The Cherokee complaint took the form of a deliberate charge of

contemplated bad faith on the part of the Confederate government. E.C.

Boudinot, the Cherokee delegate in the Southern Congress, had recently

returned from Richmond, empowered to submit a certain proposal to his

constituents. The text of the proposal does not appear in the records

but its nature,[795] after account be taken of some exaggeration

attributable to the extreme of indignation, can be inferred from the

formal protest[796] against it, which was drawn up at Prairie Springs

in the Cherokee Nation about fifteen miles from Fort Gibson on the

twenty-first of June and signed by Samuel M. Taylor, acting assistant

chief, John Spears of the Executive Council, and Alexander Foreman,

president of the convention. To all intents and purposes the Cherokees

were asked, in return for some paltry offices chiefly military, to

institute a sort of system of military land grants. White people were

to be induced to enlist in their behalf and were then to

[Footnote 793: June 6, 1863, _Official Records_, vol. xxii, part

ii, 1120.]

[Footnote 794: June 24, 1863, Ibid., 1122-1123.]

[Footnote 795: Steele's letter to Kirby Smith, June 24, 1863

[Ibid., 883-884], gives some hint of its nature also.]

[Footnote 796:--Ibid., 1120-1122.]

be allowed to settle, on equal terms with the Cherokees, within the

Cherokee country. The proposal, as construed by Taylor and his

party, was nothing more or less than a suggestion that the Cherokees

surrender their nationality, their political integrity, the one thing

above everything else that they had sought to preserve when they

entered into an active alliance with the Confederate States. So sordid

was the bargain proposed, so unequal, that the thought obtrudes

itself that a base advantage was about to be taken of the Cherokee

necessities and that the objectors were justified in insinuating that

Boudinot and his political friends were to be the chief beneficiaries.

The Cherokee country was already practically lost to the Confederacy.

Might it not be advisable to distribute the tribal lands, secure

individual holdings, while vested rights might still accrue; for,

should bad come to worse, private parties could with more chance

of success prosecute a claim than could a commonalty, which in its

national or corporate capacity had committed treason and thereby

forfeited its rights. One part of the Cherokee protest merits

quotation here. Its noble indignation ought to have been proof enough

for anybody.

... We were present when the treaty was made, were a party to it,

and rejoiced when it was done. In that treaty our rights to

our country as a Nation were guaranteed to us forever, and the

Confederate States promised to protect us in them. We enlisted

under the banner of those States, and have fought in defense of

our country under that treaty and for the rights of the South for

nearly two years. We have been driven from our homes, and suffered

severe hardships, privations, and losses, and now we are informed,

when brighter prospects are before us, that you think it best for

us to give part of our lands to our white friends; that, to defend

our country and keep troops for our protection, we must raise and

enlist them from

our own territory, and that it is actually necessary that they are

citizens of our country to enable us to keep them with us. To do

this would be the end of our national existence and the ruin of

our people. Two things above all others we hold most dear, our

nationality and the welfare of our people. Had the war been our

own, there would have been justice in the proposition, but it is

that of another nation. We are allies, assisting in establishing

the rights and independence of another nation. We, therefore, in

justice to ourselves and our people, cannot agree to give a part

of our domain as an inducement to citizens of another Government

to fight their own battles and for their own country; besides, it

would open a door to admit as citizens of our Nation the worst

class of citizens of the Confederate States ...

XII. INDIAN TERRITORY IN 1863, JULY TO DECEMBER INCLUSIVE

Independence Day, 1863, witnessed climacteric scenes in the war

dramas, east and west. The Federal victories of Gettysburg and

Vicksburg, all-decisive in the history of the great American conflict,

when considered in its entirety, had each its measure of immediate

and local importance. The loss of all control of the Mississippi

navigation meant for the Confederacy its practical splitting in twain

and the isolation of its western part. For the Arkansas frontier and

for the Missouri border generally, it promised, since western commands

would now recover their men and resume their normal size, increased

Federal aggressiveness or the end of suspended. Initial preparation

for such renewed aggressiveness was contemporary with the fall of

Vicksburg and lay in the failure of the Confederate attack upon

Helena, an attack that had been projected for the making of a

diversion only. The failure compelled Holmes to draw his forces back

to Little Rock.

