USA > Oklahoma > A standard history of Oklahoma; an authentic narrative of its development from the date of the first European exploration down to the present time, including accounts of the Indian tribes, both civilized and wild, of the cattle range, of the land openings and the achievements of the most recent period, Vol. I > Part 36
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"The condition of the Seminole Indians under my charge has been very much improved since the date of my last annual report. At that time a large majority of them were refugees in camp on the west bank of the Arkansas River, nearly 150 miles from the country that had been provided by treaty concluded the 21st day of March, 1866. On my return from Washington to the temporary agency at Fort Gibson, on the 1st day of October, 1866, I found
7 The account of the intrusion of the lawless freedmen and of the organization and operation of the Vigilance Committee in the Choctaw and Chickasaw nations is based upon information secured by the writer from authentic sources among the members of the Choctaw tribe.
8 Annual Report of the Commissioner of Indian Affairs, 1867, pp. 327, 328.
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them all in camp, eager to go to their new country, but without any means whatever to enable them to reach their future home. They were removed to their new reservation during the month of October and were furnished with rations of corn and beef, in accordance with the provisions of their late treaty, until their crops could be raised and matured, as they were in a country where no crops could have been grown, and the preceding year had been spent in a refugee camp, without the means to raise anything for subsistence.
"They at once commenced the erection of cabins and providing themselves with suitable places for winter. The land on which . they were located was new, uncultivated and for the greater part covered with timber. On this land and without any farming imple- ments, except such as had been transported with them from Kansas and Fort Gibson, and without any seeds furnished them except corn, they were told that they must raise sufficient for their own subsistence after the first day of July, 1867, as the Government had determined to furnish no more supplies after that time. Using every exertion possible with the means at my command, I procured them sufficient axes, wedges and other tools, so that each band could fence a field in common. During the winter they made more than 100,000 rails; some bands of 100 persons fencing 500 acres, by carrying the rails on their backs. The accompanying statistical report will show that, notwithstanding all the discouraging circum- stances that surrounded them, they raised more than 110,000 bushels of corn and a correspondingly large amount of vegetables and garden produce. By a system of government enforced by the chief and headman, every man and woman was compelled to work; and any neglect on the day appointed was visited with a fine of $5.00 per day and the amount was immediately collected, even though it took the last blanket the person slept on, or the last penny in the family. There has been a large surplus of corn raised this year. They have been careful of the moneys paid them, and have invested all in their power in hogs and stock and the coming year will show a prosperous, contented people."
During their first year on their new reservation the Seminoles suffered from an epidemic of Asiatic cholera, which caused nearly fifty deaths among them. At the same time (August, 1867) the same malady caused many deaths among the Cherokees, particu- larly at Fort Gibson. The Creek Indians were fortunately spared from such a visitation.
After getting settled once more in their homes, one of the first
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concerns of several of the Indian tribes was the re-establishment of their schools. The religious interests were also given due atten- tion and missionary work was resumed by the Baptist, Methodist (South) and Presbyterian churches among most of the tribes and, in the case of the Cherokees, by the Moravians also. The Mission- ary Society of the Methodist Episcopal Church, South, found itself in such straitened circumstances that there was talk of withdrawing support from the Indian Mission Conference, but Bishop Enoch M. Marvin personally assumed the responsibility of raising the money for its continued support.9
9 It appeared that in consultation with the members of the Con- ference (only seven of whom were present), or it may have oc- curred in the cabinet, these faithful men were greatly discouraged as there was no appropriation and no other probabilities of sup- port. It seemed impossible to continue the work. Abandonment of the work seemed to be the only course left for the preachers to pursue. This was the situation. It was a crisis. Either there must be a guarantee of support or the territory must be given up, aban- doned by our church as a field of labor. To prevent this action, Bishop Marvin stepped into the breach and gave his personal and individual pledge to pay $5,000 toward the support of the Mis- sion during the year, the amount as needed to be drawn on him as , the year advanced. This inspired the preachers with confidence and courage and they went to their work full of hope and cheer. A few days after this I heard Bishop Marvin make in substance the statement given above. He was then taking up a collection in be- half of this Mission. Some $200.00 or $300.00 was realized, of which the Bishop gave $50.00 himself. From the church papers it was learned that wherever the Bishop went he presented the claims of the (Mission) Conference, taking collections at every place where he preached. That the $5,000.00 was paid, there can be no doubt, but how much of it came out of the Bishop's individual pocket will probably never be known in this world .- F. M. Moore, in " A Brief History of the Indian Mission Conference," pp. 56, 57.
