The Arkansas state convention, sanctioned by popular vote, met, by

authority of the governor's proclamation, March fourth. Its members were

inclined to temporize, however; for, as Harrell says, they were

cooperationists[181] rather than secessionists and their policy of

temporizing they carried out even in the provision made for reassembling

after adjournment. David Walker, the president of the convention, was out

of sympathy with this; and, at the first news of the attack upon Fort

Sumter and while passion and excitement were still at fever heat,

called[182] an extra session for the sixth of May. The regular session was

not to come until the nineteenth of August. Coincidently Governor Rector

again showed where his sympathies lay by refusing[183] President Lincoln's

call for troops.

The Arkansas Ordinance of Secession was passed on the sixth of May. S. R.

Cockrell had proved himself a good prophet; for, writing jubilantly to L.

P. Walker, on the twenty-first of April, on the progress of secession, he

had said,[184] "Arkansas will go out 6th of May before breakfast. The

Indians come next." His closing remark had some foundation for its

utterance. Intelligent and prominent Indians were to be found in the very

ranks of the Arkansas secessionists. E. C. Boudinot, a Cherokee, an enemy

and rival of John Ross, and later Cherokee delegate in the Confederate

Congress, was secretary[185] of the convention. M. Kennard, a leading and

a principal Creek chief, seems also to have been influential. The alliance

of the Indians was yet being sought.[186]

The secession ordinance once safely launched, the Arkansas convention

turned its attention without equivocation to Indian concerns. On the tenth

of May, for instance, it followed the example set by Texas and passed a

resolution,[187] authorizing the president of the convention to appoint

three delegates to visit Indian Territory. The men appointed were, S. L.

Griffith of Sebastian County (the same man, interestingly enough to whom

the United States government had recently offered[188] the Southern

Superintendency), J. Murphy of Madison County, and G. W. Laughinghouse of

St. Francis County. Two of these counties were on or near the border.

Sebastian was on the border and Madison not far inland, so Griffith and

Murphy very probably realized the full significance of their mission. On

the eleventh of May, the convention tried to pass another resolution,[189]

indicative of a community of interests between Arkansas and the Indian

country. This resolution failed, but, had it passed, it would have prayed

the president of the Confederate States to erect a military department or

division out of Arkansas and Indian Territory. As it was, the convention

contented itself, on this occasion, with empowering[190] Brigadier-general

Pearce[191] to cooperate with Brigadier-general McCulloch.[192] It took

this action on the twenty-first of May and on the twenty-eighth it

received a communication[193] from Elias Rector concerning the Choctaws

and Chickasaws.

Almost simultaneously with this legislative activity, solicitation of the

Indians came from yet other directions. On the eighth of May,

Brigadier-general B. Burroughs of the Arkansas militia took it upon

himself to make an appeal to the Chickasaws, which he did in this wise:

HEADQUARTERS EIGHTH BRIGADE, FIRST DIVISION, ARKANSAS MILITIA,

Fort Smith, Ark., May 8, 1861.

GOV. C. HARRIS: To-day we have information that Arkansas, in

Convention, has seceded, by a vote 69 to 1. Tennessee has also

seceded, and made large appropriations and ordered an army of 50,000

men.

Arkansas has for several days past been in arms on this frontier for

the protection (of) citizens, and the neighboring Indian nations whose

interests are identical with her own.

I have news through my scouts that the U. S. troops have abandoned the

forts in the Chickasaw country.

Under my orders from the commander-in-chief and governor of Arkansas,

I feel authorized to extend to you such military aid as will be

required in the present juncture of affairs to occupy and hold the

forts.

I have appointed Col. A. H. Word, one of the State senators, and

Captain Sparks, attached to this command, commissioners to treat and

confer with you on this subject. These gentlemen are fully apprised of

the nature of the powers intrusted to myself by the governor of this

State, and are authorized to express to you my views of the subject

under consideration. I ask, therefore, that you express to them your

own wishes in the premises, and believe, my dear sir, that Arkansas

cherishes the kindest regards for your people.

