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Defeat of the Seminole Indians, &c.

charge, that, being at Suwany, in the towns, about the 6th or 7th of April, he was awakened early in the morning by Mr. Ambrister's receiving, by the hands of a negro, who got it from an Indian, a letter from St. Mark's, at that time stated by Ambrister to be from the prisoner.

Question by the prisoner. Did you see that letter, or hear it read?

Answer. I did see the paper, but did not hear it read.

Question by the prisoner. Did you state that the letter was received by an Indian express? Answer. So the black man that delivered it said.

A question being raised by a member of the court as to their jurisdiction on the third charge and its specifications, the doors were closed, and, after mature deliberation, they decided that this court are incompetent to take cognizance of the offences alleged in that charge and specifications. PETER B. COOK, a former clerk to the prisoner, and a witness on the part of the prosecution, being duly sworn, stated, that, about December or January last, the prisoner had a large quantity of powder and lead brought to Suwany in his vessel, which he sold to the Indians and negroes; that, subsequent to that time, which he cannot recollect, Ambrister brought for the prisoner, in his (the prisoner's) vessel, nine kegs of powder and a large quantity of lead, which were taken possession of by the negroes; the wituess also identified the following letters referred to in the foregoing charges and specifications, marked A, B, C, D, E, F, G, and H, as being the prisoner's handwriting; also the power of attorney, No. 1, granted by the Indians to A. Arbuthnot.

A.

From A. Arbuthnot to his son, John Arbuthnot.
FORT ST. MARK'S, APRIL 2, 1818,
9 o'clock in the morning.

DEAR JOHN: As I am ill able to write a long letter, it is necessary to be brief. Before my arrival here, the commandant had received an express from the Governor of Pensacola, informing him of a large embarcation of troops, &c., under the immediate command of General Jackson; and the boat that brought the despatch reckoned eighteen sail of vessels off Appalachicola. By a deserter that was brought here by the Indians, the commandant was informed that three thousand men, under the orders of General Jackson; one thousand foot and one thousand six hundred horse, under General Gaines; five hundred under another General; were at Prospect Bluff, where they are rebuilding the burnt fort. That one thousand Indians of different nations were at Spanish Bluff building another fort, under the direction of American officers; that, as soon as these forts were built, they intended to march-they have commenced. Yesterday morning advice was received that they had appeared near and two of the sons of McQueen and an Indian. Late in the afternoon three schooners came to anchor

at the mouth of the river; and this morning the American flag is seen flying on the largest. I am blocked here; no Indians will come with me; and I am now suffering from the fatigue of coming here alone.

The main drift of the Americans is to destroy the black population of Suwany. Tell my friend Bowleck that it is throwing away his people to attempt to resist such a powerful force as will be down on Suwany; and as the troops advance by land, so will the vessels by sea. Endeavor to get all the goods over the river to a place of security, as also the skins of all sorts; the corn must be left to its fate. So soon as the Suwany is destroyed, I expect the Americans will be satisfied and retire; this is only my opinion; but I think it is conformable to the demand made by General Gaines of King Hatchy some month's since. In fact, do all you can to save all you can ; save the books particularly. It is probable the commandant will receive some communication from the vessels to-day, when he will know more certainly what are their motives in coming off the fort. I think it is only to shut the passage to the Indians. Twenty canoes went down the river yesterday, and were forced to return. The road between this and the Mickasukey is said to be stopped. Hillis Hadjo and Himathlo Mico were here last night to hear what vessels; they will remove all their cattle and effects across St. Mark's river this morning, and perhaps wait near thereto for the event.

I have been as brief as I can, to give you the substance of what appears facts that cannot be doubted. To enter into details in the present moment is useless. If the schooner is returned, get all the goods on board of her, and let her start off for Mounater creek, in the bottom of Cedar Key bay. You will there only have the skins to hide away. But no delay must take place, as the vessels will no doubt follow the land army; and perhaps even now some have gone round. I pray your strictest ually more to your interest. attention, for the more that is saved will be event

Let the bearer have as much calico as will make him two shirts for his trouble. He has promised to deliver this in three, but I give him four days. I am yours, affectionately,

B.

A. ARBUTHNOT.

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SIR: Being empowered by the chiefs of the Lower Creek nation to represent the state of their nation to your excellency, that you may be pleased to forward the same for the information of His Majesty's Government, to whom alone they look for protection against the aggressions and encroachments of the Americans, I beg leave to submit to your excellency the enclosed representations, humbly praying that your excellency will be pleased to take an early opportunity of forwarding the same to Great Britain.

