On the second of May, the Sheriff of New Orleans appeared at the barracks, and desired to pa.s.s the line of sentinels for the purpose of serving his process; but the sentinel, punctilious to his duty, refused to let him enter. The Sheriff then returned his writ with the following indors.e.m.e.nt thereon:

"Received May second, 1838, and demanded the within slaves of General Gaines, the defendant, who answered me, that he never had the within described _slaves_ in his possession, or under his control. I found the slaves at the barracks of the United States, but the officers in charge of the same refused to deliver them to me. Returned May eighth, 1838.

FREDERICK BUISSON, _Sheriff_."

The Exiles still remained in the barracks under the officers in charge of them; and on the ninth of May, General Gaines sued out a rule to set aside the order of sequestration upon the grounds, "that the negroes were '_prisoners of war_' of the United States, taken in combat with the Seminole Indians; that the control of the United States over said negroes, and their right to the control of such negroes as _prisoners of war_, could not be taken away by the sequestration issued."

Thus was the manhood of these colored people a.s.serted by this military officer of the United States at that day, when few members of Congress would have hazarded their reputation by the avowal of similar doctrines.

Twenty-three years previously, as the reader has already been informed, General Gaines gave to the War Department notice that "fugitives and outlaws had taken possession of a fort on the Appalachicola River."

Twenty-two years previously, he had detailed General Clinch, with his regiment and five hundred Creek warriors, to destroy "Blount's Fort,"

and take the fugitive slaves and return them to their owners. He had only two years previously gone to Florida, marched into the Indian Territory, and fought them bravely for several days. He now saw these Exiles and Indians in a different situation. He witnessed their attachment to each other as parents and children, as husbands and wives, as members of the human family, and his sympathy was aroused--his humanity was awakened. His finer feelings being called forth, he possessed the firmness, the independence, to act according to the dictates of his conscience and judgment.[119]

He a.s.sumed the responsibility of paying costs and damages, caused himself to be made defendant in the case, and, having obtained a rule on the sheriff to show cause why the negroes should not be delivered as prisoners of war to him, as commander of that Military District, he appeared in person at the bar of the court, and ably vindicated the rights of Government, of himself, and of the prisoners.

"The laws (said he) of the United States authorize the late and existing war against the Seminole nation of Indians, and against all persons in their service. The negroes claimed by the plaintiff were found in the service of the Indians, speaking the same language, and, like the inhabitants of all savage nations, aiding and a.s.sisting in the war. They were captured and taken by the United States forces _as prisoners of war_, and they are now in charge of a United States officer, Lieutenant Reynolds, acting pursuant to the orders of the President of the United States, directing him to superintend their transportation from the theatre of war in Florida, to a place set apart for their location, west of the State of Arkansas, _as prisoners of war_, as well as servants of the Seminole Indians, who are also _prisoners of war_.

"The laws of war, as embraced in the works of Brynkershoeck, Vattel and Wheaton, clearly sanction the principle, that all persons taken in battle, or who may be forced to surrender, whether officers, soldiers, or followers of the enemy's army, _are prisoners of war_. * * *

"Among savage nations, it is universally known and admitted, that in war they have no _non-combatants_, excepting only such as are physically incapable of wielding arms. Every man, without regard to age or color; every boy able to fire a gun, or wield a hatchet, or an arrow, is a _warrior_. And every woman is a laborer, in the collection and preparation of subsistence and clothing for the warriors: all are therefore liable, when captured in a state of hostility, to be treated _as prisoners of war_."

He declared himself "lawlessly taxed with this investigation, and lawlessly threatened with heavy damages and costs, and forced to be defendant, without any legal or rational grounds of action against him.

I am (said he) authorized, in virtue of my official station as Major General, commanding the Western Division of the Army of the United States of America, to serve them honestly and faithfully against their enemies and opposers, whomsoever, and to obey the orders of the President of the United States, etc. Under this official pledge, I deem it my duty to afford every officer of the army whatever facilities may be necessary and proper, to enable them to perform whatever duty is confided to them by the President of the United States. In pursuance of this authority, I ordered Major Clark to furnish transportation, for enabling Lieutenant Reynolds, and the officers on duty with him, to convey the prisoners of war to the place of their destination in the Western Country."

"But it seems that the counsel for the claimant has flattered himself that I should make the most convenient and accommodating defendant imaginable. I was expected to take _the responsibility_ of doing whatever the voracious claimant might desire, without coming into this honorable court. I take leave to apprise the court, for the benefit of all concerned, that I have never hesitated to a.s.sume the responsibility of _doing my duty_, or of doing _justice_; but I have not yet learned, while acting in my official capacity on oath, to take the responsibility of doing that which is _repugnant to law, unjust and iniquitous_, as I verily believe any favor shown to this claim would be."

