VOL. VII.] THE NATIONAL REGISTER if they should be suffered to rally their numbers but which is, in fact, a derelict open to the occu- That the purposes, as well of the Negro. Indian He took possession, therefore, of Pensacola and of the fort of Barrancas, as he had done of St Marks, not in a spirit of hostility to Spain, but as a necessary measure of self defence; giving notice that they should be restored whenever Spain should place commanders and a force there, able and willing to fulfil the engagements of Spain towards the United States, of restraining, by force, the Florida Indians from hostilities against their citizens The President of the United States, to give a signal manifestation of his confidence in the disposition of the King of Spain, to perform with good faith this indispensable engagement, and to demonstrate to the world that neither the desire of conquest nor hostility to Spain, had any influence in the councils of the United States, has di- || rected the unconditional restoration to any Span. ish officer, duly authorized to receive then, of Pensacola and the Barrancas, and that of St. Marks to any Spanish force adequate for its deBut the fence against the attack of the savages President will neither inflict punishment, nor pass a censure upon general Jackson for that conduct, the motives for which were founded in the purest patriotism, of the necessity for which he had the most immediate and effectual means of forming a judgment, and the vindication of which is written in every page of the law of nations, as well as in the first law of nature, self-defence. He thinks it, on the contrary, due to the justice, which the United States have a right to claim from Spain; Majesty's territory; and where was His Majesty's and you are accordingly instructed to demand of profound indignation at that? Mr Pizarro says, His Majesty's forts and places have been violently the Spanish government, that inquiry shall be in stituted into the conduct of Don Jose Mazot, gov-seized on by general Jackson. Had they not been ernor of Pensacola, and of Don Francisco C. Lu-seized on, nay, had not the principal of his forts engo, cornmandant of St. Marks, and a suitable been blown up by Nicholls, and a British fort on punishment inflicted upon them for having, in de the same Spanish territory been erected during fiance and violation of the engagements of Spain the war, and left standing as a Negro fort, in defiance of Spanish authority, after the peace? Where with the United States, aided and assisted these hordes of savages in those very hostilities against was His Majesty's profound indignation at that? the United States, which it was their official duty Has His Majesty suspended formally all negotiato restrain This inquiry is due to the character tion with the sovereign of colonel Nicholls, for the of those officers themselves, and to the honor of shameful invasion of his territory without color of the Spanish government. The obligation of Spain provocation, without pretence of necessity, without the shadow or even avowal of a pretext? Has to restrain, by force, the Indians of Florida from hostilities against the United States and their citi. His Majesty given solemn warning to the British zens, is explicit, is positive, is unqualified. The government, that these were incidents "of transfact, that for a series of years they have received cendent moment capable of producing an essenNicholls and Woodbine, of the two countries?" shelter, assistance, supplies and protection, in the tial and thorough change in the political relations practice of such hostilities from the Spanish comin their invitations and promises to the slaves to manders in Florida, is clear and unequivocal. If, XXXII) as the commanders both at Pens cola runaway from their masters and join them, did not confine themselves to the slaves of the United XLII. and St. Marks have alleged, this has been the result of their weakness, rather than of States-they received with as hearty a welcomes their will, if they have assisted the Indians against and employed with equal readiness, the fugitive, the United States to avert their hostilities from XXV.] from their masters, in Florida, as those from the province, which they had not sufficient force Georgia. Against this special injury the governor of Pensacola did earnestly remonstrate with the to defend against them, it may serve, in some measure, to exculpate, individually, those officers, British admiral Cockburn (see the document but it must carry demonstration irresistible to the marked XXV.) but against the shameful invasion Spanish government that the right of the United of the territory-against the violent seizure of the forts and places-against the blowing up of the States can as little compound with impotence as with perfidy, and that Spain must immediately Barrancas, and the erection and maintenance undes British banners, of the Negro fort on Spanish make her election, either to place a force in Flosoil-against the negotiation by a British officer rida adequate at once to the protection of her ter in the midst of peace, of pretended treaties, ofritory and to the fulfilment of her engagements ensive and defensive, and of navigation and comor cede to the United States a province, of which merce upon Spanish territory, between Great she retains nothing but the nominal