Chapter II: Lane's Brigade and the Inception of the Indian (2)

[Footnote 141: (cont.) brothers the Comanches and all the other tribes are still your friends. Mode Cunard and you were here and had the talk with Gen. Pike; we still hold to the talk we made with Gen. Pike, and are keeping the treaty in good faith, and are looking for him back again soon. We look upon you and Mode Cunard and Gen. Pike as brothers. Gen. Pike told us at the council that there were but few of us here, and if any thing turned up to make it necessary he would protect them. We are just as we were when Gen. 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 wait 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. Pea-o-popicult, the principal Kiowa chief, has recently visited the reserve, and expressed friendly intentions, and has gone back to consult the rest of his people, and designs returning.

Hoseca X Maria} Ke-Had-a-wah } Chiefs of the Camanches Buffalo Hump } Te-nah Geo. Washington Jim Pockmark

[Indian Office, Confederate Papers, Copy of a letter to John Jumper, certified as a true copy by A.T. Pagy.]

(c). LEROY, COFFEY CO., KANSAS, NOV. 4, 1861.

HON. WM.P. DOLE, COM'R INDIAN AFFAIRS, Washington, D.C.

Dear Sir: Enclosed I send you a statement of delegation of Creeks, Chickasaw, and Kininola who are here for assistance from the Government. You will see by the enclosed that I have held a Council with them the result of which I send verbatim. They have travelled some 300 or 400 miles to get here, had to take an unfrequented road and were in momentary fear of their lives not because the secessionists were stronger than the Union party in their nation, but because the secessionists were on the alert and were determined that there should be no communication with the Government.

They underwent a great many privations in getting here, had to bear their own expenses, which as some of them who were up here a short time ago have travelled in coming and going some 900 miles was considerable.

I am now supplying them with everything they need on my own responsibility. They dare not return to their people unless troops (cont.)]

Department of Kansas was open to certain objections, no doubt; but, to Lane, whose forceful personality had

[Footnote 141: (cont.) are sent with them and they assure me the moment that is done, a large portion of each of the tribes will rally to the support of the Government and that their warriors will gladly take up arms in its defence.

I write to you from Topeka and urge that steps be taken to render them the requisite protection. I am satisfied that the Department will see the urgent necessity of carrying out the Treaty stipulations and giving these Indians who are so desirous of standing firm by the Government and who have resisted so persistently all the overtures of the secessionists, the assistance and protection which is their due. I am informed by these Indians that John Ross is desirous of standing by the Government, and that he has 4000 warriors who are willing to do battle for the cause of the Union.

They also inform me, that the Washitas, Caddos, Tenies, Wakoes, Tewakano, Chiekies, Shawnees, and Kickapoos are almost unanimously Union. Gen. Lane is anxious to do something to relieve the Union Indians in the southern tribes, by taking prompt and energetic steps at this time--it can be done with little expense and but little trouble, while the benefit to be derived will be incalculable. Let me beg of you and more that the matter be laid before the Department and the proper steps be taken to give the Indians that protection which is their due and at the same time take an important step in sustaining the supremacy of the Government. Your obedient Servant, GEO.A. CUTLER, _agent_ for the Indians of the Creek agency.

ENCLOSURES

At a Council of the Creeks, held at Leroy in Coffey County, Kansas, at the house of the Agent of said Indians, Maj. Geo. A. Cutler, who was unable to visit their Country owing to the rebellion existing in the Country, the following talk was had by the Chiefs of said nation, eight in number--Four Creeks, Two Seminoles, Two Chickasaws.

Oke-Tah-hah-shah-haw-choe, Chief of Creek Upper District says, he will talk short words this time--wants to tell how to get trouble in Creek nation. First time Albert Pike come in he made great deal trouble. That man told Indian that the Union people would come and take away property and would take away land--now you sleep, you ought to wake up and attend to your own property. Tell them there ain't no U.S.--ain't any more Treaty--all be dead--Tell them as there is no more U.S. no more Treaty that the Creeks had better make new Treaty with the South and the Southern President would protect them and give them their annuity--Tell them if you make Treaty with southern President that he would pay you more annuity and would pay better than the U.S. if they the Indians would help the Southern President--Mr. Pike makes the half (cont.)]