1
CHAPTER XLII THE FIRST PEACE NEGOTIATIONS
PEACE COUNCIL AT FORT SMITH
The peace council convened at Fort Smith, Arkansas, September 8, 1865. The Government was represented by a commission con- sisting of the following persons, namely, D. N. Cooley, commis- sioner of Indian Affairs; Elijah Sells, superintendent of Indian Affairs for the Southern Superintendency ; Gen. William S. Harney, of the army; Thomas Wistar, of Pennsylvania; and Col. Ely S. Parker, of General Grant's staff.1
When the council first convened only the representatives of the tribes and parts of tribes which had adhered to the Federal Govern- ment during the war were present. Of these there were eleven delegations, though not all of them were authorized and empowered by their people to assume the responsibility of entering into new treaties. The tribes and parts of tribes thus represented were the Creek, Osage, Quapaw, Seneca, the federated Seneca and Shawnee, Cherokee, Seminole, Shawnee (from Kansas), Wyandotte (from Kansas), Chickasaw and Choctaw. There was also a strong lobby of politicians from Kansas.2
1 Colonel Parker was a full-blood Seneca Indian and a chief of the Iroquois Six Nations of New York. He was a highly educated man, being a civil engineer by profession and also well versed in law. He served on the staff of General Grant throughout the Civil war and was brevetted a brigadier general at its close. He subse- quently served as commissioner of Indian Affairs under the Grant administration.
2 Milton W. Reynolds, who was present at the Fort Smith peace council as a representative of the New York Tribune, in writing of the incident twenty-five years later ("History of Oklahoma," by Marion Tuttle Rock, pp. 8-13), said: "The Indians were told that the war had ended, peace had been proclaimed; that the work of reconstruction and rehabilitation was now being carried on between the North and the South and that the former relations of the semi- civilized tribes with the Government must be restored; that they had gone into rebellion and had consequently forfeited all treaty
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The council was called to order by Commissioner Cooley, who was the chairman of the Government commission. Rev. Lewis Downing, acting principal chief of the Cherokee Nation and late lieutenant colonel of the Third Indian Home Guard regiment, invoked the blessing of the Great Spirit upon the deliberations of the council, after which Mr. Cooley delivered the opening address on behalf of the Government commissioners. This address was a formal announcement of the purpose for which the council had been convened and a brief review of the troubles and differences which it was hoped to be able to adjust and compose. In part he said :
"Portions of several of the tribes and nations have attempted to throw off their allegiance to the United States, and have made treaty stipulations with the enemies of the Government, and have been in open war with those who remained loyal and true, and at war with the United States. All such have rightfully forfeited all annuities and interests in the lands in the Indian Territory ; but with the return of peace, after subduing and punishing severely in battle those who caused the rebellion, the President is willing to hear his erring children in extenuation of their great crime. He has authorized us to make new treaties with such nations and tribes are as willing to be at peace among themselves and with the United States.
