These preliminary arrangements could not fail to foreshadow the character of the treaty negotiated under such auspices. Antic.i.p.ating no other motive for the treaty than the settlement of the boundary between the State of Georgia and the Creeks, the chiefs, head-men and princ.i.p.al warriors of the tribe a.s.sembled at the time and place appointed. After the ordinary formalities on such occasions, the commissioners on the part of the United States opened the business by simply stating, that the people of Georgia complained to the President that the Creeks had not returned the property (negroes, cattle and horses), which they were under obligations to return to their owners in Georgia, by the treaties of New York and Colerain.

The commissioners on the part of Georgia now delivered their talk, saying, that by the treaty of Augusta (1783), of Galphinton (1785), and of Shoulderbone (1786), the Creeks had agreed to return to their owners, negroes who had left their masters, and other property; that these treaties were all made before the formation of the government of the United States under their present Const.i.tution; but they were ratified by the treaty of New York (1790), and of Colerain (1796), made with the United States, and Georgia now demanded compensation for the loss of her negroes and other property.

On the following day, General McIntosh, princ.i.p.al chief of the Creeks, replied, that he came to meet the commissioners of the United States, and had no expectation of meeting those of Georgia; nor had he or his friends any idea that such claims were to be presented. That the chief, McGillivray, when he returned, after the treaty of New York, informed them that they were to deliver up such negroes as were _then in the nation_; that they were to pay for none who had removed or died; that they all so understood that treaty, and that nothing was then said about any other claims than for _negroes_; that the _prisoners_, both black and white, were delivered up under the treaty of New York; that the claims now presented were also presented at the treaty of Colerain, in 1796, but the Creeks then absolutely refused to acknowledge any further obligation than that contained in the treaty of New York, and by that they were under obligation to surrender no property except persons held as prisoners, and negroes then in the nation. That many of these negroes were carried away by the British, during the war of 1812; that others were in the fort at Appalachicola, when he and his warriors went with Colonel Clinch and blew it up, and killed nearly all who were in it; and the others were with the _Seminoles_, and not with the Creeks.

To this answer the commissioners of Georgia replied, that by the treaties of Augusta, and Galphinton, and Shoulderbone, the Creeks were bound to deliver all negroes who had left their masters in Georgia; that, if they had done so, the British would not have carried them off, nor would they have been killed in the fort; that the _Seminoles were a part of the Creek nation_, who were responsible, not only for the slaves and their increase, but also for the loss of the labor which they would have performed had they remained in bondage.

Of the means used to obtain the treaty, we have no other information than appears of record. Those acquainted with the usual modes of negotiating Indian treaties, by the use of intoxicating liquors, by bribery, and those appliances generally used on such occasions, will not wonder at the stipulations contained in the Treaty of "Indian Spring."

By the first article, the Creeks ceded to the United States, for the benefit of Georgia, about five million acres of their most valuable territory. The second article provided for the reservation of certain lands, to be retained by those who were then living upon them. The third reserved certain lands for the use of the United States agency; and the fourth is in the following words:

"It is hereby stipulated and agreed, on the part of the United States, as a consideration for the land ceded by the Creek nation, by the first article, that there shall be paid to the Creek nation, by the United States, ten thousand dollars in hand, the receipt whereof is hereby acknowledged, forty thousand dollars as soon as practicable after the ratification of this convention, five thousand dollars annually for two years thereafter, sixteen thousand dollars annually for five years thereafter, and ten thousand dollars annually for six years thereafter; making in the whole fourteen payments, in fourteen successive years, without interest, in money or goods, and implements of husbandry, at the option of the Creek Nation, seasonably signified, from time to time, through the agent of the United States residing with said nation, to the Department of War. And as a further consideration for said cession, the United States do hereby agree to pay to the State of Georgia, whatever balance may be found due by the Creek Nation to the citizens of said State, whenever the same shall be ascertained, in conformity with the reference made by the commissioners of Georgia and the chiefs, head-men and warriors of the Creek Nation, to be paid in five annual installments, without interest, provided the same shall not exceed the sum of two hundred and fifty thousand dollars; the commissioners of Georgia executing to the Creek Nation a full and final relinquishment of all the claims of the citizens of Georgia against the Creek Nation, for property taken or destroyed prior to the act of Congress, of one thousand eight hundred and two, regulating the intercourse with the Indian tribes."

