Relations with Spain. how do you know that the son of the prisoner had that letter in his possession ? Answer. I saw him with it, which he dropped, and a boy called John picked it up and gave it to me. Question. You stated that the Indians and negroes doubted the fidelity of the prisoner in sending letters to the Prince Regent; do you think that the prisoner would have been punished by them had he not complied with their wishes? Answer. I do not know. Question. Do you believe that the prisoner was compelled to write the Indian communications? Answer. He was not compelled. WILLIAM HAMBLY, a witness on the part of the prosecution, being duly sworn, and commencing a statement of what he heard the chiefs say, and the prisoner objecting to hearsay evidence of that kind, the court was cleared, in order to take the question; when it was decided that the prisoner's objection was not valid. The witness was, therefore, recalled, and stated that, fifteen or twenty days after the prisoner's arrival at Ochlochnee, the Seminole Indians began to steal horses from the United States settlements, and commit murders on the Satilla river, which, he was informed by them, was at the instigation of the prisoner. The chiefs of the little villages in the witness's neighborhood then desired him to write a few lines to the prisoner, stating those reports, and that he did not know that those Indians he was exciting had long been outlawed, and cautioned him against such proceedings, or he might be involved in their ruin. This the witness did, when the prisoner wrote him a long and insulting letter, (which was lost.) upbraiding the witness for calling those Indians outlaws, and accusing him of exciting the Indians to cruel war. The witness was told by all the chiefs and Indians who had seen the prisoner that he advised them to go to war with the United States if they did not surrender the lands which had been taken from them, and that the British Government would support them in it. The Indians who took the witness and a Mr. Doyle prisoners, which happened on the thirteenth day of December last, told them it was by the prisoner's order; and on their arrival at Mickasuky, (as prisoners,) Kenhagee, and all his chiefs, told them it was by prisoner's orders they were taken and robbed. On their arrival at Suwanee, they were told by the Indian and negro chiefs, who sat in council over them, that the prisoner had advised that he should be given up to five or six Choctaw Indians, who were saved from the negro fort, who would revenge themselves for the loss of their friends at that place. On their return from Suwanee, the chief Kenhagee told them that he had got the prisoner to write several letters for him; one to the Governor of Providence, one to the British Minister at Washington, one to the Secretary of State in London, and one to the American agent for Indian affairs, protesting against the proceedings of the commanding officer at Fort Scott. While the witness was at Suwanee, the Indian chief told him that the prisoner had arrived at that place with ten kegs of powder on board of his vessel; and, while in Fort St. Mark's, sometime in March, Hillis Hadjo, or Francis, brought an order from the prisoner to the commandant for two kegs of powder, with other articles, which were in his possession. Question by the court. Were any murders or depredations committed on the white settlements by the Indians previous to the prisoner's arrival at Ochlochnee? Answer. None, except one murder near Fort Gaines, which was before or about the time of the prisoner's arrival. Question. How long have you resided among the Indians? State to the court whether you are acquainted with the Indian language, and how long since you learned it? Answer. I have resided among them fourteen years, and have understood their language twelve years. Question. Do you believe the Seminoles would have commenced the business of murder and depredation on the white settlements had it not been at the instigation of the prisoner, and a promise, on his part, of British protection ? Answer. I do not believe they would without being assured of British protection. Question. What was the light in which the prisoner was viewed by the hostile Seminoles; was it that of an authorized agent of the British Government ? Answer. The different chiefs always represented him to me as such. The witness recognised the letter marked G, and signed A. Arbuthnot, as being a copy of the one alluded to in his testimony as lost. Question by the president. Are you acquainted with the prisoner's hand writing? Answer. I have seen it, but cannot say I am acquainted with it. Question. Is that which you have just seen, and say is the copy of the one you lost, the prisoner's handwriting? Answer. It looks to be his handwriting, but I cannot say positively. Question. Was the prisoner considered as the agent of the Seminoles at the time those murders were committed? Answer. I had not seen the prisoner at that time; the Indian chiefs told me that the prisoner had reported himself to them as an English agent. Question. Where did you understand the prisoner to be when you were taken prisoner ? Answer. The Indians told us that he had gone over to Providence, but was expected back by the time we should arrive at Suwanee. Question. Did you not request Kenhagee to prevail upon the prisoner to give you a passage in his schooner to Providence? Answer. Yes; but was told that the prisoner refused