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Relations with Spain.

To this council I communicated, in your own words, the pretensions of your three chiefs. They answer, "We have had Čolonel Nicholls's communication before us, that Hapoith Micco, and Caupachau Micco, and Hopoie Micco are the sovereigns of this nation. We know nothing about them as such. We have often invited them to attend our talks. They never would come forward, and Hapoith Micco is a hostile Indian. They have nothing to do with our affairs. They reside in the Spanish territory."

the Indian rights, and those intrusted with their execution have the power of doing it. All that is wanted is a proof against the transgressors. The Indians of Aulotchwan, who, without provocation, murdered and plundered a number of the subjects of Spain on St. John's, have engendered such a deadly feud between the parties that it will be long before the descendants of the injured can forget and forgive. Spain, from her internal commotions, has not found it convenient to settle a peace between them; and these people, it is probable, are taken for Georgians. The In- After mentioning a solitary effort of yours" to dians of this agency, as well as those in the Flori- keep the peace," you say "I am very sorry to say das, have long known they have to apply through the same line is not taken on your side, nor have their chiefs to me for a redress of their grievances. you written to me to say what steps you are takThe government of the Creeks is not an ephem-ing, or intend to take, to secure this mutual good." eral one. Its last modification is of more than You could not have expected I should communiten years standing. It was the work and choice cate with you, when, from your orders, you were of the nation, and has a check on the conduct of so soon to leave the country. I have communithe Seminoles. cated to the national council several outrages committed by banditti from the Seminoles and other parts, upon the post road and frontiers, of Georgia, repeatedly. They have in two instances had the guilty shot, and sent armed parties after others. As late as the 17th of April one man was killed and four wounded on the post road; our wagons twice attacked, and one wagoner killed, several horses taken and carried, as reported, to your depot, at the very time the wagons were carrying seed corn for the Indians, and flour for the support of nearly five thousand totally destitute of food.

an assistant agent to take orders with the warriors when the necessity is apparent, and to call on me when the aid of regular troops is necessary. We do not rely on the exertions of any one but ourselves to preserve peace among the Creeks, and between them and their neighbors of the United States and the Floridas. We examine fairly, spare the innocent, and punish the guilty, and in no case suffer revenge to carve for itself.

In 1799 a gentleman arrived where you are from England, who had been an officer on half pay. He came in the Fox sloop-of-war, furnished by the Admiral on the Jamaica station, by order of the Admiralty, to facilitate to him a passage to his nation, (the Creeks.") This gentleman, after attempting in various ways with the Seminoles to usurp the government of the Creeks without success, created himself director general of Muscogee, declared war against Spain, murdered some of his subjects, and took St. Mark's. He ordered me, with my assistants in the plan of civilization, out of the Creek nation. The measure in operation here to preserve I communicated his proceedings to the nation- peace is with an efficient force, red and white al councils, who had been previously acquainted troops, to pursue, apprehend, and punish all viowith him, and who replied to him that he "had lators of the public peace. The executive couna title among them, which he well merited, Cap-cil of the Creeks are continually at Coweta, with pe-tum-nee-lox-au, (the Prince of Liars,) and no other." This director general of Muscogee, after playing a farce for two years, experienced a tragic scene, which deprived him of his liberty. He was put in irons by order of the council whose government he attempted to usurp, and sent to the Governor General of Louisiana, to answer for crimes. His Seminole chiefs were glad to retire with impunity. After this, it was unanimously determined, in a national council of distin- On an ex parte hearing, you have "armed the guished chiefs from every town and a deputation Seminoles, and given orders to put to death, of Choctaws, Chickasaws, and Cherokees, that without mercy, any one molesting them." This the warriors should be classed, and held in readi- is cruelty without example-scalping men, woness to execute the orders of the executive coun- men, and children, for troubling or vexing only, cil, and that the agent for Indian affairs should and the executioners the judges! To gratify have the power of executing the treaty stipula- their revenge, the good and innocent citizens on tions of the Creeks with their white neighbors. the frontiers are to be the victims of such barTookaubatche and Coweta, alternately, as the barity. Suppose a banditti were to commit a occasion required, were appointed the permanent violent outrage, such as that of the 17th April; seat of the national councils, where national af- are we to charge it on the unoffending people of fairs alone could be transacted. They have now the frontiers, and kill them without mercy, if we two speakers. When the council meets at Cow- could not find out the guilty? You have issued eta, Tustunnuggee Hopoie, as speaker for the the order, provided and issued munitions of war Lower Creeks, is speaker for the nation; and for its execution, prepared and provisioned a when they meet at Tookaubatche, Tustunnug- stronghold to retire upon, in case of superior force gee Thlucco, of the Upper Creeks, is speaker for appearing, to protect them in this mode of gratithe nation. Coweta is headquarters for the pre-fying their revenge. You will be held responsent. The agent for Indian affairs can convene the council.

