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Defeat of the Seminole Indians, &c.

who has been the cause of the murder of hundreds. Though your usage was made villanous at the fort, yet your revenge was too savage and sanguinary. If your conduct, sir, to the Indians were guided by as pure motives as mine, you would endeavor to influence them, and respect each other as brothers, and live in harmony and friendship, cultivating their lands in Summer, and tak ing their diversions of hunting in Winter, respecting their neighbors, and making yourselves respected by them. If thus, sir, you would act, (and by your knowledge of their language you have much more in your power than any other man.) you would then be the true friend of the Indians. Were l an instigator of thefts and murder, would I hold the language I have done to the chiefs and others who have called on me? Ask the lieutenant commanding at Fort Gaines, if my letter to him breathed the strains of murder? Ask Opy Hatchy, or Dany, his interpreter, if the recommendatory note I sent him by order of Apiny, could be written by an instigator of murder? Ask Apiny himself if my language to him was that of a murderer? Ask Mappalitchy, a chief residing among the Americans on Oakmulgee, if my language and advice to him favored that of a murderer? All those and every Indian who has heard my talks, will contradict your vile assertions.

But Mappalitchy has given me a clue by which I can unravel from whence the aspersions come, not from Apiny, Hatchy, or any of the chiefs of the upper towns, but from him who endeavors to lead them to mischief and quarrels with each other.

Did not the chiefs hear my note read with respect, and perfectly according to my sentiments of being all as brethren, uniting in the bonds of friendship and love? Did not they agree to smoke the pipe of peace with their brethren of the lower nation, and live in future as brothers? What made some of them alter their minds afterwards? The interference of a humane man, who counsels them to write me, demanding my removal from a band of outlaws, and which letter is signed "William Hambly."

I shall only make one more observation, and that will show from whence I came, and whether I came among the Indians as a revenger or as the friend of peace and harmony.

try; and a government may call on a friendly nation to give up a subject that has seriously wronged her. I recommend Mr. Hambly to be content with the douceur he may have received, and permit the unlettered Indian to live quietly and peaceably on his native land.

I shall send a copy of this letter, with the one from you, to be read by the chiefs of this nation, and shall, at the same time, take an opportunity of expressing myself more fully than I did in the note sent by Apiny.

Wishing you a speedy recantation of your er-
rors, and a return to your former way of thinking,
I am your obedient servant,
A. ARBUTHNOT.

H.

Letter from A. Arbuthnot to the Governor of

Havana.

The chiefs of the Creek nation, whose names are hereunto annexed, beg leave to approach your excellency, and represent their complaints. Long imposed on by the persons keeping stores in this country, in charging us exorbitant prices for their goods, while they only allow us a very trifling one for our peltry, we have found it necessary to look out for a person that will deal fairly with us, and we wish to establish a store for him on Appalachicola river. We have made application to the commander of St. Mark's, and he referred us to your excellency. It is not alone the imposition that has been practised upon us, that has made us presume to address your excellency; we have complaints of a more serious nature against the persons employed by the only house that has been established among us, that of Mr. Forbes.

In the first place, some years back, under false pretences, they attempted to rob us of a very large portion of our best lands; and we the more readily acceded to it, from the faithful promise given us that they would get English people to settle it, and live among us, but, far from doing this, Mr. Forbes attempted to sell it to the American Government, and settle it with Americans. Thus finding ourselves deceived and imposed on, we withdrew our grant about three years since, which, from the stipulations contained therein not being fulfilled on the part of Mr. Forbes, we conceived we had a right to do. Secondly, Mr. In the Spring of 1816, Mr. Hambly sent Gov-Doyle and Mr. Hambly, the two persons left in ernor Cameron a letter, containing talks of the chiefs of the Indian nations; they were forwarded to England, and his excellency handed me, on my leaving Providence, an answer thereto from the right honorable Earl Bathurst, one of His Majesty's chief Secretaries of State, that I might make the same known to the chiefs on my arrival in the nation. What will Governor Cameron think of the man who, in 1816, could write against the encroachments of the Americans on the Indian nation, and, in the Spring of 1817, call the chiefs of that nation, for whom he more especially wrote, outlaws? Mr. Hambly may sell his services to America; but no man can expatriate himself from that allegiance due to his native coun

