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Organization of the Territory of Florida - 1821- 1833. Upon the change of flags the civil administration of affairs devolved upon the military authorities until the passage of an act of Congress, on the 3d of March, 1822, for the establishment of a territorial government in Florida, which provided that the territory ceded by Spain to the United States, known by the name of East and West Florida, should constitute a Territory of the United States, known by the name of the Territory of Florida. The government was to be administered by a governor appointed by the President, who was to be ex-officio Superintendent of Indian Affairs, and authorized to appoint all local officers. The legislative power was vested in the governor and in " thirteen of the most fit and discreet persons of the Territory," to be called the "Legislative Council," to be appointed annually by the President. The judicial power was vested in two superior courts, one for each division of the Territory. The governor was allowed a salary of two thousand five hundred dollars, the secretary fifteen hundred dollars, and the judges of the superior courts fifteen hundred dollars each; members of the Council three dollars per day. The first governor appointed was William P. Duval, of Kentucky. The first Legislative Council met at 'Pensacola, in June, 1822. An amended act of Congress, relative to the civil government of Florida, was passed 3d March, 1823, and the second session of the Legislative Council was held at St. Augustine. At the session of 1822 West Florida was divided into two counties, Escambia and Jackson, and East Florida into the counties of St. John's and Duval. Dr. William H. Simmons and John Lee Williams, Esq., were appointed commissioners to select a site for the seat of government. They chose the old Indian fields of Tallahassee, then covered in part by a noble growth of liveoaks and magnolias, and in the vicinity of a beautiful cascade, which has long since disappeared. Their choice was approved by the Council in October, 1823, and the seat of government permanently established, retaining, with great good taste, the euphonious Indian name of Tallahassee. The first house was erected in the new capital in the spring of 1824, and the construction of the State-house began in 1826, but was not completed for many years. Gadsden and Monroe Counties were established in 1824, and subsequently Walton, Leon, Alachua, and Nassau. In 1825, Washington and Mosquito Counties were established. In 1827, Jefferson County, and, in 1828, Hamilton and Madison Counties were set off from Jefferson. The settlement of the country would have progressed much more rapidly but for the difficulty of disposing of the Indians, who occupied so large a portion of the country. The acquisition of Florida was regarded as a matter of great national importance, occupying, as it did, so large a portion of the Southern coast-line, and rendering its possession by an unfriendly power hazardous to the commerce of all the States bordering on the Mississippi and the Gulf of Mexico. It was also regarded with much interest as adding to the United States a tropical region, beyond the limits of frost, where the sugar-cane and tropical fruits could be cultivated. The change of flags in Florida transferred the Indian tribes from the mild and timid control, almost nominal in its character, of the Spanish governors, to the exacting and ever-encroaching domination of the Americans. The previous difficulties, caused by the irruptions of the Georgians under Harris and Matthews, had created a strong feeling of repugnance between the Indians and the border white men. The Indians had so long remained in undisputed control of the country that they had never realized that any authority could be exercised superior to their own, and understood nothing of the idea of a sovereignty over their domain by any government or power. The chastisement inflicted upon them by General Jackson had considerably broken their power and diminished their numbers, but they still occupied the whole interior of Florida. The Spanish settlement had never extended far from the coast in the neighborhood of St. Augustine and Amelia Island on the east, and Pensacola on the west, while all the extensive range of country lying between the Cape of Florida on the south, the St. Mary's River on the north, and the Perdido on the west, some eight hundred miles in extent, was occupied by the tribes of Seminoles or Miccosukies. The Miccosukies were considered to be the original occupants of the country, and the Seminoles were, as their name indicates, runaways from the Creek tribes living along the Chattahoochee River. A considerable number came into Florida in the year 1750, under Secoffee, a noted Creek chief, and settled in Alachua, the central part of the peninsula, a country possessing many very attractive features to an Indian. Secoffee left two sons, who became head chiefs, Payne and Bowlegs. In 1808 another band of Creeks settled in the vicinity of Tallahassee.