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This talk made the agent very angry; he told them that they should stand by the treaty at Payne’s Landing; he desired them to retire, and when they came again to act like chiefs and honourable men.

“October 25, 1834. The council convened at 11 o’clock. Interpreters as yesterday.

“The agent said to the council, ‘I am ready to receive your answers to the questions which I submitted to you.’

“Holato Mico.—‘I have only to repeat what I said yesterday, and to say that the twenty years from the treaty at Moultrie has not yet expired. I never gave my consent to go west; the whites may say so, but I never gave my consent.’

“Jumper.—‘We are not satisfied to go until the end of twenty years, according to the treaty at Camp Moultrie. We were called upon to go to the west, beyond the Mississippi. It is a good country; this is a poor country, we know. We had a good deal of trouble to get there; what would it be for all our tribe.’

“Miconopy.—‘I say, what I said yesterday, I did not sign the treaty.’

“Agent.—‘Abraham, tell Miconopy that I say he lies; he did sign the treaty, for here is his name.’”

Miconopy here asserts that he did not sign the treaty, which certainly appears to be a falsehood: but it should be remembered that, by the agent’s own admission, it was only a conditional signature by a portion of the chiefs, provided that they liked the location offered to them; and as they objected to this, the treaty was certainly, in my opinion, null and void. Indeed, the agent had no right to demand the signatures when such an important reservation was attached to the treaty. I do not give the whole of the agent’s reply, as there is so much repetition; the following are extracts:—

“I have told you that you must stand to your bargain. My talk is still the same. You must go west. Your father, the President, who is your friend, will compel you to go. Therefore, be not deluded by any hope or expectation that you will be permitted to remain here. You have expressed a wish to hear my views and opinion upon the whole matter. As a man, and your friend, I will this day deign to reason with you; for I want to show you that your talk of today is the foolish talk of a child.

“Jumper says, they agreed at Payne’s Landing to go and examine the country west, but they were not bound to remove to it until the nation should agree to do so, after the return of the delegation; and he adds, what others of you have said, that the treaty at Camp Moultrie was to stand for twenty years. Such a talk from Jumper surprises me, for he is a man of sense. He understands the treaty at Payne’s Landing, which he signed; he was the first named in that treaty, of the delegation appointed to go west; he knows that that treaty gave him and the members of the delegation authority to decide whether the nation should remove or not.

“The Creeks, Choctaws, Chickasaws and Cherokees, who live in the States, are moving west of the Mississippi river, because they cannot live under the white people’s laws; they are gone and going, and the Seminole nation are a small handful to their number. Two governments cannot exist under the same boundary of territory. Where Indians remain within the limits of a state or territory until the jurisdiction of a state or territory shall be extended over them, the Indian government, laws and chiefships, are for ever done away—the Indians are subject to the white man’s law. The Indian must be tried, whether for debt or crime, in the white man’s court; the Indian’s law is not to be known there; the Indian’s evidence is not to be admitted there; the Indian will, in every thing, be subject to the control of the white man. It is this view of the subject which induces your father, the President, to settle his red children beyond the limits of the states and territories where the white man’s law is never to reach you, and where you and your children are to possess the land, while the grass grows and the water runs. He feels for his red children as a father should feel. It is, therefore, that he made the treaty with you at Payne’s Landing, and for the same reason he will compel you to comply with your bargain. But let us look a little more closely into your own situation. Suppose (what is however impossible) that you could be permitted so remain here a few years longer, what would be your condition? This land will soon be surveyed, sold to, and settled by, the whites. There is now a surveyor in the country; the jurisdiction of the territory will soon be extended over this country. Your laws will be set aside, your chiefs will cease to be chiefs; claims for debt and for your negroes would be set up against you by bad white men, or you would perhaps be charged with crimes affecting life; you would be hauled before the white man’s court; the claims against you for debt, for your negroes or other property, and the charges of crime preferred against you, would be decided by the white man’s law. White men would be witnesses against you; Indians would not be permitted to give evidence; your condition, in a very few years, would be hopeless wretchedness.”

