CHAPTER XXIII.

THE REUNION AND FINAL EXODUS.

Difficulties in effecting a reunion of Tribes--Its objects--Exiles

and Seminoles move on to Creek Lands--They settle in separate

Villages--Creeks demand Exiles as Slaves--Exiles arm

themselves--They flee to Fort Gibson--Demand protection of the

United States--General Arbuckle protects them--Reports facts to

Department--Administration embarrassed--Call on General Jessup for

facts--He writes General Arbuckle--Reports facts to the

President--President hesitates--Refers question to Attorney

General--Extraordinary opinion of that Officer--Manner in which Mr.

Mason was placed in office--Exiles return to their

Village--Slaveholders dissatisfied--Slave-dealer among the

Creeks--His offer--They capture near one hundred Exiles--They are

delivered to the Slave-dealer--Habeas Corpus in Arkansas--Decision

of Judge--Exiles hurried to New Orleans and sold as Slaves--Events

of 1850--Exiles depart for Mexico--Are pursued by

Creeks--Battle--The Exiles continue their journey--They settle near

Santa Rosa--The fate which different portions of the Exiles

met--Incidents which occurred after their settlement in

Mexico--Conclusion.

[Sidenote: 1846.]

The Creeks and Seminoles had been separated for nearly a century. They

had most of that time lived under separate governments. Each Tribe had

been controlled by their own laws; and each had been independent of the

other. They had often been at war with each other; and the most deadly

feuds had been engendered and still subsisted among them. To unite them

with the Creeks, and blot the name of "Seminole" from the page of their

future history, in order to involve the Exiles in slavery, had long been

a cherished object with the administration of our Government. It was now

fondly hoped, that that object would be accomplished without further

difficulty.

But at no period had the Seminole Indians regarded the Exiles with

greater favor than they did when removing on to the territory assigned

to the Creeks. Although many of them had intermarried with the

Seminoles, and half-breeds were now common among the Indians; yet most

of the descendants of the pioneers who fled from South Carolina and

Georgia maintained their identity of character, living by themselves,

and maintaining the purity of the African race. They yet cherished this

love of their own kindred and color; and when they removed on to the

Creek lands, they settled in separate villages: and the Seminole Indians

appeared generally to coincide with the Exiles in the propriety of each

maintaining their distinctive character.

During the summer and autumn both Indians and Exiles became residents

within Creek jurisdiction; and the Executive seemed to regard the trust

held under the assignment made at Indian Spring, twenty-four years

previously, as now fulfilled. Regarding the Creeks as holding the

equitable or beneficial interest in the bodies of the Exiles, under the

assignment from their owners to the United States, and they being now

brought under Creek jurisdiction, subject to Creek laws, the Executive

felt that his obligations were discharged, and the whole matter left

with the Creeks.

This opinion appears also to have been entertained by the Creek Indians;

for no sooner had the Exiles and Seminoles located themselves within

Creek jurisdiction, than the Exiles were claimed as the legitimate

slaves of the Creeks. To these demands the Exiles and Seminoles replied,

that the President, under the treaty of 1845, was bound to hear and

determine all questions arising between them. The demands were,

therefore, certified to the proper department for decision. But this

setting in judgment upon the heaven-endowed right of man to his liberty,

seemed to involve more personal and moral responsibility than was

desirable for the Executive to assume, and the claims remained

undecided.

The Creeks became impatient at delay; they were a slaveholding people,

as well as their more civilized but more infidel brethren, of the slave

States. The Exiles, living in their own villages in the enjoyment of

perfect freedom, had already excited discontent among the slaves of the

Creek and Choctaw Tribes, and those of Arkansas. The Creeks appeared to

feel that it had been far better for them to have kept the Exiles in

Florida, than to bring them to the Western Country to live in freedom.

Yet their claims under the treaty of 1845, thus far, appeared to have

been disregarded by the President; they had been unable to obtain a

decision on them; and they now threatened violence for the purpose of

enslaving the Exiles, unless their demands were peacefully conceded.

The Exiles, yet confident that the Government would fulfill its

stipulations to protect them and their property, repaired in a body to

Fort Gibson, and demanded protection of General Arbuckle, the officer in

command. He had no doubt of the obligation of the United States to lend

them protection, according to the express language of the articles of

capitulation entered into with General Jessup, in March, 1837. He,

therefore, directed the whole body of Exiles to encamp and remain upon

the lands reserved by the United States, near the fort, and under their

exclusive jurisdiction, assuring them that no Creek would dare set foot

upon that reservation with intentions of violence towards any person.

Accordingly the Exiles, who yet remained free, now encamped around Fort

Gibson, and were supported by rations dealt out from the public stores.

Soon as he could ascertain all the facts, General Arbuckle made report

to the War Department relative to their situation, and the claims which

they made to protection under the articles of capitulation, together

with the rights which the Creeks set up to reënslave them.

This state of circumstances appears to have been unexpected by the

Executive. Indeed, he appears from the commencement to have under-rated

the difficulties which beset the enslavement of a people who were

determined upon the enjoyment of freedom; he seems to have expected the

negroes, when once placed within Creek jurisdiction, would have yielded

without further effort. But he was now placed in a position which

constrained him either to repudiate the pledged faith of the nation, or

to protect the Exiles in their _persons and property_, according to the

solemn covenants which General Jessup had entered into with them.

Yet the President was disposed to make farther efforts to avoid the

responsibility of deciding the question before him. General Jessup had

entered into the articles of capitulation, and the President appeared to

think he was competent to give construction to them; he therefore

referred the subject to that officer, stating the circumstances, and

demanding of him the substance of _his undertaking_ in regard to the

articles of capitulation with the Exiles.

General Jessup appears to have now felt a desire to do justice to that

friendless and persecuted people. Without waiting to answer the

President, he at once wrote General Arbuckle, saying, "The case of the

Seminole negroes is now before the President. By my proclamation and the

convention made with them, when they separated from the Indians and

surrendered, _they are free_. The question is, whether they shall be

separated from the Seminoles and removed to another country; or be

allowed to occupy, as they did in Florida, separate villages in the

Seminole Country, west of Arkansas? The latter is what _I promised

them_. I hope, General, you will prevent any interference with them at

Fort Gibson, until the President determines whether they shall remain in

the Seminole Country, or be allowed to remove to some other."

General Arbuckle, faithful to the honor of his Government, continued to

protect the Exiles. He fed them from the public stores, not doubting

that the Executive would redeem the pledge of the nation given by

General Jessup, its authorized agent. But the President (Mr. Polk)

himself a slaveholder, with his prejudices and sympathies in favor of

the institution, did not understand the articles of capitulation

according to the construction put upon them by General Jessup; he

appears, therefore, to have called on the General for a more explicit

report of facts. In reply to this call, he reported, saying, "At a

meeting with the three Indian chiefs, and the negro chiefs, Auguste and

Carollo, I stipulated to recommend to the President to grant the Indians

a small tract of country in the south-eastern part of the Peninsula; but

it was distinctly understood that the negroes were to be separated from

them at once, and sent West, whether the Indians were permitted to

remain in Florida or not. With the negroes, it was stipulated that they

should be sent West, as a part of the Seminole nation, and be _settled

in a separate village, under the_ PROTECTION OF THE UNITED STATES." In

another letter, addressed to the Secretary of War, he says: "A very

_small portion_ of the Seminole negroes who went to the West, were

brought in and surrendered by their owners, under the capitulation of

Fort Dade. Over these negroes the Indians have all the rights of

masters; but all the other negroes, making more than _nine-tenths of the

whole number_, either separated from the Indians and surrendered to me,

or were captured by the troops under my command. I, as commander of the

army, and in the capacity of representative of my country, _solemnly

pledged the national faith that they should not be separated, nor any of

them sold to white men or others_, but be allowed to settle and remain

in separate villages, UNDER THE PROTECTION OF THE UNITED STATES."