possession; Britain and Spanish Indians, whom Spain was bound to control and restrain-if a whisper of expostulation was ever wafted from Madrid to London, it was not ioud enough to be heard across the Atlantic, nor energetic enough to transpire beyond the walls of the palaces from which it issued, and to which it was borne. and XLIX. b.] XLVII. c.] papers of London, of the 24th and 25th of Aug. last, his let ter to Nicholls is published, (somewhat garbled) with a [Compare XLVII. c. copy of Hambly's abovemenand XLIX. No. 1] tioned letter to him, and a reference to this Indian power of attorney to him, || approved by the commandant of St. Marks, F. C. Luengo. Another of the papers is a letter, writXLVII.] ten in the name of the same chiefs, by Arbuthnott, to the governor general of the Havanna, asking of him permission for Arbuthnott to The connection between Arbuthnott and Nicholls, and between Armbrister, Woodbine and McGregor, is established beyond all question, by the evidence produced at the trials before the court martial. I have already remarked to you on the very extraordinary circumstance, that a Bri-establish a warehouse on the Appalachicola; bittish trader from beyond the sea should be per- terly and falsely complaining that the Americans mitted, by the Spanish authorities, to trade with had made settlements on their lands, within the the Indians of Florida. From his letter to Ham- Spanish lines, and calling upon the governor genbly, dated 3d May, 1817, (see the documents eral to give orders to displace them, and send marked G in the proceedings of the court martial) them back to their own country. In this letter it appears that his trading was but a pretence; and they assign, as a reason for asking this license for that his principal purpose was to act as the agent Arbuthnott, the want of a person to put in writing of the Indians of Florida, and outlaws from the for them their talks, of grievances against the Creeks, to obtain the aid of the British govern- Americans. And they add, "the commander of ment, in their hostilities against the United States. the fort of St. Marks has heard all of our talks and He expressly tells Hambly there, that the chief of complaints. He approves of what we have done, those outlaws was the principal cause of his, Ar-and what we are doing; and it is by his recom. buthnott's, being in the country; and that he had|| mendation we have this presumed to address your come with an answer from earl Bathurst, deliver- excellency." You will find these papers in the ed to him by governor Cameron, of New Provi-printed newspaper enclosed, and in the proceed dence, to certain Indian talks, in which this aid of ings of the court martial, and will point them out the British government had been solicited. Ham to the Spanish government, not only as decisive bly, himself, had been left by Nicholls, as the proofs of the unexampled compliances of the agent between the Indians and the British go. Spanish officers in Florida, to foreign intrusive vernment; but having found that Nicholls had fail agents and instigators of Indian hostilities against ed in his attempt to prevail upon the British go-the United States; but as placing, beyond a doubt, vernment to pursue this clandestine war, in the that participation of this hostile spirit in the commidst of peace; and that they were not prepared mandant of St. Marks, which general Jackson so to support his pretence, that half a dozen out-justly complains of; and of which we have so well lawed fugitives from the Creeks were the Creek nation; when Arbuthnott, the incendiary came, and was instigating them, by promises of support from Great Britain, to commence their murderous incursions into the United States, Hambly, at the XLVII. b.] request of the Creeks themselves, wrote to him, warning him to withdraw from among that band of outlaws, and giving him a solemn foreboding of the doom that awaited him, from the hand of justice, if he persevered in the course that he pursued. Arbuthnott, nevertheless, persisted; and while he was deluding the wretched Indians with the promise of support Let us come to the case of Armbrister-He was XLIX] from England, he was writing letters for taken in arms, leading and commanding the Inb. them to the British minister in the United dians, in the war against the American troops; and c. States, to governor Cameron, of New Pro- to that charge, upon his trial, pleading guilty. d. vidence, to colonel Nicholls; to be laid be But the primary object of his coming there, was e. fore the British government, and even to still more hostile to Spain, than to the United f. the Spanish governor of St. Augustine, LVIII.] States. You find that he told three of the XLIX] and the governor general of the Havana, witnesses, who testified at his trial, that he had soliciting, in all quarters, aid and support, arms, come to this country upon Mr. Woodbine's busiand ammunition, for the Indians, against the ness at Tampa Bay-to see the Negroes righted; United States; bewailing the destruction of the and one of them, that he had a commission in the Negro fort, and charging the British government Patriot army, under McGregor; and that he had with having drawn the Indians into war with the expected a captaincy. And what was the intendUnited States, and deserting them after the peace.ed business of McGregor and Woodbine, at