Part 35

The passage above quoted [meaning one from Coffin's report of September 24, 1863--"They resisted the insidious influences which were brought to bear upon them by Rector, Pike, Cooper, Crawford and other rebel emissaries for a long time."] however does great injustice to all the parties named, particularly to Genl Cooper, who had no earthly connection with the Cherokees until several months after. Mr. John Ross made the treaty with the so-called Confederate States.--General Files, _Cherokee, 1859-1865_, B60.

[437] "Ross was overborne. It is said that his wife was more staunch than her husband and held out till the last. When an attempt was made to raise a Confederate flag over the Indian council house, her opposition was so spirited that it prevented the completion of the design."--Howard, _My life and experiences among our hostile Indians_, 100.

[438] For the entire address of John Ross, see _Official Record_, first ser., vol. iii, 673-675.

[439] _Official Record_, first ser., vol. iii, 675-676. A slightly incorrect copy of these same resolutions is to be found in vol. xiii, 499-500.

[440] John Ross and others to McCulloch, August 24, 1861 [_Official Records_, first ser., vol. iii, 673].

[441] Commissioner of Indian Affairs, _Report_, 1865. The Report of the Commissioner of Indian Affairs to President Johnson, February 25, 1866, in answer to the Cherokee protest against Chief Ross's deposition contains this statement:

As early as June or July, the exact date is not known, John Ross authorized the raising of Drew's Regiment, for the Southern army....

[442] McCulloch to Ross, September 1, 1861 [_Official Records_, first ser., vol. iii, 690].

[443] --_Ibid._; McCulloch to John Drew, September 1, 1861 [_ibid._, 691].

[444] In the course of the war, both inside and outside of Kansas, many instances occurred of Indians' expressing a wish to fight or of their services being earnestly solicited. In late April of 1861, a deputation, headed by White Cloud, came east and tendered to the United States government the services of some three hundred warriors, Sioux and Chippewas [Moore's _Rebellion Record_, vol. i, 43].

Agent Burleigh, in charge of the Yancton Sioux, asked permission to garrison Fort Randall with Indians [Commissioner of Indian Affairs, _Report_, 1861, p. 118]. The Omahas manifested great interest in the war, so their agent, O. H. Irish, reported [_ibid._, p. 65]. Towards the end of the struggle a young recruiting officer, who went among them, persuaded about thirty youths, mostly students at the Mission School, to enlist. Their terms had not expired when the war closed, so they were sent out as scouts to protect the Union Pacific Railroad, in course of construction from Denver to Salt Lake City, against the Sioux who were attacking workmen and emigrants. Even Senecas from the far away Cattaraugus Reservation, New York, offered to enlist [Dole to Strong, December 7, 1861, Indian Office _Letter Book_, no. 67, p. 129]; and so did the Pawnees from the great plains. The United States government, however, refused to accept the Pawnees for anything but scouts and, in that capacity, they proved exceedingly useful [Commissioner of Indian Affairs, _Report_, 1869, p. 472]. Winnebagoes were in the United States employ [Indian Office, _Report Book_, no. 13, pp. 276-277], as were also many individuals from other tribes. Some Indians became commissioned officers and a number were at the head of companies. Captain Dorion of Company B, Regiment Fourteenth Kansas Volunteers was an Iowa [_ibid._, 261] and Eli S. Parker on General Grant's staff was a Seneca.

After the Enrollment Act of March 3, 1863 [United States _Statutes at Large_, vol. xii, 731-737] was passed, several attempts were made to force the Indians to serve in the army but Mix, the Acting Commissioner of Indian Affairs, declared they were exempt from the draft [Letter to Agent D. C. Leach, September 4, 1863, Indian Office, _Letter Book_, no. 71, p. 354]. On the sixteenth of July, 1863, the United States War Department inquired very particularly as to the Indian eligibility for enrollment and Secretary Usher took occasion to instruct Mix that the respective agents should be

Directed to offer no resistance to the enrolling officers, after notifying said officers of the fact, that the tribe or tribes under their charge are composed of Indians who have not acquired the rights of Citizenship, but immediately upon being informed of the drafting of any member of his tribe, he will report the case to the Com{r} of Indian Affairs, for such action as may be necessary to procure the exemption of the Indians from military service.--Letter of Secretary Usher, September 12, 1863, _Miscellaneous Files_, 1858-1863.

