Difficulties in effecting a reunion of Tribes—Its objects—Exiles and Seminoles move on to Creek Lands—They settle in separate Villages—Creeks demand Exiles as Slaves—Exiles arm themselves—They flee to Fort Gibson—Demand protection of the United States—General Arbuckle protects them—Reports facts to Department—Administration embarrassed—Call on General Jessup for facts—He writes General Arbuckle—Reports facts to the President—President hesitates—Refers question to Attorney General—Extraordinary opinion of that Officer—Manner in which Mr. Mason was placed in office—Exiles return to their Village—Slaveholders dissatisfied—Slave-dealer among the Creeks—His offer—They capture near one hundred Exiles—They are delivered to the Slave-dealer—Habeas Corpus in Arkansas—Decision of Judge—Exiles hurried to New Orleans and sold as Slaves—Events of 1850—Exiles depart for Mexico—Are pursued by Creeks—Battle—The Exiles continue their journey—They settle near Santa Rosa—The fate which different portions of the Exiles met—Incidents which occurred after their settlement in Mexico—Conclusion. 1846. The Creeks and Seminoles had been separated for nearly a century. They had most of that time lived under separate governments. Each Tribe had been controlled by their own laws; and each had been independent of the other. They had often been at war with each other; and the most deadly feuds had been engendered and still subsisted among them. To unite them with the Creeks, and blot the name of “Seminole” from the page of their future history, in order to involve the Exiles in slavery, had long been a cherished object with the administration of our Government. It was now fondly hoped, that that object would be accomplished without further difficulty. But at no period had the Seminole Indians regarded the Exiles with greater favor than they did when removing on to the territory assigned to the Creeks. Although many of them had intermarried with the Seminoles, and half-breeds were now common among the Indians; yet most of the descendants of the pioneers who fled from South Carolina and Georgia maintained their identity of character, living by themselves, and maintaining the purity of the African race. They yet cherished this love of their own kindred and color; and when they removed on to the Creek lands, they settled in separate villages: and the Seminole Indians appeared generally to coincide with the Exiles in the propriety of each maintaining their distinctive character. During the summer and autumn both Indians and Exiles became residents within Creek jurisdiction; and the Executive seemed to regard the trust held under the assignment made at Indian Spring, twenty-four years previously, as now fulfilled. Regarding the Creeks as holding the equitable or beneficial interest in the bodies of the Exiles, under the assignment from their owners to the United States, and they being now brought under Creek jurisdiction, subject to Creek laws, the Executive felt that his obligations were discharged, and the whole matter left with the Creeks. This opinion appears also to have been entertained by the Creek Indians; for no sooner had the Exiles and Seminoles located themselves within Creek jurisdiction, than the Exiles were claimed as the legitimate slaves of the Creeks. To these demands the Exiles and Seminoles replied, that the President, under the treaty of 1845, was bound to hear and determine all questions arising between them. The demands were, therefore, certified to the proper department for decision. But this setting in judgment upon the heaven-endowed right of man to his liberty, seemed to involve more personal and moral responsibility than was desirable for the Executive to assume, and the claims remained undecided. The Creeks became impatient at delay; they were a slaveholding people, as well as their more civilized but more infidel brethren, of The Exiles, yet confident that the Government would fulfill its stipulations to protect them and their property, repaired in a body to Fort Gibson, and demanded protection of General Arbuckle, the officer in command. He had no doubt of the obligation of the United States to lend them protection, according to the express language of the articles of capitulation entered into with General Jessup, in March, 1837. He, therefore, directed the whole body of Exiles to encamp and remain upon the lands reserved by the United States, near the fort, and under their exclusive jurisdiction, assuring them that no Creek would dare set foot upon that reservation with intentions of violence towards any person. Accordingly the Exiles, who yet remained free, now encamped around Fort Gibson, and were supported by rations dealt out from the public stores. Soon as he could ascertain all the facts, General Arbuckle made report to the War Department relative to their situation, and the claims which they made to protection under the articles of capitulation, together with the rights which the Creeks set up to reËnslave them. This state of circumstances appears to have been unexpected by the Executive. Indeed, he appears from the commencement to have under-rated the difficulties which beset the enslavement of a people who were determined upon the enjoyment of freedom; he seems to have expected the negroes, when once placed within Creek Yet the President was disposed to make farther efforts to avoid the responsibility of deciding the question before him. General Jessup had entered into the articles of capitulation, and the President appeared to think he was competent to give construction to them; he therefore referred the subject to that officer, stating the circumstances, and demanding of him the substance of his