sible, and your strongholds will certainly not avail. If you are really on the service of His

Relations with Spain.

Britannic Majesty, it is an act of hostility which destroyed, our frontier cannot but continue exwill require to be speedily met, and speedily tremely insecure. crushed. But, sir, I am satisfied you are acting I am unable to say how far the statement of for yourself, on some speculative project of your Jervais is entitled to credit; but I have examined own. The Sovereign of Great Britain could him attentively, and am under a strong impresnot, from his love of justice in time of peace, hission that he has stated the truth, and that the systematic perseverance in support of legitimate supplies mentioned in his deposition are are not Sovereigns, almost to the impoverishing of his mistaken for those delivered last Fall, but have own nation, suffer any of his officers to go into really been delivered since the ratification of the a neutral country to disturb its peace. treaty had been officially announced to the British troops at Appalachicola. These supplies were, however, brought to Appalachicola previous to the ratification of the treaty.

If the Seminole Indians have complaints to make, if they will do it through the chiefs of the Creek nations, or direct to me, or through an officer of His Catholic Majesty, as heretofore, I will cause justice to be done. In cases of mur-corps and posts to hold their commands ready for der, the guilty, if practicable, shall be punished; in case of theft, restitution shall be made.

The treaties you have made for the Creek nation, with the authority created by yourself for the purpose, must be a novelty. It would surprise me much to see your Sovereign ratify such as you have described them to be, with a people such as I know them to be, in the territories of His Catholic Majesty. I shall communicate what has passed on the subject between us to the officers of Spain in my neighborhood, that they may be apprized of what you are doing.

I have ordered the commanding officers of active service, and have taken measures to prepare a small train of light artillery, with a proper supply of fixed ammunition, tools, camp equipage, &c., for an Indian campaign. Whilst Spain permits our enemy to assemble forces, and make military depots for our annoyance within her territory, surely she can make no reasonable objection to our visiting those depots. Besides, Spain is expressly bound by treaty "to restrain by force all hostilities on the part of the Indian nations living within her boundary." If she does not restrain them, we may conclude that she has endeavored to do so, but is unable. Can she im-blame us, then, for restraining them ourselves? I have the honor to be, with the greatest respect and esteem, sir, your obedient servant, ÉDMUND P. GAINES, Major General by brevet. P. S. I have written to Major General Jackson upon the same subject; but as he is probably on his way to Washington, I have thought proper to address you direct. E. P. G. Hon. A. J. DALLAS,

As you may not have recent news from Eu-
rope, I send you some newspapers detailing
portant events there on the 4th of April.
I am, &c.,
BEN. HAWKINS,
Agent for Indian Affairs.

To Col. NICHOLLS,
Com'g H. B. M. forces, Appalachicola.

No. 6 a.

General Gaines to the Secretary of War.
HEADQUARTERS, FORT STODDert,

Mississippi Territory, May 14, 1815. SIR: I have the honor to enclose herewith the deposition of Samuel Jervais, which, taken in connexion with other accounts recently received from Appalachicola, and a letter from Lieutenant Colonel Saffold, of the Territorial militia, a copy of which is also enclosed, leave little doubt that these deluded savages meditate a renewal of the war upon our frontier inhabitants.

