A history of the state of Oklahoma, Volume I, Part 19

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645

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relations. There should be a governor, and a territorial delegate should sit in the na- tional house of representatives. The con- federation was to be voluntary, and any tribe might withdraw when it saw fit.

"The confederation of the several tribes," declared the committee, "and the annual assembling of delegates of their own selec- tion in a common council, would be a pow- erful stimulant to improvement. . By giving them a representative in Con- gress they would feel that they were no longer considered inferior, strangers. .. A vigilant guardian would be placed over the administration of their affairs. . The present expensive system of agencies, sub-agencies, and superintendencies might be withdrawn as they became capable of managing their own affairs."

The Mexican war and the consequent extension of the American domain west- ward to the Pacific coast completely changed the situation of the Indian coun- try. Instead of being on the extreme limits of our possessions, lying as an outside frontier across which there was small in- centive to induce the homeseeker to emi- grate, as a result of the Mexican cession the Indian country suddenly became a for- bidden land interposed between the prosper- ous east and the new El Dorado, with its unbounded possibilities on the west. Co- incident with the acquisition of the Cali- fornias came the discovery of gold, which more than any other single cause in Ameri- can history stimulated westward expansion. Up to this time the commerce with Mexico over the Santa Fe trail, and the trade with the Indian tribes, had afforded the principal incentives for white men to enter and cross the Indian country. But with the rush to California and the Oregon emigra- tion of about the same time, the domain of

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the Indians was traversed in all directions by the hosts of emigrants bound for the west.

Next in time, if not in importance, came the agitation for new states west of Mis- souri, resulting from the compromise of 1850 and the repeal of the Missouri com- promise, and the contest between the free and slave states in occupying this territory and forming states that would become pol- itical instruments in deciding the great issues then pending before the nation.

Two new factors were thus introduced in the Indian situation. The movement of vast bodies of population to the west and the free-state contest were the causes lying behind the events that are to be considered in this portion of the history, and that re- sulted in a consolidation of tribes and a delimitation of the Indian country until, within a few years after the close of the Civil war, the "Indian Territory" had be- come a definite geographical area, designed for the home of all the Indian inhabitants of the United States.

The opening of a portion of the Indian country and centralization of some of the minor tribes had been suggested by the com- missioner of Indian affairs during the forties. In his annual report of November, 1850, the commissioner affirms his advocacy of a policy which, by a partial change in the relative position of the tribes, would "throw open a wide extent of country for the spread of our population westward, so as to save them from being swept away by the mighty and advancing current of civilization which has already engulfed a large portion of this hapless race." The commissioner refers to the outlet to the west by the southern route through Texas, but calls attention to the necessity of an overland route at a higher latitude, and suggests for that purpose the vacating of lands between the Sioux terri-

tory and the Kansas river, where were some tribes to whom their treaties did not guar- antee lands in perpetuity.

In this is seen the beginning of the move- ment, caused partly by the natural pressure of population to the west and partly by the desire for new areas from which could be carved free or slave states, which in a few years led to the Kansas-Nebraska bill and the formation of two territories out of the former Indian country.

Senator S. C. Pomeroy of Kansas on No- vember, 15, 1862, presented a memorial to the interior department, in which he rep- resented "that there is a strong and increas- ing anxiety on the part of the white set- tlers, which is also shared to a considerable extent by the enlightened and civilized In- dians of our frontier states, for the removal and consolidation of the small tribes into one general distinctive Indian country, where all the tribes may be concentrated in one settlement He followed this with eight reasons in support of such a policy. In referring to this memorial, Indian Commissioner Dole upheld its chief points and noted that he had advocated a like plan in his previous annual report.

