Part 10

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]