great difficulties interrupt the progress of the war.
john ross, the cherokee chief, demands the release of wild cat and other chiefs—answer of secretary of war—mr. everett’s resolution in congress—secretary’s report—general jessup’s answer—agitation in congress—hon. john quincy adams—hon. william slade—difficulty with creek warriors—the exiles who had been captured by the creeks—arrangements for emigrating both indians and exiles—indians at charleston, and negroes at tampa bay, transported to fort pike—families again united—sympathy excited—general gaines becomes engaged in their behalf—his noble conduct—embarrassment of commissioner of indian affairs, and of the secretary of war—singular arrangement—discrepancies unexplained—a slave-dealer professes to purchase ninety of the exiles, in order to relieve the government—appoints his brother-in-law an agent to receive them—department furnishes the necessary vouchers—sudden change of policy—sixty exiles claimed by a slave-dealer named love—general gaines appears on behalf of exiles—his able defense—court renders judgment discharging rule—thirty-six exiles released by love—lieutenant reynolds with the indians, and all but these thirty-six exiles, take passage for fort gibson.
while general jessup was engaged in carrying out the designs of the administration by artifice, and by force, events of a serious character were transpiring at washington which demanded the attention of both the executive and himself. john ross, principal chief of the cherokee nation, learning the manner in which osceola, wild cat, and other seminole chiefs and warriors, had been betrayed and seized, while visiting general jessup under a flag of truce, by advice and at the suggestion of the cherokee delegation, wrote an able and very spirited letter to the secretary of war, demanding the release of the prisoners thus captured in violation of the principles of civilized warfare.
the secretary attempted a vindication of general jessup, and an interesting correspondence followed, marked with great ability, in which ross, with much force, exhibits what he seemed to regard as the perfidious treatment to which the seminoles had been subjected, while acting under the advice of himself and his country-men, and protected by the flag of truce, which had ever been recognized and held sacred as the inviolable emblem of peace. this was the first exposure of the manner in which this disastrous war had been conducted. up to that time no member of congress, or executive officer, appears to have uttered an objection or protest against the war, or against the manner in which it was carried on. ross was at the city of washington, and mingled freely with members of congress, and in private conversations called their attention to the facts stated.[113]
mr. everett, of vermont,[114] a man of great experience and ability, moved a resolution (march 21) in the house of representatives, calling on the secretary of war for such information as he possessed touching the capture of indians, while visiting the american army under flags of truce. the resolution was adopted, and, in reply, the secretary of war (april 11) transmitted the answer of general jessup, in which he rests his justification, upon the bad faith which, he alleges, the indians had previously exhibited towards the united states. this answer occupies some fifteen documentary pages, most of which are filled with the facts already known to the reader.
after the report of the secretary of war had been printed, mr. everett gave his views upon the facts, in a speech which attracted much attention in the country. the people were already turning their attention to the subject of slavery. petitions were sent to congress calling on that body to abolish the institution within the district of columbia. the hon. john quincy adams had thrown the weight of his influence in behalf of the right of petition, and was known to be opposed to the institution. hon. william slade, a member of the house of representatives from vermont, had openly avowed his deep and heart-felt sympathy with the abolitionists, who were striving to direct the popular mind to the crimes of the “peculiar institution,” as slavery was then called.
it was evident, that a full exposure of the causes which led to the florida war, and of the manner in which it had been prosecuted, would tend to defeat the democratic candidate in the next presidential campaign. it was therefore clearly the policy of that party, and of the administration, to maintain as great a degree of silence as possible upon all these subjects.
among the early difficulties presented to the consideration of the war department, was the settlement with the creek warriors who had served under the contract made by order of general jessup, in 1836, to give them a certain gross amount in cash, and all the plunder they could capture—which general jessup and the creeks understood to embrace negroes, as well as horses and cattle.
the general, by his order, had directed eight thousand dollars to be paid to them, and twenty dollars for each negro belonging to citizens, who had been captured by them and delivered over to the claimants.