I have the honor to subscribe myself, with sentiments of regard, your

excellency's friend and servant,

B. BURROUGHS, Brigadier-General, Commanding.[194]

The impudence and calm effrontery of this has its humorous side and would

seem even ridiculous were it not for the fact that we are bound to

remember that the Indians took it all so very seriously. It was true

enough, as Burroughs said, that the Federal troops had abandoned the

Indian country; but against whom were the forts to be held? Surely not

against the Federals. Furthermore, what need was there for Arkansas to

interest herself in the Chickasaw forts, since the Texan troops were

already in possession? Is it possible to suppose that Burroughs's scouts,

who had found out so much about the withdrawal of the Federal forces, had

not discovered the work of the Texans in contributing thereto? The

Chickasaws were particularly friendly to the secessionists and, in this

same month of May, passed, by means of their legislature, those eight

resolutions[195] in which they gave such strong expression to their

views, at the same time, however, giving the Southern States clearly to

understand that they knew the extent of their own rights and were

determined to hold fast to them. They also declared that they wished to

hold their forts themselves.

On the ninth of May, the Indians were still further addressed and this

time by the citizens of Boonsboro, Arkansas, whose appeal has already been

referred to and quoted.[196] The appeal was made through the medium of a

letter to John Ross and of him the citizens of Boonsboro inquired where he

intended to stand; inasmuch as they much preferred "an open enemy to a

doubtful friend." They earnestly hoped, they said, to find in him and his

people "true allies and active friends." On the fifteenth of May, J. R.

Kannady, lieutenant-colonel, commanding at Fort Smith, also

communicated[197] with Ross and on the same subject, his immediate

provocation being the report that Senator James H. Lane was busy raising

troops in Kansas to be used against Missouri and Arkansas. Of the Kannady

letter, John B. Luce was the bearer and, to it, Ross replied[198] on the

seventeenth, the very day that he published his great proclamation[199] of

neutrality; for the otherwise most sensible John Ross labored under the

delusion that the Indians would be allowed to figure as silent witnesses

of events. In this respect, he was, however, on slightly firmer ground

than were the citizens of such a state as Kentucky; but, none the less, he

labored under a delusion as he soon found out to his sorrow. His

proclamation of neutrality was intended as a final and conclusive

answer[200] to all interrogatories like that from Boonsboro.

III. THE CONFEDERACY IN NEGOTIATION WITH THE INDIAN TRIBES

The provisional government of the Confederate States showed itself no less

anxious and no less prompt than the individual states in its endeavor to

secure the Indian country and the Indian alliance. On the twenty-first of

February, 1861, the very same day that the law was passed for the

establishment of a War Department of which Leroy P. Walker of Alabama took

immediate charge, William P. Chilton, member[201] of the Provisional

Congress from Alabama, offered in that body a resolution to the effect,

that the Committee on Indian Affairs be instructed to inquire into the

expediency of opening up negotiations with the Indian tribes of the West

in relation to all matters concerning the mutual welfare of said tribes

and the people of the Confederate States.[202] The resolution was adopted.

Four days later, Edward Sparrow of Louisiana asked that the same committee

be instructed to consider the advisability of appointing agents to those

same Indian tribes.[203] The Indian committee, at the time, was composed

of Jackson Morton of Florida, Lawrence M. Keitt of South Carolina, and

Thomas N. Waul of Texas. Robert W. Johnson became a member after Arkansas

had seceded and had been admitted to the Confederacy.

Preliminary steps such as these led naturally to a comprehension of the

need for a Bureau of Indian Affairs[204] and, on the twelfth of March,

President Davis recommended[205] that one be organized and a commissioner

of Indian affairs appointed. His recommendations were acted upon without

delay and a law[206] in conformity with them passed. This happened on the

fifteenth of March and on the day following, the last of the session,

Davis nominated David Hubbard,[207] ex-commissioner[208] from Alabama to

Arkansas, for the Indian portfolio. For some time, however, Hubbard had

little to do.[209] It is wise therefore to leave him for a while and

resume the examination of congressional work.