But even with these explicit statements before him, the President

appears to have been unable to form an opinion; and he referred the

matter to the Attorney General, Hon. John Y. Mason, of Virginia, who had

been bred a slaveholder, and fully sympathized with the slave power. He,

having examined the whole subject, delivered a very elaborate opinion,

embracing seven documentary pages;[132] but concluding with the opinion,

that although the Exiles were entitled to their freedom, the Executive

_could not interfere in any manner to protect them_, as stipulated by

General Jessup, but must leave them to retire to their Towns in the

Indian Territory, where _they had a right to remain_.

[Sidenote: 1848.]

We should be unfaithful to our pledged purpose, were we to omit certain

important facts connected with this opinion of the Attorney General.

Nathan Clifford, of Maine, was appointed Attorney General of the United

States in 1846, soon after the report of General Arbuckle concerning the

situation of the Exiles reached Washington. The subject was before the

President more than two years. This delay we cannot account for, unless

it were to save Mr. Clifford (being a Northern man) from the

responsibility of deciding this question, involving important interests

of the slaveholding portion of our Union. In 1848 Mr. Clifford was

appointed Minister to Mexico, and Hon. Isaac Toucey, of Connecticut, was

appointed Attorney General. But he, too, was from a free State, and it

would throw upon him great responsibility were he constrained to act

upon this subject. Were he to decide in favor of the Exiles, it might

ruin his popularity at the South; and if against them, it would have an

equally fatal effect at the North.

Under these circumstances, recourse was had to an expedient. Before Mr.

Toucey entered upon the discharge of his official duties, Mr. Mason,

himself a slaveholder, was appointed to discharge the duties _ad

interim_. He entered the office, wrote out the opinion referred to, and

then resigned the office and emoluments to Mr. Toucey; having decided no

other question, nor discharged any other duty, than this exercise of

official influence for the enslavement of the Exiles.

The President affirmed the principles decided by the Attorney General,

and the Exiles were informed that they _had the right to remain in their

villages, free from all interference, or interruption from the Creeks_.

They had no other lands, no other country, no other homes. Many of their

families were connected by marriage with the Seminoles. They and the

Seminole Indians had, through several generations, been acquainted with

each other; they had stood beside each other on many a battle field.

Seminoles and Exiles had fallen beside each other, and were buried in

the same grave; they had often sat in council together, and the Exiles

were unwilling to separate from their friends. Wild Cat and Abraham and

Louis, and many leading men and warriors of the Exiles and Seminoles,

having deliberated upon the subject, united in the opinion, that the

Exiles should return to their villages and reside upon the lands to

which they were entitled.

In accordance with this decision, they returned to their new homes,

resumed their habits of agriculture, and for a time all was quiet and

peaceful; but their example was soon felt among the slaves of Arkansas,

and of the surrounding Indian tribes. Nor is it to be supposed that the

holders of slaves in any State of the Union, would be willing to admit

that so large a body of servants could, by any effort, separate from

their masters, for a century and a half maintain their liberty, and

after so much effort to reënslave them, be permitted to enjoy liberty in

peace.

Hundreds of them had been seized in Florida and enslaved. The laws of

slave States presumed every black person to be a slave; and it was

evident, that if they could once be subjected to the will of some white

man, the laws of Arkansas would enable him to hold them in bondage.[133]

An individual, a slave-dealer, appeared among the Creeks and offered to

pay them one hundred dollars for each Exile they would seize and deliver

to him; he stipulating to take all risk of title.[134]

[Sidenote: 1849.]

This temptation was too great for the integrity of the Creeks, who were

smarting under their disappointment, and the defeat of their long

cherished schemes, of reënslaving the Exiles. Some two hundred Creek

warriors collected together, armed themselves, and, making a sudden

descent upon the Exiles, seized such as they could lay their hands upon.

The men and most of the women and children fled; but those who had arms

collected, and presenting themselves between their brethren and the

Creeks who were pursuing them, prepared to defend themselves and

friends.[135] The Creeks, unwilling to encounter the danger which

threatened them, ceased from further pursuit, but, turning back, dragged

their frightened victims, who had been already captured, to the Creek

villages, and delivered them over to the slave-dealer, who paid them the

stipulated price.

[Sidenote: 1850.]

The Seminole Agent, learning the outrage, at once repaired to the

nearest Judge in Arkansas, and obtained a writ of habeas corpus. The

Exiles were brought before him in obedience to the command of the writ,

and a hearing was had. The Agent showed the action of General Jessup;

the sanction of the capitulation of March, 1837, by the Executive; the

opinion of the Attorney General, and action of the President, deciding

the Exiles to be free, and in all respects entitled to their liberty.

But the Judge decided that the Creeks had obtained title by virtue of

their contract with General Jessup; that neither General Jessup, nor the

President, had power to emancipate the Exiles, even in time of war; that

the Attorney General had misunderstood the law; that the title of the

Creek Indians was legal and perfect; and they, having sold them to the

claimant, his title must be good and perfect.[136]

No sooner was the decision announced, than the manacled victims were

hurried from their friends and the scenes of such transcendent crimes

and guilt. They were placed on board a steamboat, and carried to New

Orleans. There they were sold to different purchasers, taken to

different estates, and mingling with the tide of human victims who are

septennially murdered upon the cotton and sugar plantations of that

State, they now rest in their quiet graves, or perhaps have shared the

more unhappy fate of living and suffering tortures incomparably worse

than death.

The year 1850 was distinguished by a succession of triumphs on the part

of the slave power. While the President and his Cabinet, and members of

the Senate and of the House of Representatives, were seeking the passage

of the Fugitive Slave Law; while slaveholders and their northern allies

appeared to be aroused in favor of oppression within the States of our

Union, their savage coadjutors of the Indian territory were equally

active.

There yet remained some hundreds of Exiles in that far-distant territory

unsubdued, and enjoying liberty. They had witnessed the duplicity, the

treachery of our Government often repeated, toward themselves and their

friends--they had, most of them, been born in freedom--they had grown to

manhood, had become aged amidst persecutions, dangers and death--they

had experienced the constant and repeated violations of our national

faith: its perfidy was no longer disguised; if they remained, death or

slavery would constitute their only alternative. One, and only one, mode

of avoiding such a fate remained--that was, to leave the territory, the

jurisdiction of the United States, and flee beyond its power and

influence.

Mexico was _free_! No slave clanked his chains under its government.

Could they reach the Rio Grande? Could they place themselves safely on

Mexican soil, they might hope yet to be free. A Council was held. Some

were connected with Seminoles of influence. Those who were intimately

connected with Indian families of influence, and most of the

half-breeds, feeling they could safely remain in the Indian territory,

preferred to stay with their friends and companions. Of the precise

number who thus continued in the Indian Country, we have no certain

information;[137] but some three hundred are supposed to have determined

on going to Mexico, and perhaps from one to two hundred concluded to

remain with their connexions in the Indian Country.

Abraham had reached a mature age; had great experience, and retained

influence with his people. Louis Pacheco, of whom we spoke in a former

chapter, with his learning, his shrewdness and tact, was still with

them, and so were many able and experienced warriors. Wild Cat, the most

active and energetic chief of the Seminole Tribe, declared his

unalterable purpose to accompany the Exiles; to assist them in their

journey, and defend them, if assailed. Other Seminoles volunteered to go

with them. Their arrangements were speedily made. Such property as they

had was collected together, and packed for transportation. They owned a

few Western ponies. Their blankets, which constituted their beds, and

some few cooking utensils and agricultural implements, were placed upon

their ponies, or carried by the females and children; while the

warriors, carrying only their weapons and ammunition, marched,

unencumbered even by any unnecessary article of clothing, prepared for

battle at every step of their journey.