this disposal of the public treasure by an individual, was most clearly unauthorized, either by law or by the constitution; yet the order had been approved by the executive, and had been made the act of the president, who thus assumed the moral and political responsibility attached to this gross violation of law, and of the constitution.
the question how this charge upon the treasury was to be met, seems to have borne heavily upon the mind of the commissioner of indian affairs, and he expressed this difficulty to general jessup. that officer, being less familiar with matters of finance than with those of a strictly military character, replied, that the amount might with propriety be charged to the annuities due the seminoles; but as that fund was under the supervision of congress, it would not do to charge it over to that appropriation, lest it should create agitation.
another difficulty was, as to the disposal of the negroes themselves. they were now said to be the “property of the united states;” and the question very naturally arose, what shall be done with them? this question was also propounded to general jessup by the commissioner of indian affairs. the general replied, that he thought it best to send them to africa, for the benefit of civilization on that coast. but that could not be done except by appropriations made by congress; and it was feared that, to ask congress for an appropriation of that character, might lead to the disclosure of unpleasant facts.[115]
in the meantime, arrangements were made to send the prisoners, both indians and exiles, to the western country, without any particular decision in regard to the ninety negroes captured by the creek warriors, and sent to fort pike as the property of the united states, and fed and clothed at the public expense for more than a year.
agreeably to orders from the war department, general jessup detailed lieutenant j. g. reynolds to superintend the emigration, as disbursing agent, and w. g. freeman as an assistant. these appointments were approved by the department; and transports were engaged to take such prisoners as were at charleston, south carolina, around the peninsula of florida to tampa bay, on the western coast, and thence to new orleans.
there were at that time many negroes at tampa bay, intentionally separated from the indians, who had been sent, at the same time, to charleston. major zantzinger wrote the commissioner of indian affairs, to know how these negroes at tampa bay were to be disposed of. the commissioner immediately answered by letter, directed to lieutenant reynolds, saying, “i have to instruct you, that all of those negroes mentioned by major zantzinger, which are the property of the seminoles,[116] are to be received with, and to constitute a portion of, the emigrating party for all purposes of transportation and subsistence. * * * * you will consider it your duty to call at tampa bay, receive this party, and transport it to the west with the detachment now at new orleans.”
this direction required lieutenant reynolds to transport the ninety exiles, sent to new orleans on the second of june, 1837, to the western country; for they constituted a part of “the detachment at new orleans,” which he was directed to transport west. they had been captured while fleeing from our army, and of course were nearly all of them women and children, who, by the fortunes of war, had been separated from their husbands, and fathers, and brothers, that were left behind in the indian country. those husbands, brothers and fathers, were among the first to capitulate in order to rejoin their families from whom they had thus been separated. many exiles had been betrayed and seized at fort peyton. some had surrendered at volusi; others had capitulated at fort jupiter; others had come in and given themselves up at different posts: and all these were assembled for transportation at “tampa bay,” where they awaited arrangements for sending them to the western country.
major general gaines was at that time commanding the south-western division of the army of the united states; and fort pike was situated within his military district. lieutenant reynolds had taken the prisoners at charleston on board the transports; had sailed around the peninsula of florida; called at tampa bay; had taken on board the negroes assembled at that point, and had reached fort pike.
members of families long separated were now united. fathers embraced their wives and children, whom they had not seen for more than a year; brothers and sons embraced their sisters and mothers; and all exhibited those deep sympathies of the human heart, which constitute the higher and holier emotions of our nature. the officers and soldiers who witnessed this scene could not but feel interested in these people, many of whose ancestors had fled from oppression generations previously, and who, for more than half a century, had been subjected to almost constant persecution. it was undoubtedly owing to these circumstances, that so many of the officers of our army became deeply interested in securing their freedom.
