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CHAPTER XVII.
TOTAL FAILURE OF ALL EFFORTS TO ENSLAVE THE EXILES.

Indians and Exiles complain—Government disregards their complaints—Further efforts to enslave Exiles—They fail—General Arbuckle’s Report—Collins charges Reynolds with misconduct—Reynolds called on to explain—His reply and proofs—Collins desires claim to be made against Creek Warriors—They refuse to notice it—Political feelings—Watson presents his claim to Congress—Resolution of that body calling for information—Answer—House Doc. 225—Digression—Proceedings on claim before Congress—Its final settlement.
1838.

The Indians and Exiles who had emigrated, now found themselves separated at the distance of more than a thousand miles from their brethren in Florida, with whom they could hold no intercourse. They were without a country—without permanent homes—residing upon the lands of the Cherokees, at the mere sufferance of that Tribe, whose humanity had been awakened, and whose sympathy had been extended to them. Their situation and discontent were duly communicated to the Executive; but it appears to have been regarded as of too little importance to receive attention.

But while the President and the War Department disregarded all complaints coming from the Seminoles and Exiles, they relaxed no effort to secure Watson in the possession of the ninety human beings whom he had purchased of the Creek Indians, at the request of the Executive.

As the last resort, instructions were sent to General Arbuckle, commanding in the West, to make investigations, and ascertain what more could be done for the re?nslavement of those people. That officer replied to this communication as follows:

“Head Quarters 2d Department, Western Division,}
Fort Gibson, Aug. 27th, 1838. }

“SIR: I had the honor, on the 22d instant, to receive your instructions of the 21st ultimo, together with the papers to which they refer. I extremely regret that the United States is liable to suffer loss in consequence of the Creek warriors having sold, and received pay, for the negroes they captured from the Seminole Indians in Florida; and these negroes having been imprudently returned to the possession of their former owners at New Orleans, and brought to this place, with two hundred or more other negroes belonging to the Seminoles. Owing to these transactions, it would be extremely difficult, if not impossible, to identify at most but few of them; and from the present position of this case, it is not probable that one of the negroes will be obtained except by force. For further information in relation to this subject, I beg leave to refer you to my letter to Captain Armstrong, Acting Superintendent of the Western Territory, of this date, a copy of which is herewith enclosed. I shall do all in my power to prevent loss to the Government, and will at an early period have the honor to advise you of the measures taken in the case.”

“I have the honor to be, Sir, with great respect,
Your obedient servant,
M. ARBUCKLE,
Brevet Brig. Gen’l, U. S. A.

Hon. J. R. POINSETT,
Secretary of War.”

The letter to Captain Armstrong, Superintendent of the Western Territory, was as follows:

“Head Quarters 2d Department, Western Division,}
Fort Gibson, Aug. 27, 1838. }

“SIR: I received by the last mail, from the honorable the Secretary of War, a communication under date of the 21st ultimo, on the subject of the negroes captured by the Creek warriors, together with a letter from the Commissioner of Indian Affairs to the Secretary of War, under date of the 19th ultimo, relating to this subject, copies of which are herewith enclosed. All other papers or transactions in relation to this matter, it is presumed, you are apprized of. It will be seen by the communication first referred to, that it was not known at Washington, at the date of that letter, that the Creek warriors had been paid for the negroes. That circumstance, however just to the warriors and proper, so far as you have had an agency in the affair, will increase the difficulty of obtaining the negroes, as it is believed the Creek warriors will not now give themselves any trouble to have the negroes delivered to the individuals to whom they sold them. And notwithstanding the pledge of the Seminole chiefs to me, to surrender the negroes in the event the Government should so require (after reconsidering their claim to them), I do not believe they will comply with their promise, with the knowledge that the negroes are to be taken from this country as the servants of a white man. Finally, as the Seminoles are greatly under the influence of their negroes, there is scarcely a hope that the captured negroes will be surrendered without the application of force (which is not required); and, in that event, it is not probable they could be had, as they would no doubt run away the moment they are informed a military force is to be employed to take them. And in such case, it is believed, they would be assisted, when necessary, by most of the Seminoles, and by all the Seminole and Creek negroes; and if the captured negroes could be placed in the possession of the Creek agent, he would not detain them a moment without he had a suitable guard for that purpose. I am therefore of the opinion, that the best means that can now be resorted to, to prevent loss to the United States, is, if possible, to induce the Seminoles to refund, from their annuity, the sum paid to the Creek warriors for the negroes, and the interest on the same until paid. I will be much gratified if you can visit this post in six or eight days, when the Seminole chiefs can be assembled here, with the object of inducing them to agree to the measure proposed, or such other as may be deemed advisable. In the event that it may not be convenient for you to be at this post at an early period, I request that you will favor me with your views on the subject of this communication by the return of mail.”

