General Gaines’s representation of their numbers—Depredations committed during the Spring and Summer of 1817—Massacre of Lieutenant Scott and his party—Its Effect upon the Country—Congress not consulted as to this War—General Gaines authorized to Invade Florida—General Jackson ordered to the Field—Mr. Monroe assumes the Duties of President—His Cabinet—Character of Congress—Public Sentiment in regard to discussion of Subjects connected with Slavery—General Jackson concentrates his Army at Fort Scott—Proceeds to Mickasukie—Battle—Destruction of the Town—Marches to St. Marks—Indian Chiefs decoyed on board a Vessel—Hanged by order of General Jackson—The Army moves upon Suwanee—Its Situation—Exiles prepare for a decisive Battle—Severe Conflict—General Jackson takes the Town—Captures Indian Women and Children—Burns the Villages of that region—Returns to Pensacola—Capture and Trial of Arbuthnot and Ambrister—Their Execution—Invasion of Florida condemned by some of our Statesmen, and vindicated by others.
The nation having been precipitated into war (1816), the Officers of Government, and the army, at once became active in carrying it on. Orders were sent to General Gaines, exhorting him to vigilance, caution and promptitude. He was on the southern frontier of Georgia, where it was naturally supposed the first blow, in retaliation for the massacre of Blount’s Fort, would fall. His scouts were constantly on the alert, his outposts strengthened, and his troops kept in readiness for action.
The Seminole Indians had lost some thirty men, who had intermarried with the Exiles, and were in the fort at the time of the massacre. They entertain the opinion that the souls of their murdered friends are never at rest while their blood remains unavenged; nor could it be supposed that the Exiles would feel no desire to visit retributive justice upon the murderers of their friends. Long did this desire continue, in the minds of the surviving Exiles, until, many years subsequently, their vengeance was satiated, their hands were stained, and their garments saturated, in the blood of our troops.
The surviving Exiles had their principal remaining settlements upon the Suwanee and Withlacoochee rivers, and in the Mickasukie towns. These settlements were on fertile lands, and were now relied upon to furnish provisions for their support during hostilities. Savages are usually impetuous; but the Exiles were more deliberate. Colonel Clinch had returned to Georgia; Sailing-Master Loomis was at Mobile Bay, and no circumstances demanded immediate action. They gathered their crops, obtained arms and ammunition from British and Spanish merchants, and made every preparation for hostilities. During the summer and autumn of 1816, General Gaines reported slight depredations on the frontiers of Georgia, but in February, 1817, he reported that larger bodies of Indians were collecting in some of their villages; and in one of his letters he stated that seven hundred negroes were collected at Suwanee, and were being daily drilled to the use of arms. This number of fighting men would indicate a larger population of Exiles than is warranted by subsequent information.
During the Spring and Summer, both parties were in a state of preparation—of constant readiness for war. A few predatory excursions to the frontier settlements, marked the action of the Indians and Exiles, while the army, under General Gaines, often sent parties into the Indian country, without any important incident or effect. The first effective blow was struck in November. A boat was ascending the Appalachicola river, with supplies for Fort Scott, under the escort of a Lieutenant and forty men, in company with a number of women and children. Information of this fact was communicated to the Exiles and Indians resident at Mickasukie, and a band of warriors at once hastened to intercept them. They succeeded in drawing them into ambush, a few miles below the mouth of Flint River, and the Lieutenant, and all his men but six, and all the children, and all the women but one, were massacred on the spot. Six soldiers escaped, and one woman was spared and taken to Suwanee as a prisoner. Here she was kept by the Exiles through the winter, and treated with great kindness, residing in their families and sharing their hospitality. She had thus an opportunity of learning their condition, and the state of civilization to which they had attained, as well as their desire to be at peace with mankind, in order to enjoy their own rights and liberties.