undertaking in regard to the articles of capitulation with the Exiles. General Jessup appears to have now felt a desire to do justice to that friendless and persecuted people. Without waiting to answer the President, he at once wrote General Arbuckle, saying, “The case of the Seminole negroes is now before the President. By my proclamation and the convention made with them, when they separated from the Indians and surrendered, they are free. The question is, whether they shall be separated from the Seminoles and removed to another country; or be allowed to occupy, as they did in Florida, separate villages in the Seminole Country, west of Arkansas? The latter is what I promised them. I hope, General, you will prevent any interference with them at Fort Gibson, until the President determines whether they shall remain in the Seminole Country, or be allowed to remove to some other.” General Arbuckle, faithful to the honor of his Government, continued to protect the Exiles. He fed them from the public stores, not doubting that the Executive would redeem the pledge of the nation given by General Jessup, its authorized agent. But the President (Mr. Polk) himself a slaveholder, with his prejudices and sympathies in favor of the institution, did not understand the articles of capitulation according to the construction put upon them by General Jessup; he appears, therefore, to have called on the But even with these explicit statements before him, the President appears to have been unable to form an opinion; and he referred the matter to the Attorney General, Hon. John Y. Mason, of Virginia, who had been bred a slaveholder, and fully sympathized with the slave power. He, having examined the whole subject, delivered a very elaborate opinion, embracing seven documentary pages; 1848. We should be unfaithful to our pledged purpose, were we to omit certain important facts connected with this opinion of the Attorney General. Nathan Clifford, of Maine, was appointed Attorney General of the United States in 1846, soon after the report of General Arbuckle concerning the situation of the Exiles reached Washington. The subject was before the President more than two years. This delay we cannot account for, unless it were to save Mr. Clifford (being a Northern man) from the responsibility of deciding this question, involving important interests of the slaveholding portion of our Union. In 1848 Mr. Clifford was appointed Minister to Mexico, and Hon. Isaac Toucey, of Connecticut, was appointed Attorney General. But he, too, was from a free State, and it would throw upon him great responsibility were he constrained to act upon this subject. Were he to decide in favor of the Exiles, it might ruin his popularity at the South; and if against them, it would have an equally fatal effect at the North. Under these circumstances, recourse was had to an expedient. Before Mr. Toucey entered upon the discharge of his official duties, Mr. Mason, himself a slaveholder, was appointed to discharge the duties ad interim. He entered the office, wrote out the opinion referred to, and then resigned the office and emoluments to Mr. Toucey; having decided no other question, nor discharged any other duty, than this exercise of official influence for the enslavement of the Exiles. The President affirmed the principles decided by the Attorney General, and the Exiles were informed that they had the right to remain in their villages, free from all interference, or interruption from the Creeks. They had no other lands, no other country, no other homes. Many of their families were connected by marriage with the Seminoles. They and the Seminole Indians had, through several generations, been acquainted with each other; they had stood beside each other on many a battle field. Seminoles and Exiles had fallen beside each other, and were buried in the same grave; they had often sat in council together, and the Exiles were unwilling to separate from their friends. Wild Cat and Abraham and Louis, and many leading men and warriors of the Exiles and Seminoles, having deliberated upon the subject, united in the opinion, that the Exiles should return to their villages and reside upon the lands to which they were entitled. In accordance with this decision, they returned to their new homes, resumed their habits of agriculture, and for a time all was quiet and peaceful; but their example was soon felt among the slaves of Arkansas, and of the surrounding Indian tribes. Nor is it to be supposed that the holders of slaves in any State of the Union, would be willing to admit that so large a body of servants could, by any effort, separate from their masters, for a century and a half maintain their liberty, and after so much effort to reËnslave them, be permitted to enjoy liberty in peace. Hundreds of them had been seized in Florida and enslaved. The laws of slave States presumed every black person to be a slave; and it was evident, that if they could once be subjected to the will of some white man, the laws of Arkansas would enable him to hold them in bondage. An individual, a slave-dealer, appeared among the Creeks and 1849. This temptation was too great for the integrity of the Creeks, who were smarting under their disappointment, and the defeat of their long cherished schemes, of reËnslaving the Exiles. Some two hundred Creek warriors collected together, armed themselves, and, making a sudden descent upon the Exiles, seized such as they could lay their hands upon. The men and most of the women and children fled; but those who had arms collected, and presenting themselves between their brethren and the Creeks who were pursuing them, prepared to defend themselves and friends. 