After the sun had gone down (Sept. 10), their spies and patrols, who had

been sent out for that purpose, returned, and reported that all was

quiet; that no slave-hunters were to be seen. As the darkness of night

was closing around them, they commenced their journey westwardly. Amid

the gloom of the evening, silent and sad they took leave of their

western homes, and fled from the jurisdiction of a people who had

centuries previously kidnapped their ancestors in their native homes,

brought them to this country, enslaved them, and during many generations

had persecuted them. Many of their friends and relatives had been

murdered for their love of liberty by our Government; others had been

doomed to suffer and languish in slavery--a fate far more dreaded than

death. At the period of this exodus, their number was probably less than

at the close of the Revolution.

When the slaveholding Creeks learned that the Exiles had left, they

collected together and sent a war party in pursuit, for the purpose of

capturing as many as they could, in order to sell them to the

slave-dealers from Louisiana and Arkansas, who were then present among

the Creeks, encouraging them to make another piratical descent upon the

Exiles for the capture of slaves.

This war party came up with the emigrants on the third day after leaving

their homes. But Wild Cat and Abraham, and their experienced warriors,

were not to be surprised. They were prepared and ready for the conflict.

With them it was death or victory. They boldly faced their foes. Their

wives and children were looking on with emotions not to be described.

With the coolness of desperation, they firmly resolved on dying, or on

driving back the slave-catching Creeks from the field of conflict. Their

nerves were steady, and their aim fatal. Their enemies soon learned the

danger and folly of attempting to capture armed men who were fighting

for freedom. They fled, leaving their dead upon the field; which is

always regarded by savages as dishonorable defeat.[138]

The Exiles resumed their journey, still maintaining their warlike

arrangement. Directing their course south-westerly, they crossed the Rio

Grande, and continuing nearly in the same direction, they proceeded into

Mexico, until they reached the vicinity of the ancient but now deserted

town of Santa Rosa.[139] In that beautiful climate, they found a rich,

productive soil. Here they halted, examined the country, and finally

determined to locate their new homes in this most romantic portion of

Mexico. Here they erected their cabins, planted their gardens, commenced

plantations, and resumed their former habits of agricultural life. There

they yet remain. Forcibly torn from their native land, oppressed,

wronged, and degraded, they became voluntary Exiles from South Carolina

and Georgia. More recently exiled from Florida and from the territory of

the United States--they are yet _free_! After the struggles and

persecutions of a hundred and fifty years, they repose in comparative

quiet under a government which repudiates slavery. To the pen of some

future historian we consign their subsequent history.

Before taking leave of the reader, we would call his attention to a

review of the fate which attended different portions of the Exiles, and

to a few further incidents, for some of which we have only newspaper

authority; but from all the circumstances we have no doubt they actually

transpired.

Of the Exiles and their descendants, twelve were delivered up at the

treaty of Colerain in 1796, and consigned to slavery; two hundred and

seventy were massacred at Blount's Fort in 1816; thirty were taken

prisoners--these all died of wounds or were enslaved. At the different

battles in the first Seminole War in 1818, it is believed that at least

four hundred were slain, including those who fell at Blount's Fort.

In the Second Seminole War, probably seventy-five were slain in battle,

and five hundred were enslaved; and at least seventy-five were seized by

the Creek Indians, in 1850, and enslaved. Probably a hundred and fifty

connected with the Seminoles now reside in the Western Country, and will

soon become amalgamated with the Indians; while three hundred have found

their way to Mexico, and are free.[140] Making, in all, thirteen

hundred and fifty souls; being some hundreds less than was reported by

the Officers of Government, in 1836. This discrepancy is accounted for

by the fact, that the Exiles captured by individual enterprise, and by

the Georgia and Florida militia, were never officially reported to the

War Department, and we have no reliable data on which we can fix an

estimate of the number thus piratically enslaved. There are also a few

yet in Florida, not included in the above estimate.

[Sidenote: 1852.]

As to their present situation, we can give the reader but little further

information. In the summer of 1852, Wild Cat suddenly appeared among his

friends, the Seminoles, who yet remained in the Indian Country. His

appearance excited surprise among the Creeks. They at that time

maintained a guard, composed of mounted men: these were at once put in

motion for the purpose of arresting this extraordinary chieftain. But

while they were engaged in looking for him, he and a company of

Seminoles, attended by a number of Exiles and black persons, previously

held in bondage by the Creeks, were rapidly wending their way towards

their new settlement.[141]

This visit of Wild Cat to the Western Country occasioned much excitement

in that region, as well as astonishment at Washington, and constituted

the occasion of a protracted correspondence between the War Department

and our Military Officers and Indian Agents of that country. Wild Cat

was denounced as a "pirate"--"_robber_"--"OUTLAW;" and nearly all the

opprobrious epithets known to our language were heaped upon him, for

thus aiding his fellow men to regain those rights to life and liberty

with which the God of Nature had originally endowed them.

During the year 1852, while our commissioners, appointed to establish

the boundary between the United States and Mexico, were engaged in the

discharge of their official duties, a small party of armed men was in

attendance for their protection. Some eight of these were said to have

been engaged in patroling the country, when they fell in with Wild Cat

and a portion of this band of Exiles, who were at all times prepared for

friends or foes. The whites were made prisoners without bloodshed, and

taken to their village. A council was called. Abraham was yet living,

and the white men declared that he was regarded as a ruling prince by

his people. They were evidently suspicious of the intentions of our men;

but upon inquiry and consideration, they became satisfied that no

hostile intentions had brought our friends to that country; they were

accordingly treated with becoming hospitality, and dismissed. These

brief statements appeared in some of the newspapers of that day, which

constitutes our only authority for stating them.

[Sidenote: 1853.]

Complaints were subsequently made through the Texan newspapers, that

slaves escaped from that region of country and found an asylum in

Mexico, on the other side of the Rio Grande; and intimations were thrown

out that a party of volunteers, without authority from the United

States, were about to visit the settlement, which thus encouraged slaves

to seek their freedom. The suggestion was so much in character with the

slaveholders of Texas, that it excited attention among those who were

aware of the settlement of Exiles in the region indicated. It was

believed that those men who were about to visit Wild Cat and Abraham and

Louis and their companions, for the purpose of seizing and enslaving

men, would find an entertainment for which they were not prepared.

Some few months subsequently, a brief reference was made in the

newspapers of Texas to this expedition, giving their readers to

understand that it had failed of accomplishing the object intended, and

had returned with its numbers _somewhat diminished_ by their conflict

with the blacks.

As was naturally expected, after the lapse of some six months, great

complaint was heard through the public press of Indian depredations

upon the frontier of Texas. Plantations were said to be destroyed;

buildings burned; people murdered, and slaves carried away. This foray

was said to have been made by Camanche Indians, led on by Wild Cat. He

appears yet ready to make war upon all who fight for slavery; and many

of the scenes which were enacted in Florida, will most likely be again

presented on our south-western frontier, where the same causes exist

which formerly existed in Florida, and the same effects will be likely

to follow.