The journal entries through February and March show that the Provisional

Congress had, not infrequently, Indian matters placed before it and, at

times presumably, communications direct from the tribes. On the fourth of

March, Robert Toombs, himself on the Finance Committee and at the same

time Secretary of State,[210] offered the following resolution:[211]

_Resolved_, That the President be, and he is hereby authorized to send

a suitable person as special agent of this Government to the Indian

tribes west of the State of Arkansas.

Whether this was called forth by the investigations of the Committee on

Indian Affairs under the Chilton resolution of the twenty-first of

February or whether it grew out of a correspondence between Toombs and

Albert Pike does not appear. Toombs and Pike were friends, brother

Masons[212] in fact, and then or soon afterwards in intimate

correspondence on the subject of Indian relations. The resolution passed,

but there the matter seems to have rested for a time. On the tenth of May,

William B. Ochiltree proposed[213] that the Committee on Indian Affairs

consider the condition of Reserve Indians in Texas; and, on the fifteenth,

a most important measure was introduced[214] in the shape of a bill,

reported by Keitt from the Committee on Indian Affairs, "for the

protection of certain Indian tribes." This opened up the whole subject of

prospective relations with the great tribes of Indian Territory and,

taken in connection with the provision for a special commissioner, was

fruitful of great results.

On the seventh of May, Thomas A. Harris of Missouri had made the

Provisional Congress acquainted with some Choctaw and Chickasaw

resolutions,[215] which, in themselves, seemed indicative of a friendly

disposition towards the South. This fact lent to the bill for the

assumption of a protectorate a large significance. Congress considered it,

for the most part, in secret session. The text of the act as finally

passed does not appear in any of the published[216] statutes of the

Confederate States; but, under the act, Albert Pike, special commissioner

for the purpose appointed by President Davis, negotiated all his

remarkable treaties with the western tribes. Three sections of the law,

those added to the original bill by way of amendment, appear in the

Provisional Congress _Journal_.[217] They are strictly financial in their

nature and are as follows:

_Sec. 6._ And be it further enacted, That the Confederate States do

hereby assume the duty and obligation of collecting and paying over as

trustees to the several Indian tribes now located in the Indian

Territory south of Kansas, all sums of money accruing, whether from

interest or capital of the bonds of the several States of this

Confederacy now held by the Government of the United States as

trustees for said Indians or any of them; and the said interest and

capital as collected shall be paid over to said Indians or invested

for their account, as the case may be, in accordance with the several

treaties and contracts now existing between said Indians and the

Government of the United States.

_Sec. 7._ That the several States of this Confederacy be requested to

provide by legislation or otherwise that the capital and interest of

the bonds issued by them respectively, and held by the Government of

the United States in trust for said Indians, or any of them, shall not

be paid to said Government of the United States, but shall be paid to

this Government in trust for said Indians.

_Sec. 8._ That it shall be the duty of the Commissioner of Indian

Affairs to obtain and publish, at as early a period as practicable, a

list of all the bonds of the several States of this Confederacy now

held in trust by the Government of the United States as aforesaid, and

to give notice in said publication that the capital and interest of

said bonds are to be paid to this Government and to no other holder

thereof whatever.

