of slavery in the said nation is legal and has existed from time
immemorial; that slaves are taken and deemed to be personal property;
that the title to slaves and other property having its origin in the
said nation, shall be determined by the laws and customs thereof; and
that the slaves and other personal property of every person domiciled
in said nation shall pass and be distributed at his or her death, in
accordance with the laws, usages and customs of the said nation, which
may be proved like foreign laws, usages & customs, and shall
everywhere be held valid and binding within the scope of their
operation [p. 296].
[285] P. 369.
[286] Article XVII of the Cherokee Treaty [p. 399].
[287]
ARTICLE XV (Creek Treaty). The Confederate States shall protect the
Creeks from domestic strife, from hostile invasion, and from
aggression by other Indians and white persons not subject to the
jurisdiction and laws of the Creek Nation, and for all injuries
resulting from such invasion or aggression, full indemnity is hereby
guaranteed to the party or parties injured, out of the Treasury of the
Confederate States, upon the same principle and according to the same
rules upon which white persons are entitled to indemnity for injuries
or aggressions upon them committed by Indians [p. 293].
See also Article XXI of the Choctaw and Chickasaw Treaty and Article XV of
the Seminole Treaty.
[288] Manypenny to Dean, November 30, 1855 [Indian Office, _Letter Book_,
no. 53, pp. 94-95]. Dean to Manypenny, December 25, 1855 [_Letter Press
Book_].
[289] Compare Article XX of the Cherokee Treaty and Article XXIV of the
Choctaw and Chickasaw Treaty with Article XVI of the Creek Treaty and all
of these with Article XVI of the Seminole Treaty.
[290] See, for example, Article XVIII of the Seminole Treaty [p. 336].
[291] One other important right was conceded and that was the right of
free transit. The concession is well stated in the Creek Treaty and occurs
in connection with a prohibition against the pasturing of stock by
outsiders within the Creek country.
ARTICLE XXII. No citizen or inhabitant of the Confederate States shall
pasture stock on the lands of the Creek Nation, under the penalty of
one dollar per head for all so pastured, to be collected by the
authorities of the nation; but their citizens shall be at liberty at
all times, and whether for business or pleasure, peaceably to travel
the Creek country; and to drive their stock to market or otherwise
through the same, and to halt such reasonable time on the way as may
be necessary to recruit their stock, such delay being in good faith
for that purpose.
ARTICLE XXIII. It is also further agreed that the members of the Creek
Nation shall have the same right of travelling, driving stock and
halting to recruit the same in any of the Confederate States as is
given citizens of the Confederate States by the preceding article [p.
295].
[292] Article LXV of the Creek Treaty, Article XXVI of the Choctaw and
Chickasaw Treaty, Article XXXI of the Seminole Treaty, and Article XXII of
the Cherokee Treaty.
[293] Article XVIII of the Creek Treaty, Article XXV of the Choctaw and
Chickasaw Treaty, Article XIX of the Seminole Treaty, and Article XXI of
the Cherokee Treaty.
[294] Article LXV of the Creek Treaty and Article XXXI of the Seminole
Treaty.
[295] Tush-ca-hom-ma at Boggy Depot and Cha-lah-ki at Tahlequah.
[296] Article XXX of the Creek Treaty, Article XLIII of the Choctaw and
Chickasaw Treaty, Article XXX of the Seminole Treaty, and Article XXXV of
the Cherokee Treaty.
[297] Article XXVIII of the Creek Treaty, Article XLIV of the Choctaw and
Chickasaw Treaty, Article XXVIII of the Seminole Treaty, Article XXXIII of
the Cherokee Treaty, Article XXXVI of the Osage Treaty, Article XXVII of
the Seneca and Shawnee Treaty, and Article XXVII of the Quapaw Treaty.
[298] Article XXIX of the Cherokee Treaty and Article XXIII of the Choctaw
and Chickasaw Treaty.