Tam. You will remark among the papers produced on XLIX. No. 1.1 his trial, a power of attorney, dated 17th June, 1817, given him by twelve Indians, partly of Florida, and partly of the fugitive outlaws from the United States. He states that this power, and his instructions, were, to memorialize the British government, and the governor general of the Havana. These papers are not only substantially proved, as of his hand writing, on the [Compare XLVII. a. trial, but in the daily news founded a right to demand the punishment. Here is the commandant of a Spanish fort, bound by the sacred engagement of a treaty to restrain, by force, the Indians within his command from committing hostilities against the United States, conspiring with those same Indians, and deliberately giving his written approbation to their appointment of a foreigner, a British subject, as their agent, to solicit assistance and supplies from the governor general of the Havana, and from the British government, for carrying on these same hostilities. pa Bay? It was the conquest of Florida from Spain, by the use of those very Indians and Negroes, whom the commandant of St. Marks was so ready to aid and support in war against the United States. The chain of proof that establishes this fact, is contained in the documents communicated by the President to Congress at their last session, relating to the occupation of LVI.] Amelia Island by McGregor. From these documents you will find, that while M'Gregor was Hadjo, upon his return from England to New Providence, and under pretence of taking care of him and his affairs-of having defrauded him of a large portion of the presents which had been delivered out from the king's stores to him, for Francis's XLVII. a.] use. This is one of the passages of Arbuthnott's letter to Nicholls, omitted in the publication of it last August, in the London new spa pers. there, Woodbine went from New Providence, in a schooner of his own, to join him: That he ar rived at Amelia Island, just as McGregor, abandoning the companions of his achievement there, was leaving it: That McGregor, quitting the ves sel in which he had embarked at Amelia, went on board that of Woodbine, and returned with him to New Providence: That Woodbine had persuaded him they could yet accomplish the conquest of Florida, with soldiers to be recruited at Is this narrative of dark and complicated deNassau, from the corps of Colonial Marines, which pravity; this creeping and insidious war, both had served under Nicholls during the late war against Spain and the United States; this mockery with the United States, which corps had been of patriotism; these political philters to fugitive lately disbanded; and with Negroes to be found slaves and Indian outlaws; these perfidies and at Tampa Bay, and 1500 Indians, already then en- treacheries of villains incapable of keeping their gaged to Woodbine, who pretended that they had faith even to each other, all in the name of South made a grant of all their lands there to him. American liberty, of the rights of runaway NeLVI a b] Among the papers, the originals of groes, and the wrongs of savage murderers-all which are in our possession, in McGregor's own combined and projected to plunder Spain of her hand writing, instructions for sailing into Tampa provinces, and to spread massacre and devastation Bay, with the assertion that he calculated to be along the borders of the United states? Is all this there by the last of April or first of May, of the sufficient to cool the sympathies of his Catholic d.] present year; a letter dated 27th December Majesty's government, excited by the execution last, to one of his acquaintance in this country, of these two "subjects of a power in amity with e.] disclosing the same intention; and the extract the king." The Spanish government is not at of a proclamation which was to have been issued this day to be informed that, cruel as war in its at Tampa Bay, to the inhabitants of Florida, by mildest forms must be, it is, and necessarily must the person charged with making the settlement be, doubly cruel, when waged with savages; that there, before his arrival, announcing his approach, savages make no prisoners, but to torture them; for the purpose of liberating them from the des- that they give no quarter; that they put to death potism of Spain, and of enabling them to forin a without discrimination of age or sex; that these government for themselves. He had persuaded ordinary characteristics of Indian warfare have those who would listen to him here, that his ulti-been applicable, in their most heart-sickening mate object was to sell the Floridas to the United horrors, to that war, left us by Nicholls, as his States. There is some reason to suppose that he legacy, reinstigated by Woodbine, Arbuthnott and had made indirect overtures, of a similar nature,|| Armbrister, and stimulated by the approbation, to the British government. This was Armbris encouragement, and aid of the Spanish com ter's business in Florida. He arrived there in mandant at St. Marks Is proof required? Intreat XLIX. March, the precursor of McGregor and the Spanish minister of state, for a moment, to Woodbine, and, immediately upon his arrival, he overcome the feelings which details like these is found seizing upon Arbuthnott's goods, and must excite, and to reflect, if possible, with