[445]

The bearer has a train of goods at this point en route for the Indians on the western border of the State, containing quite a quantity of arms & ammunition.

There is great excitement in the community with reference to arming the Indians at the present time, as for several days past reports have come to us that our frontier settlements are in danger of attack from hostile Indians who are collecting in the neighborhood. I am daily importuned to send them aid. Also, report says, and it seems very reliable, that the Indians on our southern border are arming themselves against our citizens. In addition to these Indian rumors it is believed by many that these arms are in danger of falling into the hands of secessionists, before reaching their destination. Quite a number of that class of men have recently passed up this way (Topeka) and through Riley County. In this condition of affairs I do not think these arms & ammunition can be taken west without an escort, as the rabble will be almost certain to waylay them as soon as they get on the Pottawatomie Reserve. I can protect them while in this county & will do so, but cannot follow them. Would it not be well, if you have the authority, to direct the bearer to leave that part of his freight in charge of the U. S. Marshal, or in my charge, until there shall be a change of circumstances, or until further orders from Washington?

Although I would not undertake to oppose the action of Government in the matter and would not interfere unless it should be to prevent the property from falling into the hands of a mob, yet I do think under the circumstances it is very bad policy to arm the Indians on the border. I feel very sure from what I learn, they will be used against our citizens within three months time. I am ready to co-operate at all times with the U. S. authorities....--General Files, _Central Superintendency, 1860-1862_, B479. See also Branch's reply, May 23, _ibid._

[446] H. B. Branch to Mix, September 16, 1861, transmitting a letter from Agent Farnsworth of September 16, 1861, enclosing communications from Senator Lane, Captain Price, and others, "relative to organizing the Indians for the defense of the Government" [General Files, _Kansas, 1855-1862_, B774].

Headquarters K.B. Ft. Lincoln, Aug. 22{d} 1861.

To Indian Agents Sac and Foxes--Shawnees--Delawares--Kickapoos-- Potawatomies--and Kaws--Tribes of Indians

GENTS: For the defence of Kansas I have determined to use the loyal Indians of the Tribes above named. To this end I have appointed Augustus Wattles, Esq to confer with you and adopt such measures as will secure the early assembling of the Indians at this point.

If you have the means within your control I would like to have you supply them when they march with a sufficient quantity of powder, lead & subsistence for their march to this place, where they will be fed by the Government.

You can assure them for the Govt that they will not be marched out of Kansas without their consent--that they will be used only for the defence of Kansas.

I enjoin each of you to be prompt and energetic that an early assembling of said Indians at this point may thereby be secured.

J. H. LANE, Commanding Kansas Brigade. By ABRAM CUTLER, Acting assistant Adgt-Gen.

The danger is imminent. Hordes of whites & half breeds in the Indian country are in arms driving out & killing Union men. They threaten to overrun Kansas and exterminate both whites & Indians. It it rumored that John Ross, the Cherokee Chief is likely to be overcome unless he is assisted.

The Osages also need assistance. Gen. Lane intends to establish a strong Indian camp near the neutral lands as a guard to prevent forage into Kansas. He is very solicitous that you should come if possible with the Chiefs & see him at Ft. Lincoln on the Little Osage 10 miles south of Mound City.

If you do come, please bring all the fighting men you can, of all Kinds. Men are needed.

If you do not come, please authorise some responsible man to lead the Indians as far as Ft. Lincoln where Gen. Lane will receive them and give them a big war talk. Bring an interpreter. Expenses will be paid.

Congress will undoubtedly make suitable acknowledgements to the Kaws, as an independent nation, for any valuable services which they may render....

P.S. A Captain's wages will be given to any competent man whom you may appoint to take the lead of the band, provided there are fifty or more.--AUGUSTUS WATTLES to Major Farnsworth, dated Sac and Fox Agency, Kansas, August 25, 1861.

Wattles had evidently not yet heard of the Tahlequah mass-meeting. Postal connections with Indian Territory were, of necessity, very poor. Dole had recommended, May 29, 1861, to Secretary Smith a new postal route through southwest Missouri or southern Kansas instead of the old route through Arkansas [Indian Office, _Report Book_, no. 12, p. 170].

