ARTICLE XXXVI. In consideration of the common interests of the Creek

Nation and the Confederate States, and of the protection and rights

guaranteed to the said nation by this treaty, the Creek Nation, hereby

agrees that it will, either by itself or in conjunction with the

Seminole Nation, raise and furnish a regiment of ten companies of

mounted men to serve in the armies of the Confederate States for

twelve months, the company officers whereof shall be elected by the

members of the company, and the field officers by a majority of the

votes of the members of the regiment. The men shall be armed by the

Confederate States, receive the same pay and allowances as other

mounted troops in the service, and not be moved beyond the limits of

the Indian country west of Arkansas without their consent.[423]

ARTICLE XXXVII. The Creek Nation hereby agrees and binds itself at any

future time to raise and furnish, upon the requisition of the

President, such number of troops for the defence of the Indian

country, and of the frontier of the Confederate States as he may fix,

not out of fair proportion to the number of its population, to be

employed for such terms of service as the President may fix; and such

troops shall always receive the same pay and allowances as other

troops of the same class in the service of the Confederate

States.[424]

ARTICLE XXXVIII. It is further agreed by the said Confederate States

that the said Creek Nation shall never be required or called upon to

pay, in land or otherwise, any part of the expenses of the present

war, or of any war waged by or against the Confederate States.[425]

ARTICLE XXXIX. It is further agreed that, after the restoration of

peace, the Government of the Confederate States will defend the

frontiers of the Indian country, of which the Creek country is a part,

and hold the forts and posts therein, with native troops, recruited

among the several Indian Nations included therein, under the command

of officers of the army of the Confederate States, in preference to

other troops.[426]

Although John Ross had positively forbidden the recruiting of any force

within the limits of the Cherokee country, that while nominally for home

defense, should be in reality a reserve force for the Confederacy, he was

unable to prevent individuals from going over, on their own responsibility

entirely, to McCulloch; and many did go and are believed to have

fought[427] with his brigade at the Battle of Oak Hills, or Wilson's

Creek. That battle proved the determining point in this period of Cherokee

history. It was a Confederate victory, and a victory gained under such

circumstances[428] that the watchful Indians had every reason to think

that the southern cause would be triumphant in the end.

The dissensions[429] among the Cherokee and the constant endeavors of the

Ridge Party to develop public sentiment in favor of the Confederacy, to

undermine the popularity of John Ross, and to destroy his influence over

the full-bloods were, and there is no gainsaying it, the real causes of

the ultimate Cherokee defection. The Battle of Wilson's Creek was only the

occasion, only the immediate cause, the excuse, if you please, and of

itself could never have brought about a decision. Yet its effect[430] upon

Cherokee opinion was unquestionably great and immediate, and that effect

was noticeably strengthened and intensified by the memory of other

Federal reverses along the Atlantic seaboard, especially the more recent

and more serious one of Manassas Junction, on the twenty-first of July.

Up to about that time, the neutral policy of John Ross seems to have

received the endorsement of a majority of the Cherokee people. In the last

days of June, the Executive Council had been called together and had,

after a session of several days, publicly and officially approved[431] of

the stand the principal chief had taken to date. But events were already

under way that were to make this executive action in no sense a true index

to popular feeling. The secessionists were secretly organizing themselves,

ready to seize the first opportunity that might appear. The full-bloods,

or non-secessionists, were also organized and, under the name of "Pins,"

were holding meetings of mutual encouragement among the hills. Encounters

between the two factions were not infrequent and the half-breeds resorted

to all sorts of expedients for persuading, or that failing, of frightening

the full-bloods into a compliance with their wishes. They told them that

the Kansas people had designs upon their lands (which was not altogether

untrue), and that the Federal government would free their slaves and

otherwise dispossess, degrade, and humiliate them. Such arguments had

their effect and there was little at hand to counteract it, none in the

memory of the past, none in the neglect and embarrassment of the present,

none in the prospect of the future. There were no Federal troops, no new

Federal assurances of protection. Agent Crawford, who was the only agent

within reach, added his threats and his Confederate promises to those of

the half-breeds. Then came the Battle of Wilson's Creek with its

disastrous Federal showing, and the exhausted resisting power of the Pins

went down before the renewed secessionist ardor.

