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The Slaveholding Indians

  (1) As Slaveholder and Secessionist
  (2) As Participants in the Civil War
  (3) Under Reconstruction

Vol. I




[Illustration: INDIAN TERRITORY, 1861 [_From General Land Office_]]




  The American Indian as
  Slaveholder and Secessionist

  AN OMITTED CHAPTER IN
  THE DIPLOMATIC HISTORY OF THE
  SOUTHERN CONFEDERACY


  BY ANNIE HELOISE ABEL, PH.D.


  THE ARTHUR H. CLARK COMPANY
  CLEVELAND: 1915




  COPYRIGHT, 1915, BY
  ANNIE HELOISE ABEL




TO MY FATHER AND MOTHER




CONTENTS


      PREFACE                                                         13

    I GENERAL SITUATION IN THE INDIAN COUNTRY, 1830-1860              17

   II INDIAN TERRITORY IN ITS RELATIONS WITH TEXAS AND ARKANSAS       63

  III THE CONFEDERACY IN NEGOTIATION WITH THE INDIAN TRIBES          127

   IV THE INDIAN NATIONS IN ALLIANCE WITH THE CONFEDERACY            207

      APPENDIX A--FORT SMITH PAPERS                                  285

      APPENDIX B--THE LEEPER OR WICHITA AGENCY PAPERS                329

      SELECTED BIBLIOGRAPHY                                          359

      INDEX                                                          369




ILLUSTRATIONS


  INDIAN TERRITORY, 1861                                  _Frontispiece_

  MAP SHOWING FREE NEGRO SETTLEMENTS IN THE CREEK COUNTRY             25

  PORTRAIT OF COLONEL DOWNING, CHEROKEE                               65

  PORTRAIT OF JOHN ROSS, PRINCIPAL CHIEF OF THE CHEROKEES            112

  PORTRAIT OF COLONEL ADAIR, CHEROKEE                                221

  MAP SHOWING THE RETREAT OF THE LOYAL INDIANS                       263

  FORT MCCULLOCH                                                     281




PREFACE


This volume is the first of a series of three dealing with the
slaveholding Indians as secessionists, as participants in the Civil War,
and as victims under reconstruction. The series deals with a phase of
American Civil War history which has heretofore been almost entirely
neglected or, where dealt with, either misunderstood or misinterpreted.
Perhaps the third and last volume will to many people be the most
interesting because it will show, in great detail, the enormous price that
the unfortunate Indian had to pay for having allowed himself to become a
secessionist and a soldier. Yet the suggestiveness of this first volume is
considerably larger than would appear at first glance. It has been
purposely given a sub-title, in order that the peculiar position of the
Indian, in 1861, may be brought out in strong relief. He was enough inside
the American Union to have something to say about secession and enough
outside of it to be approached diplomatically. It is well to note, indeed,
that Albert Pike negotiated the several Indian treaties that bound the
Indian nations in an alliance with the seceded states, under the authority
of the Confederate State Department, which was a decided advance upon
United States practice--an innovation, in fact, that marked the tremendous
importance that the Confederate government attached to the Indian
friendship. It was something that stood out in marked contrast to the
indifference manifested at the moment by the authorities at Washington;
for, while they were neglecting the Indian even to an extent that
amounted to actual dishonor, the Confederacy was offering him political
integrity and political equality and was establishing over his country,
not simply an empty wardship, but a bona fide protectorate.

Granting then that the negotiations of 1861 with the Indian nations
constitute a phase of southern diplomatic history, it may be well to
consider to what Indian participation in the Civil War amounted. It was a
circumstance that was interesting rather than significant; and the
majority will have to admit that it was a circumstance that could not
possibly have materially affected the ultimate situation. It was the
Indian country, rather than the Indian owner, that the Confederacy wanted
to be sure of possessing; for Indian Territory occupied a position of
strategic importance, from both the economic and the military point of
view. The possession of it was absolutely necessary for the political and
the institutional consolidation of the South. Texas might well think of
going her own way and of forming an independent republic once again, when
between her and Arkansas lay the immense reservations of the great tribes.
They were slaveholding tribes, too, yet were supposed by the United States
government to have no interest whatsoever in a sectional conflict that
involved the very existence of the "peculiar institution." Thus the
federal government left them to themselves at the critical moment and left
them, moreover, at the mercy of the South, and then was indignant that
they betrayed a sectional affiliation.

The author deems it of no slight advantage, in undertaking a work of this
sort, that she is of British birth and antecedents and that her
educational training, so largely American as it is, has been gained
without respect to a particular locality. She belongs to no section of
the Union, has lived, for longer or shorter periods in all sections, and
has developed no local bias. It is her sincere wish that no charge of
prejudice can, in ever so small a degree, be substantiated by the
evidence, presented here or elsewhere.

  ANNIE HELOISE ABEL.
    Baltimore, September, 1914




I. THE GENERAL SITUATION IN THE INDIAN COUNTRY, 1830-1860


Veterans of the Confederate service who saw action along the
Missouri-Arkansas frontier have frequently complained, in recent years,
that military operations in and around Virginia during the War between the
States receive historically so much attention that, as a consequence, the
steady, stubborn fighting west of the Mississippi River is either totally
ignored or, at best, cast into dim obscurity. There is much of truth in
the criticism but it applies in fullest measure only when the Indians are
taken into account; for no accredited history of the American Civil War
that has yet appeared has adequately recognized certain rather interesting
facts connected with that period of frontier development; viz., that
Indians fought on both sides in the great sectional struggle, that they
were moved to fight, not by instincts of savagery, but by identically the
same motives and impulses as the white men, and that, in the final
outcome, they suffered even more terribly than did the whites. Moreover,
the Indians fought as solicited allies, some as nations, diplomatically
approached. Treaties were made with them as with foreign powers and not in
the farcical, fraudulent way that had been customary in times past. They
promised alliance and were given in return political position--a fair
exchange. The southern white man, embarrassed, conceded much, far more
than he really believed in, more than he ever could or would have
conceded, had he not himself been so fearfully hard pressed. His own
predicament, the exigencies of the moment, made him give to the Indian a
justice, the like of which neither one of them had dared even to dream. It
was quite otherwise with the northern white man, however; for he,
self-confident and self-reliant, negotiated with the Indian in the
traditional way, took base advantage of the straits in which he found him,
asked him to help him fight his battles, and, in the selfsame moment,
plotted to dispossess him of his lands, the very lands that had, less than
five and twenty years before, been pledged as an Indian possession "as
long as the grass should grow and the waters run."

From what has just been said, it can be easily inferred that two distinct
groups of Indians will have to be dealt with, a northern and a southern;
but, for the present, it will be best to take them all together.
Collectively, they occupied a vast extent of country in the so-called
great American desert. Their situation was peculiar. Their participation
in the war, in some capacity, was absolutely inevitable; but, preparatory
to any right understanding of the reasons, geographical, institutional,
political, financial, and military, that made it so, a rapid survey of
conditions ante-dating the war must be considered.

It will be remembered that for some time prior to 1860 the policy[1] of
the United States government had been to relieve the eastern states of
their Indian inhabitants and that this it had done, since the first years
of Andrew Jackson's presidency, by a more or less compulsory removal to
the country lying immediately west of Arkansas and Missouri. As a result,
the situation there created was as follows: In the territory comprehended
in the present state of Kansas, alongside of indigenous tribes, like the
Kansa and the Osage,[2] had been placed various tribes or portions of
tribes from the old Northwest[3]--the Shawnees and Munsees from Ohio,[4]
the Delawares, Kickapoos, Potawatomies, and Miamies from Indiana, the
Ottawas and Chippewas from Michigan, the Wyandots from Ohio and Michigan,
the Weas, Peorias, Kaskaskias, and Piankashaws from Illinois, and a few
New York Indians from Wisconsin. To the southward of all of those northern
tribal immigrants and chiefly beyond the later Kansas boundary, or in the
present state of Oklahoma, had been similarly placed the great[5] tribes
from the South[6]--the Creeks from Georgia and Alabama, the Cherokees
from Tennessee and Georgia, the Seminoles from Florida, and the Choctaws
and Chickasaws from Alabama and Mississippi.[7] The population of the
whole country thus colonized and, in a sense, reduced to the reservation
system, amounted approximately to seventy-four thousand souls, less than
seven thousand of whom were north of the Missouri-Compromise line. The
others were all south of it and, therefore, within a possible slave belt.

This circumstance is not without significance; for it is the colonized, or
reservation, Indians[8] exclusively that are to figure in these pages and,
since this story is a chapter in the struggle between the North and the
South, the proportion of southerners to northerners among the Indian
immigrants must, in the very nature of things, have weight. The relative
location of northern and southern tribes seems to have been determined
with a very careful regard to the restrictions of the Missouri Compromise
and the interdicted line of thirty-six degrees and thirty minutes was
pretty nearly the boundary between them.[9] That it was so by accident may
or may not be subject for conjecture. Fortunately for the disinterested
motives of politicians but most unfortunately for the defenceless Indians,
the Cherokee land obtruded itself just a little above the thirty-seventh
parallel and formed a "Cherokee Strip" eagerly coveted by Kansans in later
days. One objection, be it remembered, that had been offered to the
original plan of removal was that, unless the slaveholding southern
Indians were moved directly westward along parallel lines of latitude,
northern rights under the Missouri Compromise would be encroached upon.
Yet slavery was not conscientiously excluded from Kansas in the days
antecedent to its organization as a territory. Within the Indian country,
and it was all Indian country then, slavery was allowed, at least on
sufferance, both north and south of the interdicted line. It was even
encouraged by many white men who made their homes or their living there,
by interlopers, licensed traders, and missionaries;[10] but it flourished
as a legitimate institution only among the great tribes planted south of
the line. With them it had been a familiar institution long before the
time of their exile. In their native haunts they had had negro slaves as
had had the whites and removal had made no difference to them in that
particular. Since the beginning of the century refuge to fugitives and
confusion of ownership had been occasions for frequent quarrel between
them and the citizens of the Southern States. Later, when questions came
up touching the status of slavery on strictly federal soil, the Indian
country and the District of Columbia often found themselves listed
together.[11] Moreover, after 1850, it became a matter of serious import
whether or no the Fugitive Slave Law was operative within the Indian
country; and, when influenced apparently by Jefferson Davis,
Attorney-general Cushing gave as his opinion that it was, new
controversies arose. Slaves belonging to the Indians were often enticed
away by the abolitionists[12] and still more often were seized by southern
men under pretense of their being fugitives.[13] In cases of the latter
sort, the Indian owners had little or no redress in the federal courts of
law.[14]

In point of fact, during all the years between the various dates of Indian
removal and the breaking out of the Civil War, the Indian country was
constantly beset by difficulties. Some of the difficulties were
incident to removal or to disturbances within the tribes but most of them
were incident to changes and to political complications in the white man's
country. Scarcely had the removal project been fairly launched and the
first Indian emigrants started upon their journey westward than events
were in train for the overthrow of the whole scheme.


[Illustration: MAP SHOWING FREE NEGRO SETTLEMENTS IN THE CREEK COUNTRY
[_From Office of Indian Affairs_]]


When Calhoun mapped out the Indian country in his elaborate report of
1825, the selection of the trans-Missouri region might well have been
regarded as judicious. Had the plan of general removal been adopted then,
before sectional interests had wholly vitiated it, the United States
government might have gained and, in a measure, would have richly deserved
the credit of doing at least one thing for the protection and preservation
of the aborigines from motives, not self-interested, but purely
humanitarian. The moment was opportune. The territory of the United States
was then limited by the confines of the Louisiana Purchase and its
settlements by the great American desert. Traders only had penetrated to
any considerable extent to the base of the Rockies; but experience already
gained might have taught that their presence was portentous and
significant of the need of haste; that is, if Calhoun's selection were to
continue judicious; for traders, as has been amply proved in both British
and American history, have ever been but the advance agents of settlers.

Unfortunately for the cause of pure philanthropy, the United States
government was exceedingly slow in adopting the plan of Indian removal;
but its citizens were by no means equally slow in developing the spirit of
territorial expansion. Their successful seizure of West Florida had fired
their ambition and their cupidity. With Texas annexed and lower Oregon
occupied, the selection of the trans-Missouri region had ceased to be
judicious. How could the Indians expect to be secure in a country that was
the natural highway to a magnificent country beyond, invitingly open to
settlement! But this very pertinent and patent fact the officials at
Washington singularly failed to realize and they went on calmly assuring
the Indians that they should never be disturbed again, that the federal
government would protect them in their rights and against all enemies,
that no white man should be allowed to intrude upon them, that they should
hold their lands undiminished forever, and that no state or territorial
lines should ever again circumscribe them. Such promises were decidedly
fatuous, dead letters long before the ink that recorded them had had time
to dry. The Mexican War followed the annexation of Texas and its conquests
necessitated a further use of the Indian highway. Soldiers that fought in
that war saw the Indian land and straightway coveted it. Forty-niners saw
it and coveted it also. Prospectors and adventurers of all sorts laid
plans for exploiting it. It entered as a determining factor into Benton's
great scheme for building a national road that should connect the Atlantic
and Pacific shores and with the inception of that came a very sudden and a
very real danger; for the same great scheme precipitated, although in an
indirect sort of way, the agitation for the opening up of Kansas and
Nebraska to white settlement, which, of course, meant that the recent
Indian colonists, in spite of all the solemn governmental guaranties that
had been given to them, would have to be ousted, for would not the
"sovereign" people of America demand it? Then, too, the Dred Scott
decision, the result of a dishonorable political collusion as it was,[15]
militated indirectly against Indian interests. It is true that it was only
in its extra-legal aspect that it did this but it did it none the less;
for, if the authority of the federal government was not supreme in the
territories and not supreme in any part of the country not yet organized
into states, then the Indian landed property rights in the West that
rested exclusively upon federal grant, under the Removal Act of 1830, were
virtually nil. It is rather interesting to observe, in this connection,
how inconsistent human nature is when political expediency is the thing at
stake; for it happened that the same people and the same party,
identically, that, in the second and third decades of the nineteenth
century, had tried to convince the Indians, and against their better
judgment too, that the red man would be forever unmolested in the western
country because the federal government owned it absolutely and could give
a title in perpetuity, argued, in the fourth and fifth decades, that the
states were the sole proprietors, that they were, in fact, the joint
owners of everything heretofore considered as national. Inferentially,
therefore, Indians, like negroes, had no rights that white men were bound
to respect.

The crucial point has now been reached in this discussion. From the date
of the Kansas-Nebraska Bill, the sectional affiliation of the Indian
country became a thing of more than passing moment. Whatever may have been
John C. Calhoun's ulterior and real motive in urging that the
trans-Missouri region be closed to white settlement forever, whether he
did, as some of his abolitionist enemies have charged, plan thus to block
free-state expansion and so frustrate the natural operations of the
Missouri Compromise, certain it is, that southern politicians, after his
time, became the chief advocates of Indian territorial integrity, the ones
that pleaded most often and most noisily that guaranties to Indians be
faithfully respected. They had in mind the northern part of the Indian
country and that alone; but, no doubt, the circumstance was purely
accidental, since at that time, the early fifties, the northern[16] was
the only part likely to be encroached upon.[17] Their interest in the
southern part took an entirely different direction and that also may have
been accidental or occasioned by conditions quite local and present. For
this southern part, by the way, they recommended American citizenship and
the creation of American states[18] in the Union, also a territorial
organization immediately that should look towards that end. Such advice
came as early as 1853, at least, and was more natural than would at first
glance appear; for the southern tribes were huge in population, in land,
and in resources. They were civilized, had governments and laws modelled
upon the American, and more than all else, they were southern in origin,
in characteristics, and in institutions.

The project for organizing[19] the territories of Kansas and Nebraska
caused much excitement, as well it might, among the Indian immigrants,
even though the Wyandots, in 1852, had, in a measure, anticipated it by
initiating a somewhat similar movement in their own restricted
locality.[20] Most of the tribes comprehended to the full the ominous
import of territorial organization; for, obviously, it could not be
undertaken except at a sacrifice of Indian guaranties. At the moment some
of the tribes, notably the Choctaw and Chickasaw,[21] were having domestic
troubles that threatened a neighborhood war and the new fear of the white
man's further aggrandizement threw them into despair. The southern
Indians, generally, were much more exercised and much more alarmed than
were the northern.[22] Being more highly civilized, they were better able
to comprehend the drift of events. Experience had made them unduly
sagacious where their territorial and treaty rights were concerned, and
well they knew that, although the Douglas measure did not in itself
directly affect them or their country, it might easily become the
forerunner of one that would.

The border strife, following upon the passage of the Kansas-Nebraska
Bill, disturbed in no slight degree the Indians on the Kansas
reservations, which, by-the-by, had been very greatly reduced in area by
the Manypenny treaties of 1853-1854. Some of the reserves lay right in the
heart of the contested territory, free-state men intrenching themselves
among the Delawares and pro-slavery men among the Shawnees,[23] the former
north and the latter south of the Kansas River. But even remoteness of
situation constituted no safeguard against encroachment. All along the
Missouri line the squatters took possession. The distant Cherokee Neutral
Lands[24] and the Osage and New York Indian reservations[25] were all
invaded.[26] The Territorial Act had expressly excluded Indian land from
local governmental control; but the Kansas authorities of both parties
utterly ignored, in their administration of affairs, this provision. The
first districting of the territory for election purposes comprehended, for
instance, the Indian lands, yet little criticism has ever been passed
upon that grossly illegal act. Needless to say, the controversy between
slavocracy and freedom obscured and obliterated, in those years, all other
considerations.

As the year 1860 approached, appearances assumed an even more serious
aspect. Kansas settlers and would-be settlers demanded that the Indians,
so recently the only legal occupants of the territory, vacate it
altogether. So soon had the policy of granting them peace and undisturbed
repose on diminished reserves proved futile. The only place for the Indian
to go, were he indeed to be driven out of Kansas, was present Oklahoma;
but his going there would, perforce, mean an invasion of the property
rights of the southern tribes, a matter of great moment to them but
seemingly of no moment whatsoever to the white man. Some of the Kansas
Indians saw in removal southward a temporary refuge--they surely could not
have supposed it would be other than temporary--and were glad to go,
making their arrangements accordingly.[27] Some, however, had to be
cajoled into promising to go and some had to be forced. A few held out
determinedly against all thought of going. Among the especially obstinate
ones were the Osages,[28] natives of the soil. The Buchanan government
failed utterly to convince them of the wisdom of going and was, thereupon,
charged by the free-state Kansans with bad faith, with not being sincere
and sufficiently persistent in its endeavors to treat, its secret purpose
being to keep the free-state line as far north as possible. The breaking
out of the Civil War prevented the immediate removal of any of the tribes
but did not put a stop to negotiations looking towards that end.

All this time there was another influence within the Indian country, north
and south, that boded good or ill as the case might be. This influence
emanated from the religious denominations represented on the various
reserves. Nowhere in the United States, perhaps, was the rivalry among
churches that had divided along sectional lines in the forties and fifties
stronger than within the Indian country. There the churches contended with
each other at close range. The Indian country was free and open to all
faiths, while, in the states, the different churches kept strictly to
their own sections, the southern contingent of each denomination staying
close to the institution it supported. Of course the United States
government, through its civilization fund, was in a position to show very
pointedly its sectional predilections. It will probably never be known,
because so difficult of determination, just how much the churches aided or
retarded the spread of slavery.[29]

Among the tribes of Kansas, denominational strength was distributed as
follows: The Kickapoos[30] and Wyandots[31] were Methodists; but, while
the former were a unit in their adherence to the Methodist Episcopal
Church South, the latter were divided and among them the older church
continued strong. The American Baptist Missionary Union had a school on
the Delaware reservation and, previous to 1855, had had one also on the
Shawnee, which the political uproar in Kansas had obliged to close its
doors. These same Northern Baptists were established also among the
Ottawas, as the Moravians were among the Munsees and the Roman
Catholics[32] among the Osages and the Potawatomies. The Southern Baptists
were likewise to be found among the Potawatomies[33] and the Southern
Methodists among the Shawnees. The Shawnee Manual Labor School, under the
Southern Methodists, was, however, only very grudgingly patronized by the
Indians. Its situation near the Missouri border was partly accountable for
this as it was for the selection of the school as the meeting-place of the
pro-slavery legislature in 1855. The management of the institution was
from time to time severely criticized and the superintendent, the
Reverend Thomas Johnson, an intense pro-slavery agitator,[34] was strongly
suspected of malfeasance,[35] of enriching himself, forsooth, at the
expense of the Indians. The school found a formidable rival, from this and
many another cause, in a Quaker establishment, which likewise existed on
the Shawnee Reserve but independently of either tribal or governmental
aid.

If church influences and church quarrels were discernible among the
northern tribes, they were certainly very much more so among the southern.
The American Board of Commissioners for Foreign Missions (Congregational)
that had labored so zealously for the Cherokees, when they were east of
the Mississippi, extended its interest to them undiminished in the west;
and, in the period just before the Civil War,[36] was the strongest
religious force in their country. There it had no less than four mission
stations[37] and a flourishing school in connection with each. The same
organization was similarly influential among the Choctaws[38] or, in the
light of what eventually happened, it might better be said its
missionaries were. Both Southern and Northern Baptists and Southern
Methodists likewise were to be found among the Cherokees;[39]
Presbyterians[40] and Southern Methodists among the Chickasaws and
Choctaws; and Presbyterians only among the Creeks and Seminoles. In every
Indian nation south, except the Creek and Seminole,[41] the work of
denominational schools was supplemented, or maybe neutralized, by that of
public and neighborhood schools.

True to the traditions and to the practices of the old Puritans and of the
Plymouth church, the missionaries of the American Board,[42] so strongly
installed among the Choctaws and the Cherokees, took an active interest in
passing political affairs, particularly in connection with the slavery
agitation. On that question, they early divided themselves into two camps;
those among the Choctaws, led by the Reverend Cyrus Kingsbury,[43]
supporting slavery; and those among the Cherokees, led by the Reverend S.
A. Worcester,[44] opposing it. The actions of the former led to a
controversy with the American Board and, in 1855, the malcontents, or
pro-slavery sympathizers, expressed a desire to separate themselves and
their charges from its patronage.[45] When, eventually, this separation
did occur, 1859-1860, the Presbyterian Board of Foreign Missions (Old
School) stepped into the breach.[46]

The rebellious conduct of the Congregational missionaries met with the
undisguised approval of the Choctaw agent, Douglas H. Cooper,[47] formerly
of Mississippi. It was he who had already voiced a nervous apprehension,
as exhibited in the following document,[48] that the Indian country was in
grave danger of being abolitionized:

    If things go on as they are now doing, in 5 years slavery will be
    abolished in the whole of your superintendency.

    (_Private_) I am convinced that something must be done speedily to
    arrest the systematic efforts of the Missionaries to abolitionize the
    Indian Country.

    Otherwise we shall have a great run-away harbor, a sort of
    Canada--with "underground rail-roads" leading to & through
    it--adjoining Arkansas and Texas.

    It is of no use to look to the General Government--its arm is
    paralized by the abolition strength of the North.

    I see no way except secretly to induce the Choctaws & Cherokees &
    Creeks to allow slave-holders to settle among their people & control
    the movement now going on to abolish slavery among them.

        C--

Cooper sent this note, in 1854, as a private memorandum to the southern
superintendent, who at the time was Charles W. Dean. In 1859, it was
possible for him to write to Dean's successor, Elias Rector, in a very
different tone. The missionaries had then taken the stand he himself
advocated and there was reason for congratulation. Under such
circumstances, Cooper wrote,

    I cannot close this report without calling your attention to the
    admirable tone and feeling pervading the reports of superintendents of
    schools and missionaries among the Choctaws, and particularly to that
    of the Rev. Ebenezer Hotchkin, one of the oldest missionaries among
    the Choctaws, who, in referring to past political disturbances, says:
    "We have looked upon our rulers as the 'powers that be, are ordained
    of God,' and have respected them for this reason. 'Whomsoever,
    therefore, resisteth the power resisteth the ordinance of God'
    (Romans, xiii, 2). This has been our rule of action during the
    political excitement. We believe that the Bible is the best guide for
    us to follow. Our best citizens are those most influenced by Bible
    truth."

    I rejoice to believe the above sentiments are entertained by most, if
    not all, the missionaries now among the Choctaws and Chickasaws, and
    that they entirely repudiate the higher-law doctrine[49] of northern
    and religious fanatics. It is but lately, as I learn, that the Choctaw
    mission, for many years under the control of the American Board of
    Commissioners for Foreign Missions (whose headquarters are at Boston)
    has been cut off, because they preferred to follow the teachings of
    the Bible, as understood by them, rather than obey the dogmas
    contained in Dr. Treat's letter and the edicts of the parent board.

    It is a matter of congratulation among the friends of the old Choctaw
    missionaries, who have labored for thirty years among them, and intend
    to die with armor on, that all connection with the Boston board has
    been dissolved. If it had been done years ago, when their freedom of
    conscience and of missionary action was attempted to be controlled by
    the parent board, much of suspicion, of ill-feeling, and diminished
    usefulness, which attached to the Choctaw missionaries in consequence
    of their connection with and sustenance by a board avowedly and openly
    hostile to southern institutions, would have been prevented.[50]

In the next year, 1860, Cooper was still sanguine as to affairs among the
Indians of his agency and he could report to Rector, unhesitatingly, as
if confident of official endorsement both at Forth Smith and at
Washington,[51]

    Great excitement has prevailed along the Texas border, in consequence
    of the incendiary course pursued in that State by horse thieves and
    religious fanatics; but I am glad to say, as yet, so far as I am
    informed, no necessity has existed in this agency for the organization
    of "vigilance committees" ... No doubt we have among us
    _free-soilers_; perhaps abolitionists in sentiment; but, so far as I
    am informed, persons from the North, residing among the Choctaws and
    Chickasaws, who entertain opinions unfriendly to our system of
    domestic slavery, keep their opinions to themselves and attend to
    their legitimate business.[52]

George Butler, the United States agent for the Cherokees, seems to have
been, no less than Cooper, an adherent of the State Rights Party and an
upholder of the institution of slavery. In 1859, he ascribed the very
great material progress of the Cherokees to the fact that they were
slaveholders.[53] Slavery, in Butler's opinion, had operated as an
incentive to all industrial pursuits. To an extent this may have been
true, since all Indians, no matter how high their type, have an aversion
for work. As Professor Shaler once said, they are the truest aristocrats
the world has ever known. But the slaveholders among the great tribes of
the South were, for the most part, the half-breeds, the cleverest and
often, much as we may regret to have to admit it, the most unscrupulous
men of the community.

Butler's commission as Indian agent expired in March, 1860, and he was not
reappointed, Robert J. Cowart of Georgia[54] being preferred. This man,
illiterate and unprincipled, immediately set to work to perform a task to
which his predecessor had proved unequal. The task was the removal of
white intruders from the Cherokee country. For some time past, the
southern superintendent and the agents under him, to say nothing of
Commissioner Greenwood and Secretary Thompson, the one a citizen of
Arkansas and the other of Mississippi, had resented most bitterly the
invasion of the Cherokee Neutral Lands by Kansas free-soilers and the
division of it into counties by the unlawfully assumed authority of the
Kansas legislature. The resentment was thoroughly justifiable; for the
whole proceeding of the legislature was contrary to the express enactment
of Congress; but no doubt, enthusiasm for the strict enforcement of the
federal law came largely from political predilections, precisely as the
Kansan's outrageous defiance of it came from a deep-rooted distrust of
the Buchanan administration.

There were, however, other intruders that Cowart and Rector and Greenwood
designed to remove and they wanted to remove them on the ground that they
were making mischief within the tribe and interfering with its
institutions, or, more specifically, with slavery. The intruders meant
were principally the missionaries against whom Greenwood had even the
audacity to lay the charge of inciting to murder. Newspapers of bordering
slave states were full of criticism,[55] just before the war, of these
same men and, notably, of the Reverend Evan[56] and John Jones, the
reputed ringleaders. The official excuse for removing them is rather
interesting because it is so similar to that given, some thirty years
earlier, in connection with the removal from Georgia. Ulterior motives can
so easily be hidden under cold official phrase.

That the cause of slavery within the Cherokee country was in jeopardy in
the spring and summer of 1860 can not well be denied. To the men of the
time the evidence was easily obtainable. Almost as if by magic, a "search
organization" started up among the full-bloods, an organization profoundly
secret in its membership and in its purposes, but believed to be for no
other object than the overthrow of the "peculiar institution." Its
existence was promptly reported to the United States government and, as
was to be expected, the missionaries were held responsible for both its
inception and its continuance. It was then that Greenwood made[57] his
most serious charge against these men and prepared, under color of law, to
have them removed. Later, in this same year of 1860, Quantrill, the
Hagerstown, Maryland man of Pennsylvania Dutch origin, who afterwards
became such a notorious frontier guerrilla in the interests of the
Confederate cause, leagued himself with some abolitionists for the sake
of making an expedition to the Cherokee country and rescuing negroes,
there held in bondage.[58] The timely distrust of Quantrill, however,
caused the enterprise to be abandoned even before its preliminaries had
been thoroughly well arranged; yet, had the rescue been carried to
completion, it would not have been entirely without precedent[59] and its
very contrivance indicated an uncertainty and a precariousness of
situation south of the Kansas line.

Ever since their compulsory removal from Georgia under circumstances truly
tragic, the Cherokees had been much given to factional strife. This was
largely in consequence of the underhand means taken by the state and
federal authorities to accomplish removal. The Cherokees had, under the
necessities of the situation, divided themselves into the Ross, or
Anti-removal Party, and the Ridge, or Treaty Party.[60] Removal took place
in spite of the steady opposition of the Rossites and the Cherokees went
west, piloted by the United States army. Once in the west a new division
arose in their ranks; for, as newcomers, they came into jealous contact
with members of their tribe who had emigrated many years previously and
who came to figure, in subsequent Cherokee history, as the Old Settlers'
Party.[61] In 1846, the United States government attempted to assume the
role of mediator in a settlement of Cherokee tribal differences but
without much success.[62] The old wrongs were unredressed, so the old
divisions remained and formed nuclei for new disintegrating issues. Thus,
in 1857, there were no less than three factions created in consequence of
a project for selling the Cherokee Neutral Lands[63]. Each faction had its
own opinion how best to dispose of the proceeds, should a sale take place.
In 1860, there were two factions, the selling and the non-selling[64].
This tendency of the Cherokees perpetually to quarrel among themselves and
to bear long-standing grudges against each other is most important;
inasmuch as that marked peculiarity of internal politics very largely
determined the unique position of the tribe with reference to the Civil
War.

The other great tribes had also occasions for quarrel in these same
critical years. The disgraceful circumstances of their removal had widened
the gulf, once simply geographical, between the Upper and the Lower
Creeks. They were now almost two distinct political entities, in each of
which there were a principal and a second chief. In 1833, provision had
been made for the accommodation of the Seminoles within a certain definite
part of the Creek country[65]--just such an arrangement, forsooth, as
worked so ill when applied to the Choctaws and Chickasaws; but it took
several years for the Seminoles to be suited. At length, when their
numbers had been considerably augmented by the coming of the new
immigrants from Florida, they took up their position, for good and all,
in the southwestern corner of the Creek Reserve, a politically distinct
community. By that time, the Creeks seem to have repented of their
generosity,[66] so, perhaps, it was well that the United States government
had not yielded to their importunity and consented to a like settlement of
the southern Comanches.[67] It had taken the Chickasaws a long time to
reconstruct their government after the political separation from the
Choctaws; but now they had a constitution,[68] all their own, a
legislature, and a governor. The Choctaws had attempted a constitution,
likewise, first the Scullyville, then the Doaksville, set up by a minority
party; but they had retained some semblance of the old order of things in
the persons of their chiefs.[69]

There were other Indians within the southern division of the Indian
country that were to have their part in the Civil War and in events
leading up to it or resulting from it. In the extreme northeastern corner,
were the Quapaws, the Senecas, and the confederated Senecas and Shawnees,
all members, with the Osages and the New York Indians of Kansas, of the
Neosho River Agency which was under the care of Andrew J. Dorn. In the far
western part, at the base of the Wichita Mountains, were the Indians of
the Leased District, Wichitas, Tonkawas,[70] Euchees, and others,
collectively called the "Reserve Indians." Most of them had been brought
from Texas,[71] because of Texan intolerance of their presence, and placed
within the Leased District, a tract of land west of the ninety-eighth
meridian, which, under the treaty of 1855, the United States had rented
from the Choctaws and Chickasaws. It was a part of the old Chickasaw
District of the Choctaw Nation. Outside of the Wichita Reserve and still
wandering at large over the plains were the hostile Kiowas and Comanches,
against whom and the inoffensive Reserve Indians, the Texans nourished a
bitter, undying hatred. They charged them with crimes that were never
committed and with some crimes that white men, disguised as Indians, had
committed. They were also suspected of manufacturing evidence that would
incriminate the red men and of plotting, in regularly-organized meetings,
their overthrow.[72]

Although the plan for colonizing some of the Texas Indians had been
completed in 1855, the Indian Office found it impossible to execute it
until the summer of 1859. This was principally because the War Department
could not be induced to make the necessary military arrangements.[73] In
point of fact, the southern Indian country was, at the time, practically
without a force of United States troops, quite regardless of the promise
that had been made to all the tribes upon the occasion of their removal
that they should _always be protected_ in their new quarters and,
inferentially, by the regular army. Even Fort Gibson had been virtually
abandoned as a military post on the plea that its site was unhealthful;
and all of Superintendent Rector's recommendations that Frozen Rock, on
the south side of the Arkansas a few miles away, be substituted[74] had
been ignored, not so much by the Interior Department, as by the War.
Secretary Thompson thought that enough troops should be at his disposal to
enable him to carry out the United States Indian policy, but Secretary
Floyd demurred. He was rather disposed to dismantle such forts as there
were and to withdraw all troops from the Indian frontier,[75] a course of
action that would leave it exposed, so the dissenting Thompson
prognosticated, to "the most unhappy results."[76]

It happened thus that, when the United States surveyors started in 1858 to
establish the line of the ninety-eighth meridian west longitude and to run
other boundary lines under the treaty of 1855,[77] they found the country
entirely unpatrolled. Troops had been ordered from Texas to protect the
surveyors; but, pending their arrival, Agent Cooper, who had gone out to
witness the determination of the initial point on the line between his
agency and the Leased District, himself took post at Fort Arbuckle and
called upon the Indians for patrol and garrison duty.[78] It would seem
that Secretary Thompson had verbally authorized[79] Cooper to make this
use of the Indians; but they proved in the sequel very inefficient as
garrison troops. On the thirtieth of June, Lieutenant Powell, commanding
Company E, First United States Infantry, arrived at Fort Arbuckle from
Texas and relieved Cooper of his self-imposed task. The day following,
Cooper set out upon a sixteen day scout of the Washita country, taking
with him his Indian volunteers, Chickasaws[80] and a few Cherokees;[81]
and for this act of using Indian after the arrival of white troops, he was
severely criticized by the department. One thing he accomplished: he
selected a site for the prospective Wichita Agency with the recommendation
that it be also made the site[82] of the much-needed military post on the
Leased District. The site had originally been occupied by a Kechie village
and was admirably well adapted for the double purpose Cooper intended. It
lay near the center of the Leased District and near the sources of Cache
and Beaver Creeks. It was also, so reported Cooper, "not very distant from
the Washita, & Canadian" (and commanded) "the Mountain passes through the
Wichita Mountains to the Antelope Hills--to the North branch of Red River
and also the road on the South side of the Wichita Mountains up Red
River."

The colonization of the Wichitas and other Indians took place in the
summer of 1859 under the excitement of new disputes with Texas, largely
growing out of an unwarranted and brutal attack[83] by white men upon
Indians of the Brazos Agency. That event following so closely upon the
heels of Van Dorn's[84] equally brutal attack upon a defenceless Comanche
camp brought matters to a crisis and the government was forced to be
expeditious where it had previously been dilatory. The Comanches had come
in, under a flag of truce, to confer in a friendly way with the Wichitas.
Van Dorn, ignorant of their purpose but supposing it hostile, made a
forced march, surprised them, and mercilessly took summary vengeance for
all the Comanches had been charged with, whether justly or unjustly, for
some time past. After it was all over, the Comanches, with about sixty of
their number slain, accused the Wichitas of having betrayed them.
Frightened, yet innocent, the Wichitas begged that there be no further
delay in their removal, so the order was given and arrangements made.
Unfortunately, by the time everything was ready, the season was pretty far
advanced and the Indians reached their new home to find it too late to put
in crops for that year's harvest. Subsistence rations had, therefore, to
be doled out to them, the occasion affording, as always, a rare
opportunity for graft. Instead of calling for bids, as was customary,
Superintendent Rector entered into a private contract[85] with a friend
and relative of his own, the consequence being that the government was
charged an exorbitant price for the rations. Soon other troubles[86] came.
The Leased District proved to be already occupied by some northern Indian
refugees[87] and became, as time went on, a handy rendezvous for free
negroes; but, as soon as Matthew Leeper[88] of Texas became agent, the
stay of such was extremely short.[89]

Such were the conditions obtaining among the Indians west of Missouri and
Arkansas in the years immediately antedating the American Civil War; and,
from such conditions, it may readily be inferred that the Indians were
anything but satisfied with the treatment that had been and was being
accorded them. They owed no great debt of gratitude to anybody. They were
restless and unhappy among themselves. Their old way of living had been
completely disorganized. They had nothing to go upon, so far as their
relations with the white men were concerned, to make them hopeful of
anything better in the future, rather the reverse. Indeed at the very
opening of the year 1860, a year so full of distress to them because of
the great drouth[90] that ravaged Nebraska, Kansas, and Oklahoma, the
worst that had been known in thirty years, there came occasion for a new
distrust. Proposals were made to the Creeks,[91] to the Choctaws,[92] and
to the Chickasaws to allot their lands in severalty, notwithstanding the
fact that one of the inducements offered by President Jackson to get them
originally to remove had been, that they should be permitted to hold their
land, as they had always held it, in common, forever. The Creeks now
replied to the proposals of the Indian Office that they had had experience
with individual reservations in their old eastern homes and had good
reason to be prejudiced against them. The Indians, one and all, met the
proposals with a downright refusal but they did not forget that they had
been made, particularly when there came additional cause for apprehension.

The cause for apprehension came with the presidential campaign of 1860 and
from a passage in Seward's Chicago speech,[93] "The National Idea; Its
Perils and Triumphs," expressive of opinions, false to the national trust
but favorable to expansion in the direction of the Indian territory, most
inopportune, to say the least, and foolish. Seward probably spoke in the
enthusiasm of a heated moment; for the obnoxious sentiment, "The Indian
territory, also, south of Kansas, must be vacated by the Indians," was
very different in its tenor from equally strong expressions in his great
Senate speech[94] on the Kansas-Nebraska Bill, February 17, 1854. It soon
proved, however, easy of quotation by the secessionists in their arguments
with the Indians, it being offered by them as incontestable proof that the
designs of the incoming administration were, in the highest degree,
inimical to Indian treaty rights. At the time of its utterance, the
Indians were intensely excited. The poor things had had so many and such
bitter experiences with the bad faith of the white people that it took
very little to arouse their suspicion. They had been told to contract
their domain or to move on so often that they had become quite
super-sensitive on the subject of land cessions and removals. Seward's
speech was but another instance of idle words proving exceedingly fateful.

Two facts thus far omitted from the general survey and reserved for
special emphasis may now be remarked upon. They will show conclusively
that there were personal and economic reasons why the Indians, some of
them at least, were drawn irresistibly towards the South. The patronage of
the Indian Office has always been more or less of a local thing.
Communities adjoining Indian reservations usually consider, and with just
cause because of long-established practice, that all positions in the
field service, as for example, agencies and traderships, are the
perquisites, so to speak, of the locality. It was certainly true before
the war that Texas and Arkansas had some such understanding as to Indian
Territory, for only southerners held office there and, from among the
southerners, Texans and Arkansans received the preference always. It
happened too that the higher officials in Washington were almost
invariably southern men.

The granting of licenses to traders rested with the superintendent and
everything goes to show that, in the fifties and sixties, applications for
license were scrutinized very closely by the southern superintendents with
a view to letting no objectionable person, from the standpoint of southern
rights, get into the territory. The Holy See itself could never have been
more vigilant in protecting colonial domains against the introduction of
heresy. The same vigilance was exercised in the hiring of agency
employees, blacksmiths, wheelwrights, and the like. Having full
discretionary power in the premises, the superintendents could easily
interpret the law to suit themselves. They could also evade it in their
own interests and frequently did so. One notorious case[95] of this sort
came up in connection with Superintendent Drew, who gave permits to his
friends to "peddle" in the Indian country without requiring of them the
necessary preliminary of a bond. Traders once in the country had
tremendous influence with the Indians, especially with those of a certain
class whom ordinarily the missionaries could not reach. Then, as before
and since, Indian traders were not men of the highest moral character by
any means. Too often, on the contrary, they were of degraded character,
thoroughly unscrupulous, proverbial for their defiance of the law, general
illiteracy, and corrupt business practices. It stands to reason that such
men, if they had themselves been selected with an eye single to the cause
of a particular section and knew that solicitude in its interests would
mean great latitude to themselves and favorable reports of themselves to
the department at Washington, would spare no efforts and hesitate at no
means to make it their first concern, provided, of course, that it did not
interfere with their own monetary schemes.

To cap the climax, the last and greatest circumstance to be noted, if only
because of the great weight it carried with the Indians when it was
brought into the argument by the secessionists, is that practically all of
the Indian money held in trust for the individual tribes by the United
States government was invested in southern stocks;[96] in Florida 7's, in
Georgia, Kentucky, Louisiana, Maryland, South Carolina, Missouri,
Virginia, and Tennessee 6's, in North Carolina and Tennessee 5's, and the
like. To tell the truth, only the merest minimum of it was secured by
northern bonds. The southerners asserted for the Indians' benefit, that
all these securities would be forfeited[97] by the war. Sufficient is the
fact, that the position of the Indians[98] was unquestionably difficult.
With so much to draw them southward, our only wonder is, that so many of
them stayed with the North.




II. INDIAN TERRITORY IN ITS RELATIONS WITH TEXAS AND ARKANSAS


For the participation of the southern Indians in the American Civil War,
the states of Texas and Arkansas were more than measurably responsible.
Indian Territory, or that part of the Indian country that was historically
known as such, lay between them. Its southern frontage was along the Red
River; and that stream, flowing with only slight sinuosity downward to its
junction with the Mississippi, gave to Indian Territory a long diagonal,
controlled, as far as situation went, entirely by Texas. Texas lay on the
other side of the river and she lay also on almost the whole western
border of Indian Territory.[99] She was, consequently, in possession of a
rare opportunity, geographically, for exercising influence, should need
for such ever arise. Running parallel with the Red River and northward
about one hundred miles, was the Canadian. Between the two rivers were
three huge Indian reservations, the most western was the Leased District
of the Wichitas and allied bands, the middle one was the Chickasaw, and
the eastern, the Choctaw.[100] The Indian occupants of these three
reservations were, therefore, and sometimes to their sorrow, be it said,
the very next door neighbors of the Texans. The Choctaws were, likewise,
the next door neighbors of the Arkansans who joined them on the east; but
the relations between Arkansans and Choctaws seem not to have been so
close or so constant during the period before the war as were the
relations between the Choctaws and the Texans on the one hand and the
Cherokees and the Arkansans on the other.

The Cherokees dwelt, like the Choctaws, over against Arkansas but north of
the Canadian River and in close proximity to Fort Smith, the headquarters
of the Southern Superintendency.[101] Their territory was not so compactly
placed as was the territory of the other tribes; and, in its various
parts, it passes, necessarily, under various designations. There was the
"Cherokee Outlet," a narrow tract south of Kansas that had no definite
western limit. It was supposed to be a passage way to the hunting grounds
of the great plains beyond. Then there was the "Cherokee Strip," the
Kansas extension of the outlet, and for most of its extent originally and
legally a part of it. The territorial organization of Kansas had made the
two distinct. Finally, as respects the more insignificant portions of the
Cherokee domain, there were the "Cherokee Neutral Lands," already
sufficiently well commented upon. They were insignificant, not in point of
acreage but of tribal authority operating within them. They lay in the
southeastern corner of Kansas and constituted, against their will and
against the law, her southeastern counties. They were separated, to their
own discomfiture and disadvantage, from the Cherokee Nation proper by the
reservation of the Quapaws, of the Senecas, and of the confederated
Senecas and Shawnees. This Cherokee Nation lay, as has already been
indicated, over against Arkansas and north of the northeastern section of
the Choctaw country. The Arkansas River formed part of the boundary
between the two tribal domains. So much then for the location of the
really great tribes, but where were the lesser?


[Illustration: COLONEL DOWNING, CHEROKEE [_From Smithsonian Institution,
Bureau of American Ethnology_]]


The Quapaws, the Senecas, and the confederated Senecas and Shawnees, the
most insignificant of the lesser, occupied the extreme northeastern corner
of Indian Territory and, therefore, bordered upon the southwestern corner
of Missouri. The Creeks lived between the Arkansas River, inclusive of its
Red Fork, and the Canadian River, having the Cherokees to the east and
north of them, the Choctaws and Chickasaws to the south, and the Seminoles
to the southwest, between the Canadian and its North Fork. The Indians of
the Leased District have already been located.

In the years preceding the Civil War, the interest of Texas and of
Arkansas in Indian Territory manifested itself, not in a covetous desire
to dispossess the Indians of their lands, as was, unfortunately for
national honor, the case in Kansas, but in an effort to keep the actual
country true to the South, settled by slaveholders, Indian or white, as
occasion required or opportunity offered. When sectional affairs became
really tense after the formation of the Republican Party, they redoubled
their energies in that direction, working always through the rich,
influential, and intelligent half-breeds, some of whom had property
interests and family connections in the states operating upon them.[102]
The half-breeds were essentially a planter class, institutionally more
truly so than were the inhabitants of the border slave states. It is
therefore not surprising that, during the excitement following Abraham
Lincoln's nomination and election, identically the same political agencies
worked among them as among their white neighbors and events in Indian
Territory kept perfect pace with events in adjoining states.

The first of these that showed strong sectional tendencies came in
January, 1861, when the Chickasaws, quite on their own initiative
apparently, met in a called session of their legislature to consider how
best the great tribes might conduct themselves with reference to the
serious political situation then shaping itself in the United States.
There is some evidence that the Knights of the Golden Circle had been
active among the Indians as they had been in Arkansas[103] during the
course of the late presidential campaign. At all events, the red men knew
full well of passing occurrences among their neighbors and they certainly
knew how matters were progressing in Texas. There the State Rights Party
was asserting itself in no doubtful terms. For the time being, however,
the Chickasaws contented themselves with simply passing an act,[104]
January 5, suggesting an inter-tribal conference and arranging for the
executive appointment of a Chickasaw delegation to it. The authorities of
the other tribes were duly notified[105] and to the Creek was given the
privilege of naming time and place.

The Inter-tribal Council assembled at the Creek Agency,[106] February 17,
but comparatively few delegates were in attendance. William P. Ross, a
graduate[107] of Princeton and a nephew of John Ross, the principal chief
of the Cherokees, went as the head of the Cherokee delegation. It was he
who reported the scanty attendance,[108] saying that there were no
Chickasaws present, no Choctaws, but only Creeks, Seminoles, and
Cherokees. Why it happened so can not now be exactly determined but to it
may undoubtedly be ascribed the outcome; for the council did nothing that
was not perfectly compatible with existing friendly relations between the
great tribes and the United States government. John Ross, in instructing
his delegates, had strictly enjoined caution and discretion[109]. William
P. Ross and his associates seem to have managed to secure the observance
of both. Perchance it was Chief Ross's[110] known aversion to an
interference in matters that did not concern the Indians, except very
indirectly, and the consciousness that his influence in the council would
be immense, probably all-powerful, that caused the Chickasaws to draw back
from a thing they had themselves so ill-advisedly planned. It is, however,
just possible that, between the time of issuing the call and of assembling
the council, they crossed on their own responsibility the boundary of
indecision and resolved, as most certainly had the Choctaws, that their
sympathies and their interests were with the South. It might well be
supposed that in this perilous hour their thoughts would have travelled
back some thirty years and they would have remembered what havoc the same
state-rights doctrine, now presented so earnestly for their acceptance,
although it scarcely fitted their case, had then wrought in their
concerns. Strangely enough none of the tribes seems to have charged the
gross injustice of the thirties exclusively to the account of the South.
On the contrary, they one and all charged it against the federal
government, against the states as a whole, and so, rightly or wrongly, the
nation had to pay for the inconsistency of Jackson's procedure, a
procedure that could so illogically recognize the supremacy of federal law
in one matter and the supremacy of state law in another matter that was
precisely its parallel.

The decision of the Choctaws had found expression in a series of
resolutions under date of February 7. They are worthy of being quoted
entire.

    February 7, 1861.

    RESOLUTIONS _expressing the feelings and sentiments of the General
    Council of the Choctaw Nation in reference to the political
    disagreement existing between the Northern and Southern States of the
    American Union._

    _Resolved by the General Council of the Choctaw Nation assembled_,
    That we view with deep regret and great solicitude the present unhappy
    political disagreement between the Northern and Southern States of the
    American Union, tending to a permanent dissolution of the Union and
    the disturbance of the various important relations existing with that
    Government by treaty stipulations and international laws, and
    portending much injury to the Choctaw government and people.

    _Resolved further_, That we must express the earnest desire and ready
    hope entertained by the entire Choctaw people, that any and all
    political disturbances agitating and dividing the people of the
    various States may be honorably and speedily adjusted; and the example
    and blessing, and fostering care of their General Government, and the
    many and friendly social ties existing with their people, continue for
    the enlightenment in moral and good government and prosperity in the
    material concerns of life to our whole population.

    _Resolved further_, That in the event a permanent dissolution of the
    American Union takes place, our many relations with the General
    Government must cease, and we shall be left to follow the natural
    affections, education, institutions, and interests of our people,
    which indissolubly bind us in every way to the destiny of our
    neighbors and brethren of the Southern States upon whom we are
    confident we can rely for the preservation of our rights of life,
    liberty, and property, and the continuance of many acts of friendship,
    general counsel, and material support.

    _Resolved further_, That we desire to assure our immediate neighbors,
    the people of Arkansas and Texas, of our determination to observe the
    amicable relations in every way so long existing between us, and the
    firm reliance we have, amid any disturbance with other States, the
    rights and feelings so sacred to us will remain respected by them and
    be protected from the encroachments of others.

    _Resolved further_, That his excellency the principal chief be
    requested to inclose, with an appropriate communication from himself,
    a copy of these resolutions to the governors of the Southern States,
    with the request that they be laid before the State convention of each
    State, as many as have assembled at the date of their reception, and
    that in such as have not they be published in the newspapers of the
    State.

    _Resolved_, That these resolutions take effect and be in force from
    and after their passage.

    Approved February 7, 1861.[111]

These resolutions of the Choctaw Council are in the highest degree
interesting in the matter both of their substance and of their time of
issue. The information is not forthcoming as to how the Choctaws received
the invitation of the Chickasaw legislature to attend an inter-tribal
council; but, later on, in April, 1861, the Choctaw delegation in
Washington, made up of P. P. Pitchlynn, Samuel Garland, Israel Folsom, and
Peter Folsom, assured the Commissioner of Indian Affairs that the Choctaw
Nation intended to remain neutral,[112] which assurance was interpreted
to mean simply that the Choctaws would be inactive spectators of events,
expressing no opinion, in word or deed, one way or the other. The
Chickasaw delegation gave the same assurance and at about the same time
and place. Now what is to be concluded? Is it to be supposed that the Act
of January 5, 1861 in no wise reflected the sentiments of a tribe as a
whole and similarly the Resolutions of February 7, 1861, or that the
tribal delegations were, in April, utterly ignorant of the real attitude
of their respective constituents? The answer is to be found in the
following most interesting and instructive letter, written by S. Orlando
Lee to Commissioner Dole from Huntingdon, Long Island, March 15,
1862:[113]

    Thinking you and the government would like to hear something about the
    state of affairs among the Choctaws last summer and the influences
    which induced them to take their present position I will write you
    what I know. I was a missionary teacher at Spencer Academy for two
    years and refer you to Hon. Walter Lowrie Gen. Sec. of the Pres. Board
    of Foreign Missions for information as to my character &c. I left
    Spencer June 13th & the nation June 24th but have heard directly from
    there twice since, the last time as late as Sept 6th. So that I can
    speak of occurrences as late as that.

    After South Carolina passed her secession ordinance in Dec. 1860 there
    was a public attempt to excite the Choctaws and Chickasaws as a
    beginning hoping to bring in the other tribes afterwards. Many of the
    larger slaveholders (who are nearly all half breeds) had been gained
    before and Capt. R. M. Jones was the leader of the secessionists. The
    country was full of lies about the intentions of the new
    administration. The border papers in Arkansas & Texas republished from
    the New York & St. Louis papers a part of a sentence from Hon. W. H.
    Seward's speech at Chicago during the election campaign of 1860 to
    this effect "And Indian Territory south of Kansas must be vacated by
    the Indian" (These words do occur in the report of Mr. Seward's
    Chicago speech as published in New York Evening Post Weekly for I
    read it myself). This produced intense excitement of course and to add
    to the effect the Secessionist Journals charged that another prominent
    republican had proposed to drive the indians out of Indian Ter. in a
    speech in congress. "This" they were told "is the policy of the new
    administration. The abolitionists want your lands--we will protect
    you. Your only safety is to join the South." Again they were told
    "that the South must succeed in gaining their independence and the
    money of the indians being invested in the stocks of Southern states
    the stocks would be cancelled & the indians would lose their money
    unless they joined the south, if they did that the stocks would be
    reissued to the Confederate States for them." Their special
    commissioners Peter Folsom &c, who came to Washington to get the half
    million of dollars for claims, reported that they got along very well
    until they were asked if they had slaves after that they said they
    could do nothing. Sampson Folsom said however that he thought they
    would have succeeded had it not been for the attack on Sumpter--He
    said President Lincoln then told them "He would not give them a dollar
    until the close of the war." An interesting fact in relation to these
    commissioners is that they came to Washington by way of _Montgomery_ &
    were when they reached Washington probably all, except Judge Garland,
    secessionists. Thus all influences were in favor of the rebels--Where
    could the indians go for light--The former indian agent Cooper was a
    Col. in the rebel service. The oldest missionary who has undoubtedly
    more influence with the Choctaws than any other white man is an ardent
    secessionist believing firmly both in the right & in the final success
    of the rebel cause--He (Dr. Kingsbury) prays as earnestly & fervently
    for the success of the rebels as any one among us does for the success
    of the Union cause. The son of another, Mr. Hodgkin, is a captain in
    the rebel service--another Mr. Stark actively assisted in organizing a
    company acted as sec. of secessionist meetings &c. Even Mr. Reid
    superintendant of Spencer was confident the rebels could never be
    subdued and thought when the treaty should be made they ought in
    justice to have Ind. Territory. Again when Fort Smith was evacuated
    the rebel forces were on the way up the Ark. river to attack it & the
    garrison evacuated it in the night which looked to the Indians (if
    not to the white men) as if the northerners were afraid. The same was
    true of Fort Washitaw where our forces left in the night and were
    actually pursued for several days by the Texans. Thus matters stood
    when Col. Pitchlynn the resident Com. of the Choctaws at Washington
    returned home. He gave all his influence to have the Choctaws take a
    neutral position. The chief had called the council to meet June 1st. &
    Col. P. so far succeeded as to induce him to prepare a message
    recommending neutrality. Col. P. was promptly reported as an
    _abolitionist_ and _visited_ & _threatened_ by a Texas Vigilance
    committee.

    The Council met at Doaksville seven miles from Red River & of course
    from Texas. It was largely attended by white men from Texas our
    Choctaw neighbors who attended said the place was full of white men.

    The Council did not organize until June 4th or 5th (I forget which).
    In the meanwhile the white men & half bloods had a secession meeting
    when it leaked out through Col. Cooper that the Chief Hudson had
    prepared a message recommending neutrality at which Robert M. Jones
    was so indignant that he made a furious speech in which he declared
    that "any one who opposed secession ought to be hung" "and any
    suspicious persons ought to be hung." Hudson was frightened and when
    the Council was organized sent in a message recommending that
    commissioners be appointed to negotiate a treaty with the Confederates
    and that in the meantime a regiment be organized under Col. Cooper for
    the Confed. army.

    This was finally done but not for a week for the Choctaws were
    reluctant. They feared that their action would result in the
    destruction of the nation. Said Joseph P. Folsom, a member of the
    council & a graduate of Dartmouth College New Hampshire, "We are
    choosing in what way we shall die." Judge Wade said to me, "We expect
    that the Choctaws will be buried. That is what we think will be the
    end of this." Judge W. is a member of the Senate (for the Choctaw
    Council is composed of a Senate & lower house chosen by the people in
    districts & the constitution is modeled very much after those of the
    states.) & he has been a chief. Others said to me "If the north was
    here so we could be protected we would stand up for the north but now
    if we do not go in for the south the Texans will come over here and
    kill us." Mr. Reid told me a day or two before we left that he had
    become convinced during a trip for two or three days through the
    country that the _full bloods_ were strongly for the north. I am sure
    it _was so then_ & it was the opinion of the missionaries that if we
    had all taken the position, that we would not leave, some of us had
    been warned to do so by Texan vigilance committees, we could have
    raised a thousand men who would have armed in our defence--Our older
    brethren told us that this would hasten the destruction of the indians
    as they would be crushed before any help could come.--We thought this
    would probably be the case and the missionaries who were most strongly
    union in sentiment left.

    One of the number Rev. John Edwards had been hiding for his life from
    Texan & half blood ruffians for two weeks & we at Spencer had had the
    _honor_ to be visited by a Texas committee searching for arms.

    I continue my narrative from a letter from one of our teachers who was
    detained when we left by the illness of his wife & who left Spencer
    Sept. 5th & the Nation Sept. 9th. He says Col. Coopers regiment was
    filled up with Texans "The half breeds after involving the full bloods
    in the war have rather drawn back themselves and but few of them have
    enlisted & gone to the war." This indicates that the full bloods have
    at last yielded to the pressure and joined the rebels. The
    missionaries who remained would generally advise them to do this.

    The Choctaw commissioners met Albert Pike rebel commissioner & made a
    treaty with him, with reference to this he says "The Choctaws rec'd
    quite a bundle of promises from the rebel government. Their treaty
    gives their representative a seat in the rebel congress, acknowledges
    the right of the Choctaws to give testimony in all courts in the C.
    S., exempts them from the expences of the war, their soldiers are to
    be paid 20$ a month by the C. S. during the war, the C. S. assume the
    debts due the Choctaws by the U. S., they have the privilege of coming
    in as a state into the Confederacy with equal rights if they wish it,
    or remain as they are, the C. S. to sustain their schools _after the
    war_, they guarantee them against all intrusion on their lands by
    white men, allow them to garrison the forts in their territory with
    their own troops if they wish it said troops to be paid by the C.
    S."--Here is a list of promises and when I think of these, of the
    belief of their oldest missionaries in the final success of the
    rebels, of the fact that all the old Officers of the U. S. government
    were in the service of the rebels, of the occupation of the forts
    there by rebels, of the activity of a knot of bitter disunionists led
    by Capt. Jones, who has long been a very influential man, of the Texas
    mob law which considered it a crime for a young man to refuse to
    volunteer, of the fact that there was no way for them to hear the
    truth as to the designs of the U. S. government concerning them,
    except through Col. Pitchlyn who was soon silenced & of the falsehoods
    told them as to the designs of the Government, I do not wonder that
    they have joined the rebels.

    I saw strong men completely unmanned even to floods of tears by the
    leaving of Dr. Hobbs and the thoughts of what was before them. I heard
    men say they did not want to fight but expected to be forced to do it.

    I trust the government will consider the circumstances of the case &
    deal gently, considerately with the indians. I do not like to write
    such things of my brother missionaries but they are I believe facts &
    though I love some of them very much I still must say that, except
    Rev. Mr. Byington who was doubtful & Rev. Mr. Balantine a missionary
    to the Chickasaws who was union, all the ordained missionaries
    belonging to the Choctaw & Chickasaw Mission of the Presbyterian Board
    who remain there were victims of the madness which swept over the
    South, were secessionists--One or two of the three Laymen who remained
    were union men--Cyrus Kingsbury son of Rev. Dr. K. being one....

The failure of the United States government to give the Indians, in
season, the necessary assurance that they would be protected, no matter
what might happen, can not be too severely criticized. It indicated a very
short-sighted policy and was due either to a tendency to ignore the
Indians as people of no importance or to a lack of harmony and coöperation
among the departments at Washington. Such an assurance of continued
protection was not even framed until the second week in May and then the
Indian country was already threatened by the secessionists. Moreover, it
was framed and intended to be given by one department, the Interior, and
its fulfilment left to another, the War. It went out from the Indian
Office in the form of a circular letter,[114] addressed by Commissioner
William P. Dole to the chief executive[115] in each of the five great
tribes. It assured the Indians that President Lincoln had no intention of
interfering with their domestic institutions or of allowing government
agents or employees to interfere and that the War Department had been
appealed to to furnish all needed defense according to treaty guaranties.
The new southern superintendent, William G. Coffin of Indiana, was made
the bearer of the missive; but, unfortunately, quite a little time
elapsed[116] before the military situation[117] in the West would allow
him to assume his full duties or to reach his official headquarters,[118]
and, in the interval, he was detailed for other work. The Indians,
meanwhile, were left to their own devices and were obliged to look out for
their own defense as best they could.

To all appearances neither the legislative action of the Chickasaws and of
the Choctaws nor the work of the inter-tribal council was, at the time of
occurrence, reported officially to the United States government or, if
reported officially, then not pointedly so as to reveal its real bearings
upon the case in hand. All the agents within Indian Territory were as
usual southern men;[119] but may not have been directly responsible or
even cognizant of this particular action of their charges. The records
show that practically all of them, Cooper, Garrett, Cowart, Leeper, and
Dorn, were absent[120] from their posts, with or without leave, the first
part of the new year and that every one of them became or was already an
active secessionist.[121]

It has been authenticated and is well understood today that, as the
Southern States, one by one, declared themselves out of the Union or were
getting themselves into line for so doing, they prepared to further the
cause of secession among their neighbors and, for the purpose, sent agents
or commissioners to them, who organized the movement very much as the
Committees of Correspondence did a similar movement prior to the American
Revolution. In short, in the spring of 1861, the seceding states entered
upon active proselytism and at least two of them extended their labors to
and among the Indians. Those two were Texas and Arkansas. Missouri also
worked with the same end in view, so did Colorado, but apparently not so
much with the great tribes of Oklahoma as with the politically less
important of Kansas. Colorado, it is true, did operate to some extent upon
the Cherokees of the Outlet and upon the Wichitas, but mostly upon the
Indians of the western plains. No one can deny that, in the interests of
the Confederate cause, the project of sending emissaries even to the
Indians was a wise measure or refuse to admit that the contrasting
inactivity and positive indifference of the North was foolhardy in the
extreme. It indicated a self-complacency for which there was no
justification. More than that can with truth be said; for, from the
standpoint of political wisdom and foresight, the inactivity where the
Indians were concerned was conduct most reprehensible.

While Chickasaws and Choctaws, unsolicited,[122] were expressing
themselves, the secessionist sentiment was developing rapidly in Texas.
By the middle of February, conditions were such that steps might be taken
to order the evacuation of the state by Federal troops. This was finally
done under authority of the Committee of Public Safety[123] and the
general in command, D. E. Twiggs of Georgia, compliantly yielded. His
small show of resistance seemed, under the circumstances, a mere pretense,
although he had his reasons, and good ones too, perfectly satisfactory to
himself, for doing what he did. Two main conditions were attached to the
agreement of surrender;[124] one, exacted by General Twiggs, to the effect
that his men be allowed to retain their arms, commissary stores, camp and
garrison equipage, and the means of transportation; the other, exacted by
the Texan commissioners, that the troops depart by way of the coast and
not overland, as the United States War Department had designed when, a
short time before, it had ordered a similar removal.[125] The precaution
of forcing a coastwise journey[126] was taken by the Texan commissioners
to consume time and to prevent the troops being retained in states or
territories through which transit lay for possible future use against
Texas. The easy compliance of General Twiggs[127] undoubtedly merits some
censure and yet was perfectly well justified to his own conscience by the
exigencies of the situation and by the fact that he had repeatedly asked
for orders as to what he should do in the event of an emergency and had
received none. The circumstance of his surrender and the resulting triumph
of the secessionist element could not fail to have its effect upon the
watchful Indians to whom the exhibition of present power was everything.

That the Texan secessionists fully appreciated the strategic position of
the Indian nations and the absolute necessity of making some sort of terms
with them was brought out by the action of the convention at its first
session. An ordinance was passed "to secure the friendship and
co-operation of the Choctaw, Cherokee, Chickasaw, Creek, and Seminole
Nations of Indians;" and three men, James E. Harrison, James Bourland, and
Charles A. Hamilton, were appointed as commissioners[128] "to proceed to
said nations and invite their prompt co-operation in the formation of a
Southern Confederacy."[129]

Now before following these men in the execution of their mission, it may
be advisable, for breadth of view, to illustrate how Texas still further
made Indian relations an issue most prominent in all the earlier stages of
her secession movement; but at the very outset it must be admitted that,
in so doing, she differentiated carefully between the civilized and the
uncivilized tribes. With the one group she was ready to seek an alliance,
offensive and defensive, but with the other to wage a relentless,
exterminating war. The failure of the United States central government to
protect her against the aggressions and the atrocities so-called of the
wild tribes was cited by her as one principal justification for withdrawal
from the Union,[130] her obvious purpose being to gain thereby the
adherence of the northern counties, non-slaveholding but frontier. Almost
conversely, on the other hand, Governor Houston gave as one good and
sufficient reason for not withdrawing from the Union, the fear that should
the Union be dissolved the wild tribes, who were now, in a measure,
restrained from committing depredations and enormities by the very nature
of their treaty guaranties, would be literally let loose upon Texas.[131]
As far as the civilized tribes were concerned, however, all were of one
mind and that took the form of the conviction that so great was the
necessity of gaining and holding the confidence of the Indians, that Texas
must not procrastinate in joining her fortunes with those of her sister
states in the Confederacy.[132]

James E. Harrison and his colleagues started out upon the performance of
the duties assigned them, February 27, 1861. Their report[133] of
operations and of observations being somewhat difficult of access and its
contents not easily summarized, is herewith appended. Its fullness of
detail is especially to be commended.

    We ... crossed Red River and entered the Chickasaw Nation about thirty
    miles southwest of Fort Washita; visited and held a private conference
    with His Excellency Governor C. Harris and other distinguished men of
    that nation, who fully appreciated our views and the object of our
    mission. They informed us that a convention of the Chickasaws and
    Choctaws was in a few days to convene at Boggy Depot, in the Choctaw
    Nation, to attend to some municipal arrangements. We, in company with
    Governor Harris and others, made our way to Boggy Depot, conferring
    privately with the principal men on our route. We arrived at Boggy
    Depot on the 10th day of March. Their convention or council convened
    on the 11th. Elected a president of the convention (Ex-Governor
    Walker, of the Choctaw Nation); adopted rules of decorum. On the 12th
    we were waited on by a committee of the convention. Introduced as
    commissioners from Texas, we presented our credentials and were
    invited to seats. The convention then asked to hear us, when Mr. James
    E. Harrison addressed them and a crowded auditory upon the subject of
    our mission, setting forth the grounds of our complaint against the
    Government of the United States, the wrongs we had suffered until our
    patience had become exhausted, endurance had ceased to be a virtue,
    our duty to ourselves and children demanded of us a disruption of the
    Government that had ceased to protect us or to regard our rights;
    announced the severance of the old and the organization of a new
    Government of Confederate Sovereign States of the South, with a
    common kindred, common hopes, common interest, and a common destiny;
    discussed the power of the new Government, its influence, and wealth;
    the interest the civilized red man had in this new organization;
    tendering them our warmest sympathy and regard, all of which met the
    cordial approbation of the convention.

    The Choctaws and Chickasaws are entirely Southern and are determined
    to adhere to the fortunes of the South. They were embarrassed in their
    action by the absence of their agents and commissioners at Washington,
    the seat of Government of the Northern Confederacy, seeking a final
    settlement with that Government. They have passed resolutions
    authorizing the raising of a minute company in each county in the two
    nations, to be drilled for actual service when necessary. Their
    convention was highly respectable in numbers and intelligence, and the
    business of the convention was dispatched with such admirable decorum
    and promptness as is rarely met with in similar deliberative bodies
    within the States.

    On the morning of the 13th, hearing that the Creeks (or Maskokys) and
    Cherokees were in council at the Creek agency, on the Arkansas River,
    140 miles distant, we immediately set out for that point, hoping to
    reach them before their adjournment. In this we were disappointed.
    They had adjourned two days before our arrival. We reached that point
    on Saturday evening. On Sunday morning, hearing that there was a
    religious meeting five miles north of the Arkansas River, in the Creek
    Nation, Mr. James E. Harrison attended, which proved to be of the
    utmost importance to our mission. The Reverend Mr. H. S. Buckner was
    present, with Chilly McIntosh, D. N. McIntosh, Judge Marshall, and
    others, examining a translation of a portion of the Scriptures, hymn
    book, and Greek grammar by Mr. Buckner into the Creek language. Mr.
    Buckner showed us great kindness, and did us eminent service, as did
    also Elder Vandiven, at whose house we spent the night and portion of
    the next day with these gentlemen of the Creek Nation, and through
    them succeeded in having a convention of the five nations called by
    Governor Motey Kinnaird, of the Creeks, to meet at North Fork (Creek
    Nation) on the 8th of April.

    In the intermediate time we visited the Cherokee Nation, calling on
    their principal men and citizens, conversing with them freely until
    we reached Tahlequah, the seat of government. Near this place Mr. John
    Ross resides, the Governor of the nation. We called on him officially.
    We were not unexpected, and were received with courtesy, but not with
    cordiality. A long conference was had with him, conducted by Mr.
    Harrison on the part of the commissioners, without, we fear, any good
    result. He was very diplomatic and cautious. His position is the same
    as that held by Mr. Lincoln in his inaugural; declares the Union not
    dissolved; ignores the Southern Government. The intelligence of the
    nation is not with him. Four-fifths, at least, are against his views,
    as we learned from observation and good authorities. He, as we
    learned, had been urged by his people to call a council of the nation
    (he having the only constitutional authority to do so), to take into
    consideration the embarrassed condition of political affairs in the
    States, and to give some expression of their sentiments and
    sympathies. This he has persistently refused to do. His position in
    this is that of Sam. Houston in Texas, and in all probability will
    share the same fate, if not a worse one. His people are already
    oppressed by a Northern population letting a portion of territory
    purchased by them from the United States, to the exclusion of natives,
    and we are creditably informed that the Governors of some two or more
    of the Western free-soil States have recommended their people
    emigrating to settle the Cherokee country. It is due Mr. John Ross, in
    this connection, to say that during our conference with him he
    frequently avowed his sympathy for the South, and that, if Virginia
    and the other Border States seceded from the Government of the United
    States, his people would declare for the Southern Government that
    might be formed. The fact is not to be denied or disguised that among
    the common Indians of the Cherokees there exists a considerable
    abolition influence, created and sustained by one Jones, a Northern
    missionary of education and ability, who has been among them for many
    years, and who is said to exert no small influence with John Ross
    himself.

    From Tahlequah we returned to the Creek Nation, and had great
    satisfaction in visiting their principal men--the McIntoshes,
    Stidhams, Smiths, Vanns, Rosses, Marshalls, and others too numerous to
    mention. Heavy falls of rain occurred about the time the convention
    was to meet at North Fork, which prevented the Chickasaws and Choctaws
    from attending the council, the rivers and creeks being all full and
    impassable. The Creeks, Cherokees, Seminoles, Quapa, and Socks (the
    three latter dependencies of the Creeks) met on the 8th of April.
    After they had organized by calling Motey Kinnaird, the Governor of
    the Creeks, to the chair, a committee was appointed to wait on the
    commissioners present, James E. Harrison and Capt. C. A. Hamilton, and
    invite them to appear in the convention, when, by invitation, Mr.
    Harrison addressed the convention in a speech of two hours. Our views
    were cordially received by the convention. The Creeks are Southern and
    sound to a man, and when desired will show their devotion to our cause
    by acts. They meet in council on the 1st of May, when they will
    probably send delegates to Montgomery to arrange with the Southern
    Government.

    These nations are in a rapid state of improvement. The chase is no
    longer resorted to as means of subsistence, only as an occasional
    recreation. They are pursuing with good success agriculture and stock
    raising. Their houses are well built and comfortable, some of them
    costly. Their farms are well planned and some of them extensive and
    all well cultivated. They are well supplied with schools of learning,
    extensively patronized. They have many churches and a large membership
    of moral, pious deportment. They feel themselves to be in an exposed,
    embarrassed condition. They are occupying a country well suited to
    them, well watered, and fertile, with extensive fields of the very
    best mineral coal, fine salt springs and wells, with plenty of good
    timber, water powers which they are using to an advantage. Pure slate,
    granite, sandstone, blue limestone, and marble are found in abundance.
    All this they regard as inviting Northern aggression, and they are
    without arms, to any extent, or munitions of war. They declare
    themselves Southerners by geographical position, by a common interest,
    by their social system, and by blood, for they are rapidly becoming a
    nation of whites. They have written constitutions, laws, etc., modeled
    after those of the Southern States. We recommend them to the fostering
    care of the South, and that treaty arrangements be entered into with
    them as soon as possible. They can raise 20,000 good fighting men,
    leaving enough at home to attend to domestic affairs, and under the
    direction of an officer from the Southern Government would deal
    destruction to an approaching army from that direction, and in the
    language of one of their principal men:

    "Lincoln may haul his big guns about our prairies in the daytime, but
    we will swoop down upon him at night from our mountains and forests,
    dealing death and destruction to his army."

    No delay should be permitted in this direction. They cannot declare
    themselves until they are placed in a defensible position. The
    Administration of the North is concentrating his forces at Fort
    Washita, about twenty-four miles from the Texas line, and within the
    limits of the Chickasaw Nation. This fort could easily be taken by a
    force of 200 or 300 good men, and it is submitted as to whether in the
    present state of affairs a foreign government should be permitted to
    accumulate a large force on the borders of our country, especially a
    portion containing a large number of disaffected citizens who
    repudiate the action of the State.

    In this connection it may not be improper to state that from North
    Fork to Red River we met over 120 wagons, movers from Texas to Kansas
    and other free States. These people are from Grayton, Collin, Johnson,
    and Denton, a country beautiful in appearance, rich in soil, genial in
    climate, and inferior to none in its capacity for the production of
    the cereals and stock. In disguise, we conversed with them freely.
    They had proposed by the ballot box to abolitionize at least that
    portion of the State. Failing in this, we suppose at least 500 voters
    have returned whence they came.

    All of which is respectfully submitted this April 23, 1861....

Presumably, the suggestions, contained in the closing paragraphs of the
commissioners' report, in so far as they concerned Texas, were immediately
acted upon by her. It was very true, as the commissioners had reported,
that a change was taking place in the disposition of Federal troops within
the Indian country. About the middle of February, a complaint[134] had
been filed at the Indian Office by the Wichita agent, Matthew Leeper, to
the effect that men, claiming to be Choctaws and Chickasaws, were
trespassing upon the Leased District. The Reserve Indians asked for relief
and protection at the hands of their guardian, the United States
government. Shortly afterwards, perhaps in a measure in response to the
appeal or more likely, to a hint that everything was not quite as it
should be on the Texan border, Colonel William H. Emory, First United
States Cavalry, was ordered, March 13,[135] to take post at Fort Cobb. He
was then in Washington and, immediately upon his departure thence, was
ordered, March 18,[136] to form his regiment at Fort Washita instead, word
having come from the commander at that post,[137] in a report of the third
instant, of a threatened attack by Texans. In explanation of a policy so
vacillating, Emory was given to understand that the change of destination
was really made at the solicitation of the agent and delegation of the
Chickasaws. Those men were in Washington, out of reach of and apparently
out of sympathy with, the events transpiring at home. Agent Cooper,
secessionist though he was, probably did not altogether approve of the
interference of the Texans. At any rate, he shared the representations of
the Chickasaw delegation that Fort Washita stood in need of
reënforcement,[138] and the War Department acceded to their request on the
ground that, "The interests of the United States are paramount to those
of the friendly Indians on the reservation near Fort Cobb."[139]

Emory's orders further comprehended a concentration of all the troops at
Fort Washita that were then at that place and at Forts Cobb and
Arbuckle;[140] but the orders were discretionary in their nature and
permitted his leaving a small force at the more northern posts should
circumstances warrant or demand it. On the nineteenth, General Scott had
had a conference with Senator Charles B. Mitchell of Arkansas and, in
deference to Mitchell's opinion, still further modified his orders to
Emory so that, while leaving him the bulk of his discretionary power, he
recommended that, if advisable, Emory retain one company at Fort
Cobb.[141] In any event, one company of infantry was to move in advance
from Fort Arbuckle to Fort Washita.[142]

Up to the twenty-fourth of March, at which time he left Memphis, Colonel
Emory made pretty good time in his attempt to reach his destination; but
from Memphis on his movements were unavoidably and considerably hampered.
Low water in the Arkansas detained him for several days so that he deemed
it prudent to send his orders on ahead to the commanding officer at Fort
Arbuckle "to commence the movement upon Fort Washita, and, in the event of
the latter place being threatened, to march to its support with his whole
force."[143] On reaching Fort Smith, Emory found that matters had come to
a crisis in Arkansas and, touching the disposition of his force and the
objects of his mission, allowed himself to be unduly influenced in his
judgment by men of local predilections.[144] It was upon their advice and
upon the urgent pleadings of Matthew Leeper,[145] Indian agent on the
Leased District, that he exercised his discretionary power as to the
disposal of troops, without listening to his military subordinates[146] or
having viewed the locality for himself. In the interests of these local
petitioners,[147] he even enlarged upon Mitchell's recommendation and
concluded to leave two companies at Fort Cobb as one was deemed altogether
inadequate to the protection of so isolated a post. It never seems to
have occurred to him that the attack would have to come from the south,
from the direction of Fort Washita, and that a force large enough to be
efficient at either Fort Washita or Fort Arbuckle would necessarily
protect Fort Cobb and the Indians of the Leased District.

The position of the Indians in the Leased District was serious in the
extreme. They lived in mortal terror of the Texans and their agent, the
man placed over them by the United States government, was now an avowed
secessionist. He was a Texan and declared, as so many another southerner
did from General Lee down, that honor and loyalty compelled him to go with
his state. In February, he had been in Washington City, settling his
accounts with the government and estimating for the next two quarters in
accordance with the rulings and established usage of the Indian Office. On
his way west and back to his agency, he was waylaid by a man of the name
of "Burrow," very probably Colonel N. B. Burrow, acting under authority
from the state of Arkansas, who despoiled him of part of his travelling
equipment and then suffered him to go on his way.[148] Leeper reached his
agency to find the Indians greatly excited. He endeavored to allay their
fears, assuring them that the Texans would do them no harm. Soon, however,
came his own defection and he thenceforward made use of every means,
either to make the way easy for the Texans or to induce the Indians to
side with them against the United States.

While Emory was dilly-dallying at Fort Smith, the Texans made their
preparations[149] for invading the Indian country and a regiment of
volunteers under William C. Young, once a planter of Braganza County and
now state regimental colonel, moved towards the Red River. There is
something to show that they came at the veiled invitation[150] of the
Indians. At any rate they seem to have felt pretty sure of a welcome[151]
and were close at hand when Colonel Emory reached Fort Washita. He reached
Fort Washita to find that the concentration of troops, even of such as his
ill-advised orders would permit, had not yet fully taken place, that his
supplies had been seized by the Texans, and that a general attack by them
upon the poorly fortified posts was to be hourly expected. Emory,
thereupon, resolved to withdraw from Fort Washita towards Arbuckle and
Cobb. The day after he did so, April 16, Young's troops entered in force.
Emory hurried forward to strengthen Fort Cobb and, indeed, to relieve it,
taking, in his progress, the open prairie road that his cavalry might be
more available. On the way,[152] he was joined by United States troops
from Fort Arbuckle, the Texans in close pursuit. Fort Arbuckle was
occupied by them in turn and then Fort Cobb, Emory never so much as
attempting to enter the place; for he found its garrison in flight to the
northeast. Fugitives all together, the Federal troops, piloted by a
Delaware Indian, Black Beaver,[153] hurried onwards towards Fort
Leavenworth. They seem to have made no lengthy stop until they were safe
across the Arkansas River[154] and their flight may well be said to have
been a precipitous one. Behind them, at Fort Arbuckle, Colonel Young took
possession of abandoned property and placed it in the care of the
Chickasaw Indians,[155] who had materially aided him in his attack. His
next move was to negotiate,[156] unauthoritatively, a treaty with the
Reserve Indians, gaining the promise of their alliance upon the
understanding that the Confederacy, in return, would feed and protect
them. Fort Cobb was rifled and the Indians made rich, in their own
estimation, with booty.[157] Colonel Young seems then to have drawn back
towards the Red River; but for several months he continued to occupy with
his forces,[158] under the authority of Texas and with the consent of the
Chickasaw Indians, the three frontier posts that Emory had been instructed
to guard; viz., Forts Washita, Arbuckle, and Cobb.

If Texas took time by the forelock in her anxiety to secure the Indian
country and its inhabitants, Arkansas most certainly did the same; and, in
the undertaking, various things told to her advantage, among which, not
the least important was the close family relationship existing between her
secessionist governor, Henry M. Rector, and the southern superintendent.
They were cousins and, to all appearances, the best of friends. It is
doubtful if in any state the executive authority thereof worked more
energetically for secession or with greater consistency and promptitude
than in Arkansas. Governor Rector had been elected, in the autumn of 1860,
by the Democrats and old-line Whigs. He belonged to a numerous and most
influential family, land-surveyors most of them, seemingly by inheritance,
and, although from northern or border states originally, strongly
committed to the doctrine of state sovereignty. The family connections
were also powerful socially and politically. The gubernatorial
inauguration came in November, 1860, and from that moment Henry M. Rector
and his host of relations and friends worked for secession.

At the outset, Governor Rector identified the Indian interests with those
of Arkansas. Even in his message[159] of December 11, 1860 he gave it as
his opinion that the two communities must together take measures to
prevent anti-slavery migration. It was rather late in the day, however, to
intimate that men of abolitionist sentiments must not be allowed to cross
the line, and a man of the political acumen of Henry M. Rector must have
known it. Immediately after the general election there were evidences of
great excitement in Arkansas and, when news[160] came that the disused
arsenal at Little Rock was to be occupied by artillery under Captain James
Totten from Fort Leavenworth, it broke out into expressions of public
dissent. Little Rock was scarcely less radical and secessionist in its
views than was Fort Smith and Fort Smith was regarded as a regular hot-bed
of sectionalism. The legislature, too, was filled with state-rights
advocates and some of the actions taken there were almost revolutionary in
their trend. With the new year came new alarms and false reports of what
was to be. Harrell records[161] that the first message over the newly
completed telegraph line between Memphis and Little Rock was a repetition
of the rumor, quite without foundation, that Major Emory had been ordered
from Fort Gibson to reinforce Totten at Little Rock, and that the effect
upon Helena was electrical. It is no wonder that the newspapers and
personal communications[162] of the time showed great intensity of
feeling and a tendency to ring the changes on a single theme.

The public indignation following the receipt of the unsubstantiated rumor
that Totten was to be reënforced seems to have compelled the action of
Governor Rector in taking possession,[163] on February eighth, in the name
of the state of Arkansas, of the United States arsenal at Little Rock;
but, as a matter of fact, Rector needed only an excuse, and a very slight
one at that, for doing more than he had already done to prove his
sectional bias. Nor had he forgotten or neglected the Indians. Indeed,
never at any time did he leave a single stone unturned in his search for
inside and outside support; and, notwithstanding the fact that the
Arkansas Ordinance of Secession was not passed until the sixth of May,
Governor Rector conducted himself, for months before that, as though the
state were a bona fide member of the Confederacy. In all his audacious
venturings, proposals, and acts, he had the full and unquestioning
support, not only of his cousin, Elias Rector,[164] in whose honor Albert
Pike had written the well-known parody[165] on "The Old Scottish
Gentlemen;"[166] but of the leading citizens of Fort Smith and Little
Rock, particularly of those whose previous occupations, residence,
inclinations, or interests had made them conversant with Indian affairs
and, therefore, unusually appreciative of the strategic value of the
Indian country. Under such circumstances, it is not at all surprising that
Governor Rector seized, as he did, the earliest[167] opportunity to
approach the Cherokees. Fort Smith at the junction of the Arkansas and
Poteau Rivers was only eighty miles from Fort Gibson.

Before taking up for special comment Governor Rector's negotiations with
the Cherokees through their principal chief, John Ross, it might be well
to retrace our steps a little in order to show how, in yet other ways,
Arkansas interested herself more than was natural in the concerns of the
Indians and made some of her citizens, in the long run, more than
ordinarily responsible for the development of secessionist sentiment among
the southern tribes.

When David Hubbard, journeying westward as special secessionist
commissioner[168] from Alabama to Arkansas, reached Little Rock--and that
was in the early winter of 1861--he soon discovered that many Arkansans
were not willing for their state to go out of the Union unless she could
take Indian Territory with her. Hubbard's letter,[169] descriptive of the
situation, is very elucidating. It is addressed to Andrew B. Moore,[170]
governor of Alabama, and bears date Kinloch, Alabama, January third.

    MY DEAR SIR: On receipt of your letter and appointment as commissioner
    from Alabama to Arkansas, I repaired to Little Rock and presented my
    credentials to the two houses, and also your letter to Governor
    Rector, by all of whom I was politely received. The Governor of
    Arkansas was every way disposed to further our views, and so were many
    leading and influential members of each house of the Legislature, but
    neither are yet ready for action, because they fear the people have
    not yet made up their minds to go out. The counties bordering on the
    Indian nations--Creeks, Cherokees, Choctaws, and Chickasaws--would
    hesitate greatly to vote for secession, and leave those tribes still
    under the influence of the Government at Washington, from which they
    receive such large stipends and annuities. These Indians are at a spot
    very important, in my opinion, in this great sectional controversy,
    and must be assured that the South will do as well as the North before
    they could be induced to change their alliances and dependence. I have
    much on this subject to say when I get to Montgomery, which cannot
    well be written. The two houses passed resolutions inviting me to meet
    them in representative hall and consult together as to what had best
    be done in this matter. When I appeared men were anxious to know what
    the seceding States intended to do in certain contingencies. My
    appointment gave me no authority to speak as to what any State would
    do, but I spoke freely of what, in my opinion, we ought to do. I took
    the ground that no State which had seceded would ever go back without
    full power being given to protect themselves by vote against
    anti-slavery projects and schemes of every kind. I took the position
    that the Northern people were honest and did fear the divine
    displeasure, both in this world and the world to come, by reason of
    what they considered the national sin of slavery, and that all who
    agreed with me in a belief of their sincerity must see that we could
    not remain quietly in the same Government with them. Secondly, if they
    were dishonest hypocrites, and only lied to impose on others and make
    them hate us, and used anti-slavery arguments as mere pretexts for the
    purpose of uniting Northern sentiment against us, with a view to
    obtain political power and sectional dominion, in that event we ought
    not to live with them. I desired any Unionist present to controvert
    either of these positions, which seemed to cover the whole ground. No
    one attempted either, and I said but little more. I am satisfied, from
    free conversations with members of all parties and with Governor
    Rector, that Arkansas, when compelled to choose, will side with the
    Southern States, but at present a majority would vote the Union
    ticket. Public sentiment is but being formed, but must take that
    direction....

What, in addition to that just cited, Hubbard had to say about the Indians
or about the profit accruing from close contact with them, we have no way
of knowing; but we have a right to be suspicious of the things that have
to be communicated by word of mouth only, especially in this instance,
when we remember that white men have always made the Indians subjects of
exploitation and that Hubbard was the man whom the southern Confederacy
chose for its first commissioner of Indian affairs, also that Hubbard's
first outline of work, as commissioner, in truth, his only outline,
comprehended an extended visit to the Indians before whom he proposed to
expatiate on the financial advantages of an adherence to the Confederacy
and the inevitable financial ruin that must come from continued loyalty to
the Union. All things considered, it would surely seem that in Hubbard's
mind the money question was always uppermost.

But there were others to whom the Indian income was a thing of interest.
At the earlier meeting of the Arkansas convention, a resolution[171] had
been passed, March 9, 1861, authorizing an inquiry to be made into the
annual cost to the United States government of the Indian service west of
Arkansas. The state administration had already seized[172] the Indian
funds on hand, an opportunity to do so having offered itself upon the
occasion of the death[173] of the United States disbursing officer, Major
P. T. Crutchfield. But, later, for fear that this might work prejudice
with the Indians a resolution[174] was passed providing that the money
should not be diverted from its proper uses. Because of such actions and
others of like direction, it is certainly safe to assume that pecuniary
considerations made the frontiersmen of 1861 vitally interested in Indian
affairs. The same influences that moved Hubbard to write his letter to
Governor Moore with special mention of the Indians unquestionably moved
the citizens of Boonsboro to try,[175] without much further ado, the
temper of the Cherokees.

Returning now to Governor Rector and to a recital of his endeavors with
the same Indian people, it is seen that his approach to the Cherokees was
made, as has been already intimated, through their principal chief, John
Ross, and by means of the following most excellently worded letter:

    THE STATE OF ARKANSAS, EXECUTIVE DEPARTMENT,
      Little Rock, January 29, 1861.

    TO HIS EXCELLENCY JOHN ROSS,
      Principal Chief Cherokee Nation:

    SIR: It may now be regarded as almost certain that the States having
    slave property within their borders will, in consequence of repeated
    Northern aggressions, separate themselves and withdraw from the
    Federal Government.

    South Carolina, Alabama, Florida, Mississippi, Georgia, and Louisiana
    have already, by action of the people, assumed this attitude.
    Arkansas, Missouri, Tennessee, Kentucky, Virginia, North Carolina, and
    Maryland will probably pursue the same course by the 4th of March
    next. Your people, in their institutions, productions, latitude, and
    natural sympathies, are allied to the common brotherhood of the
    slaveholding States. Our people and yours are natural allies in war
    and friends in peace. Your country is salubrious and fertile, and
    possesses the highest capacity for future progress and development by
    the application of slave labor. Besides this, the contiguity of our
    territory with yours induces relations of so intimate a character as
    to preclude the idea of discordant or separate action.


[Illustration: JOHN ROSS, PRINCIPAL CHIEF OF THE CHEROKEES [_From
Smithsonian Institution, Bureau of American Ethnology_]]


    It is well established that the Indian country west of Arkansas is
    looked to by the incoming administration of Mr. Lincoln as fruitful
    fields, ripe for the harvest of abolitionism, free-soilers, and
    Northern mountebanks.

    We hope to find in your people friends willing to co-operate with the
    South in defense of her institutions, her honor, and her firesides,
    and with whom the slaveholding States are willing to share a common
    future, and to afford protection commensurate with your exposed
    condition and your subsisting monetary interests with the General
    Government.

    As a direct means of expressing to you these sentiments, I have
    dispatched my aide-de-camp, Lieut. Col. J. J. Gaines, to confer with
    you confidentially upon these subjects, and to report to me any
    expressions of kindness and confidence that you may see proper to
    communicate to the governor of Arkansas, who is your friend and the
    friend of your people. Respectfully, your obedient servant,

        HENRY M. RECTOR, Governor of Arkansas.[176]

Lieutenant Gaines duly started out upon his mission and upon reaching Fort
Smith interviewed Superintendent Rector and received from him a letter of
introduction[177] to John Ross, which was, in effect, a hearty endorsement
of the governor's project. An inkling of what Gaines was about soon came
to the ears of A. B. Greenwood, an Arkansan, a state-rights man, and
United States commissioner of Indian affairs. At the moment he was the
official, intent upon doing his duty, nothing more. It was then in his
official capacity that he straightway demanded of Agent Cowart an
explanation of Gaines's movements; but Cowart was privy to Governor
Rector's plans undoubtedly, a Georgian, a secessionist, and one of those
illiterate, disreputable, untrustworthy characters that frontier or
garrison towns seem always to produce or to attract, the kind,
unfortunately for its own reputation and for the Indian welfare, that the
United States government has so often seen fit to select for its Indian
agents. More than that, Cowart was a man of such base principles that he
could commercialize with impunity a great cause and calmly continue to
hold office under and to draw pay from one government while secretly
plotting against it in the interests of another. On this occasion he
attempted a denial[178] of the presence of Rector's commissioner at Fort
Smith; but the Indian Office had soon good proof[179] that a commissioner
had been there and that he had proceeded thence to the Cherokee country.
It was no other than Gaines, of course, who, when once he had delivered
the Rector letters to Ross, saw fit, in the further interests of his
mission, to attend the inter-tribal council at the Creek Agency.

John Ross did not reply to Governor Rector's communication until the
anniversary of George Washington's birthday and he then expressed the same
ideas of concern, of sympathy, but also those of positive neutrality that
had characterized his advice to the Indian conferees. He scouted, though,
the very idea of the incoming administration's planning to abolitionize
the Indian country while at the same time he manifested his utter
disapproval of it. This is what he said:

    TAHLEQUAH, CHEROKEE NATION, February 22, 1861.

    HIS EXCELLENCY HENRY M. RECTOR, Governor of Arkansas:

    Sir: I have the honor to acknowledge the receipt of Your Excellency's
    communication of the 29th ultimo, per your aide-de-camp, Lieut. Col.
    J. J. Gaines.

    The Cherokees cannot but feel a deep regret and solicitude for the
    unhappy differences which at present disturb the peace and quietude of
    the several States, especially when it is understood that some of the
    slave States have already separated themselves and withdrawn from the
    Federal Government and that it is probable others will also pursue the
    same course.

    But may we not yet hope and trust in the dispensation of Divine power
    to overrule the discordant elements for good, and that, by the counsel
    of the wisdom, virtue, and patriotism of the land, measures may
    happily be adopted for the restoration of peace and harmony among the
    brotherhood of States within the Federal Union.

    The relations which the Cherokee people sustain toward their white
    brethren have been established by subsisting treaties with the United
    States Government, and by them they have placed themselves under the
    "protection of the United States and of no other sovereign whatever."
    They are bound to hold no treaty with any foreign power, or with any
    individual State, nor with the citizens of any State. On the other
    hand, the faith of the United States is solemnly pledged to the
    Cherokee Nation for the protection of the right and title in the
    lands, conveyed to them by patent, within their territorial
    boundaries, as also for the protection of all other of their national
    and individual rights and interests of persons and property. Thus the
    Cherokee people are inviolably allied with their white brethren of
    the United States in war and friends in peace. Their institutions,
    locality, and natural sympathies are unequivocally with the
    slave-holding States. And the contiguity of our territory to your
    State, in connection with the daily, social, and commercial
    intercourse between our respective citizens, forbids the idea that
    they should ever be otherwise than steadfast friends.

    I am surprised to be informed by Your Excellency that "it is well
    established that the Indian country west of Arkansas is looked to by
    the incoming administration of Mr. Lincoln as fruitful fields ripe for
    the harvest of abolitionism, free-soilers, and Northern mountebanks."
    As I am sure that the laborers will be greatly disappointed if they
    shall expect in the Cherokee country "fruitful fields ripe for the
    harvest of abolitionism," &c., you may rest assured that the Cherokee
    people will never tolerate the propagation of any obnoxious fruit upon
    their soil.

    And in conclusion I have the honor to reciprocate the salutation of
    friendship.