The policy of the government in dealing with the Indians for their lands after the war was recommended, substantially as later carried but, by the commissioner of Indian affairs in his report of November, 1864. He says: "The territory south of Kansas and west of Arkansas, heretofore known as the 'Indian country' embraces seventy-five thousand square miles. The total number of the tribes inhabiting this country prior to the rebellion, according to the best data now available, was in the neighborhood of seventy thou- sand, or less than one to. each square mile. . It is perfectly evident that the area of the country is

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vastly in excess of the necessities of the Indians by whom, in virtue of various trea- ties, it was owned at the commencement of the war. Under the operations of the war the relations of these people to the general government have been very materially changed. Very many of them have united their fortunes with the rebels, while many more, and it is believed a majority, have remained steadfast in their loyalty and in the observance of their treaty stipulations. In the readjustment of our relations with these people, which must necessarily occur at the close of the war, the former class should meet with the condemnation their conduct so justly deserves, and the latter should be treated with the most generous consideration; but it can be no wrong to either class that they should be required to receive within the limits of their country other tribes with whom they are on friendly terms. The tribes now located in Kansas and Nebraska and it may be some others, are on friendly terms with those of the 'Indian country,' excepting so far only as their friendship may have been interrupt- ed by the war. . . . The 'Indian country' is not encroached upon to any appreciable extent by white settlements, and is well adapted by climate, soil and location to sup- port a large population of these people. I feel that I cannot too strongly urge the importance of preserving the 'In- dian country' for the use of Indians alone, and in all treaties or other arrangements which may hereafter be made with its for- mer owners, insisting upon, and if need be enforcing, such terms as will secure ample homes within that country for all such tribes as from time to time it may be found practicable and expedient to remove there- to." The reasons here expressed for obtain- ing the consent of the Indian tribes to a cession of portions of their lands were

clearly to obtain land upon which other Indians might be settled, and if there was any intention at that time to open such ceded lands to public settlement it was one of those ulterior purposes that are accom- plished under the mask of more convenient and more generous means.

That the treaties finally concluded in 1866 were the result of pre-arrangement and of plans that had been considered for some years previously, is indicated by an unratified agreement made with the loyal Creeks who were in the refugee camp at the Sac and Fox agency in Kansas in 1863. The officials of the Indian department had concluded a treaty with this portion of the tribe by which they ceded, for the use of other Indians to be moved on to the lands, all their country north of the Arkansas river, for a distance of forty miles from the east boundary of the Creek Nation. The price fixed for this cession was $200,000. This land, it should be noted, belonged to the rebel half-breeds of the Creek Nation. This agreement is not mentioned in any of the subsequent records, and was merely an incident of the rebellion, noteworthy only because it shows the policy of the govern- ment with regard to the concentration of the tribes within the territory originally granted to the five civilized nations.

The destructive effects of the Civil war upon the Indian tribes were turned into in- struments of persuasion by the government in securing the cessions needed for the location of tribes from other states in Indian Territory. It would have required, prob- ably, greater financial inducements and long continued negotiations, to gain the consent of the Cherokees and other civilized tribes to 'a partition of their patented lands, had they been an undivided and prosperous peo- ple such as they were before the war. The commissioner of Indian affairs in 1864

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reported that he had been unsuccessful in his negotiations with the Cherokees for the cession of a part of their lands upon which to locate the Delawares from Kansas. But, he continues, "recent information, of an unofficial character, has led me to believe that further negotiations would be attended with better success. The fortunes of war have greatly impoverished this tribe, and as a means of in some degree relieving them from their pressing wants, and enabling them to resume their former vocations, I respectfully suggest the propriety of pur- chasing from them the tract of country they now own within the state of Kansas, known as neutral lands. This tract of land is rep- resented as being very desirable for the purpose of settlement, and it is understood that the loyal Cherokees are willing to dis- pose of it on very favorable terms."