it, stating that, if we were forced upon him, he would blindfold us, and make us walk overboard. Question. What were the reasons given by Relations with Spain. Kenhagee for the prisoner's not granting your request? Answer. Kenhagee stated that the prisoner was fearful of meeting with an American vessel, when we should be taken out, and he thereby lose his schooner. EDMUND DOYLE, a witness on the part of the prosecution, being duly sworn, was questioned as follows: Question by the judge advocate. Do you know anything that would tend to substantiate the charges against the prisoner now before you? Answer. I know nothing but from common report. WILLIAM S. FULTON, an evidence on the part of the prosecution, being duly sworn; testified to the of a letter from A. Arbuthnot to General Mitchell, agent for Indian affairs, dated Suwanee, January 19, 1818, and marked No. 6, as acknowledged by the prisoner to be the same, in substance, as one written by himself at that time; an extract from that letter was then read to the court. Question by the president. Where did the prisoner acknowledge the letter just read to be a copy of the one written by himself? Answer. In the encampment before this place, about the 6th or 7th instant. Question. Was not the acknowledgment made when he was a prisoner ? Answer. It was. Question by the president. Did you hear a gentleman say to the prisoner, whilst in custody, that those who recommended the scalping-knife Answer. I did hear a gentleman say that those and tomahawk should feel their keenest edge? who excited the Indians to the murder of the unoffending should feel the keenest edge of the scalping-knife; but, as well as I recollect, that observation was not made until after the repeated acknowledgments of the prisoner of having writ ten the letter. Question by the court. Was not the confession of the prisoner to this letter made voluntarily, and without any constraint whatever? Answer I conceive it was. The evidence on the part of the prosecution being closed, the prisoner requested, as a witness, Robert C. Ambrister as one of his witnesses, against whom criminal charges had been filed, and was in custody on account thereof; to which the judge advocate objecting, the court was cleared to take its sense, when it was decided that Robert C. Ambrister, now in custody for similar offences with the prisoner, cannot be examined as evidence before the court. JOHN LEWIS PHENIX, a previous witness, now on the part of the prisoner, being again sworn, was questioned as follows, viz: Answer. It was a sloop, and I understand Ambrister came in her. Question. Did Ambrister ever mention to you who recommended him to seize the prisoner's schooner, or who assisted him in stimulating the negroes to do so ? Answer. No; I understood he came on board of his own accord. Question by the court. Have you, since you commanded the prisoner's vessel, ever brought any arms to that part of the country? Answer. No; I brought a quantity of lead and ten kegs of powder in the last trip. JOHN WINSLETT, a former witness on the part of the prosecution, being recalled on behalf of the prisoner, was questioned as follows, viz: Question by the prisoner. Are you not of opinion that the letter which you say was written by the prisoner to the Little Prince is now in the possession of the Little Prince? Answer. After reading it, I returned it to him, and I believe it to be still in his possession, as Indians seldom destroy papers of that kind. The prisoner requesting some time to make up his defence, he was given until to-morrow evening, at four o'clock. FORT ST. MARK'S, April 28, 1818, The recorder having read over the proceedings of the court with closed doors, the prisoner was recalled into court, and made the defence marked K, and attached to these proceedings. The doors were then closed, and, after the most mature de liberation on the evidence adduced, the court find the prisoner, Alexander Arbuthnot, guilty of the first specification to the first charge, and guilty of the first charge; guilty of the first and second specifications to the second charge, and guilty of the second charge, leaving out the words "acting as a spy;" they, therefore, do, on the most mature reflection, sentence the prisoner, Alexander Arbuthnot, to be suspended by the neck until he is dead; two-thirds of the court concurring therein. EDMUND P. GAINES, Major General, Pres. of the Court. J. M. GLASSELL, Recorder. A. From A. Arbuthnot to his son, John Arbuthnot. FORT ST. MARK'S, April 2, 1818, nine o'clock in the morning. DEAR JOHN: As I am ill able to write a long letter, letter, it is necessary to be brief. Before my arrival here, the commandant had received an express from the Governor of Pensacola, informing him of a large embarcation of troops, &c, under the immediate command of General Jackson; and the boat that brought the despatch reckoned eighteen sail of vessels off Appalachicola. By a deserter that was brought here by the Indians, the commandant was informed that three thouQuestion. What vessel was it? Was it not sand men, under the orders of General Jackson, the vessel which Ambrister came in? one thousand foot and sixteen hundred horse, un Question by the prisoner. Was there any other vessel at the mouth of the Suwanee river when Ambrister seized your schooner ? Answer. Yes. Relations with Spain. der General Gaines, and five hundred under Lower Creek nation to represent the state of another General, were