By 1827, however, the territorial legislature had begun to memorialize Congress and to ask for the complete removal of the Indians. Meanwhile the Negro question was becoming more prominent, and orders from the Department of War, increasingly peremptory, were made on Humphreys for the return of definite Negroes. For Duval and Humphreys, however, who had actually to execute the commissions, the task was not always so easy. Under date March 20, 1827, the former wrote to the latter: "Many of the slaves belonging to the whites are now in the possession of the white people; these slaves can not be obtained for their Indian owners without a lawsuit, and I see no reason why the Indians shall be compelled to surrender all slaves claimed by our citizens when this surrender is not mutual." Meanwhile the annuity began to be withheld from the Indians in order to force them to return Negroes, and a friendly chief, Hicks, constantly waited upon Humphreys only to find the agent little more powerful than himself. Thus matters continued through 1829 and 1830. In violation of all legal procedure, the Indians were constantly required to relinquish beforehand property in their possession to settle a question of claim. On March 21, 1830, Humphreys was informed that he was no longer agent for the Indians. He had been honestly devoted to the interest of these people, but his efforts were not in harmony with the policy of the new administration.

Just what that policy was may be seen from Jackson's special message on Indian affairs of February 22, 1831. The Senate had asked for information as to the conduct of the Government in connection with the act of March 30, 1802, "to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers." The Nullification controversy was in everybody's mind, and already friction had arisen between the new President and the abolitionists. In spite of Jackson's attitude toward South Carolina, his message in the present instance was a careful defense of the whole theory of state rights. Nothing in the conduct of the Federal Government toward the Indian tribes, he insisted, had ever been intended to attack or even to call in question the rights of a sovereign state. In one way the Southern states had seemed to be an exception. "As early as 1784 the settlements within the limits of North Carolina were advanced farther to the west than the authority of the state to enforce an obedience of its laws." After the Revolution the tribes desolated the frontiers. "Under these circumstances the first treaties, in 1785 and 1790, with the Cherokees, were concluded by the Government of the United States." Nothing of all this, said Jackson, had in any way affected the relation of any Indians to the state in which they happened to reside, and he concluded as follows: "Toward this race of people I entertain the kindest feelings, and am not sensible that the views which I have taken of their true interests are less favorable to them than those which oppose their emigration to the West. Years since I stated to them my belief that if the States chose to extend their laws over them it would not be in the power of the Federal Government to prevent it. My opinion remains the same, and I can see no alternative for them but that of their removal to the West or a quiet submission to the state laws. If they prefer to remove, the United States agree to defray their expenses, to supply them the means of transportation and a year's support after they reach their new homes—a provision too liberal and kind to bear the stamp of injustice. Either course promises them peace and happiness, whilst an obstinate perseverance in the effort to maintain their possessions independent of the state authority can not fail to render their condition still more helpless and miserable. Such an effort ought, therefore, to be discountenanced by all who sincerely sympathize in the fortunes of this peculiar people, and especially by the political bodies of the Union, as calculated to disturb the harmony of the two Governments and to endanger the safety of the many blessings which they enable us to enjoy."

The policy thus formally enunciated was already in practical operation. In the closing days of the administration of John Quincy Adams a delegation came to Washington to present to the administration the grievances of the Cherokee nation. The formal reception of the delegation fell to the lot of Eaton, the new Secretary of War. The Cherokees asserted that not only did they have no rights in the Georgia courts in cases involving white men, but that they had been notified by Georgia that all laws, usages, and agreements in force in the Indian country would be null and void after June 1, 1830; and naturally they wanted the interposition of the Federal Government. Eaton replied at great length, reminding the Cherokees that they had taken sides with England in the War of 1812, that they were now on American soil only by sufferance, and that the central government could not violate the rights of the state of Georgia; and he strongly advised immediate removal to the West. The Cherokees, quite broken, acted in accord with this advice; and so in 1832 did the Creeks, to whom Jackson had sent a special talk urging removal as the only basis of Federal protection.