The fifth article merely provides for running the boundaries of the several reservations. It was duly signed and witnessed, and bears date on the eighth of January, 1821.

Deeming the treaty not sufficiently explicit in its terms, the commissioners on the part of Georgia, entered into a further agreement with the Indians, which reads as follows:

"Whereas at a conference, opened and held at the Indian Spring, in the Creek Nation, the citizens of Georgia, by the aforesaid commissioners, have represented that they have claims to a large amount against the said Creek Nation of Indians: Now, in order to adjust and bring the same to a speedy and final settlement, it is hereby agreed by the aforesaid commissioners, and the chiefs, head-men and warriors of the said Nation, that all the talks had upon the subject of these claims, at this place, together with all claims on either side, of whatever nature or kind, prior to the act of Congress of one thousand eight hundred and two, regulating the intercourse with the Indian tribes, with the doc.u.ments in support of them, shall be referred to the decision of the President of the United States, by him to be decided upon, adjusted, liquidated and settled, in such manner and under such rules, regulations and restrictions as he shall prescribe: Provided, however, if it should meet the views of the President of the United States, it is the wish of the contracting parties, that the liquidation and settlement of the aforesaid claims shall be made in the State of Georgia, at such place as he may deem most convenient for the parties interested; and the decision and award thus made and rendered, shall be binding and obligatory upon the contracting parties."

There was also an a.s.signment of the t.i.tle, or right of property claimed, executed to the United States by the Commissioners of Georgia, which is in the following language:

"Whereas a treaty, or convention, has this day been made and entered into, by and between the United States and the Creek Nation, by the provisions of which the United States have agreed to pay, and the commissioners of the State of Georgia have agreed to accept, for and on behalf of the citizens of the State of Georgia having claims against the Creek Nation, prior to the year one thousand eight hundred and two, the sum of two hundred and fifty thousand dollars:

"Now know all men by these presents, that we, the undersigned, commissioners of the State of Georgia, for and in consideration of the aforesaid sum of two hundred and fifty thousand dollars, secured by the said treaty, or convention, to be paid to the State of Georgia, for the discharge of all bona fide and liquidated claims which the citizens of the said State may establish against the Creek Nation, do, by these presents, release, exonerate and discharge the said Creek Nation from all and every claim and claims, of whatever description, nature or kind the same may be, which the citizens of Georgia now have, or may have had, prior to the year one thousand eight hundred and two, against the said Nation. And we do hereby _a.s.sign, transfer and set over unto the United States, for the use and benefit of the said Creek Nation_, for the consideration hereinbefore expressed, all the right, t.i.tle and interest of the citizens of the said State to all claims, debts, damages, and property of every description and denomination, which the citizens of the said State have or had, prior to the year one thousand eight hundred and two, as aforesaid, against the said Creek Nation."

It were useless for the historian to criticise the language of these several instruments. The "claims" mentioned in them, and referred to the President, were mostly for slaves who left their masters during the Revolution, and prior to 1802; at least such was the construction given to the treaty, the agreement and a.s.signment by the parties; and we cannot, at this day, a.s.sert that they did not understand their own compacts.

The Creeks were to receive two hundred thousand dollars in cash; and the United States agreed to pay to Georgia her claims, provided they did not exceed _two hundred and fifty thousand dollars_. The amount due to Georgia was to be ascertained by the President, and paid by the United States. The third, and a very important point was the _a.s.signment_ to the United States, for the benefit of the Creek Indians, of the interest vested in the claimants to the _property_ and _persons_ claimed--the _United States to hold such interest in trust_ for the Creek Indians.

By this arrangement, our Government became owners of the Exiles referred to, _in trust for the benefit of the Creeks_, according to the construction which the Indians, the authorities of the United States and those of Georgia, placed upon the a.s.signment, the agreement and treaty.

This important point, if borne in mind, will aid the reader in understanding the subsequent action of the Federal authorities in relation to this subject.

[Sidenote: 1822.]

In pursuance of this treaty, the President promptly appointed a commissioner to ascertain the amounts due the several claimants. But great difficulties had to be encountered. The claims commenced in 1775 and extended down to 1802, and it was extremely difficult to obtain evidence of facts which transpired so long prior to the examination.