at Prospect Bluff, where they are rebuilding the burnt fort; that one thou sand Indians, of different nations, were at Spanish Bluff, building another fort under the direction of American officers; that, so soon as these forts were built, they intended to march-they have commenced. Yesterday morning advice was received that they had appeared near and taken two of the sons of McQueen and an Indian. Late in the afternoon three schooners their nation to your excellency, that you may be pleased to forward the same for the information of His Majesty's Government, to whom alone they look up for protection against the aggressions and encroachments of the Americans, I beg leave to subunit to your excellency the enclosed representations, humbly praying that your excellency will be pleased to take an early opportunity of forwarding the same to Great Britain. I am also instructed by Boleck, chief of Su came to anchor at the mouth of the river, and ❘ wanee, to make the demand herein enclosed, he this morning the American flag is seen flying on the largest. I am blockaded here; no Indians will come with me; and I am now suffering from the fatigue of coming here alone. never having had any share of the presents distributed at Prospect Bluff, though he rendered equally eesential services as any of the other chiefs to the British cause while at war with America, and was at New Orleans with a part of his warriors. His frontiers being more exposed to the predatory incursions of the back Georgians, who enter his territory and drive off his cattle, he is obliged to have large parties out to watch their motions, and prevent their plunderprays your excellency will grant his small demand. Humbly submitting the same, I have the honor to remain your excellency's most humble servant, A. Α. The main drift of the Americans is to destroy the black population of Suwanee. Tell my friend Boleck that it is throwing away his people to attempt to resist such a powerful force as will be down on Suwanee; and, as the troops advance by land, so will the vessels by sea. En-ing; and being now deficient of ammunition, he deavor to get all the goods over the river in a place of security, as also the skins of all sorts; the corn must be left to its fate. So soon as the Suwanee is destroyed, I expect the Americans will be satisfied, and retire; this is only my opinion; but I think it is conformable to the demand made by General Gaines of Kenhagee sonie months since. In fact, do all you can to save all you can; save the books particularly. It is probable the commandant will receive some communication from the vessels to-day, when he will know more certainly what are their motives in coming off the fort. I think it is only to shut up the passage to the Indians. Twenty canoes went down the river yesterday, and were forced to return. The road between this and Mickasuky is said to be stopped. Hillis Hadjo and Homathlemico were here late last night to hear what vessels; they will remove all their cattle and effects across St. Mark's river this morning, and perhaps wait near thereto for the event. I have been as brief as I can, to give you the substance of what appear facts that cannot be doubted; to enter into details in the present moment is useless. If the schooner is returned, get all the goods on board of her, and let her start off for Mannatee creek, in the bottom of Cedar Key bay; you will then only have the skins to hide away. But no delay must take place, as the vessels will, no doubt, follow the land army, and perhaps even now some are gone round. I pray your strictest test attention, for the more that is saved will be eventually more to your interest. Let the bearer have as much calico as will make him two shirts, for his trouble; he has promised to deliver this in three, but I give him four days. I am yours, affectionately, B. A. ARBUTHNOT. From A. Arbuthnot to Charles Cameron, Governor of Bahamas. SIR: Being empowered by the chiefs of the The humble representations of the chiefs of the Creek nation to His Excellency Governor Cameron. First, we beg leave to represent that Edmund Doyle and William Hambly, late clerks at Prospect Bluff to Messrs. Forbes, and who still reside on the Appalachicola river, we consider as the principal cause of our present troubles and uneasiness. Hambly was the instrumental cause of the fort at Prospect Bluff being destroyed by the Americans, by which we lost the supplies intended for our future wants. Since then both these men have kept emissaries among us, tending to harass and disturb our repose, and that of our brethren of the Middle and Upper nations; they spread among us reports that the Cowetas, aided by the Americans, are descending to drive us off our land; they equally propagate false. C. From A. Arbuthnot to Benjamin Moodie, Esq., enclosing letters to Charles Bagot, Esq., British Minister at Washington. SUWANEE, IN THE CREEK NATION, SIR: The enclosed containing matter of serious moment, and demanding the immediate attention of his excellency the British Ambassador, I trust he will, for this time, forgive the trifling expense of postage, which I have endeavored to prevent as much as possible by comprising much matter in one sheet of paper. Should you, sir, be put to any trouble or expense by this trouble I give you, on being made acquainted with the same, I will instruct Bain, Dunshee, & Co., to order payment of the same. I have the honor to be, &c., A. ARBUTHNΟΤ. Relations