Year: 1873

dicate the truth of history and the reputation
of a departed friend.


But the other part of the story, containing
the charge that Osceola "auas captured b,
treachery and fraud" concerns me alone; and
if true, would not only be damning to me, but
be stain upon the character Of the country
for all time to come for when in command o.
the Southern army in 1887, I, as the represen
tative of the Government, ordered the seizure
and retention of that warrior.


Osceola had come into Fort Peyton, few
miles from St. Augustine, not on my invita-
ton, nor that of my other officer; but he, with
his warriors, had accompanied messenger OF
Emathla, (King Philip the principal CHIEF
of all the Seminole bands on and near the
river St. Johns, who had been captured some
time before, and who had been allowed to
communicate with his people on his assurance
that they, or the greater part of them, would
come in and accompany him to the West
Osceola, no doubt, intended to return should
he fail in the object that really brought him
in, which was to capture the place and release
the prisoners.


In conference which I held with the Sem
mole chiefs, at their own request, but few
weeks before, I had assured them that l would
hold no further conference with them, except
to receive from them the notice of their readi'
ness to fulfil their obligations under the treaty
at Payne's Landing and of their capitulation
with me at Fort Dade; but I assured them
that when prepared to fulfil those obligations
I would receive them and provide for their
removal to the new country assigned to them
west of the Mississippi; and if any separate
parties or bands should decide to come in be-
fore the body of the nation we're ready to move,
I would receive and protect them.


The chiefs expressed some apprehension
that in coming in to me they might be attack
ed by my scouting parties and their people be
scattered. To enable them to join me without
danger of attack from those parties I provided
them with a quantity of white cotton cloth to
be used as flags in communicating with any
of those parties they might fall in with and
with my outposts; but the flags were to be
used for no other purpose. And the chiefs
were distinctly and positively told that none
of them nor their people must attemptto come
in again but to remain. When Phillips mes
senger, his son Coacoochee, left St. Augustine
to communicate with his people on the St.
Johns, there were but few troops at the post.
On meeting with Osceola he informed him that
be could, with hundred warriors, take the
place and release his father. Warriors enough
arrived to have taken the place had the force
not been increased but, before they came in,
had thrown in large reinforcements. had
become acquainted with their desings through
Indian negroes, some of whom remained with
the Indians and possessed the confidence Of
the chiefs, but whom had in constant pay,
and from whom received information Of all
that took place or was about to take place
among them. When Osceola found there was
no chance Of taking St. Augustine, nor Of re.
leasing the prisoners, he determined to return,
as I was informed by the Indian negroes
about him. But he, with all who accompa'
MED him, had come in with the distinct un'
derstanding that they were not to return. He
was prisoner who had violated his parole
he had killed one of my messengers in time Of
truce, when going under the sanctity of a flag
with a message to chiefs in his neighborhood
and he would have killed second messenger
but for the energetic interference of Appiacca
(Sam Jones,) the Miccasuky chief now in
Florida, who interposed, saved him, and sent
him back to me at Tampa Bay; he had also
violated the last truce made by me with the
chiefs. By either one of these acts he had
forfeited his life by the laws and usages Of
war as recognized by civilized nations.


Had allowed myself to be triaed with
and my solemn assurances to the chiefs that
none were to come in but to remain, to be fal
sifed, I should have received, as would have
deserved, their scorn and contempt. 1t was
my duty to the country to detain them, and
directed that all should be secured and de-
tanned.


In the closing report Of the operations Of
the army under my command, dated the 9Th
of July, 1888, which was called for by res
olution of the Senate, and printed by order Of
that body, and thus became part Of the doc
umentary history of the country, I stated
all the facts in regard to the detention of Os
ceola which could then be disclosed without
compromising persons in the Indian country
and under Indian control, and embarrassing
my successor in command; but facts were
then given sufficient to the complete under
standing of the merits Of the case. For the
truth of that report was then, as am
now, both officially and personally RESPONSE
BILE. The prominent facts of the report were
stated by Colonel Benton in speech in the
Senate and by Judge Underwood in the
House without contradiction. Every one
who has read the Articles of War is aware
that my Commission was pledged for the truth
of my report in all its parts. I was here
ready to meet any investigation either before
Congress or before court of my peers; but
my report, have reason to know, was salts.
factory to the Government, as I believe it was
to every fair-minded and honest man in the
country who read it at the time.


Osceola had by his repeated violations OF
the usages of war forfeited his life, particular,
ly by his attempt to use flag for hostile pur.
poses at St. Augustine, which made him spy
as we'll by the laws Of nations as by our own
Articles of War. Whether he should be
punished as spy was at the time merely a
question of policy with me- I could have
convicted him but to have done so, should
have lost the services of all who would have
testified against him, as not one of them could
have returned to the Indian country without
the certainty of being put to death. could
not afford to lose the services Of the witnesses
in future operations, even had, been inclined
to proceed against him criminaly, which I
was not. Had we been at war with Britain
or France, however, and Osceola been Brit
ish or French general, his fate would have
been that of Andre. But, though an intelli-
gent and talented man, he belonged to saw.
age tribe, not supposed to be acquainted with
the laws of nations or the usages of war; and
in place of Furnishing him I sent him out of
the country to Charleston, prisoner. In my