Part 37

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 coöperate 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 coöperation 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.

I understand that the Government proposes to equalize the pay of these Indian volunteers with that of other volunteers, but giving the chiefs an additional compensation. Each man will receive a blanket, and those not having arms of their own will be provided by the Government. Their subsistence will be the same as that provided in Revised Regulations No. 5, Section 39 of this Bureau, or the army subsistence, whatever that may be. Where any of the Indians, thus engaged, shall die or be killed whilst in service, their pay will be given over to their families--Indian Office, _Letter Book_, no. 67, pp. 211-212.

[549] --_Ibid._, 215-216.

[550] Farnsworth wrote on the 21st, acknowledging Dole's letter of the sixth and saying,

Its contents has been explained to two trusty Indians, who will keep the matter entirely secret until the time for public action comes. I have sent for the Indians to come in. I think they will all be here by the 30th or 31st of this month. I will enroll them as soon as possible. I think I shall be able to enlist about 150 vigorous warriors....--General Files, _Kickapoo, 1855-1862_, F335.

[551]