(1) The parent nation, originally called Muscogees or Creeks, was one of the most powerful tribes of natives on the continent ; their villages,sometimes numbering two thousand souls, extending along the whole course of the Apalachicola and Chattahoochee Rivers. The Seminoles were never very numerous, but occupied a vast extent of country. William Bartram, the celebrated botanist, visited a considerable part of the Indian country nearly a century since, in 1773, and gives this flattering account of the Seminoles in that day: "They possess all of East Florida and a large part of West Florida, countries which, divided as they are by nature into innumerable islands, hills, and marshes, marked with many rivers, lakes, streams, and vast prairies, offer such a number of desirable localities convenient for settlement and inaccessible to enemies. This country, so irregular in its form, and so well watered, furnishes, besides, so great a quantity of the means of subsistence for wild animals, that I do not hesitate to say that no part of the world contains so much game, and so many animals suitable for the support of man. " Surrounded with this great abundance, guaranteed from all extraneous attacks, the inhabitants of this region possess the two great requirements for men in their union as a society, security for person and for property. With the skins of the deer, the bear, the tiger, and the wolf, they purchase from the traders clothing and other necessary articles. They have no wishes to gratify, or wants for which they are required to provide; no enemies to fear, no disquietudes, unless such as they may entertain from the continual progress of the white settlements. Content and tranquil, they seem as free from care as the birds of the air; like them they are light and volatile, like them they sing and coo. The Seminole presents the picture of perfect happiness. The joy, the internal content, the tender love, and the generous friendship, are imprinted on his very countenance, they show themselves in his demeanor and in his gestures, they seem to form his habitual state of existence, and to be a part of his nature, for their impress only departs from him with life." (2) A pressure of interest was brought to bear upon Congress and the President, immediately after the cession of Florida to the United States, in order to have the country thrown open to settlement. According to the usual practice, the governor was made Superintendent of Indian Affairs, and an Indian Agent appointed. Both were gentlemen of high character and unblemished reputation, and were, moreover, imbued with a very warm degree of sympathy for the Indians and a determination to protect them from aggression. The Indian Agent was Colonel Gad Humphreys, who had served with credit in the war with Great Britain. The number of Indians in Florida, in the year 1822, was ascertained to be about four thousand, with perhaps one thousand Negroes associated with them as slaves or otherwise. They had scattered villages throughout the territory, with an inconsiderable amount of land in cultivation, their main dependence being hunting and fishing. The first demand made by citizens of the States adjoining Florida, was that the Indians of Florida should be removed from the northern and western part of the Territory and restricted within narrower limits. Efforts were at once made by Colonel Humphreys, under the direction of the government, to obtain the meeting of a council of the principal chiefs, for the purpose of making a treaty on this subject. A considerable number were induced to assemble at Fort Moultrie, six miles below St. Augustine, on the 18th September, 1823, where they were met by Governor W. P. Duval, James Gadsden, and Bernardo Segui, as commissioners on the part of the United States, and a treaty, called the Treaty of Fort Moultrie, was negotiated, by which the Indians agreed to remove within certain limits, the northern line of which was about twenty miles south of Micanopy, the United States agreeing to compensate them for all improvements they might abandon. A bonus of six thousand dollars was to be paid them, and an annuity of five thousand dollars per year for twenty years. The treaty was signed by a majority of the chiefs, but six of the most influential had to be conciliated by further concessions and liberty to retain their improvements. Colonel Humphreys established his agency at Fort King, in the midst of the Indian settlements, and remained in charge of the agency until March, 1830, maintaining, during the whole period, a sincere and earnest championship for the rights of the people committed to his charge. The usual difficulties attended the progress of the settlement of the country : the Indians stood in the way of the white settlers, who regarded them with an unfriendly eye. They, moreover, did not confine themselves to their limits, and thus gave ground for complaint. As the population of the country increased, a desire grew up to have the Indians entirely removed from the Territory. The Legislature memorialized Congress, asking their speedy removal from the Territory, and "that commissioners should be appointed to hold a new treaty with them, stipulating for their immediate removal to the new country west of the Mississippi." A considerable number of Negroes were living with the Indians, mostly runaways. The