Typographical errors corrected by the etext transcriber:

General Call at Talahasse=> General Call at Tallahasse {pg 125}

visited Fort Mellen=> visited Fort Mellon {pg 141}

Any inteference with the negroes=> Any interference with the negroes {pg

147}

Members of familes=> Members of families {pg 174}

prefering to have them=> preferring to have them {pg 195}

arrrangements were privately making=> arrangements were privately making

{pg 237}

Acting Commmissioner=> Acting Commissioner {pg 241}

to those gentleman to enable them=> to those gentlemen to enable them

{pg 241}

he was in Forida at the time=> he was in Florida at the time {pg 245}

all prisoner captured in war=> all prisoners captured in war {pg 246}

This feelng was=> This feeling was {pg 252}

betrayed, treachererously=> betrayed, treacherously {pg 255}

This Message was=> This message was {pg 263}

that Territoy=> that Territory {pg 282}

outnumbered the asssailants=> outnumbered the assailants {pg 289}

disppointment and chagrin=> disappointment and chagrin {pg 289}

died of sicknes=> died of sickness {pg 303}

sense of gatitude=> sense of gratitude {pg 306}

were sacrified=> were sacrificed {pg 315}

Blount's Fourt=> Blount's Fort {pg 318}

* * * * *

FOOTNOTES:

[1] Vide Bancroft's and Hildreth's Histories of the United States.

[2] Vide both Histories above cited.

[3] Vide Schoolcraft's History of Indian Tribes.

[4] Vide American Archives, Vol. I. Fifth Series: 1852.

[5] This was the residence of George Galphin, an Indian trader, who, in

1773, aided in obtaining a treaty by which the Creek Indians ceded a

large tract of land to the British Government. Georgia succeeded the

British Government in its title to these lands, by the treaty of peace

in 1783. Some fifty years afterwards, the descendants of Galphin

petitioned the State of Georgia for compensation, on account of the

services rendered by Galphin in obtaining the treaty of 1773. But the

Legislature repudiated the claim. The heirs, or rather descendants of

Galphin, then applied to Congress, who never had either legal or

beneficial interest, in the lands obtained by the treaty. The

Representatives from Georgia and from the South generally supported the

claim. Northern men yielded their objections to this absurd demand, and

in 1848 a bill passed both Houses of Congress by which the descendants

of Galphin, and their attorneys and agents, obtained from our National

Treasury $243,871 86, and the term "Galphin" has since become synonymous

with "peculation" upon the public Treasury.

[6] Vide Report of Hugh Knox, Secretary of War, to the President, dated

July 6, 1789. American State Papers. Vol. V. page 15, where the Treaty

is recited in full.

[7] Vide papers accompanying the Report of the Secretary of War, above

referred to, marked A, and numbered 1, 2 and 3.

[8] Vide letter of James White to Major General Knox, of the 24th May,

1787. American State Papers, Vol II, Indian Affairs.

[9] American State Papers, Vol. V, page 25.

[10] Vide Documents accompanying the Treaty of New York; Am. State

Papers, Vol. I, Indian Affairs.

[11] The reader need not be informed, that these demands of indemnity

for slaves were promptly rejected by the English government; and Jay's

Treaty of 1794, surrendered them forever.

[12] Hildreth, in his History of the United States, speaks of in that

light.

[13] Vide Annals of Congress, Vol. I, pages 1068-70-74.

[14] Vide Correspondence on this subject between Seagrove and the War

Department. American State Papers, Vol. V, pages 304-5, 320, 336, 387,

and 392.

[15] American State Papers, "Indian Affairs." Vol. II, p. 306.

[16] Vide talk of principal Chief at Treaty of Colerain.

[17] Vide Annals of Congress of that date.

[18] Vide papers accompanying the Treaty of Colerain. American State

Papers, Vol. I, "Indian Affairs."

[19] Vide the papers accompanying this Treaty when submitted to the

Senate. They are collected in the second volume of American State

Papers, entitled "Indian Affairs." They will afford much interesting

matter as to the doctrines of "State Rights" and Nullification, which it

is unnecessary to embrace in this work.

[20] Vide Annals of IVth Congress, 2d Session

[21] The claims of these ancient Spanish inhabitants for indemnity

against these robberies, have been pressed upon the consideration of

Congress for the last twenty-five years, and were recently pending

before the Court of Claims. When the bill for their relief was under

discussion before the House of Representatives, In 1843, Hon. John

Quincy Adams presented a list of some ninety slaves, for the loss of

whom the owners claimed compensation from the United States. But the

discussions which arose on private bills were not at that time reported;

and neither this exhibit, nor the speech of Mr. Adams, are to be found

in the Congressional Debates of that day.

[22] Many slaves actually fled from their masters and found an asylum on

board British vessels. Some sixty, belonging to a planter named Forbes,

who resided in Georgia, left his plantation and took shelter on board

the ship commanded by Lord Cochrane. They were transported to Jamaica,

where they settled and lived as other free people. After the restoration

of peace, Forbes sued his Lordship, before the British courts, for

damages sustained by the loss of these slaves. The case elicited much

learning in regard to the law of Slavery and, next to that of Sommerset,

may be regarded as the most important on that subject ever litigated

before an English court.

[23] "Monette," In his "History of the Valley of the Mississippi," says

Woodbine erected this fort in the summer of 1816; and such were the

representations made before the Committee appointed in 1819, to

investigate the conduct of General Jackson, in taking possession of

Florida. But the reader will notice the Letter of General Gaines,

hereafter quoted, which bears date on the 14th May, 1815, and

_officially_ informed the Secretary of War that "_negroes and outlaws

have taken possession of a_ FORT ON THE APPALACHICOLA RIVER." This was

more than a year before the time of erecting the fort, according to

"Monette."

The parapet of the fort was said to be fifteen feet high and eighteen

thick, situated upon a gentle cliff, with a fine stream emptying into

the river near its base, and a swamp in the rear, which protected it

from the approach of artillery by land. On its walls were mounted one

thirty-two pounder, three twenty-four pounders, two nine pounders, two

six pounders, and one brass five and a half-inch howitzer. Vide Official

Report of Sailing-Master Loomis.

[24] This is the official account of Sailing-Master Loomis, who

commanded the naval expedition subsequently sent to reduce this

fortress.

"Monette," in his History of the Valley of the Mississippi, says, "_Near

the Fort the fields were fine_, and extended along the river nearly

_fifty miles_."

[25] The reader will at once see, that these people were as much under

the protection of Spain, as the fugitive slaves now in Canada are under

the protection of British laws. They were as clearly Spanish subjects as

the latter are British subjects. By the law of nations, Spain had the

same right to permit her black subjects to occupy "Blount's Fort," that

the Queen of England has to permit Fort Malden to be occupied by her

black subjects. The only distinction between the two cases is, Spain was

weak and unable to maintain her national honor, and national rights;

while England has the power to do both.

[26] Vide the voluminous Correspondence on this subject contained in Ex.

Doc. 119, 2d Session, XVth Congress.

[27] Perhaps no portion of our national history exhibits such disregard

of International law, as this unprovoked invasion of Florida. For thirty

years, the slaves of our Southern States have been in the habit of

fleeing to the British Provinces. Here they are admitted to all the

rights of citizenship, in the same manner as they were in Florida. They

vote and hold office under British laws; and when our Government

demanded that the English Ministry should disregard the rights of these

people and return them to slavery, the British Minister contemptuously

refused even to hold correspondence with our Secretary of State on a

subject so abhorrent to every principle of national law and

self-respect. Our Government coolly submitted to the scornful arrogance

of England; but did not hesitate to invade Florida with an armed force,

and to seize the faithful subjects of Spain, and enslave them.

[28] Hon. Duncan L. Clinch. He left the service in 1841, and was

subsequently a Member of Congress for several years, and died in 1852.