    I am, sir, very respectfully, Your Excellency's obedient servant,

        JNO. ROSS, Principal Chief Cherokee Nation.[180]

The Arkansas state convention, sanctioned by popular vote, met, by
authority of the governor's proclamation, March fourth. Its members were
inclined to temporize, however; for, as Harrell says, they were
coöperationists[181] rather than secessionists and their policy of
temporizing they carried out even in the provision made for reassembling
after adjournment. David Walker, the president of the convention, was out
of sympathy with this; and, at the first news of the attack upon Fort
Sumter and while passion and excitement were still at fever heat,
called[182] an extra session for the sixth of May. The regular session was
not to come until the nineteenth of August. Coincidently Governor Rector
again showed where his sympathies lay by refusing[183] President Lincoln's
call for troops.

The Arkansas Ordinance of Secession was passed on the sixth of May. S. R.
Cockrell had proved himself a good prophet; for, writing jubilantly to L.
P. Walker, on the twenty-first of April, on the progress of secession, he
had said,[184] "Arkansas will go out 6th of May before breakfast. The
Indians come next." His closing remark had some foundation for its
utterance. Intelligent and prominent Indians were to be found in the very
ranks of the Arkansas secessionists. E. C. Boudinot, a Cherokee, an enemy
and rival of John Ross, and later Cherokee delegate in the Confederate
Congress, was secretary[185] of the convention. M. Kennard, a leading and
a principal Creek chief, seems also to have been influential. The alliance
of the Indians was yet being sought.[186]

The secession ordinance once safely launched, the Arkansas convention
turned its attention without equivocation to Indian concerns. On the tenth
of May, for instance, it followed the example set by Texas and passed a
resolution,[187] authorizing the president of the convention to appoint
three delegates to visit Indian Territory. The men appointed were, S. L.
Griffith of Sebastian County (the same man, interestingly enough to whom
the United States government had recently offered[188] the Southern
Superintendency), J. Murphy of Madison County, and G. W. Laughinghouse of
St. Francis County. Two of these counties were on or near the border.
Sebastian was on the border and Madison not far inland, so Griffith and
Murphy very probably realized the full significance of their mission. On
the eleventh of May, the convention tried to pass another resolution,[189]
indicative of a community of interests between Arkansas and the Indian
country. This resolution failed, but, had it passed, it would have prayed
the president of the Confederate States to erect a military department or
division out of Arkansas and Indian Territory. As it was, the convention
contented itself, on this occasion, with empowering[190] Brigadier-general
Pearce[191] to coöperate with Brigadier-general McCulloch.[192] It took
this action on the twenty-first of May and on the twenty-eighth it
received a communication[193] from Elias Rector concerning the Choctaws
and Chickasaws.

Almost simultaneously with this legislative activity, solicitation of the
Indians came from yet other directions. On the eighth of May,
Brigadier-general B. Burroughs of the Arkansas militia took it upon
himself to make an appeal to the Chickasaws, which he did in this wise:

    HEADQUARTERS EIGHTH BRIGADE, FIRST DIVISION, ARKANSAS MILITIA,
      Fort Smith, Ark., May 8, 1861.

    GOV. C. HARRIS: To-day we have information that Arkansas, in
    Convention, has seceded, by a vote 69 to 1. Tennessee has also
    seceded, and made large appropriations and ordered an army of 50,000
    men.

    Arkansas has for several days past been in arms on this frontier for
    the protection (of) citizens, and the neighboring Indian nations whose
    interests are identical with her own.

    I have news through my scouts that the U. S. troops have abandoned the
    forts in the Chickasaw country.

    Under my orders from the commander-in-chief and governor of Arkansas,
    I feel authorized to extend to you such military aid as will be
    required in the present juncture of affairs to occupy and hold the
    forts.

    I have appointed Col. A. H. Word, one of the State senators, and
    Captain Sparks, attached to this command, commissioners to treat and
    confer with you on this subject. These gentlemen are fully apprised of
    the nature of the powers intrusted to myself by the governor of this
    State, and are authorized to express to you my views of the subject
    under consideration. I ask, therefore, that you express to them your
    own wishes in the premises, and believe, my dear sir, that Arkansas
    cherishes the kindest regards for your people.

    I have the honor to subscribe myself, with sentiments of regard, your
    excellency's friend and servant,

        B. BURROUGHS, Brigadier-General, Commanding.[194]

The impudence and calm effrontery of this has its humorous side and would
seem even ridiculous were it not for the fact that we are bound to
remember that the Indians took it all so very seriously. It was true
enough, as Burroughs said, that the Federal troops had abandoned the
Indian country; but against whom were the forts to be held? Surely not
against the Federals. Furthermore, what need was there for Arkansas to
interest herself in the Chickasaw forts, since the Texan troops were
already in possession? Is it possible to suppose that Burroughs's scouts,
who had found out so much about the withdrawal of the Federal forces, had
not discovered the work of the Texans in contributing thereto? The
Chickasaws were particularly friendly to the secessionists and, in this
same month of May, passed, by means of their legislature, those eight
resolutions[195] in which they gave such strong expression to their
views, at the same time, however, giving the Southern States clearly to
understand that they knew the extent of their own rights and were
determined to hold fast to them. They also declared that they wished to
hold their forts themselves.

On the ninth of May, the Indians were still further addressed and this
time by the citizens of Boonsboro, Arkansas, whose appeal has already been
referred to and quoted.[196] The appeal was made through the medium of a
letter to John Ross and of him the citizens of Boonsboro inquired where he
intended to stand; inasmuch as they much preferred "an open enemy to a
doubtful friend." They earnestly hoped, they said, to find in him and his
people "true allies and active friends." On the fifteenth of May, J. R.
Kannady, lieutenant-colonel, commanding at Fort Smith, also
communicated[197] with Ross and on the same subject, his immediate
provocation being the report that Senator James H. Lane was busy raising
troops in Kansas to be used against Missouri and Arkansas. Of the Kannady
letter, John B. Luce was the bearer and, to it, Ross replied[198] on the
seventeenth, the very day that he published his great proclamation[199] of
neutrality; for the otherwise most sensible John Ross labored under the
delusion that the Indians would be allowed to figure as silent witnesses
of events. In this respect, he was, however, on slightly firmer ground
than were the citizens of such a state as Kentucky; but, none the less, he
labored under a delusion as he soon found out to his sorrow. His
proclamation of neutrality was intended as a final and conclusive
answer[200] to all interrogatories like that from Boonsboro.




III. THE CONFEDERACY IN NEGOTIATION WITH THE INDIAN TRIBES


The provisional government of the Confederate States showed itself no less
anxious and no less prompt than the individual states in its endeavor to
secure the Indian country and the Indian alliance. On the twenty-first of
February, 1861, the very same day that the law was passed for the
establishment of a War Department of which Leroy P. Walker of Alabama took
immediate charge, William P. Chilton, member[201] of the Provisional
Congress from Alabama, offered in that body a resolution to the effect,
that the Committee on Indian Affairs be instructed to inquire into the
expediency of opening up negotiations with the Indian tribes of the West
in relation to all matters concerning the mutual welfare of said tribes
and the people of the Confederate States.[202] The resolution was adopted.
Four days later, Edward Sparrow of Louisiana asked that the same committee
be instructed to consider the advisability of appointing agents to those
same Indian tribes.[203] The Indian committee, at the time, was composed
of Jackson Morton of Florida, Lawrence M. Keitt of South Carolina, and
Thomas N. Waul of Texas. Robert W. Johnson became a member after Arkansas
had seceded and had been admitted to the Confederacy.

Preliminary steps such as these led naturally to a comprehension of the
need for a Bureau of Indian Affairs[204] and, on the twelfth of March,
President Davis recommended[205] that one be organized and a commissioner
of Indian affairs appointed. His recommendations were acted upon without
delay and a law[206] in conformity with them passed. This happened on the
fifteenth of March and on the day following, the last of the session,
Davis nominated David Hubbard,[207] ex-commissioner[208] from Alabama to
Arkansas, for the Indian portfolio. For some time, however, Hubbard had
little to do.[209] It is wise therefore to leave him for a while and
resume the examination of congressional work.

The journal entries through February and March show that the Provisional
Congress had, not infrequently, Indian matters placed before it and, at
times presumably, communications direct from the tribes. On the fourth of
March, Robert Toombs, himself on the Finance Committee and at the same
time Secretary of State,[210] offered the following resolution:[211]

    _Resolved_, That the President be, and he is hereby authorized to send
    a suitable person as special agent of this Government to the Indian
    tribes west of the State of Arkansas.

Whether this was called forth by the investigations of the Committee on
Indian Affairs under the Chilton resolution of the twenty-first of
February or whether it grew out of a correspondence between Toombs and
Albert Pike does not appear. Toombs and Pike were friends, brother
Masons[212] in fact, and then or soon afterwards in intimate
correspondence on the subject of Indian relations. The resolution passed,
but there the matter seems to have rested for a time. On the tenth of May,
William B. Ochiltree proposed[213] that the Committee on Indian Affairs
consider the condition of Reserve Indians in Texas; and, on the fifteenth,
a most important measure was introduced[214] in the shape of a bill,
reported by Keitt from the Committee on Indian Affairs, "for the
protection of certain Indian tribes." This opened up the whole subject of
prospective relations with the great tribes of Indian Territory and,
taken in connection with the provision for a special commissioner, was
fruitful of great results.

On the seventh of May, Thomas A. Harris of Missouri had made the
Provisional Congress acquainted with some Choctaw and Chickasaw
resolutions,[215] which, in themselves, seemed indicative of a friendly
disposition towards the South. This fact lent to the bill for the
assumption of a protectorate a large significance. Congress considered it,
for the most part, in secret session. The text of the act as finally
passed does not appear in any of the published[216] statutes of the
Confederate States; but, under the act, Albert Pike, special commissioner
for the purpose appointed by President Davis, negotiated all his
remarkable treaties with the western tribes. Three sections of the law,
those added to the original bill by way of amendment, appear in the
Provisional Congress _Journal_.[217] They are strictly financial in their
nature and are as follows:

    _Sec. 6._ And be it further enacted, That the Confederate States do
    hereby assume the duty and obligation of collecting and paying over as
    trustees to the several Indian tribes now located in the Indian
    Territory south of Kansas, all sums of money accruing, whether from
    interest or capital of the bonds of the several States of this
    Confederacy now held by the Government of the United States as
    trustees for said Indians or any of them; and the said interest and
    capital as collected shall be paid over to said Indians or invested
    for their account, as the case may be, in accordance with the several
    treaties and contracts now existing between said Indians and the
    Government of the United States.

    _Sec. 7._ That the several States of this Confederacy be requested to
    provide by legislation or otherwise that the capital and interest of
    the bonds issued by them respectively, and held by the Government of
    the United States in trust for said Indians, or any of them, shall not
    be paid to said Government of the United States, but shall be paid to
    this Government in trust for said Indians.

    _Sec. 8._ That it shall be the duty of the Commissioner of Indian
    Affairs to obtain and publish, at as early a period as practicable, a
    list of all the bonds of the several States of this Confederacy now
    held in trust by the Government of the United States as aforesaid, and
    to give notice in said publication that the capital and interest of
    said bonds are to be paid to this Government and to no other holder
    thereof whatever.

Before this bill for the protection of the Indians had come up for
discussion or had even emerged from the rooms of the Committee on Indian
Affairs, Albert Pike, in letters to Toombs and R. W. Johnson, had pointed
out most emphatically the military necessity of securing[218] the Indian
country. His conviction was strong that the United States had no idea of
permanently abandoning the same but would soon replace the regular troops,
it had withdrawn from thence, by volunteers. Pike discussed the matter
with N. Bart Pearce and the two agreed[219] that there was no time to lose
and that something must be done forthwith to prevent the possibility of
Federal emissaries gaining a foothold among the great tribes; for, if they
did gain such a foothold, their influence was likely to be very great,
especially among the Cherokees who might be regarded as predisposed to
favor them, they having many abolitionists on their tribal rolls. Whether,
at so early a date, Pike thought formal negotiation, as had been
customary, the preferable method of procedure, we are not prepared to say,
positively. Formal negotiation was scarcely consistent with the southern
argument of Jackson's time or consonant with present state-rights
doctrine. When writing[220] to Johnson on the eleventh of May, Pike seems
to have been thinking simply of Indian enlistment and of the use of white
and red troops in the defense of the Indian country. At that date his own
appointment[221] as diplomatic agent for the negotiation of treaties of
amity and alliance was certainly not prominently before him. He expressed
himself to Johnson in such a way, indeed, as would lead us to suppose that
the position he half expected to get, and did not altogether want, was
that of commander of an Indian Department which he hoped would be created.

For such a position Pike was not entirely unfitted. He had served in the
Mexican War and had attained the rank of captain; but his tastes were
certainly not what one would call military. He was a poet[222] of
acknowledged reputation and a lawyer of eminence. Arkansas had recognized
him as one of her foremost citizens by sending him as her one and only
delegate to the Commercial Convention[223] of Southern and Western
States, held at Charleston, South Carolina, April, 1854. Just recently, at
the time when the question of secession was before the people of Arkansas,
he had issued a pamphlet, entitled, _State or Province, Bond or Free_,
described by a contemporary as, "a most specious argument for secession,
but a re-production of the political heresies, that thirty years ago
called down on John C. Calhoun, the anathema maranatha of Andrew
Jackson."[224] To the men of his time, it seemed all the more astonishing
that Albert Pike should take such a pronounced stand on the subject of
state rights, not because he was a New Englander by birth, for there were
many such in Arkansas and in the ranks of the secessionists, but because
he was the author of that stirring poem against the idea of national
disintegration, published some time before under the title of,
"Disunion."[225]

On the twentieth of May, Pike wrote[226] again to Toombs and by that time
he certainly knew[227] of his commission to treat with the Indian tribes,
but had apparently not received any very definite instructions as to the
scope of his authority. One little passage in the letter brings out very
clearly the essential fair-mindedness of the man, a marked characteristic
in all[228] his dealings with the Indians, but at once his strength and
his weakness. He succeeded with the red man for the very same reason that
he failed with the white, because he gave to the Indians the
consideration and the justice which were their due. This is the
significant passage from his letter to Toombs:[229]

    I very much regret that I have not received distinct authority to give
    the Indians guarantees of all their legal and just rights under
    treaties. It cannot be expected they will join us without them, and it
    would be very ungenerous, as well as unwise and useless, in me to ask
    them to do it. Why should they, if we will not bind ourselves to give
    them what they hazard in giving us their rights under treaties?

    As you have told me to act at my discretion, and as I am not directed
    not to give the guarantees, I shall give them, formal, full, and
    ample, by treaty, if the Indians will accept them and make treaties.
    General McCulloch will join me in this, and so, I hope and suppose,
    will Mr. Hubbard, and when we shall have done so we shall, I am sure,
    not look in vain to you, at least, to affirm these guarantees and
    insist they shall be carried out in good faith.

There was an implied doubt of Hubbard in Pike's reference to him and a
single future declaration almost justified the doubt, notwithstanding the
fact that Hubbard was supposed to have been chosen as commissioner of
Indian affairs because of his "well known sympathy for the Indian tribes
and the deep concern" he had ever "manifested in their welfare."
Hubbard's official position was that of Commissioner of Indian Affairs;
but the unorganized character of the Confederate administration in early
1861 is well attested by the way Secretary Walker confounded the name and
functions of that office with those of an ordinary superintendent. On the
fourteenth of May, he addressed Hubbard as "Superintendent of Indian
Affairs" and instructed him

    To proceed to the Creek Nation, and to make known to them, as well as
    to the rest of the tribes west of Arkansas and south of Kansas ... the
    earnest desire of the Confederate States to defend and protect them
    against the rapacious and avaricious designs of their and our enemies
    at the North.... You will, in an especial manner, impress upon the
    Creek Nation and surrounding Indian tribes the imperious fact that
    they will doubtless recognize, that the real design of the North and
    the Government at Washington in regard to them has been and still is
    the same entertained and sought to be enforced against ourselves, and
    if suffered to be consummated, will terminate in the emancipation of
    their slaves and the robbery of their lands. To these nefarious ends
    all the schemes of the North have tended for many years past, as the
    Indian nations and tribes well know from the character and conduct of
    those emissaries who have been in their midst, preaching up abolition
    sentiments under the disguise of the holy religion of Christ, and
    denouncing slaveholders as abandoned by God and unfit associates for
    humanity on earth.

    You will be diligent to explain to them, under these circumstances,
    how their cause has become our cause, and themselves and ourselves
    stand inseparably associated in respect to national existence and
    property interests; and in view of this identification of cause and
    interests between them and ourselves, entailing a common destiny, give
    to them profound assurances that the Government of the Confederate
    States of America, now powerfully constituted through an immense
    league of sovereign political societies, great forces in the field,
    and abundant resources, will assume all the expense and responsibility
    of protecting them against all adversaries....

    Give them to understand, in this connection, that a brigadier-general
    of character and experience has been assigned to the military district
    embracing the Indian Territories south of Kansas, with three regiments
    under his command, while in Texas another military district has been
    formed....

    In addition to these things, regarded of primary importance, you will,
    without committing the Government to any especial conduct, express our
    serious anxiety to establish and enforce the debts and annuities due
    to them from the Government at Washington, which otherwise they will
    never obtain, as that Government would, undoubtedly, sooner rob them
    of their lands, emancipate their slaves, and utterly exterminate them,
    than render to them justice. Finally, communicate to them the abiding
    solicitude of the Confederate States of America to advance their
    condition in the direction of a proud political society, with a
    distinctive civilization, and holding lands in severalty under
    well-defined laws, by forming them into a Territorial government; but
    you will give no assurance of State organization and independence, as
    they still require the strong arm of protecting power, and may
    probably always need our fostering care; and, so far as the agents of
    the late Government of the United States may be concerned, you will
    converse with them, and such of them as are willing to act with you in
    the policy herein set forth you are authorized to substantiate in the
    employment of this Government at their present compensation....[230]

Hubbard's mission to the west was quite independent[231] of Pike's,
although both missions were undoubtedly part of the one general plan of
securing as quickly, as surely, and as easily as possible the friendly
coöperation of the Indians. At about the same moment that they were
devised, the Confederacy took yet another means of accomplishing the same
object and one referred to in the letter of Secretary Walker just quoted.
On the thirteenth of this same month of May, 1861, it assigned
Brigadier-general Ben McCulloch "to the command of the district embracing
the Indian Territory lying west of Arkansas and south of Kansas."
McCulloch's orders[232] were "to guard that Territory against invasion
from Kansas or elsewhere," and, for the purpose, in addition to three
regiments of white troops, "to engage, if possible, the service of any of
the Indian tribes occupying the Territory referred to in numbers equal to
two regiments."

Hubbard's part in the prosecution of this great endeavor may as well be
disposed of first. It was of short duration and seemingly barren of direct
results. Hubbard was long in reaching the western boundary of Arkansas. On
the way out he was seized with pneumonia and otherwise delayed by wind and
weather. On the second of June he was still in Little Rock, apparently
much more interested[233] in the local situation in Arkansas than in the
real object of his mission. His intention was to "go up the river to Fort
Smith," June third. From that point, on the twelfth, he addressed the
Cherokee chief, John Ross, and the Confederate general, Ben McCulloch. The
letter was more particularly meant for the former.

    As Commissioner of Indian Affairs of the Confederate States it was my
    intention to have called upon you and consulted as to the mutual
    interests of our people. Sickness has put it out of my power to
    travel, and those interests require immediate consideration, and
    therefore I have determined to write, and make what I think a plain
    statement of the case for your consideration, which I think stands
    thus: If we succeed in the South--succeed in this controversy, and I
    have no doubt of the fact, for we are daily gaining friends among the
    powers of Europe, and our people are arming with unanimity scarcely
    ever seen in the world before--then your lands, your slaves, and your
    separate nationality are secured and made perpetual, and in addition
    nearly all your debts are in Southern bonds, and these we will also
    secure. If the North succeeds you will most certainly lose all. First
    your slaves they will take from you; that is one object of the war, to
    enable them to abolish slavery in such manner and at such time as they
    choose. Another, and perhaps the chief cause, is to get upon your rich
    lands and settle their squatters, who do not like to settle in slave
    States. They will settle upon your lands as fast as they choose, and
    the Northern people will force their Government to allow it. It is
    true they will allow your people small reserves--they give chiefs
    pretty large ones--but they will settle among you, overshadow you, and
    totally destroy the power of your chiefs and your nationality, and
    then trade your people out of the residue of their lands. Go North
    among the once powerful tribes of that country and see if you can find
    Indians living and enjoying power and property and liberty as do your
    people and the neighboring tribes from the South. If you can, then say
    I am a liar, and the Northern States have been better to the Indian
    than the Southern States. If you are obliged to admit the truth of
    what I say, then join us and preserve your people, their slaves, their
    vast possessions in land, and their nationality.

    Another consideration is your debts, annuities, &c., school funds due
    you. Nearly all are in bonds of Southern States and held by the
    Government at Washington, and these debts are nearly all forfeited
    already by the act of war made upon the States by that Government.
    These we will secure you beyond question if you join us. If you join
    the North they are forever forfeited, and you will have no right to
    believe that the Northern people would vote to pay you this forfeited
    debt. Admit that there may be some danger take which side you may, I
    think the danger tenfold greater to the Cherokee people if they take
    sides against us than for us. Neutrality will scarcely be possible. As
    long as your people retain their national character your country
    cannot be abolitionized, and it is our interest therefore that you
    should hold your possessions in perpetuity.[234]

The effect that such a communication as the foregoing might well have had
upon the Indians can scarcely be overestimated. Time out of number they
had been over-reached in dealings financial. Only the year before, bonds
in which Indian trust funds were invested had been abstracted[235] from
the vaults of the Interior Department; and, for this cause and other
causes, Indian money had not been readily forthcoming for the much needed
relief of Indian sufferers from the fearful drought that devastated Indian
Territory, Kansas, and other parts of the great American desert in 1860.

Comment upon Hubbard's letter from the standpoint of historical inaccuracy
seems hardly necessary here. Suffice it to say that the distortion of
facts and the shifting of responsibility for previous Indian wrongs from
the shoulders of Southern States to those of a federal government made up
entirely of northern states must have seemed preposterous in the extreme
to the Indians. One can not help wondering how Hubbard dared to say such
things to the Indian exiles from Southern States and particularly to John
Ross who like all of his tribe and of associated tribes was the victim of
southern aggression and not in any sense whatsoever of northern.

To Hubbard's gross amplification and even defiance of his instructions,
also to his extravagant utterances touching the repudiation of debts and
southern versus northern justice and generosity, Chief Ross replied,[236]
by way of strong contrast, in terms dignified and convincing:

    It is not the province of the Cherokees to determine the character of
    the conflict going on in the States. It is their duty to keep
    themselves, if possible, disentangled, and afford no grounds to either
    party to interfere with their rights. The obligations of every
    character, pecuniary and otherwise, which existed prior to the present
    state of affairs between the Cherokee Nation and the Government are
    equally valid now as then. If the Government owe us, I do not believe
    it will repudiate its debts. If States embraced in the Confederacy owe
    us, I do not believe they will repudiate their debts. I consider our
    annuity safe in any contingency.

    A comparison of Northern and Southern philanthropy, as illustrated in
    their dealings toward the Indians within their respective limits,
    would not affect the merits of the question now under consideration,
    which is simply one of duty under existing circumstances. I therefore
    pass it over, merely remarking that the "settled policy" of former
    years was a favorite policy with both sections when extended to the
    acquisition of Indian lands, and that but few Indians now press their
    feet upon the banks of either the Ohio or the Tennessee....

Judging from all the instructions that Secretary Walker sent out on Indian
matters in May of 1861, it would seem that he had very much at heart the
enlistment of the Indians and their actual participation in the war.
Mention has already been made of how General McCulloch was told by
Adjutant-general Cooper to add, if possible, two Indian regiments to his
brigade and of how Walker had written Hubbard urging him to persuade the
Indians to join forces and raising the number of Indian regiments desired
from two to three. In a similar strain Walker wrote[237] to Douglas H.
Cooper on the occasion of definitely asking him to give his services to
the South. In all these letters no special stress was laid upon an
intention to use the Indians as home guards exclusively. On the contrary,
one might easily draw, from the letters, a quite opposite inference and
conclude that the Indian troops, if raised, were to be used very generally
and exactly as any other volunteers might be used. This is important in
view of the stand, and a very positive one it was, that Albert Pike took
some time afterwards. In his own letter[238] to Johnson of May 11, 1861,
he does not specifically say that the Indian soldiers, whose mustering he
has in contemplation, are not to be used outside of the Indian country;
but he does insist that that country be occupied by them and by a certain
number of white regiments--another important point as subsequent events
will divulge.

General McCulloch took up his part of the task of securing the Indians in
his own characteristic way. He had great energy and great enthusiasm and
both qualities were displayed to the fullest extent on the present
occasion. He first laid his plans for taking possession forthwith of the
Indian country, it having come to his knowledge that Colonel Emory with
the Federal forces had abandoned it.[239] Apparently, it had never
occurred to McCulloch that the Indians themselves might be averse to such
a proceeding on his part but he was soon made aware of it; for when he
consulted[240] with John Ross, he found, to his discomfiture and deep
chagrin, that the desire and the determination of this greatest of all the
Indians was to remain strictly neutral. On the twelfth of June, McCulloch
still further communicated[241] with Ross and informed him that he would
respect his wishes in so far as expediency justified but that he would
have to insist upon the inherent right of the individual Cherokees to
organize themselves into a force of Home Guards should they feel so
inclined. Then he closed his letter by this note of warning:

    Should a body of men march into your Territory from the North, or if I
    have an intimation that a body is in line of march for the Territory
    from that quarter, I must assure you that I will at once advance into
    your country, if I deem it advisable.

Once again the forbearance of Chief Ross had been put to a severe test,
but he none the less replied to McCulloch with his customary dignity. Ross
was then at Park Hill, McCulloch at Fort Smith, where he had halted hoping
that the permission would be forthcoming for him to cross the line. Ross's
reply[242] came by return mail, so to speak, and was dated the
seventeenth. It was largely a reiteration of the reasons he had already
given for preserving neutrality, but it was also a positive refusal to
allow the individual Cherokees to organize a Home Guard. The concluding
paragraph gives the lie direct to those intriguing and self-interested
politicians who, in later years, endeavored to impugn Ross's sincerity:

    Your demand that those people of the nation who are in favor of
    joining the Confederacy be allowed to organize into military companies
    as Home Guards, for the purpose of defending themselves in case of
    invasion from the North, is most respectfully declined. I cannot give
    my consent to any such organization for very obvious reasons: First,
    it would be a palpable violation of my position as a neutral; second,
    it would place in our midst organized companies not authorized by our
    laws but in violation of treaty, and who would soon become efficient
    instruments in stirring up domestic strife and creating internal
    difficulties among the Cherokee people. As in this connection you have
    misapprehended a remark made in conversation at our interview some
    eight or ten days ago, I hope you will allow me to repeat what I did
    say. I informed you that I had taken a neutral position, and would
    maintain it honestly, but that in case of a foreign invasion, old as I
    am, I would assist in repelling it....

It will develop later how Ross's wishes with respect to the enrollment of
Home Guards were successfully and adroitly circumvented, with the
connivance of General McCulloch, by men of the Ridge faction in Cherokee
politics. From the beginning, McCulloch seemed determined not to take Ross
seriously, yet he duly informed Secretary Walker of the turn events were
taking. On the twelfth of June, for instance, he wrote[243] to him and
gave an account of his recent interview with the Cherokee chief. It was
rather a misleading account, however; for it conveyed to Walker the idea
that Ross was only waiting for provocation from the North to throw in his
lot with the Confederacy. On the twenty-second of June, McCulloch
wrote[244] to Walker again and to the same effect as far as his belief
that Ross was not sincere in his professions of neutrality was concerned,
even though, in the interval between the two letters, he had been
carefully corrected by Ross himself and even though he was, at the very
time, sending on to Richmond, the correspondence that denied the truth of
his own statement. He did, however, add that his belief now was that Ross
was awaiting a favorable moment to join forces with the North.

Albert Pike, special commissioner from the State Department of the
Confederate States to the Indian tribes west of Arkansas, had accompanied
General McCulloch on his visit to Ross, the latter part of May, and had
been present at the resulting interview. He had told[245] Toombs that he
would leave Little Rock for Fort Smith the twenty-second and go at
once[246] to the Cherokee country. At Fort Smith, Pike met McCulloch and
the two, seeking the same object, agreed to go forward together,[247]
having already been approached by an anti-Ross element of the Cherokee
Nation.[248] Ross, as has been shown, insisted upon maintaining an
attitude of strict neutrality, which probably did not surprise his
interviewers, since, according to Pike's own testimony, he and McCulloch
had not gone to Park Hill expecting to be able to effect any arrangement
with Chief Ross.[249] Ross, however, did go so far as to promise[250]
that within a short while he would call a meeting of the Cherokee
Executive Council and confer with it further on the policy to be pursued.
Ross doubtless felt that it was a part of political wisdom to do this. His
was an exceedingly difficult position; for, within the nation, there was a
large element in favor of secession. It was a minority party, it is true;
but, none the less, it represented for the most part, the intelligence and
the property and the influence of the tribe. Opposed to it and in favor of
neutrality, was the large majority, not nearly so influential because made
up of the full-bloods and of those otherwise poverty-stricken and obscure.
In the light of previous tribal discords, the minority party was the old
Ridge, or Treaty, Party, now headed by Stand Watie and E. C. Boudinot,
while the majority party was the Ross, or Non-treaty Party. Ross himself,
his nephew, William P. Ross, and a few others were the great exceptions to
the foregoing characterization of their following. Of sturdy Scotch
extraction and honest to the core, they personally stood out in strong
contrast to the rank and file of the non-secessionists and it was they who
so guided public sentiment that John Ross had the nation back of him when,
on May 17, 1861, he issued his memorable Proclamation of Neutrality:[251]

    _Proclamation to the Cherokee people_

    Owing to the momentous state of affairs pending among the people of
    the several States, I, John Ross, Principal Chief, hereby issue this
    my proclamation to the people of the Cherokee Nation, reminding them
    of the obligations arising under their treaties with the United
    States, and urging them to the faithful observance of said treaties
    by the maintenance of peace and friendship toward the people of all
    the States.

    The better to obtain these important ends, I earnestly impress upon
    all my fellow-citizens the propriety of attending to their ordinary
    avocations and abstaining from unprofitable discussions of events
    transpiring in the States and from partisan demonstrations in regard
    to the same.

    They should not be alarmed by false reports thrown into circulation by
    designing men, but cultivate harmony among themselves and observe in
    good faith strict neutrality between the States threatening civil war.
    By these means alone can the Cherokee people hope to maintain their
    rights unimpaired and to have their own soil and firesides spared from
    the baleful effects of a devastating war. There has been no
    declaration of war between the opposing parties, and the conflict may
    yet be averted by compromise or a peaceful separation.

    The peculiar circumstances of their condition admonish the Cherokees
    to the exercise of prudence in regard to a state of affairs to the
    existence of which they have in no way contributed; and they should
    avoid the performance of any act or the adoption of any policy
    calculated to destroy or endanger their territorial and civil rights.
    By honest adherence to this course they can give no just cause for
    aggression or invasion nor any pretext for making their country the
    scene of military operations, and will be in a situation to claim and
    retain all their rights in the final adjustment that will take place
    between the several States. For these reasons I earnestly impress upon
    the Cherokee people the importance of non-interference in the affairs
    of the people of the States and the observance of unswerving
    neutrality between them.

    Trusting that God will not only keep from our own borders the
    desolations of war, but that He will in infinite mercy and power stay
    its ravages among the brotherhood of States.

    Given under my hand at the executive office at Park Hill this 17th day
    of May, 1861.

        JNO. ROSS, Principal Chief Cherokee Nation.

The discretion of the Cherokees, their wily diplomacy if, under the
circumstances, you should please to call it such, was more than
counterbalanced by the indiscretion and the impetuosity of some of their
neighbors. It has already been noted how the Chickasaws expressed their
southern sympathies in the legislative resolves[252] of the twenty-fifth
of May, but not as yet how the Choctaws took an equally strong stand. Both
tribes were so very pronounced in their show of affection for the
Confederacy that they gave a secessionist color to the whole of the Indian
Territory, so much so, in fact, that Lieutenant-colonel Hyams could
report[253] to Governor Moore of Louisiana, on the twenty-eighth of May,
and upon information given him by some Indian agent.

    ... That the nations on the borders of this State (Arkansas) are
    anxious and desirous to be armed; that they can and will muster into
    the service 25,000 men; that they have immense supplies of beeves,
    sufficient to supply the meat for the whole Confederate service. All
    they ask is arms and enrollment. If within your power to forward their
    views with the President, it would be a great step in the right
    direction, and erect a more effectual barrier against the Kansas
    marauders than any force that could be sent against them, and thereby
    protect the northern boundary of both Arkansas and Louisiana. The
    reasons why every effort should be made to arm these people (now heart
    and soul with us) to defend themselves and us are so palpable, that I
    do not attempt to urge them upon you, but do solicit your attention,
    so far as is compatible with your high position, to this matter, to
    impress its importance on the President, and use your well-known
    influence to effect this much desirable result....

General McCulloch, in a letter[254] also of the twenty-eighth of May, more
particularly specified the tribes that were friendly to the South, but he
too mentioned some of them, the Choctaw and the Chickasaw, as "anxious to
join the Southern Confederacy." It should not be a matter of surprise then
to find that on the fourteenth of June, George Hudson, principal chief of
the Choctaw Nation, acting in accordance with the will of the General
Council, which had met four days before, publicly declared[255] the
Choctaw Nation, "free and _independent_." The chief's proclamation was, in
effect, a conscription act and provided for the enrollment, for military
service in the interests of the Confederacy, of all competent males
between the ages of eighteen and forty-five years. The General Council had
authorized this and had further arranged for the appointment of
commissioners "to negotiate a treaty of alliance and amity" with the
Confederate States.

Under such conditions, the work of Albert Pike must have seemed all plain
sailing when once he was safely beyond the Cherokee limits; but his
efforts,[256] vain though they were, to persuade that tribe into an
alliance did not end[257] with the first recorded interview with Ross. He
kept up his intercourse with the Ridge faction; but finally decided that
as far as Ross and the nation as a whole were concerned it would be best
to await the issue of events. It was only too apparent to all the southern
agents and commissioners that Ross would never yield his opinion unless
compelled thereto by one of three things or a combination of any or all of
them. The three things were, pressure from within the tribe; some
extraordinary display of Confederate strength that would presage ultimate
success for southern arms; and encroachment by the Federals. It was the
combination that eventually won the day. Pike, meanwhile, had passed on
to the Creek country.

At the North Fork Village, in the Creek country, the work of negotiating
Indian treaties in the interests of the Confederacy really began and it
did not end until a rather long series of them had been concluded. The
series consisted of nine main treaties[258] and the nine group themselves
into three distinct classes. The basis of classification is the relative
strength or power of the tribe, or better, the degree of concession which
the Confederacy, on account of that strength or that power or under stress
of its own dire needs, felt itself obliged to make. This is the list as
classified:

    FIRST CLASS

    1. Creek, negotiated at North Fork, Creek Nation, July[259] 10, 1861

    2. Choctaw and Chickasaw, negotiated at North Fork, July 12, 1861

    3. Seminole, negotiated at the Seminole Council House, August 1, 1861

    4. Cherokee, negotiated at Tahlequah, Cherokee Nation, October 7, 1861


    SECOND CLASS

    1. Osage, negotiated at Park Hill, Cherokee Nation, October 2, 1861

    2. Seneca and Shawnee, negotiated at Park Hill, October 4, 1861

    3. Quapaw, negotiated at Park Hill, October 4, 1861


    THIRD CLASS

    1. Wichita, etc., negotiated at the Wichita Agency near the False
    Washita River, August 12, 1861

    2. Comanche, negotiated at the Wichita Agency, August 12, 1861

Although all the treaties, made in 1861 by Albert Pike, were negotiated
under authority[260] of the Act of the Provisional Congress of the
Confederate States, approved May 21, 1861, by which the Confederacy
offered and agreed to accept the protectorate of the Indian tribes west of
Arkansas and Missouri, only those made with the great tribes contained a
statement,[261] definitely showing that the protectorate had been formally
offered, formally accepted and formally assumed. Thus, in a very
unequivocal way, Creeks, Choctaws, Chickasaws, Seminoles, and Cherokees,
all signified[262] their willingness to transfer their allegiance from the
United to the Confederate States. The smaller tribes seem not to have been
asked to make the same concession and their nationality was, in no sense,
recognized. They acted more or less under duress or compulsion, and the
very negotiation of treaties with them was taken as a full compliance with
the confederate scheme.

The nationality of the great tribes, or more properly speaking, their
political importance, was still further recognized by clauses
guaranteeing territorial and political integrity,[263] representation by
delegates[264] in the Confederate Congress, and the prospect[265] of
ultimate statehood. The guarantee of territorial integrity was, of a
certainty, not new. It had been inserted into various removal treaties as
a safeguard against a repetition of the injustice that had been meted out
to the Indians by the Southern States in Jackson's day. It comprised, in
effect, a solemn promise that no state or territorial lines should ever
again circumscribe the particular domain of the Indian nation securing the
guarantee; and that state or territorial laws, as the case might be,
should have no operation within the Indian country. The idea of
congressional representation[266] was also not new, but where it had
previously been but a promise or a mere contingency, it was now an assured
fact, a thing definitely provided for. Ultimate statehood had, however,
attached to it the old time elements of uncertainty, which is not at all
surprising, considering that Walker, in his instructions[267] to Hubbard,
had positively spoken against it.

All the treaties, without distinction of class, recognized the land rights
of the Indians and their existing territorial limits, but with the usual
restriction upon alienation to foreign powers. A sale or cession to a
foreign state, without the consent of the Confederate States, was to
result in forfeiture and reversion to the Confederate States. By the
Choctaw and Chickasaw Treaty, the arrangement,[268] already satisfactorily
reached, for a Chickasaw country distinct from a Choctaw was continued,
the Indians of both tribes being given the privilege of having their
particular land surveyed and sectionized whenever they might so please,
provided it be done by regular legislative process.[269] The same treaty
transferred[270] the lease of the Wichita Reserve from the United to the
Confederate States and limited it to ninety-nine years. Practically the
same bands of Indians were to be accommodated in this Leased District as
before; namely, those whose permanent ranges were south of the Canadian or
between it and the Arkansas. The New Mexican Indians were still to be
absolutely excluded. The Choctaw and Chickasaw Indians reserved the right
to pass upon the accommodation of any other Indians than those
specifically mentioned in the treaty. The individual bands, so
accommodated in the Leased District, were to be settled upon reserves and
to hold the same in fee. Finally, the treaty placed,[271] for the time
being, the Wichitas and their fellow reservees exclusively under the
control of the Confederate States with a limited jurisdiction resting in
the Choctaw Nation and a full right of settlement in Choctaws and
Chickasaws.

In regard to special features of the land rights of tribes other than
those already mentioned, it is well to observe, perhaps, that the title to
the reservation then occupied by the Seminoles was admitted to be
dependent upon Creek sufferance;[272] that the United States patent of
December 31, 1838, was recognized[273] as protecting the Cherokee; and
that the Osage lands in Kansas were inferentially covered by the
Confederate guarantee, given that tribe, of title in perpetuity.[274] The
Confederate States, moreover, agreed to indemnify[275] the Cherokees
should their Neutral Lands be lost to them through the misfortune of the
war. It is rather interesting to see that this new government, in
promising the insignificant tribes a permanent occupancy of their present
holdings, made use of the same high-flown, meaningless language that the
United States had so long used; but Albert Pike knew better than to assure
the truly powerful tribes that they should hold their lands themselves and
in common "as long as the grass should grow and the waters run." That
language could yet be made appealing and effective, though, in official
dealings with weak Wichitas,[276] Senecas, and Shawnees,[277] and, strange
as it may seem, even with Creeks.[278] In reciprocal fashion, the wild
Comanches could most naïvely promise[279] to hold the Confederate States
"by the hand, and have but one heart with them always."

Speaking of indemnification, we are reminded of other very important
financial obligations assumed by the Confederacy when it made its famous
treaties with the Indians west of Arkansas. Those financial obligations
comprised the payment of annuities due the tribes from the United States
in return for land cessions of enormous extent. They also comprised the
interest on various funds, such as the Orphan Creek fund, education funds,
and the like. Albert Pike had been given no specific authority to do this
but he knew well that no treaties could possibly be made without it. It
was not very likely that the slaveholding tribes would surrender so much
wealth for nothing, and so Pike argued, when justifying himself and his
actions later on. In his capacity as commissioner with plenary powers, he
also promised the Indians that the Confederacy would see to it that their
trust funds, secured by southern bonds, should be rendered safe and
negotiable. Over and above all this, the government of the Confederate
States made itself responsible for claims for damages of various sorts
that the different tribes had brought or were to bring against the United
States. Three good instances of the same are the following: the claim of
the Cherokees for losses, personal and national, incident to the removal
from Georgia; the claim[280] of the Seminoles for losses sustained by
reason of General Thomas S. Jesup's emancipation[281] order during the
progress of the Second Seminole War; and the claim of the Wichitas against
the United States government for having granted to the Choctaws the land
that belonged by hereditary preëmption to them and had so belonged from
time out of mind. It is exceedingly interesting to know that these
Wichitas had been colonized on the very land they claimed as indisputably
their own.

In all the treaties, negotiated by Pike, except the two of the Third
Class,[282] the Wichita and the Comanche, the institution of slavery was
positively and particularly recognized, recognized as legal and as having
existed from time immemorial. Property rights in slaves were guaranteed.
Fugitive Slave Laws were declared operative within the Indian country, and
the mutual rendition of fugitives was promised throughout the length and
breadth of the Confederacy. The First Class of treaties differs from the
Second in this matter but only in a very slight degree. The latter
condenses in one clause[283] all that bears upon slavery in its various
aspects, the former separates the discussion of the legality of the
institution from that of the rendition of slaves. Of the First Class, the
Creek Treaty[284] constituted the model; of the Second, the Osage.[285]

Aside from the things to which reference has already been made, the
Confederate Indian treaties were, in a variety of ways and to the same
extent that the Confederate constitution itself was, a reflection upon
past history. To avoid the friction that had always been present between
the red men and their neighbors, an attempt was now made to redefine and
to readjust the relations of Indians with each other both within and
without the tribe; their relations with white men considered apart from
any political organization; their relations, either as individuals or as
tribes, with the several states of the Confederacy; and their relations
with the central government. In general, their rights, civil, political,
and judicial, as men and as semi-independent communities were now
specified under such conditions as made for what in times past would have
been regarded as full recognition, and even for enlargement. Indian rights
were at a premium because Indian alliances were in demand.

The relations of Indians with Indians need not be considered at length.
Suffice it to say that many clauses were devoted to the regulation of the
affairs of those tribes that were, either politically or ethnologically,
closely connected with each other; as, for example, the Choctaws and
Chickasaws on the one hand and the Creeks and Seminoles on the other.
Still other clauses assured the tribes of protection against hostile
invasion from red men and from white, and assured all the great tribes,
except the Cherokees,[286] of similar protection against domestic
violence.[287] The Cherokees, very possibly, were made an exception
because of the known intensity of their factional strife and hatred,
which, purely for its own selfish ends, the Confederacy had done so much
to augment. There may also have been some lingering doubt of John Ross's
sincerity in the matter of devotion to the Confederacy. The time had been
and might come again when the Confederacy would find it very expedient to
play off one faction against another. Injuries coming to the Indians from
a failure to protect were to be indemnified out of the Confederate
treasury. Could the United States, throughout the more than a hundred
years of its history have had just such a law, its national treasury would
have been saved millions and millions of dollars paid out in claims, just
and unjust, of white men against the Indians.

As affecting their relations with white men, the Indians were conceded the
right to determine absolutely, by their own legislation, the conditions of
their own tribal citizenship. This would mean, of course, the free
continuance of the custom of adoption, a custom more pernicious in Indian
history than even the principle of equal apportionment in Frankish;
because it was the entering wedge to territorial encroachment. The white
man, once adopted into the tribe as a citizen, was to be protected against
unjust discrimination or against the forfeiture of his acquired status.
The provisions against intruders were legitimately severe, those of the
United States had never been severe enough. The executive power had always
been very weak and very lax but now it was to reside in the tribal Council
and would bid fair to be firm because interested, or, perhaps, we should
say disinterested. The Confederacy, on its part, promised that the aid of
the military should be forthcoming for the expulsion of intruders on
application by the agent, should the tribal authority prove inadequate.
The Indians might compel the removal of obnoxious men from agency and
military reserves. Unauthorized settlement within the Indian country by
citizens of the Confederate States was absolutely forbidden under pain of
punishment by the tribe encroached upon.

With respect to Indian trade, there was considerable innovation and
considerable modification of existing laws. For years past, the Indians of
the great tribes had chafed under the restrictions which the United States
government had placed upon their trade and, unquestionably, no other
single thing had irritated them more than the very evident monopoly right
which the United States had given to a few white men over it. Indian
trade, under federal regulations, was nothing more nor less than an
extension of the protective policy, a policy that was destructive of all
competition and that put the Indian, often to the contempt of his
intelligence, at the mercy of the white sharper. Indian commissioner after
Indian commissioner had protested against it, but all in vain. George W.
Manypenny, particularly, had tried[288] to effect a change; for he was
himself convinced that, if the Indians were capable of self-government,
they were certainly capable of conducting their own trade. Needless to
say, Manypenny's efforts were entirely unavailing. The Indian trade in the
hands of the licensed white trader, although a pernicious thing for the
Indian, was an exceedingly lucrative business for enterprising American
citizens, white men who were, unfortunately, in possession of the elective
franchise but of little else that was honorable and the government,
controlled by constituents with local interests, dared not surrender it to
the unenfranchised Indians no matter how highly competent they might be.
Thus the Indian country, throughout its entire extent, was exploited for
the sake of the frontiersman. Moreover, the annuity money, a just tax upon
a government that had received so much real estate from the aborigines,
instead of being spent judiciously to meet the ends of civilization and in
such a way as to reflect credit upon the donor, who after all was a
self-constituted guardian, went right back into the pockets of United
States citizens but, of necessity, into those of only a very limited
number of them.

Because it was a matter of expediency and not because it was a principle
that it believed in, otherwise it would have given it to the weak tribes
as well as to the strong, the Confederacy gave to the Indians of the great
tribes, but not to all in exactly the same measure,[289] the control of
their own trade. It did not do away with the post trader, as it ought to
have done in order to make its reform complete, but it did deprive him of
his monopoly privileges. It hedged his license about with
restrictions,[290] made it subject, on complaint of the Indian and in the
event of arrearages, to revocation; and, to all of the great tribes except
the Seminoles, it gave the power of taxing his goods, his stock in trade,
usually a rather paltry outfit. No better precaution could have possibly
been devised against exorbitant charging. An ad valorem tax would most
certainly have quite eliminated the fifty, the one hundred, and the two
hundred per cents of profit. As a matter of fact, the extravagantly high
prices of the ordinary Indian trader would be, for most persons,
positively prohibitive. The Confederacy further bound itself to pay to the
Indians an annual compensation for the land and timber used by the trader.

The questions settled as between the several states and the Indian tribes
were chiefly[291] of property rights and of civil and criminal rights and
procedure. In addition to their property right in slaves, the Indians were
at last admitted to have a possible right in other things, in land, for
instance, that might lie within the limits of a state. This they were
henceforth to hold, dispose of as they pleased, and bequeath by will.[292]
Restrictions, likewise, upon their power freely to dispose of their
chattels,[293] were removed, a coördinate concession, but one that did not
so much affect their relations with a given individual state as their
relations with the central government. To such[294] of the Indians as were
not to be brought within the jurisdiction of the Confederate States
District Courts[295] that were to be created within the Indian country,
the right was given to sue and to implead in any of the courts of the
several states. To Indians generally of the great tribes was given the
right to be held competent as witnesses[296] in state courts, and, if
indicted there themselves, to subpoena witnesses and to employ
counsel.[297] The Cherokees, the Choctaws, and the Chickasaws were also
granted the right of recovery[298] as against citizens of the Confederate
States. Should recovery not be possible, the Confederacy was to stand the
loss. But more than anything else reciprocal right of extradition was
henceforth to be accorded. This was to exist as between tribe and
tribe[299] and, with some slight exceptions, as between tribe and state.
An examination of the various treaties reveals a steady development in the
matter of this concession. The Creek Treaty,[300] which was the first to
be negotiated, made extradition a rather one-sided[301] affair. The tribe
was to yield the criminal to the state, but, not reciprocally, the state
to the tribe. This verbal inequality would not have so much mattered had
there been a possibility that in the sequel it would have been
interpreted, as in the states, in terms of executive courtesy and
discretion; but the chances were that a state would have made it a matter
of absolute obligation with the tribe. Reciprocity[302] found its way into
the second treaty, however, and also into all the later ones of the First
Class. Finally, be it remarked, that as a climax to this series of
judicial concessions, full faith and credit[303] were to be given by the
one Indian nation or Confederate state, as the case might be, to all legal
processes, decisions, and acts of the other.

There yet remain two provisions[304] of importance that were intended to
put the Indian nations on a basis of equality with the states. They are
provisions rather particular in their nature, however, and, in their full
operation, would have affected Texas and Arkansas much more nearly than
any other members of the Southern Confederacy. The first of these
provisions is to be found, as a grant of mutual rights, only in treaties
of the First Class and in two only of those, the Choctaw and Chickasaw and
the Cherokee. The omission from the Creek and Seminole treaties was due,
most likely, to geographical conditions; but the lack of reciprocity in
the Osage, the one treaty of the Second Class in which a suggestion of the
provision occurs, was just as surely due to the weakness of the tribe from
which the privilege was exacted. The provision comprehended the use of
navigable streams within the limits of the Confederacy and the Indians
specified were to have the same rights in the premises as the citizens of
the Confederate States. Osage[305] streams and water courses were,
however, to be open to white people but not conversely Confederate waters
to the Osages. The clauses in treaties of the First Class, embodying this
provision, comprehended all navigable streams whatsoever but had
particular application to the Red and Arkansas Rivers, the Choctaw[306]
and Chickasaw to the former and the Cherokee[307] to the latter. The
rights of ferrying on these streams were to be open alike to white and red
men living upon their banks.

The second provision was couched in terms of general amnesty. The Indians
were to forgive wholesale the citizens of the individual Confederate
states for their past offences and, reciprocally, the states were to
forgive and pardon the Indians for theirs, or, rather, the government of
the Confederate States was to use its good offices to persuade and induce
them to do so.[308] The Choctaw and Chickasaw Treaty contained, in
addition to this general clause, a particular one bringing out again the
close connection with Texas and Arkansas. It reads thus:

    ... And the Confederate States will especially request the States of
    Arkansas and Texas to grant the like amnesty as to all offences
    committed by Choctaw or Chickasaw against the laws of those States
    respectively, and the Governor of each to reprieve or pardon the same,
    if necessary.[309]

Some evidence of the special interest Texas might have in the matter came
out rather prominently in the treaties of the Third Class, the amnesty in
them was particular while the amnesty in the treaties of the other two
classes was general. This is what the Wichita and Comanche say:

    It is distinctly understood by the said several tribes and bands, that
    the State of Texas is one of the Confederate States, and joins this
    Convention, and signs it when the Commissioner signs it, and is bound
    by it; and all hostilities and enmities between it and them are now
    ended and are to be forgotten and forgiven on both sides.[310]

It soon developed that Texas was not pleased to find her consent so
thoroughly taken for granted and that the Reserve Indians were no better
satisfied. The enmity between the two continued as before.

As regarded the relations between the Indian tribes and the Confederate
States proper, the Pike treaties were old law in so far as they duplicated
the earlier United States treaty arrangements and new law only in so far
as they met conditions incident to the war. United States laws and
treaties were specifically continued in force wherever possible, and, in
most cases, the name of the one government was simply substituted for that
of the other. Considerable emphasis was laid upon the right of eminent
domain. The Indians conceded to the Confederacy the power to establish
agency reserves,[311] military posts[312] and fortifications, to maintain
post and military roads,[313] and to grant the right of way,[314] upon
payment of an indemnity,[315] to certain corporations for purposes of
internal improvement, mainly railway and telegraph lines. Most of this
would have contributed very materially to the good of the southern cause
in guarding one of the approaches to Texas and in increasing the
convenience of communication. The Confederate States assumed the wardship
of the tribes, exacted a pledge of loyalty from the weaker and one of
alliance,[316] offensive and defensive, but without the entail of
pecuniary responsibility, from the stronger. In its turn, the Confederacy
promised to the Indians many things, deserving of serious mention and far
too important for mere enumeration. As a matter of fact, the South paid
pretty dearly, from the view-point of historical consistency, for its
Indian alliance. In the light of Indian political history, it yielded far
more than at first glance appears and, as a consequence, the great tribes
gained nearly everything that they had been contending for for half a
century.

As has just been intimated, the concessions made by the Confederacy to the
Indians were somewhat significant. In addition to the things noted a few
paragraphs back, congressional delegates, control of trade, and others of
like import, Pike, the lawyer commissioner and the man of justice,
promised the establishment of Confederate States courts within the Indian
country. There were to be two of them, one in the Choctaw country[317]
and one in the Cherokee.[318] They were to be District Courts with a
limited Circuit Court jurisdiction. The importance of the concession
cannot well be over-estimated; for it struck at the root of one of the
chief Indian grievances. The territorial extent of the districts was left
a little vague and the jurisdiction was not fairly distributed. Here again
we have an illustration of might conditioning right. The Osages,[319] the
Senecas and Shawnees,[320] and the Quapaws[321] were all brought within
the limits of the Cha-lah-ki, or Cherokee district, but it is not clear
that, as far as they were concerned, any other offences than those against
the Fugitive Slave[322] laws, were to come within the purview of the
court. The Wichitas and Comanches were left entirely unassigned, although
naturally, they would have come within the Tush-ca-hom-ma, or Choctaw
district.

The Confederacy reinstituted the agency system and continued it with
modifications. These modifications were in line with reiterated complaints
of the Indians. They restricted the government patronage to some extent
and, in certain instances, allowed a good deal of tribal control. As a
general thing, to each tribe was allowed one agent and to each language,
one interpreter. An exception to the first provision was to be found
wherever it had been found under the earlier régime. Thus there was a
single agent for the Choctaws and Chickasaws, another for the fragmentary
tribes of the Leased District, and another for those of the Neosho River
country. In the minor treaties, it was stipulated, for very evident and
very sound reasons, most of them based upon experiences of past neglect,
that the agent should be faithful in the performance of his duties, that
he should reside at his agency continually, and never be absent for long
at a time or without good and sufficient cause.

There were also certain things the Indians were forbidden to do, many of
them familiar to us in any ordinary Bill of Rights and having reference to
ex-post facto laws, laws impairing the obligation of contracts, due
process of law, and the like. The Confederacy, in turn, bound itself not
to allow farming on government reserves or settlement there except under
certain conditions and not to treat[323] with Cherokee factions. It
inserted into the treaties with the minor tribes the usual number of
civilization clauses, promising agricultural and industrial support; and
into the Cherokee some things that were entirely new, notably a provision
that the congressional delegation from each of the great tribes should
have the right to nominate a youth to membership in any military academy
that might be established.[324] It also promised to maintain a postal
system throughout the Indian country, one that should be, in every
particular, a part of the postal system of the Confederate States with the
same rates, stamps, and so on. To the Cherokees, it promised the
additional privilege[325] of having the postmasters selected and appointed
from among their own people. From the foregoing analysis of the treaties,
it is clearly seen that the characteristic feature of them all was
conciliation and conciliation written very, very large. Of the great
tribes, the Confederacy asked an alliance full and complete; of the middle
tribes, such as the Osage, it asked a limited alliance and peace; and of
the most insignificant tribes it asked simply peace but that it was
prepared, not only to ask, but, if need be, to demand. Between the
Cherokees and the Wichitas, there was a wide, wide gulf and one that could
be measured only in terms of political and military importance.

So much for the contents of the treaties but what about the detailed
history of their negotiation? When Albert Pike first came within reach of
the Indian country, he communicated[326] officially or semi-officially
with the men belonging or recently belonging to the Indian field service,
agents and agency employees, or, at least, with those of them that were
known as Confederate sympathizers. A few very necessary changes had been
made in the service with the inauguration of President Lincoln but the
changes were not always such as could, in any wise, have strengthened the
Federal position. First, as regards the southern superintendency, an
attempt had been made to find a successor to Elias Rector[327] at about
the same time that Harrison B. Branch[328] of Missouri had been appointed
central superintendent in the stead of A. M. Robinson. The man chosen was
Samuel L. Griffith[329] of Fort Smith to whom the new Secretary of the
Interior, Caleb B. Smith, telegraphed on the fifth of April, tendering the
position. Similarly by wire, on the ninth, Griffith accepted; and, on the
tenth, explained[330] the delay in the following letter:

    Being a member of our State Convention on the Union side, I hesitated
    a day or two, as to the propriety of accepting, fearing it might
    affect the union cause, but on mature deliberation and counsel with
    union friends, and on the receipt of a memorial signed by a large
    number of names of men of all parties, I concluded to accept....

    Col. W. H. Garret Agt. for the Creeks, passed through this place on
    the 8th....

    Col. S. Rutherford left here this morning for his agency (the
    Seminole). I desired him to ascertain on his way through the Creek and
    Choctaw Nations, the facts, as to the rumor that two men from Texas
    were in the Creek Nation for the purpose of meeting the several
    nations in Council &c. and to report to me immediately....

Dr. Griffith's solicitude for the Union interests apparently soon
vanished. On the twentieth of April, he wrote[331] that, "under the
circumstances," he could not hold office. Coffin of Indiana was then
selected[332] for the place of southern superintendent and, in a very
little while, Griffith was among the applicants[333] for the corresponding
position in the Confederate States. Between the dates of the two
activities, moreover, he had been appointed by the Arkansas Convention one
of the three special agents to interview the Indian tribes in the
interests of secession. That was on the tenth of May.

The changes in the agency incumbents proved equally temporary and
unfortunate. Particularly was this the case with two determined[334] upon
on the sixth of April. Four days later, William Quesenbury[335] of
Fayetteville, Arkansas was notified that he had been appointed to succeed
William H. Garrett as agent for the Creeks, and John Crawford[336] of the
same place that he had been appointed to succeed Robert J. Cowart as agent
for the Cherokees. Both went over to the Confederacy. Nothing else could
well have been expected of Crawford, or of Quesenbury either for that
matter, and it is rather surprising that their past records were not more
thoroughly examined. Quesenbury, like Richard P. Pulliam, was a sort of
protégé of Elias Rector. Pulliam had been Rector's clerk in the office
and Quesenbury his clerk in the field.[337] Crawford had been very
prominent[338] in the Arkansas legislature the preceding winter in the
expression of ideas and sentiments hostile to Abraham Lincoln. He accepted
the office of Cherokee agent under Lincoln, notwithstanding, and he
subsequently said[339] that he did so because the Indians would not have
liked a northern man to come among them. Before Crawford's commission
arrived, Cowart had departed[340] and Cherokee affairs were in dire
confusion.[341] John J. Humphreys[342] of Tennessee had meanwhile been
offered the Wichita Agency[343] and Peter P. Elder[344] of Kansas, the
Neosho River. The Choctaw and Chickasaw Agency seems to have been left
vacant. Truth to tell, there was no longer any such agency under United
States control. Cooper had thrown in his lot with the secessionists and
was already working actively in their cause.

The defection of Douglas H. Cooper, United States agent for the Choctaws
and the Chickasaws, can not be passed by so very lightly; for it had such
far reaching effects. The time came during and after the war, when the
United States Indian Office came to have in its possession various
documents[345] that proved conclusively that Douglas H. Cooper had been
most instrumental in organizing the secession movement among the Indians
of at least his own agency. It was even reported[346] that material was
forthcoming to show how he "was engaged in raising troops for the Rebel
Army, during the months of April, May, and June, 1861, while holding the
office of U. S. Indian Agent." His successor had been appointed
considerably before the end of that time, however, and, when the war was
over, the Indians themselves exonerated him from all responsibility in the
matter of their own defection.[347] Notwithstanding, he most certainly did
manifest unusual activity in behalf of the slaveholding power. Even his
motives for manifesting activity are, in a sense, impugned as instanced by
the following most extraordinary letter, which, written by Cooper to
Rector privately and in confidence and later transmitted to Washington out
of the ordinary course of official business, has already been quoted once
for the purpose of forming a correct estimate of the recipient's
character. It is gratifying to know that such letters are very rare in
connection with the history of the American Civil War.

    _Private & Confidential_

    [_Copy_]

    FORT SMITH May 1st 1861.

    MAJOR ELIAS RECTOR

    Dr. Sir: I have concluded to act upon the suggestion yours of the 28th
    Ultimo contains.

    If we work this thing shrewdly we can make a fortune each, satisfy the
    Indians, stand fair before the North, and revel in the unwavering
    confidence of our Southern Confederacy.

    My share of the eighty thousand in gold[348] you can leave on deposite
    with Meyer Bro. subject to my order. Write me soon.

        COOPER.

When Captain Pike[349] reached the North Fork Village, very probably
still attended by the escort that the Military Board of Arkansas had
graciously--or perhaps officially since Pike, according to his own
confession, was acting as commissioner from Arkansas[350] as well as from
the Confederacy--furnished[351] him,[352] he found the Creeks awaiting his
approach with some anxiety. Among them were Motey Kennard,[353] principal
chief of the Lower Creeks, and Echo Harjo, principal chief of the Upper
Creeks, both of whom had been absent[354] in Washington at the time the
inter-tribal council of the spring had been planned. They had gone to
Washington, in company with John G. Smith, as a delegation, greatly
concerned about the prospect of Creek finances and the continuance of
Creek integrity should the quarrel between the North and the South
continue. Greenwood had tried to reassure them; but, when shortly
afterwards, all Indian allowances were suspended[355] by the United States
Indian Office for fear that remittances might fall, en route, into the
hands of the disaffected, the distrust and the dissatisfaction of the
Indians revived and increased, thus rendering them peculiarly susceptible
to the plausible secessionist arguments of men like Agent Garrett.
Sometime in May, therefore, a delegation was sent to Montgomery[356] to
confer with authorities of the Confederate States, who by the time of the
arrival of the Creeks had moved on to Richmond.

At the North Fork Village, everything seemed to be working in Pike's
favor. There was scarcely a white man[357] around who was willing to say a
word for the North; and leading Indians, who were known to be
anti-secessionists, were away[358] treating with the Indians of the
Plains. Opoeth-le-yo-ho-la, who was to become the stanch leader of the
opposition, was not with the absentees, it would seem; but then that, at
the time, did not so much signify because he was not a ranking chief and
so had little influence.[359] On the tenth of July, the treaty that Pike
and the Creek commissioners had been working on for days was finally
submitted for signature and the names of Motey Kennard, Echo Harjo, Chilly
McIntosh, Samuel Checote and many other less prominent Creeks were
attached to it. On the twentieth, the general council approved it and more
names were attached, that of Jacob Derrysaw being among them. On one or
the other occasion, several white men signed. William Quesenbury, who was
acting as Pike's secretary, Agent Garrett, Interpreter G. W. Stidham,[360]
and W. L. Pike. Soon came the return of the travellers and much subsequent
commotion. They expressed themselves as opposed to the whole proceeding,
yet three of them found that, in their absence, their names had been
forged[361] to the document that was passing as a treaty between the
Creeks and the Confederate States. The three whose names were forged were,
Ok-ta-ha-hassee Harjo (better known subsequently as "Sands" and who became
in reconstruction days the great rival of Samuel Checote for the office of
principal chief), Tallise Fixico, and Mikko Hutke. It is a matter of
dispute what course Opoeth-le-yo-ho-la had taken[362] in the treaty
conference but not what he did afterwards; for he became the intrepid
leader of the so-called "Loyal Creeks" and the foremost of the "Refugees."

If the Creeks were disturbed about their national finances, the
Choctaws[363] were even more so. There were many suspicious circumstances
connected with a certain corn contract and with the expenditure generally
of the huge sum of money that the United States Congress had appropriated
in satisfaction of claims arising under the treaty of removal, payment on
which it had recently suspended to the displeasure of the Indians and the
discomfiture of the speculators. Wherever suspicion rested, Pike attempted
elaborate explanations and, wherever affairs could be turned to the
account of the Confederacy, he labored with redoubled zeal. His task was
an easy one comparatively-speaking, though, for the Choctaws were already
committed[364] to the southern cause. The two Folsoms, Peter and Sampson,
who were among the special commissioners sent to Washington to inquire
about the money and who had lingered at Montgomery, were his eager
coadjutors. Just how far George Hudson, principal chief, was readily
compliant, it is difficult to say. It is supposed that he issued his
proclamation[365] of June 14, announcing independence and calling for
troops, under compulsion and, in July, he may still have been secretly in
favor of neutrality. The joint treaty for the Choctaws and Chickasaws was
completed on the twelfth of July and again prominent men, the most
prominent in the tribes, no doubt, endorsed the action by affixing their
signatures. R. M. Jones, the chief[366] of the secessionists, W. B.
Pitchlynn, Winchester Colbert, and James Gamble,[367] who was soon
afterwards selected as the first delegate[368] to the Confederate
Congress, were among the signers; but Agent Cooper was not. Perchance, he
and Pike had already begun to dispute over the propriety of an Indian
agent's holding a colonelcy in the Confederate army. Cooper[369] wanted to
be both agent and colonel.

Having disposed satisfactorily of the Creeks, Choctaws, and Chickasaws,
Pike passed on, with his group of white and red friends, to the Seminoles
and met them in council[370] at their own agency. Rector was now[371] one
of his assistants. The poor Seminoles, according to their own story of
what happened, were taken completely unawares;[372] and, after some
skilful maneuvering, Pike succeeded in inducing about half[373] of them,
headed by one of their principal chiefs, John Jumper,[374] and a town
chief, Pas-co-fa, to agree to "perpetual peace and friendship" with the
Confederate States. There was nothing specifically said about an alliance,
offensive and defensive, but it was understood and was immediately
provided for.[375] The head chief, Billy Bowlegs,[376] and other chiefs of
present and future importance, like John Chup-co,[377] refused[378] to
sign the treaty and, before many days had elapsed, joined the party of the
"Loyal Creeks." Various ones of the "Southern" Creeks, notably Motey
Kennard, were present at the treaty-making and used their influence to
strengthen that of Pike, Rector, Agent Rutherford,[379] Contractor Charles
B. Johnson, and a host of minor enthusiasts, like J. J. Sturm and H. P.
Jones, all of whom had formerly been in the United States employ and were
now, or soon to be, in the Confederate.[380]

Pike's military escort had surely left him by this time and had returned
to Arkansas and yet never had it been more needed; for the Confederate
commissioner and his party were about to go into the western country to
confer with the tribes of the Leased District whose friendship as yet
could scarcely be counted upon, notwithstanding the fact that their agent
had openly thrown in his fortunes with the South[381] and was using every
form of persuasive art to induce them to do the same. Fearing, perhaps,
some show of hostility from the Wichitas, Comanches, and Tonkawas, and
hoping that a show of force on his part would intimidate them, Pike
gathered together, before proceeding to the Leased District, a company of
fifty-six[382] mounted men, friendly Creeks and Seminoles, and with them
left the Seminole Council House. The Leased District once reached, some of
the hardest work of the whole negotiation began and two treaties[383] were
ultimately concluded, one with some of the legitimate residents of the
locality and one with wandering bands who came in for the purpose. It is
well to note at the outset, however, that the Wichitas proper refused to
be either cajoled or intimidated and that, in consequence, they who had
always, under United States control, been the most important of the
reservees, the ones to give the name to the entire group, were now reduced
to a subordinate position and some of the Comanches[384] elevated to the
first rank. The first treaty then, the one made with reservees, was thus
designated, "Treaty with Comanches and Other Tribes and Bands." The second
treaty, made with Indians belonging outside the Leased District was
designated, "Treaty with the Comanches of the Prairies and Staked Plain."

The negotiation of the remaining treaties of the Pike series came as an
immediate effect of Confederate military successes and belongs, in its
description, to the next chapter. It is proper now to return to a
consideration of the work of the Confederate Congress, in so far, at
least, as that work had a bearing upon the alliance with the tribes. On
the twenty-eighth of August, Hugh F. Thomason of Arkansas, offered the
following resolution:

    _Resolved_, That the Committee on Indian Affairs be instructed to
    inquire whether any, and if so what, treaties have been made with any
    of the Indian tribes, and if so, with which of them; and whether any,
    and if so, what legislation is necessary in consequence thereof; and
    that they have leave to report at such time and in such manner as to
    them shall seem proper.[385]

There the matter rested until after the whole series of treaties had been
completed which was in ample time for President Davis to submit[386]
Pike's report[387] and the tangible evidence of his successful work to the
Provisional Congress at its winter session.

President Davis's message of December 12, 1861, transmitting the Pike
treaties to the Provisional Congress, summarized their merits and their
defects and gave direction to the consideration and discussion that ended
in their ratification. It called particular attention to the pecuniary
obligations[388] assumed and to the contemplated change of status.
Regarding the latter, Davis said,

    Important modifications are proposed in favor of the respective local
    governments of these Indians, to which your special attention is
    invited. That their advancement in civilization justified an
    enlargement of their power in that regard will scarcely admit of a
    doubt; but whether the proposed concessions in favor of their local
    governments are within the bounds of a wise policy may well claim your
    serious consideration. In this connection your attention is specially
    invited to the clauses giving to certain tribes the unqualified right
    of admission as a State into the compact of the Confederacy, and in
    the meantime allowing each of these tribes to have a delegate in
    Congress. These provisions are regarded not only as impolitic but
    unconstitutional, it not being within the limits of the treaty-making
    power to admit a State or to control the House of Representatives in
    the matter of admission to its privileges. I recommend that the former
    provision be rejected, and that the latter be so modified as to leave
    the question to the future action of Congress; and also do recommend
    the rejection of those articles in the treaties which confer upon
    Indians the right to testify in the State courts, believing that the
    States have the power to decide that question, each for itself,
    independently of any action of the Confederate Government.[389]

Again Arkansas was in the lead in the exhibition of interest and, on the
motion[390] of one of her delegation, Robert W. Johnson, the president's
message and the documents accompanying it were referred to the Committee
on Indian Affairs. This was on the thirteenth of December and Johnson was
the chairman of the committee. On the nineteenth, the treaties began to be
considered[391] in executive session. The first to be so considered was
the Choctaw and Chickasaw, and interest concentrated on its twenty-seventh
article,[392] the one giving to the two tribes jointly a delegate in the
Confederate Congress. This provision was finally amended[393] so as to
leave the delegate's status, his rights and his privileges, just as Davis
had recommended, to the House of Representatives. Then came the
consideration of the twenty-eighth article,[394] which promised ultimate
statehood, and that also was amended in such a way as to leave the final
determination to Congress,

    By whose act alone, under the Constitution, new States can be
    admitted and whose consent it is not in the power of the President or
    the present Congress to guarantee in advance....[395]

In the afternoon of December twenty-first, the Provisional Congress
resumed[396] its consideration of the Indian treaties. The day previous,
it had decided upon this order of procedure and had agreed[397] that the
Comanche treaties, being of the least importance, should be left to the
last. The work of the twenty-first was on the judicial clauses and, on the
question of the qualification of the Indians to be competent witnesses in
civil and criminal suits. Article XXXVI[398] of the Osage Treaty, dealing
with the right to subpoena witnesses and to have counsel, seemed likely to
create prejudice.[399] At length Waul of Texas suggested[400] that
Commissioner Pike be invited to be present at future sessions in order
that some very necessary explanations of scope, of motives, and of reasons
might be forthcoming. In the end, the only changes made in the grant of
judicial privileges were along the line of safe-guarding the existing
rights of the individual states. In illustration of this, take the Choctaw
and Chickasaw Treaty as typical of all of the treaties of the First Class.
Articles XLIII and XLIV were amended. To the former was added,

    And the Confederate States will request the several States of the
    Confederacy to adopt and enact the provisions of this article, in
    respect to suits and proceedings in their several courts.[401]

From the latter, the phrase, "or of a State," was stricken out and this
substitution made; "or of a State, subject to the laws of the State."[402]

On the whole, the Indian treaties took up a very large share of the
attention of the Confederate Congress throughout the month of December;
and, after debate, President Davis's advice in every particular was
followed, even to the assumption of the pecuniary obligations. On the
twenty-third of December, Johnson reported[403] back the treaty with the
Cherokees and some of its clauses were then considered. On the same day,
Johnson offered[404] a resolution of ratification for the Seminole Treaty
and it was unanimously adopted, the same changes identically having been
made in the treaty as had been made in the Choctaw and Chickasaw in so far
as the two treaties corresponded originally with each other. Congress also
ratified a supplementary article to the Seminole Treaty. The last of the
month, the Comanche treaties were reached[405] and soon pushed through
with only very slight modifications. Then came the final consideration of
the treaty with the Creek Indians. It was ratified[406] with the customary
amendments the same day. The Quapaw Treaty came[407] next and with its
congressional ratification, the work of diplomatically securing the
Indians was practically done. The later Indian ratification was more or
less perfunctory.




IV. THE INDIAN NATIONS IN ALLIANCE WITH THE CONFEDERACY


The work of soliciting the military support of the Indians and, to a large
extent, that of securing it, antedated very considerably the formal
negotiation of treaties with their constituted authorities. Whether it be
true or not, that Douglas H. Cooper, United States agent for the Choctaws
and the Chickasaws, did, as early as April, 1861, begin to enroll his
Indians for the service of the Confederate States, it is indisputable
that, immediately upon receiving Secretary Walker's communication[408] of
May thirteenth, he began to do it in real earnest and, from that time
forward, gained his recruits with astonishing ease. There were many[409]
to recommend the employment of the Indians and some to oppose it. A
certain F. J. Marshall, writing[410] to Jefferson Davis from Marysville,
Kansas, on the twentieth of May, mapped out a tremendous programme of
activities in which Indians were to play their part and to help secure
everything of value between the Missouri line and the Pacific coast. Henry
McCulloch thought[411] they might be used advantageously in Texas and on
her borders. Pike believed[412] not more than thirty-five hundred could be
counted upon, maybe five thousand, but whatever the number, he would
engage them quickly and provide them with the necessary equipment. He
wanted also to employ[413] a battalion of those Indians that more strictly
belonged to Kansas. Presumably, then, he would not have confined
Confederate interest to the slaveholding tribes. Others besides Pike were
doubtless of the same mind. Marshall was, for instance, and southern
emissaries were frequently heard of, north of the Neosho River. Henry C.
Whitney, one of two United States special agents (Thomas C. Slaughter was
the other), sent[414] out to Kansas to investigate and with a view to
relieve under congressional appropriation[415] the distress among the
Indians, caused by the fearful and widespread drouth of 1860, met[416]
with many traces of secessionist influence.[417]

The efforts of Cooper, coupled with those of Pike and McCulloch, in this
matter of the enlistment of Indian troops, were soon rewarded. Chief
Hudson's proclamation of June fourteenth, besides being a declaration of
independence, was a call for troops and a call that was responded to by
the Choctaws with alacrity. A little more than a month later, the
enlistment of Indians had so far advanced that McCulloch was able to
speak[418] positively as to his intended disposition of them. It was to
keep them, both the Choctaw-Chickasaw regiment, which was then well under
way towards organization, and the Creek, which was then forming, at
Scullyville, situated fifteen miles, or thereabouts, from Fort Smith, as a
check upon the Cherokees. Evidently the peace-loving element among the
Cherokees was yet the dominant one. On the twenty-fifth of July, Cooper
furnished further information,

    The organization of the Choctaw and Chickasaw Regiment of Mounted
    Rifles will be completed this week, but as yet no arms[419] have been
    furnished at Fort Smith for them. I hope speedy and effectual measures
    will be taken to arm the people of this (Indian) Territory--the
    Creeks, Seminoles, Cherokees.... The Choctaws and Chickasaws can
    furnish 10,000 warriors[420] if needed. The Choctaws and Chickasaws
    are extremely anxious to form another regiment.

    There seems to be a disposition to keep the Indians at home. This
    seems to me bad policy. They are unfit for garrison duty, and would be
    a terror to the Yankees.[421]

All this time, of course, Pike had been making progress with his treaties
and undoubtedly simplifying Cooper's task by embodying in those treaties
the principles of an active alliance. These clauses from the Creek Treaty
will illustrate the point:

    ARTICLE I. There shall be perpetual peace and friendship, and an
    alliance offensive and defensive, between the Confederate States of
    America, and all of their States and people, and the Creek Nation of
    Indians, and all its towns and individuals.[422]

    ARTICLE XXXVI. In consideration of the common interests of the Creek
    Nation and the Confederate States, and of the protection and rights
    guaranteed to the said nation by this treaty, the Creek Nation, hereby
    agrees that it will, either by itself or in conjunction with the
    Seminole Nation, raise and furnish a regiment of ten companies of
    mounted men to serve in the armies of the Confederate States for
    twelve months, the company officers whereof shall be elected by the
    members of the company, and the field officers by a majority of the
    votes of the members of the regiment. The men shall be armed by the
    Confederate States, receive the same pay and allowances as other
    mounted troops in the service, and not be moved beyond the limits of
    the Indian country west of Arkansas without their consent.[423]

    ARTICLE XXXVII. The Creek Nation hereby agrees and binds itself at any
    future time to raise and furnish, upon the requisition of the
    President, such number of troops for the defence of the Indian
    country, and of the frontier of the Confederate States as he may fix,
    not out of fair proportion to the number of its population, to be
    employed for such terms of service as the President may fix; and such
    troops shall always receive the same pay and allowances as other
    troops of the same class in the service of the Confederate
    States.[424]

    ARTICLE XXXVIII. It is further agreed by the said Confederate States
    that the said Creek Nation shall never be required or called upon to
    pay, in land or otherwise, any part of the expenses of the present
    war, or of any war waged by or against the Confederate States.[425]

    ARTICLE XXXIX. It is further agreed that, after the restoration of
    peace, the Government of the Confederate States will defend the
    frontiers of the Indian country, of which the Creek country is a part,
    and hold the forts and posts therein, with native troops, recruited
    among the several Indian Nations included therein, under the command
    of officers of the army of the Confederate States, in preference to
    other troops.[426]

Although John Ross had positively forbidden the recruiting of any force
within the limits of the Cherokee country, that while nominally for home
defense, should be in reality a reserve force for the Confederacy, he was
unable to prevent individuals from going over, on their own responsibility
entirely, to McCulloch; and many did go and are believed to have
fought[427] with his brigade at the Battle of Oak Hills, or Wilson's
Creek. That battle proved the determining point in this period of Cherokee
history. It was a Confederate victory, and a victory gained under such
circumstances[428] that the watchful Indians had every reason to think
that the southern cause would be triumphant in the end.

The dissensions[429] among the Cherokee and the constant endeavors of the
Ridge Party to develop public sentiment in favor of the Confederacy, to
undermine the popularity of John Ross, and to destroy his influence over
the full-bloods were, and there is no gainsaying it, the real causes of
the ultimate Cherokee defection. The Battle of Wilson's Creek was only the
occasion, only the immediate cause, the excuse, if you please, and of
itself could never have brought about a decision. Yet its effect[430] upon
Cherokee opinion was unquestionably great and immediate, and that effect
was noticeably strengthened and intensified by the memory of other
Federal reverses along the Atlantic seaboard, especially the more recent
and more serious one of Manassas Junction, on the twenty-first of July.

Up to about that time, the neutral policy of John Ross seems to have
received the endorsement of a majority of the Cherokee people. In the last
days of June, the Executive Council had been called together and had,
after a session of several days, publicly and officially approved[431] of
the stand the principal chief had taken to date. But events were already
under way that were to make this executive action in no sense a true index
to popular feeling. The secessionists were secretly organizing themselves,
ready to seize the first opportunity that might appear. The full-bloods,
or non-secessionists, were also organized and, under the name of "Pins,"
were holding meetings of mutual encouragement among the hills. Encounters
between the two factions were not infrequent and the half-breeds resorted
to all sorts of expedients for persuading, or that failing, of frightening
the full-bloods into a compliance with their wishes. They told them that
the Kansas people had designs upon their lands (which was not altogether
untrue), and that the Federal government would free their slaves and
otherwise dispossess, degrade, and humiliate them. Such arguments had
their effect and there was little at hand to counteract it, none in the
memory of the past, none in the neglect and embarrassment of the present,
none in the prospect of the future. There were no Federal troops, no new
Federal assurances of protection. Agent Crawford, who was the only agent
within reach, added his threats and his Confederate promises to those of
the half-breeds. Then came the Battle of Wilson's Creek with its
disastrous Federal showing, and the exhausted resisting power of the Pins
went down before the renewed secessionist ardor.

A meeting of the Cherokee Executive Council had been called for August
first, and John Ross, Joseph Vann, James Brown, John Drew, and William P.
Ross, all prominent non-secessionists, had attended it. On this occasion,
a general, or mass, meeting of the Cherokee people was arranged for, in
response to a public appeal, and the date for it was fixed for the
twentieth of August.[432] In the interval came the news from Springfield
and another communication from Albert Pike.[433]

The convention which met at Tahlequah in August of 1861 ended in the
secession of the Cherokee Nation. While it was in progress, the events of
the last few months were gone over in thorough review and emphasis placed
upon those of recent occurrence. The attendance at the convention was
large.[434] Both political factions were well represented and there seems
to have been only a slight show of force, if any, from the secessionists.
The Reverend Evan Jones is our authority for thinking that some "seventy
or eighty of them appeared there in arms with the intention to break up
the meeting;" but that only two of them succeeded in making any
disturbance.[435] In the course of the meeting, Agent Crawford put in an
appearance and again asserted himself in behalf of the Confederacy. He
"appeared on the platform," says an eyewitness,

    And stated that although for some time past he had been among the
    Cherokees acting as U. S. Agent, it had been by the advice and consent
    of the Confederate authorities, and with the understanding that when
    the proper time arrived he should declare himself the Agent of the C.
    S. A. That time had now come making this the proudest day of his
    life.[436].

Such a confession of baseness seems hardly credible. The secessionist was
entitled to his opinions touching the doctrine of state rights, for which
a difference of view found its justification both in fact and in theory.
He might even conscientiously believe in the righteousness of negro
enslavement, inasmuch as it really did offer an easy solution of a labor
problem; and moreover, would work under a benign paternalism, for the
thorough, because so gradual, development of an inferior race; but by no
standard of personal honor, or of moral rectitude could conduct such as
Crawford's be condoned.

John Ross had opened the meeting with an address in which he had defined
its purposes and his own good intentions, both past and present.
Personally, he seemed still inclined to maintain a neutral attitude but
designing persons had made his position most difficult.[437]

    ... Our soil has not been invaded, our peace has not been molested,
    nor our rights interfered with by either Government. On the contrary,
    the people have remained at home, cultivated their farms in security,
    and are reaping fruitful returns for their labors. But for false
    fabrications, we should have pursued our ordinary vocations without
    any excitement at home, or misrepresentations and consequent
    misapprehensions abroad, as to the real sentiments and purposes of the
    Cherokee people. Alarming reports, however, have been pertinaciously
    circulated at home and unjust imputations among the people of the
    States. The object seems to have been to create strife and conflict,
    instead of harmony and good-will, among the people themselves, and to
    engender prejudice and distrust, instead of kindness and confidence,
    towards them by the officers and citizens of the Confederate
    States....

    ... The great object with me has been to have the Cherokee people
    harmonious and united in the full and free exercise and enjoyment of
    all their rights of person and property. Union is strength; dissension
    is weakness, misery, ruin. In time of peace, enjoy peace together; in
    time of war, if war must come, fight together. As brothers live, as
    brothers die. While ready and willing to defend our firesides from the
    robber and murderer, let us not make war wantonly against the
    authority of the United or Confederate States, but avoid conflict with
    either, and remain strictly on our own soil. We have homes endeared to
    us by every consideration, laws adapted to our condition of our own
    choice, and rights and privileges of the highest character. Here they
    must be enjoyed or nowhere else. When your nationality ceases here, it
    will live nowhere else. When these homes are lost, you will find no
    others like them. Then, my countrymen, as you regard your own rights,
    as you regard the welfare of your posterity, be prudent how you act.
    The permanent disruption of the United States is now probable. The
    State on our border and the Indian nations about us have severed their
    connection from the United States and joined the Confederate States.
    Our general interests are inseparable from theirs, and it is not
    desirable that we should stand alone. The preservation of our rights
    and of our existence are above every other consideration. And in view
    of all the circumstances of our situation I do say to you frankly that
    in my opinion the time has now come when you should signify your
    consent for the authorities of the nation to adopt preliminary steps
    for an alliance with the Confederate States upon terms honorable and
    advantageous to the Cherokee Nation.[438]


[Illustration: COLONEL ADAIR, CHEROKEE [_From Smithsonian Institution,
Bureau of American Ethnology_]]


After having received this most solemn of warnings, "and a few pertinent
and forcible remarks from Colonel Crawford," the meeting organized with
Joseph Vann as president and William P. Ross as secretary. To effect a
reconciliation between the contending factions and to decide upon some
national policy that should be acceptable to the majority of the people,
were, undoubtedly, the objects sought and so, after much discussion, a
series of resolutions was adopted in which these ideas were given
prominence as well as some of kindred importance. The resolutions asserted
the legal and constitutional right of property in slaves and, in no
doubtful terms, a friendship for the Confederacy. Yet the convention
itself took no definite action towards consummating an alliance but left
everything to the discretion of the constituted authorities of the nation,
in whom it announced an unwavering confidence.

    Whereas we, the Cherokee people, have been invited by the executive of
    the Cherokee Nation, in compliance with the request of many citizens,
    to meet in general meeting, for the purpose of drawing more closely
    the bonds of friendship and sympathy which should characterize our
    conduct and mark our feelings towards each other in view of the
    difficulties and dangers which have arisen from the fearful condition
    of affairs among the people of the several States, and for the purpose
    of giving a free and frank expression of the real sentiments we
    cherish towards each other, and of our true position in regard to
    questions which affect the general welfare, and particularly on that
    of the subject of slavery: Therefore be it hereby

    _Resolved_, That we fully approve the neutrality recommended by the
    principal chief in the war pending between the United and the
    Confederate States, and tender to General McCulloch our thanks for the
    respect he has shown to our position.

    _Resolved_, That we renew the pledges given by the executive of this
    nation of the friendship of the Cherokees towards the people of all
    the States, and particularly towards those on our immediate border,
    with whom our relations have been harmonious and cordial, and from
    whom they should not be separated.

    _Resolved_, That we also take occasion to renew to the Creeks,
    Choctaws, Seminoles, Chickasaws, and Osages, and others, assurances of
    continued friendship and brotherly feeling.

    _Resolved_, That we hereby disavow any wish or purpose to create or
    perpetuate any distinctions between the citizens of our country as to
    the full and mixed blood, but regard each and all as our brothers, and
    entitled to equal rights and privileges according to the constitution
    and laws of the nation.

    _Resolved_, That we proclaim unwavering attachment to the constitution
    and laws of the Cherokee Nation, and solemnly pledge ourselves to
    defend and support the same, and as far as in us lies to secure to
    the citizens of the nation all the rights and privileges which they
    guarantee to them.

    _Resolved_, That among the rights guaranteed by the constitution and
    laws we distinctly recognize that of property in negro slaves, and
    hereby publicly denounce as calumniators those who represent us to be
    abolitionists, and as a consequence hostile to the South, which is
    both the land of our birth and the land of our homes.

    _Resolved_, That the great consideration with the Cherokee people
    should be a united and harmonious support and defense of their common
    rights, and we hereby pledge ourselves to mutually sustain our
    nationality, and to defend our lives and the integrity of our homes
    and soil whenever the same shall be wantonly assailed by lawless
    marauders.

    _Resolved_, That, reposing full confidence in the constituted
    authorities of the Cherokee Nation, we submit to their wisdom the
    management of all questions which affect our interests growing out of
    the exigencies of the relations between the United and Confederate
    States of America, and which may render an alliance on our part with
    the latter States expedient and desirable.

    And which resolutions, upon the question of their passage being put,
    were carried by acclamation. JOSEPH VANN, President.

        Wm. P. Ross, Secretary.
          Tahlequah, C. N., August 21, 1861.[439]

In making his plans, prior to the Battle of Wilson's Creek, for effecting
a junction with Price and coöperating with him and others in southwest
Missouri, McCulloch acted, not under direct orders from Richmond, but from
his own desire to take such a position opposite the Cherokee Neutral
Lands, once so outrageously intruded upon by Kansas settlers and now being
made the highway of marauders entering Missouri, as would make it appear
to the Cherokees that he was there as their friend and as the protector of
their interests. After the battle, he refused, and rightly in view of his
own special commission, to accompany Price in his forward march towards
the Missouri River. Instead he drew back into the neighborhood of the
Cherokee boundary and there developed his plans for attacking Kansas,
should such a course be deemed necessary in order to protect Indian
Territory.

It was at this juncture that the Cherokees as a nation expressed their
preference for the South and for the southern cause, moved thereto,
however, by the peculiarities and the difficulties of their situation. The
Executive Council lost no time in communicating[440] to McCulloch the
decision of the Tahlequah mass-meeting and their own determination to
carry out its wishes by effecting an alliance with the Confederacy "as
early as practicable." They realized very clearly that this might "give
rise to movements against the Cherokee people upon their northern border"
and were resolved to be prepared for such an emergency. They, therefore,
authorized the raising of a regiment of mounted men, home guards they were
to be and to be so designated, officered by appointment of the principal
chief, Colonel John Drew being made the colonel. It would appear that the
nucleus of this regiment, and with a strong southern bias, had made[441]
its appearance prior to the Tahlequah meeting and the circumstance gave
rise to the suspicion that the Cherokees had not been acting in good
faith. After the war, the suspicion concentrated, very unjustly, upon John
Ross and was made the most of by Commissioner Cooley at the Fort Smith
conference; in order to accomplish, for reasons dishonorable to the United
States government, the aged chief's deposition.

Drew's regiment of home guards was tendered to McCulloch and he agreed to
accept it[442] but not until after a treaty of alliance should have been
actually consummated between the Cherokees and the Confederate States.
Pending the accomplishment of that highly desirable object, McCulloch
promised to protect the Cherokee borders with his own troops and
confessed[443] that he had already authorized the enlistment of another
force of Cherokees under the command of Stand Watie, which had been
designed to protect that same northern border but "not to interfere with
the neutrality of the Nation by occupying a position within its limits."

It is not easy to decide just when or by whom the use of Indians by the
Federals in the border warfare[444] was first suggested. As late as May
twenty-second, Governor Charles Robinson of Kansas, in a letter[445] to
Superintendent Branch, protested against even so much as arming them,
which would certainly indicate that a general use of their services had
not yet been thought of or resorted to; but, in August, when Senator James
H. Lane was busy organizing his brigade of volunteers for the defense of
Kansas, he resolved,[446] rather officiously, one might think, upon using
some of the Kansas River tribes in establishing "a strong Indian camp near
the neutral lands to prevent forage into Kansas" and arranged for a
conference with the Indians at Fort Lincoln, his headquarters. Soon,
however, a stay of execution was ordered[447] until the matter could be
discussed, in its larger aspects, with Commissioner Dole, to whom
courtesy,[448] at least, would have demanded that the whole affair should
have been first submitted.

Dole was then in Kansas[449] and before long became aware[450] that
General Frémont was also favoring the enlistment of Indians, or, at all
events, their employment by the army in some capacity. He had approached
Agent Johnson on the subject, his immediate purpose being to request Fall
Leaf, a Delaware, "to organize a party of 50 men for the service of" his
department. Agent Johnson called the tribe together and discovered that
the chiefs were much averse to having their young men enlist. Dole
inquired into the matter and assured[451] the chiefs that a few braves
only were needed and those simply for special service and that there was
no intention of asking the tribe, as a tribe, to give its services. The
chiefs refused consent, notwithstanding; but Fall Leaf and a few others
like him did enlist.[452] They were probably among the fifty-three
Delawares, subsequently reported[453] as having been employed by Frémont
to act as scouts and guides. Fall Leaf attained the rank of captain.[454]
Superintendent Branch,[455] be it said, and also Commissioner Dole,[456]
at this stage of the war, were strongly opposed to a general use of the
Indians for purposes of active warfare. They knew only too well what it
was likely to lead to. Indeed, the most that Dole had, up to date,
agreed[457] to, was the supplying the Indians with the means of their own
defense when United States troops had shown themselves quite unavailable.

Dole's opinion being such, it is scarcely to be supposed that he could
have considered favorably Senator Lane's idea of an Indian camp in the
Cherokee Neutral Lands or the one, developed later, of an Indian patrol
along the southern boundary of Kansas. Lane's troubles, quite apart from
his Indian projects, were daily increasing; and, considering the method of
warfare indulged in by him and encouraged in his white troops, the same
one that pro-slavery and free-state men had equally experimented with in
squatter-sovereignty days, it would have been simply deplorable to have
permitted him the free use of Indian warriors. Complaints[458] of Lane and
of his brigade, of their jayhawking and of their marauding were being made
on every hand. Governor Robinson[459] reported these complaints and
endorsed them. Secretary Cameron, while making his western tour of
investigation, heard[460] them and reported them also. Lane
attributed[461] them to personal dislike of him, to envy, to everything,
in fact, except their true cause; but we know now that they were all
well-grounded. Yet, remarkable to relate, Lane's influence with Lincoln
and with the War Department suffered no appreciable decline. His
suggestions[462] were acted upon; and, as we shall presently see, he was
even permitted to organize a huge jayhawking expedition at the beginning
of the next year.

The mention of Lane's jayhawking expedition calls to mind the conditions
that made it seem, at the time, an acceptable thing and takes us back in
retrospect to Indian Territory and to the events occurring there after the
Tahlequah mass-meeting of the twenty-first of August. As soon as the
meeting had broken up, John Ross despatched[463] a messenger to Albert
Pike to inform him of all that had happened and of the Cherokee
willingness, at last, to negotiate with the Confederacy. It was arranged
that Pike should come to the Cherokee country, taking up his quarters
temporarily at Park Hill, the home of Ross near Tahlequah, and that a
general Indian council should be called. A special effort was made to have
the fragmentary bands of the northeast represented and Pike sent out
various agents[464] to urge an attendance. John Ross was also active in
the same interest. He, personally, communicated with the Osages[465] and
with the Creeks[466] by letter; but the Creeks,[467] like Evan
Jones,[468] seem to have been incredulous as to Cherokee defection. They
seem to have doubted the genuineness of the letter sent to them and made
inquiries about it, only to be assured[469] again and again by Ross that
all was well and that he wished the Indians en masse to join the Southern
States.

The council at Tahlequah, viewed in the light of its immediate object, was
unusually successful. Four treaties were negotiated, one[470] at Tahlequah
itself, October seventh, with the Cherokees and three at Park Hill. Of
these three, one[471] was with four bands of the Great Osages, Clermont's,
White Hair's, Black Dog's, and the Big Hill, October second; another[472]
with the Quapaws, October fourth; and the third,[473] on the same day,
with the Senecas[474] (once of Sandusky) and the Shawnees (once of
Lewistown and now of the mixed band of Senecas and Shawnees).
Hereditary[475] chiefs alone signed for the Great Osages, the merit chief,
Big Chief, being, apparently, not present. The notorious ex-United States
agent, J. W. Washbourne,[476] was very much in evidence as would most
likely also have been the equally notorious and disreputable Indian
trader, John Mathews,[477] had he not recently received his deserts at
the hands of Senator Lane's brigade.

