{ 29} The Indian agent, Mitchell, called this event the beginning of the Seminole War. It was certainly something more like it than was the capture of the Negro Fort. Still it will be more correct to consider it as being only the continuation of the War of 1812, in so far as the participation in that War of Great Britain's Indian allies on the southern border of the United States was concerned. They had never really resumed the status of peace after acting during that War, at the instigation of the British officers in Florida, against the United States.
Following the fight at Fowltown hostilities became much more active. Fowltown was situated north of the Florida line, upon territory ceded by the Creeks to the United States in the Treaty of Fort Jackson. If, therefore, the incident of November 20th was the beginning of the Seminole War, it stamps that War as defensive in its character. The troops of the United States were attacked upon the territory of the United States. If the further prosecution of the War should, in the judgment of the President, or of the officer whom he might vest with discretionary power in the execution of his will, require the crossing of the Florida line and the pursuit of the enemy upon Florida territory, the character of the War could not be changed thereby. This could not be regarded as making war on Spain. Spain could meet and satisfy the right of the United States to do this only by dispersing the Indians herself, and preventing Florida from becoming a base of hostile operations against the United States. Spain could claim the rights of neutrality for Florida only when she discharged these duties of neutrality. The general principles of international custom required that of her. When, now, we add to this the consideration that Spain had pledged { 30} herself in a specific agreement with the United States to do these very things, and that Florida, nevertheless, was actually a free zone, over which no civilized state had any efficient control, then it certainly appears that the right of the United States to pursue its enemy into Florida was clearly in keeping with the recognized law of nations. The President, therefore, ordered the pursuit of the enemy into Florida, under the qualification that if they took refuge in a Spanish fortification the fortress should not be attacked, but the situation should be reported to the War Department and further orders awaited. This order was issued on December 16th, 1817, to General Gaines, who was then in command of the forces on the Florida frontier.