What an admission from their father, the President, after having, in the third article of the treaty of Camp Moultrie, declared that the United States will afford the Florida Indians protection against all persons whatsoever!!

“Thus, you may see, that were it possible for you to remain here a few years longer, you would be reduced to hopeless poverty, and when urged by hunger to ask, perhaps, of the man who thus would have ruined you (and is, perhaps, now tampering with you for the purpose of getting your property) for a crust of bread, you might be called an Indian dog, and be ordered to clear out. (Here Asseola, who was seated by Miconopy, urged him to be firm in his resolution.) Your father, the President, sees all these evils, and will save you from them by removing you west; and I will stand up for the last time to tell you, that you must go; and if not willingly, you will be compelled to go. I should have told you that no more annuity will be paid to you here. (Asseola replied, that he did not care whether any more was ever paid.) I hope you will, on more mature reflection, act like honest men, and not compel me to report you to your father, the President, as faithless to your engagements.”

“Asseola said, the decision of the chiefs was given; that they did not intend to give any other answer.

“Miconopy said—‘I do not intend to remove.’

“The Agent.—‘I am now fully satisfied that you are wilfully disposed to be entirely dishonest in regard to your engagements with the President, and regret that I must so report you. The talk which I have made to you must and will stand.’”

Thus, indeed, the council and the parties separated. The American government was supine, thinking, probably, that the Indians would not resist much longer; but the Indians, on the other hand, laid up large stores of powder and lead. Six months elapsed, and then the Indians were informed that they were to hear the last talk of the father, the President on this side of the Mississippi. On the 22nd of April, 1835, the Indians assembled, and had the following communication from General Jackson:—

“To the Chiefs and Warriors of the Seminole Indians in Florida

“My Children: I am sorry to have heard that you have been listening to bad counsels. You know me, and you know that I would not deceive, nor advise you to do any thing that was unjust or injurious. Open your ears and attend to what I shall now say to you. They are the words of a friend, and the words of truth.

“The white people are settling around you. The game has disappeared from your country. Your people are poor and hungry. All this you have perceived for some time. And nearly three years ago, you made an agreement with your friend, Colonel Gadsden, acting on the part of the United States, by which you agreed to cede your lands in Florida, and to remove and join your brothers, the Creeks, in the country west of the Mississippi. You annexed a condition to this agreement, that certain chiefs, named therein, in whom you placed confidence, should proceed to the western country, and examine whether it was suitable to your wants and habits; and whether the Creeks residing there were willing to permit you to unite with them as one people, and if the persons thus sent, were satisfied on these heads, then the agreement made with Colonel Gadsden was to be in full force.

“In conformity with these provisions, the chiefs named by you proceeded to that country, and having examined it, and having become satisfied respecting its character and the favourable disposition of the Creeks, they entered into an agreement with commissioners on the part of the United States, by which they signified their satisfaction on these subjects, and finally ratified the agreement made with Colonel Gadsden.

“I now learn that you refuse to carry into effect the solemn promises thus made by you, and that you have stated to the officers of the United States, sent among you, that you will not remove to the western country.

“My children: I have never deceived, nor will I ever deceive, any of the red people. I tell you that you must go, and that you will go. Even if you had a right to stay, how could you live where you now are? You have sold all your country. You have not a piece as large as a blanket to sit down upon. What is to support yourselves, your women and children? The tract you have ceded will soon be surveyed and sold, and immediately afterwards will be occupied by a white population. You will soon be in a state of starvation. You will commit depredations upon the property of our citizens. You will be resisted, punished, perhaps killed. Now, is it not better peaceably to remove to a fine, fertile country, occupied by your own kindred, and where you can raise all the necessaries of life, and where game is yet abundant? The annuities payable to you, and the other stipulations made in your favour, will make your situation comfortable, and will enable you to increase and improve. If, therefore, you had a right to stay where you now are, still every true friend would advise you to remove. But you have no right to stay, and you must go. I am very desirous that you should go peaceably and voluntarily. You shall be comfortably taken care of and kindly treated on the road, and when you arrive in your new country, provisions will be issued to you for a year, so that you can have ample time to provide for your future support.