Confederate operations in Indian Territory through May and June had

been, as already described, confined to sporadic demonstrations

against Federal herds and Federal supply trains, all having for their

main object the dislodgment of Phillips from Fort Gibson. What proved

to be their culmination and the demonstration most energetically

conducted occurred at Cabin Creek,[797] while far away Vicksburg was

falling and

[Footnote 797: For an official report of the action at Cabin Creek,

see _Official Records_, vol. xxii, part i, 378-382. While, as

things eventuated, it was an endeavor (cont.)]

Gettysburg was being fought. A commissary train from Fort Scott was

expected. It was to come down, escorted by Colonel Williams who was

in command of the negro troops that Blunt had stationed at Baxter

Springs. To meet the train and to reinforce Williams, Phillips

despatched Major Foreman from Fort Gibson. Cooper had learned of the

coming of the train and had made his plans to seize it in a fashion

now customary.[798] The plans were quite elaborate and involved the

coöperation[799] of Cabell's Arkansas brigade,[800] which was to come

from across the line and proceed down the east side of the Grand

River. Thither also, Cooper sent a

[Footnote 797: (cont.) to cut off the supply train, there was

throughout the possibility that it might also result in heading off

Blunt, who was known to be on his way to Fort Gibson [Steele to

Cooper, June 29, 1863; Duval to Cooper, June 29, 1863; Duval to

Cabell, June 29, 1863].]

[Footnote 798: Steele to Cabell, June 25, 1863 [_Confederate

Records_, chap. 2, no. 268, p. 97; _Official Records_, vol.

xxii, part ii, 885].]

[Footnote 799: Steele to Cabell, June 29, 1863 [_Confederate

Records_, chap. 2, no. 268, p. 105; _Official Records_, vol.

xxii, part ii, 893-894].]

[Footnote 800: Of W.L. Cabell, the _Confederate Military

History_, vol. x, has this to say: "Maj. W.L. Cabell, who had been

sent to inspect the accounts of quartermasters in the department,

having well acquitted himself of this duty, was, in March 1863,

commissioned brigadier-general and requested to collect absentees from

the service in northwestern Arkansas. Given Carroll's and Monroe's

regiments, he was directed to perfect such organizations as he could

..." He collected his brigade with great rapidity and it soon numbered

about four thousand men. Even, in April, Steele was placing much

reliance upon it, although he wished to keep its relation to him a

secret. He wrote to Cooper to that effect.

"Who will be in command of the Choctaws when you leave? Will they be

sufficient to picket and scout on the other side of the river far

enough to give notice of any advance of the enemy down the river? I do

not wish it to be generally known that Cabell's forces are under my

command, but prefer the enemy should think them a separate command;

for this reason I do not send these troops west until there is a

necessity for it; in the meantime the other troops can be brought

into position, where if we can get sufficient ammunition all can be

concentrated. I cannot direct positively, not having the intimate

knowledge of the country, but you should be in a position which would

enable you to move either down the Ark. River or on to the road

leading from Boggy Depot to Gibson as circumstances may indicate.

Let me hear from you frequently."--STEELE to Cooper, April 28, 1863,

_Confederate Records_, chap. 2, no. 270, pp. 217-218.]

part of his own brigade and at the same time ordered another part

under Stand Watie to go to Cabin Creek and to take such position on

its south bank as to command the crossing. It was a time when the

rivers were all in flood, a circumstance that greatly affected the

outcome since it prevented the forces on the east side of the Grand

from coming to Stand Watie's support. As Foreman proceeded northward

to effect a junction with Williams, he detached some Cherokees from

the Third Indian, under Lieutenant Luke F. Parsons, to reconnoitre. In

that way he became apprised of Watie's whereabouts and enabled to put

himself on his guard. The commissary train, in due time, reached

Cabin Creek and, after some slight delay caused, not by Stand

Watie's interposition, but by the high waters, crossed. Federals

and Confederates then collided in a somewhat disjointed but lengthy

engagement with the result that Stand Watie retired and the train,

nothing the worse for the hold-up, moved on without further

molestation to Fort Gibson.[801]

The action at Cabin Creek, July 1 to 3, was the last attempt of any

size for the time being to capture Federal supplies en route. The

tables were thenceforth turned and the Confederates compelled to keep

a close

[Footnote 801: In describing what appears to be the action at Cabin

Creek, Steele refers to "bad conduct of the Creeks," and holds it

partly responsible for the failure [_Official Records_, vol.

xxii, part ii, 910]. It is possible that he had in mind, however, a

slightly earlier encounter, the same that he described, adversely

to D.N. McIntosh's abilities as a commander, in his general report

[Ibid., part i, 32]. Steele had little faith in the Indian

brigade and frankly admitted that he expected it in large measure,

to "dissolve," if the Confederates were to be forced to fall back at

Cabin Creek [Steele to Blair, July 1, 1863, _Official Records_,

vol. xxii, part ii, 902]. Nevertheless, he anticipated a victory for

his arms there [Steele to Blair, July 3, 1863, Ibid., 903].

