yaleUniyeisibjLiti'a'! 39002040219363 Cb81 300 ¦M^^Mc TRLE UNIVERSITY LIBRfiRY 0390512(1402193638 THB RIGHTS OJ THE FREE STATES SUBVERTED, OR, ^n enumeration of some ofthe most prominent instances in which the Federal Con stitution has been violated hy our Natiorial Government, for the benefit of Slavery^ BT A MEMBER OF CONGRESS. INTRODUCTION. Perhaps no subject -was ever more generally misunderstood than the contest now going on between a portion of the. people of the free States and thoae who are attached to the slaveholding interests of thc South. Until quite recently, the southern doctrine, from the adoption of the Constitution, has been, that " Slavery is slrktly'a State institution, ouer which the Federal Government has no control.'" This is believe^ by the people of the North, generally, to be the constitutional doctrine ; those who dissent from it are so few that they can hardly be said to form an exception. That eminent statesman, Henry Clay, in 1844, declared that " the existence, maintenance and continuance of slavery must depend entirely upon the power and authority of the States in tchich ii exists."* From this position fe-w northern men will dis,sent. All agree tbat Congress has no power to uphoK it; and if the States in which it exists are unable to sustain it, it should be left to perish. Congress pos sesses no power to compel the peoplf of the free States to uphold the slavery of the South : neither hjs" it any power to compel the slave States to abolish it. It cannot interfere for either purpose. StUl, soutjf- cni politicians and southem statesmen have so often reiterated the fact, that northern, men were endeavQr- ing to interfere with their "peculiar institution,^' that many northern statesmen yet seem to be uhcojj- scious tjiat those who have said -and done most in regai'd to the encroachments of slavery, have merely endeavored to protect the rights of the free States, and to preserve the Constitution from being subverted- They have put forth their efforts to save the people of the Norlli from being unconstitutionally involved in the expense and crime of supporting slavery. The most objectionable feature of our Constitution, is that provision whicii gives to tlie slave States a representation in Congress proportioned to the number of slaves which they hold. This was a privilege conceded to those States. By it they now have nineteen members of Congress more than tliey would be. entitled to were freemen alone included in the ratio of representation. Yet these raembers, like tlie oth ers, are bound by the Cbnstitutioii, and possess no right to penert the Government to the support of sla very. Again : it is supposed by SQ^6., that that provision of the Constitution -Nvhich relates to the arrest of mgitive slaves, directly involiislii^ltie people ofthe free States in the support of slavery. But under the construction which that clauseil^s received, it appears that the whole power of Congress consists in pro hibiting the people of the free States from interfering to prevent the master, or his agents, from arresting. his fugitive slave. We may feed, and clothe, and lodge the slave, knov/ing him to be a fugitive. It, Beems that we m.ay go farther:- we may inform him of his rights, tell him how to escape, and furnish him with ai-ms to defend himself, without making ourselves liable under the Constitution or laws of the United States. We may also refuse to feed, or to lodge the slaveholder while in mirsuit of his slave; we may spurn him from our presence; and we may stand and see his slave defjnd himself, even to talcing the master's life, and incur neither moral nor legal responsibility. Yet we may not secrete the slave from, nor defend him against, his master So far as this supineness involves us in a negative support of slavery, so far are we hable to maintain that institution. Again : it is urged by some that, so far.as the Constitution makes it the duty of the Federal Government to suppress internal violence, it subjects the people of the_^free States to the support of slavery. The duty of the Federal Government, goes only so feu- as to suppress the violence. It takes no notice of slavery. Eut if slaves commit violence in order to obtain their liberty, such violence mu.st be suppressed. Yet, when the violence ceases, the power of the Government ceases. Our troops cannot go fai-ther and deliver the insurgents to their masters, nor caa they enquii-e whether they be masters or slaves. The business and duty of our troops is with the rio lence, and not with .slavery. Eut so far as the suppression of domestic violence tends to the support ot~ sUiVery, so far tlie people of tlie free States mjiy constitutionally be compelled to support that institution. I make this explanation in order that I may be definitely understood. 