Part 32

[303] Article XXXI of the Creek Treaty, Article XLVI of the Choctaw and Chickasaw Treaty, Article XXXII of the Seminole Treaty, and Article XXXVI of the Cherokee Treaty. Note that the enjoyment of the privilege by the Seminole Nation was to be conditioned upon its own establishment of regular courts.

[304] There were also secret articles to some of the treaties. The indications are that such secret articles entailed the customary bribery of chiefs and influential men upon whose support depended successful negotiation.

[305] Article VII of the Osage Treaty [p. 364].

[306] Article XIII of the Choctaw and Chickasaw Treaty [p. 315].

[307] Article IX of the Cherokee Treaty [p. 397].

[308] Article LXVI of the Creek Treaty, Article XLIV of the Seminole, Article LIII of the Cherokee.

[309] Article LXIV [p. 330].

[310] Article XL of the Wichita Treaty and Article X of the Comanche.

[311] Article XI of the Creek Treaty, Article XVI of the Choctaw and Chickasaw Treaty, Article XI of the Seminole Treaty, Article XIII of the Cherokee Treaty, Article IV of the Osage Treaty, Article V of the Seneca and Shawnee Treaty, and Article IV of the Quapaw Treaty.

[312] Article XII of the Creek Treaty, Article XVII of the Choctaw and Chickasaw Treaty, Article XII of the Seminole Treaty, Article XIV of the Cherokee Treaty, Article V of the Osage Treaty, Article VI of the Seneca and Shawnee Treaty, and Article V of the Quapaw Treaty. After the war the posts in certain specified cases were to be garrisoned by native troops.

[313] The reference is the same as the foregoing with two exceptions; viz., Article XXVIII of the Osage Treaty and Article XX the Quapaw Treaty.

[314] Article XIII of the Creek Treaty, Article XVIII of the Choctaw and Chickasaw Treaty, and Article XIII of the Seminole Treaty.

[315] The provision in the Osage Treaty was one exception to this. It was definitely said there that there should be no compensation.

[316] The details of this will come out in the chapter following.

[317]

ARTICLE XXXVIII (Choctaw and Chickasaw Treaty). In order to secure the due enforcement of so much of the laws of the Confederate States in regard to criminal offences and misdemeanors as is or may be in force in the said Choctaw and Chickasaw country, and to prevent the Choctaws and Chickasaws from being further harassed by judicial proceedings had in foreign courts and before juries not of the vicinage, the said country is hereby erected into and constituted a judicial district of the Confederate States to be called the Tush-ca-hom-ma District, for the special purposes and jurisdiction hereinafter provided; and there shall be created and semi-annually held, within such district, at Boggy Depot, a district court of the Confederate States, with the powers of a circuit court, so far as the same shall be necessary to carry out the provisions of this treaty, and with jurisdiction co-extensive with the limits of such district, in such matters, civil and criminal, to such extent and between such parties as may be prescribed by law, and in conformity to the terms of this treaty [p. 320].

Articles XXXIX, XL, XLI, and XLII more specifically define the jurisdiction.

[318] See Article XXIII of the Cherokee Treaty, and, for the jurisdiction of the court, see Articles XXIV, XXV, and XXVI.

[319] Article XXXV.

[320] Article XXVI.

[321] Article XXVI.

[322] In other ways than this, the treaties with the minor tribes stressed the "peculiar institution." Consider, for instance, in the matter of extradition, how it was not the criminal generally, but only the fugitive slave that was to be reciprocally extradited. Moreover, as a rule, the weak tribes all pledged themselves to try to return negroes and other property and were assured that negroes should come under the jurisdiction of tribal laws.

[323] Article II [p. 395].

[324] Article LII [p. 410].

[325] Article XXXIX [p. 403].

[326] Without doubt some preliminary sounding of Leeper must have preceded the accompanying document. Pike would hardly have written with such assurance or given such instructions unless he had been very sure of his ground.

FORT SMITH, ARKANSAS, 26th May 1861.

