“SIR: Immediately after my arrival (about the first of this month), I was taken sick with the fever, from which I am just recovering, which will account for the delay in communicating the result of my mission to procure the Seminole negroes that were to have been turned over to me, as agent of the Creek Indians.”
“I left Washington on the 10th of May, and arrived in New Orleans on the 22d, the day after Lieutenant Reynolds had left there with the Indians and all the negroes, except thirty-two that were detained by the civil authority, at the instance of Love. I did not overtake Reynolds until he arrived at Vicksburg, when, after some exertion, I succeeded in having his order handed to him; and he came ashore, and suggested the probability of his being able to induce the Indians to consent to deliver the negroes willingly (between thirty-five and forty of which, by a comparison of our lists, we found he had in his possession), if I would go on board and proceed up the river with him. This I acceded to, as I was anxious to pursue such a course as would tend, ever so remotely, to conciliate the Indians, and harmonize with the views of the officer in charge. The experience of a day or two however proved that these calculations were erroneous, and I went on to Little Rock, to get a force to coerce their delivery. On our arrival there, Lieutenant R. called upon the acting Governor of Arkansas for assistance; but from some cause or other he refused it, as will be seen by the correspondence forwarded you by Lieutenant R. I then proceeded with the party to Fort Gibson, calculating certainly on being able to obtain the necessary assistance at that place. Lieutenant R., on arriving within three miles of the fort, landed one of the boats, and proceeded with the other (having all the negroes and some Indians) directly to the fort, and made known to General Arbuckle the situation of the affair, and presented him with all the papers. He held a lengthy interview with the Seminole chiefs, in which the various talks and promises of General Jessup were detailed, the number and identity of the negroes denied, and the validity of the whole transaction questioned, etc.; and hence the conclusion, as he had received no order in relation to the negroes, he should not interfere; and directed Lieutenant R. to land them with the Indians. First, however, to conclude the farce, he exacted from each chief separately the promise, if the President should decide that the negroes should be given up, that they would deliver them to him. This of course they promised; any explanation or remonstrance urged by me was unavailing.”
CHAPTER XVI.
FURTHER DIFFICULTIES IN THE WORK OF ENSLAVING THE EXILES.
General Gaines in person defends those left at New Orleans—He appeals from the judgment—Effect of appeal—Authorities at Washington informed of difficulties—General Jessup retires from the command—General Taylor succeeds him—He refuses to follow policy of General Jessup—Recognizes no prisoners as slaves—Letter from Adjutant General—He promptly refuses to have any thing to do in Watson’s slave-dealing transaction—This indignant answer is received without reply by Department—Other persons claim the Exiles detained at New Orleans—Commissioner driven to the necessity of declaring correct law on the subject—Same as that avowed by General Gaines, by General Taylor, and by Hon. J. Q. Adams—Claim of Colonel Humphreys for slaves—Jessup’s answer—Reynolds returns from Fort Gibson to New Orleans—Collins reaches the city same day—Inquires as to the situation of the thirty-one Exiles left there—Is referred to Major Clark—Clark’s answer—Collins leaves city in disgust—His Letter to Secretary of War charging Reynolds with misconduct—Exiles remaining at New Orleans are delivered to Reynolds—Are sent to Fort Gibson—Join their friends—All are left however without permanent homes or lands—Intention of the Administration to compel them to unite with the Creeks—They refuse—Cherokees tender them lands—They settle upon Cherokee territory.
1838.
After the emigrating company of Indians and Exiles had left New Orleans, under charge of Lieutenant Reynolds, Gen’l Gaines assumed upon himself the whole responsibility of defending the thirty-one who remained in that city; for as yet there had been no trial upon the merits of the case, although it was pretty evident that the judge was strongly impressed in favor of reënslaving them. The cause was duly brought to a hearing, and, after argument and consideration, the court gave judgment in favor of the claimants.
This was no more than had been expected. General Gaines, faithful to his own convictions of justice, took an appeal to a higher tribunal; and this appeal rendered it necessary for the court to fix a time within which the claimants should enter bail for costs and damages, or the negroes would be delivered up to General Gaines by the sheriff.
In the meantime, the Executive officers at Washington had become informed of the difficulties which had lain across the path of Mr. Collins, and felt it to be desirable that the whole matter should be arranged with as little discussion as possible.
General Jessup retired from the command of the army in Florida on the fifteenth of May, and returned to Washington, leaving General Zachary Taylor as commander-in-chief of our military forces in that Territory. He had shown himself prompt in the execution of all orders; cool, deliberate, and firm in battle; faithful to his men, to himself and his country; but, up to this time, he had manifested no particular zeal in the capture of negroes. Indeed, although he had penetrated farther into the Indian Country than any other officer—had fought the bloodiest battles of any commander in Florida, yet he refused to draw any distinctions among his prisoners. With him Indians and negroes were equally prisoners of war, and entitled to the same treatment. Nor would he listen to men who professed to own the persons whom he captured, or who had surrendered themselves as prisoners.