comdistributing them among the Negroes and Indians;posure, upon the facts stated in the following exseizing upon his vessel, and compelling its master to pilot him, with a body of armed Negroes, towards the fort of St. Marks, with the declared purpose of taking it by surprise, in the night. Writing letters to governor Cameron, of New Providence; urgently calling for supplies of munitions of war, and of cannon, for the war against" the Americans; and letters to col. Nicholls, renewing the same demands of supplies; informing him, that he is with 300 Negroes, a few of our Bluff people,' who had stuck to the cause, and were rely. ing upon the faith of Nicholls's promises. Our Bluff people were the people of the Negro fort, collected by Nicholls's and Woodbine's procla mations, during the American and English war; and the cause to which they stuck, was the savage, servile, exterminating war against the United States. tracts from the documents enclosed: Letter from sailing master Jairus Loomis to commodore Daniel T. Patterson, 15th August, XXIII., 1816, reporting the destruction of the Negro Fort. "On examining the prisoners, they stated that Edward Daniels, O. S. who was made prisoner "in the boat, on the 17th July, was tarred and " burnt alive." Letter from Archibald Clarke to general Gaines, 26th February, 1817. (Message of the President of the United States to Congress, 25th March, 1818, p. 9.) "On the 24th inst. the house of Mr. Garrett, "residing in the upper part of this county, near "the boundary of Wayne county, (Georgia) was "attacked, during his absence, near the middle "of the day, by this party, (of Indians) consisting Among the agents and actors of such virtuous "of about fifteen, who shot Mrs. Garrett, in two enterprizes as are here unveiled, it was hardly "places, and then dispatched her by stabbing and expected that there would be found remarkable scalping. Her two children, one about three evidences of their respect, confidence, and good" years, and the other two months, were also faith towards one another. Accordingly, besides "murdered and the eldest scalped: the house the violent seizure and distribution, by Armbris- "was then plundered of every article of value, ter, of Arbuthnott's property, his letters to go "and set on fire." vernor Cameron, and to Nicholls, are filled with the distrust and suspicions of the Indians, that they were deceived and betrayed by Arbuthnott: while in Arbuthnott's letters to the same Nicholls, he accuses Woodbine of having taken charge of XLIX. f] poor Francis, the prophet, or Hillis" LXI.] Letter from Peter B. Cook (Arbuthnott's clerk) to Eliz. A. Carney, at Nassau, dated Suwahnee, 19th January, 1818, giving an account of their operations with the Indians, against the Americans, and their massacre of lieutenant Scott and his party. nterpose in wars between the United States and he Indians, within their control. "There was a boat that was taken by the Intenders of European agency, to stimulate, and "dians, that had in thirty men, seven women, "four small children. There were six of the "men got clear, and one woman saved, and all "the rest of them got killed. The children were "took by the leg, and their brains dashed out "against the boat." by the failure of Spain to perform her engagement, to restrain the Indians, aggravated by this demonstrated complicity of her commanding offi cers with them, in their hostilities against the United States: That the two Englishmen executed by order of Gen. Jackson where not only identified with the savages, with whom they were carry. This exposition of the origin, the causes, and the character of the war with the Seminole Indians and part of the Creeks, combined with McGregor's mock patriots and Nicholls's Negroes, which If the bare recital of senes like these cannot necessarily led our troops into Florida, and gave be perused without shuddering, what must be the rise to all those incidents of which Mr. Pizarro so agonized feelings of those wives and children are, vehemently complains, will, it is hoped, enable from day, to day, and from night to night, ex you to present other and sounder views of the posed to be the victims of the same barbarity? subject to his Catholic Majesty's government: It Has mercy a voice to plead for the perpetrators will enable you to show that the occupation of and instigators of deeds like these? Should inquiry Pensacola and St. Marks was occasioned neither hercafter be made, why, within three months by a spirit of hostility to Spain, nor with a view to after this event, the savage Hamathli Micco, upon extort, prematurely, the province from her pos being taken by the American troops, was, by order session; that it was rendered necessary by the of their commander, immediately hung, let it be|| neglect of Spain to perform her engagements of told that that savage was the commander of the restraining the Indians from hostilities against the party by which those women were butchered, United States, and by the culpable countenance, and those helpless infants were thus dashed encouragement, and assistance given to those faagainst the boat. Contending with such enemies, dians, in their hostilities, by the Spanish governor although humanity revolts at entire retaliation and commandant at those places: That the United upon them, and spares the lives of their feeble States