Before this bill for the protection of the Indians had come up for

discussion or had even emerged from the rooms of the Committee on Indian

Affairs, Albert Pike, in letters to Toombs and R. W. Johnson, had pointed

out most emphatically the military necessity of securing[218] the Indian

country. His conviction was strong that the United States had no idea of

permanently abandoning the same but would soon replace the regular troops,

it had withdrawn from thence, by volunteers. Pike discussed the matter

with N. Bart Pearce and the two agreed[219] that there was no time to lose

and that something must be done forthwith to prevent the possibility of

Federal emissaries gaining a foothold among the great tribes; for, if they

did gain such a foothold, their influence was likely to be very great,

especially among the Cherokees who might be regarded as predisposed to

favor them, they having many abolitionists on their tribal rolls. Whether,

at so early a date, Pike thought formal negotiation, as had been

customary, the preferable method of procedure, we are not prepared to say,

positively. Formal negotiation was scarcely consistent with the southern

argument of Jackson's time or consonant with present state-rights

doctrine. When writing[220] to Johnson on the eleventh of May, Pike seems

to have been thinking simply of Indian enlistment and of the use of white

and red troops in the defense of the Indian country. At that date his own

appointment[221] as diplomatic agent for the negotiation of treaties of

amity and alliance was certainly not prominently before him. He expressed

himself to Johnson in such a way, indeed, as would lead us to suppose that

the position he half expected to get, and did not altogether want, was

that of commander of an Indian Department which he hoped would be created.

For such a position Pike was not entirely unfitted. He had served in the

Mexican War and had attained the rank of captain; but his tastes were

certainly not what one would call military. He was a poet[222] of

acknowledged reputation and a lawyer of eminence. Arkansas had recognized

him as one of her foremost citizens by sending him as her one and only

delegate to the Commercial Convention[223] of Southern and Western

States, held at Charleston, South Carolina, April, 1854. Just recently, at

the time when the question of secession was before the people of Arkansas,

he had issued a pamphlet, entitled, _State or Province, Bond or Free_,

described by a contemporary as, "a most specious argument for secession,

but a re-production of the political heresies, that thirty years ago

called down on John C. Calhoun, the anathema maranatha of Andrew

Jackson."[224] To the men of his time, it seemed all the more astonishing

that Albert Pike should take such a pronounced stand on the subject of

state rights, not because he was a New Englander by birth, for there were

many such in Arkansas and in the ranks of the secessionists, but because

he was the author of that stirring poem against the idea of national

disintegration, published some time before under the title of,

"Disunion."[225]

On the twentieth of May, Pike wrote[226] again to Toombs and by that time

he certainly knew[227] of his commission to treat with the Indian tribes,

but had apparently not received any very definite instructions as to the

scope of his authority. One little passage in the letter brings out very

clearly the essential fair-mindedness of the man, a marked characteristic

in all[228] his dealings with the Indians, but at once his strength and

his weakness. He succeeded with the red man for the very same reason that

he failed with the white, because he gave to the Indians the

consideration and the justice which were their due. This is the

significant passage from his letter to Toombs:[229]

I very much regret that I have not received distinct authority to give

the Indians guarantees of all their legal and just rights under

treaties. It cannot be expected they will join us without them, and it

would be very ungenerous, as well as unwise and useless, in me to ask

them to do it. Why should they, if we will not bind ourselves to give

them what they hazard in giving us their rights under treaties?

As you have told me to act at my discretion, and as I am not directed

not to give the guarantees, I shall give them, formal, full, and

ample, by treaty, if the Indians will accept them and make treaties.

General McCulloch will join me in this, and so, I hope and suppose,

will Mr. Hubbard, and when we shall have done so we shall, I am sure,

not look in vain to you, at least, to affirm these guarantees and

insist they shall be carried out in good faith.

There was an implied doubt of Hubbard in Pike's reference to him and a

single future declaration almost justified the doubt, notwithstanding the

fact that Hubbard was supposed to have been chosen as commissioner of

Indian affairs because of his "well known sympathy for the Indian tribes

and the deep concern" he had ever "manifested in their welfare."

