At that early period of our history, the subject of slavery greatly perplexed the Federal Administration; nor was the genius, or the influence of Washington, sufficiently powerful to silence the malcontents. He was fortunate in selecting Judge Jay, of New York, as a Minister Plenipotentiary, for negotiating a treaty with Great Britain.

This ill.u.s.trious patriot possessed great purity of character; had long been distinguished for his devotion to the welfare of the nation; and, although a Northern man, Southern slave claimants could raise no objection to him.

But every step towards the adjustment of the claims arising for slaves carried away by the English ships, or enlisted into the British army, had the effect to render the owners of Exiles more importunate. There was only one recourse, however, left for the Administration; they could do no more than to call on the Creeks for a new treaty, in order to adjust these claims.

[Sidenote: 1795]

As the President was about to take measures for obtaining another treaty with the Creeks, news arrived from England that Judge Jay, in forming a new treaty with the British Crown, had been constrained to surrender all claims of our citizens for slaves carried from the United States in British vessels during the war, or for those who had enlisted into the British service. This news created much excitement among the slaveholders of the Southern States. The treaty was denounced by the public Press, and a strong effort was made to defeat its approval by the Senate. But failing in that, the slave power was rallied in opposition to making any appropriation, by the House of Representatives, for carrying the treaty into effect, and perhaps at no time since the Union was formed, has it been in greater danger of disruption; but the friends of the treaty prevailed in both Houses of Congress, and it became a paramount law of the nation.

While those incidents were transpiring, the Exiles were engaged in cultivating their lands, extending their plantations and increasing their flocks and herds, and consolidating their friendships with the Indians around them. Of all these facts the bondmen of Georgia had full knowledge. It were impossible for them to contemplate their friends, in the enjoyment of these rights and privileges, without a strong desire to share in those blessings of freedom. The example of the Exiles was thus constantly exerting an influence upon those who remained in bondage.

Many of them sought opportunities to flee into Florida, where they, in like manner, became free subjects of Spain.

[Sidenote: 1796.]

This condition of things induced General Washington to make another effort to remedy existing evils, and prevent their recurrence in future.

He took measures to obtain the attendance of the Chiefs, head men and warriors of the Creek nation, at a place called Colerain, for the purpose of forming another treaty. He again appointed Benjamin Hawkins, George Clymer and Andrew Pickens, Commissioners, to meet the Indians in Council, and agree upon the proper adjustment of pending difficulties.

These men were interested in the inst.i.tution of Slavery, and were supposed to be perfectly acceptable to the claimants, as well as to the authorities of Georgia.

The parties met at the place appointed, and proceeded to the consideration of the proposed treaty. The Creeks were not disposed to make further grants of territory; nor were they able to give any better a.s.surance for the return of the Exiles than had been given at New York.

They insisted that, by the treaty of New York, they were only bound to return those negroes who had been captured _since_ the treaty of peace between the United States and Great Britain; these they had delivered up, so far as they were able to surrender them. They admitted there were more negroes among them, whom they might probably obtain at some future day, and expressed a willingness to do so. It is however evident, from the talk of the various Chiefs, that they had no idea of returning those Exiles who were residing in Florida--no allusion being made to them by either of the Commissioners, on the part of the United States, nor by the Indians. The Council was also attended by Commissioners on the part of Georgia, who attempted to dictate the manner of transacting the business, and, even in offensive language, charged the Commissioners of the United States with improper conduct; but in no instance did they name the Seminoles, nor allude to any obligation, on the part of the Creeks, to return the Exiles resident among the Seminoles. It should however be borne in mind, that these Commissioners on behalf of Georgia left the council in disgust, before the close of the negotiation. In the treaty itself, however, there is a stipulation that the treaty of New York shall remain in force, except such parts as were expressly changed by that entered into at Colerain; and that portion of the treaty of New York by which the Creeks a.s.sumed to bind the Seminoles, was not changed.[19]