A meeting of the Cherokee Executive Council had been called for August

first, and John Ross, Joseph Vann, James Brown, John Drew, and William P.

Ross, all prominent non-secessionists, had attended it. On this occasion,

a general, or mass, meeting of the Cherokee people was arranged for, in

response to a public appeal, and the date for it was fixed for the

twentieth of August.[432] In the interval came the news from Springfield

and another communication from Albert Pike.[433]

The convention which met at Tahlequah in August of 1861 ended in the

secession of the Cherokee Nation. While it was in progress, the events of

the last few months were gone over in thorough review and emphasis placed

upon those of recent occurrence. The attendance at the convention was

large.[434] Both political factions were well represented and there seems

to have been only a slight show of force, if any, from the secessionists.

The Reverend Evan Jones is our authority for thinking that some "seventy

or eighty of them appeared there in arms with the intention to break up

the meeting;" but that only two of them succeeded in making any

disturbance.[435] In the course of the meeting, Agent Crawford put in an

appearance and again asserted himself in behalf of the Confederacy. He

"appeared on the platform," says an eyewitness,

And stated that although for some time past he had been among the

Cherokees acting as U. S. Agent, it had been by the advice and consent

of the Confederate authorities, and with the understanding that when

the proper time arrived he should declare himself the Agent of the C.

S. A. That time had now come making this the proudest day of his

life.[436].

Such a confession of baseness seems hardly credible. The secessionist was

entitled to his opinions touching the doctrine of state rights, for which

a difference of view found its justification both in fact and in theory.

He might even conscientiously believe in the righteousness of negro

enslavement, inasmuch as it really did offer an easy solution of a labor

problem; and moreover, would work under a benign paternalism, for the

thorough, because so gradual, development of an inferior race; but by no

standard of personal honor, or of moral rectitude could conduct such as

Crawford's be condoned.

John Ross had opened the meeting with an address in which he had defined

its purposes and his own good intentions, both past and present.

Personally, he seemed still inclined to maintain a neutral attitude but

designing persons had made his position most difficult.[437]

... Our soil has not been invaded, our peace has not been molested,

nor our rights interfered with by either Government. On the contrary,

the people have remained at home, cultivated their farms in security,

and are reaping fruitful returns for their labors. But for false

fabrications, we should have pursued our ordinary vocations without

any excitement at home, or misrepresentations and consequent

misapprehensions abroad, as to the real sentiments and purposes of the

Cherokee people. Alarming reports, however, have been pertinaciously

circulated at home and unjust imputations among the people of the

States. The object seems to have been to create strife and conflict,

instead of harmony and good-will, among the people themselves, and to

engender prejudice and distrust, instead of kindness and confidence,

towards them by the officers and citizens of the Confederate

States....

... The great object with me has been to have the Cherokee people

harmonious and united in the full and free exercise and enjoyment of

all their rights of person and property. Union is strength; dissension

is weakness, misery, ruin. In time of peace, enjoy peace together; in

time of war, if war must come, fight together. As brothers live, as

brothers die. While ready and willing to defend our firesides from the

robber and murderer, let us not make war wantonly against the

authority of the United or Confederate States, but avoid conflict with

either, and remain strictly on our own soil. We have homes endeared to

us by every consideration, laws adapted to our condition of our own

choice, and rights and privileges of the highest character. Here they

must be enjoyed or nowhere else. When your nationality ceases here, it

will live nowhere else. When these homes are lost, you will find no

others like them. Then, my countrymen, as you regard your own rights,

as you regard the welfare of your posterity, be prudent how you act.