Hubbard's official position was that of Commissioner of Indian Affairs;

but the unorganized character of the Confederate administration in early

1861 is well attested by the way Secretary Walker confounded the name and

functions of that office with those of an ordinary superintendent. On the

fourteenth of May, he addressed Hubbard as "Superintendent of Indian

Affairs" and instructed him

To proceed to the Creek Nation, and to make known to them, as well as

to the rest of the tribes west of Arkansas and south of Kansas ... the

earnest desire of the Confederate States to defend and protect them

against the rapacious and avaricious designs of their and our enemies

at the North.... You will, in an especial manner, impress upon the

Creek Nation and surrounding Indian tribes the imperious fact that

they will doubtless recognize, that the real design of the North and

the Government at Washington in regard to them has been and still is

the same entertained and sought to be enforced against ourselves, and

if suffered to be consummated, will terminate in the emancipation of

their slaves and the robbery of their lands. To these nefarious ends

all the schemes of the North have tended for many years past, as the

Indian nations and tribes well know from the character and conduct of

those emissaries who have been in their midst, preaching up abolition

sentiments under the disguise of the holy religion of Christ, and

denouncing slaveholders as abandoned by God and unfit associates for

humanity on earth.

You will be diligent to explain to them, under these circumstances,

how their cause has become our cause, and themselves and ourselves

stand inseparably associated in respect to national existence and

property interests; and in view of this identification of cause and

interests between them and ourselves, entailing a common destiny, give

to them profound assurances that the Government of the Confederate

States of America, now powerfully constituted through an immense

league of sovereign political societies, great forces in the field,

and abundant resources, will assume all the expense and responsibility

of protecting them against all adversaries....

Give them to understand, in this connection, that a brigadier-general

of character and experience has been assigned to the military district

embracing the Indian Territories south of Kansas, with three regiments

under his command, while in Texas another military district has been

formed....

In addition to these things, regarded of primary importance, you will,

without committing the Government to any especial conduct, express our

serious anxiety to establish and enforce the debts and annuities due

to them from the Government at Washington, which otherwise they will

never obtain, as that Government would, undoubtedly, sooner rob them

of their lands, emancipate their slaves, and utterly exterminate them,

than render to them justice. Finally, communicate to them the abiding

solicitude of the Confederate States of America to advance their

condition in the direction of a proud political society, with a

distinctive civilization, and holding lands in severalty under

well-defined laws, by forming them into a Territorial government; but

you will give no assurance of State organization and independence, as

they still require the strong arm of protecting power, and may

probably always need our fostering care; and, so far as the agents of

the late Government of the United States may be concerned, you will

converse with them, and such of them as are willing to act with you in

the policy herein set forth you are authorized to substantiate in the

employment of this Government at their present compensation....[230]

Hubbard's mission to the west was quite independent[231] of Pike's,

although both missions were undoubtedly part of the one general plan of

securing as quickly, as surely, and as easily as possible the friendly

cooperation of the Indians. At about the same moment that they were

devised, the Confederacy took yet another means of accomplishing the same

object and one referred to in the letter of Secretary Walker just quoted.

On the thirteenth of this same month of May, 1861, it assigned

Brigadier-general Ben McCulloch "to the command of the district embracing

the Indian Territory lying west of Arkansas and south of Kansas."

McCulloch's orders[232] were "to guard that Territory against invasion

from Kansas or elsewhere," and, for the purpose, in addition to three

regiments of white troops, "to engage, if possible, the service of any of

the Indian tribes occupying the Territory referred to in numbers equal to

two regiments."

Hubbard's part in the prosecution of this great endeavor may as well be

disposed of first. It was of short duration and seemingly barren of direct

results. Hubbard was long in reaching the western boundary of Arkansas. On

the way out he was seized with pneumonia and otherwise delayed by wind and

weather. On the second of June he was still in Little Rock, apparently

much more interested[233] in the local situation in Arkansas than in the

real object of his mission. His intention was to "go up the river to Fort

Smith," June third. From that point, on the twelfth, he addressed the

Cherokee chief, John Ross, and the Confederate general, Ben McCulloch. The

letter was more particularly meant for the former.

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