the nation to carry on Mr. Forbes's business, have, for more than two years, been endeavoring to influence us to join the Americans; and finding that fair means would not secure us from our attachments to our ancient friends the English, they have recently had recourse to threats of bringing the Americans down upon us; and that people only want a pretext to attack us, which the said Doyle and Hambly attempt to give them, by spreading false reports of our murdering the Americans, stealing their cattle, and preparing for war against them, while, in fact, it is the Americans who murder our red brethren, steal our cattle by hundreds at a time, and are daily encroaching on our lands, and maintaining the

Defeat of the Seminole Indians, &c.

settlers in their ill-gotten possessions by armed force.

4. Chief on the Conholoway, below Fort Gaines.
5. Oponey, chief of the Oakmulgee Towns.
6. Chief of the Atlapalgas.

7. Chief of the Pallatchacoley.
8. Chief of the Chehaws.
9. Chief of the Red Sticks.
10. Francis, (the prophet.)

11. Peter McQueen, chief of the Tallahasses, (an old Red Stick.)

12. A Red Stick, created chief by the lower towns.

On the Choctahatchy river there are a large body of Americans forming settlements, and more are daily joining them. As this river is far within that Line marked out by your excellency's Government and the Americans, some years since, (although that line was unknown to us until very lately, and we never gave our sanction, nor, in fact, knew of any sale of our lands made to the Americans,) we trust your excellency will give order to displace them from within the line, and send them back to their own country. Our delaying to address your excellency to represent the forementioned grievances has been owing to the want of a person to attend to our talks, and put them in writing for us. The commander of the fort at St. Mark's has heard all of our talks and Answer. I heard the prisoner tell Bowlegs that complaints. He approves of what we have done he had sent letters to the Prince Regent, and exand what we are doing; and it is by his recom-pected soon to have an answer. Some time aftermendation we have thus presumed to address wards, some of the negroes doubted his carrying your excellency. those letters, when the prisoner stated that he had, but the distance being great, it would take some time to receive an answer.

We have the honor to be, &c.

A. ARBUTHNOT.

His Exc'y the GOVERNOR GENERAL, &c.

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Know all men by these presents, that we, chiefs of the Creek nation, whose names are affixed to this power, having full faith and confidence in Alexa nder Arbuthnot, of New Providence, who, knowing all our talks, is fully acquainted with our intentions and wishes, do hereby, by these presents, constitute and appoint him, the said Alexander Arbuthnot, our attorney and agent, with full power and authority to act for us, and in our names, in all affairs relating to our nation, and also to write such letters and papers as to him may appear necessary and proper for our benefit and that of the Creek nation.

Given at Ocklocknee Sound, in the Creek nation, this seventeenth day of June, one thousand eight hundred and seventeen.

1 Cappachimico, his x mark.
2 Inhimathlo, his x mark.

3 Charle Tustonaky, his x mark.
4 Otusmico, his x mark.

5 Ochacona Tustonoky, his x mark.
6 Imathluche, his x mark.

7 Inhimatchluchy, his x mark.

8 Lahoe Inhamatchlo, his x mark. 9 Hourathee Micho, his x mark. 10 Hillisajo, his x mark.

11 Tamuches Haho, his x mark. 12 Opothlimico, his x mark. Witness: PETER SHUGERT, Interpreter. Certified explanation of names and towns to which the foregoing chiefs belong, agreeably to the numbers set opposite thereto.

1. Kinhigee, chief of Mickasukey.

2. Inhemothlo, chief of Fowltown.

Question by the court. Have you, at any time within the last twelve months, heard any conversation between the prisoner and the chief called Bowlegs, relating to the war between the United States and the Seminoles?