'Taking this as the true construc tion of the Constitution, we must regard every exercise of the national influence for the purpose of sus taining slavery, every payment of money from the national treasury, every employment of the navy or of the army for such purpose, as violations of that instrument. < It is intended in the foUowing pages, to lay before the reader some of the most prominent instances L. ¦which the Federal Govemment have violated the Constitution, and trampled upon the rights of the free States, in order that slavery might be upheld and protected. It is intended to confine the enumeration to actual violations ofthe Constitution, and to pass unnoticed aU those attempts which have failed to wield the power and influence of tbe' Govemment to that purpose. Nor is it intended to notice any of those m- «tances in which an indirect support has been extended tp that institution. In short, the object is to col lect avithin as short a space as may be convenient, only those prominent instances m which the Consti tution has been trampled upon for the benefit of the slave interest, without embracing any of doubtful character, aJid without pretending to enumerate all of those which are not regarded as doubtful. *Vide Mr. Clay's letter to the editor ofthe Lexington Observer, Sept. 2, 1844. With these explanatory remarks, tve will proceed to examine some of those instances in which our Federal compact has been violated — By treaty stipulations. \J On the 7th August, 1790, the United Slates concluded a treaty with the Creek Indians, in which they distinctly agreed to deliver up the negroes then residing within their ter ritory, to the officers of the United States; and if not delivered on or before the first day of June following the date of the treaty, the Governor of Georgia was authorized to appoint three persons to repair to the Indian country to demand them. The negroes thus to. be surrendered, had left their masters during the Revolutionary war and subse quently thereto ; and the Federal Government now interposed its influence to get them back to their masters. For this, and other stipulations on the part of the Indians, the United States agreed to pay them an annuity of fifteen hundred dollars, together with certain goods mentioned in the treaty.* This is believed tobe the first instance in which the Federal Government was exerted to perpetuate slavery instead of liberty. By this treaty, the people of the free States were involved in the expense of restoring the fugi- ¦ tive slaves of Georgia, and from that day to the present time, they have been annually taxed to meet the stipulations of this treaty, and will continue to be taxed under these stipulations while we remain a nation, and the Creek Indians shall constitute an inde pendent tribe. But the Indians neglected to deliver the negroes ; and on the 31st December, 1795, the Secretary of War communicated to the President the fact, that the Indians had dis regarded their compact, in neglecting to deliver the slaves under the treaty of 1790, and advised that the slaves be paid for by the United States.! - \/ This communication was sent to the Senate and House of Eepresentatives by the President on the 12th January following, but no final action appears to have taken place at that time.J On the 29th of June, 1796, another treaty was enlered into between the United States and the Creek Indians, called " the treaty of Coleraine." By the terms of this latter treaty, the Indians again covenanted to deliver up to the officers of the U. States, such negroes as were resident in their nation ; and if ihey were not delivered by the first day of January next following the date of the treaty, then the Governor of Geor gia was authorized to appoint three persons to repair to the Creek nation and demand said negroes, under direction ofthe President ofthe United States. § In consideration ¦of this, and otlier stipulations, the United States covenanted to pay the Indians six thou sand dollars in goods, and to furnish them with two blacksmiths aiid strikers, tools, &c., &c. Thus were th'e people of the free States again involved in the expense and disgrace of sustaining slavery, for the sole benefit of the slaveholders of Georgia., It should. also be understood, that at the conclusion ofthis treaty, raany of the slaves from the "Upper Creek towns" were brought in and delivered, to the officers of Government, who con descended to act with the Indians as the assistant catchpolls of southern slaveholders.il V Thus were the people of the whole nation taxed and again dishonored for the benefit of an. institution most palpably beyond the jurisdiction of the Federal Government, and abhorrent to the feelings ofthe people generally. v/The slaves of Georgia, however, contiiiued to flee from bondage, and to seek an asy lum among the Indians ; and many who had left prior to the treaty of 1790, remained in the Indian country, intermarried with the Seminoles, or " Southern Creeks," as they were then called, and became permanently incorporated with various bands known as the " Florida Indians. "f VThe people and government of Georgia were constantly making eflforta to get the.U. States to obtain a return of the slaves who were living with the Indians ; but these ef forts proved of little use, as the Indians neglected 4o restore any of them.'