The permanent disruption of the United States is now probable. The

State on our border and the Indian nations about us have severed their

connection from the United States and joined the Confederate States.

Our general interests are inseparable from theirs, and it is not

desirable that we should stand alone. The preservation of our rights

and of our existence are above every other consideration. And in view

of all the circumstances of our situation I do say to you frankly that

in my opinion the time has now come when you should signify your

consent for the authorities of the nation to adopt preliminary steps

for an alliance with the Confederate States upon terms honorable and

advantageous to the Cherokee Nation.[438]

[Illustration: COLONEL ADAIR, CHEROKEE [_From Smithsonian Institution,

Bureau of American Ethnology_]]

After having received this most solemn of warnings, "and a few pertinent

and forcible remarks from Colonel Crawford," the meeting organized with

Joseph Vann as president and William P. Ross as secretary. To effect a

reconciliation between the contending factions and to decide upon some

national policy that should be acceptable to the majority of the people,

were, undoubtedly, the objects sought and so, after much discussion, a

series of resolutions was adopted in which these ideas were given

prominence as well as some of kindred importance. The resolutions asserted

the legal and constitutional right of property in slaves and, in no

doubtful terms, a friendship for the Confederacy. Yet the convention

itself took no definite action towards consummating an alliance but left

everything to the discretion of the constituted authorities of the nation,

in whom it announced an unwavering confidence.

Whereas we, the Cherokee people, have been invited by the executive of

the Cherokee Nation, in compliance with the request of many citizens,

to meet in general meeting, for the purpose of drawing more closely

the bonds of friendship and sympathy which should characterize our

conduct and mark our feelings towards each other in view of the

difficulties and dangers which have arisen from the fearful condition

of affairs among the people of the several States, and for the purpose

of giving a free and frank expression of the real sentiments we

cherish towards each other, and of our true position in regard to

questions which affect the general welfare, and particularly on that

of the subject of slavery: Therefore be it hereby

_Resolved_, That we fully approve the neutrality recommended by the

principal chief in the war pending between the United and the

Confederate States, and tender to General McCulloch our thanks for the

respect he has shown to our position.

_Resolved_, That we renew the pledges given by the executive of this

nation of the friendship of the Cherokees towards the people of all

the States, and particularly towards those on our immediate border,

with whom our relations have been harmonious and cordial, and from

whom they should not be separated.

_Resolved_, That we also take occasion to renew to the Creeks,

Choctaws, Seminoles, Chickasaws, and Osages, and others, assurances of

continued friendship and brotherly feeling.

_Resolved_, That we hereby disavow any wish or purpose to create or

perpetuate any distinctions between the citizens of our country as to

the full and mixed blood, but regard each and all as our brothers, and

entitled to equal rights and privileges according to the constitution

and laws of the nation.

_Resolved_, That we proclaim unwavering attachment to the constitution

and laws of the Cherokee Nation, and solemnly pledge ourselves to

defend and support the same, and as far as in us lies to secure to

the citizens of the nation all the rights and privileges which they

guarantee to them.

_Resolved_, That among the rights guaranteed by the constitution and

laws we distinctly recognize that of property in negro slaves, and

hereby publicly denounce as calumniators those who represent us to be

abolitionists, and as a consequence hostile to the South, which is

both the land of our birth and the land of our homes.

_Resolved_, That the great consideration with the Cherokee people

should be a united and harmonious support and defense of their common

rights, and we hereby pledge ourselves to mutually sustain our

nationality, and to defend our lives and the integrity of our homes

and soil whenever the same shall be wantonly assailed by lawless

marauders.

_Resolved_, That, reposing full confidence in the constituted

authorities of the Cherokee Nation, we submit to their wisdom the

management of all questions which affect our interests growing out of

the exigencies of the relations between the United and Confederate

States of America, and which may render an alliance on our part with

the latter States expedient and desirable.

And which resolutions, upon the question of their passage being put,

were carried by acclamation. JOSEPH VANN, President.

