[M574, roll 75, special file 277, frame 1209-10]

Choctaw Agency West, Feby. 22d, 1839

Sir

Your communications of the 29th Decr., 5th & 6th Jany. in relation to certain Negroes claimed by Mr. Davis has been received, as yet have not seen Mr. Davis, the Negroes are on Red River where they reside.  I feel it my duty to state what I know myself and the evidence that those Negroes have of their freedom.  In April 1836 a gentleman from near Natchez came here for the Beams Negroes under power of attorney of one John B. Davis of Mississippi.  I sent a Mr. Stiles who accompanied the gentleman (whose name I do not recollect), to Red River for Martin Beams to come over and bring all the papers he had which he done.  The claimants appeared satisfied that the Negroes were free and left the Nation.  Martin Beams brought with him free papers regularly authenticated from the Clerk of Pope County Illinois, by which it appears that William Beams in his life time had on the 19th August 1823 emancipated his slaves, Hetty, Rody, Sam, Nelly. Martin Beams also brought with him a permit from the County Court of Madison County Mississippi on parchment a copy of which I have the honor to enclose you, by which Lotty, Nancy, Robert, Martin, Suckey and Abraham were allowed to remain under the law in Miss.

Several Choctaws also stated that they know when Beams left the state of Mississippi to emancipate his slaves, that the gave notice to his creditors to bring in their claims, and that when he returned he stated that he had emancipate all that he owned at that time.  Mr. Davis states to the Dept. that  the Negroes were found in the Choctaw Nation in November 1837 by a person employed by him to recover them.  I beg leave to enclose you a letter to me from Col. Vase Commd. Officer at Fort Towson from which you will see that Mr. Davis' agent endeavored forcibly to take the Negroes from the Nation.  I regret very much that the Negroes ever emigrated.  The population is bad one in the Indian Country.  They now number perhaps twenty five or thirty, have intermarried amongst the Indians.  It will be a difficult undertaking to get posession of them, should it be attempted.  I have placed the subject correctly as I believe, before the Department.  I was aware from pothers cases in the Creek Nation that the Attorney General had decided that the Department had no authority, except through the Nation, to arrest slaves in the Indian Country.  There is no disposition on the part of the Choctaws to protect the Beams family except with those who have connected themselves with them. The authorities of the Nation look upon the free negroes as a bad population, amongst the Indians no objection will be made by the authorities of the Nation to what ever course the Department may judge right.

Repectfully
Yr mo obt Sert
Wm. Armstrong
Act. Supt. West. Terry.

T. Hartley Crawford Esqr.
Comm. of Ind. Affs.

[M234, roll 171]

Sevier County
State of Arkansas
[March 22, 1840]

Know all men by these presents, that I Gideon Flint of the county & sate aforesaid, am bound, and firmly held unto Alexander Taylor his heirs & c. in the penal sum of three thousand dollars, for value received 22nd March 1840.

(signed) Gideon Flint

The condition of the above obligation is such, that this day the said G. Flint has employed the assistance and services of the said Taylor to arrest, apprehend, and show peaceably the situation of the houses occupied by a certain parcel or lot of Negroes, known and designated as the Beams family, and is to report as soon as possible and practicable, the propriety of delivering said Negroes on the Western bank of Red River, at some point agreed on by the said parties; and the said Taylor is bound to defray his individual expenses and loss of time and labor.  Then the said Flint is bound to pay, or cause to be paid unto the said Taylor his heirs & c. the twelfth (1/12) part of the value of said Negroes, or is bound to pay to the said Taylor, the one twelfth part of the value delivered as aforesaid; and then this obligation to be void, and of no effect either is Law or Equity; otherwise to be valid and binding on the said bound Flint.

Given under my hand and seal, the 22nd March 1840

(signed) Gideon Flint (seal)

Test.
W. D. Fowler
L. P. Collins

(Copy)

I certify that the foregoing is a true copy of a bond and contract handed to me by Alexander Taylor after the said Taylor was apprehended and confined in the guard house at this post and is now in possession of said Taylor.