I am also instructed by Bowleck, chief of the Suwany, to make the demand herein enclosed;

Defeat of the Seminole Indians, &c.

he never having had any share of the presents
distributed at Prospect Bluff, though he rendered
equally essential services as any of the other chiefs
to the British cause, while at war with Ameri-
ca; and was at New Orleans with a part of his
warriors. His frontiers being more exposed to
the predatory incursions of the back Georgians,
who enter his territory and drive off his cattle,
he is obliged to have large parties out to watch
their motions and prevent their plundering; and,
being deficient of ammunition, he prays your ex-
cellency will grant his small demand.
Humbly submitting the same, I have the honor
to be, your excellency's most humble servant,
A. A.

excellency the contents as delivered me by the chief's head English interpreter, with King Hatchy's reply thereto.

This letter appears to have been intended to sound the disposition of the chief, and ascertain the force necessary to overrun the nation; for, from then, until the actual attack was made on Fowltown, the same General, with General Jackson, seem to have been collecting troops and settling in various quarters.

If your excellency desires to have further information respecting the situation of this country and its inhabitants, I can, from time to time, inform your excellency of such facts and circumstances as are stated to me by chiefs of known veracity, or which may come under my own observation; and your excellency's order, addressed to me at New Providence, will either find me there, or be forwarded me to this country.

With great respect, I have the honor to be, your excellency's most obedient servant,

A. A. of the foregoing letter: The following memorandum was on the back

The humble representations of the chiefs of the Creek nation to his excellency Governor Cameron. First. We beg leave to represent that Edmund Doyle and William Hambly, lately clerks at Prospect Bluff to Messrs. Forbes, &c., and who still reside on the Appalachicola river, we consider as the principal cause of our present troubles and uneasiness. Hambly was the instrumental cause of the fort at Prospect Bluff being destroyed by the Americans, by which we lost the supplies these men have kept emissaries among us, tend-chy, 500; at present with Hillisajo; at presing to harass and disturb our repose, and that of ent under arms, 1,000 and more; attacking those our brethren of the Middle and Upper nation; Americans who have made inroads on their terthey spread among us reports that the Cowetas, aided by the Americans, are descending to drive us off our lands; they equally propagate false.

intended for our future wars. Since then both

C.

From A. Arbuthnot to Benjamin Moodie, enclosing letters to Charles Bagot, Esquire, British Minister at Washington.

SHAWNEE, CREEK NATION, January 27, 1818. SIR: The enclosed, containing matter of serious moment, and demanding the immediate attention of his excellency the British Ambassador, I trust he will, for this time, forgive the trifling expense of postage, which I have endeavored to prevent as much as possible by compressing much matter in one sheet of paper. Should you, sir, be put to any trouble or expense, by this trouble I give you, by being made acquainted with the same, I will instruct Bam, Dunshee, & Co., to order payment of the same.

I have the honor to be, &c.

A. ARBUTHNOT.

From A. Arbuthnot to the Honorable Charles Bagot, SIR: It is with pain I again obtrude myself upon your excellency's notice; but the pressing solicitations of the chiefs of the Creek nation, and the deplorable situation in which they are placed by the wanton aggressions of the Americans, I trust your excellency will take as a sufficient apology for the present intrusion.

In August last, the head chief of the Seminole Indians received a letter from General Gaines, of which I have taken the liberty of annexing your

Choctawhachy, 500; Himashy Miso Chattchi-
King Hatchy, 1.000; Boleck, 1,500; Oso Hatjo

ritory.

flints, sufficient to arm one thousand or two thouA quantity of gunpowder, lead muskets, and

sand men.

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From General Gaines to the Seminole Chief. Your Seminoles are very bad people; I don't say whom. You have murdered many of my people, and stolen my cattle and many good horses, that cost me money; and many good houses that cost me money you have burnt for me; and now, that you see my writing, you'll think I have spoken right. I know it is so; you know it is so; for now you may say I will go upon you at random; but just give me the murderers, and I will show them my law; and, when that is finished and past, if you will come about any of my people, you will see your friends; and, if you see me, you will see your friend. But there is something out in the sea-a bird with a forked tonguewhip him back before he lands, for he will be the ruin of you yet. Perhaps you do not understand who or what I mean-I mean the name of Englishman.

I tell you this, that if you do not give me up

Defeat of the Seminole Indians, &c.

the murderers who murdered my people, I say I have got good strong warriors, with scalpingknives and tomahawks. You harbor a great many of my black people among you at Sahwahnee. If you give me leave to go by you against them, I shall not hurt anything belonging to you. GENERAL GAINES.

To the SEMINOLE CHIEF.