From his general report, it might be thought that Stand Watie

disappointed him at this time, as later; but the Confederate failure

was most certainly mainly attributable to the high waters, which

prevented the union of their expeditionary forces [Steele to Blair,

July 5, 1863, Ibid., 905].]

watch on their own depots and trains. Up to date, since his first

arrival at Fort Gibson, Colonel Phillips had been necessarily on the

defensive because of the fewness of his men. Subsequent to the Cabin

Creek affair came a change, incident to events and conditions farther

east. The eleventh of July brought General Blunt, commander of the

District of the Frontier, to Fort Gibson. His coming was a surprise,

as has already been casually remarked, but it was most timely. There

was no longer any reason whatsoever why offensive action should not

be the main thing on the Federal docket in Indian Territory, as

elsewhere.

To protect its own supplies and to recuperate, the strength of

the Confederate Indian brigade was directed toward Red River,

notwithstanding that Steele had still the hope of dislodging the

Federals north of the Arkansas.[802] His difficulties[803] were no

less legion than before, but he thought it might be possible to

accomplish the end desired by invading Kansas,[804] a plan that seemed

very feasible after S.P. Bankhead assumed command of the Northern

Sub-District of Texas.[805] Steele himself had "neither the artillery

nor the kind of force necessary to take a place" fortified as was

Gibson; but to the westward of the Federal stronghold Bankhead might

move. He might attack Fort Scott, Blunt's headquarters but greatly

weakened now, and possibly also some small posts in southwest

Missouri, replenishing his resources from time to time in the fertile

and well settled Neosho River Valley. Again

[Footnote 802: Steele took umbrage at a published statement of Pike

that seemed to doubt this and to intimate that the line of the

Arkansas had been definitely abandoned [Steele to Pike, July 13, 1863,

_Official Records_, vol. xxii, part ii, 925].]

[Footnote 803: For new aspects of his difficulties, see Steele to

Boggs, chief of staff, July 7, 1863, Ibid., 909-911.]

[Footnote 804:--Ibid., p. 910.]

[Footnote 805: Steele to Bankhead, July 11, 1863, Ibid.,

921-922.]

local selfishness rose to the surface[806] and Bankhead, surmising

Steele's weakness and that he would almost inevitably have to fall

back, perhaps vacating Indian Territory altogether, became alarmed for

the safety of Texas.[807]

Steele's recognition and admission of material incapacity for taking

Fort Gibson in no wise deterred him from attempting it. The idea was,

that Cooper should encamp at a point within the Creek Nation, fronting

Fort Gibson, and that Cabell should join him there with a view

to their making a combined attack.[808] As entertained, the idea

neglected to give due weight to the fact that Cabell's men were in no

trim for immediate action,[809] notwithstanding that concerted action

was the only thing likely to induce success. Blunt, with

[Footnote 806: Arkansas betrayed similar selfishness. President

Davis's rejoinder to a protest from Flanagin against a tendency to

ignore the claims of the West struck a singularly high note. Admitting

certain errors of the past, he prayed for the generous coöperation of

the future; for "it is to the future, not to the past, that we must

address ourselves, and I wish to assure you, though I hope it is

unnecessary, that no effort shall be spared to promote the defense of

the Trans-Mississippi Department, and to develop its resources so

as to meet the exigencies of the present struggle" [_Official

Records_, vol. xxii, part ii, 932]. Five days afterwards, Governor

Reynolds, in commending Secretary Seddon for a very able ministry,

expressed confidence that his gubernatorial colleagues in Arkansas,

Texas, and Louisiana would, with himself, "act in no sectional or

separatist spirit." It was saying a good deal, considering how strong

the drift of popular opinion had been and was to be in the contrary

direction. However, in August, the four governors appealed

collectively to their constituents and to "the Allied Indian Nations,"

proving, if proof were needed, that they personally were sincere

[Ibid., vol. liii, supplement, 892-894; Moore's _Rebellion

Record_, vol. vii, 406-407].]

[Footnote 807: _Official Records_, vol. xxii, part ii, 922.]