major zantzinger was in command at fort pike; but he could only act under the direction of his superior officers. lieutenant reynolds, therefore, applied to major general gaines for orders to major zantzinger to deliver the exiles at fort pike to him for emigration. from the peculiar language used in this order, it is most evident that general gaines expected some effort would be made to prevent the emigration of the exiles, then resident at fort pike. the order is so unusual in its tone and language, that we insert it, as follows:
“to major zantzinger, or the officer commanding at fort pike, or the officer who has charge of the slaves, or other servants, belonging to, or lately in possession of, seminole indians, now in charge of lieutenant reynolds, destined to the arkansas: you will, on receipt hereof, deliver to the said reynolds all such slaves or servants belonging to, or claimed by, or lately in possession of, the said seminole indians to be conducted by him in their movements to the arkansas river, where the indians, or their slaves or servants, are to be permanently located and settled: taking triplicate receipts for said slaves or servants, one of which will be forwarded to the undersigned.
edmund p. gaines,
maj. gen. u. s. a., commanding.”
the above order was dated on the twenty-first of march. the next day lieutenant reynolds inclosed a copy to the commissioner of indian affairs, saying, he should commence his voyage west with the emigrants, and adding, “it is not my intention to remove the negroes from fort pike until ready for departure, as i am convinced that many individuals with fraudulent claims are in a state of readiness, and only waiting the arrival of the negroes in this city (new orleans) to carry their object into effect. the measures i shall adopt will bar their intention.”
this letter explains the reason of the precise and specific terms in which the order of general gaines was expressed. it is due to the memory of general gaines, and to the character of lieutenant reynolds, that their determined efforts to preserve the liberties of these people, so far as they were able, should find a place in history. the war had been commenced and prosecuted for the purpose of seizing and returning to bondage all those people whose ancestors had once fled from oppression. it was the avowed policy of the administration to prevent these ninety exiles, who had been captured by the creek indians, from going to the western country, preferring to have them consigned to slavery in georgia or florida, rather than enjoy freedom in the new homes assigned to the indians in the west. this feeling had encouraged desperate men to make unfounded claims to their persons: and it should be recorded to the honor of many of our officers, that they were active and vigilant in their efforts to defeat these piratical claims, and the exertions of the president and heads of the various executive departments, to consign these people to interminable bondage. in order to do justice on this subject, it is necessary to permit all concerned to speak for themselves, so far as convenience will allow. to carry out this object, the reader will excuse our frequent quotations from official documents.
on the twenty-sixth of march, lieutenant reynolds wrote the commissioner of indian affairs, dating his letter at “new barracks,” below new orleans, saying, “the indian negroes will be received at fort pike, and brought to this place, via the mississippi river. this course was adopted with the concurrence of general gaines. everything will be in readiness to embark soon as the boat arrives. general gaines has directed that the guard under the direction of lieutenant wheaton shall proceed with me.”
major zantzinger, who commanded at fort pike, appears to have felt some delicacy at delivering up the negroes on the order of general gaines, and, with those impressions, wrote general jessup, inquiring as to that point. he received an answer, dated seventh of april, approving his course, and saying, “the removal of the negroes was proper; they were either free, or the property of the indians.”
all these proceedings were reported to the proper department at washington. about the time, or soon after, they would naturally reach that city, william armstrong, acting superintendent of the indians in the western territory, evidently in the joint service of our government and of the creek indians, addressed a note to the commissioner of indian affairs, dated at washington city, april twenty-third, 1838, saying, “when general jessup called upon volunteers to go to florida, he promised them all the property they could capture. accordingly, the creeks captured near one hundred negroes, which they left in possession of the officers of the united states. what has become of these negroes? will they receive them, or their value, as promised?”
the difficulty attending the transformation of men into chattels now increased so much, that the commissioner of indian affairs addressed a letter to the hon. secretary of war, which is so characteristic of the manner in which the administration of our government was then conducted, that we give the letter in full:
“war department,
“office of indian affairs, may 1, 1838.
“sir: i have the honor to submit for the consideration and decision of the department a question that has been presented by the superintendent of the western territory, (captain armstrong.)