SIR: I have been appointed by the President of the Confederate States of America Commissioner to the Indian Tribes West of Arkansas, with discretionary powers, for the purpose of making treaties of alliance with them, and of enlisting troops to act with the forces of the Confederate States.

In the exercise of the powers entrusted to me, I hereby authorize and request you to exercise the powers of Agent for the Wichitas and other Indians in the Country leased from the Choctaws and Chickasaws, until you shall receive a regular commission therefor. Your compensation will be the same as that received from the United States, to commence from the day when you resigned as agent of the United States.

And you are hereby instructed forthwith to repair to your agency, and to inform the Indians under your charge that the Confederate States of America will take you themselves and fully comply with all the obligations entered into by the United States in their behalf; securing and paying all that may be due them from injury; and especially that they will continue to supply them with rations, as it has heretofore been done, until they shall no longer need to be supplied.

You will also please inform them that I shall in a short time be among them, to enter into a treaty with them, on the part of the Confederate States.

You will impress upon them that the people of Texas are now a part of the Confederate States, and must no longer be looked upon as enemies: and if any troops from Texas should come within your jurisdiction, you will particularly warn them against doing any harm to the Indians under your charge.

You will make known to the Delawares, and if practicable to the Kickapoos, that it is my desire, and I have authority, to enlist a battalion of 350 men, of the Delawares, Kickapoos, and Shawnees, and will especially assure the Kickapoos, that if they have any cause of complaint against any of the people of Texas, it will be inquired into, and reparation made, and that they must in no case commit any act of hostility against Texas.

I shall be greatly obliged to you for all assistance you can render in securing the services in arms of the Kickapoos and Delawares. They will be paid like other mounted men, receiving 40 cents a day for use and risk of their horse, in addition to their pay, rations, and clothing.

I need not say that I place much reliance on your zeal and intelligence and assure you that your services will not fail to be appreciated by the Government of the Confederate States. Most respectfully yours

ALBERT PIKE, Comm{r}, C. S. A. to the Indian Tribes, West of Arkansas.

Matthew Leeper Esq.

_Leeper Papers._

[327] It is not clear as to just when Elias Rector left the United States service or when he entered the Confederate. The Indian Office in Washington was communicating with him officially for some little time after Griffith had been notified of his appointment. There seems no reason to doubt that Rector was working in the interests of the Southern Confederacy all through the spring of 1861; and, when he went over openly to the South, he did not close his accounts with the United States Indian Office. He was accordingly regarded as a defaulter and there was talk of confiscating his property at Fort Smith [W. G. Coffin to Dole, January 29, 1864, General Files, _Southern Superintendency, 1863-1864_, I640; Dole to Usher, February 2, 1864, Indian Office, _Report Book_, no. 13, p. 297].

In the course of his official connection with the United States government Elias Rector had frequently been accused of irregularities and even of crookedness [General Files, _Southern Superintendency, 1859-1862_, C1222]. As touching the Seminole removal from Florida, he had much that was peculiar to explain away. Apparently he quite frequently made queer contracts, was given to making over-charges for mileage and to favoring his friends at the expense of the Indians and of the government. In 1861, he rendered a voucher showing he had paid a certain Henry Pape $6000.00 for building the Wichita Agency house. On various matters connected with his official record, see Rector's _Letter Press Book_ and Indian Office, _Letter Books_, no. 64, p. 342; no. 65, P. 49; no. 66, p. 26. In 1865, Rector made application to be allowed to straighten out his accounts [J. B. Luce to Cooley, November 2, 1865].

Returning, however, to the subject of Rector's incumbency: on the twelfth of June, 1861, he wrote quite frankly to John Schoenmaker, principal of the Osage Mission,

... I have no connection at this time with the Indian Department under the old U. S. Government. I am now acting as Superintendent under the Government of the Confederate States, and as no treaties have as yet been concluded between the Southern confederacy and the tribes of Indians with whom you are engaged I of course can say nothing to you on the subject matter of your letter....--General Files, _Southern Superintendency, 1859-1862_.