This massacre was regarded by the country as a most barbarous and wanton sacrifice of human life. The newspapers blazoned it forth as an exhibition of savage barbarity. The deep indignation of the people was invoked against the Seminoles, who were represented as alone responsible for the murder of Lieutenant Scott, and his men. Probably nine-tenths of the Editors, thus assailing the Seminoles, were not aware of the atrocious sacrifice of human life at “Blount’s Fort,” in July of the previous year. Even the President of the United States, in his Message (March 25), relating to these hostile movements of the Seminoles, during the previous year, declared “The hostilities of this Tribe were unprovoked,” as though the record of the massacre at “Blount’s Fort” had been erased from the records of the moral Universe. Notwithstanding our army had, in a time of profound peace, invaded the Spanish Territory, marched sixty miles into its interior, opened a cannonade upon “Blount’s Fort,” blown it up, with an unprecedented massacre, in which both Seminole Indians and negroes were slain, and two of their principal men given over to barbarous torture; yet, the President, in his Message, as if to falsify the history of current events, declared that “as almost the whole of this Tribe inhabit the country within the limits of Florida, Spain was bound, by the Treaty of 1795, to restrain them from committing depredations against the United States.” Such were the efforts made to misrepresent facts, in relation to the first Seminole War. With its commencement, the people had nothing to do; they were not consulted, nor were their Representatives in Congress permitted to exercise any influence over the subject. The correspondence between General Gaines and the Secretary of War, in regard to the occupation of the fort by the Exiles, had commenced on the fourteenth of May, 1815. It was continued while Congress was in session, in 1815 and 1816, but no facts in regard to the plan of destroying it, and entering upon a war, for the purpose of murdering or enslaving the Exiles, had been communicated to Congress or the public.
Orders were now issued to General Gaines, authorizing him to carry the war into Florida, for the purpose of punishing the Seminoles. General Jackson was ordered to take the field, in person, with power to call on the States of Tennessee and Georgia for such militia as he might deem necessary, for the due prosecution of the war; and the most formidable arrangements were made for carrying on hostilities upon a large scale.
Mr. Monroe had assumed the duties of President in March, 1817. He had appointed Hon. John Quincy Adams Secretary of State, at the commencement of his administration; but the office of Secretary of War was not filled by a permanent appointment, for some months, in consequence of Governor Shelby’s refusal to accept it, on account of his advanced age. It was finally conferred on Hon. John C. Calhoun, who, through his entire official life, was distinguished for his devotion to the institution of Slavery; and this war having been entered upon for the support of that institution, it may well be supposed that he exerted his utmost energies for its vigorous prosecution.
The fifteenth Congress assembled in December, 1817. Most of the members from the free States had not enjoyed the advantages of having served long in that body. They afterwards showed themselves able men; but the business of legislation requires experience, industry, and a perfect knowledge of the past action of government. This cannot be obtained in one session, nor in one Congress; it can only be gathered by the labors of an active life. It is, therefore, not surprising that Congress granted to the War Department whatever funds the President required to carry on the war.
It is not our province to applaud, or condemn, public men; but history represents no member of the fifteenth Congress as having proclaimed the cause of this war, or the atrocious massacre which characterized its commencement. On the contrary, those who spoke on the subject, represented it as entirely owing to the Indian murders on the frontiers of Georgia, and to the massacre of Lieutenant Scott and his men. There was great delicacy exhibited, and had been for many years previously, in regard to the agitation of any question touching the institution of Slavery; and the people of the free and slave States appeared to feel that silence on that subject was obligatory upon every citizen who desired a continuance of the Union. These circumstances rendered it easy for the Administration to prosecute the war, with whatever force they deemed necessary for the speedy subjection of Indians and Exiles.
On entering the field of active service, General Jackson called on the State of Tennessee for two thousand troops. He repaired to Harford, on the Ockmulgee, where a body of volunteers, from Georgia, had already assembled, and organizing them, he requested the aid of the Creek Indians also. They readily volunteered, under the command of their chief, McIntosh, ready to share in the honors and dangers of the approaching campaign. With the Georgia volunteers and Creek Indians, General Jackson marched to Fort Scott, where he was joined by about one thousand regular troops.
With this force, he moved upon the Mickasukie towns, situated near the Lake of that name, some thirty miles south of the line of Georgia. It was the nearest place at which the Exiles had settled in considerable numbers. There were several small villages in the vicinity of this Lake, inhabited almost entirely by blacks. A large quantity of provisions had been stored there. There were also several Seminole towns between Mickasukie Lake and Tallahasse, on the west.
The Exiles appear to have viewed the approach of General Jackson with coolness and firmness. They had evidently calculated the result with perfect accuracy. Their women and children were removed to places of safety, and their herds of cattle were driven beyond the reach of the invading army; and some of their Indian allies followed the example thus set them by the Exiles; yet others were not equally careful in calculating future events.
Neither Indians nor negroes had made these towns their general rendezvous; nor did they expect a decisive battle to occur at that point; yet they prepared to meet General Jackson, and his army, in a becoming manner. Most of their forces were collected prior to the arrival of our troops. In making the requisite dispositions for battle, the Indians were formed in one body, and the negroes in another—each being under their respective chiefs.
