General Scott

by Marcus J. Wright

In order to relieve the Seminoles from vexatious demands on them for their slaves and other property, the United States stipulated to have the matter investigated, and to liquidate such as were satisfactory, provided the amount did not exceed seven thousand dollars. This treaty was executed on May 9, 1832, and signed by Holata Amathla and fourteen other chiefs. Seven of the chiefs were deputed to visit and explore the new country, accompanied by their interpreter and by Major John Fagan, formerly Indian agent in Florida. The delegation reported their approval of the country, and the ratification on the part of the Indians was made by seven of the chiefs at Fort Gibson, La.

This ratification by the seven chiefs was in excess of their authority, as they were only authorized to examine the country and report the result of their mission to a general council of the nation, which was to be convened on their return.

Colonel Gadsden, the commissioner on the part of the United States, addressed a letter to the Secretary of War, in which he said: "There is a condition prefixed to the agreement without assenting to which the Florida Indians most positively refused to negotiate for their removal west of the Mississippi. Even with the condition annexed, there was a reluctance, which with some difficulty was overcome, on the part of the Indians to bind themselves by any stipulations before a knowledge of the facts and circumstances would enable them to judge of the advantages or disadvantages of the disposition the Government of the United States wished to make of them. They were finally induced, however, to assent to the agreement....

"The payment for property alleged to have been plundered was the subject most pressed by the Indians, and in yielding to their wishes on this head a limitation has been fixed in a sum which I think, however, will probably cover all demands which can be satisfactorily proved. Many of the claims are for negroes said to have been enticed away from their owners during the protracted Indian disturbances, of which Florida has been for years the theater. The Indians allege that the depredations were mutual, that they have suffered in the same degree, and that most of the property claimed was taken as reprisal for property of equal value lost by them. They could not, therefore, yield to the justice of restitution solely on their part, and probably there was no better mode of terminating the difficulty than by that provided for in the treaty now concluded. The final ratification of the treaty will depend upon the opinion of the seven chiefs selected to explore the country west of the Mississippi River. If that corresponds to the description given, or is equal to the expectations formed of it, there will be no difficulty on the part of the Seminoles. If the Creeks, however, raise any objections, this will be a sufficient pretext on the part of some of the Seminole deputation to oppose the execution of the whole arrangement for removal."

On March 8, 1835, the Hon. John H. Eaton addressed a letter to Lewis Cass, Secretary of War, raising the question whether the treaty of Payne's Landing was valid, it not having been ratified until 1834. To this the Secretary replied that, the question had been referred to the Attorney General, and that he had decided that the obligation of the treaty was not affected by the delay, but that the Indians might be required to move in the years 1835-'37.

The Indian agent called a meeting of the Indians, who assembled in council on October 23, 1834. The agent stated that he had convened them by order of the President, who said that he had complied with all the promises made to them, and that they must prepare to move by the beginning of cold weather. He further stated that he had a proposition to them from the Creeks, and exhibited a map of the country allotted to them west of the Mississippi.

The proposition from the Creeks was that the Seminoles, instead of settling in the country allotted to them, in a separate body, settle promiscuously among the Creeks. The agent stated in regard to this last proposition: "It is left, as it should be, entirely optional with you, and no persons but yourselves have any right to say you shall or shall not accede to the proposition." Other questions were submitted, such as the disposition of their cattle, whether they preferred to march by land or go by water, and the manner in which they desired the annuity paid them. The Indians then retired for a private council, and on their return Holata Amathla said: "My brothers, we have now heard the talk that our father at Washington has sent us. He says that we made a treaty at Payne's Landing, and we have no excuse now for not doing what we promised; we must be honest. Let us go, my brothers, and talk it over, and don't let us act like fools."

At four o'clock in the afternoon of the same day the Indians met in private council and were addressed by Assiola, in which he opposed emigrating from Florida to the Creek country, denouncing the Creeks as bad Indians. He also denounced the agent for advising them to remove "from the lands which we live on—our homes and the graves of our fathers." He announced that when the Great Spirit told him to go he would go. But he said the Great Spirit had told him not to go. He also threatened the white people with his rifle, for he still had that, and some powder and lead. He also said that if any of the Indians wanted to go West they would not be permitted to do so. Assiola was followed by Holata Amathla, who strongly urged his brothers to abide by the treaty of Payne's Landing, and advised them to "act honest and do as our great father at Washington tells us." Jumper, the sense-keeper, also urged a compliance with the last-named treaty, because if they did not comply the white men would make them. Chief Arpincki proposed that Holata Amathla be selected to represent to the agent the objections of the nation to removal. This was declined by Holata Amathla, and Jumper was selected in his stead to speak the sentiments of the people on the next day.