The seventh article of the Treaty of Colerain reads as follows:--"The Creek nation shall deliver, as soon as practicable, to the Superintendent of Indian Affairs, at such place as he may direct, all the citizens of the United States, white inhabitants and negroes, who are now prisoners in any part of the said nation, agreeably to the treaty at New York; and also all citizens, white inhabitants, negroes and property, taken since the signing of that treaty. And if any such prisoners, negroes, or property, should not be delivered on or before the first day of January next, the Governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners, negroes and property, under the direction of the President of the United States." This stipulation was understood by the Creeks, and they were willing to perform it; but it is very obvious, from all the circ.u.mstances, that they had no idea of binding the Seminoles to return the Exiles resident in Florida.

The State of Georgia obtained very little territory by this treaty, and no further indemnity for the loss of their fugitive bondmen. The people of that State, therefore, were greatly dissatisfied with it. But the extraordinary feature of this treaty, consists in the subsequent construction placed upon it by the authorities of Georgia, who, twenty-five years subsequently, insisted that the Seminoles were in fact a part of the Creek tribe, bound by the Creek treaties, and that the Creek nation were under obligation to compel the Seminoles to observe treaties made by the Creeks.

In each of the treaties made between the State of Georgia and the Creeks, as well as in that made at New York, between the United States and the Creek nation, attempts had been made to bind the Seminoles, although that tribe had steadily and uniformly denied the authority of the Creeks to bind them; and being sustained by the Spanish authorities, it became evident that all further efforts to induce them to submit to the government of the Creeks would be useless. This independence they had maintained for nearly half a century. They had in no instance acknowledged the authority of the Creeks since they left Georgia, in 1750; nor is it reasonable to suppose the authorities of that State, or those of the United States, were ignorant of that important circ.u.mstance.

The flagrant injustice of holding the Creeks responsible for fugitive slaves resident in Florida, and under protection of the Spanish crown, must be obvious to every reader; and the inquiry will at once arise. Why did the Creek chiefs at New York consent to such a stipulation? The answer _perhaps_ may be found in the secret article of that treaty, giving to the Creeks fifteen hundred dollars annually, _forever_, and to McGillivray _twelve hundred dollars during life_, and to six other chiefs _one hundred dollars annually_. These direct and positive bribes could not fail to have effect. The necessity for keeping this article secret from the Indians generally, and from the people of the United States, is very apparent; as the propriety of thus taking money, drawn from the free States to bribe Indian chiefs to obligate their nation to seize and return fugitive slaves, would have been doubted by savages as well as civilized men. But the duty of the Creeks to seize and return the Exiles was legally recognized by the treaty of Colerain, which admitted the treaty of New York to be in force. This was regarded as a continuance of the claims of Georgia, although the Creeks appear to have had no idea of entering into such stipulations.

[Sidenote: 1797.]

Many circ.u.mstances now combined to quiet the apprehensions of the fugitive bondmen in Florida. The elder Adams had been elected President in the autumn of 1796, and a.s.sumed the duties of his office on the fourth of March following. A descendant of the Pilgrims, he had been reared and educated among the lovers of liberty; he had long served in Congress; he had reported upon the rights of the people of the Colonies in 1774, and was chairman of the committee who reported the Declaration of Independence, in 1776, and to its doctrines he had ever exhibited an unfaltering devotion. From such an Administration the claimants in Georgia could expect but little aid.

Another consideration, cheering to the friends of Freedom, was the total failure of the claims on Great Britain, for slaves lost during the War of the Revolution. The influence of those claimants was no longer felt in the Government. The public indignation was also somewhat excited against the inst.i.tution of Slavery by incidents of a barbarous character, which had then recently transpired in North Carolina. After the promulgation of the Declaration of Independence, the Quakers of that State, conscious of its momentous truths, proceeded in good faith to emanc.i.p.ate their slaves; believing that the only mode in which they could evince their adherence to its doctrines.