An accurate and connected account of the occurrences at the Tahlequah
council, it is well nigh impossible to obtain. Some intimidation[478]
seems to have been used, and there was a report of a collision[479]
between the Ross and Ridge factions some days previous to the meeting.
Drew's regiment, which, when organized, had been placed as a guard[480] on
the northern border, escorted[481] Commissioner Pike to Park Hill and
later took up its station on the treaty ground. Some of Stand Watie's
Confederate forces were also in the neighborhood.[482] In 1865, at the
Fort Smith Council, held for the readjustment of political relations with
the United States government, the Indians of the Neosho Agency gave[483] a
rather picturesque description of the way they had been prevailed upon to
sign the treaty with the Confederate States. The real object of the
Tahlequah meeting was evidently not revealed to them until they had
actually reached the treaty ground. Agent Dorn had told them that they had
to go to the meeting. They went and were there taken in hand by Pike who
said,

    If you don't do what we lay before you, we can't say you shall live
    happy.

The Indians

    feeling badly, just looked on, and the white man went to work, got up
    a paper and said I want you to sign that. The Indian did not want to,
    but he compelled him. You know yourself that, under such
    circumstances, he would do anything to save his life....

Now that the history of the diplomatic relations between the Indian tribes
and the Confederacy has been brought thus far, nothing seems more fitting
than to return to the consideration of the Federal government and its
representatives, its purposes, and its plans, beginning the account with
the Indian Office and Commissioner Dole. Dole's early attempt to prevail
upon the War Department to resume its occupation of Indian Territory was
followed up by the convincing letter of the thirtieth of May in which he
likened the Indians to the Union element in some of the border states and
ended by throwing the full responsibility for any disloyalty that might
appear among them upon the Federal authorities; inasmuch as they had
neglected and were still neglecting to give the support and protection
that any ordinary guardian is bound in honor to give to his wards. Dole
said in writing to Secretary Smith,

    ... Experience has shown that the presence of even a small force of
    federal troops located in the disaffected States has had the effect to
    preserve the peace, encourage the friends of the Union, and induce the
    people to return to their allegiance.

    That this same result would be produced in the Indian country I cannot
    doubt, as they can have no inducement to unite with the enemies of the
    United States unless we fail as a nation to give them that protection
    guaranteed by our treaty stipulations, and which is necessary to
    prevent designing and evil-disposed persons from having free
    intercourse with them, to work out their evil purposes....[484]

Nothing came of Dole's application and thus was exemplified, as often
before and often since, a very serious defect in the American
administrative system by which the duty of doing a certain thing rests
upon one department and the means for doing it with quite another. It is
surely no exaggeration to say that hundreds and hundreds of times the
Indians have been the innocent victims of friction between the War and
Interior Departments.

But if the authorities at Washington were indifferent to the Indian's
welfare, Senator Lane was neither indifferent to nor ignorant of the
strategical importance of Indian Territory. With him the defence of Kansas
and the means of procuring that defence were everything. Indian Territory
and the Indian tribes came within the scope of the means. And so it
happened that, while he was organizing his Kansas brigade, he
commissioned[485] a man, E. H. Carruth, who had formerly posed as an
educator[486] among the Seminoles, to communicate with the various tribes
for the purpose of determining their real feelings towards the United
States government and of obtaining, if possible, an interview between Lane
and some of their accredited representatives. The interview was to take
place "at Fort Lincoln on the Osage or some point convenient
thereto."[487]

Now a considerable portion of the Creek tribe was in just the right mood
and in just the right situation to receive such overtures in the right
spirit. That portion consisted of those who, after the treaty of July
tenth had been negotiated in the manner already described, had rallied
around Opoeth-le-yo-ho-la; and who, in a Creek convention that had been
called for August fifth had declared that the chiefs, who had signed a
treaty outside the National Council, had violated a fundamental law of the
tribe and had thereby forfeited their administrative rank. The criticism
applied to Motey Kennard and to Echo Harjo, the principal and the second
chief respectively. Kennard, as we have seen, was the leader of the Lower
Creeks and Harjo of the Upper. A further division in Creek ranks was now
inevitable and it came forthwith, the Non-treaty Party, made up mostly of
Upper Creeks, proceeding to recognize[488] Ok-ta-ha-hassee Harjo (better
known as "Sands") as the acting principal chief of the tribe. It also
betook itself westward so as to be as much as possible out of the reach of
the secessionists. When once in a position of at least temporary security,
it despatched Mik-ko Hut-kee (White Chief), Bob Deer, Jo Ellis, and
perhaps others to Washington to confer with the "Great Father."[489]

The Creek delegates, Mik-ko Hut-kee and his companions, went, on their way
to Washington, northward through Kansas, saw Superintendent Coffin[490]
and, later, Lane's agent, E. H. Carruth. This was about the second week of
September and Carruth was at Barnesville, Lane's headquarters. Carruth
received the Creeks kindly, read sympathetically the letter[491] that
they brought from their distressed chiefs, Sands and Opoeth-le-yo-ho-la,
assured the equally distressed delegates of the continued fatherly
interest of the United States government, and sent them on their way,
greatly comforted. It was while these Creek delegates were lingering at
Barnesville that Carruth made a special effort to induce the southern
Indians generally to send representatives for an interview with Lane. He
wrote personally to Ross,[492] to the two Creek chiefs,[493] and to the
Wichita chief, Tusaquach,[494] and, in addition, wrote to the Seminole
chiefs and headmen[495] and to the "loyal" Choctaws and Chickasaws.[496]

Presumably, Superintendent Coffin did not altogether approve of Senator
Lane's taking it upon himself to confer with the Indians who, after all,
were officially Coffin's charges; for, in October, we find him, likewise,
planning for an intertribal conference to be held at Humboldt.[497] It is
rather interesting to look back upon all this and to realize, as perforce
we must, that every plan for conferring with the southern tribes in the
interests of the United States government, at this critical time,
contemplated a meeting at some place outside of Indian Territory. Here
were agents of the Indian's "Great Father" offering protection to the red
men and yet giving incontestable proof in the very details of the offer
that they did not themselves dare to venture[498] beyond the Kansas
boundary. As a matter of fact, all such plans for a general conference
came to nothing, although, as late as November, Lane had still the idea of
one in mind. He was, at the time, hoping to meet the Indians at Leroy[499]
in Coffey County, Kansas, on the twenty-fourth. Lane also continued to
advocate the use of the friendly Indians as soldiers. A little earlier,
Agent Johnson had endorsed[500] Lane's plan in a letter to Commissioner
Dole; but the coming of General Hunter upon the scene considerably
affected the sphere of influence.

Dissatisfaction with Frémont on account of his extravagance, his haphazard
way of issuing commissions, his tardiness, and, above all, his general
military incompetence had crystallized in September; and, by orders[501]
of General Scott on the twenty-fourth of October, Hunter was directed to
relieve him. Hunter reached his post in early November and almost
immediately thereafter, either upon his own initiative or after
consultation with someone like Coffin (it could hardly have been with
Lane; for Lane had gone[502] to Washington, or with Branch; for Branch was
strongly opposed to the project intended), he telegraphed[503] to the War
Department "for permission to muster a Brigade of Kansas Indians into the
service of the United States, to assist the friendly Creek Indians in
maintaining their loyalty." Evidently, the request was not granted,[504]
but duties akin to it were, by arrangement of President Lincoln, conferred
upon Hunter which involved his assuming the responsibility of holding, if
such a plan were feasible, an intertribal council so as to renew the
confidence of the southern Indians in the United States government. A
letter[505] from Dole, outlining the plan, reveals an astonishing
ignorance of just how far those selfsame Indians had gone in their
defection, because of the loss of the confidence.

In the giving of these new duties to General Hunter, there was not the
slightest intention of ignoring Senator Lane. In fact, Dole expressly
mentioned that Lane had called for just such an Indian conference[506] and
suggested that, if Hunter's military duties prevented his meeting the
Indians in person, Lane might take his place, "provided he can be spared
from his post." The whole affair was incident to the reorganization that
had recently, under general orders[507] of the ninth of November, taken
place in the Western Department, from which had resulted a Department of
Kansas, separate and distinct from the Department of Missouri. The
Department of Kansas included "the State of Kansas, the Indian Territory
west of Arkansas, and the Territories of Nebraska, Colorado, and Dakota"
and was to be under the command of Major-general David Hunter[508] with
headquarters at Fort Leavenworth. The idea governing this division of the
old western department was, ostensibly, as Nicolay and Hay express[509]
it, that Kansas might be protected, Indian Territory repossessed, and
Texas reached. As we shall presently see, a similar reorganization took
place, about the same time, in the Confederate western service and for
very much the same reason, the condition of the Indian country being a
very large proportion of that reason. It is barely possible that, as far
as the United States was concerned, Senator Lane's recommendation[510] of
the ninth of October was almost wholly accountable for the change.

It was, undoubtedly, high time that something vigorous was being done to
stay Confederate progress in Indian Territory. Indeed, events were
happening there at this very moment that made all plans for an
inter-tribal conference exceedingly out of date. The Confederate
government had now a large Indian force[511] in the field and expectations
of an increase, provided the necessary arms[512] were obtainable. On the
twenty-second[513] of November, by special orders[514] from Richmond,
Indian Territory had been erected into a separate military department and
Albert Pike, now a brigadier-general, assigned to the command of it. For
the present, however, things seem to have remained much as they were with
McCulloch nominally in command and Cooper in actual charge. Moreover, long
before Pike reappeared upon the scene, matters had come to an issue
between the secessionist and unionist Creeks.

Determined not to allow themselves to be over-persuaded or intimidated by
the secessionist element in their nation, the unionist Creeks, under
Opoeth-le-yo-ho-la, had withdrawn from active intercourse with the rival
faction and, resisting all attempts of Cooper and others to inveigle them
into an interview that might result in compromise, they had encamped at or
near the junction of the Deep and North Forks of the Canadian River.
Cooper resolved to attack them there and, for the purpose, gathered[515]
together an effective fighting force of about fourteen hundred men, all
Indians except for a detachment of Texas cavalry. On the fifth of
November, Opoeth-le-yo-ho-la broke camp and took up the line of march for
Kansas, hoping that, in Kansas, he and his followers would receive either
succor or refuge. It has been estimated that Opoeth-le-yo-ho-la's force,
at this time, was less than two thousand men and that it comprised,
besides Creeks and Seminoles, some two or three hundred negroes. His
traveling cortège was, however, very much larger; for it included women
and children, the sick and the aged. Approximately half of the Creeks were
on the move for pastures new. For many of them it was a second exodus.

Colonel D. H. Cooper reached the deserted camp of Opoeth-le-yo-ho-la on
the fifteenth of November and, finding his enemy gone and locating his
trail, moved himself in a slightly northeasterly direction towards the Red
Fork of the Arkansas. He came up with the unionist Creeks at Round
Mountain on the night of the nineteenth and an indecisive engagement[516]
followed, both sides claiming the victory. Under cover of darkness,
Opoeth-le-yo-ho-la managed to slip away and crossed into the Cherokee
country where there were plenty of disaffected full-bloods to give him
sympathy. It is more than likely that they had invited him there and had
prepared for his coming. Cooper did not attempt to pursue the Creek
refugees, having been called back to the Arkansas line, there to wait in
readiness to reënforce McCulloch should the Federals make a forward march
southward from Springfield, as then seemed probable. But that danger soon
passed, passed even before Cooper had had time to take the post indicated
or to leave his own camp at Concharta, after a brief recuperation. He was
now free to follow up the meagre advantage of the nineteenth.

The next opportunity to crush Opoeth-le-yo-ho-la came in the Battle of
Bird Creek [Chusto-Talasah, Little High Shoals, or the Caving Banks],[517]
fought December 9, 1861. On the twenty-ninth of the preceding month, a
part of Cooper's force had set out for Tulsey Town and an advance guard
had been sent up the Verdigris in the direction of a place, called
"Coody's Settlement," where Colonel John Drew with a detachment of his
regiment of Cherokee full-bloods was posted. The orders were that Drew
should effect a junction with Cooper's main force and, on December eighth
they were all encamped on Bird Creek in the southwestern corner of the
Cherokee Nation. At this juncture, word came that Opoeth-le-yo-ho-la
wished to treat for peace and Major Pegg, a Cherokee, with three
companions was sent forward to confer with him. They found the Creek
chief, surrounded by his warriors and ready for battle. It was evening and
Colonel Cooper had scarcely heard the news of the Creek determination to
fight when a message came that four companies of Drew's regiment,
horrified at the thought of fighting with their neighbors, had dispersed
and gone over to Opoeth-le-yo-ho-la. The incident did not promise well for
success on the morrow and the Battle of Bird Creek was another indecisive
engagement, although the Creeks, eager and resplendent with their yellow
corn-shuck badges, seem to have had all the advantage of position. Again
they made their escape and again Colonel Cooper was prevented from
following them, this time because he was exceedingly fearful lest the
Cherokee desertion might have a lasting and disastrous effect upon the
remaining Indian forces, particularly upon the small group that was all
that was left of the original First Cherokee Mounted Rifles. Cooper's
personal opinion was, that the defection was widespread among the
Cherokees and that it would be sheer folly to start out after
Opoeth-le-yo-ho-la until more white troops had been added to the pursuing
force, by way both of reënforcement and of encouragement.

Instead, therefore, of continuing northward, Colonel Cooper drew off in
the direction of Fort Gibson and, from that point, sent for aid to Colonel
James McIntosh at Van Buren. He then occupied himself with his own troops
and prevailed upon John Ross to rally[518] the Cherokees. It was now the
nineteenth of December and the aged chief did his best to keep his people
true to the faith that the nation had pledged in the treaty of the seventh
of October. He recalled to their minds the fact that it was, by all odds,
the best treaty that the Cherokees had ever secured, the one that gave
them the fullest recognition of their rights as a semi-independent people,
and he might have added with sad, sad truth that it was the best that they
could ever hope to get. He made no such pessimistic reflection, however,
but concluded,

    It is, therefore, our duty and interest to respect it, and we must, as
    the interest of our common country demands it. According to the
    stipulations of the treaty we must meet enemies of our allies whenever
    the south requires it, as they are our enemies as well as the enemies
    of the south; and I feel sure that no such occurrence as the one we
    deplore would have taken place if all things were understood as I have
    endeavored to explain them. Indeed the true meaning of our treaty is,
    that we must know no line in the presence of our invader, be he who he
    may....[519]

Colonel Cooper then addressed[520] the Indians and, after him, Major
Pegg;[521] but they were not convinced and many of them went home,
positively refusing to march farther with the army.

Meanwhile Cooper's call for reënforcements had reached McIntosh[522] and,
as the need seemed so urgent, McIntosh resolved to supply it and notified
Cooper to that effect. Subsequently, he decided[523] to take the field in
person and to head a column, separate from Cooper's. What induced him to
do this, nobody can well say. Cooper always felt that the incompleteness
of the victory over Opoeth-le-yo-ho-la, which was soon to come, was mainly
attributable to the divided effort of the attacking force. In the two
former engagements, Opoeth-le-yo-ho-la's force, such as it was, untrained
and miscellaneous, had greatly outnumbered the Confederate; but now the
two were more equally matched in point of numbers and the chances of
success were all on the southern side because of superior training and
equipment, so Cooper was probably correct in his conjecture. McIntosh's
excuse[524] for advancing precipitately and alone was, notwithstanding,
very reasonable. The scarcity of forage made it expedient to march
compactly; and the two generals had agreed, so McIntosh declared, when in
conference at Fort Gibson, "that either force should attack the enemy on
sight."

The privilege of attacking Opoeth-le-yo-ho-la fell, under this
arrangement, supposing it was made, to McIntosh, who had been able to push
on in advance of Cooper. The Battle of Chustenahlah was fought in the
early afternoon of December 26, 1861, and ended in what seemed the
complete defeat of the Creeks. McIntosh reported that, although their
position was strong, they were forced to retreat

    To the rocky gorges amid the deep recesses of the mountains, where
    they were pursued by our victorious troops and routed in every
    instance with great loss. They endeavored to make a stand at their
    encampment, but their efforts were ineffectual, and we were soon in
    the midst of it. The battle lasted until 4 o'clock, when the firing
    gradually ceased....[525]

And then the Creeks fled, leaving practically everything in the shape of
property behind them. Cooper came up and detachments of his troops pursued
them almost to the Kansas line. The weather was bitterly cold, provisions
scarce, the country rough and bleak. The pursuit took the form of a seven
day scout; but the Creeks, no matter how great their dispersion, were
headed straight for Walnut Creek, Kansas.

Their coming was anticipated. Hearing of their approach, Superintendent
Coffin had directed[526] all the agents[527] under his charge to report to
him for duty at a place on the Verdigris River called Fort Roe[528] "about
thirty-five or forty miles from Leroy and Burlington." It was Coffin's
intention to meet the refugees upon their first arrival; but, as
Commissioner Dole was expected soon to be at Fort Leavenworth, he thought
it best to wait[529] and consult with him. It does not seem to have been
recorded on just what date the first of the Indian refugees crossed the
Kansas line, but they were very soon crossing in great numbers and, by the
time Coffin finally reached them, their condition was truly pitiable. They
took up their station on the bare prairies between the Verdigris and the
Arkansas Rivers and stretched themselves in almost hopeless confusion
over about two hundred miles of country. Fortunately the land upon which
they camped was Indian land, New York Indian land, and the few white men
thereon were legally intruders and could not consistently object to the
presence of the refugees. The numbers of the refugees were variously
estimated. Starting with about forty-five hundred,[530] they increased
daily and at an astonishing rate; for the exodus of the Creeks was but the
signal for the flight of other tribesmen from Indian Territory, of all
those, in fact, who were either tired of their alliance with the
Confederacy or had never been in sympathy with it and were only too eager
to take the first chance to escape from it.

The suffering of the refugees, due to destitution and exposure, was
something horrible to think upon. Superintendent Coffin had little to give
them. He appealed to General Hunter for an allowance from the army
supplies and Hunter sent down his chief commissary of subsistence, Captain
J. W. Turner, to do what he could to relieve the distress. Hunter also
sent Brigade-surgeon A. B. Campbell; for it was not simply food and
clothing, that were needed and roof shelter, but medical attendance. As
soon as possible, cheap blankets[531] were furnished and some condemned
army tents. The journey northward had been undertaken in the bitterest of
cold weather. With a raw northwest wind beating in their faces,

    And over the snow-covered roads, they travelled all night and the next
    day, without halting to rest. Many of them were on foot, without
    shoes, and very thinly clad.... In this condition they had
    accomplished a journey of about three hundred miles; but quite a
    number froze to death on the route, and their bodies with a shroud of
    snow, were left where they fell to feed the hungry wolves....

    Families who in their country had been wealthy, and who could count
    their cattle by the thousands and horses by hundreds, and owned large
    numbers of slaves, and who at home had lived at ease and comfort, were
    without the necessaries of life.[532]

When, sometime in early December, Commissioner Dole heard of the
resistance that the unionist Creeks were making to Colonel Cooper, he
immediately applied once more, through the Secretary of the Interior,
to the War Department for troops sufficient to assert Federal supremacy
south of the Kansas line, his immediate object being, the strengthening of
the force then opposed to Cooper. At the moment, Lane's expedition was
under consideration, Lane having managed to convince the Washington
authorities, both congressional and administrative, that an expedition
southward was absolutely necessary[533] for the protection of the
frontier.


[Illustration: Retreat of the Loyal Indians from the Indian Country under
A-poth-yo-ho-lo in the winter of 1861 [_From Office of Indian Affairs_]]


Somewhat earlier, in fact in the late autumn, the non-secession Indians of
various tribes had made their own appeal for help. They had made it to the
United States government and also, a little later on, to the Indian tribes
of Kansas. Along about the first of November, a mixed delegation[534] of
Creeks, Seminoles, and Chickasaws had made its appearance[535] at Leroy
and, finding there the United States Creek agent, George A. Cutler, had
consulted with him "in reference to the intentions of the Federal
government regarding the protection due them under treaty stipulations."
Cutler advised the Indians to talk the matter over with Senator Lane and
accompanied them to Fort Scott, Lane's headquarters, for the purpose.
Arriving there, they learned that Lane had gone to Washington and had left
his command in charge of Colonel James Montgomery. Colonel Montgomery
counselled with the Indians as Cutler had done and helped them to reach
the decision that it would be best to proceed to Washington and lay their
complaints before the Commissioner of Indian Affairs. At the same time,
Montgomery notified[536] President Lincoln of their intention.

Still accompanied by Agent Cutler, the delegation resumed its journey,
going by way of Fort Leavenworth. There they conferred[537] with General
Hunter and left greatly strengthened in their resolution of proceeding to
Washington; for Hunter, too, thought that such a trip might compel the
government to realize the Indian's very real distress and its own
obligation to relieve it. We are fain to believe that General Hunter
personally believed in the military necessity of securing Indian Territory
even though he did do all he could to oppose the project of Senator Lane
in the early months of 1862 and even though he did disapprove of the
formation of the department of Kansas and his own assignment to it
instead of to that of Missouri, which would have been his preference. If
he at any time to date had wavered[538] in his opinion as to the needs of
the Indians and their legitimate claim upon the United States government
for protection, Carruth's letter of November twenty-sixth ought to have
settled the matter, unless, indeed, its rather savage tone had created
prejudice instead of working conviction as was intended.

    ... I have from the first believed it would be good policy to let
    loose the northern Indians, under the employ of government; it
    certainly would be better for the border States to have the Indian
    country for a battle ground than to have it remain a shelter for rebel
    hordes the coming winter....[539]

The visit of the Indians to Washington proved very opportune. By the
twenty-seventh of December, they were back at Fort Leavenworth and
considerably reassured. Superintendent Coffin had a council with them on
the twenty-eighth "at the Fort to good satisfaction." He says of his
interview,

    I gave them Presents of Pipes, tobacco, and Sugar, and they went on
    their way to Fort Scott rejoicing they seem to be in fine
    Spirits,[540] but are at a Loss what to do for a living til Lanes Army
    goes down there into the Indian Territory they want very much to get
    Some of the Funds now due the Creeks....[541]

A more pathetic appeal, and one more immediately telling in its effects,
was that made to the brother Indians of Kansas. It came direct from
Opoeth-le-yo-ho-la and when it reached the Delawares found in them a ready
response. It invited their coöperation[542] in the war and asked for men
and ammunition.[543] This is the Delaware reply:[544]

    We are much rejoiced to receive your letter by James McDaniel[545] and
    David Balon. Our Agent has sent it to our great Father, the
    President, "at Washington," and to Gen. Hunter at "Fort Leavenworth."
    It gives us great pleasure to hear that you are good and true friends
    to the President, and to the Government of the United States. We hope
    you will continue to be their friend. If bad men of the South ask you
    to go to war against the President, stop your ears, don't listen to
    them, they are your worst enemies, they are trying to destroy you and
    the Country.

    Grand Children it does our hearts good, we rejoice to hear of the
    victories you have gained over your enemies of the Government under
    your brave leader Oputh-la-yar-ho-la.

    Grand Children we are ready and willing to help you. Our brave
    Warriors are ready to spill their Blood for you, and are only waiting
    to hear from our great Father at Washington, we have asked of him the
    privaledge of going to your assistance, and hope that our request will
    be granted, we don't wish to go to War against the wishes of our great
    Father the President. We have heard that the President will soon have
    a large Army in the Indian Country to protect you, that he has
    ordered Gen. Lane to march to your relief. We are confident that our
    great Father is able and will protect his red children--Grand Children
    we pray to the "great spirit" to protect you and keep you out of the
    hands of the bad men of the South, who are trying to destroy you and
    the Government--We have no fears as to the result of this war--the
    President has large Armies in the field that will conquer and punish
    the Rebels--We are proud of our Muscogee Children.

The United States government had already determined upon an expedition to
the Indian country and, yielding to the importunities of Senator Lane, who
represented General Hunter as in full accord with himself in the matter,
had decided to use the Kansas Indians in the making up of the attacking
force. It was well that the Indians had manifested a readiness to fight
and that the Delawares, particularly, had overcome their previous
aversion. The first official record of the fact that the decision to use
the Kansas Indians had been reached appears to be a communication[546]
from Assistant Adjutant-general E. D. Townsend to Surgeon-general C. A.
Finley, under date of December 31, 1861, notifying him that medical
supplies would soon be needed for a force of about twenty-seven thousand
men, about four thousand of whom were to be Indians, which was to be
concentrated at an early day near Fort Leavenworth. On the third of
January, Lane wrote[547] to Hunter, informing him, as if at first hand
and semi-officially, of the new plan. It is not to be wondered at that
General Hunter took offence at the officiousness and presumption Lane
displayed. In point of fact, it was a clear case of executive
interference.

Now that it had, to all appearances, gained a long-desired object, the
Indian Office lost no time in lending the War Department its hearty
coöperation. Commissioner Dole was especially enthusiastic and, under
instructions from Secretary Smith, prepared to go out to Kansas himself to
help organize the Indians for army service. He also sent particulars[548]
of the new movement to Superintendent Branch and a circular letter[549] to
the agents of the central superintendency, detailing the advantages that
would accrue to individual Indians should they enlist. Dole wrote these
letters on the sixth of January and was then expecting to be in
Leavenworth City for the making of final arrangements eight or ten days
"hence." He did not manage to get away, however, quite so soon; but the
agents went to work immediately and, even before Dole arrived in Kansas,
Agent Farnsworth, who had always been rather too eager for Indian
enlistment, was able to report[550] the initial steps taken. By the
twenty-first of January,[551] Dole was well on his way west. He reached
Kansas in due season and there learned[552] for the first time, that
Opoeth-le-yo-ho-la had been completely overwhelmed, that the refugees were
on the Verdigris, and that General Hunter was subsisting them. This was
doleful news, indeed, and made the project of a southern expedition seem
more and more expedient.

General Hunter had done the best he could to relieve the awful sufferings
of the refugees; but, on the sixth of February, he was obliged to
inform[553] Dole that he could do no more, that he had practically reached
the end of his resources, and that, after the fifteenth of February, the
whole responsibility of subsisting the destitute Indians would have to
fall upon the Interior Department. Dole was almost at his wits' end. He
had no funds that he could use legitimately for the need that had arisen.
It was a case of emergency, however, and something certainly had to be
done. Before the fifteenth of December arrived, additional reports[554]
came in from Superintendent Coffin, detailing distress. Under the
circumstances it was necessary to act quickly and without congressional
authorization. Dole telegraphed[555] to Secretary Smith,

    Six thousand Indians driven out of Indian territory, naked and
    starving. General Hunter will only feed them until 15th. Shall I take
    care of them on the faith of an appropriation?

He received a reply[556] that should have been dictated, not so much in
the spirit of generosity, as of simple justice:

    Go on and supply the destitute Indians, Congress will supply the
    means. War Department will not organize them.

With this approbation in hand, Dole went to work, purchased sufficient
supplies on credit, and appointed[557] a special agent, Dr. William Kile
of Illinois, who had been commissioned[558] by President Lincoln to act on
Lane's staff and was then in Kansas as Lane's brigade quartermaster, to
attend to their distribution. Meanwhile, the attention of Congress had
been called to the matter and a particularly strong letter of Dole's,
describing the utter misery of the exiles, was read in the Senate February
14, in support of a joint resolution for their relief.[559] It was
intended originally to apply only to the loyal Creeks, Seminoles, and
Chickasaws but had its title changed later so as to make it include the
Choctaws. On the third of March, Congress passed[560] an act providing
that the annuities of the "hostiles," Creeks, Chickasaws, Seminoles,
Wichitas, and Cherokees, should be applied, as might be necessary, to the
relief of refugees from Indian Territory. It was expressly stipulated in
this enactment[561] that the money should not be used for other than
Indian Territory tribes.

Secretary Smith's telegram, as the reader has probably already observed,
had given to Dole a small piece of information that was not of slight
significance, signifying as it did a change of front by the War
Department. The War Department had rescinded its former action and had now
refused to organize the Indians for service. The objections to Lane's
enterprise must have been cumulative. Before the idea of it had embraced
the Indians and before it had become so closely identified with Lane's
name and personality, in fact, while it was more or less a scheme of
McClellan's, Hunter had interposed[562] objections, but purely on military
grounds. His force was scarcely equal to a movement southward.
Subsequently, Halleck interposed objections likewise and his reasons,[563]
whatever his motives may have been, were perfectly sound, indeed, rather
alarmingly so, since they broadly hinted at the miserably local interests
involved in the war in the west and the gross subordination of military
policies to political. Then came Lane with energy like the whirlwind, a
local politician through and through. He had absolutely no respect for
official proprieties and the military men, opposed to him, were men of
small calibre. He reached Kansas, joyfully intent upon putting into
immediate effect the power that Lincoln had conferred upon him, only to
find that there stood Hunter, fully prepared to contest authority with
him. The Adjutant-general had written[564] Hunter that Lane had not been
given a command independent of his own and that, if he so desired, he
might conduct the expedition southward in person. In the evening of the
twenty-sixth, Lane reached Leavenworth, and the very next day, Hunter
issued general orders[565] that he would command in person. Taken aback
and excusably indignant, Lane communicated[566] at once with John Covode
and requested him to impart the news to the President, to Stanton[567] and
the new Secretary of War, and to General McClellan.

Official sensitiveness was unquestionably at the bottom of the whole
trouble, yet Lincoln was very largely to blame for having yielded to
Lane's importunities. He frankly said that he had wished to keep the
affair out of McClellan's hands as far as possible.[568] He hoped to
profit by the services of both Hunter and Lane; but, if they could not
agree, then Lane must yield the precedence to Hunter. He must report for
orders or decline the service.[569] Military men, stationed in the west,
and civil officers of Kansas were all prejudiced against the "Lane
Expedition."[570] They expected it to be nothing but jayhawking and
marauding of the worst description. The Indians, however, were deeply
disappointed[571] when a halt came in the preparations.
Opoeth-le-yo-ho-la personally addressed a communication[572] to Lincoln.
He wanted nobody but Lane to command the expedition. Pending a settlement,
Dole ordered[573] Coffin[574] to desist from further enrollment.
Secretary Stanton was declared opposed to the use of Indians in civilized
warfare.[575] Soon the orders for the expedition were countermanded with
the understanding, explicit or implied, that it should later proceed under
the personal direction of General Hunter.

The military situation in the middle west and the great desire on the part
of the Confederacy to gain Missouri and to complete her secession from the
old Union necessitated, at the opening of 1862, a thorough-going
reörganization of forces concentrated in that part of the country.
Experience had shown that separate and independent commands had a tendency
to become too much localized, individual commanders too much inclined to
keep within the narrow margin, each of his instructions, for the good of
the service as a whole to be promoted. It was thought best, therefore, to
establish the Trans-Mississippi District of Department No. 2[576] and to
place in command of it, Major-general Earl Van Dorn. The district was to
comprise all of Louisiana north of the Red River, all of Indian Territory
proper, all of Arkansas, and all of Missouri west of the St. Francis. Wise
in the main, as the scheme for consolidation unquestionably was, it had
its weak points. The unrestricted inclusion of Indian Territory was
decidedly a violation of the spirit of the Pike treaties, if not of the
actual letter. Under the conditions of their alliance with the
Confederacy, the Indian nations were not obliged to render service outside
of the limits of their own country; but the Confederacy was obliged,
independent of any departmental reörganization or regulations, to furnish
them protection.

Almost the first thing that Van Dorn did, after assuming command of the
new military district, was to write,[577] from his headquarters at
Jacksonport in eastern Arkansas, to Price, advising him that Pike would
shortly be ordered to take position in southwestern Missouri, say in
Lawrence County near Mt. Vernon, "with instructions to coöperate with you
in any emergency." Van Dorn was then laboring under the impression that
Pike's force consisted of a majority of white troops, three regiments, he
thought, out of a brigade of eight or nine thousand men, whereas there was
only one white regiment in the whole Indian department. Colonel Cooper
complained[578] that this latter condition was the fact and insisted that
it was contrary to the express promises made, by authority,[579] to the
Choctaws and Chickasaws when he had begun his recruiting work among them
the previous summer. Had Van Dorn only taken a little trouble to inquire
into the real state of affairs among the Indians, he would, instead of
ordering Pike to bring the Indian regiments out of Indian Territory, have
seen to it that they stayed at home and that danger of civil strife among
the Cherokees was prevented by the presence of three white regiments, as
originally promised. At this particular time as it happened, Pike was not
called upon to move his force; for the order so to move did not reach him
until after the Federals, "pursuing General Price, had invaded
Arkansas."[580]


[Illustration: FORT McCULLOGH [_From Office of Indian Affairs_]]


It proved, however, to be but a brief stay of execution; for, as soon as
Van Dorn learned that Price had fallen back from Springfield, he
resolved[581] to form a junction with McCulloch's division in the Boston
Mountains and himself take command of all the forces in the field. He
estimated[582] that, should Pike be able to join him, with Price's and
McCulloch's troops already combined, he would have an army of fully
twenty-six thousand men to oppose a Federal force of between thirty-five
and forty thousand. Pike was duly informed[583] of the new arrangement and
ordered[584] to "hasten up with all possible dispatch and in person direct
the march of" his "command, including Stand Watie's, McIntosh's, and
Drew's regiments." His men were to "march light, ready for immediate
action."[585] The outcome of all these preparations was the Battle of Pea
Ridge[586] and that battle was the consummation, the culminating point, in
fact, of the Indian alliance with the Southern Confederacy. It was the
beginning of the end. It happened just at the time when the Richmond
legislators were organizing[587] the great Arkansas and Red River
superintendency,[588] which was intended to embrace all the tribes with
whom Albert Pike had made his treaties. Albert Pike retired from Pea Ridge
to his defences at Fort McCulloch, angry and indignant that the Indians
had been taken out of their own country to fight the white man's battles.
His displeasure was serious; for the Indian confidence in the Confederacy
depended almost wholly upon the promises and the assurances of the
Arkansas poet.




APPENDIX A--FORT SMITH PAPERS


_Copy_

TAHLEQUAH, January 9th 1857.

SIR:--Some time since I received a letter from you calling for information
in reference to the white intruders who were settling upon the Cherokee
Neutral Land. I have been creditably (credibly) informed that there are
several white families living upon the Neutral Land, some of them are
making improvements, others are in the employment of Cherokee Citizens,
living on the Neutral Land, from the best information that I can get, most
of the intruders are good citizens of the U-States. I have notified them
to leave, with the understanding that if they do not leave by spring, they
will be removed by the Military. My reason for not removing them at an
earlier date is, the weather is so cold and disagreeable that it would be
improper to turn women and children out of doors, therefore I will not
remove them til the winter breaks it maybe that the Military will have to
be employed in their removal: yet I shall make the effort to remove them
peacefully and without the military if possible. Very Respectfully, Your
ob't, Svt.

    (Signed). GEO. BUTLER, Cherokee Agent.

Doct. C. W. Dean, Sup't. of Ind. Affs.


_Copy_

FORT SMITH, ARKANSAS, February 19th, 1859.

SIR: I deem it my duty as an independant citizen to apprize you, as the
head of the Indian Bureau, of a recent transaction of the Superintendent
of Indian Affairs at this place, and demand of you the proper action the
facts may impose.

A contract has been given to an intimate friend and relation of the
Superintendent, to feed the Witchita and other Indians inhabiting the
country between the 98th and 100th degrees, West Longitude, at a sum pr
ration, of one third, perhaps one half, more than other persons would have
fed these Indians for; which persons were denied the privilege of
contending for the contract, as no puplic notice inviting proposals was
made, and the contract was given privately.

I assert this postively, as to the notice for proposals, and enclose you a
letter of Capt. J. H. Strain, confirmatory of the fact, that he was
willing to feed the Witchitas, for a sum far less than the records of your
Office must show the government has been pledged to pay another. The
character of this gentleman, who has been for years Sutler at Fort
Arbuckle, if unknown to you, can be avouched by the U. S. Senators from
this State.

The Seminoles are now fed under a contract given in the usual regular mode
of publishing invitations for proposals and awarding the contract to the
lowest bidder, at the sum of about seven cents pr ration. The Witchitas
are encamped only forty or fifty miles from the Seminoles and near the
Texas and Chickasaw lines, where corn and beef are much cheaper and more
abundant. In proof of this I refer you to late contracts for these
articles given at Fort Washita and Fort Arbuckle--the first being near the
Witchitas, and the other near the Seminoles. Captain Strain says he would
have fed the Witchitas for ten cents per ration, and if proposals had been
invited, the Contract would have been taken for a less sum.

There are some seven hundred Indians now fed, and thirteen cents pr ration
is the sum stated as allowed--I believe it is more, but the Indian Office
contains the proof of the exact sum. If the Contract had been given at
nine cents pr ration, it would have been a saving of twenty eight dollars
pr day, over the price said to be now paid, which would amount to eight
hundred and forty dollars pr month, and ten thousand and eighty dollars a
year. This is surprisingly large, for a small Indian contract, and at a
time too when the duty of government Officers to retrench expenses is so
imperiously demanded.

I am opposed to such favoriteism under any circumstances, and particularly
so, when the recipient can lay no claim to Democratic support.

I am credibly informed that the number of the Indians fed under this
contract, is rapidly increasing, and that efforts are all the time made to
induce the Texas Reserve Indians to claim relationship with the Wichitas,
and come into their camp and draw rations. One of the employees under this
Contract makes this statement, and says quite a number have already been
induced so to come. If the number is swelled to two thousand, as
conjectured here, the large price now paid will roll up the sum thus
disbursed to the Superintendents favorite so much that other notice will
be taken of it, unless you find it in your power to interfere.

I am tired of such conduct and such unfairness towards the government,
and now make the charge distinctly and demand of you that it be stopped.

Of course I have no desire to withhold my name, and can refer you to
Senators Sebastian and Johnson for an endorsement of my character.

Please acknowledge receipt of this. I am most respectfully, Your Obt.
Servant,

    A. G. MAYERS.


  Hon. J. W. Denver, Comr. Ind. Affairs,
    Washington City, D. C.

P.S. I may add that I am not, nor have I ever been interested in these
sort of Contracts, and have no desire to be interested in this one.

    A.G.M.


FORT SMITH 16th Feby. /59.

DEAR SIR: I am in receipt of yours of the 15th inst. You were correct in
understanding me to say, that I was willing to feed the Witchita Indians,
near Fort Arbuckle, at ten cents per ration.

Was the contract to be let to the lowest bidder, it would go below what I
said I was willing to take it at. Very Respectfully, Your Obt. Servant

    J. H. STRAIN.

Gen. A. G. Mayers, Ft. Smith, Ark.


  DEPARTMENT OF THE INTERIOR. OFFICE INDIAN AFFAIRS,
    May 12th 1859.

SIR, For your information and such action as you may deem necessary, I
transmit a copy of a letter, and its enclosures, addressed to this Office
by A. G. Mayers on the 21st ultimo, and of my reply of the 11th instant.
Very respectfully, Your Obt. Servant,

    CHARLES E. MIX, Commissioner, ad interim.

  E. Rector Esq, Superintendent &c,
    Fort Smith, Arkansas.


_Copy_

FORT SMITH, ARKANSAS April 21st 1859

  CHAS. E. MIX, Esq, Acting Comr. of Indian Affairs
    Washington City D. C.

SIR:--Allow me to ask of you the favor to inform, officially whether the
funds provided by the Government for the subsistence of the Wichita
Indians has been turned over to the Superintendent of Indian Affairs at
this place or any other disbursing offices of the department, to carry out
the Contract made by the Supt. with C. B. Johnson for subsisting those
Indians after the facts reported by me in regard to the matter, in a
letter to the Commissioner of Indian Affairs of date the 19th Feby 59--.

It has been stated to me that such monies have been so turned over to the
Superintendent, and statement has been contracted, I therefore wish to
know of you the truth of the matter, and am assured such information will
be readily afforded me.

I may add, to strengthen the report of facts formerly made by me in regard
to the Wichita Contracts, that the Seminoles, who are subsisted at a sum
less than seven cents per ration, under contract given after publication
for proposals, are near Fort Arbuckle, and the Wichitas, who are subsisted
under private contract at over thirteen cents per ration, are near Fort
Washita and within the Chickasaw Nation (much of course to the annoyance
of the Chickasaws). Now I ask a reference to the Comparative Contracts to
feed the two tribes on file in your office, with the Contract for corn and
beef given at the two posts mentioned to supply the Soldiers, on file in
the War Office, to convince you that the Witchitas are fed at an
exhorbitant cost to the Government.

I also herewith enclose a letter from Mr. Dennis Trammel, who was the
Contractor to feed the Seminoles; stating that he was willing, and had so
stated it to the Supt, to feed the Wichitas for seven cents pr ration. For
Mr Trammel's veracity I can avouch and full endorsement can be given of it
from others, if required; as can be done for my own character and standing
in this community.--

I intend to follow up this matter to a conclusion, and in so declairing
must state that I do it without motive of personal malice and simply as an
impartial Citizen and a supporter of the administration--impelled to the
duty in view of the universal acclaim throughout the Country for economy
in Govt. expenses on account of the depleted state of the Treasury,
Otherwise I might have left the unpleasant affair to the proper officers
of the Government to find out and determine as they might see proper,

Let me ask;--Is it true that the Supt. has received the Two hundred
thousand dollars due the Creeks under the treaty of 1851, without an order
from that tribe to the government to send out the money and upon the
Supt's own responsibility?--An early reply will greatly oblige me, Very
Respectfully Your obt. Svt.

    A. G. MAYERS.


_Copy_

GREENWOOD ARKANSAS April 18th 1859.

DEAR SIR: I have understood that you was willing to feed the Wichataw
Indians at the same price that you received from the Government for
feeding the Seminole Indians.

Please state if I am correct in so understanding your propositions Very
respectfully Your Obt. Servt.

    A. G. MAYERS

Mr Dennis Trammell, at Greenwood Arks.


_Copy_

BACKBARN Aprial 19. 1859.

DEAR SIR: I recd your note of the 18 instant and state that you are
correct, I have stated that I was willing to feed them at the same price 7
cents. I am Yours, &c.

    DENNIS TRAMMELL

Genl, A. G. Myers Esq.


_Copy_

  DEPARTMENT OF THE INTERIOR, OFFICE INDIAN AFFAIRS
    11th May 1859.

SIR: In reply to your letter of the 21st Ultimo I have the honor to state
that a portion of the funds appropriated by Congress towards defraying the
expenses of Colonizing the Wichita and other Indians in the western part
of the Choctaw and Chickasaw country, including their temporary
subsistence, has all along been in the hands of Superintendent Rector, to
meet any necessary current expenses connected with said measure.

In regard to the contract made with Mr. C. B. Johnson by Superintendent
Rector, for feeding the Witchitas, it was but a temporary measure to meet
an emergency, and was fully approved by the late Commissioner of Indian
Affairs, under subsequent instructions Supt. Rector, will it is expected,
at an early day, make a different arrangement, for furnishing said Indians
with such subsistence as must necessarily be supplied to them by
advertising for proposals therefor, or by causing it to be purchased and
issued to them direct by an agent of the Government, as may be best and
most economical.

The money due the Creeks under the Treaty of 1856, to which you refer, was
placed in Superintendent Rectors hands to be paid to them, in compliance
with the formal and urgent demand of the Council of the tribe. Very
respectfully Your Obt Servant

    Signed. CHAS. E. MIX, Commissioner ad interim.

A. G. Mayers Esq., Fort Smith Arks.


  DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS,
    March 14, 1860.

SIR: Robert J. Cowart, Esq. of Georgia, has been appointed by the
President, by and with the advice and consent of the Senate, Agent of the
Cherokee Indians in place of George Butler, Esq. whose commission has
expired.

He has been directed to report himself to you at Fort Smith for
instructions, when you will assign him to duty. His compensation will be
at the rate of $1500 per annum, and the time of its commencement will be
fixed upon when he arrives in this City, which he has been directed to
take in his route to Fort Smith. The sufficiency of his bond will also be
made the subject of examination at this Office upon his arrival.

A letter has been written to M{r} Butler notifying him of the appointment,
and directing him to make up and forward his accounts immediately, and to
turn over to Mr. Cowart all moneys, papers, and other property in his
hands upon application. Very respectfully, Your obedient servant,

    A. B. GREENWOOD, Commissioner.

Elias Rector, Esq., Superintendent, &c., Present.


  DEPARTMENT OF THE INTERIOR, OFFICE INDIAN AFFAIRS,
    April 21, 1860.

SIR: From information that has been received at this Office in regard to
certain persons, who are residing within the limits of the Cherokee
nation, it is found necessary to call your attention to the propriety of
seeing that the provisions of the Intercourse law are observed with
respect to them. By reference to the law, you will find that no person can
reside within the limits of the country of any Indian nation or tribe
without permission, and such must be obtained under certain prescribed
rules; and even after permission is given, if the party is found abusing
the privilege by acting in violation of any of the provisions of law, or
is found unfit to reside in the country whether from example, from the
want of moral character, from his interference with the institutions of
the tribe, from seditious language and teachings, or from any cause
tending to disturb the peace and quiet of the tribe, or tending to
alienate their attachment to the Government of the United States, the
Superintendent of Indian Affairs, and Indian Agents have authority to
remove him; and the President is authorized to direct the Military force
to be employed in such removal.

The necessity for such power, and for greater facility in carrying the
same into execution, was so apparent, that at the first session of the
35th Congress it was found advisable to legislate further in the matter;
and the 3rd Section of the Indian appropriation bill was accordingly
passed, which is, "That the Commissioner of Indian Affairs be, and he is
hereby, authorized and required, with the approval of the Secretary of the
Interior, to remove from any tribal reservation any person found therein
without authority of law, or whose presence within the limits of the
reservation may, in his judgment, be detrimental to the peace and welfare
of the Indians, and to employ for the purpose such force as may be
necessary to enable the agent to effect the removal of such person or
persons."

As I remarked before, I am induced to believe that the Cherokees have just
cause of complaint from the presence of some such persons within their
limits,--and it is my desire that you call the attention of the newly
appointed Agent particularly to the subject. He should look not only to
those cases which are there originally without authority of law, but also
to those who, with ostensibly worthy purposes, have received permission,
and falsified their pretensions. This is a delicate trust, and should be
executed with great caution and discretion, and you cannot enjoin upon the
agent too much care and circumspection for although I shall examine
carefully the grounds of his charges, yet I must be guided in a great
measure by his opinion, and am determined that the law shall be enforced.

You will therefore, so soon as Mr. Cowart shall report to you for duty,
communicate to him the contents of this letter, and require him to
investigate, as quietly as possible, the cases of all white persons found
within the limits of his agency, and report to me, through you, such as
are there without the authority of law, and such as may be unworthy longer
to remain although they may have originally had permission to enter the
country. Very respectfully, Your Obt, Sevt.

    A. B. GREENWOOD, Commissioner.

Elias Rector, Esq.; Fort Smith, Arkansas.


  DEPARTMENT OF THE INTERIOR, OFFICE INDIAN AFFAIRS,
    June 4th 1860.

SIR: The attention of this office has been called to an article which
appeared in the Fort Smith Times (which is herewith enclosed) in which it
will be seen that a secret organization has been formed in the Cherokee
Nation, which is rapidly increasing. The existence of such an
organization, the objects of which cannot be misunderstood, has caused in
my mind the greatest apprehension as to the future peace and quiet of that
country; and, if permitted to mature its plans, will be productive of the
worst results. The article alluded to points to the Jones' as being the
leaders in this movement, and who have been permitted for a long time to
enjoy the privileges of that Nation. It is believed that the ultimate
object of this organization is to interfere with the institutions of that
people, and that its influences will extend to other tribes upon the
Western border of Arkansas.

This scheme must be broken up: for if it is permitted to ripen, that
country will, sooner or later, be drenched in blood. You are aware that
there is a large slave property in the Cherokee country, and if any steps
are taken by which such property will be rendered unsafe, internal war
will be the inevitable result, in which the people of the bordering state
will be involved. The relations which the Editor of the Times bears to the
Cherokees enables him to procure reliable information from that section
which is not accessible to all and hence the greater credit is due to his
published statements in relation to the affairs of that people. This
office is also in possession of private advices from that country, which
fully corroborates the statements in the article referred to. This
organization and its purposes are no longer left to mere conjecture. In
view of these facts I have to direct that in addition to the instructions
contained in a letter from this office, of the 21st of April last, the
contents of which you were instructed to communicate to Agent Cowart, you
will direct him immediately on his arrival at his Agency to cautiously,
institute inquiry as to the existence of this secret organization, its
objects and purposes; who are the counsellors and advisers of this
movement, and proceed at once to break it up; and, if in his investigation
he should be satisfied that any white persons residing in the Nation are
in any way connected with this organization he will notify such person or
persons forthwith to leave the Nation. You will inform Agent Cowart that
the Secretary of War will be requested to place such force at his disposal
as may be necessary to enforce any order he may deem it his duty to make.
You will direct him also to spare neither time or trouble in carrying out
these instructions, and that he report direct to this office, advising you
in the meantime of his action.

A copy of this letter has been sent direct to Agent Cowart. Yours
Respectfully,

    A. B. GREENWOOD, Commissioner.

  Elias Rector, Esq., Supt: Ind. Affairs:
    Fort Smith, Arkansas


TROUBLE BREWING AMONG THE CHEROKEES WHAT DOES IT MEAN?

The Fort Smith (Ark.) _Times_ says: We noticed a week or two ago that
there was a secret organization going on in the Cherokee Nation, and that
it was among the full-blood Indians alone. We are informed by good
authority that the organization is growing and extending daily, and that
no half or mixed blood Indian is taken into this secret organization. The
strictest secrecy is observed, and it is death, by the order, to divulge
the object of the Society. They hold meetings in the thickets, and in
every secret place, to initiate members. We are told that the mixed-bloods
are becoming alarmed, and every attempt to find out the object of this
secret cabal has thus far proved abortive. The Joneses are said to be the
leaders in the work, and what these things are tending to, no one can
predict. We fear that something horrible is to be enacted on the frontier,
and that this secret work will not stop among the Cherokees, but will
extend to other tribes on this frontier. The Government should examine
into this matter, before it becomes too formidable.


CHEROKEE AGENCY. Near Tahleguah C. N.

  HON. ELIAS RECTOR, Supt. Ind. Affairs
    Fort Smith, Ark.

Sir: Yours of the 15th Inst, is before me, contents closely noted.

In reply I have to state, that I am in receipt of the Instructions of
which you write, from the Indian Ag{t}

And I now hasten to Lay before you the result of my investigations, thus
far in this nation,

Soon after I entered the nation before I had proceeded say half days
travel, I was met with complaints against certain persons (white men) who
it was said had been enterfearing with the Institution of Slavery--to
which I invariably replied to the complainants, bring me the charges--or
the witnesses--by whome I can substantiate them, and my duty, will be as
pleasent, as promptly fulfilled--_none came_,

In Tahlequah in time of Circuit Court, I made a short speach to the
Citizens, in which I told them, that if they, or any of them, knew any
thing on the subject--to report forthwith to me,--_and none have reported_
and while I have heard much said on the subject--I have not as yet been
able to get any thing that would do for proof--that would be reliable. And
while I make the above statement I do not entertain a doubt, of the truth
of the charges--And being satisfied of the truth of those charges--I shall
use evry effort to establish them,

As regards those Secret Societies, I firmly believe, that they are gotten
up with a view to aid in coveying those abolition plans of operation, to a
successful termination Allow me to say--that I shall continue to travel in
and through the Nation (unless differently instructed) until I establish
those charges if it can possible be done,

Mean while, I shall be pleased to recive Instructions and advice from you
on the subject, and will keep you advised of my movements, I am Sir with
much respect, your obt Servt,

    ROBT. J. COWART, U. S. Cherokee Agent


_Private_

The Second Chief is about to call the Council together to take into
consideration the conduct of those white men who are interfearing with the
institutions of Slavery--and to devise means by which those Secret
Societies may be put down, and when the Council meets, I think we can
remidy all those evials--

I find there are many white men in the nation without permits--and one or
two English men, these I shall order to leave the nation Instanter,

    R. J. COWART


TAHLEQUAH C. N. July 9th 1860

DEAR MAJ RECTOR, When I reached home I found that Hon. A. B. Greenwood had
been here, stayed two days, and a half & left. I am told that he expressed
a verry strong desire to see me but had not time to remain here or go to
Fort Smith.

He has brought his family home to Ark. to remain as he writes me--

I wish now verry much to see you and Col. Pulliam, of which I have written
him, I would go forthwith to see Greenwood but suppose from what he wroat
me that he had left, or will have done so before I could get there. I am
with much respect, your friend

    R. J. COWART
      Tahlequah C. N.

Hon. Elias Rector Fort Smith, Ark


CHEROKEE AGENCY. TAHLEQUAH C. N. August 15th 1860

HON. ELIAS RECTOR, Sup{t} Ind Affairs Fort Smith, Arks.

Dear Sir: Tomorrow morning I set out, to the Neutral Lands--and am
advised to take a few men with me which I propos doing,

It may be truely said, that, this Nation is in the midest of a crises.

I shall be compelled to call for Military aid--which I expect to do
forthwith--

Immediatly upon my return from the Neutral Lands--I expect to go to Fort
Smith--

Please Remember me kindly to my friend Col Pulliam--

I am very kindly your obt Servt.

    R. J. COWART
      Tahlequah C. N.


  OFFICE U. S. NEOSHO AGENCY, QUAPAW NATION
    Augt 24th 1860

SIR: By refference to my letter of July 11th you will find that I
according to your instructions, gave all the intruders upon the Osage
reservation notice to leave forthwith, or that they would be removed by
Military force. That notice was dated May 22nd 1860, & the intruders are
still there, and I have most respectfully now to suggest, that in view of
the situation of the Neutral land of the Cherokees and the reserve of the
Osages, they, laying adjoining each other, and the great number of
squatters therein, I would advise that at least two companies of U. S.
Dragoons or Cavalry be called for, both to act together in the removal of
the intruders from the Osage and Neutral lands--

I learn that Major Cowart expects to be at your office in a few days, in
order to make a Requisition upon the Commanding Officer of Fort Caleb for
Troops to remove the intruders from the Neutral land, and enclosed you
will find one from me, which if approved by you, please forward by the
same express, in order that the Troops may march together, as their
destination is about the same--

I would also say that in my opinion, that in order that the removal should
avail anything that all their improvements should be destroyed by the
Troops as they progress--

Your instructions are requested in all this matter. Very Respectfully Your
Obt Svt

    ANDREW J. DORN, U. S. Neosho Agnt

  Major Elias Rector, Supt Indian Affairs
    Fort Smith Arkansas.

N.B. Please forward the enclosed letter directed to Capt W. L. Cabell U.
S. A. and much oblige yours truly

    A.J.D.


EVANSVILLE, ARKS Sept 6th/60

FRIEND, THAD ... I wish you woold come up in this part of the country. I
am going to start to Campmeeting next Saturday at Cane Hill there was a
big Camp meeting a going on when I came here in the nation it was about
five miles west of this place. I did not go as I was busy fixing up to
work tho if I dont have any bad luck I think I will have a good time at
Cane Hill

I think business will be pretty good here from the prospects I think I
will spend a couple months at Tahlequah this fall. I want to attend the
next council there which will begin in Oct. ... etc.

Remain your Friend

    JNO. C. DICKENSON

Mark,, T,, Tatum, Greenwood, Arks


TAHLEQUAH CHEROKEE NATION, September 8th, 1860.

HON. ELIAS RECTOR, Supt. Indian Affairs, Fort Smith, Arks.

Dear Sir, Enclosed please find Copy of letter from the Secretary of War,
to Hon. A. B. Greenwood--

Unofficial

WAR DEPARTMENT June 14th 1860,

DEAR SIR--In answer to your note of the 11th Inst in regard to trouble
among the Cherokees, I have to inform you that orders have been given to
the Commander of Fort-Cobb, as suggested, Yours &c,

    Signed JOHN B. FLOYD.


HON. A. B. GREENWOOD, Commr.--It seems from the above that orders have
been given the Commander at Fort Cobb to furnish me Troops to remove
intruders from this Nation. I have not heard any thing from Washington
since I left Fort Smith.

I would be glad to have the Troops as early as convenient, as I feel that
I can do but little more without them.

I this day sent a Notice to John, B. Jones to leave the Nation by the 25th
Inst.--which I trust he will do. I am writing to the Department today and
giving the facts in refference to this Nation--I have asked for contingent
funds, as the requirements of the Department, are, that money appropriated
for one purpose, should not be used for another.

Please give me the benefit of any information, you have or may get on the
subject of Troops. I am as ever your friend And obedient Servt.

    R. J. COWART
      Tahlequah C, N,


TAHLEQUAH CHEROKEE NATION, Oct 29th 1860

COL. PULLIAM,

My Dear friend, Will you be so kind as to forward the enclosed Dispatch to
Hon A. B. Greenwood Washington D. C. Please Consult Capt. Sturgeons, you
may, find it necessary, to change it, if so, please make any alteration,
you and the Capt may, think best.

I expect to visit Fort Smith in a few days--when I hope to settle up my
accounts, and spend some time with you--I [illegible] say pleasantly.

I Learned from Capt ----, your Recent affliction. Please allow me to
tender to you and Especially to Mrs. Pulliam my heart felt Simpathy.

Write me by the barer all the News, I send written to Maj. Rector for two
hundred Dollars, please see that the matter is arranged. I am very kindly
yours,

    R. J. COWART
      Tahlequah C. N.

Col R. P. Pulliam, Fort Smith Ark.


FORT SMITH A.R.K. Oct 31st 1860.

HON. A. B. GREENWOOD Com. Ind. Affairs, Washington D. C.

Intruders Removed from Neutral land--much desire to confer with you and
[illegible] in person with Capt Sturgeons who commanded Troops.

    R. J. COWART, U. S. Cherokee Agent


SIR: I have received reliable information that Forts Washita, Arbuckle,
and Cobb, all in the Choctaw & Chickasaw Nations, and recently abandoned
by Federal troops, are now in possession of Texas State troops, and that
Texas is now urging at Montgomery, that the Wichita Indians and bands
affiliated with them, occupying the district of Country between the 98 and
100 degrees west longitude & between Red River & Canadian leased by the
United States from the Choctaws & Chickasaws, for the purpose of Locating
said Indians are within the Jurisdiction of this, the Southern
Superintendency, and by an examination of the treaty of 1855 made between
the U. S. and the Choctaws & Chickasaws, you cannot fail to see the
impropriety of the Indians occupying said district being attached to the
Jurisdiction of Texas. unless she also extends her Jurisdiction over the
Choctaws and Chickasaws.--Texas has tried on several occasions heretofore
to have those Indians in the Leased district placed under her
jurisdiction, but the Indians regard her as their ancient, and present
enemy, and will never consent to such arrangement,

I have thought it my duty to call your attention to the subject that you
may, if you think it expedient, lay it before your Honorable body for such
action as it may think proper in the premises. Very Respectfully Your obt
Servt

    ELIAS RECTOR, Supt. Ind. Affairs.

Hon. David Walker, President Arks. State Convention.


CHEROKEE AGENCY, May the 15th 1861

  To the Superintendent of Indian Affairs
    Fort Smith Arks.

SIR: I have the honor of making the following report have this day taken
into my possession as Agent for the Cherokee Indians, the following
property as left by late Agent R. J. Corvort (gone) Dwelling house Kitchen
and other out houses one office, houses all in bad repair one farm
belonging to the Agency, in bad repair one table three desks and papers
all in very bad condition one box containing old papers almost destroyed
by rats one letter press and Books one Rule one Inkstand and letter Stamp
one chair one Iron Safe. I also have in my possession 14 Bounty Land
Warrants received by me from you at office of Superintendency left by R.
J. Corvort late Agent and receipted for by me to Superintendant the Book
on Treaties as reported to of been, left by R. J. Corvort in office not
found by me. Yours Respectfully

    JOHN CRAWFORD, U. S. Agent for Cherokees

Elias Rector, Superintendant Indian Affairs.


WICHITA AGENCY L. D., June 30-1861

SIR, Enclosed herewith I have the honor to transmit my quarterly return,
for the second quarter of the current year, and with it my operations as a
Federal Officer will cease.

The seizure of the mules, wagon etc. by Gen{l} Burrow, rendered it
necessary in my judgment, to issue at once to the Indians all the public
property, moneys and effects in my hands, intended for their use and
benefit by the original U. S. Government; believing as I do, that the
moneys and other means which I have held in trust for them, would be as
liable to seizure as the mules and wagon were, and result in a loss: the
losses sustained by them on the Arkansas River and at Fort Smith by fire
of very many of their goods, cause them to be in much need of the goods
which I have issued, more particularly as there appears to be no
arrangements by which they may expect supplies during the present year.
The sudden withdrawal of the troops spread alarm and disquiet through the
different settlements or encampments, many of them fled from the L. D.
with a hope elsewhere to find security and protection, the remainder would
have followed, but for the issue of goods which I made them, and
assurances that they would not be molested.

With these remarks submitted, I have the honor to be, sir, Very
Respectfully Your Ob't Srv't,

    M. LEEPER, Ind. Agt.

  Major Elias Rector, Supt. Ind. Affairs
    Fort Smith, Arks.


ESTIMATE OF FUNDS REQUIRED IN THE OFFICE OF SUPERINTENDENT INDIAN AFFAIRS
ARKANSAS SUPURENTENDENCY.

  For Salary of Superintendent. for 1/2 year of 1861. which
    includes 3 & 4th qrs. at $2.000--per Anum                   $1000.00

  Pay of Clerk 1/2 year 3 & 4th qrs. at $1.500--                  750.00

   "   " Interpreter "       "   " 400--                          200.00

   "   " Traveling expences. Contingences of office &c            500.00
                                                              ----------
                                                               $2.450.00

   "  Office rent for 1/2 year                                    200.00
                                                              ----------
                                                               $2.650 00


ESTIMATE OF FUNDS NECESSARY FOR DISBURSMENT TO SEMINOLE INDIANS UP TO 30TH
DECEMBER 1861 AS PROVIDED FOR BY TREATY OF 7TH AUGUST 1856

  To provide for the Support of Schools for ten years the
  sum of $3000--per Annun. from 7th August, 1856
  to 30th December 1861                                       $16.000.00

  For agricultural assistance. from 30th December 1859
  to 30th December 1861. at $2000--per Annm                     4.000 00

  For the Support of Smiths & Smith Shops from 30th
  December 1859. to 30th Decr. 1861. at $2.200 per
  Annum                                                         4.400.00

  Interest on $500.000--invested at 5 per Centum from
  30th Decr 1860 to 30th Decr 1861                             25.000.00
                                                              ----------
                                                              $49.400 00


  Pay of Agent for year 1861                                    1.500.00

   "   " Interpreter for year 1861                                400.00

  Contingent expenses of Office                                   300.00

  Provisions for Indians attending payments of
    annuities & visiting Agency on business                       300 00
                                                                --------
                                                               $2.500 00

Amount invested by Old U S government for Seminoles as per treaty 7th
August 1856 at 5 per centum. $500.000--This amount has never been invested
in State bonds but held by the Government.


ESTIMATE OF FUNDS NECESSARY FOR DISBURSMENT TO CREEK INDIANS FROM 30TH
JUNE TO 31ST DECEMBER 1861. AND BALANCES DUE THEM BY THE OLD U. S.
GOVERNMENT. UP TO 30TH JUNE 1861.

  Permanent provisions for Blacksmiths   for 1/2 year 1861        1.680.00

      "         "       "  Iron & Steel   "   "   "                 540.00

      "         "       "  Wheelwrights   "   "   "                 300.00

      "         "       "  Wagon Makers   "   "   "                 300.00

      "         "       "  Agricultural assistance for 1/2 year   1.000.00

  Interest on $200.000--at 5 per Centum. for purposes of
    Education. from 30th June 1860 to 30th June 1861.            10.000.00

  Interest on same from 30th June to 30th December "              5 000.00

  Unexpended balances Interest due on same. up to 30th
    June 1860 which has never been paid                          15.000 00
                                                               -----------
                                                                $33.820 00

  Pay of Agent for 3 & 4 qrs 1861                                   750.00

   "  "  Interpreter   3 & 4 qrs 1861                               200.00

  Contingent Expences  "   "  "   "                                 150.00

  Provisions for Indians at payment of Annuities                    150.00
                                                                ----------
                                                                $35.070.00


AMOUNT OF MONEY DUE CREEK INDIANS ANNUALLY UNDER TREATY 7TH AUGUST 1856

  Permanent Annuity                                             $24 500.00

  Permanent provisions for Blacksmiths                            3.360 00

     "          "       "  Iron & Steel                             540.00

     "          "       "  Wheelwrights                             600 00

     "          "       "  Wagonmakers                              600 00

  Assistance in Agriculture                                       2.000.00

  Interest on $200.00. at 5 per centum for purposes
    of Education                                                 10.000.00
                                                                ----------
                                                                $41.600.00

  Amounts due Creek Indians for amounts invested by
    Treaty 7th August 1856.

      For purposes of Education    $200 000
      Creek Orphan fund             200 741
                                  ---------
                                   $400.741


CREEK ORPHAN FUND INVESTED AS FOLLOWS

    In Bonds of State of Kentucky at 5pr Cent,    $1.000 00

     "   "   "    "   "  Missouri  " 5-1/2 "      28.000 00

     "   "   "    "   "     "      " 6     "      28.000.00

     "   "   "    "   "  Tennessee " 5     "      20.000.00

     "   "   "    "   "  Virginia  " 6     "      73 800 00

                     United States " 6     "      49 941 00
                                                -----------
                                                $200.741.00


NORTH FORK OF CANADIAN RIVER, 5th July 1861

SIR: On receipt of this you will please effect a continuance, on behalf of
the Confederate States of America, with Mr. Charles B. Johnson of Fort
Smith, of the contract existing up to 30th June last between the United
States of America and himself, for feeding the Wichitas, Caddoes, and
other kindred and other bands of Indians now settled in the country leased
from the Choctaws and Chickasaws.

If no more favorable terms can be effected, you are authorized to adopt
those of the former contract, with its conditions and stipulations in all
respects.

You will provide that the contract shall end, at the pleasure of the
Commissioner of Indian Affairs, on the 31st day of December 1861, and not
sooner; and that it shall be at his option to continue it for such further
term as he may please, upon the same terms in all respects.

You will provide that the contract shall relate to, and take effect as of
the first day of July 1861: and you will receive bond, in form used by the
United States, but to the Confederate States, with sufficient sureties,
and in such sum as you may consider sufficient to ensure faithful
performance. I have the honor to be, Sir

    ALBERT PIKE, Commissioner of the Conf.
      States to Indian Tribes West of Arkansas.

  Elias Rector Esq, Superintendent Ind. Affairs,
    Arkansas Superintendency.


Agreement made and entered into, this 14th day of August 1861, at the
Wichita Agency, between Albert Pike, Commissioner of the Confederate
States of America to the Indians west of Arkansas, of the one part, and
Charles B. Johnson of the County of Sebastian and State of Arkansas, of
the other part.

This agreement witnesseth, that the said Albert Pike, Commissioner as
aforesaid, for and on behalf of the Confederate States of America and the
said Charles B. Johnson, his heirs executors and administrators, have
covenanted and agreed, and by these presents do covenant mutually and
agree to and with each other as follows to wit:

That the said Charles B. Johnson, his heirs, executors and administrators,
shall and will supply and issue or cause to be issued and supplied at such
times and places in the Leased District west of the 98th degree of west
longitude as the Wichita Agent may direct, daily rations to the several
Tribes and Bands of Comanches, Wichitas and other Indians that now are or
may hereafter during the continuance of the present contract be settled in
the said Leased District, for and during the term of one full year,
commencing with the sixteenth day of August instant, at the price of
sixteen cents for each complete ration issued as aforesaid: which rations
shall be issued, one for each individual in all of said Tribes and Bands
and shall consist of one pound of fresh beef or fresh pork, and three
quarters of a quart of corn or corn meal or one pound of flour to every
ration, with four quarts of salt, three pounds of coffee, six pounds of
sugar, two quarts of vinegar, one and a half pounds of tallow and three
pounds of soap to every hundred rations.

Payment shall be made quarterly for the rations furnished under this
contract, but in the event of the Commissioner of Indian Affairs being
without funds for such purposes, the payment to be made as soon thereafter
as funds are provided for such purposes.

This contract may be terminated in whole or in any part at any time by the
Commissioner of Indian Affairs, upon equitable terms and conditions
whenever it shall be deemed expedient to do so upon giving thirty days'
notice of such intention.

Witness our hands and seals the day and year first above written. Signed
and Sealed in triplicate

    ALBERT PIKE, Commissioner of the Confederate States

  Signed and Sealed in our presence.
    WM QUESENBURY         CHARLES. B. JOHNSON.
    W WARREN JOHNSON


NORTH FORK OF THE CANADIAN RIVER, 5th July 1861

SIR: I have sent a Special Messenger to the Wichita and other Indians on
the Reserve in the Country leased from the Choctaws and Chickasaws,
requesting Black Beaver, and other Captains and Chiefs to meet me at the
Seminole Agency on the 22nd instant, in order to hear a talk from me and
enter into a Treaty. If they should not do so, I shall go from the
Seminole Agency to the Reserve for that purpose.

As it was through your instrumentality these Bands were settled on the
Reserve, and the promises made them were made through you, and as you are
favorably known to them for these reasons, and as the Head of the
Superintendency of Indian Affairs in which they are included, your
presence and coöperation with me, in negotiating with them, will, I am
very sure, be of great service.

I therefore request, that, if your health and other duties permit, you
will be present with me at the Seminole Agency on the 22nd, and accompany
me, if necessary, to the Reserve.

I shall leave this place about the 9th, and at furtherst by the 10th, and
go round by Forts Washita and Arbuckle. I shall be gratified if you can so
time your movements as to overtake me on the way.

I wish also to suggest that the presence of the Agent, Mr. Leeper, will be
indispensable, and to desire you to direct him to accompany you, that he
may as soon as possible repair to his Agency. I have the honor to be With
deep regards your obt Svt

    ALBERT PIKE, Commissioner of the Confederate
      States to Indian Tribes west of Arkansas.

Elias Rector, Esq, Superintendent Ind. Aff. Arkansas Superintendency.

         Confederate
    THE =U=N=I=T=E=D= STATES,

                TO Elias Rector                          DR.
  ================================================================
  Date.     |                                       |Dolls. | Cts.
  ----------+---------------------------------------+-------+---
  1861      |                                       |       |
  August 24 |For Services rendered assisting Comr.  |       |
            |Pike in making treaties with Seminole, |       |
            |Wichita And Commanche Indians under    |       |
            |orders so to do, by Comr. Pike,        |       |
            |from 10th July to 24th August 1861     |       |
            |inclusive 45 days at $5.00 pr day      |    225|00
            |                                       |       |
            |For hire of Bugg. horses & driver for  |       |
            |same length of time at $5-- per day    |    225|00
            |                                       |       |
            |For hire of wagon team & driver for    |       |
            |same service & same time, to Transport |       |
            |tent Baggage provisions &c. at         |       |
            |$5 per day                             |    225|00
            |                                       |       |
            |Forrage for 4 horses for same length of|       |
            |time and for same service 50 cents per |       |
            |day each horse                         |     90|00
            |                                       +-------+--
            |                                       |   $765|00
            |Paid ferrage Crossing streams          |      8|00
            |                                       +-------+--
            |                                       |   $773|00
  ----------+---------------------------------------+-------+--
  Received at _________________________ 185__, of ELIAS RECTOR,

  Superintendent of Indian Affairs for the Southern Superintendency,
  __________________________________ Dollars in full of this account

  $

  (Triplicate.)

  I CERTIFY, on honor, that the above account is correct and just,
  and that I have actually, this ______ day of ____________ 185__,
  paid the amount thereof.                   Sup't Indian Affairs.

WICHITA AGENCY L. D. Sept. 15th 1861

SIR; A considerable amount of intermittent fever has made its appearance
at this place, supposed to be occasioned by an unusual degree of dampness
produced by the most luxuriant growth of vegetation I ever knew, and the
recent heavy rains which have been almost incessant for many days past,
it gives us just cause of alarm as we are entirely out of medicines of
almost every kind and placed at so remote a distance from the settlements,
that none can be procured short of a visit to Fort Smith; I had a slight
attack of fever myself and luckily for me, Dr. Shirley discovered a small
portion of Quinine which I partly consumed, and which had escaped the
vigilant search of the so called Texas Troops at the time they took from
him his medicines and medical books, and transferred them to parts
unknown. These causes in addition to some information in reference to
Indians which I will impart, I hope will be considered an ample apology
for incuring the expenses of an Express, I have employed a man at $3.00
per day, he bears his own expense, and runs the risk of meeting with wild
Indians and land Sharks by the way.

The renowned Indian warrior and Chief Buffalo Hump has made his appearance
with fifteen or sixteen followers, the remainder of the Indians and the
principal part of his own party, he says are encamped on the Canadian and
head waters of the Washita, he called on me the second day after his
arrival, and told me that he was now old and desirous of abandoning the
war path, and spending his latter days in quietness and peace with all
men, but said the winter would soon be at hand, and that he would require
a much better house than any he saw at the Comanche Camp, that he thought
if he had a house, such as the Agency building, that he would be warm in
cold weather, and that he would be content to live in it, and pursue the
walks of white men, I replied to him that I knew he was a great man and
had an immense amount of influence with the wild tribes, and that the
Confederate States had also heard of him, and that if he thought proper to
bring in his people and settle down in good faith on the Reserve, quit
stealing and depredating upon the country, that they would give him all
that had been promised, and that he might calculate, that if houses were
built for him, that they would not be as good as those at the Comanche
Camp, that several of those houses were more extensive and expensive, than
would be deemed necessary in future, that he might only look for small
cabins, and perhaps only receive assistance in their erection, that it was
the object of the Confederate States to learn the Indians to work and
support themselves, not to work for them and support them; that upon those
terms if he were disposed to settle I would be glad to receive him, if
not, it mattered but little, that he was at liberty to pursue just such
course as suited him best. The next day he called again his tone and
bearing was altogether changed, professed to be satisfied and said at the
falling of the leaves, the time appointed for settlement and consumating
the Treaty with Capt. Pike, he would be here with his people. He gave it
as his opinion that the others who had a conference with Capt. Pike would
not come in or settle; but I learn from Py-oh who went out with those
Chiefs and returned with Buffalo Hump that their respective bands are
divided in sentiment, that about half of each band will come in and
settle, and that the others will probably remain on the prairies, they
have large bands of stolen horses and mules, and he thinks they are afraid
to bring them in, lest they should be taken away from them.

Jim Ned and the other Delawares with the exception of one family left the
Reserve without any cause, he returned from his first encampment and
attempted to persuade Jim Pock Marked to leave with his people, by telling
him that he would be assailed by the Texans before long, and if not by
them, most certainly by the northern Troops, and that he had better leave
at once, and save the lives of his women and children. Jim Ned is a most
unmitigated scoundrel, and I have no doubt that most if not all the
disquiet heretofore produced among the Reserve Indians might be traced to
him, and I think it very fortunate that he has abandoned the Reserve, by
doing so, he has forfeited his right of citizenship upon it, and the
protection which the Confederate States had guaranteed to him.

I learn from an Indian Mexican and a half breed Delaware Indian who have
recently returned from Santa Fe, that all the northern Indians who visit
that part of the country are amply armed and equiped by the Federalists,
and sent in every direction over the plains as spy Companies, that
propositions of the like character, had been made to the Southern Indians,
but not accepted, they are now regarded as enemies, and have retracted
farther South, not being permitted to inhabit the country or travel as far
north as heretofore; Py-oh remarked that they were herded in by Texas and
Mr. Lincoln's government like a band of horses or cattle.

Please forward by my Expressman, blank forms of every description, and ask
Mr. Johnson to forward blank forms for provision checks; you will also
oblige me by making an application for the Indian mules taken by Burrow,
and by aiding the bearer to procure the public wagon and my harness which
were loaned to Algernon Cabell.

You are aware that I cannot close my returns without funds for the
purpose, when shall I look for them? Very Respectfully Your obt. Srvt.

    M. LEEPER, Ind. Agent

  Elias Rector Esqr., Supt. Ind. Affairs
    Fort Smith Arks.


CREEK AGENCY, Sept 30th 1861

SIR: I have the honor to hand you herewith the Bond License, and Invoices
of John Barnwell of the Creek Nation

Very Respectfully Your Obt Servant

    W. H. GARRETT, C. S. Agent for Creeks

  Maj Elias Rector, Superintendent C. A.
    Fort Smith, Ar


TAHLEQUAH C. N. October the 10th 1861

  MAJ ELIAS RECTOR, Superintendant of Indian Affairs,
    Fort Smith, Ark.

Dear Sir: I have the honor of transmitting through your office to the
Commissioner of Indian Affairs at Richmond a requisition for the Annuities
School and Orphan funds due the Cherokee Indian on Stock invested up to
July 1861. I send two copies. If it is not necessary to send but on[e] you
can arrange that in regard to the leave of Asence that I wished you to
grant me I will not ask for owing to the Governor declaring my seat vacant
in the Legislator and ordering an election though I am under many
obligations to you for your willingness to grant me leave the Treaty will
be ratified today. Every thing going on well the Texas Troops passed
through on Wednesday the Creek excitement turned out to be nothing I shall
be anxious to hear from you at any time on all subjects I have the honor
Sir to be your most obedient Servnt

    JOHN CRAWFORD Agent Cherokees, C. S. A.

  Hon. E. Rector, Superintendant Indian Affairs


TAHLEQUAH, C. N. October 10th, 1861

DAVID HUBBARD Commissioner of Indian Affairs, Richmond, Va.

Dear Sir: I have the honor to make out and transmit to you a requisition
for the Annuities due the Cherokee Indians for the year 1860 and 1861

For the installments of interest on the permanent General fund as
estimated for July 1860 and January and July 1861 forty three Thousand and
three hundred and Seventy two dollars and thirty six Cents $43 372 36

For the installments of interest on the permanent Orphan fund as estimated
and uninvested for July 1860 and January and July 1861 four thousand and
five hundred dollars $4.500

For the installment of interest on the permanent School fund as estimated
for July 1860 and January and July 1861 Seventeen thousand Seven hundred
and Seventy two dollars $17.772.

Total Amount due the Cherokees on Stock invested Sixty five Thousand Six
hundred and forty four dollars and thirty Six Cents $65.644.36

    One half years pay of Agent          750 00
    Contingent expenses,  1/2 year        75 00
    pay of interpreter  1/2 year         200.00
                                     ----------
                                     $66.669.36

Sir the Statement as made out is correct to the best of my judgment I have
been acting as Agent for the Cherokee Indians Since the 22nd day of April
1861 Came by request of Hon R. W. Johnson of Arkansas. received a letter
from the Hon David Hubbard Commissioner of Indian Affairs dated 12 June
1861 requesting me to try and get along as Agent of the Cherokees the best
that I Could which I have done to the best advantage and evry thing here
is working well for the South I have not received any moneys from the
Lincoln government Since I have been acting as Agent for the Cherokee
Indians Your most obedient Servt

    JOHN CRAWFORD,
      Agent for the Cherokee Indians West of Arkansas, C. S. A.

  David Hubbard, Commissioner of Indian Affairs
    Richmond, Va


WICHITA AGENCY L. D. Oct. 21st 1861

SIR: Five weeks ago I despatched a messenger to Fort Smith with a report
to you, and for medicines for the Agency and Indians; since which time I
have heard nothing either from the report or messenger, sufficient time
has elapsed for the man to have made two trips. In the report of that date
I apprised you of the sickness which had and still prevails here to a
considerable extent, and that we are destitute of medicines: Dr. Shirley's
supplies having been forcibly taken from him by persons from Texas,
claiming to act as a military posse from that State. You are aware that we
are entirely cut off from mail facilities, and from an opportunity of
procuring medicines of any description short of Fort Smith, the want of
which has been excessively annoying, and perhaps the occasion of several
deaths; this report will be handed you by a second messenger, whom I hope
you will furnish with a supply of Quinine, Calomel and blue mass if
nothing more.

On friday last a man was shot at by an Indian in company with six others
within a mile of the late Fort Cobb; on the next day two Indians arrived
as messengers on the part of the Kiowas and all the Southern bands of
Comanches, who are said to be encamped on the North Canadian within four
days ride of this place; they say that their intention is to be here at
the falling of the leaves, to conclude a treaty with Capt. Pike. The
Kiowas inform us that they received the white beads and tobacco from Capt.
Pike, and that they desire to be on terms of friendship with us, that it
is the wish of the whole band, with the exception of one bad man and
fifteen or twenty followers, whom they cannot control, and that they
desire us to kill them, that if it is not done, they will surely commit
serious depredations, and that they believe they are now in this vicinity.

The Indians at present on the Canadian are supposed to number Seven or
eight thousand, and if they should come here as is anticipated, they will
require a large amount of provision, I would therefore respectfully
suggest the propriety of your notifying the Contractor of the fact, that
he may not be taken on Surprise: you will also perceive the necessity of
Capt. Pike or some other duly authorized person, to be here at the
appointed time to consummate treaties with them; they say that no further
depredations will be committed on Texas, provided the twenty men above
described are killed.

It is impossible for me to keep you advised of the affairs of this reserve
without some kind of mail facilities, therefore, I hope you will
unhesitatingly employ some one to carry the mail once in two weeks at
least, until such time as the Government shall have made permanent
arrangements, it is not more strange than true, that I have not since my
arrival here on the Sixth of August, received a solitary news paper or any
other item of news, except such as can be gathered from an occasional
stragling teamster, and that is the most reliable information that I have
in reference to the battle at Springfield, the particulars of which I know
very little.

When Capt. Pike left here it was his intention to have the place
garrisoned in the shortest time practicable, he left authority with Jno.
Jones to enlist thirty Indians to act as a protection to the Agency, and
as a spy company in its vicinity, Jno. Jones could only enlist Seventeen,
all Comanches, those and the few employees on the reserve are the only
protection we have, and I would not give a fig for the security the
Indians would afford me in a case of actual danger, they might be useful
however in giving information of the approach of an enemy: I shall feel
obliged if you will inform me of the time the troops may be expected, if
the day is far distant, I shall deem it my indispensable duty to select
some place of security and safety for my family, if it is the intention or
wish of the Confederate Government to leave this place ungarrisoned, I am
willing to risk the consequences myself, but I am unwilling to detain my
family, where they are in danger of being destroyed by savages: it is also
apparent that no Agent can exercise the control necessary to fill the
expectations of the Government, without the means placed within his reach
of doing so; without troops the most flagrant violations of the
Intercourse Laws might be practiced every day with impugnity; and without
funds to meet the expenses incident to the Agency, the employees cannot be
retained a great while. Those Indians who expect to treat with Capt. Pike
expect also supplies of blankets and clothing, and white men to instruct
them in the erection of houses for the winter.

Please advise me by the return of my messenger, when troops may be
expected, at what time the Commissioner will be here, and funds to enable
me to forward my accounts. The Estimates submitted in August, in addition
to the more liberal allowances of Capt. Pike in his recent treaty with the
Indians, I hope will be all that is required on my part at present.

One of the Articles in Capt. Pike's late treaty, appears to be an offense
to the people of Texas, and I think it very doubtful whether any
assistance could be derived from that quarter, if we were threatened with
the most iminent danger: with these remarks submitted, I have the honor to
be, Very Respectfully Your Obt. Servt.

    M. LEEPER, Indian Agent

  Elias Rector Esq, Supt. Ind. Affairs
    Fort Smith Arks


FORT SMITH ARKANSAS, Nov. 7th 1861

MAJOR ELIAS RECTOR, Superintendent of Indian affairs

Sir: As you intemated to me a few days since you ware going to Richmond,
and would do me a favor if it Laid in your Power

I ask you for the appointment of Forage Master at Fort Smith and The
Authority of Selling off all condemd Goverment Property belonging to the
confederate Stats at Fort Smith vanburen and Fayetteville, you can Sir do
me this favour, I am also a good judge of Stock capable of receiving and
receipting for any property belonging to the quarter masters department,
Such as horses mules oxen and Waggens

I want this appointment for The Sole purpose of keeping yenkee Edwards,
from dying with a very common Disease in the Garrison cald the Big head I
am Sir with much Respect your Obt, Servent

    THOS. MCCARRON

P.S. if you do me this favour I will discharge the duties with Honour to
you, and credit to Myself

    T.M.C.


RICHMOND 21" November 1861.

SIR: The Commissioner of Indian Affairs has caused to be transmitted to
New Orleans the sum of twenty five thousand dollars, to be used in
purchasing the articles that are to be supplied to the Comanches and other
Reserve Indians. As soon as you arrive here the money will be placed at
your disposal.

As soon as possible after receipt of this letter, you will please send a
proper person to the Wichita Agency, and let the Comanches who it is said
are encamped, waiting for the leaves to fall, that they may come in and
settle, that I have been delayed, by circumstances that I could not
control, so as not to be able to meet them as soon as I intended; but that
you will bring or send up their goods, and I will meet them during the
winter. It is important that this should be told them at once. It would be
better, if Col. Pulliam _can_ go there himself, that he should do so. I do
not know who else would answer.

Orders go by the messenger who takes this, from the Acting Commissioner to
Agent Leeper, directing him to use all the government laborers in putting
up houses for the Comanches who are coming in, and not to use them for any
other purpose. If it is possible to send up additional laborers, it had
better be done. I am very respectfully yours

    ALBERT PIKE,
      Commissioner of the Confederate States to the Indian tribes West
      of Arkansas

  Major Elias Rector, Superintendent of Ind. Affairs.


FORT SMITH, Nov. 22d 1861.

DR MAJOR. I send you the enclosed document from the Acting Comr. Ind
Affairs. recd here today. As I cannot respond to it for you as you are
there on the ground--I send it to you for you to make such reply as you
think proper, in the premises.

We have just recd authentic information from the armies above, the
federals have left Springfield and are making their way towards St. Louis.
for what cause is not certainly known but it is thought that their army
have become demoralized by the displacing of Fremont and the appointment
of Hunter to the Command. Genl Price broke up his encampment at Pineville
at day light on Saturday last. and at last accounts was at Sarcoxie.
making his way towards the Mo. River it is thought he is pursuing Hunter.
you will see by an examination of the map that he will cut of a
considerable distance by that route. Coming into the road Hunter will have
to travel at Bolivar. or Warsaw. On the same day, (Saturday last) Genl
McColloch took four hundred picked men from each of his Mounted Regiments
making 2000 men with ten days provisions and started in the direction of
Prices army. his destination however is not known. it is supposed however
that he & Price are going to throw their Cavalry forward to attack & cut
off, or hold until their Infantry can be brought up., Hunters army.
Whether these conjectures are true or not time will tell. Cooper is on the
march after Opothleyohola. who it is said has taken Maj Emorys trail
through Kansas towards Leavenworth,

Small Pox still raging Mrs Nowland lost a negro to day. I saw your boy
Henry to day he says your family are all well.

My kind regards to Pike. Also to Mr Scott. Your friend &c

    R. P. PULLIAM

The above war news is reliable. and you can give the information to the
papers if you wish.

    P

I write this in Suttons Store, he says the above contains all the news we
have. all of which is confirmed by Messengers and private letters.
Consequently he will not write as he promised until something further
turns up

    P


TISHOMINGO C. N., Nov. 26, 1861

GEN. A. G. MAYERS

Sir: Having appointed as a Delegate from this Nation to the Southern
Congress, am at a loss when the Congress does meet. I have all along
understood from newspaper accounts that it was to be on the 22d of
February but some seems to think it is sooner. Will you please inform me
at your earliest convenience at what time the S. Congress does meet. Your
attention to the above is respectfully requested I am yours very
Respectfully

    JAMES GAMBLE

P.S. Please continue to send me the Parallel. I will make it all right
with you when on my way to Va.

    J.G.


OFFICE SUPT. IND. AFFAIRS FORT SMITH, Decr. 1861

MR. JESSE CHISHOLM

Dear Sir: I have just returned from Richmond where I have been to see the
President on Indian business. I wish you to go out immediately and see the
bands of Comanches that are encamped above Fort Cobb and tell them that it
is the wish of their great father at Richmond that they come in at once
and settle on the reserve, that so soon as they do so they will be
furnished with Beef--Flour, Salt, Sugar & Coffee. And that the great
father says that all the goods & things that Commissioner Pike promised
them will be furnished and given to them. That the Arkansas River has now
too little water in it for Steam Boats to come up from the big Cities to
bring goods, but as soon as the big water comes in the River and Boats
come up their great father will send up to them many large wagons filled
with nice goods that I want them to send four or five of their Chiefs and
head men to Genl. Pikes head quarters, near Fort Gibson where he and
myself will meet them and talk with them and give them a great many
presents and satisfy them that the government will do all that
Commissioner Pike promised them. I wish Buffalo Hump and his band now on
the reserve to be told this, and for him and four or five of his principal
men to come also. I will direct the Contractor at the Wichita Agency to
furnish them with Rations to bring them over and I will furnish them with
Rations to return home, tell them to bring, in all about twenty pack
horses to carry back their presents. I want them to meet us at Genl Pikes
Camp or head quarters near Fort Gibson, on the first of February if
possible I have written a letter to T Caraway inviting him to come with
some three or four of his men and I wish you to urge him to come,
Commissioner Pike is now in Richmond with their great father making
arrangements to get their goods and to do much for them he would have been
up to see them at the falling of the leaves but he has been very sick and
could not travel he is now well and will be here soon and will go from
here to his head quarters.

    [ELIAS RECTOR]


  CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,
    Office of Indian Affairs, Richmond, Dec 2d, 1861.

MAJOR ELIAS RECTOR, Superintendent of Indian Affairs.

Sir: I am instructed by the Secretary of War to say that three
requisitions have been drawn by him on the Secretary of the Treasury in
your favor, as Superintendent of Indian Affairs &c.,--One for nine
thousand, six hundred and fifty dollars, dated Dec. 4th 1861, one for two
thousand, one hundred and four dollars and fifty cents, dated December 5th
1861, and the other for thirty thousand dollars, dated December 6th 1861.

With the money received by you upon the first named requisition, you will
pay Charles B. Johnson, the amount of his account against the Confederate
States for Beef furnished certain Bands of Reserve Indians, from July 1st
to August 16th under a verbal contract made by him with Albert Pike,
Commissioner, &c., and also pay the mounted escort of Creeks and
Seminoles, engaged by General Pike to accompany him to the Comanche
Country, &c. In regard to this escort General Pike, in a letter to the War
Department, of the 14th October, says that he had muster rolls regularly
made out, and gave pay accounts to the officers, and slips showing the
amount due each of the men.

With the money received by you upon the second named requisition you will
pay Charles B. Johnson the balance due him by the old United States
Government prior to the 30th June, 1861, and which General Pike, at the
time of making the verbal contract hereinbefore mentioned, agreed to pay
or have paid him.

And with the money received by you upon the third named requisition, you
will pay such expenses of the Superintendency and different Agencies, as
may be necessary, proper and legitimate. The balance of this money can be
applied to the purchase of suitable clothing, if it can be bought at fair
prices, for the Reserve Indians, which Commissioner Pike, in the Treaty of
the 12th August, 1861, agreed should be speedily furnished them.

You will forward a statement as to the disbursement of these several sums
of money with the proper voucher, &c. Very respectfully,

    S. S. SCOTT, Act'g Commr. of Indian Affairs.


  TREASURY DEPARTMENT, C. S. A., SECOND AUDITOR'S OFFICE
    Richmond, Va, Dec 7th--1861.

SIR: The Treasurer of the Confederate States will remit to you the sum of
Thirty two thousand one hundred & four 50/100 dollars ---- ----, being the
amount of Requisition No. 1889 & 1890 issued in your favor on the 6th
Inst--, with which you are charged on the Books of this Office, on
account of the following Appropriation, to wit:

    "To meet the Incidental Expenses of the Public service within the
    Indian Tribes," as per Act May 21, 1861, No. 232.

    Requisition No. 1889. ------ ------                    $2,104.50
    Req. ----    "  1890, Same as above ----               30.000. "
                                                          ----------
                                                          $32.104.50

The Treasurer will advise you when the same will be remitted for which you
will please forward a Receipt to this Office, specifying therein the date,
number and amount of said Requisition. I am, very respectfully, Your Ob't
Serv't

    AUDITOR.

To Elias Rector, Esq, Supt. Ind. Affairs, Present


WICHITA AGENCY L. D., Decr. 12th 1861.

SIR: In all my official relations I have endeavored to be governed
strictly by the instructions of my superior officers, and in reference to
the alledged real or imaginary impropriety of my course towards Buffalo
Hump in your letter of the 12th Oct. last, I must plead my instructions in
mitigation which I followed strictly, not being in possession of any,
except the verbal instructions of Commissioner Hubbard, which was in
effect to exercise my best judgment in the management of the affairs of
the Reserve, but in all things to be governed by strict rules of economy.
In my report to you of the 12th Augst. I solicited written instructions, a
copy of the Intercourse Laws and of the Contract for furnishing supplies
for the Indians, but as yet, have not received even a reply to my
communication. There is no Indian with whose character and habits I am
more familiar than with Buffalo Humps; he is a fugitive from the Texas
Agency of which I was placed in charge; the late Superintendent of that
State worried with him for three years before he could induce him to
settle, he would come in and make promises to do so, and the
Superintendent would load him with presents, he would return to the
prairies depredate upon the country until his blankets were worn out, then
return with a plausible excuse for not coming in with his people, receive
other presents return again to the prairies and repeat the same thing over
again until the Superintendents patience became exhausted, and informed
Buffalo Hump that he would not submit to any further trifling on the
subject, that he had nothing more for him, but as he had come in peace, he
might return in peace, but that afterwards he would pursue and hunt him
down with the troops; Buffalo Hump then changed his tone, begged to be
permitted to have a certain length of time allowed him to bring in his
people without renumeration or presents, at that time it was granted, and
at the appointed time he brought in his people and settled on the Reserve,
where he remained until a feud took place between him and the Chief of the
band located previously, which caused him to abandon the Reserve and
pursue his former predatory habits. I induced him to come in this time, in
addition to the other wild chiefs, who met Commissioner Pike in Augst.
last, and entered into an informal treaty with them, it was the result of
a years negotiation, which was carried on by means of messengers from this
Reserve; it was attempted years ago by Judge Rollins, one of the ablest
Indian Agents perhaps the U. S. ever had, who spent eighteen months in
attempting to accomplish the object; Agent Stemm lost his life in efforts
of the kind; Major Neighbors a very ingenious and competent Agent exerted
his influence for six or seven years to no purpose:--Dr. Hill, a most
popular Indian Agent and influential man, labored four years without
effect, and Capt. Ross' influence was equally ineffectual, yet I am
informed in your letter of the 12th Oct. that both yourself and
Commissioner Pike regret much that I did not hold out all the inducements
which were in my power, and use all the forces and means at my command to
provide him with such houses as were contemplated and provided by
Commissioner Pike for the comfort of those Indians. In this matter I
appear to be peculiarly unfortunate. You are fully aware that I have not
received any means for the erection of houses or for any other purpose,
and that the few employees who were induced to engage in the work with a
hope of renumeration hereafter were all sick, which fact I made known in
my report of the 15th Septr. last, therefore it will be perceived that I
had no means in my power to build houses or any thing else, nor would I
have employed them in building houses for Buffalo Hump in advance of his
settlement, if I had possessed ever so much in the absence of positive
instructions to that effect. The course I pursued with him induced him to
come in with his people a week in advance of the time promised and settle,
he has given me no further trouble, tells me he intends to remain here for
life, that he does not wish houses built until such times as he can select
a suitable place on the Reserve for his future home, and has employed as
spies for me two of his sons who are with the wild tribes watching their
movements and those of the northern troops, to give immediate notice in
case of an advanced demonstration upon this part of the country.