“in september last, general jessup advised the department that he had purchased from the creek warriors all the negroes (about eighty in number), captured by them, for $8,000, and this purchase was approved on the seventh of october. at a subsequent date, he wrote that he had supplied lieutenant searle with funds, and directed him to make the payment. it is believed, however, that the warriors refused to take the sum named, lieutenant searle having made no such payment, and the delegation here asserting that they never received it. it is now asked, whether they will be permitted to take the negroes, or be paid their value? it was suggested by general jessup, that the consideration for the captives would be a proper charge on the seminole annuity. but this would deprive the friendly portion, who have emigrated, of what they are justly, and by law, entitled to, and to a certain extent would be paying the creeks with their own money; for the fourth article of the treaty with the seminoles, of may ninth, 1832, provides, that ‘the annuities then granted shall be added to the creek annuities, and the whole amount be so divided that the chiefs and warriors of the seminole indians may receive their equitable proportion of the same as members of the creek confederation.’ independently of this difficulty, i would respectfully suggest, whether there are not other objections to the purchase of these negroes by the united states? it seems to me, that a proposition to congress to appropriate money to pay for them, and for their transportation to africa, could its authority for that course be obtained, or for any other disposition of them, would occasion great and extensive excitement. such a relation assumed by the united states, for however laudable an object, would, it appears probable, place the country in no enviable attitude, especially at this juncture, when the public mind here and elsewhere it so sensitive upon the subject of slavery. the alternative would seem to be, to deliver the negroes to the creeks, as originally agreed on. the subject involves so many delicate considerations, that i respectfully invite your attention to it, and your direction as to the answer to be given to the delegation now in the city. as early a decision of this question as practicable, is very desirable: the indians intending to leave this place in four or five days, and being anxious that this matter should be disposed of before they go.
“very respectfully,
your most obedient servant,
c. a. harris, commissioner.
captain s. cooper, acting sec’y of war.”
“p. s.—if it should be determined to deliver them to the creeks, i would suggest, as the opinion of this office, that it would be impolitic for them to be taken to the country west, and that so far as the department may of right interfere in regard to the ultimate disposition, it should endeavor to have it effected in some other mode.
c. a. h.”
it is no part of our duty to comment on these proceedings; yet we are constrained to say, that no historian has, or can explain the reason of delay on the part of the creek indians, in regard to their claim to these people, for more than an entire year, upon any principles of consistent action. general jessup said, in his official communications, they had received their pay, and that “the negroes were the property of the government;” and the department had approved his whole course on this subject. the creeks, so far as we can learn, left the country and went west, perfectly satisfied. this delegation had been some months in washington, and, as the commissioner of indian affairs says, were to leave in four or five days; when, for the first time, they mentioned the subject, although the negroes had been detained from them, as they allege, in direct violation of their contract. they appear to have rested satisfied until difficulties from other quarters were presented to the administration. and these letters may all easily be explained, as the carrying out of a previous understanding between these officers and the creek indians. however that may be, the commissioner of indian affairs wrote captain armstrong, superintendent of the western territory, as follows:
“war department,
“office of indian affairs, may 5, 1838.
“sir: the secretary of war has directed that the negroes belonging to the seminoles, and captured by the warriors in florida, shall be placed at the disposal of the delegation now in this city. but before this can be carried into effect, it will be necessary to be satisfied that the warriors have not received the $8,000 promised in the agreement with general jessup; to ascertain accurately their number and identity, and the claims of citizens upon any of them. for all to which such claims can be established, $20 each will be allowed. from the information now here, the number is supposed to be between sixty and seventy, the original number having been reduced by sickness. all the facts herein indicated will be required as early as practicable; but some time must necessarily elapse. it is the opinion of the department, that it will be impolitic to take these negroes west, and that they should be otherwise disposed of. any arrangement the delegation may make respecting them, and submit to this office, will be sanctioned, and instructions given for such action as may be proper on the part of the government.