The advocates of oppression were offended at this practical recognition of the "equal right of all men to liberty," and, to manifest their abhorrence of such doctrines, arrested the slaves so emanc.i.p.ated as _fugitives from labor_. The Quakers, ever true to their convictions of justice, lent their influence, and contributed their funds, to test the legal rights of the persons thus set at liberty, before the proper tribunals of the State; and the question was carried to the Court of Appeals, where a final judgment was rendered in favor of their freedom.

This decision appears to have disappointed general expectation among the advocates of slavery, and created much excitement throughout the State.

At the next session of the Legislature, an act was pa.s.sed authorizing persons possessing landed property to seize and reenslave the people thus emanc.i.p.ated. But the planters of that State were usually possessed of wealth and intelligence, and, holding principles of honor, they refused to perform so degrading a service; and the liberated negroes continued to enjoy their freedom.

But the opponents of liberty became so clamorous against the example thus set in favor of freedom, that the Legislature pa.s.sed an amendatory act, authorizing _any person_ to seize, imprison and sell, as slaves, any negro who had been emanc.i.p.ated in said State, _except those who had served in the army of the United States during the war of the Revolution_.

Persons of desperate character, gamblers, slave-dealers and horse thieves, were now authorized to gratify their cupidity, by seizing and selling persons who had for years enjoyed their liberty; and the scenes which followed, were in no respect creditable to the State, to the civilization or Christianity of the age. Emanc.i.p.ated families were broken up and separated for ever. In some instances the wife escaped, while the husband was captured. Parents were seized, and their children escaped. Bloodhounds were employed to chase down those who fled to the forests and swamps, in order to avoid men more cruel than bloodhounds.

The Quakers, so far as able, a.s.sisted these persecuted people to escape to other States. Some left North Carolina on board ships; others fled north by land; and many reached the free States, where their descendants yet live. But even our free States did not afford a safe retreat from the cruelty of inexorable slave-catchers. Those free persons were seized in Philadelphia, and, under the fugitive slave law of 1793, were imprisoned in that city; and, what excites still greater wonder, were delivered up and carried back to bondage.[20]

Some of these people, while in Pennsylvania, sent pet.i.tions to Congress, praying protection against such barbarity; and great excitement was aroused among Southern members by the presentation of such pet.i.tions.

The Quakers of that State, and of New Jersey, also sent pet.i.tions to Congress, praying that these people may be protected against such piratical persecution. The popular feeling of the nation was shocked at these things, and great indignation against the inst.i.tution, generally, was aroused.

We have no record of further attempts on the part of the claimants to obtain a return of the Exiles, after the Treaty of Colerain, until the close of Mr. Adams's administration. During that period, the fugitives remained quietly in their homes, undisturbed by their former masters.

Their numbers were often increased by new arrivals, as well as by the natural laws of population, and they began to a.s.sume the appearance of an established community.

In 1801, Mr. Jefferson entered upon the duties of President. He had himself penned the Declaration of Independence, and manifested a deep devotion to its doctrines. Nor do we find that any attempt was made by him for the return of the Exiles; nor were there any measures adopted to obtain indemnity for the loss of the claimants during the eight years of his Administration.

In 1802, a new law regulating intercourse with the Indian tribes was enacted, by which the holders of slaves were secured for the price or value of any bondmen who should leave his master and take up his residence with any Indian tribe resident in the United States, or Territories thereof--at least such was the construction given to this statute.

The Creeks, Cherokees, and other Southern tribes, had gradually adopted the inst.i.tution of Slavery, so long practiced by their more civilized neighbors, and thus became interested in every effort to extinguish the hope cherished among their own bondmen, of regaining freedom by fleeing from their masters. And many circ.u.mstances now appeared to favor the idea, that no more attempts would be made to compel a return of the Exiles to bondage.

CHAPTER III.

HOSTILITIES MAINTAINED BY GEORGIA.