have a right to demand, as the President and defenceless women and children, yet mercy does demand, of Spain the punishment of those herself surrenders to retributive justice the lives officers for this misconduct; and he further de of their leading warriors taken in arms-and still mands of Spain a just and reasonable indemnity to more the lives of the foreign, white incendiaries, the United States for the heavy and necessary exwho, disowned by their own governments, and dis-penses which they have been compelled to incur, owning their own natures, degrade themselves beneath the savage character, by voluntarily descending to its level. Is not this the dictate of common sense? Is it not the usage of legitimate warfare? Is it not consonant to the soundest authorities of national law? "When at war (says Vattel) with a ferocious nation, which observes no rules and and grants no quarters, they may being on the war against the United States, but that chastised in the persons of those of them who may one of them was the mover and fomenter of the be taken; they are of the number of the guilty; war, which, without his interference and false and by this rigor the attempt may be made of promises to the Indians of support from the Bri. bringing them to a sense of the laws of humanity." tish government, never would have happenedAnd again; "As a general has the right of sacri- that the other was the instrument of war against ficing the lives of his enemies to his own safety or Spain as well as the United States, commissioned that of his people, if he has to contend with an by McGregor, and expedited by Woodbine, upon inhuman enemy, often guilty of such excesses, be their project of conquering Florida with these Inmay take the lives of some of his prisoners, and dian and negroes: That, as accomplices of the treat them as his own people have been treated." savages, and, sinning against their better know. The justification of these principles is found in ledge, worse than savages, general Jackson, pos. their salutary efficacy, for terror and for example sessed of their persons and of the proofs of their It is thus only that the barbaritics of Indians can guilt, might, by the lawful and ordinary usages of be successfully encountered It is thus only that war, have hung them both without the formality the worse than Indian barbaritics of European im- of a trial: Thal, to allow them every possible op posters, pretending uthority from their govern-portunity of refuting the proofs or of showing any ments, but always dis y wed can be punished and circumstance in extenuation of their crimes, he arrested. Great Britain yet engages the alliance gave them the benefit of a trial by a court martial, and co-operation of savages in war But her go of highly respectable officers: That the defence vernment has invariably disclaimed all counte of one consisted, solely and exclusively, of techninance or authorization to her subjects to instigate cal cavils at the nature of part of the evidence them against us in time of peace. Yet so it has against him, and the other confessed his guilt. happened, that from the period of our established Finally, that, in restoring Pensacola and St. Marks independence to this day, all the Indian wars with which we have been afflicted have been dis-of his confidence, that hereafter her engagement to Spain, the President gives the most signal proof tinctly traceable to the instigation of English to restrain, by force, the Indians of Florida from traders or agents, always disavowed, yet always all hostilities against the United States, will be felt, more than once detected, but never before effectually fulfilled; that there will be no more punished. Two of them, offenders of the deep murders, no more robberies within our borders, est dye, after solemn warning to their govern- by savages prowling along the Spanish line, and ment, and individually to one of them, have fallen, seeking shelter within it, to display in their vil flagrante delicto, into the hands of an American lages the scalps of our women and children, their general: and the punishment inflicted upon them victims, and to sell, with shameless effrontery, has fixed them on high as an example, awful in the plunder from our citizens in Spanish forts and its exhibition, but, we trust, auspicious in its cities; that we shall hear no more apologies from results, of that which awaits unauthorized pre. "Spanish governors and commandants, of their of February, 1815, are conformable to existing laws, and, there is any interference, wherein; and, if any, what legislative provision may, in the opinion of the said Secretary, be necessary to give force and effect to the said rules, regulations and instructions; and, also, to report, as aforesaid, any other provision which the said Secretary may deem proper for the more perfect administration of any branch of the naval service. On motion of Mr. Forsyth, it was Resolved, That the committee on the District of Columbia, be instructed to inquire into the expediency of amending the laws existing in the county of Washington, in the District of Columbia, regulating the seizure and sale of persons of color, suspected to be runaway slaves. The report of the committee of claims, unfa inability to perform the duties of their office and the solemn contracts of their country-no more excuses for