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Relations with Spain.

the Indian rights, and those intrusted with their To this council I communicated, in your own execution have the power of doing it. All that words, the pretensions of your three chiefs. They is wanted is a proof against the transgressors. answer, “ We have had Colonel Nicholls's com.

The lodians of Auloichwan, who, without pro- munication before us, that Hapoith Micco, and vocation, murdered and plundered a number of Caupachau Micco, and Hopoie Micco are the the subjects of Spain on St. John's, have engen- sovereigns of this nation. We know nothing dered such a deadly feud between the parties that about them as such. We bave often invited them it will be long before the descendants of the in- to attend our talks. They never would come jured can forget and forgive. Spain, from her forward, and Hapoith Micco is a hostile Iodian. internal commotions, has not found it convenient They have nothing to do with our affairs. They to settle a peace between them; and these people, reside in the Spanish territory.". 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, oor bave their chiefs to me for a redress of their grievances. you written to me to say what steps you are tak: The 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 bave 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 bas a check on the conduct of so soon to leave the country. I have communithe Seminoles.

cated to the national council several outrages la 1799 a gentleman arrived where you are committed by banditti from the Seminoles and from England, who had been an officer on half other parts, upon the post road and frontiers, of pay. He came in the Fox sloop-of-war, furdish Georgia, repeatedly. They have in two instances ed by the Admiral on the Jamaica station, by or had the guilty shot, and sent armed parties after der of the Admiralty, "to facilitate to him a others. As late as the 17th of April one man passage to his nation, (the Creeks.") This gen- was killed and four wounded on the post road; ileman, after attempling in various ways with our wagons twice attacked, and one wagoner the Seminoles to usurp the government of the killed, several horses taken and carried, as reportCreeks without success, created himself director ed, to your depot, at the very time the wagoos general of Muscogee, declared war against Spain, were carrying seed corn for the Indians, and four murdered some of his subjects, and took St. for the support of nearly five thousand totally Mark's. He ordered me, with my assistants in destitute of food. the plan of civilization, out of the Creek pation. The measure in operation here to preserve

I communicated his proceedings to the nation- peace is with an efficient force, red and wbite al councils, who had been previously acquainted iroops, to pursue, apprehend, and punish all viowith him, and who replied to him ihat 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 an assistant agent to take orders with the war. other.” This director general of Muscogee, after riors when the necessity is apparent, and to call playing a farce for two years, experienced a iragic on me when the aid of regular troops is necessascene, which deprived' him of his liberty. He ry. We do not rely on the exertions of any one was put in irons by order of the council whose but ourselves to preserve peace among the Creeks, government he aliempted to usurp, and sent to and between them and their neighbors of the the Governor General of Louisiana, 10 answer United States and the Floridas. We examine for crimes. His Seminole chiefs were glad to fairly, spare the innocent, and punish the guilty, retire with impunity. After this, it was unani and in no case suffer revenge to carve for itself. mously 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, aod children, for troubling or vexing only, cil, and ibat 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 og tions of the Creeks with their white neighbors. the frontiers are to be the victims of such barTookaubatche and Cowela, 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 guilly? You have issued eta, T'ustunnuggee 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 gratiibe nation. Coweta is headquarters for the pre- Tying their revenge. You will be held resporsent. The agent for ludian affairs can convene sible, and your strongholds will certainly not the council.

avail. If you are really on the service of His

Relations with Spain.

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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

The Sovereign of Great Britain could him attentively, and am under a strong impresnot, from his love of justice in time of peace, his sion 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 BritIf the Seminole Indians have complaints to ish troops at Appalachicola. These supplies were, make, if they will do it through the chiefs of the however, brought to Appalachicola previous to Creek nations, or direct to me, or through an the ratification of the treaty. officer of His Catholic Majesty, as heretofore, I I have ordered the commanding officers of 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; active service, and have taken measures to prein case of theft, restitution shall be made. pare a small train of light artillery, with a proper

The treaties you have made for the Creek na- supply of fixed ammunition, tools, camp equition, with the authority created by yourself for page, &c., for an Indian campaign. Whilst Spain the purpose, must be a novelty. It would sur. permits our enemy to assemble forces, and make prise me much to see your Sovereigo ratify such military depots for our annoyance within her as you have described them to be, with a people territory, surely she can make no reasonable obsuch as I know them to be, in the territories of jection to our visiting those depois. Besides, His Catholic Majesty. I shall communicate Spain is expressly bound by treaty to restrain what has passed on the subject between us to the bý force all'hostilities on the part of the Indian officers of Spain in my neighborhood, that they nations living within her boundary.” If she does may be apprized of what you are doing.

not restrain them, we may conclude that she has As you may not have recent news from Euendea vored to do so, but is unable. Can she rope, I send you some newspapers detailing im- blame us, then, for resiraining them ourselves ? portant events there on the 4th of April.