During a period of more than twenty years public service, I have received
two rebukes only from my superior officers on account of my official
conduct, yours in reference to Buffalo Hump and from the late
Superintendent in Texas for failing to insert at the close of one of my
official letters "your obt. Srvt."

I infer from your letter of the 30th of Octr. that you conclude, I am
disposed to interfere with your appointment of Commissary, I can assure
you that such was not nor never has been my intention to disturb or meddle
in the slightest degree with the appointment of Commissary or any other
which it may be your pleasure to make; sending Sturm as messenger was a
matter of necessity not of choice, I apprised you by him that I was not
only sick myself, but that my family and almost every one on the Reserve
were sick and without medicine, Sturm although sick, was the only person I
could obtain as messenger who was willing to make the trip alone, and with
the confident hope that by sending him I would obtain medicines which
would afford my family relief; I was induced to do so with an
understanding that he was to receive pay not only as Commissary during the
time of his absence, but three dollars per day also for his services as
messenger and I procured the assistance gratuitously of M{r} Bickel one of
the interpreters to act as Commissary during his absence, whose name
appears on the prevision checks for that quarter merely to prevent
confusion of the accounts, but my most sanguine hopes were disappointed
for the messenger returned without medicines, and my son has not recovered
yet. Whilst upon this subject allow me most respectfully to direct your
attention to the fact, and through you the Department, that the office of
Commissary is a sinecure, and expense which is utterly useless to the
Government and an injury to the public Service, the duty of Commissary
simply being an impartial weigher and witness to the delivery of supplies
agreably to the terms of the Contract; I, hold it to be the duty of the
Agent where issues are made at the Agency to be present, and represent the
interest of the Indians, and the Interpreters who are required to be
present to witness the issues, such has been the case heretofore, no
Commissary has ever been employed at other Agencies, except where issues
were made at remote places or where it was impracticable for the Agent to
be present; the Commissary is employed perhaps half a day once a week, the
remainder of the time is spent in utter idleness, and in gossiping with
the employees and Indians on the Reserve.

I received a recent visit from the Chiefs who met Comr. Pike in Augst.
last, after preparing to hold a Council or talk with them, their first
demand was whiskey, they said they could not talk without having whiskey
first, after a length of time however, I convinced them that I had no
whiskey, and that whiskey was not allowed on the Reserve, they then
informed me that they had approached this place at the appointed time "the
falling of the leaves" and ascertained that the Commissioner was not here
nor the presents agreably to promise, that now they were here long after
the time and still there are no presents or Commissioner, I explained to
them that the Comr. had delegated to me his authority for the time being,
and that he was now purchasing goods to issue in accordance with his
promise as soon as they would comply with their part of the agreement and
settle with their people on the Reserve, that they would have the
privilege of settling on any part of the Leased District that suited them
best, and that I would issue provisions to them until such time as the
goods would arrive, they informed me that they had been lied to a good
deal, and that they wanted some greater and further evidence now of the
sincerity of the Government, that as the goods were not here, which were
intended for them, that they would take a few that the trader had, and be
satisfied with those, until such time as the others would be forthcoming,
and probably settle at the time the grass rises in the Spring, I told them
that the traders goods did not belong to me or to the Government, and that
I was consequently unauthorized to issue them, they then instantly rose up
and told me they were going, I called back a Kioway Chief and told him as
it was his first visit, that I would make him a present of some blankets,
paint and tobacco, that I was glad to see him, that the Government desired
to be on friendly terms with him and his people, and that if he thought
proper to come here with his people and settle, that he could do so on the
same terms as the others, he informed me that that was the object of his
visit, that he would return and consult on the subject and at no distant
day would make me another visit, and apprise me of the result of their
deliberations; in the mean time the others returned in a better humor, and
I told them that upon my own responsibility, I would make them a few
little presents, of blankets, paints, &c. which appeared to satisfy them,
and when they finally left, declared their friendly intentions, and said
they would ultimately settle here in compliance with the treaty.

In compliance with your letter of instructions of the 25th of Octr last, I
have rendered H. L. Rodgers all the assistance in my power in the way of
his building operations. Very Respectfully. Your obt. Servt.

    M. LEEPER, Ind. Agt. C. S. A.

  Elias Rector Esq., Supt. Indian Affairs.
    Fort Smith, Arks.


FORT SMITH, ARK., Dec. 27th, 1861.

SIR: Owing to the continued excitement in the Creek and Seminole Nations,
and the dangers necessarily to be encountered by persons either residing
in or travelling through the Indian Country, my return to the Agency has
been delayed longer than I expected. Taking into consideration all the
circumstances of the case I deemed it best and most prudent to await your
return from Richmond and submit a report of the case to you. When I left
the Agency early in November there seemed a unity of opinion and general
profession of Loyalty to the Southern Confederacy; but since then there
has been much disaffection and increase of excitement. The consequence has
been that some of the Traders residing among the upper Creeks have
left--narrowly escaping with their lives. Others are, as I learn,
preparing to leave. Since my departure from the Agency there has been two
engagements between the Confederate forces under command of Col. Cooper
and the followers of Hopothleyoholo, in both engagements Col. Cooper was
victorious. This, however, has only increased the vindictiveness of
Hopothleyoholos Party and, consequently, magnified the dangers attendent
on travelling through or residing in the Nation. My Agency is, as you are
aware, situated two hundred miles west of this place, and wholy
unprotected and exposed to depredation, it is very insecure. Parscofer and
others as stated in my report to the Department as heading the disaffected
party, were leaders, in the recent battles, on side of the enemy. But I am
pleased to be able to state that Jumper, Short Bird, Cloud and Holatut
Fixico were found with Col. Cooper doing their duty as faithful and Loyal
allies. It will, probably, not be a great while before the excitement may
subside, rendering travel and residence there more secure. When you deem
it necessary and safe for me to return I will be ready. I await your
orders on the subject. I am very Respectfully Your obt. Servt.

    SAM'L M. RUTHERFORD, C. S. Agent for Seminoles.

  Maj. E. Rector, Sup. Ind. Affairs, C. S. A.,
    Fort Smith, Ark.


RICHMOND, VA., 29th December, 1861.

SIR: I send herewith, to your care, by a Special Messenger, packages for
the Principal Chiefs of the Cherokee, Creek, Seminole, Choctaw and
Chickasaw Nations, which please forward to each immediately by express.

Also a talk for the Comanches and Caiawas, which, if they are still near
Fort Cobb, I wish sent to them by express. There is a letter to Chisholm,
and it would perhaps be well to send the talk to him and get him to go up
and see them.

Also a letter for Major Dorn and one to his Indians. I want them to come
down to Head Quarters and receive what is to be given them. I do not know
how you will get his letter to him.

The Treaties are all ratified, with two or three amendments that will cut
no great figure. As to the _money_ part, nothing has changed. Congress
appropriated $681,000 and over, under the Treaties, including Charley
Johnson's money up to middle of February, of the whole sum, $265,000 and
odd is to be paid in specie. I shall get the Treasury notes to-morrow, and
the Specie in New Orleans, and shall bring it all to you. The Secretary
agreed, indeed proposed, to send it out by me.

Among them, they fixed my compensation at $3,750.

I mean to be at Head Quarters by the 25th of January. I hope the different
Tribes will ratify the amendments, so that you can pay them pretty soon
after that time.

I think you had better buy all the goods, of Cochran and others, for the
Comanches, that you can. I want them to meet me at Head Quarters, and it
will be necessary to have _some_ goods for them. Congress would not agree
to give them any arms.

I hope when we pay the Indians their money, and I get some white troops in
the Country, we shall settle the difficulties there. God knows.

Give my kind regards to Mrs. Rector and the children. Always yours.

    ALBERT PIKE.

I send Dr. Duval's appointment, and Mr. Sandals', by the Messenger.


  CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT
    Office of Indian Affairs, Richmond, December 30th, 1861.

  MAJOR ELIAS RECTOR, Superintendent of Indian Affairs,
    Fort Smith, Arkansas.

Sir: The first session of the Congress of the Confederate States will be
held on the 18th February next; and it is important that the Report, from
this Bureau, in regard to Indian Affairs, for the benefit of that Body,
should be as full as possible. That this may be so, it is essential that
information should be sent here, at least by the 15th of that month, of
the true condition of affairs, in each of the several Agencies under your
supervision.

You will, therefore, write to all of the Agents, and state to them these
facts. Advise them also to give you _full reports_ of all matters
connected with their respective charges, and forward them, when received
to this office. Very respectfully,

    S. S. SCOTT, Act'g Commr. of Ind. Affairs.


  CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT
    Office of Indian Affairs, Richmond, Jany. 1st, 1862.

  MAJOR ELIAS RECTOR, Superintendent of Indian Affairs,
    Fort Smith, Arkansas.

Sir: An Act was recently passed by the Congress of the Confederate States,
and approved December 26th, 1861, "making appropriations to comply, in
part, with Treaty stipulations made with certain Indian Tribes." The whole
amount appropriated by this Act was six hundred and eighty one thousand,
eight hundred and sixty nine dollars, and fifteen cents.

By sundry requisitions of the Secretary of War upon the Secretary of the
Treasury, this sum has been placed in the hands of General Albert Pike,
for delivery to you, as Superintendent of Indian Affairs.

Herewith you will receive Tabular Statements, marked Numbers (1) and (2)
for your information and guidance, as to the times manner, &c., that this
money is to be disbursed.

You will perceive from these statements, that one hundred and nineteen
thousand, three hundred and forty dollars can be used, for the purposes
indicated immediately, or, whenever, it may be deemed essential by you;
while the residue, amounting to five hundred and sixty two thousand, five
hundred and twenty nine dollars and fifteen cents, is dependent, for its
dusbursement, upon the ratification of the Treaties, as amended by the
several Indian Tribes. Very respectfully,

    S. S. SCOTT, Act'g Commr. of Indian Affairs.


  TREASURY DEPARTMENT, C. S. A., SECOND AUDITOR'S OFFICE,
    Richmond, Va. Dec 31st 1861.

SIR--The Treasurer of the Confederate States will remit to you the sum of
six hundred and eighty one thousand, eight hundred & sixty nine 15/100
dollars--, being the amount of Requisitions Nos.
2175-76-77-78-79-80-81-82-83 & 84 issued in your favor on the 20th
Instant--, with which you are charged on the Books of this Office, on
account of the following Appropriation, to wit:

"An Act making Appropriations to comply in part with Treaty Stipulations
made with certain Indian Tribes," as per Act

  Requisition No. 2175 For Contingencies of superintending & Agencies    $   3,500.00
      Do       "  2176  "  Sundry Appropriations for Cherokee Indians      237,944.36
      "        "  2177  "    Do       Do          "  Seminole Indians       61,050.00
      "        "  2178  "    "        "           "  Choctaw &Chickasaws   115,126.89
      "        "  2179  "    "        "           "  Creek Indians          72,950.00
      "        "  2180  "    "        "           "  Comanches              64,862.00
      "        "  2181  "    "        "           "  Reserve Indians        82,905.00
      "        "  2182  "    "        "           "  Seneca Indians         11,962.46
      "        "  2183  "    "        "           "  Quapaw Indians          9,000.00
      "        "  2184  "    "        "           "  Osage Indians          22,568.44
                                                                           ----------
                                                                 Total    $681,869.15

The Treasurer will advise you when the same has been placed to your credit
on his Books, or hand you a Draft--for which you will please forward a
Receipt to this Office, specifying therein the date, number and amount of
said Requisition. I am, very respectfully, your ob't serv't,

    W. H. S. TAYLOR, Auditor.

To Genl Albert Pike, Agent for the War Department for delivery of the
above funds to Elias Rector, Supt. Ind. Affairs, now in Richmond, Va.


  CONFEDERATE STATES OF AMERICA, TREASURER'S OFFICE,
    Richmond, Va., Jan{y} 23

ELIAS RECTOR, Fort Smith, Ark.

Sir, I have this day placed to your credit 3,000 Dollars, amount of
Warrant No. 23 Issued in your favor by War Department. Your checks on the
Treasurer of the Confederate States will be honoured for that amount.
Please acknowledge the receipt of this Notification, and enclose your
official signature. Very Respectfully,

    E. C. ELMORE, Treasurer C. S.


  CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,
    Office of Indian Affairs, Richmond Jany 23d 1862.

MAJ. E. RECTOR, Superintendent &c, Fort Smith, Arkansas.

SIR: General Pike of date Dec. 30th 1861, writes to this Bureau, as
follows:

    In order to obtain the ratification, by the several Indian Tribes, of
    the amendments made by Congress to the Indian Treaties negotiated by
    me, and to effect a Treaty with the Caiowas, I have sent messages to
    the Creeks, Seminoles, Cherokees, Choctaws and Chickasaws, requesting
    that their national Councils may be convened; and to the Chiefs of the
    Osages, Quapaws, Senecas, Senecas and Shawnes, Comanches, Reserve
    Indians and Caiowas, requesting them to meet me at my head Quarters.

    It will be necessary to furnish provisions to the Creek and Seminole
    Councils, and to feed the more uncivilized Chiefs, while in Council,
    and on their return, and also perhaps to make some presents; for which
    purposes no funds are in the hands of the Superintendent or myself.

In accordance with these suggestions and at the request of this Bureau a
requisition was drawn by the Secretary of War, a few days ago, for the sum
of three thousand dollars, which is to be placed to your credit in the
Treasury.

You will please use this money, or so much of it, as may be necessary, for
the purposes, and in the manner, above indicated. Very respectfully,

    S. S. SCOTT, Act'g Commr. of Ind. Affairs.


LITTLE ROCK, ARK., 28th January, 1862.

DEAR RECTOR: I will leave here on Friday morning. It will take me, I
suppose, six days to reach Fort Smith with the money. This will bring me
to the 5th, 6th or 7th of February.

I have $265.927.50 in specie, all in gold except $65.000 in silver. Of
course I must stay with it. I think I can make the journey, though in six
days.

I think you had better go up to my head Quarters immediately, and arrange
to feed the Comanches and others if they come there; and keep them there
until I reach the place. I can take the money there, and send by the same
messenger who takes this, to Colonel Cooper for an escort.

The Treasurer of the Choctaws means to sell the coin his people get, buy
Confederate paper, and put the difference in his pocket. We must stop
that. I think the best way will be for you to notify the Chief, Hudson,
the amount to be paid in coin, and that you will pay it to the Treasurer
only in the presence of three Commissioners appointed by himself.

If you _can_ pay the Choctaws and Chickasaws at my Head Quarters, it will
of course be much better.

I have had to ask the _immediate_ removal of Leeper, and the appointment
of Col. Pulliam in his place. This I have done to-day, sending extracts
from your letter, Charley Johnson's and Quesenbury's.

The Secretary is also advised, now, of Garrett's continual [illegible].

Why do you not demand his removal, and name a person for his place?

I don't believe Col. Cooper will be removed. The President said in my
presence, "Now that the Choctaws have a Delegate in Congress, what need of
an Agent?"

About 150 gamblers are here, following up the Indian moneys. I enclose an
order requiring passports, that will keep them out of the Nation.

I have the $150.000 advance for the Cherokees, the $12.000 due the Nation,
and the $10.300 due the Treaty party or Stand Wade's,--all in paper. Also
the $50.000 advance for the Choctaws. In paper and specie, I have for you
$631.000 and over.

Have you received the money, (some $3.000) that I asked should be sent you
to pay expenses of the new Indian Councils?

If you cannot go to Head Quarters immediately, you will have to send some
one, and let him and Colonel Cooper keep the Indians contented. Always
yours,

    ALBERT PIKE.

Maj. E. Rector.


OFFICE SUPT. IND. AFFAIRS, Fort Smith, Feby 1st, 1862.

SIR: I have the honor to transmit herewith the Reports of Agents Leeper,
Cooper, Rutherford and Crawford. No report has been received from Agent
Dorn.

Business of importance requires me to leave here to-day for Fort Gibson
and the Creek Agency, it is important for me to take charge of the public
property at the Creek Agency which I shall do on my arrival there and I
will turn the same over to R P Pulliam who I have appointed Agent to act
until the Department may make a permanent appointment and I hope Mr
Pulliam may be the person appointed. I have also appointed to meet a
delegation of Comanches and Kiawas at Fort Gibson where I expect Genl Pike
and myself will effect treaties with them. I have sent a lot of goods to
make some presents to them and to the wild bands with whom Genl Pike made
treaties last fall and to whom he promised some goods; after meeting these
delegation and ascertaining what can be effected with them I will make out
and forward to you a report of Indian matters generally in this
superintendency which I hope will reach you in time to be of some service
to the Department. I could not, until after I meet those Indians and
ascertain the condition of the Creek Agency, make a full and satisfactory
report.

In regard to Agent Crawfords report I must here state, that from the best
information I can obtain of the condition of affairs among the Cherokees,
I cannot concur with him, but I will inform myself fully in this regard
during my present visit among them and will furnish my views fully in my
report, Very Respectfully Your Obt. Servt.

    E. RECTOR, Supt. Ind. Affairs

  S. S. SCOTT Esq Acting Comr. Ind. Affairs
    Richmond, Va


OFFICE SUPT IND AFFAIR, Fort Smith Feby 1st 1862

SIR: Genl. Pike is here with $50.000 Dollars in Gold and Silver for the
Choctaws, and as I am compelled to accompany him on important business to
Fort Gibson, I have determined to take the above money with me to that
place and pay it out there, which will be as convenent for you as to pay
it here, and as Col Cooper will have to be present at the payment, it is
necessary to make the payment when he can attend. I will be ready to pay
over to your Treasurer the above money at Fort Gibson in ____ days from
this date, and I wish you to send with your Treasurer a delegation of
three responsible persons to be selected by you to witness the payment.
This I require, as it is a special case with our government to pay out
Coins to the Indian tribes at this time, and to insure the payment by the
Treasurer of the same funds to your people, that he receives from me. Our
government is determined to use all precautions to prevent speculations
out of the funds sent out to pay to Indian tribes. Very Respectfully Your
Obt Servt.

    E. RECTOR, Supt Ind Affrs

Hon Hudson, Chief Choctaw Nation.


  CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT
    Office of Indian Affairs, Richmond, Feby 7th 1862.

  MAJOR E. RECTOR, Superintendent of Ind. Affairs.
    Fort Smith, Arkansas.

Sir: Your two letters, dated January 9th & 10th, have been received. The
former gave a brief statement of the facts, in relation to the arrest, by
Agent Leeper, of one Meyer, supposed to be a spy, with $6.455.70, in
Drafts and Specie upon his person, and enclosed copies of letters from
Messrs Leeper and Shirley, bearing upon same subject. The latter simply
covered the Affidavit of a Mr. Barnes, claiming the Drafts referred to,
followed by affidavits of Meyer and one Jacob Mariner intended to
substantiate it.

The questions presented in this case should properly be investigated by
Brig. Genl. Pike, who has command of the Department of the Indian
Territory, where this person was arrested; and a letter has therefore been
written to him from this Bureau, for the purpose of calling his attention
to the fact.

You will take the necessary steps to have the man Meyer turned over to
him. Very respectfully,

    S. S. SCOTT, Act'g Comr. of Ind. Affairs.


FORT SMITH, 16th Feby 1862

ELIAS RECTOR Esq, Superintendent of Ind. Affairs

Sir: As to the case of Fredrick Meyer, arrested as a spy, there is nothing
beyond suspicion against him, except his possession of certain drafts
drawn by a U. S. Quartermaster on the Assistant Treasurer at New York, and
the Statements of Comanche Indians, who are not competent witnesses.

I decline to place him in custody as a spy or to order a Miltary Court to
try him. I cannot order his discharge or the return of the drafts and
money taken from him, because the Military power is silent, within the
limits of Arkansas, in the presence of the Court power, as to reports that
may be asserted and remedies that may be pursued, in the Courts. If I had
the power, I should make the order.

If you continue to hold the property in question, or to detain the party,
you will please consider that you do it on your own authority. I am very
respectfully yours,

    ALBERT PIKE, Brig. Genl. Commr. Ind. Dept.


MOUTH OF CANADIAN, 23d Febr. 1862.

MAJOR: I reached this place last night, and leave this morning. The teams
furnished me at Fort Smith are hardly able to go further, and our progress
must be slow. I shall hardly reach Spaniard's Creek before tomorrow night,
and wish you to meet me there. I did think of sending the money, at least
the specie, direct from this point to North Fork, but have determined to
keep it with me until I meet you. If you will meet me at Spaniard's Creek,
we can then determine what disposition to make of it.

Gen. Price is at Walnut Grove, eight miles south of Fayetteville; will
take position near Cane Hill, and means to attack as soon as he gets
5,000. men in addition to his present force. McCulloch is on the telegraph
road, to his right. _They are not acting in harmony_, Col. Gatewood says.

Our forces in Kentucky and Tennesse have had to fall back before 70,000 of
the enemy. The new position, it is expected, will be at Stevenson and
Charleston road. When the enemy took Fort Donelson, both Bowling Green and
Columbus became of value to us. Each position was carried. But we have
only taken a new position, losing no battle. The fort surrendered.
Columbus is or will be evacuated and Nashville surrendered.

There are no means of crossing the Arkansas here, except one boat, that
must have a bottom put in it. I must bring at least part of the Choctaws
to Gibson, to cross the river and move towards Cane Hill, and in order to
be able to do it as soon as possible I wish to turn over the money to you.
Truly yours

    ALBERT PIKE

Major Elias Rector.


OFFICE SUPT IND. AFF'RS, Fort Smith, Feb'y 28th, 1862.

SIR: I have the honor to acknowledge the receipt of your letter of 23d
ultimo notifying me that the sum of $3,000--had been placed to my credit
in the Treasury on Requisition No. 23 from the War Department subject to
my Draft and request my official signature which is hereto affixed. Very
Respectfully your Ob't Serv't.

    E. RECTOR, Sup't Ind. Aff'rs.

  E. C. Elmore Esq., Treasurer of the Confederate States
    Richmond, Va.


OFFICE SUP'T IND. AFFAIRS, Fort Smith, Feb'y 28th, 1862.

SIR: I have the honor to acknowledge the receipt of your letter of Jany
1st accompanying Tabular Statements sent out by Gen'l Pike. On his arrival
here I was absent in the Indian Country where I had been ordered by him to
meet a Delegation of wild Comanches and Kiawas. Genl P-- did not leave the
money here to be paid over to me but tuck it in the Indian Country to his
head quarters, where he will I presume pay it out to the Indians himself.
Very Respectfully, your ob't Serv't.

    E. RECTOR, Sup't Ind Affairs.

S. S. SCOTT Esq. Acting Com'r Ind. Affairs, Richmond, Va.


[_Rector to Scott_]

OFFICE SUPT IND. AFFAIRS, March 4th, 1862.

SIR: I deem it my duty, in justice to myself, as well as my duty to the
government to notify you that Gen'l Pike has been paying over certain of
the funds sent out by him to the Indians, one payment which he has made, I
wish here to enter my protest against as not meeting with my approbation,
it was in paying over to Agent A. J. Dorn the specie sent out for the
Indians in his Agency. My objections to said payment are these: Agent Dorn
has never executed a Bond to the Confederate government for the faithful
accounting for of funds placed in his hands, and I should certainly not
turn over large amounts of government funds to any Agent in my Department
until he first gave a good and sufficient Bond and next; the Agency which
Mr. Dorn fills is in the limits of the State of Kansas and has been in the
possession of the Federals for six or seven months, Dorn cannot even get
to it, he has no fixed locality for his Agency sometimes he is with the
army, at others in the State and is now here at this place and has with
him the money.

I am clearly of the opinion that this money should have been kept in some
safe place in this State until after our present troubles are over. The
Federal army is now invading within fifty miles of this place and between
him and the Indians for whom Dorn is Agent, which makes it impossible for
him to pay it to them if he so intends.

None of the Agents in this Superintendency have entered into Bond. Nor do
I know whether they intend to do so except Agent Rutherford he came here
from his Agency a few days since for the purpose of giving his Bond but is
now on a bead of sickness from which it is doubtful if he ever
recovers....

    ELIAS RECTOR.[589]




APPENDIX B--THE LEEPER[590] OR WICHITA AGENCY PAPERS


OFFICE SUPT. INDIAN AFFAIRS, Fort Smith, Oct. 12th, 1861.

SIR: I have to acknowledge the receipt of your letter of 15th inst. by
Expressman Sturm[591] at Tahlequah C. N. while on public business at that
place on the 2nd inst and in answer must say.

Your requisition for Medicine I cannot comply with. I have no Medicines on
hand for the Indian Service. Neither have I been instructed to furnish
either Medicines or Medical assistance to the Indians, and if I were
disposed to take the responsibility and advance the funds to purchase
Medicines they could not be procured at this place.

I am pleased to learn that Buffalo Hump came in to see you, but both
myself & Com{r}. Pike regret that you did not hold out to him all the
inducements which were in your power, and use all the forces and means at
your command to provide him with such houses as were contemplated and
promised by Com{r}. Pike for the comfort of those Indians and to make them
satisfied and anxious to come in.

The Com{r}. has issued an order prohibiting Jim Ned from returning to or
ever occupying any portion of the Leased District again, this order you
will see carried out. He has also ordered the Military to kill Ned should
they find him.

No blanks have been furnished to the office as yet. Nor have even forms
been purchased for the vouchers, abstracts etc. You must rule and arrange
your papers as best you can for the present as I have to do myself.

I have turned over to Mr. Sturm four mules turned over to me as mules
taken from you by Gen{l} Burrow. I obtained them with great difficulty in
bad condition, nearly on the lift. I have had them three or four weeks,
these were all I could find and do not know whether they are all that were
taken from you or not.

As stated above I have received no funds for the Indian Service from the
Confederacy, in fact there has been no Indian Department organized
consequently no appropriation has been made nor will any Indian business
be done in the War Department until after the late Treaties are submitted
and approved.

I shall leave here in a short time for Richmond for the purpose of
organizing the business of the Superintendency, procuring funds, goods
etc. for the Indians in compliance with the Stipulations of the late
Treaties.

C. B. Johnson is absent at New Orleans and is expected back in a few days.

Enclosed you will find Sutton & Springs receipt for $200.

Owing to Creek difficulties I send Mr. Sturm back by direct route for his
safety and the safety of your property. Very Respectfully Your Ob't.
Servant

    E. RECTOR, Supt. Ind. Affairs.

Col. M. Leeper, Ind. Agent, Wichita Agency, L. D.


  OFFICE SUPT. IND. AFFAIRS, FORT SMITH, ARKS.
    Oct. 30th, 1861.

SIR: I have to acknowledge the receipt of your letter of the 21st inst. by
Expressman.

On the 12th Inst, I wrote you by your expressman Mr. Sturm and as then,
state I have no funds in my hands for the purchase of Medicines or for any
other purpose for the Indian Service. Nor have I been authorized to
provide the Indians with Medicines or Medical assistance; there has been
no Indian Department regularly organized as yet, by our Government, nor
will there be until after the Treaties lately made by Com{r} Pike are laid
before the President and approved.

I have purchased for you on your own account, all the medicines I can
purchase in this place that would be useful to the Indians. I send them by
your Expressman with the bills, you can charge the Government with them in
your account.

I am pleased to learn that the Kiowa Indians are likely to come in and
make a treaty. Com{r} Pike cannot possibly be there to treat with them for
some months to come, the treaties made by him with the Comanches places
all of those Indians who may hereafter come in on the same footing with
those who entered into treaty stipulations, and I hereby authorize you, as
I have authority to do from Com{r} Pike, to make the same treaties and
hold out the same inducements to the Kiowas as were made by him with the
Comanches, do not, however, promise them blankets this winter as it would
be impossible to procure them, the Government cannot procure a sufficiency
of them for the Soldiers, not even at the most exorbitant prices. Agents
are traveling over the States purchasing second hand blankets from
families who take them off their beds to accomodate the Soldiers in the
field.

H. L. Rogers is now on his way to your agency with hands to build houses
for the Indians, he is sent out by Com{r}. Pike on his responsibility. I
wrote you by him.

Gen'l Pike will have command of the Military Department of the Indian
Country. He is now on his way to Richmond Va., when he will [return] I am
not advised, it will be with him to direct what military force will be
placed at Fort Cobb for the protection of your agency, when that
protection will be furnished I am unable to advise you, of the importance
of an efficient force being stationed there at an early day there can be
no doubt.

In regard to the Mail or Express arrangements you speak of, I must say I
have neither power, authority, or means to establish mail or express
routes to your agency or elsewhere. Our State and other States are
suffering greatly for want of mail facilities, and I cannot involve myself
pecuniarily in the matter, this matter must be brought regularly before
the Department and its action had.

In regard to the time when you may expect funds to close your accounts I
can only say that you need not expect funds until after the treaties
recently made are ratified and appropriations made in accordance with your
estimates furnished Com{r} Pike, the Government will not, of course, send
out funds for Indians until it is advised that it has some treaty
relations with them, I will leave here on the 7th day of next month for
Richmond for the purpose of assisting in the organization of our Indian
business, and for the procurement of funds, goods, etc, to carry out the
provisions of the late treaties, on my return you will be advised of the
result of my mission.

I learn from Mr. C. B. Johnson that you had advised him that Mr. Beckle is
acting as Commissary, this is wrong and is calculated to produce confusion
in the accounts. Mr. Sturm is the recognized commissary regularly
appointed by me, he should not be sent away from his regular duties on any
other business and I so informed him while here and notified him that his
absence from his regular duties on another occasion would be sufficient
cause for me to remove him and appoint his successor, the appointment of
commissary belongs exclusively to me, and you are well aware of the
importance of his being constantly at his post, as he is the check on the
contractor in filling the requisitions of the agent. In future I hope he
will not be detailed for any other duties. Mr. Sturm is and will continue
to be Commissary until removed by me either upon charges or such cause as
I may think requires his removal. Very respectfully, Your Ob't. Serv't,

    E. RECTOR, Supt. Ind. Affairs.

Col. M. Leeper, Indian Agent, Wichita Agency, L. D.

The bearer of this letter, Capt. H. L. Rogers, has been employed and
empowered by Gen{l} Pike Commissioner with plenary powers, to proceed to
the Wichita Agency, with hands, to erect buildings necessary for the
Commissary and cabins for the Indians, Commissioner Pike becomes
responsible for the work....--RECTOR to Leeper, dated Fort Smith, October
25, 1861.


SUBPOENA[592]

Confederate States vs. Matthew Leeper, Indian Agt, Comanche, et al. State
of Arkansas, The Confederate States of America.

To J. J. Sturm--Greeting. You are hereby commanded, that laying all manner
of excuses aside, you be and appear before the undersigned, special
commissioner of C. S. A. at the Law Office of James P. Spring, in the City
of Fort Smith, in the County of Sebastian, and State of Arkansas, on the
10th day of January, 1862. Then and there to testify and the truth to
speak in a certain matter before said Commissioner pending, wherein The
Confederate States of America prefers certain charges against Matthew
Leeper, Indian Agent of Comanche and other reserved Indians west of the
State of Arkansas, and on behalf of the C. S. A.

Herein fail not at your peril.

In testimony whereof I, James P. Spring, Commissioner of Examination,
have hereunto set my hand and affixed my private seal [there being no
public seal for such purposes provided] in the City of Fort Smith, this
12th. day of November, 1861.

    JAMES P. SPRING, [Seal], Commissioner of Examination, C. S. A.


QUESENBURY[593] TO LEEPER

Gen. Pike is now in Richmond. I am engaged in building winter-quarters for
his Brigade. The General will probably return about the 10th of December.

I hope you will honour my requisitions for forage for the animals of the
expedition for the blankets at Mr. Shirley's. The trip will be a hard one,
and I fear a long one.

There is no news of import from my quarter. There was something of an
occurrance in the Ho-poieth-le Yohola imbroglio the other day. Mr.
Scrimpsher can give you the current particulars....


FORT SMITH, Dec 4, 1861.

DR. SIR:--We have no late news of importance. The Federal troops 30000
strong came as far as Springfield and fearing to advance further returned
to St. Louis & Kansas; the Kansas party took from the vicinity of
Springfield 600 negroes from Union men as well as Secessionists.

A heavy battle was fought in Mo. opposite Columbus a few days since.
Pillow commanded the Confederate forces 2500 strong, the Federals came
down in their gun-boats 7000 strong & landed. The fight lasted 4 hours
with heavy losses on both sides. Pillow was then reinforced and drove the
Federals back to their boats making a perfect slaughter of the Yankees.
Our victory was complete and a very important one it was. Price has gone
back to the Mo. River, McCulloch is bringing his army down here to go into
winter quarters on the Arks. River.

Hardin is marching on Louisville, Ky., with from 80 to 100,000 Confederate
troops. We are expecting to hear of his having possession of that city
soon.

McClellan is said to be advancing slowly and continuously on Johnson and
Boregard. They are anxious for him to pay them a visit.

Our legislature has elected Bob Johnson & Chas. Mitchell Senators, the
Washington County District elected Batson over Thomason to Congress. G.
D. Royston is elected in this District and Judge Hanley in the Helena
District.

Can't think of anything else that would interest you. Your friend in
haste,

    R. P. PULLIAM.

Col. M. Leeper.


OFFICE SUPT. IND. AFFAIRS, FORT SMITH, Dec. 4th, '61.

SIR: I enclose herewith a Copy of a letter from Albert Pike Comr. etc. to
Elias Rector, Supt. Ind. Aff., of date 21st. ultimo also two official
letters.

That portion of Comr. Pike's letter relating to inviting the Indians to
settle on the Reserve was anticipated by Supt. Rector's letter of
instructions to you of the 30th October last.

The messages which Comr. Pike wishes given to the Indians you will, of
course, deliver to them.

Maj. Rector left here for Richmond about ten days ago. When he will return
I am unable to say, as it seems from Pike's letter he has to purchase and
bring on the Indian goods. Very respectfully,

    R. P. PULLIAM, Clk.

Col. M. Leeper, Wichita Agent.


WICHITAW FED [FEED] HOUSE, December 10th 1861

DEAR CONL. From what I can asertain the Dutchman supposed to be a spy is
one of the party who of ten, (five Mexicans & five whites) who prevented
the wild Comanchees from coming in by telling them that we were fixing a
_trap_ to destroy the last one of them. when we got them here, and as an
indusement to dispose of their Buffalo Robes this party told the Indians
that we would take the last Robe from them with our troops.

The [above] I was informed of by the Comanche Cheves several days ago Very
truly

    J. SHIRLEY

Col M. Leeper, Wichitaw Agency.


WICHITA AGENCY L. D., Decr 10th 1861

A memorandum of moneys and effects found on the person of a german who
says his name is Frederick Myer, arrested and detained here, he being
suspected of being a spy on the part of the United States in opposition to
the Confederate States of America. The individual together with the moneys
and property found upon his person is intended to be forwarded to the
Superintendent of Indian Affairs Fort Smith at as early a day as
practicable

Four drafts on the U. S. Asst. Treasurer New York, dated at Santa Fe N. M.
Sept. 17th 1861 and drawn by Jno P. Hatch Capt. Rm R. Actg C. S. in favor
John Dold transferred to Frederick Myer, viz.--

    No. 103. Twelve Hundred & fifty dollars
     " 104. Twelve Hundred & fifty dollars
     " 105. Four Hundred & Eighty four dollars
     " 106. Two Hundred & nineteen 50/100 dollars.

Also five other drafts as above described dated on the 19th Sept. 1861.
viz;--

    No. 112. Six Hundred dollars
     "  113. Five Hundred dollars
     "  114. Four Hundred dollars
     "  115. Three Hundred dollars
     "  116. Two Hundred dollars.

One draft dated Sept. 18th 1861 drawn by J L Donnevhen P. M. favor Stephen
Bryce or order transferred to Frederick Myer

    No 1669. Nine Hundred & eighty three 25/100 dollars.
    Also in Gold One Hundred & fifty five dollars
         Silver Seventy cents
    One Colts Revolver, belt & Scabbard
    One large Pocket Knife
    Also found in his possission two ponies one gray and one sorrel

Four letters addressed as follows,

    Mr. J. W. Gregory  Santa Fe N. M.
    Mr B Seligman        "       "
    Mr. Geo. T. Madison  "       "
    Mr W. W. Griffin     "       "

Received Wichita Agency L. D. Decr. 15 1861, all the above articles moneys
&c. excepting the two ponies bridle and saddle and saddle bags, large
knife and ten dollars in gold which were forwarded by H. L. Rodgers
accompanying the prisioner, all of which balance in my possession to be
delivered to the Superintendent of Indian Affairs Fort Smith Arks.

    M. GRIMES

Received Fort Smith Dec. 9th 1861 from M Grimes the above monies & Pistol
as per his Recpt to Col Leeper

    E. RECTOR, Supt. Indian Affrs


WICHITA AGENCY S. D., Decr. 12th 1861

SIR: I forward to your charge by H. L. Rodgers, a german by the name of
Frederick Myer, whom I arrested as a spy or smugler in behalf of the
United States, and upon whose person was found Six Thousand three hundred
dollars in drafts upon the Assistant Treasurer New York, one hundred and
fifty five dollars in gold and seventy cents in silver, four private
letters of unimportant import, two ponies and revolver pistol No 72,942
belt and hoster, one riding saddle, one pack saddle and one pair saddle
bags, all of which will be forwarded to you by Mr Marshall Grimes, with
the exception of the two ponies bridle and saddle and saddle bags and ten
dollars in gold, which I have placed in charge of Mr H. L. Rodgers and
will accompany the prisoner.

The principal evidence against Frederick Myer, was derived from the Trader
Mr. John Shirley, whose written statement is herewith enclosed. Very
Respectfully Your obt. sert.

    M. LEEPER, Ind. Agt. C. S. A.

  Elias Rector Esq, Supt. Ind. Affrs,
    Fort Smith Arks.


WICHITA AGENCY, L. D. December 15th 1861

TO JOHN JUMPER, and our brothers in the Seminole Nation,

We have nothing particular to write you, we are all well and doing well
here

Since we had the talk we have _understood_ that you had some difficulty
among your people, but that does not have any bad effect upon us as we are
friends the same as at the time we made the treaties--Our brothers the
Comanches, and all the other tribes, are still friends with you, and are
all very sorry that you are fighting one against another, brothers against
brothers, and friends against friends. When Mode Cunard and you were here
and had the talk with Genl Pike--we still hold to the talk we made with
Genl Pike, and are keeping the treaty in good faith, and are looking for
him back again soon.

We look to you and Mode Cunard and Genl Pike as brothers--General Pike
told us at the council that, there were but few of us here, and if
anything turned up to make it necessary he would protect them. We are just
as we were when Genl Pike was up here and keeping the treaty made with
him--Our brothers the wild Comanches have been in and are friendly with
us.

All the Indians here have but one heart--our brothers, the Texans, and
the indians are away fighting the cold weather people we do not intend to
go North to fight them but if they come down here, we will all unite to
drive them away--Some of my people are one eyed and a little Crippled, but
if the enemy comes here they will all jump out to fight him--Also that
Pea-o-popicult has recently the principal Kiowa Chief has recently visited
the reserve, and has expressed friendly intentions, and has gone back to
consult the rest of his people and designs returning

    HOSEEA MARIA      BUFFALO HUMP
    KI-KAD-A-WAH

    Chiefs of the Comanches

    TE-NAH      JIM POCKMARK.
    GEO WASHINGTON


The Confederate States of America

                         To M. GRIMES               Dr.
    1861:  Nov 30    For Services rendered of negro man
                     Guss as Laborer from 1st Oct. to
                     30th Nov 1861, inclusive, 2 mos.
                     at $300.00 pr. an.                   $ 50.00

Received at Wichita Agency L. D. Decr 31st 1861, of M. Leeper Ind. Agt. C.
S. A. Fifty dollars in full of the above account.

    $50.00      M. GRIMES.

I certify on honor that the above account is correct and just, and that I
have actually this 31st day of Decr. 1861, paid the amount thereof.

    [Triplicates]       IND. AGT. C. S. A.


The Confederate States of America

                         To A. OUTZEN                  Dr.
    1861:  Decr 31    For Services rendered as Wheelwright
                      etc. at Wichita Agency,
                      L. D. from 1st Oct. to 31st Decr.
                      1861 inclusive, 3 months at
                      $600.00 pr an                        $ 150.00

Received at Wichita Agency L. D. Decr 31st 1861 of M. Leeper, Indian
Agent, C. S. A. One Hundred & fifty 00/100

    $150.00                     A. OUTZEN Wheelwright.

I certify on honor that the above account is correct and just, and that I
have actually this 31st day of Decr 1861, paid the amount thereof,

    [Triplicates]       IND. AGT. C. S. A.


The Confederate States of America

                           To J. B. BEVELL            Dr.
    1861:  Decr 31    For Services rendered as Laborer at
                      Wichita Agency L. D. June 1
                      Oct. to 15th Nov 1861--inclusive
                      1 mo & 15 days at $300.00 pr an            $ 37.50

                      And as Farmer from 16 Nov to 31
                      Decr 1861 inclusive 1 mo & 15
                      days at $600.00 pr an                        75.00
                                                               ---------
                                                                $ 112.50

Received at Wichita Agency L. D. Decr 31st 1861 of M. Leeper Ind. Agt. C.
S. A. One Hundred & twelve 50/100 Dollars in full of the above account.

    $112.50.            JOHN BEVELL Farmer

I certify on honor that the above account is correct and just, and that I
have actually this 31st day of Decr 1861, paid the amount thereof,

    [Triplicates]       IND. AGT., C. S. A.


The Confederate States of America

                            To D. SEALS                Dr.
    1861:  Decr. 31    For Services rendered as Farmer at
                       Wichita Agency L. D. from 1st
                       Oct. to 31st Decr. 1861 inclusive,
                       3 months at $600.00 per an             $ 150.00

Received at Wichita Agency L. D. Decr. 31st 1861 of M Leeper Indian Agent
C. S. A. One Hundred & fifty 00/100 Dollars in full of the above account.

    $150.00             DAVID SEALS, Farmer

I certify that the above account is correct and just, and that I have
actually this 31 day of Decr 1861, paid the amount thereof,

    [Triplicates]       IND. AGT. C. S. A.


FORT SMITH, January 13th, 1862.

SIR: In compliance with your letter of instruction of the 10th inst. I
have the honor to present in detail the condition of affairs connected
with the Wichita Agency. In thus presenting my report I shall attempt to
be governed by as much brevity as possible.

In detailing the affairs of the people in my charge and of my action in
reference to them it will become necessary to refer not only to the
present but to their past history in Texas. There was a time in Texas when
these people were in a prosperous and happy condition, and they advanced
as rapidly in the arts of civilization during that time, perhaps, as any
people ever did. But evil disposed persons in their vicinity and those not
far distant on the frontiers of Texas became dissatisfied with their
locality and determined to disperse and break them up. They continued
their work of desolation until the indians were compelled to abandon their
homes and seek a refuge west of the Chickasaw and Choctaw Nations on the
Leased District. In doing so they suffered many and very severe losses and
privations. Numbers of their horses and cattle were driven off by their
enemies and many things useful to them, were necessarily abandoned.
Estimates were prepared of the amount of damage and submitted to the
original United States Government but before any action was taken, the
government dissolved and their just claims consequently failed. Therefore
permit me most respectfully to suggest the propriety of immediately
calling the attention of our Government and of the proper Department to
the fact, in order that these people may obtain adequate remuneration. In
reference to their habitations, they have nothing to claim. They have more
and better houses than they had in Texas. The Commanches have eight or ten
neatly hewn log cabins with good chimneys. Three double log hewn houses
with good chimneys, to each room for the chief's in addition to a number
of warm comfortable picket houses which they partly built themselves and
covered with grass.

In Texas they had but one house which belonged to the Chief, in the
scramble for the spoils at the time of the abandonment of Fort Cobb by the
federal troops they were not altogether behind for I have observed among
them several new Sibley tents and a number of new common tents. The
Tonkahwas have warm comfortable houses made of poles and grass such as
they had in Texas. And for the chief I built a good double log house with
chimneys to each room and a hall or passage in the centre, in which he now
lives.

The Anahdahkoes have quite a number of comfortable houses consisting of
four double houses with chimneys to each room, passages in the centre and
to some of them shed rooms attached. The remainder consist of hewn log
cabins and Picket houses such as they had in Texas covered with grass. The
Caddoes also have quite a number of houses consisting of various double
houses, single houses and picket houses.

The Witchitas have no houses except such as they have built for themselves
consisting of a net work of sticks and grass but they are warm and
comfortable. They are not decided upon a permanent location and
consequently refuse to have houses built. The Tahwaccarroes, Wacoes,
Ionies and Kechies inhabit the same kind of houses as the Witchitas and
like them have not decided upon a permanent location. The Shawnees and
Delawares all have good comfortable cabins.

In February last whilst at Washington I closed all my former accounts with
the department of the Interior of the United States Government and
estimated for the first and second quarter of 1861 which estimates
amounted to 13899 dollars and eighty-five cents. On my way to the Agency
in the Indian Country prepared to carry out the designs and expectations
of the government I was arrested by one Burrow who represented himself to
be a general on the part of the State of Arkansas, who examined my papers
and took from me one wagon four set of harness, one horse and seven mules,
property which had been purchased by the United States government for the
use and benefit of the Indians in my charge, all of which has been
subsequently returned with the exception of two of the mules. After the
wagon and mules were taken I hired transportation and proceeded to the
Agency where I found the Indians in a high state of excitement and alarm;
their fears having been excited by a Delaware Indian by the name of Jim
Ned and other evil disposed persons, tattlers and tale bearers who are apt
to be found loitering about Indian Reserves.

In reference to the people of Texas, I succeeded in satisfying them that
their apprehensions were groundless, let several contracts for breaking
prairie and commenced to work generally in accordance with my estimates
and the wishes of the Department. But soon afterwards my state (Texas)
seceded from the Union and I determined no longer to act as a federal
officer, and having no authority to act for the Confederate States, I
delivered to the indians all the property in my possession which was held
in trust for their benefit with the exception of two wagons which were
used in my transportation, which together with one which had previously
been loaned to the Commissary are now reported on my property rolls. With
a hope to satisfy the indians until an agent should be appointed by the
Confederate States (which I assured them would soon take place) I expended
the remainder of the money's in my hands for blankets tobacco and clothing
for them, they being in a destitute condition, occasioned principally on
account of losses sustained by their goods being sunk in the Arkansas
River and by the fire at Fort Smith. The goods were intended to be
duplicated and money's had been promised for that purpose in advance of
their regular supply of goods of which the indians were apprised.

Upon the withdrawal of Texas from the Union, they again became
apprehensive of danger from the people of that State. I reminded them that
I was a Texan, and in order that they might have a positive guaranty of
safety, that they should have Texas troops to defend them. I made the
application and Capt. Diamond's company arrived on the day of my
departure.

During the whole course of my operations as Commanche Agent, and more
particularly the past year, my best efforts have been employed with a hope
to induce all the southern bands of Comanches to abandon their wandering
habits become colonized and settle, that being the most effectual means,
and by far the least expensive mode of checking their depredations on
Texas, and finally by means of messengers and messages I induced them to
come in on the first of August last and enter into treaty stipulations
with Commissioner Pike. A train of untoward circumstances prevented the
commissioner from complying strictly with his agreements with them which
have cast a shade of discontent upon their minds, and they say that it is
the cause of the non-compliance on their part, which was to settle on the
reserve last fall and abandon their roving habits. This however I do not
believe: if the commissioner had met them at the time appointed (the
falling of the leaves) with all the goods promised I am of opinion they
would have received the goods--made some excuse, and returned again to the
prairies. Such has been the case of the other Comanches who have settled
for several years and I think they would have done so too. Perhaps their
stealing operations would not have been so extensive; but they say that
that practice shall cease at any rate as long as they are friends with us.

In November last I received a visit from a Kiowa chief by the name of
"Big-head" who made many fine promises and agreed to settle on the reserve
with his people, but in this I place but little reliance. The Kiowa's are
a very numerous band. They are northern indians and their principal range
is from the sources of the Arkansas River to Bents Fort. Their principal
chief originally contemptiously spoke of the United States government and
troops, notwithstanding he annually received a large amount of presents
from that government, consisting of blankets, clothing, tobacco, rifles,
powder and lead, etc. They now have a federal agent at Bent's Fort.

During the past six months, but little has been done on the reserve--I
have had no means to accomplish much. The employees who have been engaged
have suffered considerably with sickness during the months of September
and October last. They have built a very comfortable double log house with
a gallery in front and a stable which is partly finished to which a room
is attached for the benefit of employees. Without such protection and
security there is no safety for the public animals necessary to carry on
the farming operations of the reserve.

No troops being stationed on the Leased District I have been unable to
exercise the necessary control. The indians have been kept in a constant
state of turmoil by false representations both in reference to myself and
things affecting their individual interest. No indian reserve can be
conducted in a satisfactory manner either to the government or indians
without the coöperation of troops to enable the Agent to enforce the
intercourse laws and eject disorderly persons from amongst them.

No funds as yet have been received to meet the current expenses of the
Agency, nor has any forage been furnished except twenty four bushels of
corn and twelve of oats, which were received from Commissioner Pike. The
remainder of the forage which was used in sustaining two government
animals and four private animals employed in the public service from the
first of August until the last of October and from that time till the 31st
of December four additional public animals, was gathered up at the
different corn houses which had been abandoned and were going to
destruction at Fort Cobb, and a small amount purchased on my own
responsibility from the contractor for supplying the indians.

It is deemed useless to suggest additional plans of retrenchment and
economy to the government as I am not advised as to the extent and nature
of the design of its future operations in reference to the affairs of the
reserve. With these facts submitted I have the honor to be Sir very
respectfully Your obedient Servant

    [M. LEEPER.]

E. Rector, Superintendent of Indian Affairs, Southern Superintendency


WITCHITA AGENCY, Jan. 31st., 1862.

BRIG. GEN'L A. PIKE, Com'd'y Indian Territory.

Sir:--Enclosed please find muster roll of Reserve Indians enlisted in the
services of the Confederate Government under your authority of the 30th
Aug't, 1861 to M. Leeper, Indian Agent, to act as spies and for the
protection of the Agency until relieved by Confederate forces.

You will perceive that I enlisted them on the 9th Sept. last and have made
up the roll to the 9th Feb'y, 1862, at which time I would respectfully
suggest the disbandment of them as they have already served three months
longer than they anticipated at the time of their enlistment and they are
anxious to be disbanded at the expiration of this month.

As much doubt has been expressed by the other Indians not enlisted, of
these ever receiving pay for their services, I believe if they were paid
off [it] would at once convince them of the integrity and honor of the
Confederate Government and should any emergency hereafter arise they will
more readily flock to the standard of our country.

Having received special instructions from M. Leeper, Indian Agent, to
remain at my post during his absence, I therefore forward these papers by
Mr. John Shirley and authorize him to act for me in this matter.


MUSTER ROLL OF RESERVE INDIANS MUSTERED INTO THE CONFEDERATE STATES OF
AMERICA UNDER COMMAND OF LIEUT. GEN'L H. P. JONES, SEPT. 9, 1861.

                              HORSE  BRIDLE&SADDLE     RIFLE BOW, ETC.
   1. Pinahontsama, Sergt.   $60.      $5.00             $25.     $5.00
   2. Pive-ahope Corpl.      $60.00    $5.00              do.      5.00
   3. Chick-a-poo             30.00     5.00              25.00    5.00
   4. Charley Chickapoo       30.00     5.00              25.00    5.00
   5. Somo                    40.00     5.00              10.00    5.00
   6. Boo-y-wy-sis-ka         50.00     5.00              25.00    5.00
   7. Cu-be-ra-wipo           50.00     5.00              25.00    5.00
   8. Ca-na-with              40.00     5.00              25.00    5.00
   9. A-ri-ka-pap             55.00     5.00              25.00    5.00
  10. Pith-pa-wah             50.00     5.00                       5.00
  11. Pe-ah-ko-roh            35.00     5.00              35.00    5.00
  12. Jim Chickapoo           65.00     5.00  six shooter 25.00    5.00
  13. Na-na-quathteh          40.00     5.00                       5.00
  14. To-no-kah               80.00     5.00              25.00    5.00
  15. Ath-pah                 25.00     5.00       Pistol #5.00    5.00
  16. Pe-ba-rah               30.00     5.00              25.00    5.00
  17. Cur-su-ah               45.00     5.00              10.00    5.00
  18. Cow-ah-dan Sept. 23d.  $60.       5.00              15.00    5.00

Signed Sealed & delivered in the presence of David Seals & Dr. Bucket,
Sept. 9, 1861.


WICHITA AGENCY L. D. Feby the 9th 1862

I certify on honor that I have received from Messrs Johnson & Grimes
Seventeen hundred and fifty-four rations of Beef, Flour, Coffee, Sugar,
Soap, and Salt for the use of my Spy Company raised for the protection of
the Wichita Agency by authority of Commissioner A. Pike as per letter
dated Augt. 30th 1861 to M. Leeper Indian Agent

    H. P. JONES, Lt. Com'd'y. and Act'g C. of S.


  HEAD QUARTERS DEP'T OF IND'N TERRITORY,
    FORT MCCULLOCH, 23rd April 1862.

SPECIAL ORDERS, NO.--

Lieut. Col. Harris, Commanding Chickasaw Battalion, will station four
companies instead of two, of his Battalion, at Camp McIntosh, and two only
at Fort Arbuckle. He will consult with the Agent for the Reserve Indians,
Col. Matthew Leeper, and do everything in his power to protect the Agency
and the _peaceful_ Indians on the Reserve, placing, if necessary his
troops at or near the Agency, and controlling the unruly Indians, by force
of arms, if it becomes necessary. By order of Brig. Gen'l Com'd'g

    FAYETTE HEWITT A. A. General


[Copy]

May 7, 1862.

Hon. Comr. Indian Affairs, enclosing copies from Gen'l Pike.

WASHITA AGENCY, L. D. May 7, 1862.

SIR: Enclosed herewith I have the honor to transmit for the information of
the Department the copy of a letter addressed to Gen'l Pike on the 13th
April last, and his reply thereto; the troops promised by the General have
not arrived nor have I any tidings from them.

There can be no question, if the Confederate States desire to keep up this
Agency and to continue their friendly relations with the Indians adjacent
to the Reserve, that a strong garrison is necessary. The appearance of
friendship could be maintained perhaps without it, but to put an entire
stop to the depredations upon Texas, cannot be accomplished without the
restraining influence of a military force; a small force at all times here
is necessary to enable the Agent to enforce the Intercourse Laws, and to
expell from the Reserve, disorderly persons and idlers, hovering around
the Indian Camps without any legitimate business or employment. I would
further respectfully suggest with all due deference to the military skill
of Gen. Pike, that white troops would be infinitely better and far more
available in every particular than Indians. It is well known that the
people of Texas adjacent to the Reserve have no very kind feelings for
Indians generally, and if it should become necessary to exercise military
authority over a Texan no matter who he is or however worthless he might
be, if it was done by Indian soldiers, it would engender deep-rooted
malice in the minds of very many of the Texan people against the troops,
which, in all probability would militate largely against the interest of
the Government. White troops have a greater influence upon the Indians
than Indian troops would have, and understand more perfectly the
obligations of enlisted men.

In my letter to Gen. Pike, I gave it as an opinion that it would be better
to either drive the Indians off, who are not located, or to require them
to settle on the Reserve. Various conversations had with them since that
time has been the means of changing my opinion; I think by continuing the
practice of giving them provisions and more supplies of presents when they
visit the Agency will perhaps induce them to remain quiet and not disturb
Texas, particularly if we present an array of troops sufficiently strong
to chastise them in the event of their forfeiting their promises and
acting a faithless part. To-day I held a Council with some of the wild
chiefs, they made fair promises, and promised to bring to the Agency on
the 20th of June next, the other wild chiefs who have never visited this
place, for the purpose of entering into a general treaty of peace, and
they say they will use all their influence with the Kioways to restore the
horses lately stolen from the Reserve Indians and cause those to treat
likewise. If it should be the desire of the Government for me to have them
sign the Treaty with such amendments or alterations as may be suggested,
there would not be the slightest difficulty in the way, it can be
accomplished without any further parade or expense, except the ordinary
supply of provision and a few small presents in the way of goods.

Allow me to direct the attention of the Department to the fact that the
present Contract for furnishing rations to the Indians will expire, I am
told, on the 16th August next, (I have never been furnished with a copy)
and that it will be necessary in order to give satisfaction to the public
to give at least a month's notice of the time and place, a new one will be
let and having been informed that the next Contract would be let at this
agency, and that the local agent would be charged with the duty, I deem it
necessary immediately to repair to Fort Smith to await instructions and
other necessary papers in reference to my official station and to receive
funds for the present and to forward an estimate for the ensuing fiscal
year.

May 8th.

To-day I was visited by quite a number of chiefs belonging to the wild
Comanches who have never been here before. They say they are desirous of
making a perpetual and ever-lasting peace with the Southern people, the
fourth of July is appointed for a general gathering in Council of all the
Chiefs and principal men belonging to the Comanches for the purpose of
entering into a general and lasting peace upon the same terms and
conditions which are offered those already settled. I appointed the 4th of
July that I might have an opportunity in the mean time of consulting with
and ascertaining the pleasure of the Government in reference to them. I am
of the opinion that three or four thousand dollars worth of goods
furnished upon that occasion and distributed to them as presents would
have a beneficial effect.

I learn from them that four white men and four Indians were recently
killed on the Llano, Texas that the Indians were returning from Mexico &
without knowing anything of the friendly relations which now exist between
our people and theirs, they stopped as usual, stole a parcel of horses,
were pursued and the killing aforementioned was the consequence, they
assert that they will control their people hereafter from depredating upon
Texas, and that if any of their bad men should cross Red River that they
will give immediate notice of the fact that they may be overtaken and
killed, and if they should escape notice steal horses and return they will
immediately take them from them, deliver them to the Agent with
information in reference to the place from which they were taken, so the
owners can recover them again.

With these facts submitted, I have the honor to be very respectfully, Your
Obedient Servant

    (Sgd.) M. LEEPER, Indian Agent, C. S. A.


COPY TO BRIG. GEN'L A. PIKE, APR. 13, 1862. IN REFERENCE TO THE CONDUCTING
OF THE RESERVE COMANCHES AND WILD BANDS OF COMANCHES, ALSO REQUESTING A
MILITARY FORCE TO BE STATIONED ON THE RESERVE

WASHITA AGENCY, L. D. April 13, 1862.

BRIG. GEN'L A. PIKE, Com'd'g of Indian Terr'y

Sir: It becomes my duty under official instructions to keep you advised of
the feelings and bearings of the Indians on the Reserve and more
particularly of the wild bands adjacent to it who profess friendship for
us. The recent friendly relations which have been professed on the part of
the Indians and attempted to be cultivated on our part have produced an
opposite result upon the Comanche Reserve Indians from that which was
anticipated, boys who have been partly reared upon the Reserve and who
hitherto have conducted themselves with the greatest propriety are now
unruly and are subject to the most unbridled passions and unheard of
improprieties, they have destroyed pretty much all the poultry belonging
to Dr. Shirley, have shot arrows into his milk cows, killed several of the
beeves belonging to the contractor. They are in the habit of shooting
beeves full of arrows in the beef pen before they are issued, killing some
of them and rendering others unable to be driven to the different Indian
encampments, this practice was repeated on yesterday in the presence of
the chiefs, when one of the interpreters, Mr. H. P. Jones, admonished
Buffalo Hump to check such outrages and reprove the boys for such
improprieties, but was fiercely turned upon by the old Indian and abused
in the most unmeasured terms, the boys then rode to the Agency, approached
the horse lot and one of them was just in the act of shooting a horse, I
succeeded in preventing him from doing so myself.

Those wild fellows come in, hold war dances and scalp dances, speak of
their agility in stealing horses and of their prowress in taking scalps of
white men and Mexicans, and of the rapture with which they are received
and amorous embraces of the young damsels on their return until the young
men heretofore inclined to lead an idle but civil life on the Reserve are
driven mad with excitement, some of them have left, others are going today
with the wild Indians for the ostensible purpose I am told of depredating
upon Mexico, but really, in my opinion upon Texas, many depredations have
recently been committed upon that frontier, and lately an Anahdahko
Indian and a negro belonging to that band crossed Red River, stole five
horses, killed three of them and returned home on the other two, they
alledge that it would not have taken place, but for the want of the
restraining influence of the Chief who was absent at Fort Davis for
presents (this is a mere subterfuge of course).

The wild Indians are principally located within two days ride of this
place and I suppose could muster two thousand warriors, when they come
here they are rather impudent and insolent in their demands and upon one
occasion threatened to force the doors of the Commissary and help
themselves. A few days since three of their young men forcibly opened one
of the doors of Dr. Shirley's house and attempted to enter his wife's bed
chamber. They were met by the doctor at the door who, after a scuffle and
slight altercation with one of them caused them to desist.

Many horses have recently been stolen from the Reserve Indians, some of
which are known to have been taken by the bands professing friendship, who
promised to restore them.

I am clearly of the opinion that this Reserve cannot be sustained without
a strong military force, and that it would be much better to require those
wild fellows either to settle on the Reserve or quit the country, at
present they appear to make it a place of convenience, to rest, feed and
recruit themselves, on their return from a stealing expedition, and to
procure provisions and a suitable outfit, the better to enable them to
prosecute their fiendish designs. Therefore permit me respectfully to
solicit you to furnish at the shortest practicable period a strong mounted
force, say one Regiment at least to be situated here to act in concert
with the Civil Authorities in holding those Indians in check, preventing
the forays in Texas and in regulating the affairs of the Reserve. I would
also with due deference suggest the name of Col. Alexander of Sherman, as
a gentleman eminently qualified for the service. Texas troops would be
more available here at present than any others, for the Indians have an
instinctive dread of them.

In the event that it should become absolutely necessary in the absence of
suitable protection to abandon the Reserve, a suggestion from you in
reference to the proper course to be taken would be acceptable, my notion
is to fall back upon Red River or into Texas with all the Indians who are
true to the South and if overtaken by the way, defend to the last
extremity.

All my official correspondence I report to the Department but before I
could get an expression of opinion from that source, it would probably be
too late to avail anything. I shall feel obliged for a reply by the
messenger. Very respectfully, Your obedient servant.

    [M. LEEPER]


JONES[594] TO PIKE

I have the honor to inform you that the reserve Comanche indians enlisted
in the service of the Confederate States by your authority of the 30th
August 1861 were on the 9th April last disbanded with the consent and
knowledge of Col. M. Leeper indian agent The reason for so doing was that
latterly they would not remain at their encampment and their horses were
never at hand when wanted.


JONES[595] TO PIKE

The indians placed in my charge by your order for the protection of this
agency finally proved uncontrollable and utterly useless, and were
therefore with the knowledge and consent of the Agent discharged on the
13th of April last....

[On the 11th of August, 1862, Agent S. G. Colley transmitted to Dole from
Fort Larned two documents,[596] one of which he thought reflected upon the
loyalty or honesty of Capt. Whittenhall, formerly commanding at Fort
Larned.]

(A) I have this day received of Lone Wolf a chief Kiowas a paper from
Albert Pike of the so-called S. C. which I will give to him again and
another to the said Albert Pike after the Indian agent shall distribute
the goods to the Indians.

    D. S. WHITTENHALL, Capt. Com'd'g Post.

  July 22, 1862
    [Endorsement] A true copy.
      J. H. LEAVENWORTH, Col. 2nd Reg't C.V.

(B)

WICHITA AGENCY L. D., May 31st, 1862.

The bearer E-sa-sem-mus Kiowa Chief has visited and promised on the part
of their tribe to be friendly with the people of Texas and ourselves it
is hoped that so long as they carry out that promise they will be treated
kindly.

    M. LEEPER, Ind. Agt. C. S. A.
      per C. A. ZICHEL

  [Endorsement] A true copy.
    J. H. LEAVENWORTH Col. 2nd Reg't C.V.


LEEPER TO PIKE

WASHITA AGENCY, L. D., June 26, 1862.

BRIG. GEN'L. A. PIKE, Com'd'y Ind. Terr'y and Act'g Superintendent.

Sir: Being desirous of keeping you advised of all my official operations,
enclosed herewith you will please find a copy of requests made by Capts.
Hart & James. I found those officers courteous and prompt, and manifesting
an unreserved degree of willingness to aid me in carrying out the designs
of the Confederate States of America in sustaining the Reserve and giving
satisfaction to the Indians located thereon.

I learn that an annual festival or dance of the Kioways and the wild
Comanche bands is expected to be held about this time, which may detain
them beyond the 4th of July, and with a view to have reliable information
in reference to the matter and ascertain the precise time they may be
expected here, three or four days since I dispatched To-sha-hua and
Pinahontsama to visit their encampments for the purpose; they will return
in about six days. Upon the arrival of the Kioway Chiefs here, I shall
have your excellent address carefully interpreted to them and get them to
sign the Treaty. If it should be your pleasure they should do so, I
apprehend that I can take all the Comanche Chiefs and the Kioway Chiefs to
your Head Quarters, which I will cheerfully do, in that event however they
would naturally expect in addition to their daily supply of food a few
presents in the way of clothing and tobacco.

The present fiscal year is now within a few days of being closed, the
employees on the Reserve and the trader from whom small presents have been
purchased for the Indians are unpaid, no funds have been furnished for the
purpose except fifteen hundred dollars which was handed me by the late
Superintendent and was in part used in liquidation of my own Salary and
the remainder, say six or seven hundred dollars, in the payment of
employees, for the want of funds I have been unable to close my account,
they will all be ready, however, on the first of July, and if you should
be in possession of funds for the purpose, after the anticipated meeting
of the Indians here, if it should meet your approbation, I will take the
accounts to your Head Quarters and submit them to your inspection in order
that they may be closed, provided it is inconvenient for you to transmit
the money to me.

I desire to call your attention particularly to the fact that the present
Contract for supplying the Indians with rations on the Reserve will
terminate I am told (I have never been favored with a copy) on the 16th of
August next, and it therefore would seem proper that a new contract should
be let in time for the Contractor to have his supplies in readiness for
delivery at that time, and it is but justice to Mr. Chas. B. Johnson, the
present Contractor to say that he has complied with his Contract to the
entire satisfaction of all concerned, kept ample supplies at all times on
hand, and disposed to be pleasant and obliging not only to the Indians,
but to all other persons with whom he has had business to transact.

When the Kioways arrive I apprehend they will have many horses and mules
in their possession which will be identified by the Texas people here as
the property of people living in Texas; the friendly relations and recent
social intercourse of these Indians with those of the wild bands has been
the cause of introducing here several horses and mules of that description
already. My original instructions under the United States Government was
to take possession of all such property and have them delivered to their
proper owners, but if a course of that kind was now pursued it would at
once defeat the Treaty with the wild bands and cause them to recommence
their depredations with increased violence and renewed vigor. The 10th
Article of the recent Treaty reads thus:

    It is distinctly understood by the said four bands of the Ne-um, the
    State of Texas is one of the Confederate States, and joins in this
    Convention, and signs it when the Commissioner signs it, and is bound
    by it; and that all hostilities and enmities between it and them are
    now ended, and are to be forgotten and forgiven forever on both sides.

Also the 19th Article commencing at the 15th line reads thus:

    And the same things in all respects are also hereby offered to the
    Kioways and agreed to be given them, if they will settle in said
    Country, atone for the murders and robberies they have lately
    committed and show a resolution to lead an honest life; to which end
    the Confederate States send the Kioways with this talk, the wampum of
    peace and the bullet of war, for them to take their choice, now and
    for all time to come.

But the Treaty is silent in reference to the manner in which the owners of
property lost in that manner are to be remunerated.

In a consultation which I held with Capts Hart and James we determined to
take proof in reference to the ownership of the property, place a fair
valuation upon it and submit it to the Confederate Government for their
approbation, approval, and allowance, provided, however, that it should
meet your approbation in the first place.

A short time since a delegation from all the tribes here except the
Tonkahwas and Comanches visited the Kioways to obtain from them their
horses which were stolen by the Kioways, one of the Waco Chiefs has
returned and says they delivered to him ten of the stolen horses, were
disposed to be friendly and said all of them should be given up, but after
he left a Wichita stole from the Kioways twenty-one horses and a Caddo
four and have brought them to the Reserve. I held a consultation with the
Chiefs in reference to the matter in which it was determined that the
horses should be taken from those who stole them and returned to the
Kioways immediately after the return of the Wichita Chief La-sa-di-wah,
who will report the facts as they are.

In all my official relations I have avoided, as far as possible, incurring
useless or unnecessary expenses, and now the troubled condition of the
country would seem to render it doubly necessary, allow me therefore to
suggest that the office of Commissiary is a sinecure, a useless
expenditure of public money to the Government and an injury to the public
service, it has never been allowed before at an Agency where an agent
could be present and witness the issues himself, the Interpreters
necessarily have to be present, and heretofore have witnessed the issues,
the Commissary merely being an impartial weigher between the Contractor
and the Indians which can be done just as well by one of the Interpreters
without incurring any additional expense to the Government.

One of the greatest injuries which I have met with during a term of more
than five years service, has been experienced from officious meddlers,
idlers and tale-bearers who are apt to hover round Indian encampments, and
I have never found one more so than the present Commissary. J. J. Sturm
who spends the principal part of his time at the Indian encampments
pretends to know more than anyone else, palpably neglects the instructions
given him and has produced more disquiet on the Reserve than has been
produced from all other causes, he would have been suspended and reported
long since, but I was apprehensive that it might be supposed that I was
actuated from vindictive feelings towards him on account of an injury
which he attempted to inflict upon me. At the close of the present
Contract if you should deem it necessary to continue such an office, I
hope a more suitable man will be appointed.

At the close of the present fiscal year I shall report in detail
everything connected with the Reserve and the Indians thereon, the
expenses thereof and the reasons and necessities for so doing. I am sir,
Very respectfully, Your obt. servant.

    [M. LEEPER]


LEEPER TO PIKE

Copy to Brig. Gen'l Albert Pike, Acting Supt., Comr., Etc., in reference
to making a treaty with the Kioway Indians and the signing of the
amendments of Congress.

WASHITA AGENCY, L. D., July 11, 1862.

BRIG. GEN'L ALBERT PIKE, & Act'g Superintendent, Commissioner, etc.,

Sir: In compliance with your instructions and authority, I have this day
entered into Treaty stipulations with the Kioway Indians and all the wild
Comanche bands with the exception of the Kua-ha-ra-tet-sa-co-no who
inhabit the western portion of the "Staked Plains," and with those I am
negotiating and shall probably conclude a treaty of peace in September or
October next. Those who treated in August last have also signed and
adopted amendments of Congress.

They retired well satisfied with themselves, and with the action of the
Confederate Government, consequently peace and quietness may be expected
to prevail in future upon the frontier of Texas, provided, however, that a
band of fugitives from the various clans who have congregated on the
Pecos, numbering it is said one hundred and fifty or two hundred, governed
by no law and disposed to spread desolation wherever they go, are
destroyed or our troops can receive aid from the bands who have treated in
hunting down and destroying those "fellows". I am sir, Very respectfully,
Your obt. ser't

    [M. LEEPER] Ind. Agency, C. S. A.


NOTICE

As Agent and Acting Commissioner on the part of the Confederate States of
America, I have entered into Solemn Treaty stipulations of perpetual
friendship and peace with the Kioway Indians and wild bands of Comanches
except the Kna-ha-ra-tet-sa-co-no whose habitations are on the Western
extremity of the "Staked Plains" and with those I am negotiating and will
probably conclude a treaty some time in September next.

Therefore perfect peace and quietness may soon be expected to prevail on
the Texas frontier.

In order to convince the Indians of our sincerity and punctuality, it is
necessary to comply strictly with the Treaty, and to do that, the
Government expects me to employ four or five farmers and twenty laborers
which I desire to do; farmers with families would be preferred, to whom
fifty dollars per month and rations will be given, and to laborers
twenty-five dollars per month and rations, negro men would be preferred.

At present there is not the slightest danger there, the agency is one of
the most quiet and peaceful places within the limits of the Confederate
Government.

Apply to the undersigned who will remain a few days in Sherman and
afterward at the Washita Agency.

July 21st 1862.


LEEPER [?] TO PARKS

SHERMAN, TEXAS, July 28th, 1862.

MR. ROBERT W. PARKS,

Sir,--Enclosed you will please find the copy of a letter of instructions
to me from Gen'l Pike the Acting Superintendent of Indian Affairs
(addressed to you) in reference to fifteen thousand dollars appropriated
by the Government to purchase farming utensils, oxen, wagons and stock
animals for Indians located on the Washita Reserve, which fund was handed
to you. The direction of the expenditures of the fund legitimately belongs
to the local Agent who is alone supposed to know the amount and
description of articles necessary to be purchased for the Indians, hence
Gen'l Pike's letter. Before making any of the purchases indicated it would
be well to see me in order to ascertain the amount and description
required, the Indians already have been furnished with a few wagons, oxen
and farming utensils, in fact in reference to farming implements they are
well enough supplied with the exception of weeding hoes and axes; and in
reference to the stock animals to be purchased I would like to have a
distinct understanding with regard to the quality and the price; a
responsible gentleman whom I met here is willing to furnish cows and
calves, the cows not to exceed six years old delivered at the agency at
sixteen dollars; therefore I should be unwilling to receive on the part of
the Government animals of that description at a higher price in the
absence of positive instructions to that effect; the quantity also to be
purchased is an important item.

If you will take the trouble to visit the Agency, I will give you an exact
description of the articles necessary to be purchased and will give you
the preference as a contractor for furnishing the same.

A copy of this letter will be furnished the Acting Superintendent Gen'l
Pike, and the Department. Very respectfully, Your obt sevt.

    [M. LEEPER]


WASH., ARK., Aug. 19, 1862.

COLONEL: I have forwarded you letters to the Commissioner of Indian
Affairs. Having resigned and been deprived of command in the Indian
Country, I am also relieved of duty as Acting Superintendent, for which
crowning mercy, God be thanked.

Mr. Parks returned on receiving your letter and refunded me $15,000 placed
in his hands, except $200, paid for a mowing machine. I have deposited the
residue, with all other Indian moneys, (Coin and paper), in a safe place,
and so advised the Commissioner. As soon as a new Superintendent is
appointed, I hope to get rid of it all.

If you had written me, _before_, what you write now, in regard to
McKusken[?], you would not have had to complain that I frustrated your
efforts. You sent him to me it is true, but with no such charges, and
consequently left me bound to pay him off. I had employed him, and no
showing was made to me that he did not deserve his pay. I hear the charges
_now_ for the first time.

As to the corn at Cobb, I think you are misinformed. When I returned there
last fall I found it difficult to get a small quantity, because the
officer in Command said they needed it all; although the troops were on
the point of leaving. I know it had been so wasted that there was not much
left and what _was_ left, you needed, as you had none. I wonder you did
not send your wagons and get it, as soon as the troops left, if there was
any remaining, and account for it.

I _was_ sorry to hear that you had made unkind remarks in regard to
myself, and though apparently my friend, were secretly my enemy--and I am
truly glad to receive your flat contradiction. I have _never_ had any
unkind feelings towards you, and was glad to believe after meeting you
this Summer, that you had none towards me. For any imputations against
yourself in your official capacity, you are indebted in chief measure to
Major Rector who made them openly, anywhere, and in the presence of many.
What Mr. Sturm said was not said willingly, but drawn from him. He showed
a great disinclination to say anything against you.

Believe me, I would now, as always for years past, rather serve than
injure you. And I sincerely hope our friendly relations may continue. I
expect to settle not far from you and will always gladly aid in
cultivating friendship with the Indians and enabling you to succeed with
them. I am very truly yours

    ALBERT PIKE

Col. M. Leeper C. S. Agent Etc.


DESHLER[597] TO LEEPER

Gen. Holmes in reply to your letter of 17th inst. just received, instructs
me to say, that Gen. Hindman is going to take command of all the troops in
the Indian country, he starts in a day or two. Col. W. P. Lane's Reg't has
been ordered to Fort Arbuckle. The gen. com'd'g thinks these measures will
be sufficient to insure quiet in your region, but instructs me to say that
if he knew of any available force in Texas he would have no objection to
sending 5 or 6 Companies to you, but there are no troops available other
than Col. Lane's Reg't already ordered to Arbuckle.




SELECTED BIBLIOGRAPHY


I. GENERAL ACCOUNT OF DOCUMENTARY SOURCES.

The material for this book has been drawn almost entirely from documentary
sources and, in a very large measure, from unpublished documentary
sources; namely, the manuscript records of the United States Indian
Office. Those records to-day are in a very disorganized state, largely due
to change of system and to the many removals to which they have been
subjected within the last few years. At the time when they were examined
for the purposes of the present work, such of them as were not included in
_Registers_, _Letter Books_, and _Report Books_ were classified as _Land
Files_, _General Files_, _Special Files_, _Emigration Files_,
_Miscellaneous Files_, _Star Files_, and the like, the basis of
classification being, convenience in the current and routine work of the
office. The individual files were arranged according to tribe, agency, or
superintendency and every incoming letter had its own file mark. It had a
letter to designate the transmitter, that letter being the initial of the
transmitter's surname or of the office he represented, and it had a number
to indicate its rank in a series, all the papers of which bore the same
initial letter and had been received in the same given year. Finally, it
was rated as belonging to a particular tribe, agency, or superintendency
and to a particular file.

In the autumn of 1911, an attempt was made to consolidate the old _Land_
and _General Files_ with the result that now they are no longer distinct
from each other; but it has seemed best not to change the reference in the
citations. The year, the letter, and the number are permanent indices and,
with them at hand, there ought to be no difficulty in the locating of a
paper, except for the fact that nearly everything in the United States
Indian Office seems, just now, rather transitory and chaotic. Had the
inaugural ball for 1913 not been dispensed with, the plan was, to use the
records as the base for the band-stand, a decidedly interesting
reflection, one must admit, upon the popular notion of the value of the
national archives.

Among the manuscripts used in the preparation of the present work, were
two collections of papers that came into the United States Indian Office
out of the regular course of its official business. In the citations, one
is noted as _Leeper Papers_, and the other as _Fort Smith Papers_. Their
history, since they came into the Indian Office, proves how urgent is the
need for a Hall of Records. Inasmuch as these papers were not required for
the every-day business of the office, they were packed away, years and
years ago, along with a lot of other commercially useless papers, in huge
boxes and stored in the attic of the old Post-office Building. There they
were left to be forgotten. In the course of time, the Office of Indian
Affairs was moved from the old Post-office Building to the Pension
Building; but the packing-boxes in the attic were inadvertently left
behind. One day, however, the writer discovered that papers, found at the
Wichita Agency at the time Agent Leeper was killed, October, 1862, had
really come into the Indian Office; but the question was, where were they?
A search high and low was totally without success until it developed that
the packing-boxes in the attic were supposed to contain "useless" papers
and were still in the old Post-office Building. Permission was obtained to
have them examined and, for this purpose, they were transferred to the
Pension Building. Among their contents was found a number of interesting
and valuable documents which very likely would soon have been lost
forever, destroyed by the General Land Office because abandoned by the
Indian. The contents included, besides the _Leeper Papers_ for which the
search had been especially conducted, letter-books of Michigan territorial
governors, file-boxes of all sorts, and a mass of Confederate stuff,
brought from Fort Smith. The last-named proved a veritable mine of wealth.
It comprised the occasional correspondence of Cooper, Cowart, Crawford,
Drew, Dean, Rector, Pike, and many others whose official life had brought
them into contact with the Indians. It was all very suggestive and
remunerative.

To supplement the manuscripts an exhaustive search of the _Official
Records of the War of the Rebellion_ has been made and with good results.
It is a pity that the material in the _Official Records_ is so badly
arranged and so much of it duplicated and often triplicated. Had it been
better edited and better indexed, the danger of over-looking important
documents would have been minimized a hundredfold. The volumes found
particularly useful for Indian participation in the Civil War were the
following:

    First Series, vols. i; iii; iv; viii; ix; xiii; xxii, parts 1 and 2;
    xxvi, parts 1 and 2; xxxiv, parts 1, 2, and 3; xli, parts 1, 2, 3, and
    4; xlviii, parts 1 and 2; liii, supplement.

    Third Series, vols. i; ii; iii.

    Fourth Series, vols. i; ii; iii.


II. ALPHABETICAL LIST OF SOURCES

AMERICAN ANNUAL CYCLOPEDIA, 1861-1865, inclusive (New York).

ARKANSAS. Journal of the House of Representatives for the Thirteenth
Session of the General Assembly, November 5, 1860-January 21, 1861 (Little
Rock, 1861).

---- Journal of the Convention, 1861.

---- Messages of the Governors.

BUCHANAN, JAMES. Works, collected and edited by John Basset Moore
(Philadelphia, 1908-1911), 12 vols.

CAIRNES, J. E. Slave Power: its character, career, and probable designs
(New York, 1863), pamphlet.

CONFEDERATE STATES OF AMERICA. Journal of the Congress, 1861-1865. (United
States Senate _Executive Documents_, 58th congress, second session, no.
234).

---- Provisional and permanent constitutions; and acts and resolutions of
the first session of the Provisional Congress (Richmond, 1861).

---- Special orders of the adjutant and inspector general's office, 1862
(Richmond, 1862).

CONNELLEY, WILLIAM E., editor. Provisional government of Nebraska
Territory and the Journals of William Walker [Lincoln, Nebraska, 1899].

DEAN, CHARLES W. Letter Book, May 26, 1855 to December 31, 1856
(Manuscript in United States Indian Office).

DREW, THOMAS S. Letter Book, June 1, 1853 to June 1, 1854 (Manuscript in
United States Indian Office).

FORT SMITH PAPERS. A miscellaneous collection of manuscript materials,
transmitted from Fort Smith, Arkansas, at the close of the Civil War.
Among them is the fragment of one of Elias Rector's _Letter Books_.

---- Minutes of the private meetings of the commissioners, 1865 (Land
Files, Indian Talks, Councils, etc., Box 4).

HAGOOD, JOHNSON. Memoirs of the War of Secession from the original
manuscripts of Johnson Hagood (Columbia, S. C., 1912).

KAPPLER, CHARLES J., compiler and editor. Indian affairs: Laws and
Treaties (United States Senate Documents, 58th congress, Second session,
no. 319), 2 vols.

LEEPER PAPERS. Manuscripts, chiefly letters written or received by Matthew
Leeper, successively United States and Confederate States Indian Agent,
brought from the Wichita Agency after the massacre of October, 1862.

LINCOLN, ABRAHAM. Writings, edited by A. B. Lapsley (New York, 1905-1906),
8 vols.

---- Complete Works, edited by John G. Nicolay and John Hay (New York,
1894), 2 vols.

MCPHERSON, EDWARD. Political history of the United States of America
during the Great Rebellion (Washington, 1864).

MASON, EMILY V. Southern poems of the war (Baltimore, 1867).

MATTHEWS, JAMES M., editor. Statutes at Large of the Confederate States of
America from February 8, 1861 to February 18, 1862, together with the
constitution of the provisional government and the permanent constitution
of the Confederate States, and the treaties concluded by the Confederate
States with the Indian tribes (Richmond, 1864).

---- Statutes at Large of the first congress of the Confederate States of
America (Richmond, 1862), pamphlet.

---- Statutes at Large of the Confederate States of America, commencing
the first session of the first congress and including the first session of
the second congress (Richmond, 1864).

MISSOURI. Adjutant-general's report of the Missouri State Militia for 1861
(St. Louis, 1862).

MOORE, FRANK, editor. Diary, or Rebellion record (New York, 1868), 11
vols. and a supplementary volume for 1861-1864.

NEWSPAPERS. Arkansas Baptist (Little Rock).

    Arkansas Gazette (Little Rock).
    Arkansas Intelligencer (Van Buren).
    Arkansas True Democrat (Little Rock).
    Chronicle, The (Little Rock).
    Daily National Democrat (Little Rock).
    Daily State Journal (Little Rock).
    National Democrat (Little Rock).
    State Rights Democrat, The (Little Rock).
    Unconditional Union (Little Rock).
    Weekly Arkansas Gazette (Little Rock).

PHISTERER, FREDERICK. Statistical record of the armies of the United
States (New York, 1890).

    Supplementary volume to the Campaigns of the Civil War Series.

PIKE, ALBERT. Poems, edited by his daughter, Mrs. Lillian Pike Roome
(Little Rock, 1900).

RAINES, C. W., editor. Six decades in Texas, or the memoirs of F. R.
Lubbock (Austin, 1890).

RECTOR, ELIAS. Letter Book.

    A Fragment. Ms. in United States Indian Office among the Fort Smith
    Papers. Many of the letters have been almost obliterated by exposure.

RICHARDSON, JAMES D., editor. Compilation of the messages and papers of
the Confederacy, including the diplomatic correspondence (Nashville,
1905), 2 vols.

---- Compilation of the messages and papers of the presidents, 1789-1897
(Washington, 1896-1899), 10 vols.

SEWARD, WILLIAM H. Works, edited by G. E. Baker (New York, 1853-1884), 5
vols.

SMITH, WILLIAM R. History and debates of the convention of the people of
Alabama, January 7, 1861 (Montgomery, 1861).

TEXAS. Ordinances and resolutions of the convention held in the city of
Austin, January 28, 1861, to February 24, 1861 (Austin, 1861).

UNITED STATES OF AMERICA. Attorney-general, opinions, 1791-1908
(Washington, 1852-).

---- Report of Covode committee, 1860 (House _Reports_, 36th congress,
first session, no. 648).

---- Report of select committee to investigate abstraction of bonds held
in trust by the United States government for the Indian tribes (House
_Reports_, 36th congress, second session, no. 78).

---- Department of the Interior, Reports of the Secretary, 1861-1865,
inclusive.

---- Office of Indian Affairs, Land Files, General Files, Miscellaneous
Files, and Special Files.

---- Office of Indian Affairs, Letter Books [letters sent]:

    No. 50, August 28, 1854 to February 20, 1855.
     "  51, February 21, 1855 to June 12, 1855.
     "  52, June 13, 1855 to October 27, 1855.
     "  53, October 29, 1855 to March 19, 1856.
     "  54, March 20, 1856 to July 30, 1856.
     "  55, July 31, 1856 to December 31, 1856.
     "  56, January 2, 1857 to May 25, 1857.
     "  57, May 26, 1857 to October 31, 1857.
     "  58, November 2, 1857 to April 30, 1858.
     "  59, May 1, 1858 to October 23, 1858.
     "  60, October 25, 1858 to April 29, 1859.
     "  61, April 30, 1859 to August 23, 1859.
     "  62, August 24, 1859 to February 9, 1860.
     "  63, February 10, 1860 to June 26, 1860.
     "  64, June 27, 1860 to December 7, 1860.
     "  65, December 8, 1860 to June 1, 1861.
     "  66, June 3, 1861 to October 23, 1861.
     "  67, October 24, 1861 to March 25, 1862.
     "  68, March 26, 1862 to August 7, 1862.
     "  69, August 8, 1862 to January 20, 1863.
     "  70, January 20, 1863 to June 5, 1863.
     "  71, June 5, 1863 to October 14, 1863.
     "  72, October 15, 1863 to January 8, 1864.
     "  73, January 9, 1864 to April 23, 1864.
     "  74, April 25, 1864 to July 28, 1864.
     "  75, July 28, 1864 to December 7, 1864.
     "  76, December 8, 1864 to April 4, 1865.
     "  77, April 4, 1865 to August 3, 1865.
     "  78, August 3, 1865 to December 8, 1865.

UNITED STATES OF AMERICA. Office of Indian Affairs, Registers (letters
received):

    No. 44, January 4, 1855 to July 31, 1855.
     "  45, August 1, 1855 to December 31, 1855.
     "  46, January 1, 1856 to June 30, 1856.
     "  47, July 1, 1856 to December 31, 1856.
     "  48, January 1, 1857 to June 30, 1857.
     "  49, July 1, 1857 to December 31, 1857.
     "  50, January 1, 1858 to June 25, 1858.
     "  51, June 25, 1858 to December 29, 1858.
     "  52, December 30, 1858 to June 27, 1859.
     "  53, June 28, 1859 to December 31, 1859.
     "  54, January 1, 1860 to June 1, 1860.
     "  55, June 1, 1860 to December 31, 1860.
     "  56, January 1, 1861 to June 30, 1861.
     "  57, July 1, 1861 to December 31, 1861.
     "  58, January 1, 1862 to July 1, 1862.
     "  59, July 1, 1862 to December 31, 1862.
     "  60, January 1, 1863 to June 30, 1863.
     "  61, July 1, 1863 to January 2, 1864.
     "  62, January 2, 1864 to May 30, 1864.
     "  63, June 1, 1864 to December 31, 1864.
     "  64, January 1, 1865 to June 30, 1865.
     "  65, July 1, 1865 to December 29, 1865.

UNITED STATES OF AMERICA. Office of Indian Affairs, Report Books:

    No.  8, May 1, 1854 to August 9, 1855.
     "   9, August 10, 1855 to December 31, 1856.
     "  10, January 1, 1857 to March 31, 1858.
     "  11, April 1, 1858 to September 2, 1860.
     "  12, September 3, 1860 to December 9, 1862.
     "  13, December 12, 1862 to August 19, 1864.
     "  14, August 20, 1864 to December 12, 1865.

---- Department of War, Reports of the Secretary, 1861-1865, inclusive.

---- Statutes at Large (Boston, 1850-).

WAR OF THE REBELLION. Compilation of the official records of the Union and
Confederate armies (Washington), 129 serial volumes and an index volume.

WELLES, GIDEON. Diary (Boston, 1911), 3 vols.


III. ALPHABETICAL LIST OF AUTHORITIES

ABBOTT, LUTHER J. History and Civics of Oklahoma (Boston, 1910).

ABEL, ANNIE HELOISE. Indians in the Civil War (_American Historical
Review_, vol. xv, 281-296).

---- Indian reservations in Kansas and the extinguishment of their titles
(Kansas Historical Society, _Collections_, vol. viii, 72-109).

---- History of events resulting in Indian consolidation west of the
Mississippi River (American Historical Association, _Report_, 1906).

---- Proposals for an Indian State in the Union, 1778-1878 (American
Historical Association, _Report_, 1907, vol. i, 89-102).

ADAMS, RICHARD C. Brief history of the Delaware Indians (Senate
_Documents_, 59th congress, first session, no. 501).

ALEXANDER, GROSS. History of the Methodist Church South (New York, 1894).

BANCROFT, FREDERIC. Life of William H. Seward (New York, 1900), 2 vols.

BAPTIST HOME MISSIONS in North America, 1832-1882.

    Published by the American Baptist Home Missionary Society, New York,
    1883.

BISHOP, ALBERT WEBB. Loyalty on the frontier, or sketches of union men of
the southwest (St. Louis, 1863).

BOUDINOT, ELIAS C. Speech delivered before the House Committee on
Territories, February 7, 1872 (Washington, 1872), pamphlet.

---- Oklahoma, an argument before the House Committee on Territories,
January 29, 1878 (Alexandria, 1878), pamphlet.

BREWERTON, G. DOUGLAS. War in Kansas (New York, 1856).

BRIGHAM, JOHNSON. James Harlan (Iowa City, Ia., 1913).

BRITTON, WILEY. Memoirs of the rebellion on the border, 1863 (Chicago,
1882).

---- Civil War on the border, 1861-1862 (New York, 1891).

BROUGH, CHARLES HILLMAN. Historic battlefields (Arkansas Historical
Society, _Publications_, vol. i, 278-285).

BROWN, GEORGE W. Reminiscences of Governor R. J. Walker, with the true
story of the rescue of Kansas from slavery (Rockford, Ill., 1902).

BRUCE, HENRY. Life of General Houston (New York, 1891).

CALLAHAN, JAMES MORTON. Diplomatic history of the southern confederacy
(Baltimore, 1901).

CHEROKEE INDIANS. Memorial of the delegates of the Cherokee Nation to the
president and congress of the United States (Washington _Chronicle Print_,
1886).

CHESHIRE, JOSEPH BLUNT. Church in the Confederate States (New York, 1912).

CONNELLEY, WILLIAM ELSEY. James Henry Lane (Topeka, 1899).

---- Quantrill and the border wars (Cedar Rapids, 1910).

CORDLEY, RICHARD. History of Lawrence (Lawrence, 1895).

DAVIS, JEFFERSON. Rise and fall of the Confederate government (New York,
1881), 2 vols.

DELAWARE INDIANS. Report on the military service (United States Senate
_Documents_, 61st congress, first session, no. 134).

DRAPER, J. W. History of the American Civil War (New York, 1867-1870), 3
vols.

EVANS, GENERAL CLEMENT A., editor. Confederate military history (Atlanta,
1899), 10 vols.

FITE, EMERSON DAVID. Presidential campaign of 1860 (New York, 1911).

FLEMING, WALTER L. Civil War and Reconstruction in Alabama (New York,
1905).

FOULKE, WILLIAM DUDLEY. Life of Oliver P. Morton (Indianapolis, 1899), 8
vols.

GARRISON, W. P. and F. J. GARRISON. William Lloyd Garrison, 1805-1879
(Boston, 1894), 4 vols.

GIHON, JOHN H. Geary and Kansas (Philadelphia, 1866).

GOODLANDER, C. W. Memoirs and recollections of the early days of Fort
Scott (Fort Scott, Kans., 1899).

GREELEY, HORACE. American Conflict (Hartford, 1864-1867), 2 vols.

HALLUM, JOHN. Biographical and pictorial history of Arkansas (Albany,
1887).

HILL, LUTHER B. History of the state of Oklahoma (Chicago, 1908), 8 vols.

HODDER, FRANK HEYWOOD. The Genesis of the Kansas-Nebraska Act (Wisconsin
State Historical Society, _Proceedings for 1912_, pp. 69-86), (Madison,
1913), pamphlet.

HOLLOWAY, JOHN N. History of Kansas to 1861 (Lafayette, Ind., 1868).

HOLST, HERMANN VON. Constitutional and political history of the United
States (Chicago, 1876-1892), 7 vols.

JOHNSON, ALLEN. Stephen A. Douglas (New York, 1908).

JOHNSON, THOMAS CARY. History of the Southern Presbyterian Church (New
York, 1894). American Church History Series, vol. xi.

KAUFMAN, WILHELM. Sigel und Halleck (_Deutsch-Am. Geschichtsblätter_, Band
x, 210-216).

MARTIN, GEORGE W. First two years of Kansas (Topeka, 1907), pamphlet.

MEIGS, W. M. Life of Thomas Hart Benton (Philadelphia, 1904).

NORTH, THOMAS. Five years in Texas, 1861-1865 (Cincinnati, 1871).

PARKER, THOMAS VALENTINE. Cherokee Indians (New York, 1907).

PAXTON, WILLIAM M. Annals of Platte County, Missouri (Kansas City, Mo.,
1897).

PHILLIPS, ULRICH. Georgia and state rights (Washington, 1902).

---- The life of Robert Toombs (New York, 1913).

RAMSDELL, CHARLES WM. Reconstruction in Texas (Columbia University
_Studies in History, Economics, and Public Law_, vol. xxxvi, no. 1).

RAY, P. ORMAN. Repeal of the Missouri Compromise, its origin and
authorship (Cleveland, 1909).

REYNOLDS, JOHN H. Makers of Arkansas (Story of the States series), (New
York, 1905).

RHODES, JAMES FORD. History of the United States from the Compromise of
1850 (New York, 1893-1906), 7 vols.

ROBINSON, CHARLES. Kansas Conflict (Lawrence, 1898).

ROBLEY, T. F. History of Bourbon County, Kansas, to the close of 1865
(Fort Scott, 1894).

ROSS, D. H. and others. Reply of the delegates of the Cherokee Nation to
the demands of the commissioner of Indian affairs, May, 1866 (Washington,
1866), pamphlet.

    Land Files, Treaties, Box 3, M392.

ROSS, MRS. WM. P. Life and times of William P. Ross (Fort Smith, 1893).