General Jackson encountered the allied forces at some little distance from the Mickasukie towns, April first. The battle was of short duration. The Indians soon fled. The Exiles fought with greater obstinacy. Their fire was so fatal that a reinforcement was ordered to that part of the field, and the Exiles were driven from their position, leaving twelve of their number dead upon the field.
In his official report of this battle, General Jackson insisted that British officers had drilled the negroes, and British traders had furnished them ammunition. He also reported that he burned more than three hundred dwellings, and obtained a supply of provisions and cattle for his army.
The Exiles, generally, retreated to Suwanee, and the Indians continued to hang around the American army, watching its movements. General Jackson, however, directed his course towards St. Marks, a Spanish fort, situated on the river of that name, some fifty miles southwest of Mickasukie Lake.
The American army reached St. Marks on the seventh of April, and remained there several days. One of the American vessels lying in Appalachicola Bay, hoisted British colors, in order to decoy some Indians who were looking at them from the shore. Two of the “Red Stick” band ventured on board; they were said to be chiefs, and in alliance with the Seminoles. General Jackson ordered them to be hanged, without trial or ceremony, justifying the act by charging them with having participated in the massacre of Lieutenant Scott and his party, during the previous autumn, apparently unconscious that, by his own orders, two hundred and seventy people, including innocent children and women, had been most wantonly and barbarously murdered at the fort on Appalachicola, and that Lieutenant Scott and thirty men were murdered in retaliation for that act, according to savage warfare. He appears to have felt it due to offended justice, that these men should die for being suspected of participating in that act of retaliation. In all these cases, the most assiduous efforts were exerted to misrepresent the real state of facts.
The time occupied in the approach and capture of Fort St. Marks, gave to the Exiles and Indians full opportunity to concentrate their forces at Suwanee. It constituted the most populous settlement of the Exiles, after the destruction of that upon the Appalachicola. It was regarded as their stronghold. Surrounded by swamps, it was approached only through narrow defiles, which rendered it difficult for an army to reach it. Here many of the Exiles had been born and reared to manhood. Here were their homes, their firesides. Here their chief, Nero, resided; and here they concentrated their whole force. They had removed their women and children, their provisions and cattle, to places of safety, and coolly awaited the approach of General Jackson’s army.[44]
Scouting parties were, however, sent out to harrass his advance guard, and delay his approach, and render it more difficult; but, notwithstanding these obstacles, the army steadily advanced, and on the nineteenth of April reached the “Old Town” of “Suwanee,” and found the allied forces in order of battle, prepared to contest the field. The Indians were again formed on the right, and the Exiles constituted the left wing, bringing them in conflict with the right wing of General Jackson’s forces.
With the Exiles, there was no alternative other than war or slavery; and they greatly preferred death upon the battle field, to chains and the scourge. We may well suppose they would fight with some degree of desperation, under such circumstances; and the battle of Suwanee gave evidence of their devotion to freedom. They met the disciplined troops, who constituted General Jackson’s army, with firmness and gallantry.[45] At the commencement, their fire was so fatal that the right wing of the American army faltered, and ceasing to advance, gave signs of falling back. But the left wing, opposed to the Indians, made a successful charge; the Indians gave way, and the reserve was suddenly brought into action to sustain the right wing, when a general charge was ordered, and the Exiles were compelled to fall back.[46]
General Jackson, in his official report of this battle, refers to the desperation with which the negroes fought, and says they left many dead upon the field, but does not mention their number. He entered the town and set fire to the buildings, and burned all the villages in the vicinity. He also captured some three hundred Indian women and children, while those belonging to the Exiles had been carefully removed beyond the reach of the American army. This superior caution and provident care appears to mark the character of the Exiles in all their conduct; while the Indians appear to have practised none of these precautions.
But the allied forces, defeated, and their warriors scattered in various directions, were pursued by McIntosh and his Creek warriors, who had accompanied General Jackson, until fearing the Seminoles might rally in force against them, they returned and again united with the American army.
This battle substantially closed the war of 1818. It had been commenced for the destruction of the Exiles; they had shared in its dangers, and by their energy and boldness, had given intensity to its conflicts. From the time they united in the expedition for the destruction of Lieutenant Scott and his party, in November, 1817, until the close of the battle of Suwanee, they had been active participants in every skirmish, and had uniformly displayed great firmness; bearing testimony to the truth of those historians who have awarded to the African race the merit of great physical courage.
General Jackson appears to have spoken as little of the Exiles as duty would permit, when communicating with the Secretary of War; yet he was more free to complain of them in his correspondence with the Governor of Pensacola. In a letter to that officer, dated a few days after the battle of Suwanee, he says: “Negroes who have fled from their masters, citizens of the United States, have raised the tomahawk, and, in the character of savage warfare, have spared neither age nor sex. Helpless women have been massacred, and the cradle crimsoned with blood.”