with Spain. From A. Arbuthnot to the Hon. Charles Bagot. SIR: It is with pain I again obtrude myself upon your excellency's notice; but the pressing solicitations of the chiefs of the Creek nation, and the deplorable situation in which they are placed by the wanton aggressions of the Americans, I trust your excellency will take as a sutficient apology for the present intrusion. In August last, the head chief of the Seminole Indians received a letter from General Gaines, of which I have taken the liberty of annexing your excellency the contents, as delivered me by the chief's head English interpreter, with Kenhagee's reply thereto. This letter appears to have been intended to sound the disposition of the chief, and ascertain the force necessary to overrun the nation, for from then until an actual attack was made on Fowl Town, the same General, with General Jackson, seems to have been collecting troops and settlers in various quarters. If your excellency desires to have further information respecting the situation of this country and its inhabitants, I can, from time to time, inform your excellency of such facts and circumstances as are stated to me by chiefs of known veracity, or which may come under my own observation; and your excellency's orders addressed to me at New Providence will either find me there, or be forwarded me to this country. With great respect, I have the honor to be, &c., Α. Α. [The following memoranda were on the back of the foregoing letter.] Kenhagee, 1,000; Boleck, 1,500; Oso Hatcho, Choctawhatchy, 500; Himashy Mico, Chatahoochee, 500;-at present with Hillis Hadjo. At present under arms, 1,000 and more, and attacking those Americans who have made inroads into their territory. A quantity of gunpowder, lead, muskets, and flints, sufficient to arm one thousand to two thousand men. Muskets, 1,000, more smaller pieces, if possible; 10,000 flints, a proportion for rifle put up separate; 50 casks gunpowder, a proportion for rifle; 2,000 knives, six to 200 nine-inch blades, good quality; 1,000 tomahawks; 1000 pounds vermillion; 2,000 pounds lead, independent of ball for muskets. (No. 1.) KENHAGEE, BOLECK. From General Gaines to the Seminole Chiefs. ished and passed, if you will come about any of my people, you will see your friends; and if you see me, you will see your friend. But there is something out in the sea, a bird with a forked tongue; whip him back before he lands, for he will be the ruin of you yet; perhaps you do not know who or what I mean-I mean the name of Englishmen. I tell you this, that if you do not give me up the murderers who have murdered my people, I say I have got good strong warriors with scalping knives and tomahawks. You harbor a great many of my black people among you at Suwanee. If you give me leave to go by you against them, I shall not hurt anything belonging to you. GENERAL GAINES. (No. 2.) From Kenhagee to General Gaines, in answer to the foregoing. You charge me with killing your people, stealing your cattle, and burning your houses. It is I that have cause to complain of the Americans. While one American has been justly killed while in the act of stealing cattle, more than four Indians have been murdered while hunting by those lawless freebooters. I harbor no negroes. When the Englishmen were at war with America, some took shelter among them; and it is for you white people to settle those things among yourselves, and not to trouble us with what we know nothing about. I shall use force to stop any armed Americans from passing my towns or on my lands. KENHAGEE. To General GAINES. D. "Note of Indian talks." In August, Cap had a letter from General Gaines, in substance as annexed, No. 1, and returned the answer as by No. 2. Nothing further was said on either side. The end of October, a party of Americans from a fort on Flint river surrounded Fowl Town during the night, and began burning it; the Indians then in it fled to the swamp, and in their flight had three persons killed by fire from the Americans; they rallied their people, and forced the Americans to retire some distance, but not before they had two more persons killed. The Americans built a blockhouse or fort where they had fallen back to, and immediately sent to the forts up the country for assistance, stating the Indians were the aggressors. One of those letters falling into the hands of General Mitchell, he made inquiry, and found his people were the aggressors, and also settled with Inhimathlo for the loss his people had suffered; at the same time sending a talk to Kenhagee, by a headman, Opony, that he would put things in such a train as to prevent further encroachments, and get those Americans to leave the forts. But no sooner was this good talk given, and before the bearer of it returned home, than hundreds of Americans came pouring down TO THE SEMINOLE CHIEFS: Your Seminoles are very bad people; don't say whom; you have murdered many of my people, and stolen my cattle; and many good houses, that have cost me money, you have burnt for me; and now that you see my writing, you will think I have spoken right. I know it is so you know it is so; for now you may say I will not go upon you at random; but just give me the murderers, and I will show them my law; and when that is fin-on the Indians. Roused to a sense of their own Relations with Spain. danger, they flew to arms, and have been compelled to support them ever since. It is not alone from the country, but