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Relations with Spain.

I shall only make one more observation, and ceived and imposed on, we withdrew our grant that will show from whence I came, and whether about three years since, which, from the stipula-, I came amongst the Indians as a revenger, or as tions contained therein not being fulfilled on the the friend of peace and harmony.

part of Mr. Forbes, we conceived we had a right to In the Spring of 1816, Mr. Hambly sent Govo do. Secondly, Mr. Doyle and Mr. William Hamernor Cameron a letter containing ialks of the bly, thu lwo persons leit in the nation to carry on chiefs of the lodian nations: they were forwarded Mr. Forbes's business bave, for more than iwo to Engiand, and his excellency banded me, on years, been endeavoring to influence us to join my leaving Providence, an answer thereto from ihe Americans; and finding that fair means the right honorable Earl Bathurst, one of His would not swerve us from our allachments to Majesty's chief Secretaries of State, that I might our ancient friends, the English, they have remake the same known to the chiefs on my arrival cently had recourse to threats of bringing the in the nation. What will Governor Cameron Americans down upon us; aod that peuple only think of the man who, in 1816, could write against want a pretext loaliack us, wbich the said Doyle the encroachments of the Americans on the lo. and Hambly attempt to give them by spreading dian nation, and in the Spring of 1817 call the false reports of lur murdering the Americans, chiefs of that nation, for whom he more especi- stealing their cattle, and preparing for war against ally wrote, outlaws? Mr. Hambly may sell his them, wbile, in fact, it is the Americans who services to America, but no man can expatriate murder our red brethren, steal our caule by hua. himself from the allegiance due to his vative dreds at a time, and are daily encroaching on our country; and a Government may call on a lands, and maintaining the settlers in their illfriendly pation to give up a subject that has se gollen possessions by armed force. riously wronged her.

On the Choctawhalchy river there is a large I recommend Mr. Hambly to be content with body of Americans, formiog settlements, and the douceur he may have received, and permit more are daily joining theni. As this river is the uoleltered Indian to live quietly and peacea far within thai line marked out by your excelbly on his native land.

lency's Goveroment aod the Americans some I shall send a copy of this letter with the one years since, (though thai line was unkoown to from you, to be read to the chiefs of the nation, us until very lately, aod we never gave our sanc. and shall, at the same time, take an opportunity lion, por, in facı, knew of any sale of our lands of explaining myself more fully than I did in the being made to ihe Americans), we trust your pole sen t by Opony. Wishing you a speedy re. excellency will give orders to displace them from cantation of your errors, and a return to your within the line, and send them back to their own former way of thinking, I am your obedient country. Our delaying to address your excel. servant,

lency lo represent the afore-mentioned grievances A. ARBUTHNOT.

has been owing to the want of a person to attend

to our talks, and put them in writing for us. The H.

commandant of ibe fort of St. Mark has heard Letter from A. Arbuthnot to the Governor of Havana. what we have done and what we are doing, and

all our talks and complaints. He approves of The chiefs of the Creek nation, whose names it is by his recommendation we have thus preare hereunto aonexed, beg leave to approach your sumed to address your excellency. excellency and represent their complaints. Long We have the honor to be your excellency's imposed on by the persons keeping stores in this

most obedient and very humble servants, country, in chargiog us exorbitant prices for

A. ARBUTHNOT. their goods, wbile they only allowed us a very

His Ex'cy the GOVERNOR GENERAL, &c. trifling one for our peliry, we bave found it necessary to look out for a person that will deal fairly with us, and we wish to establish a store

No. 1. for him on Appalache river.

We have made application to the commandant of St. Mark's, Power of attorney from the Indian chiefs to A. Ar.

buthnot. and he has referred us to your excellency. It is not alove the impositions that have been practised Koow all men by these presents, that we, chiefs upon us that bas made us presume to address of the Creek nation, whose names are affixed to your excellency; we have complaints of a more this power, having full faith and confidence in serious nature against the persons employed by Alexander Arbuthnot, of New Providence, who, the only house ihat has been established among koowing all our talks, is fully acquainted with us, lbal of Mr. Forbes. In the first place, sume our intentions and wishes, do hereby, by these years back, under false pretences, they aliempied presents, constitute and appoint him, the said io rob us of a very large portion of our best lands, Alexander Arbuthnot, our attorney and agent, and we the more readily acceded to it, from ibe with full power and au bority to act for us and faithful promise given us that they would gel in our naines in all affairs relating to our nation, English people to selile it and live among us; and also to wrile such letters and papers as tó bul far from doing this, Mr. Forbes allempled to him nay appear necessary and proper for our sell it to the American Goveroment, and settle benefit, and that of the Creek nation. it with Americans. Thus fioding ourselves de- Given ai Ochluchnee Suund, in the Creek na