Sufficient proof was produced, however, to satisfy the commissioner that ninety-two slaves had, within the periods mentioned, left their masters, in Georgia, and fled to the Indians; and the estimated value of slaves and other property lost to the owners in this manner, amounted to one hundred and nine thousand dollars.[54]

[Sidenote: 1823.]

This amount of money was duly appropriated by Congress. So far as we are informed, no member of the House of Representatives, or of the Senate, appears to have entertained doubts as to the propriety of this governmental slave-dealing. The whole negotiation and arrangement had been conducted and managed by Southern men, and Northern statesmen quietly submitted. Thus, after a struggle of thirty-eight years, the Slaveholders of Georgia, by the aid of our Federal Government, obtained compensation for the loss of their fugitive bondmen.

After the distribution of the amount found due to the claimants, there yet remained in the hands of the President one hundred and forty-one thousand dollars, being the remainder of the two hundred and fifty thousand appropriated by the treaty to secure the payment of these claims. This money apparently belonged to the Indians. The claimants for slaves could not have any t.i.tle to it, for they had expressly stipulated, that the award of the commissioner should be _conclusive_ upon the parties. The claimants, by that award, received full compensation for their loss; yet they next demanded of the President the hundred and forty-one thousand dollars which remained in his hands.

Notwithstanding the commissioners on the part of Georgia expressly agreed to abide by the award, and had a.s.signed all interest in the property and _in the persons_ residing with the Indians, to the United States, and had received their money in full, under the treaty; yet they desired to get the remainder, which was considerably larger than the amount awarded them by the commissioner.

CHAPTER VI.

FURTHER EFFORTS TO ENSLAVE THE EXILES.

Indians and Exiles on the Appalachicola River--Other Exiles at Withlaeoochee, St. John's, Cyprus Swamp, Waboo Swamp--Indians in various parts of Territory--Difficulty of the subject--President's Message--Committee of Congress--Interrogations--Mr. Penieres'

Answer--General Jackson's Answer--He relies on Force--United States recognize the Florida Indians as an Independent Band--Willing to treat with them--Difficulties--Instructions to Commissioners--Treaty of Camp Moultrie--Reservations--Covenants on part of United States--Covenants on part of the Seminoles--Congress makes no objection--Effect of Treaty--Its Objects--Election of the younger Adams--His Policy--Indian Agent, Colonel Humphreys--William P. Duval's Instructions--Claimants complain of the Agent--Commissioner of Indian Affairs reproves him--His Letter--Reply--Difficulty of Agent--Dangers which threaten the Exiles--Colored Man seized and enslaved--Indians Protest--Colonel Brooke's Advice--United States Judge expresses his Opinion--Effect on Exiles--Mrs. Cook's Slave--Demand for Negroes--Suggestions of Agent--Practice of Government--Treaty of Payne's Landing--Its Stipulations--Abram--His Character--Chiefs become Suspicious--Delegations sent West--Executive Designs--Supplemental Treaty--Major Phagan--Pet.i.tion of the People of Florida--Indors.e.m.e.nt thereon--Treaties approved by Senate--Creeks remonstrate--Payment of $141,000 to Slave Claimants--Supineness of Northern Statesmen--Creeks demand Exiles or Slaves--Georgians kidnap Exiles--Their Danger--They dissuade from Emigration--Their Warriors--Wiley Thompson's Statement--General Clinch's Interest--Colonel Eaton's Views--General Ca.s.s's Reply--His Address to Indians--He authorizes Slave trade--Effects of such License--Agent and others Remonstrate--He replies--Agent rejoins--Exiles prepare for War.

After the close of the war of 1818, many of the Seminole Indians took possession of the deserted plantations and villages along the Appalachicola River, whose owners had fallen in the ma.s.sacre of Blount's Fort, in 1816; and some of the Exiles united in reoccupying the lands which had been reduced to cultivation by their murdered brethren. Some six or eight small bands of Indians thus became resident along that river. The fertile bottom lands, near that stream, const.i.tuted the most valuable portion of Florida, so far as agriculture was concerned. These towns afforded convenient resting places for fugitive slaves, while fleeing from their masters in Georgia, Alabama, Tennessee and Louisiana, to the interior portions of Florida.