“I am, Sir, with much respect,
Your obedient servant,
M. ARBUCKLE,
Brevet Brig. Gen’l, U. S. A.

Capt. W. ARMSTRONG,
Acting Sup’t W. Ter., Choctaw Agency.”

This correspondence might well have concluded the efforts of the Executive to deliver these ninety Exiles to the slave-dealer. It were unnecessary to say, that General Arbuckle’s labors in this behalf proved useless. He had foretold such failure in his letter to the War Department. In January, 1837, the Creek warriors captured these people, and for almost two years the influence of the Executive had been exerted to enslave them; but a series of incidents, unequaled in real life, had constantly succeeded each other, preventing the consummation of this intended crime; yet the slave power was inexorable in its demands.

These circumstances failed to convince the President that it was useless for the Executive of a great nation to contend against the plainest dictates of justice; against those convictions of right which dwell in the breast of every human being who has not extinguished the moral feelings of his nature.

Collins having returned to his plantation in Alabama, deliberately, drew up and transmitted his report to the Commissioner of Indian Affairs, which we have heretofore quoted. But when he was subsequently informed that the thirty-two Exiles who were in the hands of the Sheriff at New Orleans had, on the day of his leaving that city, been delivered over to Reynolds, and sent West, his indignation was further excited, and he immediately wrote the Commissioner of Indian Affairs again more distinctly charging the officers engaged in the emigration of these people with bad faith. He wrote as follows:

“MONTGOMERY, ALABAMA, Aug. 8, 1838.

SIR: Since writing you a week since, I have understood that Lieutenant Reynolds has informed you that on his arrival in New Orleans the negroes that were detained there had been surrendered to him, and that, in consequence of my not being there, they were sent off to, etc. After seeing so much duplicity and management as has been manifested by the officers with whom I have recently had intercourse, particularly Lieutenant R., I am not surprised at the above statement. Lieutenant R. is well apprised that the negroes had been turned over to him while I was in New Orleans; and it is also susceptible of proof that during my stay there arrangements were privately making to charter a boat to transport them. After I learned this, I purposely threw myself in his way; but he said not a word to me in relation to the negroes, until I addressed him the note which is herewith enclosed. After receiving his answer, I, in his presence, addressed the enclosed copy to Major Clark; but before I had procured a messenger to carry it to Major C., Lieutenant R., after being a short time absent from the room, returned, and informed me he had seen the Sheriff, and he had refused to turn over the negroes to him, which rendered it, as I conceived, unnecessary to send the note to Major C. After my return home, he wrote that (the next day after I left it seems) the Sheriff reviewed his decision, and a second time turned them over to Lieutenant R.; and as he states in his letter to me, that Major Clark ordered them to proceed forthwith to Arkansas. Why was it necessary, then, for me to have been there, since he had yielded everything to his senior officer, and that officer he knew had determined not to respect the order he had received, and had determined (as his previous statement and subsequent conduct prove) to send them forthwith to Arkansas? It is about such a subterfuge as the Sheriff turning the negroes and withholding them after my letter to Major C. was seen, and then turning them over again after it was known I had left. It is due Lieutenant R. to observe, that he stated to me the Sheriff had told him a lie. I know not what object he could have had in view in doing so.

“I remained in New Orleans four days, in which time I became convinced from the maneuvering that was evinced that nothing would be gained by a longer stay, and as the sickly season was approaching, I left with the conviction that the Sheriff would alter his decision as soon as I left there.

“I am, with the highest respect, sir,
Yours, etc.,
N. F. COLLINS,
Agent Creek Warriors.”

C. A. HARRIS, Esq.,
Commissioner Indian Affairs.

It is worthy of notice that this agent of a slave-dealer should thus address, to one of the Executive Departments of this august nation, complaints against the sworn officers of our Government; but it is still more worthy of note that the War Department should call on its authorized and sworn agents to respond to complaints coming from such a source. Copies of Collins’s two letters were immediately enclosed to Lieutenant Reynolds, accompanied by a letter from Commissioner Harris, of which we give a copy:

“WAR DEPARTMENT, }
Office of Commissioner of Indian Affairs,}
August 27, 1837. }

“SIR: I enclose copies of two letters from N. F. Collins, Esq., (one of the twenty-ninth ultimo and the other of the eighteenth instant,) in relation to the negroes which you were directed to turn over to him as the agent of the Creeks. From these papers, and from other information received here, it would seem there has been great disregard, if not a violation, of the orders of the War Department in this matter. I trust you will be able to make such explanations of your conduct as will relieve you from censure—a prompt answer is desired.