From King Hatchy to General Gaines, in answer to the foregoing.

and oppression to obtain their ends. Against such oppressions the American Government must use not only all their influence, but, if necessary, force, or their names will be handed down to posterity as a nation more cruel and savage to the unfortunate aborigines of this country, than ever were the Spaniards in more dark ages to the nations of South America.

The English Government, as the special protectors of the Indian nations, and on whom alone they rely for assistance, ought to step forward and save those unfortunate people from ruin. And as you, sir, are appointed to watch over their interests, it is my duty as an Englishman, and the only one in this part of the Indian nation, to

You charge me with killing your people, stealing your cattle, and burning your houses; it is I that have cause to complain of the Americans. While one American has been justly killed, while in the act of stealing cattle, more than four In-instruct you of the talks the chiefs bring me for dians while hunting have been murdered by these lawless freebooters. I harbor no negroes. When the Englishmen were at war with America, some took shelter among them; and it is for you white people to settle those things among yourselves, and not trouble us with what we know nothing about. I shall use force to stop any armed Americans from passing my towns or my lands. KING HATCHY.

To General E. P. GAINES.

D.

Note of Indian Talks.

your information; and I sincerely trust, sir, you will use the powers you are vested with for the service and protection of those unfortunate people, who look up to you as their saviour. I have written General Mitchell, who I hear is an excellent man, and, as he acts as Indian agent, I hope his influence will stop the torrent of innovators, and give peace and quietness to the Creek nation.

I pray your excellency will pardon this intrusion, which nothing but the urgency of the case would have induced me to make.

I have the honor to be, yours, &c.

A. A.

E.
From Cappichimicco and Bowleck to Governor Cam-

eron.

In August, Capp had a letter from General Gaines, in substance as annexed, No. 1; and returned the answer, as by No. 2: nothing further was said on either side. The end of October, a party of Americans from a fort on Flint river surrounded Fowltown during the night, and be- It is with pain we are again obliged to obtrude gan burning it. The Indians then in it fled to ourselves on your excellency's notice, in consethe swamp, and in their flight had three persons quence of the cruel war we have been forced into killed by fire from the Americans ;, they rallied by the irruptions of the Americans into the heart their people, and forced the Americans to retire of our lands. It will be first necessary to state to some distance, but not before they had two more your excellency, that one head chief, Kinhijah, persons killed. The Americans built a block-received a letter from General Gaines în August house or fort where they had fallen back to, and last; a copy of which is enclosed, with the animmediately sent to the fort up the country for swer returned thereto. This letter only appears assistance, stating the Indians were the aggres- to have been a prelude to plans determined on by sors; and also settled with Inhemocklo, for the the said General and General Jackson, to bring loss his people had suffered; at the same time on troops and settlers to drive us from our lands, sending a talk to King Hatchy, by a head man, and take possession of them; for. in the end of OcApiny, that he would put things in such a train tober, a party of Americans surrounded Fowltown as to prevent further encroachments, and get during the night, and in the morning began setthose Americans to leave the fort. But no sooner ting fire to it, making the unfortunate inhabitants was the good talk given, and before the bearer of fly to the swamp, and who in their flight had three it returned home, than hundreds of Americans persons killed by the fire of the Americans. Our came pouring down on the Indians, roused them Indians rallying, drove the Americans from the to a sense of their own danger, they flew to arms, town, but in their exertions had two more of their and have been compelled to support them ever people killed. The Americans retired some dissince. It is not alone from the country, but by tance, and built a fort or blockhouse to protect vessels entering Appalachicola river with troops, themselves, until the assistance they had sent for and settlers are pouring into the Indian territory, to the fort up the country should arrive. A letand, if permitted to continue, will soon overrun ter falling into the hands of General Mitchell, the whole of the Indian lands. From the talk the Indian agent, which states the Indians to sent King Hatchy, by Governor Mitchell, I am have been the aggressors, he suspected its truth, in hopes that those aggressions of the Americans and, on inquiry, found it was the reverse; in conon the Indian territory are not countenanced by sequence, he made satisfaction to Inhinoothla, the American Government, but originate with the chief of Fowltown, and his people, for the men devoid of principle, who set laws and in- injuries they had sustained: at the same time, he structions at defiance, and stick at no cruelty | desired a talk to be sent to our head chief, stating

Defeat of the Seminole Indians, &c.