impressed itself, for good or ill, upon the trans-Missouri region, it was, to say the least, somewhat

[Footnote 141: (cont.) breeds believe what he says and the half breeds makes some of the full blood Indians believe what he says that they (the Indians) must help the secessionists. Then that is so--but as for himself he don't believe him yet. Then he thought the old U.S. was alive yet and the Treaty was good. Wont go against the U.S. himself--That is the reason the Secessions want to have him--The Secessionists offered 5000$ for his head because he would not go against the U.S. Never knew that Creek have an agent here until he come and see him and that is why I have come among this Union people. Have come in and saw my agent and want to go by the old Treaty. Wants to get with U.S. Army so that I can get back to my people as Secessionists will not let me go. Wants the Great Father to send the Union Red people and Troops down the Black Beaver road and he will guide them to his country and then all his people will be for the Union--That he cannot get back to his people any other way--Our Father to protect the land in peace so that he can live in peace on the land according to the Treaty--At the time I left my union people I told them to look to the Beaver Road until I come. Promised his own people that the U.S. Army would come back the Beaver Road and wants to go that way--The way he left his country his people was in an elbow surrounded by secessions and his people is not strong enough against them for Union and that is the reason he has come up for help--Needed guns, powder, lead to take to his own people. Own people for the Union about 3350 warriors all Creeks--Needed now clothing, tents for winter, tools, shirts, and every thing owned by whites,--wants their annuity as they need it now--The Indians and the Whites among us have done nothing against any one but the Secessionists have compelled us to fight and we are willing to fight for the Union. Creek half breeds joined secessionists. 32 head men and leaders-27 towns for the Union among Creeks

_Signed_: Oke-tah-hah-shah-haw Choe his X mark.

_Talk of Chickasaw Chief, Toe-Lad-Ke_

Says--Will talk short words--have had fever and sick--Secessionists told him no more U.S. no more Treaty--all broken up better make new Treaty with Secessionists--Although they told him all this did not believe them and that is reason came up to see if there was not still old U.S.--Loves his country--loves his children and would not believe them yet--That he did not believe what the Secessionists told him and they would not let him live in peace and that is the reason he left his country--The secessionists want to tie him--whip him and make him join them--but he would not and he left.

100 warriors for secession--
2240 do " Union

(cont.)]

disconcerting, not because Lane was hostile to Hunter personally--the two men had long had a friendly acquaintance

[Footnote 141: (cont.) The secessionists plague him so much talk he asks for his country that the army go down and that is what his people wants same as Creek and Seminole--Have seen the agent of the Creeks but have not seen our agent but want to see him--wants agent sent--He has always done no wrong--Secessionists would not let him live in peace--and if have to fight all his people will fight for Union--That is all the chance that he can save his lands and property to children--by old U.S. and Treaty--Chickasaw--Seminoles and Creeks all in no difference--all for the Union--all want annuity and have had none for some time--Now my Great Father you must remember me and my people and all our wants. _Signed_: TOE-LAD-KE, his X mark.

_Talk of Seminole Chief, Choo-Loo-Foe-Lop-hah-Choe_

Says: Pike went among the Seminoles and tell them the same as he told the Creek. The talk of Pike he did not believe and told him so himself--Some of my people did believe Pike and did join the secessionists also he believed the old U.S. is alive and Treaty not dead and that is the reason he come up and had this talk--Never had done any thing against Treaty and had come to have Great Father protect us--Secession told him that Union men was going to take away land and property--could get no annuity old U.S. all gone--come to see--find it not so--wants President to send an agent don't know who agent is--wants to appoint agent himself as he knows who he wants. Twelve towns are for the Union

500 warriors for the Union
100 do " Secession

All people who come with Billy Bowlegs are Union--Chief in place of Billy Bowlegs Shoe-Nock-Me-Koe this is his name--Need everything that Creeks need--arms clothing, etc. etc. wants to go with army same way and same road with Creek--This is what we ask of our Great Father live as the Treaty says in peace--and all Seminole warriors will fight for the Union. This is the request of our people of our Great Father They need their annuity have not had any for nearly a year and want it sent.

_Signed_: CHOO-LOO-FOE-LOP-HAH-CHOE, his X mark.