parties from whom they had escaped were desirous of reclaiming them. The demand was resisted by the Indians, and hence difficulties continually arose. On the 29th October, 1828, a talk was held at McKenzie's Pond, by Colonel G. Humphreys, Indian Agent, with Hicks, head chief, and a number of other chiefs, sub-chiefs, and warriors, for the purpose of prevailing on the chiefs of the Seminoles to send a delegation to examine the country west of the Mississippi, which it was proposed by the government to give to the Indians of Florida. At this talk it was determined by the chiefs that ''they would organize a deputation for that purpose, to start early the ensuing spring, provided the agent himself would accompany the deputation on its tour of exploration; that their expenses should be paid; and provided, further, that nothing should be inferred from the journey of said deputation in the character of an obligation on the nation (or any part of it) to remove to the country visited by said deputation; and that such removal was not to be expected from them unless of their own free will and accord, after making the proposed examination." This proposition of the Indians was transmitted to the Indian Bureau, but no action was had upon it. Procrastination discouraged the Indians, who soon after declared their determination to remain upon the land. (3) The relations with the Indians became more and more troublesome. The interior of Florida was a fine grazing country, and stock-raising was exceedingly profitable, and was the readiest employment, as well as the most lucrative, to which the white settlers could give their attention. The Indians remained in the best grazing region, and they also owned considerable stock. This stock, both hogs and cattle, was only to be recognized by marks and brands; and, for the purpose of marking and branding, the cattle were gathered every spring by the cattle-drivers. Of course they did not always get up all the stock they had a claim to, and left in the woods a considerable number of wild cattle, unmarked, and called in the Florida vernacular heretics and wild hogs. Collisions and difficulties grew out of the disputed ownership of cattle, and invasions of each others limits in pursuit of stock were frequent. All losses were naturally charged upon the Indians, and complaints were unceasingly made, and demands of indemnity. Another source of trouble was the harboring of fugitive slaves in the Indian towns. From a long period anterior to the change of flags, runaway Negroes from Georgia and South Carolina had joined the Indians, and, by intermarriage, had become connected with and intermingled with them. They naturally received, and were disposed to protect, the runaways who might escape from the neighboring white settlements. The Negroes were so numerous among the Seminoles in 1816 that at the destruction of the negro fort on the Apalachicola, by the United States troops, there were three hundred in the fort who were killed or captured; and some five hundred Negroes were engaged in the battle at Suwanee Old Town, in 1818. Their number in 1836 was estimated at fourteen hundred. (4) It is said by many familiar with the subject that they exercised a very powerful influence over the Indians; and they certainly added a very important difficulty to the many others involved in negotiations with the Indians. A restlessness and distrust began to pervade both the Indians and white settlers, and a constant pressure began towards an enforced emigration of the Indians to the West. The Indian tribes remaining in Georgia were also a subject of annoyance to the people of that State, and a feeling had grown up and was then generally entertained in the South and Southwest, that all these Indian tribes should be removed to the west of the Mississippi. The prevalence of intoxication, induced by the fondness of the Indians for strong liquors, and promoted by the unprincipled venders of this poison, from the sale of which they not only derived (5) large profits, but still larger advantages from the trades consummated with drunken Indians for their property while in a state of inebriation, occasioned numberless petty difficulties and brawls, which laid up in the Indian mind revengeful memories. The agent Colonel Humphreys, was accused of being too partial to the Indians, certainly not a common charge, and influences were brought to bear, at Washington, by which his removal was effected in 1830. He was succeeded by Mr. John Phagan. The secretary and acting governor of the Territory, in an official letter dated 5th November, 1833, said that he found, on his visit to the agency, evidences of fraud and improper conduct on the part of Major Phagan; that he had sub-contracts with employees of the agency for much less than the amount they receipted for to the government, and that even then he was a defaulter to them. It may therefore be presumed that his character and conduct would have been unsatisfactory to the Indians. The proposals made " Colonel Humphreys, to send a delegation West, were revived, and after many delays Major Phagan succeeded in getting together a respectable portion of the chiefs of the Seminoles at Payne's Landing, a point on