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Relations with Spain.

territory prior to the war being guarantied by the They all started on horseback. The two deputies treaty beiween England and the United States, that go to Nassau with me left behind. and to request that he, the commandant, would re- These men are children of nature; leave them frain from further encroachments, and give orders in their forests to till their fields and hunt the that their lands should be respected. The answer stag and graze their catile, their ideas will extend they received from the commander was, that it was no farther; and the honest trader, in supplying all írue they had told him, but that he had orders their moderate wants, may make a handsome to act as he did. A chief of the Fowl Town In-profit of them. dians stated that the American troops, returning They have been ill-treated by the English, and from the destruction of the fort at Prospect Bluff, robbed by the Americaps; cheated by those who burnt'cne entire town and murdered several of have dealt with them, receiving goods and other their people, because they would not join them articles at most exorbitant prices for their peltry, when going down the river. The Tiger warrior, which has been much undervalued. I say the and two other men of note, spoke, stating the çir- English ill-treat them: after making them parties cumstances of aggression and cruelty that had in the war with America, they leave them without come to their knowledge. Cappachimico, Mc- a pilot, to be robbed and ill-treated by their natu. Queen, and the others, further stated what reports ral and sworn enemies, the Americans. When the they had from Doyle, Hambly, &c., and all were English officer, Colonel Nicholls, left Prospect of opinion, and firmly believed, that Hambly, a Bluff

, on the Appalachicola river, he left particu. clerk to and influenced by Forbes, was the cause lar orders with Cappachimico and the oiher of the destruction of the fort at the bluff; and chiefs not on any account to enter on the territory that Hambly went down the river as a guide to of the Americans; while, at the same time, he inthe American army, and was particularly instru- formed them the Americans were to give up that mental in its being blown up, as he pointed out territory they had taken possession of during the to the American officers where the magazines war; but, while he informed the Indians how they were placed, that they might play their shells should act, and what the Americans were to do against them. Such few negroes as were saved in compliance with the treaty, he left no person from the explosion unhurt were carried off by the to guide them in their conduct in case the latter Americans with capnod, ammunition, arms, &c., should not comply, or continue to extend their en. that were found in the fort.

croachments and commit aggressions. When N. B. I take no notice of Captain W.'s talk to such was the case, they had none to represent the Indians, because I doubt much of what he their case to the British Government but William stated was not founded in fact, and was only men Hambly, the clerk of John Forbes, and Doyle, tioned by him to strengthen the chiefs in their another of his clerks, both of whom had long attachment to the British Government. I say no before the couclusion of the war sold themselves further on this head. of his promises, I fear he to the American Goveroment, and, while they bas also gone too far; and, perhaps, ai a future were receiving British pay, acted as spies to the time, when the Indians fiod them unperformed, Americans. These persons were not likely to the rage for their disappointment may fall on me represent the conduct and encroachment of the as a party aiding and abetting Captain W. in his Americans in their true light. No, they attempted deception. I have gone beyond my promise to lo influence the chiefs to join the Americans. Capiain W.; I have been deceived in almost Doyle stated, in a talk at St. Mark's, that in four everything; and yet he thinks every thing and years no Englishman durst set his foot in the person must be subservient to him. I have had Floridas; yet these were the only persons to himself and aid-de-camp on board since the 31st whom the poor untutored Indian_could apply to August; in any expedition, in canoe or boat, I represent their grievances to the British Governhave supplied his wants. I kept three negroes on ment, or any governor of their islands; and it was board more than two months on his account. I not likely they, the tools of the Americans, would presented the chiefs for him and on his account. give a just and true account of the Indian grierI have seen my provisions taken and given away ances. Hambly, the Indian interpreter, was or. when we were on short allowance; for Captain dered to write to the Governor of New Provi. W. gives liberally when it is not out of his own dence, demanding his interference; and, by an pocket, but is extremely costive when anything intercepted letter from his brother, dated at Regla, is wanted from home.