“very, &c., c. a. harris.
capt. wm. armstrong,
washington.”
one feature in these communications stands out prominently to the view of the reader: the number of these victims appears to have undergone constant diminution. general jessup reported the number sent to fort pike at ninety. in his previous letter, addressed to the secretary of war, commissioner harris states the number at eighty; and in this communication, written four days subsequently, he states the number to be between sixty and seventy; while the official registry shows there was one hundred and three—of whom some, however, undoubtedly died.
if the honorable secretary of war intended these people should be delivered over to the creek indians as their property, it would be difficult to understand by what law he should himself attempt to control them, in the subsequent disposition of their legalized chattels, or by what authority he should object to their going west.
it will however be seen that one point yet remained undecided. the negroes were not to be delivered until it was ascertained that the creeks had not received the eight thousand dollars, agreeably to the order of general jessup in september, 1837.
fortunately, a lieutenant sloan, who had acted as a disbursing agent of the united states, was at that precise time in washington city. he stated to the commissioner of indian affairs, in a letter dated may sixth, being the day after this decision of the secretary of war, assuring him that he had learned from lieutenant searle himself that the indians refused to accept the eight thousand dollars for their interest in the negroes. these statements constituted a series of supposed facts, which appears to have been regarded as necessary to authorize the subsequent proceedings.
this evidence was, accordingly, deemed satisfactory; and the creek indians were now declared to be the owners of these ninety exiles, under the original contract made between them and general jessup, in 1836: thus abrogating the order of general jessup, no. 175, and setting aside the approval of that order by the department of war itself—which was dated the seventh of october, 1837—leaving the united states to sustain the loss incurred by feeding and clothing the prisoners, and guarding them for thirteen months.
at this time a slave-dealer by the name of james c. watson, said to reside in georgia, happened to be also at the seat of government, as was common for southern gentlemen during the sessions of congress. to this man the officers of government now applied for aid, in extricating themselves from the difficulty into which they had been brought by this slave-dealing transaction. even the secretary of war is said to have encouraged watson to purchase those negroes of the creek indians.[117] by request of these public functionaries, and at their instance, mr. watson declares he was induced to purchase the negroes, and to give between fourteen and fifteen thousand dollars for them.[118] it was perhaps the heaviest purchase of slaves made in the city of washington during that year, and certainly the most dignified transaction in human flesh that ever took place at the capital of our nation, or of any other civilized people; inasmuch as the high officers of this enlightened and christian confederation of states constituted a negotiating party to this important sale of human beings.
the purchase appears to have taken place on the seventh of may; and watson, being unable to go immediately to new orleans, authorized his brother-in-law, nathaniel f. collins of alabama, as his agent and attorney, to repair to that city and take possession of the prisoners. yet the whole business appears to have been carried on in the name of the creek indians.
on the eighth of may, five persons, styling themselves “chiefs, head-men and delegates of the creek tribe of indians,” filed with the commissioner of indian affairs a request, stating that they had appointed nathaniel f. collins, esq., of alabama, their agent and attorney, to demand and receive from general jessup the negro slaves which the creek warriors had captured in florida, under their agreement with that officer, made in september, 1836, and requesting the department to furnish the proper order for obtaining possession of the slaves from the officer having them in charge. this request was communicated to the secretary of war the next day, by the commissioner of indian affairs, and constitutes a part of the record; and, coming from that department of government most implicated in this slave-dealing transaction, we place it before the reader:
“war department,
office of indian affairs, may 9, 1838.
sir: the decision made a few days since, requesting that the negroes captured by the creek warriors in florida, should, in compliance with the engagement of general jessup, be delivered to the delegation now here, has been communicated to them with the intimation that, when they had determined what disposition would be made of them, and communicated information of the same to this department, the necessary orders would be issued. in a communication just received from the delegation, they state they have appointed nathaniel f. collins, of alabama, their attorney in fact to receive the negroes. i have the honor to request that an order be issued to the commanding officer at fort pike; to major isaac clark, at new orleans; to the commanding officer in florida, and to any other officer who may have charge of them, to deliver to mr. collins all the negroes in question. he will, of course, hold them subject to the lawful claims of all white persons. abraham and his family should be excepted, in consequence of a promise made by general jessup. the officers should be instructed to use due caution, so as to deliver only those captured by the creeks. it is proper to remark, that it appears from a letter received from lieutenant sloan, that these indians refused to receive the $8,000, offered them under the direction of general jessup, for their interest in these negroes.
very respectfully,
your most obedient servant,
c. a. harris.
capt. s. cooper, acting sec. of war.”
on the same day, mr. collins was furnished with written instructions, which, being also important, are presented to the reader:
“war department,
“office of indian affairs, may 9, 1838.