Lew^s N. Morris
Capt. 3d Infantry
Fort Towson, C. Nation
March 30th 1840

[M234, roll 171]

Texas, 28th March 1840

Commander at Fort Towson

Sir being advised that a number of Choctaws would probably make an attempt to rescue from me as the legal authorised agent of one John B. Davis of Mississippi a parcel or lot of Negroes now in the Choctaw Nation known and designated as the Beams family in case I should make an effort to arrest and apprehend said Negroes mention by the Hon. Secretary of War bearing date the 29th December 1838 and 5 and 11th January 1839 directed to Capt. W. Armstrong Indian Agent and Brevet General M. Arbuckle and from them respectively to Col. J. H. Vose who was then commander at Fort Towson and to the Choctaws Chiefs and Indians of the South Western Division.  The facts are to be seen by examination of the papers above referred to - And having been advised that my presence would be the cause of those Negroes hiding and secreting themselves and thereby avoiding a legal course of Justice as demanded -  I have thought it advisable to request positively of you what course will be persued by the Commander at Fort Towson in relation to said orders and more especially if the instructions from General M. Arbuckle bearing date 5th March 1839 directed to Col. Vose aforesaid will be rigidly followed by you as successor in command - and please inform me by the return of this Express what means would be most prudent for me to resort to.  I am also informed that a parcel of said Negroes are now in the immediate neighborhood of your post to the material prejudice of an honest purchaser J. B. Davis of Mississippi who I am representing as you can see by reference to the papers.  Mr. Taylor the bearer of this express can show you copies of all the papers which I have in possession.  I do further request that you immediately show or inform Col. Upshaw Indian Agent of the facts and his assent to some course of restoring Mr. J. B. Davis in possession of his property so that Justice may be done to all parties the legal rights and liabilities thereby declared according to the Laws of Mississippi from whence they escaped, please inform me instanta what shall be done - as I am quite anxious to have the matter settled without hostile feelings - and to avoid everything like Bloodshed among the Choctaws.

I am anxious to conduct the matter peacibly and amicably
Yr. Mo. Ob. Sert.
W. H. Fowler
Agt. for J. B. Davis

A Copy

[M234, roll 171]

Fort Towson (C. N.) 29th March 1840

Captain

Agreeably to your instructions I proceeded yesterday morning to the House occupied by a part of the Negroes known as the Beams family, found that it had been attacked by a party of armed men the night previous and the only man in the house (Abe or Abraham Beams) killed, on examination I found that he had received three several shots; one through the head, one through the body, and the other shattering the right arm to pieces at the elbow, after this the parties searched the house, and took off three woman Nancy, Hetty, and Lotty & a child, one of whom was wounded in the thigh leaving only one very old woman and some small children behind.

In the afternoon I went to Red River accompanied by Col. Upshaw Chickasaw Agent and took with me the small armed part you placed at my disposal to be used under certain contingencies, which party I left at a convenient distance on this side of the river; and crossed over with Col. Upshaw where we were properly received by Mr. Fowler and other men having in their custody the three Negro women, which rendered the presence of my armed party unnecessary.  I gave Mr. Fowler for perusal the two communications from Capt. Armstrong which I informed him contained the last instructions on the subject of the Beams family of Negroes and was the only reply you could give to his note.  I found that he was not ignorant of the contents of these letters, and could not withhold the expression of my surprise that Mr. Fowler should demand the assistance of the Commanding Officer at Fort Towson to secure the Negroes when he well knew that the instruction to that officer compelled him to interpose his authority, to prevent the Negroes from being molested, and stated to Mr. Fowler, that you did not fail to notice the discrepancy between his two letters of the 28th Inst. one to Col. Upshaw and the other to yourself in one he asks you to prevent bloodshed and the other informs the Agent that blood had been shed and both letters bearing the date after the murder had been committed, he stated that the letter to yourself had been written on the 27th and then must have been an error in the date but acknowledged that he gave them both to Mr. Taylor yesterday morning.  Mr. Fowler said that the Negroes had been captured and delivered to him by a party of men, and that he did not feel, that he had been guilty of any crime in attempting to recover his property!  The only thing that he had to regret was, that a man had been killed, I inferred from the whole tenor of his remark, that as the opinion of the U. S. Attorney Genl. decided that the law could not reach fugitive slaves in any Territory of the United States, and Capt. Armstrong had failed to reply to his proposition to take one of the Negroes to Mississippi, and then that his claim that he felt justified to get possession of them the best way he could devise, he expressed a willingness to submit to the decision of a jury of his country for any act of his and agreed to come up to the Garrison with us and deliver the three Negro girls on the condition that the whole Beams family should be brought in the fort with them; I stated to him, that I would take himself and party without conditions but could treat with him on the subject in no other way.  I cautioned him not to enter the Indian Country again or cause any persons to do so in  pursuit of any of those Negroes that if he did it would be at his peril and that you would interpose your authority to preserve the peace in the nation, and gave him distinctly to understand, that nothing but the fact of his being beyond the limits of the Choctaw nation prevents me then from taking himself and the men with him into my custody. 