in February last, it appears he had written a leitet 101h. Cappachimico and McQueen gave me a to New Providence; but to whom ? note of the most necessary articles they wanted immediately, and which I promised them to bring,

No. 69. if possible, by the end of December, and land Arbuthnot to the commanding officer at Fort Gaines. them as agreed. Gave them a card with seals &c., as a token that, when they received a messenger

OCHLOCHNEE SOUND, March 3, 1817. with the duplicate thereof in R. W., he came with Sir: I am desired by Peter McQueen, an unthe straight talk from me; made each a present fortunate chief, who was some years since obliged of rum, sugar, coffee, and one hundred cigars; to fly from his town of Tucka batchee, on the also, the Tiger warrior and iwo others and the Talla poohatche river, to claim of your friendship test had a good lot of cigars each; gave them a the delivery of a negro man named Joe, (iaken parting glass; took leave at twelve, midday. I away from him since the peace,) whom he states Relations with Spain.

to be in Fort Gaines. When McQueen left New Providence a person from Great Britain Tucka batchee, his property was considerable, with authority to act as agent for the Indian na. both in negroes and caule; of the former, ten tions; and, if so, it will devolve on him to see grown negroes were taken by a half-breed 'man that the boundary lines, as marked out by the named Barney; nine of whom he learns were treaty, are not infringed upon. sold, and one, a girl, is still in possession of said I hope you will not think these observations, Barney. Twenty able-bodied negroes were taken made by desire of the chiefs, any improper interby a chief named Colonel, or Auchi Haiche, who ference; and requesting the favor of an answer, acts also as an interpreter'; and, as he never had I am, respectfully, sir, your obedient servant, possession of any of those persons' property, nor

A. ARBUTHNOT. ever did them any injury, io his knowledge, he claims a further proof of your friendship, ihat

P. S. McQueen states that the offspring of the you will use your influence in procuring these of ihose taken by Barney, and nine of those taken

negroes when he left Tuckabatchee were seven negroes for him; and, should they be given up by Auchi Hatehe, and he supposes they have by the persons holding them, there is one faithful

increased. negro among them, named Charle, who will bring them to him at Ochlochnee river.

No. 70. The American headmen and officers, that were A. Culloh to Arbuthnot, (answer to No. 69,) found accustomed to live near him, can testify to his

among Arbuthnot's papers. civility and good fellowship with them; and there are none of them, he is convinced, that

FORT GAINES, May 1, 1817. would not serve him if in their power. As he

DEAR SIR: On being informed by the come owes polbiog, nor ever took any person's property, manding officer that you had written, in behalf none have a right to retain his; and he hopes of Peter McQueen, for a negro man once in the that, through your influence, those persons now possession of myself at this place, requiring the holding his negroes will be induced to give return of said negro to (as you said) the rightful them up.

owner, I take the liberiy of informing you that While I am thus ad vocating the cause of one

the said negro is now at Fort Hawkins, Oakmulunfortunate individual, allow me to claim an gee river, claimed by an American citizen by the extension of your philanthropy to all the Indians name of Bowen White. He remained wiih us; within your circle, by your representing to them he was a deposite of some of the Indians, to be the folly of their quarrels, and that they ought given to the said Bowen when called for. Fur: to live quietly and peaceably with each other.

iher of his origin, or manner in which he was The Lower Creeks seem to wish to live peace

claimed as property, I cannot tell anything. You ably and quietly, and in good friendship with the inquired why citizens were descending this river. others; but ibere are some designing and evil. In answer, I say in right of and conformably to minded persons, self-interested, who are endeav- a late treaty between the United States and the oring to create quarrels between the Upper and Creek nation; for this part of the territory was Lower Creek lodians, contrary to their interest, ceded to us as a compensation for expenses and their happiness, and welfare. Such people be aid furnished and incurred by the friendly Creek long to no nation, and ought not to be counte. Todians against McQueen and his party, not have panced by any Government.

