“General Mitchell is guilty of having prostituted his power” Smuggling Slaves with David Brydie Mitchell, Part Four

David B. Mitchell

Parts 1, 2, 3, American State Papers (pages 957-75, PDF), Shingleton’s paper (JSTOR)

It didn’t take long for David Brydie Mitchell to put his position as Creek Agent to work for him. He received his appointment from James Monroe on November 4, 1817. By December 8, the first shipment of contraband slaves from Amelia Island had arrived there. I have to this point worked entirely from the American State Papers, but last night discovered that one historian took it upon himself to do more than cite them and move on. Back in 1973, Royce Gordon Shingleton published his version of events in the Journal of Negro History. He had access to the original papers on which William Wirt drew for his report and adds some important information, whilst also wrestling them into a coherent narrative. From him I have it that Bowen set out for Amelia Island on October 18, prior to Mitchell taking up his post as Indian agent. That suggests that Mitchell may have stumbled on a scheme already afoot and insisted on buying in, but he could just as easily have learned about his appointment well in advance and participated from the start. It seems unlikely that the plan’s financiers would have such confidence in him to agree to make good any expenses he called on them for had he just popped in at the last minute.

Either way, Erwin, Groce, & Company of Augusta and Savannah fronted Bowen the $25,000 he used to buy 110 slaves and bring them into the United States in defiance of the 1807 ban on slave importation. Those slaves, in two groups, came and stayed at the Agency for some time. During that time, Mitchell fed them and he and the other partners marked out the ones they claimed for themselves. Mitchell’s share may have come for both services rendered and from a direct investment of embezzled funds meant to support the Creek Nation.

The matter came to the attention of John Clark, soon governor of Georgia, through the Agency’s blacksmith. He found letters in Mitchell’s desk about the business and sent them on. Clark appears to have done much of the subsequent investigation. However, Shingleton’s paper clarified for me the role of General Gaines in the matter. According to him, Mitchell passed through the Agency in early December to attend a meeting of the Creek chiefs. On the return trip through, toward the middle of the month, Mitchell came back to the Agency in the company of General Edmund Pendleton Gaines. Gaines had the job of surveying the boundaries of Indian territory. On seeing all these slaves, he became suspicious. Mitchell did keep slaves he legally owned at the Agency as well, but it seems he kept the imported people separate from them and that stood out to Gaines. Mitchell, as he would when defending himself later, insisted he didn’t know anything about them. Gaines thereafter sent men to make sure those slaves didn’t conveniently vanish.

Per Wirt in the ASP, a

Captain Melvin, of the fourth infantry, states the had observed fifteen of the Africans (the choicest of those brought to the agency by Bowen) building huts and clearing land at the agency, the plantation of General Mitchell

A few days later the Inspector of the Port of Darien, McQueen McIntosh, caught wind of this. He probably found out much like the federal marshal did, when Mitchell offered to sell him some of the slaves. They must have elected governors for their subtlety in those days. McIntosh went out to the agency aiming to seize the contraband slaves and found many of them four days gone toward Alabama with Jared Groce. McIntosh set off in pursuit and overtook Groce and the slaves on the road to Alabama. Groce claimed the slaves as his own, which prompted McIntosh to arrest him. They turned back for the Creek Agency.

McIntosh employed a man named Langham to escort him, but Langham

perfidiously hurried on to the agency for the purpose of giving notice of McIntosh’s approach and intention, enabling those who had charge of the negroes there to put them out of the way.

Mitchell himself had left the agency again, putting it in the hands of his son William. Melvin tipped McIntosh off to that and led him the mile and a half to their huts. McIntosh opted not to take them out of doors in the cold, which had hit the slaves hard, but went to the younger Mitchell and told him to consider the slaves seized. Mitchell fils agreed to that without objection, but didn’t volunteer any information about other slaves. Groce had forty-seven slaves with him. That accounts for sixty-two of the hundred and ten slaves, leaving forty-eight unaccounted for. Five of those probably went off with Long as his payment for helping with the transport, leaving forty-three to slip William Mitchell’s mind.

The slaves had not forgotten their fellows. When McIntosh came for them in the morning, he learned

from the negroes [Wirt’s emphasis] that General Mitchell’s overseer had the night before supplied a great many Africans with provisions, and taken them into the woods; that Captain Melvin himself fell upon their trail, and found about fifteen in the woods, who tried to make their escape, but were apprehended, and the whole thirty were brought to the agency; Captain Mitchell then delivered up eleven small Africans (children, I presume) from the huts in the yard.

Wirt clearly means the fifteen Melvin and McIntosh found in the huts and woods, respectively. So we can account for eighty-two, ninety-three with the children. As McIntosh took them off, William Mitchell followed him down the road a few miles. McIntosh had left behind “two or three” people. I don’t know what to make of this. McIntosh may have genuinely misplaced a few people or Mitchell might have tried to hand over a few more in a desperate bid to deflect suspicion. Regardless, McIntosh came to the Creek Agency expecting to collect fifteen contraband slaves and departed with forty-one.

Discussion of all this came into the letters between Bowen and Mitchell pere that William Moore found in the latter’s desk and sent on to John Clark. Bowen feared that Groce would spill the beans and wrote that he had gotten himself worked up to the point of incoherence, so they needed to do something to shut him up. A letter from Mitchell declaring Groce a bondsman engaged in removing the slaves might do the trick.

Wirt spends the rest of his report discussing the arguments Mitchell and Bowen made in their defense and reporting on Clark’s investigation of the affair. He goes on at considerable length and with diligence, but writes little new for it. To cut his long, rather circuitous story short, the parties told improbable lies, could not keep their stories straight with one another, and none of it withstood scrutiny. He couldn’t prove, to the standards admissable in court, that Mitchell profited from the importation and actively conspired for it, but the evidence supported his having an understanding with Bowen. Even if Mitchell and Bowen didn’t have some kind of arrangement, they clearly entered into one when the slaves arrived at the agency. He concluded:

that General Mitchell is guilty of having prostituted his power, as agent for Indian affairs at the Creek agency, to the purpose of aiding and assisting in a conscious breach of the act of Congress of 1807, in prohibition of the slave trade-and this from mercenary motives.

The presidential inquiry wound down in February of 1821. Monroe reviewed the evidence, agreed with Wirt, and had Secretary of War John C. Calhoun write his pink slip.

That leaves the matter of what happened to the slaves. Wirt devotes some time to discussing whether or not responsibility for them fell to the president under new anti-slave trade laws passed in 1817 and pleads a lack of recent information on the question. According to Shingleton, eighty-eight of them passed into the hands of Georgian authorities for sale. State law required a public notice and period of delay before action, during which the Governor Rabun -Clark did not win the office until November- placed them in households around Milledgeville, the state capital, to provide for their maintenance until the waiting period ran out. They appear to have all passed into private ownership by August, grossing $34,736.18. Expenses reduced that to $27,571.82. Somewhere along the way, twenty-two of the slaves slipped through the cracks. Most probably they ended up just like the rest, but enslaved in Alabama.

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