We the Chiefs of the three nations Creeks, Chickasaws and Seminoles who are of this delegation and all for the Union and the majority of our people are for the Union and agree in all that has been said by the Chiefs who have made this talk, and believe all they have said to be true--

OKE-TAH-HAH-SHAH-HAW-CHOE his X mark Creek
WHITE CHIEF his X mark Creek

BOB DEER his X mark Creek
PHIL DAVID his X mark Creek

(cont.)]

with each other[142]--but because he had had great hopes of receiving the post himself.[143] The time was now drawing near for him to repair to Washington to resume his senatorial duties since Congress was to convene the second of December.

To further his scheme for Indian enlistment, Lane had projected an inter-tribal council to be held at his own headquarters. E.H. Carruth worked especially to that end. The man in charge of the Southern Superintendency, W.G. Coffin, had a similar plan in mind for less specific reasons. His idea was to confer with the representatives of the southern tribes with reference to Indian Territory conditions generally. It was part of the duty appertaining to his office. Humboldt[144] was the place selected by him for the meeting; but Leroy, being better protected and more accessible, was soon substituted. The sessions commenced the

[Footnote 141: (cont.)

TOE-LAD-KE his X mark Chickasaw
CHAP-PIA-KE his X mark Chickasaw

CHOO-LOO-FOE-LOP-HAH-CHOE his X mark Seminole
OH-CHEN-YAH-HOE-LAH his X mark Seminole

_Witness_: C.F. Currier
W. Whistler

LEROY, COFFEY CO. KAN., Nov. 4 1861.

I do certify that the within statement of the different chiefs were taken before me at a council held at my house at the time stated and that the talk of the Indian was correctly taken down by a competent clerk at the time.

GEO.A. CUTLER, _Agent_ for the Creek Indians.

[Indian Office Special Files, no. 201, _Southern Superintendency_, C 1400 of 1861.]]

[Footnote 142: Their acquaintance dated, if not from the antebellum days when Hunter was stationed at Fort Leavenworth and was not particularly magnanimous in his treatment of Southerners, then from those when he had charge, by order of General Scott, of the guard at the White House. _Report of the Military Services of General David Hunter_, pp. 7, 8.]

[Footnote 143: _Daily Conservative_, November 13, 1861.]

[Footnote 144: Coffin to Dole, October 2, 1861, Commissioner of Indian Affairs, _Report_, 1861, p. 39.]

sixteenth[145] of November and were still continuing on the twenty-third.[146] It had not been possible to hold them earlier because of the disturbed state of the country and the consequent difficulty of getting into touch with the Indians.

Upon assuming command of the Department of Kansas, General Hunter took full cognizance of the many things making for disquietude and turmoil in the country now under his jurisdiction. Indian relations became, of necessity, matters of prime concern. Three things bear witness to this fact, Hunter's plans for an inter-tribal council at Fort Leavenworth, his own headquarters; his advocacy of Indian enlistment, especially from among the southern Indians; and his intention, early avowed, of bringing Brigadier-general James W. Denver into military prominence and of entrusting to him the supervisory command in Kansas. In some respects, no man could have been found equal to Denver in conspicuous fitness for such a position. He had served as commissioner of Indian affairs[147] under Buchanan and, although a Virginian by birth, had had a large experience with frontier life--in Missouri, in the Southwest during the Mexican War, and in California. He had also measured swords with Lane. It was in squatter-sovereignty days when, first as secretary and then as governor of Kansas Territory, he had been in a position to become intimately acquainted with the intricacies of Lane's true character and had had both occasion and opportunity to oppose some of that worthy's autocratic and thoroughly lawless

[Footnote 145: _Daily Conservative_, November 17, 1861.]

[Footnote 146:--Ibid., November 23,1861.]

[Footnote 147: Denver was twice appointed Commissioner of Indian Affairs by Buchanan. For details as to his official career, see _Biographical Congressional Directory_, 499, and Robinson, _Kansas Conflict_, 424.]

maneuvers.[148] As events turned out, this very acquaintance with Lane constituted his political unfitness for the control that Hunter,[149] in December, and Halleck,[150] in the following March, designed to give him. With the second summons to command, came opportunity for Lane's vindictive animosity to be called into play. Historically, it furnished conclusive proof, if any were needed, that Lane had supreme power over the distribution of Federal patronage in his own state and exercised that power even at the cost of the well-being and credit of his constituency.