ing any reference or touching any article or part The head chiefs request I will inquire of you Great Britain. As to McQueen's having any

of the treaty between the United States and why American settlers are descending the Chatahooche, driving the poor Indian from his habi- claims on the good feeling and philanthropy of tation, and taking possession of his home and any citizen of the United States, it is a muck. cultivated fields.

ery and a farce; on the contrary, he has incurred Without authority, I can claim nothing of you;

buih the ill-will and hatred of his own people and but a humane and philanthropic principle guid-them, and bas, in fact, been the cause of the deing me, I hope the same will influence you, and, struction and loss of his native country. if such is really the case, and that the line marked

Your obedient servant,

AM. CULLOH. out by the treaty of peace between Great Britaia and the United States, respecting the Indian na

A. ARBUTHNOT, tions, has been infringed upon by the subjects of

Ochlochnee Sound, Florida Keys. the latter, that you will represent to them their

No. 71. improper conduct, and prevent its continuance.

I hold in my possession a letter received from Copy of a paper, without date or signature, found the Governor of New Providence, addressed to among Arbuthnot's papers ; supposed to be the him by His Britaopic Majesty's chief Secretary answer to No. 4, in the proceedings of the court. of State, informing him of the orders given to the martial on the trial of Arbuthnot. British Ambassador at Washington to watch over It is not in my power to comply with your the interests of the Indian nations, and see that wishes without the King's command, but you their rights are faithfully attended to and pro- may be assured that I shall lose no time in sub. tected, agreeably to the treaty of peace between mitting the representation you have now made the British and Americans.

to the consideration of His Majesty's GovernI am in hopes that ere this there is arrived at | ment.

Relations with Spain.

No. 72.

Supplementary documents received since the letter

to Mr. Erving was forwarded. A. Arbuthnot to General Mitchell, agent of Indian Affairs.

[From the Public Ledger and Daily Advertiser (of AQ

gust 27, 1818.]
Suwanee, LOWER CREEK Nation,
January 19, 1818.

MR. ARBUTHNOT. Sir: Kenhagee, head chief of the Lower Creek The following letters, in addition to those alpation, has called on me to request I would re- ready made public, lend io show the deep interest present to you the cruel and oppressive conduct which this unfortunale gentleman took in proof the American people living on the borders of curing redress for what he conceived to be the the Indian nation, and which he was in hopes, unprovoked aggressions of the American back from a talk you were pleased to send him some secilers on the Indian boundary line. weeks since, would have been put a stop to, and peace restored between the Indians and the American people; but, far from any stop being put 10 4. Arbuthnot to the commanding officer at Fort their ioroads and encroachments, they are pour.

Gaines. ing in by hundreds at a time, not only from the [This is an extract from the letter No. 69 in this col. land side, but both troops and settlers ascending

lection, consisting of the four paragraphs before the the Appalachicola river in vessel-loads. Thus,

Jast, which is omitted. See the document No. 69, the lodians have been compelled to take up

and the answer to it, No. 70.] arms to defend their hoines from a set of lawless Copy of a talk sent from the British agents in invaders.

East Florida to the Big Warrior, head chief Yuur known philanıhropy and good-will to- of the Creek nation of Indians.* wards the Indians in general induce the chiefs

OCHLOCHNEE RIVER, March 3, 1817. to hope that you will lose no time in using your influence to put a stop to those invasious of their

When the English made peace with the Amelands and paiernal birthright, and also order that ricans, they included the whole of the Indian nathose who have already seized on their fields may okee. Those nations were guarantied in the quiet

tions, viz: Creek, Choctaw, Chickasaw, and Cher. retire therefrom. The Indians have seized iwo persons known to have been greatly instrumental possession of their lands, and the Americans enin bringing the Americans down on their lands, gaged to give up such lands of the Indians as they and they are now in their possession as prisoners;

had laken possession of during the war. and they have it in report that sales of their