The Confederate southern superintendency had not at the time been filled, but Rector seems to have been considered the most competent candidate. Johnson, in recommending various men to Walker for various positions, recommended Rector in strong terms of implied commendation,

Dr. Griffith wants to be appointed superintendent in place of E. Rector. Do not allow this to be done. Hold everything as it is until peace and unity are attained, and then make all the changes you think proper; but not now--not now, by all manner of means.

I do earnestly beg you to keep your agencies as they were. They are good and true men, and popular and qualified with the tribes and their business. Restore and commission Elias Rector, superintendent; John Crawford, Cherokee agent; William Quesenbury, Creek agent; Samuel M. Rutherford, Seminole agent; and Matthew Leeper, Wichita agent; and if Cooper has resigned (which I fear is the case), appoint Richard P. Pulliam (who is the next best living man on earth for the place, I believe) as agent of the Choctaws. With this programme you will have peace and success; without it, no one can tell your troubles or our misfortunes on this frontier....--_Official Records_, first ser., vol. iii, 598.

[328] Dole to Robinson, April 9, 1861 [Indian Office, _Letter Book_, no. 65, 323].

[329] Dole to Rector, April 6, 1861 [--_ibid._, p. 317].

[330] General Files, _Southern Superintendency, 1859-1862_, G463.

[331] General Files, _Southern Superintendency, 1859-1862_, G463.

[332] Smith to Dole, May 4, 1861; Dole to Rector, May 9, 1861 [Indian Office, _Letter Book_, no. 65, p. 440].

[333] Johnson to Walker, June 25, 1861 [_Official Records_, first ser., vol. iii, 598].

[334] Caleb B. Smith to Dole, April 6, 1861 [General Files, _Southern Superintendency, 1859-1862_].

[335] Dole to Quesenbury [Indian Office, _Letter Book_, no. 65, p. 330]. In the middle of the summer, George A. Cutler became United States agent for the Creeks [_ibid._, no. 66, p. 200].

[336] Dole to Crawford [_ibid._, no. 65, p. 331].

[337] Rector to Greenwood, August 31, 1860 [_Letter Press Book_].

[338] November 27, 1860, he voted in the affirmative on a resolution against Lincoln's election and against the advisability of Arkansas members of Congress taking their seats during his administration [Arkansas House _Journal_, thirteenth session, 1860-1861, p. 234].

[339] On the thirteenth of June, when Crawford wrote, resigning his commission, he said in extenuation of his conduct,

I only accepted through the influence of friends knowing then the Cherokee Indians was Southern in their feelings and did not wish a Northern man sent among them to act as Agent & as the Government of the Southern Confederacy has in their wisdom thought best to take charge of all the Indian Tribes south of Kansas and the Indians all being anxious to join in with the South and oppose to the bitter end the course now pursued by the Northern Government--I most respectfully decline acting as agent for the Cherokee Indians under the Administration of A. Lincoln.--CRAWFORD to Dole, June 13, 1861 [General Files, _Cherokee, 1859-1865_, C1376].

[340] Crawford to Dole, May 20, 1861 [_ibid._].

[341]

The excitement here is at an alarming pitch for the last few days I trust to God that those in power will do something to settle this interruption in the government and something must be done soon or War will ensue troops were drilling here last night at ten oclock, State troops, strong talk of attacking Fort Smith the President of the Convention has called the Convention to meet on the 6th day of May and the State will seceed if there is not something done immediately perhaps war will be commenced before you receive my letter though I trust not. I should very much to know that the North and South were engaged in a war, if you can do anything to have those troubles settled use your influence with the President in calling a national convention or something else to have peace....--CRAWFORD to Dole, dated Van Buren, April 21, 1861 [General Files, _Cherokee, 1859-1865_, C1044].

[342] Smith to Dole, April 20, 1861 [General Files, _Wichita, 1860-1861_, I320].