[299]
ARTICLE XXXI (Cherokee Treaty). Any person duly charged with a
criminal offence against the laws of either the Creek, Seminole,
Choctaw or Chickasaw Nations, and escaping into the jurisdiction of
the Cherokee Nation, shall be promptly surrendered upon the demand of
the proper authority of the nation within whose jurisdiction the
offence shall be alleged to have been committed; and in like manner,
any person duly charged with a criminal offence against the laws of
the Cherokee Nation, and escaping into the jurisdiction of either of
the said nations, shall be promptly surrendered upon the demand of the
proper authority of the Cherokee Nation [pp. 401-402].
Note the development from the corresponding extradition clause in the
earlier treaties of the series. In the Creek and Seminole treaties,
extradition was as between Creeks and Seminoles exclusively. In the
Choctaw and Chickasaw Treaty, it was as between Choctaws and Chickasaws
exclusively. In this treaty of the Cherokees, all the tribes were to be
sharers in the extradition privilege; but it is difficult to understand
how a clause in the Cherokee Treaty could be made legally binding upon
other Indians than Cherokee.
[300] Article XXVI.
[301] It was also a one-sided affair in the treaties of the Second Class.
See Article XXXIV of the Osage Treaty, Article XXV of the Seneca and
Shawnee Treaty, and Article XXV of the Quapaw Treaty.
[302] Article XXXVII of the Choctaw and Chickasaw Treaty [p. 320], and
Article XXXII of the Cherokee Treaty [p. 402].
[303] Article XXXI of the Creek Treaty, Article XLVI of the Choctaw and
Chickasaw Treaty, Article XXXII of the Seminole Treaty, and Article XXXVI
of the Cherokee Treaty. Note that the enjoyment of the privilege by the
Seminole Nation was to be conditioned upon its own establishment of
regular courts.
[304] There were also secret articles to some of the treaties. The
indications are that such secret articles entailed the customary bribery
of chiefs and influential men upon whose support depended successful
negotiation.
[305] Article VII of the Osage Treaty [p. 364].
[306] Article XIII of the Choctaw and Chickasaw Treaty [p. 315].
[307] Article IX of the Cherokee Treaty [p. 397].
[308] Article LXVI of the Creek Treaty, Article XLIV of the Seminole,
Article LIII of the Cherokee.
[309] Article LXIV [p. 330].
[310] Article XL of the Wichita Treaty and Article X of the Comanche.
[311] Article XI of the Creek Treaty, Article XVI of the Choctaw and
Chickasaw Treaty, Article XI of the Seminole Treaty, Article XIII of the
Cherokee Treaty, Article IV of the Osage Treaty, Article V of the Seneca
and Shawnee Treaty, and Article IV of the Quapaw Treaty.
[312] Article XII of the Creek Treaty, Article XVII of the Choctaw and
Chickasaw Treaty, Article XII of the Seminole Treaty, Article XIV of the
Cherokee Treaty, Article V of the Osage Treaty, Article VI of the Seneca
and Shawnee Treaty, and Article V of the Quapaw Treaty. After the war the
posts in certain specified cases were to be garrisoned by native troops.
[313] The reference is the same as the foregoing with two exceptions;
viz., Article XXVIII of the Osage Treaty and Article XX the Quapaw Treaty.
[314] Article XIII of the Creek Treaty, Article XVIII of the Choctaw and
Chickasaw Treaty, and Article XIII of the Seminole Treaty.
[315] The provision in the Osage Treaty was one exception to this. It was
definitely said there that there should be no compensation.
[316] The details of this will come out in the chapter following.
[317]
ARTICLE XXXVIII (Choctaw and Chickasaw Treaty). In order to secure the
due enforcement of so much of the laws of the Confederate States in
regard to criminal offences and misdemeanors as is or may be in force
in the said Choctaw and Chickasaw country, and to prevent the Choctaws
and Chickasaws from being further harassed by judicial proceedings had
in foreign courts and before juries not of the vicinage, the said
country is hereby erected into and constituted a judicial district of
the Confederate States to be called the Tush-ca-hom-ma District, for
the special purposes and jurisdiction hereinafter provided; and there
shall be created and semi-annually held, within such district, at
Boggy Depot, a district court of the Confederate States, with the
powers of a circuit court, so far as the same shall be necessary to
carry out the provisions of this treaty, and with jurisdiction
co-extensive with the limits of such district, in such matters, civil
and criminal, to such extent and between such parties as may be
prescribed by law, and in conformity to the terms of this treaty [p.