We can, at this day, scarcely believe that this eloquent description of savage barbarity was from the pen of a man whose order for the massacre of defenseless women and children, at the Fort on Appalachicola, bore date less than two years before writing this letter; nor can we readily comprehend the effrontery of him who thus attempted to justify the invasion of Florida, by reference to acts done by the Exiles long after the army under his command had entered that territory, and committed the most atrocious outrages ever perpetrated by civilized men upon an unoffending people.
After the battle of Suwanee, General Jackson returned to St. Marks, being unable to follow the Indians and Exiles into the more southern portions of Florida. While at St. Marks, he ordered a court-martial, constituting General Gaines president, in order to try Arbuthnot and Ambrister. The history of their trial and execution is familiar to the reader. The first and principal charge against Ambrister was, that he excited the negroes and Indians to commit murder upon the people of the United States; the second charge was for supplying them with arms. On these charges he was convicted and executed. It was also alleged, that he was present at the battle of Suwanee; and some writers say he commanded the Exiles on that occasion, and had previously taught them military discipline.
In May, General Jackson issued an Address to his troops, declaring the war at an end; and wrote the Executive, asking permission to retire to his home in Nashville, there being no further use for his services in the field.
The Exiles now returned to their homes. They had full leisure to contemplate their situation. Many of their best men had fallen. Nearly the entire population residing upon the Appalachicola River had been massacred. Their villages at Mickasukie and Suwanee had been burned; and it is probable that nearly one half of their entire population had been sacrificed, in this first war waged by the United States for the murder and recapture of fugitive slaves.
The invasion of Florida by General Jackson was condemned by many public men, and was approved by others with equal ability. Even the then Secretary of State, John Quincy Adams, in his correspondence with Don Onis, the Spanish Minister, defended the invasion with great ability. But in the discussions of this subject, we find no allusion to the massacre at “Blount’s Fort;”[47] that appears to have been regarded as a subject of too delicate a nature for public scrutiny. In the alcoves of our National Library, we find many volumes of documents touching this war, embracing some thousands of pages, in which there is the strongest censure expressed against the Seminoles for provoking the war, and condemnation for the barbarous manner in which they conducted it; but we search them in vain to find any condemnation, by American statesmen, of the object for which the war was commenced, or the unprovoked and worse than savage massacre which marked its beginning.
Effects of the War—Situation of the Exiles—Servility of Northern Statesmen—Determination of Southern Slaveholders—The purchase of Florida demanded—Causes which led to it—Territory obtained—Authorities of Georgia demand a new Treaty with Creeks—Mr. Calhoun Secretary of War—His efforts in favor of the Claimants—Georgia appoints Commissioners—They attempt to dictate those appointed by the United States—Correspondence—Mr. Calhoun dissatisfied with those whom he had appointed—They resign—New Commissioners appointed—Their relation to the subject—Difficulties—Indian Talks—Treaty effected—Agreement—Assignment of Fugitive Slaves to United States in trust for the Creek Indians—Claims adjudicated—Slaveholders claim the funds belonging to the Creek Indians.
The first Seminole war, like most other wars, was attended with great sacrifice of blood and treasure. It had corrupted the morals of the nation; but the Administration had entirely failed to attain the objects for which it had been commenced. Not ten slaves had been captured, if we except those who were wounded and taken prisoners at “Blount’s Fort,” one half of whom had died of their wounds. Under such circumstances, the Government could not, with propriety, condescend to make a treaty with a community of black men, whose ancestors had fled from slavery. Such act would, in the opinion of slaveholders, have compromised the dignity of the Slaveholding States; nor could they treat with the Seminole Indians as a separate tribe, for the Administration was endeavoring to hold the Creeks responsible for the acts of the Seminoles, who, the slaveholders insisted, were a part of the Creek tribe. The army was therefore withdrawn from Florida, without any treaty whatever. But the act of withdrawing the army and permitting the Exiles to remain in a state of freedom and independence, constituted an acknowledgment of the inability of our Government to reënslave them, although it was constantly asserted that they were a degraded race, incapable of supporting themselves if set at liberty.
In looking over the official reports of our officers, the action of Congress, and the tone of the public press, we are forcibly impressed with the constant and unceasing efforts to hide from the popular mind of the nation the real questions involved in this war. Nor can we account for it upon any other hypothesis, than the popularity of President Monroe’s Administration. The old Federal party had ceased to exist. They had been the only party opposed to Mr. Monroe; and no member of Congress appears to have possessed the requisite independence, information and ability, to take a position distinctly against his policy.