[343] Some slight account of the Wichita Agency and of Agent Leeper's defection has already been narrated. A number of documents elucidating the subject are to be found in the "Appendix."

[344] Dole to Elder, April 29, 1861 [Indian Office, _Letter Book_, no. 65, pp. 390-391]; Mix to Elder, August 22, 1861 [_ibid._, no. 66, pp. 283-284].

[345] See, for instance, Stockton to Usher, February 20, 1864 [General Files, _Southern Superintendency, 1863-1864_].

[346] See Isaac Coleman, United States Indian agent, to Superintendent Elijah Sells, a copy of which letter is retained in the Office of Indian Affairs, the original having been sent to the office of the United States attorney-general, October 10, 1865.

[347] Commissioner of Indian Affairs, _Report_, 1865, pp. 310, 345.

[348] The reference is, presumably, to a portion of the money that the United States government had allowed the Choctaws in satisfaction of claims arising under the treaties of 1830 and 1855 [Act of March 2, 1861, U. S. _Statutes at Large_, vol. xii, 238]. The episode of the Corn Contract was directly connected with the expenditure of the money. For documents bearing upon it, see Land Files, _Choctaw, 1874-1876_, Box 39, C1078, particularly documents labelled "N," "O," and "P." Document "N" is a communication from Albert Pike to the General Council of the Choctaw Nation, received at the June session, 1861, and is most interesting as showing how Pike mixed up private and public business and, indeed, gave to private the preference.

FRIENDS AND BROTHERS: You are aware that since the year 1854 M{r} John T. Cochrane and myself, aided by Col. Cooper your agent and by your delegates, have been engaged at Washington in prosecuting the just claims of your people under the treaty of 1830 before the Government of the United States.

We have succeeded in procuring a final award of the Senate, giving you the net proceeds of all the lands which you ceded by that treaty, and a Report from the Committee of Indian Affairs, estimating the sum due you at over two millions three hundred thousand dollars.

At the last session of Congress, we succeeded in procuring an appropriation on account of this debt of $250,000 in money and $250,000 in bonds of the United States.

Owing to the unfortunate difficulties between the Northern and Southern States, one hundred and thirty-eight thousand dollars, only, of the sums, has been paid, $135,000 of which was placed in your Agent's hands, ostensibly to purchase corn; and most of it remains unexpended.

Towards my expenses while prosecuting your claims and towards my fee, I have received the sum of sixteen hundred dollars. My expenses alone, in four years have been five thousand dollars.

I have had to abandon my other business, to attend to yours: and unless some part of my compensation is paid, or my expenses repaid me, my property will have to be sold to pay my debts. I am entirely without money, and have you only to look to.

I have labored for you very faithfully; and am sure your Delegates will tell you that, but for me your claims would never have been allowed; and but for me, after they were allowed, the appropriation would not have been obtained.

The whole of the claims will be paid whenever peace is restored, either by the United States, or by the Confederate Southern States. I shall take it in charge and never desert you until all is paid.

I respectfully and earnestly request you to cause to be paid to me, out of the moneys now in the Agent's hands, for my expenses, and on account of my fee, such sum of money as you may think just and right; and which I hope will not be less than seven thousand five hundred dollars.

I also desire to inform you that I have been appointed by the President of the Confederate States, a Commissioner to your Nation, and all the other Nations and Tribes west of Arkansas; that I shall at the proper time come among you to counsel with you, and that I shall take your interests in charge, and see that your title to your lands, and all annuities, and other moneys due you by the United States are assumed and guaranteed by the Confederate States. On this you may implicitly rely; as it is the promise of one who never breaks his word.

Let your people therefore, and the Chickasaws remain perfectly quiet until the proper time arrives, and look to me for advice. If any emissaries from Arkansas come among you, hear them and say nothing. So it is that wise men do. The State of Arkansas has nothing whatever to do with you, and cannot protect you. The Confederate States are both able and willing to do so; and when they have guaranteed your rights, it will be time enough for you to act. Your friend

(signed) ALBERT PIKE.