I have the honor to be
Very Resp. Your obt. St.
Lews. N. Morris
Capt. 3d Inft.

To Capt. J. B. Clark
3d Inft.
Commdg.
Fort Towson
C.N.

[M234, roll 171]

Head Quarters 1st Batt. 3 Inf.
Fort Towson March 29, 1840

Sir

A party of men from the opposite side of Red River, (claimed I believe as a part of Texas) came to the vicinity of this post on the night of the 27th inst. or yesterday morning, for the purpose of securing Negroes, known as the Beams family; and in the attempt to take them, one of the Negroes, (a man) was killed, and one woman, I understand, wounded.  The party of white men then carried off three Negro women, and also, it is said, a child.

This morning a letter was handed to me (of which the enclosed is a copy) by a man named Taylor, who was recognized by Col. Upshaw, as one of the party who made the attack on the Negroes; and who confessed that he was present when the attack was made; that he had been employed by Mr. Fowler, to point out the place where the Negroes could be found.  Taylor was accompanied by a man named Rece, who also confessed that he was present when the Negroes house was attacked.

On application of Col. Upshaw, Chickasaw Agent, Taylor and Rece were confined by me, to be kept until called for by the U. States Marshall of Arkansas. 

Capt. L. N. Morris 3 Inf. was sent by me to the opposite side of the Red River, to meet, if practicable, Mr. Fowler; and to gain all the information he could in relation to this affair.  He was accompanied by Col. Upshaw, Chickasaw Agent, and took with him a small command, near to Red River, to be used as circumstances might require. The only reply made by me to Mr. Fowler's letter, was to request Capt. Morris to show him your last communication at this post on that subject.

I enclose herewith, a copy of Capt. Morris' Report of his interview with Mr. Fowler. If I have erred in not sending an armed party beyond the limits of the Choctaw Country in pursuit of, and to apprehend the party who committed the outrage in the vicinity of this post, it was from the belief on my part, that I have not the right to do so.  My feelings have prompted me much to pursue and to take them, although they are now out of the Indian Country.

I am Sir
Your obt. Servt.
J. B. Clark
Capt. 3 Inf.
Comg.

Capt. Wm. Armstrong
Actg. Supert. W. F.
Choctaw Agency

[M234, roll 171]

Head Quarters 1st Batt. 3 Inf.
Fort Towson April 1, 1840

Sir

A party of men from the opposite side of Red River, (claimed I believe as a part of Texas) came to the vicinity of this post on the night of the 27th or morning of the 28th ult. for the purpose of securing Negroes, known as the Beams family; and in the attempt to take them, one of the Negroes, (a man) was killed, and one woman, I understand; wounded.  The party of white men then carried off three Negro women, and also, it is said, a child.

On the morning of the 28th ult. a letter was handed to me from Mr. Fowler (who asserts a legal claim to the family of Negroes upon whom the outrage was committed) by a man named Taylor, who was recognized by Colonel Upshaw, Chickasaw Agent, as one of the party who made the attack on the Negroes; and who confessed that he was present when the attack was made; that he had been employed by Mr. Fowler, to point out the place where the Negroes could be found.  Taylor was accompanied by a man named Rece, who also confessed that he was present when the Negroes house was attacked.

On application of Col. Upshaw, the Chickasaw Agent, Taylor and Rece were confined by me, to be kept until called for by the U. States Marshall of Arkansas. Capt. L. N. Morris 3 Inf. was sent by me to the opposite side of the Red River, to meet Mr. Fowler; if practicable, and gain all the information he could in relation to this affair.  He was accompanied by Col. Upshaw, and took with him a small Command near to Red River, to be used as circumstances might require.