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Relations with Spain.

tion, this seventeenth day of June, one thousand and in powise molested the Americans, though eight hundred and seventeen.

we see them daily encroaching on our territory, Cappachimico, his x mark; Kenbagee, chief stealing our cattle, and murdering and carrying of the Mickásukies.

off our people That same officer also told us, Inhimathlo, his x mark; chief of the Fowl we, as allies to the great King, our father, were towns.

included in the treaty of peace between our good Charle Tustopaky, his x mark: Charle Ni- father and the Americans, and that the latter

shomalti, second chief of the Ockmulgee were to give up all the territory that had been towns.

taken from us before and during the war. Yet, Otos Mico, his x mark; chief of the Con- so far from complying with the ninth article of holoway, below Fort Gaines.

that treaty, they are daily making encroachments Ochacona Tustonaky, his x mark; Opony, on our land, getting persons who are not known chief of the Ockmulgee towos.

to the chiefs, and without any power or authorImathluche, his x mark; chief of the Atta-ity to grant and sign over lands to them. Thus pulgas.

they deceive the world, and make our very friends Inhimathluchy, his x mark; chief of the believe we are in league with them. Palatchocoleys.

The principal chiefs of the nation, with the Lahoe Himatblo, his x mark; chief of the head warriors, assembled at my town on the 8th Chebaws.

instant, and came to the resolution of informing Homathlemico, his x mark; chief of the the British Minister at Washington of the conRed Sticks.

duct of the Americans and the officers of their Talmuches Hatcho, his x mark ; Peter Government towards us; it has been done ac

McQueen, chief of the Tallapasses, (an cordingly, and copies sent to England. We deold Red Srick.)

mand of the King, our father, to fix some of his Hillis Hadjo, his x mark; Francis, the people among us, who may inform him from prophet.

iime to time of what is passing, and see the Opoithlimico, his x mark; a Red Stick, Americans do not extend themselves on our lands.

created chief by the lower towns. The Spanish subjects in the Floridas are too Witness: Peter SHOGERT, Interpreter.

much in the interests of the Americaas to be our

friends. For the Goveruors I shall always enI certify that the Indian chiefs whose signatures tertain the greatest regard; but for the people, are placed above to the full powers granted to they do not act so as to merit my esteem and Alexander Arbuthnot are the chiefs of the towas protection. You desire I would chase those maand places above named.

rauders who steal my cattle: my people have WILLIAM HAMBLY.

lately driven some Americans from Labbewary, Witness: WILLIAM S. FULTON,

and I have no doubt the Americans will lay hold Private Secretary to Com'g General. of this as a pretext to make war on us, as they

have before done, in stating we harbor their run. No. 2.

away slaves.* [Supposed to be from Bowlegs to the Governor of St.

To His Ex'cy Don Jose COPPINGER,

Governor of St. Augustine.
Sir: I had the honor of receiving your letter
of September, but the impossibility of finding a

No. 3. person to write an answer to the same is the cause Sir: Kenbagee, the head chief of the Lower of this apparent neglect.

Creek pation, has called on me to request I would I shall be very happy to keep up a good under- represent to you the cruel and oppressive conduct standing and correspondence with you, and hope of the American people living on the borders of you will, when occasion offers, advise me of such the Indian nation, and which he was in hopes, from ihings as may be of service to myself and people. a talk you were pleased to send him some weeks My warriors and others that go to St. Augustine since, would have been put a stop to, and peace return with false reports tending to harass and restored between the Indians and American people. distress my people, and preventing them from But, far from any stop being put to their inroads attending to iheir usual avocations. At one time and encroachments, they are pouring in by hun. the Americans and upper lodians, supported by dreds at a time, not only from the land side, a force of about three thousand men, were run- but ascending the Appalachicola in vessel-loads. ning lines far within the Indian territory; at Thus, the Indians have been compelled to take another time, they were collecting a force ai Fort up arms to defend their homes from a set of law. Mitchell, in the forks of Flint and Chatahoochee less invaders. Your known philanthropy and rivers, to fall on the towns below. Now, sir, we good will to the Indians induce ihe head chiefs to know of no reason the Americans can have to hope that you will lose no time in using your inallack us, an inoffensive and unoffending people. Auence to put a stop to those invasions of their We have none of their slaves; we have taken lands, and order that those who have already prenone of their property since the Americans made sumed to seize our fields may retire therefrom. peace with our good father, King George. We have followed the orders of his officer that was • See this letter, (No. 66,) and Governor Coppin. with us, (Lieutenant Colonel Edward Nicholls,) \ger's answer.