A quotation from the contemporary press will indicate some phases of the Indian pol- icy at the close of the war, especially with reference to territorial organization. The Nation, in its issue under date of February I, 1866, said: "Among the propositions which for some years past have been grow- ing upon the attention of public men, is one providing for the organization of the country south of Kansas into a territory with a proper form of civil government. . . . In the provisional treaties made at Fort Smith, the idea of an original Indian Territory was kept in view. Conditions were made for the purchase of land for the settlement of civilized tribes from Kansas or elsewhere as fast as arrangements could be made. The western portion of the ter-

. The commissioner of Indian affairs, July 12, 1867, in response to an inquiry from the senate relative to Indian hostilities on the frontier, recommended "that a large territory be set apart south of the south line of Kansas, and west of Arkansas, including the present Indian Territory

ritory can and will be used for the hunter tribes. . . . All the hunter Indians south of the North Platte and east of the mountains could be readily concentrated into the western half of the territory, espe- cially if the parallelogram of Texas, known as 'Young's Territory,' running between that state and New Mexico to within half a degree of the Kansas state line, could be added thereto." This last mentioned scheme is interesting, since it is not generally known that the addition of a large block of Texas territory to the Indian country was ever seriously entertained.+

"A bill has been introduced into Con- gress," continues the article from the Na- tion, "providing for the organization of a territorial government. Should it become a law, as is likely, we shall see a worthy at- tempt made to enable the Indian to per- petuate his existence . . . as a part of our common country, and entering at the proper time the family of states. In con- nection with it, provision should be made for as early an abolition of tribal distinc- tions as can be brought into practical effect. Further, while indiscriminate trading should not be allowed, measures ought to be adopted looking to the abandonment of the present system of licenses."

Under an act of Congress July 20, 1867, "to establish peace with certain hos- tile Indian tribes," an Indian peace com- mission was appointed, and visited, in the performance of their duties, the wild tribes of western Indian Territory. In the state- ment of the objects of this commission are some interesting facts revealing the pur-

and the country known as the Staked Plains of Texas, and so much of New Mexico as may be necessary, for the exclusive occupation and ulti- mate home of all the Indians south of the Platte and east of Arizona."

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poses of the government at that time con- cerning the Indian problem.5

One of the objects of the commission was "to secure, as far as practicable, our frontier settlements, and the safe building of our railroads looking to the Pacific;" and another was, "to suggest or inaugurate some plan for the civilization of the In- dians." In the passage of the act was in- dicated, so the commission believed, the intention of Congress to collect at some early day all the Indians east of the Rocky mountains on one or more reservations.

The commission met the Kiowas, Chey- ennes, Arapahoes, Comanches and Apaches at Medicine Lodge, near Fort Larned, and as a result formulated the treaties by which those tribes were given definite locations in Indian Territory. "Since October, 1865," the commission asserted, "the Kiowas, Co- manches and Apaches have substantially complied with their treaty stipulations entered into at that time."

The commission, in its report, reviewed the Indian hostilities east of the Rocky mountains during recent years, told of the friction between the white and Indian races, the injustice too frequently committed by Americans in dealing with the Indian occu- pants, and recommended some measures for the uplift and improvement of the tribes. After exhibiting the harshness and barren- ness of results that accompanied the policy

' Report of Indian Peace Commission, Jan. 7, 1868. Exec. Doc., 2d Sess., 40th Cong.

" The government later endeavored to obtain

of Indian removal, the commission con- cluded that but one resource remained to be tried, with honor to the nation, "and that is to select a district, or districts of country, .

. on which all the tribes east of the Rocky mountains may be gathered. For each district let a territorial government be established, with powers adapted to the ends designed. The governor should be a man of unquestioned integrity and purity of character .

. . agriculture and manu- factures should be introduced among them as rapidly as possible; schools should be established which the children should be required to attend; their barbarous dialects should be blotted out and the English lan- guage substituted," etc.

The commission recommended the selec- tion of two territories (the second being north of Nebraska). In the first territory (Indian Territory) the commission calcu- lated on concentrating within a few years the following tribes: Cherokees, Creeks, Choctaws, Chickasaws, Seminoles (the five civilized tribes already there), Osages, Wichitas (and affiliated bands), Kiowas and Comanches, Cheyennes, Arapahoes and Apaches, Pottawotomies, Kansas Indians (various tribes), and Navajoes of New Mexico.º Eventually, as it turned out, prac- tically all these Indians were located in In- dian Territory.

a part of the Cherokee lands for the Navajoes, but the Cherokees rejected the proposition on the ground that the Navajoes were not civilized In- dians within the meaning of the treaty.