"The President has been deeply pained by the course of those who have violated their plighted faith and treaty obligations by engaging in war with those in rebellion against the United States. He directs us to say to those who remain true and who have aided
rights. But the Government, the commissioners said, was not disposed to deprive them of a home; that their red brothers who had remained loyal must be provided with homes; that the persons they had recently sold as slaves must be declared freedmen and have the same rights as themselves if they chose to remain mem- bers of the tribe; and that, consequently, their former reservations, if restored to them, must be curtailed and restricted in order that the loyal red brethren in the north, inhabiting Kansas, Nebraska and Dakota might have homes among them. It was largely a Kan- sas idea and prominent Kansas men were there to enforce it. Gen- eral Blair, Hon. Ben McDonald (brother of Senator McDonald, of Arkansas), General Blunt, Eugene F. Ware, C. F. Drake, the Fort Scott banker, and others were present as persistent inside counsel- lors and lobbyists. Kansas was then plastered all over with Indian reservations. She wanted to get rid of the Indians, who owned all of her western plains and the choicest lands in Southern Kan- sas.''
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him in punishing the rebels, he is well pleased with you, and your rights and interests will be protected by the United States. The President directs us to express to you the hope that your dissen- sions may soon all be healed, and your people soon again united, prosperous and happy.
"We are now ready to hear anything you may wish to say in reply."
The responses to this address by the representatives of the various tribes were very brief and informal. Most of them stated that some time would be required for consultation and deliberation before making formal replies. In the afternoon session of the first day brief addresses were delivered by representatives of some of the tribes but, apparently, there was much confusion in the minds of some of the delegates as to the purpose for which the council had been called. When the council reconvened the next day, the chair- man of the Government commission again addressed the assembled delegations. In the course of this address, he enumerated nine different tribes and federated bands which had entered into treaties with the Confederate States. Apparently, all of the people of each of these various tribes and bands were to be held to account, regardless of whether they were all or in part attached to the cause of the Union during the war which followed. He then made known the terms upon which new treaties might be made, the stipulations being as follows:
"(1) Each tribe must enter into a treaty of permanent peace and amity with themselves, each nation and tribe, and with the United States.
"(2) Those settled in the Indian Territory must bind them- selves, when called upon by the Government, to aid in compelling the Indians of the Plains to maintain peaceful relations with each other, with the Indians in the Territory and with the United States.
"(3) The institution of slavery, which has existed among sev- eral of the tribes, must be forthwith abolished and measures taken for the unconditional emancipation of all persons held in bondage, and for their incorporation into the tribes on an equal footing with the original members, or suitably provided for.
"(4) A stipulation in the treaties that slavery or involuntary servitude shall never exist in the tribe or nation, except in punish- ment for crime.
"(5) A portion of the lands hitherto owned and occupied by you must be set apart for the friendly tribes now in Kansas or else- Vol. I-23
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where, on such terms as may be agreed upon by the parties, and approved by the Government, or such as may be fixed by the Government.
"(6) It is the policy of the Government, unless other arrange- ments be made, that all the nations and tribes in the Indian Terri- tory be formed into one consolidated government, after the plan proposed by the Senate of the United States, in a bill for organiz- ing the Indian Territory.
"(7) No white person, except officers, agents and employes of the Government, or of any internal improvement authorized by the Government, will be permitted to reside in the territory, unless formally incorporated with some tribe, according to the usages of the band."
Printed copies of these stipulations were furnished to the agents who had accompanied the various tribal delegations and they were instructed to see that the contents of the same were duly interpreted and explained so that all of the members might understand. The delegates were told that, under the act of Congress approved July 5, 1862, their lands and annuities had been forfeited. Yet, up to this time, all of the delegates present were men who had supported the cause of the Union. It was indeed small cause for wonder that these should sit silent with amazement at the ultimatum thus pre- sented, whereby, in most instances at least, it was virtually pro- posed to penalize all of the people of a tribe for the misdeeds or indiscretions of a anere faction.
It is to be noted that, by the terms of the seventh stipulation thus presented, no white person was to be permitted to live in the Indian Territory except Government officials or employes, or those employed by internal improvements (i. e., railroads) authorized by the Government, but there is nothing therein that could be construed as operating to prevent the settlement or colonization of negroes in the same territory. However, some of the Indians were quick to note this apparent oversight and to call attention to it. Though they might be coerced into giving their consent to the proposed tribal enfranchisement or adoption of their own freedmen (if not irreconcilably opposed to the fulfillment of such a plan), they were determined that the free slaves from the states should not be thrust upon them.