“But lest some of your rash young men should forcibly oppose your arrangements for removal, I have ordered a large military force to be sent among you. I have directed the commanding officer, and likewise the agent, your friend, General Thompson, that every reasonable indulgence be held out to you. But I have also directed that one-third of your people, as provided for in the treaty, be removed during the present season. If you listen to the voice of friendship and truth, you will go quietly and voluntarily. But should you listen to the bad birds that are always flying about you, and refuse to remove, I have then directed the commanding officer to remove you by force. This will be done. I pray the Great Spirit, therefore, to incline you to do what is right.

“Your friend,

“A Jackson.

“Washington, February 16, 1835.”

Several of the Indian chiefs replied, wishing for amity but unwilling to quit; but the council was broken up by the agent, who informed them that he had been sent there to enforce the treaty: he had warriors enough to do it, and he would do it. It was the question now whether they would go of their own accord, or by force?

This determination on the part of the agent induced some of the chiefs to waver, and eventually eight principal chiefs and eight sub-chiefs signed the articles agreeing to remove; but Miconopy, the chief of the whole tribes, Jumper, the second in consequence, and three other powerful chiefs, refused. Upon this, the agent took upon himself the most unwarrantable responsibility, by saying, Miconopy was no longer chief of the nation, and that his name and the other opposing chiefs were now struck out of the council of the nation.

That such an act as this was the cause of the greatest irritation to the Seminoles there can be no doubt; and the conduct of the agent was reproved by the Secretary of War, who, in his letter, observes:—

“It is not necessary for me to enter into much detail on the subject presented by you. I understand from Mr Harris, that he communicated to you the President’s views on the subject of the chiefs whom you declined to recognise in all questions connected with the removal of the Seminoles. I understand that the President deemed this course an incorrect one; and it seems to me obviously liable to strong objections. We do not assume the right of determining who shall be the chiefs in the various Indian tribes; this is a matter of internal policy which must necessarily be left to themselves. And if, when we have a grave matter for adjustment with one of the tribes, we undertake to say it shall be determined by a particular class of individuals, we certainly should render ourselves obnoxious to censure. It appears to me the proper course, upon important questions, is to treat directly with the tribe itself; and if they depute their chiefs, or any other individual to act for them, we must either recognise such authority or abandon the object in view.”

In June 1835, Asseola, the chief of Micosukees, who did not appear at the council, but who was the most determined opponent of the treaty, came in to complain of the treatment his people had received from some white men, one of them having been wounded. He received no redress, and saying something offensive to the agent, he was thrown into prison. To obtain his release he promised to sign the treaty, at least, so it is said, and that he did sign it; but this must be considered only as an Indian stratagem: he had been imprisoned without any cause, and it is to be presumed that he thought himself justified in escaping by a corresponding fraud on his own part. The month after this occurrence, some of the tribe of Asseola murdered a government mail-carrier.