To the Seminoles as early as 1827 overtures for removal had been made; but before the treaty of Fort Moultrie had really become effective they had been intruded upon and they in turn had become more slow about returning runaway slaves. From some of the clauses in the treaty of Fort Moultrie, as some of the chiefs were quick to point out, the understanding was that the same was to be in force for twenty years; and they felt that any slowness on their part about the return of Negroes was fully nullified by the efforts of the professional Negro stealers with whom they had to deal.

Early in 1832, however, Colonel James Gadsden of Florida was directed by Lewis Cass, the Secretary of War, to enter into negotiation for the removal of the Indians of Florida. There was great opposition to a conference, but the Indians were finally brought together at Payne's Landing on the Ocklawaha River just seventeen miles from Fort King. Here on May 9, 1832, was wrested from them a treaty which is of supreme importance in the history of the Seminoles. The full text was as follows:

TREATY OF PAYNE'S LANDING,
MAY 9, 1832
Whereas, a treaty between the United States and the Seminole nation of Indians was made and concluded at Payne's Landing, on the Ocklawaha River, on the 9th of May, one thousand eight hundred and thirty-two, by James Gadsden, commissioner on the part of the United States, and the chiefs and headmen of said Seminole nation of Indians, on the part of said nation; which treaty is in the words following, to wit:
The Seminole Indians, regarding with just respect the solicitude manifested by the President of the United States for the improvement of their condition, by recommending a removal to the country more suitable to their habits and wants than the one they at present occupy in the territory of Florida, are willing that their confidential chiefs, Jumper, Fuch-a-lus-to-had-jo, Charley Emathla, Coi-had-jo, Holati-Emathla, Ya-ha-had-jo, Sam Jones, accompanied by their agent, Major John Phagan, and their faithful interpreter, Abraham, should be sent, at the expense of the United States, as early as convenient, to examine the country assigned to the Creeks, west of the Mississippi River, and should they be satisfied with the character of the country, and of the favorable disposition of the Creeks to re-unite with the Seminoles as one people; the articles of the compact and agreement herein stipulated, at Payne's Landing, on the Ocklawaha River, this ninth day of May, one thousand eight hundred and thirty-two, between James Gadsden, for and in behalf of the government of the United States, and the undersigned chiefs and headmen, for and in behalf of the Seminole Indians, shall be binding on the respective parties.
Article I. The Seminole Indians relinquish to the United States all claim to the land they at present occupy in the territory of Florida, and agree to emigrate to the country assigned to the Creeks, west of the Mississippi River, it being understood that an additional extent of country, proportioned to their numbers, will be added to the Creek territory, and that the Seminoles will be received as a constituent part of the Creek nation, and be re-admitted to all the privileges as a member of the same.
Article II. For and in consideration of the relinquishment of claim in the first article of this agreement, and in full compensation for all the improvements which may have been made on the lands thereby ceded, the United States stipulate to pay to the Seminole Indians fifteen thousand four hundred ($15,400) dollars, to be divided among the chiefs and warriors of the several towns, in a ratio proportioned to their population, the respective proportions of each to be paid on their arrival in the country they consent to remove to; it being understood that their faithful interpreters, Abraham and Cudjo, shall receive two hundred dollars each, of the above sum, in full remuneration of the improvements to be abandoned on the lands now cultivated by them.
Article III. The United States agree to distribute, as they arrive at their new homes in the Creek territory, west of the Mississippi River, a blanket and a homespun frock to each of the warriors, women and children, of the Seminole tribe of Indians.