The United States, nor the slaveholders of the States named, could with any propriety whatever hold the Creek Indians responsible for the many refugees, who were now almost daily increasing the number of fugitives located far in the interior of Florida; and the difficulties attending the holding of slaves increased in exact proportion as the slaveholding settlements extended towards these locations; while the greater portion of the Exiles were taking up their residence farther in the interior of the territory, upon the Withlacoochee, the St. John's, the Big Cypress Swamp, the Islands in the Great Wahoo Swamp, and places far retired from civilization. The Seminole Indians were scattered extensively over different portions of the country; and although the United States now owned the unoccupied lands, it was difficult to determine upon any course of policy by which the difficulties, so long existing, could be terminated.

[Sidenote: 1822.]

The subject was alluded to by the President in his Annual Message to Congress (Dec. 3), and a select committee was appointed to take that portion of it into consideration. The committee propounded interrogatories to various officers of government, who were supposed capable of giving useful information in regard to the subject.[55]

In answer to these interrogatories, Mr. Penieres, Sub-Agent for the Florida Indians, replied, stating the number of Indians at more than five thousand, while the number of slaves which they held were estimated at only forty. These he declared to be far more intelligent than the slaves resident among the white people, and possessing great influence over their Indian masters. He alluded to the Exiles in the following language: "It will be difficult (says he) to form a prudent determination with respect to the 'maroon negroes,' (Exiles), who live among the Indians, on the other side of the little mountain of Latchiouc. They fear being again made slaves, under the American Government, and will omit nothing to increase or keep alive mistrust among the Indians, whom they, in fact, govern. If it should become necessary to use force with them, it is to be feared that the Indians will take their part. It will, however, be necessary to remove from the Floridas this group of freebooters, among whom runaway negroes will always find a refuge. It will, perhaps, be possible to have them received at St. Domingo, or to furnish them means of withdrawing from the United States!"

This gentleman appears to have had more knowledge of the Exiles, than was possessed by the officers of the United States, generally, who supposed that each negro must have a legitimate master. He appears, also, to have had sufficient humanity to suggest the plan of their _removal_, rather than their enslavement.

In answer to the interrogatories of this committee, General Jackson proposed to compel the Seminoles to _reunite with the Creeks_, by leaving Florida and returning to the Creek country; and closed his recommendation by saying, "this must be done, or the frontier will be much weakened by the Indian settlements, and be a perpetual harbor for our slaves. These _runaway slaves, spoken of by Mr. Penieres_, MUST BE REMOVED from the Floridas, or scenes of murder and confusion will exist."[56]

This suggestion of General Jackson for the removal of the Seminoles, both Indians and negroes, bears date September second, 1822, and is the first suggestion, of that precise character, of which we have knowledge.

General Jackson was a warrior, and had more faith in the bayonet than in moral truths. He trusted much to physical power, but had little confidence in kindness, or in justice or moral suasion. He was an officer of great popularity, however, and it is not unlikely that his views had greater weight with those who followed him in official life, than their intrinsic merits ent.i.tled them to. It is certain that his policy of removing the Indians and Exiles from Florida, was subsequently adopted by him while President, and has continued to be the cherished object with most of his successors in that office.

The controversy between the State of Georgia and the Creeks had been settled at Indian Springs. In the treaty entered into at that place, the United States had held the Creek Nation responsible for the action of the Seminoles, under the plea that they were a part of the Creek Nation.

Having obtained two hundred and fifty thousand dollars from the Creeks in this way, to satisfy the slave claimants of Georgia, the Executive now suddenly became satisfied that the Seminoles were a distinct and independent tribe, and he prepared to treat with them as such.

Commissioners were appointed for that purpose, and efforts made to collect their chiefs, warriors and princ.i.p.al men, in order to carry out this object.

[Sidenote: 1828.]

Suspicious of the objects which prompted this proposal, the Indians were unwilling to meet the commissioners. Runners were sent to the different bands, and eventually some thirty or forty were collected. These were declared by the commissioners to represent a majority of the Seminole tribe, and (Sept. 18) they proceeded to form the treaty of "Camp Moultrie." The letter of instructions, from the Secretary of War, was specific on one point only. The commissioners were directed to so arrange the treaty, as to constrain the Indians to settle within the territory south of Tampa Bay, excluded from the coast on all sides by a strip of country at least fifteen miles in width. This would have taken from them their most fertile lands on the Suwanee River, the Appalachicola River, and in the vicinity of the Mickasukie Lake. Some six chiefs, who had taken possession of the plantations which had been opened and cultivated by the Exiles murdered at "Blount's Fort," refused to sign the treaty. They were, however, prevailed upon to agree to the treaty, when it had been so modified as to give them each a reservation of fertile lands, to meet their own necessities.