Acting Seeretary of War.
No. 6 b.

Deposition of Samuel Jervais, enclosed in the above

letter.

Samuel Jervais, being duly sworn, states: That he has been a sergeant of marines in the British service for thirteen years past; that about a month ago he left Appalachicola, where he had been stationed for several months; that the English I shall visit Forts Montgomery and Claiborne, colonel (Nicholls) had promised the hostile Indiand endeavor to ascertain, without loss of time, ans at that place a supply of arms and ammunithe real designs of the Indians; and, should they tion, a large quantity of which had been delivered be for war, shall assemble a force to meet them. to them a few days before his departure, and The remains of the second and third regiments after the news of a peace between England and of infantry are at the Pass Christian, and may be the United States being confirmed had reached brought to this frontier in a few days, and, added | Appalachicola; that, among the articles delivered, to the remains of the twenty-fourth and thirty- were, of cannon, four twelve-pounders, one howninth, now at Fort Montgomery, will give us a itzer, and two cohorts; about three thousand force of near one thousand men. With this stands of small arms, and near three thousand force I shall be able to keep the Indians in check; barrels of powder and ball; that the British left and with another thousand, to consist of Choc- with the Indians between three and four hundred taws and volunteers, I should feel sufficiently negroes, taken from the United States, princistrong to make a decisive stroke upon the de-pally from Louisiana; that the arms and ammupots at Appalachicola, which I persuade myself nition were for the use of the Indians and negroes, the Government may be at liberty to sanction; for the purposes, as it was understood, of war for, until these depots (if they really exist) are with the United States; that the Indians were

Relations with Spain.

assured by the British commander that, accord- nine hundred Indians and four hundred and fifty ing to the Treaty of Ghent, all the lands ceded by the Creeks, in treaty with General Jackson, were to be restored; otherwise, the Indians must fight for those lands, and that the British would in a short time assist them.

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No. 7.

General Gaines to A. J. Dallas, Acting Secretary of
War.
HEADQUARTERS, FORT STODDERT, M. T.,
May 22, 1815.

negroes under arms. This account is brought
by a very intelligent negro man belonging to D.
Kennedy, at Mobile. I think it goes to strengthen
the accounts heretofore given in my letter of the
14th instant.
E. P. GAINES.

The Hon. A. J. DALLAS,
Act'g Sec'y at War, Washington.
No. 8.

Memorandum of a gentleman of respectability at
Bermuda.

ST. GEORGE, BERMUDA, May 21, 1815. Captain Rawlins, of His Majesty's ship Borer, has stated to me in the course of various conversations, that, at the time of his departure from Appalachicola, (which appears to have been about SIR: I returned last night from Fort Mont- the 20th to the 28th April,) the British had colgomery, where, though unable to obtain satisfac-lected_upwards of three hundred persons at or tory information as to the hostile intentions of near Prospect Bluff, partly deserters from the the Creek Indians, I learned that two of the party United States, and partly from the Spanish provmentioned in my last had been killed, and some inces of East and West Florida. These people others wounded; and that the Indians had after- had been received and protected by Colonel Nichwards killed two of our citizens, a Mr. West, and olls, of the royal marines, who was stationed at another whose name my informant (Colonel that place, and who appears to have been under Files, from the settlement of Alabama, near the impression (at least he said so) that the Britwhere the act was perpetrated) had forgotten. ish authorities had no right to the country in that vicinity.

Some negro men belonging to Don McGill, of Mobile, taken some months ago to Appalachicola by the British, voluntarily returned a few days past. Their statement of the supplies and negroes left by the British corresponds with that contained in the deposition of Jervais, enclosed in the letter which I had the honor to address to you on the 14th instant. The negroes add that there are at Appalachicola nearly eight hundred Indian warriors, and that the negroes were permitted to remain with the Indians as freemen, or to return to their masters, as they should elect, and that but few had agreed to return.