Soon as our army was withdrawn from Florida, peace was of course restored, and things remained as they were prior to the invasion under Colonel Clinch, in 1816. The Exiles were again left in peace, as they had been prior to the commencement of the war. Nothing had been gained to the United States by the vast expenditure of blood and treasure which attended the prosecution of hostilities. The Exiles had maintained their liberty for at least a century, and now they had set the American Government at defiance. These considerations operated upon the minds of the slave population of Georgia and Alabama, who now became more anxious to join them; and their numbers were thus increased almost daily by slaves from those States.
From 1790, our Government had endeavored to reënslave these people. No Northern statesmen objected to the policy; while those of the South had come to believe that, although the Union may not have been formed solely for the purpose of capturing slaves, yet that duty was regarded by them as one of its most important objects. It had now become evident that no military force could pursue them into their retired fastnesses, or seek them out when scattered among the hommocks, the swamps and everglades of that singular country.
Southern statesmen now turned their attention to the purchase of Florida. That would deprive the Indians and Exiles of the nominal protection of Spanish laws, and would bring them under the jurisdiction of the United States; they therefore addressed themselves to that policy with renewed assiduity. Recent events had convinced the authorities of Spain that it was impossible for them to maintain the dignity of the Spanish crown, or the sanctity of her soil from invasion against an American army, when in pursuit of fugitive slaves. She had seen her territory invaded; her forts at Pensacola and at St. Marks captured, and that upon the Appalachicola destroyed; her subjects massacred; her authority despised, and her rights as a nation treated with indignity by our army. There was, indeed, no other way for her but to accede to the proposition of the United States.
A treaty was negotiated (February 22), and in consideration of five millions of dollars, Florida was transferred to the United States, and the Seminoles were brought within the jurisdiction which they most dreaded.
The slaveholders of Georgia, who had so long pressed their claims for fugitive slaves, now became more clamorous. They saw, with intense interest, the pertinacity with which the Executive had pressed the claims of those who lost slaves, in the then recent war with England. Under the Treaty of Ghent, the President insisted upon full indemnity to those whose slaves had left the country, under British aid; and when the English ministry refused, and insisted upon the same construction as that placed upon the treaty of 1783, which contained the same words, the American Executive refused, and the question was referred to the umpirage of the Autocrat of Russia, who held an entire nation in slavery, and could not be expected to decide in any other manner, than that most favorable to the institution.[48]
The influence of the slave power having increased so greatly since 1796, as to induce the British Government to change its policy, adopted at the framing of Jay’s Treaty, was now believed competent to compel the Creek Indians to comply with the treaties of New York and Colerain. A quarter of a century had passed, since the signing of the last of these treaties, and they had been forgotten by many; but the people of the free States, and their Representatives and Senators in Congress, had quietly submitted to this prostitution of our national character and influence, and none appeared to doubt the propriety of continuing these efforts.
Georgia now demanded of the Federal Government a new treaty with the Creek Indians,[49] in order to obtain from them indemnity for the slaves she had lost, subsequent to the close of the Revolution, and prior to the act of 1802. To this demand the Federal Executive assented. The Secretary of War, Mr. Calhoun, with his attachment to the institution, could do no less than to exert what influence he was able to wield, in assisting Georgia to obtain a compensation for the loss of her slaves. On him devolved the burthen of selecting commissioners to negotiate the contemplated treaty. Careful to place the subject in the hands of men who would be likely to wield their power for the benefit of the “peculiar institution,” he appointed General Andrew Pickens of his own State, and General Thomas Flournoy of Georgia, to conduct the negotiation.