SCHOULER, JAMES. History of the United States under the Constitution (New
York, 1899), 6 vols.

SCHWAB, JOHN CHRISTOPHER. Confederate States of America, 1861-1865 (New
York, 1901).

SHINN, JOSIAH. Pioneers and makers of Arkansas (Little Rock, 1908).

SPECK, FRANK G. Creeks of Taskigi Town. American Anthropological
Association _Publications_, vol. ii, part 2.

SPEER, JOHN. Life of James H. Lane (Garden City, Kans., 1897).

SPRING, LEVERETT W. Kansas: the prelude to the War for the Union (American
Commonwealth series), (Boston, 1885).

STEPHENS, ALEXANDER H. Constitutional view of the late War between the
States (Philadelphia, 1870), 2 vols.

STOVALL, PLEASANT A. Robert Toombs (New York, 1892).

TENNEY, W. J. Military and naval history of the rebellion in the United
States (New York, 1866).

THOMPSON, ROBERT ELLIS. History of the Presbyterian Churches in the United
States (American Church History series, vol. vi), (New York, 1893).

VAN DEVENTER, HORACE. Albert Pike, 1809-1891 (Knoxville, 1910).

VILLARD, OSWALD GARRISON. John Brown, 1800-1859; biography fifty years
after (Boston, 1910).

WALKER, WILLISTON. History of the Congregational Churches in the United
States (American Church History series, vol. iii), (New York, 1894).

WILDER, D. W. Annals of Kansas (Topeka, 1875, 1885).

WILSON, HENRY. Rise and fall of the slave power in America (Boston,
1872-1877), 3 vols.

WOOTEN, DUDLEY G. Comprehensive history of Texas (Dallas, 1898), 2 vols.




INDEX


  Abbott, J. B: 245, _footnote_

  Abel, Annie Heloise: work cited, 71, _footnote_, 191, _footnote_

  Abolitionists: Indians' slaves enticed away, 23;
    charges against Calhoun, 30;
    Quantrill in league with, 49;
    desire Indian lands, 76, 118;
    among Cherokees, 132;
    Cherokees repudiate idea that they are, 225;
    charges against, 291-294

  Adair, W. P: 219, _footnote_

  Address: of John Ross at Cherokee mass-meeting, 220

  Agency system: under Confederacy, 179

  Alabama: Creeks, Choctaws, and Chickasaws from, 20, 193, _footnote;_
    Choctaws in, 20, _footnote;_
    David Hubbard, commissioner from, 108

  Alliance: Indians given political position in return for, 17;
    reasons for southern Indians entering into, with Confederacy, 18;
    Confederate State Department to effect, 140, _footnote_;
    failure of Pike to effect, with Cherokees, 156;
    Choctaw General Council authorizes negotiation of treaty of, 156;
    Confederacy paid dearly for its Indian, 177;
    nature of Seminole, with Confederacy, 197;
    principles of active, inserted by Pike into treaties, 212;
    McCulloch to accept Drew's regiment of Home Guards as soon as treaty
        of, be consummated, 227;
    conditions of, between the Indians and Confederacy, 280;
    result of Battle of Pea Ridge on Indian, 284

  Allies: Indian, 17;
    hope of finding in Cherokees, 125

  Allotment in severalty: suggested to Creeks, Choctaws, and Chickasaws, 58

  American Baptist Missionary Union: 38

  American Board of Commissioners for Foreign Missions: work among
        Cherokees and Choctaws, 39;
    records of, 40, _footnote_;
    missionaries among Choctaws remove themselves from patronage, 41, 42,
        43, _footnote_

  American Civil War: [See Civil War]

  American Historical Association: _Report_, 20, _footnote_

  American Revolution: effect upon Cherokee emigration to Texas, 20,
        _footnote_;
    work of Committees of Correspondence in connection with, 83

  Amnesty: provided for, 176

  Annuities: negro and Indian half-breeds share Indian, 23, _footnote_;
    Choctaw, distinct from Chickasaw, 34, _footnote_;
    Indian, declared forfeited by Lincoln government, 145;
    John Ross considers Indian, safe, 147;
    payment of Indian, assumed by Confederacy, 163;
    Indian, diverted from regular channels, 170;
    to use, of hostile Indians, 274;
    Crawford makes requisition for Cherokee, 307

  Antelope Hills: 55, 136, _footnote_

  Apucks-hu-nubbe: district of, 34, _footnote_

  Arbuckle, General: 193, _footnote_

  Arkansas: Choctaws and Cherokees tarry in, 19, _footnote_;
    Indian Territory annexed to, for judicial purposes, 23, _footnote_;
    and Indian patronage, 59;
    and Indian participation in Civil War, 63;
    interest in Indian Territory, 67;
    Knights of Golden Circle active in, 68;
    interest in Indian alliance, 83;
    affairs reach crisis, 97;
    Hubbard, commissioner to, 108;
    sends commission to Indian country, 119;
    sends Albert Pike as delegate, 132-133

  _Arkansas Baptist_: 47, _footnote_

  Arkansas Convention: _Journal_, 119, _footnotes_, 120, _footnotes_

  Arkansas Historical Association: _Publications_, 106, _footnote_

  Arkansas Legislature: _House Journal_, 103, _footnote_, 110, _footnote_,
        111, _footnote_

  Arkansas River: 67, 76, 97, 135, _footnote_, 162, 175

  Arms: description of, needed for Indians, 190, _footnote_;
    Choctaw-Chickasaw regiment not furnished with, 211;
    scarcity of, 211, _footnote_;
    Cherokees in, at Tahlequah mass-meeting, 217;
    Ross able to bear, 137, _footnote_;
    Creeks under, threaten hostilities, 138, _footnote_;
    fear, for Indians will be taken by secessionists, 228, _footnote_;
    Confederate difficulty in securing, 253 and _footnote_

  Armstrong Academy: 40, _footnote_

  Armstrong, William: 193, _footnote_

  Asbury Mission: Indian amity compact concluded at, 69, _footnote_

  Assinneboin: suggested Territory of, 32, _footnote_

  Atchison, David R: letter to, mentioned, 33, _footnote_

  _Austin State Gazette_: 80, _footnote_

  Averell, William W: 101, _footnote_


  Baker, George E: work cited, 58, _footnote_

  Balentine, H: 79

  Ball-playing: connected with secret organization of "Pins," 86,
        _footnote_

  Bancroft, Frederic: work cited, 58, _footnote_

  Barnes, James K: 260, _footnote_

  Barnesville: 245, 246

  Beams's Negroes: 23, _footnote_

  Beaver Creek: 55

  Beening, S. T: 102, _footnote_

  Benjamin, Judah P: 140, _footnote_, 200, _footnote_, 215, _footnote_,
        252, _footnote_

  Benton, Thomas H: plan for a national highway, 28;
    request, 33, _footnote_

  Big Chief: merit chief of Great Osages, 238

  Billy Bowlegs: leaves Florida, 20 _footnote_;
    communications from, 198, _footnote_;
    refuses to sign treaty with Confederate States, 198-199;
    death of, 198, _footnote_;
    regarded as good commander, 277, _footnote_

  Bird Creek: battle of, 138, _footnote_, 255-256

  Bishop, A. W: work cited, 67, _footnote_, 68, _footnote_, 133,
        _footnote_

  Black Beaver: 101 and _footnote_, 303

  Black Dog: see _Shon-tah-sob-ba_

  Blackhoof, Eli: 209, _footnote_

  Blain, S. A: 56, _footnote_, 57, _footnote_

  Blankets: furnished Indian refugees, 261;
    to be furnished Indian soldiers in U. S. A., 271, _footnote_;
    Indians need, 310;
    Leeper offers to give Kiowas, 318;
    Rector urges Leeper not to promise, Kiowas, 332;
    Kiowas receive from U. S. government, 343

  Bloomfield Academy: 40, _footnote_

  Bob Deer: 244

  Boggy Depot: 91, 230, _footnote_

  Bonds: 61, 145-146

  Boone, A. G: 210, _footnote_

  Boonsboro [Boonsborough]: 111 and _footnote_, 125

  Boudinot, E. C: 119, 153, 156, _footnote_, 219, _footnote_

  Bourland, James: appointed commissioner, 88;
    report, 91

  Branch, Harrison B: 182-183, 210, _footnote_, 228, 232-233, 249, 271,
        279, _footnote_

  Brazos Agency: 55

  Bribery: William McIntosh guilty of, 236;
    of chiefs to induce secession, 262, _footnote_

  Brigade: jayhawking character of Lane's, 233;
    Lane's gives John Mathews his deserts, 239;
    Hunter asks permission to muster, of friendly Indians, 250;
    Kile, quartermaster in 274;
    proportion of white troops in Pike's, 280

  Brooks, Preston: 45, _footnote_

  Brown, James: 217

  Buchanan, James: administration charged by free-state Kansans with bad
        faith, 37;
    endorses pro-slavery policy, 45, _footnote_;
    distrusted, 47;
    "no coercion" policy, 87, _footnote_;
    patronage, given to southern men, 262, _footnote_;
    work cited, 22, _footnote_, 29, _footnote_

  Buckner, H. S: 92

  Buffalo Hump: 305, 315, 330, 338, 348

  Bureau of Indian Affairs (Confederate): 128, 141, _footnote_, 190,
        _footnote_

  Burgevin, Edmund: 105, _footnote_

  Burleigh, Walter A: 227, _footnote_

  Burlington: 259, 260, _footnote_

  Burroughs, B: 120

  Burrow, N. B: 99, 298, 305, 330, 341

  Bushwhackers: drive Caddoes out of Texas, 19, _footnote_

  Butler, George: agent for Cherokees, 45, 47, _footnote_, 285, 290

  Byington, Cyrus: 79


  Cache Creek: 55

  Caddoes: from Louisiana, 19, _footnote_;
    Pike to meet, 189, _footnote_;
    horses stolen by, 353

  Calhoun, J. M: 90, _footnote_

  Calhoun, John C: report, 27;
    motive, 29;
    political heresy, 133

  Cameron, Simon: 234, 249, _footnote_

  Campbell, A. B: 260, _footnote_

  Canadian River: 55, 63, 67, 162

  Cane Hill: 296, 327

  Carolinas: Catawbas in, 20, _footnote_

  Carroll, H. K: work cited, 37, _footnote_

  Carruth, E. H: report, 84, _footnote_, 197, _footnote_, 198, _footnote_;
    appointed by Lane, 242;
    interviews Creek delegates, 245;
    tries to arrange for inter-tribal council, 246;
    letter, 267

  Cass, Lewis: 193, _footnote_

  Catawbas: admitted to Choctaw citizenship, 20, _footnote_;
    in possession of northeastern part of Choctaw country, 20, _footnote_;
    in South Carolina fight with South, 20, _footnote_

  "Catron letter": 29, _footnote_

  Chah-la-kee: suggested territory of, 31, _footnote_

  Chah-lah-ki: district of, 178

  Chah-ta: suggested territory of, 31, _footnote_

  Chahta Tamaha: 189, _footnote_

  Chatterton, Charles W: 259, _footnote_

  Checote, Samuel: 193, 194

  Cherokee Declaration of Independence written by Pike, 137, _footnote_

  Cherokee Executive Council, 136, _footnote_;
    John Ross promises to call meeting of, 153;
    meeting of, 216, 217;
    communicates with McCulloch, 226

  Cherokee Neutral Lands: location, 21, _footnote_, 64;
    size, 21, _footnote_;
    intruded upon, 35, 46, 285, 290;
    project for selling, 50, 163;
    McCulloch takes position opposite, 225;
    Lane's proposed camp in, 233;
    Stand Watie ordered to take up a position in, 252, _footnote_;
    Cowart sets out for, 294

  Cherokee Outlet: 54, _footnote_, 63, _footnote_, 64

  Cherokee Proclamation of Neutrality: 153-154

  Cherokee Strip: location, 21, 64;
    coveted by Kansans, 21

  Cherokee Treaty: 157 and _footnote_;
    declares allegiance to C. S. A., 159, _footnote_;
    contains guarantee of autonomy, 159, _footnote_;
    contains promise of representation in Congress 159, _footnote_;
    navigable waters, 174;
    admission to military academy, 180;
    appointment of postmasters, 180;
    considered by Provisional Congress, 206;
    negotiated, 237;
    Ross's characterization of, 257

  Cherokees: from Tennessee and Georgia, 20;
    tarried in Arkansas, 19, _footnote_;
    go to Texas, 20, _footnote_;
    removal to Arkansas suggested by Jefferson, 20, _footnote_;
    in North Carolina fight with South, 20, _footnote_;
    "Eastern" in controversy with "Western," 20, _footnote_;
    character of constitution, 31, _footnote_;
    visited by Sacs and Foxes, 36, _footnote_;
    work of A.B.C.F.M. among, 39;
    schools among, 39, _footnote_;
    religious denominations among, 39-40;
    desirable to have slaveholders settle among them, 42;
    material progress due to slavery, 46;
    search organization among, 48;
    with Cooper as volunteers, 54;
    antebellum relations with people of Arkansas, 64;
    representatives at inter-tribal conference, 71;
    visited by commissioners from Texas, 92;
    in council with Creeks, Seminoles, Quapaws, and Sacs, 94;
    Pike's negotiations with, 134, _footnote_;
    to be indemnified, 163;
    made an exception, 168;
    at Battle of Wilson's Creek, 214-215, 214, _footnote_;
    secession of, 217;
     resolutions of, 223-225;
    secret organization among, 291-293

  Chickasaw: district, 34, _footnote_, 52

  _Chickasaw and Choctaw Herald_: 56, _footnote_

  Chickasaw Legislature: act, 68;
    resolutions, 122, _footnote_, 155

  Chickasaw Manual Labor School: 40, _footnote_

  Chickasaws: from Alabama and Mississippi, 20;
    character of constitution, 31, _footnote_;
    domestic troubles, 34;
    political connection with Choctaws, 34, _footnote_;
    religious denominations among, 40, _footnote_;
    construct government, 51;
    as volunteers, 54;
    country, 63;
    not represented at inter-tribal conference, 71;
    convention of Choctaws and, 91;
    prevented from attending council at North Fork, 94;
    take charge of property abandoned by Federals at Fort Arbuckle, 102;
    appeal of Burroughs to, 120-121;
    resolutions of Choctaws and, 130;
    negotiations of Albert Pike with, 136, _footnote_, 196-197;
    reported as anxious to join Southern Confederacy, 155;
    treaty with, considered by Provisional Congress, 204-207;
    E. H. Carruth communicates with loyal portion of, 246-247

  Chilton, William P: 127

  Chippewas: from Michigan, 19;
    warriors, 227, _footnote_

  Chi-sho-hung-ka: 238, _footnote_

  Chisholm, Jesse: 313, 320

  Choctaw-Chickasaw Regiment: 77, 207, 210, 211, 230, _footnote_, 252,
        _footnote_

  Choctaw-Chickasaw Treaty: 157, and _footnote_;
    declares allegiance to C. S. A., 159, _footnote_;
    contains promise of representation in Congress, 159, _footnote_;
    suggests ultimate statehood, 160, _footnote_;
    recognizes Choctaw country as distinct from Chickasaw, 161;
    transfers lease of Wichita Reserve to Confederate States, 162;
    navigable waters, 174;
    amnesty, 175

  Choctaw Corn Contract: scandal involves Pike, 57, _footnote_

  Choctaw General Council: act, 20, _footnote_;
    resolution, 72-74;
    under authority of Chief Hudson declares Choctaw Nation "free and
        independent," 156, 196;
    plan treaty of alliance and amity with Confederacy, 156;
    communication from Pike, 187, _footnote_, 196, _footnote_

  Choctaw Light Horse: 24, _footnote_

  Choctaws: tarried in Arkansas, 19, _footnote_;
    Catawbas wish to unite with, 20, _footnote_;
    intimacy with negroes, 20, _footnote_;
    in Mississippi fight with South, 20, _footnote_;
    prepared to assent to territorial bill, 31, _footnote_;
    domestic troubles, 34;
    political connection with Chickasaws ended, 34, _footnote_;
    religious denominations among, 39-40;
    schools among, 40, _footnote_;
    desirable to have slaveholders settle among them, 42;
    ask relief, 57, _footnote_;
    country, 63;
    antebellum relations with people of Arkansas and Texas, 64;
    not represented at inter-tribal conference, 71;
    delegation, 74;
    affairs, 75-79;
    treaty with Confederate States, 78, 204;
    convention of Chickasaws and, 91;
    prevented from attending council at North Fork, 94;
    resolutions of Chickasaws and, 130;
    negotiations of Pike with, 136, _footnote_, 196-197;
    reported as anxious to join Confederacy, 155;
    enlist in army, 210;
    Carruth in communication with loyal portion, 246-247

  Chuahla: 39, _footnote_

  Chustenahlah: battle of, 258

  Citizenship: U. S. recommended for Indians, 31 and _footnote_;
    Ottawas express preference for U. S., 36, _footnote_;
    Indians to determine own tribal, 169;
    Jim Ned's right of, forfeited within Leased District, 306

  Civil War (American): no adequate history of American, 17;
    Indian allies of South in, 20, _footnote_;
    in Choctaw-Chickasaw country threatened, 34 and _footnote_;
    delays Indian removal from Kansas, 37;
    corrupt practices of Democratic Party just prior to American, 45,
        _footnote_;
    Stand Watie on Southern side in, 49, _footnote_;
    responsibility of Texas and Arkansas for participation of Indians in,
        63;
    early interest of Texas and Arkansas in Indian country, 67;
    see also _Enlistment of Indians_

  Civilization Fund: 37

  Clark, George W: 211, _footnote_, 240, _footnote_

  Clover, Seth: 209, _footnote_

  Cobb, Howell: 45, _footnote_

  Cockrell, S. R: 119

  Coe, Chas. H: work cited, 20, _footnote_

  Coffin, William G: 80 and _footnotes_, 184, 245, 247, 259, 274

  Colbert, D: 41, _footnote_

  Colbert, Holmes: 261, _footnote_

  Colbert, Winchester: 197, 201, _footnote_

  Colbert Institute: 40, _footnote_

  Coleman, Isaac: 186, _footnote_, 259, _footnote_

  Collamore, George W: 261, _footnote_

  Colley, S. G: 350

  Collin (Texas): exodus of non-secessionists from, 95

  Colorado: indigenous tribe, in, 19, _footnote_;
    attempts to secure Indian coöperation, 83

  Comanche Treaty: 157, _footnote_, 158;
    amnesty, 176

  Comanches: 51, 52, 55, 189, _footnote_, 200 and _footnote_, 201, 206,
        313, 320, 323, 324, 331, 337, 347, 351

  Commission: from Texas to Indian nations, 88 _et seq._;
    from Arkansas, 108, _footnote_

  Concharta: 255

  Confederate Contract: for supplying Indians of Leased District, 301-303,
        347, 352

  _Confederate Military History_: work cited, 103, _footnote_

  _Congressional Globe_: work cited, 58, _footnote_

  Connelley, W. E: work cited, 34, _footnote_, 49, _footnote_

  Connor, John: 544

  Cooley, D. N: 56, _footnote_, 134, _footnote_, 226

  Cooper, Douglas H: citizen of Mississippi, 41;
    fears abolitionization of Indian country, 41;
    sends note to Superintendent Dean, 42;
    sanguine as to slavery conditions among Indians, 45;
    survey of Leased District, 53;
    Choctaw Corn Contract, 57, _footnote_;
    becomes colonel in Confederate army, 76;
    regiment of Choctaws to be under command of, 77, 207;
    absent from post, 82 and _footnote_;
    apparently disapproves of Texan interference, 96;
    receives suggestions from Rector, 106-107, _footnote_, 187;
    instructions to, 147, _footnote_;
    defection of, 186-187;
    asked to continue as agent, 190, _footnote_;
    wishes to be agent and colonel, 197, _footnote_, 212, _footnote_;
    report concerning Indian enlistment, 211;
    in battle with Opoethleyohola, 254 _et seq._, 312;
    complains of not having more white troops, 280

  Cooper, Samuel: 53, _footnote_, 147

  Corn Contract: see _Choctaw Corn Contract_

  Council: Cherokee, in session at Tahlequah, 50, _footnote_;
    Choctaw at Doaksville, 77;
    composition of Doaksville, 77;
    at Fort Smith, 226-227, 241;
    at Tahlequah, 237 _et seq._, 240;
    Coffin holds, with representatives of non-secession element of various
        tribes, 267;
    Agent Johnson holds, with Delaware chiefs, 272, _footnote_;
    Indian refugees hold, at Fort Roe, 278, _footnote_;
    Creek, demands payment of money, 289;
    Cowart reports rumor of Cherokee, 294;
    Cherokee, to meet, 296;
    of each tribe to consider amendments to treaties, 323;
    Leeper holds with Indians of Leased District, 346;
    Comanches propose, to effect everlasting peace with Southern people,
        347;
    see also _Inter-tribal Conference_

  Covode, John: 276

  Covode Committee: 45, _footnote_

  Cowart, Robert J: 46, 82 and _footnote_, 89, _footnote_, 114 and
        _footnote_, 184, 290, 295, 298

  Cowetah: 69, _footnote_

  Cox, John T: 261, _footnote_

  Crawford, John: 183, _footnote_, 184-185, and _footnotes_, 190,
        _footnote_, 215, _footnote_, 216, 218, 219, _footnote_, 220, 223,
        325

  Creek Country: Seminoles accommodated within, 50;
    proposal for giving southern Comanches home within, 51 and _footnote_;
    proposal to allot lands in severalty, 58

  Creek Light Horse: 218, _footnote_

  Creek National Council: rejects proposal for allotment of lands in
        severalty, 58, _footnote_;
    approves draft of treaty with C. S. A., 194

  Creek Treaty: 157 and _footnote_;
    Dole ignorant of existence, 157, _footnote_;
    declares allegiance to C. S. A., 159, _footnote_;
    contains guarantee of autonomy, 159, _footnote_;
    contains promise of representation in Congress, 159, _footnote_;
    model on subject of recognizing slavery, 166-167;
    extradition, 173;
    negotiation of, 192-195;
    considered by Provincial Congress, 206;
    clauses providing for active alliance, 212

  Creeks: from Georgia and Alabama, 19-20;
    assist in Seminole removal, 20, _footnote_;
    mixture with negroes, 20, _footnote_, 23, _footnote_;
    status of free negro among, 23, _footnote_;
    Presbyterians among, 40;
    desirable to have slaveholders settle among, 42;
    repent giving home to Seminoles, 51;
    location, 67;
    representatives at inter-tribal council, 71;
    visited by commissioners from Texas, 92;
    in council with Cherokees, Seminoles, Quapaws, and Sacs, 94

  Crime: unjustly charged against missionaries, 47;
    charged against Reserve Indians, 52

  Crutchfield, Major P. T: 111

  Culbertson, Alexander: 210, _footnote_

  Cumberland Presbyterians: 40, _footnote_

  Curtis, Gen. S. R: 138, _footnote_

  Cushing, Caleb: opinion as attorney-general, 22

  Cutler, Abram: 229, _footnote_

  Cutler, George A: 184, _footnote_, 249, _footnote_, 259, _footnote_, 266


  Davis, Jefferson: influences Cushing, 22;
    writes to Worcester, 23, _footnote_;
    nominates Hubbard Commissioner of Indian Affairs, 128;
    appoints Pike special commissioner to Indians, 130;
    message, 202;
    Marshall writes to, 207

  Davis, John B: 23, _footnote_

  Davis, John D: 199, _footnote_

  Davis, William P: 199, _footnote_

  Dawson, J. L: 193, _footnote_

  Dean, Charles W: 42;
    work cited, 35, _footnote_, 60, _footnote_

  Debray, X. B: 102, _footnote_

  Decotah: suggested territory of, 31, _footnote_

  Deep Fork of Canadian: 254

  Delawares: from Indiana, 19;
    tarry in Missouri, 19, _footnote_;
    free state men among, 35;
    anxious to avoid white man's interference, 36, _footnote_;
    Baptist school on reservation, 38;
    as refugees, 56, _footnote_;
    Leeper to communicate with, 181, _footnote_;
    Pike hopes to meet, 189, _footnote_;
    wealth, 208, _footnote_;
    treaty with, 231, _footnote_;
    employed as scouts, 232;
    appeal to, 268;
    response of, 268;
    and Shawnees attack Wichita Agency and kill Leeper, 329, _footnote_

  Delegates: five great tribes should have, in Congress, 31, _footnote_;
    Pike sent as, 132-133;
    to be allowed in Confederate Congress, 159, 161, 177, 203, 204, 324;
    Creek on way to Washington, 245;
    Gamble to Confederate Congress, 312

  Delegation: Choctaw and Chickasaw, gives assurance to Indian Office of
        neutrality, 74 and _footnote_, 75;
    from non-secession element in various tribes, 265-266 and _footnote_,
        267 and _footnote_;
    from Leased District visits Kiowas, 353

  Denton: exodus from, 95

  Denver, J. W: 270

  Derrysaw, Jacob: 69, _footnote_, 194, 218, _footnote_

  Dickey, M. C: 209, _footnote_

  Dickinson, J. C: 50, _footnote_, 296

  Diplomacy: used to effect Indian alliance, 17;
    and intrigue to effect Seminole removal from Florida, 20, _footnote_

  District of Columbia: status of slavery in, 22

  Disunion: Pike's poem on, 133 and _footnote_

  Doaksville: 39, _footnote_;
    Choctaw constitution, 51;
    Council at, 77

  Dole, William P: 56, _footnote_, 74, _footnote_, 75, 80, 231 and
        _footnote_, 233, 241-242, 250, 266, 271, 273, 274

  Dorn, Andrew J: 30, _footnote_;
    takes charge of Neosho Agency, 35, _footnote_, 51;
    absent from post, 82;
    citizen of Arkansas, 82, _footnote_;
    tells Neosho River Agency Indians to attend Tahlequah meeting, 241;
    letter of, 295;
    Rector complains of conduct of, 328

  Dred Scott Decision: effect upon Indian interests, 29

  Drew, John: 137, _footnote_, 214, _footnote_, 217, 226, 253, _footnote_,
        255

  Drew, Thomas: work cited, 30, _footnote_;
    issues permits to peddle in Indian country, 60

  Drouth: 57, 146, 208

  Du Val, Ben T: 104, _footnote_

  Dwight: Cherokee school at, 39, _footnote_


  Echo Harjo: 58, _footnote_, 80, _footnote_, 192, 193, 243

  Edwards, John: 78

  Elder, Peter P: 81, _footnote_

  Elk Horn Tavern: battle of, 138, _footnote_

  Ellis, Jo: 244

  Emigration: of Indians voluntary, 19, _footnote_

  Emissaries: 83, 88, 89, _footnote_, 113 _et seq._, 114, _footnote_, 115,
        _footnote_, 132, 142, 148, _footnote_, 183, 208, 210, _footnote_,
        218, _footnote_, 219, _footnote_, 242

  Emory, William H: 96-102, 98, _footnotes_

  Enlistment of Indians: Pike favors, 132;
    McCulloch instructed to secure, 144, 147;
    no intention of Confederacy to use as Home Guards exclusively, 148;
    Pike objects to use outside of Indian country, 149;
    Hyams urges, 155;
    Chief Hudson authorizes, among Choctaws, 156;
    Federal attitude towards, 227 _et seq._,
    compulsory, illegal, 228, _footnote_;
    Lane resolves upon, 229-230 and _footnotes_;
    Frémont favors, 231-232;
    Delaware chiefs oppose, 232;
    Lane persists in urging, 248;
    urged by Hunter, 250;
    to be resorted to by Federals in invading Indian Territory, 270-271
        and _footnotes_, 272, _footnote_;
    U. S. War Department reverses action respecting, 275, 279 and
       _footnotes_;
    Coffin's views on, 277, _footnote_;
    muster roll showing, 344;
    among Comanches abandoned, 350

  Euchees: 52


  Factions: among Cherokees, 49-50, 151 _et seq._, 215, 223, 240;
    among Creeks, 192-194, 254;
    among Seminoles, 198-199;
    among Comanches, 306

  Fairfield: Cherokee school at, 39, _footnote_

  Fall Leaf: 231, _footnote_, 232 and _footnotes_, 233, _footnote_

  Farnsworth, H. W: 229, _footnote_, 272

  Fayetteville: 67, _footnote_, 184, 310, 326

  Female seminaries: Indian girls attend, 67, _footnote_

  Finch, John: 30, _footnote_

  Finley, C. A: 270

  Fishback, William Meade: 104, _footnote_

  Fleming, Walter L: work cited, 108, _footnote_

  Floyd, John B: 53, 296

  Folsom, George: 23, _footnote_

  Folsom, Israel: 74

  Folsom, Joseph P: 77

  Folsom, Peter: 74, 76, 196

  Folsom, Sampson: 41, _footnote_, 76, 196

  Food: Indian refugees need, 260;
    to destitute Delawares from Cherokee country, 268, _footnote_;
    Creek refugees destitute of, 273, _footnote_, 278, _footnote_;
    supposed fraudulent character of contract for supplying, 285-289;
    Confederate contract with Charles B. Johnson for supplying, 301-303;
    for Comanches, 313;
    to be furnished Indians in council considering amendments to
        treaties, 323;
    receipt for, furnished, 345

  Fort Arbuckle: 54, 87, _footnote_, 97, 135, _footnote_, 201, _footnote_,
        297, 303, 345, 357

  Fort Belknap: 88, _footnote_

  Fort Caleb: 295

  Fort Cobb: 82, footnote, 84, _footnote_, 96, 97, 98 and _footnote_, 189,
        _footnote_, 296, 332, 356

  Fort Coffee Academy: 40, _footnote_

  Fort Davis: 349

  Fort Gibson: abandoned as military post, 53;
    Major Emory and, 104;
    distance from Fort Smith, 108;
    Pike returns to, 137, _footnote_;
    Armstrong to meet emigrating Creeks at, 193, _footnote_;
    Cooper draws off in direction of, 256;
    money at, 325

  Fort Leavenworth: 88, _footnote_, 103, 208, _footnote_, 251, 259, 266,
        267, 270

  Fort Lincoln: 229, _footnote_, 230, 243

  Fort McCulloch: 139, _footnote_, 284

  Fort Randall: 227, _footnote_

  Fort Roe: 259 and _footnote_, 275, _footnote_, 277, _footnote_

  Fort Scott: 249, _footnote_, 266

  Fort Smith: headquarters of southern superintendency, 64;
    evacuated, 76;
    W. G. Coffin fails to reach, 81, _footnote_;
    Emory reaches, 97;
    Emory tarries at, 99;
    hot-bed of sectionalism, 103;
    distance from Fort Gibson, 108;
    J. J. Gaines reaches, 113;
    Pike proceeds to, 138, _footnote_;
    McCulloch at, 150;
    talk of confiscating Rector's property at, 182, _footnote_;
    distance from Scullyville, 211;
    fire at, 298

  Fort Smith Council: 192, _footnote_, 226-227, 241

  _Fort Smith Papers_: cited, 41, _footnote_, 43, _footnote_, 50,
        _footnote_, 104, _footnote_, 197, _footnote_, 198, _footnote_,
        285-328

  _Fort Smith Times_: cited, 47, _footnote_

  Fort Sumter: 118

  Fort Towson: 40, _footnote_

  Fort Washita: 77, 91, 96, 189, _footnote_, 297, 303

  Fort Wise: 210, _footnote_

  Forty-niners: covet land in Indian country, 28

  Frauds: William Walker, head chief of Wyandots, takes part in Kansas
        election, 22, _footnote_

  Frazier, Jackson: 41, footnote

  Free negroes: status among Creeks and Seminoles, 23, _footnote_;
   among Choctaws, 24, _footnote_;
   Leased District rendezvous for, 56-57

  Free-soilers: 45, 46, 113

  Free-state expansion: charge that Calhoun intended to prevent, 30

  Free-state men: intrenched among Delawares north of Kansas River, 35

  Frémont, John C: 214, _footnote_, 215, _footnote_, 231, 232, 233,
        _footnote_, 248, 312

  Frontier: action along Missouri-Arkansas in Civil War, 17;
    character of men of, 114;
    Indians exploited for sake of men of, 170;
    trouble on, to be expected, 183, _footnote_

  Frozen Rock: 53

  Fugitive Slave Law: operative within Indian country, 22, 166, 178


  Gaines, J. J: 113, 115, _footnote_, 116

  Gamble, James: 41, _footnote_, 54, _footnote_, 197, 312

  Garland, Samuel: 74, 76

  Garrett, William H: 58, _footnote_, 82, and _footnote_, 183, 184 192,
        194, 212, _footnote_, 324

  Georgia: Creeks and Cherokees from, 20, 193, _footnote_;
    D. E. Twiggs from, 87

  Grayton: exodus from, 95

  Green, J. J: 105, _footnote_

  Greenwood, A. B: 36, _footnote_, 45, _footnote_, 46, 48, 113, 192, 209,
        _footnote_, 291, 292, 294

  "Grier letter": 29, _footnote_

  Griffith, Samuel: 119, 182, _footnote_, 183-184

  Grimes, Marshal: 56, _footnote_, 57, _footnote_, 98, _footnote_, 336, 337


  Hagerstown (Md.): Quantrill, native of, 48

  Half-breeds: status of, 23, _footnote_;
    generally slaveholders, 46;
    influence sought in holding Indian country for South, 67;
    planter class in Indian Territory, 67, 75;
    white men and Choctaw, hold secession meeting, 77;
    missionaries fear, 78;
    hated by "loyal" Cherokees, 139, _footnote_;
    attempt to force full-bloods into alliance with Confederacy, 216

  Halleck, Henry W: 215, _footnote_, 275

  Hamilton, Charles A: appointed commissioner, 88;
    report, 91

  Harris, C. A: 193, _footnote_

  Harris, Cyrus: 41, _footnote_, 69, _footnote_, 80, _footnote_;
    visited by commissioners from Texas, 91

  Harris, Thomas A: 130

  Harrison, James E: appointed commissioner, 88;
    report, 91;
    referred to by Governor Clark, 131, _footnote_

  Helena (Ark.): 104

  Hemphill, John: 100, _footnote_

  Hester, G. B: 230, _footnote_

  Hicks, Charles: 237, _footnote_

  Hindman, Thomas C: 48, _footnote_, 105, _footnote_, 357

  Hobbs, Reverend Doctor S. L: 79

  Hotchkin, Ebenezer: 42, 76

  Houston, Sam: 31, _footnote_, 90, 93

  Howard, O. O: work cited, 220, _footnote_

  Hubbard, David: 108;
    letter to Governor Moore, 109-110;
    nominated as Commissioner of Indian Affairs, 128;
    Pike hopes for coöperation, 141;
    receives instructions from Walker, 142-143;
    ill-health, 143, _footnote_;
    writes to John Ross, 144-145;
    reply of John Ross to, 146-147;
    instructed not to offer statehood, 161;
    advice to Crawford, 308;
    advises economy, 315

  Hudson, George: 77, 80, _footnote_;
    declares Choctaw Nation "free and independent," 156;
    dealings with Pike, 196;
    proclamation, 196, 210

  Humboldt: 243, _footnote_, 247

  Humphreys, John J: 185, 218, _footnote_

  Hunter, David: 248, 249, and _footnote_, 250, 251, 260, 266, 270, 275,
        276, 312

  Hyams, S. M: 155


  Illinois: tribes from, 19

  Indian adoption: 169

  Indian camp: Lane plans establishment to prevent foraging into Kansas,
        230;
    to be located in Cherokee Neutral Lands, 233;
    Cooper reaches, 254

  Indian country: west of Arkansas and Missouri, 19;
    tribes within, indigenous and emigrant, 19 and _footnote_;
    population, 20-21;
    cut in two by Missouri Compromise line, 20;
    reservation system established, 21;
    listed with District of Columbia as strictly federal soil, 22;
    Fugitive Slave Law declared operative within, 22;
    presence of free negroes sometimes source of grave danger, 23,
        _footnote_;
    constantly beset by difficulties, 24, 27;
    likely to be greatly reduced in area by Manypenny treaties, 35;
    intruders attracted by supposed mines of precious metals, 35,
        _footnote_;
    rivalry among churches, 37;
    intruders to be removed by Agent Cowart, 46;
    practically no U. S. troops within, 52-53;
    northern tribes of less importance politically than southern, 62,
        _footnote_;
    slaveholding politicians work through halfbreeds to hold for South, 67;
    strategic importance of, appreciated by Arkansas, 108;
    military necessity of securing, 131;
    Pike describes sojourn in, 134 _et seq._, _footnote_;
    McCulloch to give military protection to, 148;
    McCulloch lays plans for taking possession of, 149;
    establishment of Confederate States courts promised by treaty with
        great tribes, 177;
    postal system to be maintained throughout, 180;
    U. S. War Department resolves upon expedition to, 270

  Indian Home Guards: Pike in favor of Indians as, 132;
    no evidence that Indians wanted exclusively as, 148;
    individual Cherokees as, 149-151;
    disposition to keep Indians as, 212;
    Ross's plan defeated by McCulloch, 226-227;
    authorized by Cherokee Executive National Council, 226;
    Drew's regiment tendered to McCulloch, 227;
    Drew's regiment escorts Pike to Park Hill, 240

  Indian Intercourse Law: difficulty in enforcing, 24, _footnote_;
    Greenwood's exposition of, 290;
    Leeper asks for copy, 315;
    Leeper reports troops necessary to enforce law within Leased District,
        346

  Indian Property Rights: put in jeopardy by pioneer advance, 28;
    in trans-Missouri region, 29;
    rendered secure by treaty promises, chap. iii

  Indian Removal: policy, 19, _footnote_;
    law for, 19, _footnote_;
    indemnification for, 164-166

  Indian States in Union: suggested by southern politicians, 31;
    suggested by Texas newspapers, 31, _footnote_;
    Confederacy promises to Choctaws, 78;
    no assurance of, to be given by Hubbard, 143;
    promised in treaties made by Confederacy, 160 and _footnote_, 161;
    Davis calls attention to clauses in Indian treaties providing for, 203;
    Provisional Congress modifies treaty guarantee for, 204

  Indian Territory: small tribes find their way to, 19, _footnote_;
    annexed for judicial purposes to Western District of Arkansas, 23,
        _footnote_;
    in danger of being abolitionized,41-42;
    only home for Indians from Kansas, 36;
    drouth in, 58;
    political status of tribes in, 62, _footnote_;
    position with respect to Texas and Arkansas, 63;
    topographical description of, 63;
    early interest of Texas and Arkansas in, 67;
    halfbreeds of, a planter class, 67, 75;
    Knights of Golden Circle active in, 68;
    Indians to be driven out of, 76;
    cut off from communication with U. S. Indian Office, 81, _footnote_;
    agents within, all southern men, 82;
    Commissioner Dole urges reoccupation of, 241;
    strategical importance of, 242;
    included within Trans-Mississippi District of Department No. 2, 280

  Indian trade: licenses for, 59-60;
    regulations respecting, 169-171

  Indiana: tribes from, 19;
    W. G. Coffin from, 80

  Indians: lands granted in perpetuity, 18;
    participation in American Civil War inevitable, 18;
    as emigrants, 19;
    number of colonized, 20-21;
    proportion of southern to northern, 21;
    slaves enticed away by abolitionists, 23;
    seized as fugitives by southern men, 23;
    interests militated indirectly against by Dred Scott decision, 29;
    territorial form of government for, 30, _footnote_, 31, _footnote_;
    treaty rights likely to be seriously affected by repeal of Missouri
        Compromise, 34;
    plan for colonizing Texas, 52, 55;
    Knights of Golden Circle active among, 68;
    condition of, reported by Texas commissioners, 94;
    Choctaw and Chickasaw friendly to Confederate States, 100, _footnote_;
    enlistment, 132, 147-149, 155, 181, _footnote_, 207, 210, 211-212,
        227, _footnote_, 248, 250, 252, _footnote_, 270, 275, 279;
    treaties with Confederate States, 157-158, 202-206;
    judicial rights under treaties with Confederate States, 172-174;
    military support secured early by Confederacy, 207;
    use of, by U. S. as soldiers uncertain, 227 _et seq._;
    not subject to conscription, 228, _footnote_;
    reported arming themselves on southern border of Kansas, 228,
        _footnote_;
    conference with Lane at Fort Lincoln, 230;
    totally abandoned by U. S. government, 262, _footnote_;
    see also under names of individual nations and tribes

  Interior Department: 53, 80, 218, _footnote_, 242, 265, 273

  Interlopers: encourage slavery within Indian country, 22;
    see also _Intruders_

  Inter-tribal Conference: documents relating to, called by the
        Chickasaws, 68, _footnote_;
    assembling of, at Creek Agency, 70;
    attendance, 71;
    action, 71-72;
    action not officially reported to U. S. government, 82;
    Motey Kennard and Echo Harjo in Washington at time, was planned, 192;
    Indians solicit, 209, _footnote_;
    Lane arranges for, to meet at Fort Lincoln, 243, 246;
    Coffin desires, at Humboldt, 247;
    plans for, at Leroy, 248;
    Hunter instructed to hold, 250;
    difference between, as planned by Lane and by Hunter, 250, _footnote_;
    John T. Cox gives account of, 262, _footnote_

  Interview: of Pike and McCulloch with Cherokee Confederate sympathizers,
        135, _footnote_, 152;
    of Lane with representatives of various tribes at Fort Lincoln
        proposed, 243, 246;
    of Coffin with Carruth, 243, _footnote_;
    of Carruth with Creek delegation, 245

  Intrigue: and diplomacy to effect Seminole removal from Florida, 20,
        _footnote_;
    Pike expected to succeed in, with Southern Indians, 86, _footnote_

  Intruders: to be removed by Agent Cowart, 46;
    interfere with slavery, 47;
    Confederate military authority to supplement tribal in expulsion of,
        169;
    Agent Butler's reports, 285;
    Greenwood discusses matter with Rector, 290-291;
    Cowart reports progress in removal of, 295, 296, 297;
    Cowart gives notice to John B. Jones to leave Cherokee Nation, 296;
    see also _Interlopers_

  Iowas: 189, _footnote_

  Irish, O. H: 227, _footnote_

  Iyanubbi: Choctaw school at, 39, _footnote_


  Jackson, Andrew: 19;
    inducements offered to Indians, 58;
    procedure of, 72;
    opposed to political tenets of John C. Calhoun, 133

  Jayhawking: of Lane's brigade, 233, 234, 277

  Jennison, C. R: 275, _footnote_

  Jesup, Thomas S: 164, _footnote_, 165

  Jim Ned: 306, 330, 341

  Jim Pockmark: 306, 338

  John Chupco: 198, _footnote_, 199

  John Jumper: and Seminole removal, 20, _footnote_;
    favors boarding schools for youth of tribe, 40, _footnote_;
    approached by Albert Pike, 85, _footnote_, 197, _footnote_, 198,
        _footnote_;
    signs complaint against General Jesup, 164, _footnote_;
    signs treaty with Confederate States, 198;
    signature attached to Comanche treaties, 200, _footnote_;
    doing duty faithfully, 319;
    letter to, 337

  Johnson, Charles, B: 56, _footnote_, 98, _footnote_, 105, footnote, 190,
        _footnote_, 199, 287, 289, 301, 314, 323, 332, 352

  Johnson, F: 231, footnote, 232, 248, and _footnote_, 329, _footnote_

  Johnson, James B: 105, _footnote_

  Johnson, Richard H: 47, _footnote_, 105, _footnote_

  Johnson, Robert W: 31, _footnote_, 47, _footnote_, 105, _footnote_, 127;
    correspondence with Albert Pike, 131, 132;
    motion, 204;
    Crawford serves by request, 308;
    elected senator, 334

  Johnson, Thomas: slavery-propagation work among Indians, 22, _footnote_,
        39

  Johnson, W. Warren: 303

  Johnson: exodus from, 95

  Jones, Evan: 47, 93, 135, _footnote_, 217, 218, _footnote_, 236, 240,
        _footnote_, 292, 293

  Jones, H. P: 199, 348, 350

  Jones, John: 309

  Jones, John B: 47, 269, _footnote_, 296

  Jones, R. M: 75, 77, 79, 197, 344-345

  Journeycake, Charles: 231, _footnote_, 268, _footnote_

  Jumper, John: see _John Jumper_


  Ka-hi-ke-tung-ka: 238, _footnote_

  Kannady, J. R: 125

  Kansa: indigenous to Kansas, 19;
    suffering of, 209, _footnote_

  Kansas: Indian tribes in, 19;
   agitation for the opening up of, 28;
    compared with Choctaw country, 31, _footnote_;
    suggested organization causes excitement among Indians, 33-34;
    citizens encroach upon Cherokee Neutral Lands, 46;
    drouth in, 58;
    political status of tribes in, 62, _footnote_;
    and Cherokee Outlet, 64;
    Elder, citizen of, 186;
    Pike desires to raise Indian battalion, 207;
    Indians wish to fight, 227, _footnote_

  Kansas Historical Society: _Collections_, 19, _footnote_, 34, _footnote_

  Kansas-Nebraska Bill: effect upon Indian interests, 29, 35;
    settlers demand Indians to vacate territory covered by, 36;
    Seward's speech on, 58-59

  Kansas Territory: first districting illegally included Indian lands, 35;
    free-state settlers charge Buchanan government with bad faith, 37

  Kappler, C. J: work cited, 20, _footnote_, 34, _footnote_, 49,
        _footnote_, 50, _footnote_, 52, _footnote_

  Kaskaskias: from Illinois, 19

  Keitt, Lawrence M: 127, 129

  Kennedy, John C: 211, _footnote_

  Kickapoos: from Indiana, 19;
    tarry in Missouri, 19, _footnote_;
    denominationalism among, 37, _footnote_;
    refugees, 56, _footnote_;
    Leeper to communicate with, in name of Albert Pike, 181, _footnote_;
    Pike hopes to meet, 189, _footnote_

  Kile, William: 261, _footnote_, 274

  Kingsbury, Rev. Cyrus: 40, and _footnote_, 43, _footnote_, 76

  Kingsbury Jr., Cyrus: 79

  Kiowas: 52;
    Texans reported tampering with, 210, _footnote_;
    messengers from, 309;
    talk for, 320;
    treaty with, to be effected, 323, 331;
    delegation of, 324;
    Big-head, chief of, 342;
    Lone Wolf, chief of, 350;
    E-sa-sem-mus, chief of, 350;
    annual festival of, 351;
    treaty with, 354

  Knights of Golden Circle: probable influence with Arkansas Legislature,
        68, _footnote_;
    evidence of activity among Indians, 68;
    halfbreeds belong to, 86, _footnote_

  Koonsha Female Seminary: 40, _footnote_


  Lands: plot to dispossess Indian of, 18;
    pledged by U. S. government as Indian possession in perpetuity, 18, 28;
    of Cherokees extended north of thirty-seventh parallel, 21;
    of Indians coveted by Forty-niners, 28;
    of Indians in Kansas excluded from local governmental control, 35;
    allotment in severalty proposed to Creeks, Choctaws and Chickasaws, 58;
    violation of treaties to cost Indians their, 86, _footnote_;
    property rights of Indians guaranteed by Confederacy, 161 _et seq._;
    Indians to have right to dispose of by will, 172;
    Cherokee halfbreeds fear designs upon Indian, 216

  Lane, James H: 125, 229, 231, _footnote_, 233, 242, 251 and _footnote_,
        265, 270, 276, 278

  Lane, W. P: 357

  Laughinghouse, G. W: 120

  Leased District: 52 and _footnote_, 54, 56, 57, _footnote_, 63, 67, 96,
        179, 199, 297, 340, 349

  Lee, Robert E: 88, _footnote_, 98, _footnote_, 99

  Lee, S. Orlando: letter, 75-79, 197, _footnote_

  Leeper, Matthew: 57 and _footnote_, 82 and _footnote_, 96, 98 and
        _footnote_, 99, 180, _footnote_, 199, _footnote_, 303, 304-307,
        311, 315-319;
    removal of, asked for by Rector, 323;
    death of, 329, _footnote_;
    charges against, 333

  _Leeper Papers_: cited, 57, _footnote_, 99, _footnote_, 102, _footnote_,
        181, _footnote_, 186, _footnote_, 199, _footnote_, 200,
        _footnote_, 201, _footnote_, 329-357

  Lee's Creek: Cherokee school at, 39, _footnote_

  Lefontaine, Louis: 208, _footnote_

  Leroy: 248, 266

  Lincoln, Abraham: 68, 76, 80, 86, _footnote_, 93, 95, 118, 122,
        _footnote_, 182, 185, 234 and _footnote_, 250, 265, _footnote_,
        266, 274, 276, 278

  Little Captain: 277, _footnote_

  Little Rock: 103, 108, 190, _footnote_

  London, John T: 104, _footnote_

  Long John: 198, _footnote_

  Love, Overton: 23, _footnote_

  Lower Creeks: 50, 80, _footnote_, 192, 244

  Lowrie, Walter: 75

  "Loyal Creeks": 192, _footnote_, 193, 194, _footnote_, 195, 199,
        243-246, 250, 254, 259;
    sufferings, 260;
    measures for relief of, 260 _et seq._, 272;
    annuities of "hostiles" to be applied to relief of, 274

  Luce, John B: 125, 282, _footnote_


  McCarron, Thomas: 311

  McClellan, George B: 265, _footnote_, 275, 276

  McCulloch, Ben: 85, _footnote_, 120, 135, _footnote_, 141, 143-144;
    letter of Hubbard to, 144-145;
    attempt to secure Cherokee help, 149-153;
    communication with John Ross, 149;
    reply of John Ross to, 150;
    correspondence with Secretary Walker, 151, and _footnote_;
    reports Choctaws and Chickasaws as anxious to join Confederacy, 155;
    accompanies Albert Pike, 189, _footnote_;
    gives authority for calling out six hundred rangers from Fort Cobb,
        198, _footnote_;
    objects to appointment of Garrett as colonel of Creek regiment, 212,
        _footnote_;
    acts under direct orders from Richmond, 225;
    promises to protect Cherokee borders, 227;
    orders Stand Watie to take up position in Cherokee Neutral Lands, 252,
        _footnote_;
    goes to Richmond, 257, _footnote_

  McCulloch, Henry E: 99, _footnote_, 207

  McCulloch, Thomas C: 210, _footnote_

  McDaniel, James: 262, _footnote_, 268, and _footnote_

  Machinations: secessionist sympathy of Indians not due to, of agents and
        others, 219, _footnote_

  McIntosh, Chilly: 92, 140, _footnote_, 193, and _footnote_, 200,
        _footnote_

  McIntosh, D. N: 92

  McIntosh, James: 256 _et seq._

  McIntosh, Rolly: 193, _footnote_

  McIntosh, William: 191, _footnote_, 193, _footnote_;
    attempts to bribe John Ross, 236, _footnote_

  McRae, John J: presents petition for removal of Choctaws, 20, _footnote_

  McWillie, M. H: 207, _footnote_

  Mails: insecurity, 116;
    none in Indian country, 190, _footnote_;
    irregularity, 230, 252, _footnote_;
    must be provided for in Leased District, 309;
    Rector has no authority to establish, 332

  Malfeasance: Rev. Thomas Johnson suspected of, 39, 41;
    few Indian Office officials free from, 56, _footnote_;
    Washburn implicated in, 85, _footnote_;
    Indian agents guilty of, 262, _footnote_

  Manassas Junction: battle of, 216

  Mandan: suggested territory of, 32, _footnote_

  Manypenny, George W: 30, _footnote_;
    Indian treaties made by, 33, _footnote_, 35;
    promises to look into expediency of Comanche removal, 51, _footnote_;
    suggests giving Indians control of trade, 170

  Marcy, William L: 165, _footnote_

  Marshall, F. J: 207

  Marysville: 207

  Mass-meeting: of Cherokees at Tahlequah, 217 _et seq._, 226, 234

  Mathews, John: 235, _footnote_, 239

  Mayers, Abram G: 56, _footnote_, 197, _footnote_, 230, _footnote_, 287,
        288, 289, 312

  Mayes, Joel: 214, _footnote_

  Medicines: Texans seize, 305, 308;
    Leeper's requisition can not be honored, 330-331

  Memphis (Tenn.): 97, 104, 134, _footnote_

  Methodist Episcopal Church South: 37, _footnote_, 38, 40, _footnote_

  Methodists: 38

  Mexican War: effect upon Indian interests, 28;
    service of Pike in, 132

  Miamies: from Indiana, 19;
    charges against Agent Clover, 209, _footnote_

  Michigan: tribes from, 19

  Mikko Hutke: 194, 244

  Military Board of Arkansas: 190

  Minnesota: territory of Decotah to be carved out of, 31, _footnote_

  Mission: of Pike, 134 _et seq._;
    of Hubbard, 143 _et seq._;
    of Carruth, 242, 246-247

  Missionaries: encourage slavery within Indian country, 22;
    among Indians, 39 _et seq._;
    suspected of attempting to abolitionize Indian country, 41;
    charged with inciting to murder, 47;
    search organization among Cherokees due to, 48

  _Missionary Herald_: cited, 40, _footnote_, 41, footnote

  Missions: 39 _et seq._, 143

  Mississippi: Choctaws and Chickasaws from, 20;
    Choctaws in, fight on side of South, 20, _footnote_;
    Cooper, citizen of, 41

  Mississippi River: 17, 63

  Missouri: Kickapoos, Shawnees, and Delawares tarry in, 19, _footnote_;
    interests herself in Indian alliance, 83

  Missouri Compromise: line approximately boundary between northern and
        southern Indian immigrants, 21;
    encroachment upon northern rights under, 22;
    as affected by Kansas-Nebraska bill, 30

  Mitchell, Charles B: 97, 98, 334

  Montgomery: 76, 87, _footnote_, 94, 109, 192, 196, 297

  Moore, Andrew B: 108

  Moore, Frank: work cited, 45, _footnote_, 125, _footnote_, 227,
        _footnote_

  Moore, Thomas O: 155, 192, _footnote_

  Moo-sho-le-tubbee: district of, 34, _footnote_

  Moravians: 38

  Morton, Jackson: 127

  Motey Kennard: 58, _footnote_, 80, _footnote_, 92, 94, 119, 191, and
        _footnote_, 193, 199, 200, _footnote_, 218, _footnote_, 243, 337

  Mound City: 230, _footnote_

  Munsees: from Ohio, 19;
    Moravians among, 38

  Murphy, J: 119

  Mus-co-kee: territory of suggested, 31, _footnote_


  Navajoe: suggested territory of, 32, _footnote_

  Ne-a-math-la: 193, _footnote_

  Nebraska: indigenous tribes in, 19, _footnote_;
    agitation for opening up of, 28;
    drouth in, 57

  Ne-con-he-con: 268, _footnote_

  Negroes: Choctaws charged with mixing with, 20, _footnote_;
    Creeks almost completely mixed with, 22, _footnote_;
    Creeks possess no aversion to race mixture, 23, _footnote_;
    no rights that white men are bound to respect, 29;
    Quantrill plans to rescue, 48;
    Indians agree to return fugitive, 166, _footnote_;
    six hundred, seized by Kansans, 334

  Neighbors, Robert S: 56, _footnote_

  Neosho: suggested territory of, 31, _footnote_

  Neosho River: 208, 277, _footnote_

  Neosho River Agency: 30, _footnote_;
    invaded, 35, _footnote_;
    Elder put in charge of, 186;
    Indians of, at Fort Smith Council, 241

  Neutrality: McCulloch agrees to respect Cherokee, 136, _footnote_;
    of Indians scarcely possible, 145;
    Chief Ross gives reasons for preserving, 147, 150;
    Chief Ross objects to violation of, 150;
    majority of Cherokees favor, 153;
    Chief Ross's Proclamation of, 153-154;
    discussion in Cherokee meeting at Tahlequah, 220 _et seq._;
    McCulloch orders Stand Watie's men not to interfere with Cherokee, 227

  New Hope Academy: 40, _footnote_

  _New Orleans Picayune_: 32, _footnote_

  Newspapers: 47, 75, 80, _footnote_

  New York Indians: from Wisconsin, 19;
    reservation invaded, 35;
    members of Neosha River Agency, 51;
    Refugees camp upon lands of, 260

  North Carolina: Cherokees fight on side of South, 20, _footnote_

  North Fork Village: 92, 94, 95, 157, 188, 192

  North Fork of Canadian: 67, 136, _footnote_, 189, _footnote_, 254

  Northern Baptists: 38, 39

  Northern Indians: colonized within limits of great American desert, 18;
    relative position of, 21;
    Pike hoped to exert influence over, 208;
    reported organized into spy companies by Federals, 306


  Oak Hills, or Wilson's Creek: battle of, 215, 216, 225, 257, _footnote_

  Ochiltree, William B: 129

  Office of Indian Affairs: plans for removal of Catawbas from Carolinas,
        20, _footnote_;
    takes measures for removal of Seminoles from Florida, 20, _footnote_;
    refuses to remove Choctaws from Mississippi, 20, _footnote_;
    unable to execute plan for removal of Texas Indians before 1859, 52;
    reply of Creeks to proposals, 58;
    patronage of, 59;
    out of communication with Indian Territory, 81, _footnote_;
    complaint filed at, 96;
    in possession of documents incriminating D. H. Cooper, 186;
    discontinues Indian allowances, 192;
    supports War Department, 271

  Ogden, John B: 89, _footnote_, 108, _footnote_, 115, _footnote_

  Ohio: people of, desire information about Manypenny treaties, 33,
        _footnote_

  Okanagan: suggested territory of, 32, _footnote_

  Ok-ta-ha-hassee Harjo [Sands]: 194, 244, and _footnote_

  Old Choctaw Agency: 211, _footnote_

  Oldham, W. S: 100, _footnote_

  _Old Scottish Gentleman_: 107 and _footnote_

  Old Settlers Party: 49

  Omaha Mission School: youths from, enlist in army, 227, _footnote_

  Omahas: 227, _footnote_

  Opoeth-le-yo-ho-la: 138, _footnote_, 193 and _footnote_, 194, 195,
        _footnote_, 198, _footnote_, 236, _footnote_, 243, 253,
        _footnote_, 254 _et seq._, 268, 278

  Oregon: occupied, 28

  Osage Manual Labor School: 38, _footnote_

  Osage Mission: 182, _footnote_

  Osage River Agency: 208, _footnote_

  Osage Treaty: 157 and _footnote_;
    lands, in Kansas guaranteed by, 162;
    model on subject of rendition of slaves, 167;
    navigable waters, 175;
    negotiated, 237

  Osages: indigenous to Kansas, 19;
    Great and Little, 20, _footnote_;
    reservation invaded, 35, 295;
    determined to resist removal, 36;
    Roman Catholicism among, 38 members of Neosho River Agency, 51;
    negotiations with Pike, 137, _footnote_;
    described as "lazy," 208, _footnote_;
    letter to, from John Ross, 235, 236, _footnote_;
    bands of, 237

  Otis, Elmer: 210, _footnote_

  Otoes: 209, _footnote_

  Ottawas: from Michigan, 19;
    regard removal as useless, 36, _footnote_;
    Baptists among, 38

  Ozark Mountains: 19, _footnote_


  Pacific Railroad Surveys: cited, 54, _footnote_

  Pa-hiu-ska: 238, _footnote_

  Panola: county of, 68, _footnote_

  Pape, Henry: 182, _footnote_

  Park Hill: Cherokee school at, 39, _footnote_;
    residence of John Ross, 135, _footnote_, 188, footnote;
    John Ross at, 150;
    W. S. Robertson retires to, 218, _footnote_;
    Pike invited to, 234;
    treaties negotiated at, 237

  Parker, Eli S: 228, _footnote_

  Parker, Thomas Valentine: work cited, 49, _footnote_

  Parks, Robert W: 355

  Pas-co-fa: 198 and _footnote_, 319

  Pawnees: purchase from, 33, _footnote_;
    offer to enlist in U. S. army declined, 227, _footnote_

  Pea Ridge: battle of, 138, _footnote_, 284

  Pearce, N. Bart: 120, 131

  Pegg, Major: 256, 257

  Peoria, Baptiste: 235, _footnote_

  Peorias: from Illinois, 19

  Petition: of Representative John J. McRae, 20, _footnote_

  Phelps, J. S: 81, _footnote_; 211, _footnote_, 240, _footnote_

  Phillips, U. B: work cited, 134, _footnote_, 191, _footnote_

  Piankeshaws: from Illinois, 19

  Pickens: county of, 68, _footnote_

  Pierce, Franklin: 41, _footnote_, 56, _footnote_

  Pike, Albert: dislike of Van Dorn, 55, _footnote_;
    concerned with Choctaw Corn Contract, 57, _footnote_;
    and Choctaw commissioners, 78;
    writes to Seminole chief, 84, _footnote_;
    telegram, 105, _footnote_;
    poem in honor of Elias Rector, 106;
    correspondence with Robert Toombs, 129, 131, 134 and _footnote_, 152
        and _footnote_;
    appointed by President Davis special commissioner to Indians west of
        Arkansas, 130;
    correspondence with R. W. Johnson, 131, 132;
    writings, 132, _footnote_, 133 and _footnote_;
    unjust to John Ross, 134, _footnote_;
    commissioner from Arkansas, 190-191;
    views on use of Indians as soldiers, 149;
    continues intercourse with Ridge Party, 156 and _footnote_;
    moderate in promises to strong tribes, 163;
    assumes financial obligations in name of Confederacy, 163-164;
    opens communication with Indian field service, 180-181;
    offers post to Leeper, 180, _footnote_;
    negotiates with Creeks, 192-195;
    negotiates with Choctaws and Chickasaws, 196-197;
    negotiates with Seminoles, 197-199;
    negotiates with western Indians, 200-202, 200, _footnote_;
    report submitted by President Davis to Provisional Congress, 202;
    invited to be present at consideration of Indian treaties, 205;
    desires to raise an Indian battalion from Kansas, 208;
    informed of Cherokee willingness to treat, 234;
    assigned to command of Indian Territory, 253-254, 322;
    Van Dorn's plans for, 280, 283;
    retires to Fort McCulloch, 284;
    continues Charles B. Johnson as contractor, 301-303;
    receives Leeper's apology, 356

  Pike, W. L: 194

  Pine Ridge: 43, _footnote_

  Pins: 86, _footnote_, 135, _footnote_, 137, _footnote_, 138, _footnote_,
        216

  Pioneers: 18, _footnote_

  Pitchlynn, P. P: 74, 77

  Pitchlynn, W. B: 197

  Policy: of U. S. government with respect to Indians, 18;
    of Confederate States government, 147

  Politicians: as influencing Indian policy of government, 18, _footnote_;
    motives of, 21;
    demands of, for Indians, 31;
    reason for urging secession among Indians, 98, _footnote_;
    unjust charges against Ross, 150

  Polk, James K: work cited, 49, _footnote_, 166, _footnote_

  Pomeroy, Samuel C: 231, _footnote_

  Pontotoc: county of, 68, _footnote_

  Pope, John: 105, _footnote_

  Population: of Indian country, 20-21;
    of southern superintendency, 211, _footnote_;
    of Creek Nation as estimated by Agent Garrett in report to Hubbard,
        252-253, _footnote_

  Postal system: to be maintained by Confederate States throughout Indian
        country, 180

  Potawatomies: from Indiana, 19;
    Roman Catholicism among, 38;
    Southern Baptists among, 38

  Poteau River: 108

  Presbyterian Board of Foreign Missions: 37, _footnote_, 40, _footnote_,
        41, 79

  Presbyterians (Old School): 38, _footnote_, 39, 40, _footnote_, 41

  Price, Sterling: 138, _footnote_, 225, 257, _footnote_, 280, 283, 312,
        326, 334

  Prince, J. E: 98, _footnote_, 231, _footnote_

  Proclamation: of Ross pledging Cherokee neutrality, 153-154;
    of Hudson announcing Choctaw independence, 196, 210

  Pro-slavery men: intrenched among Shawnees south of Kansas River, 35;
    settled upon Cherokee Neutral Lands, 35, _footnote_

  Protectorate: over Indian tribes suggested, 130, 142, 158, 190

  Provisional Congress of Confederate States: act of, May 21, 1861, 130,
        158 and _footnote_;
    considers treaties with Indian tribes, 202-206

  Pulliam, Richard P: 183, _footnote_, 184, 294, 295, 297, 311, 324

  Pushmataha: George Folsom, chief of district of, 23, _footnote_;
    District of, 34, _footnote_


  Quakers: 39

  Quantrill, Wm. Clarke: 48, 214, _footnote_

  Quapaw Treaty: 157 and _footnote_

  Quapaws: 51, 64, 67;
    in council with Creeks, Cherokees, Seminoles, and Sacs, 94;
    negotiations with Pike, 136, _footnote_, 235, _footnote_, 237

  Quesenbury, William: 183, _footnote_, 184, 190, _footnote_, 194, 303, 323


  Ray, P. Orman: work cited, 22, _footnote_, 34, _footnote_, 38, _footnote_

  Reagan, J. H: 230, _footnote_

  Rector, Elias: superintends removal of Seminoles, 20, _footnote_, 182,
        _footnote_;
    demands for Indians, 31, _footnote_;
    Cooper writes to, 42;
    urges that Frozen Rock be converted into military post, 53;
    enters into sort of private contract with Johnson and Grimes, 56 and
        _footnote_;
    Grimes and, 57, _footnote_, 285-289;
    relieved, 80, _footnote_;
    seconds efforts of cousin, 106;
    suggestion to Cooper, 106-107, _footnote_, 187;
    gives letter of introduction to Gaines, 113;
    gives information concerning Choctaws and Chickasaws, 120;
    attempt of U. S. government to find successor to, 182;
    uncertainty as to when entering Confederate service, 182, _footnote_;
    interview with Pike, 190, _footnote_;
    in company of Pike, 197, 198, _footnote_;
    writes to Leeper, 199, _footnote_;
    expense account of, 304;
    complaint against Pike, 328

  Rector, Henry M: 102, 112

  Red Fork of Canadian: 67, 255

  Red River: 55, 63, 77, 91, 95, 100 and _footnote_, 108, 139, _footnote_,
        175, 347, 349

  Refugees: Opoethleyohola, leader of, 195;
     Coffin prepares to meet, 259;
    take up station between Verdigris and Arkansas Rivers, 259;
    approximate number of, 260 and _footnote_;
    sufferings of, 260-261 and _footnotes_, 265, _footnote_, 272;
    absolute destitution of, 273, _footnote_;
    Dole furnishes supplies to, 274;
    joint resolution for relief of, 274;
    annuities of hostile Indians to be diverted to relief of, 274 and
        _footnote_

  Regiment: Colonel Cooper's filled with Texans, 78;
    Choctaw-Chickasaw and Creek, 210-211;
    Creek, to elect its own officers, 213;
    Drew's, organized, 226-227;
    work and character of Drew's, 240 and _footnote_;
    of Choctaw-Chickasaw Mounted Rifles, of Creeks, and of Cherokee
        Mounted Rifles, 252, _footnote_, 262, _footnote_;
    Drew's deserts Cooper, 256;
    only one white, in whole Indian Department, 280;
    Leeper asks for at least one, to keep order on Reserve, 349

  Reid, Alexander: 76, 78

  Removal: of Indiana more or less compulsory, 19 and _footnote_;
    slavery advanced as objection to Indian, 21-22;
    makes no difference in matter of slavery among Indians, 22;
    difficulties within Indian country incident to, 27;
    Calhoun's plan for, 27;
    U. S. government slow to adopt policy of, 27-28;
    settlers demand, of Indians from Kansas, 36;
    certain tribes contemplating, 36, _footnote_;
    of Indians from Kansas delayed on account of Civil War, 37;
    _Missionary Herald_ useful for history of, 40, _footnote_;
    reasons for, 48;
    project for, of Cherokees causes dissensions within tribes, 49;
    of Texas Indians, 52;
    Wichitas ask for immediate, 56;
    guarantee of territorial integrity in treaties arranging for, 160-161;
    indemnification for, 164-166;
    Choctaw claims under treaty of, 196

  Reservation: system, introduced into trans-Missouri region, 21;
    Creeks disgusted with idea of individual, 58

  Reserve Indians: see _Indians of Leased District_, _Wichitas_,
        _Tonkawas_, _Euchees_, etc.

  Resolutions: of Choctaws, February 7, 1861, 72-74, 75;
    of Chickasaw Legislature, May 25, 1861, 122-124 and _footnote_;
    offered by Chilton of Alabama, 127;
    offered by Toombs for appointment of special agent to Indian tribes,
        129;
    of Choctaws and Chickasaws showing friendly disposition towards South,
        130 and _footnote_;
    passed at Cherokee mass-meeting at Tahlequah, August, 1861, 218,
        _footnote_, 223-225;
    joint, for relief of Indian refugees in Kansas, 274

  Rhodes, J. F: work cited, 45, _footnote_, 129, _footnote_, 146,
        _footnote_

  Richardson, James D: work cited, 129, _footnote_, 158, _footnote_, 202,
        _footnote_

  Ridge, John: 47, _footnote_

  Ridge, or Treaty Party: in favor of Cherokee removal, 49;
    connives with Ben McCulloch to circumvent wishes of Chief Ross, 151;
    minority party, 153;
    Pike's intercourse with, continues, 156;
    attempts to develop public sentiment in favor of Confederacy, 215;
    collision with Ross faction, 240

  Robertson, W. S: 101, _footnote_, 192, _footnote_, 218, _footnote_

  Robinson, Charles: 228, 234

  Rock-a-to-wa: 231, _footnote_

  Rogers, H. L: 332, 333, 336, 337

  Rolla: W. S. Robertson fleeing from Indian country, reaches, 218,
        _footnote_

  Roman Catholics: 38, _footnote_

  Ross, John: correspondence, 69, _footnote_, uncle of Wm. P. Ross, 71;
    instructions of, 71, _footnote_;
    influence, 72;
    character, 72, _footnote_;
    letter of Dole to, 80, _footnote_;
    no one firmer friend to Union than, 86, _footnote_;
    correspondence with John B. Ogden, 89, _footnote_, 115, _footnote_;
    called upon by commissioners from Texas, 93;
    letter from Governor Rector, 112;
    letter to Rector, 117;
    letter from citizens of Boonsboro, 111, _footnote_, 124;
    J. R. Kannady communicates with, 125;
    issues proclamation of neutrality, 125, 153-154;
    Albert Pike unjust to, 134, _footnote_;
    letter of Hubbard to, 144-145;
    reply to Hubbard, 146-147;
    correspondence with Ben McCulloch, 149-151;
    sincerity possibly doubted, 168;
    declared shrewd, 189, _footnote_;
    Ridge Party attempts to undermine popularity, 215;
    attends meeting of Cherokee Executive Council, 217;
    address, 220, 223;
    suspected of not acting in good faith, 226;
    notifies Pike of Cherokee willingness to treat, 234;
    communicates with Creeks and Osages, 235;
    called upon to rally Cherokees, 256

  Ross, Lewis: 138, _footnote_

  Ross, Mrs. John: 220, _footnote_

  Ross, Mrs. William P: work cited, 71, _footnote_

  Ross, William P: 71, 89, _footnote_, 116, _footnote_, 137, _footnote_,
        139, _footnote_, 217, 223

  Ross, W. W: 210, _footnote_

  Ross Party: opposed to removal, 49;
    majority party, 153

  Round Mountain: 255

  Route: of Opoethleyohola's retreat, 261-262 and _footnote_

  Rust, Albert: 105, _footnote_

  Rutherford, A. H: 30, _footnote_, 190, _footnote_

  Rutherford, Samuel M: 86, _footnote_, 183, 199 and _footnote_, 319


  Sackett, Major: 98, _footnote_

  Sacs and Foxes: of Missouri, 36, _footnote_

  San Antonio: 52, _footnote_

  Sands: see _Ok-ta-ha-hassee Harjo_

  Schoenmaker, John: 182, _footnote_

  Scott, S. S: 198, _footnote_, 201, _footnote_, 314, 321

  Scott, Winfield: 88, _footnote_, 97, 249

  _Scottish Songs_: work cited, 108, _footnote_

  _Screw Fly_: work cited, 56, _footnote_

  Scullyville: Choctaw constitution of, 51;
    Creek regiment forming at, 211

  Sebastian, William K: 106, _footnote_, 287

  Secession: meeting held by white men and Choctaw half-bloods, 77;
    Presbyterian ordained missionaries favor, 79;
    Indian country threatened by advocates for, 80;
    Indian agents active for, 82-83 and _footnote_;
    mercenary motives in urging, 98, _footnote_;
    sentiment in Arkansas, 103 _et seq._;
    Pike offers arguments for, 133;
    secret organization of "Pins," 135, _footnote_;
    Stand Watie's party afraid to raise flag of, 140, _footnote_;
    large element within Cherokee Nation favors, 153;
    Griffith appointed commissioner to interview Indians in interests of,
        184;
    Indian opponents absent from Pike's meeting at North Fork Village, 192;
    Jones most prominent of Choctaw advocates, 197;
    traces of influence of, 208;
    August mass-meeting of Cherokees ending in, 217

  Second Seminole War: 20, _footnote_, 23, _footnote_, 164, _footnote_,
        164-166

  Secret Society: purpose of organization, 32, _footnote_;
    in Missouri, 35, _footnote_;
    among full-blooded Cherokees, 48;
    "the Pins," 86, _footnote_, 135, _footnote_, 216;
    among Cherokees for abolition purposes, 291, 293;
    Greenwood orders its dissolution, 292;
    Cowart's views upon schemes of, 294

  Sells, Elijah: 186, _footnote_

  Seminole Treaty: 157 and _footnote_;
    declares allegiance to C. S. A., 159, _footnote_;
    contains guarantee of autonomy, 159, _footnote_;
    contains promise of representation in Congress, 159, _footnote_;
    negotiated, 197-199, 197, _footnote_;
    considered by Provisional Congress, 206

  Seminoles: from Florida, 20;
    removal in late fifties, 20, _footnote_;
    status of free negro among, 40;
    Presbyterians among, 40;
    manifest only slight interest in education, 40, _footnote_;
    given home in Creek country, 50;
    destitute, 57, _footnote_;
    representatives at inter-tribal conference, 71;
    letter to chief of, 80, _footnote_;
    condition reported by Carruth, 84, _footnote_;
    in council with Creeks, Cherokees, Quapaws, and Sacs, 94;
    negotiations of Pike with, 136, _footnote_;
    complaint against General Jesup, 164, _footnote_;
    Rector's transactions with, 182, _footnote_

  Seneca and Shawnee Treaty: 157 and _footnote_

  Senecas: 51, 64, 67;
    negotiations of Pike with, 136, _footnote_;
    from Cattaraugus Reservation, 227, _footnote_

  Senecas and Shawnees: 51, 64, 67;
    negotiations of Pike with, 136, _footnote_, 237

  Settlers: in Kansas demand that Indians vacate territory, 36

  Seward, William H: reference to "higher law" speech, 42, _footnote_;
    Chicago speech, 58, 75;
    Senate speech, 58

  Shawnee Manual Labor School, 38

  Shawnee Mission: work of Rev. Thomas Johnson at, 22, _footnote_

  Shawnees: from Ohio, 19;
    tarry in Missouri, 19, _footnote_;
    pro-slavery men among, 35;
    reported by Agent Dorn as anxious to leave Kansas, 36, _footnote_;
    Baptist school on reservation of, 38;
    Southern Methodists among, 38;
    as refugees, 57, _footnote_;
    trouble over tribal elections, 209, _footnote_;
    attack Wichita Agency, 329, _footnote_

  Shon-tah-sob-ba [Black Dog]: 235, _footnote_, 238, _footnote_

  Short Bird: 319

  Shoshone: suggested territory of, 32, _footnote_

  Siebert, W. H: work cited, 23, _footnote_, 49, _footnote_

  Sigel, Franz: 215, _footnote_

  Simon, Ben: 329, _footnote_

  Sioux: uprising, 21, _footnote_;
    warriors, 227, _footnote_

  Slaughter, Thomas C: 208

  Slavery: in Kansas, 22;
    encouraged, 22;
    among Southern Indians, 22, 292;
    influence of churches upon, 37;
    white men to prevent abolition among Indians, 42;
    opposition among Choctaws and Chickasaws, 45;
    is being interfered with by intruders, 47;
    cause in jeopardy among Cherokees, 48;
    North to exterminate among Indians, 145;
    recognized as legal institution by treaties, 166 and _footnote_;
    offers easy solution of labor problem, 219;
    Cowart reports complaints of interference with, 293

  Slaves: 22, 142, 143, 144-145, 165, 166, _footnote_, 167, _footnote_,
        172, 216, 261

  Smith, Andrew J: charges against, 41, _footnote_

  Smith, Caleb B: 74, _footnote_, 183, 242, 271, 274, 275

  Smith, E. Kirby: 100, _footnote_

  Smith, John G: 192

  Smith, William R: work cited, 108, _footnote_, 109, _footnote_

  Snow, George C: 198, _footnote_, 199, _footnote_

  Southern Baptist Convention: 39, _footnote_

  Southern Baptists: 38, 39

  South Carolina: 20, _footnote_

  Southern Indians: 18, 21, 32, 34, 36

  Southern Methodists: 38, 39, 40

  Southern Superintendency: 30, _footnote_

  Sparrow, Edward: 127

  Spencer Academy: 40, _footnote_, 75, 76, 78

  Springfield: 214, _footnote_, 217, 255, 283, 312, 334

  Spy companies: reported equipped by Federals, 306

  Stand Watie: 49, _footnote_, 137, _footnote_, 153, 156, _footnote_, 227,
        240, 283, 324

  Stanton, Edwin M: 276, 279

  Stanwood, Edward: work cited, 106, _footnote_

  Stark, O. P: 76

  State Department (C. S. A.): Albert Pike, commissioner from, 134,
        _footnote_, 152;
    Bureau of Indian Affairs, part of, 188, _footnote_

  Stephens, Alexander H: work cited, 118, _footnote_, 119, _footnote_

  Stevens, R. S: 209, _footnote_

  Stevens, Thaddeus: 210, _footnote_

  Stidham, G. W: 194

  Stocks: 61, 76, 203, _footnote_

  Stockton, G. B: 107, _footnote_, 186, _footnote_

  Strain, J. H: 285, 287

  Sturm, J. J: 199, 201, _footnote_, 330, 331, 353, 357

  Sumner, Charles: 45, _footnote_

  Sur-cox-ie: 268, _footnote_

  Surveyors: 53


  Tahlequah: 39, _footnote_, 93, 188, _footnote_, 217, and _footnote_,
        218, _footnote_, 226, 234, 237, 293

  Tallise Fixico: 194

  Tatum, Mark T: 50, _footnote_, 104, _footnote_, 296

  Taylor, J. W: 193, _footnote_

  Taylor, N. G: 30, _footnote_

  Tennessee: Cherokees from, 20;
    John J. Humphreys from, 185

  Tenney, W. J: work cited, 90, _footnote_

  Tents: furnished to refugees, 261

  Territorial expansion: 28, 58

  Territorial form of government: 30, 31, _footnote_, 33

  Texas: indigenous tribes in, 19, _footnote_;
    Indians expelled from, 19, _footnote_, 52, 340;
    Cherokees in, 20, _footnote_;
    annexed, 28;
    troops from, 53;
    Indian patronage, 59;
    Indian participation in Civil War, 63;
    interest in Indian Territory, 67;
    interest in securing alliance of Indians, 83, 88, 90;
    interest in amnesty provisions of Indian treaties, 175-176;
    commissioners from, 183;
    attitude of northern countries of, 200, _footnote_;
    desires Reserve Indians placed under her jurisdiction, 297

  Texas Historical Association _Quarterly_: work cited, 20, _footnote_

  Texas Superintendency: 56, _footnote_

  Thomason, Hugh F: 202, 335

  Thompson, Jacob: 45, _footnote_, 46, 54, 56, _footnote_

  Tishomingo: county of, 68, _footnote_

  Tonkawas: 52 and _footnote_, 189, _footnote_, 200, 201, _footnote_, 340,
        353

  Toombs, Robert: 129, 131, 134 and _footnote_, 135, _footnote_, 152

  Totten, James: 103, 104

  Traders: 22, 27, 59-60, 169 _et seq._, 193, _footnote_, 238-239, 319

  Trammel, Dennis: 288, 289

  Treat, S. B: 43, _footnote_

  Treaties: 34, _footnote_, 37, _footnote_, 53, 78, 84, _footnote_, 102,
        117, 122, _footnote_;
    made with Indians as with foreign powers, 17;
    Ohio desires information as to Manypenny, 33, _footnote_;
    relations to U. S. in, 70, _footnote_;
    obligation to abide by, 71, _footnote_;
    reduction of forts violation of guaranties in, 97, _footnote_;
    resulting from council at Tahlequah, 237 _et seq._;
    with the Cherokees in part the result of intimidation, 240, _footnote_;
    with the Neosho Agency Indians, 241;
    money due the Creeks under, 289;
    Pike reports all ratified, 320;
    amendments to, 323;
    manuscript copies of, 329-330, _footnote_;
    no Indian Department to be organized until ratification of, 331;
    terms of the, with the wild Indians, 352;
    Leeper makes a, with the Comanches, 354-355

  TROOPS:
    _Confederate_--in Cherokee country, 136, _footnote_;
      no Arkansas, available, 253, _footnote_;
      Van Dorn's erroneous surmise as to proportion of white, in Pike's
        brigade, 280;
      Van Dorn's plans as to disposition of, 283;
      Leeper inquires when, may be expected, 310;
      Pike's confidence in white, 320;
      lack of, in Leased District, 343, 349;
      non-arrival of, 345.
    _Indian_--Confederacy secure before negotiation of treaties of
        alliance, 207;
      plans for distribution of, 207;
      Cherokee, under McCulloch, 226-227;
      Northern, offer to furnish U. S. with, 227, _footnotes_;
      large and increasing number in Indian Territory, 252;
      not possible to keep order, 346.
    _United States_--few within Indian country, 52-53;
      Secretary Floyd disposed to withdraw from Indian frontier, 53;
      from Texas ordered to protect U. S. surveyors, 53;
      number to be retained in Indian country queried, 72, _footnote_;
      Carruth reports all gone from Indian Territory, 86, _footnote_;
      ordered to leave, 87 and _footnote_;
      disposition, reported upon by Texas commissioners, 95;
      under Emory ordered to Indian Territory, 96 _et seq._;
      flee from Indian Territory, 101;
      dissatisfaction at reported change in disposition in Arkansas, 103,
        105;
      to counteract influence of secessionists, 216;
      method of warfare under Lane, 233;
      Dole urges to re-occupy Indian Territory, 241;
      sudden withdrawal spreads alarm in Leased District, 299

  _True Democrat_: work cited, 47, _footnote_, 48, _footnote_, 106,
        _footnote_

  Tuckabatche Micco: 51, _footnote_

  Tuckabatchee Town: 193, _footnote_

  Tulsey Town: 255

  Turnbull, John P: 189, _footnote_

  Turner, J. W: 260, 272, _footnote_

  Tusaquach: 247

  Tush-ca-horn-ma: district of, 179

  Twiggs, D. E: 55, _footnote_, 87


  Umatilla: suggested territory of, 32, _footnote_

  Underground railroad: 40

  Upper Arkansas Agency: 210, _footnote_

  Upper Creeks: 50, 208, _footnote_, 191, _footnote_, 192, 193,
        _footnote_, 236, _footnote_, 244, 319

  Usher, John P: 56, _footnote_, 228, _footnote_


  Van Buren (Ark.): 64, _footnote_

  Van Dorn, Earl: 55, 138, _footnote_, 280, 283

  Vann, Joseph: 217, 223

  Verdigris River: 259, 272


  Wah-pa-nuc-ka Institute: 40, _footnote_

  Walker, David: 116, 298

  Walker, Leroy P: 119, 127, 142, 147, 151, 161, 200, _footnote_, 207,
        215, _footnote_

  Walker, William: head chief of the Wyandots, 22, _footnote_

  Walker, William: 105, _footnote_

  Wall, David: 23, _footnote_

  Walnut Creek: 259

  War Department: C. S. A., 128, _footnote_, 139, _footnote_, 140,
        _footnote_, 193, _footnote_, 257, _footnote_;
    U. S. A., 52, 80, 87, 96, 228, _footnote_, 234, 241, 250, 264-265, 275

  Washburn, J. W: 84, _footnote_, 164, _footnote_, 238, and _footnote_

  Washita: Indians driven from country of, 19, _footnote_

  Wattles, Augustus: 229, _footnote_

  Waul, Thomas N: 127, 205

  Weas: from Illinois, 19

  Weber's Falls: 86, _footnote_

  Welch, George W: 84, _footnote_

  West Florida: seizure of, 28

  West Point: 215, _footnote_

  Wheelock: Choctaw school, 39, _footnote_

  White, Joseph: 209, _footnote_

  White, S. W: letter of, 33, _footnote_

  White Cloud: 227, _footnote_

  Whitney, Henry C: 208 and _footnote_

  Whittenhall, Daniel S: 350

  Wichita Agency: site for, 54, 56, _footnote_, 136, _footnote_;
    attack upon, 329, _footnote_

  Wichita Mountains: 51, 55

  Wichita Treaty: 157, _footnote_, 158, 163, 176

  Wichitas: 52;
    colonization of, 55;
    subsistence given to, 57, _footnote_;
    Leased District of, 63;
    colonized on land claimed as their own, 166;
    Pike hopes to meet, 189, _footnote_;
    Pike fears hostility of, 200;
    refuse to be cajoled or intimidated, 201

  Wilson, Henry: work cited, 32, _footnote_

  Wilson, William: 23, _footnote_

  Wilson's Creek: battle of, 225

  Winneconne: 219, _footnote_

  Wisconsin: tribes from, 19

  Wolcott, Edward: 273, _footnote_

  Worcester, Reverend S. A: 23, _footnote_;
    opposed to slavery, 41

  Wyandots: from Ohio and Michigan, 19;
    William Walker, head chief of, 22, _footnote_;
    initiate movement for organization of Nebraska Territory, 34;
    interested in Kansas election troubles, 34, _footnote_;
    Methodism, 38


  Yancton Sioux: Agent Burleigh suggests that garrison Fort Randall, 227,
        _footnote_

  Young, William C: 100

  Yulee, David L: 238, _footnote_




FOOTNOTES:

[1] Confessedly much to its discredit, the United States government has
never had, for any appreciable length of time, a well-developed and
well-defined Indian policy, one that has made the welfare of the
aborigines its sole concern. Legislation for the subject race has almost
invariably been dictated by the needs of the hour, by the selfish and
exorbitant demands of pioneers, and by the greed and caprice of
politicians.

[2] There were, of course, other indigenous tribes to the westward, in the
direction of Colorado and Texas, and to the northward, in southern
Nebraska; but only the latter were more than remotely affected, as far as
local habitation was concerned, by the coming of the eastern emigrants and
the consequent introduction of the reservation system.

[3] Kansas Historical Society _Collections_, vol. viii, 72-109.

[4] In scarcely a single case here cited was the old home of the tribe
limited by the boundaries of a single state nor is it to be understood
that the state here mentioned was necessarily the original habitat of the
tribe. It was only the territorial headquarters of the tribe at the time
of removal or at the time when the policy of removal was first insisted
upon as a _sine qua non_. Some of the Indians emigrated independently of
treaty arrangements with the United States government and some did not
immediately direct their steps towards Kansas or Oklahoma; but made,
through choice or through necessity, an intervening point a
stopping-place. The Kickapoos, the Shawnees, and the Delawares tarried in
Missouri, the Choctaws and the Cherokees, many of them, in Arkansas but
that was before 1830, the date of the removal law. After 1830, there was
no possible resting-place for weary Indians this side of the Ozark
Mountains.

[5] Some of the more insignificant southern Indians eventually found their
way also to Oklahoma. In 1860 there were a few Louisiana Caddoes in the
northwestern part of the Chickasaw country, most likely the same that, in
1866, were reported to have been driven out of Texas in 1839 by
bushwhackers and then out of the Washita country at the opening of the
Civil War. They continued throughout the war loyal to the United States.
In 1853 the Choctaw General Council passed an act admitting to the rights
of citizenship several Catawba Indians; and from that circumstance, the
Office of Indian Affairs surmised that the Choctaws would be willing to
incorporate Catawbas yet in the Carolinas. In 1857 there were about
seventy Catawbas in South Carolina on a tiny reservation. They expressed
an ardent wish to go among the Choctaws. In 1860 the Catawbas were in
possession of the northeastern part of the Choctaw country.

[6] For the detailed history of events leading up to Indian removals,
particularly the southern, see American Historical Association, _Report_,
1906, 241-450.

[7] Not all of the southern Indians had emigrated in the thirties and
forties. A considerable number of Cherokees removed themselves from the
country east of the Mississippi to Texas. This was immediately subsequent
to and induced by the American Revolution [Texas Historical Association,
_Quarterly_, July, 1897, 38-46 and October, 1903, 95-165]. Many Cherokees,
likewise, took the suggestion of President Jefferson and moved to the
Arkansas country prior to 1820. Moreover, there were "Eastern Cherokees"
in controversy with the "Western Cherokees" for many years after the Civil
War. Their endless quarrels over property proved the occasion of much
litigation. In the late fifties active measures were taken by the Office
of Indian Affairs to complete the removal of the Seminoles and to
accomplish by intrigue and diplomacy what the long and expensive Second
Seminole War had utterly failed to do. Elias Rector of Arkansas
superintended the matter and the Seminole chief, John Jumper, gave
valuable assistance, as did also the Creeks, who generously granted to the
Seminoles a home within the Creek country west [Creek Treaty, 1856,
Kappler's _Indian Laws and Treaties_, vol. ii, 757]. Billy Bowlegs was the
last Seminole chief of prominence to leave Florida [Coe's _Red Patriots_,
198]. In 1853 there were still some four hundred Choctaws reported as
living in Alabama and there must have been even more than that in
Mississippi. In 1854 steps were taken, but unsuccessfully, for their
removal. In 1859 Representative John J. McRae presented a petition from
citizens of various Mississippi counties asking that the Choctaws be
removed altogether from the state because of their intimacy and
intercourse with the negroes. The Office of Indian Affairs refused to act.
Perchance, it considered the moment inopportune or the means at hand
insufficient. It may even have considered the charge against the Choctaws
a mere pretext and quite unfounded since it was commonly reported that the
Choctaws had a decided aversion to that particular kind of race mixture.
In that respect they differed very considerably from the Creeks who to-day
are said to present a very curious spectacle of an almost complete
mixture. Choctaws from Mississippi and Cherokees from North Carolina and
Catawbas from South Carolina fought with the South in the Civil War.

[8] Other Indians made trouble during the progress of the Civil War, as,
for instance, the Sioux in the summer of 1862. The Sioux, however, were
not fighting for or against the issues of the white man's war. They were
simply taking advantage of a favorable occasion, when the United States
government was preoccupied, to avenge their own wrongs.

[9] The existence of the "Cherokee Neutral Land" out of which the
southeastern counties of Kansas were illegitimately formed was not exactly
an exception to this. The Neutral Land, eight hundred thousand acres in
extent, was an independent purchase, made by the Cherokees, and was not
included in the exchange or in the original scheme that forced their
removal from Georgia. It was a subsequent concession to outraged justice.

[10] By far the best instance of missionary activity in behalf of slavery
among the northern Indian immigrants is to be found in the case of the
Reverend Thomas Johnson's work at the Shawnee Mission [Ray's _Repeal of
the Missouri Compromise_, footnote 207]. Johnson, like William Walker,
head chief of the Wyandots, was an ardent pro-slavery advocate [_ibid._,
footnote 205] and took a rather disgracefully prominent part in the
notorious election frauds of early Kansas territorial days [House
_Report_, 34th congress, first session, no. 200, pp. 14, 18, 94, 425].

[11] Buchanan's _Works_, vol. iii, 348, 350, 353.

[12] Siebert's _Underground Railroad from Slavery to Freedom_, 284.

[13] The most interesting case that came up in this connection was that of
the so-called Beams' Negroes, resident in the Choctaw country and
illegally claimed as refugees by John B. Davis of Mississippi [Indian
Office, _Special Files_, no. 277]. The Reverend S. A. Worcester interested
himself in their behalf [Jefferson Davis to Worcester, October 7, 1854]
and a decision was finally rendered in their favor. Another interesting
case of similar nature was, "In re negroes taken from Overton Love and
David Wall of the Chickasaw Nation by Citizens of Texas, 1848-'57"
[_ibid._, no. 278].

[14] Under the Intercourse Law of 1834, the Indian Territory had been
annexed for judicial purposes to the western district of Arkansas. The
Indians were much dissatisfied. They felt themselves entitled to a federal
court of their own, a privilege the United States government persistently
denied to them but one that the Confederate government readily granted. As
matters stood, prior to the Civil War, the red men seemed always at the
mercy of the white man's distorted conception of justice and were,
perforce, quite beyond the reach of the boasted guaranties of theoretical
Anglo-Saxon justice since the very location of the court precluded a trial
by their peers of the vicinage. The journey to Arkansas, in those early
days, was long and tiresome and expensive. Complications frequently arose
and matters, difficult of adjustment, even under the best of circumstance.
Among the Creeks and Seminoles, the status of the free negro was
exceptionally high, partly due, with respect to the latter, to conditions
growing out of the Second Seminole War. As already intimated, the Creeks
had no aversion whatsoever to race mixtures and intermarriage between
negroes and Indians was rather common. The half-breeds resulting from such
unions were accepted as bona fide members of the tribe by the Indians in
the distribution of annuities, but not by the United States
courts--another source of difficulty and a very instructive one as well,
particularly from the standpoint of reconstructionist exactions.

Occasionally the presence of the free negro within the Indian country was
a source of grave danger. The accompanying letters outline a case in
point:

    HEAD QUARTERS 7TH. MIL: DEPT. FORT SMITH, March 5th. 1852.

    SIR: By direction of the Colonel commanding the Department I transmit
    herewith copies of a communication from George Folsom, Chief of the
    Pushmataha District, to Colonel Wilson Choctaw Agent and one from
    Colonel William Wilson Choctaw Agent to Brevet Major Holmes commanding
    Fort Washita asking aid from the Military force.

    As the letter from the Choctaw Agent is not sufficiently explicit as
    to what he wishes done by the Military authority the subject is
    referred to you, and if on investigation it be found that Military
    interference is necessary to enforce the intercourse law, prompt
    assistance will be rendered for the purposes therein specified, under
    the direction and in presence of the Choctaw Agent. Respectfully Yr
    Obt. Servt.,

        FRANCIS N PAGE, Asst. Adjt. Genl.

    Colonel John Drennen, Superintendent W. T.


    _Inclosure_

    CHOCTAW AGENCY, February 9th 1852

    SIR: The enclosed copy of a letter from Colonel George Folsom Chief of
    Pushmataha District of the Choctaw Nation will put you in possession
    of the facts and reasons why I address you at this time.

    As the position of the free Negros and Indians alluded to in the
    Chief's letter seems to be of rather a hostile character, having built
    themselves a Fort doubtless for the purpose of defending themselves if
    interupted in their present location, it seems to me necessary that
    they should be driven away if necessary by Military authority; and, as
    your post is the most convenient to the place where the Negroes and
    Indians are Forted I have thought that a command could be sent with
    less trouble and at less expense to the government by you than any one
    else. I would therefore most respectfully call upon you to take such
    steps as you may think most advisable to remove from the Choctaw
    country the persons complained of by the Chief, and if necessary call
    upon Chief Folsom to aid you with his light horse, who may be of much
    service to you in the way of Guides. Very Respectfully Yr. Obt Servt.

        (Signed) WILLIAM WILSON, Choctaw Agent

    [Endorsement] A true Copy, Francis N Page, Asst. Adjt. Genl.


    _Inclosure_

    PUSHMATAHA DISTRICT, January 23. 1852.