By the court. State to the court when and where you first saw the letter signed “A. Arbuthnot," dated April 2, 1818, referred to in the first specification of the second charge.

Answer. About the 6th of April, a black man, who said he had received it from an Indian, gave it to Mr. Ambrister, whom I saw reading it.

Question by the court. Do you know by what means that letter was conveyed to Suwanee? Answer. I understood by an Indian who was sent from Fort St. Mark's.

Question by the court. Who paid the Indian for carrying the letter referred to in the last interrogatory?

Answer. I do not know.

Question by the court. What steps were taken by the negroes and Indians on the receipt of the

letter?

Answer. They first believed the bearer to be an enemy, and confined him; but, learning the contrary, began to prepare for the enemy, and the removal of their families and effects across the river. The Indians lived on the opposite side.

Question by the court. Did the Indians and negroes act together in the performance of military duty ?

Answer. No; but they always said they would fight together.

Question by the court. Did not Nero command the blacks, and did not Bowlegs own Nero; and was not the latter under the immediate command of Bowlegs?

Answer. Nero commanded the blacks, and was owned and commanded by Bowlegs; but there were some negro captains who obeyed none but Nero.

Question by the court. What vessel brought to Suwanee the ammunition which you said was sold by the prisoner to the Indians and negroes? Answer. The schooner Chance, now lying at

3. Charle Tustonoky, second chief of Oak- this wharf. She is a foretopsail vessel, belongmulgee Town.

ing to the prisoner.

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We demand of the King, our father, to fix some of his people among us, who may inform him, from time to time, of what is passing, and see the Americans do not extend themselves on our lands.

The witness also identified the manuscript of the prisoner on the following documents, viz: No. 1, granting him full power to act in all cases for the Indians, as recorded before; and also a letter, without signature, to the Governor of St. Augustine, numbered 2; and further, a letter, with- The Spanish subjects in the Floridas are too out date, to Mr. Mitchell, the Indian agent, num- much in the interests of the Americans to be our bered 3; an unsigned petition of the chiefs of the friends. For the Governors, I shall always enLower Creek nation to Governor Cameron, pray-tertain the greatest regard; but for the people, ing his aid in men and munitions of war numbered 4; all of which the witness stated to be in the handwriting of the prisoner.

they do not act so as to merit any esteem and protection. You desire I would chase those marauders who steal my cattle. My people have lately driven some Americans from Lahheway, and I have no doubt the Americans will lay hold [Supposed to be from Bowlegs to the Governor of St. have before done, in stating we harbor their runof this as a pretext to make war on us, as they

No. 2.

Augustine.]

SIR: I had the honor of receiving your letter of September, but the impossibility of finding a person to write an answer to the same is the cause of this apparent neglect.

I shall be very happy to keep up a good understanding and correspondence with you; and hope you will, when occasion offers, advise me of such things as may be of service to myself and people. My warriors and others that go to St. Augustine, return with false reports, tending to harass and distress my people, and preventing them from attending to their usual avocations. At one time, the Americans and Upper Indians, supported by a force of about three thousand men, were running lines far within the Indian territory; at another time, are collecting a force at Fort Mitchell, in the forks of Flint and Chatahoochee rivers, to fall on the towns below.

Now, sir, we know of no reason the Americans can have to attack us, an inoffensive and unoffending people. We have none of their slaves; we have taken none of their property since the Americans made peace with our good father, King George. We have followed the orders of his officer that was with us, Lieut. Colonel Edward Nicholls, and in nowise molested the Americans, though we daily see them encroaching on our territory, stealing our cattle, and murdering and carrying off our people. That same officer also told us, we, as allies to the great King, our father, were included in the treaty of peace be tween our good father and the Americans; and that the latter were to give up all the territory that had been taken from us before and during the war. Yet, so far from complying with the ninth article of that treaty, they are daily making encroachments on our land, getting persons, who are not known to the chiefs, and, without any power or authority, to grant and sign over lands to them. Thus they deceive the world, and make our very friends believe we are in league with them.