The Cherokee delegates representing that portion of the tribe which had sided with the Union took exception to the action of the Government commissioners in classing them with the tribes which had forfeited all interest in lands and annuities under the
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Act of July 5th, 1862. Their protest against such a course was put in the form of a paper, the text of which was as follows:
"The Cherokee delegation have already shown that they at this time are not authorized to make or sign a treaty; and we have also assured the honorable commissioners that whatever subjects are brought before us will be promptly reported to our national council and people Our attention is now particularly drawn to that part of your talk of Saturday in which, in enumerating the various tribes who have made treaties with the so-called Confederate States, and who thereby have forfeited lands, annuities and protection, the Cherokees are included, and this according to a law of Congress, of July 5, 1862. With all respect for the 'powers that be,' we earnestly plead 'not guilty ;' that we are not, have not been bona fide rebels ; that if, through the dire necessities of the times, we were compelled to commit an overt act, in which our only object was to gain time and to save the lives of ourselves and families, the sin does not lie at our door. We do not believe that we will be condemned without a hearing. Our treaties, from that of Hopewell, in 1785, to that of Washington, in 1846, all guarantee to us protection in these words : 'The United States agree to protect the Cherokee Nation from do- mestic strife and foreign enemies and against internecine wars be- tween the several tribes.'
"It is needless at this time to describe in detail our situation in the spring and summer of 1861. Suffice it to say that we were threatened with an invasion from Texas, received hostile communi- cations from the authorities and citizens of our neighbor, Arkansas. Treaties had already been formed with the tribes all around us. The military posts of Forts Smith, Gibson, Arbuckle and Washita were evacuated. They had already been abandoned previously and, at the commencement of the rebellion, there was no rallying point within reasonable distance at which 'loyalty to the Union' could find security. The solemn guarantee of protection stipulated in our treaties was to us a dead letter. There was not only danger, but a strong probability of annihilation. Shall we be blamed if, in this hour of darkness, gloom and intense anxiety, we should have adopted the only means that we could see to escape? The plan was proposed and agreed to that our tribe should seemingly acquiesce in the policy of the Confederate States-that we should make that treaty that lies on your table. But it was clearly, distinctly under- stood that, as soon as the safe opportunity offered, we would fly to our Father's house.
"If a lonely, unarmed traveler is beset on the highway by ruffians
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with daggers, he is willing to make any concessions, any promises- he is willing to sign any check on his banker for money, in order to escape. But, escaping to a place of safety, he has undoubtedly the right to repudiate all and every promise he may have made in the premises. We are that lone traveller. But, escaping to a place of safety, we at once in emphatic terms denied the binding force of that instrument by passing an act of repudiation, and also an act emancipating all slaves within our jurisdiction.
"We say that it was clearly and distinctly understood by us that as soon as the safe opportunity offered we would return to what we claimed to be our true allegiance, return to the waving of the stars and stripes.
"We made the attempt within three short months after the mak- ing that treaty, at the battle of the Verdigris, in which six com- panies of Colonel Drew's Regiment fought Colonel Cooper and drove him from the ground. The plan was not well concerted-we failed. We tried to find an opening at the battle of Pea' Ridge-we failed. And not until June, 1862, when Colonel Weir came in force on the west side of Grand River, did we find the opportunity long desired and sought. Colonel Weir received us kindly. We organized two regiments immediately, of over twenty-two hundred men, and went into the service for three years or during the war. We have engaged the enemy wherever found. We have endured the toils, privations, and hazards of the war, patiently, courageously ; have at all times been obedient to orders, until regularly and honorably discharged, the 31st day of May, 1865. We have participated in the battles of Spring River, Newtonia, Maysville, Cane Hill, Prairie Grove, Cabin Creek (twice), Fort Gibson, Honey Springs and Greenleaf. One- third of our men are dead. We do not bring up these things in the spirit of boasting but to show that we are in earnest; that we con- sidered that under the folds of the glorious flag of the Union was our home, and that we, as well as your people, would lay down our lives to defend it. In conclusion we refer you to the proclamation of Mr. Ross, dated the 27th of May, 1861, defining our real position, to which course we held up to the last moment.