If they have not done so, or if they have been lands have been made by those two people, with making further encroachments, the chiefs have out consent, approbation, or knowledge of the oply to represent their complaints and the aggreschiefs; and, from their long residence in the sions of the Americans to ihe Governor of New nation, and ihe one baving enjoyed great confi- Providence, who will forward them to England, dence in the nation and with ihe chiefs, as Eng. or get them conveyed to the British Minister at lish interpreter, there is some reason to believe Washington, who has orders from the King of those reports, when leagued with the swarms of England to see that the rights of the nations Americans coming from Mobile and other places above mentioned are protected, and the stipulaseizing the best of the Indian lands. Such im- tions contained in the treaty, in their favor, are proper sales have actually been made.

faithfully carried into execution. lo laking this liberty of addressing you, sir, in

The Americans have no wish to go to war; behalf of the unfortunate Indians, believe me I they will not, therefore, do anything contrary to have no wish but to see an end put to a war the treaty; and what encroachmenis have been which, if, persisted in, I foresee must eventually made must be without the knowledge of the chief be their ruin ; and as they were not the aggres: he is informed thereof by the British Minister at

of the American Goveroment; and, so soon as sor, if, in the height of their rage, they commit any excesses, thai you will overlook them as the Washington, he will order the

American people just ebullitions

of an indignant spirit against an who have taken possession of Indian lands to invading foe. I have the honor to be, &c.

draw back to their own possessions. A. ARBUTHNOT,

The lodian nations are all one great family; By order of Kenhagee and Bowlegs,

they possess lands their great forefathers handed acting for themselves and the other chiefs.

down to them, and they ought to hand them down entire to their children. If they sell their land,

what do they receive for it? Nothing that will CAMP BEFORE ST. MARK's,

last. It is wasted away in a few years. Whether,

April 8, 1818. therefore, they sell, or give it away, they are robThe foregoing letter was produced to A. Ar- bing their children of the inheritance they had a buthnot, on his examination before me, and ac

right to expect. As a great family, they ought

to live as such with each other. Let the four koowledged by him to have been written by bim to General Mitchell, agent of the Creek nátion. 'ANDREW JACKSON.

* This appears to be the same talk with the letter

to the Little Prince, mentioned in the proceedings of Present: Mr. Fulron.

the court-martial on Arbuthnot's trial.

Relations with Spain.

dations joia in bonds of brotherly love; let them on my part, I have not done even more than smoke ihe pipe of peace ; let the cultivation of could be hoped for at once to terminate a contheir lands be their chief object during Spring troversy no less unpleasant than it is injurious and Summer, and hunting their diversion during to the interest of both nations. Winter ; and the produce of their labor will be It was painful to His Catholic Majesty's Govbought by good people, who will come and deal ernment to fiod that the differences which originwith them when they know there is anything to ated in the pretensions first formed by the United be purchased for goods or money.

States in ihe year 1805 were not then definiIf the Americans or other nations live near tively seliled; but the cenaciousness of the Amer. them, let them live in friendship with :hem, and ican Plenipotentiaries in maintaining them, and keep up a good understanding, but on no ac- their refusal to accede to those advanced by His count sell or give away any of their lands. I re- Majesty, in conformity with the most in violable commend this as a friend of humanity and of duties of his Royal Crown, as a preliminary to good order.

the ratification of the convention of 1802, ibrew A. ARBUTHNOT. insurmountable obstacles in the way of both ;

these obstacles still existed on the part of the The head chiefs of the Upper Creek pation United States at the period of the revolution in have desired me, Opony, to get the straight talk Spain, in 1808. From that time, and until the for them; what is written in ibe foregoing I be latter part of 1815, you are aware, sir, that the lieve to be the true and straight talk received acknowledge His Catholic Majesty's Minister,

Government of the United States declined to from an Englishman,* who carried two deputies and that the diplomatic intercourse between the to New Providence, and returned with them to iwo Powers was interrupted. From the moment Ochlochnee. 1, Opony, have been sent by you, your Government resolved on changing its course, ibe head chiefs of ihe Upper Creek nation, to see and receiving the Minister of Spain, my Governthe Seminole Indians. I have done so ; they ment has employed the most unceasing efforts to live quietly and peaceably, and wish to do so. adjust all existing differences, and establish on a with all their red brethren, in every part of the just and solid basis the mose perfect harmony pation.