The principal chiefs of the nation, with the head warrior, assembled at my town on the 8th instant, and came to the resolution of informing the British Minister at Washington of the conduct of the Americans and the officers of their Government towards us. It has been done accordingly, and copies sent to England.

away slaves.

To Don JosE COPPINGER, Governor of St. Augustine.

No. 3.

SIR: King Hatchy, the head chief of the Lower Creek nation, has called on me to request I would of the American people living on the borders of represent to you the cruel and oppressive conduct the Indian nation, and which he was in hopes, from a talk you were pleased to send him some weeks since, would have been put a stop to, and ican people; but, far from any stop being put to peace restored between the Indians and the Amertheir inroads and encroachments, they are pouring in by hundreds at a time, not only from the vessel-loads. Thus, the Indians have been comland side, but ascending the Appalachicola in pelled to take up arms to defend their homes from a set of lawless invaders.

Indians induces the head chiefs to hope that you Your known philanthropy and good-will to the will lose no time in using your influence to put a stop to those invasions of their lands and order that those who have already presumed to seize our fields may retire therefrom.

have been greatly instrumental in bringing the The Indians have seized two persons they think Americans upon them, and they are now in their have made sales of Indian lands without the possession as prisoners. It is even reported they knowledge, consent, or approbation, of the chiefs of the nation; and, from their long residence in the nation, and the great influence one of those people formerly enjoyed among the chiefs as their chief, there is some reason to believe he has been guilty of improper conduct to the Indian nation.

Gen. MITCHELL, Ag't for Indian Affairs.

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on our lands and robbing our people. They have already built seven forts on our land; they are making roads and running lines into the very heart of our country; and, without the interference of the English, we shall soon be driven from the land we inherited from our forefathers.

The Americans tell us the English will regard us no more, and we had better submit to them; but we cannot submit to their shackles, and will rather die in defence of our country.

When peace was made between the English and Americans, we were told by Lieutenant Colonel Nicholls that the Americans were to give up our lands they had taken from us, and we were desired to live quietly and peaceably, in nowise molesting the Americans. We have strictly followed those orders, but the Americans have not complied with the treaty. Colonel Nicholls left Mr. Hambly in charge of the fort at Prospect Bluff, with orders to hear us if any cause of complaints, and represent the same to the British Government; but he turned traitor and brought the Americans down on the fort, which was blown up, and many of our red brethren destroyed in it. The ammunition stores intended for our use were either destroyed or taken off by the Americans. We have sent several messengers to inform your excellency of these proceedings of the Americans, but they have never returned to us with an answer. Three of our red brethren have lately been killed by the Americans while hunting on our lands, and they threaten to attack the towns of Mickasukey and Suwanee, the only two large towns left us in the Creek nation; and without aid from your excellency, we cannot repel their attack.

We are therefore deputed to demand of your excellency the assistance of troops and ammunition, that we may be able effectually to repel the attack of the Americans, and prevent their further encroachments; and, if we return without assistance, the Americans, who have their spies among us, will the more quickly come upon us.

We most humbly pray your excellency will send such a force as will be respected and make us respectable.

[The following endorsed on the foregoing.] CHARLES CAMERON, Esq.,

Governor, Commander-in-chief, &c. I beg leave to represent to your excellency the necessity of my again returning to the Indian nation with the deputies from the chiefs; and, as my trouble and expense can only be defrayed by permission to take goods to dispose of among them, I pray your excellency will be pleased to grant me such a letter or license as will prevent me from being captured, in case of meeting any Spanish cruiser on the coast of Florida.

The court adjourned to meet to-morrow morning, at 7 o'clock.

FORT ST. MARK's, April 27, 1818. The court convened pursuant to adjournment. Present:

Major General E. P. GAINES, President.