In his letters of instruction to those gentlemen, he was careful to inform them that the treaty was to be negotiated for the benefit of Georgia;[50] that she would also appoint commissioners to attend the negotiation, and watch over the interests of her people. The commissioners proceeded to make arrangements for the treaty. They appointed the time and place for holding it; employed an agent to furnish the requisite supplies, and made arrangements for the necessary payments. At this point a correspondence arose between them and the commissioners of Georgia, who assumed to dictate the terms on which the treaty was to be founded. The commissioners of the United States, finding those of Georgia inclined to dictate the course of action which they were to pursue, were unwilling to submit to such dictation, and reported the difficulty to the Secretary of War; while the commissioners on the part of Georgia, feeling perfect confidence in the devotion of that officer to the interests of slavery, made their report of the matter to him also.[51]
The Secretary returned an answer, reproving the commissioners whom he had himself appointed, so severely for their refusal to obey the dictation of those appointed by Georgia, that they both immediately resigned their offices, appearing to feel that their own self-respect must be compromised by acting under the instruction of the State Commissioners.[52]
Apparently determined to appoint no man who should again prove refractory, the Executive—probably at the instance of the Secretary of War—next selected as commissioner, in the place of Mr. Flournoy, David Meriwether, who had, up to the time of receiving the appointment, acted as commissioner on the part of Georgia. At the request of the Secretary of War, he resigned his office of commissioner on behalf of the State, and accepted the appointment from the Federal Government. Hon. D. M. Forney, of North Carolina, was selected as the other commissioner, in place of Mr. Pickens. These commissioners were expressly instructed to assist the State of Georgia in obtaining the objects for which she was striving.[53]
These preliminary arrangements could not fail to foreshadow the character of the treaty negotiated under such auspices. Anticipating no other motive for the treaty than the settlement of the boundary between the State of Georgia and the Creeks, the chiefs, head-men and principal warriors of the tribe assembled at the time and place appointed. After the ordinary formalities on such occasions, the commissioners on the part of the United States opened the business by simply stating, that the people of Georgia complained to the President that the Creeks had not returned the property (negroes, cattle and horses), which they were under obligations to return to their owners in Georgia, by the treaties of New York and Colerain.
The commissioners on the part of Georgia now delivered their talk, saying, that by the treaty of Augusta (1783), of Galphinton (1785), and of Shoulderbone (1786), the Creeks had agreed to return to their owners, negroes who had left their masters, and other property; that these treaties were all made before the formation of the government of the United States under their present Constitution; but they were ratified by the treaty of New York (1790), and of Colerain (1796), made with the United States, and Georgia now demanded compensation for the loss of her negroes and other property.
On the following day, General McIntosh, principal chief of the Creeks, replied, that he came to meet the commissioners of the United States, and had no expectation of meeting those of Georgia; nor had he or his friends any idea that such claims were to be presented. That the chief, McGillivray, when he returned, after the treaty of New York, informed them that they were to deliver up such negroes as were then in the nation; that they were to pay for none who had removed or died; that they all so understood that treaty, and that nothing was then said about any other claims than for negroes; that the prisoners, both black and white, were delivered up under the treaty of New York; that the claims now presented were also presented at the treaty of Colerain, in 1796, but the Creeks then absolutely refused to acknowledge any further obligation than that contained in the treaty of New York, and by that they were under obligation to surrender no property except persons held as prisoners, and negroes then in the nation. That many of these negroes were carried away by the British, during the war of 1812; that others were in the fort at Appalachicola, when he and his warriors went with Colonel Clinch and blew it up, and killed nearly all who were in it; and the others were with the Seminoles, and not with the Creeks.
To this answer the commissioners of Georgia replied, that by the treaties of Augusta, and Galphinton, and Shoulderbone, the Creeks were bound to deliver all negroes who had left their masters in Georgia; that, if they had done so, the British would not have carried them off, nor would they have been killed in the fort; that the Seminoles were a part of the Creek nation, who were responsible, not only for the slaves and their increase, but also for the loss of the labor which they would have performed had they remained in bondage.
Of the means used to obtain the treaty, we have no other information than appears of record. Those acquainted with the usual modes of negotiating Indian treaties, by the use of intoxicating liquors, by bribery, and those appliances generally used on such occasions, will not wonder at the stipulations contained in the Treaty of “Indian Spring.”
By the first article, the Creeks ceded to the United States, for the benefit of Georgia, about five million acres of their most valuable territory. The second article provided for the reservation of certain lands, to be retained by those who were then living upon them. The third reserved certain lands for the use of the United States agency; and the fourth is in the following words:
“It is hereby stipulated and agreed, on the part of the United States, as a consideration for the land ceded by the Creek nation, by the first article, that there shall be paid to the Creek nation, by the United States, ten thousand dollars in hand, the receipt whereof is hereby acknowledged, forty thousand dollars as soon as practicable after the ratification of this convention, five thousand dollars annually for two years thereafter, sixteen thousand dollars annually for five years thereafter, and ten thousand dollars annually for six years thereafter; making in the whole fourteen payments, in fourteen successive years, without interest, in money or goods, and implements of husbandry, at the option of the Creek Nation, seasonably signified, from time to time, through the agent of the United States residing with said nation, to the Department of War. And as a further consideration for said cession, the United States do hereby agree to pay to the State of Georgia, whatever balance may be found due by the Creek Nation to the citizens of said State, whenever the same shall be ascertained, in conformity with the reference made by the commissioners of Georgia and the chiefs, head-men and warriors of the Creek Nation, to be paid in five annual installments, without interest, provided the same shall not exceed the sum of two hundred and fifty thousand dollars; the commissioners of Georgia executing to the Creek Nation a full and final relinquishment of all the claims of the citizens of Georgia against the Creek Nation, for property taken or destroyed prior to the act of Congress, of one thousand eight hundred and two, regulating the intercourse with the Indian tribes.”