[Footnote 808: The plans for such concerted action were made as early

as July 8 [Steele to Cooper, July 8, 1863, _Official Records_,

vol. xxii, part ii, 911-912]. Cabell was instructed to take position

between Webber's Falls and Fort Gibson [Duval to Cabell, July 10,

1863, Ibid., 916-917] and more specifically, two days before

the battle, "within 15 or 20 miles of Gibson and this side of where

Gen. Cooper is now encamped on Elk Creek" [Steele to Cabell, July 15,

1863, _Confederate Records_, chap. 2, no. 268, p. 145].]

[Footnote 809: Steele knew of the deficiencies in their equipment,

however, and of their exhausted state (cont.)]

scouts out in all directions and with spies in the very camps of his

foes, soon obtained an inkling of the Confederate plan and resolved

to dispose of Cooper before Cabell could arrive from Arkansas.[810]

Cooper's position was on Elk Creek, not far from present

Muskogee,[811] and near Honey Springs on the seventeenth of July the

two armies met, Blunt forcing the engagement, having made a night

march in order to do it. The Indians of both sides[812] were on hand,

in force, the First and Second Home Guards, being dismounted as

infantry and thus fighting for once as they had been mustered in. Of

the Confederate, or Cooper, brigade Stand Watie, the ever reliable,

commanded the First and Second Cherokee, D.N. McIntosh, the First

and Second Creek, and Tandy Walker, the regiment of Choctaws and

Chickasaws. The odds were all against Cooper from the start and, in

ways that Steele had not specified, the material equipment proved

itself inadequate indeed. Much of the ammunition was worthless.[813]

Nevertheless, Cooper stubbornly contested every inch of the ground and

finally gave way only when large numbers of his Indians, knowing their

guns to be absolutely useless to them, became disheartened and then

demoralized. In confusion, they led the van in

[Footnote 809: (cont.) [Duval to W.H. Scott, Commanding Post at

Clarksville, Ark., July 8, 1863, _Confederate Records_, p. 133;

Steele to Blair, July 10, 1863, _Official Records_, vol. xxii,

part ii, 917; same to same, July 13, 1863, Ibid., 925].]

[Footnote 810: See Blunt's official report, dated July 26, 1863

[Ibid., part i, 447-448].]

[Footnote 811: Anderson, _Life of General Stand Watie_, 21.]

[Footnote 812: With respect to the number of white troops engaged on

the Federal side there seems some discrepancy between Blunt's report

[_Official Records_, vol. xxii, part i, 448] and Phisterer's

statistics [_Statistical Record_, 145].]

[Footnote 813: See Cooper's report, dated August 12, 1863 [_Official

Records_, vol. xxii, part i, 457-461]. The following references are

to letters that substantiate, in whole or in part, what Cooper said in

condemnation of the ammunition: Duval to Du Bose, dated Camp Prairie

Springs, C.N., July 27, 1863 [_Confederate Records_, chap. 2, no.

268, p. 159]; Steele to Blair, dated Camp Imochiah, August 9, 1863

[Ibid., 185-187; _Official Records_, vol. xxii, part ii,

961].]

flight across the Canadian; but enough of those more self-contained

went thither in an easterly or southeasterly direction so as to create

the impression among their enemies that they were retiring to meet the

expected reinforcements from Fort Smith.[814]

But the reinforcements were yet far away. Indeed, it was not until

all was over and a day too late that Cabell came up. A tragic sight

confronted him; but his own march had been so dismal, so inauspicious

that everything unfortunate that had happened seemed but a part of

one huge catastrophe. He had come by the "old Pacific mail route,

the bridges of which, in some places, were still standing in the

uninhabited prairies."[815] The forsaken land broke the morale of his

men--they had never been enthusiastic in the cause, some of them were

conscripted unionists, forsooth, and they deserted his ranks by the

score, by whole companies. The remnant pushed on and, in the far

distance, heard the roaring of the cannon. Then, coming nearer, they

caught a first glimpse of Blunt's victorious columns; but those

columns were already retiring, it being their intention to recross to

the Fort Gibson side of the Arkansas. "Moving over the open, rolling

prairies,"[816] Nature's vast meadows, their numbers seemed great

indeed and Cabell made no attempt to pursue or to court further

conflict. The near view of the battle-field dismayed[817] him; for

its gruesome records all too surely told him of another Confederate

defeat.