1850. The Seminole Agent, learning the outrage, at once repaired to the nearest Judge in Arkansas, and obtained a writ of habeas corpus. The Exiles were brought before him in obedience to the command of the writ, and a hearing was had. The Agent showed the action of General Jessup; the sanction of the capitulation of March, 1837, by the Executive; the opinion of the Attorney General, and action of the President, deciding the Exiles to be free, and in all respects entitled to their liberty. But the Judge decided that the Creeks had obtained title by virtue of their contract with General Jessup; that neither General Jessup, nor the President, had power to emancipate the Exiles, even in time of war; that the Attorney General had misunderstood the law; that the title of the Creek Indians was legal and perfect; and they, having sold them to the claimant, his title must be good and perfect. No sooner was the decision announced, than the manacled victims were hurried from their friends and the scenes of such transcendent crimes and guilt. They were placed on board a steamboat, and carried to New Orleans. There they were sold to different purchasers, taken to different estates, and mingling with the tide of human victims who are septennially murdered upon the cotton and sugar plantations of that State, they now rest in their quiet graves, or perhaps have shared the more unhappy fate of living and suffering tortures incomparably worse than death. The year 1850 was distinguished by a succession of triumphs on the part of the slave power. While the President and his Cabinet, and members of the Senate and of the House of Representatives, were seeking the passage of the Fugitive Slave Law; while slaveholders and their northern allies appeared to be aroused in favor of oppression within the States of our Union, their savage coadjutors of the Indian territory were equally active. There yet remained some hundreds of Exiles in that far-distant territory unsubdued, and enjoying liberty. They had witnessed the duplicity, the treachery of our Government often repeated, toward themselves and their friends—they had, most of them, been born in freedom—they had grown to manhood, had become aged amidst persecutions, dangers and death—they had experienced the constant and repeated violations of our national faith: its perfidy was no longer disguised; if they remained, death or slavery would constitute their only alternative. One, and only one, mode of avoiding such a fate remained—that was, to leave the territory, the jurisdiction of the United States, and flee beyond its power and influence. Mexico was free! No slave clanked his chains under its government. Could they reach the Rio Grande? Could they place Abraham had reached a mature age; had great experience, and retained influence with his people. Louis Pacheco, of whom we spoke in a former chapter, with his learning, his shrewdness and tact, was still with them, and so were many able and experienced warriors. Wild Cat, the most active and energetic chief of the Seminole Tribe, declared his unalterable purpose to accompany the Exiles; to assist them in their journey, and defend them, if assailed. Other Seminoles volunteered to go with them. Their arrangements were speedily made. Such property as they had was collected together, and packed for transportation. They owned a few Western ponies. Their blankets, which constituted their beds, and some few cooking utensils and agricultural implements, were placed upon their ponies, or carried by the females and children; while the warriors, carrying only their weapons and ammunition, marched, unencumbered even by any unnecessary article of clothing, prepared for battle at every step of their journey. After the sun had gone down (Sept. 10), their spies and patrols, who had been sent out for that purpose, returned, and reported that all was quiet; that no slave-hunters were to be seen. As the darkness of night was closing around them, they commenced their journey westwardly. Amid the gloom of the evening, silent and sad they took leave of their western homes, and fled from the jurisdiction When the slaveholding Creeks learned that the Exiles had left, they collected together and sent a war party in pursuit, for the purpose of capturing as many as they could, in order to sell them to the slave-dealers from Louisiana and Arkansas, who were then present among the Creeks, encouraging them to make another piratical descent upon the Exiles for the capture of slaves. This war party came up with the emigrants on the third day after leaving their homes. But Wild Cat and Abraham, and their experienced warriors, were not to be surprised. They were prepared and ready for the conflict. With them it was death or victory. They boldly faced their foes. Their wives and children were looking on with emotions not to be described. With the coolness of desperation, they firmly resolved on dying, or on driving back the slave-catching Creeks from the field of conflict. Their nerves were steady, and their aim fatal. Their enemies soon learned the danger and folly of attempting to capture armed men who were fighting for freedom. They fled, leaving their dead upon the field; which is always regarded by savages as dishonorable defeat. The Exiles resumed their journey, still maintaining their warlike arrangement. Directing their course south-westerly, they crossed the Rio Grande, and continuing nearly in the same direction, they proceeded into Mexico, until they reached the vicinity of the ancient but Before taking leave of the reader, we would call his attention to a review of the fate which attended different portions of the Exiles, and to a few further