[29] War was thus waged against Spain, by Executive authority, without

consulting Congress; and no member of that body uttered a protest, or

denunciation of the act.

[30] In Ex. Doc. No. 119, 2d Session, XVth Congress, may be found the

official correspondence between the War Department and General Jackson;

also that between General Jackson and General Gaines, together with the

orders of each, as well as the correspondence between the Secretary of

the Navy and Commodore Patterson; and the order of the latter officer to

Sailing-Master Loomis; and the final report of Sailing-Master Loomis and

General Clinch. In none of these papers is there any act of hostility

mentioned or referred to as having been committed by the Exiles, or the

Seminole Indians, prior to their reaching the vicinity of the Fort.

[31] Hildreth states that _three_ gun-boats were detailed on that

occasion; but the report of Sailing-Master Loomis speaks only of _two_.

[32] Hildreth states the number to have been about three hundred, partly

Indians and partly negroes.

[33] Monette says this expedition was undertaken by Col. Clinch upon his

own responsibility, to enable some boats laden with provisions to pass

up the river. A strange misapprehension of facts, as shown by official

documents.

[34] At this conference, Sailing-Master Loomis informed Colonel Clinch

that, on the day previous, while a party of his men were on shore, they

were fired on by Indians and one man killed. This was the first and only

act of hostility against our troops. It was committed by _Indians_, not

by _Exiles_; but it was subsequently seized upon and published as a

justification for carrying out General Jackson's order, bearing date

more than two months prior to the occurrence, directing General Gaines

to destroy the fort and return the negroes to slavery.

[35] Monette says, "The scene in the fort was horrible beyond

description. _Nearly the whole of the inmates were involved in

indiscriminate destruction; not one-sixth of the whole escaped. The

cries of the wounded, the groans of the dying, with the shouts and yells

of the Indians, rendered the scene horrible beyond description._"

[36] Vide Official Report at Sailing-Master Loomis, Ex. Doc. 119: 2d

Sess. XVth Cong.

[37] Some years since, the author wrote a short sketch of the general

Massacre, but omitted this point as too revolting to the feelings of

humanity, and too disgraceful to the American arms, to be laid before

the popular mind in such an article; and he would most gladly have

omitted it in this work, could he have done so consistently with his

duty to the public.

[38] Monette says that three thousand stands of arms and six hundred

barrels of powder were destroyed by the explosion. This is probably

somewhat of an exaggeration. We have no fact to warrant the assertion,

that there was any addition made to the stores left by Col. Nichols,

when he delivered the fort to the Exiles. The same author states, that

one magazine, containing one hundred and sixty barrels of powder, was

left unharmed by the explosion; but no mention of such fact is found in

the Official Report, by Sailing-Master Loomis.

[39] Vide Documents before the Committee of Congress appointed to

investigate the cause of General Jackson's invasion of Florida: XVth

Congress, 2d Session.

[40] This bill was reported by Mr. Ingham of Connecticut, Chairman of

the Committee on Naval Affairs.

[41] Vide Statutes enacted at 2d Session, XXVIth Congress. The author

was then a member of the House of Representatives, but had not learned

to watch the movements of slaveholders and "their allies," so closely as

subsequent experience taught him would be useful.

[42] Vide Speeches of Hon. George Poindexter and others on the Seminole

War, in 1819.

[43] Hon. William Jay, of New York, published his Views of the action of

the Federal Government in 1887.

[44] Monette says Arbuthnot sent word to the Negroes and Indians,

notifying them of the approach of General Jackson; but the official

report of that Officer shows that his advance guard was daily engaged in

skirmishing with the Indians.

[45] Vide General Jackson's Official Report of this battle, Ex. Doc.

175, 2d Session XVth Congress.

[46] Williams, in his History of Florida, states that three hundred and

forty Negroes again rallied after the first retreat, and fought their

pursuers, until _eighty_ of their number, were killed on the field.

"Monetta" also states the same fact; but General Jackson, in all his

Reports, evidently avoided, as far as possible, any notice of the

Exiles, as a people. Indeed such was the policy of the Administration,

and of its officers, and of all slaveholders. They then supposed, as

they now do, that slavery must depend upon the supposed ignorance and

stupidity of the colored people; and scarcely an instance can be found,

where a slaveholder admits the slave to possess human intelligence or

human feeling; indeed, to teach a slave to read the Scriptures, is

regarded as an offense, in nearly every slave State, and punishable by

fine and imprisonment.

[47] Various names have been given this Fort. The author, having

heretofore adopted that of "Blount's Fort," prefers to continue that

name. It was equally known, however, as the "Negro Fort," and as "Fort

Nichols."

[48] The people of the free States should understand, that almost every

question touching slavery which has arisen between our Government and

that of England, the latter has yielded, since the formation of Jay's

Treaty in 1795.

The payment for slaves who were shipwrecked on board the Comet, the

Encomium, and the Enterprise, and found freedom by being landed on

British soil, constitute rare instances in which slaveholdlng arrogance

has proved successful in the arts of diplomacy. The case of the Creole

constitutes another admirable illustration of successful effrontery. In

this case, the slaves took possession of the ship, guided it to Nassau,

a British Island, went on shore and became free. The officers of the

slave ship demanded that the British authorities should seize the

negroes, and return them to the ship. They refused. Daniel Webster,

Secretary of State, became the voluntary Agent, Attorney and Solicitor,

for the slave dealers, who should have been hanged, instead of receiving

the encouragement of our Government. But the subject was submitted to

the umpirage of a man, said to have once lived in Boston, who,

principally upon the authority of Mr. Webster, decided that the people

of the British government should pay the slave dealers for these parents

and children; and after fifteen years of continued effort, the money was

obtained.

[49] Vide Letter from the Secretary of War to Messrs. Plckens and

Flournoy, August 8, 1820. Am. State Papers, Vol. VI, p. 249.

[50] Vide Letter of the Secretary of War to Gen. Flournoy, of the 19th

of October, 1820. Ibid, 250.

[51] Vide Papers transmitted to Congress, in connection with the Treaty

of "Indian Spring." Am. State Papers, "Indian Affairs," Vol. I, No. 174.

[52] Ibid.

[53] Ibid. Letter of Instructions contained in the papers referred to on

preceding page.

[54] Vide Report of Commissioner on this subject; also, the Report of

Wm. Wirt, Attorney General of the United States, to whom the President

referred the subject. "Opinions of the Attorney General," 1822. Mr. Wirt

states the price paid for those slaves was from two to three times their

real value.

[55] Vide Reports of Committee XVIIth Congress, 2d Session, No. 125.

[56] Vide Am. State Papers, Vol. VI, pages 411, 412. It will be observed

that General Jackson discarded the term "_maroon_," used by Penieres, as

that in Jamaica, signifies "_free negroes_ of the mountains," who once

fled from service, but have maintained their liberty so long that they

cannot be identified, and are therefore admitted to be free.

[57] It is an interesting fact, that the doctrine recently avowed by the

Supreme Court of the United States, that "_black men have no rights

which white men are bound to respect_," was recognized and practiced

upon in Florida, more than thirty years since, by the officers of

Government.

[58] Vide Executive Documents, No. 271, 2d Session XXVth Congress.

[59] Captain Sprague, of the United States Army, so states, in his

History of the War.

[60] Vide Letter of the Agent, dated sixth of March, 1827.

[61] Vide Minutes of Talk held at Seminole Agency, with Treskal, Mathla,

and other Chiefs. Ex. Doc. 271, 1st Sess. XXIVth Congress.