** In 1802, a general law regulating intercourse between the people of the United Stales and the In dian, tribes, was enacted by Congress. By the terms of this law, the agent for paying *Laws of the United States, 1 vol., 359. — 6th American State Papers, 81. 1 5 American State Papers, 546. J American State Papers, vol. 5, page 546. § Amer. State Papers, vol. 5, page 586. Laws U. S., vol. 1, page 363. |J Vide 6 vol. American State Papers, page 252. If House Doc. 271, lat Ses., 24th Congress. ** 5 Amencan State Papers, 249. annuities was authorized to retain from the annuities of any tribe, the value of any pro perty taken from the white people by Indians belonging to such tribe.* Under this law, it is said, that a compensation was retained by the agent of the United States, for all slaves who left their masters, and went to unite with the Indians, subsequent to the passage thereof. On this point the writer speaks from verbal information, and not from official documents. It is, however, certain, that the people of Georgia could neitner get the negroes who had left their masters prior to the passage of the law, nor could they Ob tain compensation for their loss. They therefore became importunate in their demands upon the Federal Government, to interfere more eflTectually for the protection of slavery in that State. The Executive finally determined to make another effort to aid the slaveholders of Georgia in obtaining their slaves, or to extort from the Indians a com pensation for their loss.t To eff'ect this object, arrangements were made by the Execu tive of the U. States and the Executive, of Georgia, for negotiating another treaty with the Indians; at the making of which, the State of Georgia should be represented by her authorized agents, in order that the claims of her slaveholders should be diily regarded.^ Instructions were given to the commissioners, who negotiated the treaty on the part of the United States, to lend to the agents of Georgia every aid that might tend to efi'ect the object of their raission.§ The commissioners on the part of the U. States, and those ou the part of Georgia, met the chiefs, warriors and head men of the Creeks at "Indian Spring," about the 25th De- cember, 1821. On the a7th, the commissioners of Georgia delivered their talk to the In dians, in which they assured the Indians, that 'Hnorder to keep the chain of friendship bright between the white and red people, it was necessary that they shoidd do justice TO EACH OTHER." They then reminded the Indians of their stipulation to return negroes, contained in the treaties of New York and Coleraine, and delivered to the Indians a list -of their claims. || The next day. Gen. Mcintosh, principal chief, replied, that "he did not know that he was called here to answer for the claims of Georgia, until they had re ceived the talk of the commissioners yesterday — that most of the items he knew nothing about." That Gen. McGilvery, who negotiated the treaty ofN. York more than thirty years before, when he returned, informed, their people thatthey were to deliver, up the ne groes then in the nation; but they were not to be liable fiir any that were dead or re moved. That many of them- were collected at the time of the treatyof Coleraine, and- delivered to the agent of the U. States. That others were subsequently delivered to Col. Hawkins, who never mentioned to them any claim under the treaty of (3oleraine, but mentioned that of N. York. That many of the negroes had been carried away by the British at the close ofthe war; that in 1816, many of these negroes were in the fort on the Apalachicola river; that most of them were killed, and those that were not killed were delivered to Col. Clinch — and many of the negroes had gone into Florida among the Seminoles. That he had himself, with his warriors, joined Gen. Jackson's army, and gone with them into Florida, where they took some of those negroes, and delivered them to the agent of the U. States, and that others still remained ainong the Seminoles. That if the President admitted that country to belong to the Creeks, he would take his warriors and go and bring up as many as they could get, and deliver them up to the U. States. He thought the Creeks had fairly complied with their treaties in good faith. ^ In reply to this, the commissioners of Georgia insisted that the Indians ought to piy for the, negroes carried away by the British at the close of the war, and for those among the Seminoles, " and for the increase ef all that had taken up their residence among the Indians." This demand was rejected by the Indians. It was, however, agreed lo refer all the claims of Georgia against the Indians to the President,** and a stipulation was made, in the treaty, by which the U. States were to hold $250,000 due from the U. Stales to the Indians, in trust for the payment of such claitfis as the President should re- 1 gard just and proper.tt The President took upon himself the discharge of thus esti mating the value of the slaves, and the propriety of paying for their increase. Commis- 1 sioners were appointed for that purpose, who, after full examination, estimated the amount * Laws U. S., 2 vol., 360. ] 6 American State Papers, 248, 257. J 6 American State Papers, 254. ^6 American State Papers, 250. || 6 American State Papers, 251. 116 American State Papers, 25^. *? 6 American State Papers, 256. tt 6 American State Papers, 249. ' •Jt that should be paid to the slaveholders of Georgia, in full of all demands, at $101,000. This sum, according to the report of Mr. Wirt, Attorney General of the U. States, was rriade up by estimating the prife of the negroes at two or three times their real value. - This money being paid over to the owners of slaves, left in the hands of the Govemment $149,000 belonging to the Indians. That amount was retained by Government for some years, until the owners of slaves having already received two or three times their real value, petitioned Congress lo dis'lribute the remaining sum among them as an additional -compensation. Congress made the appropriation, and the money was paid to them, and the Indians were thus defrauded by the General Government of $149,000, in order to €nrich the slaveholders of Georgia, in addition to paying two or three times the real value ot the negroes.t Thus was the Constitution violated, and the people of the free States involved in one ofthe grossest frauds ever practised upon an offending tribe of helpless Indians, for the purpose of protecting the slaveholding interests of Georgia. It should also be home in mind that thrse ihings were transacted at a period whea all southern statesmen very cor rectly denied that "Congress or the Federal Government possessed any powers what ever in relation to slavery." During a period of more than thirty years was the influ ence of the Federal Government exerted for the purpose of obtaining these fugitive slaves, or in extorting from the Indians a compensation for their owners. The Senate were «alled upon to approve those treaties. Congress was called on to pass laws, and to ap- " propriate meney to carry tliose treaties into efl'ect, and the people of the free States to pay the money and bear the disgrace, in order that slavery may be sustained. But the conse quences of these eft'orts still continue, and the Government has to this day been unable to extricate itself from the difficulties inlo which these exertions in behalf of slavery pre cipitated it. And the people of the free States are to this day taxed and dishonored, in consequence of these violations of their constitutional rights. These facts willbe more fully illustrated when we examine our subsequent relations with the Seminbles and Creeks. But we will riow look to our separate treaties with the Seminole Indians. The first treaty between the U. States and these Indians bears dale at " Camp Moul trie," September 18, 1823. By this treaty the U. States agreed to pay them $6,000, ^nd an annuity of five thousand for twenty years; besides $1,000 yearly for twenty years, to be expended in the support of a school, and the like sum for the same period to be expended in the support of a gun and blacksmith. By the 7th article of said treaty, the Indians obligated themselves "to be vigilant ani active in preventing the retreating to or passing through the district of country as signed them, of any absconding slaves or fugitives from justice." They further stip ulated " to use all necessary exertions to apprehend and deliver such fugitive slaves to the agent of the United States. "f Thus was the money of the nation again appropri ated directly for the purpose of catching southern slaves, and returning them to their masters, while the people of the North were constantly told that the Federal Govern ment possessed ^^no constitutional power in relation to slavery." Before we proceed further, it will be well to caution the reader to bear in mind the his torical fact, that, prior to the maki^ig of this treaty with the Seminole Indians in 1823r tbey had been regarded as a portion of the Creek tribe, from whom they