"The court appears to labor under the impression, that the negroes in question were captured by the Seminole Indians, in the course of their hostile incursions upon our frontier inhabitants. _Is this the fact?_ I will a.s.sume, for the learned counsel of the claimant, that he _will never have the temerity to a.s.sert that they are among the number taken from our frontier inhabitants in the present, or in any former war_."

The gallant General, as well as some other well informed officers, appears to have been conscious of the real character of these Exiles, as will have been noticed in his last remark, a.s.suring the court, that they were _never captured from the white people_ "in the present, or in _any former war_."

The ground which he a.s.sumed, that the captives were prisoners of war, subject to the orders of the Executive, was so self-evidently true that it could not be met or overthrown, by reason or by argument.

His honor the Judge, in delivering his opinion discharging the rule, disregarded all claims to right on the part of the Exiles. They being black, under the laws of Louisiana, were presumed to be slaves to some person; and he spoke with exultation of the fact, that neither General Gaines nor the United States had claimed them as _slaves_; and he declared it would be infinitely more wise and natural for the United States to hold them as lawful _prize_ to the captors, than it would be to send them with the Indians to cultivate their lands in time of peace, and swell the number of our enemies in times of war; but, on this motion, he thought the court bound to regard the facts set forth in the plaintiff's claim as true, and he therefore discharged the rule, and made the order of sequestration absolute.

There now appeared no hope of escape for these people; they seemed to be the sport of fortune. For more than a century they and their ancestors had set at defiance the efforts of slaveholders, a.s.sisted by Government, to reenslave them; but they now appeared to be within the power of those who were anxious to consign them to bondage.

On the fifteenth of May, Lieutenant Reynolds, having returned to New Orleans, wrote the Commissioner of Indian Affairs, saying, "I arrived at this place from Tampa Bay yesterday; was detained longer than I expected to be, in consequence of the absence of General Jessup from Fort Brooke.

Arrangements are made for the embarkation of the party for 'Fort Gibson,' with the exception of sixty-seven of the negroes, who are claimed by persons from Georgia. The civil authorities, I understand, require that these negroes be not removed. It appears that General Gaines presented himself as defendant, and contended, that as the negroes were _prisoners of war_, the civil authority had no right to wrest them from the Government's hands. The court however decided contrary, acknowledging the Indians alone as _prisoners_, and the negroes as the _property_ of the Indians. The case will not come on for some time, and, deeming (from all that I can learn) that the claim is fraudulent, it will be necessary that they remain."

Lieutenant Reynolds was delayed until the twenty-first of May before he was able to embark the other prisoners. One steamer left on the nineteenth; and on the twenty-first, he wrote the Commissioner of Indian Affairs, saying, "Thirty-one of the negroes, out of the sixty-seven, have been selected by the claimants. These negroes, I am informed, do not belong to the Indians on whom the claims have been made."

This opened up new hopes for those to whom the claimants admitted they had no t.i.tle. There is, however, something about this surrender which we are not able to explain. It is certain that Lieutenant Reynolds left New Orleans on the twenty-first of May with all the prisoners, both Indians and negroes then at that city, except thirty-one left in charge of the sheriff, and seven Spanish maroons, whom he discharged. The remaining thirty-one were left in the charge of the sheriff, with the slave-catching vultures watching, and eager to fasten their talons upon them so soon as opportunity should permit. The separation was painful.

Families were again severed: parents were torn from their children, and brothers and sisters compelled to bid adieu to each other; and as they could see no escape for those left at New Orleans, they regarded the separation as final.

But the other prisoners were on board. Lieutenant Reynolds and other officers had done what they could, and they desired soon as possible to get the hapless Exiles, who yet remained in their possession, beyond the reach of slave-hunters and slave-catchers. That mysterious power, steam, was now applied; and rapidly the vessel was driven against the strong current of the Mississippi, as the sable pa.s.sengers cast their last, lingering look toward their friends who remained behind, the victims of a tyranny--an oppression--which yet disgraces the civilization of the age in which we live. The Indians were also thoughtful and sad, as they cast their eyes back towards their beloved Florida, the scenes amidst which they had been born and reared; where they had fought; where their brethren had been slain; where their fathers rested peacefully in their graves. Many bitter sighs were heard, and many tears fell from the eyes of those prisoners as they resumed their voyage, for unknown homes in the Western Country.