[62] Vide Letter of Col. Brooke to Col. Humphreys, 6 May, 1828,

contained in the above cited Document.

[63] Vide Letter of Judge Smith, May 10, 1828, contained in same

Document.

[64] Vide Statement of John Hick, 15 August, 1828. Ex. Doc. 271, before

quoted.

[65] Vide Letter of Gad Humphreys, Oct. 20, 1828. It probably was the

first time the proposition was submitted to the Seminoles.

[66] Even Mr. Adams, when President, continued in office those men who

had been placed there by his predecessors.

[67] Vide Sprague's History of the Florida War.

[68] Vide Documents relating to the Florida War, 1st Session, XXIVth

Congress.

[69] Vide Sprague's History of the Florida War.

[70] Vide Ex. Doc. 271, XXIVth Congress, 1st Session, pages 43 and 44.

[71] The Author, while serving in Congress in 1847-8 was, by the

Speaker, placed upon the committee of Indian Affairs. While serving on

that committee, the Creek Indians applied for the return of this money

which had belonged to them, but had been wrongfully paid over by

Congress to the slaveholders of Georgia, some fourteen years previously.

The case was referred to the Author, as sub-committee, who reported that

the money, in justice, in equity, and in law, belonged to the Indians;

that its payment to the slaveholders was unjust and wrong, and that it

ought to be paid to the Indians. The report was confirmed, and the money

paid to the Indians. The justice of the cause was so obvious that it met

with no opposition, and by the vote of both Houses it now stands

acknowledged and declared that this sum of $141,000 was taken from the

pockets of the laboring men of our Nation, and paid to those

slaveholders for _imaginary slave children who were never born_; nor

have we been able to learn that an objection was raised, or protest

uttered, by any Northern member of Congress.

[72] Vide Opinion of Judge Cameron, pages 35 and 36 of Doc. 271, last

quoted.

[73] NOTE.--When the author, in 1841, denounced this transaction, in the

House of Representatives, and spoke of these slave-catchers as

_Pirates_, Hon. Mark A. Cooper, of Georgia, became indignant at the

denunciation;--said he was well acquainted with the men who seized and

enslaved these people; that they were _honorable men_, and that he took

them by the hand almost daily while at home.

[74] The statement of these facts may be found in Ex. Document, 1st

Sess. XXIVth Congress.

[75] Vide Ex. Doc., 1st Sess. XXIVth Congress, page 14.

[76] Vide his letter at length in the Document last quoted.

[77] Vide Sprague's Florida War.

[78] Lieutenant Reynolds, while conducting the first party of emigrants

West, in 1841, found among the Exiles persons who possessed so much

Spanish blood, that he offered to leave them at New Orleans, and some of

them accepted the offer. He left them in that city, and they probably

now pass for Spaniards.

[79] Vide account of this transaction by H. M. Cohen, given in the

Quarterly Anti-Slavery Magazine, vol. II, page 419. Mr. Thompson, the

Agent, in his letter to the Commissioner of Indian Affairs, bearing date

soon after, says: "Powell used such language, that I was constrained to

order him into irons." Mr. Sprague, in his history of the Florida War,

reiterates the statement of Mr. Thompson. But neither Sprague, nor

Thompson, nor any other person who was present, it is believed, has ever

denied the relation which Mr. Cohen has given.

[80] Sprague's History of the Florida War.

[81] Vide Testimony accompanying Pacheco's Petition to Congress for

indemnity.

[82] Vide Statement of Tustenuggee, a Seminole Chief, who was present,

and whose account of this massacre is given in Sprague's History of the

Florida War.

[83] These Speeches may be found in the Congressional Globe, 2d Sess.

XXXth Congress.

[84] Sprague's History of the War.

[85] Osceola, though a fierce and gallant warrior, entertained high

notions of honor; and, although a savage, he was punctilious on those

points, and finally fell a victim to the treachery of those calling

themselves _civilized_ men.

[86] Francis P. Blair, who is yet living, (1868.)

[87] Vide Ex. Doc., 2d Sess. XXVth Congress, No. 78, pages 558-9.

[88] His vindication before the court was triumphant, and he was

honorably acquitted from all censure.

[89] Sprague, in his History of the Florida War, says there were _two

hundred negro warriors_ in this battle; that their women and children

were a short distance in their rear, mounted on their ponies, and ready

to flee, if their husbands, brothers and fathers had been compelled to

retreat.

[90] General Jessup was undoubtedly somewhat ignorant as to the history

of the Exiles. Speaking of Abraham, that officer says: "He is married to

the wife of the former chief of the Nation; is a good soldier, and an

_intrepid leader_. He _is the negro chief_, and the most cunning and

intelligent negro we have here; _he claims to be free_."

[91] General Jessup _subsequently_ reported his determination to

_separate the negroes, or Exiles, from the Indians_. He therefore

stipulated for _their safety_, and, at the same time, agreed that the

_slaves_ of the Indians should accompany their owners, and not be

separated from them. These facts will appear as we proceed in our

history.

[92] Vide these articles at length, Ex. Doc. 225, 3d Sess. XXVth

Congress.

[93] General Jessup at all times practiced upon this principle. When

"Louis," the guide who planned the defeat and massacre of Major Dade,

became a prisoner and Wild Cat claimed to have captured him, General

Jessup disregarded the claim of Pacheco, the owner, and sent the negro

West; and, in other instances, he kept those known to have been slaves

as guides, and, at a proper time, sent them to the Western Country, as

freemen. He even bribed negroes to act as guides to his army by

promising them liberty, and carried out such arrangement.

[94] Vide this Memorial at length, Ex. Doc. 225, 3d Sess. XXVth

Congress.

[95] All these communications may be found at length in the Fifth Vol.

Ex. Doc., 3d Session XXVth Congress. But these arrangements made with

the chiefs are supposed to have rested entirely in parole. No copy of

any such agreement has been found by the Author, who is fully of opinion

that it does not exist in any authentic form.

[96] Vide Ex. Doc. 225, 3d Sess. XXVth Congress.

[97] These Letters may be found in Ex. Doc. 225, 3d Sess. XXVth

Congress.

[98] This Correspondence may be found in the 8th vol. Ex. Doc., 2d Sess.

XXVth Cong., No. 285.

[99] Of this declaration he had subsequent cause to repent, and most

eloquently he expressed his mortification, in a letter to the Secretary

of War. Vide his Letter or Jan. 2, 1839, in the Document last quoted.

[100] These facts may all be found officially recorded in Ex. Doc. 78,

2d Sess. XXVth Congress, and Ex. Doc. 225, 3d Sess. XXVth Congress.

[101] The Interrogatories were embraced in a paper, of which the

following is a copy:

"MEMORANDA OF SPECIFIC QUESTIONS TO BE ADDRESSED TO OSCEOLA.

"Ascertain the object of the Indians in coming in at this time.

Also their expectations. _Are they prepared to deliver up the

negroes taken from the citizens, at once?_ Why have they not

surrendered them already, as promised by Co-Hadjo at Fort King?

Have the chiefs of the nation held a Council in relation to the

talk at Fort King? What chiefs attended that Council, and what was

their determination? Have the chiefs sent a messenger with the

decision of the Council? Have the principal chiefs Micanopy,

Jumper, Cloud and Alligator sent a messenger? and if so, what is

their message? Why have not those chiefs come themselves?

"(Signed) THOS. S. JESSUP, _Major General Commanding_.

"SAN AUGUSTINE, _August 21st, 1837_."