The fifth article merely provides for running the boundaries of the several reservations. It was duly signed and witnessed, and bears date on the eighth of January, 1821.
Deeming the treaty not sufficiently explicit in its terms, the commissioners on the part of Georgia, entered into a further agreement with the Indians, which reads as follows:
“Whereas at a conference, opened and held at the Indian Spring, in the Creek Nation, the citizens of Georgia, by the aforesaid commissioners, have represented that they have claims to a large amount against the said Creek Nation of Indians: Now, in order to adjust and bring the same to a speedy and final settlement, it is hereby agreed by the aforesaid commissioners, and the chiefs, head-men and warriors of the said Nation, that all the talks had upon the subject of these claims, at this place, together with all claims on either side, of whatever nature or kind, prior to the act of Congress of one thousand eight hundred and two, regulating the intercourse with the Indian tribes, with the documents in support of them, shall be referred to the decision of the President of the United States, by him to be decided upon, adjusted, liquidated and settled, in such manner and under such rules, regulations and restrictions as he shall prescribe: Provided, however, if it should meet the views of the President of the United States, it is the wish of the contracting parties, that the liquidation and settlement of the aforesaid claims shall be made in the State of Georgia, at such place as he may deem most convenient for the parties interested; and the decision and award thus made and rendered, shall be binding and obligatory upon the contracting parties.”
There was also an assignment of the title, or right of property claimed, executed to the United States by the Commissioners of Georgia, which is in the following language:
“Whereas a treaty, or convention, has this day been made and entered into, by and between the United States and the Creek Nation, by the provisions of which the United States have agreed to pay, and the commissioners of the State of Georgia have agreed to accept, for and on behalf of the citizens of the State of Georgia having claims against the Creek Nation, prior to the year one thousand eight hundred and two, the sum of two hundred and fifty thousand dollars:
“Now know all men by these presents, that we, the undersigned, commissioners of the State of Georgia, for and in consideration of the aforesaid sum of two hundred and fifty thousand dollars, secured by the said treaty, or convention, to be paid to the State of Georgia, for the discharge of all bona fide and liquidated claims which the citizens of the said State may establish against the Creek Nation, do, by these presents, release, exonerate and discharge the said Creek Nation from all and every claim and claims, of whatever description, nature or kind the same may be, which the citizens of Georgia now have, or may have had, prior to the year one thousand eight hundred and two, against the said Nation. And we do hereby assign, transfer and set over unto the United States, for the use and benefit of the said Creek Nation, for the consideration hereinbefore expressed, all the right, title and interest of the citizens of the said State to all claims, debts, damages, and property of every description and denomination, which the citizens of the said State have or had, prior to the year one thousand eight hundred and two, as aforesaid, against the said Creek Nation.”
It were useless for the historian to criticise the language of these several instruments. The “claims” mentioned in them, and referred to the President, were mostly for slaves who left their masters during the Revolution, and prior to 1802; at least such was the construction given to the treaty, the agreement and assignment by the parties; and we cannot, at this day, assert that they did not understand their own compacts.
The Creeks were to receive two hundred thousand dollars in cash; and the United States agreed to pay to Georgia her claims, provided they did not exceed two hundred and fifty thousand dollars. The amount due to Georgia was to be ascertained by the President, and paid by the United States. The third, and a very important point was the assignment to the United States, for the benefit of the Creek Indians, of the interest vested in the claimants to the property and persons claimed—the United States to hold such interest in trust for the Creek Indians.
By this arrangement, our Government became owners of the Exiles referred to, in trust for the benefit of the Creeks, according to the construction which the Indians, the authorities of the United States and those of Georgia, placed upon the assignment, the agreement and treaty. This important point, if borne in mind, will aid the reader in understanding the subsequent action of the Federal authorities in relation to this subject.