I feel convinced that the Indians are generally under the impression that the lands ceded to the United States by the treaty with General Jackson must be restored, or that a war must ensue; and that their friends, the British, will re-establish them in the possession of these lands.

So industriously have these impressions been circulated by the British and Spanish agents among the Indians, that, so far as I can learn, not only the chiefs, but the common warriors, are in the habit of saying that the British treaty with the Americans gives the Indians their lands taken by the treaty with General Jackson.

Since writing the above, I have been furnished with the enclosed deposition of S. Dale, who is a major of militia.

I have the honor to be, most respectfully, sir, your obedient servant,

-

EDMUND P. GAINES,
Major General by brevet.

P. S. Since closing my letter, I learn that Nicholls, said to be a colonel in the British service, is still at Appalachicola, and that he has

Admiral Cochrane, however, appears to have disapproved of Nicholls's conduct in affording protection to the Spanish slaves, and had sent the Hon. Captain Spencer to Pensacola for the purpose of making arrangements for their restoration; who accordingly proceeded to Appalachi cola, with Captain Pentado, named commissioner on the part of the Spaniards.

It does not appear that these gentlemen were successful in their mission, as it was understood that the refugees were not to be coerced, but merely such facilities afforded to those who voluntarily agreed to return, as might be found necessary.

Much altercation has arisen out of this commission, in consequence of many officers having espoused the cause of the slaves; and at one time the life of Captain Spencer had been threatened by the negroes. Captain Rawlins adds that much ammunition, and a good many stands of arms, with some pieces of artillery, had been left with them; and that the fort constructed by Colonel Nicholls "would not be destroyed."

I have since learned that the Carron, which must have sailed from Appalachicola previous to the Borer, is arrived at Nassau, on her way to Bermuda, with one hundred and seventy-six slaves of all ages. As she is daily expected, and as Captain Spencer is now on his way here, it might be as well to wait their arrival before you make any official communication to your Government on the subject. It is however obvious, that were you in possession of the whole facts, no time ought to be lost in recommending the adoption of speedy, energetic measures, for the destruction of a thing held so likely to become

Relations with Spain.

dangerous to the State of Georgia. The Span-time the corn was green; and now their miseries iards are not in a situation to do it, but I dare say would co-operate. I have learned that the whole of the slaves brought from the United States have been sent to Nova Scotia, with the exception of a few that were lately shipped to the island of Trinidad, in His Majesty's ship the Levant, and such as have enlisted in the colonial marines were in these islands. A few stragglers have contrived to get on shore in the Bermudas, and by the connivance of their colonized friends to remain, very contrary to the wishes of the inhabitants, who are in general desirous of getting rid of them.

It has been whispered (I know not with what truth) that the people expected in the Carron, who are from Louisiana and West Florida, are also to be sent to Trinidad.

The Carron is arrived; and this morning I understood from Messrs. James and Michael Carron, the agents of Sir Alexander Cochrane, the Carron was going to some port of the West Indies unquestionably to Trinidad.

No. 9.

Address to the King of England from the Indians, published in the English newspapers of the 15th of August, 1818.

We, the chiefs of the Muscogee nation, in full council assembled, on behalf of ourselves and our people, do make the following requests of our good father, King George, and declare to him certain resolutions we have come to, with our reasons for so doing.

