CHAPTER XI.
GENERAL JESSUP OVERTHROWS HIS OWN EFFORTS IN FAVOR OF PEACE.
Mr. Van Buren’s advent to the office of President—Follows the policy of his predecessor—General Jessup’s stipulation in favor of the Exiles—Sustained by precedent, and by National Law—Not contrary to General Jackson’s object in commencing the War—Citizens of Florida protest—Compact ratified by War Department—General Jessup for a time endeavors to carry out Articles of Capitulation—Begins to yield—Promises to make arrangements with Chiefs to deliver up Slaves who had left their Masters during the War—Then declared he had done so—No such Compact found by the Author—Subsequent history shows that he had made such arrangement, by parol, with Co-Hadjo only—He also uses army to seize and return Exiles claimed by citizens of Florida—Revokes Order No. 79—Indians and Exiles take alarm—Flee to their fastnesses—General Jessup acknowledges all is lost—The War renewed.
On the fourth of March, Mr. Van Buren assumed the duties of President of the United States, and General Jackson retired to private life. Belonging to the same political party to which General Jackson had attached himself, Mr. Van Buren was not expected to make any particular change in the administration of the Government. Indeed so popular had General Jackson been, that it would have required great boldness in his successor to attempt any very obvious change in our national policy; and so far as the Florida war was concerned, there was none whatever.
It was therefore fortunate that, under the administration of General Jackson, the existence of the Exiles, as a distinct people, had been acknowledged. In the articles of capitulation, they were again recognized as the “allies” of the Indians. In entering into this stipulation, General Jessup went no farther than his legitimate powers extended. The peace of the country in that region was entrusted to his judgment, under the direction of the President. If necessary to secure peace, he had the undoubted right to send every slave, of whatever description, from the Territory of Florida; and it would appear, that no doubt whatever could arise as to his authority to transport to the Western Country, all who were engaged in actual hostilities against our nation, and that too without stopping to inquire whether one portion of the people were, or were not, claimed as property by the people of Florida. General Jackson had set a noble example on this subject which was well worthy of imitation. When New Orleans was threatened by the British, in 1814, he proclaimed martial law—ordered men into service without inquiring whether they were slaves or freemen. Many of them were slaves, and on the day of battle were emancipated by being captured or killed by the enemy. The same powers had been exercised by our officers almost constantly during the Revolution. It is a principle understood by all intelligent men, that when war exists, peace may be obtained by the emancipation of all the slaves held by individuals, if necessary.[93]
These articles of capitulation were duly transmitted to the War Department, and were regularly approved by the Executive. It would appear impossible that General Jessup, or any other person, could either misapprehend or fail to understand this stipulation, which was in no respect modified by other covenants.
But this solemn covenant was in direct conflict with the views and feelings of the slaveholders in Florida and the adjoining States. They understood the war to have been commenced for the purpose of reënslaving the Exiles. These articles of capitulation constituted not only an abandonment of that policy, but actually operated as an emancipation of all the slaves who, having fled from service in Florida, Georgia and Alabama, had joined the Seminoles and taken up arms against their oppressors. The slaveholders were indignant at this stipulation, nor did they fail to express their indignation.
A few gentlemen of distinction, who, with their families, had been driven from the Territory, were residing at Charleston, South Carolina. Having learned the character of the capitulation from private sources, without waiting for its publication, they at once addressed the Secretary of War, stating they had casually learned from a gentleman who was present, that a treaty of peace had been concluded with the Seminole Indians which contained “no stipulation for indemnity, on the part of the Indians, for such property of the inhabitants as had been captured by said Indians, and destroyed. Nor (say they) is it, we are told, exacted from them that they should even make restitution of such stolen and other property, to wit, NEGROES, etc., as they now have in possession, or as has been invited into their country and allowed refuge from its owners. We respectfully conceive, that the termination of the war on such terms, anxiously as we desire peace, would be a sacrifice of the national dignity, and an absolute and clear triumph on the part of the Indians, who cannot fail to view the proposition made to them, to close hostilities, followed up by a treaty permitting to them such extraordinary terms, as a virtual suing for peace on the part of the United States, and evidencing a want of confidence in their ability to conclude the war through the means of their belligerent and physical strength.”[94]
But the most singular portion of this memorial is the reference to the treaty of Camp Moultrie, by which the Indians agreed to arrest and return fugitives; and the memorialists insisted that unless the Indians be compelled to perform this stipulation the owners “may never regain their slaves.”
The gentlemen who thus attempted to control the action of our National Government appear to have forgotten that the treaty of Camp Moultrie had been abrogated by that of Payne’s Landing, which our Government was now professing to enforce. By this latter treaty, the Indians agreed to pay seven thousand dollars as an indemnity for all slaves then in their territory. This was accepted as a full indemnity, and the slaves then resident with the Indians became free in law.
This memorial, though written at Charleston, South Carolina, bears date only twelve days later than the articles of capitulation, entered into at “Fort Dade in Florida.” Of this movement of the slaveholders, General Jessup appears not to have been informed at the time; nor is there any doubt that he then intended to carry out this solemn compact in good faith. On the nineteenth of March, we find his aid-de-camp Colonel Chambers, by order of General Jessup, writing Lieutenant Colonel Harney, stationed at Fort Mellon, directing him not to permit the friendly Indians (the Creeks) to pass into the country occupied by the Seminoles, and to distinctly inform the Creeks they “must make no more captures of property;” and if they had made any since the signing of the treaty, (meaning the capitulation,) Harney was directed to take a list of such captures.