Wm. P. Ross, Secretary.

Tahlequah, C. N., August 21, 1861.[439]

In making his plans, prior to the Battle of Wilson's Creek, for effecting

a junction with Price and cooperating with him and others in southwest

Missouri, McCulloch acted, not under direct orders from Richmond, but from

his own desire to take such a position opposite the Cherokee Neutral

Lands, once so outrageously intruded upon by Kansas settlers and now being

made the highway of marauders entering Missouri, as would make it appear

to the Cherokees that he was there as their friend and as the protector of

their interests. After the battle, he refused, and rightly in view of his

own special commission, to accompany Price in his forward march towards

the Missouri River. Instead he drew back into the neighborhood of the

Cherokee boundary and there developed his plans for attacking Kansas,

should such a course be deemed necessary in order to protect Indian

Territory.

It was at this juncture that the Cherokees as a nation expressed their

preference for the South and for the southern cause, moved thereto,

however, by the peculiarities and the difficulties of their situation. The

Executive Council lost no time in communicating[440] to McCulloch the

decision of the Tahlequah mass-meeting and their own determination to

carry out its wishes by effecting an alliance with the Confederacy "as

early as practicable." They realized very clearly that this might "give

rise to movements against the Cherokee people upon their northern border"

and were resolved to be prepared for such an emergency. They, therefore,

authorized the raising of a regiment of mounted men, home guards they were

to be and to be so designated, officered by appointment of the principal

chief, Colonel John Drew being made the colonel. It would appear that the

nucleus of this regiment, and with a strong southern bias, had made[441]

its appearance prior to the Tahlequah meeting and the circumstance gave

rise to the suspicion that the Cherokees had not been acting in good

faith. After the war, the suspicion concentrated, very unjustly, upon John

Ross and was made the most of by Commissioner Cooley at the Fort Smith

conference; in order to accomplish, for reasons dishonorable to the United

States government, the aged chief's deposition.

Drew's regiment of home guards was tendered to McCulloch and he agreed to

accept it[442] but not until after a treaty of alliance should have been

actually consummated between the Cherokees and the Confederate States.

Pending the accomplishment of that highly desirable object, McCulloch

promised to protect the Cherokee borders with his own troops and

confessed[443] that he had already authorized the enlistment of another

force of Cherokees under the command of Stand Watie, which had been

designed to protect that same northern border but "not to interfere with

the neutrality of the Nation by occupying a position within its limits."

It is not easy to decide just when or by whom the use of Indians by the

Federals in the border warfare[444] was first suggested. As late as May

twenty-second, Governor Charles Robinson of Kansas, in a letter[445] to

Superintendent Branch, protested against even so much as arming them,

which would certainly indicate that a general use of their services had

not yet been thought of or resorted to; but, in August, when Senator James

H. Lane was busy organizing his brigade of volunteers for the defense of

Kansas, he resolved,[446] rather officiously, one might think, upon using

some of the Kansas River tribes in establishing "a strong Indian camp near

the neutral lands to prevent forage into Kansas" and arranged for a

conference with the Indians at Fort Lincoln, his headquarters. Soon,

however, a stay of execution was ordered[447] until the matter could be

discussed, in its larger aspects, with Commissioner Dole, to whom

courtesy,[448] at least, would have demanded that the whole affair should

have been first submitted.

Dole was then in Kansas[449] and before long became aware[450] that

General Fremont was also favoring the enlistment of Indians, or, at all

events, their employment by the army in some capacity. He had approached

Agent Johnson on the subject, his immediate purpose being to request Fall

Leaf, a Delaware, "to organize a party of 50 men for the service of" his

department. Agent Johnson called the tribe together and discovered that

the chiefs were much averse to having their young men enlist. Dole

inquired into the matter and assured[451] the chiefs that a few braves

only were needed and those simply for special service and that there was

no intention of asking the tribe, as a tribe, to give its services. The

chiefs refused consent, notwithstanding; but Fall Leaf and a few others

like him did enlist.[452] They were probably among the fifty-three

Delawares, subsequently reported[453] as having been employed by Fremont

to act as scouts and guides. Fall Leaf attained the rank of captain.[454]

Superintendent Branch,[455] be it said, and also Commissioner Dole,[456]

at this stage of the war, were strongly opposed to a general use of the

Indians for purposes of active warfare. They knew only too well what it

was likely to lead to. Indeed, the most that Dole had, up to date,

agreed[457] to, was the supplying the Indians with the means of their own

defense when United States troops had shown themselves quite unavailable.