We conceive it to be indispensably necessary for our good, as well as to make us useful allies of Great Britain, that officers should be constantly kept among us; and we request that our good father will grant us this favor. Since Colonel Brown left us, we have been a prey to civil dissensions, fomented and kept up by our inveterate and never-to-be-satisfied foe, the Americans; by their bad advice has brother been in the act of shedding the blood of brother; and when the land becomes thus desolated, they possess themselves of it, so that we shall soon be driven to the desert sands of the sea from the fertile fields of our forefathers; and we are told that the Spaniards will not let us trade with the British from the mouths of our rivers; we, therefore, further request that our good father will secure for us the mouths of the rivers Appalachicola, Alabama, and St. Ma. ry's; for, if our communication is once more cut off from his children, we shall be totally ruined. We have fought and bled for him against the Americans, by which we have made them our more bitter enemies; and, as he has stood the friend of the oppressed nations beyond the great waters, he will surely not forget the sufferings of his once happy children here. We therefore rely on his future protection and fatherly kindness; we will truly keep the talks which his chief has given us, if he is graciously pleased to continue his protection. Famine is now devouring up ourselves and our children, by reason of our Upper Town brethren being driven down upon us in the

and necessities cause them to root up the seeds of our future crop, so that what we sow in the day we are obliged to watch at night. Were it not for the powder we get from your chief, the whole of the nation would be in dust. The Red Sticks have shot and eaten up almost the whole of our cattle, for they have seen their children digging in the woods for want; and who can blame them, when they are pressed by such cruel necessity? Thus we are situated, and we are only looking to the departure or the stay of your children as the signal of our destruction or prosperity. In former times, after the British left us, to show our love and regard for their nation, we made a grant of our lands to the house of Panton, Leslie, & Co., and latterly to the house of John Forbes & Co., on certain terms-that they were to settle the lands with British men, and keep up a sufficient and good assortment of all sorts of merchandise suitable to our wants; but, instead of their doing this, they have attempted to settle our lands with Americans, and have refused to supply us with powder when we were attacked by our enemies, and have urged us to declare for the Americans against the British, and have offered rewards to us for that purpose; and they have actually written to their agents who reside among us, desiring them to obstruct the British officers all in their power from assisting us, and to represent to them, also, how impossible it would be for them to succeed against the Americans; and we, having intercepted their letters, did deliver them to Lieutenant Colonel Nicholls, who is our witness; and the said letters were delivered by an Indian to John Forbes, at St. Augustine, to be forwarded by him as aforesaid; and, as it does stand thus, on unquestionable proof, that the said house of Forbes & Co. have shamefully broken their contracts with us, we do, in this our full assembly, declare all their property in our nation to be confiscated to the nation; and we further annul and declare void our grant or grants of lands accordingly, warning them, and all belonging to them, never to appear again in the nation. And the United States, or some part thereof, have thought proper to run a line or wagon road through the Indian nation, from Hartford, in Georgia, to Mobile, in West Florida, without our consent, and to our great hurt and annoyance.

We implore our good father that he will cause them to disuse the said road, and to cease all communication between them and us, as we are determined to cease having any communication with them; and we warn all Americans to keep out of this nation. And whereas that a young chief, called McIntosh, was sent with a message of remonstrance against the abovementioned road being run, and of several other encroachments on the Tombigbee, Coosa, and Alabama rivers, instead of his making such remonstrance, he suf fered himself to be tricked by our enemy, and unlawfully sold to them large tracts of land on and about the rivers Oconee and Ockmulgee, which tracts of land we implore our good father

Relations with Spain.

H. Boss, Captain Rifle Corps; Jos. Roche, Captain 1st West India Regiment; Wm. Hambly. Lieutenant and 1st Interpreter.

No. 10.