By agreeing to these stipulations, the commissioners obtained their signatures to the treaty--the United States guaranteeing to the Indians peaceable possession of the country and reservations a.s.signed them. They also covenanted to "_take the Florida Indians under their care and patronage, and_ AFFORD THEM PROTECTION AGAINST ALL PERSONS WHATSOEVER,"

and to "_restrain and prevent all white persons_ from hunting, settling, or otherwise _intruding_, upon said lands." They also agreed to pay the Indians six thousand dollars in cattle and hogs, furnish them with provisions to support them one year, and pay them five thousand dollars annually for twenty years. But one great object of the treaty was embraced in the seventh Article, which was expressed in the following language:

"The chiefs and warriors aforesaid, for themselves and tribes, stipulate to be active and vigilant in preventing the retreating to, or pa.s.sing through, the district, or country a.s.signed them, of any absconding slave, or fugitives from justice; and they further agree _to use all necessary exertions to apprehend and deliver the same to the agent_, who shall receive orders to compensate them agreeably to the trouble and expense incurred."

It is worthy of note, that the commissioners, acting under instructions of the Secretary of War, now a.s.sured the Seminoles that they had been a separate and independent tribe more than a century; while other commissioners, acting under instructions from the same Secretary, only twenty months previously, insisted that the Seminoles were, at that time, a part of the Creek tribe; and on that a.s.sumed fact, the Creeks were held responsible for the value of such slaves as left their masters during the Revolution and prior to 1802, and took up their residence with the Seminoles. But these contradictory positions appeared to be necessary to sustain the slave interest.

It may be remarked that from the signing of this treaty, there was no longer any controversy between our Government and the Creeks in relation to fugitive slaves. That quarrel was transferred to the Seminoles; and now, after thirty-four years have pa.s.sed away, and many millions of treasure have been expended, and thousands of human lives sacrificed, at the moment of writing these incidents, our army is actively employed in carrying on the contest which arose, and for more than the third of a century has been almost constantly maintained, for the recapture and return of these people; and although our members of Congress from the free States had witnessed the long and expensive contest, and the vast sacrifice of blood and treasure, which had been squandered in efforts to regain possession of the Exiles; yet we do not find any objection to have been raised or protest uttered against this new treaty, in either branch of our National Legislature. Indeed, so far as we have information on the subject, the appropriations for carrying it into effect were cheerfully made, without objection.

This compact drew still more closely the meshes of the federal power around the Exiles. The United States now held what is called in slaveholding parlance the "legal t.i.tle" to their bones and sinews, their blood and muscle, while the Creek Indians were vested with the entire beneficial interest in them. But neither the United States nor the Creek Indians had been able to reduce them to possession. The white settlements were, however, gradually extending, and the territory of the Seminoles was diminishing in proportion; and it was easy to foresee the difficulties with which they were soon to be surrounded.

By the treaty, many of their cultivated fields, and most of the villages, which they had recently defended with so much bravery, were given up to the whites, and those who had so long occupied them, were compelled to retire still further into the interior, and commence new improvements. A few Exiles remained with the chiefs who held reservations upon the Appalachicola. Those who remained, however, were persons who had become connected by marriage with the Indians belonging to those small bands, from whom they were unwilling to separate.

To this treaty some writers have traced the causes which produced the recent "Florida War." They attribute to its stipulations that vast sacrifice of treasure, and of national reputation, which has rendered that territory distinguished in history. With that war, our present history is connected only so far as the Exiles were concerned in its prosecution; but it would appear difficult for any historian to overlook the important fact that obtaining possession of fugitive slaves const.i.tuted the moving consideration for this treaty, and the primary cause of both the first and second Seminole wars.

[Sidenote: 1824.]

Most of this year was occupied in removing the Indians to their new territory. They also suffered severely for the want of food, and the attention of both Indians and officers of Government appears to have been occupied with these subjects.