When Congress began its second session in December, the fight against Lane for possession of his seat in the Senate proceeded apace; but that did not, in the least, deter him from working for his brigade. His scheme now was to have it organized on a different footing from that which it had sustained heretofore. His influence with the administration in Washington was still very peculiar and very considerable, so much so, in fact, that President Lincoln, without taking expert advice and without consulting either the military men, whose authority would necessarily be affected, or the civil officials in Kansas, nominated him to the Senate as brigadier-general to have charge of troops in that state.[151] Secretary Cameron was absent from the city

[Footnote 148: Robinson, _op. cit_., 378 ff., 424 ff.]

[Footnote 149: _Official Records_, vol. viii, 456.]

[Footnote 150:--Ibid., 832.]

[Footnote 151: The Leavenworth _Daily Conservative_ seemed fairly jubilant over the prospect of Lane's early return to military activity. The following extracts from its news items and editorials convey some such idea:

"General Lane of Kansas has been nominated to the Senate and unanimously confirmed, as Brigadier General, to command Kansas troops; the express understanding being that General Lane's seat in the Senate shall not be vacated until he accepts his new commission, which he will not do until the Legislature of Kansas assembles, next month. He has no idea of doing anything that shall oblige Governor Robinson and his appointee (Stanton) (cont.)]

at the time this was done and apparently, when apprised of it, made some objections on the score, not so much of an invasion of his own prerogative, as of its probable effect upon Hunter. Cameron had his first consultation with Lane regarding the matter, January second, and was given by him to understand that everything had been done in strict accordance with Hunter's own wishes.[152] The practical question of the relation of Lane's brigade to Hunter's command soon, however, presented itself in a somewhat different light and its answer required a more explicit statement from the president than had yet been made. Lincoln, when appealed to, unhesitatingly repudiated every suggestion of the idea that it had ever been his intention to give Lane an independent command or to have Hunter, in any sense, superseded.[153]

The need for sending relief to the southern Indians, which, correctly interpreted meant, of course, reasserting authority over them and thus removing a menacing and impending danger from the Kansas border, had been one of Lane's strongest arguments in gaining his way with the administration. The larger aspect of his purpose was, however, the one that appealed to Commissioner Dole, who, as head of the Indian Bureau, seems fully to have appreciated the responsibility that

[Footnote 151: (cont.) who has been in waiting for several months to take the place."--_Daily Conservative_, January 1, 1862.

"Rejoicing in Neosho Battalion over report that Lane appointed to command Kansas troops."--Ibid., January 4, 1862.

"General Lane will soon be here and General Denver called to another command."--Ibid., January 7, 1862.]

[Footnote 152: Cameron to Hunter, January 3, 1862, _Official Records_, vol. liii, supplement, 512-513.]

[Footnote 153: Martin F. Conway, the Kansas representative in Congress, was under no misapprehension as to Lane's true position; for Lincoln had told him personally that Lane was to be under Hunter [_Daily Conservative_, February 6, 1862].]

assuredly rested in all honor upon the government, whether conscious of it or not, to protect its wards in their lives and property. From the first intimation given him of Lane's desire for a more energetic procedure, Dole showed a willingness to coöperate; and, as many things were demanding his personal attention in the West, he so timed a journey of his own that it might be possible for him to assist in getting together the Indian contingent that was to form a part of the "Southern Expedition."[154]

The urgency of the Indian call for help[155] and the

[Footnote 154: Lane's expedition was variously referred to as "the Southern Expedition," "the Cherokee Expedition," "the great jayhawking expedition," and by many another name, more or less opprobrious.]