In pursuance of this treaty, the President promptly appointed a commissioner to ascertain the amounts due the several claimants. But great difficulties had to be encountered. The claims commenced in 1775 and extended down to 1802, and it was extremely difficult to obtain evidence of facts which transpired so long prior to the examination. Sufficient proof was produced, however, to satisfy the commissioner that ninety-two slaves had, within the periods mentioned, left their masters, in Georgia, and fled to the Indians; and the estimated value of slaves and other property lost to the owners in this manner, amounted to one hundred and nine thousand dollars.[54]
This amount of money was duly appropriated by Congress. So far as we are informed, no member of the House of Representatives, or of the Senate, appears to have entertained doubts as to the propriety of this governmental slave-dealing. The whole negotiation and arrangement had been conducted and managed by Southern men, and Northern statesmen quietly submitted. Thus, after a struggle of thirty-eight years, the Slaveholders of Georgia, by the aid of our Federal Government, obtained compensation for the loss of their fugitive bondmen.
After the distribution of the amount found due to the claimants, there yet remained in the hands of the President one hundred and forty-one thousand dollars, being the remainder of the two hundred and fifty thousand appropriated by the treaty to secure the payment of these claims. This money apparently belonged to the Indians. The claimants for slaves could not have any title to it, for they had expressly stipulated, that the award of the commissioner should be conclusive upon the parties. The claimants, by that award, received full compensation for their loss; yet they next demanded of the President the hundred and forty-one thousand dollars which remained in his hands. Notwithstanding the commissioners on the part of Georgia expressly agreed to abide by the award, and had assigned all interest in the property and in the persons residing with the Indians, to the United States, and had received their money in full, under the treaty; yet they desired to get the remainder, which was considerably larger than the amount awarded them by the commissioner.
Indians and Exiles on the Appalachicola River—Other Exiles at Withlaeoochee, St. John’s, Cyprus Swamp, Waboo Swamp—Indians in various parts of Territory—Difficulty of the subject—President’s Message—Committee of Congress—Interrogations—Mr. Penieres’ Answer—General Jackson’s Answer—He relies on Force—United States recognize the Florida Indians as an Independent Band—Willing to treat with them—Difficulties—Instructions to Commissioners—Treaty of Camp Moultrie—Reservations—Covenants on part of United States—Covenants on part of the Seminoles—Congress makes no objection—Effect of Treaty—Its Objects—Election of the younger Adams—His Policy—Indian Agent, Colonel Humphreys—William P. Duval’s Instructions—Claimants complain of the Agent—Commissioner of Indian Affairs reproves him—His Letter—Reply—Difficulty of Agent—Dangers which threaten the Exiles—Colored Man seized and enslaved—Indians Protest—Colonel Brooke’s Advice—United States Judge expresses his Opinion—Effect on Exiles—Mrs. Cook’s Slave—Demand for Negroes—Suggestions of Agent—Practice of Government—Treaty of Payne’s Landing—Its Stipulations—Abram—His Character—Chiefs become Suspicious—Delegations sent West—Executive Designs—Supplemental Treaty—Major Phagan—Petition of the People of Florida—Indorsement thereon—Treaties approved by Senate—Creeks remonstrate—Payment of $141,000 to Slave Claimants—Supineness of Northern Statesmen—Creeks demand Exiles or Slaves—Georgians kidnap Exiles—Their Danger—They dissuade from Emigration—Their Warriors—Wiley Thompson’s Statement—General Clinch’s Interest—Colonel Eaton’s Views—General Cass’s Reply—His Address to Indians—He authorizes Slave trade—Effects of such License—Agent and others Remonstrate—He replies—Agent rejoins—Exiles prepare for War.
After the close of the war of 1818, many of the Seminole Indians took possession of the deserted plantations and villages along the Appalachicola River, whose owners had fallen in the massacre of Blount’s Fort, in 1816; and some of the Exiles united in reoccupying the lands which had been reduced to cultivation by their murdered brethren. Some six or eight small bands of Indians thus became resident along that river. The fertile bottom lands, near that stream, constituted the most valuable portion of Florida, so far as agriculture was concerned. These towns afforded convenient resting places for fugitive slaves, while fleeing from their masters in Georgia, Alabama, Tennessee and Louisiana, to the interior portions of Florida.
The United States, nor the slaveholders of the States named, could with any propriety whatever hold the Creek Indians responsible for the many refugees, who were now almost daily increasing the number of fugitives located far in the interior of Florida; and the difficulties attending the holding of slaves increased in exact proportion as the slaveholding settlements extended towards these locations; while the greater portion of the Exiles were taking up their residence farther in the interior of the territory, upon the Withlacoochee, the St. John’s, the Big Cypress Swamp, the Islands in the Great Wahoo Swamp, and places far retired from civilization. The Seminole Indians were scattered extensively over different portions of the country; and although the United States now owned the unoccupied lands, it was difficult to determine upon any course of policy by which the difficulties, so long existing, could be terminated.