The only reply made by me to Mr. Fowler's letters relative to the Negroes, was, to request Capt. Morris to shew him the latest instructions received on the subject from Capt. Armstrong, Actg Supt. W. F.

If I have erred in not sending an armed party beyond the limits of the Choctaw Country, in pursuit of, and to apprehend the party who committed the outrage in the vicinity of this post, it was from the belief on my part, that I have not the right to do so.  My feelings have prompted me much to pursue and to take them, although out of the Indian Country.

From a paper found in the possession of Taylor, one of the men engaged in this affair, it appears, that he was employed by a man named Flynt, to assist in securing the Negroes.

The Indians continue quiet and friendly.  Nothing but the outrage which is the subject of this communication, has occurred, to affect the pacific aspect of this section of the frontier.

I have the honor to be Sir
Your obt. Servt.
J. B. Clark
Capt. 3 Inf.
Comg.

Brig. Gen. R. Jones
Adjt. Gen. U. S. Army
Washington City D. C.

P. S. The Negroes taken away are claimed as fugitive slaves from Mississippi, residing in the Choctaw Nation; and efforts have been made for years past, to get possession of them.  The letter referred to was received by me from Mr. Fowler after the Negroes had been taken away, wishing to know what course would be pursued by the Commanding Officer if he should attempt to get possession of them; alluding I presume, to others of the same family, still in the Indian Country.

J. B. Clark
Capt. 3d Inf.
Comg.

[M234, roll 171, frame 85, A778]

Choctaw Agency West
April 2nd 1840

Sir

I have the honor to enclose you some papers received from Capt. Clark Comm. Fort Towson, by which you will see that a foul murder has been committed in the Choctaw Country upon Abraham Beams, one of the Negroes claimed by John B. Davis of Mississippi. I am informed that great excitement exists amongst the Choctaws in consequence of the murder, that an armed force should enter their Country and murder and take away women and children is indeed sufficient to proceed excitement. I feel it my duty to order Mr. Davis and all his party not to enter the Indian country and to notify the Indians that I have done so. I am also informed by Col. Upshaw that Mr. Fowler descended Red River with the Negroes and will no doubt dispose of them the first opportunity.  As to a fair trial no such thing will ever be given, how can such unprotected people defend themselves against Mr. Davis and his party especially as I have in my possession their free papers. Mr. Fowler seems to sustain himself under the authority given him by the Department before they were informed of the situation of the case. I shall certainly assume the responsibility of ordering all these men to keep out of the Indian Country until you otherwise direct and should they return I have no doubt that difficulties will take place between them and the Choctaws.

The Citizens of Texas when informed of the circumstances of the Negro stealing and murder refused to let Mr. Fowler go further into the Country, he then went down Red River. I have already informed the Department that I had in my possession the free papers of these Negroes, and it is a fact well known by the oldest Choctaws in the country that they were set free by Beams. Beams was a white man, and the children were his own, since which they have amalgamated with the Choctaws, until the youngest ones are nearly Indians.

Very Respectfully
Your Mo. Obt. Servt.

Wm. Armstrong
Act. Supt.

T. Hartley Crawford Esqr.
Commr. of Indian Affairs
Washington City

[M234, roll 171, frame 409-410]

Sevier County
State of Arkansas
[April 11, 1840]

Know all men by these presents that I Robert Hamilton of the county and state aforesaid reposing special trust and confidence in the ability and integrity of Gideon Flint and L. P. Collins of the same county and state do by these presents and by this authority constitute and appoint the said Flint and Collins my true and lawful attorney there use and benefit and in my name to go to the Choctaw Nation west of the Mississippi or wheresoever they may think prudent and in my name ask, demand, sue for and receive into their posession the following Negroes (viz) Nelly, Gilbert, Lotty and her increase, Abe, Nancy and her increase, Rhody and her increase, Martin and all the increase of all the females of said Negroes transferred to me by one John B. Davis of Monroe county Mississippi about the 6th of April 1839.  The aforesaid Flint and Collins is hereby fully authorized to do all lawful acts in my name to secure the posession of the above mentioned Negroes to the end that all the rights and liabilities may be adjusted and I do further authorize the said Flint and Collins to appoint other attorneys to aid and assist in securing legally the possession of the aforesaid Negroes and by these presents do make this my last and irrevocable power of attorney in law and equity.  In testimony of the foregoing I the said Robert Hamilton have hereunto set my hand and seal this the 11th day of April 1840. 