separated, and were therefore called "Seminoles," or "runaways. "It has already been slated that a large portion of these slaves, who had left Georgia prior to 1803, had united wilh these bands of Seminoles, had intermarried, and become incorporated with them. They had been paid for by the Creeks at the rate of five or six times their real value, and the Creeks having paid their money for them, sent their agent? among the Seminoles to demand thera JS slaves, not doubting thai they had derived a good title to them and their oft'spring, from fhe (.'overnment of the U. Slates,§ But the Seminoles, unwilling to surrender their ^ives and children to the Creeks, and heing vexed and harrassed with these and other lemands made upon them for slaveSi were induced to enter into the treaty of "Payne's ?Ex. Doc, 1st Sea., 26th Congress, vol. 6, No. 123. f Laws U. S., 9 vol., 117. J Vide treaty, 7 vol. I. S. Laws, 703. § Vide report of "Wiley Thompson, agent of the U. States for the Seminole Indians. J. Doc. 125, 3d^ession 25tli Congress. Landing, m May, 1832, by which they stipulated" to' remove West, and re-unite with the Creeks. The 7th article of that treaty is in the following words : "The Seminoles, being anxious to be relieved from repeated vexatious demands for slaves, (and other property alleged to have been stolen or destroyed by Ihem,) so that Ihey may remove unembarrassed to their new horaes, the United States stipulate to have the same properly investigated, and to liquidate such as may be satisfactorily establish ed, provided the amount does not exceed seven thousand dollars."* Here, again, the money collected in the free States was paid over directly to the slave holders of Georgia, and Alabama, and Florida, as a compensation for their fuffitive slaves. And so little objection was made to it, that few ofthe people of the North were informed of the fact. The Creeks, however, were not satisfied with this arrangement, but continued to press the Seminoles t6 surrender their wives and children, as the property of the Creeks. It will be recollected that the Seminoles had agreed in the treaty to remove west, and to re-unite with the Creeks. But to emigrate under such circumstances would be to place themselves in the power of the Creeks, who wotdd thus gain possession of those whom they claimed as slaves, but who were iii truth wives and children of the Senii- noles. They therefore preferred lo remain and fight the whites, rather than go to the west, and permit their wives and children to become slaves. They were, however, overpowered, and compelled to emigrate. But when carried west of Arkansas they dared not go into the Creek country, but settled down upon the territory belonging to Ae Cherokees. Here they remained. The Cherokees protested against this act" of the Seminoles. The Creeks were anxious to have the Seminoles remove within their ju risdiction, in order to get their slaves, which they had purchased so dearly of the Fede ral Govemment, while the Seminoles dared not place themselves in the powerof the Creeks; and during several years this triangular contention kept those tribes in a state of turmoil, and almost constantly threatened .them, and the United States wilh war. This state of things was wholly brought about by the efforts of our Governragnt to ob tain , pay for the fugitive slaves of Georgia. The Executive was not an Idle spectator of these facts. Efforts were constantly made to arrange the diffirulty, but without suc cess, until December last, when it is said that a treaty was' eff'ected between the United States on one part, the Cherokees of another part, the Creeks of another part, and the Seminoles of the fourth part. We are entirely indebted to reports communicated through the public press, and received from officers of Government, in respect to, this treaty and its, terms. It has not been officially made known to the people. But so far as we are able to learn the treaty provides: 1, that the Seminoles shall leave the Cherokee lands, and shall settle upon the tract assigned to the Creeks. 2. Their wives and children and ¦ husbands shall remain free. 3. The Seminoles shall pay to the Creeks, for their wives, hnsbands, and children, such sums as shall be awarded by the President of the U. States. Thus we shall exhibit to the civilized world the singular fact of the Executive of the only free nation upon earth, gravely estimating the value of men, of women, and of children, sold and transferred by our Government to a savage and barbarous people. Yet is the question often asked by northern men, "What have we to do wiih slavery?" I answer, we are compelled to pay our money, involve ourselves in crime, degrade our character, and see our constitutional rights subverted, in order tfiat slavery may be sus tained. The first and last treaty