    DEAR SIR: I spoke to you about those free negroes upon the head waters
    of Boggy, when I last saw you, requesting to have something done with
    them. I have just learned that the negroes and some Indians are banded
    together and have built themselves a little Fort. There is no doubt
    but that they will be a great trouble to us. One of our country judges
    sent for the light-horse-men to go and seize the negroes, but I have
    forbid them going, and many of our people wish to go and see them. I
    have forbid any body to go there with intentions to take them. It will
    no doubt be hard to break them up. You have probably just returned
    home, and it may seem tresspassing upon you to write you about those
    negroes and Indians, but you are our agent and we have the right to
    look to you for help. It seems to me this affair wants an immediate
    action on it.

    I have simply stated to you how these negroes and Indians are Forted
    up that you may better know how to deal with them. In purforming your
    duties if I can in any way render you any assistance I shall always be
    happy to do so. Very respectfully Your friend

        (Signed) GEORGE FOLSOM, Chief Push: Dist:

    Col: William Wilson, Choctaw Agent [Endorsement] a true Copy, Francis
    N Page, Asst. Adjt. Genl.

[15] Buchanan's _Works_, vol. x, "the Catron letter," 106; "the Grier
letter," 106-107.

[16] This was as it appeared to N. G. Taylor, Commissioner of Indian
Affairs, as he looked back, in 1867, upon events of the past few years. He
was then of the opinion that the very existence of slavery among the
southern tribes had most probably saved their country from being coveted
by emigrants going westward.

[17] One agency under the Southern Superintendency, the Neosho River
Agency, was, however, included in the scheme preliminary to the
organization of Kansas and Nebraska. See the following letters found in
Thomas S. Drew's _Letter Press Book_:

    (a) OFFICE SUPT. IND. AFFAIRS FORT SMITH, ARKS., Dec. 21, 1853.

    SIR: Inclosed herewith you will receive letters from Agent Dorn, dated
    the 1st and 2nd instant; the former in relation to the disposition of
    the Indians within his agency to meet Commissioners on the subject of
    selling their lands, or having a Territorial form of Government extend
    over them by the United States: and the latter nominating John Finch
    as Blacksmith to the Great and Little Osages. Very respectfully Your
    obt. servt.

        A. H. RUTHERFORD, Clerk for Supt.

    Hon. Geo. W. Manypenny, Com{r} Ind. Affairs
      Washington City.


    (b) OFFICE SUPT. INDIAN AFFAIRS FORT SMITH, ARKS. Dec. 29, 1853.

    SIR: ... I have also to acknowledge the receipt of letters from you of
    the 2nd instant to the Commissioner of Ind. Affrs. upon the subject of
    the Indians within your Agency being willing to meet Commissioners on
    the part of the U. S. preparatory to selling their lands, or to take
    into consideration the propriety of admitting a Territorial form of
    Government extended over them &. ...

        A. H. RUTHERFORD, Clerk for Supt.

    A. J. Dorn, U. S. Indian Agt., Crawford Seminary.

[18] In this connection, the following are of interest:

    (a) The Choctaws, it is understood, are prepared to receive and assent
    to the provisions of a bill introduced three years since into the
    Senate by Senator Johnson of Arkansas, for the creation of the
    Territories of Chah-la-kee, Chah-ta, and Muscokee, and it is greatly
    to be hoped that that or some similar bill may be speedily enacted....
    Their country, a far finer one than Kansas.... The Choctaws have
    adopted a new constitution, vesting the supreme executive power in a
    governor.... It is understood that this change has been made
    preparatory to the acceptance of the bill already mentioned.

The foregoing is taken from the _Annual Report_ of the southern
superintendent for 1857 and in that report, Elias Rector who was then the
superintendent, having taken office that very year, argued that all the
five great tribes ought to be allowed to have delegates on the floor of
Congress and to be made citizens of the United States; for the
constitutions of the Cherokees, Choctaws, and Chickasaws would compare
favorably, said he, with those of any of the southwestern states [Senate
_Documents_, 35th congress, first session, vol. ii, 485].

    (b) The Fort Smith _Times_ of February 3, 1859 printed the following:

    SAM HOUSTON AND THE PRESIDENCY

    The following we take from a printed slip sent to us by our Doaksville
    correspondent, who informs us that it was sent to that office just as
    he sends it. We presume that it is the programme laid down by some of
    the Texas papers, friendly to the election of Sam Houston to the
    Presidency....

    _Re-organization of the Territories_

    1. The organization of the Aboriginal Territory of Decotah, from that
    part of the late Territory of Minnesota, lying west of the State of
    Minnesota.

    2. To fix the western boundaries of Kansas and Nebraska, at the
    Meridian 99 or 100; and to establish in those Territories, Aboriginal
    counties, for the exclusive and permanent occupation of the Aboriginal
    tribes now located east of that line and within those Territories;
    also to provide, that said Territories shall not be admitted into the
    Union as States unless their several Constitutions provide for the
    continuation of the Federal regulations adopted for better government
    and welfare of the Aboriginal tribes inhabiting the same.

    3. To organize the Indian territory lying west of Arkansas, as "the
    Aboriginal Territory of Neosho," under regulation similar to those
    proposed by Hon. Robert W. Johnson of Arkansas in 1854 for the
    organization of the Indian territory of Neosho.

    4. To purchase from the State of Texas all that portion of the State
    lying north of the Red river and include the same in the Aboriginal
    territory of Comanche or Ouachita.

    5. The territory of New Mexico.

    6. From the western portion of New Mexico to take the Aboriginal
    territory of Navajoe.

    7. From the western portion of Utah, to take the Aboriginal territory
    of Shoshone.

    Re-organize the eastern part of Utah, (the Mormon country), as an
    Aboriginal territory.

    Organize the western territory of Osage.

    From Nebraska, west of the M.100, and south of the 45th parallel take
    the Aboriginal territory of Mandan.

    Organize the eastern half of Oregon, as the Aboriginal territory of
    Umatilla.

    Washington east of the M.118 to be the Aboriginal territory of
    Okanagan.

    Nebraska, north of the 45th parallel to be the Aboriginal territory of
    Assinneboin. Emigration into these territories to be prohibited by law
    of Congress, until the same shall have been admitted into the Union as
    States.

    In each territory, a resident Military Police to preserve order....

    (c) Henry Wilson, in the _Rise and Fall of the Slave Power_, vol. ii,
    634-635 says,

    In the Indian Territory there were four tribes of Indians--Cherokees,
    Choctaws, Chickasaws, and Creeks. Under the fostering care of their
    governments slavery had become so firmly established that slaveholders
    thought them worthy of political fellowship, and articles in favor of
    their admission began to appear in the southern press. "The progress
    of civilization," said the New Orleans "Picayune," "in several of the
    Indian tribes west of the States will soon bring up a new question for
    the decision of Congress.... It cannot fail to give interest to this
    question that each of the Indian tribes has adopted the social
    institutions of the South." To concentrate and give direction to such
    efforts, a secret organization was formed to encourage Southern
    emigration, and to discourage and prevent the entrance into the
    Territory of all who were hostile to slaveholding institutions. It was
    hoped thus to guard against adverse fortune which had defeated their
    purposes and plans for Kansas....

[19] With reference to the proposed organization the subjoined documents
are of interest:

    C. STREET, July 2.

    MR. MIX,

    Dear Sir, Please have the western boundary of Mis. laid down on this
    map, and the _outline_ of the Pawnee, Kanzas & Osage purchases, and
    the reservations, as they now stand within that _outline_. You need
    not show each purchase, but the _outline_ of the whole. Yours truly

        THOMAS H. BENTON.

Letter of July 2, 1853, Indian Office _Miscellaneous Files, 1851-1854_.

    WASHINGTON CITY, August 5th, 1854.

    Hon. G. W. MANYPENNY Esq., Com Indian Department, Washington City.

    Dear Sir, Many people of Ohio, as well as of the states west of it,
    have for a long time been most anxious to learn through your
    Department, the nature of the several treaties made by yourself in
    behalf of the Government, with the several tribes of Indians occupying
    the Territories of Nebraska & Kansas: particularly as to the
    _reservation_ of _land_ made by such Tribes, _its extent_, _where_,
    _when_, & how to be _located_, & _within what time_,--and also what
    lands in both of said Territories by virtue of said treaties _are now
    subject to location_?

    I regret to inform you that much censure has attached to your
    Department, in consequence of the delay which has attended the
    promulgation of the above information, but which from my long
    knowledge of you personally, and of the very prompt manner in which
    you have invariably discharged your public duties, I believe to be
    most unjust.

    I seek the above information, not only for myself (contemplating a
    removal to Kansas) but also in behalf of many persons in the western
    states, who have solicited my intervention in that matter on my visit
    to this City. Very respectfully your friend

        S. W. WHITE

Indian Office _Miscellaneous Files, 1851-1854_.

    C. STREET, Aug. 19, '53.

    To GEO. W. MANYPENNY ESQ., Com. of Indian Affairs,

    Sir, I have the honor to acknowledge the receipt of your note of
    yesterday with the accompanying copy of a letter to the Hon. Mr.
    Atchison, and make my thanks to you for this mark of your attention.
    The reply will be immediately forwarded to Meas Ami, to be published
    in the same paper in which your note to me covering the map on which
    the Indian's cessions & reserves west of Missouri, was published. Very
    respectfully, Sir, Yr. obt. servant,

        THOMAS H. BENTON.

Indian Office _Miscellaneous Files, 1851-1854._

[20] Ray, _op. cit._, 86; Connelley, in Kansas Historical Society,
_Collections_, vol. vi, 102; Connelley, _Provincial Government of Nebraska
Territory_, pp. 24, 30 _et seq._

The Wyandots took an active part in the Kansas election troubles. For some
evidence of that, see, House _Reports_, 34th congress, first session, no.
200, pp. 22, 266.

[21] By the treaty of 1837 [Kappler, _op. cit._, vol. ii, 486], the
Choctaws, for a money consideration as was natural, agreed to let the
Chickasaws occupy their country jointly with themselves and form a
Chickasaw District within it that should be on a par with the other
districts (Moo-sho-le-tubbee, Apucks-hu-nubbe, and Push-ma-ta-ha), or
political units, of the Choctaw Nation. The arrangement meant political
consolidation, one General Council serving for the two tribes, but each
tribe retaining control of its own annuities. The boundaries of the
Chickasaw District proved the subject of a contention, constant and
bitter. Civil war was almost precipitated more than once. Finally, in
1855, the political connection was brought to an end by the terms of the
Treaty of Washington [Kappler, _op. cit._, vol. ii, 706], negotiated in
that year.

[22] See Report of C. C. Copeland to Cooper, August 27, 1855.

[23] A secret society is said to have been formed in Missouri for the
express purpose of gaining the Shawnee land for slavery.

[24] Dean wrote to Butler, November 29, 1855 [_Letter Press Book_] saying
that the disturbed state of things in Kansas was having a very serious
effect upon the Cherokee Neutral Land. Early in 1857, Butler reported that
he had given notice that if intruders had not removed themselves by spring
he would have them removed by the military [Butler to Dean, January 9,
1857]. Manypenny approved Butler's course of action which is quite
significant, considering that the federal administration was supposed to
be unreservedly committed to the pro-slavery cause and the intruders were
pro-slavery men from across the border.

[25] Andrew Dorn took charge of the Neosho Agency, to which these
reservations as well as the Quapaw, Seneca, and Seneca and Shawnee
belonged, in 1855 and regularly had occasion to complain of intruders.
White people seem to have felt that they could with impunity encroach upon
the New York Indian lands because they were only sparsely settled and
because the Indian title was in dispute.

[26] Apart from any sectional desire to obtain the Indian country,
would-be settlers seem to have been attracted thither from a mistaken
notion that there were mines of precious metals west of Missouri
[Commissioner of Indian Affairs, _Report_, 1858].

[27] As early as 1857, the Sacs and Foxes of Missouri were reported as
looking for a new home to the southward, in a less rigorous climate, and,
with that purpose in mind, they visited the Cherokees. When the Delaware
treaty of 1860 was being negotiated, the Delawares expressed themselves as
very anxious to get away from white interference, to leave Kansas. The
Ottawas thought and thought rightly, forsooth, judging from the experience
of the past, that removal would do no good. They declared a preference for
United States citizenship and tribal allotment [Jotham Meeker, Baptist
missionary, to Agent James, September 4, 1854, also Agent James's
_Report_, 1857]. At this same period, Agent Dorn reported that the Kansas
River Shawnees were desirous of joining those of the Neosho Agency.
Greenwood replied, January 18, 1860, that the subject of allowing the
northern Indians to go south was then under consideration by the
department [Letter to Superintendent Rector].

[28] The evidence of this is to be found in a letter from W. G. Coffin to
Dole, June 17, 1861 [_Neosho Files, 1838-1865_, C1223].

[29] For information on this subject, see Carroll's _American Church
History_, 19, 93, 253-254, 302.

[30] Feeling that, under the treaty of 1854, they were free to choose
whatever denomination they pleased to reside among them, the Kickapoos
expressed a preference for the Methodist Episcopal Church South, but the
Presbyterian Board of Foreign Missions was already established among their
neighbors of the Otoe and Missouria and Great Nemaha Agencies, their own
agent, Mr. Baldwin, was a Presbyterian, and so, before long, in some
almost unaccountable way, they found that the Presbyterians (Old School)
had obtained an entry upon their reserve and had established a mission
school there. The Kickapoos were indignant, as well they had a right to
be, and made as much trouble as they possibly could for the Presbyterians.
In 1860, the Presbyterian Board vacated the premises and the Methodist
Episcopal Church South took possession, Agent Badger favoring the change.
The change was of but short duration, however; for, in 1861, the Southern
Methodists, finding the sympathy of the Kickapoos was mainly with the
federal element, took their departure.

[31] Ray, _op. cit._, 86, footnote 107.

[32] The most flourishing schools seem to have been the Roman Catholic.
The Roman Catholics did not greatly concern themselves, as a church
organization, with the slavery agitation, and St. Mary's Mission and the
Osage Manual Labor School were scarcely affected by the war and not at all
by the troubles that presaged its approach.

[33] The Baptist school among the Potawatomies closed in 1861. See
Appendix.

[34] House _Report_, 34th congress, first session, no. 200, pp. 14, 18,
94, 425.

[35] See Indian Office, _Special File, no. 220_.

[36] The work of the American Board among the Cherokees was discontinued
just before the war [_Missionary Herald_, 1861, p. 11; American Board
_Report_, 1860, p. 137].

[37] The four were: "Park hill, five miles south from Tahlequah; Dwight,
forty-two miles south-southwest from Tahlequah; Fairfield, twenty-five
miles southeast from Tahlequah; Lee's creek, forty-three miles southeast
from Tahlequah"--Commissioner of Indian Affairs [_Report_, 1859, p. 173].
There had been a fifth, an out station.

[38] The Congregational schools among the Choctaws were: Iyanubbi, near
the Arkansas line; Wheelock, eighteen miles east of Doaksville; and
Chuahla, one mile from Doaksville.

[39] The Southern Baptist Convention had not been long in the county prior
to the Civil War. The Methodist Episcopal Church South had no schools but
several missionaries. The American Baptist Missionary Union had a number
of meeting-houses.

[40] The Presbyterians (Old School) established Wah-pa-nuc-ka Institute
for young women, forty miles north of Red River and one and one-eighth
miles west of the Choctaw and Chickasaw line; but differences arose
between the Presbyterian Board of Foreign Missions and the Chickasaw
authorities, neither institutional nor sectional, but purely financial,
which caused the Presbyterians to abandon the school in 1860 [C. H.
Wilson, attorney for the Presbyterian Board of Foreign Missions, to
Cooper, April 16, 1860]. The Presbyterian schools among the Choctaws were:
Spencer Academy, "located on the old military road leading from Fort
Towson to Fort Smith, about ten miles north of Fort Towson," and Koonsha
Female Seminary. Both of them were under the Presbyterian Board. A third
institution, Armstrong Academy, belonged to the Cumberland Presbyterians.
The Southern Methodists had Bloomfield Academy, Colbert Institute, and the
Chickasaw Manual Labor School among the Chickasaws; and the Fort Coffee
and New Hope academies, for boys and girls respectively, among the
Choctaws.

[41] The Seminoles were late in manifesting an interest in education, and,
when interest did arise among them, John Jumper, the chief, declared for
boarding-schools and asked that such be established under the Presbyterian
Board, the same that had influence among their near neighbors, the Creeks.

[42] The American Board itself was inclined to be non-committal and
temporizing [Garrison, op. cit., vol. iii, 30]. The _Missionary Herald_,
so valuable an historical source as it proved itself to be for Indian
removals, is strangely silent on the great subject of negro slavery among
the Indians. Its references to it are only very occasional and never more
than incidental.

[43] Kingsbury was superintendent of the Chuahla Female Seminary.

[44] Worcester died, April, 1859 [_Missionary Herald_, 1859, p. 187; 1860,
p. 12].

[45] _Missionary Herald_, 1859, pp. 335-336; 1860, p. 12; The American
Board of Commissioners for Foreign Missions, _Report_, 1856, p. 195.

[46] Report of C. C. Copeland, 1860.

[47] Cooper was also Chickasaw agent. On the fifth of October, 1854, some
of the principal men of the Chickasaw Nation, Cyrus Harris, James Gamble,
Sampson Folsom, Jackson Frazier, and D. Colbert, petitioned President
Pierce for the removal of Agent Andrew J. Smith on charges of official
irregularity and gross immorality. A year later, Superintendent Dean
reiterated the charges. Smith's commission was revoked, November 9, 1855;
and, in March, 1856, Cooper was assigned the Chickasaws as an additional
charge. Henceforth, the two tribes had an agent in common.

[48] This note itself bore no date but there is documentary proof that it
was received at Fort Smith, November 27, 1854. It is to be found in the
Indian Office among the _Fort Smith Papers_.

[49] The allusion is, of course, to the "higher law" doctrine expressed in
Seward's Senate Speech of March 11, 1850.

[50] Commissioner of Indian Affairs, _Report_, 1859, pp. 190-191.

The letter of Dr. Treat referred to by Agent Cooper is herewith given. It
is accompanied by the letter that covered it and that letter, as it is
found among the _Fort Smith Papers_ in the United States Indian Office,
bears a record to the effect that the copy of it was transmitted by the
southern superintendent to Washington, November 28, 1855.

    FORT TOWSON Nov. 16, 1855

    SIR: I have the pleasure to forward a copy of letter, addressed to the
    Rev{d} S. B. Treat, Corresponding Secretary of the American Board of
    Commissioners for Foreign Missions, by C. Kingsbury and
    others--Missionaries among the Choctaws--and request the same may be
    transmitted to the Hon Comr of Indian Affairs for the information of
    the Government of the United States.

    The letter as you will perceive refers to an exciting and highly
    important subject--in which the States adjoining the Indian Territory
    are deeply & directly interested, as well as the Choctaw People.

    I cannot refrain from the expression of my gratification at the
    position assured in this letter by the old and valued Missionaries
    among the Choctaws. The copy was handed to me by Rev{d} Cyrus
    Kingsbury, one of the signers to the original letter. Respectfully

    DOUGLAS H. COOPER, U. S. Agent for Choctaws

    Hon. C. M. Dean, Supt. Indian Affairs,
      Ft Smith.


    [_Inclosure_]--_Copy_

    PINE RIDGE, CHOC. NA. Nov. 15, 1855.

    REV. S. B. TREAT, Cor. Secretary of the A.B.C.F.M.

    Rev. & Dear Brother, When the Rev. G. W. Wood visited us as a
    deputation from the Prudential Committee, he treated us, our views,
    and _our practice_ so kindly, and spoke to us so many encouraging
    words, that we were constrained to meet him in a similar spirit of
    concilliation. We were willing to re-examine the difference in views
    on the subject of slavery, which for a long time had existed between
    the Committee and ourselves, and to see if there was not common ground
    on which we could stand together.

    At the opening of the meeting at Good Water, Mr. Wood laid aside the
    letter of June 22nd '/48. This was a subject we were not to discuss.
    He then introduced, by way of compromise, as we understood it, certain
    articles to show that there were principles, or modes of expression,
    in relation to slavery, in which there was substantial agreement. To
    these articles, though not expressed in every particular as we could
    have wished, (and after some of them had been modified by oral
    explanations,) we gave our assent, for the sake of peace. We hoped it
    would put an end to agitation on a subject which had so long troubled
    us, and hindered us in our work. We took it for granted that the
    Committee had yielded certain important points, insisted on in the
    letter of June 22nd '/48. This gladdened our hearts, and disposed us
    to meet Mr. Wood's proposal in a spirit of concilliation and
    confidence. We are not skilled in diplomacy, and had no thought that
    we were assenting to articles which would be considered as covering
    the whole ground of the letter of June 22nd. The first intimation that
    we had been mistaken, was from a statement made by Mr. Wood, in New
    York, that the result of the meeting at Good Water "_involved no
    change of views or action_ on the part of the Prudential Committee and
    Secretaries."

    In Mr. Wood's report to the Pru. Com. which was read at Utica, the
    Good Water document was placed in such a relation on to other
    statements, as to make the impression that we had given our full and
    willing assent to the entire letter of June 22d. The Com. on that
    Report, of which Dr. Beman was chairman, say, "The great end aimed at
    by the Pru. Com. in their correspondence with these missions for
    several years; and by the Board at their last annual meeting; has been
    substantially accomplished."

    This is a result we had not anticipated. We can not consent to be thus
    made to sanction principles and sentiments which are contrary to our
    known, deliberate, and settled convictions of right, and to what we
    understand to be the teachings of the word of God. We are fully
    convinced that we can not go with the Committee and the Board, as to
    the manner in which as Ministers of the Gospel and Missionaries we are
    to deal with slavery. We believe the instructions of the Apostles, in
    relation to this subject, are a sufficient guide, and that if followed
    the best interests of society, as well as of the Church, will be
    secured.

    We have no wish to give the Com. or the Board farther trouble on this
    subject. As there is no prospect that our views can be brought to
    harmonize, we must request that our relations to the A.B.C.F.M. may be
    dissolved in a way that will do the least harm to the Board, and to
    our Mission.

    We have endeavored to seek Divine guidance in this difficult matter,
    and we desire to do that which shall be most for the glory of our
    Divine Master, and the best interests of his cause among this people.
    We regret the course we feel compelled to take, but we can see no
    other relief from our present embarassment. Fraternally and truly
    yours,

    (Signed) C. KINGSBURY     C. C. COPELAND
             C. BYINGTON      O. P. STARK
             E. HOTCHKIN

[51] That the Buchanan administration did endorse pro-slavery policy and
actions requires no proof today. The findings of the Covode committee of
investigation, 1860, are in themselves sufficient evidence, were other
evidence lacking, of the intensely partisan and corrupt character of the
Democratic régime just prior to the Civil War. Of the officials, having
Indian concerns in charge, the Secretary of the Interior and the
Commissioner of Indian Affairs are, for present purposes, alone important.
Buchanan's Secretary of the Interior was Jacob Thompson, who had formerly
been a representative in Congress from Mississippi and had thrown all the
weight of his influence in favor of the Lecompton constitution for Kansas
[Rhodes, J. F. _History of the United States_, vol. ii, 277]. After his
retirement from Buchanan's cabinet, Thompson served as commissioner from
Mississippi, working in North Carolina for the accomplishment of secession
[Moore's _Rebellion Record_, vol. i, 5]. A. B. Greenwood of Arkansas was
Commissioner of Indian Affairs in Buchanan's time. He also had been in
Congress and, while there, had served on the House Committee of
Investigation into Brooks's attack upon Sumner. He formed with Howell Cobb
of Georgia the minority element [Von Holst, vol. v, 324].

[52] Commissioner of Indian Affairs, _Report_, 1860, p. 129.

[53] Commissioner of Indian Affairs, _Report_, 1859, p. 172.

[54] Greenwood to Rector, March 14, 1860 [Indian Office, _Letter Book_,
no. 63, p. 128]; Greenwood to Cowart, March 14, 1860 [_ibid._, 125].

[55] Commissioner of Indian Affairs, _Report_, 1860. See also additional
documents in Appendix B.

[56] The following extract from the _Fort Smith Times_ of February 3, 1859
makes particular mention of the Reverend Evan Jones:

    In the _True Democrat_ of the 19th inst., we find an article credited
    to the _Fort Smith Times_, in which the Rev. Evan Jones, a Baptist
    Missionary, residing near the State line, Washington county, is
    handled rather roughly so far as words are concerned. He is said to be
    an abolitionist, and a very dangerous man, meddling with the affairs
    of the Cherokees, and teaching them abolition principles.

    "As such reports will be circulated to the prejudice of the Southern
    Baptists, we hereby request some of our Brethren in the northwest part
    of the State to write us the grounds for such reports.

    "Is the 'Rev. Evan Jones' connected with any Missionary Society and if
    so, what one?

    "We hope shortly to hear more concerning this matter."

    The above notice is from the first number of the _Arkansas Baptist_, a
    new paper just published in Little Rock, P. S. G. Watson, Editor. It
    was not our intention to cast any reflections on the Baptist Church by
    noticing the Rev. gentleman named above, as we have great respect for
    the Church. We deny, however, that Mr. Jones "is handled roughly so
    far as words are concerned," for there are no harsh words or epithets
    in the article referred to; but he is _handled roughly_ so far as
    _facts_ are concerned. He is a Missionary Baptist, and the society by
    which he is supported, has, we believe, its headquarters in Boston,
    Mass. Mr. Jones' conduct has been fully reported to the Indian office,
    at Washington, by a number of the Cherokees, and by their Agent, Mr.
    George Butler, to whom we refer the editor of the _Baptist_, for the
    truth of the charges we have made against him; and, if they are not
    satisfactory we can give a full history of Evan Jones' conduct for a
    number of years, well known among the Cherokees.

In connection with the foregoing newspaper extract, it is well to note
that Richard Johnson was the editor of the _True Democrat_. Richard was a
brother of Robert W. Johnson who represented one faction of the Democratic
party in Arkansas while Thomas C. Hindman represented another. This was
before their devotion to the Confederate cause had made them friends.
Robert W. Johnson served in the United States Congress, first as
representative, then as senator. He was later a senator in the Confederate
States Congress. The Johnson family, although not so numerous as the
Rector family, was, like it, strongly secessionistic.

[57] Greenwood to Thompson, June 4, 1860 [Indian Office, _Report Book_,
no. 12, pp. 323-324].

[58] Connelley, _Quantrill and the Border Wars_, 147-149, 152.

[59] Siebert, _Underground Railroad from Slavery to Freedom_, 284.

[60] This party came to be known, almost exclusively, as the Treaty Party.
After the murder of John Ridge, from whom the party took its name, his
nephew, Stand Watie, became its leader. Stand Watie figured conspicuously
on the southern side in the Civil War.

[61] A good general account of these Cherokee factional disputes may be
found in Thomas Valentine Parker's _Cherokee Indians_.

[62] Kappler, _op. cit._, vol. ii, 561; Polk's _Diary_ (Quaife's edition),
vol. ii, 80.

[63] George Butler to Dean, January 9, 1857.

[64] "... The Cherokee Council is in session, tho they do not seem to be
doing much. It will hold about four weeks yet. I will stay till it breaks.
I think the Councilmen seem to be split on some questions. It seems as if
there are two parties. One is called the land selling party & those
opposed to selling the land (that is Neutral lands). They passed a bill
last council to sell it. Congress would not have anything to do with it &
in fact they got up a protest against selling it & sent it to Washington
City & they did not sell the land."--Extract from J. C. Dickinson to
Captain Mark T. Tatum, dated Tahlequah, October 16, 1860 [_Fort Smith
Papers_].

[65] Kappler, _op. cit._, vol. ii, 388.

[66] Rector to Greenwood, June 14, 1860.

[67] Tuckabatche Micco and other Creek chiefs wished the southern
Comanches to be located somewhere between the Red and Arkansas Rivers.
That might or might not have meant a settlement upon the actual Creek
reservation. Manypenny promised to look into the matter and find out
whether there were any vacant lands in the region designated [Manypenny to
Dean, May 25, 1855, Indian Office, _Letter Book_, no. 51, pp. 444-445].

[68] Dean to Manypenny, November 24, 1856, and related documents [General
Files, _Chickasaw_, 1854-1858, D304, I400].

[69] For Choctaw political disturbances in 1858, see General Files,
_Choctaw_, 1859-1866, I933 and R1004.

[70] Some of the Tonkawas most probably went back to their old Texan
hunting-grounds upon the breaking out of the war and were found encamped,
in 1866, around San Antonio [Cooley to Sells, February 15, 1866, Indian
Office, _Letter Book_, no. 79, p. 293].

[71] The Leased District was designed to accommodate any Indians that the
United States government might see fit to place there, exclusive of New
Mexican Indians, who had caused the Wichitas a great deal of trouble, and
those tribes "whose usual ranges at present are north of the Arkansas
River, and whose permanent locations are north of the Canadian...."
[Kappler, _op. cit._, vol. ii, 708].

[72] The treatment of the Indians by Texas will be made the subject of a
later publication. The story is too long a one to be told here.

[73] Mix to Rector, March 30, 1859 [Indian Office, _Letter Book_, no. 60,
pp. 386-388].

[74] _Annual Report_, 1857.

[75] Samuel Cooper, the New York man, who was now in United States employ
but later became adjutant-general of the Confederacy [Crawford, _Genesis
of the Civil War_, 310], made, about this time, a very significant inquiry
as to how many Indian warriors there were in the vicinity of the various
settlements [Cooper to Mix, January 29, 1856, Indian Office,
_Miscellaneous Files, 1858-1863_].

[76] J. Thompson to J. B. Floyd, March 12, 1858 [Indian Office,
_Miscellaneous Files_].

[77] By this treaty, the Choctaws had surrendered to the United States all
their claims to land beyond the one hundredth degree of west longitude.

[78] Cooper to Rector, June 23, 1858.

[79] Cooper to Rector, June 30, 1858.

[80] Some of the Chickasaws came to Cooper under the lead of the United
States interpreter, James Gamble, later Chickasaw delegate in the
Confederate Congress.

[81] The Cherokees soon deserted Cooper, no cause assigned. Why they were
with him at all can not very easily be explained unless they were looking
out for the interests of the "Cherokee Outlet". They may, indeed, have
been some refugee Cherokees who, in 1854, were reported as living in the
Chickasaw country and consorting with horse thieves and other desperadoes.
Under ordinary circumstances, Cooper had no authority to command the
actions of Cherokees and his call was to Choctaws and Chickasaws whose
agent he was and whose interests were directly involved in the survey then
being made.

[82] On the question of the proposed site, see Rector's _Report_, 1859,
pp. 307, 309. For Emory's familiarity with the region, note his report of
a military reconnaissance undertaken by him in 1846 and 1847 [Pacific
Railroad _Surveys_, vol. ii].

[83] Commissioner of Indian Affairs, _Report_, 1859, and accompanying
documents.

[84] It would seem that Van Dorn had been ordered by General Twiggs,
commanding in Texas, to explore the country between the one hundredth and
the one hundred and fourth meridians as far north as the Canadian River.
He was to do it quite irrespective of department jurisdictional lines. Van
Dorn had the Texan's unrelenting hatred for all Indians and, as was to
have been expected, considering the latitude of his orders, soon got
himself into trouble. It is interesting to note in connection with this
affair and in view of all that followed when Van Dorn and Albert Pike were
both serving under the Confederacy, that their dislike of each other dated
from Pike's condemnation of Van Dorn's cruel treatment of the Comanches.

[85] The contractor was Charles B. Johnson of Fort Smith. Under the firm
name of Johnson & Grimes, this man and Marshal Grimes, also of Arkansas,
were able again and again to secure subsistence contracts from Rector and
always with the suspicion of fraud attaching. Whenever possible, Rector
and his friends eliminated entirely the element of competition. Abram G.
Mayers of Fort Smith seems to have been the chief informer against Rector.
As a matter of fact, and this must be admitted in extenuation of Rector's
conduct, the Indian field service was so grossly mismanaged, officials
from the highest to the lowest were so corrupt, that it is not at all
surprising that each one [unless by the merest chance he were strong
enough morally to resist temptation] took every opportunity he could get
to enrich himself at the Indian's expense; for, of course, all such
ill-gotten gains came sooner or later out of the Indian fund. Very few
Indian officials seem to have been able to pass muster in matters of
probity during these troublous times. Secretary Thompson and even
Ex-president Pierce were not above suspicion in the Indian's estimation
[Article, signed by "Screw Fly" in the _Chickasaw and Choctaw Herald_,
February 11, 1859]. Mix was accused of dishonesty, so were Commissioner
Dole, Commissioner Cooley, and Secretary Usher, to say nothing of a host
of lesser officials.

[86] Supervising agent, Robert S. Neighbors, who had always befriended the
Indians when he conveniently could against unfounded charges, was killed
soon after the removal by vindictive Texans. S. A. Blain was then given
charge of the Texas superintendency in addition to his own Wichita Agency.
The consolidation of duties gave the Texans, apparently, a fresh
opportunity to lodge complaints against the Wichitas.

[87] These refugees were mostly Delawares and Kickapoos. There were other
"strays," or "absentees," scattered here and there over the Indian
country. There were Shawnees near the Canadian, Delawares among the
Cherokees, and Shawnees and Kickapoos on the southwestern border of the
Creek lands.

[88] Matthew Leeper was appointed to succeed S. A. Blain as agent, July,
1860. He had previously been special Indian agent in Texas.

[89] Among the _Leeper Papers_ is found the following:

    Notice: All free negroes are notified to leave the Wichita Reserve or
    Leased District forthwith, except an old negro who is in charge of
    Messrs. Grimes & Rector, who will be permitted to remain a few days.

        [M. LEEPER], U. S. Ind. Agt.

    Wichita Agency, L. D. Sept. 26, 1860.

[90] The suffering among the Indians must have been very great. There was
a complete failure of crops everywhere. Subsistence had to be continued to
the Wichitas, the Seminoles were reported absolutely destitute, and even
the provident Choctaws were obliged to memorialize Congress for relief on
the basis of the Senate award under their treaty of 1855 [General Files,
_Choctaw, 1859-1866_]. Out of this application of Choctaw funds to the
circumstances of their own pressing needs, came the great scandal of the
Choctaw Corn Contract, in which Agent Cooper and many prominent men of the
tribe were implicated. In some way Albert Pike was concerned in it also;
but it must have been practically the only time a specific charge of
anything like peculation could possibly have been brought against any of
his transactions. His character for honesty seems to have been impeccable.

[91] In January, 1860, Agent Garrett asked the Creeks in their National
Council to consent to the apportionment of the tribal lands. Motty Cunard
[Motey Kennard] and Echo Mayo [Echo Harjo] sent the reply of the Council
to Garrett, January 19, 1860. It was an unqualified and absolute refusal.

[92] Cooper to Greenwood, March 31, 1860 [General Files, _Choctaw,
1859-1866_, C445].

[93] George E. Baker, _Works of W. H. Seward_ (edition of 1884), vol. iv,
363; Bancroft's _Seward_, vol. ii, 460-470.

[94] _Congressional Globe_, 33rd congress, first session, Appendix, p.
155.

[95] Dean to Manypenny, October 24, 1855 [Dean's _Letter Book_].

[96] INDIAN TRUST FUND

_List of stocks held by the Secretary of the Interior in trust for Indian
tribes_

    STATE           PER CENT              AMOUNT

    Arkansas           5             $    3,000.00
    Florida            7                132,000.00
    Georgia            6                  3,500.00
    Indiana            5                 70,000.00
    Kentucky           5                183,000.00
    Louisiana          6                 37,000.00
    Maryland*          6                131,611.82
    Missouri           5-1/2             63,000.00
    Missouri           6                484,000.00
    North Carolina     6                562,000.00
    Ohio               6                150,000.00
    Pennsylvania*      5                 96,000.00
    South Carolina     6                125,000.00
    Tennessee          5                218,000.00
    Tennessee          6                143,000.00
    United States      6                251,330.00
    Virginia           6                796,800.00
                                      ------------
                                      3,449,241.82

    *Taxed by the State.

Commissioner of Indian Affairs, _Report_, 1859, p. 452.

[97] David Hubbard to Ross and McCulloch, June 12, 1861 [_Official
Records_, first ser., vol. xiii, 497].

[98] The position of the tribes in the northern part of the Indian
country, in Kansas, was considerably different from that of the tribes in
the southern part, in Oklahoma. Each of the great tribes to the southward
had a government of its own that was modelled very largely upon that of
the various states. The tribes to the northward had retained, unchanged in
essentials, their old tribal community government. Moreover, they had
already been obliged to allow themselves to be circumscribed by
territorial lines, soon to be state lines; their integrity had been broken
in upon; and now they were not of sufficient importance to have, either
individually or collectively, anything to say about the sectional
affiliation of Kansas. As a matter of fact, they never so much as
attempted to take general tribal action in the premises. Neither their
situation nor their political organization permitted it.

[99] An interruption to this came in the shape of the indefinitely defined
"Cherokee Outlet," which lay north of Texas and in addition occupied the
northern part of Indian Territory.

[100] The subjoined map will illustrate the relative position of the
individual Indian reservations. Although published in 1867, it is not
correct for that date but is fairly correct for 1861. The "reconstruction
treaties" of 1866 made various changes in the Indian boundaries but the
map takes no account of them.

[101] Van Buren had a short time previously been the headquarters of the
Southern Superintendency.

[102] We find that this intimate intercourse extended even to things
scholastic; for, though there were plenty of female seminaries, so-called,
within Indian Territory, Indian girls regularly attended similar
institutions in Fayetteville [Bishop, A. W., _Loyalty on the Frontier_,
143].

[103] Bishop [_Loyalty on the Frontier_, 20] says that to the zeal of the
Knights of the Golden Circle, or "Knaves of the Godless Communion," was
mainly attributable "the treasonable complexion" of the Arkansas
legislature that organized in November of 1860.

[104] The following documents include the act of the Chickasaw Legislature
and related correspondence:

    Be it enacted by Legislature of the Chickasaw Nation, That the
    Governor of the Chickasaw Nation, be and he is hereby authorized to
    appoint four Commissioners, one from each county, namely:--Panola,
    Pickens, Tishomingo, and Pontotoc County, on the part of the Chickasaw
    Nation, to meet a like set of Commissioners appointed respectively by
    the Choctaw, Creek, Cherokee, and Seminole Nations, to meet in General
    Convention at such time and place That the Chief of the Creek Nation,
    may set, for the purpose of entering into some compact, not
    inconsistent with the Laws and Treaties of the United States, for the
    future security and protection of the rights and Citizens of said
    nations, in the event of a change in the United States, and to renew
    the harmony and good feeling already established between said Nations
    by a compact concluded & entered into on the 14th of Nov. 1859, at
    Asbury Mission Creek Nation.

    Be it further enacted That said Commissioners shall receive for their
    services the sum of One hundred dollars each, and shall report the
    proceedings of said Convention to the next session of the Chickasaw
    Legislature for its approval or disapproval....

    Passed the House Repts as amended Jany 5th 1861.

    Passed Senate Jan. 5, 1861. Approved Jan. 5, 1861.

Indian Office General Files--_Cherokee 1859-1865_, C515.

    Enclosed please find an Act of the called Session of the Chickasaw
    Legislature, the object of which you will readily understand. Your
    coöperation, and union of action of the Cherokee people in effecting
    the object therein expressed is hereby respectfully solicited.

    It will be left to the Principal Chiefs of the Creek Nation to appoint
    the time and place of meeting, of which you will have timely notice.--
    CYRUS HARRIS, governor of the Chickasaw Nation, to John Ross,
    principal chief of the Cherokees, dated Tishomingo, C. N. January 5th,
    1861 [_ibid._].

    You will please find enclosed a communication from the Gov{r} of the
    Chickasaw Nation & an Act of the Chickasaw Legislature calling upon
    their Brethren the Creeks to appoint a time & place for a General
    Convention of the Chickasaws, Choctaws, Cherokees, and Creeks. We
    therefore appoint the 17th inst. to meet at the General Council Ground
    of the Creek Nation--At which time & place we will (be) happy to meet
    our Brethren the Cherokees.-- JACOB DERRYSAW, acting chief of the
    Creek Nation, to John Ross, dated Cowetah, Creek Nation, February 4,
    1861 [ibid.].

    I was much surprised to receive a proposition for taking action so
    formal on a matter so important, without having any previous notice or
    understanding about the business, which might have afforded
    opportunity to confer with our respective Councils and People.

    Although I regret most deeply, the excitement which has arisen among
    our White brethren: yet _by us_ it can only be regarded as a family
    misunderstanding among themselves. And it behooves us to be careful,
    in any movement of ours, to refrain from adopting any measures liable
    to be misconstrued or misrepresented:--and in which (at present at
    least) we have no direct and proper concern.

    I cannot but confidently believe, however, that there is wisdom and
    virtue and moderation enough among the people of the United States, to
    bring about a peaceable and satisfactory adjustment of their
    differences. And I do not think we have the right to anticipate any
    contingency adverse to the stability and permanence of the Federal
    Union.

    Our relations to the United States, as defined by our treaties, are
    clear and definite. And the obligations growing out of them easily
    ascertained. And it will ever be our wisdom and our interest to adhere
    strictly to those obligations, and carefully to guard against being
    drawn into any complications which may prove prejudicial to the
    interests of our people, or imperil the security we now enjoy under
    the protection of the Government of the United States as guaranteed by
    our Treaties. In the very worst contingency that can be thought of,
    the great National Responsibilities of the United States must and will
    be provided for. And should a catastrophe as that referred to in
    (your) communication, unhappily occur, then will be the time for us to
    take proper steps for securing the rights and interests of our people.

    Out of respect to the Chiefs of neighboring Nations, and from the deep
    interest I feel for the peace and welfare of our red brethren, I have
    deemed it proper to appoint a Delegation to attend the Council
    appointed by the Creek Chiefs at your request, on the 17th inst. at
    the Gen{l} Council Ground of the Creek Nation, for the purpose of a
    friendly interchange of the views & sentiments on the general
    interests of our respective Nations.

    In the language of our Fathers, I am your

        "Elder Friend and Brother"
            JOHN ROSS, Principal Chief, Cherokee Nation.

Extract from letter to Cyrus Harris, February 9, 1861 [_ibid._].

    Previous to the receipt of your Communication enclosing the
    proceedings of the Chickasaw Authorities, I had received similar
    papers from the "Governor of the Chickasaw Nation."

    And I herewith enclose for the information of yourself & people a copy
    of my reply. I will appoint a Delegation to attend your Council for
    the purpose therein stated.--Ross to Derrysaw, February 9, 1861
    [_ibid._].

    I have received a communication from the Gov. of the Chickasaw Nation,
    with a copy of an Act of their Legislature. And I presume a similar
    communication has been received by you. Deeming it important that much
    prudence and caution should be exercised by us in regard to the object
    of the Governor's communication, I have thought it proper to address
    him a letter, giving a brief expression of my views on the subject, a
    copy of which I enclose for your information.--Ross to the principal
    chief of the Choctaw Nation, February 11, 1861 [_ibid._].

[105] See preceding note.

[106] The Creek Agency was probably chosen because of its convenient
situation. It was at the junction of the North Fork and the Canadian and,
consequently, in close proximity to three of the reservations and not far
distant from the other two.

[107] See Mrs. W. P. Ross, _Life and Times of William P. Ross_.

[108] _American Historical Review_, vol. xv, 282.

[109]

    ... On your deliberations it will [be] proper for you to advise
    discretion, and to guard against any premature movement on our part,
    which might produce excitement or be liable to misrepresentation. Our
    duty is very plain. We have only to adhere firmly to our respective
    Treaties. By them we have placed ourselves under the protection of the
    United States, and of no other sovereign whatever. We are bound to
    hold no treaty with any foreign Power, or with any individual State or
    combination of States nor with Citizens of any State. Nor even with
    one another without the interposition and participation of the United
    States....

    Should any action of the Council be thought desirable, a resolution
    might be adopted, to the effect, that we will in all contingencies
    rest our interests on the pledged faith of the United States, for the
    fulfilment of their obligations. We ought to entertain no apprehension
    of any change, that will endanger our interests. The parties holding
    the responsibilities of the Federal Government will always be bound to
    us. And no measures we have it in our power to adopt can add anything
    to the security we now possess. Relying on your intelligence &
    discretion I will add no more.--CHIEF ROSS'S instructions to the
    Cherokee Delegation, February 12, 1861 [Indian Office General File;
    _Cherokee 1859-1865_, C515].

[110] The Indian Office files are full of testimony proving John Ross's
wisdom, foresight, sterling worth generally, and absolute devotion to his
people. Indeed, his whole biography is written large in the records. His
character was impeccable. Judged by any standard whatsoever, he would
easily rank as one of the greatest of Indian half-breeds.

[111] _Official Records_, first ser., vol. i, 682.

[112] The evidence of this is to be found in an official letter from
Commissioner W. P. Dole to Secretary Caleb B. Smith, under date of April
30, 1861, which reads as follows:

    I have the honor to enclose herewith a copy of a letter, dated 17th.
    Inst. from Elias Rector, Esq., Supt. Indian Affairs ... together with
    copy of its enclosure, being one addressed to _Col. W. H. Emory_ by
    _M. Leeper_, Agent for the Indians within the "Leased District,"
    having reference to the removal of the troops from Fort Cobb.

    The Government being bound by treaty obligations to protect the
    Indians from the incursions of all enemies, I would respectfully ask
    to be informed, if it is not its intention to keep in the country a
    sufficient force for the purpose.

    The Choctaw and Chickasaw delegation--composed of the principal men of
    those Nations--while recently in this City expressed great
    apprehensions of attack upon their people, by Citizens of Texas and
    Arkansas; and these delegations having assured me of their
    determination to maintain a neutral position in the anticipated
    difficulties throughout our Country, I would recommend that a depot
    for arms be established within the Southern Superintendency in order
    that the Indians there may be placed in the possession of the means to
    defend themselves against any attack....--Indian Office _Report Book_,
    no. 12, p. 152.

[113] General Files, _Southern Superintendency, 1859-1862_, L632.

[114] The letter can be found in manuscript form in Indian Office, _Letter
Book_, no. 65, pp. 447-449, and in printed form in Commissioner of Indian
Affairs, _Report_, 1861, p. 34.

[115] _John Ross_, principal chief of the Cherokee Nation; _Cyrus Harris_,
governor of the Chickasaw Nation; _M. Kennard_, principal chief of the
Lower Creeks; _Echo Hadjo_ [Echo Harjo], principal chief of the Upper
Creeks; _George Hudson_, principal chief of the Choctaw Nation; and the
unnamed principal chief of the Seminoles west of Arkansas.

[116] It would seem that the letter was not given to Coffin immediately
but was held back on account of the insecurity of the mails [Dole to Creek
and Seminole chiefs, November 16, 1861, Indian Office, _Letter Book_, no.
67, pp. 78-79].

[117] The delay was not entirely due to the military situation. Coffin
went from Washington to his home in Indiana. He was there on the
twentieth, at Annapolis, Parke County, when Dole wrote urging him to
hasten on his way,

    I herewith enclose a slip taken from the National Intelligencer of
    this date, being an extract from the Austin [Texas] State Gazette of
    the 4th Instant, by which you will perceive that efforts are being
    made to tamper with the Indians within your Superintendency.

    By this you will perceive the urgent necessity, that you should
    proceed at the earliest moment practicable to the vicinity of the
    duties in your charge, that from your personal knowledge of the views
    of the Government in relation to these Indians as well as by the
    instructions and communications in your possession, you may be able to
    thwart the endeavors of any and all who have or shall attempt to
    tamper with these tribes and array them in hostility to the
    Government.

    I deem it of the utmost importance that no time be lost in this
    matter, as delay may be disastrous to the public service.--Indian
    Office, _Letter Book_, no. 65, p. 473.

By the nineteenth of June, Coffin had managed to reach Crawford Seminary,
from which place he reported to Dole,

    We have at length reached the Indian Territory propper.... I find Mr.
    Elder the Agent absent. I learned on my way down here that he had gone
    to Fort Scott with the view of locating the Agency there for the
    present which I supposed when I wrote you from the Catholic Mission
    might be propper from its close proximity to Missouri but as Mr.
    Phelps district is opposit here and he a good Union man and has been
    Stumping the district and I learn that the Union cause is growing fast
    in that part of the State I think there is now at least no Sort of
    excuse for removing, the buildings here are ample for a large family,
    watter good....--General Files, _Southern Superintendency, 1859-1862_,
    C1229.

The sequel showed that Agent Elder was right and Superintendent Coffin
wrong about the security of the region. Coffin never reached Fort Smith at
all and was soon compelled to vacate the Indian Territory. Indian Office,
_Letter Book_, no. 66, which covers the period from June, 1861 to October,
1861, contains scarcely a letter to prove that the Indian Office was in
communication with Indian Territory. Official connection with the country
had been completely cut off. Military abandonment and dilatory officials
had done their work.

[118] Official instructions were issued to Coffin, then in Washington, on
the ninth, and gave him permission to change his headquarters at
discretion. The following is an excerpt of the instructions:

    You having been appointed by the President to be Superintendent of
    Indian Affairs for the Southern Superintendency in place of _Elias
    Rector_, Esq. ... You will repair to Fort Smith, Arkansas, as early as
    practicable, for the purpose of relieving _Elias Rector_, Esq.

    In your progress from Indiana to Fort Smith, should you deem it
    expedient and advisable to pass down the Kansas line and among the
    Indians in that section, you will make it your business to inquire as
    to their sentiments and disposition with reference to the present
    disturbances in the neighboring countries, so far as time and
    opportunity will enable you to do so. On reaching Fort Smith you will
    also inform yourself as to the condition of Affairs there and
    surrounding country, and as to the prospect of the business of the
    Superintendency being carried on without molestation or other
    inconvenience, and should you find it necessary from the circumstances
    that may surround you to remove the office of Superintendent from Fort
    Smith you are authorized to do so, selecting some eligible point in
    the proximate Indian Territory, or if required some point northwardly
    among the Indians in Kansas as your best discretion may dictate. I
    trust however that this discretionary authority may prove unnecessary
    and that in the legitimate discharge of your duties, you may suffer no
    interruption from any cause or source whatever. In a report from this
    Office of the 30th Ultimo, with reference to anticipated Indian
    troubles in your Superintendency consequent upon the removal of the
    troops from Fort Cobb, the attention of the _Hon. Secretary of the
    Interior_ was called to the subject, and the enquiry as to the policy
    of the Government to keep in the country a sufficient force for the
    purpose of proper protection; and further calling his attention to the
    expression of friendship and loyalty made by the Choctaw and Chickasaw
    delegates lately in this City, recommended that a depot for arms be
    established within the Southern Superintendency, in order that the
    Indians there may be placed in possession of the means to defend
    themselves against any attack. As yet no response to this report has
    been received....--Indian Office, _Letter Book_, no. 65, pp. 442-443.

[119] Douglas H. Cooper, agent for the Choctaws and Chickasaws, was from
Mississippi; William H. Garrett, agent for the Creeks, was from Alabama;
Robert J. Cowart, agent for the Cherokees, was from Georgia; Matthew
Leeper, agent for the Indians of the Leased District, was from Texas; and
Andrew J. Dorn, agent at the Neosho River Agency, was from Arkansas.

[120] Telegram, Greenwood to Rector, January 19, 1861 [Indian Office,
_Letter Book_, no. 65, p. 104].

[121] For information showing what Indian agents became adherents of the
Confederate cause, see, among other things, an extract from a report of
Albert Pike to be found in Indian Office, _Letter Book_, no. 130, pp.
237-238; and a letter from R. W. Johnson to L. P. Walker, published in
_Official Records_, first ser., vol. iii, 598.

[122] The evidence on this point is not very convincing, either one way or
the other. A number of documents might be cited bearing some brief, vague,
or indefinite reference to the steps the Indians took from the beginning.
The closing paragraph of the following report from E. H. Carruth, under
date of July 11, 1861, is a typical case:

    SIR: I know not that any person has given information to any of the
    United States officers in regard to the position of the Indian Tribes
    connected with the Southern Superintendency.

    I am just arrived from the Seminole Country where for a year I have
    been employed as [illegible] to induce the Seminoles to establish
    schools. In Sept. last the chiefs applied to the Department to set
    aside $5000 for this purpose, but never heard from their application,
    and their Ag't soon became too deeply interested in the politics of
    the Country to pay much attention to the affairs of the tribe.

    From the time the secession movement began to ripen into treason, the
    Chief of the Seminoles has constantly sought information on the
    subject, and whenever I rec'd a mail he would bring an Interpreter &
    remain with me until all had been read and explained.

    After the Forts west were taken possession of by the Texans, the
    tribes living under the protection of Government around Fort Cobb came
    into the Seminole Country, seeking the counsel of the Seminoles as to
    what they should do, hostility to the Texans, being with them
    strengthened by the recollection of recent wrongs. The Seminoles gave
    them permission to reside on their lands, and advised them to
    interfere with neither party, should both be represented in the
    country.

    The Texan officers sent several letters among them & left
    Commissioners at Cobb to treat with them offering to them the same
    protection before enjoyed while the Government of the U. S. was
    represented among them. A letter was also sent to the Seminoles signed
    by Geo. W. Welch, "Capt-Commanding the Texan troops in the service of
    the Southern Confederacy" which asserted that the _Northern people
    were determined to take away their lands & negroes_, that the old
    Gov't would never be able to fulfill her treaty stipulations and wound
    up by asking them to place their interests under the protection of the
    Southern Confederacy.

    Very soon afterwards Capt. Albert G. Pike "Commissioner for the
    Confederate States of America" wrote to the Seminole Chief from the
    Creek Agency, asking that he should meet him at that place with six of
    his best men fully authorized to treat with him. He also asked for a
    body of Seminole warriors, & promised as "good perhaps better treaty"
    than their old one. His letter was backed up by one from Washburn
    (formerly Seminole Ag't) who gave a glowing description of treason,
    representing to the Indians that the U. S. could never pay one dollar
    of the moneys due them, that European Nations were committed to the
    cause of the Rebels, and entreated, prayed, almost commanded them to
    take the step so essential to their political salvation. This Washburn
    had once been engaged in a money transaction with two of the Chiefs
    which swindled the nation out of many thousands of dollars, and while
    they came near losing their heads in the operation, he escaped, &
    still enjoys great personal popularity with the tribe. No man knows
    better how to approach Indians. He was born among them of missionary
    parents, & like all southern men, who regret their northern parentage,
    he is the most rabid of violent traitors. The day after these letters
    were rec'd the Chief (John Jumper) spent at my house. He felt true to
    the treaties, & said that all his people were with the Government,
    but, the Forts west were in possession of its enemies, their Agent
    would give them no information on the subject, & he feared that his
    country would be overrun, if he did not yield.

    I told him plainly that Government was shamefully misrepresented, that
    the treaties bound him to all the states alike, that the U. S. could
    not fall with all the Army & Navy at her disposal, & that should the
    South ever succeed in gaining her own independence the free States
    would fight till not a man, woman or child was left, before yielding
    one inch of Territory to the rebels. The war being entered into not so
    much either for or against slavery in the states, as to protect the
    Constitutional rights of Government in the Territories. The Chief told
    me that all the full Indians everywhere were with the Gov't, that he
    did not wish to fight, nor did his people, they had hoped to be left
    to themselves untill the whites settled their quarrels, his people had
    enough of war in Florida, & were now anxious for peace. He would
    however go to the Creek Agency & tell Capt. Pike & Ben McCulloch their
    determination. I believe the object of Pike in drawing the Seminoles
    to the Creek country was that he could thus bring Creek influence to
    bear upon them. When Pike's letter came, the Bearer sent word to the
    Chief to meet him ten miles below, where they were read, but this
    caution did not keep them out of sight, as the Chief immediately
    brought them to me, to whom as clerk they should have come at first,
    but a "white man" was declared to be the adviser of the Seminoles, for
    whom a black jack limb would soon suffice. I knew it dangerous to
    await the arrival of my ranger friends, & with my wife I left on
    horseback, traveling in a Kickapoo trail, coming in above the Creek
    country, as they had seceded--I was questioned a good deal in the
    Cherokee Nation, but not interfered with as I was personally
    acquainted with their leading half breeds, and my wife being fortunate
    enough to have a Virginia birth and a brother in Missouri.

    When within a half hour's travel of the Neosho River, my shot gun was
    taken by a company of men, organized that day--the 2d after Seymour
    was killed--they said "to clean out Kansas Jay hawkers."

    The influence of Capt. Pike the Rebel Commissioner is second to no
    man's among the Southern Indians & I fear that he may succeed in his
    intrigues with the other tribes, the Creeks, Chickasaws, & Choctaws
    having already gone. The Cherokees refuse to go as a Nation, & no one
    is a firmer friend to the Union than John Ross, their Chief, but
    traitors are scheming, and the half breeds in favor of the South, want
    an army to come in, in which event they promise to be "forced in" to
    the Arms of Jeff. Davis, & the select crowd of traitors at Montgomery.

    There are many true & loyal men even among the half breeds, some of
    the Judges of their courts I know to be so, while all the full blood
    element is with the Gov't.

    The half breeds belong to the K. G. C. a society whose sole object is
    to increase & defend slavery and the full bloods have--not to be
    outdone--got up a secret organization called the "pins" which meets
    among mountains, connecting business with Ball-playing, and this is
    understood to be in favor of Gov't, at least when a half breed at
    Webers falls raised a secession flag, the "pins" turned out to haul it
    down & were only stopped by a superior force, they retired swearing
    that "it should yet be done & its raiser killed" and now Sir, let me
    say a word in behalf of the full Indians who make up in devotion to
    our Gov't what they lack in knowledge.

    I sometimes hear rejoicing on the part of Northern people, that these
    tribes are seceding, because they say such violation of their treaties
    will lose them their lands, whose beauty & fertility have long been
    admired by western farmers. I have been twelve years among these
    tribes & I know the full bloods to be loyal to the Gov't. That Gov't
    is bound by treaties to protect these nations, to keep up Forts for
    that purpose. The forts are deserted, the soldiers are gone. The
    Agents are either resigned or, working under "confederate"
    commissions. The Indians are told that the old Gov't is bankrupt, that
    it must die, that England & France will help the South, That they are
    southern Indians & own slaves, & have interests only with & in the
    south, That the war is waged by the North for the sole purpose of
    killing slavery, & stealing the Indian lands etc. etc. What have the
    Indians with which to disprove this? The "Confederate" Gov't is
    represented there by an army & Commissioners, but the United States
    have not been heard from for six months. Every battle is believed to
    be against the old Gov't & those who control the news know in what
    shape it should go to have influence. The Seminole Agent, Col.
    Rutherford, has never lifted his finger to give information or advice
    to the Indians under his charge--He said before Mr. Lincoln took his
    seat as President that he would not receive a reappointment from him,
    but would serve until it should come, which means that his love of
    money would enable him to make an occasional visit to the Agency
    buildings, but his fear for & sympathy with Ark. rebels, would keep
    him from doing anything to endanger their interests. A proper officer
    could have kept the Seminoles from sending a delegation to Capt. Pike,
    as well as in the Creek country one could have kept the Creeks loyal.
    That there has been the most culpable neglect on the part of its
    officers to the interests of the Genl Gov't needs no
    demonstration--The cry has been: "More favorable treaties can now be
    made with the South than after the war, as it will show that the
    Indians are at heart with the South"--No doubt is allowed to be felt
    as to the issue of the war. The agents who hold Commissions from Mr.
    Lincoln & go to Montgomery to have Jeff. Davis endorse them, show a
    faith in the issue, that is not lost upon the Indians.

    A Capt. Brown of the Chickasaw tribe was commanding at Arbuckle, in
    the absence of Col. McKing who was at Tishimingo where the legislature
    was in session. He informed me that the Texans would not come over
    until the Choctaws & Chickasaws had given them to understand that "it
    would be all right"--At the time these nations did not wish to invite
    them, it would have been too palpable a violation of treaties, tho'
    they took command of the Fort, whether under their national
    authorities, or the "Confederate" I do not know which.

    Letters now in possession of the Seminole Chief will prove much herein
    stated. I told the chief to preserve those letters & all others which
    he might receive of a like nature....--General Files, _Southern
    Superintendency, 1859-1862_, C1348.

[123] _Official Records_, first ser., vol. i, 513.

[124] --_Ibid._, 515-516.

[125] The order was one of the many, dictated by the policy of "no
coercion," that issued in the last days of Buchanan's administration and
the first of Lincoln's. A few of them, affecting or designed to affect the
frontier, may as well be listed in chronological order. On the thirteenth
of February, an abandonment of Fort Smith was ordered [_Official Records_,
first ser., vol. i, 654]. The citizens protested and the order was
countermanded [_ibid._, 655]. On the fifteenth of the same month, General
Scott ordered, in the event of secession, all United States troops from
Texas, via Fort Belknap and the Indian country, to Fort Leavenworth
[_ibid._, 589]. On the eighteenth of March, a similar abandonment of
Arkansas and the Indian country was arranged for [_ibid._, 667].

[126] _Official Records_, first ser., vol. liii, supplement, pp. 626, 628,
629.

[127] General Twiggs was then waiting to be relieved of his command,
having personally requested to be relieved, his sense of embarrassment
being strong and his unwillingness to take responsibility, extreme. Robert
E. Lee, brevet colonel, Second United States Cavalry, was relieved from
duty in Texas and ordered to repair to Washington, by orders of February
4, 1861 [_Official Records_, first ser., vol. i, 586].

[128] Commissioners of some sort had been sent to the Indians even before
this. They do not seem to have been, in any sense, agents of Texas,
indeed, the ones particularly in mind were from Arkansas; but Texas may
have taken her cue from their appointment. Their presence in the Indian
country is sufficiently attested by the following correspondence:

    I have been informed today that persons purporting to act in the
    capacity of Commissioners are now visiting the Indian nations on our
    frontier--preparatory to forming an alliance with them to furnish them
    with arms and munitions of war, in violation of subsisting treaties
    and the laws of the United States. Occupying the position I do as a
    Civil officer of the Government in discharge of my duty as well as
    instructions, It is my duty to make inquiry and report such a state of
    facts as may exist in relation to the same. And having no authentic
    information in relation to this matter other than public rumor, I have
    believed it my duty to address you knowing that if such projects are
    in embryo or consummation that they cannot escape your vigilance; and
    that from you I shall be informed of the same, that, they may be
    communicated from a reliable official source to the authorities at
    Washington for their action.--JOHN B. OGDEN, United States
    commissioner, to John Ross, dated Van Buren, February 15, 1861 [Indian
    Office, General Files, _Cherokee, 1859-1865_, O32].

    I have received your communication of the 15th inst.--stating that you
    have been informed that persons purporting to act in the capacity of
    commissioners are now visiting the Indian Nations on the frontier
    preparatory to forming an alliance....

    It is currently rumored in the Country that Mr. R. J. Cowart--the U.
    S. Agent--is officially advocating the secession policy of the
    Southern States and that he is endeavoring to influence the Cherokees
    to take sides and act in concert with the seceded States--At the same
    time uttering words of denunciation against all the distinguished
    Patriots who are exerting their efforts, to devise measures of
    reconciliation in Congress as well as those in the Peace Convention at
    Washington for the Preservation of the Union.

    Mr. Cowart brought out with him from the State of Georgia a man
    named--Solomon--who is a notorious drunken brawling disunionist. He is
    strolling about Tahlequah under the permission of the socalled "U. S.
    Agent"--and is creating strife & getting into difficulties with
    citizens of the Nation--a perfect nuisance to the peace and good order
    of society.

    The conduct and general deportment of this man, also of the Agent
    being in direct violation of the laws and Treaties of the United
    States--they should be removed out of the Cherokee Country.

    For further information as to such facts relating to the subjects of
    your enquiry, I have to refer you at present to Mr. W. P. Ross for
    what he may be in possession of....--JOHN ROSS to John B. Ogden,
    February 28, 1861 [Indian Office, General Files, _Cherokee,
    1859-1865_, O32].

[129] _Official Records_, fourth ser., vol. i, 322.

[130] Tenney, W. J. _Military and Naval History of the Rebellion in the
United States_, 134.

[131] Letter to the Alabama commissioner, J. M. Calhoun, January 7, 1861
[_Official Records_, fourth ser., vol. i, 74].

[132] "Report of a Committee of the Convention, being an address to the
people of Texas, March 30, 1861."--_Ibid._, 199.

[133] _Official Records_, fourth ser., vol. i, 322-325.

[134] Leeper to Greenwood, February 12, 1861 [General Files, _Wichita,
1860-1861_, L373].

[135] _Official Records_, first ser., vol. i, 656.

[136] --_Ibid._

[137] --_Ibid._, 660.

[138] --_Ibid._, 648.

[139] _Official Records_, first ser., vol. i, 656.

[140] The Indian Office protested against a reduction of the forts because
of treaty guaranties to the Indians [Dole to Smith, April 30, 1861, Indian
Office, _Report Book_, no. 12, p. 152].

[141] Townsend to Emory, March 21, 1861 [_Official Records_, first ser.,
vol. i, 659].

[142] Same to same, _ibid._, 660.

[143] Emory to Townsend, April 2, 1861 [_ibid._, 660].

[144] At the time, when it was intended to remove all the troops from Fort
Cobb for purposes of concentration farther south and nearer to the source
of danger, instructions were issued that the Reserve Indians, whose
peculiar protection Fort Cobb was, might remove within the limits of Fort
Washita; but the Choctaws and the Chickasaws objected and, in deference to
their wishes, Emory suspended the permission [_Official Records_, first
ser., vol. i, 663], his excuse being that Fort Cobb was not to be
abandoned anyway. The contractors, Johnson and Grimes, whom Superintendent
Rector had so much favored, had a good deal to do with the forming of this
decision. They told Emory that the Reserve Indians were not free to move;
for they had no means and that they were "hutted and planting at Fort
Cobb." Quite naturally the food contractors did not wish the Indians to be
taken out of their reach within the limits of a military reservation.

[145] Matthew Leeper was very insistent. He not only wrote letters to
Emory arguing his case but travelled from his agency to Fort Smith to
interview him.

[146] Emory refused to grant the appeal of Major Sackett and Captain
Prince not to abandon Fort Arbuckle [_Official Records_, first ser., vol.
i, 666].

[147] This circumstance ought not, however, to be cited to the prejudice
of Colonel Emory; for it was while he was yet at Fort Smith that he
manifested some of the spirit that inspired Robert E. Lee, who, by the
way, was in command of the 2nd regiment of United States cavalry and had
been stationed, like Emory, in Texas, and who, whether he believed in the
doctrine of secession or not, put, as many another high-minded Southerner
did, the state before the nation in matters of pride, of allegiance, and
of personal honor. Such men as Lee belonged to quite another class from
what the self-seeking politicians did who, in isolated cases at least,
engineered the secession movement from hope of gain. Many of the Indian
agents and employees belonged to this latter class. Emory was unlike Lee
in the final result; for he did not ultimately conclude to go with his
state. It was he who later on commanded, as a Union brigadier-general, the
defences of New Orleans.

[148] See Appendix B, _Leeper Papers_.

[149] Very early, as has already been commented upon, the Texans bethought
them of securing the Indian alliance. Additional evidence is to be found
in such a request as Henry E. McCulloch made of Secretary Walker, on the
occasion of his brother Ben's having passed over to him the charge
originally conferred upon himself of raising a regiment of mounted troops
for the defence of the frontier. Henry E. McCulloch requested Secretary
Walker to permit him

    To use some of the friendly Indians in the Indian Territory, if I can
    procure their services, in my scouting parties and expeditions against
    the hostile Indians. These people can be made of great service to us,
    and can be used without any great expense to the
    Government.--_Official Records_, first ser., vol. i, 618.

[150] Letter of Carruth, July 11, 1861.

[151] As proof that the Texans regarded the Choctaws and the Chickasaws as
friends, the two following letters may be cited:

A letter from John Hemphill and W. S. Oldham, two of the representatives
from Texas in the Provisional Congress, to Secretary Walker, March 30,
1861, outlining a scheme of defence for Texas in which the admission was
made that, from the southwest corner of Arkansas to Preston on the Red
River, Texas needed no defense as her neighbors on that side were, "the
highly-civilized and agricultural tribes of Choctaws and Chickasaws, who
are in friendship with Texas and the Confederate States."--_Official
Records_, first ser., vol. i, 619.

A letter from E. Kirby Smith, major, Artillery, Confederate States of
America, to Walker, April 20, 1861, to the effect that,

    In considering the defense of the line of the western frontier of
    Texas our relations with the civilized Indians north of Red River are
    of the utmost importance. Numbering some eight thousand rifles, they
    form a strong barrier on the north, forcing the line of operations of
    an invading army westward into a region impracticable to the passage
    of large bodies of troops. Regarding them as our allies, which their
    natural affinities make them, the line of the western frontier reduces
    itself to the country between the Rio Grande and Red River.--_Official
    Records_, first ser., vol. i, 628.

[152] Between Fort Washita and Fort Arbuckle, Colonel Emory was overtaken
by William W. Averell, second lieutenant, Regiment Mounted Rifles, with
additional despatches from Townsend, ordering him, upon their receipt,
immediately to repair to Fort Leavenworth, "with all the troops in the
Indian country west of Arkansas" [_ibid._, 667]. Lieutenant Averell's own
account of his experiences on the journey between Washington City and Fort
Washita, the hardships, difficulties, and delays, also the frenzied
excitement of the Arkansas people over the prospect of secession, forms an
interesting narrative [_ibid._, vol. liii, supplement, 488, 493-496].

[153] Black Beaver had served creditably as United States interpreter for
the Wichitas and recently Leeper had turned to him for help in allaying
their fears [Leeper to Rector, dated Wichita Agency, March 28, 1861,
_Leeper Papers_]. For services rendered on this expedition northward to
Fort Leavenworth [Letter of W. S. Robertson, September 30, 1861, General
Files, _Southern Superintendency_, _1859-1862_, R1615], Black Beaver
brought a claim against the United States [E. S. Parker to J. D. Cox, July
1, 1869, Indian Office, _Report Book_, no. 18, pp. 417-418; and same to
same, April 25, 1870, _ibid._, no. 19, p. 321]. Evidently Black Beaver
served also in the Mexican War. He was then head of a company of mounted
volunteers, Shawnees and Delawares [George W. Manypenny to Drew, August 8,
1854], which had been called and mustered into the service by Harney [P.
Clayton, 2nd auditor, to A. K. Parris, 2nd comptroller, October 26, 1850].

[154] Emory to Townsend, May 19, 1861 [_Official Records_, first ser.,
vol. i, 648].

[155] Captain S. T. Benning to Walker, May 14, 1861 [_Official Records_,
first ser., vol. i, 653.]

[156] --_Ibid._

[157] Leeper to Rector, January 13, 1862 [_Leeper Papers_].

[158] A note, communicated by X. B. Debray, aide-de-camp to the Governor
of Texas, to Walker and dated, Richmond, August 28, 1861, says,

    The governor of Texas being convinced that the integrity of the soil
    of Texas greatly depends upon the success of the Southern cause in
    Missouri, and moved by an appeal to the people of Arkansas and Texas
    (published at the beginning of July by General Ben. McCulloch) ordered
    on the 25th ultimo the raising and concentration on Red River of 3,000
    mounted men, besides the regiment commanded by Col. W. C. Young, which
    has been occupying for several months Forts Arbuckle, Cobb, and
    Washita, under authority of Texas, and at the request of the Chickasaw
    Indians.--_Official Records_, first ser., vol. iv, 98.

[159] House _Journal_, Arkansas, 1861, p. 304.

[160] _Confederate Military History_, vol. x, 4.

[161] _Confederate Military Hillary_, vol. x, 7.

[162] Two letters found among the _Fort Smith Papers_ may serve, in a
measure, to illustrate the point:

    LITTLE ROCK, ARKS, Jan{y} 6, 1861.

    DR THAD: I received your letter a few days ago.... I am thankful that
    there are a few righteous men left and particularly gratified that you
    and Henry Lewis are true and faithful to the South.

    I will endeavor to keep you posted so that you may hold your own with
    the Union savers--in sober truth the question is not whether the Union
    ought or can be saved but whether Arkansas shall go with the North or
    adhere to the South. Neither Fishback or anybody can preserve the
    Union--it now becomes us as wise men to put our house in order for the
    impending crisis. I wrote to Porter last night--the Senate have not
    passed the Convention bill and will not in anything like a right
    shape....

        BEN T. DU VAL.

    [Addressed to Capt. M. T. Tatum, Greenwood, Arks.].


    LITTLE ROCK ARK, January 7th 1861.

    DEAR THAD. I enclose you a copy of the printed bill now before our
    House to arm and equip the Militia of this State and to appropriate
    100,000$ for that purpose.... We have passed a bill through the House
    appropriating five hundred dollars to Porter to cover his losses to
    some extent in money which he has paid out in recovering fugitives, it
    ought to have been a good deal more, but I never worked harder for
    anything in my life to get what we did. I think it will pass the
    Senate. The news from South Carolina indicate a Tea party at
    Charleston before many days. From the general signs of the times I
    think a Compromise will be effect between the North and the South and
    the _Union saved_. The Convention bill has not passed the Senate yet
    but will in a few days I think. Give my respects to the boys generally
    Your obt Servt

        JOHN T. LONDON

    [Addressed to Capt. M. T. Tatum, Greenwood, Sebastian County,
    Arkansas.]

[163] An interesting series of telegrams has a bearing upon that event.

    February 1, 1861

    J. J. GREEN, WILLIAM WALKER, Van Buren, Ark.:

    Not possible to leave here. Southern confederacy certain. Arkansas
    must save her children by joining it. Write by mail to-day.

        JOHNSON and HINDMAN,

_Official Records_, first ser., vol. liii, supplement, 617.


    WASHINGTON, February 7, 1861.

    JOHN POPE, ESQ., Little Rock, Ark.:

    For God's sake do not complicate matters by an attack. It will be
    premature and do incalculable injury. We cannot justify it. The
    reasons that existed elsewhere for seizure do not exist with us.

        ALBERT PIKE, R. W. JOHNSON.

--_Ibid._, vol. i, 682.


    U. S. SENATE, WASHINGTON, February 7, 1861.

    HIS EXCELLENCY H. M. RECTOR, Little Rock, Ark.:

    The motives which impelled capture of forts in other States do not
    exist in ours. It is all premature. We implore you prevent attack on
    arsenal if Totten resists.

        R. W. JOHNSON, W. K. SEBASTIAN.

--_Ibid._, 681.


    WASHINGTON, February 7, 1861.

    R. H. JOHNSON, JAMES B. JOHNSON, Little Rock:

    Southern States which captured forts were in the act of seceding, were
    threatened with troops, and their ports and commerce endangered. Not
    so with us. If Totten resists, for God's sake deliberate and go stop
    the assault.

        R. W. JOHNSON.

--_Ibid._, 681-682.


    WASHINGTON, February 7, 1861.

    GOVERNOR RECTOR, Little Rock, Ark.:

    For God's sake allow no attack to be made on Fort Totten.

        A. RUST.

--_Ibid._, vol. liii, supplement, 617.


    February 7, 1861.

    E. BURGEVIN, Little Rock:

    For God's sake do not attack the arsenal. It can do no good and will
    be productive of great harm.

        C. B. JOHNSON.

--_Ibid._


    LITTLE ROCK, February 8, 1861.

    C. B. JOHNSON, Washington:

    Spoke too late, like Irishman who swallowed egg. Arsenal in hands of
    Governor.

        EDMUND BURGEVIN.

_Official Records_, first ser., vol. liii, supplement, 617.

The senders and recipients of the telegraphic dispatches were, with one or
two exceptions, all relatives of each other, and all in public life.
Robert Ward Johnson and William K. Sebastian were, at the time, United
States senators from Arkansas; Thomas C. Hindman and Albert Rust were
Arkansas representatives in Congress; Albert Pike was in Washington,
prosecuting the Choctaw Indian claim; Edmund Burgevin was the
attorney-general of Arkansas and a brother-in-law of Governor Rector;
Richard H. Johnson and James Johnson were brothers of Robert W. Johnson,
the former being proprietor and editor of the Little Rock _Democrat_ and
the latter, in future years, a colonel in the Confederate army. In 1868,
R. W. Johnson moved to Washington City and became the law partner of
Albert Pike. [Arkansas Historical Association, _Publications_, vol. ii,
268.] Hindman was the man who sneered at the precautions taken to insure
President-elect Lincoln's safety [Stanwood, _History of Presidential
Elections_, 235]. Sebastian was expelled from the Senate because of his
southern sympathies; but, as he really took no active part in the
Confederate movements, the resolution of expulsion was rescinded in 1878.

[164] It would be interesting to know whether Elias Rector had as yet
formulated any such plan for personal aggrandizement such as must have
been in his mind when he wrote the letter to Douglas H. Cooper that called
forth from Cooper the following response:

    _Private & Confidential_

    _Copy_

    FORT SMITH May 1st 1861.

    MAJOR ELIAS RECTOR

    Dr. Sir: I have concluded to act upon the suggestion yours of the 28th
    Ultimo contains.

    If we work this thing shrewdly we can make a fortune each, satisfy the
    Indians, stand fair before the North, and revel in the unwavering
    confidence of our Southern Confederacy.

    My share of the eighty thousand in gold you can leave on deposite with
    Meyer Bro, subject to my order. Write me soon. COOPER. Indian Office,
    General Files, _Southern Superintendency, 1863-1864_, I435.

The foregoing letter of Cooper's was one of those referred to in the
following telegraphic communication from Special Agent G. B. Stockton to
Secretary Usher, dated Fort Smith, Arkansas, February 20, 1864:

    I have just found & have now in this office a large desk containing
    indian papers treaties correspondence of Cooper Rector & others,
    correspondence of W. P. Dole as late as May fifteenth 1861 vouchers
    abstracts & correspondence convicting Rector & Cooper of enticing the
    various tribes to become enemies of the U. S. The papers extend back
    as far as 1834 will you please direct me what disposition to make of
    them.

Secretary Usher referred the matter to the Office of Indian Affairs and
Mix instructed Stockton to send the papers on to Washington [Letter of
February 20, 1864]. This Stockton did and notified the Commissioner of
Indian Affairs in this wise, by telegraph:

    I have boxed the Indian Papers which I found at this place, and this
    day send them by wagons to Leavenworth City, Kansas, to be thence
    forwarded by the American Express Company.

There seems to have been considerable delay in their transmittal after
they had passed into the custodianship of the express company but they
eventually reached the Indian Office and to-day form part of the Fort
Smith collection.

[165] The melodious refrain of this,

    That fine Arkansas gentleman,
    Close to the Choctaw line.

unconsciously brings our one of the very ideas sought to be conveyed by
the present chapter; namely, the extremely close connection between
Arkansas and Indian Territory.

[166] This old, old song, "written on the model and to the air of 'The Old
Country Gentleman'," runs thus:

    The song I'll sing, though lately made, it tells of olden days,
    Of a good old Scottish gentleman, of good old Scottish ways;
    When our barons bold kept house and hold, and sung their olden lays
    And drove with speed across the Tweed, auld Scotland's bluidy faes,
    Like brave old Scottish gentlemen, all of the olden time.

_Scottish Songs_, printed by W. G. Blackie and Company (Glasgow).

[167] The commissioners to whom Ogden referred in his letter of February
15, 1861, may have been the tangible evidence of Governor Rector's first
attempt to influence the Indians.

[168] Fleming, _Civil War and Reconstruction in Alabama_, 46, footnote 1.

[169] Smith, _Debates of the Alabama Convention_, 443-444; _Official
Records_, fourth ser., vol i, 3.

[170] Governor Moore had appointed the commissioners, including Hubbard,
on his own initiative before the convention met. See his address, Smith's
_Debates_, 35.

[171] House _Journal_, Arkansas, 38.

[172] House _Journal_, Arkansas, 314, 445.

[173] January 12, 1861.

[174] The resolution is found in House _Journal_, Arkansas, 167 and in
_Official Records_, fourth ser., vol. i, 307. Its text is as follows:

    _Resolved_, That no money or property of any kind whatever, now in the
    hands of the Superintendent of Indian Affairs, or of any Indian agent,
    being placed there, or designed for the Indians on the western
    frontier of Arkansas, shall be seized, but that the same shall so
    remain to be applied to and for the use of the several Indian Nations,
    faithfully, as was designed when so placed in their hands for
    disbursement.

    And the people of the State of Arkansas, here in sovereign convention
    assembled, do hereby pledge the sovereignty of the State of Arkansas,
    that everything in their power shall be done to compel a faithful
    application of all money and property now in the hands of persons or
    agents designed and intended for the several Indian tribes west of
    Arkansas.

    Adopted in and by the convention May 9, 1861.

        DAVID WALKER, President of the Arkansas State Convention.

    Attest. ELIAS C. BOUDINOT, Secretary of the Convention.

[175]

    BOONSBOROUGH, ARK., May 9, 1861.

    HON. JOHN ROSS:

    Dear Sir: The momentous issues that now engross the attention of the
    American people cannot but have elicited your interest and attention
    as well as ours. The unfortunate resort of an arbitrament of arms
    seems now to be the only alternative. Our State has of necessity to
    co-operate with her natural allies, the Southern States. It is now
    only a question of North and South, and the "hardest must fend off."
    We expect manfully to bear our part of the privations and sacrifices
    which the times require of Southern people.

    This being our attitude in this great contest, it is natural for us to
    desire, and we think we may say we have a right, to know what position
    will be taken by those who may greatly conduce to our interests as
    friends or to our injury as enemies. Not knowing your political status
    in this present contest as the head of the Cherokee Nation, we request
    you to inform as by letter, at your earliest convenience, whether you
    will co-operate with the Northern or Southern section, now so
    unhappily and hopelessly divided. We earnestly hope to find in you and
    your people true allies and active friends; but if, unfortunately, you
    prefer to retain your connection with the Northern Government and give
    them aid and comfort, we want to know that, as we prefer an open enemy
    to a doubtful friend.

    With considerations of high regard, we are, your obedient servants,

        MARK BEAN,
        W. B. WELCH,
        E. W. MACCLURE,
        JOHN SPENCER,
        J. A. MCCOLLOCH,
        J. M. LACY,
        J. P. CARNAHAN,
        _And many others_.

_Official Records_, first ser., vol. xiii, 493-494; Indian Office, General
Files, _Cherokee, 1859-1865_, C515.

[176] Indian Office, General Files, _Cherokee, 1859-1865_, C515; _Official
Records_, first ser., vol. i, 683-684; vol. xiii, 490-491.

[177] Indian Office, General Files, _Cherokee, 1859-1865_, C515; _Official
Records_, first ser., vol. i, 683.

[178] In a letter to A. B. Greenwood, dated Fort Smith, February 13, 1861,
he says:

    On the 11th Inst. I sent a dispatch to you asking for Troops and
    yesterday rec'd an answer making enquiries as to the Object for which
    they are wanted, and asking if the Governor's Commissioner was here &
    what was his Object.

    I have just replyed in a Dispatch, that the Gov. has no Com. here and
    has had none. I suppose you have been Tehlegraphed that there was a
    Com. and that for mischief. Now the following are the facts in the
    case as far as I have been able to learn them. On Saturday or Sunday
    last there came a young man by the name of Gains called Dr. Gains from
    Little Rock. He stated his object was to visit the Indian Tribes west
    of this to cultivate with them friendly Relations and stated moreover
    that he was authorized to do so by the Gov. of Arkansas. When I
    returned your Dispatch I went to Dr. Gains and asked him in the
    presents of witnesses if he was acting as Com. for the Gov. of
    Arkansas he replyed that he was not, and now Sir I am sorry to learn
    to day that a rumor is afloat that I am here to aid in taking this
    post & that by having Troops sent from here to weaken the forces.
    Nothing can be more false. In the first place, the Citizens have no
    Disposition to interfere with this post in any way and the truth is I
    see no persons but the Officers and I will not judge of their motives.

    Them and myself are all friendly as far as I know except it may be
    they object to a Speach I made here on Monday night last. I can say
    and prove by all the best citizens of the Place that my remarks were
    mild and conciliatory and could not be objectionable to any true
    Southern man this the citizens of the City will bare me out, the truth
    is the only objection they could make to my speech was that it was
    unanswerable. I told you the same when in Washington. I appeal to the
    Citizens for the truth of what I say. I desire troops to protect the
    Cherokees from Abolition forays from Kansas & the Neutral land. I am
    told that there are three times the No. of Intruders now that there
    was there last fall and that violent threats have been made by Kansas.

    In the next place I can do nothing without Troops there and a No. of
    lawless murderers in the Nation that cannot without Troops, and I told
    you those things when with you last and in addition to the above facts
    the Troops can live and support quite as comfortable and for less
    money out there than they can here.--Indian Office, General Files,
    _Cherokee, 1859-1865_.

[179] The proof appeared in the correspondence of John B. Ogden,
commissioner of the district court of the United States for the western
district of Arkansas. On March 4, 1861, Ogden wrote from Van Buren to the
Secretary of the Interior the following letter:

    Having learned on the 15th of Feb{y} last from rumor the person
    appointed as Com{r} had been sent by Gov. Rector of the State of
    Arkansas to the Indian tribes upon our frontier for co-operation in
    secession movements, and the same being in violation of treaty
    stipulations and the laws enacted by Congress regulating trade and
    Intercourse, I addressed a letter of inquiry to John Ross principal
    chief of the Cherokee Nation in relation to the same, which letter
    accompanies this with his reply--The letter to me I think was intended
    to be confidential from its language and from my conversation with the
    messenger who was the bearer of it to me, of this however I cannot
    positively judge and have thought best to forward the same. John Ross
    was unable to give me an imediate answer as he was not personally
    advised of the subject matter. But upon the return of Mr W. P. Ross
    who was a delegate from the Cherokees to a General Council being held
    of the tribes West of Arkansas in relation to their own international
    policy, he became advised of the matter of inquiry and for the purpose
    of furnishing the required information sent Mr W. P. Ross the bearer
    of this letter to Van Buren that he might fully communicate with me in
    the matter. I learn from him that one Dr J. J. Gains late editor of a
    secession sheet at Little Rock, did attend the said Council held by
    the Indian tribes west of Ark{s} in the Choctaw Nation, and that said
    Gains announced to the Council his mission to be that of a Com{r} from
    Arkansas accredited by the Gov{r} to consult with them in relation to
    co-operation with the seceding States--That he submitted a written
    Statement to them in reference to their interests and future relations
    in the event of a dissolution of the Union--but that he was guarded in
    his propositions--You will learn from M{r} John Ross' letter that he
    informs me officially that the present (agent) of the Cherokees "is
    officiously advocating the secession policy of the southern States and
    that his endeavoring to influence the Cherokees to take sides and act
    in Concert with the Seceding States."--I can state from my own
    information that when said Agent is in Ark{s} he is invariably to be
    found upon the stump "open-mouthed and--" for disunion, to the great
    anoyance of the good people of the Country. These people should be
    heard and their grievances redressed and the causes removed, and some
    man of correct constitutional morals appointed in his stead. We have
    hosts of such men in this State, and as the Incoming Administration
    are not advised of persons in this country, allow me to suggest that
    on application to the Hon. A. B. Greenwood now of Washington the
    selection of a suitable person could be named. I have no doubt, that
    would be satisfactory--pardon this apparent officiousness--At this
    time my great anxiety for the preservation of the Union must be my
    apology for what I have said.

    I also enclose you a copy of a permit furnished me by M{r} Ross issued
    by said agent.--Indian Office, General Files, _Cherokee, 1859-1865_,
    O32.

    _Inclosures_

    1. John Ogden to John Ross, February 15, 1861.

    2. John Ross to John B. Ogden, February 28, 1861.

    3. CHEROKEE AGENCY, near Tahlequah, C. N.

    Isaac G. Freeman, a citizen of what was formerly the United States and
    a farmer by occupation has permission to remain with J. C. Cunningham
    near Park Hill in said Nation and labor for the said Cunningham for
    twelve months from this date subject to be removed by the Agent at any
    time for cause.

        R. J. COWART, U. S. Cherokee Agent.

    [Endorsement] A true copy from the original as taken by me March 1st
    1861

        WILL P. ROSS

    4. Newspaper clippings, one containing the Choctaw resolutions of
    February 7, 1861, and the other this:

    Dr. J. J. Gains, (an old editor) dropped in upon us, last week, on his
    way to Little Rock, from the Indian country. His mission was one of
    peace, and not to "_incite rebellion_" as was telegraphed to
    Washington City, by some officious person. We were glad to learn from
    him, that our border friends are all right.

[180] General Files, _Cherokee, 1859-1865_, C515; _Official Records_,
first ser., vol. xiii, 491-492.

[181] Stephens says they were almost equally divided on the question of
secession [_Constitutional View of the Late War between the States_, vol.
ii, 363].

[182] On April 20, 1861.

[183] Stephens, _op. cit._, vol. ii, 375; _Official Records_, first ser.,
vol. i, 674, 687.

[184] _Official Records_, first ser., vol. i, 686.

[185] _Journal_, Arkansas Convention, 369.

[186] The importance of such an alliance seems never to have been lost
sight of. In his message of May 6, 1861, Governor Rector called attention
to the fact that Arkansas was the most exposed state in the Union, because
of the Indians on the west [_Journal_, 153]. In various ways, he
emphasized the strategical value of Indian Territory [_ibid._, 156].

[187] _Journal_, Arkansas Convention, 183.

[188] See page 183.

[189] _Journal_, Arkansas Convention, 189.

[190] --_Ibid._, 295.

[191] N. Bart Pearce had just been created by the convention
"brigadier-general of Arkansas, to command the Western frontier."

[192] On the thirteenth of May, the Confederate War Department had
assigned Ben McCulloch to the command of the district embracing Indian
Territory.

[193] _Journal_, Arkansas Convention, 369.

[194] _Official Records_, first ser., vol. i, 691.

[195] These resolutions are found in the _Official Record_, first ser.,
vol. iii, 585-587 and are as follows:

    _Resolutions of the Senate and House of Representatives of the
    Chickasaw Legislature assembled_, May 25, 1861: Whereas the Government
    of the United States has been broken up by the secession of a large
    number of States composing the Federal Union--that the dissolution has
    been followed by war between the parties; and whereas the destruction
    of the Union as it existed by the Federal Constitution is irreparable,
    and consequently the Government of the United States as it was when
    the Chickasaw and other Indian nations formed alliances and treaties
    with it no longer exists; and whereas the Lincoln Government,
    pretending to represent said Union, has shown by its course towards
    us, in withdrawing from our country the protection of the Federal
    troops, and withholding, unjustly and unlawfully, our money placed in
    the hands of the Government of the United States as trustee, to be
    applied for our benefit, a total disregard of treaty obligations
    toward us; and whereas our geographical position, our social and
    domestic institutions, our feelings and sympathies, all attach us to
    our Southern friends, against whom is about to be waged a war of
    subjugation or extermination, of conquest and confiscation--a war
    which, if we can judge from the declarations of the political
    partisans of the Lincoln Government, will surpass the French
    Revolution in scenes of blood and that of San Domingo in atrocious
    horrors; and whereas it is impossible that the Chickasaws, deprived of
    their money and destitute of all means of separate self-protection,
    can maintain neutrality or escape the storm which is about to burst
    upon the South, but, on the contrary, would be suspected, oppressed,
    and plundered alternately by armed bands from the North, South, East,
    and West; and whereas we have an abiding confidence that all our
    rights--tribal and individual--secured to as under treaties with the
    United States, will be fully recognized, guaranteed, and protected by
    our friends of the Confederate States; and whereas as a Southern
    people we consider their cause our own: Therefore,

    _Be it resolved by the Chickasaw Legislature assembled_, 1st. That the
    dissolution of the Federal Union, under which the Government of the
    United States existed, has absolved the Chickasaws from allegiance to
    any foreign government whatever; that the current of the events of the
    last few months has left the Chickasaw Nation _independent_, the
    people thereof free to form such alliances, and take such steps to
    secure their own safety, happiness, and future welfare as may to them
    seem best.

    2d. _Resolved_, That our neighboring Indian nations--Choctaws,
    Cherokees, Creeks, Seminoles, Osages, Senecas, Quapaws, Comanches,
    Kiowas, together with the fragmentary bands of Delawares, Kickapoos,
    Caddoes, Wichitas, and others within the Choctaw and Chickasaw country
    who are similarly situated with ourselves, be invited to co-operate,
    in order to secure the independence of the Indian nations and the
    defense of the territory they inhabit from Northern invasion by the
    Lincoln hordes and Kansas robbers, who have plundered and oppressed
    our red brethren among them, and who doubtless would extend towards us
    the protection which the wolf gives to the lamb should they succeed in
    overrunning our country; that the Chickasaws pledge themselves to
    resist by all means and to the death any such invasion of the lands
    occupied by themselves or by any of the Indian nations; and that their
    country shall not be occupied or passed through by the Lincoln forces
    for the purpose of invading our neighbors, the States of Arkansas and
    Texas, but, on the contrary, any attempt to do so will be regarded as
    an act of war against ourselves, and should be resisted by all the
    Indian nations as insulting to themselves and tending to endanger
    their Territorial rights.

    3d. _Resolved_, That it is expedient, at the very earliest day
    possible, that commissioners from other Indian nations for the purpose
    of forming a league or confederation among them for mutual safety and
    protection, and also to the Confederate States in order to enter into
    such alliance and to conclude such treaties as may be necessary to
    secure the rights, interest, and welfare of the Indian tribes, and
    that the co-operation of all the Indian nations west of the State of
    Arkansas and south of Kansas be invited for the attainment of these
    objects.

    4th. _Resolved_, That the Chickasaws look with confidence especially
    to the Choctaws (whose interests are an closely interwoven with their
    own, and who were the first through their national council to declare
    their sympathy for, and their determination, in case of a permanent
    dissolution of the Federal Union, to adhere to the Southern States),
    and hope they will speedily unite with us in such measures as may be
    necessary for the defense of our common country and a union with our
    natural allies, the Confederate States of America.

    5th. _Resolved_, That while the Chickasaw people entertain the most
    sincere friendship for the people of the neighboring States of Texas
    and Arkansas, and are deeply grateful for the prompt offer from them
    of assistance in all measures of defense necessary for the protection
    of our country against hostile invasion, we are desirous to hold
    undisputed possession of our lands and all forts and other places
    lately occupied by the Federal troops and other officers and persons
    acting under the authority of the United States, and that the governor
    of the Chickasaw Nation be, and he is hereby, instructed to take
    immediate steps to obtain possession of all such forts and places
    within the Choctaw and Chickasaw country, and have the same
    garrisoned, if possible, by Chickasaw troops, or else by troops acting
    expressly under and by virtue of the authority of the Chickasaw or
    Choctaw nations, until such time as said forts, Indian agencies, etc.,
    may be transferred by treaty to the Confederate States.

    6th. _Resolved_, That the governor of the Chickasaw Nation be, and he
    is hereby, instructed to issue his proclamation to the Chickasaw
    Nation, declaring their _independence_, and calling upon the Chickasaw
    warriors to form themselves into volunteer companies of such strength
    and with such officers (to be chosen by themselves) as the governor
    may prescribe, to report themselves by filing their company rolls at
    the Chickasaw Agency, and to hold themselves, with the best arms and
    ammunition, together with a reasonable supply of provisions, in
    readiness at a minute's warning to turn out, under the orders of the
    commanding general of the Chickasaws, for the defense of their country
    or to aid the civil authorities in the enforcement of the laws.

    7th. _Resolved_, That we have full faith and confidence in the justice
    of the cause in which we are embarked, and that we appeal to the
    Chickasaw people to be prepared to meet the conflict which will
    surely, and perhaps speedily, take place, and hereby call upon every
    man capable of bearing arms to be ready to defend his home and family,
    his country and his property, and to render prompt obedience to all
    orders from the officers set over them.