“It may not be amiss to inform you that, when on duty in the Indian Department, you are bound to obey the orders of no military officer, unless you have been placed under his direction. Captain Morrison is the only army officer authorized to control your movements.”

“Very, etc.,
C. A. HARRIS, Commissioner.
Lieut. J. G. REYNOLDS.”

These intimations to Lieutenant Reynolds of censure, and the distinct call for explanations, could be neither misinterpreted nor misunderstood; and, although the complaints and charges had been preferred not merely by a man in private life, but by an individual whose very employment as an assistant slave-dealer had rendered him odious and infamous among honorable men, yet this officer who had fought under the flag of his country, and was ready at any moment to peril his life in the support of his country’s honor, was now constrained to meet charges coming from an infamous source. The surprise of Lieutenant Reynolds at this procedure was expressed in the following letter:

“NEW ORLEANS, Sept. 20, 1838.

“SIR: Your letter, dated twenty-seventh ultimo, enclosing copies of two communications received at your office from Mr. N. F. Collins, the Creek attorney, came to hand on the tenth instant. I was surprised at being called upon to answer for ‘my conduct’ toward Mr. Collins, as also the Department for disregarding its orders. Indeed, sir, I have been, in my own estimation, too faithful a servant in the special department in which it was the pleasure of General Jessup to assign, and you to continue, me, to make a defense to the allegations advanced by Collins. At the time of Mr. Collins’s departure from this city, he did not evince that virulence of feeling that he has thought proper to express in his letter; on the contrary, he was then apparently under the full conviction that I had done all that was possible to aid him, and carry out the orders received in relation to the negroes in question. What object could I possibly have in wishing clandestinely, and in the very face of orders, to send those negroes to Arkansas? Had Mr. Collins been here, sir, so far as I was concerned, he should have had the negroes upon identity. I enclose papers, sir, from various gentlemen to disprove the assertion of Mr. Collins, ‘that the negroes were in my possession during the time he was here;’ on the contrary, they did not come into my hands until some time after his departure. It is true, I have frequently referred to Major Clark for advice in matters relative to my official situation. It was on account of the high regard I have of his character as a gentleman, and an officer of long standing and experience, and whose integrity stands preeminently and deservedly high.

“I have the honor to be, sir, very respectfully,
Your obd’t servant,
JNO. G. REYNOLDS,
U. S. M. C. Disb. Agent, Ind. Dep’t.

C. A. HARRIS,
Com. Ind. Affairs, Washington City, D. C.”

We have too little space in this work to copy official papers to any considerable extent. Those which accompanied Lieutenant Reynolds’s reply were—

First. A full statement of facts from Sheriff Buisson, showing that the thirty-one prisoners, who had been in his charge, were not turned over to Major Clark until the twenty-eighth of June, 1838.

Second. A full statement of facts by George Whitman, owner of the steamboat, who contracted to carry the prisoners West.

Third. A similar statement by Major Clark of the facts that came within his knowledge, accompanied by a copy of a communication from Jno. C. Casey, Acting Seminole Agent.

All these statements showed that Lieutenant Reynolds had strictly obeyed his orders; and whether they proved satisfactory to the War Department or not, we are unable to state. It is, however, believed, that no further proceedings were had in relation to the conduct of that officer.

Mr. Collins, finding that he possessed some influence with the War Department, on the eighteenth of October, wrote the Commissioner of Indian Affairs, saying, “I have now to request that, should General Arbuckle be unable to comply with the instructions I understand he has received, (which from my knowledge of the Indian character I have no doubt he will,) this claim may be laid before the agent who may be appointed to investigate the claims of the Creeks with the necessary documents; that it may be examined and reported on by him.”

In answer to this letter, Mr. Crawford, Acting Commissioner of Indian Affairs, replied, stating that General Arbuckle had, on the twenty-eighth of September, informed the Department that the negroes could only be obtained by military force. Mr. Crawford also assured Mr. Collins that General Arbuckle had been instructed to act in concert with Captain Armstrong for the purpose of obtaining a treaty with the Indians by which provisions for this claim would be made; and that the necessary papers had been transmitted to those gentlemen to enable them to act with a correct understanding of the subject.

But the Creek Indians appear to have become impressed with the opinion, that the whole proceeding was either unjust or dishonorable, and they wholly refused to participate any further in the transaction.

The Exiles and Indians were now living on the Cherokee lands. ............
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