with those southern Indians were negotiated for the benefit of .slavery; iritleed, most of our treaties with them since 1789 have contained some provisions for the benefit of the slave-holding interest. Treaty with England. During the late war with Great Britain many slaves escaped from their masters in the •southern States, and sought protection under the British flag. In the first article of the trea ty of Ghent a stipulation was inserted for the restoration of slaves, understood by the com missioners who negotiated the treaty on thg, part of Great Britain to refer to those slaves who had been captured in certain forts ; but by our Government understood to refer to all those slaves who had escaped from their masters during the war, and who had sought British protection. The construction given to the treaty by our Executive was urged * Vide treaty of Payne's Landing, 9 vol. U. S. Laws, 1240. -upon the British ministry with su*h persevering energy that a compromise was effec , by which they agreed to pay to the Govemment of the United States one million two hundred and four thousand dollars, for the benefit of those Southern planters who haa lost their slaves.* Thus the Executive assumed to act as the protector of slavery, ana the influence of the Government was prostituted to the support of that institution. 1 he money was received ; and Congress has often sat in grave deliberation as to the manner of distributing this money among those who claimed to own the flesh and blood, ttie bones and' sinews, of their fellow men. Treaty with Spain. - t? k By the last clause of the Oth article of our treaty with Spain, entered into in Febru ary, 1819, our Government became obligated to " cause satisfaction to be made f^ the injuries, if any, which by process of law .should be established to have been sufifered by the Spanish officers and the individual Spanish inhabitants, by the late operations of the American army in Florida."t In March, 1823, a law was passed for the purpose of carrying this clause of the treaty into effect;^ and another was passed ia January, 1834,§ extending the benefits of this treatv to such persons as suffered by the invasion of our troops in 1812 and'I3. In 1838 Felix Grundy, Attorney General of the United States, . gave a written opinion to the Secretary of the Treasury, that slaves were property, and ought to be paid for under that treaty and the laws to carry it into effect.jl Upon the strength of this opinion of a slave-holding Attorney General, Secretary Woodbury al lowed compensation for some ninety slaves, and some forty thousand dollars, mostly drawn from the people of the free Slates, were paid to slaveholders of Florida; and it is worthy of remark, that nearly if not all these claims had been rejected by former Se cretaries and by Congress. (Vide record in office of the Register of the Treasury.) Moneys paid from the Treasury without authority of law . The attention of the reader will be hereafter called to the fact, that certain monies re ceived from the British Government, as a compensation to the owners of slaves who re gained their liberty from on board the slave ships "Comet and Encomium," were left in the treasury when Mr. Van Buren and his cabinet retired from office. The fact that such money remained in the treasury, and a call upon the owners of the slaves to claim it, was published in the newspapers of Washington and of the southern States. The expense of these advertisements were charged over to the Government; but the riioney of the slaveholders was retained as a sacred treasure, and the full amount paid over to tliose who established their clairas to the slaves. If When the Seminole Indians .emigrated west of the Mississippi, many negroes emi grated with them, as a part ofthe tribe. After they were gone slaveholders of Georgia and of Florida, professing to own those negroes, called on the Treasury Department to pay for them, and they received full compensation from the national treasury.** These payments were made by the Treasurj' Department after the claims had been rejected by ' Congress, and against the entire practice of the Government up to that period. Interference of the Executive with other governments, to prevent the exteiisioii of human Tights. When the'Spanish Colonies on this continent became independent of the parent gov- ernment they emancipated their slaves. Fears were entertained by our Government ¦ that they would extend their aid to Cuba, in which case emanci;Jation would take place in that Island. The effect of extending liberty to the slaves of Cuba was foreseen and dreaded. Our representatives to the Congress of Panama were, therefore, instructed to state to those represented in that body, explicitly, that tlie United States would not per mit a war of emancipation to be waged in