[279] Article I [p. 354].
[280] For an illustration of how the Seminoles had been preferring the claim, see the following affidavit:
Be it known that on this 22d day of January, A.D. 1856, personally appeared before me, J. W. Washbourne, United States’ Agent for Seminoles, in open Council, the following named Chiefs and Head men of the Seminole tribe of Indians, and deposed to the subsequent statement.
That sometime during the war between the United States and the Seminoles, Gen. Thomas S. Jessup, then commanding the U. S. troops in Florida, issued a proclamation to the effect that all negroes belonging to the hostile Seminoles who should come in and take service under the Government against their masters, or in any way render service to the United States against the Seminoles, or induce them to sue for peace and emigrate west, they, the negroes, should be declared free: That many negroes took advantage of said illegal proclamation and did take service in Florida under Government, but that, by far the larger number of negro slaves who took refuge under said proclamation and thereby claimed their freedom, did so after the immigration west was determined or consummated: That said negro slaves, in great numbers and to the great injury of their owners, and against their orders, took refuge within the United States’ post, Fort Gibson, Cherokee Nation, where they were for upwards of three years protected by the United States officers at that Post, although the Seminoles claimed them, the negroes, as their lawful slaves, and protested against this procedure of the U. S. officers: That while these negro slaves were thus protected by military officers, it was impossible to keep their slaves at home who were continually flying to Fort Gibson, where they were beyond the reach of their masters: That this occurred during the years 1845-’6-’7: That through the instrumentality of their former Sub Agent and attornies employed by them, they after long delay and at great expense and loss of slaves, presented the matter to the attention of the Secretary of War, Hon. Wm. L. Marcy, and that finally from him, as such Secretary of War, there issued an order bearing date the 5th of August 1848, directed to the commanding officer at Fort Gibson, enjoining him to protect no longer said negro slaves at that Post and commanding him to deliver all of said slaves to the Seminoles their rightful owners: That even after this order the nuisance did not abate, for another order dated July 31st 1850 required the commanding officer of Fort Gibson to give no further protection to these “Seminole negroes”: That by this order of the Secretary of War, as was just and right, the United States recognised the ownership of these said slaves as being in the Seminoles, and that they were entitled by law and right to said slaves and their service: That in consequence of the withdrawal of the protection afforded them at Fort Gibson and from their having so long considered themselves free, said slaves in great numbers escaped, some of whom reached Mexico, some were killed by the wild Indians, and the remainder were only captured at great and ruinous expense: That the owners of these said negro slaves are justly and equitably entitled to the service of said slaves, while unlawfully and against the power and protests of the Seminoles, detained at Fort Gibson for the space of more than three years, by U. S. officers: That the number of said negro slaves so unlawfully detained and kept from the service due their masters, as near as now can be estimated was Two Hundred and Thirty-four or thereabouts: That the services of these said slaves for these three years and upwards were amply worth at the time Seventy five dollars each per annum, making the sum of Fifty two Thousand Six hundred and fifty dollars ($52.650.00,) to which the Seminole owners of said slaves are fully and fairly, in law and equity, entitled, and which ought to be paid to them by the Government of the United States.
John Jumper, P. Chief Seminoles X his mark
Pah suc ah yo ho lah, Speaker Council X his mark
Chitto-Tusto-muggee X his mark
Arhah-lock-Tusto-muggee X his mark
Noke-su-kee X his mark
Pars-co-fer X his mark
Tesi-ki-ah X his mark
Alligator X his mark
Talla-hassa X his mark
George Cloud X his mark
Ho-tul-gee-Harjo X his mark
Tar-hah Fixico X his mark
Sworn to and subscribed before me, in open Council Jany 22d 1856.
J. W. Washbourne U. S. Agent for Seminoles.
Witnesses: George M. Aud
[281] President Polk seems to have been of the opinion that negro slaves could not be freed by military proclamation [Diary (Quaife’s edition), vol. iii, 504].
[282] Slavery was not completely ignored even in the treaties of the Third Class. In Article IX of their treaty [p. 348], the Wichitas promised to do all in their power to take and return any negroes, horses, or other property stolen from white men or from Indians of the great tribes. The corresponding article in the Comanche Treaty [p. 355], was to like purpose.