320].
Articles XXXIX, XL, XLI, and XLII more specifically define the
jurisdiction.
[318] See Article XXIII of the Cherokee Treaty, and, for the jurisdiction
of the court, see Articles XXIV, XXV, and XXVI.
[319] Article XXXV.
[320] Article XXVI.
[321] Article XXVI.
[322] In other ways than this, the treaties with the minor tribes stressed
the "peculiar institution." Consider, for instance, in the matter of
extradition, how it was not the criminal generally, but only the fugitive
slave that was to be reciprocally extradited. Moreover, as a rule, the
weak tribes all pledged themselves to try to return negroes and other
property and were assured that negroes should come under the jurisdiction
of tribal laws.
[323] Article II [p. 395].
[324] Article LII [p. 410].
[325] Article XXXIX [p. 403].
[326] Without doubt some preliminary sounding of Leeper must have preceded
the accompanying document. Pike would hardly have written with such
assurance or given such instructions unless he had been very sure of his
ground.
FORT SMITH, ARKANSAS, 26th May 1861.
SIR: I have been appointed by the President of the Confederate States
of America Commissioner to the Indian Tribes West of Arkansas, with
discretionary powers, for the purpose of making treaties of alliance
with them, and of enlisting troops to act with the forces of the
Confederate States.
In the exercise of the powers entrusted to me, I hereby authorize and
request you to exercise the powers of Agent for the Wichitas and other
Indians in the Country leased from the Choctaws and Chickasaws, until
you shall receive a regular commission therefor. Your compensation
will be the same as that received from the United States, to commence
from the day when you resigned as agent of the United States.
And you are hereby instructed forthwith to repair to your agency, and
to inform the Indians under your charge that the Confederate States of
America will take you themselves and fully comply with all the
obligations entered into by the United States in their behalf;
securing and paying all that may be due them from injury; and
especially that they will continue to supply them with rations, as it
has heretofore been done, until they shall no longer need to be
supplied.
You will also please inform them that I shall in a short time be among
them, to enter into a treaty with them, on the part of the Confederate
States.
You will impress upon them that the people of Texas are now a part of
the Confederate States, and must no longer be looked upon as enemies:
and if any troops from Texas should come within your jurisdiction, you
will particularly warn them against doing any harm to the Indians
under your charge.
You will make known to the Delawares, and if practicable to the
Kickapoos, that it is my desire, and I have authority, to enlist a
battalion of 350 men, of the Delawares, Kickapoos, and Shawnees, and
will especially assure the Kickapoos, that if they have any cause of
complaint against any of the people of Texas, it will be inquired
into, and reparation made, and that they must in no case commit any
act of hostility against Texas.
I shall be greatly obliged to you for all assistance you can render in
securing the services in arms of the Kickapoos and Delawares. They
will be paid like other mounted men, receiving 40 cents a day for use
and risk of their horse, in addition to their pay, rations, and
clothing.
I need not say that I place much reliance on your zeal and
intelligence and assure you that your services will not fail to be
appreciated by the Government of the Confederate States. Most
respectfully yours
ALBERT PIKE, Comm{r}, C. S. A. to the
Indian Tribes, West of Arkansas.
Matthew Leeper Esq.
_Leeper Papers._
[327] It is not clear as to just when Elias Rector left the United States
service or when he entered the Confederate. The Indian Office in
Washington was communicating with him officially for some little time
after Griffith had been notified of his appointment. There seems no reason
to doubt that Rector was working in the interests of the Southern
Confederacy all through the spring of 1861; and, when he went over openly
to the South, he did not close his accounts with the United States Indian
Office. He was accordingly regarded as a defaulter and there was talk of
confiscating his property at Fort Smith [W. G. Coffin to Dole, January 29,
1864, General Files, _Southern Superintendency, 1863-1864_, I640; Dole to
Usher, February 2, 1864, Indian Office, _Report Book_, no. 13, p. 297].