Baker, dated

to use his endeavor in getting restored, and that the Americans may be obliged to withdraw from them. The abovementioned McIntosh holds a commission as Major in the American army, and of the Creek regiment; he has caused much blood to be spilt, for which we denounce him to the Extract of a letter from the Secretary of State to Mr. whole nation, and will give the usual reward of the brave to any one who may kill him, he havJULY 10, 1815. ing, on a recent occasion, killed and scalped a The conduct of Colonel Nicholls, who has taken brother, who was on an errand of peace to our a position on the Appalachicola, within the SpanCherokee brethren, for no other reason alleged ish territory, is, on the same principle, entitled to against him than his having British arms about particular attention. I transmit to you a copy him; and in this, we are told, he has been en- of a correspondence between him and Colonel couraged by Colonel Hawkins, although long Hawkins, agent of the United States with the after peace was declared, and all hostility ordered Creeks, and also an extract of a letter from Major to cease. We further request Lieutenant Colo- General Gaines, with the affidavit of Samuel Jernel Nicholls will return our grateful thanks to vais, which show the nature and effect of his exour good father and his chiefs, by sea and land, traordinary and unjustifiable interference with for the useful and good presents he has sent to that nation. It appears, by Colonel Nicholl's letus by them; and also that the Lieutenant Colo- ter, that he considers our treaty wih the Creeks, nel, and the officers with him in this nation, will though made several months before the treaty receive our thanks for their brotherly conduct to with Great Britain, as rendered void by the latus. And whereas our good father having made ter, and that he is endeavoring to impress that a peace with the United States of America, and, opinion on them, and to excite them to hostility according to his true talk, he has not forgotten in support of it; that he has supplied them with the interests of us his children, but has caused to arms and munitions of war, and had actually be respected our lands, and guarantied the in- formed a treaty of alliance, offensive and defentegrity of them to us, we do declare them or him sive, with certain Indians, whom he calls the to be traitors to this nation who shall, without Creek nation, which he has sent to his Governhis aid and our consent, sell or make over to any ment for ratification; that, in short, he had made foreign Power any part thereof; and we do fur- Appalachicola a military station, at which he ther declare whosoever shall endeavor, directly had collected a large body of Indians and fugior indirectly, to separate us from him or his chil- tive slaves from the United States, evidently for dren, to be the enemy of us and our children, and hostile purposes against the United States. The that we will not trade or barter with any other conduct of this officer is of too marked a characthan the British nation if the above requests be ter to require any comment. His proceedings are complied with; and we do promise to give grants utterly and evidently incompatible with the late of land to all such British men as our good father treaty with Great Britain, and with the amicable shall give permission to stay amongst us, and that relations established by it between our countries. we will do our best to protect and defend them in their laws and property; and we send as our representative our brave brother Hillis Hadjo (Francis) to our father, who is authorized to ratify this treaty.

Given under our hands, at the British fort at the confluence of the Chatahoochee and Flint rivers, this 10th March, 1815.

Hopoath Mico, King of the Four Nations,
his x mark.

Hopy Mico, his x mark.
Nehemathla, 1st, his x mark.
Justomic Hago, his x mark.
Onus Hago, his x mark.
Nehemathla, 2d, his x mark.
Nehemathla, 3d, his x mark.
Justomic Emathla, his x mark.
Octaithge Hago, his x mark.
Acopehigemathlo, his x mark.
Tatao Mico, his x mark.
Hopoathla Justanuggee, his x mark.
Conope Mathla, his x mark.
Yatoule Mathla, his x mark.
Johnson, his x mark.

Hillis Hadjo, his x mark.

And fourteen other chiefs. Witnesses-Ed. Nicholls, Lieutenant Colonel;

In calling your attention to these proceedings, it is not my object to dwell on each particular act of which I complain. I shall remark, generally, that, as the treaty with the Creeks was concluded before the treaty of peace with Great Britain, the ninth article of that treaty has no bearing with that nation; and that any interference of Nicholls, or other British agent, with the Creeks, however slight, is improper and unjustifiable.

The President cannot doubt that the conduct of Colonel Nicholls and of the other British agents, as stated in the correspondence which is communicated, is unauthorized by your Government, and that they will be justly censured and punished by it. In the meantime, as you were particularly empowered to act in all circumstances, connected with the execution of the late treaty of peace, I am persuaded that you will readily interpose your authority to put an end to proceedings of a nature so unwarrantable, and which have already produced such injurious effects.

No. 11.

Extract of a letter from the Secretary of State to Mr.
Adams, dated

Department of STATE, July 21, 1815.
The conduct of Colonel Nicholls to the south

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