On October 24, 1834, the Indians again met in council. The agent asked them if they were ready to reply to the proposals made to them. Holata Mico and Miconopy made short talks. When Jumper rose he complained that a treaty had been made or rather forced on the Indians at Payne's Landing before the twenty years provided in the Camp Moultrie treaty had expired. He was one of the chiefs who had gone to look at the new lands and liked them, but did not like the neighbors they would have, and spoke of these latter Pawnees as savages and horse thieves. He told the agent that his talk always seemed good, but that the Indians did not want to go West. Holata Amathla, who was also one of the chiefs who went West, objected to his people removing there for substantially the same reason as Jumper. Charley Amathla said that seven years of the time stipulated in the Camp Moultrie treaty remained unexpired. He did not say that he would not go, but did not think he would give an answer until the expiration of the seven years. He also complained that the distance to the West was so great that many would die on the way. In these talks the chiefs spoke well of the agent. The latter, in reply, said: "I have no answer to make to what you have said to me to-day. My talk to you yesterday must and will stand, and you must abide by it." He then repeated the question he had previously submitted, and told them to deliberate further, and let him know when they were ready to meet him. Another meeting was held on October 25, 1834. The agent told them he was ready to receive their answers. The speakers on the part of the Indians said their people still refused to comply with the treaty of Payne's Landing and leave their native country. They thought the agent was mad with them. General Thompson, the agent, told them he was not mad, but was their friend; that what they said was not an answer to his questions, and added, "Your father, the President, will compel you to go." He argued that the treaty of Payne's Landing had been duly signed. This was denied by Miconopy, when the general told him he lied, and that by the terms of the treaty the decision of the delegation sent out to view the country was binding on the Seminoles, and they were compelled under its provisions to move. He told them that the Payne's Landing treaty abrogated that made at Camp Moultrie. Replying to Charley Amathla's assertion that the last treaty had been forced upon them, he said: "You say that the white people forced you into the treaty of Payne's Landing. If you were so cowardly as to be forced by anybody to do what you ought not to do, you are unfit to be chiefs, and your people ought to hurl you from your stations." He explained to them the white people's Government; that the Indians living among white people might be charged with all kinds of offenses under the law, and would not be permitted to testify themselves; that the Cherokees, Creeks, Choctaws, and Chickasaws who live in the States were moving beyond the Mississippi River, because they could not live under the white people's laws, and the Seminoles were a small handful compared to their number; that when the jurisdiction of the State government was extended over them the Indian laws and customs would have to be abolished; and told them it was this view of the subject that had induced the President to settle them beyond Florida; and told them further that the land to which they were to go should be theirs "while grass grows and water runs," It was for this reason the treaty had been made with them at Payne's Landing, and for the same reason they would be compelled to keep it and comply with their bargain. His speech was a long one, reiterating, elaborating, and emphasizing the determination of the Government to make them move, whether they desired to or not. During this speech the agent was interrupted by Assiola, who urged Miconopy to be firm, and to assure the agent that he did not care whether any more annuity was paid or not. The agent closed by hoping that mature reflection would make them act like honest men, and not compel him to report them to their father, the President, "as faithless to your engagements." The Indians then, through Assiola and Miconopy, announced positively and emphatically that their answer had been made, and that they did not intend to move. The agent told them that he was satisfied now that they were willfully and entirely dishonest in regard to their engagements with the President, and regretted that he had to so report them. He told them the talk he had given them must and should stand, and directed them to retire and prepare their stocks to receive their annuity on the following day.

It will be remembered that by the treaty of Payne's Landing it was stipulated that seven chiefs should be sent to examine the lands to which it was proposed to remove the Seminoles. They were to report its general aspect and fertility to the nation, but were not invested with power to ratify the treaty. That was the province of the nation in general council. Jumper, as stated in these pages, was one of the chiefs selected for the purpose of examining and reporting upon the new country. General Thompson, the agent, had told the chiefs in council that "no person has a right to say to you, You shall go, or that you shall accede to the proposition made to you by the Creeks; but it is left, as it should be, entirely optional with you." This is in singular contrast to the words heretofore quoted from the agent, and altogether different from his assurance to one of the chiefs: "The President, backed by the Secretary of War" (the Indian Bureau was then under the jurisdiction of the War Department) "and the whole Congress, never should compel me to act so dishonorably as to violate the treaty [of Camp Moultrie] made with your people. If such a thing were required of me I would spurn the President's commission and retire to the bosom of my family." General Thompson reported to the authorities at Washington what had taken place, as just related, and stated that, in view of the circumstances, no doubt remained that the Indians intended to resist the execution of the treaty of Payne's Landing. After giving a full statement of the situation, he felt it his "imperious duty" to urge the necessity of a strong re-enforcement at Fort King, and the station of a strong force at Tampa Bay, as early as possible. "An imposing force, thus marshaled to coerce the refractory people, would have the effect to crush the hopes of the chiefs and those who had been tampering with them into a proper respect for the Government, afford protection to the neighboring white settlements, and supersede the necessity of Holata Amathla and his followers fleeing the country." At this time the force at the two posts mentioned was two hundred and thirty-five men. General Thompson, sustained by Governor William P. Duval, continued to urge upon the Government, an increase of the military force. The latter, in a letter to the Secretary of War, informed that official that even with a respectable military force stationed at Fort Brooke and Tampa Bay the agent and superintendents would have much difficulty in carrying the treaty of Payne's Landing into effect. The necessity for additional military force was urged by Generals Clinch and Eaton and Lieutenant Joseph W. Harris, the disbursing agent. These representations went unheeded. In the whole of Florida there were but two hundred and fifty men of the United States army, while more than three thousand were stationed at other convenient points totally inactive.