Article IV. The United States agree to extend the annuity for the support of a blacksmith, provided for in the sixth article of the treaty at Camp Moultrie, for ten (10) years beyond the period therein stipulated, and in addition to the other annuities secured under that treaty, the United States agree to pay the sum of three thousand ($3,000) dollars a year for fifteen (15) years, commencing after the removal of the whole tribe; these sums to be added to the Creek annuities, and the whole amount to be so divided that the chiefs and warriors of the Seminole Indians may receive their equitable proportion of the same, as members of the Creek confederation.
Article V. The United States will take the cattle belonging to the Seminoles, at the valuation of some discreet person, to be appointed by the President, and the same shall be paid for in money to the respective owners, after their arrival at their new homes; or other cattle, such as may be desired, will be furnished them; notice being given through their agent, of their wishes upon this subject, before their removal, that time may be afforded to supply the demand.
Article VI. The Seminoles being anxious to be relieved from the repeated vexatious demands for slaves, and other property, alleged to have been stolen and destroyed by them, so that they may remove unembarrassed to their new homes, the United States stipulate to have the same property (properly) investigated, and to liquidate such as may be satisfactorily established, provided the amount does not exceed seven thousand ($7,000) dollars.
Article VII. The Seminole Indians will remove within three (3) years after the ratification of this agreement, and the expenses of their removal shall be defrayed by the United States, and such subsistence shall also be furnished them, for a term not exceeding twelve (12) months after their arrival at their new residence, as in the opinion of the President their numbers and circumstances may require; the emigration to commence as early as practicable in the year eighteen hundred and thirty-three (1833), and with those Indians at present occupying the Big Swamp, and other parts of the country beyond the limits, as defined in the second article of the treaty concluded at Camp Moultrie Creek, so that the whole of that proportion of the Seminoles may be removed within the year aforesaid, and the remainder of the tribe, in about equal proportions, during the subsequent years of eighteen hundred and thirty-four and five (1834 and 1835).
In testimony whereof, the commissioner, James Gadsden, and the undersigned chiefs and head-men of the Seminole Indians, have hereunto subscribed their names and affixed their seals.
Done at camp, at Payne's Landing, on the Ocklawaha River, in the territory of Florida, on this ninth day of May, one thousand eight hundred and thirty-two, and of the independence of the United States of America, the fifty-sixth.
(Signed) James Gadsden. L.S.
Holati Emathlar, his X mark.
Jumper, his X mark.
Cudjo, Interpreter, his X mark.
Erastus Rodgers.
B. Joscan.
Holati Emathlar, his X mark.
Jumper, his X mark.
Fuch-ta-lus-ta-Hadjo, his X mark.
Charley Emathla, his X mark.
Coi Hadjo, his X mark.
Ar-pi-uck-i, or Sam
Jones, his X mark.
Ya-ha-Hadjo, his X mark.
Mico-Noha, his X mark.
Tokose Emathla, or
John Hicks, his X mark.
Cat-sha-Tustenuggee, his X mark.
Holat-a-Micco, his X mark.
Hitch-it-i-Micco, his X mark.
E-na-hah, his X mark.
Ya-ha-Emathla-Chopco, his X mark.
Moki-his-she-lar-ni, his X mark.
Now, therefore, be it known that I, Andrew Jackson, President of the United States of America, having seen and considered said treaty, do, by and with the advice and consent of the Senate, as expressed by their resolution of the eighth day of April, one thousand eight hundred and thirty-four, accept, ratify, and confirm the same, and every clause and article thereof.
In witness whereof, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand. Done at the city of Washington, this twelfth day of April, in the year of our Lord one thousand eight hundred and thirty-four, and of the independence of the United States of America, the fifty-eighth.
(Signed) ANDREW JACKSON. By the President,
LOUIS MCLANE, Secretary of State.