“sir: having been notified by the creek delegation that they have appointed you their agent and attorney in fact, to receive the negroes captured by their warriors in florida, which, by the decision of the secretary of war, are to be delivered up to them, in conformity to the agreement made with them by general jessup, i have the honor to transmit herewith the copy of a communication to the secretary of war on the subject, which has received his approval. orders will be given to the officers therein named to carry the measure into effect, in conformity to the recommendation. captain morrison, superintendent of seminole emigration at tampa bay, and lieutenant reynolds, engaged in removing a party of the same, at new orleans, have been instructed to assist and co?perate in the matter. herewith you will receive the copy of a list of negroes captured by general jessup, which, it is believed, embraces the negroes to which the creeks are entitled; but as this is not certain, much caution should be used in identifying them. it is supposed that all these negroes now alive are at fort pike; but some of them may be at tampa bay, or other places: it will be for you to find them. no expense of any nature whatever, growing out of this matter, will be paid by the united states.
c. a. harris, comm’r.
n. f. collins,
washington, d. c.”
preparations being now perfected, and the whole matter being fully understood, mr. collins left washington on the following morning, prepared to bring those fathers, and mothers, and children, back to servitude in georgia, from which their ancestors had fled nearly a hundred years previously; and this nefarious work was thus encouraged and sanctioned by our government.
of these movements the exiles were ignorant. many hearts were moved in sympathy for them, and many of our military officers were active in their endeavors to defeat the machinations of the president and the war department.
lieutenant reynolds found it necessary to return to florida before leaving new orleans with his party of emigrants. while he was absent, the efforts of slaveholders to re?nslave these people appeared to increase, and they became more bold, although collins had not yet appeared, clothed with the authority of government, to effect their enslavement.
general gaines, commanding the western military district of the united states, and residing at new orleans, as if premonished of the arrival of this national slave catcher, issued his peremptory order (april 29), directing major clark, acting quarter-master at new orleans, to make arrangements for the immediate embarkation and emigration of the seminole indians and black prisoners of war, at that time in louisiana, to the place of their destination on the arkansas river, near fort gibson.
major clark being thus placed in charge of the prisoners for the purpose of emigrating them, at once informed the commissioner of indian affairs, that claims were “made for about seventy of the seminole negroes, and the courts here have issued their warrants to take them. the united states district attorney has been consulted. he gives it as his opinion, that the sheriff must be allowed to serve the process. it appears they are claims from georgia, purchased from creek indians. no movement of the indians or negroes can be made at present. the indians are almost in a state of mutiny.”
this state of feeling arose from these attempts again to separate the indians and negroes. many of them were intermarried: they had been separated; their families broken up, but were now reunited, and they determined to die rather than be again separated. the exiles had also fought boldly beside the indians; they had encountered dangers together, and had become attached to each other; and soon as the subject of surrendering the exiles to bondage was named, the indians became enraged, threatening violence and death to those who should attempt again to separate them from the exiles.
the claimants mentioned by major clark, were from georgia. the pirates who robbed e-con-chattimico and walker of their slaves and seized the exiles resident with those chiefs, as stated in a former chapter, were from georgia. watson, the more dignified dealer in human flesh, and acting in accordance with the advice of the secretary of war, was also from georgia; and all these claims were said to be derived from creek indians, who, as we have seen, professed to own all the exiles who fled from georgia after the close of the revolution, and prior to 1802, together with their descendants.