The Confederates were similarly embarrassed. On the twenty-seventh of May, the postmaster at Fort Smith had complained to the postmaster-general J. H. Reagan,

Enclosed please find letter of G. B. Hester (a Choctaw who was made quarter-master and commissary in the First Choctaw Regiment and, in 1865, "cotton agent for the Creek Indians who were at that time squatting in the Chickasaw Nation." See O'Beirne's _Leaders and Leading Men of the Indian Territory_) at Boggy Depot, C. N. You will see they are without mails in that country. For three weeks the mails for the Indian country have been accumulating in this office. I sent forward all the mail that could be packed on a single horse.... I cannot get men to carry the mail. They say they are afraid of being robbed or murdered.... Our neighbours, the Indians must suffer great inconvenience on account of the stoppage of mail facilities. All tribes are in favor of the South except the Cherokees. A little good talk would do them good, perhaps a little powder and lead might help the cause. Ross and his party are not to be relied on.--_Fort Smith Papers_.

Mayers wrote Reagan in a similar vein a month later, on June 26, 1861,

Our mails throughout the Cherokee, Choctaw, Chickasaw & Creek nations have all been stopped by the old mail carriers....--_Ibid._

[447] On August 26, 1861, Wattles wrote Farnsworth from Lawrence,

I wrote you a few days ago concerning the employment of the Indians in the defence of our frontier.

The necessity seemed imperative. But on hearing that the Commissioner of Indian Affairs was in Kansas and will probably see you--I think it best to say nothing to the Indians till he is consulted in the matter.

Gen. Lane has 60 miles of the Missouri border to guard, and an army of at least double his to hold in check, which employs all his force night & day.

Besides this, he has the Indian frontier on the south of about 100 miles. This he intends to intrust to the loyal Indians--I will add, if the Commissioner agrees to it.

The stay of execution was not of long duration, however; for, September 10, 1861, J. E. Prince sent Farnsworth from Fort Leavenworth a circular requesting immediate enrollment and an estimate of the strength of the loyal Indians.

[448] The conduct of Lane was presumptuous, arrogant, dictatorial; but he had interfered in yet other ways in Indian concerns. He must have had quite a hold, political or otherwise, over several of the agents and they appealed to him in matters that ought, in the first instance, to have been referred to the Indian Office and left there. Thus, in July, Agent F. Johnson had approached Lane on the subject of having Charles Journeycake appointed Delaware chief in place of Rock-a-to-wa deceased. Both Pomeroy and Lane endorsed the appointment but it was unquestionably entirely out of their province to do so. Tribal politics were assuredly no concern of the Kansas delegation in Congress.

[449] Dole had gone to Kansas in the latter part of August "to submit in person the amendments, made by the Senate at its last session, to the Delaware treaty of May 30, 1860" [Commissioner of Indian Affairs, _Report_, 1861, p. 11].

[450]

I find here your letter to the Agent of the Delaware, requesting _Fall Leaf_ to organize a party of 50 men for the service of your Department. _Mr. Johnson_ the Agent called the tribe together before I arrived here, and found the Chiefs unwilling that their young men should enter the service as you desired. Since my arrival I have seen the Chiefs and stated to them that the Government was not asking them to enter the war as a tribe but that we wished to employ some of the tribe for Special Service and wished the Chiefs to make no objection. I could not however get their consent even to acquiesce in their men Volunteering for the service as you desired, & _Fall Leaf_ and several of the tribe are here and determined to tender you their Services, with my consent. I have advised them that they are at Liberty to join you if they choose. _Fall Leaf_ says he will be able to report at Fort Leavenworth in a very few days with twenty to twenty five men. Should you require more men, you will have probably to call on some other tribe. Those men who volunteer against the advice of their Chiefs should be particularly remembered by the Gov't.--DOLE to Frémont, dated Leavenworth City, September 13, 1861 [Indian Office, _Letter Book_, no. 66, p. 485].

[451] --_Ibid._

[452]

I am instructed to acknowledge the receipt of your letter of the 13th inst., and to state that the Commanding General will accept with pleasure the services of Fall Leaf and his men.