[102] From the first and second interrogatories, the reader will see

that General Jessup was fully conscious, that the attempt to deliver

over those negroes to slavery who were claimed by the citizens of

Florida, had been the sole cause for renewing the war. He dictated the

first and most important interrogatory propounded to Osceola--"_Are you

prepared at once to deliver up the negroes taken from the citizens?_"

But the second shows an important fact which had, so for as we have

information, been kept from the public: The words, "Why have they not

already surrendered them, as promised by _Co-Hadjo at Fort King_?" This

shows that the arrangement reported by him to have been made with the

chiefs, was made with Co-Hadjo only. It will be recollected, that after

the articles of capitulation, in March, when the people of Florida began

to demand their negroes, General Jessup said he would endeavor to make

an arrangement with the chiefs for delivering up those negroes who had

been _captured during the war_. After the protest of the people of

Florida had been addressed to the Secretary of War, against the peace,

unless they were to get their negroes, and the public meeting held at

San Augustine, which expressed the same views, he reported that _he had

made such arrangement with the chiefs_; but with how many, or with which

particular _chiefs_, was unknown until this interrogatory disclosed the

fact, that it was made with one obscure chief only. And whether he were

intoxicated, or sober, at the time he attempted to act without any

authority, to consign hundreds of his fellow-beings to slavery, without

their knowledge or consent, does not appear. But every reader at once

propounds the question, _What were the terms of that arrangement?_ If it

existed, it should have been reported verbatim to the War Department,

and made known to the public.

[103] Capt. Sprague, of the Regular service.

[104] This statement is taken entirely from the Letters of John Ross,

chief of the Cherokees, to the Secretary of War. In these letters, he

relates the whole transaction with great force and apparent candor, and,

in the name of the Cherokee Nation, boldly arraigns the War Department

for this treachery, practiced by a Christian nation towards a people

called heathens. These letters may be found at length in Ex. Doc. 327,

2d Sess. XXVth Cong., vol. 8.

[105] Vide letter of General Taylor to Commissioner of Indian Affairs,

Ex. Doc. 225, 3d Sess. XXVth Congress.

[106] Mr. Sprague says there were three hundred Indian and negro

warriors engaged in this battle, and that their loss was ten Indians and

one negro killed, and eleven wounded; showing a great disparity between

their loss and General Taylor's.

[107] In 1848, General Taylor was the Whig candidate for President of

the United States; and so little was the history of this war known to

our statesmen or politicians, that it is believed no newspaper, or stump

orator, or advocate of his election, ever related or referred to this

most gallant act of his life. He had himself, during the war, exhibited

no particular sympathy in the work of catching and enslaving negroes; on

the contrary, he had expressed his detestation of that policy. Of course

the slave power, not willing to make open war upon him, had permitted

his name to rest without connecting it with the performance of any

brilliant or humane acts. The casuist may say, that he ought not to have

served in such a war, and that no gallantry displayed in such a cause

ought to reflect credit upon any man. But General Taylor, like other

men, should be judged by the times, the customs, the morality of the age

in which he lived.

[108] Vide Ex. Doc., 2d Sess. XXVth Congress, No. 225.

[109] Vide General Jessup's letter to General Arbuckle, 8 Vol. Ex. Doc.,

2d Sess. XXVth Congress.

[110] Vide General Jessup's letter to Commissioner of Indian Affairs,

Ex. Doc. 225, above referred to.

[111] This is the view which General Jessup gives of the transaction,

Ex. Doc., 8th Vol., 3d Sess. XXVth Congress

[112] Vide Report of General Jessup to the Secretary of War, Ex. Doc.,

3d Sess. XXVth Congress.

[113] These facts may all be found in the 4th, 5th, 7th, 8th, 11th &

12th vols. of Ex. Doc., 2d Sess. XXVth Congress; the letters of Ross and

correspondence of General Jessup, and official reports, occupying

several hundred pages.

[114] Horace Everett, who was many years a Representative in Congress,

an ardent Whig, and constant opponent of Jackson and Van Buren. After

the report of the Secretary of War in answer to his resolution had been

received, Mr. Everett made a speech on the subject, exposing the manner

in which the war had been conducted, and intimated that it was more

immediately connected with the support of slavery than it ought to be.

But while he was careful to say nothing exceptionable to the slave

interest, he certainly entitled himself to the honor of being the first

member who assailed the war, and the first to hold the Administration

responsible for the manner in which it was prosecuted. The speech may be

found at length in the Appendix to the Congressional Globe of that

session.

[115] Vide Letter of Commissioner of Indian Affairs to Secretary of War,

9th May, 1838. Ex. Doc. 225, 2d Sess. XXVth Congress.

[116] Major Zantzinger, like many other officers, appears to have

thought that every negro must have a master, and he called these Exiles

the property of the Seminoles, although the Agent for that Tribe had

reported a few years previously, that the number of slaves owned by them

did not exceed _forty_.

[117] Vide Watson's Petition and proofs, in support of his claim,

presented to Congress--1st Sess. XXVIth Cong.--now on file in the office

of the Clerk of the House of Representatives.

[118] Vide Watson's Statement of facts in this case, on file with the

above papers.

[119] Several years after this transaction, the Author happened to meet

this war-worn veteran, and as the old hero recounted this incident of

his life with warm and glowing eloquence, his eye kindled, his

countenance lighted up with pleasure, and he spoke of it with more

apparent satisfaction than he ever referred to his most brilliant

military achievement.

[120] Vide Letter of Major Isaac Clark to Commissioner of Indian

Affairs, Sept. 18, 1838. Ex. Doc. 225, 3d Sess. XXVth Congress.

[121] Hon. Elisha Whittlesey, the predecessor of Mr. Giddings, long and

ably presided over the committee on Claims. He was a man of untiring

industry; and when he found it necessary to report on a slave case, in

1835, he wrote the Register of the Treasury, inquiring if slaves had

ever been paid for by the United States as property. The reply stated

they had not; and the committee reported adversely to the case, although

it was one of the strongest character possible. Francis Larche, living

near New Orleans, owned a horse, cart and slave. The day before the

battle below that city, in 1814, they were impressed into the service;

and while thus held by the United States authorities, on the day of the

battle, the horse and slave were killed by cannon shot, and Larche

petitioned Congress for compensation for the loss of his slave. Mr.

Whittlesey drew up an able report refusing such compensation.

At the commencement of the Twenty-seventh Congress, Mr. Giddings was

placed at the head of that committee; but, being obnoxious to the

advocates of slavery, he was removed from that position at the

commencement of the Twenty-eighth Congress; yet there seemed to be an

Impression that his successor should be taken from Ohio, and Hon. Joseph

Vance was made Chairman. He was a man at that time somewhat advanced in

life, and not accustomed to legal investigations. Cases which required

research, were usually consigned to some subordinate member of the

committee. It was while he was acting as Chairman, that this case of

Watson was first reported upon favorably by the committee on Claims,

although it had never before been regarded by that committee as entitled

to any encouragement.

[122] There is little doubt that the real number of Exiles was unknown

to General Jackson, or to General Cass, at the commencement of the war.

They appear to have regarded their number far less than it was

estimated, during the first Seminole War of 1818.

[123] Captain Sprague's History of the Florida War so represents the

subject.

[124] Not having the Statutes of Florida before us, we make this

statement on the authority of Captain Sprague.

[125] We have no copy of Mr. Wise's letter, and have never seen the

letter itself; but we state the fact that he wrote the Secretary of War

by authority of that officer, who says in the letter quoted, "I have the

honor to acknowledge the receipt of _your letter of the 27th inst._,

inquiring," _etc._

[126] The Author was at that time a member of the House of

Representatives. He had then no conception of the real objects of this

war: indeed, it had long been the practice for members to say nothing on

the subject of slavery; and it was equally the practice for newspapers

to print nothing on that delicate subject, as it was called. Of course

the people knew very little concerning it.