The Indians made one more effort: they called a council, and offered to remove to the west of the Mississippi, provided they had lands and an agent for themselves; but this was sternly refused by the government, who sent back as an answer, that their great father, General Jackson, had been “made very angry.” The attacks and depredations upon the Indians were now more frequent, and the majority of them determined upon resistance. Only six chiefs, out of all who had signed the treaty, acted to their word and brought in their cattle, etcetera, for the government agent, to be sold previous to their migration. Five of their chiefs removed to the protection of Brooke’s Fort, as they feared that the Seminoles would punish them for their revolt. One of them, Charley Amathla, was preparing to follow the others, when Asseola and two other chiefs went to his house and insisted that he should not remove his people. Charley Amathla replied that he had already pledged his word that he would abide by the promise which he made to their great father, and that if his life paid the forfeit, he felt bound to adhere to that promise. He said he had lived to see his nation a ruined and degraded people, and he believed that their only salvation was in removing to the West: that he had made arrangements for his people to go, and had delivered to the agent all their cattle, so that he had no excuse now for not complying with his engagements. One of the chiefs then informed him that the crisis was come: he must either join them in their opposition, or suffer death, and that two hours would be allowed him to consult his people and declare his determination. He replied, that his mind was unalterable, and his people could not make him break his word; that if he must die he hoped they would grant him time enough to make some arrangements for the good of his people. At this moment Asseola raised his rifle and was about to fire, when Abraham arrested the murderous aim, and requested them all to retire for a council with the other chiefs. Asseola, with a small party, however, separated themselves from the main body of the Indians, and returned to Charley Amathla’s, and shot him. Thirteen of Amathla’s people immediately escaped to Fort King, while the others, deterred by their fears, remained until the return of the principal band, when they joined the hostile party.

This was a fine trait in the Indian, and proves that the Seminoles are not the faithless people they are represented to be by the government agents. The death of this noble Indian was the signal for the commencement of hostilities; the Indians immediately abandoned all their towns, and, concealing their trail, removed their families to a place of safety, which has ever since baffled all conjecture as to its whereabout, and its secrecy been a subject of the greatest astonishment.

Volume Three—Chapter Ten

Florida War

It is naturally conjectured that the Seminoles retreated to some portion of the vast swamps which surround the Ouithlacoochee river; but certain it is that since the commencement of the war, in December 1835, up to the present time, their retreat has never been discovered. Marauding parties now commenced on the part of the Indians, who took summary vengeance on those who had robbed and maltreated them. The whole country from Fort Brooke to Fort King was in a state of conflagration, and the whites were compelled to abandon everything, and seek protection under the forts. At the outbreak of hostilities the American force in the department did not amount to five hundred men. The militia were called out, but military stores were not at hand, and it was decided that the troops must wait for reinforcements before any attack could be made upon the Indians; the great object was to throw a reinforcement into Fort King.

General Clinch, who commanded at Fort Brooke, having been reinforced with thirty-nine men from Key West, no time was lost in preparing two companies for the above service. On the 24th of December 1835, a force of one hundred men, and eight officers, with a field-piece, under the command of Major Dade, commenced their march.

On the morning of the 28th, when it had proceeded four miles from the encampment of the previous night, this force was attacked by the Indians, whose first volley was very destructive, Major Dade, with almost every man of the advanced guard, falling dead. The Indians were repelled by the troops under Captain Gardner, upon whom the command then devolved, and the Americans proceeded to throw up breastworks; but before they could raise them high enough for efficient protection, the Indians attacked them again. The Americans brought their field-piece into play, but the breastworks not being high enough, the Indians shot down every man who attempted to work the gun. All the officers, and more than two-thirds of the American troops had fallen, when the survivors found that all their ammunition was expended. The Indians, perceiving this, rushed in, and, with the exception of two men, who, although severely wounded, contrived to conceal themselves, and ultimately to make their escape, not one of the whole detachment was spared.

The force of the Indians is supposed to have been about three hundred and fifty or four hundred. The contest lasted six hours; and it must be admitted that nothing could be more gallant than the defence made by the troops against such a superior force.

On the afternoon of the same day, the Americans had to lament the loss of General Thompson, the Indian agent at Fort King. Imprudently strolling out about three hundred yards from the fort, he was attacked by the Indians, who waited in ambush for him, and, with Lieutenant Smith and three other people belonging to the fort, was shot dead. This party of Indians was headed by Asseola, who had warned General Thompson that the white men should suffer for their treatment of him. His peculiar and shrill war-yell was given as the Indian party retreated, to let the whites know to whom they were indebted for the massacre.