(signed) R. Hamilton (seal)

Test
(signed) H. B. Cone??

[M234, roll 171, frame 410-411]

The State of Arkansas
Sevear County
[April 11, 1840]

Know all men by these presents that we Robert Hamilton of the County and State aforesaid and William H. Fowler formally of Monroe County Mississippi have this day in and for the consideration of three thousand dollars to us in hand paid the receipt and payment of which is hereby acknowledged have sold, transferred and delivered and by these presents do sell, transfer and release unto Gideon Flint of the County and State aforesaid (2/3) two thirds and unto Lewis P. Collins (1/3) one third of all the title, claim and demand that we have acquired and purchased from one John B. Davis of Monroe County Mississippi bearing date the 6th April 1839 - In and to a certain parcel or number of Negroes now in the Choctaw Nation west of the Mississippi (Or at least believed to be there abouts) known and designated as the Beams family of Negroes (viz) Nelly, Gilbert, Lotty and her children, Rhody and her children, Abe, Nancy and her children, Mitchell, Martin and the increase of all the females of all of said Negroes - said negroes being sold and conformed to the aforesaid J. B. Davis by one Jesse Beams bearing date 2nd November 1832 - We the aforesaid Robert Hamilton and W. H. Fowler does warrant that neither ourselves, our heirs nor assigns does in any manner whatsoever make any claim to said Negroes - And no further does we the said Hamilton and Fowler warrant, sell or transfer them the interest, title, claims and demand as above mentioned and set forth.

In testimony of which we hereunto set our hands and seals the 11th day of April 1840.

R. Hamilton (seal)
W. H. Fowler (seal)

Test
(signed) H. B. Cone

[M234, roll 171, frame 412]

Republic of Texas
County of Nacogdoches
[July 9, 1840]

Before the undersigned personally appeared William H. Fowler who after being duly sworn deposeth and sayeth on oath that he had in his posession an original bill of sale from Jesse Beams to John B. Davis for certain slaves Lotty, Nancy, Hetty and others executed in November 1832, also a bill of sale from the said John B. Davis to Robert Hamilton and this Department executed on the 6th of April 1839 - And copies of certain orders issued from the War Department to Genl. Arbuckle and Captain Armstrong agent for the Choctaws upon the subject of the delivery of said slaves & c. which said papers have been lost out of his posession so that they cannot be produced.

(signed) W. H. Fowler

Sworn and subscribed to before me this 9th day of July 1840

(signed) Wm Hart C. J. N. C.

[frame 406-7]

The State of Arkansas
County of Sevear
[Oct. 12, 1840]

Know all men by these presents that I L. P. Collins of Monroe County and State of Mississippi reposing special trust and confidence in the ability and integrity of Gideon Flint of Sevear County and State of Arkansas do constitute and appoint him my true and lawful attorney for me and in my name to go to the Choctaw Nation west of the Mississippi or where so ever he may think proper and in my name as aforesaid ask and demand, sue for and receive into his posession the following Negroes (viz) Nelly, Gilbert, Nancy, Rhody and their increase and all the increase of all the females of that family of Negroes known as the Beams family transferred to me by Robert Hamilton and W. H. Fowler of Sevear County and State of Arkansas about the 11th day of April 1840.  The aforesaid Flint is hereby fully authorized to do all lawful acts in my name to secure the foregoing named Negroes to the end that all the rights and liabilities may be adjusted and I do further authorize the said Flint to dispose of the same and to appoint others to aid and assist in securing legally the possession of the aforesaid Negroes and by these presents do make this my last and erevocable power of attorney in law and equity.  In testimony of the foregoing I the said L. P. Collins have hereunto set my hand and seal this the 12th October A. D. 1840.  

(signed) L. P. Collins (seal)

Test
(signed) A. P. Willison

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