It will be seen that by the terms of this document seven chiefs were to go and examine the country assigned to the Creeks, and that they were to be accompanied by Major John Phagan, the successor of Humphreys, and the Negro interpreter Abraham. The character of Phagan may be seen from the facts that he was soon in debt to different ones of the Indians and to Abraham, and that he was found to be short in his accounts. While the Indian chiefs were in the West, three United States commissioners conferred with them as to the suitability of the country for a future home, and at Fort Gibson, Arkansas, March 28, 1833, they were beguiled into signing an additional treaty in which occurred the following sentence: "And the undersigned Seminole chiefs, delegated as aforesaid, on behalf of their nation, hereby declare themselves well satisfied with the location provided for them by the commissioners, and agree that their nation shall commence the removal to their new home as soon as the government will make arrangements for their emigration, satisfactory to the Seminole nation." They of course had no authority to act on their own initiative, and when all returned in April, 1833, and Phagan explained what had happened, the Seminoles expressed themselves in no uncertain terms. The chiefs who had gone West denied strenuously that they had signed away any rights to land, but they were nevertheless upbraided as the agents of deception. Some of the old chiefs, of whom Micanopy was the highest authority, resolved to resist the efforts to dispossess them; and John Hicks, who seems to have been substituted for Sam Jones on the commission, was killed because he argued too strongly for migration. Meanwhile the treaty of Payne's Landing was ratified by the Senate of the United States and proclaimed as in force by President Jackson April 12, 1834, and in connection with it the supplementary treaty of Fort Gibson was also ratified. The Seminoles, however, were not showing any haste about removing, and ninety of the white citizens of Alachua County sent a protest to the President alleging that the Indians were not returning their fugitive slaves. Jackson was made angry, and without even waiting for the formal ratification of the treaties, he sent the document to the Secretary of War, with an endorsement on the back directing him "to inquire into the alleged facts, and if found to be true, to direct the Seminoles to prepare to remove West and join the Creeks." General Wiley Thompson was appointed to succeed Phagan as agent, and General Duncan L. Clinch was placed in command of the troops whose services it was thought might be needed. It was at this juncture that Osceola stepped forward as the leading spirit of his people.

4. [Osceola and the Second Seminole War]

Osceola (Asseola, or As-se-he-ho-lar, sometimes called Powell because after his father's death his mother married a white man of that name[81]) was not more than thirty years of age. He was slender, of only average height, and slightly round-shouldered; but he was also well proportioned, muscular, and capable of enduring great fatigue. He had light, deep, restless eyes, and a shrill voice, and he was a great admirer of order and technique. He excelled in athletic contests and in his earlier years had taken delight in engaging in military practice with the white men. As he was neither by descent nor formal election a chief, he was not expected to have a voice in important deliberations; but he was a natural leader and he did more than any other man to organize the Seminoles to resistance. It is hardly too much to say that to his single influence was due a contest that ultimately cost $10,000,000 and the loss of thousands of lives. Never did a patriot fight more valiantly for his own, and it stands to the eternal disgrace of the American arms that he was captured under a flag of truce.

It is well to pause for a moment and reflect upon some of the deeper motives that entered into the impending contest. A distinguished congressman,[82] speaking in the House of Representatives a few years later, touched eloquently upon some of the events of these troublous years. Let us remember that this was the time of the formation of anti-slavery societies, of pronounced activity on the part of the abolitionists, and recall also that Nat Turner's insurrection was still fresh in the public mind. Giddings stated clearly the issue as it appeared to the people of the North when he said, "I hold that if the slaves of Georgia or any other state leave their masters, the Federal Government has no constitutional authority to employ our army or navy for their recapture, or to apply the national treasure to repurchase them." There could be no question of the fact that the war was very largely one over fugitive slaves. Under date October 28, 1834, General Thompson wrote to the Commissioner of Indian Affairs: "There are many very likely Negroes in this nation [the Seminole]. Some of the whites in the adjacent settlements manifest a restless desire to obtain them, and I have no doubt that Indian raised Negroes are now in the possession of the whites." In a letter dated January 20, 1834, Governor Duval had already said to the same official: "The slaves belonging to the Indians have a controlling influence over the minds of their masters, and are entirely opposed to any change of residence." Six days later he wrote: "The slaves belonging to the Indians must be made to fear for themselves before they will cease to influence the minds of their masters.... The first step towards the emigration of these Indians must be the breaking up of the runaway slaves and the outlaw Indians." And the New Orleans Courier of July 27, 1839, revealed all the fears of the period when it said, "Every day's delay in subduing the Seminoles increases the danger of a rising among the serviles."