Mr. Madison's election--His character--Desire of people of Georgia to enslave Exiles--They demand annexation of Florida--Congress pa.s.ses a law for taking possession of that Territory--General Mathews appointed Commissioner--Declares insurrection--Takes possession of Amelia Island--Spanish Government demands explanation--The President disavows acts of Mathews--Governor Mitch.e.l.l succeeds Mathews--Georgia raises an Army--Florida Invaded--Troops surrounded by savage foes--Their danger--Their retreat--Stealing Slaves--Lower Creeks join Seminoles--Georgia demands their surrender--Chiefs refuse--Georgia complains--President refuses to Interfere--Another Invasion of Florida--Towns burned; Cattle stolen--Troops withdrawn from Amelia Island--Public attention directed toward our Northern frontier--Lord c.o.c.krane enters Chesapeake Bay--Issues Proclamation to Slaves--Dismay of Slaveholders--Slaves go on board British ships--Several vessels enter Appalachicola Bay--Col. Nichols lands there with Troops--Gathers around him Exiles and Indians--Builds a Fort, arms it, and places Military Stores in Its Magazines--Treaty of Peace with England--Provision in regard to Slaves taken away during War--Claimants of the Exiles encouraged--Col Nichols delivers Fort to the Exiles--Their plantations, wealth, and social condition--Our Army--General Gaines represents Fort as in possession of Outlaws--Plans for its destruction--Correspondence--General Jackson's order--Col. Clinch's Expedition--Met by Sailing-Master Loomis and two gun-boats--Fort blown up--Destruction of human life--Negroes captured and enslaved--Property taken--Claimed by Governor of Florida--First Seminole War commenced.

When Mr. Madison a.s.sumed the duties of President (March 4, 1809), the Exiles were quietly enjoying their freedom; each sitting under his own vine and fig-tree, without molestation or fear. Many had been born in the Seminole country, and now saw around them children and grand-children, in the enjoyment of all the necessaries of life. Many, even of those who fled from Georgia after the formation of that colony, had departed to their final rest; but their children and friends had been comparatively free from persecutions since the Treaty of Colerain, in 1796. Discarding all connection with the Creeks, and living under protection of Spain, and feeling their right to liberty was "self-evident," they believed the United States to have tacitly admitted their claims to freedom. With these impressions, they dwelt in conscious security, believing no further attempts would be made to reenslave them.

Mr. Madison had penned the memorable Address of Congress to the people of the United States, published near the close of the old Confederation, in which was reiterated, in glowing language, the doctrines of the Declaration of Independence; and in the Convention that framed the Const.i.tution, he had declared "it would be wrong to admit, in that instrument, that _man can hold property in man_."

[Sidenote: 1810.]

The people of Georgia were not satisfied with the existing state of things. They were greatly excited at seeing those who had once been slaves, in South Carolina and in Georgia, now live quietly and happily in the enjoyment of liberty, with their flocks and their herds, their wives and their little ones, around them; but they were on Spanish soil, protected by Spanish laws. The only mode of enslaving them was, firstly, to obtain jurisdiction of the Territory; and the annexation of Florida to the United States was, accordingly, urged upon the Federal Government.

[Sidenote: 1811.]

Spain had acquired her American territories by conquest, and was too proud to part with them. An excitement, however, was raised in favor of its annexation; and this anxiety to secure the slave interests of the South, soon extended to Congress, and infused itself into the Executive policy of the nation. A law was pa.s.sed by the two Houses, in secret session, and approved by the President, for taking possession of Florida. Gen. Mathews, a slaveholder of Georgia, was appointed Commissioner for that purpose. A few malcontents were found in the northeastern part of the Territory; their numbers were increased by men of desperate fortunes from Georgia; and an insurrection was proclaimed by the Acting General. Mathews, commanding the insurgents, took possession of Amelia Island, and of the country opposite to it on the main land. The Spanish Government, on learning the outrage, remonstrated with our Executive, who disavowed the acts of Mathews, whom he recalled; and proceeded to appoint General Mitch.e.l.l, the Governor of Georgia, to act as Commissioner, in place of Mathews.

Mitch.e.l.l, however, continued to hold military possession of the island and part of the main land, and, in fact, continued to carry forward the policy which Mathews had inaugurated. These things occurred while our nation was professedly at peace with Spain, and const.i.tuted a most flagrant violation of our national faith.