the Ocklawaha near Orange Springs, on the 9th of May, 1832, where they were met by Colonel James Gadsden, as a commissioner on the part of the United States, and the treaty of Payne's Landing was formed. The preamble to this treaty recites that the Seminole Indians, regarding with just respect the solicitude manifested by the President of the United States for the improvement of their condition, by recommending a removal to a country more suitable to their habits and wants than Florida, are willing that their confidential chiefs, Jumper, Fuch-lus-to-had-jo, Charley Emathla, Coi-had-jo, Holati Emathla, Ya-ha-had-jo, and Sam Jones, accompanied by their agent. Major John Phagan, and their faithful interpreter, Abraham, should be sent, at the expense of the United States, to examine the country assigned to the Creeks west of the Mississippi River, and should they be satisfied with the character of the country, and of the favorable disposition of the Creeks to reunite with the Seminoles as one people, the articles of the compact and agreement herein stipulated at Payne's Landing, on the Ocklawaha River, the ninth day of May, 1832, between James Gadsden for and on behalf of the United States, and the undersigned chiefs and head - men for and in behalf of the Seminole Indians, shall be binding on the respective parties. The first article surrendered their lands in Florida for an equal extent of country west of the Mississippi. The second article stipulated for the payment of the sum of fifteen thousand four hundred dollars, to be divided among them. The third article provided for giving a blanket, etc. to each, on their arrival at their destination. The fourth article gave an annuity of three thousand dollars for ten years. The fifth article provided for the payment by the United States for their cattle. The sixth was as follows: "The Seminoles being anxious to be relieved from the repeated vexatious demands for slaves and other property alleged to have been stolen and destroyed by them, so that they may remove unembarrassed to their new homes, the United States stipulate to have the same (properly) investigated, and to liquidate such as may be satisfactorily established, provided the amount does not exceed seven thousand ($7000) dollars." The seventh article provided that the Indians would remove within three years after the ratification of this agreement, the emigration to commence as early as practicable in the year 1833, and the remainder of the Indians in equal proportions in the years 1834 and 1835. (6) The language of the preamble, it will be observed, is that the Indians are willing that their confidential chiefs, Jumper, etc., shall be sent out to examine the country west of the Mississippi River, and if they were satisfied with it, then the articles of the treaty relative to their removal should be binding on the respective parties. Whatever may have been the understanding and intention of the Indians, the language used is susceptible of but one construction: the pronoun they must necessarily relate to the confidential chiefs just before named, and does not sustain Captain (now General) Sprague's remark that "the fulfillment of the treaty was clearly conditional. If the Indians, that is, the nation, were satisfied with the country, as represented by those sent to explore it, a voluntary emigration would take place." (Page 76.) Even Mr. Giddings, with his strong desire to censure the whole transaction, does not attempt to raise any question as to the plain language of the treaty, merely referring to it as vague language. (7) The confidential chiefs, or Indian Commissioners, as they may properly be called, commenced their journey in September, 1832, accompanied by Major Phagan, their agent, and were engaged in examining the country west of Arkansas until the last of March, 1833, period, one would suppose, permitting of a very careful examination. The executive, acting upon the plain language of the treaty, appointed Messrs. Montfort Stokes, H. L. Ellsworth, and J. F. Schermerhorn commissioners on the part of the United States to meet the confidential chiefs, who had been appointed by the Seminoles, at Fort Gibson, to ascertain the result of their examination, and, if satisfactory, to make such other arrangements as might be deemed requisite to carry the treaty into effect. What is called an ''additional treaty" was made at Fort Gibson on the 28th day of March, 1833, by the aforenamed commissioners on the part of the United States, and by Jumper and all the other delegates of the Seminole nation of Indians on the part of said nation. The preamble recites the principal provisions of the treaty of Payne's Landing, and says that ''Whereas, the special delegation appointed by the Seminoles on the 9th of May, 1832, have since examined the land designated for them by the undersigned commissioners on behalf of the United States, and have expressed themselves satisfied with the same, in and by their letter dated March, 1833, addressed to the under signed commissioners: Now, therefore, the commissioners aforesaid, by virtue of the treaty made with the Creek Indians on the 14th February, 1833, hereby designate and assign to the Seminole tribe of