[127] Captain Sprague, in his history of the Florida War, says, "The

truth, when made known to the Indians who remained in Florida,

constituted the strongest argument why they should not emigrate. Had

they (says that author) been kept in ignorance, better results might

have been anticipated; but what they gathered from the honest

confessions and silence of their brothers tended to make them venerate

with more fidelity and increased love the soil which they had defended

with heroic fortitude for five consecutive years."

[128] Captain Sprague, in his history, declares, that it was proven in

two instances that white men, disguised as Indians, actually committed

depredations and murdered white people.

[129] This first speech had been carefully prepared by the Author of

this work, and contained little more than a collation of facts from

public documents. It was made with the design of testing the application

of the gag rules more than for the purpose of exposing the character of

the war. Hon. John Q. Adams, Wm. Slade, and the Author, often consulted

with each other as to the best means for inducing the House to repeal

those obnoxious rules. The Author suggested the plan of alluding to

slavery while publicly discoursing matters with which it was

incidentally connected. Mr. Adams and Mr. Slade insisted that the Author

should try his plan. Aware that appropriations for this war would be

called for, he prepared this speech, showing the causes of the war; and

when the bill above referred to came before the House, he proceeded to

test his plan. He was frequently called to order, and great excitement

was produced; but he succeeded in delivering the speech. When he was

through, a southern member replied, declaring that the gag-rules may as

well be repealed as kept in force, if they permitted such discussions.

The position was evidently correct, and those disgraceful rules were

repealed by the next Congress.

[130] This statement is founded upon the authority of Captain Sprague.

It is however certain, that many of the claimants actually received

compensation from the public treasury for the loss of their slaves. The

power to pay for them was assumed by Executive officers, under the

appropriation act of March, 1841, without reference to Congress.

[131] Captain Sprague, in his history, enters into a somewhat lengthened

apology for this practice of General Worth, by saying, the negroes were

the most active and vindictive of the hostile forces; that, from the

peculiar situation of the country, ten negroes could keep it in a state

of constant alarm; that many of them had intermarried with the Seminoles

and become identified with them, had acquired their habits, and would

have been useless to their owners had they been delivered to them; that

the negro would have remained in service but a few days, when he would

have again taken to the swamps and hommocks, when he could elude

pursuit, and would have been more vindictive than before.

[132] Vide opinions of the Attorney Generals, from 1838 to 1851, page

1944, Senate Doc. 55. It is a singular fact that, in the whole of this

elaborate opinion, no allusion is made to the real condition of the

Exiles; nor would any person suspect, from reading it, that the Attorney

General had any knowledge of the claim which the Creeks preferred.

Although he quotes the clause in the articles of capitulation, which

expressly and emphatically declares that "Major General Jessup, in

behalf of the United States, agrees that the Seminoles _and their

allies, who come in and emigrate, shall be protected in their lives and

property_;" yet he appears never to have conceived the idea that such a

stipulation could impose any duties upon our Government in favor of

negroes; nor does he attempt to define the meaning of this most explicit

covenant.

[133] Under this law, which is general in all slave States, free colored

citizens of nearly every free State of the Union have been seized and

enslaved, and are now toiling in chains.

[134] Hon. R. W. Johnson, a Representative from Arkansas, spoke of this

wretch as having come from Louisiana; but from manuscript letters on

file in the War Department, the Author is led to think he came from

Florida, and had previously participated in kidnapping Exiles in that

Territory.

[135] The Author, being unable to obtain a publication of the documents

showing these facts, states them upon the best authority he possesses.

During the discussions upon what is called the Indian Appropriation Bill

for 1852, in the House of Representatives of the United States, the

following colloquial debate occurred, and is now cited as a part of the

evidence on which these facts are stated. It will be found in the

Congressional Globe of 1852, vol. 24, part 3d, pages 1804, 1805:

"Mr. GIDDINGS. I rise for a different purpose than that of

expressing my approbation of the amendment which has just been

read. I ask the especial attention of gentlemen to some

interrogatories which I desire to propound for the purpose of

obtaining information; and that the information may go to the

country, I will observe, that I desire to have the experience of

the able Chairman of the committee on Indian Affairs (Mr. Johnson

of Arkansas), to obtain this intelligence. According to reliable

information which I received in the summer of 1850, these Creek

Indians, to whom attention has been turned, with force and

violence, seized from seventy to one hundred free persons of color

in the Indian Territory, or at least those claiming to be free, and

enslaved, sold and transported them to the State of Louisiana,

where they are now in servitude as slaves. I will state that this

was done in violation of the treaty entered into in 1845, and in

subversion of our solemn faith, entered into with these negroes

during the Seminole War, in 1837. The official information upon

this subject is in the Indian Department, where it has been

received; and from which that we have not been able to obtain any

intelligence by resolution, although a resolution for that purpose

has been in my desk since the first day of the session. The

questions I desire to propound to those gentlemen are--First, Is it

a fact that those persons of color were seized and sold into

slavery; and, second, by what claim of right or pretended title did

these Creek Indians enslave and sell those people?

"Mr. JOHNSON. I have no official knowledge in the matter at all.

Then as to the knowledge I have obtained incidentally, I do know

that there has been a great contest in relation to a portion of

these Creek Indian negroes; I do know that the matter has been

looked into here in the Executive Departments; I do know that the

matter has never been before the House at all, unless it has

strangely escaped my notice; I know it has not been before my

committee; I know the Attorney General of the United States has

declared his opinion as to the title of these negroes: I think

there were seventy of them, though it might have been more or less.

So, then, I have no official information on the subject to which

the gentleman alludes.

"Some two or three years ago, I know of a contest going on about

the title to these negroes, and that it was decided that they

belonged to those Indians. They had established themselves in a

free town, which they maintained with force and arms. There were

heavy disturbances existing there in the Indian nation, amounting

at times almost to civil war: I believe before it was done with, it

was quite civil war. I know they were taken; but what was done with

them, I do not know. They were taken, and carried out of the

nation, with the design of holding them as property, when they

could not hold them in the nation on account of the disturbance

which they created. I know the decision of the Attorney General of

the United States, as to the title to these negroes; and that is

the whole statement in regard to the matter as far as I can give

it."

[136] The Author has written many letters, and made frequent efforts, to

obtain a copy of the record of this writ, if any had been kept, and the

proceedings, together with the opinion of the Judge thereon, but has not

succeeded. The statement, therefore, rests on the verbal reports,

current at the time in the Indian Country, and communicated to the

Author by individuals who happened to be there at the time.

[137] The Author has been unable to obtain official data of the number

of Exiles who remained in the Indian Country.

[138] The Author has been compelled to rely on verbal reports received

from individuals for these facts. He also understood Mr. Johnston, the

Representative from Arkansas, in the debate referred to in a former

note, to say distinctly, that the Creeks pursued the Exiles, and that a

_battle was fought_, but he was unable to state particulars.

[139] Vide Official Report of Major Emory, in regard to the boundary

line between the United States and Mexico. He states the location of

Wild Cat and the Seminole Indians, but omits all reference to the

Exiles.

[140] This number has been increased by fresh arrivals from the Indian

Country, since 1850.

[141] Vide Manuscript Letters now on file in the Indian Bureau at

Washington.

End of Project Gutenberg's The Exiles of Florida, by Joshua R. Giddings

The Exiles of Florida or, The crimes committed by our government against the Maroons, who fled from South Carolina and other slave states, seeking protection under Spanish laws. · 第 23 / 23 章