CHAPTER XV.

DIFFICULTIES IN ENSLAVING EXILES CONTINUED.

Collins, Agent for the Slave-dealer, reaches Fort Pike--Prisoners gone--He repairs to New Orleans--reaches that City one day after the Exiles and Indians had left--He follows them up the River--Whole number of Prisoners on the two boats--They stop a few hours at Vicksburg--Collins overtakes them--Hands his Order to Reynolds--They consult together--Difficulty in separating Indians from Negroes--They all proceed together--Reynolds and Collins endeavor to persuade Indians to deliver over Negroes--They refuse--They reach Little Rock--Call on Governor Roane for military aid--His emphatic Answer--They proceed to Fort Gibson--Call on General Arbuckle to separate them--He refuses--Collins gives up all as lost--His Letter to Commissioner of Indian Affairs.

Collins, the agent of Watson, left the City of Washington on the tenth of May with full powers to act for the Creek chiefs as well as for his princ.i.p.al; fully provided, also, with orders from the Commissioner of Indian Affairs, directing all officers of the United States, in whose custody the Exiles might be, to deliver them to this agent of the slave-dealer. Expecting to find his victims at Fort Pike, he repaired to that place; but on his arrival found they had left for New Orleans some days previously. He forthwith followed them, and reached that city on the twenty-second of June, being one day after Reynolds and his prisoners had left that city for Fort Gibson.

Thus it will be seen, that the efforts of General Gaines, and the active vigilance of Major Clarke and Lieutenant Reynolds, had barely succeeded in getting these people under way for their western homes, when the authority for their reenslavement arrived.

Vexed and mortified at this disappointment, Collins took pa.s.sage on the first packet bound up the river, determined to secure the victims of Watson's cupidity wherever he should find them.

While Collins was thus speeding his way up the river, Reynolds and his charge, unconscious that the slave-hunter was on their track, stopped at Vicksburg for a few hours to obtain supplies for their journey. While pa.s.sing up the river, Reynolds wrote a report to the Commissioner of Indian Affairs, stating that on the boat which left New Orleans on the nineteenth, six hundred and seventy-four prisoners had been placed for emigration; that on the boat which left the twenty-first, on which he had taken pa.s.sage, there were four hundred and fifty-three--making in all twelve hundred and twenty-one Indians and negroes, who were now emigrating to the Western Country. While they were lying at Vicksburg, Collins arrived, and, as he states, "succeeded in getting the order of the Commissioner of Indian Affairs handed to Reynolds." This was undoubtedly correct, for Reynolds wrote the Department the same day, saying, "Since my letter this morning, enclosing an abstract of my muster-roll, Mr. Collins, the attorney, recognized by you, has sent off various papers, in relation to certain claims for negroes taken by the Creek Volunteers, and _your order has been received_. I have therefore made arrangements with Mr. Collins to accompany me to Little Rock on board of my boat, that no time may be lost in the emigration on the pa.s.sage from here thither. Due care will be had in selecting such only as come within your order, as also to apprise the chiefs and other Indians with regard to the claim. The excitement evinced at New Orleans on the part of the Indians, convinced me of the necessity of this measure. I think that, between this and Little Rock, I will be enabled to persuade them to consent without any resistance on their part."

As stated in this letter, Mr. Collins took pa.s.sage at Vicksburg with Lieutenant Reynolds, and agreed to go on with him and his prisoners, until they could persuade the Indians to separate from their friends and companions, their wives and children, or until they could obtain a military force sufficient to compel the separation. Mr. Reynolds says that the excitement on the part of the Indians at New Orleans, had convinced him of the necessity of this measure; and the only doubt of his perfect sincerity rests on the a.s.sertion, that he thought he could, while on the voyage, induce the Indians to _consent to such separation_.

On the twenty-seventh, they left Vicksburg for Fort Gibson. While on their pa.s.sage, they had full opportunity to deliberate and consult together as to the best mode of carrying out the plan of transforming this small portion of mankind into property; but the universal laws of Nature and of Nature's G.o.d appeared to conflict with this slave-dealing theory. While on the pa.s.sage up the river, Mr. Reynolds a.s.sembled the Indian chiefs and warriors, and laid before them the facts concerning the claim of Watson, and, as he says, "explained every thing calculated to appease them." But the result we give in his own words, expressed in a letter dated at Little Rock, Arkansas, June second, being one week after they left Vicksburg, in which he says: "They (the Indians) at once demurred: Micanopy taking the lead, saying, it was contrary to the express words of General Jessup, and would listen to nothing calculated to dispossess them of their negroes. Finding them thus determined, I prevented any communication with them on the subject until reaching this place, when they were again called together, and I repeated all that had been mentioned to them before. I told them it was needless to object; my orders were positive, and must be obeyed. All was of no use; they became, if anything, more vexed than before, and left me much exasperated. Mr. Collins witnessed my exertions to carry out your instructions; indeed, sir, I have been excessively perplexed with these Indians and negroes. I see no method in the absence of force by which possession of the negroes can be had. The authorities here show a decided inclination to protect the Indians, and there is no doubt every attempt will fail on our part. I have in no instance acted with duplicity. The statements made, have been as they actually exist.

