In May, 1861, General Albert Pike, of Arkansas, was requested by Hon.
Robert Toombs, secretary of state of the Confederate States, to visit
the Indian Territory as a commissioner, and to assure the Indians
of the friendship of those States. He proceeded to Fort Smith,[559]
where, in company with General Benjamin McCulloch, he was waited on by
a delegation of Cherokees representing the element of that people who
were enthusiastically loyal to the Confederacy and who were desirous of
ascertaining whether in case they would organize and take up arms for
the South the latter would engage to protect them from the hostility
of John Ross and the association of "Pin" Indians who were controlled
by him.[560] Assurances were given of the desired protection, and
messengers were sent to a number of the prominent leaders of the
anti-Ross party to meet General Pike at the Creek Agency, two days
after he should have held an interview with Ross, then contemplated,
at Park Hill. General Pike, as he alleges, had no idea of concluding
any terms with Ross, and his intention was to treat with the leaders of
the Southern party at the Creek Agency. At the meeting held with Ross
at Park Hill, the latter refused to enter into any arrangement with
the Confederate Government, and obstinately insisted on maintaining an
attitude of strict neutrality. After vainly endeavoring to shake the
old man's purpose, General McCulloch at length agreed to respect his
neutrality so long as the Federal forces should refrain from entering
the Cherokee country.[561]
General McCulloch having been ordered by the Confederate authorities to
take command of the district of country embracing the Indian Territory,
with headquarters at Fort Smith, addressed[562] a communication to John
Ross again assuring him of his intention to respect the neutrality
of the Cherokee people, except that all those members of the tribe
who should so desire must be permitted to enlist in the Confederate
army, without interference or molestation, for purposes of defense
in case of an invasion from the North. To this Ross replied,[563]
reasserting the determination of the Cherokees to maintain a strict
neutrality between the contending parties. He refused his consent to
any organization or enlistment of Cherokee troops into the Confederate
service, for the reason, first, it would be a palpable violation of the
Cherokee position of neutrality, and, second, it would place in their
midst organized companies not authorized by the Cherokee laws, but in
violation of treaty, and which would soon become effective instruments
in stirring up domestic strife and creating internal difficulties among
the Cherokee people. General McCulloch in his letter had assumed that
his proposition for permitting enlistments of Cherokees of Confederate
sympathies was in accordance with the views expressed to him by Ross
in an interview occurring some eight or ten days previous, wherein
the latter had observed that in case of an invasion from the North
he himself would lead the Cherokees to repel it. Ross, in his reply
above alluded to, takes occasion to assure McCulloch that the latter
had misapprehended his language. It was only in case of a foreign
invasion that he had offered to lead his men in repelling it. He had
not signified any purpose as to an invasion by either the Northern or
Southern forces, because he had not apprehended and could not give his
consent to any.
Some time in August[564] a convention was assembled at Tahlequah upon
the call of John Ross, to take into consideration the question of
the difficulties and dangers surrounding the Cherokee Nation and to
determine the most advisable method of procedure. At this convention
a number of speeches were made, all of which were bitterly hostile
in tone to the United States and favorable to an open alliance with
the Southern Confederacy. Ross, among others, gave free expression
to his views, and according to the published version of his remarks
gave it as his opinion that an understanding with the Confederacy was
the best thing for the Cherokees and all other Indians to secure and
that without delay; that, as for himself, he was and always had been a
Southern man, a State rights man; born in the South, and a slaveholder;
that the South was fighting for its rights against the oppressions
of the North, and that the true position of the Indians was with the
Southern people. After this speech the convention, which was attended
by four thousand male Cherokees, adopted without a dissenting voice a
resolution to abandon their relations with the United States and to
form an alliance with the Confederacy.
_Treaties between Confederate States and various Southern
tribes._--General Pike did not see Ross again until September.[565]
In the meantime, the latter had secured the attendance of a large
number of representatives of both Northern and Southern tribes, at a
convocation held at Antelope Hills, where a unanimous agreement was
reached to maintain a strict neutrality in the existing hostilities
between their white neighbors. The alleged purpose of this assembly,
as stated by General Pike, was to take advantage of the war between
the States, and form a great independent Indian confederation, but he
defeated its purpose by concluding a treaty with the Creeks on behalf
of the Confederate States, while their delegates were actually engaged
in council at the Antelope Hills. Following his negotiations with the
Creeks, he concluded treaties in quick succession with the Choctaws
and Chickasaws, the Seminoles, the Wichitas, and affiliated tribes,
including the absentee Shawnees and Delawares, and the Comanches.[566]
On returning from his treaty with the Comanches, he was met before
reaching Fort Arbuckle by a messenger bearing a letter from Ross and
his council, accompanied by a copy of the resolutions of the council
and a pressing personal invitation to repair to the Cherokee country
and enter into a treaty with that tribe. He consented and named a
day when he would meet Ross, at the same time writing the latter to
notify the Osages, Quapaws, Senecas, and the confederated Senecas and
Shawnees, to meet him at the same time. At the time fixed he proceeded
to Park Hill (Ross's residence), where he concluded treaties with these
various tribes[567] during the first week in October, reserving the
negotiations with the Cherokees to the last, the treaty with whom was
concluded on the 7th of the month at Tahlequah. This instrument was
very lengthy, being comprised in fifty-five articles.[568] The preamble
set forth that--
The Congress of the Confederate States of America having, by
an "Act for the protection of certain Indian tribes," approved the
21st day of May, in the year of our Lord one thousand eight hundred
and sixty-one, offered to assume and accept the protectorate of
the several nations and tribes of Indians occupying the country
west of Arkansas and Missouri, and to recognize them as their
wards, subject to all the rights, privileges, immunities, titles
and guarantees with each of said nations and tribes under treaties
made with them by the United States of America; and the Cherokee
Nation of Indians having assented thereto upon certain terms and
conditions: Now, therefore, the said Confederate States of America,
by Albert Pike, their commissioner, constituted by the President,
under authority of the act of Congress, in that behalf, with
plenary powers for these purposes, and the Cherokee Nation by the
principal chief, executive council, and commissioners aforesaid,
has agreed to the following articles, etc.
With some slight amendments to the instrument as originally concluded
it was duly ratified by the Confederate States.