by vessels entering Appalachicola river, that troops and settlers are pouring into the Indian territory, and, if permitted to continue, will soon overrun the whole of the Indian lands. From the talk sent Kenhagee by General Mitchell, I am in hopes that those aggressions of the Americans on the Indian territory are not countenanced by the American Government, but originate with men devoid of principle, who set laws and instructions at defiance, and stick at no cruelty and oppressions to obtain their ends. Against such oppressors the American Government must use not only all their influence, but, if necessary, force, or their names must be handed down to posterity as a nation more cruel and savage to the unfortunate aborigines of this country than ever were the Spaniards, in more dark ages, to the natives of South America. a exertions, had two more of their people killed. The Americans retired some distance and built fort or block-house to protect themselves until the assistance they had sent for to the forts up the country should arrive. A letter falling into the hands of General Mitchell, the Indian agent, which stated the Indians to have been the aggressors, he suspected its truth, and, on inquiry, found it was the reverse; in consequence, he made satisfaction to Inhimathlo, the chief of Fowl Town, and his people, for the injuries and losses they had sustained; at the same time he desired a talk to be sent to our head chiefs, stating his wish to see all the Indians friends, and that in twenty days he would send and get the Americans to retire from the forts. But this had no effect on the lawless invaders of our soil, for, before the bearer of the talk could return home, he met hundreds of Americans descending on us; they have also settlers and troops which come from Mobile, and go up the Appalachicola river. Thus, seeing no end to those inroads, necessity compelled us to have recourse to arms, and our brethren are now fighting for the land they inherited from their fathers, for their families and friends. But what will our exertions do without assistance? Our sinews of war are almost spent; and harassed as we have been for years, we have not been able to lay by the means to provide for our extraordinary wants; and to whom can we look up to for protection and support, but to those friends who have at all former times held forth their hands to uphold us, and who have sworn, in their late treaty with the Americans, to see our just rights and privileges respected and pro The English Government, as the special protectors of the Indian nations, and on whom alone they rely for assistance, ought to step forward and save those unfortunate people from ruin; and as you, sir, are appointed to watch over those interests, it is my duty, as an Englishman, and the only one in this part of the Indian nation, to instruct you of the talks the chiefs bring me for your information; and I sincerely trust, sir, you will use the powers you are vested with for the service and protection of these unfortunate people, who look up to you as their saviour. I have written General Mitchell, who I learn is an excellent man, and, as he acts as Indian agent, I hope his influence will stop the torrent of inno-tected from insult and aggression? We now vators, and give peace and quietness to the Creek nation. I pray you excellency will pardon this intrusion, which nothing but the urgency of the case would have induced me to make. I have the honor to be, &c. E. Α. Α. From Cappachimico and Boleck to Governor Cameron. It is with pain we are again obliged to obtrude ourselves on your excellency's notice, in consequence of the cruel war we have been forced into by the irruption of the Americans into the heart of our lands. It will be first necessary to state to your excellency that one head chief, Kenhagee, received a letter from General Gaines in August last, a copy of which is enclosed, with the answer returned thereto. This letter only appears to have been a prelude to plans determined on by the said General and General Jackson, to bring on troops and settlers to drive us from our lands and take possession of them; for, in the end of October, a party of Americans surrounded Fowl Town during the night, and in the morning began setting fire to it, making the unfortunate inhabitants fly to the swamp, and who, in their flight, had three persons killed by the fire of the Americans. Our Indians, rallying, drove the Americans from the town, but, in their call on your excellency, as the representative of our father, King George, to send such aid in ammunition as we are absolutely in want of, as our brother chief, Hillis Hadjo, was informed, when in England, that, when ammunition was wanted to enable us to protect our just rights, your excellency would supply us with what was necessary. We have applied to the Spanish officer at the fort of St. Mark, but his small supply prevents his being able to assist us, and we have only on your excellency to depend. We likewise pray your excellency would be pleased to send an officer or person to lead us right, and to apportion the supply you may be pleased to send us agreeably to our proper wants. In praying your excellency will lend an ear to our demand, and despatch it without delay, we remain your excellency's most obedient friends and servants, CAPPACHIMICO, For ourselves and all the other chiefs His Exc'y Governor CAMERON. F. Letter from A. Arbuthnot to Colonel E. Nicholls. |