General Clinch having been reinforced at Fort Brooke, (where he had two hundred regular troops,) with five hundred volunteers under the command of General Call, now moved with the whole force of seven hundred men.

On the 30th of December, as they were passing the Ouithlacoochee river, the Indians watched their opportunity, and, when a portion only of the troops had gained the opposite side, commenced an attack, which was vigorously and successfully resisted; the Indians, in little more than an hour, were beaten off. The battle was, however, severe, and the Americans sustained a loss of sixty-three killed and wounded. The Indian force is supposed to have amounted to seven hundred men.

But independently of these conflicts with the militia and regulars, the ravages of the Indians over the whole country are stated to have been most fearful. Women and children were murdered, and the hearth made desolate in every portion of the country. In the more settled parts near St. Augustine, the sugar-cane plantations, with the expensive works attached to them, were destroyed, and in many cases the slaves who were on the plantations were either carried off, or, voluntarily joining the Indians, increased the strength of the enemy. More than a hundred estates were thus laid waste, the average loss upon each estate being computed, independently of the loss of the negroes, at fifty thousand dollars.

The intelligence of this havoc, and the massacre of Major Dade and his whole party, soon reached the neighbouring States, and a requisition for assistance made by General Clinch, was promptly responded to. Meetings were organised at Augusta, Savannah, Darien, and Charleston, and in a few days nearly two thousand volunteers were ready to march to the theatre of war. Indeed, the cause now became the cause of all the slave-holding States, and was taken up with the usual energy of the Americans.

In Louisiana the same spirit was shewn. General Gaines was at that time on a tour of inspection, and had received orders to take charge of the troops assembling on the Mexican frontier; but, at the request of the volunteers, he took the command of them until he could receive further orders from Washington. The assistance of the American naval forces were demanded and obtained, and General Gaines having received intelligence that Fort Brooke was invested by the Indians, sent an express to General Clinch at Fort King, to say that he would join him with his forces to relieve the post. The Seminole Indians who had agreed to the treaty, remained firm to their word, and took up arms against their brethren, and a large force was now marching from all directions to the succour of the whites. I ought here to observe, that not only at the commencement, but ever since the war has continued, the difficulty and expense of forwarding supplies have been very great, and the American troops have undergone the severest privations, as well as great mortality from sickness and disease.