incidents, for some of which we have only newspaper authority; but from all the circumstances we have no doubt they actually transpired. Of the Exiles and their descendants, twelve were delivered up at the treaty of Colerain in 1796, and consigned to slavery; two hundred and seventy were massacred at Blount’s Fort in 1816; thirty were taken prisoners—these all died of wounds or were enslaved. At the different battles in the first Seminole War in 1818, it is believed that at least four hundred were slain, including those who fell at Blount’s Fort. In the Second Seminole War, probably seventy-five were slain in battle, and five hundred were enslaved; and at least seventy-five were seized by the Creek Indians, in 1850, and enslaved. Probably a hundred and fifty connected with the Seminoles now reside in the Western Country, and will soon become amalgamated with the Indians; while three hundred have found their way to Mexico, As to their present situation, we can give the reader but little further information. In the summer of 1852, Wild Cat suddenly appeared among his friends, the Seminoles, who yet remained in the Indian Country. His appearance excited surprise among the Creeks. They at that time maintained a guard, composed of mounted men: these were at once put in motion for the purpose of arresting this extraordinary chieftain. But while they were engaged in looking for him, he and a company of Seminoles, attended by a number of Exiles and black persons, previously held in bondage by the Creeks, were rapidly wending their way towards their new settlement. This visit of Wild Cat to the Western Country occasioned much excitement in that region, as well as astonishment at Washington, and constituted the occasion of a protracted correspondence between the War Department and our Military Officers and Indian Agents of that country. Wild Cat was denounced as a “pirate”—“robber”—“OUTLAW;” and nearly all the opprobrious epithets known to our language were heaped upon him, for thus aiding his fellow men to regain those rights to life and liberty with which the God of Nature had originally endowed them. During the year 1852, while our commissioners, appointed to establish the boundary between the United States and Mexico, were engaged in the discharge of their official duties, a small party of 1853. Complaints were subsequently made through the Texan newspapers, that slaves escaped from that region of country and found an asylum in Mexico, on the other side of the Rio Grande; and intimations were thrown out that a party of volunteers, without authority from the United States, were about to visit the settlement, which thus encouraged slaves to seek their freedom. The suggestion was so much in character with the slaveholders of Texas, that it excited attention among those who were aware of the settlement of Exiles in the region indicated. It was believed that those men who were about to visit Wild Cat and Abraham and Louis and their companions, for the purpose of seizing and enslaving men, would find an entertainment for which they were not prepared. Some few months subsequently, a brief reference was made in the newspapers of Texas to this expedition, giving their readers to understand that it had failed of accomplishing the object intended, and had returned with its numbers somewhat diminished by their conflict with the blacks. As was naturally expected, after the lapse of some six months, great complaint was heard through the public press of Indian depredations
FOOTNOTES: The parapet of the fort was said to be fifteen feet high and eighteen thick, situated upon a gentle cliff, with a fine stream emptying into the river near its base, and a swamp in the rear, which protected it from the approach of artillery by land. On its walls were mounted one thirty-two pounder, three twenty-four pounders, two nine pounders, two six pounders, and one brass five and a half-inch howitzer. Vide Official Report of Sailing-Master Loomis. “Monette,” in his History of the Valley of the Mississippi, says, “Near the Fort the fields were fine, and extended along the river nearly fifty miles.” The payment for slaves who were shipwrecked on board the Comet, the Encomium, and the Enterprise, and found freedom by being landed on British soil, constitute rare instances in which slaveholdlng arrogance has proved successful in the arts of diplomacy. The case of the Creole constitutes another admirable illustration of successful effrontery. In this case, the slaves took possession of the ship, guided it to Nassau, a British Island, went on shore and became free. The officers of the slave ship demanded that the British authorities should seize the negroes, and return them to the ship. They refused. Daniel Webster, Secretary of State, became the voluntary Agent, Attorney and Solicitor, for the slave dealers, who should have been hanged, instead of receiving the encouragement of our Government. But the subject was submitted to the umpirage of a man, said to have once lived in Boston, who, principally upon the authority of Mr. Webster, decided that the people of the British government should pay the slave dealers for these parents and children; and after fifteen years of continued effort, the money was obtained. “MEMORANDA OF SPECIFIC QUESTIONS TO BE ADDRESSED TO OSCEOLA. “Ascertain the object of the Indians in coming in at this time. Also their expectations. Are they prepared to deliver up the negroes taken from the citizens, at once? Why have they not surrendered them already, as promised by Co-Hadjo at Fort King? Have the chiefs of the nation held a Council in relation to the talk at Fort King? What chiefs attended that Council, and what was their