In the course of his official connection with the United States government
Elias Rector had frequently been accused of irregularities and even of
crookedness [General Files, _Southern Superintendency, 1859-1862_, C1222].
As touching the Seminole removal from Florida, he had much that was
peculiar to explain away. Apparently he quite frequently made queer
contracts, was given to making over-charges for mileage and to favoring
his friends at the expense of the Indians and of the government. In 1861,
he rendered a voucher showing he had paid a certain Henry Pape $6000.00
for building the Wichita Agency house. On various matters connected with
his official record, see Rector's _Letter Press Book_ and Indian Office,
_Letter Books_, no. 64, p. 342; no. 65, P. 49; no. 66, p. 26. In 1865,
Rector made application to be allowed to straighten out his accounts [J.
B. Luce to Cooley, November 2, 1865].
Returning, however, to the subject of Rector's incumbency: on the twelfth
of June, 1861, he wrote quite frankly to John Schoenmaker, principal of
the Osage Mission,
... I have no connection at this time with the Indian Department under
the old U. S. Government. I am now acting as Superintendent under the
Government of the Confederate States, and as no treaties have as yet
been concluded between the Southern confederacy and the tribes of
Indians with whom you are engaged I of course can say nothing to you
on the subject matter of your letter....--General Files, _Southern
Superintendency, 1859-1862_.
The Confederate southern superintendency had not at the time been filled,
but Rector seems to have been considered the most competent candidate.
Johnson, in recommending various men to Walker for various positions,
recommended Rector in strong terms of implied commendation,
Dr. Griffith wants to be appointed superintendent in place of E.
Rector. Do not allow this to be done. Hold everything as it is until
peace and unity are attained, and then make all the changes you think
proper; but not now--not now, by all manner of means.
I do earnestly beg you to keep your agencies as they were. They are
good and true men, and popular and qualified with the tribes and their
business. Restore and commission Elias Rector, superintendent; John
Crawford, Cherokee agent; William Quesenbury, Creek agent; Samuel M.
Rutherford, Seminole agent; and Matthew Leeper, Wichita agent; and if
Cooper has resigned (which I fear is the case), appoint Richard P.
Pulliam (who is the next best living man on earth for the place, I
believe) as agent of the Choctaws. With this programme you will have
peace and success; without it, no one can tell your troubles or our
misfortunes on this frontier....--_Official Records_, first ser., vol.
iii, 598.
[328] Dole to Robinson, April 9, 1861 [Indian Office, _Letter Book_, no.
65, 323].
[329] Dole to Rector, April 6, 1861 [--_ibid._, p. 317].
[330] General Files, _Southern Superintendency, 1859-1862_, G463.
[331] General Files, _Southern Superintendency, 1859-1862_, G463.
[332] Smith to Dole, May 4, 1861; Dole to Rector, May 9, 1861 [Indian
Office, _Letter Book_, no. 65, p. 440].
[333] Johnson to Walker, June 25, 1861 [_Official Records_, first ser.,
vol. iii, 598].
[334] Caleb B. Smith to Dole, April 6, 1861 [General Files, _Southern
Superintendency, 1859-1862_].
[335] Dole to Quesenbury [Indian Office, _Letter Book_, no. 65, p. 330].
In the middle of the summer, George A. Cutler became United States agent
for the Creeks [_ibid._, no. 66, p. 200].
[336] Dole to Crawford [_ibid._, no. 65, p. 331].
[337] Rector to Greenwood, August 31, 1860 [_Letter Press Book_].
[338] November 27, 1860, he voted in the affirmative on a resolution
against Lincoln's election and against the advisability of Arkansas
members of Congress taking their seats during his administration [Arkansas
House _Journal_, thirteenth session, 1860-1861, p. 234].
[339] On the thirteenth of June, when Crawford wrote, resigning his
commission, he said in extenuation of his conduct,
I only accepted through the influence of friends knowing then the
Cherokee Indians was Southern in their feelings and did not wish a
Northern man sent among them to act as Agent & as the Government of
the Southern Confederacy has in their wisdom thought best to take
charge of all the Indian Tribes south of Kansas and the Indians all
being anxious to join in with the South and oppose to the bitter end
the course now pursued by the Northern Government--I most respectfully
decline acting as agent for the Cherokee Indians under the
Administration of A. Lincoln.--CRAWFORD to Dole, June 13, 1861
[General Files, _Cherokee, 1859-1865_, C1376].
