ere was a reluctance, which with some difficulty was overcome, on
the part of the Indians to bind themselves by any stipulations before
a knowledge of the facts and circumstances would enable them to judge
of the advantages or disadvantages of the disposition the Government
of the United States wished to make of them. They were finally
induced, however, to assent to the agreement....
"The payment for property alleged to have been plundered was the
subject most pressed by the Indians, and in yielding to their wishes
on this head a limitation has been fixed in a sum which I think,
however, will probably cover all demands which can be satisfactorily
proved. Many of the claims are for negroes said to have been enticed
away from their owners during the protracted Indian disturbances, of
which Florida has been for years the theater. The Indians allege that
the depredations were mutual, that they have suffered in the same
degree, and that most of the property claimed was taken as reprisal
for property of equal value lost by them. They could not, therefore,
yield to the justice of restitution solely on their part, and probably
there was no better mode of terminating the difficulty than by that
provided for in the treaty now concluded. The final ratification of
the treaty will depend upon the opinion of the seven chiefs selected
to explore the country west of the Mississippi River. If that
corresponds to the description given, or is equal to the expectations
formed of it, there will be no difficulty on the part of the
Seminoles. If the Creeks, however, raise any objections, this will be
a sufficient pretext on the part of some of the Seminole deputation to
oppose the execution of the whole arrangement for removal."
On March 8, 1835, the Hon. John H. Eaton addressed a letter to Lewis
Cass, Secretary of War, raising the question whether the treaty of
Payne's Landing was valid, it not having been ratified until 1834. To
this the Secretary replied that, the question had been referred to the
Attorney General, and that he had decided that the obligation of the
treaty was not affected by the delay, but that the Indians might be
required to move in the years 1835-'37.
The Indian agent called a meeting of the Indians, who assembled in
council on October 23, 1834. The agent stated that he had convened
them by order of the President, who said that he had complied with all
the promises made to them, and that they must prepare to move b
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