whites and Indians, to prevent the Indians from wandering beyond the territorial boundaries. And further the deponent saith not.

H. S. HAWKINS, Assistant Surgeon, U. S. A.

Sworn and subscribed to at Fort King, Florida, this 9th of March, 1829, before

me,

GEORGE DOWNS, J. P. of Alachua county, Fla. (

Seminole Agency, 4th April, 1830.

"SIR-I have to state that the best investigation I have been able to make relative to the Indian depredations complained of by persons residing near Istec-Hatchie, as set forth in the affidavits which accompanied your letter of the 18th ultimo, has brought forth no testimony going to sustain the said complaints. The Indians deny, in toto, the charge made against them, in the affidavits of Johnson and others; and say that he, Johnson, is largely indebted to them for skins and other articles, which he has purchased from them, and not paid for. It is much to be regretted that a stop is not put to the traffic carried on between the Indians and the whites residing outside of the Indian territory; it is the only or principal motive the Indians have to go abroad; and they would almost, if not altogether, at once discontinue their wanderings, and thus put an end to the most fruitful cause of murmur against them on the part of the whites. But it is idle, I must repeat, to think of restraining and confining them at home by the mere power of words, while they are tempted, as they now are, by the strong inducement of trade in whisky, (to them the most resistless and pernicious kind,) to go beyond their limits.

Very respectfully, your obedient servant,

JAMES D. WESTCOTT, Jr., Esq., Sec. and Acting Governor of Florida, Tallahassee. S

G. HUMPHREYS,
Agent Seminole Indians."

Through the years of 1829 and 1830 this critical state of affairs existed. No one knew at what moment open hostilities might commence, and the country be laid waste by fire and blood. In the face of this, demands for negroes were still authoritatively made, and most criminally persisted in; though the most unequivocal evidences had been given, that a further prosecution of the subject would, ere long, involve the country in an Indian warfare. Enough had been done to place the matter upon equitable grounds, and, if necessary to urge it, the evils complained of by the Indians should have been removed, and their rights protected by some competent tribunal.

But to relinquish property in order to establish a right, is unprecedented in any court of justice, and with the Indian was a virtual abandonment, as experience had taught of all title, however justly obtained.

The following letter was the last written by the agent upon the subject:

"Seminole Agency, 16th February, 1830. "SIR-Your letter of the 20th September last, containing inquiries directed by the secretary of war, relative to certain slaves in the Indian nation, claimed by a Mrs. Hannay, of Georgia, came to me on the 12th inst., by Major Phagan, the sub-agent. To the first inquiry, Why has not the order for the delivery of said slaves been complied with?' I have to state, that the reasons were promptly communicated to the superintendent, in a letter written to him upon the subject, after the order was delivered, and read to the chiefs. The ground assumed by them was, that the property demanded of them belongs to members of the nation by purchase from the father of Mrs. Hannay, and that they could not consent to surrender it until the whole should be adjudicated upon by a competent judicial tribunal, and a decision adverse to their claim given by such tribunal; pledging themselves, at the same time, to make a surrender so soon as the question of ownership should be settled against them.

"To the second inquiry of the secretary, I answer, that the negroes in dispute have been, and I believe now are, in Florida, and in the Indian nation; but they are not within the control of the agent, denied as he is by the department, in a letter received from you some months since, the use of the means requisite to enable him to effect a compliance with its orders upon such subjects. A meeting of the chiefs of the nation is to take place here to-morrow, at which the order alluded to will be again read and explained to them, and a compliance with it urged upon them. I shall, at the same time, communicate to them the substance of a letter upon the same subject, received by Major Phagan, from the acting governor, to whom the result will, without delay, be made

known.

THOS. L. MCKENNEY, Esq.,

I am your obedient servant,

MCKENNEY, Washington.}

G. HUMPHREYS, Agent Seminole Indians."

By a letter from the secretary of war, of March 21st, 1830, Col. Humphreys was informed, that he would no longer perform the duties of agent to the Florida Indians. Eight years he had devoted to the interests of the government, his country, and the Indians.

It is not contended that, in the exercise of these functions, pressed on all sides by conflicting interests and motives, he was infallible. But his correspondence shows conclusively, a disposition to carry out fully the policy and designs of the government towards the natives, and which they had a right to demand. And

though discouraged, and ultimately defeated, he, throughout, was a sincere and uncompromising friend of the red man. They relied implicitly on his fidelity and zeal in their behalf, which, with such men, though rude and uncultivated, is not attained without years of repeated trials.

He foresaw, when entering upon the duties, at so early a period, the complicated difficulties. These, instead of diminishing as he became accustomed to the Indians and the country, increased from year to year, by the enterprise and cupidity of those seeking fortunes in a new land.

In the relative proportion as his activity and intelligence protected and vindicated the savage, so did the acrimony of the populace increase, until, by loud complaints to high authority, and constant murmurings among the people, he was ejected from office.

This was doubtless anticipated; and, had he any designs beyond the conscientious discharge of his duties, he could have pandered to the public appetite, and thus secured his position, and received a due proportion of the plunder generally accruing in the expulsion of the Indian. But he relinquished his office in the midst of discord and threatened hostilities, bearing with him the best evidence of fidelity and integrity, in the condemnation and derision of the whites, and receiving from the red man the unaffected testimony of his confidence and regard.