I have the honor to be, with the greatest respect I am, &c.,

BEN. HAWKINS, and esteem, sir, your obedient servant,
Agent for Indian Affairs.

ÉDMUND P. GAINES,
To Col. Nicholls,

Major General by brevet. Com'g H. B. M. forces, Appalachicola. P. S. I have written to Major General Jack

son upon the same subject; but as he is probably No. 6 a.

on his way to Washington, I have thought proper to address you direct,

E. P. G.
General Gaines to the Secretary of War.

Hon. A. J. DALLAS,
HEADQUARTERS, FORT STODDERT,

Acting Seeretary of War.
Mississippi Territory, May 14, 1815.

No. 66. Sir: I have the honor to enclose herewith the deposition of Samuel Jervais, which, taken in Deposition of Samuel Jervais, enclosed in the above connexion with other accounts recently received

letter. from Appalachicola, and a letter from Lieutenant Samuel Jervais, being duly sworn, states: That Colonel Saffold, of the Territorial militia, a copy he has been a sergeant of marines in the British of which is also enclosed, leave little doubt that service for thirteeo years past; that about a month these deluded savages meditate a renewal of the ago he left Appalachicola, where he had been war upon our frontier inhabitants.

stationed for several months; that the English I shall visit Forts Mootgomery and Claiborne, colonel (Nicholls) had promised the bostile Indi. and endeavor to ascertain, without loss of time, ans at that place a supply of arms and ammuni. the 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 remaios 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 hownintb, 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 laws 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 ammu. pots at Appalachicola, which I persuade myself dition 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 depois (if they really exist) arel with the United States; that the Indians were Rolations 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 pegroes under arms. This account is brought by the Creeks, in treaty with General Jackson, by a very intelligent negro man belonging to D. were to be restored; otherwise, the lodians must Kennedy, at Mobile. I think it goes to strengthen fight for those lands, and that the British would the accounts heretofore given in my letter of the in a short time assist them.

14th instant. his

E. P. GAINES. SAMUEL X JERVAIS, The Hon. A. J. DALLAS, mark,

Act'g Sec'y at War, Washington.
Sworn and subscribed to before me, this 19th
May, 1815, at the town of Mobile.

No. 8.
L. JUDSON, J. P.

Memorandum of a gentleman of respectability of

Bermuda.
No. 7.

ST. GEORGE, BERMUDA, May 21, 1815. General Guines to 4. J. Dallas, Acting Secretary of

Captain Rawlins, of His Majesty's ship Borer, War.

has stated to me in the course of various conver HEADQUARTERS, FORT STODDERT, M. T., sations, that, at the time of his departure from

May 22, 1815. Appalachicola, (which appears to have been about SIR: I returned last night from Fort Mont- the 20th to the 28th April,) the British had col. gomery, where, though unable to obtain satisfac- lected upwards of three hundred persons at or tory information as to the hostile intentions of pear 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 Some negro men belonging to Don McGill, of vicinity. Mobile, taken some months ago to Appalachicola

Admiral Cochrane, however, appears to have by the British, voluntarily returned a few days disapproved of Nicholls's conduct in affording past. Their statement of the supplies and ne- protection to the Spanish slaves, and had sent the groes left by the British corresponds with that Hon. Captain Spencer to Pensacola for the purcontained in the deposition of Jervais, enclosed pose of making arrangements for their restorain the letter which I had the honor to address to tion; who accordingly proceeded to Appalachi. you on the 14th instant. The negroes add that cola, with Captain Pentado, named commissioner there are at Appalachicola nearly eight bundred on the part of the Spaniards. lodian warriors, and that the negroes were per

It does not appear that these gentlemen were mitted to remain with the Indians as freemen, or successful in their mission, as it was understood to return to their masters, as they should elect, that the refugees were not to be coerced, but and that but few bad agreed to return.

merely such facilities afforded to those who volI feel convinced that the Indians are generally untarily agreed to returo, as might be found under the impression that the lands ceded to the necessary. United States by the treaty with General Jackson