[Sidenote: 1812.]

The Executive of Georgia, apparently entertaining the idea that his State was competent to declare war and make peace, raised an army, which, under the command of the Adjutant General, entered Florida with the avowed intention of exterminating the Seminoles, who had so long refused to surrender the Exiles; while the real object was the recapture and reenslavement of the refugees. The Creeks of the Lower Towns, however, took sides with the Seminoles, in opposing this piratical foray of slave-catchers. The army having penetrated a hundred miles or more into Florida, found itself surrounded with hostile savages. Their supplies were cut off; the men, reduced almost to a state of starvation, were compelled to retrace their steps; and with great loss the survivors reached Georgia. But they robbed those Spanish inhabitants who fell in their way of all their provisions, and left them to suffer for the want of food. Nor were the Georgians satisfied with taking such provisions as were necessary to support life; they also took with them a large number of slaves, owned by Spanish masters, with whom they resided.[21]

The people, and the authorities of Georgia, were greatly incensed at the Creek Indians, who had a.s.sisted the Seminoles in defending themselves; and the Governor of that State demanded of the chiefs a surrender of those individuals who had thus offended against the sovereignty of that commonwealth. The chiefs refused to deliver up their brethren, and the Governor complained to the President of this disregard of slaveholding comity by the Creeks.

The Federal authorities appear to have felt very little interest in the matter, and Georgia determined to redress her own grievances. The Legislature of that State, deeming their interests neglected by the Federal Government, pa.s.sed resolutions declaring the occupation of Florida essential to the safety and welfare of their people, whether Congress authorized it or not; and they pa.s.sed an act for raising a force "_to reduce St. Augustine and punish the Indians_."

Under this declaration of war by the sovereign power of Georgia, another army was raised. Hunters, trappers, vagabonds, and men of desperate fortunes, were collected from that State, from East Tennessee, and from other Southern States, to the number of five hundred; and Florida was again invaded. This expedition was more successful, in some respects, than the first. They burned two or three of the smaller Seminole towns, destroyed several cornfields that had been planted by the Exiles, and drove back to Georgia large herds of cattle, which they had stolen from the negroes; yet the princ.i.p.al object of the Expedition failed: They were unable to capture an individual, or family, of the Exiles. There were no Spanish inhabitants in that part of Florida from whom they could capture slaves, and they were compelled to return without human victims, but with the loss of several individuals of their own party. Thus, after a struggle of more than two years (ending May, 1813), the State of Georgia found itself unable to conquer Florida or the Seminoles, or to capture the Exiles. Further prosecution of the war was given up, the troops were withdrawn from Amelia Island, and peace was restored.

This extraordinary proceeding, on the part of Georgia, appears to have excited very little attention at the time; probably in consequence of the more important operations that were then being carried forward, upon our Northern and Northwestern frontiers. Harrison at Tippecanoe, and at Maumee; and Scott and Van Rensselaer at Queenston, and along the Niagara frontier, were gallantly confronting the British army, aided by powerful allies from the various neighboring tribes of savages; and so greatly was the attention of the people of the Northern States absorbed in these operations, that they were scarcely conscious of the slave-catching forays carried on by the State of Georgia. Indeed, during these operations, the public men of that State were among the most vehement advocates for a strict construction of the Federal Const.i.tution, and for maintaining the American Union.

[Sidenote: 1814.]

These transactions upon our Southern frontier, called attention of British Ministers to the Seminoles and the Exiles. A hostile fleet entered Chesapeake Bay, under Lord Cochrane, who issued a proclamation inviting all persons (meaning slaves), who desired to emigrate from the United States, to come with their families on board his Britannic Majesty's ships of war; a.s.suring them of the privilege of entering his Majesty's naval service, or of settling with their families, as _free_ persons, in either of the British West India Islands. This proclamation was widely circulated, and spread very general consternation along our Southern seaboard: it gave the slaveholders of Georgia occasion to look to their own protection, and to secure the fidelity of those bondmen who yet remained in the service of their masters.[22]