his wish to see all the Indians friends, and that stance of the encroachments of the Americans. in twenty days he would send and get the Amer- This town is situated under the guns of Fort icans to retire from the forts. But this has had Gaines; and Micco was desired to submit to the no effect on the lawless invaders of our soil; for Americans or his town would be blown to atoms. before the bearer of our talks could return home, Rather than do so, he retired, and is now living he met hundreds of Americans descending on us. in the lower nation, and his fields, and even where They have also settlers and troops which come the town stood, is ploughed up by the Americans. from Mobile, and go up the Appalachicola river. They complain of the English Government neThus, seeing no end to those inroads, necessity glecting them, after having drawn them into a compels us to have recourse to arms; and our war with America; that you, sir, have not kept brethren are now fighting for the lands they in your promise of sending people to reside among herited from their fathers, for their families and them; and that if they have not some person or friends. persons resident in the nation to watch over their But what will our exertions do without assist-interest, they will soon be driven to the extremance? Our sinews of war are almost spent;ity of the peninsula. You left Mr. Hambly to and harassed as we have been for years, we have not been able to lay by the means for our extraordinary wants; and to whom can we look up to for protection and support, but to those friends who have at all former times held forth their hands to uphold us, and who have sworn in their late treaty with the Americans to see our just rights and privileges respected and protected from insult and aggression? We now call on your excellency, as the representative of our good father King George, to send us such aid in ammunition as we are absolutely in want of; and, as our brother chief, Hillisajo, was informed, when in England, that when ammunition was wanted to enable us to protect our just rights, that your excellency would supply us with what was necessary. We have applied to the Spanish officer at the fort of St. Mark's, but his small supply prevented his being able to assist us, and we have only on your excellency to depend. We likewise pray your excellency would be pleased to send an officer or person to lead us right, and to apportion the supply you may be pleased to send us agreeably to our proper wants.

In praying your excellency will lend an ear to our demand, and despatch it without delay, we remain your excellency's faithful and most obedient friends and servants,

CAPPICHIMICCO,
BOLECK,

For ourselves and all the other
chiefs of the Lower Creek nation.
F.

Letter from A. Arbuthnot to Colonel Edwards Nicholls.

watch over the interest of the Creek nation, but you had hardly left the nation when he turned traitor, and was led by Forbes to take the part of the Americans. His letter to me, of which I an. nex you a copy, will show you what length he could go if he had the means. It is Hambly and Doyle who give the Indians all the trouble they experience. They send their emissaries among the Lower Creeks, and make them believe the Cowetas, aided by the Americans, are coming to destroy them. Thus both are put in fear, and their fields are neglected, and hunting is not thought of. I have endeavored to do away this fear, by writing the chief of the Coweta towns that they ought to live on friendly terms with their brethren of the lower nation, whose wishes were to be on good terms with them, and not to listen to any bad talks, but to chase those that give them from among them. My letter was answered from them rather favorably; and I hope the talk that was sent to the Big Warrior last June will heal the difference between them. Hillisajo arrived in my schooner at the Ocklocknee Sound last June, and was well received by all the chiefs and others who came to welcome him home. In consequence of his arrival a talk was held, the substance of which was put on paper for them; and it was sent, with a pipe of peace, to the other nations. Hillisajo wished to return to Nassau with me, but I prevailed on him to stay in the nation, and keep them at peace. I regret, sir, to notice this poor man's affairs, though, by his desire, it appeared that he arrived at Nassau a short time after I had left it in January, and Captain W. being here took charge of him, his goods, and money, prevailing on the Governor to let him stay with him until he went down to the nation, which it was his intention to do. Of the money received of Governor Cameron, he had only given him eighty dollars, by Captain W. a barrel of sugar, a bag of coffee, and a small keg of rum. And the interpreter, Thugart, informed that when Hillisajo asked for an account, Captain W. refused it, saying it would be useless to a man who could not read. He also misses two cases; one of which contains, he thinks, crockery. I have made inquiry of His Majesty's ordnance storekeeper, and he informs me the whole were delivered to Captain W.; they are, there

NASSAU, N. P. August 26, 1817. SIR: Especially authorized by the chiefs of the Creek nation, whose names I affix to the present, I am desired to address you, that you may lay their complaint before His Majesty's Government. They desire it to be made known that they have implicitly followed your advice in living friendly with the Americans who were their neighbors, and nowise attempted to molest them, though, they have seen the Americans encroach on their territory, burning their towns, and making fields where their houses stood. Rather than make resistance they have retired lower in the peninsula. The town of Eahallaway, on the Chata-fore, lost to Hillisajo. hoochee, where Olismicco was chief, is one in- I am desired to return Hillisajo's warmest ac

Defeat of the Seminole Indians, &c.