Thirty-one of the number left at New Orleans are on the official list handed me by Mr. Collins."

The whole party were detained several days at Little Rock in consequence of the low stage of water. While waiting here, Collins appears to have become impatient, and anxious to get possession of the negroes. Indeed, from the closing remark of Mr. Reynolds's letter, last quoted, we are led to suspect that little sympathy existed between Reynolds and this agent of the slave-dealer; nor is it unlikely that an officer, bred up in the cultivation of a high and chivalrous sense of honor, would feel some repugnance at being constrained to a.s.sociate with any man employed in the business which brought Collins to the Western Country. Knowing, however, that the Executive of the United States had become in fact a party in this disreputable transaction, he endeavored to manifest at least a respect for those officers of Government who had become partic.i.p.ants in it.

On the third of June, Lieutenant Reynolds addressed an official letter to Samuel C. Roane, Governor of Arkansas, stating the circ.u.mstances in which he was placed. He set forth the claim of the Creeks, and their sale to Watson, together with the fact that Collins was then at Little Rock, anxious to obtain possession of the negroes; that he (Reynolds) could not deliver them to Collins without a.s.sistance, and on that account demanded of his Excellency a.s.sistance of the civil authority to aid him in carrying out the policy of the Federal Government.

Here again the workings of the human heart, and the laws of human nature, cast insurmountable obstacles in the way of carrying out the Executive designs. True, Arkansas was a slave State, and her Governor was a slaveholder, characterized by that bold and generous nature which usually distinguishes the pioneers of the West; but his letter breathes such a spirit of independence, such a bold and unhesitating regard for justice and propriety, that we prefer to let his Excellency speak for himself. The letter is couched in the following language:

"EXECUTIVE OFFICE,

"_Little Rock_, June 4th, 1838.

"SIR: Your note of this day has been duly received, in which you call on me as the Executive of the State of Arkansas to furnish you military force, sufficient to coerce obedience to your instructions to surrender a number of negroes, now with the Seminole Indians under your command; and stating that the Indians manifest a hostile determination not to permit the negroes in question to be surrendered to the agent or attorney of the Creek Indians. I have also examined the copies of the order from the War Department, directed to you on this subject, as well as the schedule of the negroes and letter of attorney, in the possession of Mr. N. F.

Collins, the Creek agent or attorney, to receive the negroes in controversy. After due reflection on the subject, I have determined not to afford you any a.s.sistance to carry these instructions into effect, and respectfully request of you not to attempt to turn over those negroes to the claimants within the State of Arkansas, and more especially in the neighborhood of Little Rock. And _I require of you to proceed_ with your command of Indians and _negroes_ to their place of destination with the least practicable delay, that the citizens of Little Rock and its vicinity may be relieved from the annoyance of a hostile band of Indians and _savage negroes_.

"Without prejudging the claim of the Creek Indians to the negroes, from the nature of things it is wholly impracticable for the claimants to make a proper designation of the negroes claimed.

_There are no witnesses here that can identify the negroes_--not even the person setting up the claim. And had the Government intended to dispose of those negroes to the Creek Indians, it should have been done in Florida, and not bring Indians and negroes into Arkansas, the vicinity of their future residence, and then _irritate_ the Indians to madness, and turn them loose on our frontier, where we have no adequate protection--the ma.s.sacre of our citizens would be the inevitable consequence.

"I have just visited the chiefs of your command, and a.s.sured them that their negroes should not be taken from them, and they have pledged themselves that their people should go on to their country peaceably. Your immediate departure will insure peace and avert the outrages you had such good cause to expect.

"You will transmit this note to the proper Department at Washington as a justification of the course you may pursue in accordance with it.

I am, respectfully,

Your obedient servant,

JNO. G. REYNOLDS, SAM. C. ROANE.

1st Lieut. U. S. M. C., and Disb'g Agent, Ind. Dep't."