[Footnote 814: Cooper intended to create such an impression

[_Official Records_, vol. xxii, part i, 460] and he did

[Schofield to McNeil, July 26, 1863, Ibid., part ii, 399-400].]

[Footnote 815: _Confederate Military History_, vol. x, 199.]

[Footnote 816: Ibid., 200.]

[Footnote 817: Cabell might well be dismayed. Steele had done his

best to hurry him up. A letter of July 15 was particularly urgent

[_Official Records_, vol. xxii, part ii, 933].]

In the fortunes of the Southern Indians, the Battle of Honey Springs

was a decisive event. Fought and lost in the country of the Creeks, it

was bound to have upon them a psychological effect disastrous to the

steady maintenance of their alliance with the Confederacy, so also

with the other great tribes; but more of that anon. In a military

way, it was no less significant than in a political; for it was the

beginning of a vigorously offensive campaign, conducted by General

Blunt, that never ended until the Federals were in occupation of Fort

Smith and Fort Smith was at the very door of the Choctaw country. No

Indian tribe, at the outset of the war, had more completely gone over

to the South than had the Choctaw. It had influenced the others but

had already come to rue the day that had seen its own first defection.

Furthermore, the date of the Confederate rout at Honey Springs marked

the beginning of a period during which dissatisfaction with General

Steele steadily crystallized.

Within six weeks after the Battle of Honey Springs, the Federals were

in possession of Fort Smith, which was not surprising considering

the happenings of the intervening days. The miscalculations that had

eventuated in the routing of Cooper had brought Steele to the decision

of taking the field in person; for there was just a chance that he

might succeed where his subordinates, with less at stake than he, had

failed. Especially might he take his chances on winning if he could

count upon help from Bankhead to whom he had again made application,

nothing deterred by his previous ill-fortune.

It was not, by any means, Steele's intention to attempt the reduction

of Fort Gibson;[818] for, with such artillery

[Footnote 818: Steele to Blair, July 22, 1863 [_Official

Records_, vol. xxii, part ii, 940-941].]

as he had, the mere idea of such an undertaking would be preposterous.

The defensive would have to be, for some time to come, his leading

role; but he did hope to be able to harry his enemy, somewhat,

to entice him away from his fortifications and to make those

fortifications of little worth by cutting off his supplies. Another

commissary train would be coming down from Fort Scott via Baxter

Springs about the first of August.[819] For it, then, Steele would lie

in wait.

When all was in readiness, Fort Smith was vacated, not abandoned;

inasmuch as a regiment under Morgan of Cabell's brigade was left in

charge, but it was relinquished as department headquarters. Steele

then took up his march for Cooper's old battle-ground on Elk Creek.

There he planned to mass his forces and to challenge an attack. He

went by way of Prairie Springs[820] and lingered there a little while,

then moved on to Honey Springs, where was better grazing.[821] He felt

obliged thus to make his stand in the Creek country; for the Creeks

were getting fractious and it was essential for his purposes that they

be mollified and held in check. Furthermore, it was incumbent upon him

not to expose his "depots in the direction of Texas."[822]

As the summer days passed, Cabell and Cooper drew into his vicinity

but no Bankhead, notwithstanding that Magruder had ordered him to

hurry to Steele's

[Footnote 819: Steele to Bankhead, July 22, 1863 [_Official

Records_, vol. xxii, part ii, 940]]

[Footnote 820: Duval to A.S. Morgan, July 18, 1863 [Ibid.,

933]; Steele to Blair, July 22, 1863 [Ibid., 940-941].]

[Footnote 821: Steele arrived at Prairie Springs on the twenty-fourth

[Steele to Blair, July 26, 1863, Ibid., 948] and moved to Honey

Springs two days later [same to same, July 29, 1863, Ibid.,

950-951]. On August 7, his camp was at Soda Springs, whither he had

gone "for convenience of water and grass" [same to same, August 7,

1863, Ibid., 956].]

[Footnote 822:--Ibid., 951.]

support.[823] Bankhead had not the slightest idea of doing anything

that would put Texas in jeopardy. In northern Texas sympathy for the

Federal cause, or "rottenness" as the Confederates described it, was

rife.[824] It would be suicidal to take the home force too far away.

Moreover, it was Bankhead's firm conviction that Steele would never be

able to maintain himself so near to Fort Gibson, so he would continue

where he was and decide what to do when time for real action

came.[825] It would be hazarding a good deal to amalgamate his

command,[826] half of which would soon be well disciplined, with

Steele's, which, in some of its parts, was known not to be.

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