Chapter C: A. HARRIS Esqr, Com{r} of Ind Affairs, (2)

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 Fremont, 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 cooperate 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 cooperation
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.