determination? Have the chiefs sent a messenger with the decision of the Council? Have the principal chiefs Micanopy, Jumper, Cloud and Alligator sent a messenger? and if so, what is their message? Why have not those chiefs come themselves? “(Signed) THOS. S. JESSUP, Major General Commanding. “SAN AUGUSTINE, August 21st, 1837.” But the second shows an important fact which had, so for as we have information, been kept from the public: The words, “Why have they not already surrendered them, as promised by Co-Hadjo at Fort King?” This shows that the arrangement reported by him to have been made with the chiefs, was made with Co-Hadjo only. It will be recollected, that after the articles of capitulation, in March, when the people of Florida began to demand their negroes, General Jessup said he would endeavor to make an arrangement with the chiefs for delivering up those negroes who had been captured during the war. After the protest of the people of Florida had been addressed to the Secretary of War, against the peace, unless they were to get their negroes, and the public meeting held at San Augustine, which expressed the same views, he reported that he had made such arrangement with the chiefs; but with how many, or with which particular chiefs, was unknown until this interrogatory disclosed the fact, that it was made with one obscure chief only. And whether he were intoxicated, or sober, at the time he attempted to act without any authority, to consign hundreds of his fellow-beings to slavery, without their knowledge or consent, does not appear. But every reader at once propounds the question, What were the terms of that arrangement? If it existed, it should have been reported verbatim to the War Department, and made known to the public. At the commencement of the Twenty-seventh Congress, Mr. Giddings was placed at the head of that committee; but, being obnoxious to the advocates of slavery, he was removed from that position at the commencement of the Twenty-eighth Congress; yet there seemed to be an Impression that his successor should be taken from Ohio, and Hon. Joseph Vance was made Chairman. He was a man at that time somewhat advanced in life, and not accustomed to legal investigations. Cases which required research, were usually consigned to some subordinate member of the committee. It was while he was acting as Chairman, that this case of Watson was first reported upon favorably by the committee on Claims, although it had never before been regarded by that committee as entitled to any encouragement. “Mr. GIDDINGS. I rise for a different purpose than that of expressing my approbation of the amendment which has just been read. I ask the especial attention of gentlemen to some interrogatories which I desire to propound for the purpose of obtaining information; and that the information may go to the country, I will observe, that I desire to have the experience of the able Chairman of the committee on Indian Affairs (Mr. Johnson of Arkansas), to obtain this intelligence. According to reliable information which I received in the summer of 1850, these Creek Indians, to whom attention has been turned, with force and violence, seized from seventy to one hundred free persons of color in the Indian Territory, or at least those claiming to be free, and enslaved, sold and transported them to the State of Louisiana, where they are now in servitude as slaves. I will state that this was done in violation of the treaty entered into in 1845, and in subversion of our solemn faith, entered into with these negroes during the Seminole War, in 1837. The official information upon this subject is in the Indian Department, where it has been received; and from which that we have not been able to obtain any intelligence by resolution, although a resolution for that purpose has been in my desk since the first day of the session. The questions I desire to propound to those gentlemen are—First, Is it a fact that those persons of color were seized and sold into slavery; and, second, by what claim of right or pretended title did these Creek Indians enslave and sell those people? “Mr. JOHNSON. I have no official knowledge in the matter at all. Then as to the knowledge I have obtained incidentally, I do know that there has been a great contest in relation to a portion of these Creek Indian negroes; I do know that the matter has been looked into here in the Executive Departments; I do know that the matter has never been before the House at all, unless it has strangely escaped my notice; I know it has not been before my committee; I know the Attorney General of the United States has declared his opinion as to the title of these negroes: I think there were seventy of them, though it might have been more or less. So, then, I have no official information on the subject to which the gentleman alludes. “Some two or three years ago, I know of a contest going on about the title to these negroes, and that it was decided that they belonged to those Indians. They had established themselves in a free town, which they maintained with force and arms. There were heavy disturbances existing there in the Indian nation, amounting at times almost to civil war: I believe before it was done with, it was quite civil war. I know they were taken; but what was done with them, I do not know. They were taken, and carried out of the nation, with the design of holding them as property, when they could not hold them in the nation on account of the disturbance which they created. I know the decision of the Attorney General of the United States, as to the title to these negroes; and that is the whole statement in regard to the matter as far as I can give it.” |