information, respecting these difficulties of re?nslaving the exiles, reached the authorities at washington, and created great embarrassment. the war department appears never to have anticipated that negroes, who were already prisoners of war, would find friends or means to awaken the sympathy of others. but it was clear that any litigation would make the public acquainted with the facts.
it will be recollected that on the tenth of may, the commissioner of indian affairs wrote an order, directed to general jessup, to deliver up near one hundred of these exiles to collins, the agent of watson, and two days later—that is, on the twelfth of may—he wrote thomas slidell, district attorney of the united states at new orleans, saying, “it is represented to this department, that the emigration of the seminoles, now near new orleans, has been impeded by claims set up to some of their negroes. i am directed by the secretary of war to request that you will give the indians your advice and assistance, and by all proper and legal means protect them from injustice and from harrassing and improper interferences with their property and persons. it is of the highest importance that, if possible, no impediments should be suffered to be thrown in the way of their speedy conveyance to their country, west of arkansas.”
it is a historical curiosity, that the secretary of war should so often change his policy. he had, as the reader is aware, exerted his influence to prevent those exiles, who had been captured by the creeks, from going west.
on the fifth of may, commissioner harris declared—“it is the opinion of the department that it will be impolitic to take these negroes west;” and on the ninth, acting under the direction of the secretary of war, he furnished mr. collins with authority to demand and receive these people, and instructions were also issued “to the officer commanding at fort pike; to major isaac clark at new orleans; to the commanding officer at florida, and to any other officer who may have the negroes in charge,” to deliver them to mr. collins; while three days afterwards he assures mr. slidell, as before stated, “it is of the highest importance that, if possible, no impediments should be suffered to be thrown in the way of their speedy conveyance to their country, west of arkansas.” this letter to mr. slidell was inclosed in another of the same date, addressed to major clark, as follows:
“sir: i have the honor to acknowledge the receipt to-day of your letter of the third instant.
“the enclosed copy of a letter of this date to the united states district attorney will show you what measures have been adopted in relation to the claims set up to the seminole negroes. this is all that this department can do in this matter.
“it is very much to be regretted, that anything has occurred to prevent the speedy emigration of these indians. i will be greatly obliged to you, should no emigrating agent be at new orleans, to give all the aid in your power in removing the difficulties which are thrown in their way.”
while the executive officers at washington, the creek indians, and the slave-dealer watson, were arranging their contracts and perfecting their plans for enslaving those exiles, who had been captured with the assistance of the creek warriors, an important and most spirited contest was progressing in new orleans.
before one of the courts of the state of louisiana, a slave-dealer by the name of love, claimed title to the bodies, the bones and muscles, the blood and sinews, of some sixty of these persons, held by the united states as prisoners of war. they had been captured by our troops as hostiles; had been held for thirteen months as prisoners of war; had been fed, and clothed, and guarded, at the expense of the people of the united states: but they were now claimed as the property of love. this absurdity was presented before an enlightened court as a grave question of international law; and a determined effort was put forth before that state tribunal to change the law of nations; to modify the law of nature and of nature’s god, so far as to transform men into chattels, and declare these prisoners of war to be the property of their fellow men.
love demanded the exiles of general gaines, who was in actual command of the western military district of the united states, and by virtue of his office held control of the exiles while in his district. bred to the profession of arms, he had made himself familiar with those principles of natural, of international, law which point out the rights of belligerents, whether they belong to the victorious or the vanquished nation. being advised that efforts were making to get possession of these exiles for the purpose of re?nslaving them, he indicated to the officer in command at the barracks the propriety of retaining possession of them as he would of other prisoners of war.
on the second of may, the sheriff of new orleans appeared at the barracks, and desired to pass 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 indorsement 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 asserted 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 assumed 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 assisting 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 assume 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 assume, for the learned counsel of the claimant, that he will never have the temerity to assert 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, assuring the court, that they were never captured from the white people “in the present, or in any former war.”
the ground which he assumed, 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, assisted by government, to re?nslave 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 title. 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 passengers 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.