Cuba, lest the example might be attended with serious consequences to the slaves of this Union.tt To prevent the extension of civil liberty to the .slave population of Cuba, great efforts were put forth by our Govern ment to induce the Kin^ of Spain to acknowledge the independence of his revolted co- * Laws of the U. S., vol. 8, 693. t Laws of the U. S., vol. 1, 622. % Laws of the U. S., vol. 7 166 \ Laws pf U. S., vol. 9, 59. || Ex. Doc. No. 123, 2d Session 26th Congress. IT Expenditure of the' State Depart., 1840. ** Expenditures of the Indian bureau, 1343. tt Letter of Instructions, May 8 1826 lonies ; and the Emperor of Eussia was solicited to use his influence with the Spanish Government to effect that object.* Attempts of thi Executive to obtain fugitive slaves from Canada and Mexico. Every reader is aware that great numbers of slaves have left their masters in the northern slave States, and sought security under the British Government in Canada. Others from the more southern slave States have found their way to Mexico. The pro fits of the institution being thus affected, the Executive appears to have regarded it as an official duty to lend the inflilence of the nation to prevent the recurrence of such losses. Our minister at London was therefore instructed to obtain a stipulation with the British Government, for the mutual surrender of fugitive slaves. The proposition was made, and urged, until our minister was distinctly informed, that such an arrange ment on the part of Great Britain was impossible.t The proposal was, however, sub sequently pressed upon the British minister by express instructions, until that function ary assured our representative, that " the law of Parliament gave freedom te every slave who should land on British ground." But the efforts of our Government were more successful with tlie Mexican minister, with whom a treaty for the surrender of fugitive slaves was actually negotiated ; but it was rejected by the Mexican Congress, when presented for its ratification, and further attempts on the subject were given up. Employment of the army and navy to sustain slavery. After the close of the war with Great Britain in 1815, the fugitive slaves began to collect qn the east side of the Apalachicola river, some fifteen miles from its mouth, in the territory of Florida. Here they erected a fort, and provided themselves with arms, ammunition, and provisions. They opened plantations in the vicinity of the fort, and commenced farming. They soon attracted the attention of the slayeholders, who be came alarmed at these indications of freedom. Reports to the Federal Executive were made of the dangerous character of these fugitives, whose sole object was to live in < the quiet and peaceful enjoyment of their liberty. MiUtary officers of the United States directed their attention to this state of facts, and a correspondence, occupying many pages in regard lo this collection of fugitive slaves, may be found among the Executive documents of the 2d session 15th Congress. The Secretary of War issued orders to Gen. Jackson, directing him to notify the commandant of Pensacola that such a Fort existed, "and was occupied by some two hundred and fifty or three hundred negroes, who inveigled the slaves from, the frontiei: of Georgia; and that if it should be determined that the subject did not require the in terference of Congress, measures woul^ be taken for its destruction." General Jackson issued orders to General Gaines "to destroy the fort, and to restore the negroes to their owners." General Gaines issued his orders to Col, Clinch, who advanced with in a mile or two of the fort, and attempted a cannonade, but appears to have failed in making any impression upon it. At the same time, Comraodore Patterson had des patched two gunboats for the reduction of this fortress. They ascended the river, took their positions opposite the fortj and, by firing hot shot, blew it up. There were about two hundred and eighty negroes, including women and children, in the Fort, together with some twenty Indians. Of the whole number, two hundred and seventy were killed, and several others mortally wounded.f Among them, were some of those fugi tives who had left their masters in Georgia prior to 1790, and for whom the Creek In dians subsequently paid four or five times their real value, as heretofore shown. Those who were neither killed nor mortally wounded, were seized by our troops, and restored to their masters. § No act or offence against the'United States is alleged against these • people, except that they fled from slavery. For that alone they were thus murdered by the Federal Government. — " The deep damnation of their taking off," Ksts on the people of the free, as well as of the slave States. Yet are the inhabitants of * Instructions to Mr. Middleton, May 10, 1825. t Vide Mr. Gallatin's Letter, July 5, 1827. * Vide, Com. Patterson's repor^," 2d Session 15th Congress. § Ex. Doc. 2d Session 15th Congress. 