On the 13th February 1836, General Gaines, having arrived at Fort Brooke, reviewed his force, which amounted to between eleven hundred and twelve hundred men, and commenced his march to relieve Fort King, at which post he arrived on the 2nd February, without falling in with any of the Indians. The general then made a detour in pursuit of the enemy. On the 27th, when the force was crossing the Ouithlacoochee River, it was assailed by the Indians, who retired after a skirmish of three-quarters of an hour, the loss of the Americans being very trifling. On the 28th, when again fording the river, the Indians made another attack, which was continued for nearly four hours, and the Americans had to lament the loss of Major Izard, who was killed, and two other officers were wounded. On the 29th, the Indians again attacked, with a force of at least a thousand men, with a view of forcing the American troops from the breastwork which they had thrown up; the Indians, after about two hours’ fighting, set fire to the high grass; but, unfortunately for them, the wind suddenly changed, and, instead of burning out the American troops, all their own concealed positions were burnt up and exposed, and they were compelled to retire. The loss on the Indian side was not known, but was supposed to be heavy; that on the part of the Americans amounted to thirty-two killed and wounded. General Gaines, finding that the Indians were so near him, now despatched expresses for a supply of ammunition, being resolved, if possible, to bring them to a general action. The sufferings of the American troops were very severe, and they were killing their horses for subsistence; but the camp was secure, in consequence of the Indians having burnt down all the means of concealment so necessary in their mode of warfare. Notwithstanding which, on the 1st, 2nd, and 3rd of March, the camp was vigorously assailed. On the evening of the 5th, the Indian interpreter came in from the Seminoles, stating that they wished to hold a council, and did not want any more fighting. On the 6th, a truce was held, when Asseola and other chiefs made their appearance, saying, that if the Americans would not cross the river, they would remain on their own side of it, and not commit any more ravages. This was, in fact, nothing but the original proposal of the Indians, that they should remain upon the land which had been assigned to them by the treaty of Camp Moultrie. The reply of General Gaines was, that he was not authorised to make a treaty with them; their arms must be given up, and they must remain on the other side of the river, until the American Government sent them away west of the Mississippi. While this negotiation was pending, General Clinch arrived with the succour and reinforcements, much to the joy of the American troops, who were half starved. General Gaines, who had heard that General Scott had been appointed to the command in Florida, now resigned that authority to General Clarke, and on the 11th, the troops arrived at Fort Drane. It hardly need be observed, that the treating with the Indians ended in nothing. General Scott having assumed the command, arrived at Fort Drane on the 13th March 1836. He had had previously to contend with heavy rains and almost impracticable roads, and was encumbered with a heavy baggage train; his whole force amounted to nearly 5,000 men. This he divided into a centre and two wings, with a view to scour the whole country, and force the Indians from their retreats; but in vain. The Indians being on the flanks of each division, occasional skirmishes took place; but when the troops arrived to where the Indians were supposed to be, not a man was to be seen, nor could they discover the retreat of their families. Occasionally the Indians attacked the outposts with great vigour, and were bravely repulsed; but the whole army, of 5,000 men, did not kill and capture more than twenty Indians. As far as I can judge, nothing could be better than the arrangements of General Scott, but the nature of the country to which the Indians had retreated, rendered it almost impossible for troops to act. The swamps extended over a great surface of ground; here and there was an island on which the Indians could remain; while to attack them, the troops would have to wade up to their necks for miles, and as soon as they arrived the Indians were gone.

It is not my intention to follow up all the details of the petty warfare which has continued to the present time. General Scott resigned the command, and was succeeded by General Jessopp. On the 20th October 1837, after nearly a year’s skirmishing, Asseola was persuaded to come in, to a council. The flags of truce were hoisted by the Americans, and Asseola, carrying a flag of truce in his hand, and accompanied by other chiefs and about 50 warriors, came in to talk. On their arrival, they were surrounded by bayonets, and made prisoners by the orders of the Federal Government, who, despairing of subduing the Indians, had recourse to this shameful breach of faith. The proud spirit of Asseola could not endure confinement: he died in prison. Other chiefs were kidnapped in the same traitorous manner; but, severe as the loss must have been to the Indians, it did not appear to discourage them. The war was still carried on by those who were left, and, indeed, is still continued; for the ranks of the Indians are said to be filled up by runaway slaves, and some of the Creek Indians who have not yet quitted Georgia. On the 25th of December 1837, a severe battle was fought between the Indians and the American troops, at a spot between Pease Creek and the Big Cypress Swamps; on this occasion the Americans lost Colonels Thompson and Guntry, with twenty-eight killed, and one hundred and eleven wounded. Since that I am not aware that any important combat has taken place; but it is certain that the Seminoles, notwithstanding the loss of their leaders, still hold out and defy the whole power of the United States.

It is asserted in the American papers that the loss of lives on the American side, from the enemy and from disease, amounts to between two and three thousand men, and that the expenses of the war are now estimated at 30,000,000 of dollars. How far these calculations may be correct I cannot pretend to say, but it is notorious that a handful of Indians, estimated, at the commencement of the war, at about 1,900, have contended against armies of four or five times their number, commanded by gallant and able officers; that this small band of Indians, notwithstanding their losses from the weapons of the enemy, and their still greater losses from breach of faith, have now for four years held out against the American Government, and have contrived to subsist during that period; and that the retreat of their wives and families has never been discovered, notwithstanding the Americans have a friendly portion of the Seminoles acting with them. Indeed, if we are to believe the American statements, the war is almost as far from its conclusion now as it was at its commencement.³⁷