knowledgments for the very handsome manner you treated him in England, and he begs his prayer may be laid at the foot of His Royal Highness the Prince Regent. I left him and all his family well on the 20th June. Old Cappichimicco desires me to send his best respects, and requests that you will send out some people to live among them, and all the land they took from Forbes shall be theirs; at all events, they must have an agent among them to see that the Americans adhere to the treaty, and permit them to live unmolested on their own lands. This agent should be authorized by His Majesty's Government, or he will not be attended to by the Americans. In the gazettes of Georgia the Americans report the Seminole Indians are continually committing murders on their borders, and making incursions into the State. These are fabrications, tending to irritate the American Government against the poor Indians; for, during the time I was in the nation, there was only one American killed, and he with two others were in the act of driving off cattle belonging to Bowlegs, chief of Suwanee; whereas, three men and a boy were killed last June by a party of American cattle stealers, while in their hunting camps; the boy they scalped, and one of Bowlegs' head men was killed in St. John's river, in July. The backwood Georgians, and those resident on the borders of the Indian nation, are continually entering it, and driving off cattle. They have, in some instances, made settlements, and particularly on the Choctahatchy river, where a considerable number have descended.

By the treaty with Great Britain, the Americans were to give up to the Indians all the lands that may have been taken from them during the war, and place them on the same footing they were in 1811. It appears they have not done so; that Fort Gaines, on the Chatahoochee, and Camp Crawford, on the Flint river, are both on Indian territory, that was not in possession of America in 1811. They are fearful that, before any aid is given by the English Government, they will no longer be in possession of any territory. I wrote last January to his excellency the honorable Charles Bagot, respecting the encroachments of the Americans, as I was informed, by the copy of a letter from the right honorable Earl Bathurst, handed me by his excellency Governor Cameron, that His Majesty's Ambassador had received orders to watch over the interests of the Indians. Since my return here I have received of Mr. Moodie, of Charleston, an extract of a letter from the honorable Charles Bagot, that the expense of postage is so considerable, any further communications of the same nature must be sent him by private hands. Now, sir, as no person goes from this direct to Washington, how am I to be able to comply with his desire? Thus he will be kept ignorant of the situation of the poor Indians, and the encroachments daily made on their lands by the American settlers, while he may be told by the American Government that no encroachments have been made, and that the forts they still hold are necessary to check the

unruly Seminoles. Thus the person appointed to watch over the interest of the Indians having no other means of information than from the parties interested in their destruction, and seeing, from time to time, in the American gazettes, accounts of cruel murders, &c., committed by the Indians on the frontier settlements of the United States, he apprehends the Indians merit all the Americans do to them.

But let His Majesty's Government appoint an agent, with full powers to correspond with His Majesty's Ambassador at Washington, and his eyes will then be opened as to the the motives of that influence, American individuals as well as the Government, in vilifying the Indians.

The power given me, and the instructions, were to memorialize His Majesty's Government, as well as the Governor General at Havana; but if you will be pleased to lay this letter before His Majesty's Secretary of State, it will save the necessity of the first; and I fear that a memorial to the Governor General would be of no use. Referring you to the answer, I am, &c. A. ARBUTHNOT. To Lieut. Col. EDWARD NICHOLLS.

G.

From A. Arbuthnot to William Hambly.

OCKLOCKNEE SOUND, May 3, 1817.

SIR: On my return home, this day, I received a letter signed by you, and dated 23d March. As you therein take the liberty of advising me, as you say, by order of the chiefs of the Creek nation, I am glad of, and shall embrace this opening you gave me, and reply to you at some length; and, sir, let me premise that, when you lived at Prospect Bluff, a clerk to Messrs. Forbes & Co., you did not consider Cappichimicco, McQueen, or any other of the chiefs of the lower nation, as outlaws, nor have they ever been considered as such by the English Government, who are the especial protectors of the Indian nation; and it ill becomes Mr. Hambly to call Cappichimicco an outlaw, that man who has ever been his friend, and by his authority has prolonged his life. Yet, sir, the young chiefs and warriors of the Creek nation, considering you as the chief cause of their troubles, would have long ere this had possession of you, and perhaps with your life made you pay the forfeit for the injuries heaped on them, had not that man, who has been your friend from your early youth, stepped in as your protector. Yes, this is the man who Mr. Hambly presumes to call an outlaw. A pardoned villain, when going to the gallows, would bless the hand that saved his life; but Mr Hambly blasphemes his saviour.

As Mr. Hambly's generous friend is the principal cause of my being in this country, as an honest man I shall endeavor to fulfil my promise to him and the other chiefs. The guilty alone have fear; an honest and upright man dreads no danger, fears no evil, as he commits no ill; and your arm of justice ought to be applied where it would rightly fall on the heads of the really guilty. Your mean and vile insinuations, that have been the cause of thefts and murders, come ill from him

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