8 the north insulted by the constant assertion that the "Federal Government cannot inter fere in any Way concerning slavery," This barbarous murder aroused iri the negroes and Indians a spirit of hostility to the -=whites. On the 25th March, 1818, the President communicated to the Senate such in formation as he possessed in relation to the then existing war witli the " Seminole In dians." Among other matters, was an extract of a letter from George Ferryman to Lieut. Sands, dated February 24, 1817, in which the writer, speaking of the Indians oh - ' Flint River, remarks : " They speak in the most conteraptuous manner of the Ameri cans, and threaten to have satisfaction for what has been done — meaning the des truction of the negro Fort. Another 6f my acquaintances (says he) returned imme diately frora the Seminole towns, and saw the negroes on paradp there. He counted about six hundred that bore arms. They have chosen officers of every description, an^ endeavor to keep up a regular discipline. There is said to be about the same number of Indians, and both Indians and negroes are daily going to their standard.""^ In No vember, 1817, while communicating intelligence of the first skirmish between our troops and the Indians, General Gaines says: " The reports of friendly Indians concur in estimating the number of hostile warriors, including the Redsticks and Seminoles, at raore than two thousand, besides blacks, amounting to four hundred men, and increasing by. runaways frora Georgia,"t Gen. Jackson, in raaking report of the first battle after his arrival upon the theatre of war, speaks of the combiiied forces of " Indians and ne- groes."X In his report of the battle at Suwanee, he says there were " nine negroes and two Indians killed," and " two negro men taken prisoners." He also reported ¦" nine Indians and five negroes taken prisoners" the next day.§ In his letter of May 5, 1818, to the Secretary of War, announcing the execution of Arbuthnot and Ambris- ter. Gen Jackson charges those men with having excited " this negro war." And in his memorial to the Senate, he declares that " acting as chiefs ofthe negroes and In dians, Arbuthnot an'd £.mbrister had become iden'ifed with those monsters — asso ciates in war. Great Britain (says he) would not interfere, to prevent those miscreante from instigating fugitive negroes and Indians to the burning and pillaging the buildings and scalping the inhabitants of Georgia and Alabaraa."|| On the trial of those men, witnesses were brought forward, to show that they had in tercourse wilh the negroes, and that they had encouraged them to defend theraselves against the whites ; and one witness swore that Ambrister at one tirae coraraanded a party of negroes and had dealt out to thera amraunition, goods, paints, &c.: and another swore that he had heard that Arbuthnot advised, that Williara Hambly, a prisoner, should be delivered over to six Indians, who were in the Fort when it was blown up, and escaped. A letter from' Arbuthnot to his son, was read in evidence and regarded as important. In that letter he declared, "the main object of the Americans is to. des troy the black population on the Suwanee."^ in short, in the reports of nearly all the battles fought during that war, the negroes appear to have acted a conspicuous part ; and in nearly all the documentary evidence before me, they appear to have been regarded as pjincipals in the war. In an address of the Seminoles to Governor Cameron, dated in April, 1818, setting forth the causes of the war in which they tVere then engaged, they declare the murder of their brethren at the Fort blown up by our gun-boats, two years previously, to have been a principal cause of that war. Indeed, from a careful perusal of the documentary evidence, it appears very satisfactorily, that the efforts ofour Government t-o sustain the institution of slavery, by the aid of physical force, involved us in the first Seminole war. "Some slaves were taken, and restored to their owners, Jjut the number captured or mur dered by our troops does not appear from any evidence within ray knowledge. It is •quite certain that great efforts were made to break up their haunts ; their villages were bumed, their plantations destroyed, their corn and other, provisioas used for the support of the army, and they, together with the Indians, dispersed into various parts of the ter ritory, to avoid the vengeance of our troops. This was effected by a wanton invasion of a territory belonging to a friendly power. When that power refused to surrender her * 12 American State -Papers, 681. t Same Vol. 686. tSame Vol. 699. S Vide Gen. Xackson's letter