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CHAPTER X

. THE TREATIES OF 1866.

the hand of fellowship to all nations of In- dians.

"Resolved further, that the said execu- tives be requested and authorized to com- municate the wishes and intentions of this grand council to the proper authorities of the Cherokee, Seminole, Creek, Osage and other nations of the Indians now in alliance with the government of the United States, and at hostilities with these nations, and to invite the said Cherokee, Seminole, Creek, Osage and all other nations of Indians to become parties to this confederation and to co-operate with this council in its efforts to contract anew friendly relations with the United States government."

Continuing, the resolutions directed that commissioners be selected from the various tribes to go to Washington and "negotiate such treaties as the exigencies of affairs may seem to demand," such treaty not being binding until ratified by the national coun- cils of the respective tribes.1

It was at first contemplated to allow these delegates to come to Washington, but subsequent correspondence resulted in the designation of a board of commissioners to proceed to the Indian country and meet them at Fort Smith. The commission com- prised the following persons : D. N. Cooley, commissioner of Indian affairs; Elijah Sells, superintendent southern superintend- ency ; Thomas Wistar, a leading member of " From "War of the Rebellion," Ser. I, Vol. XLVIII, Pt. II. p. 110.

Preliminary to the important treaties that were signed with the principal tribes of the Indian Territory in 1866, mention should be made of the resolutions adopted by the grand council of Indian tribes, held at Camp Napoleon, May 24, 1865. The resolutions passed at that time were discussed and their objects again stated in the grand coun- cil which was held at Cleata Yamaha, in the Choctaw Nation, June 15, 1865. These resolutions are important as foreshadowing the subject matter of the treaties later made by the government with the five civilized tribes. "Whereas at the grand council held at Camp Napoleon on the 24th day of May, 1865, the Cherokees, Choctaws, Creeks, Chickasaws, Seminoles, Comanches, Cad- does, Osages, Cheyennes, Kiowas, Arapa- hoes, Lipans, the Northern Caddoes, and Anadarkoes, did enter into a solemn league of peace and friendship; and

"Whereas the object of this confederation of these Indian nations is to maintain the integrity of the Indian Territory as the present and future home of our race, to preserve and perpetuate the national rights and franchises of the several nations, to cultivate peace, harmony and fellowship.

"Resolved by the grand council of the united nations of the Indian Territory, that the principal chiefs and governors of the nations here represented constitute a com- mittee who are requested and authorized to extend, in the name of this confederation,

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the Society of Friends; Brigadier General W. S. Harney, and Col. Ely S. Parker, of General Grant's staff.

The council assembled at Fort Smith, Sep- tember 8, 1865, and delegates were present in the course of the sittings representing the Creeks, Choctaws, Chickasaws, Chero- kees, Seminoles, Osages, Senecas, Shaw- nees, Quapaws, Wyandottes, Wichitas and Comanches. Immediately upon the opening of the proceedings, the tribes were informed generally of the object for which the com- mission had come to them; that they, for the most part, as tribes, had, by violating their treaties, forfeited all rights under them, and must be considered as at the mercy of the government; but that there was every disposition to treat them le- niently, and above all a determination to recognize in a signal manner the loyalty of those who had fought upon the side of the government and endured great suffer- ings on its behalf. On the next day the delegates were informed that the commis- sioners were empowered to enter into treat- ies with the several tribes upon the basis of the following propositions : .

Ist. That each tribe must enter into a treaty for permanent peace and amity among themselves, each other as tribes, and with the United States.

2d. The tribes settled in the "Indian country" to bind themselves, at the call of the United States authorities, to assist in compelling the wild tribes of the plains to keep the peace.

3d. Slavery to be abolished, and meas- ures to be taken to incorporate the slaves into the tribes, with their rights guaranteed. 4th. A general stipulation as to the final abolition of slavery.

5th. A part of the Indian country to be set apart, to be purchased for the use of such Indians, from Kansas or elsewhere, as the government may desire to colonize therein.