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The Indians have seized iwo persons who they may be able effectually to repel the attack of the think have been greatly instrumental in tringing Americans, and prevent their further encroach. the Americans upon them, and they are now in menis; and if we return without assistance, the their possession as prisoners. It is even reported Americans, who bave their spies among us, will they have made sales of lodian lands without the the more quickly come upon us. We most humknowledge, consent, or approbation of the chiefs bly pray your excellency will send such a force of the nation; and, from their long residence in as will be respected and make us respectable.* the nation, and the great influence that one of those people formerly enjoyed among the chiefs [The following endorsed on the foregoing.] as their chief, there is some reason to believe be Charles Cameron, Esq., Governor, Commander-inbas been guilty of improper cooduct with regard

chief, &c. to the Indian nation.*

I beg leave to represent to your excellency the General MITCHELL,

necessity of my again returning to the Indian Agent for Indian Affairs.

nation with the deputies from the chiefs; and as

my trouble and expense can only be defrayed by No. 4.

permission to take goods to dispose of among them, Petition of the chiefs of the Lower Creek nation to I pray your excellency will be pleased to grant Governor Cameron.

me such letter or license as will prevent me from We, the undersigned, have been deputed by being captured, in case of meeting with any Spanthe chiefs of the Creek nation to wait on your

ish cruiser on ihe coast of Florida. excellency, and lay before you their heavy com.

No. 5. plaints. To the English we have always looked up as friends, as protectors; and on them we now

B. Moodie to A. Arbuthnot. call to aid us in repelling the approaches of the British ConsulaTE, CHARLESTON, S. C., Americans, who, regardless of treaties, are daily

February 7, 1817. seizing our lands and robbing our people. They have already built seven forts on our lands; they January, with an enclosure, which I forwarded

Sır: I duly received your letter, dated the 8th are making roads and ruoning lines into the very to His Majesty's Envoy, the Hon. Charles Bagot, heart of our country; and, without the interserence of the English, we shall soon be driven from

at Washington. Since ihat time I have received the land we inherited from our lorefathers.

a few lines from him, under date of the 29th The Americans tell us the Eoglish will

. regard of it annexed. I am, &c.

ultimo, and at his desire I transmit you a copy us no more, and that we had better submit to

BENJAMIN MOODIE.' Them; but we cannot submit to their shackles, and will rather die in defence of our country.

To A. BOUDINOT, Esq., Nassau. When peace was made between the Eoglish

Mr. Bagot to Mr. Moodie. and Americans, we were told by Lieutenant Col. onel E. Nicholls that the Americans were to give

WASHINGTON, Jan. 29, 1817. up our lands they had taken, and we were desired SIR: I duly received your letter of the 20th !o live quierly and peaceably, io nowise molest. instant, enclosing one from Nassau. I shall be ing ihe Americans. We have strictly followed obliged to you if you will take an immediate these orders; but the Americans have not com- opportunity of writing to the gentleman from plied with the treaty. Colonel Nicholls left Wil. whom you received that letter, acquainting him liam Hambly in charge of the fort at Prospect from me that the expenses of postage are so conBluff, with orders to hear us, if any cause of com- siderable that I must request, if he has occasion plaivi, aod represent the same to the British to write to me again upon the same subject, he Government; but he turned trailor, and brought will forward his letters by private opportunities ibe Americans down on the fore, which was only. blown up, and many of our red brethren destroy- I am, sir, your obedient, humble servant, ed in it." The ammunition and stores intended

CHARLES BAGOT. for our use were either destroyed or taken off by

B. MOODIE, Esq. the Americans. We have sent several messengers to inform your excellency of these proceed

No. 6. ings of the Americans, but they bave never Copy of a letter from A. Arbuthnot to General Mitreturned to us with an answer. Three of our red chell, (enclosed by Col. Brearly, 27th February, brethren have lately been killed by the Ameri. 1818.) caos, while hunting on our own lands; and they

SOWANEE, LOWER CREEK Nation, threaten to altack the towns of Mickasuky and

January 19, 1813. Suwanee, the only two large towns left us in the

Sir: Kenhagee, head chief of the Lower Creek najion; and, without aid from your excel Creek nation, had called on me to request I leocy, we cannot repel their attack. We are would represent to you the cruel and oppressive Therefore deputed to demand of your excellency conduct of the American people living on the the assislaace of troops and ammunition, that we

. The paper following (No. 71) is supposed to be • Por the remainder of this letter see No. 6. the answer to this petition.

