Part 36

[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]