Members.

Colonel King, Colonel Williams, Lieut. Col. Gibson, Major Muhlenburg, Major Montgomery,

Colonel Dyer, Lieut. Col. Lindsay, Lieut. Col. Elliott, Major Fanning, Major Minton,

Captain Vashon, Captain Crittenden.
Lieutenant J. M. Glassell, Recorder.

When the further examination of the witness, PETER B. COOK, took place, viz:

Question by the prisoner. How long have you been acquainted with the settlements on the Sahwahnee?

Answer. Between six and seven months.

Question by the prisoner. For what term of years did you engage to live with the prisoner? Answer. For no stated period; I was taken by the year.

Question by the prisoner. Were you not discharged by the prisoner from his employ ?

Answer. He told me he had no further use for me after I had written the letters to Providence.

Question. Where did you stay after you were discharged?

Answer. I stayed in a small house belonging to a boy called St. John, under the protection of Nero.

Question. What was the subject matter of the letters you wrote to Providence?

Answer. After being refused by the prisoner a small venture to Providence, I wrote to my friends for the means to trade by myself.

Question by the prisoner. Do you believe the prisoner had knowledge of the venture being on board the schooner?

Answer. I do not believe he did; it was small, and in my trunk.

Question by the prisoner. Do you know that Ambrister was the agent of the prisoner? Answer. I do not.

Question. Do you think that the powder and lead shipped would more than supply the Indian and negro hunters?

Answer. I did not see the powder and lead myself, but was told by Bowlegs that he had a great quantity; he had them keeping to fight with.

Question. Did the Indians reside on the east side of the river ?-Answer, They did.

Question. You were asked if the negroes and Indians, when the letter marked A was communicated, did not take up arms. Had they received information of the defeat of the Indians at Mickasuky prior to that time?

Answer. It was afterwards, I believe, they received the information.

Question. Did not Bowlegs keep other powder than that got from the prisoner ?

Answer. He had some he got from the bluff, which was nearly done; he said his hunters were always bothering him about powder.

Question. Did you state that, at the time Ambrister ascended the river, there was no other vessel at the mouth of the river?

Defeat of the Seminole Indians, &c.

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Question. Do you believe the prisoner was compelled to write the Indian communications? Answer. He was not compelled.

dian affairs, protesting against the proceedings of the commanding officer at Fort Scott. While the witness was at Suwany, the Indian chiefs told him that the prisoner had arrived at that place with ten kegs of powder on board his vessel; and, whilst in Fort St. Mark's, some time in March, Hillis Hajo, 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 Ocklocknee?

Answer. None, except one murder at 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 they had been assured of British protection.

WILLIAM HAMBLY, a witness for 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 they decided that the prisoner's objection was not valid. The witness was therefore recalled, and stated that, fifteen or twenty days after the prisoner arrived at Ocklocknee, the Seminole Indians began to steal horses from the United States' settlements, and committed 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 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 chiefs and Indians, who had seen the prisoner, that he advised them to go to war with the United States, if they did not sur-acquainted with it. render them the lands which had been taken from them, and that the British Government would support them in it.

Question by the court. 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 prisoner. Are you acquainted with the prisoner's handwriting?

Answer. I have seen it, but cannot say I am

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.

The Indians that took the witness and a certain Mr. Doyle prisoners, which happened on the 13th of December last, told them it was by the prisoner's order; and, on their arrival at the Mickasuky, (as prisoners,) King Hijah and all his chiefs told them it was by the prisoner's orders they were taken and robbed. On their arrival at Suwany, they were told by the Indian and negro chiefs, who sat in council over them, that the prisoner had advised 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 Suwany, the chief King, Hijah, 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 Answer. Yes, but was told that the prisoner London, and one to the American agent for In-refused it; stating that, if we were forced upon

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 King Hijah to prevail upon the prisoner to give you a passage in his schooner to Providence?

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