Much altercation has arisen out of this commust be restored, or that a war must ensue ; and mission, in consequence of many officers having that their friends, the British, will re-establish espoused the cause of the slaves; and at one time them in the possession of these lands.

the life of Captain Spencer had been threatened So industriously have these impressions been by the negroes. Captain Rawlins adds that much circulated by the British and Spanish agen

ammunition, and a good many stands of arms, among the Indians, that, so far as I can learn, with some pieces of artillery, had been left with not only the chiefs, but the common warriors, are them; and that the fort constructed by Colonel in the habit of saying that the British treaty with Nicholls “ would not be destroyed." the Americans gives the Indians their lands taken

I have since learned that the Carron, which by the treaty with General Jackson.

must bave sailed from Appalachicola previous to Since writing the above, I have been furnished the Borer, is arrived at Nassau, on her way to with the enclosed deposition of S. Dale, who is Bermuda, with one hundred and seventy-six a major of militia.

slaves of all ages. As she is daily expected, and I have the honor to be, most respectfully, sir, might be as well to wait their arrival before you

as Captain Spencer is now on his way here, it your obedient servant, EDMUND P. GAINES,

make any official communication to your Gore Major General by brevet,

ernment on the subject. It is however obvious,

that were you in possession of the whole facts, no P.S.-Since closing my letter, I learn that time ought to be lost in recommending the adopNicholls, said to be a colonel in the British ser- tion of speedy, energetic measures, for the device, is still at Appalachicola, and that he has struction of a thing held so likely to become Relations with Spain.

dangerous to the State of Georgia. The Spaa- time the corn was green; and now their miseries iards are not in a situation to do it, but I dare say and necessities cause them to root up the seeds would co-operate. I have learned that the whole of our future crop, so that what we sow in the of the slaves brought from the United States day we are obliged to watch at night. Were it have been sent to Nova Scotia, with the excep- not for the powder we get from your chief, the tion of a few that were lately shipped to the isl- whole of the nation would be in dust. The Red and of Trinidad, in His Majesty's ship the Levant, Sticks have shot and eaten up almost the whole and such as bave enlisted in the colonial marines of our cattle, for they have seen their children were in these islands. A few stragglers have digging in the woods for want; and who can contrived to get on shore in the Bermudas, and blame them, when they are pressed by such cruel by the connivance of their colonized friends to necessity ? Thus we are situated, and we are remain, very contrary to the wishes of the iphab- only looking to the departure or the stay of your itants, who are in general desirous of getting rid children as the signal of our destruction or prosof them.

perity. In former times, after the British left us, It has been whispered (I know not with what to show our love and regard for their nation, we truth) that the people expected in the Carron, made a grant of our lands to the house of Panwho are from Louisiana and West Florida, are ton, Leslie, & Co., and latterly to the house of also to be sent to Trinidad.

John Forbes & Co., od certain terms that they The Carron is arrived; and this morning I un- were to settle the lands with British men, and derstood from Messrs. James and Michael Car- keep up a sufficient and good assortment of all ron, the agents of Sir Alexander Cochrane, the sorts of merchandise suitable to our wants; but, Carron was going to some port of the West instead of their doing this, they have attempted Indies-unquestionably to Trinidad.

to settle our lands with Americans, and have re

fused to supply us with powder when we were No. 9.

attacked by our enemies, and have urged us to Address to the King of England from the Indians, declare for the Americans against the British,

published in the English newspapers of the 15th of and have offered rewards to us for that purpose ; August, 1818.

and they have actually, written to their agents We, the chiefs of the Muscogee nation, in full who reside among us, desiring them to obstruct council assembled, on behalf of ourselves and our the British officers all in their power from assistpeople, do make the following requests of our ing us, and to represent to them, also, how imgood father, King George, and declare to him cer possible it would be for them to succeed against tain resolutions we have come to, with our reasons the Americans; and we, having intercepted their for so doing,