    9th [8th]. _Resolved_, That the governor cause these resolutions to be
    published in the National Register, at the Boggy Depot, and copies
    thereof sent to the several Indian nations, to the governors of the
    adjacent States, to the President of the Confederate States, and to
    Abraham Lincoln, President of the Black Republican Party.

    Passed the House of Representatives May 25, 1865.

       A. ALEXANAN, Speaker House Representatives.

    Attest: C. CARTER, Clerk House Representatives

    Passed the Senate.

        JOHN E. ANDERSON, President of Senate.

    Attest: JAMES N. MCLISH, Clerk of Senate.

    Approved, Tishomingo, May 25, 1861.

        C. HARRIS, Governor.

[196] See _footnote_ 175.

[197] General Files, _Cherokee, 1859-1865_, C515; _Official Records_,
first ser., vol. xiii, 492.

[198] General Files, _ibid._; _Official Records_, first ser., vol. xiii,
492-493.

[199] The text of this is to be found in various places. The most
convenient of such places are, _Official Records_, first ser., vol. xiii,
489-490 and Moore's _Rebellion Record_, vol. ii, 145-146. A manuscript
copy of the proclamation may be found in General Files, _Cherokee,
1859-1865_, C515; and a synopsis of its contents in Moore's _Rebellion
Record_, vol. ii, 1-2.

[200] Ross gave the citizens of Boonsboro their direct answer, May 18,
1861 [General Files, _Cherokee, 1859-1865_, C515; _Official Records_,
first ser., vol. xiii, 494-495].

[201] The official list of members of the Confederate congresses can be
found in _Official Records_, fourth ser., vol. iii, 1185-1191.

[202] Provisional Congress of the Confederate States, _Journal_, vol. i,
70.

[203] --_Ibid._, 81.

[204] Under the second section of the law of February 21, 1861, Indian
affairs had been left for general supervision to the War Department
[_Provisional and Permanent Constitutions of the Confederate States and
Acts and Resolutions of the First Session of the Provisional Congress_,
48]. The Bureau of Indian Affairs, created by the law of March 15, 1861,
was made a bureau of the War Department.

[205] Provisional Congress _Journal_, vol. i, 142; Richardson, _Messages
and Papers of the Confederacy_.

[206] _Provisional and Permanent Constitutions_, 133-134.

[207] Provisional Congress _Journal_, vol. i, 154.

[208] Hubbard had occupied other and earlier positions of importance; but
it must certainly have been upon the basis of the experience gained in
filling this one that his nomination for commissioner of Indian affairs
was made. Hubbard had been a state senator, a representative in the
twenty-sixth and in the thirty-first United States congresses, and
presidential elector on the Democratic ticket in 1844 and on the
Breckinridge and Lane ticket in 1860 [_Biographical Congressional
Directory_, _1774-1903_, 608].

[209]

    The Bureau of Indian Affairs ... has been organized.... So far this
    Bureau has found but little to do. The necessity for the extension of
    the military arm of the Government toward the frontier, and the
    attitude of Arkansas, without the Confederacy, have contributed to
    circumscribe its action. But this branch of the public service
    doubtless will now grow in importance in consequence of the early
    probable accession of Arkansas to the Confederacy; of the friendly
    sentiments of the Creeks, Cherokees, Choctaws, and Chickasaws, and
    other tribes west of Arkansas toward this Government; of our
    difficulties with the tribes on the Texas frontier; of our hostilities
    with the United States, and of our probable future relations with the
    Territories of Arizona and New Mexico.--Extract from the Report of
    Secretary Walker to President Davis, April 27, 1861 [_Official
    Records_, fourth ser., vol. i, 248].

[210] Davis would have preferred to have had Toombs for secretary of the
treasury [Rhodes, _History of the United States_, vol. iii, 295, _note_
7].

[211] _Journal_, vol. i, 105.

[212] Both Pike and Toombs reached in time the thirty-second degree, or
Scottish Rite. Note Pike's glowing tribute to Toombs, quoted in
Richardson, _Messages and Papers of the Confederacy_, vol. ii, 142.

[213] _Journal_, vol. i, 205.

[214] --_Ibid._, 225.

[215] Just what particular sets of resolutions those were I have no means
of knowing. The most important set of Chickasaw resolutions, those issued
under date of May 25, 1861 [_Official Records_, first ser., vol. iii,
585-587] had not yet been passed. The Choctaw resolutions presented may
have been and very probably were those of February 7, 1861 [_ibid._].

[216] On the twenty-first of May, President Davis approved "An Act for the
protection of the Indian Tribes" [_Journal_, 263], it having gone through
its various stages of amendment and having passed Congress, May
seventeenth [_ibid._, 244]. Adjutant-general G. W. Andrews reports,
November 4, 1912, that nothing additional concerning the text of this law
is to be found in the Confederate archives.

[217] _Journal_, vol. i, 244.

[218] Governor Clark of Texas, also, at this time displayed great interest
in the matter. On the fifteenth of May, he wrote to President Davis that
he was constituting James E. Harrison, a man thoroughly conversant with
the whole subject, "the duly accredited agent of Texas to convey" the
Report of April 23, 1861 to Richmond [_Official Records_, fourth ser.,
vol. i, 322].

[219] See letter from Pearce to President Davis, May 13, 1861 [_ibid._,
first ser., vol. iii, 576].

[220] _Official Records_, fourth ser., vol. i, 572-574.

[221] Pike was appointed under authority of a resolution passed by
Congress, March 5, 1861. See Message of President Davis, December 12, 1861
[_ibid._, fourth ser., vol. i, 785].

[222] To-day he is, perhaps, best known by his parody on "Dixie" and by
his singularly beautiful and pathetic "Every Year" [_Poems_, Roome's
edition, 31-34].

[223] See _Journal of Proceedings_, no. 273 of Johns Hopkins University
Civil War Pamphlets.

[224] Bishop, _Loyalty on the Frontier_, 148-151.

[225] The poem is printed entire in Bishop's _Loyalty on the Frontier_,
149-150. The first two stanzas are here given:

    DISUNION

    Ay, shout! 'Tis the day of your pride,
      Ye despots and tyrants of earth;
    Tell your serfs the American name to deride,
      And to rattle their fetters in mirth.
    Ay, shout! for the league of the free
      Is about to be shivered to dust,
    And the rent limbs to fall from the vigorous tree,
    Shout! shout! for more firmly established, will be
    Your thrones and dominions beyond the blue sea.

    Laugh on! for such folly supreme,
      The world has yet never beheld;
    And ages to come will the history deem,
      A tale by antiquity swelled;
    For nothing that time has upbuilt
      And set in the annals of crime,
    So stupid and senseless, so wretched in guilt,
      Darkens sober tradition or rhyme.
    _It will be like the fable of Eblis' fall,
    A by-word of mockery and horror to all._

[226] _Official Records_, first ser., vol. iii, 580-581.

[227] In a letter to Commissioner D. N. Cooley, under date of February 17,
1866, Pike said that Toombs requested him in May of 1861 to visit the
Indian country as commissioner. I have not been able to find out whether
Toombs made his request in writing or verbally. The correspondence of
Toombs recently edited by U. B. Phillips does not furnish any additional
information on this point.

[228] On one very important occasion, Albert Pike was not strictly fair to
the Indians. That occasion was after the war when the United States Indian
Office was endeavoring to make a settlement with the Cherokees on the
basis of their adherence to the Confederate cause. Pike was appealed to
and threw the weight of his influence against John Ross, but most unjustly
as it would seem. The letter embodying his views is a narrative of the
events of 1861 as they happened in the Indian country under his scrutiny,
and may as well be inserted here in full. It is to be found in the Indian
Office in a bundle labeled, "Loyalty of John Ross, Principal Chief of the
Cherokees: Letter of Albert Pike (original), Feb. 17, 1866--and _Copies_
of several of Ross' letter--relative to his _loyalty_ in 1861 & 1862,
etc."

    5. _Albert Pike to the Commissioner of Indian Affairs_

    MEMPHIS, TENNESSEE, 17th February 1866.

    SIR: I have received, to-day, a copy of the "Memorial" of the
    "Southern Cherokees," to the President, Senate and House of
    Representatives, in reply to the Memorial of other Cherokees claiming
    to be "loyal."

    It is not for me to take any part in the controversy between the two
    portions of the Cherokee People, nor have I any interest that could
    lead me to side with one in preference to the other. Nor am I much
    inclined, having none of the rights of a Citizen, to offer to testify
    in any matter, when my testimony may not be deemed worthy of credit,
    as that of one not yet restored to respectability and creditability by
    a pardon.

    But, as I know it to be contemptible as well as false, for Mr. John
    Ross and the "loyal" Memorialists to pretend that they did not
    voluntarily engage themselves by Treaty Stipulations to the
    Confederate States, and as you have desired my testimony, I have this
    to say, and I think no man will be bold enough to deny any part of it.

    In May, 1861, I was requested by Mr. Toombs, Secretary of State of the
    Confederate States, to visit the Indian Country as Commissioner, and
    assure the Indians of the friendship of those States. The Convention
    of the State of Arkansas, anxious to avoid hostilities with the
    Cherokees, also applied to me to act as such Commissioner. I
    accordingly proceeded to Fort Smith, where some five or six Cherokees
    called upon General McCulloch and myself, representing those of the
    Cherokees who sympathized with the South, in order to ascertain
    whether the Confederate States would protect them against Mr. Ross and
    the Pin Indians, if they should organize and take up arms for the
    South. We learned that some attempts to raise a Secession flag in the
    Cherokee Country on the Arkansas had been frustrated by the menace of
    violence; and those who came to meet us represented the Pin
    Organization to be a Secret Society, established by Evan Jones, a
    Missionary, and at the service of Mr. John Ross, for the purpose of
    abolitionizing the Cherokees and putting out of the way all who
    sympathized with the Southern States.

    The truth was, as I afterwards learned with certainty, the Secret
    Organization in question, whose members for a time used as a mark of
    their membership a _pin_ in the front of the hunting shirt, was really
    established for the purpose of depriving the half-breeds of all
    political power, though Mr. Ross, himself a Scotchman and a McDonald
    by the father and the mother, was shrewd enough to use it for his own
    ends. At any rate, it was organized and in _full_ operation, long
    before Secession was thought of.

    General McCulloch and myself assured those who met us at Fort Smith,
    that they should be protected; and agreed to meet, at an early day
    then fixed, at Park Hill, where Mr. Ross resided. Upon that I sent a
    messenger with letters to five or six prominent members of the
    Anti-Ross party, inviting them to meet me at the Creek Agency, two
    days after the day on which General McCulloch and I were to meet at
    Park Hill.

    I did not expect to effect any arrangement with Mr. Ross, and my
    intention was to treat with the heads of the Southern party, Stand
    Watie and others.

    When we met Mr. Ross at Park Hill, he refused to enter into any
    arrangement with the Confederate States. He said that his intention
    was to maintain the neutrality of his people; that they were a small
    and weak people, and would be ruined and destroyed if they engaged in
    the war; and that it would be a cruel thing if we were to engage them
    in our quarrel. But, he said, all his interests and all his feelings
    were with us, and he knew that his people must share the fate and
    fortunes of Arkansas. We told him that the Cherokees _could_ not be
    neutral. We used every argument in our power to change his
    determination, but in vain; and finally General McCulloch informed him
    that he would respect the neutrality of the Cherokees, and would not
    enter their Country with troops, or place troops in it, unless it
    should become necessary in order to expel a Federal force, or to
    protect the Southern Cherokees.

    So we separated. General McCulloch kept his word, and no Confederate
    troops ever were stationed in or marched into the Cherokee Country,
    until after the Federal troops invaded it.

    Before leaving the Nation I addressed Mr. Ross a letter, which I
    afterwards printed, and circulated among the Cherokee people. In it I
    informed him that the Confederate States would remain content with his
    pledge of neutrality, although he would find it impossible to maintain
    that neutrality; that I should not again offer to treat with the
    Cherokees, and that the Confederate States would not consider
    themselves bound by my proposition to pay the Cherokees for the
    neutral land, if they should lose it in consequence of the war. I had
    no further communication with Mr. Ross until September.

    Meanwhile, he had persuaded Opoth le Yahola, the Creek leader, not to
    join the Southern States, and had sent delegates to meet the Northern
    and other Indians in Council near the Antelope Hills, where they all
    agreed to be neutral. The purpose was, to take advantage of the war
    between the States, and form a great independent Indian
    Confederation--I defeated all that, by treating with the Creeks at the
    very time that their delegates were at the Antelope Hills in Council.

    When I had treated with them and with the Choctaws and Chickasaws, at
    the North Fork of the Canadian, I went to the Seminole Agency and
    treated with the Seminoles. Then I went to the Wichita Agency, having
    previously invited the Reserve Indians to return there, and invited
    the prairie Comanches to meet me. After treating with these, I
    returned by Fort Arbuckle, and before reaching there, met a nephew of
    Mr. Ross, and a Captain [Keld? _sic_] in the prairie, bearing a letter
    to me from Mr. Ross and his Council, with a copy of the resolutions of
    Council, and an invitation in pressing terms to repair to the Cherokee
    Country and enter into a Treaty.

    I consented, fixed a day for meeting the Cherokees, and wrote Mr. Ross
    to that effect, requesting him also to send messengers to the Osages,
    Quapaws, Shawnees, Senecas, &c. and invite them to meet me at the same
    time. He did so, and at the time fixed I went to Park Hill, and there
    effected Treaties.

    When I first entered the Indian Country, in May, I had as an escort
    one company of mounted men. I went in advance of them to Park Hill;
    General McCulloch went there without an escort. At the Creek Agency I
    sent the Company back: I then remained without escort or guard, until
    I had made the Seminole Treaty, camping with my little party and
    displaying the Confederate flag. When I went to the Wichita Country, I
    took an escort of Creeks and Seminoles. These I discharged at Fort
    Arbuckle on my return, and went, accompanied only by four young men,
    through the Creek Country to Fort Gibson, refusing an escort of Creeks
    offered me on the way.

    From Fort Gibson eight or nine companies of Colonel Drew's Regiment of
    Cherokees, chiefly full-bloods and Pins, escorted me to Park Hill.
    This regiment was raised by order of the National Council, and its
    officers appointed by Mr Ross, his nephew William P. Ross, Secretary
    of the Nation, being Lieut. Colonel, and Thomas Pegg, President of the
    National Committee, being its Major.

    I encamped, with my little party near the residence of the Chief,
    unprotected even by a guard, and with the Confederate flag flying. The
    terms of the Treaty were fully discussed and the Cherokee authorities
    dealt with me on equal terms. Mr. John Ross had met me as I was on my
    way to Park Hill, escorted by the National Regiment, and had welcomed
    me to the Cherokee Nation, in an earnest and enthusiastic speech; and
    seemed to me throughout to be acting in perfect good faith. I acted in
    the same way with him.

    After the treaties were signed, I presented Colonel Drew's Regiment a
    flag, and the chief in a speech exhorted them to be true to it: and
    afterwards, _at his request, I wrote the Cherokee Declaration of
    Independence_ which is printed with the Memorial of the Southern
    Cherokees. I no more doubted, then, that Mr. Ross' whole heart was
    with the South, than that mine was. _Even in May he said to General
    McCulloch and myself, that if Northern troops invaded the Cherokee
    Country, he would head the Cherokees and drive them back._ "_I have
    borne arms_" he said, "_and though I am old I can do it again_."

    At the time of the treaty there were about nine hundred Cherokees of
    Colonel Drew's Regiment encamped near, and fed by me, and Colonel
    Watie, who had almost abandoned the idea of raising a regiment, had a
    small body of men, not more, I think, than eighty or ninety, at
    Tahlequah. When the flag was presented, Col. Watie was present, and
    after the ceremony the chief shook hands with him and expressed his
    warm desire for union and harmony in the Nation.

    The gentlemen whom I had invited to meet me in June at the Creek
    Agency did not do so. They were afraid of being murdered, they said,
    if they openly sided with the South. In October they censured me for
    treating with Mr. Ross, and were in an ill humour, saying that the
    regiment was raised in order to be used to oppress _them_.

    The same day that the Cherokee Treaty was signed, the Osages, Quapaws,
    Shawnees and Senecas signed treaties, and the next day they had a talk
    with Mr. Ross at his residence, smoked the great pipe and renewed
    their alliance, being urged by him to be true to the Confederate
    States.

    I protest that I believed Mr. John Ross, at this time and for long
    after, to be as sincerely devoted to the Confederacy as I myself was.
    He was frank, cheerful, earnest, and evidently believed that the
    independence of the Confederate States was an accomplished fact. I
    should dishonour him if I believed that he then dreamed of abandoning
    the Confederacy or turning the arms of the Cherokees against us in
    case of a reverse.

    Before I left the Cherokee Country, part of the Creeks, under
    Opoth-le-Yaholo left their homes, under arms and threatened
    hostilities. Mr. Ross, at my request, invited the old Chief to meet
    him, and urged him to unite with the Confederate States. Colonel
    Drew's regiment was ordered into the Creek Country, and afterwards, on
    the eve of the action at Bird Creek, abandoned Colonel Cooper, rather
    than fight against their neighbours. But after the action, the
    regiment was again reorganized. The men were eager to fight, they
    said, against the Yankees; but did not wish to fight their own
    brethren, the Creeks.

    When General Curtis entered North Western Arkansas, in February 1862,
    I sent orders from Fort Smith to Colonel Drew to move towards
    Evansville and receive orders from General McCulloch. Colonel Watie's
    Regiment was already under General McCulloch's command. Colonel Drew's
    men moved in advance of Colonel Watie, with great alacrity, and showed
    no want of zeal at Pea Ridge.

    I do not _know_ that any one was scalped at that place or in that
    action, except from information. None of my officers knew it at the
    time. I heard of it afterwards. I cannot say to which regiment those
    belonged who did it. But it has been publicly charged on some of the
    same men who afterwards abandoned the Confederate cause and enlisting
    in the Federal Service were sent into Arkansas to ravage it.

    After the actions at Pea Ridge and Elk Horn, the Regiment of Colonel
    Drew was moved to the mouth of the Illinois, where I was able, after a
    time, to pay them $25 cash, the commutation for six months' clothing,
    in Confederate money. Nothing more, owing to the wretched management
    of the Confederate government, was ever paid them; and the clothing
    procured for them was plundered by the commands of Generals Price and
    Van Dorn. The consequence was that when Colonel Weer entered the
    Cherokee Country, the Pin Indians joined him _en masse_.

    I had procured at Richmond, and paid Mr. Lewis Ross, Treasurer of the
    Cherokee Nation, about the first of March 1862, in the Chief's house
    and in the Chief's presence, the moneys agreed to be paid them by
    Treaty, being about $70,000 (I think) in coin, and among other sums
    $150,000 in Confederate Treasury notes, loaned the Nation by way of
    advance on the price expected to be paid for the Neutral land. This
    sum had been promised in the Treaty at the earnest solicitation of Mr.
    John Ross; and it was generally understood that it was desired for the
    special purpose of redeeming scrip of the Nation issued long before,
    and much of which was held by Mr. Ross and his relatives. That such
    _was_ the case, I do not know. I only know that the moneys were paid,
    and that I have the receipts for them, which, with others, I shall
    file in the Indian Office.

    In May, 1862, Lieut. Colonel William P. Ross visited my camp at Fort
    McCulloch, near Red River, and said to me that "the Chief" would be
    gratified if he were to receive the appointment of Brigadier General
    in the Confederate Service. I did not ask him if he was authorized by
    the Chief to say so; but I did ask him if he were _sure_ that the
    appointment would gratify him; and being so assured, I promised to
    urge the appointment. I did so, more than once, but never received a
    reply. It was not customary with the Confederate War Department to
    exhibit any great wisdom; and in respect to the Indian Country its
    conduct was disgraceful. Unpaid, unclothed, uncared for, unthanked
    even, and their services unrecognized, it was natural the Cherokees
    should abandon the Confederate flag.

    When Colonel Weer invaded the Cherokee Country, Mr. Ross refused to
    have an interview with him, declaring that the Cherokees would remain
    faithful to their engagements with the Confederate States. There was
    not then a Confederate soldier in the Cherokee Nation, to overawe Mr.
    Ross or Major Pegg or any other "loyal" Cherokee. Mr. Ross sent me a
    copy of his letter to Colonel Weer, and I had it printed and sent over
    Texas, to show the people there that the Cherokee Chief was "loyal" to
    the Confederate States.

    Afterwards, when Stand Watie's Regiment and the Choctaws were sent
    over the Arkansas into the Cherokee Country, and Mr. Ross considered
    his life in danger from his own people, in consequence of their
    ancient feud, he allowed himself to be taken prisoner by the Federal
    troops. At the time, I believed that if white troops had been sent to
    Park Hill, who would have protected him against Watie's men, he would
    have remained at home and adhered to the Confederacy: for either he
    was true to his obligations to the Confederate States, voluntarily
    entered into,--true at heart and in his inmost soul,--or else he is
    falser and more treacherous than I can believe him to be.

    The simple truth is, Mr. Commissioner, that the "loyal" Cherokees
    hated Stand Watie and the half-breeds and were hated by them. They
    were perfectly willing to kill and scalp Yankees, and when they were
    hired to change sides, and twenty two hundred of them were organized
    into regiments in the _Federal_ Service, they were just as ready to
    kill and scalp when employed against us in Arkansas. _We_ did _not_
    pay and clothe them, and the United States _did_. They scalped for
    those who paid for and clothed them. As to "loyalty" they had none at
    all.

    I entered the Indian Country in May, and left it in October. For five
    months I travelled and encamped in it, unprotected by white troops,
    alone with the four young men, treating with the different tribes. If
    there had been any "loyalty" among the Indians, I could not have gone
    a mile in safety. Opoth-le-Yaholo was not "loyal." He feared the
    McIntoshes, who had raised troops, and who, he thought, meant to kill
    him for killing their father long years before. He told me that he did
    not wish to fight against the Southern States, but only that the
    Indians should all act together. If Mr. Ross had treated with us at
    first, _all_ the Creeks would have done the same. If Stand Watie and
    his party took _one_ side, John Ross and his party were sure, in the
    end, to take the other, _especially when that other proved itself the
    stronger_.

    So far from the Watie party overawing the party which upheld Mr. Ross,
    I _know_ it to be true that they were _afraid_ to actively coöperate
    with the Confederate States, to organize, to raise Secession flags, or
    even to meet me and consult with me. They feared that Colonel Drew's
    Regiment would be used to harrass them, and they never dreamed of
    _forcing_ the authorities into a Treaty.

    After the action at Elkhorn, murders were continually complained of by
    Colonels Watie and Drew, and the Chief solicited me to place part of
    Colonel Drew's Regiment at or near Park Hill, to protect the
    government and its records. I did so. There never a time when the
    "loyal" Cherokees had not the power to destroy the Southern ones.

    As to myself, I dealt fairly and openly with all the Indians. I used
    no threats of force or compulsion, with any of them. The "loyal"
    Cherokees joined us because they believed we should succeed, and left
    us when they thought we should not. At their request I wrote their
    declaration of Independence and acceptance of the issues of war; and
    if any men voluntarily, and with their eyes open, and of their own
    motion acceded to the Secession movement, it was John Ross and the
    people whom he controlled. I am, Sir, Very res{py}, Your obt Svt

        ALBERT PIKE

    D. N. Cooley Esq, Commissioner of Ind. Aff.

[229] In writing this letter, Pike most certainly addressed himself to
Toombs officially and with the idea in mind that he was holding his
commission under the Confederate State Department. That he was serving
under that department and that he did not get his appointment until May
seem scarcely to admit of a doubt, notwithstanding the fact that Judah P.
Benjamin, Secretary of War later in the year, December [14?], 1861, in
reporting to President Davis, could make the following statement:

    At the first session of the Congress an act was passed providing for
    the sending of a commissioner to the Indian tribes north of Texas and
    west of Arkansas, with the view of making such arrangements for an
    alliance with and the protection of the Indians as were rendered
    necessary by the disruption of the Union and our natural succession to
    the rights and duties of the United States, so far as these Indians
    were concerned. The supervision of this important branch of
    administrative duty was confided to the State Department, by which
    Brig.-Gen. Albert Pike was selected as commissioner. At a later period
    of the same session a Bureau of Indian Affairs was created by law and
    attached to this Department, charged with the management of our
    relations with the Indian tribes....--_Official Records_, fourth ser.,
    vol. i, 792.

Now, if Benjamin was correct in his chronology, the appointment of Pike
must have antedated that of Hubbard, a very unlikely state of affairs
unless, indeed, the Confederate government from the start, taking
cognizance of the very advanced condition of the Indians under discussion
and of the very extreme delicacy of the situation, concluded it would be
wisest to act upon the assumption that the great tribes were independent
enough to be dealt with almost as foreign powers and so left everything to
the discretion of the State Department.

In November, 1861, the Provisional Congress considered the advisability of
transferring the whole Indian Bureau to the Department of State
[_Journal_, November 28, 1861, vol. i, 489]. The transfer was probably
suggested by the fact that the relations to date of the Confederate States
with the Indians had been conducted altogether upon a basis of diplomacy.
An added reason might have been, that the ordinary business of the War
Department was sufficiently onerous without the details of Indian
complications being made a part of it. Yet the transfer was never made.

[230] _Official Records_, first ser., vol. iii, 576-578.

[231] Hubbard's ill-health, however, seems to have made it incumbent upon
Pike to assume much the larger share of official responsibility and
practically to do Hubbard's work as well as his own; that is, so much of
it as was not transacted in Richmond.

[232] Adjutant and Inspector-General S. Cooper to McCulloch, May 13, 1861
[_Official Records_, first ser., vol. iii, 575-576].

[233] Hubbard to Walker, June 2, 1861 [_ibid._, 589-590].

[234] _Official Records_, first ser., vol. xiii, 497-498; General Files,
_Cherokee, 1859-1865_, C515.

[235] Rhodes, _op. cit._, vol. iii, 237-238; also _Report_ of the Select
Committee to Investigate the Abstraction of Bonds Held by the United
States Government in Trust for Indian Tribes, being House _Report_, 36th
congress, second session, no. 78. Dole, in his _Annual Report_ for 1861,
p. 27, urged that the government make the loss good to the Indians and
also appropriate money "to meet the unpaid interest on those trust bonds
of the revolted States yet in custody of the Secretary of the Interior."
There ought never, either from the standpoint of national faith or of that
of political expediency, to have been any hesitation in the matter.

[236] The entire letter is to be found in _Official Records_, first ser.,
vol. xiii, 498-499; also in General Files, _Cherokee, 1850-1865_, C515.

[237]

    WAR DEPARTMENT, C. S. ARMY, MONTGOMERY, May 13, 1861.

    MAJOR DOUGLAS H. COOPER, Choctaw Nation:

    Sir: The desire of this Government is to cultivate the most friendly
    relations and the closest alliance with the Choctaw Nation and all the
    Indian tribes west of Arkansas and south of Kansas. Appreciating your
    sympathies with these tribes, and their reciprocal regard for you, we
    have thought it advisable to enlist your services in the line of this
    desire. From information in possession of the Government it is deemed
    expedient to take measures to secure the protection of these tribes in
    their present country from the agrarian rapacity of the North, that,
    unless opposed, must soon drive them from their homes and supplant
    them in their possessions, as, indeed, would have been the case with
    the entire South but for our present efforts at resistance. It is well
    known that with these unjust designs against the Indian country the
    Northern movement for several years has had its emissaries scheming
    among the tribes for their ultimate destruction. Their destiny has
    thus become our own, and common with that of all the Southern States
    entering this Confederation.

    Entertaining these views and feelings, and with these objects before
    us, we have commissioned General Ben. McCulloch, with three regiments
    under his command, from the States of Arkansas, Texas, and Louisiana,
    to take charge of the military district embracing the Indian country,
    and I now empower you to raise among the Choctaws and Chickasaws a
    mounted regiment, to be commanded by yourself, in co-operation with
    General McCulloch. It is designed also to raise two other similar
    regiments among the Creeks, Cherokees, Seminoles, and other friendly
    tribes for the same purpose. This combined force of six regiments will
    be ample to secure the frontiers upon Kansas and the interests of the
    Indians, while to the south of the Red River three regiments from
    Texas, under a different command, have been already assigned to the
    Rio Grande and western border.

    It will thus appear, I trust, that the resources of this Government
    are adequate to its ends, and assured to the friendly Indians. We have
    our agents actively engaged in the manufacture of ammunition and in
    the purchase of arms, and when your regiment has been reported
    organized in ten companies, ranging from 64 to 100 men each, and
    enrolled for twelve months, if possible, it will be received into the
    Confederate service, and supplied with arms and ammunition. Such will
    be the course pursued also in relation to the two other regiments I
    have indicated.

    The arms we are purchasing for the Indians are rifles, and they will
    be forwarded to Fort Smith. Respectfully,

        L. P. WALKER, Secretary of War.

_Official Records_, first ser., vol. iii, 574-575.

[238] _Official Records_, first ser., vol. iii, 572-574.

[239] --_Ibid._, 583.

[240] See McCulloch to Walker, May 28, 1861, _ibid._, 587; also same to
same, June 12, 1861, _ibid._, 590-591.

[241] --_Ibid._, 591-592; also vol. xiii, 495.

[242] General Files, _Cherokee, 1859-1865_, C515; _Official Records_,
first ser., vol. iii, 596-597 and vol. xiii, 495-497.

[243] _Official Records_, first ser., vol. iii, 590-591.

[244]

    HEADQUARTERS MCCULLOCH'S BRIGADE,
      Fort Smith, Ark., June 22, 1861.

    HON. L. P. WALKER, Secretary of War:

    Sir: I have the honor to transmit the inclosed copy of a communication
    from John Ross, the principal chief of the Cherokee Nation.

    Under all the circumstances of the case I do not think it advisable to
    march into the Cherokee country at this time unless there is some
    urgent necessity for it. If the views expressed in my communication to
    you of the 14th instant are carried out, it will, I am satisfied,
    force the conviction on the Cherokees that they have but one course to
    pursue--that is, to join the Confederacy. The Choctaw and Chickasaw
    regiment will be kept on the south of them; Arkansas will be to the
    east; and with my force on the western border of Missouri no force
    will be able to march into the Cherokee Nation, and surrounded as they
    will be by Southern troops, they will have but one alternative at all
    events. From my position to the north of them, in any event, I will
    have a controlling power over them. I am satisfied from my interview
    with John Ross and from his communication that he is only waiting for
    some favorable opportunity to put himself with the North. His
    neutrality is only a pretext to await the issue of events.

    I have the honor to be, sir, your obedient servant,

        BEN. MCCULLOCH, Brigadier-General Commanding.

_Official Records_, first ser., vol. iii, 595-596.

[245] See Pike to Toombs, May 20, 1861 [_Official Records_, first ser.,
vol. iii, 580-581].

[246] On the twenty-ninth of May, Pike wrote to Toombs again and informed
him that he was leaving for Tahlequah that very morning [_Ibid._, fourth
ser., vol. i, 359].

[247] See McCulloch to Walker, May 28, 1861 [_Ibid._, first ser., vol.
iii, 587-588].

[248] See Pike to Cooley, February 17, 1866 [Indian Office, _Miscellaneous
Files_].

[249] --_Ibid._

[250] McCulloch to Walker, June 12, 1861 [_Official Records_, first ser.,
vol. iii, 591].

[251] _Official Records_, first ser., vol. xiii, 489-490.

[252] _Official Records_, first ser., vol. iii, 585-587.

[253] --_Ibid._, 589.

[254] --_Ibid._, 587.

[255] --_Ibid._, 593-594.

[256] See Albert Pike to John Ross, June 6, 1861 and John Ross to Albert
Pike, July 1, 1861 in General Files, _Cherokee, 1859-1865_, C515.

[257] It would appear that, failing with John Ross, Pike tried to
negotiate with the disaffected Cherokees under the control of Stand Watie,
Boudinot, and others. See _Office Letter_ to President Johnson, February
25, 1866. Pike himself says that he invited some of these men to meet him
at the Creek Agency. See Pike to Cooley, February 17, 1866.

[258] The text of the treaties is to be found in the _Confederate
Statutes_ and also in _Official Records_, fourth ser., vol. i, as follows:

  Creek Treaty, 426-443                    Osage Treaty, 636-646
  Choctaw and Chickasaw Treaty, 445-466    Seneca and Shawnee Treaty,
  Seminole Treaty, 513-527                   647-658
  Wichita Treaty, 542-548                  Quapaw Treaty, 659-666
  Comanche Treaty, 548-554                 Cherokee Treaty, 669-687

[259] Although the Creek Treaty was negotiated July tenth and was the
first to be negotiated, Dole was ignorant of its existence as late as
October second [_Report_, 1861, 39], which only goes to prove how very
slight was the Federal communication with Indian Territory through all
that critical time.

[260] President Davis, in his message of December 12, 1861, said,

    Considering this act as a declaration by Congress of our future policy
    in relation to those Indians, a copy of that act was transmitted to
    the commissioner and he was directed to consider it as his
    instructions in the contemplated negotiation. [Richardson, _Messages
    and Papers of the Confederacy_, vol. i, 149; _Official Records_,
    fourth ser., vol. i, 785.]

[261] All the treaties of the First Class contain a _Preamble_, lacking in
the others, which specifically outlines the assumption of the
protectorate. In addition, those same treaties have a special clause
accepting the full force of the Act of May twenty-first.

All references to these treaties, unless otherwise noted, will be page
references to the treaties as found in the _Statutes at Large_ of the
Provisional Government of the Confederate States of America.

[262] See Creek Treaty, Articles II and IV, pp. 289, 290; Choctaw and
Chickasaw Treaty, Articles II and VII, pp. 312, 313; Seminole Treaty,
Articles II and IV, Pp. 332, 333; Cherokee Treaty, Articles II and V, pp.
395, 396.

[263]

    ARTICLE VIII (Creek Treaty). The Confederate States of America do
    hereby solemnly agree and bind themselves that no State or Territory
    shall ever pass laws for the government of the Creek Nation; and that
    no portion of the country hereby guaranteed to it shall ever be
    embraced or included within or annexed to any Territory or Province;
    nor shall any attempt ever be made, except upon the free, voluntary
    and unsolicited application of the said nation, to erect the said
    country, by itself or with any other, into a State or any other
    territorial or political organization, or to incorporate it into any
    State previously created [p. 291].

Compare with similar articles in the other treaties; viz., Article X of
the Choctaw and Chickasaw, p. 314; Article VIII of the Seminole, p. 334;
Article VIII of the Cherokee, p. 397; Articles VIII and XXVI of the Osage,
pp. 364, 367; Articles VIII and XIX of the Seneca and Shawnee, pp. 376,
377; Article VII of the Quapaw, p. 367.

[264]

    ARTICLE XL (Creek Treaty). In order to enable the Creek and Seminole
    Nations to claim their rights and secure their interests without the
    intervention of counsel or agents, and as they were originally one and
    the same people and are now entitled to reside in the country of each
    other, they shall be jointly entitled to a delegate to the House of
    Representatives of the Confederate States of America, who shall serve
    for the term of two years, and be a member of one of the said nations,
    over twenty-one years of age, and labouring under no legal disability
    by the law of either nation; and each delegate shall be entitled to
    the same rights and privileges as may be enjoyed by delegates from any
    territories of the Confederate States to the said House of
    Representatives. Each shall receive such pay and mileage as shall be
    fixed by the Congress of the Confederate States. The first election
    for delegate shall be held at such time and places, and be conducted
    in such manner as shall be prescribed by the agent of the Confederate
    States, to whom returns of such election shall be made, and he shall
    declare the person having the greatest number of votes to be duly
    elected, and give him a certificate of election accordingly, which
    shall entitle him to his seat. For all subsequent elections, the
    times, places, and manner of holding them and ascertaining and
    certifying the result shall be prescribed by law of the Confederate
    States [p. 297].

Compare with Article XXVII of Choctaw and Chickasaw Treaty [p. 318], the
chief point of difference between the two being that, in the latter treaty
the delegate to which the two tribes, parties to the treaty, were entitled
jointly, was to be elected from them alternately. The Choctaw and
Chickasaw Treaty also stipulated that the delegate was to be a member by
birth or blood on either the father's or the mother's side. The
corresponding provision in the Cherokee Treaty, Article XLIV [pp.
403-404], said that the delegate should be a native born citizen. The
Seminole arrangement, Article XXXVII [p. 339], was, as might be expected,
exactly the same as the Creek.

[265] The Choctaw and Chickasaw Treaty was the only one that developed
this idea. We might presume that the Creeks were even opposed to it. This
is how it appears in Articles XXVIII, XXIX, and XXX, of the Choctaw and
Chickasaw Treaty [pp. 318-319]:

    ARTICLE XXVIII. In consideration of the uniform loyalty and good
    faith, and the tried friendship for the people of the Confederate
    States, of the Choctaw and Chickasaw people, and of their fitness and
    capacity for self-government, proven by the establishment and
    successful maintenance, by each, of a regularly organized republican
    government, with all the forms and safe-guards to which the people of
    the Confederate States are accustomed, it is hereby agreed by the
    Confederate States, that whenever and so soon as the people of each
    nation shall, by ordinance of a convention of delegates, duly elected
    by majorities of the legal voters, at an election regularly held after
    due and ample notice, in pursuance of an act of the Legislature of
    each, respectively, declare its desire to become a State of the
    Confederacy, the whole Choctaw and Chickasaw country, as above
    defined, shall be received and admitted into the Confederacy as one of
    the Confederate States, on equal terms, in all respects, with the
    original States, without regard to population; and all the members of
    the Choctaw and Chickasaw Nations shall thereby become citizens of the
    Confederate States, not including, however, among such members, the
    individuals of the bands settled in the leased district aforesaid.

    _Provided_, That, as a condition precedent to such admission, the said
    nations shall provide for the survey of their lands, the holding in
    severalty of parts thereof by their people, the dedication of at least
    one section in every thirty-six to purposes of education, and the sale
    of such portions as are not reserved for these, or other special
    purposes, to citizens of the Confederate States alone, on such terms
    as the said nation shall see fit to fix, not intended or calculated to
    prevent the sale thereof.

    ARTICLE XXIX. The proceeds of such sales shall belong entirely to
    members of the Choctaw and Chickasaw Nations, and be distributed among
    them or invested for them in proportion to the whole population of
    each, in such manner as the Legislatures of said nations shall
    provide; nor shall any other persons ever have any interest in the
    annuities or funds of either the Choctaw or Chickasaw people, nor any
    power to legislate in regard thereto.

    ARTICLE XXX. Whenever the desire of the Creek and Seminole people and
    the Cherokees to become a part of the said State shall be expressed,
    in the same manner and with the same formalities, as is above provided
    for in the case of the Choctaw and Chickasaw people, the country of
    the Creeks and Seminoles, and that of the Cherokees, respectively, or
    either by itself, may be annexed to and become an integral part of
    said State, upon the same conditions and terms, and with the same
    rights to the people of each, in regard to citizenship and the
    proceeds of their lands.

[266] Abel, "Proposals for an Indian State in the Union, 1778-1878," in
the American Historical Association, _Report_, 1907, pp. 89-102.

[267] _Official Records_, first ser., vol. iii, 577.

[268] Articles V and VI.

[269] Article VIII.

[270] Article XI.

[271] Article XII.

[272] Article VII of the Seminole Treaty [p. 334], and Article VII
likewise of the Creek Treaty [p. 291].

[273] Article IV of the Cherokee Treaty [pp. 395-396].

[274] In the matter of the guarantee of territorial integrity, the
treaties of the Second Class were strictly on a par with those of the
First Class. See Article VIII of the Osage Treaty [p. 364], Article XIX of
the Seneca and Shawnee Treaty [p. 378], Article VII of the Quapaw [p.
387].

[275] Article XLVII [pp. 407-408].

[276] Article V [p. 348].

[277] Article III [pp. 374-375].

[278] Article V [p. 291].

[279] Article I [p. 354].

[280] For an illustration of how the Seminoles had been preferring the
claim, see the following affidavit:

    Be it known that on this 22d day of January, A.D. 1856, personally
    appeared before me, J. W. Washbourne, United States' Agent for
    Seminoles, in open Council, the following named Chiefs and Head men of
    the Seminole tribe of Indians, and deposed to the subsequent
    statement.

    That sometime during the war between the United States and the
    Seminoles, Gen. Thomas S. Jessup, then commanding the U. S. troops in
    Florida, issued a proclamation to the effect that all negroes
    belonging to the hostile Seminoles who should come in and take service
    under the Government against their masters, or in any way render
    service to the United States against the Seminoles, or induce them to
    sue for peace and emigrate west, they, the negroes, should be declared
    free: That many negroes took advantage of said illegal proclamation
    and did take service in Florida under Government, but that, by far the
    larger number of negro slaves who took refuge under said proclamation
    and thereby claimed their freedom, did so after the immigration west
    was determined or consummated: That said negro slaves, in great
    numbers and to the great injury of their owners, and against their
    orders, took refuge within the United States' post, Fort Gibson,
    Cherokee Nation, where they were for upwards of three years protected
    by the United States officers at that Post, although the Seminoles
    claimed them, the negroes, as their lawful slaves, and protested
    against this procedure of the U. S. officers: That while these negro
    slaves were thus protected by military officers, it was impossible to
    keep their slaves at home who were continually flying to Fort Gibson,
    where they were beyond the reach of their masters: That this occurred
    during the years 1845-'6-'7: That through the instrumentality of their
    former Sub Agent and attornies employed by them, they after long delay
    and at great expense and loss of slaves, presented the matter to the
    attention of the Secretary of War, Hon. Wm. L. Marcy, and that finally
    from him, as such Secretary of War, there issued an order bearing date
    the 5th of August 1848, directed to the commanding officer at Fort
    Gibson, enjoining him to protect no longer said negro slaves at that
    Post and commanding him to deliver all of said slaves to the Seminoles
    their rightful owners: That even after this order the nuisance did not
    abate, for another order dated July 31st 1850 required the commanding
    officer of Fort Gibson to give no further protection to these
    "Seminole negroes": That by this order of the Secretary of War, as was
    just and right, the United States recognised the ownership of these
    said slaves as being in the Seminoles, and that they were entitled by
    law and right to said slaves and their service: That in consequence of
    the withdrawal of the protection afforded them at Fort Gibson and from
    their having so long considered themselves free, said slaves in great
    numbers escaped, some of whom reached Mexico, some were killed by the
    wild Indians, and the remainder were only captured at great and
    ruinous expense: That the owners of these said negro slaves are justly
    and equitably entitled to the service of said slaves, while unlawfully
    and against the power and protests of the Seminoles, detained at Fort
    Gibson for the space of more than three years, by U. S. officers: That
    the number of said negro slaves so unlawfully detained and kept from
    the service due their masters, as near as now can be estimated was Two
    Hundred and Thirty-four or thereabouts: That the services of these
    said slaves for these three years and upwards were amply worth at the
    time Seventy five dollars each per annum, making the sum of Fifty two
    Thousand Six hundred and fifty dollars ($52.650.00,) to which the
    Seminole owners of said slaves are fully and fairly, in law and
    equity, entitled, and which ought to be paid to them by the Government
    of the United States.

        JOHN JUMPER, P. Chief Seminoles X his mark
        PAH SUC AH YO HO LAH, Speaker Council X his mark
        CHITTO-TUSTO-MUGGEE X his mark
        ARHAH-LOCK-TUSTO-MUGGEE X his mark
        NOKE-SU-KEE X his mark
        PARS-CO-FER X his mark
        TESI-KI-AH X his mark
        ALLIGATOR X his mark
        TALLA-HASSA X his mark
        GEORGE CLOUD X his mark
        HO-TUL-GEE-HARJO X his mark
        TAR-HAH FIXICO X his mark

    Sworn to and subscribed before me, in open Council Jany 22d 1856.

        J. W. WASHBOURNE U. S. Agent for Seminoles.

    Witnesses: GEORGE M. AUD

[281] President Polk seems to have been of the opinion that negro slaves
could not be freed by military proclamation [_Diary_ (Quaife's edition),
vol. iii, 504].

[282] Slavery was not completely ignored even in the treaties of the Third
Class. In Article IX of their treaty [p. 348], the Wichitas promised to do
all in their power to take and return any negroes, horses, or other
property stolen from white men or from Indians of the great tribes. The
corresponding article in the Comanche Treaty [p. 355], was to like
purpose.

[283] Article XXXVII of the Osage Treaty, Article XXVIII of the Seneca and
Shawnee Treaty, and Article XXVII of the Quapaw Treaty.

[284] The following are the Creek clauses and the Choctaw and Chickasaw,
Articles XLV and XLVII, the Seminole, Articles XXIX and XXXIII, and the
Cherokee, Articles XXXIV and XXXVII, are similar:

    ARTICLE XXIX. The provisions of all such acts of Congress of the
    Confederate States as may now be in force, or may hereafter be
    enacted, for the purpose of carrying into effect the provision of the
    constitution in regard to the re-delivery or return of fugitive
    slaves, or fugitives from labour and service, shall extend to, and be
    in full force within the said Creek Nation; and shall also apply to
    all cases of escape of fugitive slaves from the said Creek Nation into
    any other Indian nation or into one of the Confederate States, the
    obligation upon each such nation or State to re-deliver such slaves
    being in every case as complete as if they had escaped from another
    State, and the mode of procedure the same [p. 296].

    ARTICLE XXXII. It is hereby declared and agreed that the institution
    of slavery in the said nation is legal and has existed from time
    immemorial; that slaves are taken and deemed to be personal property;
    that the title to slaves and other property having its origin in the
    said nation, shall be determined by the laws and customs thereof; and
    that the slaves and other personal property of every person domiciled
    in said nation shall pass and be distributed at his or her death, in
    accordance with the laws, usages and customs of the said nation, which
    may be proved like foreign laws, usages & customs, and shall
    everywhere be held valid and binding within the scope of their
    operation [p. 296].

[285] P. 369.

[286] Article XVII of the Cherokee Treaty [p. 399].

[287]

    ARTICLE XV (Creek Treaty). The Confederate States shall protect the
    Creeks from domestic strife, from hostile invasion, and from
    aggression by other Indians and white persons not subject to the
    jurisdiction and laws of the Creek Nation, and for all injuries
    resulting from such invasion or aggression, full indemnity is hereby
    guaranteed to the party or parties injured, out of the Treasury of the
    Confederate States, upon the same principle and according to the same
    rules upon which white persons are entitled to indemnity for injuries
    or aggressions upon them committed by Indians [p. 293].

See also Article XXI of the Choctaw and Chickasaw Treaty and Article XV of
the Seminole Treaty.

[288] Manypenny to Dean, November 30, 1855 [Indian Office, _Letter Book_,
no. 53, pp. 94-95]. Dean to Manypenny, December 25, 1855 [_Letter Press
Book_].

[289] Compare Article XX of the Cherokee Treaty and Article XXIV of the
Choctaw and Chickasaw Treaty with Article XVI of the Creek Treaty and all
of these with Article XVI of the Seminole Treaty.

[290] See, for example, Article XVIII of the Seminole Treaty [p. 336].

[291] One other important right was conceded and that was the right of
free transit. The concession is well stated in the Creek Treaty and occurs
in connection with a prohibition against the pasturing of stock by
outsiders within the Creek country.

    ARTICLE XXII. No citizen or inhabitant of the Confederate States shall
    pasture stock on the lands of the Creek Nation, under the penalty of
    one dollar per head for all so pastured, to be collected by the
    authorities of the nation; but their citizens shall be at liberty at
    all times, and whether for business or pleasure, peaceably to travel
    the Creek country; and to drive their stock to market or otherwise
    through the same, and to halt such reasonable time on the way as may
    be necessary to recruit their stock, such delay being in good faith
    for that purpose.

    ARTICLE XXIII. It is also further agreed that the members of the Creek
    Nation shall have the same right of travelling, driving stock and
    halting to recruit the same in any of the Confederate States as is
    given citizens of the Confederate States by the preceding article [p.
    295].

[292] Article LXV of the Creek Treaty, Article XXVI of the Choctaw and
Chickasaw Treaty, Article XXXI of the Seminole Treaty, and Article XXII of
the Cherokee Treaty.

[293] Article XVIII of the Creek Treaty, Article XXV of the Choctaw and
Chickasaw Treaty, Article XIX of the Seminole Treaty, and Article XXI of
the Cherokee Treaty.

[294] Article LXV of the Creek Treaty and Article XXXI of the Seminole
Treaty.

[295] Tush-ca-hom-ma at Boggy Depot and Cha-lah-ki at Tahlequah.

[296] Article XXX of the Creek Treaty, Article XLIII of the Choctaw and
Chickasaw Treaty, Article XXX of the Seminole Treaty, and Article XXXV of
the Cherokee Treaty.

[297] Article XXVIII of the Creek Treaty, Article XLIV of the Choctaw and
Chickasaw Treaty, Article XXVIII of the Seminole Treaty, Article XXXIII of
the Cherokee Treaty, Article XXXVI of the Osage Treaty, Article XXVII of
the Seneca and Shawnee Treaty, and Article XXVII of the Quapaw Treaty.

[298] Article XXIX of the Cherokee Treaty and Article XXIII of the Choctaw
and Chickasaw Treaty.

[299]

    ARTICLE XXXI (Cherokee Treaty). Any person duly charged with a
    criminal offence against the laws of either the Creek, Seminole,
    Choctaw or Chickasaw Nations, and escaping into the jurisdiction of
    the Cherokee Nation, shall be promptly surrendered upon the demand of
    the proper authority of the nation within whose jurisdiction the
    offence shall be alleged to have been committed; and in like manner,
    any person duly charged with a criminal offence against the laws of
    the Cherokee Nation, and escaping into the jurisdiction of either of
    the said nations, shall be promptly surrendered upon the demand of the
    proper authority of the Cherokee Nation [pp. 401-402].

Note the development from the corresponding extradition clause in the
earlier treaties of the series. In the Creek and Seminole treaties,
extradition was as between Creeks and Seminoles exclusively. In the
Choctaw and Chickasaw Treaty, it was as between Choctaws and Chickasaws
exclusively. In this treaty of the Cherokees, all the tribes were to be
sharers in the extradition privilege; but it is difficult to understand
how a clause in the Cherokee Treaty could be made legally binding upon
other Indians than Cherokee.

[300] Article XXVI.

[301] It was also a one-sided affair in the treaties of the Second Class.
See Article XXXIV of the Osage Treaty, Article XXV of the Seneca and
Shawnee Treaty, and Article XXV of the Quapaw Treaty.

[302] Article XXXVII of the Choctaw and Chickasaw Treaty [p. 320], and
Article XXXII of the Cherokee Treaty [p. 402].

[303] Article XXXI of the Creek Treaty, Article XLVI of the Choctaw and
Chickasaw Treaty, Article XXXII of the Seminole Treaty, and Article XXXVI
of the Cherokee Treaty. Note that the enjoyment of the privilege by the
Seminole Nation was to be conditioned upon its own establishment of
regular courts.

[304] There were also secret articles to some of the treaties. The
indications are that such secret articles entailed the customary bribery
of chiefs and influential men upon whose support depended successful
negotiation.

[305] Article VII of the Osage Treaty [p. 364].

[306] Article XIII of the Choctaw and Chickasaw Treaty [p. 315].

[307] Article IX of the Cherokee Treaty [p. 397].

[308] Article LXVI of the Creek Treaty, Article XLIV of the Seminole,
Article LIII of the Cherokee.

[309] Article LXIV [p. 330].

[310] Article XL of the Wichita Treaty and Article X of the Comanche.

[311] Article XI of the Creek Treaty, Article XVI of the Choctaw and
Chickasaw Treaty, Article XI of the Seminole Treaty, Article XIII of the
Cherokee Treaty, Article IV of the Osage Treaty, Article V of the Seneca
and Shawnee Treaty, and Article IV of the Quapaw Treaty.

[312] Article XII of the Creek Treaty, Article XVII of the Choctaw and
Chickasaw Treaty, Article XII of the Seminole Treaty, Article XIV of the
Cherokee Treaty, Article V of the Osage Treaty, Article VI of the Seneca
and Shawnee Treaty, and Article V of the Quapaw Treaty. After the war the
posts in certain specified cases were to be garrisoned by native troops.

[313] The reference is the same as the foregoing with two exceptions;
viz., Article XXVIII of the Osage Treaty and Article XX the Quapaw Treaty.

[314] Article XIII of the Creek Treaty, Article XVIII of the Choctaw and
Chickasaw Treaty, and Article XIII of the Seminole Treaty.

[315] The provision in the Osage Treaty was one exception to this. It was
definitely said there that there should be no compensation.

[316] The details of this will come out in the chapter following.

[317]

    ARTICLE XXXVIII (Choctaw and Chickasaw Treaty). In order to secure the
    due enforcement of so much of the laws of the Confederate States in
    regard to criminal offences and misdemeanors as is or may be in force
    in the said Choctaw and Chickasaw country, and to prevent the Choctaws
    and Chickasaws from being further harassed by judicial proceedings had
    in foreign courts and before juries not of the vicinage, the said
    country is hereby erected into and constituted a judicial district of
    the Confederate States to be called the Tush-ca-hom-ma District, for
    the special purposes and jurisdiction hereinafter provided; and there
    shall be created and semi-annually held, within such district, at
    Boggy Depot, a district court of the Confederate States, with the
    powers of a circuit court, so far as the same shall be necessary to
    carry out the provisions of this treaty, and with jurisdiction
    co-extensive with the limits of such district, in such matters, civil
    and criminal, to such extent and between such parties as may be
    prescribed by law, and in conformity to the terms of this treaty [p.
    320].

Articles XXXIX, XL, XLI, and XLII more specifically define the
jurisdiction.

[318] See Article XXIII of the Cherokee Treaty, and, for the jurisdiction
of the court, see Articles XXIV, XXV, and XXVI.

[319] Article XXXV.

[320] Article XXVI.

[321] Article XXVI.

[322] In other ways than this, the treaties with the minor tribes stressed
the "peculiar institution." Consider, for instance, in the matter of
extradition, how it was not the criminal generally, but only the fugitive
slave that was to be reciprocally extradited. Moreover, as a rule, the
weak tribes all pledged themselves to try to return negroes and other
property and were assured that negroes should come under the jurisdiction
of tribal laws.

[323] Article II [p. 395].

[324] Article LII [p. 410].

[325] Article XXXIX [p. 403].

[326] Without doubt some preliminary sounding of Leeper must have preceded
the accompanying document. Pike would hardly have written with such
assurance or given such instructions unless he had been very sure of his
ground.

    FORT SMITH, ARKANSAS, 26th May 1861.

    SIR: I have been appointed by the President of the Confederate States
    of America Commissioner to the Indian Tribes West of Arkansas, with
    discretionary powers, for the purpose of making treaties of alliance
    with them, and of enlisting troops to act with the forces of the
    Confederate States.

    In the exercise of the powers entrusted to me, I hereby authorize and
    request you to exercise the powers of Agent for the Wichitas and other
    Indians in the Country leased from the Choctaws and Chickasaws, until
    you shall receive a regular commission therefor. Your compensation
    will be the same as that received from the United States, to commence
    from the day when you resigned as agent of the United States.

    And you are hereby instructed forthwith to repair to your agency, and
    to inform the Indians under your charge that the Confederate States of
    America will take you themselves and fully comply with all the
    obligations entered into by the United States in their behalf;
    securing and paying all that may be due them from injury; and
    especially that they will continue to supply them with rations, as it
    has heretofore been done, until they shall no longer need to be
    supplied.

    You will also please inform them that I shall in a short time be among
    them, to enter into a treaty with them, on the part of the Confederate
    States.

    You will impress upon them that the people of Texas are now a part of
    the Confederate States, and must no longer be looked upon as enemies:
    and if any troops from Texas should come within your jurisdiction, you
    will particularly warn them against doing any harm to the Indians
    under your charge.

    You will make known to the Delawares, and if practicable to the
    Kickapoos, that it is my desire, and I have authority, to enlist a
    battalion of 350 men, of the Delawares, Kickapoos, and Shawnees, and
    will especially assure the Kickapoos, that if they have any cause of
    complaint against any of the people of Texas, it will be inquired
    into, and reparation made, and that they must in no case commit any
    act of hostility against Texas.

    I shall be greatly obliged to you for all assistance you can render in
    securing the services in arms of the Kickapoos and Delawares. They
    will be paid like other mounted men, receiving 40 cents a day for use
    and risk of their horse, in addition to their pay, rations, and
    clothing.

    I need not say that I place much reliance on your zeal and
    intelligence and assure you that your services will not fail to be
    appreciated by the Government of the Confederate States. Most
    respectfully yours

        ALBERT PIKE, Comm{r}, C. S. A. to the
          Indian Tribes, West of Arkansas.

    Matthew Leeper Esq.

_Leeper Papers._

[327] It is not clear as to just when Elias Rector left the United States
service or when he entered the Confederate. The Indian Office in
Washington was communicating with him officially for some little time
after Griffith had been notified of his appointment. There seems no reason
to doubt that Rector was working in the interests of the Southern
Confederacy all through the spring of 1861; and, when he went over openly
to the South, he did not close his accounts with the United States Indian
Office. He was accordingly regarded as a defaulter and there was talk of
confiscating his property at Fort Smith [W. G. Coffin to Dole, January 29,
1864, General Files, _Southern Superintendency, 1863-1864_, I640; Dole to
Usher, February 2, 1864, Indian Office, _Report Book_, no. 13, p. 297].

In the course of his official connection with the United States government
Elias Rector had frequently been accused of irregularities and even of
crookedness [General Files, _Southern Superintendency, 1859-1862_, C1222].
As touching the Seminole removal from Florida, he had much that was
peculiar to explain away. Apparently he quite frequently made queer
contracts, was given to making over-charges for mileage and to favoring
his friends at the expense of the Indians and of the government. In 1861,
he rendered a voucher showing he had paid a certain Henry Pape $6000.00
for building the Wichita Agency house. On various matters connected with
his official record, see Rector's _Letter Press Book_ and Indian Office,
_Letter Books_, no. 64, p. 342; no. 65, P. 49; no. 66, p. 26. In 1865,
Rector made application to be allowed to straighten out his accounts [J.
B. Luce to Cooley, November 2, 1865].

Returning, however, to the subject of Rector's incumbency: on the twelfth
of June, 1861, he wrote quite frankly to John Schoenmaker, principal of
the Osage Mission,

    ... I have no connection at this time with the Indian Department under
    the old U. S. Government. I am now acting as Superintendent under the
    Government of the Confederate States, and as no treaties have as yet
    been concluded between the Southern confederacy and the tribes of
    Indians with whom you are engaged I of course can say nothing to you
    on the subject matter of your letter....--General Files, _Southern
    Superintendency, 1859-1862_.

The Confederate southern superintendency had not at the time been filled,
but Rector seems to have been considered the most competent candidate.
Johnson, in recommending various men to Walker for various positions,
recommended Rector in strong terms of implied commendation,

    Dr. Griffith wants to be appointed superintendent in place of E.
    Rector. Do not allow this to be done. Hold everything as it is until
    peace and unity are attained, and then make all the changes you think
    proper; but not now--not now, by all manner of means.

    I do earnestly beg you to keep your agencies as they were. They are
    good and true men, and popular and qualified with the tribes and their
    business. Restore and commission Elias Rector, superintendent; John
    Crawford, Cherokee agent; William Quesenbury, Creek agent; Samuel M.
    Rutherford, Seminole agent; and Matthew Leeper, Wichita agent; and if
    Cooper has resigned (which I fear is the case), appoint Richard P.
    Pulliam (who is the next best living man on earth for the place, I
    believe) as agent of the Choctaws. With this programme you will have
    peace and success; without it, no one can tell your troubles or our
    misfortunes on this frontier....--_Official Records_, first ser., vol.
    iii, 598.

[328] Dole to Robinson, April 9, 1861 [Indian Office, _Letter Book_, no.
65, 323].

[329] Dole to Rector, April 6, 1861 [--_ibid._, p. 317].

[330] General Files, _Southern Superintendency, 1859-1862_, G463.

[331] General Files, _Southern Superintendency, 1859-1862_, G463.

[332] Smith to Dole, May 4, 1861; Dole to Rector, May 9, 1861 [Indian
Office, _Letter Book_, no. 65, p. 440].

[333] Johnson to Walker, June 25, 1861 [_Official Records_, first ser.,
vol. iii, 598].

[334] Caleb B. Smith to Dole, April 6, 1861 [General Files, _Southern
Superintendency, 1859-1862_].

[335] Dole to Quesenbury [Indian Office, _Letter Book_, no. 65, p. 330].
In the middle of the summer, George A. Cutler became United States agent
for the Creeks [_ibid._, no. 66, p. 200].

[336] Dole to Crawford [_ibid._, no. 65, p. 331].

[337] Rector to Greenwood, August 31, 1860 [_Letter Press Book_].

[338] November 27, 1860, he voted in the affirmative on a resolution
against Lincoln's election and against the advisability of Arkansas
members of Congress taking their seats during his administration [Arkansas
House _Journal_, thirteenth session, 1860-1861, p. 234].

[339] On the thirteenth of June, when Crawford wrote, resigning his
commission, he said in extenuation of his conduct,

    I only accepted through the influence of friends knowing then the
    Cherokee Indians was Southern in their feelings and did not wish a
    Northern man sent among them to act as Agent & as the Government of
    the Southern Confederacy has in their wisdom thought best to take
    charge of all the Indian Tribes south of Kansas and the Indians all
    being anxious to join in with the South and oppose to the bitter end
    the course now pursued by the Northern Government--I most respectfully
    decline acting as agent for the Cherokee Indians under the
    Administration of A. Lincoln.--CRAWFORD to Dole, June 13, 1861
    [General Files, _Cherokee, 1859-1865_, C1376].

[340] Crawford to Dole, May 20, 1861 [_ibid._].

[341]

    The excitement here is at an alarming pitch for the last few days I
    trust to God that those in power will do something to settle this
    interruption in the government and something must be done soon or War
    will ensue troops were drilling here last night at ten oclock, State
    troops, strong talk of attacking Fort Smith the President of the
    Convention has called the Convention to meet on the 6th day of May and
    the State will seceed if there is not something done immediately
    perhaps war will be commenced before you receive my letter though I
    trust not. I should very much to know that the North and South were
    engaged in a war, if you can do anything to have those troubles
    settled use your influence with the President in calling a national
    convention or something else to have peace....--CRAWFORD to Dole,
    dated Van Buren, April 21, 1861 [General Files, _Cherokee, 1859-1865_,
    C1044].

[342] Smith to Dole, April 20, 1861 [General Files, _Wichita, 1860-1861_,
I320].

[343] Some slight account of the Wichita Agency and of Agent Leeper's
defection has already been narrated. A number of documents elucidating the
subject are to be found in the "Appendix."

[344] Dole to Elder, April 29, 1861 [Indian Office, _Letter Book_, no. 65,
pp. 390-391]; Mix to Elder, August 22, 1861 [_ibid._, no. 66, pp.
283-284].

[345] See, for instance, Stockton to Usher, February 20, 1864 [General
Files, _Southern Superintendency, 1863-1864_].

[346] See Isaac Coleman, United States Indian agent, to Superintendent
Elijah Sells, a copy of which letter is retained in the Office of Indian
Affairs, the original having been sent to the office of the United States
attorney-general, October 10, 1865.

[347] Commissioner of Indian Affairs, _Report_, 1865, pp. 310, 345.

[348] The reference is, presumably, to a portion of the money that the
United States government had allowed the Choctaws in satisfaction of
claims arising under the treaties of 1830 and 1855 [Act of March 2, 1861,
U. S. _Statutes at Large_, vol. xii, 238]. The episode of the Corn
Contract was directly connected with the expenditure of the money. For
documents bearing upon it, see Land Files, _Choctaw, 1874-1876_, Box 39,
C1078, particularly documents labelled "N," "O," and "P." Document "N" is
a communication from Albert Pike to the General Council of the Choctaw
Nation, received at the June session, 1861, and is most interesting as
showing how Pike mixed up private and public business and, indeed, gave to
private the preference.

    FRIENDS AND BROTHERS: You are aware that since the year 1854 M{r} John
    T. Cochrane and myself, aided by Col. Cooper your agent and by your
    delegates, have been engaged at Washington in prosecuting the just
    claims of your people under the treaty of 1830 before the Government
    of the United States.

    We have succeeded in procuring a final award of the Senate, giving you
    the net proceeds of all the lands which you ceded by that treaty, and
    a Report from the Committee of Indian Affairs, estimating the sum due
    you at over two millions three hundred thousand dollars.

    At the last session of Congress, we succeeded in procuring an
    appropriation on account of this debt of $250,000 in money and
    $250,000 in bonds of the United States.

    Owing to the unfortunate difficulties between the Northern and
    Southern States, one hundred and thirty-eight thousand dollars, only,
    of the sums, has been paid, $135,000 of which was placed in your
    Agent's hands, ostensibly to purchase corn; and most of it remains
    unexpended.

    Towards my expenses while prosecuting your claims and towards my fee,
    I have received the sum of sixteen hundred dollars. My expenses alone,
    in four years have been five thousand dollars.

    I have had to abandon my other business, to attend to yours: and
    unless some part of my compensation is paid, or my expenses repaid me,
    my property will have to be sold to pay my debts. I am entirely
    without money, and have you only to look to.

    I have labored for you very faithfully; and am sure your Delegates
    will tell you that, but for me your claims would never have been
    allowed; and but for me, after they were allowed, the appropriation
    would not have been obtained.

    The whole of the claims will be paid whenever peace is restored,
    either by the United States, or by the Confederate Southern States. I
    shall take it in charge and never desert you until all is paid.

    I respectfully and earnestly request you to cause to be paid to me,
    out of the moneys now in the Agent's hands, for my expenses, and on
    account of my fee, such sum of money as you may think just and right;
    and which I hope will not be less than seven thousand five hundred
    dollars.

    I also desire to inform you that I have been appointed by the
    President of the Confederate States, a Commissioner to your Nation,
    and all the other Nations and Tribes west of Arkansas; that I shall at
    the proper time come among you to counsel with you, and that I shall
    take your interests in charge, and see that your title to your lands,
    and all annuities, and other moneys due you by the United States are
    assumed and guaranteed by the Confederate States. On this you may
    implicitly rely; as it is the promise of one who never breaks his
    word.

    Let your people therefore, and the Chickasaws remain perfectly quiet
    until the proper time arrives, and look to me for advice. If any
    emissaries from Arkansas come among you, hear them and say nothing. So
    it is that wise men do. The State of Arkansas has nothing whatever to
    do with you, and cannot protect you. The Confederate States are both
    able and willing to do so; and when they have guaranteed your rights,
    it will be time enough for you to act. Your friend

        (signed) ALBERT PIKE.

    Office of the National Secretary of the Choctaw Nation.

    [Endorsement] I hereby certify that the foregoing is a true copy from
    the original letter from Albert Pike on file in the National
    Secretary's Office.

    Given under my hand and official seal. Done at Chahta Tamaha, November
    1{st} A.D. 1873.

        (signed) JNO. P. TURNBULL, National Secretary Choctaw Nation.

[349] Pike's programme of operations is outlined in his letter to Toombs
of May 29, 1861:

    SIR: I leave this morning for Tahlequah, the seat of government of the
    Cherokee Nation, and Park Hill, the residence of Governor Ross, the
    principal chief. Since 1835 there have always been two parties in the
    Cherokee Nation, bitterly hostile to each other. The treaty of that
    year was made by unauthorized persons, against the will of the large
    majority of the nation and against that of the chief, Mr. Ross.
    Several years ago Ridge, Boudinot, and others, principal men of the
    treaty party, were killed, with, it was alleged, the sanction of Mr.
    Ross, and the feud is today as bitter as it was twenty years ago. The
    full-blooded Indians are mostly adherents of Ross, and many of
    them--1,000 to 1,500 it is alleged--are on the side of the North. I
    think that number is exaggerated. The half-breeds or white Indians (as
    they call themselves) are to a man with us. It has all along been
    supposed, or at least suspected, that Mr. Ross would side with the
    North. His declarations are in favor of neutrality. But I am inclined
    to believe that he is acting upon the policy (surely a wise one) of
    not permitting his people to commit themselves until he has formal
    guarantees from an authorized agent of the Confederate States. These I
    shall give him if he will accept them. General McCulloch will be with
    me, and I strongly hope that we shall satisfy him, and effect a formal
    and firm treaty. If so, we shall have nearly the whole nation with us,
    and those who are not will be unimportant. If he refuses he will learn
    that his country will be occupied; and I shall then negotiate with the
    leaders of the half-breeds who are now raising troops, and who will
    meet me at the Creek Agency on Friday of next week. Several of those
    living near here I have already seen.

    On Wednesday of next week I will meet the chiefs of the Creeks at the
    North Fork of the Canadian. I will then fix a day for a council of the
    Creeks, and go on to meet the Choctaws at Fort Washita. When I shall
    have concluded an arrangement with them I will go to the Chickasaw
    Country, and thence to the Seminoles.

    I hope to meet the heads of the Wichitas, Caddos, Iowas, Toncawes,
    Delawares, Kickapoos, and Reserve Comanches at Fort Washita. I have
    requested their agent to induce them to meet me there. The Creek
    chiefs have a council with the wild Indians, Comanches and others,
    high up on the North Fork of the Canadian, on the 10th proximo. I
    shall endeavor, through the Creek chiefs, to have an interview with
    the heads of the wild tribes at Fort Washita and induce them to come
    in and settle on the reserve upon the False Washita River near Fort
    Cobb.

    As I shall be absent from this post some six weeks or more, it is not
    likely that I shall be able to give you frequent advice of my
    movements. There are no mails in the Indian country and I shall have
    to employ expresses when I desire to send on letters.

    We shall have no difficulty with the Creeks, Seminoles, Choctaws, and
    Chickasaws, either in effecting treaties or raising troops. The
    greatest trouble will be in regard to arms. Not one in ten of either
    of the tribes has a gun at all, and most of the guns are indifferent
    double-barreled. I do not know whether the Bureau of Indian Affairs is
    a part of the Department of State, and of course whether this is
    properly addressed to you. I do not address the Commissioner because I
    understand he is on his way hither. The suggestions I wish to make are
    important and I venture to hope that you will give them their proper
    direction. I have already spoken of arms for the Indians. Those arms,
    if possible, should be the plain muzzle-loading rifle, large bore,
    with molds for conical bullets hollowed at the truncated end, which I
    suppose to be the minie-ball. Revolvers, I am aware, cannot be had,
    and an Indian would not pick up a musket if it lay in the road.

    Our river is falling and will soon be low, when steam-boats will not
    be able to get above Little Rock, if even there. To embody the Indians
    and, collecting them together, keep them long without arms would
    disgust them, and they would scatter over the country like partridges
    and never be got together again. The arms should, therefore, be sent
    here with all speed.

    No funds have been remitted to me, nor have I any power to procure or
    draw for any, for my expenses or for those of the councils I must
    hold. It has always been customary for the Indians to be fed at such
    councils, and they will expect it. I have borrowed $300 of Mr. Charles
    B. Johnson, giving him a draft on the Commissioner of Indian Affairs,
    for incidental expenses, and if I have a council at Fort Washita shall
    contract with him to feed the Indians. I have seen Elias Rector, late
    superintendent of Indian affairs at Fort Smith, and William
    Quesenbury, appointed agent for the Creeks by the Government at
    Washington, but who did not accept, and Samuel M. Rutherford, agent
    for the Seminoles, who forwards his resignation immediately; and have
    written to Matthew Leeper, agent for the Wichitas and other Reserve
    Indians; and have formally requested each to continue to exercise the
    powers of his office under the Confederate States. They are all
    citizens of Arkansas and Texas and have readily consented to do so.

    If we have declared a protectorate over these tribes and extended our
    laws over them we have, I suppose, continued in force there the whole
    system. Even if we have not we cannot dispense with the superintendent
    and agents. I shall also see Mr. Crawford, agent for the Cherokees,
    and request him to continue to act, as I have requested Colonel Cooper
    to do as agent for the Choctaws and Chickasaws. Unless all this were
    done there would be both discontent and confusion, and I therefore
    earnestly request that my action may be immediately confirmed and
    these officers assured that they shall be continued, and that their
    compensation shall be the same as under the United States and date
    from the day of the resignation of each or of his acceptance of office
    under the Confederate States. And I also strenuously urge that no
    changes be made in these offices. The incumbents are all good men and
    true, competent, and honest, and are, or will be, very acceptable to
    the Indians. To make changes will be to make mischief.

    Mr. Charles B. Johnson is feeding the Wichitas and other Reserve
    Indians under a contract which ends on the 30th of June. I have
    instructed him to continue feeding them during the present season
    under the same contract, _i.e._, on the same terms, which I know to be
    reasonable.

    It is very important that some funds should be at my disposition. The
    State of Arkansas has furnished me an escort of a company and General
    McCulloch has procured me transportation. To meet contingent expenses
    it is necessary that at least $1000 should be placed here subject to
    my draft; and, as I have several times urged, money should be placed
    in the proper hands to pay a bounty to each Indian that enlists.

    I wish I had more definite instructions and power more distinctly
    expressed, especially power in so many words to make treaties and give
    all necessary guarantees. For without giving them nothing can be done,
    and I am [not] sure that John Ross will be satisfied with my statement
    or assurance that I have the power, or with anything less than a
    formal authority from the Congress. He is very shrewd. If I fail with
    him it will not be my fault.

    I have the honor to be, sir, very truly and respectfully, yours,

        ALBERT PIKE, Commissioner, &c.

_Official Records_, fourth ser., vol. i, 359-361.

[350] Pike to Cooley, February 17, 1866.

[351] _Official Records_, first ser., vol. liii, supplement, 688.

[352] A military escort had also been furnished by the Arkansas Military
Board to General McCulloch [_ibid._, 687].

[353] Motey, or Moty, Kennard is occasionally spoken of, in the records,
as the principal chief of the entire Creek Nation. The tribe was, however,
very sharply divided into the Lower and the Upper Creeks. Their
differences had been accentuated by the unpleasant and even dishonorable
and tragic circumstances of their removal from Georgia and Alabama. The
Lower Creeks represented the faction that had stood back of William
McIntosh and that had consented to the fraudulent treaty of Indian
Springs, the Upper Creeks were the dissenters [Abel, _History of Indian
Consolidation_, chapters vi and vii; Phillips, _Georgia and State Rights_,
56-57].

[354] Letter from Greenwood to the Delegation, February 4, 1861 [Indian
Office, _Letter Book_, no. 65, pp. 140-141].

[355] Commissioner of Indian Affairs, _Report_, 1861. Note that as early
as March 18, 1861, Secretary Smith had ordered the suspension of the
issuance of all requisitions to ordinary disbursing officers in the
seceding states. This order probably affected indirectly even the Indian
Territory [Smith to commissioner of Indian affairs, March 18, 1861,
_Miscellaneous Files, 1858-1863_].

[356] Governor Thomas O. Moore of Louisiana to President Davis, May 31,
1861 [_Official Records_, first ser., vol. iii, 588].

[357] See letter of W. S. Robertson to the Secretary of the Interior
[General Files, _Southern Superintendency, 1859-1862_, R1664].

[358] See statement of the "Loyal" Creek Delegation at the Fort Smith
Council, September, 1865 [Land Files, _Indian Talks, Councils, etc.,
1865-1866_, Box 4; Commissioner of Indian Affairs, _Report_, 1865, pp.
328-329].

[359] Opoeth-le-yo-ho-la was nevertheless a very prominent man among the
Upper Creeks and had been prominent even before the exodus from Georgia
and Alabama. At all events he was sufficiently prominent to protest with
others against the transportation contracts that had been made by the War
Department [Lewis Cass to Opoeth-le-yo-ho-la and other Creek chiefs, dated
Tuckabatchytown, Alabama, January 27, 1836]. Again in 1838,
Opoeth-le-yo-ho-la headed a party of protest, that time against the
selling of certain Creek lands left unsold at the time of emigration
[_Creek Reservation Papers_, 25].

Opoeth-le-yo-ho-la seems to have been one of the assassins of William
McIntosh; that is, if the subjoined statement of Acting-superintendent
William Armstrong is to be trusted:

    CHOCTAW AGENCY August 31, 1836

    C. A. HARRIS Esqr, Com{r} of Ind Affairs,

    Sir: The first party of emigrating Creeks are now on the opposite side
    of the river Arkansas, on their way up. I shall leave tomorrow so as
    to meet them at Gibson; while there, I will see the McIntosh party and
    endeavor to learn the state of feelings amongst the several parties.
    Many threats have been made; and much dissatisfaction manifested by
    both Chilly & Rolly McIntosh, the latter has sworn to kill
    A-po-the-ho-lo who was concerned in taking the life of his Father.
    Rolly McIntosh and the other Chiefs now over, are opposed to
    Ne-a-math-la the Chief who is with the party emigrating, upon the
    ground mainly that they may probably be superseded, or their authority
    abridged. I will however report to you, fully, after I shall have
    informed myself, of the state of feeling &c, and will endeavor with
    Gen{l} Arbuckle, to bring about a reconciliation. Respectfully Your
    Obt Servt

        WM ARMSTRONG Act Supt West{n} Ter{y}

_War Department Files_, A37.

Early in the forties, Opoeth-le-yo-ho-la posed as a trader in the Creek
country. He was the partner of J. W. Taylor, a white man. The company so
composed failed, in 1843, "to give bond and license" and so Agent J. L.
Dawson closed its store [Communication of J. L. Dawson, September 5, 1843,
_War Department Files_, I1537].

[360] G. W. Stidham was probably a half-breed. Naturally, being the
official interpreter, he signed as the interpreter and not as a member of
the tribe.

[361]

    We the loyal Creek Indians represented by the Delegation now present,
    solemnly declare that the Treaty of July 10, 1861 was alone made by
    the rebel portion of the Creek Indians, and never was executed or
    assented to by the Union portion of the Nation, and is, not now, and
    never has been, obligatory upon them and the names to said treaty, of
    the loyal party, was a forgery--Land Files, _Indian Talks, Councils,
    etc._, Box 4, 1865-1866; Commissioner of Indian Affairs, _Report_,
    1865, p. 330.

[362] The document herewith given presents one view of the case:

    The undersigned Delegates from the Creek Nation would respectfully ask
    to make the following statement concerning the alliance between the
    said Creek Nation and the so-called Confederate States of America. To
    the end that the Creek Nation may be put upon a proper footing in the
    estimation of your honorable body and that there may be no
    misapprehension on the part of the Government you here represent we
    beg leave to state:

    1st. The Alliance entered into by the Creek Nation with the
    Confederate Government was entered into voluntarily, and without the
    interference of any person or persons other than members of our tribe.
    In taking that step the assembled wisdom of the Nation in council,
    thought they were acting for the best interests of the Nation and of
    their posterity.

    2d. Hopoethle Yoholo the far-famed leader of those members of our
    tribe who battled against us, was not at the time of the making of the
    treaty with Albert Pike Commissioner on the part of the Confederate
    States, a Chief, counsellor or head man in said tribe and had no voice
    in the council, he was however present at the making of said Treaty
    and give said Pike to understand that he fully concurred in the result
    of our deliberations. After the making of the Treaty Hopoethle Yoholo
    collected together his adherents, and for reasons entirely of a
    domestic character and in no wise connected with the National question
    at issue, withdrew from the country and assumed a hostile attitude.
    With this exception the Creeks were united as one man in action and
    were ever united as one man in principle on the National question then
    agitated.

    3d. Although the Nation we represent would not attempt at this time to
    urge anything in palliation of the course of conduct they adopted in
    this matter, other than to ask your honorable body to esteem the error
    as one of the "head and not of the heart"--but we beg leave to state
    that at the time of the forming of the Alliance above refered to
    circumstances over which we could not possibly exercise control seemed
    to _demand_ an adoption of the course taken. The protection always
    borne with the idea of allegiance, was taken from our Nation by the
    withdrawal of the United States forces from the Indian Territory. This
    movement left the Nations entirely without the support of the United
    States government, and had they desired to remain neutral or to take
    active measures on the side of the United States they could not
    possibly have done so without having their Country desolated, or by
    abandoning their homes. Surrounded by States, in a tumult of angry
    excitement attendant upon a dissolution of their connection with the
    United States, they were completely in the power of those States,
    without having United States forces to call to their aid or
    assistance. An alliance under such circumstances were [was]
    indispensible to the safety of the country. Viewing the matter in this
    light the Treaty was made, and once having linked our destiny with
    those of the Confederacy, we could not in honor betray our trust. In
    conclusion we beg leave to say that as long as events cannot be
    controlled by human wisdom and foresight and until an honorable
    adherence to promises made voluntarily, is dishonorable so long must
    we deem ourselves in one sense at least--guiltless of any criminality
    in this matter.--Land Files, _Indian Talks, Councils, etc., Box 4,
    1865-1866._

[363] They were also worried over rumors of sequestration:

    Statements having found their way into some of the public prints, to
    the effect that supplies purchased for the use of the Choctaws, have
    been detained by citizens of the Northern States, which statements if
    uncontradicted may engender hostile feelings between those Indians and
    the Government, I have thought proper to forward to you the enclosed
    copies of official correspondence in relation to this subject, that
    you may be able authoritatively to contradict such statements and
    satisfy the Choctaws that the Government intends faithfully to
    preserve and perpetuate the amicable relations subsisting between
    itself and those people.--Dole to Rector and same to Coffin, May 16,
    1861 [Indian Office, _Letter Book_, no. 65, p. 458].

[364] Particularly by means of the resolutions of the National Council,
June 10, 1861.

[365] _Official Records_, first ser., vol. iii, 593.

[366] For evidence of this and for the fullest extant account of the
progress of secession among the Choctaws, see letter of S. Orlando Lee to
Dole, March 15, 1862.

[367] The following is found in the _Fort Smith Papers_:

    Tishomingo, C. N. Nov. 26, 1861.

    GEN. A. G. MAYERS

    Sir: Having been appointed as a Delegate from this Nation (the
    Chickasaw) to the Southern Congress, am at a loss (to know) when the
    Congress does meet. I have all along understood from newspaper
    accounts that it was to be on the 22d of February, but some seems to
    think it is sooner. Will you please inform me at your earliest
    convenience at what time the S. Congress does meet. Your attention to
    the above is respectfully requested. I am yours very Respectfully

        JAMES GAMBLE.

    P.S. Please continue to send me the Parallel, I will make it all right
    with you when on my way to Va.

        J. G.

[368] In the list of members of the Confederate congresses, given in
_Official Records_, fourth ser., vol. iii, 1184-1191, no Indian delegate
is specified until 1863.

[369] Cooper to President Davis, July 25, 1861 [_ibid_., first ser., vol.
iii, 614].

[370] E. H. Carruth, in a letter to General Hunter of November 26, 1861
[Commissioner of Indian Affairs, _Report_, 1861, p. 47], would have us
understand that the Seminoles as a tribe did not negotiate with Pike, but
that the whole affair was as between Pike and Jumper, Jumper being
assisted by four chosen friends. The five were probably bribed. That Pike
was not averse to the use of money for such ends, his letter to Walker of
June twelfth would lead us to suspect [_Official Records_, first ser.,
vol. iii, 590]. We have, however, no definite proof of the same. John
Jumper was early rewarded by the Confederate government. By act of the
Provisional Congress, January 16, 1861 [_Statutes at Large_, p. 284], he
was made an honorary lieutenant-colonel of the army of the Confederate
States. Carruth further says that the family influence of Jumper "enabled
him to raise forty-six men, not all Seminoles, and Ben McCulloch
authorized him to call to his aid six hundred rangers from Fort Cobb, that
he might crush out the Union feeling in his tribe."

[371] It is just possible that Rector had been with him all the time. At
all events Rector subsequently entered an expense account against the C.
S. A. for services from July tenth to August twenty-fourth inclusive. See
Appendix A, _Fort Smith Papers_.

[372] See letter of Agent Snow, dated March 10, 1864, and its enclosures,
one of which is a speech of Long John, who became principal chief when the
aged Billy Bowlegs died, and another, a speech of Pas-co-fa, who, provided
his signature to the treaty be genuine, eventually must have repented of
his Confederate alliance. He was soon, with Bowlegs and Chup-co, in the
ranks of Opoeth-le-yo-ho-la [General Files, _Seminole, 1858-1867_, S291].

[373] The report of the United States commissioner of Indian affairs for
1863 estimates the loyal Seminoles at about two-thirds of the tribe [House
_Executive Documents_, 38th congress, first session, vol. iii, 143], that
of the Confederate States commissioner of Indian affairs as fully one-half
[S. S. Scott to Secretary Seddon, January 12, 1863, _Official Records_,
fourth ser., vol. ii, 353].

[374] While at the Creek Agency, Pike had communicated, so it seems, with
John Jumper and had asked him to meet him there with six others competent
and authorized to make a treaty. Up to the time of hearing from Pike, John
Jumper seems to have been inclined to adhere faithfully to the United
States government. The excellent report of E. H. Carruth, July 11, 1861
gives full particulars of this whole affair.

[375] See supplementary Article [_Official Records_, fourth ser., vol. i,
525].

[376] See communications from Bowlegs [So-nuk-mek-ko] to Commissioner of
Indian Affairs, March 2, 1863 and May 13, 1863 [General Files, _Seminole,
1858-1869_, B131, B317]. See also Dole to Coffin, March 24, 1863 [Indian
Office, _Letter Book_, no. 70, pp. 208-209].

[377] Commissioner of Indian Affairs, Report, 1869 [House _Executive
Documents_, 41st congress, second session, vol. iii, part 3, p. 521].

[378] See letter of E. H. Carruth.

[379] William P. Davis of Indiana had been given the United States
Seminole Agency but he never reached his post [Dole to John D. Davis,
April 5, 1862, Indian Office _Letter Book_, no. 68, p. 39]. Consequently,
the Confederate States agent, Rutherford, had sole influence there. Not
until George C. Snow of Indiana became United States Seminole agent, did
the non-secessionist Indians get the encouragement and support they ought
to have had all along.

[380] See Appendix B--_Leeper Papers_.

[381] The _Leeper Papers_, printed in the Appendix, furnish convincing
proof of this. Note also that July 4, 1861, Rector wrote to Leeper from
Fort Smith as follows:

    In the 3rd section of the law of the Confederate Congress, regulating
    the Indian service connected with said government, and making
    provision for the continuance in office of the Superintendent and
    Agents heretofore connected with the original U. S. government, you
    will be continued upon the same terms and at the same salary, as
    heretofore received from the federal government, and before entering
    upon your duties as such it will be your duty to take an oath before a
    proper officer of a State of the Confederate States, to support the
    Constitution of and accept a Commission from the Confederate States of
    America....--_Leeper Papers._

[382] Pike to Walker, dated Seminole Agency, July 31, 1861 [_Official
Records_, first ser., vol. iii, 624]. Writing to Benjamin, December 25,
1861 [_ibid._, vol. viii, 720], Pike said he had "64 men."

[383] These two treaties are interesting in various particulars. They
contained fewer concessions, fewer departures from established practice
than any others of the nine. They were made primarily for the maintenance
of peace on the Texan frontier. That fact is only too evident from their
contents and from the circumstances of their negotiation. One of the chief
reasons, cited by Texas, for her withdrawal from the Union was the failure
of the United States to protect her from Indian ravages. It seems never to
have occurred to her to mention the fact that her citizens, by their
aggressions, had constantly provoked the ravages, if such we can call
them. The northern counties of Texas were not "Southern" in climate or
industries, so it was especially necessary to enlist their sympathy in the
Confederate cause by keeping the Indians of the plains quiet and peaceful.

The Comanche treaties were also interesting in the matter of their
signatures and of their schedules. The signatures included that of Rector,
of the Creek chiefs, Motey Kennard and Chilly McIntosh, and of the
Seminole chief, John Jumper. The schedules promised such things as the
following to the Indians but in amounts that were beautifully indefinite:

    Blue drilling, warm coats, calico, plaid check, regatta cotton shirts,
    socks, hats, woolen shirts, red, white and blue blankets, red and blue
    list cloth, shawls and handkerchiefs, brown domestic, thread, yarn and
    twine, shoes, for men and women, white drilling, ribbons, assorted
    colors, beads, combs, camp kettles, tin cups and buckets, pans, coffee
    pots and dippers, needles, scissors and shears, butcher knives, large
    iron spoons, knives and forks, nails, hatchets and hammers, augers,
    drawing knives, gimlets, chopping axes, fish-hooks, ammunition,
    including powder, lead, flints and percussion caps, tobacco.

Two of a kind would have satisfied most of the requirements of these
schedules. The list of things is interesting from the standpoint of
domesticity and general utility and also from the standpoint of the things
that the same Indians had previously seemed to need in such immense
quantities. For illustration it would be well to note that when Agent
Leeper handed in his last accounts to the United States government, he
claimed to have issued during the second quarter of 1861 to the Indians at
the Wichita Agency, 550 pounds of coffee, 550 pounds of sugar, 650 pounds
of soap, 600 pounds of tobacco, etc.

In conclusion, with respect to these Comanche treaties, we may say that,
since the Choctaw and Chickasaw Treaty had put the Leased District under
the jurisdiction of the C. S. A., there was very little for the reservees
themselves to do, except take the protection and other things offered by
the Confederacy (the Comanches of the Prairie and Staked Plain had
promised to become reservees on the Leased District) and be content. Pike
did not bother about promising to make them citizens eventually or about
making them admit the legality of the institution of slavery. Their
political status had never been high and it was no higher under the
Confederacy than it had been under the Union.

[384] The Tonkawas seem to have been the ones who were the most completely
persuaded of all to adhere to the South and they continued unwaveringly
loyal thereafter to its failing fortunes [S. S. Scott to Governor
Winchester Colbert, dated Fort Arbuckle, November 10, 1862; Colbert to
Scott, same date; Moore's _Rebellion Record_, vol. vi, 6; Commissioner of
Indian Affairs, _Report_, 1863, House _Executive Documents_, 38th
congress, first session, vol. iii, 143; Indian Office, _Report Book_, no.
19, pp. 186-188]. Apparently the Confederacy was rather careful in
carrying out its obligations to the Tonkawas. Among the _Leeper Papers_
are various documents proving this, such as an unsigned receipt for money
received from Pike, July 19, 1862, to carry out the terms of Articles XVI
and XVII of the treaty of August 12, 1861; and a copy of a letter, from
Leeper probably, to J. J. Sturm, commissary, dated November 30, 1861,
complaining that Sturm had not followed "instructions in making issues to
Tonkahua Indians."

[385] _Journal_, vol. i, 565.

[386] Message of Dec. 12, 1861 [Richardson, _op. cit._, vol. i, 149-151;
_Official Register_, fourth ser., vol. i, 785-786].

[387] This report I have been unable to find.

[388]

    The pecuniary obligations of these treaties are of great importance.
    Apart from the annuities secured to them by former treaties, and which
    we are to assume by those now submitted, these tribes have large
    permanent funds in the hands of the Government of the United States as
    their trustee. These funds may be divided into three classes: First.
    Money which the Government of the United States stipulated to invest
    in its own stocks or stocks of the States, and which has been partly
    invested in its own stocks and partly uninvested, remains in its
    Treasury, but upon which it is bound to pay interest. Second. Funds
    invested in the stocks of States not members of this Confederacy.
    Third. Money invested in stocks of States now members of this
    Confederacy.... By the treaties now submitted to you the first and
    second class are absolutely assumed by this Government; but this
    Government only undertakes as trustee to collect the third class from
    the States which owe the money and pay over the amounts to the Indians
    when collected. It is fortunate for the Indians and ourselves that the
    amounts embraced in classes one and two are relatively small, and the
    obligations incurred by their assumption cannot be onerous, as the
    amount due by States of the Confederacy on account of investments in
    the funds of Northern Indians considerably exceeds the amount to be
    assumed under this provision of the treaties. We thereby have the
    means to compel the Government of the United States to do justice to
    the Indians within the jurisdiction of the Confederate States, or to
    indemnify ourselves for its breach of faith.

    ... I also submit to you the report of Albert Pike, the commissioner,
    which contains a history of his negotiations and submits his reasons
    for a departure from his instructions in relation to the pecuniary
    obligations to be incurred. [The reference here is to a letter from
    Pike to Toombs, May 20, 1861, _Official Records_, first ser., vol.
    iii, 581.] In view of the circumstances by which we are surrounded,
    the great importance of preserving peace with the Indians on the
    frontier of Texas, Arkansas, and Missouri, and not least, because of
    the spirit these tribes have manifested in making common cause with us
    in the war now existing, I recommend the assumption of the stipulated
    pecuniary obligations, and, with the modifications herein suggested,
    that the treaties submitted be ratified.--_Official Records_, fourth
    ser., vol. i, 786.

[389] _Official Record_, fourth ser., vol. i, 785-786.

[390] _Journal_, vol. i, 564, 565.

[391] --_Ibid._, 590-596.

[392] --_Ibid._, 590-591.

[393] _Statutes at Large_, 330.

[394] _Journal_, vol. i, 591-592.

[395] _Statutes at Large_, 331.

[396] _Journal_, vol. i, 597.

[397] --_Ibid._, 593.

[398] _Statutes at Large_, 367.

[399] _Journal_, 601.

[400] --_Ibid._, 598.

[401] _Statutes at Large_, 331.

[402] _Statutes at Large_, 331.

[403] _Journal_, vol. i, 610.

[404] --_Ibid._

[405] --_Ibid._, 632-633.

[406] --_Ibid._, 634.

[407] --_Ibid._, 635.

[408] _Official Records_, first ser., vol. iii, 574.

[409] Chief Justice M. H. McWillie of La Mesilla, Arizona, was among the
number. See his letter to President Davis, June 30, 1861, quoted in
_Official Records_, vol. iv, 96.

[410] _Official Records_, first ser., vol. iii, 578-579.

[411] --_Ibid._, vol. i, 618.

[412] Letter to Johnson, May 11, 1861, _ibid._, vol. iii, 572.

[413] Letter to Toombs, May 20, 1861, _ibid._, 581.

[414] Commissioner of Indian Affairs, _Report_, 1861, p. 14.

[415] Act of March 2, 1861, U. S. _Statutes at Large_, vol. xii, 239.

[416] On the twenty-second of May, Whitney reported, generally, on the
condition of several tribes:

    Owing to the extremely dangerous state of political affairs in
    Missouri especially along the line of the H. & St. Jo. RR., I have
    refrained from writing to you.... Although the _Delawares_ were not
    especially refered to in my instructions yet I visited the Mission &
    Agent as it was quite convenient ... and ascertained to my complete
    satisfaction ... that they were a wealthy tribe and that although many
    of their individual members were _necessitous_ yet they were not of
    the _destitute_ kind contemplated by your department: 2d. that the new
    agent who had heard of this movement towards relief was very anxious
    to make it appear that his tribe was very needy & to have large
    amounts of relief furnished at his residence on the Missouri River
    away from the agency & also from a central point....

    I next visited the Osage River Agency and ascertained that all of the
    tribes belonging to that Agency were in rather a destitute condition,
    they having used and still (are) using their school fund in buying
    provisions: the Miamis of that agency I found to be the most needy &
    it might be said that they were _suffering_ to some extent....

    ... In reference to the Neosho Agency, as that was such a long
    distance I engaged three trains of wagons before leaving
    Leavenworth....

    Whitney speaks harshly of the Osages as lazy vagabonds and continues,

    ... The general famine throughout Kansas had but little to do with
    their sufferings as they cultivate nothing of consequence ... and
    therefore ... they are not morally & strictly proper objects of
    government charity....

    ... Systematic and well planned solicitations had been and are being
    made by Missourians to them to take up arms against the borderers to
    which the people throughout this entire section feared they might be
    induced on account of the neglect of Government [and because the
    whites steal their ponies]--Land Files, _Central Superintendency,
    1852-1869_, W223.