Other tribes will be applied to immediately. I have written to the same effect to Mr. Johnson, at the Deleware Agency.--JOHN R. HOWARD, captain and secretary, to William P. Dole, dated Headquarters, Western Department, at St. Louis, September 20, 1861 [General Files, _Central Superintendency, 1860-1862_].

[453] F. Johnson to Dole, June 6, 1862 [General Files, _Delaware, 1862-1866_].

[454] Dole to Captain Fall Leaf, November 22, 1863 [Indian Office, _Letter Book_, no. 72, p. 109].

[455] Report to Dole, October 22, 1861 [Commissioner of Indian Affairs, _Report_, 1861, p. 50]; Report to Dole, September 17, 1862 [Commissioner of Indian Affairs, _Report_, 1862, p. 98].

[456]

I send you a letter to _General Fremont open_ that you may read and understand its object. _Fall Leaf_ will call upon you probably this afternoon and receive from you such information as you see proper to give him. I am disinclined to encourage the Indians to engage in this war except in extreme cases, as guides. I have in this case used my influence in favor of the formation of this Company, without any knowledge of the views of Gov't, supposing Gen{l} Fremont was a special need of them or he would not have made the request....--DOLE to Captain Price, dated Leavenworth, September 13, 1861 [Indian Office, _Letter Book_, no. 66, pp. 485-486].

[457] Letter of August 15, 1861 [Commissioner of Indian Affairs, _Report_, 1861, p. 39].

[458] General Orders, no. 23 [_Official Records_, first ser., vol. iii, 539].

[459] Villard says, as early as 1856, rivalry had developed between Robinson and Lane [_John Brown_, 108].

[460] Thomas to Frémont, October 14, 1861 [_Official Records_, first ser., vol. iii, 533].

[461] Lane to Lincoln, October 9, 1861 [_ibid._, 529].

[462] It would seem as if Lane were remotely responsible for the division of the Western Department into the Department of Kansas and the Department of Missouri. In his letter to President Lincoln of October 9, 1861, he described the good work that his Kansas Brigade had done and asked that, in order that it might be enabled to continue to do effective work, a new military department be created, one that should group together Kansas, Indian Territory, and so much of Arkansas and the territories as should be advisable [_ibid._].

[463] Ross's Address to Drew's Regiment, December 19, 1861 [Commissioner of Indian Affairs, _Report_, 1865, p. 355]; Letter of Albert Pike to D. N. Cooley, February 17, 1866.

[464]

"Chisholm" the well known interpreter has been sent to the Comanches, Creeks to the Osages--Matthews to the Senecas Quapaws &c. ...--ROBERTSON in a letter, dated St. Louis, September 30, 1861 [General Files, _Southern Superintendency, 1859-1862_, R1615].

... In the fall of the same year Albert Pike called a General Council of the same tribes to meet at Talloqua and in order to secure their attendance stated that John Ross was to make a speech ... he sent Dorn late U. S. Indian Agent to notify the Osages, Quapaws Senecas & Shawnees that there was to be a Council at Talloqua and that Ross was going to talk at the same time to tell them that the U. S. Government was breaking up--that they would get no more money and that they were about to send an Army to take their Negroes and drive them from the country and pointed to Missouri in proof of it, when the Council met at Talloqua instead of Ross the council was opened by Pike who told them "We are here to protect our property and to save our Country."...--BAPTISTE PEORIA.

Baptiste Peoria, in the spring and summer of 1862, went around as a secret agent of the United States government among the southern Indians finding out their real sentiments respecting the war. The report from which the above extract is taken is dated May 1, 1862, and is in General Files, _Osage River, 1855-1862_, B1430.

[465]

FORT SMITH, ARKANSAS, September 19{th} 1865.

In a talk held at the rooms of the Commission, with Commissioners Sells and Parker, the following statement was this day voluntarily made by Shon-tah-sob-ba ("Black Dog") the Chief of the Black Dog band of the Osage Indians, relating to a treaty with the so-called Confederate States. In answer to a question by Commissioner Sells, "How did you happen to be in this Southern Country?" Shon-tah-sob-ba (Black Dog) replied "I am glad you have asked that question, for I wish to make some statements in explanation. We came down here upon the invitation of John Ross, Principal Chief of the Cherokee Nation, who sent us a letter asking us to attend a Council for the purpose of making a treaty with Albert Pike"--

COMM{R} SELLS--Have you that letter now in your possession?