letters, did deliver them to Lieutenant Colonel We conceive it to be indispensably necessary. Nicholls, who is our witness; and the said letters for our good, as well as to make us useful allies of were delivered by an Indian to John Forbes, at Great Britaiu, that officers should be constantly St. Augustine, to be forwarded by him as aforekept among us; and we request that our good said ; and, as it does stand thus, on unquestionfather will grant us this favor. Since Colonel able proof, that the said house of Forbes & Co. Brown left us, we have been a prey to civil dis- have shamefully broken their contracts with us, sensions, fomented and kept up by our inveterate we do, in this our full assembly, declare all their and never-to-be-satisfied foe, the Americans; by property in our nation to be confiscated to the their bad advice has brother been in the act of nation, and we further annul and declare void shedding the blood of brother; and when the land our grant or grants of lands accordingly, warnbecomes thus desolated, they possess themselves ing them, and all belonging to them, never to of it, so that we shall soon be driven to the desert appear again in the nation. And the United sands of the sea from the fertile fields of our fore- States, or some part thereof, have thought proper fathers; and we are told that the Spaniards will to run a line or wagon road through the Indian not let us trade with the British from the mouths nation, from Hartford, in Georgia, to Mobile, in of our rivers ; we, therefore, further request that West Florida, without our consent, and to our our good father will secure for us the mouths of great hurt and annoyance. the rivers Appalachicola, Alabama, and St. Ma. We implore our good father that he will cause ry's; for, if our communication is once more cut them to disuse the said road, and to cease all comoff from his children, we shall be totally ruined.munication between them and us, as we are deWe have fought and bled for him against the termined to cease having any communication Americans, by which we have made them our with them ; and we warn all Americans to keep more bitter enemies; and, as he has stood the out of this nation. And whereas that a young friend of the oppressed nations beyond the great chief, called McIntosh, was sent with a message waters, he will surely not forget the sufferings of of remonstrance against the abovementioned road his once happy children here. We therefore rely being run, and of several other encroachments on his future protection and fatherly kindness; on the Tombigbee, Coosa, and Alabama rivers, we will truly keep the talks which his chief has instead of his making such remonstrance, he sufgiven us, if he is graciously pleased to continue fered himself to be tricked by our enemy, and his protection. Famine is now devouring up our- unlawfully sold to them large tracts of land on selves and our children, by reason of our Upper and about the rivers Oconee and Ockmulgee, Town brethren being driven down upon us in the I wbich tracts of land we implore our good father Relations with Spain.

to use his endeavor in getting restored, and that H. Boss, Captain Rifle Corps ; Jos. Roche, Capthe Americans may be obliged to withdraw from tain 1st West India Regiment; Wm. Hambly. them. The abovementioned McIntosh holds a Lieutenant and 1st Interpreter. commission as Major in the American army, and

No. 10. 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

Baker, dated the brave to any one who may kill him, he hav

July 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 baving 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 ex our 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 win 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 ceriain Indians, whom he calls the to be traitors to this nation who shall, without Creek nation, which he has sent to his Govern. his 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- live 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 calling your attention to these proceedings, in their laws and property; and we send as our it is not my object to dwell on each particular representative our brave brother Hillis Hadjo act of which I complain. I shall remark, gener(Francis) to our father, who is authorized to ally, that, as the treaty with the Creeks was conratisy this treaty.

cluded before the treaiy of peace with Great BritGiven under our hands, at the British sort at ain, the ninth article of that treaty has no bearing the confluence of the Chatahoochee and Flint with that nation ; and that any interference of rivers, this 10th March, 1815.

Nicholls, or other British agent, with the Creeks, Hopoath Mico, King of the Four Nations, however slight, is improper and unjustifiable.

his x mark. The President cannot doubt that the conduct of Hopy Mico, bis x mark.

Colonel Nicholls and of the other British agents, Nehemathla, 1st, his x mark.

as stated in the correspondence which is commuJustomic Hago, his x mark.

nicated, is unauthorized by your Government, and Onus Hago, his x mark.

that they will be justly censured and punished by Nehemathla, 2d, his x mark.

it. In the meantime, as you were particularly Nehematbla, 3d, his x mark.

empowered to act in all circumstances, connected Justomic Emathla, his x mark.

with the execution of the late treaty of peace, I Octaithge Hago, his x mark.

am persuaded that you will readily interpose your Acopehigemathlo, his x mark.

authority to put an end to proceedings of a nature Tatao Mico, his & mark.

so vnwarrantable, and which have already proHopoathla Justanuggee, his x mark. duced such injurious effects. Conope Mathla, his x mark.

No. 11.
Yatoule Mathla, his x mark.
Johnson, his x mark.

Extract of a letter from the Secretary of State to Mr. Hillis Hadjo, his x mark.

Adams, dated
And fourteen other chiefs.

DEPARTMENT OF State, July 21, 1815. Witnesses-Ed. Nicholis, Lieutenant Colonel ; The conduct of Colonel Nicholls to the south

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