Opoy Hateho has desired me to see those and lasting friendship. For this I appeal to the things ; I have done so; and see all quiet, and Minister of State and the Plenipotentiaries of the

correspondence between His Catholic Majesty's had ihe talk I now send you, and shaken hands United States at Madrid, and so that I have had with the friend who gave it me.

That the friend I have met came over with the honor to carry on here with yourself and your goods by desire of the chiefs of the lower towns, predecessor. I leave it to the judgment of any and is a true friend to the Indians. The vario it, rejecting whatsoever is irrelevant or unfound

impartial person who may be disposed to analyze ous and untrue talks that you sent me from time ed, to determine who has reason and justice on 10 time must be made by some person an enemy his side, and decide whether it is possible that any to us, all red brethren, and ought not 10 be lis, nation in the world, similarly situated, could act tened 10 ; let me know who they are, and send with greater generosity and good faith than me an answer as soon as possible to the present Spain, or offer greater sacrifices to meet the talk.

wishes of the United States, with a view to putOPONY, his X mark.

ting an end to the controversy between then. Written by order of the aforesaid Opony, the As you stated to me, in your note of 31st of 11th of March, 1817.

October last, that the proposals you then made A. ARBUTHNOT.

me by order of your Government comprehended Witness: AARON MORRIS.

everything which the President conceived it pos

sible, within the compass of his powers and duty, Don Luis de Onis to the Secretary of State.

to offer for the final arrangement of the pending

differences, I endeavored, in my letter of ihe 16th WASHINGTON, Dec. 12, 1818.

of November last, to modify the proposals made Sir: I have had the honor to receive your in yours of the 31st of October, and approximate nole of the 30th ultimo, in reply to mine of the them to yours to the utmost extent of my pow24th of the same nuonih, by which I perceive, ers. I even expressed my earnest desire io conwith great concern, the failure of the flattering clude the negotiation, so far as to admit the rehope I had formed of seeing a speedy and amica- moval of the boundary line from the Gulf of ble termination of ihe differences existing be- Mexico, on the river Sabine, as proposed by you; iween our respective Governments. But I leave and I only added that it should run more or less to those who may impartially inquire into the obliquely to the Missouri, thereby still keeping state of things, their origin, nature, and all the in view ihe consideration of conciliating the wish circumstances hitherto atiending them to those that your Guvernment might have of retaining who form their judgments upon the principles such other settlement as might have been formed of justice, the dictates of conscience, and the on the bank of that river, and observing, nevermost established rules of human reason, whether, theless, that it was not to pass by New Mexico,

or any other provinces or dominions of the Crown • See Arbuthnot's Journal, No. 68.

of Spain. Notwithstanding this, and the further Relations with Spain.

advantages offered in the said proposals, I now understood. It follows the course of the Missis. observe that they still appear insufficient to meet sippi to the Iberville, running through it, and the the wishes and views of your Government; which lakes Maurepas, Pontchartrain, and Borgoe, to is the more a subject of regret to me, as the rea- the Gulf of Mexico. In opposition to facts of sons and grounds on which I founded a hope of such notoriety, unfounded assertions can bare no a different result were, and still are, of the greatest weight. The offer of the United States, made weight.