Note that Whitney thought the reports of border ruffian inducements,
though true in a measure, had been exaggerated. On the eighth of June, he
reported again,

    When I got within reach of the H. & St. J. R. R. it became apparent
    that my produce would be at best somewhat exposed to seizure by the
    secessionists and that such hazard would be very greatly enhanced if
    it was known to be government property and especially if it should be
    known to be going to the Indians whom the Missourians were even then
    as was reported upon authority endeavoring to excite against the
    borderers....--Land Files, _Central Superintendency, 1852-1869_, W223.

Slaughter had less to report; but even he, on the twenty-first of June,
said, while insisting that the reports had been exaggerated,

    I have no doubt overtures have been held out to them [the more
    northern tribes], but whether from authorized parties from [the] South
    no one can tell. It is all matter of conjecture. A general council of
    the tribes it is understood has been solicited by some of the Southern
    Indians, but I doubt whether it will be held.--General Files, _Central
    Superintendency, 1860-1862_, S404.

Slaughter further surmised, from personal observations, that the northern
tribes would remain loyal to the United States. See his letter to Dole,
June 15, 1861. Other people were of the same opinion, although, in early
1861, the various tribes had much to complain of, much to make them
discontented and therefore very susceptible to bad influences. Some of the
Miamis were preferring charges against Agent Clover for misapplication of
funds and other things [Louis Lefontaine, etc. to Greenwood, January 13,
1861, Land Files, _Osage River, 1860-1866_]; the Kaws were suffering and
R. S. Stevens slowly working out the details of his preposterous graft in
the construction of houses for them [M. C. Dickey to Greenwood, February
26, 1861, General Files, _Kansas, 1855-1862_, D250, and same to same,
March 1, 1861, _ibid._, D251]; the Shawnees were having the usual troubles
over their tribal elections, Joseph White having recently been elected
second chief in place of Eli Blackhoof [Robinson to Greenwood, February
19, 1861, Land Files, _Shawnee, 1860-1865_]; and then, even farther north,
from among the Otoes, came additional complaints; for Agent Dennison, who
by the way, became a secessionist and a defaulter [Dole to Thaddeus
Stevens, May 26, 1862, Indian Office, _Report Book_, no. 12, pp. 388-386],
was withholding annuities and an uprising was threatening in consequence
[General Files, _Otoe, 1856-1862_].

[417] The alien influence extended itself even to the wild Indians of the
Plains. On the sixth of August, 1861 [General Files, _Pottawatomie,
1855-1861_, B704], Branch reported bad news that he had received from
Agent Ross regarding the hostile approach of these Indians and remarked,

    I think there can be little doubt but what emissaries of the Rebels
    have been and are actively engaged in creating dissatisfaction against
    the government with every tribe of Indians that they dare approach on
    that subject.

    As soon as I can get the business of this office in a shape so I can
    conveniently leave my office duties I propose visiting the most of the
    tribes under this superintendency with a view to reconciling them and
    enjoining peace....

Similarly Captain Elmer Otis from Fort Wise, August 27, 1861, and A. G.
Boone from the Upper Arkansas Agency, September 7, 1861, reported the
Texans' tampering with the Kiowas [Land Files, _Upper Arkansas,
1855-1865_, O40, B772], who seem successfully to have resisted their
threats and their blandishments. The Comanches of Texas were also
approached but they fled rather than yield [Boone to Mix, October 19,
1861, _ibid._, B361]. They, however, importunately demanded a treaty from
the United States government in return for their loyalty. They were poor,
they said, and had lost their hunting-grounds. Boone made good use of them
as scouts and spies against the Texans [Letter of December 14, 1861,
_ibid._, B1006]. They were of the Comanches who had treated with Pike and
who had solemnly pledged themselves, under duress and temporary
excitement, to amity and allegiance. Secret agents from the South went
also among the Blackfeet and Agent Thomas G. McCulloch sent an ex-employee
of the American Fur Company, named Alexander Culbertson and married to the
daughter of the Blackfeet chief, as a secret agent to counteract their
influence [General Files, _Central Superintendency, 1860-1862_].

[418] Letter to Walker, July 18, 1861 [_Official Records_, first ser.,
vol. iii, 611].

[419] The scarcity of arms proved to be a serious matter. On the thirtieth
of July, the assistant-quartermaster general, George W. Clark, telegraphed
to Walker that arms had not yet arrived and that the Indians, encamped at
the Old Choctaw Agency, were, in consequence, showing signs of discontent
[_Official Records_, first ser., vol. iii, 620].

[420] Cooper probably spoke the truth, for the Choctaws and Chickasaws
together had a population of twenty-three thousand.

In 1861, the Indian population of the Southern Superintendency was, as
reported by Dole upon inquiry from Hon. J. S. Phelps of Missouri [John C.
G. Kennedy, of the Census Office, to Dole, August 9, 1861]:

    Chickasaws                              5,000
    Choctaws                               18,000
    Cherokees                              21,000
    Creeks                                 13,550
    Seminoles (of which 1,247 were males)   2,267

[Dole's answer, August 10, 1861].

In April, the report from the Indian Office had been:

    Choctaws           18,000
    Chickasaws          5,000
                      -------
                Total  23,000

    Creeks             13,550
    Cherokees          17,530
    Seminoles           2,267
    Neosho Agency       4,863
    Leased District     2,500
                      -------
                Total  63,710

[Indian Office, _Report Book_, no. 12].

[421] Letter to President Davis [_Official Records_, first ser., vol. iii,
614].

[422] Identical with Article I of both the Cherokee and the Choctaw and
Chickasaw, but different from the Seminole in that the Seminole provided
simply for "perpetual peace and friendship."

[423] The corresponding Choctaw and Chickasaw Article [XLIX] stipulated
that the colonel of the regiment should be appointed by the president. Of
course, Douglas H. Cooper, was at this time, the one and only candidate
for the place and there is no doubt that the exception was made for his
especial benefit. However, Pike objected to his holding, in addition to
the colonelcy, the office of Indian agent [_Official Records_, first ser.,
vol. iii, 614].

Agent Garrett wanted the position of colonel in the Creek regiment and
Pike recommended him, but McCulloch objected saying,

    I hope the appointment will not be made, for Colonel Garrett is in no
    way qualified for the position, and from what I know of his habits, I
    am satisfied that a worse appointment could not be made.--_Official
    Records_, first ser., vol. iii, 597.

This was before the treaty had been negotiated and, after it had been
negotiated, Pike wrote to Walker as follows:

    When I recommended the appointment of William H. Garrett, the present
    agent for the Creeks, to be colonel of the Creek regiment, I had not
    sufficiently estimated the ambition and desire for distinction of the
    leading men of that nation, and I also supposed that Mr. Garrett,
    popular with them as an agent, would be acceptable as colonel of their
    regiment; but when I concluded with them the very important treaty of
    July 10, instant, they strenuously insisted that the colonel of the
    regiment to be raised should be elected by the men. As the public
    interest did not require I should insist upon a contrary provision, by
    which I might have jeoparded the treaty, I yielded, and the
    consequence is that by the treaty, as signed and ratified by the Creek
    council, the field officers are all to be elected by the men of the
    regiment.

    This being the case, I have this day written Colonel Garrett,
    requesting him to inform the Creeks immediately, as I have already
    done, that notwithstanding his appointment they will elect their
    colonel. If he should not do so he will cause much mischief, and would
    deserve severe censure; but I do not doubt he will promptly do
    it....--_Official Records_, first ser., vol. iii, 623-624.

On the twenty-fourth of August, the matter was settled at Richmond by
Walker's writing to Pike,

    In order that there shall be no misunderstanding with the friendly
    Indians west of Arkansas, this Department is anxious that the article
    in the treaty made by you, guaranteeing to them the right of selecting
    their own field officers, shall be carried out in good faith. The name
    of Mr. Garrett will therefore be dropped as colonel of the Creek
    regiment, and that regiment will proceed to elect its own officers.
    The regiment being formed among the Seminoles will exercise the same
    right. Reassure the tribes of the perfect sincerity of this Government
    toward them.--_Ibid._, 671.

The corresponding Cherokee Article [XL] differed slightly from the Creek.
It seems to have taken certain things, like the choice of officers, both
company and field, for granted. It reads thus:

    In consideration of the common interest of the Cherokee Nation and the
    Confederate States, and of the protection and rights guaranteed to the
    said nation by this treaty, the Cherokee Nation hereby agrees that it
    will raise and furnish a regiment of ten companies of mounted men,
    with two reserve companies, if allowed, to serve in the armies of the
    Confederate States for twelve months; the men shall be armed by the
    Confederate States, receive the same pay and allowances as other
    mounted troops in the service, and not be moved beyond the limits of
    the Indian country west of Arkansas without their consent.

[424] Identical with Article LI of the Choctaw and Chickasaw Treaty and
with Article LXI of the Cherokee.

[425] Identical with Article L of the Choctaw and Chickasaw Treaty, with
Article XLII of the Cherokee, and with Article XXXVI of the Seminole.

[426] Identical with Article LII of the Choctaw and Chickasaw Treaty and
with Article XLIII of the Cherokee.

[427] Frémont reported to Townsend, August 13, 1861, that Cherokee
half-breeds, judging from the muster roll and from the corroborating
testimony of prisoners, were with McCulloch in this battle, fought about
ten miles south of Springfield, August 10, 1861 [_Official Records_, first
ser., vol. iii, 54]. Connelley says, in 1861, Quantrill, returning from
Texas, lingered in the Cherokee Nation with a half-breed Cherokee, Joel
Mayes,

    Who, many years after the war, was elected Head Chief of the Nation.
    Mayes espoused the cause of the Confederacy and was captain of a
    company or band of Cherokees who followed General Ben McCulloch to
    Missouri.--_Quantrill and the Border Wars_, 198.

A letter, written by McCulloch to Colonel John Drew, September 1, 1861,
seems to indicate that individual Cherokees had joined him [_Official
Records_, first ser., vol. iii, 691].

[428] The Federal defeat was believed by contemporaries to have been due
to mismanagement, to army friction, to the incompetency and sloth of
Sigel, and to Frémont's failure to reinforce the redoubtable Lyon, who
fell in the engagement. An investigation into Sigel's conduct was
subsequently made by Halleck, Sigel's bitter enemy. Halleck hated Sigel,
because Sigel so greatly admired Frémont, whom Halleck supplanted; and
because Sigel was the hero of the Germans, and one of them. For the
Germans, Halleck had a great antipathy. Many of them were
"pfälzisch-badischen Revolutionäre" and Halleck regarded them as
adventurers or as refugees from justice. They in turn referred to Halleck
as one of the West Point "bunglers" who were so numerous in the northern
army, the really efficient and capable West Pointers, so they said, having
all gone with the South [Kaufmann's "Sigel und Halleck" in
_Deutsch-Amerikanische Geschichtsblätter_, Band, 210-216, October 1910].

[429] Even in the latter part of May, these were so serious as to threaten
a Cherokee civil war [Letter of John Crawford, May 21, 1861, General
Files, _Cherokee, 1859-1865_; Mix to Crawford, June 4, 1861, Indian
Office, _Letter Book_, no. 66, pp. 15-16].

[430] Ben McCulloch to Walker, September 2, 1861 [_Official Records_,
first ser., vol. iii, 692]; Pike to Benjamin, December 25, 1861 [_ibid._,
vol. viii, 720].

[431] "Meetings and Proceedings of the Executive Council of the Cherokee
Nation, July 2, 1861" [General Files, _Cherokee, 1859-1865_, C515].

[432] See "Meetings and Proceedings of the Cherokee Executive Council,
August 1, 1861" [General Files, _Cherokee, 1859-1865_, C515].

[433] Pike to Ross, August 1, 1861 [_ibid._].

[434]

    A general meeting of the Cherokee people was held at Tahlequah on
    Wednesday, the 21st day of August, 1861. It was called by the
    executive of the Cherokee Nation for the purpose of giving the
    Cherokee people an opportunity to express their opinions in relation
    to subjects of deep interest to themselves as individuals and as a
    nation. The number of persons in attendance, almost exclusively adult
    males, was about 4,000, whose deportment was characterized by good
    order and propriety, and the expression of whose opinions and feelings
    was frank, cordial, and of marked unanimity.--_Report of the
    Proceedings at Tahlequah, August 21, 1861_, transmitted to General
    McCulloch by the Executive Council, August 24, 1861 [_Official
    Records_, first ser., vol. iii, 673].

[435] Evan Jones of the Baptist Mission, Cherokee Nation, to Dole, dated
Lawrence, Kansas, November 2, 1861 [General Files, _Cherokee, 1859-1865_,
J503].

[436] W. S. Robertson, who for twelve years had been "teaching in the
Tullahassee Manual Labor School in the Creek Nation under the care of the
Presbyterian Board of Foreign Missions" [Robertson's Letter of September
30, 1861, General Files, _Southern Superintendency, 1859-1862_, R1615].

Robertson says, that

    Having witnessed the whole struggle between the Loyal & War parties,
    when the latter prevailed, I was on the 25{th} of August ordered by a
    party of the "Creek Light Horse" acting under the written orders of
    Moty Kenard and Jacob Derrysaw, Chief of the Creeks, to leave within
    twenty-four hours from the Creek country. I retired to my friends at
    Park Hill in the Cherokee where the same struggle was going on.

    At Park Hill I enjoyed every facility for knowing the feelings of the
    people, the designs of the Executive.

    When at last the Rebel flag flaunted over the council ground at
    Tahlequah, I left the Cherokee country with my family, and after
    encountering many dangers, succeeded in reaching Rolla, on the 23{rd}
    Sept. without giving any pledge to the enemy.

    Having written to the Sec. of the Interior (from St. Louis, Oct.
    1{st}) stating my long residence among the Creeks and Cherokees, my
    means of information, and my desire to give any information that would
    benefit our Gov't or my loyal friends among the Indians--and having
    forwarded all the printed correspondence between the Rebels and Chief
    Ross (except the last letter of the Rebel commissioner, Albert Pike)
    together with Chief Ross' speech at the Cherokee Convention at
    Tahlequah, on the 21{st} of Aug. and the resolutions passed at said
    Convention, without receiving any answer, I concluded that Col.
    Humphrey's (of Tenn.) mysterious movements were all right, that he was
    loyal, and kept our Gov't well informed as to the Rebel doings among
    the Indians. That I had redeemed my pledge to loyal Creeks &
    Cherokees.

    Recent letters from St. Louis, & New York stating that "Gov't agents
    are seeking information everywhere," and urging me to write to "Gen.
    Hunter" & Washington, induce me to send you my address, to urge you in
    the name of humanity and justice not to take decisive measures against
    the betrayed and oppressed people, until you have heard all that can
    be said in their behalf.--Letter to Department of the Interior and
    referred to Commissioner of Indian Affairs, dated January 7, 1862
    [General Files, _Southern Superintendency, 1859-1862_, R1664].

Mix answered it February 14, 1862 [Indian Office, _Letter Book_, no. 67,
P. 357].

In a somewhat earlier letter, the one from which the extract, in the body
of the text was taken, Robertson had said,

    I am ... deeply interested in their welfare, acquainted with the
    feelings of the people, well informed as to the men and measures which
    have detached these nations from their allegiance to the U. S.

    Chief among the traitors were not only the Superintendent of that
    District, and the Agents under him appointed by the late
    Administration but others claiming to have received commissions as
    Indian Agents "since the 4{th} of March last" from the U. S. Gov't.

    On the 21{st} of Aug. last I was in Tahlequah, the capital of the
    Cherokee Nation, at a convention of the Cherokee people called by
    their Chief Jno. Ross....--ROBERTSON to President Lincoln, dated
    Winneconne, Wisconsin, December 12, 1861 [General Files, _Southern
    Superintendency, 1859-1862_, R1658].

Concerning the responsibility attaching to government agents for Indian
defection, E. C. Boudinot and W. P. Adair wrote, January 19, 1866, to
Cooley,

    The Southern Indians have repeatedly repudiated the idea that they
    were induced by the machinations of any persons to ally themselves
    with the rebellion, but accept the full responsibility of their acts
    without such excuse.

    The passage above quoted [meaning one from Coffin's report of
    September 24, 1863--"They resisted the insidious influences which were
    brought to bear upon them by Rector, Pike, Cooper, Crawford and other
    rebel emissaries for a long time."] however does great injustice to
    all the parties named, particularly to Genl Cooper, who had no earthly
    connection with the Cherokees until several months after. Mr. John
    Ross made the treaty with the so-called Confederate States.--General
    Files, _Cherokee, 1859-1865_, B60.

[437] "Ross was overborne. It is said that his wife was more staunch than
her husband and held out till the last. When an attempt was made to raise
a Confederate flag over the Indian council house, her opposition was so
spirited that it prevented the completion of the design."--Howard, _My
life and experiences among our hostile Indians_, 100.

[438] For the entire address of John Ross, see _Official Record_, first
ser., vol. iii, 673-675.

[439] _Official Record_, first ser., vol. iii, 675-676. A slightly
incorrect copy of these same resolutions is to be found in vol. xiii,
499-500.

[440] John Ross and others to McCulloch, August 24, 1861 [_Official
Records_, first ser., vol. iii, 673].

[441] Commissioner of Indian Affairs, _Report_, 1865. The Report of the
Commissioner of Indian Affairs to President Johnson, February 25, 1866, in
answer to the Cherokee protest against Chief Ross's deposition contains
this statement:

    As early as June or July, the exact date is not known, John Ross
    authorized the raising of Drew's Regiment, for the Southern army....

[442] McCulloch to Ross, September 1, 1861 [_Official Records_, first
ser., vol. iii, 690].

[443] --_Ibid._; McCulloch to John Drew, September 1, 1861 [_ibid._, 691].

[444] In the course of the war, both inside and outside of Kansas, many
instances occurred of Indians' expressing a wish to fight or of their
services being earnestly solicited. In late April of 1861, a deputation,
headed by White Cloud, came east and tendered to the United States
government the services of some three hundred warriors, Sioux and
Chippewas [Moore's _Rebellion Record_, vol. i, 43].

Agent Burleigh, in charge of the Yancton Sioux, asked permission to
garrison Fort Randall with Indians [Commissioner of Indian Affairs,
_Report_, 1861, p. 118]. The Omahas manifested great interest in the war,
so their agent, O. H. Irish, reported [_ibid._, p. 65]. Towards the end of
the struggle a young recruiting officer, who went among them, persuaded
about thirty youths, mostly students at the Mission School, to enlist.
Their terms had not expired when the war closed, so they were sent out as
scouts to protect the Union Pacific Railroad, in course of construction
from Denver to Salt Lake City, against the Sioux who were attacking
workmen and emigrants. Even Senecas from the far away Cattaraugus
Reservation, New York, offered to enlist [Dole to Strong, December 7,
1861, Indian Office _Letter Book_, no. 67, p. 129]; and so did the Pawnees
from the great plains. The United States government, however, refused to
accept the Pawnees for anything but scouts and, in that capacity, they
proved exceedingly useful [Commissioner of Indian Affairs, _Report_, 1869,
p. 472]. Winnebagoes were in the United States employ [Indian Office,
_Report Book_, no. 13, pp. 276-277], as were also many individuals from
other tribes. Some Indians became commissioned officers and a number were
at the head of companies. Captain Dorion of Company B, Regiment Fourteenth
Kansas Volunteers was an Iowa [_ibid._, 261] and Eli S. Parker on General
Grant's staff was a Seneca.

After the Enrollment Act of March 3, 1863 [United States _Statutes at
Large_, vol. xii, 731-737] was passed, several attempts were made to force
the Indians to serve in the army but Mix, the Acting Commissioner of
Indian Affairs, declared they were exempt from the draft [Letter to Agent
D. C. Leach, September 4, 1863, Indian Office, _Letter Book_, no. 71, p.
354]. On the sixteenth of July, 1863, the United States War Department
inquired very particularly as to the Indian eligibility for enrollment and
Secretary Usher took occasion to instruct Mix that the respective agents
should be

    Directed to offer no resistance to the enrolling officers, after
    notifying said officers of the fact, that the tribe or tribes under
    their charge are composed of Indians who have not acquired the rights
    of Citizenship, but immediately upon being informed of the drafting of
    any member of his tribe, he will report the case to the Com{r} of
    Indian Affairs, for such action as may be necessary to procure the
    exemption of the Indians from military service.--Letter of Secretary
    Usher, September 12, 1863, _Miscellaneous Files_, 1858-1863.

[445]

    The bearer has a train of goods at this point en route for the Indians
    on the western border of the State, containing quite a quantity of
    arms & ammunition.

    There is great excitement in the community with reference to arming
    the Indians at the present time, as for several days past reports have
    come to us that our frontier settlements are in danger of attack from
    hostile Indians who are collecting in the neighborhood. I am daily
    importuned to send them aid. Also, report says, and it seems very
    reliable, that the Indians on our southern border are arming
    themselves against our citizens. In addition to these Indian rumors it
    is believed by many that these arms are in danger of falling into the
    hands of secessionists, before reaching their destination. Quite a
    number of that class of men have recently passed up this way (Topeka)
    and through Riley County. In this condition of affairs I do not think
    these arms & ammunition can be taken west without an escort, as the
    rabble will be almost certain to waylay them as soon as they get on
    the Pottawatomie Reserve. I can protect them while in this county &
    will do so, but cannot follow them. Would it not be well, if you have
    the authority, to direct the bearer to leave that part of his freight
    in charge of the U. S. Marshal, or in my charge, until there shall be
    a change of circumstances, or until further orders from Washington?

    Although I would not undertake to oppose the action of Government in
    the matter and would not interfere unless it should be to prevent the
    property from falling into the hands of a mob, yet I do think under
    the circumstances it is very bad policy to arm the Indians on the
    border. I feel very sure from what I learn, they will be used against
    our citizens within three months time. I am ready to co-operate at all
    times with the U. S. authorities....--General Files, _Central
    Superintendency, 1860-1862_, B479. See also Branch's reply, May 23,
    _ibid._

[446] H. B. Branch to Mix, September 16, 1861, transmitting a letter from
Agent Farnsworth of September 16, 1861, enclosing communications from
Senator Lane, Captain Price, and others, "relative to organizing the
Indians for the defense of the Government" [General Files, _Kansas,
1855-1862_, B774].

    Headquarters K.B. Ft. Lincoln, Aug. 22{d} 1861.

    To Indian Agents Sac and Foxes--Shawnees--Delawares--Kickapoos--
    Potawatomies--and Kaws--Tribes of Indians

    GENTS: For the defence of Kansas I have determined to use the loyal
    Indians of the Tribes above named. To this end I have appointed
    Augustus Wattles, Esq to confer with you and adopt such measures as
    will secure the early assembling of the Indians at this point.

    If you have the means within your control I would like to have you
    supply them when they march with a sufficient quantity of powder, lead
    & subsistence for their march to this place, where they will be fed by
    the Government.

    You can assure them for the Govt that they will not be marched out of
    Kansas without their consent--that they will be used only for the
    defence of Kansas.

    I enjoin each of you to be prompt and energetic that an early
    assembling of said Indians at this point may thereby be secured.

        J. H. LANE, Commanding Kansas Brigade.
          By ABRAM CUTLER, Acting assistant Adgt-Gen.

    The danger is imminent. Hordes of whites & half breeds in the Indian
    country are in arms driving out & killing Union men. They threaten to
    overrun Kansas and exterminate both whites & Indians. It it rumored
    that John Ross, the Cherokee Chief is likely to be overcome unless he
    is assisted.

    The Osages also need assistance. Gen. Lane intends to establish a
    strong Indian camp near the neutral lands as a guard to prevent forage
    into Kansas. He is very solicitous that you should come if possible
    with the Chiefs & see him at Ft. Lincoln on the Little Osage 10 miles
    south of Mound City.

    If you do come, please bring all the fighting men you can, of all
    Kinds. Men are needed.

    If you do not come, please authorise some responsible man to lead the
    Indians as far as Ft. Lincoln where Gen. Lane will receive them and
    give them a big war talk. Bring an interpreter. Expenses will be paid.

    Congress will undoubtedly make suitable acknowledgements to the Kaws,
    as an independent nation, for any valuable services which they may
    render....

    P.S. A Captain's wages will be given to any competent man whom you may
    appoint to take the lead of the band, provided there are fifty or
    more.--AUGUSTUS WATTLES to Major Farnsworth, dated Sac and Fox Agency,
    Kansas, August 25, 1861.

Wattles had evidently not yet heard of the Tahlequah mass-meeting. Postal
connections with Indian Territory were, of necessity, very poor. Dole had
recommended, May 29, 1861, to Secretary Smith a new postal route through
southwest Missouri or southern Kansas instead of the old route through
Arkansas [Indian Office, _Report Book_, no. 12, p. 170].

The Confederates were similarly embarrassed. On the twenty-seventh of May,
the postmaster at Fort Smith had complained to the postmaster-general J.
H. Reagan,

    Enclosed please find letter of G. B. Hester (a Choctaw who was made
    quarter-master and commissary in the First Choctaw Regiment and, in
    1865, "cotton agent for the Creek Indians who were at that time
    squatting in the Chickasaw Nation." See O'Beirne's _Leaders and
    Leading Men of the Indian Territory_) at Boggy Depot, C. N. You will
    see they are without mails in that country. For three weeks the mails
    for the Indian country have been accumulating in this office. I sent
    forward all the mail that could be packed on a single horse.... I
    cannot get men to carry the mail. They say they are afraid of being
    robbed or murdered.... Our neighbours, the Indians must suffer great
    inconvenience on account of the stoppage of mail facilities. All
    tribes are in favor of the South except the Cherokees. A little good
    talk would do them good, perhaps a little powder and lead might help
    the cause. Ross and his party are not to be relied on.--_Fort Smith
    Papers_.

Mayers wrote Reagan in a similar vein a month later, on June 26, 1861,

    Our mails throughout the Cherokee, Choctaw, Chickasaw & Creek nations
    have all been stopped by the old mail carriers....--_Ibid._

[447] On August 26, 1861, Wattles wrote Farnsworth from Lawrence,

    I wrote you a few days ago concerning the employment of the Indians in
    the defence of our frontier.

    The necessity seemed imperative. But on hearing that the Commissioner
    of Indian Affairs was in Kansas and will probably see you--I think it
    best to say nothing to the Indians till he is consulted in the matter.

    Gen. Lane has 60 miles of the Missouri border to guard, and an army of
    at least double his to hold in check, which employs all his force
    night & day.

    Besides this, he has the Indian frontier on the south of about 100
    miles. This he intends to intrust to the loyal Indians--I will add, if
    the Commissioner agrees to it.

The stay of execution was not of long duration, however; for, September
10, 1861, J. E. Prince sent Farnsworth from Fort Leavenworth a circular
requesting immediate enrollment and an estimate of the strength of the
loyal Indians.

[448] The conduct of Lane was presumptuous, arrogant, dictatorial; but he
had interfered in yet other ways in Indian concerns. He must have had
quite a hold, political or otherwise, over several of the agents and they
appealed to him in matters that ought, in the first instance, to have been
referred to the Indian Office and left there. Thus, in July, Agent F.
Johnson had approached Lane on the subject of having Charles Journeycake
appointed Delaware chief in place of Rock-a-to-wa deceased. Both Pomeroy
and Lane endorsed the appointment but it was unquestionably entirely out
of their province to do so. Tribal politics were assuredly no concern of
the Kansas delegation in Congress.

[449] Dole had gone to Kansas in the latter part of August "to submit in
person the amendments, made by the Senate at its last session, to the
Delaware treaty of May 30, 1860" [Commissioner of Indian Affairs,
_Report_, 1861, p. 11].

[450]

    I find here your letter to the Agent of the Delaware, requesting _Fall
    Leaf_ to organize a party of 50 men for the service of your
    Department. _Mr. Johnson_ the Agent called the tribe together before I
    arrived here, and found the Chiefs unwilling that their young men
    should enter the service as you desired. Since my arrival I have seen
    the Chiefs and stated to them that the Government was not asking them
    to enter the war as a tribe but that we wished to employ some of the
    tribe for Special Service and wished the Chiefs to make no objection.
    I could not however get their consent even to acquiesce in their men
    Volunteering for the service as you desired, & _Fall Leaf_ and several
    of the tribe are here and determined to tender you their Services,
    with my consent. I have advised them that they are at Liberty to join
    you if they choose. _Fall Leaf_ says he will be able to report at Fort
    Leavenworth in a very few days with twenty to twenty five men. Should
    you require more men, you will have probably to call on some other
    tribe. Those men who volunteer against the advice of their Chiefs
    should be particularly remembered by the Gov't.--DOLE to Frémont,
    dated Leavenworth City, September 13, 1861 [Indian Office, _Letter
    Book_, no. 66, p. 485].

[451] --_Ibid._

[452]

    I am instructed to acknowledge the receipt of your letter of the 13th
    inst., and to state that the Commanding General will accept with
    pleasure the services of Fall Leaf and his men.

    Other tribes will be applied to immediately. I have written to the
    same effect to Mr. Johnson, at the Deleware Agency.--JOHN R. HOWARD,
    captain and secretary, to William P. Dole, dated Headquarters, Western
    Department, at St. Louis, September 20, 1861 [General Files, _Central
    Superintendency, 1860-1862_].

[453] F. Johnson to Dole, June 6, 1862 [General Files, _Delaware,
1862-1866_].

[454] Dole to Captain Fall Leaf, November 22, 1863 [Indian Office, _Letter
Book_, no. 72, p. 109].

[455] Report to Dole, October 22, 1861 [Commissioner of Indian Affairs,
_Report_, 1861, p. 50]; Report to Dole, September 17, 1862 [Commissioner
of Indian Affairs, _Report_, 1862, p. 98].

[456]

    I send you a letter to _General Fremont open_ that you may read and
    understand its object. _Fall Leaf_ will call upon you probably this
    afternoon and receive from you such information as you see proper to
    give him. I am disinclined to encourage the Indians to engage in this
    war except in extreme cases, as guides. I have in this case used my
    influence in favor of the formation of this Company, without any
    knowledge of the views of Gov't, supposing Gen{l} Fremont was a
    special need of them or he would not have made the request....--DOLE
    to Captain Price, dated Leavenworth, September 13, 1861 [Indian
    Office, _Letter Book_, no. 66, pp. 485-486].

[457] Letter of August 15, 1861 [Commissioner of Indian Affairs, _Report_,
1861, p. 39].

[458] General Orders, no. 23 [_Official Records_, first ser., vol. iii,
539].

[459] Villard says, as early as 1856, rivalry had developed between
Robinson and Lane [_John Brown_, 108].

[460] Thomas to Frémont, October 14, 1861 [_Official Records_, first ser.,
vol. iii, 533].

[461] Lane to Lincoln, October 9, 1861 [_ibid._, 529].

[462] It would seem as if Lane were remotely responsible for the division
of the Western Department into the Department of Kansas and the Department
of Missouri. In his letter to President Lincoln of October 9, 1861, he
described the good work that his Kansas Brigade had done and asked that,
in order that it might be enabled to continue to do effective work, a new
military department be created, one that should group together Kansas,
Indian Territory, and so much of Arkansas and the territories as should be
advisable [_ibid._].

[463] Ross's Address to Drew's Regiment, December 19, 1861 [Commissioner
of Indian Affairs, _Report_, 1865, p. 355]; Letter of Albert Pike to D. N.
Cooley, February 17, 1866.

[464]

    "Chisholm" the well known interpreter has been sent to the Comanches,
    Creeks to the Osages--Matthews to the Senecas Quapaws &c.
    ...--ROBERTSON in a letter, dated St. Louis, September 30, 1861
    [General Files, _Southern Superintendency, 1859-1862_, R1615].

    ... In the fall of the same year Albert Pike called a General Council
    of the same tribes to meet at Talloqua and in order to secure their
    attendance stated that John Ross was to make a speech ... he sent Dorn
    late U. S. Indian Agent to notify the Osages, Quapaws Senecas &
    Shawnees that there was to be a Council at Talloqua and that Ross was
    going to talk at the same time to tell them that the U. S. Government
    was breaking up--that they would get no more money and that they were
    about to send an Army to take their Negroes and drive them from the
    country and pointed to Missouri in proof of it, when the Council met
    at Talloqua instead of Ross the council was opened by Pike who told
    them "We are here to protect our property and to save our
    Country."...--BAPTISTE PEORIA.

Baptiste Peoria, in the spring and summer of 1862, went around as a secret
agent of the United States government among the southern Indians finding
out their real sentiments respecting the war. The report from which the
above extract is taken is dated May 1, 1862, and is in General Files,
_Osage River, 1855-1862_, B1430.

[465]

    FORT SMITH, ARKANSAS, September 19{th} 1865.

    In a talk held at the rooms of the Commission, with Commissioners
    Sells and Parker, the following statement was this day voluntarily
    made by Shon-tah-sob-ba ("Black Dog") the Chief of the Black Dog band
    of the Osage Indians, relating to a treaty with the so-called
    Confederate States. In answer to a question by Commissioner Sells,
    "How did you happen to be in this Southern Country?" Shon-tah-sob-ba
    (Black Dog) replied "I am glad you have asked that question, for I
    wish to make some statements in explanation. We came down here upon
    the invitation of John Ross, Principal Chief of the Cherokee Nation,
    who sent us a letter asking us to attend a Council for the purpose of
    making a treaty with Albert Pike"--

    COMM{R} SELLS--Have you that letter now in your possession?

    ANSWER: We don't know where the letter is. It was sent to Clermont,
    whose son had it in his possession when he died & we suppose it was
    buried with him. But I have it here in my head & will never forget it.
    John Ross, the Cherokee Chief, said in that letter, "My Bros. the
    Osages, there is a distinguished gentleman sent by the Confederate
    States who is here to make treaties with us. He will soon be ready to
    treat, and I want you to come here in order that we may all treat
    together with him. My Brothers, there is a great black cloud coming
    from the North, about to cover us all, and I want you to come here so
    that we can counsel each other & drive away the black cloud." This is
    all that he said & signed his name. All the Osages went. We were all
    there together, Pike, John Ross and I, sitting as you are. Pike told
    us he was glad that we had come to make peace & a treaty. All your
    other brothers have made treaties & shook hands, & if _you_ want to,
    you can do so too. I will tell you what John Ross said at the time.
    John Ross told us, "My Red Bros. you have come here as I asked you & I
    am glad to see you & hope you will do what the Commissioner wants you
    to do. The talk the Commissioner has made is a good talk & I want you
    to listen to it & make friends with the Confederate States. You can
    make a treaty or not, but I advise you, as your older brother, to make
    a treaty with them. It is for your interest & your good." After he
    finished talking, John Ross told us we could consult among ourselves
    over there (pointing to our camp near his residence) & decide among
    ourselves. We consulted on the matter, & on the request of John Ross
    we signed the treaty. He asked us to do it. He was the man that made
    us make that treaty, and that's how we came to be away from our
    country.

    The above statement was endorsed by Wah-tah-in-gah, Chief Counselor of
    the Black Dog & Clermont bands of the Osage Indians.

    The above is a correct statement as interpreted.

        E. S. PARKER Com{r}      GEO. L. COOK Ass't Sec{y}.
        ELIJAH SELLS Com{r}

Papers relating to the Council at Fort Smith, September, 1865, _Indian
Office Files_.

[466] Commissioner of Indian Affairs, _Report_, 1865, pp. 353-354.

[467] These Creeks, of course, were the Upper Creeks, the anti-McIntosh
Creeks, the following of Opoeth-le-yo-ho-la. Some of the confidence that
Opoeth-le-yo-ho-la seems to have had in John Ross, in his discretion and
in his integrity, may have dated from the days when John Ross had refused,
as he must have refused, to share in the plan for a betrayal of his
country, at the instance of William McIntosh. The following document will
explain that circumstance:

    NEWTOWN 21th October 1823

    MY FRIEND: I am going to inform you a few lines as a friend. I want
    you to give me your opinion about the treaty wether the chiefs will be
    willing or not. If the chiefs feel disposed to let the United States
    have the land part of it, I want you to let me know. I will make the
    United States commissioner give you two thousand dollars, A. McCoy the
    same and Charles Hicks $3000 for present, and no body shall know it,
    and if you think the land wouldent sold, I will be satisfied. If the
    land should be sold, I will get you the amount before the treaty sign,
    and if you got any friend you want him to Receive it, they shall recd
    the same. nothing moore to inform you at present. I remain your
    affectionate Friend

        WM MCINTOSH

    John Ross--an answer return

    NB. the whole amount is $12000. you can divide among your friends.
    exclusive $7000.

This letter is on file in the United States Indian Office and bears the
following endorsement:

    rec{d} on the 23{rd} Oct. 1823.

        M{R} JOHN ROSS President _N. Committee_

    Letter from Wm McIntosh to Mr John Ross read & exposed in open Council
    in the presence of Wm McIntosh Oct 24{th} 1823

        J ROSS

[468] Letters to Dole, October 31, 1861 [Commissioner of Indian Affairs,
_Report_, 1861, p. 42] and November 2, 1861 [General Files, _Cherokee,
1859-1865_, J503].

[469] Commissioner of Indian Affairs, _Report_, 1865, pp. 353, 354.

[470] _Official Records_, fourth ser., vol. i, 669-687.

[471] --_Ibid._, 636-646.

[472] --_Ibid._, 659-666.

[473] --_Ibid._, 647-658.

[474] The Senecas of the mixed band of Senecas and Shawnees were not
originally parties to the treaty, but provision was duly made for their
becoming so.

[475] Ka-hi-ke-tung-ka for Clermont's Band, Pa-hiu-ska for White Hair's,
Shon-tas-sap-pe for Black Dog's, and Chi-sho-hung-ka for the Big Hill.

[476] For information concerning Washbourne [Washburne or Washburn] and
charges against him, see Dean to Manypenny, December 28, 1855, December
31, 1855 [Dean's _Letter Book_, Indian Office]; and Elias Rector to
Secretary Thompson, October 1, 1859 [Rector's _Letter Book_, Indian
Office]. Rector's letter was as follows:

    An important sense of my duty as Superintendent of Indian Affairs for
    the Southern Superintendency compells me to recommend, most earnestly,
    the immediate removal of the present incumbent of the Seminole Agency,

    The performance of this unpleasant duty is forced upon me by the
    following consideration,--

    1st The neglect of duty and disregard of the orders and Regulations of
    the Department in absenting himself repeatedly and for protracted
    periods, from his Agency without authority for so doing; to the
    prejudice of the public interests entrusted to him,--

    On this point I presume it is not necessary for me to enlarge, or to
    urge upon the Department my views of the paramount necessity of Indian
    Agents residing at their Agencies and being at all times present at
    their Stations as well to cultivate the respect and confidence, and a
    just knowledge of the character and wants of the people entrusted to
    their care, as to be in position to execute promptly the orders, and
    to promote the views of the Department,--

    2nd I consider him unworthy of the trust reposed in him from certain
    facts connected with the late payment of money to the Indians under
    his charge, which have come to my knowledge--

    Of the $90,000 recently paid to those Indians, appropriated by
    Congress expressly to pay such of them as should remove under the late
    Treaty; for their improvements and to assist in defraying their
    removal expences I have ascertained, and it is notorious, that
    thirteen thousand Dollars or more passed into the hands of Mr
    Washbourne, through Collusion with the principal Chiefs, $5000 of
    which he received under a private Contract with Senator Yulee of
    Florida for services in obtaining the consent of the Chiefs to the
    payment of thirty thousand dollars of this money to Senator Yulee on
    an old claim presented by him of long standing in behalf of one Gov
    Humphreys of Florida. The balance of the $13000 received by Mr
    Washbourne was probably awarded him in consideration of his permitting
    the Chiefs to appropriate certain portions of the money they paid over
    to them in trust for the legetimate claimants, to their own use and
    benefit,

    I have informed you in a late letter of the pains I took to make the
    Chiefs acquainted with the true object of the appropriations. Having
    been instructed to pay over the whole amount to the authorities of the
    Nation, this was all I could do in furtherance of the intentions of
    Congress; my efforts to accomplish which were thus frustrated by Mr
    Washbourne and his advances.--

    3d The breach of good faith in the Chiefs towards the Indians,
    prompted by Mr Washbourne in the distribution of this $90.000 as
    explained in my late letter, has incensed the Indians to such degree
    that bloodshed has been threatened and is seriously to be
    apprehended,--

    4th The influence of Mr Washbourne over the Chiefs acquired through
    his Collusion with them in this swindling the intended legal
    recipients of this money is such that, the Chiefs have intimated that
    they will not send a delegation to Florida unless Mr Washbourne shall
    accompany them, and I have reason to believe that in case he is not
    permited to accompany them, he is prepared to throw every obstacle in
    the way of the accomplishment of this, so much desired measure of the
    Government,

    The conduct of the Chiefs and their Agent in the distribution of the
    $90000 and the enclosed letter from Mr Jacoway U S Marshal of this
    District, whose acquaintance you have made, taken in connection with
    the declarations of the Chiefs, that they will not go without him (or
    that they desire that he should go with and have charge of them)
    justifies the apprehension that there is another scheme in embryo
    between them to perpetrate another swindle. Should circumstances
    favour its accomplishment; and if it is the intention of the
    Department to charge me with conducting the negotiations of a
    Delegation to Florida, I must decline the performance of this duty if
    one in whom I have so little confidence is permited to accompany the
    Delegation in the capacity of Agent; for I hesitate not to say, that
    if disappointed in his hopes of making a profitable employment of his
    influence he would exert himself to defeat any negotiations that might
    be set on foot, and there is good reason to fear that he might be
    successful,--

    For these reasons I beg leave respectfully to urge upon the Department
    the immediate removal of Mr Washbourne and the appointment in his
    stead of some gentleman who will perform the duties of the office with
    a high appreciation of the trust confided to him and with a view,
    rather to the honest discharge of this trust, than to his own profit,

    I make this communication direct to the Sec't of Interior instead of
    sending it through the Indian office for the reason that I learn that
    the Comr Ind Affrs is absent on official acct.

[477] Agent Elder to Coffin, September 30, 1861 [Commissioner of Indian
Affairs, _Report_, 1861, p. 37]; Coffin to Dole, October 2, 1861 [_ibid._,
p. 38]; Moore's _Rebellion Record_, vol. iii, 33.

[478] We the loyal Cherokee Delegation acknowledge the execution of the
treaty of Oct. 7, 1861. But we solemnly declare that the execution of the
Treaty was procured by the coercion of the rebel army [Land Files, _Indian
Talks, Councils, etc._, Box 4, 1865-1866].

[479] Hon. J. S. Phelps to C. B. Smith, dated Rolla, Mo., October 3, 1861
[General Files, _Cherokee, 1859-1865_, P44].

[480] A difference of opinion seems to exist as to the original object of
the organization of Drew's regiment. When Ross wrote his despatches to
McCulloch concerning the proceedings at Tahlequah, he sent them for
transmission to the C. S. A. quartermaster at Fort Smith, Major George W.
Clark, to whom he imparted the information that the Cherokees were going
to raise a regiment of mounted men immediately and place it under the
command of Colonel John Drew, "to meet any emergency that may arise."
"Having espoused," said he, "the cause of the Confederate States, we hope
to render efficient service in the protracted war which now threatens the
country, and to be treated with a liberality and confidence becoming the
Confederate States."--Moore's _Rebellion Record_, vol. iii, 155, Document
63-1/2.

Those, who afterwards wanted to put the Cherokee position in the best
possible light, declared repeatedly that Drew's regiment had no sectional
bias in the work mapped out for it, that it was nothing more than a home
guard. Writing to Dole, January 21, 1862, the Reverend Evan Jones said,

    A regiment of Cherokees was raised for home protection, composed of
    one company for each of eight Districts, and either two or three
    companies for the District of Tahlequah. But these were altogether
    separate and distinct from the rebel force.... The great majority of
    officers and men, in this case, being decidedly loyal Union men Four
    of the Captains and four hundred men, gave evidence of their loyalty,
    in the part they acted, at the battle in which Opothleyoholo was
    attacked by the Texan rangers & rebel Creeks & Choctaws, under
    Cooper....--General Files, _Cherokee, 1859-1865_, J556.

[481] Commissioner of Indian Affairs, _Report_, 1865, p. 355.

[482] Cooley's Report to President Johnson, February 25, 1866. This letter
was found in the loose files of the Indian Office and is not to be found
in Indian Office, _Report Book_, no. 15, where it would properly belong.

[483] Commissioner of Indian Affairs, _Report_, 1865, p. 321.

[484] Commissioner of Indian Affairs, _Report_, 1861, p. 35: Indian
Office, _Report Book_, no. 12, p. 176.

[485]

    Enclosed pleaz find a coppy of a Commission given by General Lane to
    E. H. Carruth together with coppies of Letters sent by him to the
    various Tribes in the Indian Territory. I had an interview with Mr.
    Carruth yesterday. I find him a very Inteligent man and thougherly
    posted as to all matters relating to the Southern Indians he is very
    confident that most if not all the Southern Indians written to will
    Send deligations to Fort Scott as requested there ware three Creek
    Indians came up to se General Lane who came to Iola for Caruthe to go
    with them to General Lane which he did and they ware the barers of
    letters of which the enclosed are coppies. I am going to Fort Scott
    today and will make arrangements with Agent Elder to give the notice
    imediately on their arrival or Bring them to Humboldt. I shall try to
    secure the assistance of Mr. Caruthe tho he is now a voluntear in the
    Home Guards for protection. I very much feer the service required of
    me at the Sacks & Fox and Kaw agencies will take me to far off but
    will try to attend to all if possible--General Files, _Southern
    Superintendency, 1859-1862_, C1348.

[486] Manypenny to Dean, April 9, 1855 [Indian Office, _Letter Book_, no.
51, pp. 232-233].

[487] Extract from commission, dated Fort Scott, August 30, 1861, issued
to Carruth by authority of J. H. Lane, Commanding the Kansas Brigade
[_ibid._].

[488] Commissioner of Indian Affairs, _Report_, 1865, p. 328.

[489] The loyal Creeks testified, in 1865, that they sent their "chief"
and others to Washington and leave the reader to infer that the chief
meant was "Sands;" but the accredited delegates were most certainly Mik-ko
Hut-kee, Bob Deer, and Jo Ellis. These three men signed their names, or
rather attached their mark, to an address to the president of which the
following is a certified copy:

    SHAWNEE AGENCY, LEXINGTON, September 18, 1861.

    Sir, we the Chiefs, Head Men, and Warriors, of the Creek Nation of
    Indians, in the Indian Territory, through our delegates, the
    undersigned desire to state to your excellency the condition of our
    people. Owing to the want of correct information as to condition of
    the Country and Government our people are in great distress. Men have
    come among us, who claim to represent a New Government, who tell us
    that the Government represented by Our Great Father at Washington, has
    turned against us and intends to drive us from our homes and take away
    our property, they tell us that we have nothing to hope from our old
    Father and that all the Friends of the Indian have joined the New
    Government. And that the New Government is ready to make treaties with
    the Indians and do all and more for them than they can claim under
    their old treaties. they ask us to join their armies and help sustain
    the Government that is willing to do so much for us. But we doubted
    their statements and promises and went to talk with the Agent and
    Superintendent which Our father has always kept among us but they were
    both gone and then some of our people began to think that Our Great
    Father had forsaken us and a very few joined the Army of the New
    Government and our people were in great trouble and we called a Grand
    Council of the Chiefs of Creeks, Cherokees, Chickasaws, Shawnees,
    Senecas, Quapaws, Kickapoos, Delawares, Weas, Peankeshaws, Witchetaws
    Tribes and bands of Comanches, Seminoles, and Cadoes. And after a long
    discussion of the source of their troubles, decided to remain loyal to
    our Government and if possible neutral. The Chiefs went among their
    people (and as a general thing) counteracted the influence of the
    emissaries of the New Government. But these emissaries are still among
    us giving us great trouble, while our Government has no one who can
    officially represent itself. And we most earnestly ask that some
    person shall be sent here who shall meet the Chiefs of the above
    mentioned tribes in Council at some suitable place, and then make
    known to them the condition, policy and wishes of the Government so
    far as the interests of the Indians are concerned. If your Excellency
    should deem it best to comply with our request, we would suggest that
    Humboldt Allen County Kansas be the place for holding the Council. A
    notice sent to the Agent of the Shawnees, will immediately be
    forwarded by a messinger to the Chiefs. Very Respectfully, your
    Obedient Servants

        WHITE CHIEF X his mark
        BOBB DEER X his mark
        JOSEPH ELLIS X his mark Interpreter

    P.S. The Choctaws were not present at the Council and we have reason
    to feer that they have gone with the Southern Confederacy. It will
    take near forty days to notify the Chiefs and get them together after
    the notice gets at this place.

        WHITE CHIEF X his mark

[490] They also saw Agent Abbot [Commissioner of Indian Affairs, _Report_,
1865, p. 330] and received new assurances from him.

[491] Perchance the same letter, either the original or a copy of which,
Superintendent Branch transmitted to Dole along with an explanatory letter
from Agent Abbott. The "talk" of the Creek chiefs was accompanied by a
sort of Seminole and Chickasaw endorsement. Dole replied to the Creek and
Seminole delegate appeals, November 16, 1861 [Indian Office, _Letter
Book_, no. 67, pp. 78-79]. This is what the Creek chiefs said:

    CREEK NAT. Aug 15, 1861.

    Now I write to the President our Great Father who removed us to our
    present homes, & made a treaty, and you said that in our new homes we
    should be defended from all interference from any people and that no
    white people in the whole world should ever molest us unless they come
    from the sky but the land should be ours as long as grass grew or
    waters run, and should we be injured by anybody you would come with
    your soldiers & punish them, but now the wolf has come, men who are
    strangers tread our soil, our children are frightened & the mothers
    cannot sleep for fear. This is our situation now. When we made our
    Treaty at Washington you assured us that our children should laugh
    around our houses without fear, & we believed you. Then our Great
    Father was strong. And now we raise our hands to him we want his help
    to keep off the intruder & make our homes again happy as they used to
    be....

    I was at Washington when you treated with us, and now White People are
    trying take our people away to fight against us and you. I am alive. I
    well remember the treaty. My ears are open & my memory is good. This
    is the letter of Your Children by

        OPOTHLEHOYOLA
        OUKTAHNASERHARJO

    The Seminoles also send the same word & the full Indians of the
    Chickasaws too send to the  P--

The reply to this letter was made by Dole, November 56, 1862. See Indian
Office, _Letter Book_, no. 67, pp. 79-80.

    Pascofar the chief of Seminoles was present, he was not able to come
    with us now but sent word. And if our Great Father want us we will
    come to see him.

        MICEO HULKA     JO ELLIS
        ROB DEER

General Files, _Creek, 1860-1869_, B787.

[492]

    There is a delegation of the Creeks now at Gen'l Lanes Head Quarters.

    We wish to see delegations from the tribes loyal to the U. S.
    Government. You will send us a delegation who will report to the Head
    Quarters of the Kansas Brigade where commissioners of the Government
    will meet and confer with them.

    You are probably aware of the falsehoods resorted to by the enemies of
    the U. S. to induce the Indians to withdraw their allegiance from the
    Government. Could you come in person it would be grattifying to the
    Commissioners.--Letter of September 11, 1861 [General Files, _Southern
    Superintendency, 1859-1862_, C1348].

[493]

    Your letter by Micco Hutka is received. You will send a delegation of
    your best men to meet the Commissioners of the United States
    Government in Kansas.

    I am authorized to inform you that the President will not forget you.
    Our armies will soon go south and those of your people who are true
    and loyal to the Government will be treated as friends--Your rights &
    property will be respected. The Commissioners from the Confederate
    States have deceived you they have two tongues.

    They wanted to get the Indians to fight and they will rob and plunder
    you if they can get you into trouble. But the President is stil alive
    his soldiers will soon drive these men who have treacherously violated
    your homes from the land they have entered. When your Delegates Return
    to you they will be able to inform you when and where your monies will
    be paid those who stole your orphan funds will be punished and you
    will learn that the people who are tru to the Government which has so
    long protected you are your Friends.--Letter to Opoth-le-ho-yo-ho,
    Ho-so-tau-hah-sas Hayo, dated Barnesville, September 11,
    1861.--General Files, _Southern Superintendency, 1859-1862_, C1348.

The author's opinion is that the mistakes in spelling were made by the
illiterate Coffin, who probably made a copy of Carruth's letters for
transmission to the Indian Office. He may also have made a slight
alteration in the date of the letter to the Creeks; for the original of
the letter, bearing the date of September 10, 1861, was found in
Opoeth-le-yo-ho-la's camp after the Battle of Chustenahlah, December 26,
1861 [_Official Records_, first ser., vol. viii, 25].

[494] _Official Records_, first ser., vol. viii, 26.

[495] In his letter to the Seminole chiefs and headmen, Carruth reminds
them that he was with them when letters came from Pike and that Pike "is
the man who has tried so hard to get your lands sectionalized" and asks,
"who brought up a bill in Congress to bring your tribes under Territorial
laws, Johnson of Arkansas...."

[496] --_Ibid._, 26.

[497] Coffin to Dole, October 2, 1861 [Commissioner of Indian Affairs,
_Report_, 1861, pp. 38-39].

[498] Evan Jones wrote, October 31, 1861 [Commissioner of Indian Affairs,
_Report_, 1861, pp. 41-43] that he had found it impossible to get anyone
who would undertake to carry a message to John Ross. The risk was too
great.

[499] Dole to Hunter, November 16, 1861 [_ibid._, p. 44].

[500]

    On consultation with Gen'l Jas. H. Lane he thinks an auxiliary
    Regiment of Indians are necessary to the service and could be used to
    great advantage in this department. If it meets with your approbation
    I would like and ask the privilege of Raising such Regt which I think
    I could do in thirty days. I have made my estimate of the number of
    men which I think would be furnished by each tribe as follows

        Iowas & Kickapoos             225
        Delawares                     125
        Potawatomies                  250
        Shawnees, Miamies, & Weas     100
        Sacks & Foxes                 250
        Senecas & Wyandotts           125
                                     ----
                                     1075

    This will be laid before you by Gen{l} Lane in person I hope it will
    meet with your approval and that you will grant the permission to
    raise the Regt and if necessary I have no doubt but a Brigade of
    Indians could be organized by embracing the Osages and Loyal Creeks
    and Cherokees.--Letter of October 10, 1861 [General Files, _Delaware,
    1855-1861_].

[501] _Official Records_, first ser., vol. iii, 553.

[502] I am not certain of the exact date of Lane's departure for
Washington. Spring says [_Kansas_, 279] that he went there in November.
When an Indian delegation reached Fort Scott, seeking him, some time about
the middle of the month, he had already handed over his command to Colonel
James Montgomery and "had gone to Washington" [Cutler to Coffin, September
30, 1862, Commissioner of Indian Affairs, _Report_, 1862, p. 138]. Yet
Dole's letter to General Hunter would convey the impression that Lane was
still in Kansas the middle of the month and expected to be there on the
twenty-fourth. I am also in doubt as to when Hunter reached his post. He
communicated with Agent Cutler from St. Louis, November 20, 1861 [_ibid._,
1861, p. 44]. Hunter and Lane may very well have met even outside of
Kansas and have exchanged views and opinions that would have given a basis
for the representations that Lane must have made to Lincoln and Cameron
regarding Hunter's approval of the "Jayhawking Brigade." McClellan seems
to have advised the forward movement in the direction of the Indian
Territory; for he says, when writing to Hunter, December 11, 1861
[_Official Records_, first ser., vol. viii, 428]:

    Immediately after you were assigned to your present department I
    requested the Adjutant-General to inform you that it was deemed
    expedient to organize an expedition under your command to secure the
    Indian territory west of Arkansas, as well as to make a descent upon
    Northern Texas, in connection with one to strike at Western Texas from
    the Gulf. The general was to invite your prompt attention to this
    subject, and to ask you to indicate the necessary force and means for
    the undertaking.

It is only fair to say that Lane had always advocated a more southern
concentration of forces. He more than any other northern man seems to have
appreciated fully the importance of Indian Territory. He continually
recommended using Fort Scott as a base for such military operations as had
the protection of Kansas as their main object.

[503] Hunter to Thomas, dated Leavenworth, January 15, 1862 [General
Files, _Southern Superintendency, 1859-1862_].

[504] In January, 1862, Hunter deplored the fact that his request had not
been acceded to and said,

    Had this permission been promptly granted, I have every reason to
    believe that the present disastrous state of affairs, in the Indian
    country west of Arkansas, could have been avoided. I now again
    respectfully repeat my request--_Ibid._

[505] Dole to Hunter, November 16, 1861 [Indian Office, _Letter Book_, no.
67, PP. 80-82; Commissioner of Indian Affairs, _Report_, 1861, pp. 43-44].

[506] Lane's proposed conference called for the assembling of
representatives of Kansas tribes as well as of Indian Territory tribes.
Judging from Hunter's letter to Agent Cutler of November 20, 1861
[Commissioner of Indian Affairs, _Report_, 1861, pp. 44-45], I infer that
Hunter's conference was to be confined to the southern Indians. The
purpose of Lane's must have been represented to the Kansas Indians as
Creek needs [Shawnee "talk" to the Creeks, November 15, 1861, _ibid._, p.
45]. Hunter intended to hold his conference at his headquarters, Fort
Leavenworth, which was making the southern Indians come a pretty long way
[Hunter to Cutler, November 20, 1861, _ibid._, p. 44; Dole to Cutler,
December 3, 1861, Indian Office, _Letter Book_, no. 67, p. 107].

[507] _Official Records_, first ser., vol. iii, 567.

[508] Major-general H. W. Halleck was to command the sister department of
Missouri.

[509] _Abraham Lincoln_, vol. v, 81-82.

[510]

    I earnestly request and recommend the establishment of a new military
    department, to be composed of Kansas, the Indian country, and so much
    of Arkansas and the Territories as may be thought advisable to include
    therein.--LANE to Lincoln, dated Leavenworth City, Kansas, October 9,
    1861 [_Official Records_, first ser., vol. iii, 529].

[511] By the end of July, the First Regiment of Choctaw and Chickasaw
Mounted Rifles had been completely organized [_Official Records_, first
ser., vol. iii, 620, 624] and eight companies of a prospective Creek
regiment [_ibid._, 624]. By October twenty-second, when McCulloch ordered
him [_ibid._, 721] to take up a position in the Cherokee Neutral Lands,
Stand Watie's battalion had apparently reached the proportions of a
regiment, the First Cherokee Mounted Rifles. On the twenty-seventh of
November, Pike who was then in Richmond informed Benjamin,

    We have now in the service four regiments, numbering in all some 3,500
    men, besides the Seminole troops and other detached companies,
    increasing the number to over 4,000. An additional regiment has been
    offered by the Choctaws and another can be raised among the Creeks. If
    I have the authority I can enlist even the malcontents among that
    people. I can place in the field (arms being supplied) 7,500 Indian
    troops, not counting the Comanches and Osages, whom I would only
    employ in case of an invasion of the Indian country....--_Official
    Records_, first ser., vol. viii, 697.

A supposed report of Agent Garrett, sent to the United States Indian
Office under the following endorsement, is not without interest as bearing
upon the strength of the Confederacy within the Indian country:

    The copy of a letter herewith, is without signature, but is said to be
    in the handwriting of the late Col. Garret, who at that date, was U.
    S. Indian Agent of the Creeks. It is not of much importance, but yet,
    as historical and statistical, is nor without some interest. I
    obtained it a few weeks ago, found among other papers at the Agency,
    and I presume is a retained copy of the original.


    CREEK AGENCY C. N. Dec. 16th 1861.

    SIR: I have the honor to acknowledge the receipt of your letter of the
    2d ultimo, requiring certain information from me in regard to the
    number of Creek Indians; and their relations or feelings towards the
    Confederate States. Owing to the great irregularity of the mails, I
    did not receive your communication as soon as I ought. The difficulty
    at the time I received your letter in regard to answering it properly,
    caused me to delay a few days, so that I might answer it definitely.
    Incidental to the confusion here, I could not state to you who were
    reliable, and who were not, for I did not know myself, and believing
    that a battle would be fought in a few days where every one would have
    to show his hand, I thought I could give you more reliable
    information: and from the valor and fidelity of the Creeks engaged
    then I can give you reliable information.

    The Creeks number in all 14630, a portion of whom reside in Alabama,
    Texas and Missouri, leaving about 13000 within the limits of the Creek
    Nation:--From the best information I can get, there are among the
    lower Creeks 1650 warriors, 375 of them are unfriendly--Among the
    Upper Creeks there are 1600 warriors--only 400 of them are
    friendly--to sum up the whole matter there are 1675 Creek warriors
    friendly to the Confederate States and 1575 unfriendly--Of those
    friendly there are in the service of the Confederate States 1375--One
    Regiment is commanded by Col. Chilly McIntosh, numbering 400--and an
    independent company commanded by Capt. J. M. C. Smith numbering 75
    men, all in the service, and armed with a very few exceptions, and I
    think from recent indications are willing to do service wherever
    ordered, and circumstances justify it.

    The Regiment, Battalion and Company were all mustered into service for
    twelve months. This comprises nearly all the friendly warriors in the
    Nation. I cannot answer you in regard to the number that are willing
    to serve during the war. My opinion is, though, that the number now in
    the service, and perhaps more, are willing to remain in the service as
    long as they may be wanted. The Hostiles are headed by Ho path ye ho
    lo who has engaged in his cause portions of several tribes viz a
    portion of the Seminoles, Kickapoos, Shawnees, Delawares, Wichitas,
    Comanches, and Cherokees--400 of whom deserted a few days before the
    recent battle from Col. John Drews Regiment Cherokee Volunteers and
    joined Hopathyeholo who is in communication with the federal forces in
    Kansas, and has received goods and ammunition from them: His force is
    estimated from 2500 to 3000--I would give you a more detailed account
    of the battle, but I do nor think it proper in this communication and
    I presume the commanding officer Col. Cooper has made his report of
    the Battle to the Secretary of War--I may be mistaken to some extent,
    in regard to the friendly and hostile Creeks, but I think I am not,
    and it is correct from the best information I can get, and my own
    knowledge of the facts. It will afford me much pleasure, to
    communicate to you at any time anything of importance to the
    Confederate States. Very Respectfully Your Obt Servt.

        Hon. David Hubbard, Com. Indian Affairs
          Richmond Va.

[512] Therein lay the whole difficulty. It was simply impossible for the
Confederate government to honor all requisitions for arms.

[513] The matter must have been even earlier under advisement; for, on the
twenty-sixth of October, J. P. Benjamin, Acting Secretary of War, sent
this notion to "General Albert Pike, Little Rock, Ark.:"

    I cannot assign to your command any Arkansas troops at this moment.
    Governor Rector is applying for return of the regiments in
    Tennessee.--_Official Records_, first ser., vol. iii, 727.

[514] --_Ibid._, vol. viii, 690.

[515] _Daily State Journal_ (Little Rock), Nov. 8, 1861.

[516] Colonel D. H. Cooper's "Report" [_Official Records_, first ser.,
vol. viii, 5].

[517] Colonel D. H. Cooper's "Report" [_Official Records_, first ser.,
vol. viii, 7, 709].

[518] Commissioner of Indian Affairs, _Report_, 1865, pp. 355-357.

[519] Extract from John Ross's address to Drew's regiment [Commissioner of
Indian Affairs, _Report_, 1865, p. 356].

[520] Commissioner of Indian Affairs, _Report_, 1865, p. 357.

[521] --_Ibid._

[522] McIntosh, at the time, was in charge of McCulloch's brigade,
McCulloch having gone to Richmond to explain to the authorities there why
he had persistently laid himself open to the charge of refusing to
coöperate with Sterling Price in his many Missouri ventures, planned
subsequent to the Battle of Wilson's Creek. McCulloch's orders from the
Confederate War Department were that he should guard the Indian Territory.
Price's great idea was to occupy the Missouri River country. Had McCulloch
gone northward with Price, he would, as he ably argued, have removed
himself altogether from his base.

[523] _Official Records_, first ser., vol. viii, 11.

[524] --_Ibid._, 22.

[525] _Official Records_, first ser., vol. viii, 23-24.

[526] Commissioner of Indian Affairs, _Report_, 1862, p. 136.

[527] The agents were, George A. Cutler, Creek, Charles W. Chatterton,
Cherokee, Isaac Coleman, Choctaw and Chickasaw, G. C. Snow, Seminole, and
Peter P. Elder, Neosho River. Agent Elder did not report for duty.

[528] The Indian agents usually referred to it as "Fort Roe" but the
military men, with a few possible exceptions, when meaning identically the
same locality, spoke of "Roe's Fork." There is no such place as Fort Roe
given in the _Lists of Military Posts, etc., established in the United
States from its earliest settlement to the present time_, published by the
United States War Department, 1902. That list, however, is far from being
complete.

[529] Commissioner of Indian Affairs, _Report_, 1862, p. 138.

[530]

    In compliance with instructions from Major-General Hunter, contained
    in your order of the 22d. ultimo, I left this place on the 22d. and
    proceeded to Burlington, where I learned that the principal part of
    the friendly Indians were congregated, and encamped on the Verdigris
    river, near a place called Roe's Fork, from twelve to fifteen miles
    south of the town of Belmont. I proceeded there without delay. By a
    census of the tribes taken a few days before my arrival, there was
    found to be of the Creeks, 3,168; slaves of the Creeks, 53; free
    negroes, members of the tribe, 38; Seminoles, 777; Quapaws, 136;
    Cherokees, 50; Chickasaws, 31; some few Kickapoos and other tribes,
    about 4,500 in all. But the number was being constantly augmented by
    the daily arrival of other camps and families....--A. B. CAMPBELL,
    surgeon, U. S. A., to James K. Barnes, surgeon, U. S. A., medical
    director, Department of Kansas, dated Fort Leavenworth, February 5,
    1862.

[531] These were purchased by Coffin, acting under the advice of Hunter
[Dole to Smith, June 5, 1862, Indian Office, _Report Book_, no. 12, pp.
392-396].

[532] Extracts from Agent Cutler's _Report_, September 30, 1862. Various
reports, more or less detailed, descriptive of the intense sufferings of
Indian refugees in the first weeks of their sojourn in Kansas may be found
in the _Annual Report_ of the Commissioner of Indian Affairs for 1862, pp.
135-175. Those of Turner, Campbell, Cutler, and George W. Collamore are
particularly good. Some of the reports originally accompanied Dole's
_Report_ of June 5, 1862 [Indian Office, _Report Book_, no. 12, pp.
392-396; Commissioner of Indian Affairs, _Report_, 1862, pp. 147-149;
House _Executive Documents_, 37th congress, second session, vol. x, no.
132], which was prepared in answer to a House resolution, calling for
information on the southern refugee Indians.

Collamore's _Report_ of April 21, 1862 is to be found in manuscript form
in General Files, _Southern Superintendency, 1859-1862_, C1602. Another
report, most excellent in character, issued from the pen of special agent,
William Kile, February 21, 1862. It is in Land Files, _Southern
Superintendency, 1855-1870_, K107. There are also a few good accounts of
the Creek exodus of 1861. One of them is a sworn statement, presented by
Holmes Colbert in a letter, dated March 25, 1868, and authoritatively
cited by Mix in an office letter to Secretary Browning, June 8, 1868
[Indian Office, _Report Book_, no. 17, p. 308].

Another account came from John T. Cox to W. G. Coffin under date of March
28, 1864, and, while not in the least detailed, is worth quoting because
of its tribute of respect to the loyal Indians. It runs thus:

    Herewith I enclose a map of the route of retreat of the early Loyal
    Refugee Indians, under Apoth yo-ho-lo, in the Winter of 1861.

    With the facilities within my reach, for obtaining facts connected
    with that remarkable exodus, I am fully warrented in saying, that the
    history of the War does not furnish a parallel of patriotic devotion
    to the Union.

    The Rebels had managed so adroitly during the administration of
    Buchanan, as to secure the appointment of, or favor of every
    Government Official, or Employee, within the limits of the South
    Indian Country, all sources of information were corrupted or poisoned.
    Postmasters deplored the fall of the Old Government, as already taken
    place, Indian Agents, and all others holding business relations with
    the several tribes, used every means in their power to discourage them
    and destroy their confidence in the Old Government, resorting to the
    grossest Misrepresentations, Bribery of Chiefs, Headmen, &c.,
    Malfeasance and Robbery--Military Posts, Government Stores, Ordnance
    &c. &c. were surrendered or abandoned under color of the most dire
    military necessity, and the apparent tardiness of the Old Government
    to render them timely assistance, or in any way counteract those
    influences, left them without counsel, and without friends, and
    implied a total abandonment of the Indians. Yet under all the
    discouraging surroundings a large portion of the Creeks, Cherokees,
    Seminoles and others maintained their loyalty. The Chickasaws were
    divided in their Councils, and the Choctaws went over almost entirely
    to the Rebel Government.

    In the month of March 1861, international councils were held, first at
    the Creek Agency, next at North Fork, without affecting very
    materially the fidelity of the Indians. But in the latter part of
    April, the Choctaws and Chickasaws gave in full adhesion to the
    Confederate Government. The remaining tribes were alternating between
    the Counsels of Apoth-yo-ho-lo, McDaniel and others on the one hand,
    and a swarm of Rebel Commissioners on the other.

    The Rebel Government was pushing forward the organization of Indian
    Regiments, under the McIntoshes, Stan Watie, Adair, Jumper, Smith and
    others, while the Conservative element, forming a Cherokee Regiment
    under Col. Drew, for armed neutrality, but in truth loyal to the
    Union, while Apoth-yo-ho-lo headed the hostiles, as they were termed
    by the Rebels.

    In a Report dated Creek Agency C. N. Dec. 16th., 1861, addressed to
    the Hon. David Hubbard, Commissioner of Indian Affairs, Richmond, Va.,
    the Creek Agent, Col. Garrett says, See Copy marked "A" (Garrett's
    report to Hubbard appears in another connection in the present work.
    It seems to have come into the Indian Office from two independent
    sources). I have noted this to show the attitude of the several tribes
    at the beginning of the Rebellion.

    The principal object of this report is to call attention to the real
    claims of the Indians upon the Government, not only to sympathy, but
    compensation for services from the time they abandoned their homes and
    all they possessed, and took up arms in support of the Government.

    Although they claim nothing of the kind, yet the moral effect of such
    a tangible recognition of their early services, would insure fidelity
    of all other tribes against any other future rebellion or disaffection
    against our Government.

    The history of their destitution, and terrible sufferings in their
    pilgrimage of three hundred miles in mid-winter, is familiar to you
    and not necessary here to relate [General Files, _Southern
    Superintendency, 1863-1864_, C824].

[533] Others had reached that decision likewise. On the tenth of December,
McClellan had written to Halleck, "I shall send troops to Hunter to enable
him to move into the Indian Territory west of Arkansas and upon Northern
Texas. That movement should relieve you very materially"--_Official
Records_, first ser., vol. viii, 419. See also the letter of December 11,
1861 [_ibid._, 428].

[534] It was to this delegation, I have no doubt, that the Shawnees sent
their note of encouragement. It bears date November 15, 1861 and was
issued from the Shawnee Agency, Johnson County, Kansas. Its inspiring
passages are these:

    Brothers, hold fast to the Union! Hold to your treaties! And now call
    upon the United States government to fulfill their treaty stipulations
    with you by protecting you in this your time of need, and save your
    country to you first, and then, by so doing, save the whole of the
    Indian country to the Union.

    ... And now our advice to you is, go immediately to Washington City,
    lay your case before President Lincoln, state everything, and we
    assure you that he will protect you, and that immediately; we think
    that delay on your part will be ruinous to your people; we believe
    that your agent ought to conduct you there. Put your confidence only
    in the Union and you will be safe....--Commissioner of Indian Affairs,
    _Report_, 1861, p. 45.

[535] Report of Agent Cutler, September 30, 1862 [Commissioner of Indian
Affairs, _Report_, 1862, p. 138].

[536] Montgomery to Lincoln, November 19, 1861 [_ibid._, 1861, p. 461].

[537] Hunter to Dole, December 1, 1861 [Commissioner of Indian Affairs,
_Report_, 1861, p. 49].

[538] Note that Hunter, when writing to McClellan, December 19, 1861
[_Official Records_, first ser., vol. viii, 450], professed that, previous
to the receipt of McClellan's letter of the eleventh, he had not known
that it was expected of him that he should undertake an expedition for the
defense of Indian Territory. He declared that Thomas' communication of
November twenty-sixth, touching the matter, had been vague in the extreme.

[539] Extract from letter of Carruth to Hunter, November 26, 1861
[Commissioner of Indian Affairs, _Report_, 1861, p. 49].

[540] It seems a little surprising that they did depart from Fort
Leavenworth in such good spirits; for, while there, they surely must have
heard rumors of the final attack upon Opoeth-le-yo-ho-la. Agent Cutler
tells us that he heard of the exodus a few days after his return to Kansas
with the delegation. He had then left Leavenworth, however, for he says
farther on in his letter that he went back there to confer with Coffin as
to what should be done.

[541] Extract from letter of Coffin to Dole, December 28, 1861 [General
Files, _Southern Superintendency, 1859-1862_].

[542] See letter of Mix to F. Johnson at the Delaware Agency, Quindaro,
Kansas, dated January 22, 1862, acknowledging Johnson's letter of January
fourth, which enclosed

    A copy of the reply of the Delaware Chiefs in Council to the letter of
    the Creek Chief O-poeth-lo-yo-ho-la, inviting their coöperation
    against the rebel States....--Indian Office, _Letter Book_, no. 67,
    pp. 271-272.

[543]

    On the 1st inst., I mailed you the letter of Opoth-la-yar-ho-la
    Muscogee Chief to the Delawares asking for men and ammunition. On the
    2nd inst. the Delaware chiefs in Council returned the following letter
    in answer to Opoth-la-ho-la....--F. JOHNSON to Dole, dated Quindaro,
    Kansas, January 4, 1862 [General Files, _Delaware, 1862-1866_, J543].

[544]

    John Connor, Head Chief, Ne-con-he-con, Sur-cox-ie, Chas. Journeycake,
    Assistant Chiefs, to Oputh-la-yar-ho-la, Muscogee Chief Warrior and
    our loyal Grand Children dated Delaware Nation, Kansas Jan. 3rd 1861.

[545] James McDaniel seems to have been a Cherokee. On April 2, 1862,
Agent Johnson reported to Dole that forty-one Delaware Indians had
returned destitute from the Cherokee country and that he had given them
assistance and also "a refugee Cherokee chief, James McDaniel." This idea
is further borne out by the following letter:

    Office of U. S. Agent for Cherokees
      Tahlequah, Ind. Ter. April 7, 1873

    HON. H. R. CLUM, Acting Commissioner of Indian Affs

    SIR: I beg leave to call your attention to the fact that in the fall
    and winter of 1861 Opothleyoholo a Creek and James McDaniel a Cherokee
    placed themselves at the head of the loyal Creeks, Seminoles,
    Cherokees & others. Unsustained by any U. S. forces they gathered on
    Bird Creek, in this Nation, to resist rebel conscription into their
    army. They tried to avoid a fight, to make their way peacably to the
    union army in Kansas, by a far western route. But Gen. Douglas H.
    Coopper, & Gen. Stand Watie, with troops from Texas, & Arkansas, &
    with rebel Cherokees, Creeks, Choctaws &c pressed upon them, &
    attempted to bring them into subjection to the Southern Confederacy.
    They adhered to their loyalty. Fought the rebel forces in three or
    four battles. At first vanquishing the rebel forces, but finally were
    overcome, & compelled to flee to Kansas in mid-winter, with women &
    children. In Kansas these men were organized into regiments, & on
    arriving in the Cherokee Nation were largely reinforced by their
    friends here, & in the Creek & Seminole Nations.

    I have made this statement so that you may see the situation in which
    these men are placed, & judge intelligently.

    _Now I wish to know if men wounded in those engagements, under
    Opothleyoholo & James McDaniel, while fighting against the rebels, &
    the widows of those who were killed, & those who were otherwise
    disabled in those fights, & in the subsequent flight, are entitled to
    the benefits of pension laws. Can they be pensioned under existing
    laws?_

    If not, can you, through the Secretary of the Interior, prevail on the
    President to have the matter presented to the next Congress, with a
    view to having these persons placed on the rolls of the pension
    office. I need say nothing of the propriety of the Government
    rewarding as far as possible, such acts of loyalty & voluntary
    fighting for the Government by full blood Indians--when all the
    influence & power of faithless Indian Agents, & Superintendants, & the
    Southern army from Texas & Arkansas, & the more wealthy & educated
    mixed blood Indians, were arrayed against them. It should be rewarded,
    as far [as] practicable, as an incentive to like faithfulness in any
    emergency that may arise in the future. I have the honor to be Very
    Respectfully Your Obdt. Servant

        JOHN B. JONES, U. S. Agent for Cherokees

[546] _Official Records_, first ser., vol. viii, 576.

[547]

    WASHINGTON, D. C. January 3, 1862.

    MAJOR-GENERAL HUNTER, Commanding Kansas Department:

    It is the intention of the Government to order me to report to you for
    an active winter's campaign. They have ordered General Denver to
    another department. They have ordered to report to you eight regiments
    cavalry, three of infantry, and three batteries, in addition to your
    present force. They have also ordered you, in conjunction with the
    Indian Department, to organize 4,000 Indians. Mr. Doles, Commissioner,
    will come out with me.

        J. H. LANE.

_Official Records_, first ser., vol. viii, 482.

[548]

    It being the intention of the Gov't of the United States to take into
    its military service 4000 Indians from the borders of Kansas and
    Missouri, to be organized under Major Gen{l} Hunter, you are hereby
    made acquainted therewith. The different Agents in your
    superintendency will be instructed direct from this Office to use
    their best endeavors to engage the above number of Indians, taking
    care that those so engaged are capable of good service and are well
    affected towards this Government.

    All the operations in this behalf should be conducted with dispatch
    and as much secrecy as the nature of the measure will admit of.

    I understand that the Government proposes to equalize the pay of these
    Indian volunteers with that of other volunteers, but giving the chiefs
    an additional compensation. Each man will receive a blanket, and those
    not having arms of their own will be provided by the Government. Their
    subsistence will be the same as that provided in Revised Regulations
    No. 5, Section 39 of this Bureau, or the army subsistence, whatever
    that may be. Where any of the Indians, thus engaged, shall die or be
    killed whilst in service, their pay will be given over to their
    families--Indian Office, _Letter Book_, no. 67, pp. 211-212.

[549] --_Ibid._, 215-216.

[550] Farnsworth wrote on the 21st, acknowledging Dole's letter of the
sixth and saying,

    Its contents has been explained to two trusty Indians, who will keep
    the matter entirely secret until the time for public action comes. I
    have sent for the Indians to come in. I think they will all be here by
    the 30th or 31st of this month. I will enroll them as soon as
    possible. I think I shall be able to enlist about 150 vigorous
    warriors....--General Files, _Kickapoo, 1855-1862_, F335.

[551]

    Your communication to this office of the 31st December last has been
    received enclosing a letter which was brought to you by a messenger
    from the South, as you were holding a Council with the Delaware Chiefs
    of your Agency, and which letter you desired to be laid before the
    President of the United States. Your communication also represented
    the readiness of the Delawares and all the other Western tribes to
    engage in military service on the side of the Government against the
    rebel States.

    With reference to all these Subjects, you will have an opportunity of
    conferring with the Commissioner of Indian Affairs (who has perused
    your letter in person) at Leavenworth City, for which destination he
    left this City on Sunday last on public business.--CHARLES E. MIX,
    acting commissioner, to F. Johnson, January 21, 1862 [Indian Office,
    _Letter Book_, no. 67, p. 268].

[552] Commissioner of Indian Affairs, _Report_, 1862, pp. 26, 147-148.

[553]

    I have the honor to inform you that Capt. J. W. Turner, Chief
    Commissary of Subsistence of the Department, has just returned from
    the encampments of the loyal Indians, on the Verdigris river, and in
    its vicinity. Having made arrangements for subsisting these
    unfortunate refugees until the 15th day of the present month.

    In the neighborhood of Belmont and Roe's Fort, there were, at the time
    Capt. Turner left, about four thousand five hundred Indians, chiefly
    Creeks and Seminoles. But their number was being constantly augmented
    by the arrival of fresh camps, tribes and families.

    Their condition is pictured as most wretched--destitute of clothing,
    shelter, fuel, horses, cooking utensils and food. This last named
    article was supplied by Capt. Turner in quantities sufficient to last
    until the 15th instant after which time, I doubt not, you will have
    made further arrangements for their continued subsistence.

    In taking the responsibility of supplying their wants until the Indian
    Department could make provision for their necessities I but fulfilled
    a duty due to our common humanity and the cause in which the Indians
    are suffering. I now trust and have every confidence that under your
    energetic and judicious arrangements these poor people may be supplied
    with all they need after the 15th instant, on which day the supplies
    furnished by Capt. Turner will be exhausted.

    I make no doubt that provision should be made for feeding, clothing
    and sheltering not less than six thousand Indians, and possibly as
    high as ten thousand, on this point however, you are doubtless better
    prepared to judge than myself. I only wish to urge upon you the
    necessity for prompt measures of relief.

    P.S. Copies of the reports made by Capt. Turner and Brigade Surgeon
    Campbell will be furnished to you by tomorrow's post, in view of the
    urgency of this case, and the fact that these Indians cannot be
    supplied any further than have been done from the supplies of the
    army, I send one copy of this letter to Topeka and the other to
    Leavenworth City. Fearful suffering must ensue amongst the Indians
    unless the steps necessary are promptly taken.

This letter was forwarded by Edw. Wolcott, at Dole's request, to the
Indian Office [General Files, _Southern Superintendency, 1859-1862_,
W513].

[554] Coffin to Dole, dated Fort Roe, Verdigris River, Kansas, February
13, 1862 [General Files, _Southern Superintendency, 1859-1862_, C1526];
Snow to Coffin, February 13, 1862 [General Files, _Seminole, 1858-1869_].

[555] Commissioner of Indian Affairs, _Report_, 1862, p. 148.

[556] --_Ibid._

[557] Dole to Dr. Kile, February 10, 1862. [Indian Office, _Letter Book_,
no. 67, pp. 450-452].

[558] Commissioner of Indian Affairs, _Report_, 1862, p. 148.

[559] _Congressional Globe_, 37th congress, second session, p. 815.

[560] United States _Statutes at Large_, vol. xiii, 562.

[561] It was, however, the beginning of a great deal of graft and misuse
of government funds. Citizens of Kansas, otherwise reputable, prepared to
reap a rich harvest, and government officials were not at all behindhand
in the undertaking. Presumably, immediately upon the departure of Hunter's
commissary from Fort Roe, the Indians began to get into the debt of the
settlers and the sum of the indebtedness soon mounted up tremendously.
Coffin again and again urged payment [Coffin to Dole, May 12, 1862], so
did Colonel C. R. Jennison of the Seventh Regiment Kansas Volunteers, and
so did General Blunt.

The act of March 3, 1862, reinforced by that of July 5, 1862 [United
States _Statutes at Large_, vol. xii, 528] was re-enacted, in whole or in
part, each year of the war [Act of March 3, 1863, United States _Statutes
at Large_, vol. xii, 793; Act of June 25, 1864, _ibid._, vol. xii, 180].
In addition, special appropriations were made, like that of May 3, 1864,
for the refugees.

[562] Hunter to Thomas, December 11, 1861 [_Official Records_, first ser.,
vol. viii, 428]; McClellan to Hunter, December 11, 1861, [_ibid._].

[563] Halleck to McClellan, January 20, 1862 [_ibid._, 509-510].

[564] Thomas to Hunter, January 24, 1862 [_Official Records_, first ser.,
vol. viii, 525-526].

[565] --_Ibid._, 529-530.

[566] --_Ibid._

[567] Stanton had become Secretary of War, January 15, 1862. On the real
reasons for Cameron's retirement, see Welles' _Diary_, vol. i, 57.

[568] Lincoln to Stanton, January 31, 1862 [_Official Records_, first
ser., vol. viii, 538].

[569] Lincoln to Hunter and Lane, February 10, 1862 [_ibid._, 551].

[570] Hunter to Halleck, February 8, 1862 [_Official Records_, first ser.,
vol. viii, 829-831]; Halleck to Hunter, February 13, 1862 [_ibid._,
554-555]; McClellan to Halleck, February 13, 1862 [_ibid._, 555].

[571]

    My object more particularly in writing to you to-night is on account
    of the orders that we learn here to-night from General Gennison to
    General Hunter that no Indians are to be mustered into the Service we
    have taken greate paines and have made flattering progress in
    enrooling them according to the orders of your Selfe and General
    Hunter nearly all of them set apart 10 Dollars out of their wages pr
    month for their families and many that have no families leave it in
    the hands of the Agents for their benefit after the war is over and
    they are burning with revenge and spiling for a fight and I have no
    dout at all but they would doo good Service there are two amongst them
    at least perhaps many more that I think would make good Commanders
    Billy Bowlegs & Little Captain the latter a Creek that commands in all
    the Late Battles and they suposed that he was killed but he got in a
    few days sinc Billy has also recently arivd I am fully of the opinion
    that these Indians at least two Thousand of them for such a campaigne
    as they are designed for or the one is suposed to be that is to go
    South from here are as well calculated for as any Troops that could be
    selected and it will make great trouble with them as they have their
    harts set upon it and will be most cruelly disappointed if not
    permettd to go and they should be got back as soon as posabl to their
    homes as the planting season is near and if they do not get there in
    time for putting in a crop the present Spring it looks like they will
    have to be suportd by the Government til August 1863 or til a crop can
    be maturd nex year which could not be sooner than August this would
    entail a heavy expense upon the Indian department that I would like to
    be avoidd I have had an Interview with General Gennison and he is very
    sure that if they would arm these Indians and give him three thousd
    other Troops he could put those Indians into their homes in time for a
    crop this year all here are very much disappointed and mortified at
    the course things are for their families will be no small Item in
    lessening the expense of Subsisting them which with all the Economy we
    can use will be very large.--COFFIN to Dole, dated Humboldt, Kansas,
    February 28, 1862 [General Files, _Southern Superintendency,
    1859-1862_, C1541].

    Since writing you from Humboldt Dr. Kile & my selfe have visited Fort
    Roe to make arrangements for moving the Indians to the Neosho on
    getting there we found that about 1500 of them had left for this place
    they left Saturday noon it turned cold Saturday night and commenced
    snowing and snowed hard most of the day Sunday and last night was the
    coldest of the season the Indians all got to timber Saturday night to
    camp and remained in camp Sunday but most of them ware on the Road to
    day tho it was too coald to travel in the fix they are in I saw many
    of them barefooted and many more that the feett was a small part of
    them that was bare, these people realy seem to be doomd to suffer for
    this Loyalty beyond measure, the goods and shoes ordered by Dr. Kile
    and an order sent by myselfe before Kile's arival have not yet reached
    here. Kile remained at Fort Roe to Settle and close up business there
    and assist in the araingements for starting them from there and I came
    on to se to those on the way and make araengments for taking care of
    them when they get here I found many of them Sick and not able to
    leave camp till teams are sent to them to aid them. We find that we
    cannot move them with less than about three Teams to the Hundred and
    it may overrun that the weather is moderating now and we shall make a
    vigorous effort to move them as quick as possible, we find it very
    dificult to get Teams on government vouchers and may not be able to
    move them in a reasonable time on that account the funds I brot down
    three Thousand Dollars was nearly exausted before Kile arived we are
    now nearly destitute of money if I find it as dificult around here to
    get teams as I have between here and the fort I shall make an effort
    to raise some funds for that purpose tomorrow with what success
    remains to be seen we have kept them pretty well suplied with
    Something to eat so far but that is all we can bost of, iff we ware to
    say they ware well clothed there would be ten thousand square ft of
    nakedness gaping forth its contradiction; they have been out of
    Tobacco for Several days and I doo think one days experience in camp
    would convince the most skeptical that with Indians at least the weed
    is a necessity, the Indians of all tribs held a grand council last
    Thursday at Fort Roe in regard to the war, at which they determined
    with great unanimity to gather up and arm as best they could, all
    there able bodied men and go down with the army on their own hook and
    aid in driving out the Rebels from their homes in time to plant a crop
    for this season and then gather all the Ponies they can and they think
    they can capture enough from the Rebels with what they have to come up
    for their families. _Cannot the Government aid so Laudible an
    enterprise as that at least with a few guns and some amunition_ they
    appear to be in good earnest and are feeding up the best of their
    Ponies for the Trip....--COFFIN to Dole, dated Leroy, March 3, 1862
    [General Files, _Southern Superintendency, 1859-1862_, C1544].

[572] Letter of January 28, 1861 [_Official Records_, first ser., vol.
viii, 534].

[573]

    I have a despatch from Secretary Smith saying that the Secretary of
    War is opposed to mustering the Indians into the service, and that he
    would see the President and settle the matter that day (Feb. 6).

    This as you will see disarranges all my previous arrangements, and
    devolves upon me the necessity of revoking my orders to you to proceed
    with the agents, to organize the loyal Indians in your Superintendency
    into companies preparatory to their being mustered into the service by
    Gen. Hunter. I have now to advise that you explain fully to the Chiefs
    that no authority has yet been received from Washington authorizing
    their admission into the army of the United States; but I would, at
    the same time advise that you proceed to ascertain what number are
    able and willing to join our army, and that you so far prepare them
    for the service as you can consistently do, without committing the
    Government to accept them, as I still hope for the power to get these
    refugees if no others, into the service, it being one, and as I think,
    the best means of providing for their necessities....--DOLE to Coffin,
    February 11, 1862 [Indian Office, _Letter Book_, no. 67, p. 448].

[574] Coffin had not been written to, Jan. 6, because the original plan
did not contemplate the employment of southern Indians. Not until he heard
of their presence, as refugees in Kansas, did Dole include them in his
list of possible soldiers.

[575] Superintendent Branch may have had something to do with the
opposition that grew up in Washington after Dole's departure; for he was
there the last days of the month. Lane asked for his immediate return to
the west [MIX to Lane, January 27, 1862, Indian Office, _Letter Book_, no.
67, p. 293].

[576] Special Orders, no. 8, Jan. 10, 1862 [_Official Records_, vol. viii,
734].

[577] Van Dorn to Price, February 7, 1862 [_Official Records_, first ser.,
vol. viii, 749].

[578] Cooper to Pike, February 10, 1862 [_ibid._, vol. xiii, 896].

[579] Walker to Cooper, May 13, 1861 [_Official Records_, first ser., vol.
iii, 574-575].

[580] Report of Albert Pike, dated Fort McCulloch, May 4, 1862 [_ibid._,
vol. xiii, 819].

[581] Van Dorn, Report to Bragg, March 27, 1862 [_Official Records_, first
ser., vol. viii, 283].

[582] Van Dorn to Mackall, February 27, 1862 [_ibid._, 755].

[583] Maury to Pike, March 3, 1862 [_ibid._, 763-764].

[584] Maury to Pike, March 3, 1862 [_ibid._, 764].

[585] Maury to Drew, McIntosh, and Stand Watie, March 3, 1862 [_Official
Records_, first ser., vol. viii, 764].

[586] This will be discussed fully in a later volume.

[587] _Journal_, vol. i, 640, 743; vol. ii, 19, 20, 51, 52; vol. v, 47,
115, 116, 151, 167, 210.

[588] The act was passed April 8, 1862 [Confederate _Statutes at Large_
(edition of 1864), 11-25].

[589] The writer of this letter was evidently Elias Rector, although the
document from which this copy was made is in the handwriting of Albert
Pike.

[590] The history of the collection that I have designated for convenience
of reference, the _Leeper Papers_, is outlined in the following letter
from F. Johnson, Delaware Indian Agent, to Dole, January 20, 1863 [Indian
Office, General Files, _Wichita, 1862-1871_, J62].

    On or about the first of September last a company of Delaware &
    Shawnee Indians numbering ninety-six, seventy Delawares and twenty-six
    Shawnees, left Kansas on an expedition southwest from Kansas under the
    leadership of Ben Simon a Delaware Indian.

    He reports that the expedition traveled to the Neosho River in
    southern Kansas where they halted a few days. From thence they marched
    in a southwest direction seventeen days to the leased district in
    Texas, they then traveled up the Wichita River, one day to the
    neighbourhood of the Wichita Agency. Simon then sent Spies and Scouts
    to the Agency who reported two hundred Indians well armed at the
    Agency in the Service of the Southern Confederacy. On receiving this
    intelligence the Delawares & Shawnees immediately proceded to the
    Agency which they reached about sundown. On arriving at the Agency
    they surrounded the buildings when the Agent a man large sized with
    black hair came out of the house and asked them what was wanting.
    Simon replied to him that he was his prisoner. At the same instant the
    Indians rushed into the house when one of the Delawares was shot dead
    and a Shawnee wounded--there was four white men at the Agency; when
    the Indians saw their comrades killed and wounded they killed the
    three men in the House and Agent Leeper who Simon had hold of at the
    door--the Indians then took possession of the Property and papers
    belonging to the Agency and burned the buildings. On the next morning
    they found the trail of the Indians who had escaped from the Agency
    and followed it to a grove of timber and found as they supposed about
    one hundred & fifty Indians a part of whom was women and children whom
    they attacked and report they killed about one hundred the Ballance
    making their escape. The Delawares and Shawnees then turned homewards
    with their Booty which consisted of about One hundred Ponies, Twelve
    hundred Dollars in Confederate Money, the papers correspondence etc.
    which is wrapped in a rebel Flag taken at the Agency Among the papers
    taken I would respectfully call your attention to the treaties in
    manuscript entered into between Albert Pike Commissioner on the part
    of the Confederate States and the diferent Tribes of Southern Indians
    as also the commission of Mathew Leeper Indian Agent from James
    Buchanan President of the United States dated 1st of February 1861.

    These Indians few in numbers marching upon a point more than five
    hundred miles distant furnishing their own transportation forage and
    provisions without cost to the Government certainly exhibits a great
    degree of Loyalty daring and hardihood.

[591] J. J. Stürm, commissary for the Indians of the Leased District
[Rector to Stürm, July 1, 1861]. On Oct. 3, 1861, Stürm reported to
Leeper:

    I arrived here over a week ago, and have been waiting for Maj. Rector,
    who is absent making a Treaty with the Cherokees, and other Tribes at
    Telequa.... No talk of anything but war here. Price has taken
    Lexington, Mo., he took and killed over four thousand of Abe's men,
    with a great deal of war material....

[592] These two brief communications have a bearing upon Leeper's case:

    You are hereby ordered to remain at Fort Smith Arkansas from 10th.
    January 1862 untill further ordered by the undersigned, as a witness
    in the case of the Confederate States of America against M. Leeper,
    Ind. Agt. on certain charges preferred.--JAMES P. SPRING,
    commissioner, to J. J. Stürm; dated Fort Smith, Ark., December 22,
    1861.

    Spring may not be able to begin on Leeper's case before Jan. 20--Is
    obliged to leave city. If Leeper wants while Spring is away, [to go]
    to Fayetteville, he may & Spring will telegraph him upon his
    return.--SPRING to Leeper, dated Fort Smith, Ark., December 23, 1861.

[593] William Quesenbury to Leeper, dated Fort Gibson, C. N., Nov. 28,
1861.

[594] H. P. Jones, late lieutenant-commanding to Brigadier-general A.
Pike, commanding Indian Territory, dated Washita Agency L. D., May 8,
1862.

[595] H. P. Jones to Pike, dated Washita Agency, May 8, 1862.

[596] Indian Office, Land Files, _Upper Arkansas, 1855-1865_, C1749.

[597] James Deshler to Leeper, dated Little Rock, Sept. 28, 1862.




Transcriber's Notes:

Passages in italics are indicated by _italics_.

Superscripted characters are indicated by {superscript}.

The original text includes several blank spaces. These are represented by
______________ in this text version.

"=U=N=I=T=E=D=" represents "UNITED" with a line drawn through the word.