"But if the fiat has gone forth; if this law of Congress of July, 1862, is like unto the laws of the Medes and Persians, it is use- less for us at this hour to waste words. We thank you for your kind attention."
Similar protests were presented by the Creeks and Seminoles who had been opposed to entering into treaties of alliance with the Confederate States. The Government commissioners replied to the
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statement of the Cherokee delegation with a detailed enumeration of charges against John Ross and the course which he pursued from August, 1861, until the arrival of Colonel Weer's command in the Cherokee country in the summer of 1862, but it paid no attention to the fact that the Cherokee council had repudiated the Confed- erate treaty and, as an evidence of its sincerity, had also passed an act emancipating the slaves in the Cherokee Nation, in February, 1863. The commissioners concluded by refusing to recognize the plea that had been made by the Cherokees who had fought for the Union. Although reiterating the assurance that the rights of the "loyal" Indians would be protected, the commissioners scem to have carefully avoided committing themselves as to just what was meant by that expression.
The protest of the Creeks who had followed Opothleyohola out of the territory was also a remarkably able statement. It was in part as follows :
"We wish you here to know how we were treated by the princi- pal chief and others that were in favor of negotiating or making a treaty with the so-called Confederate States in the year 1861. Most of the loyal leading Creeks, among whom was our present chief, Sands (Ok-tar-hars Har-jo), were sent out to the Plains to make a treaty of peace and friendship with the prairie Indians, and, while we were out on this mission, they made a treaty with the notorious Albert Pike, the commissioner on the part of the Confederate States-the very men who caused all the trouble we have had to endure. On our return home we found out, for the first time, the critical situation in which we were placed by these designing men, and that there was a convention called for the purpose of ratifying this diabolical treaty. Our present chief, and others now members of this delegation, were called upon to sign this treaty, which they refused to do, saying that they already had a treaty with the United States, which was good enough for our safety and that we could call upon our Great Father for protection, which had been granted us in our former treaties ; and as we could not agree, we withdrew from the said convention, and after that the treaty was ratified. * * We would here remark that, on yesterday, our red brothers in- formed us in their talks that they were compelled to yield, through fear and threats to the rebel element, and that they were surrounded by enemies. We were not so timid, but stood firm to our old and tried friends and protectors and were determined to resist even unto blood, and protect the lives of our men and those of our women and children; and, in accordance with a former treaty which we had
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made, we took measures to inform our father at Washington. After putting our women and children in charge of our leading men and warriors, our chief and others repaired to Washington, although the journey had to be commenced through an nnhabited country, and this for a distance of some hundreds of miles. On arriving there, face to face, we informed our Great Father of the situation that our country was in, and were informed by our Great Father that our treaties were and should be respected; and we were further assured that he would send help as soon as he could; and we think that all of the talk is on record at Washington. We were threatened with entire annihilation, and were compelled to leave our homes and all that we possessed in the world, and traveled north in hope of meet- ing our friends from the north. We were followed by a large force of rebel Indians and Texans, commanded by Col. D. H. Cooper, and, being closely pressed, we were compelled to halt and give them bat- tle; and, although their forces were far superior to ours, we drove them back and then resumed our journey north, and crossed the Arkansas and camped in the Cherokee Nation. The above men- tioned fight was known as the Red Fork fight. While we were in the last-named camp, the Battle of Bird Creek took place, which ended in Colonel Cooper being again driven off. We were attacked the third time by Generals McIntosh and Stand Watie with a large force of cavalry, and were completely routed and scattered, and a great many of our women and children were killed and captured, and we were scattered throughout the country, exposed to all the dangers of the western wilds, and the inclemency of the winter, and traveled to Kansas in blood and snow, not arriving there until the following spring. It would take volumes to relate minutely the sufferings we have endured.
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