Dole's opinion being such, it is scarcely to be supposed that he could

have considered favorably Senator Lane's idea of an Indian camp in the

Cherokee Neutral Lands or the one, developed later, of an Indian patrol

along the southern boundary of Kansas. Lane's troubles, quite apart from

his Indian projects, were daily increasing; and, considering the method of

warfare indulged in by him and encouraged in his white troops, the same

one that pro-slavery and free-state men had equally experimented with in

squatter-sovereignty days, it would have been simply deplorable to have

permitted him the free use of Indian warriors. Complaints[458] of Lane and

of his brigade, of their jayhawking and of their marauding were being made

on every hand. Governor Robinson[459] reported these complaints and

endorsed them. Secretary Cameron, while making his western tour of

investigation, heard[460] them and reported them also. Lane

attributed[461] them to personal dislike of him, to envy, to everything,

in fact, except their true cause; but we know now that they were all

well-grounded. Yet, remarkable to relate, Lane's influence with Lincoln

and with the War Department suffered no appreciable decline. His

suggestions[462] were acted upon; and, as we shall presently see, he was

even permitted to organize a huge jayhawking expedition at the beginning

of the next year.

The mention of Lane's jayhawking expedition calls to mind the conditions

that made it seem, at the time, an acceptable thing and takes us back in

retrospect to Indian Territory and to the events occurring there after the

Tahlequah mass-meeting of the twenty-first of August. As soon as the

meeting had broken up, John Ross despatched[463] a messenger to Albert

Pike to inform him of all that had happened and of the Cherokee

willingness, at last, to negotiate with the Confederacy. It was arranged

that Pike should come to the Cherokee country, taking up his quarters

temporarily at Park Hill, the home of Ross near Tahlequah, and that a

general Indian council should be called. A special effort was made to have

the fragmentary bands of the northeast represented and Pike sent out

various agents[464] to urge an attendance. John Ross was also active in

the same interest. He, personally, communicated with the Osages[465] and

with the Creeks[466] by letter; but the Creeks,[467] like Evan

Jones,[468] seem to have been incredulous as to Cherokee defection. They

seem to have doubted the genuineness of the letter sent to them and made

inquiries about it, only to be assured[469] again and again by Ross that

all was well and that he wished the Indians en masse to join the Southern

States.

The council at Tahlequah, viewed in the light of its immediate object, was

unusually successful. Four treaties were negotiated, one[470] at Tahlequah

itself, October seventh, with the Cherokees and three at Park Hill. Of

these three, one[471] was with four bands of the Great Osages, Clermont's,

White Hair's, Black Dog's, and the Big Hill, October second; another[472]

with the Quapaws, October fourth; and the third,[473] on the same day,

with the Senecas[474] (once of Sandusky) and the Shawnees (once of

Lewistown and now of the mixed band of Senecas and Shawnees).

Hereditary[475] chiefs alone signed for the Great Osages, the merit chief,

Big Chief, being, apparently, not present. The notorious ex-United States

agent, J. W. Washbourne,[476] was very much in evidence as would most

likely also have been the equally notorious and disreputable Indian

trader, John Mathews,[477] had he not recently received his deserts at

the hands of Senator Lane's brigade.

The American Indian as Slaveholder and Seccessionist An Omitted Chapter in the Diplomatic History of the Southern Confederacy · 第 9 / 35 段