ANSWER: We don't know where the letter is. It was sent to Clermont, whose son had it in his possession when he died & we suppose it was buried with him. But I have it here in my head & will never forget it. John Ross, the Cherokee Chief, said in that letter, "My Bros. the Osages, there is a distinguished gentleman sent by the Confederate States who is here to make treaties with us. He will soon be ready to treat, and I want you to come here in order that we may all treat together with him. My Brothers, there is a great black cloud coming from the North, about to cover us all, and I want you to come here so that we can counsel each other & drive away the black cloud." This is all that he said & signed his name. All the Osages went. We were all there together, Pike, John Ross and I, sitting as you are. Pike told us he was glad that we had come to make peace & a treaty. All your other brothers have made treaties & shook hands, & if _you_ want to, you can do so too. I will tell you what John Ross said at the time. John Ross told us, "My Red Bros. you have come here as I asked you & I am glad to see you & hope you will do what the Commissioner wants you to do. The talk the Commissioner has made is a good talk & I want you to listen to it & make friends with the Confederate States. You can make a treaty or not, but I advise you, as your older brother, to make a treaty with them. It is for your interest & your good." After he finished talking, John Ross told us we could consult among ourselves over there (pointing to our camp near his residence) & decide among ourselves. We consulted on the matter, & on the request of John Ross we signed the treaty. He asked us to do it. He was the man that made us make that treaty, and that's how we came to be away from our country.

The above statement was endorsed by Wah-tah-in-gah, Chief Counselor of the Black Dog & Clermont bands of the Osage Indians.

The above is a correct statement as interpreted.

E. S. PARKER Com{r} GEO. L. COOK Ass't Sec{y}. ELIJAH SELLS Com{r}

Papers relating to the Council at Fort Smith, September, 1865, _Indian Office Files_.

[466] Commissioner of Indian Affairs, _Report_, 1865, pp. 353-354.

[467] These Creeks, of course, were the Upper Creeks, the anti-McIntosh Creeks, the following of Opoeth-le-yo-ho-la. Some of the confidence that Opoeth-le-yo-ho-la seems to have had in John Ross, in his discretion and in his integrity, may have dated from the days when John Ross had refused, as he must have refused, to share in the plan for a betrayal of his country, at the instance of William McIntosh. The following document will explain that circumstance:

NEWTOWN 21th October 1823

MY FRIEND: I am going to inform you a few lines as a friend. I want you to give me your opinion about the treaty wether the chiefs will be willing or not. If the chiefs feel disposed to let the United States have the land part of it, I want you to let me know. I will make the United States commissioner give you two thousand dollars, A. McCoy the same and Charles Hicks $3000 for present, and no body shall know it, and if you think the land wouldent sold, I will be satisfied. If the land should be sold, I will get you the amount before the treaty sign, and if you got any friend you want him to Receive it, they shall recd the same. nothing moore to inform you at present. I remain your affectionate Friend

WM MCINTOSH

John Ross--an answer return

NB. the whole amount is $12000. you can divide among your friends. exclusive $7000.

This letter is on file in the United States Indian Office and bears the following endorsement:

rec{d} on the 23{rd} Oct. 1823.

M{R} JOHN ROSS President _N. Committee_

Letter from Wm McIntosh to Mr John Ross read & exposed in open Council in the presence of Wm McIntosh Oct 24{th} 1823

J ROSS

[468] Letters to Dole, October 31, 1861 [Commissioner of Indian Affairs, _Report_, 1861, p. 42] and November 2, 1861 [General Files, _Cherokee, 1859-1865_, J503].

[469] Commissioner of Indian Affairs, _Report_, 1865, pp. 353, 354.

[470] _Official Records_, fourth ser., vol. i, 669-687.

[471] --_Ibid._, 636-646.

[472] --_Ibid._, 659-666.

[473] --_Ibid._, 647-658.