Indians, for their separate future residence forever, a tract of land lying between the Canadian River and the North Fork thereof, and extending west to where a line, running north and south between the main Canadian and north branch thereof, will strike the forks of Little River; and the undersigned Seminole chiefs, delegated as aforesaid on behalf of their nation, hereby declare themselves well satisfied with the location provided for them by the commissioners, and agree that their nation shall commence the removal to their new home as soon as the government will make arrangements for their emigration satisfactory to the Seminole nation." (8) This treaty was ratified by the Senate of the United States, as was also that of Payne's Landing. Looking at the transaction as it appears upon its face, there seems no ground to assume anything but good faith and fair dealing on the part of the government. The country designated for the Seminoles was as fertile and as well situated for their support as the one they surrendered. The climate was colder, and their favorite light-wood was wanting; they were, however, relieved of the vexatious and increasing hostility of their white neighbors; they had a boundless region lying west of them, and game, including the buffalo, in the greatest abundance. It is said that, when they returned, the nation was dissatisfied with what they had done, and that they disowned their own acts; that the Seminoles charged them with having been circumvented by the United States. Some of those who had signed the treaty, in deference to the popular clamor, became the warmest opponents of removal, and in the war which succeeded took arms against the government. All this may be true, without there being any cause for reflection upon the government or its agents. The removal of the Indian tribes from the States fast settling up with the white race was a necessity, unless the richest and most productive portions of the United States were to be surrendered to them as hunting-grounds. Five thousand Indians were scattered over a country equaling in extent the State of New York. In Georgia and Alabama the Indian tribes still lingered, and there were continually influences at work to induce the Indians to hold possession of the country and to resist all attempts at removal. It is easy, in every community, for the young, the thoughtless, the restless, and the foolish to create resistance to a wise policy or a necessity, and to raise a clamor which passes for the voice of the people, when, in fact, it is but the noise of the few prevailing over the silence of the many. Thus it was in Florida; young warriors, who had no experience in warfare, restless men, who desired excitement, and the run away Negroes, who believed their security imperiled by emigration, excited a resistance which the older men and chiefs had little part in organizing, but had no power to withstand. The treaty and additional treaty were ratified by the Senate on the 9th of April, 1834, and a proclamation to that effect was issued by President Jackson on the 12th of April, 1834. Measures were at once taken to effect the removal of the Indians. Major Phagan, the Agent, was superseded by General Wiley Thompson, and Colonel Duncan L. Clinch, an experienced army officer, was placed in command of the United States forces. General Thompson was informed, in October, 1834, by the United States officers in command at Fort King, of the determination of the influential chiefs not to emigrate, and of the hostility felt towards Charley Emathla, who had declared himself in favor of emigration. Violent language was used by some of the chiefs in a council called by General Thompson, and Osceola drew his knife in anger, and, driving it into the table, said, ''The only treaty I will execute is with this." As he was only a sub-chief of the Red Sticks, and a half-breed of inferior standing, this something like stage- trick attracted but little attention. The Negroes exercised, it is asserted, a wonderful control, (9) and they undoubtedly added very much to the barbarity and savage manner with which the war was prosecuted. The subject of emigration was, of course, a constant topic of conversation, and, when at the Agency, the Indians were impudent, and treated the matter of their removal with ridicule. Charley Emathla alone, of the old chiefs, took decided ground in favor of emigration, and pointed out to the Indians the destruction and eventual defeat which awaited them. General Thompson, in a report to the Secretary of War, of October, 1834, says that he had observed that the Indians were buying powder in considerable quantities, and he understood that they had a deposit of forty or fifty kegs. In November, he writes that he is satisfied that they have been tampered with by designing and unprincipled whites.
(1) Sprague's Florida War, 19. (2) Bartram's Voyages, Paris edition, vol. i. p. 363. (3) Sprague's Florida War, 65." (4) Gidding. Exiles of Florida, p. 97. (5) Sprague's History of the Florida War, p. 72. (6) For the complete text of the treaty, see Sprague's History of the Florida War, 75. (7) Exiles of Florida, p. 84. (8) Sprague's Florida War, p. 77. (9) Sprague's Florida War, 81. |