6th. That the policy of the government to unite all the Indian tribes of this region into one consolidated government should be accepted.

7th. That no white persons, except gov- ernment employes, or officers or employes of internal improvement companies author- ized by the government, will be permitted to reside in the country, unless incorporated with the several nations.

The business of the council was to treat with the Indians on the subject of these propositions, but a large part of the pro- ceedings during the thirteen days of con- ference were taken up by the explanations by the different delegations of the manner in which the nations became involved with the Confederate government. Also, there was some confusion, on the part of the Indians, as to the purposes of their meet- ing in general council, and on these grounds, or as a pretext for delay, several delegations claimed that they were not properly authorized to enter into any bind- ing treaties with the United States covering the points proposed by the commission. It became evident that no final treaties could be concluded with the tribes represented for the reason that, until the differences be- tween the loyal and disloyal portions were healed, there could be no satisfactory rep- resentation of most of them. It was there- fore determined to prepare for signature by the commission, and by the delegates, representing all factions and opinions, a preliminary treaty, pledging anew, on be- half of the Indians, allegiance to the United States, and repudiating all treaties with other parties ; and on the part of the United States agreeing to re-establish peace and friendship with them. This was considered essential as preliminary to the main busi- ness of the commission. This plan was car- ried out, the preliminary treaty having been presented in the council on September 10.

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and on the breaking up of the conference all of the delegates representing the follow- ing tribes and sections of tribes, in the or- der given, had signed (some of them hold- ing out several days until they could agree among themselves) : Senecas, Senecas and Shawnees, Quapaws, loyal Seminoles, loyal Chickasaws, loyal Creeks, Kansas, Shaw- nees (uncalled for, but asking to be per- mitted again to testify their allegiance), loyal Osages, tribes of the Wichita agency, loyal Cherokees, disloyal Seminoles, dis- loyal Creeks, disloyal Cherokees, disloyal Osages, Comanches, disloyal Choctaws, and Chickasaws.2

The commission succeeded in restoring friendly relations between the members of

"Articles of agreement entered into, this thir- teenth day of September, 1865, between the com- missioners designated by the president of the United States and the persons here present rep- resenting or connected with the following named nations and tribes of Indians located within the Indian country, viz .: Cherokees, Creeks, Choctaws, Chickasaws, Osages, Seminoles, Senecas, Senecas and Shawnees and Quapaws.

Whereas, the aforesaid nations and tribes, or bands of Indians, or portions thereof, were induced by the machinations of the emissaries of the so- called Confederate States to throw off their al- legiance to the government of the United States, and to enter into treaty stipulations with said so-called Confederate States, whereby they have made themselves liable to a forfeiture of all rights of every kind, character, and description which had been promised and guaranteed to them by the United States; and whereas, the government of the United States has maintained its supremacy and authority within its limits; and whereas, it is the desire of the government to act with mag. nanimity with all parties deserving its clemency, and to re-establish order and legitimate authority among the Indian tribes; and whereas, the under- signed representatives or parties connected with said nations or tribes of Indians have become satisfied that it is for the general good of the people to reunite with and be restored to the relations which formerly existed between them and the United States, and as indicative of our per- sonal feelings in the premises, and of our several nations and tribes, so far as we are authorized and empowered to speak for them; and whereas,

the various tribes hitherto at variance, ex- cept in the case of the Cherokees. The ancient feuds among this people were well- nigh irreconcilable. The Ridge faction was ably represented in the council by E. C. Boudinot and others. Having learned from the actions of those representing the loyal party that if they came back it must be as beggars and outlaws, they asked the protec- tion and good offices of the commission. Efforts were then made on the part of the commission to effect a reconciliation, but all that could be brought about was a prom- ise upon the part of those representing the loyal party to present the question to their council.

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A history of the state of Oklahoma, Volume I, Part 19

Author: Hill, L. B. (Luther B.) Publication date: 1908 Publisher: Chicago : Lewis Pubishing Company Number of Pages: 645

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645