15th Con. 2d SESS.-65

Relations with Spain.

borders of the Indian nation, and which he was defence, to tire the patience of the court by a in hopes, from a talk you were pleased to send minute reference to the voluminous documents him some weeks since, would have been put a and papers, or to recapitulate the whole of the stop to, and peace restored between the Indians testimony which has come before this bonorable and the American people; but far from any stop court in the course of this investigation, Nor is being put to their inroads aud encroachments, it the intention of the prisoner to waste the inthey are pouring in by hundreds at a time, not valuable time of this court by appeals to their only from the land side, but both troops and set- feelings or sympathy, though I am persuaded tler's ascending the Appalachicola river in vessel. that sympathy nowhere more abovads iban in a loads. Thus, the Indians have been compelled generous American breast. My only appeal is to take up arms to defend their homes from a set io the sound and impartial judgment of ibis honof lawless invaders.

orable court, the purity and uprightness of their Your known philanthropy, and goodwill to- hearts, that they will dispassionately and patiently wards the Indians in general induce the chiefs to weigh the evidence which they have before them, hope that you will lose no time in using your apply the law, and on these, and these alone, proinfluence to put a stop to those invasions of iheir nounce their judgment. Jaods and paternal birthright, and also order that If this honorable court please, I shall pow prothose who have already seized on their fields ceed to examine the law and evidence that is remay retire iherefrom.

lied on by this honorable court in support of the The Indians have seized two persons koown to first charge and specification. have been greatly instrumental in bringing the Winsleit, a witness on the part of the prosecuAmericans down on their lands, and ihey are tion, says: The Little Prince showed him a letpow in their possession as prisoners; and they ter wriiten in June last, signed A. Arbuiboot, rehave it in report that sales of their lands have questing his friendship with the lower pation of been made by those two people without the Indians. The same witness stated he believed consent, approbation, or knowledge of the chiefs; the letter to be now in the possession of the Lit. and from iheir long residence in ihe nation, and tle Prince. Here, may it please this bonorable the one baving, enjoyed great confidence in the court, I would call their attention to the law renation, and with the chiefs, as English interpre- lating to evidence; first premising ihat ibe rules ter, there is some reason to believe those reports, of evidence are the same, whether in civil or when leagued with the swarms of Americans military tribunals. (McCom. 99.) This point coming from Mobile and other places, seizing being conceded, the next inquiry is

, what are the the best of the Indian lands. Such improper rules of evidence with respect to the admission of sales have actually been made.

lellers or papers of privaic correspondence in a In taking ibis liberty of addressing you, sir, in court of criminal jurisdiction ? May it please behalf of ihe unfortunate Indians, believe me Ithis honorable couri, must you not produce the bave no wish but to see an end put to a war origipal letters and papers, if they are not lost or which, if persisted in, I foresee must eventually mislaid so that they cannot be obtained? And, be their ruin, and, as they were not the aggreso in case they are lost

, proof must be made of the sors, if, in the height of their rage, they commit- handwriting being the same as that of the origited any excesses, ibat you will overlook them as nal, before they can be received as evidence. the just ebullition of an indignant spirit against (McCom. on Courts-Martial. Peake's Evidence. an invading foe.

Gilbert's Law of Evidence.) No instance can I have the honor to be, &c.

be ciled where a copy of a letter was read as evi. A. ARBUTHNOT. dence when the original could be obtained, much By order of Kenhagee and Bowlegs, less the giving in evidence the contents of such

acting for themselves and the other chiefs. letter from bare recollection. The only proof To Gen. MITCHELL, Agent Indian Affairs, that this honorable court has of the existence of

such a letter being in the hands of any person, or CAMP BEFORE St. Mark's,

its contents being known, is the vagrant memory April 8, 1818.

of a vagrant individual. Make this a rule of evi. The foregoing letter was produced to A. Ar- dence, and I ask you where would implication, buthnot, on his examination before me, and ac- construction, aod invention stop? Whose prop. knowledged by him to have been written by bim erty, whose reputation, or whose life, would be to General Mitchell, agent for the Creek nation. safe? Here I would beg leave to mention a re

ANDREW JACKSON. mark made by the president of this court in the Present: Mr. Fulton.

course of this investigation, which was, tbat, nol

withstanding the letter was proved by the witness K.

to be in the possession of the Little Prince, ibis DEFENCE.

court could not notice that circumstance, because

there was no means by which it could be obMay it please this Honorable Court:

tained. I would ask the honorable court what The prisoner arraigned before you is sensible means have they adopted, or what exertions have of the indulgence granted by this honorable court they made to procure this letter ? If the honor. in the examination of the case now before them. able court please, I shall here close ibe defence It is not the wish of the prisoner, in making his on the firsi charge and specification, believing Relations with Spain.