compliances to the savage enemies of the United States from the dread of their attacks upon themselves-no more harbouring of foreign impostors, upon compulsion; that a strength suf ficient will be kept in the province to restrain the Indians by force, and officers empowered and instructed to employ it effectually to maintain the good faith of the nation, by the effective fulfil ment of the treaty. The duty of this government to protect the persons and property of our fellow citizens on the borders of the United States is imperative-it must be discharged-and if, after all the warnings that Spain has had-if, after the prostration of all her territorial rights and neutral obligations, by Nicholls and his banditti, during war, and of all her treaty stipulations, by Arbuthnottvorable to the petition of Christopher Fowler, and Armbrister, abetted by her own commanding officers, during peace, to the cruel annoyance of the United States-if the necessities of self-defence should again compel the United States to A message was received from the President of take possession of the Spanish forts and places in the United States, transmitting, in compliance Florida, declare, with the candor and frankness with the resolution of the Senate of the 25th that become us, that another unconditional res-ultimo, a report from the Secretary of War, restoration of them must not be expected; that even pecting the rules and regulations adopted for the the President's confidence in the good faith and Military Academy at West Point, the number of ultimate justice of the Spanish government will Cadets admitted into the Academy, the number who have received appointments in the army, yield to the painful experience of continual dis appointment; and that, after unwearied and almost &c. which message and documents were read. unnumbered appeals to them, for the performance of their stiptulated duties, in vain, the United States will be reluctantly compelled to rely, for the protection of their borders, upon themselves alone. You are authorized to communicate the whole of this letter and the accompanying documents to the Spanish government. I have the honor, &c. &c. JOHN QUINCY ADAMS, Congress of the United States. SENATE. Friday, February 5. The President communicated to the Senate the Ennual report of the state of the sinking fund; and, likewise a report of the Secretary of War, embracing a statement of moneys transferred daring the late recess of Congress, by authority of the President of the United States, from one specific appropriation to another; which reports were read. Mr. Wilson submitted the following resolution: Resolved, That the committee on the militia be instructed to inquire into the expediency of making some further provision by law for insuring annual and accurate returns of the militia of the several states and territories. The resolution was agreed to. Mr. Tait, from the committee on naval affairs, to whom was referred a message of the President of the United States of the 18th April last, transmitting a copy of the orders and regulations of the navy, reported the following resolution, which was read: Resolved, That the Secretary of the Navy, under the direction of the President of the United States, report to the Senate, in the first week of the next session, whether the rules, regulations, and instructions prepared by the board of navy commissioners, in obedience to the act of the 15th was taken up, and, on motion, it was reversed, and the committee of claims instructed to prepare a bill for his relief. The bill more effectually to provide for the punishment of certain crimes against the United States, was taken up, and, after undergoing some consideration, was, on motion of Mr. Forsyth, recommitted to the judiciary committee for further consideration. The report of the committee of claims on the petition of John Anderson, of Michigan territory, was taken up, and, on motion of Mr. Ruggles, the committee were instructed to bring in a bill for his relief. The report of the committee of claims unfavorable to the petition of Augustus Sacket, was taken up and concurred in The Senate resumed the consideration of the bill to incorporate the Medical Society of Washington City, which, having been amended, was ordered to be engrossed for a third reading The bill supplemental to the act further to amend the charter of the City of Washington; the bill for the relief of John Clark; the bill for the relief of Samuel Ward; the bill for the relict of John A. Dix; the bill for the relief of Samuel F. Hooker, and the bill for the relief of John B. Timberlake, were respectively considered, and severally ordered to be engrossed and read the third time. The bill from the House of Representatives to incorporate the Benevolent association of Clerks in the City of Washington, was read the third time, as amended, passed and returned to the other House. The engrossed bills authorizing a subscription to the 11th and 12th volumes of Wait's edition of State Papers; and the engrossed bill to provide for sick and disabled seamen, were severally read the third time, passed and sent to the other House for concurrence therein. The bill to authorize the corporation of the City of Washington to extend certain streets, (across the mall) was taken up, and, on the motion of Mr. Goldsborough, postponed to a day beyond the session. |