[Footnote 155: Representations of the great need of the Indians for assistance were made to the government by all sorts of people. Agent after agent wrote to the Indian Office. The Reverend Evan Jones wrote repeatedly and on the second of January had sent information, brought to him at Lawrence by two fugitive Cherokees, of the recent battle in which the loyalists under Opoethle-yo-ho-la had been worsted, at the Big Bend of the Arkansas [Indian Office Special Files, no. 201, _Southern Superintendency_, J 540 of 1862]. In the early winter, a mixed delegation of Creeks and others had made their way to Washington, hoping by personal entreaty to obtain succor for their distressed people, and justice. Hunter had issued a draft for their individual relief [Ibid., J523 of 1861], and passes from Fort Leavenworth to Washington [Ibid., C1433 of 1861]. It was not so easy for them to get passes coming back. Application was made to the War Department and referred back to the Interior [Ibid., A 434 of 1861]. The estimate, somewhat inaccurately footed up, of the total expense of the return journey as submitted by agents Cutler and Carruth was,

"11 R.R. Tickets to Fort Leavenworth by way of New York City
$48 $ 528.00

11 men $2 ea (incidental expenses) 22.00

2 1/2 wks board at Washington $5 137.50

Expenses from Leavenworth to Ind. Nat 50.00

Pay of Tecumseh for taking care of horses 25.00
-------

[Ibid., C 1433 of 1861]. $ 960.50"

Dole had not encouraged the delegation to come on to Washington. He pleaded lack of funds and the wish that they would wait in Fort Leavenworth and attend Hunter's inter-tribal council so that they might go back to their people carrying definite messages of what was to be done (cont.)]

evident readiness of the government to make answer to that call before it was quite too late pointed auspiciously to a successful outcome for Senator Lane's endeavors; but, unfortunately, Major-general Hunter had not been sufficiently counted with. Hunter had previously shown much sympathy for the Indians in their distress[156] and also a realization of the strategic importance

[Footnote 155: (cont.) [Indian Office _Letter Book_, no. 67, p. 107]. Dole had been forwarned of their intention to appear in Washington by the following letter:

FORT LEAVENWORTH KAN., Nov. 23rd 1861. HON WM.P. DOLE, Com. Indian Affs.

Sir: On my arrival in St. Louis I found Gen'l Hunter at the Planters House and delivered the message to him that you had placed in my hands for that purpose. He seemed fully satisfied with your letter and has acted on it accordingly. I recd from Gen'l Hunter a letter for Mr. Cutler, and others of this place, all of which I have delivered. Having found Cutler here, he having been ordered by Lane to move the council from Leroy to Fort Scott. But from some cause (which I have not learned) he has brought the chiefs all here to the Fort, where they are now quartered awaiting the arrival of Gen'l Hunter. He has with him six of the head chiefs of the Creek, Seminole and Cherokee Nations, and tells me that they are strong for the Union. He also says that John Ross (Cherokee) is all right but dare not let it be known, and that he will be here if he can get away from the tribe.

These chiefs all say they want to fight for the Union, and that they will do so if they can get arms and ammunition. Gen'l Hunter has ordered me to await his arrival here at which time he will council with these men, and report to you the result. I think he will be here on Tuesday or Wednesday. Cutler wants to take the Indians to Washington, but I advised him not to do so until I could hear from you. When I met him here he was on his way there.

You had better write to him here as soon as you get this, or you will see him there pretty soon.

I have nothing more to write now but will write in a day or two.

Yours Truly R.W. DOLE.

P.S. Coffin is at home sick, but will be here soon. Branch is at St. Joe but would not come over with me, cause, too buissie to attend to business.

[Indian Office Special Files, no 201, _Southern Superintendency_, D 410 of 1861].]

[Footnote 156: In part proof of this take his letter to Adjutant-general Thomas, January 15, 1862.

"On my arrival here in November last I telegraphed for permission to (cont.)]

of Indian Territory. Some other explanation, therefore, must be found for the opposition he advanced to Lane's project as soon as it was brought to his notice. It had been launched without his approval having been explicitly sought and almost under false pretences.[157] Then, too, Lane's bumptiousness, after he had accomplished his object, was naturally very irritating. But, far above every other reason, personal or professional, that Hunter had for objecting to a command conducted by Lane was the identical one that Halleck,[158] Robinson, and many another shared with him, a wholesome repugnance to such marauding[159] as Lane had permitted his men to indulge in in the autumn. It was to be feared that Indians under Lane would inevitably revert to savagery. There would be no one to put any restraint upon them and their natural instincts would be given free play. Conceivably then, it was not mere supersensitiveness and pettiness of spirit that moved General Hunter to take exception to Lane's appointment but regard for the honor of his profession, perchance, also, a certain feeling of personal dignity that

[Footnote 156: (cont.) muster a Brigade of Kansas Indians into the service of the United States, to assist the friendly Creek Indians in maintaining their loyalty. 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."--Indian Office General Files, _Southern Superintendency_, 1859-1862.]