that they are neither supported by law nor evi. Charges against Robert C. Ambrister, now in cusdence.

tody, who says he is a British subject. May it please the honorable court, I will now

CHARGE 1. Aiding, abetting, and comforting come to the second charge, and first specification the enemy, supplying them with the means of of that charge. In support of this charge and war

, he being a subject of Great Britain, at peace specification, the evidence before the court is a with the United States, and lately an officer in letter written to my son. If ine court please, the British colonial marines. ibis letter was written in consequence of the situation of my property at Suwanee, and the large brister did give intelligence of the movements

Specification 1. That the said Robert C. Amdebts that were due me from Bowlegs and his and operations of the American army between people. Nothing, I believe, of an inflammatory the 1st and 20th March, 1818, and did excite nature can be found on reading the document them (the negroes and Indians) to war agaiast marked A, authorizing the opinion that I was the Army of the United States

, by sending their prompting the ladians to war. On the contrary, warriors to meet and fight the American army, if the honorable court will examine the docu: whose Government was in peace and friendship ment marked A, they will see that I wish to lull with the United States, and all her citizens. their fears, by informing them that it was the

CHARGE 2. Leading and commanding the negroes and not the Indians that the Americans Lower Creek Indians in carrying on war against were principally moving against.

the United States. If the honorable court please, I will make a few remarks upon the second specification, and brister, a subject of Great Britain, which Gor:

Specification 1. That the said Robert C. Amthen close my defence. In proof of this charge, ernment was in peace and amity with the Unithe court have before them the evidence of Ham-Ited States and all her citizens, did, between the bly, Cook, and sundry letters purporting to be 1st of February and 20th of March, 1818, levy a written by myself to different individuals. May war against the United States, by assuming comit please the court, what does Cook prove? Why, mand of the Indians in bostility and opeo war that I bad len kegs of powder at Suwanee. Let with the United States, and ordering a party of me a ppeal to the experience of the court, if they them to meet the army of the United States, and think that this quantity of powder would supply give them battle, as will appear by his letters to one thousand Indians, and an equal number of Governor Cameron, of New Providence, dated blacks, more than two months for hunting. As 20th March, 1818, which are marked A, C, and to the letters named in this specification, may it D; and the testimony of Mr. Peter B. Cook, and please the court, the rules of evidence laid down Caplain Lewis, of the schooner Chance. in the first part of this defeace will apply with

By order of the court: equal force in the present case. It remains now,

J. M. GLASSELL, Recorder. may it please the court, to say something as to Hambly's testimony. And may it please this To which charges and specifications, the prishonorable court, the rule laid down in this case oner pleaded as follows, viz: as to hearsay evidence will be found without a To the first charge and specification, not precedent. A strong case was stated by an intel- guilty. ligent member of this court, on the examination To the second charge and specification, guilty, of this part of the evidence; that is, "would you and justification. receive as testimony what a third person had The court adjourned uptil to-morrow morning, said, who, il present, you would reject as incom. at seven o'clock. petent ?" Apply this principle to the present

FORT ST. MARK's, April 28, 1818. case; could an Iudian be examined on oath in our courts of judicature? If, then, the testimony

The court met pursuant to adjournment. Presof savages is inadmissible, Hambly proves nothing: ent: Here, may it please the honorable court, I

Major General GAINES, President. close my reply to the charges and specifications

Members. preferred against me, being fully persuaded that Colonel King,

Colonel Dyer, should there be cause for censure, my judges will, Colonel Williams, Lieut. Col. Lindsay, in ihe language of the law, lean to the side of Lieut. Col. Gibson, Lieut. Col. Elliott, mercy.

Major Muhlenberg, Major Fanning,

Major Montgomery, Major Minton, Continuation of the minutes of the proceedings of a Captain Vashon, Captain Crittenden. special court, whereof Major General Gaines is pres.

Lieutenant J. M. Glassell, Recorder. ident, convened by order of the 26th April, 1818.

The recorder then read to the court the followFort St. MARK's, April 27, 1818. ing order, viz: The court proceeded to the trial of Robert C.

HEADQ’rs, Division OF THE SOUTH, Ambrister, a British subject, who, being asked if

Adj't Gen.'s Office, near St. Mark's, he had any objections to any one of the members

April 28, 1818. of the court, and replying in the negative, was

GENERAL ORDER. arraigoed on the following charges and specifications, viz:

Captain Allison, of the 7th infantry, is de

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