The events which transpired between the 17th of July, 1821, and the 21st of March, 1830, as shown by the accompanying correspondence, talks, &c., give a partial insight into the origin of the Florida war.

CHAPTER II.

FROM MARCH 21, 1830, TO DECEMBER 31, 1835.

Major John Phagan appointed agent to the Seminoles. He accompanies the delegation of Seminoles to Arkansas.-Charges preferred against him.-Treaty of Payne's Landing.-The Indians sent to Arkansas to explore the country.-Commissioner appointed to meet them there: they sign the additional treaty putting in force the treaty of Payne's Landing.-Dissatisfaction of the tribe on their return to Florida.-Conduct and language of the chiefs and Indians in reference to a fulfillment.-First appearance of Oseola or Powell.-The Indians positively refuse to emigrate.-Gen. Wiley Thompson, of Georgia, appointed agent in the place of Phagan.-The general feeling and state of affairs within the nation.-Correspondence of J. H. Eaton, governor of Florida; Lewis Cass, secretary of war; B. F. Butler, attorney general; Gen. Clinch; Col. Gadsden; Gen. Thompson, agent; Lieut. Harris, Capt. Graham, and Capt. Russell, U. S. A.-The Indians assemble in council at Fort King.-The conduct of Micanopy, Jumper, Alligator, and Oseola.-The commanding influence of the negroes over the Indians. The duplicity and cunning of Oseola.-He placed in irons and under guard in the fort.Murder of the chief Charley-E-Mathla for favoring emigration.-The Indians prepared for the conflict. The massacre of Gen. Thompson and Lient. Smith by Oseola and party.-Massacre of Major Dade's command: Alligator's account of it.-Gen. Clinch attacked on the Withlacoochie by Oseola; a fight; he retreats.-Florida War commenced.-The character of the contest.

THE treaty of Payne's Landing forms another and important era in the history of the Florida Indians. Major John Phagan was the successor of Col. Gad Humphreys in the duties of Indian agent. Without the requisite qualifications for the office, he brought with him the patronage of the executive, as well as the partialities of the people. The condition of the Indians during his administration was far from being improved. They became more restless and dissatisfied, from day to day, on finding that their agent, instead of being a bold and independent vindicator of their rights, was an active instrument in perfecting the designs of those by whom they were surrounded. Though totally unqualified, both by education and morals, as an example and an adviser, he nevertheless bore an important part in the measures adopted during his period of office to expel the Indians, and thus inflict upon the country a protracted and sanguinary war. He conducted the delegation of chiefs sent to Arkansas to explore the country, under the stipulations of the treaty of Payne's Landing, and returned with them in the spring of 1833, and continued in the discharge of the duties of his office until the last of November, 1833. Complaints had been frequently made by the chiefs of his brutal treatment of their people, and his total disregard to their demands for justice and protection. James D. Westcott, Jr., then secretary and acting governor of the territory, investigated the matter, though at rather a late period, and addressed a communication to the commissioner of Indian affairs, on the 5th of November, 1833, from which the following is an extract:

"SIR-On my visit to the agency, I regret to state, that I discovered evidences of fraud and improper conduct on the part of

Major Phagan, which I will conmunicate to the department with my accounts, with which, in fact, they will be necessary as explanations. I discovered that in regard to the employés of the agency, he had sub-contracts with them for much less than the amount they receipted for to the government, and that even for the amount of these sub-contracts he was in default to them. I found also that he was in debt to several Indians, and to Abraham, one of the Seminole interpreters; to the contractor, for beef at the agency, for provisions at the payment of the annuity in 1832; and Col. Blunt, an Indian chief, has a claim of fifty dollars for arrears of his annuity receipted for to him. I have promised Abraham and the Indians to report this to the department."

Such conduct exasperated the Indians. They were surrounded by crafty and designing men, and subjected to the advice and control of an agent, who, not content with wronging them and the government, was carrying on ingenious schemes to defraud the humble mechanic dependent upon the public expenditures for support. Difficulties of a similar character, trifling in themselves, accumulated at every step as the better portion of the community labored to avert them, and thereby pacify the Indians. Occurrences which could not be foreseen awakened the worst passions among a people who looked with prejudice and suspicion upon every transaction. No act, however well intended, was considered indicative of friendship. Results, too often unfortunate, from various influences and prejudices at work, was the standard by which the agent, the executive of the state, and the general government were judged. With such a race, however zealous and devoted may have been the exertions of those to whom this responsibility was confided, little could be done. All confidence was lost, and they looked anxiously for the time when they could indulge the waywardness and cruelty of their natures. Restraint had caused them to be restless, and wrongs had made them revengeful. It was clearly manifest that the Florida Indians, in justice to all parties, should be removed from the territory. They must be made to surrender the land, and thus avoid the inevitable effusion of blood. Such a state of affairs could not exist. The white man or the savage must succumb. Col. James Gadsden, of Florida, was directed by the secretary of war, Gen. Lewis Cass, early in 1832, to enter into a negotiation with the Indians for a relinquishment of their lands in Florida, and receive in exchange others, better suited to their habits and wants, in the Creek Nation, west of the Mississippi River. The authority vested in him was discretional, so that nothing could be interposed to defeat a successful result. Col. Gadsden found great opposition to his proposals to treat. The scattered condi