Office of the National Secretary of the Choctaw Nation.

[Endorsement] I hereby certify that the foregoing is a true copy from the original letter from Albert Pike on file in the National Secretary's Office.

Given under my hand and official seal. Done at Chahta Tamaha, November 1{st} A.D. 1873.

(signed) JNO. P. TURNBULL, National Secretary Choctaw Nation.

[349] Pike's programme of operations is outlined in his letter to Toombs of May 29, 1861:

SIR: I leave this morning for Tahlequah, the seat of government of the Cherokee Nation, and Park Hill, the residence of Governor Ross, the principal chief. Since 1835 there have always been two parties in the Cherokee Nation, bitterly hostile to each other. The treaty of that year was made by unauthorized persons, against the will of the large majority of the nation and against that of the chief, Mr. Ross. Several years ago Ridge, Boudinot, and others, principal men of the treaty party, were killed, with, it was alleged, the sanction of Mr. Ross, and the feud is today as bitter as it was twenty years ago. The full-blooded Indians are mostly adherents of Ross, and many of them--1,000 to 1,500 it is alleged--are on the side of the North. I think that number is exaggerated. The half-breeds or white Indians (as they call themselves) are to a man with us. It has all along been supposed, or at least suspected, that Mr. Ross would side with the North. His declarations are in favor of neutrality. But I am inclined to believe that he is acting upon the policy (surely a wise one) of not permitting his people to commit themselves until he has formal guarantees from an authorized agent of the Confederate States. These I shall give him if he will accept them. General McCulloch will be with me, and I strongly hope that we shall satisfy him, and effect a formal and firm treaty. If so, we shall have nearly the whole nation with us, and those who are not will be unimportant. If he refuses he will learn that his country will be occupied; and I shall then negotiate with the leaders of the half-breeds who are now raising troops, and who will meet me at the Creek Agency on Friday of next week. Several of those living near here I have already seen.

On Wednesday of next week I will meet the chiefs of the Creeks at the North Fork of the Canadian. I will then fix a day for a council of the Creeks, and go on to meet the Choctaws at Fort Washita. When I shall have concluded an arrangement with them I will go to the Chickasaw Country, and thence to the Seminoles.

I hope to meet the heads of the Wichitas, Caddos, Iowas, Toncawes, Delawares, Kickapoos, and Reserve Comanches at Fort Washita. I have requested their agent to induce them to meet me there. The Creek chiefs have a council with the wild Indians, Comanches and others, high up on the North Fork of the Canadian, on the 10th proximo. I shall endeavor, through the Creek chiefs, to have an interview with the heads of the wild tribes at Fort Washita and induce them to come in and settle on the reserve upon the False Washita River near Fort Cobb.

As I shall be absent from this post some six weeks or more, it is not likely that I shall be able to give you frequent advice of my movements. There are no mails in the Indian country and I shall have to employ expresses when I desire to send on letters.

We shall have no difficulty with the Creeks, Seminoles, Choctaws, and Chickasaws, either in effecting treaties or raising troops. The greatest trouble will be in regard to arms. Not one in ten of either of the tribes has a gun at all, and most of the guns are indifferent double-barreled. I do not know whether the Bureau of Indian Affairs is a part of the Department of State, and of course whether this is properly addressed to you. I do not address the Commissioner because I understand he is on his way hither. The suggestions I wish to make are important and I venture to hope that you will give them their proper direction. I have already spoken of arms for the Indians. Those arms, if possible, should be the plain muzzle-loading rifle, large bore, with molds for conical bullets hollowed at the truncated end, which I suppose to be the minie-ball. Revolvers, I am aware, cannot be had, and an Indian would not pick up a musket if it lay in the road.

Our river is falling and will soon be low, when steam-boats will not be able to get above Little Rock, if even there. To embody the Indians and, collecting them together, keep them long without arms would disgust them, and they would scatter over the country like partridges and never be got together again. The arms should, therefore, be sent here with all speed.