through the medium of the French Goveroment, What you now statė, namely, that your pro. to require of Spain the territory lying between posal relative to the western boundary between the Mississippi and the Perdido, at the time the ihe two Powers involved a great sacrifice on the United States were already in possession of Loupart of the United States in favor of Spain, ap- isiana, is an additional proof lending to demon. pears incomprehensible to me. That proposal, strate the certainty and notoriety of the boundeven modified and adapted to that which I made aries I have just alluded to. And the French to you on the 24th of last month, included in fa- Government, which sold Louisiana to the Univor of the United States a considerable extent of ted States, solemnly declared to this Government, territory to the right and left of the Mississippi, in a note addressed to Mr. Monroe, dated the 21st to which they neither had nor can have any right December, 1804, not only what was its extent, whatever; and that fact being, as assuredly it is, but that it had delivered that province to the beyond all contradiction or doubt, I cannot con- United States, such as Spain had retroceded it to ceive in what consists the sacrifice made by the France; and ibat, so far from having sold to this United States to Spain in the proposal offered by Republic any part of the territory east of the you. In fact, how can it be denied that Spain ha's Mississippi, known and possessed by England and ever been in the peaceable possession of all the by Spain under the name of West Florida, His countries lying to ihe westward of the Mermen- Imperial Majesty, with a full koowledge of what to, the boundary between the Spanish dominions belonged to His Catholic Majesty, early in the and those of France, in that quarter, being a lige eleventh year of the Republic, authorized Genrunning due north from the said river to the Rio eral Bournonville, his Ambassador at Madrid, to Roxo (Red river) between the Adaes and Natchi-open a negotiation with Spain for the purchase toches, and thence to the Missouri, although it or cession of the Floridas. From whai I have was not exactly determined whether it was to as- just pointed out, as well as from what I have cend until that river emptied into the Mississip. repeatedly stated in the course of my correspondpi, or to some other point? Has the Government ence, it evidenily follows that the real aod onof France, peradventure, ever taken any step or questionable sacrifice was that made by His Cathcontested with His Catholic Majesty's Crown, blic Majesty in favor of the United States, as or carried her pretensions beyond those limits ? expressed in the above-mentioned proposal. Is it pot universally notorious that this dividing The continued persistance of your Goveroment line was always respected by both nations; and in its pretensions to all the territory lying between that, even after the acquisition of Louisiana by the Mermento and the river Bravo del Norte is the United States, the different Governors of not sufficient to invalidate the titles of property Louisiana and Texas, with a view to avoid dis- and possession which establish the right and doputes, came to an agreement to consider the ter- minion of Spain therein, when the English coloritory between the Mermento and the Sabine as dies composing the Republic of the United States neutral, and that it should remain unsettled? Is were not yet in existence, nor the French selilethere the least probability that the United States ments, which serve as the pretext for the amazwould propose such an arrangement if they con- ing pretensions of your Government. For, what ceived ihemselves to be the owners of the immense titles and proofs have been produced to justify country lying between that river and the Rio them? The disastrous expedition of M. de la del Norte ? I cannot but think you must admit Salle; the absurd grant in favor of Crozat; and these facts. As to the other points of the fron- the erroneous narratives of travellers with maps tier separating the possessions of both Powers, formed at pleasure, by uninformed and interested they are equally well known, being accurately geographers-such as Melish and others who determined and defined in solemn creaties, and ran their lines as they were dictated to them, and particularly in that of 1795, between Spain and thus disposed of the dominions of Spain'as suited the United States. The dividing line between their wishes. When did La Salle enter the Rio the dominions of the two Powers to the eastward Bravo, and take possession of the extensive counof the Mississippi was fixed on that river to the tries between it and the Sabine? Was not his northernmost part of the thirty-first degree of expedition, the sole object of which was to disnorth latitude, running thence due east to the mid- cover the mouths of the Mississippi, lost on the stream of the river Appalachicola or Chata hoo- coast of the province of Texas į Did not the chee; thence along the mid-stream of that river Spanish troops immediately advance from Mexico to its junction with the Flint; thence in a right to expel these adventurers { What establishment line to the head-waters of the St. Mary's river, did France, or any other nation, ever hold on the and following the course of the same to the At- Bravo or the Colorado ? The grant of Louis lantic ocean. On the side of the Gulf of Mexico XIV., no less contemptible than the tales and the line has also been accurately determined, so fables of the missionary Hennepio-will it peras to prevent its ever being confounded or mis- chance name the river Bravo, ihe Colorado, or

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