[Footnote 157: To the references given in Abel, _The American Indian as Slaveholder and Secessionist_, add Thomas to Hunter, January 24, 1862, _Official Records_, vol. viii, 525.]

[Footnote 158: The St. Louis _Republican_ credited Halleck with characterizing Hunter's command, indiscriminately, as "marauders, bandits, and outlaws" [_Daily Conservative_, February 7, 1862]. In a letter to Lincoln, January 6, 1862, Halleck said some pretty plain truths about Lane [_Official Records_, vol. vii, 532-533]. He would probably have had the same objection to the use of Indians that he had to the use of negroes in warfare [_Daily Conservative_, May 23, 1862, quoting from the Chicago _Tribune_].]

[Footnote 159: On marauding by Lane's brigade, see McClellan to Stanton, February 11, 1862 [_Official Records_, vol. viii, 552-553].]

legitimately resented executive interference with his rights. His protest had its effect and he was informed that it was entirely within his prerogative to lead the expedition southward himself. He resolved to do it. Lane was, for once, outwitted.

The end, however, was not yet. About the middle of January, Stanton became Secretary of War and soon let it be known that he, too, had views on the subject of Indian enlistment. As a matter of fact, he refused to countenance it.[160] The disappointment was the most keen for Commissioner Dole. Since long before the day when Secretary Smith had announced[161] to him that the Department of War was contemplating the employment of four thousand Indians in its service, he had hoped for some means of rescuing the southern tribes from the Confederate alliance and now all plans had come to naught. And yet the need for strenuous action of some sort had never been so great.[162] Opoeth-le-yo-ho-la and his defeated followers were refugees on the Verdigris, imploring help to relieve their present

[Footnote 160: Note this series of telegrams [Indian Office Special Files, no. 201, _Southern Superintendency_, D 576 of 1862]:

"Secretary of War is unwilling to put Indians in the army. Is to consult with President and settle it today."--SMITH to Dole, February 6, 1862.

"President cant attend to business now. Sickness in the family. No arrangements can be made now. Make necessary arrangements for relief of Indians. I will send communication to Congress today."--Same to Same, February 11, 1862.

"Go on and supply the destitute Indians. Congress will supply the means. War Department will not organize them."--Same to Same, February 14, 1862.]

[Footnote 161: Smith to Dole, January 3, 1862 [Indian Office Special Files, no. 201, _Central Superintendency_, I 531 of 1862; Commissioner of Indian Affairs, _Report_, 1862, p. 150].]

[Footnote 162: On the second of January, Agent Cutler wired from Leavenworth to Dole, "Heopothleyohola with four thousand warriors is in the field and needs help badly. Secession Creeks are deserting him. Hurry up Lane."--Indian Office Special Files, no. 201, _Southern Superintendency_, C 1443 of 1862.]

necessities and to enable them to return betimes to their own country.[163] Moreover, Indians of northern antecedents and sympathies were exhibiting unwonted enthusiasm for the cause[164] and it seemed hard to have to repel them. Dole was, nevertheless, compelled to do it. On the eleventh of February, he countermanded the orders he had issued to Superintendent Coffin and thus a temporary quietus was put upon the whole affair of the Indian Expedition.

[Footnote 163: Their plea was expressed most strongly in the course of an interview which Dole had with representatives of the Loyal Creeks and Seminoles, Iowas and Delawares, February 1, 1862. Robert Burbank, the Iowa agent, was there. White Cloud acted as interpreter [_Daily Conservative_, February 2, 1862].]

[Footnote 164: Some of these had been provoked to a desire for war by the inroads of Missourians. Weas, Piankeshaws, Peorias, and Miamies, awaiting the return of Dole from the interior of Kansas, said, "they were for peace but the Missourians had not left them alone" [Ibid., February 9, 1862].]