[340] Crawford to Dole, May 20, 1861 [_ibid._].
[341]
The excitement here is at an alarming pitch for the last few days I
trust to God that those in power will do something to settle this
interruption in the government and something must be done soon or War
will ensue troops were drilling here last night at ten oclock, State
troops, strong talk of attacking Fort Smith the President of the
Convention has called the Convention to meet on the 6th day of May and
the State will seceed if there is not something done immediately
perhaps war will be commenced before you receive my letter though I
trust not. I should very much to know that the North and South were
engaged in a war, if you can do anything to have those troubles
settled use your influence with the President in calling a national
convention or something else to have peace....--CRAWFORD to Dole,
dated Van Buren, April 21, 1861 [General Files, _Cherokee, 1859-1865_,
C1044].
[342] Smith to Dole, April 20, 1861 [General Files, _Wichita, 1860-1861_,
I320].
[343] Some slight account of the Wichita Agency and of Agent Leeper's
defection has already been narrated. A number of documents elucidating the
subject are to be found in the "Appendix."
[344] Dole to Elder, April 29, 1861 [Indian Office, _Letter Book_, no. 65,
pp. 390-391]; Mix to Elder, August 22, 1861 [_ibid._, no. 66, pp.
283-284].
[345] See, for instance, Stockton to Usher, February 20, 1864 [General
Files, _Southern Superintendency, 1863-1864_].
[346] See Isaac Coleman, United States Indian agent, to Superintendent
Elijah Sells, a copy of which letter is retained in the Office of Indian
Affairs, the original having been sent to the office of the United States
attorney-general, October 10, 1865.
[347] Commissioner of Indian Affairs, _Report_, 1865, pp. 310, 345.
[348] The reference is, presumably, to a portion of the money that the
United States government had allowed the Choctaws in satisfaction of
claims arising under the treaties of 1830 and 1855 [Act of March 2, 1861,
U. S. _Statutes at Large_, vol. xii, 238]. The episode of the Corn
Contract was directly connected with the expenditure of the money. For
documents bearing upon it, see Land Files, _Choctaw, 1874-1876_, Box 39,
C1078, particularly documents labelled "N," "O," and "P." Document "N" is
a communication from Albert Pike to the General Council of the Choctaw
Nation, received at the June session, 1861, and is most interesting as
showing how Pike mixed up private and public business and, indeed, gave to
private the preference.
FRIENDS AND BROTHERS: You are aware that since the year 1854 M{r} John
T. Cochrane and myself, aided by Col. Cooper your agent and by your
delegates, have been engaged at Washington in prosecuting the just
claims of your people under the treaty of 1830 before the Government
of the United States.
We have succeeded in procuring a final award of the Senate, giving you
the net proceeds of all the lands which you ceded by that treaty, and
a Report from the Committee of Indian Affairs, estimating the sum due
you at over two millions three hundred thousand dollars.
At the last session of Congress, we succeeded in procuring an
appropriation on account of this debt of $250,000 in money and
$250,000 in bonds of the United States.
Owing to the unfortunate difficulties between the Northern and
Southern States, one hundred and thirty-eight thousand dollars, only,
of the sums, has been paid, $135,000 of which was placed in your
Agent's hands, ostensibly to purchase corn; and most of it remains
unexpended.
Towards my expenses while prosecuting your claims and towards my fee,
I have received the sum of sixteen hundred dollars. My expenses alone,
in four years have been five thousand dollars.
I have had to abandon my other business, to attend to yours: and
unless some part of my compensation is paid, or my expenses repaid me,
my property will have to be sold to pay my debts. I am entirely
without money, and have you only to look to.
I have labored for you very faithfully; and am sure your Delegates
will tell you that, but for me your claims would never have been
allowed; and but for me, after they were allowed, the appropriation
would not have been obtained.
The whole of the claims will be paid whenever peace is restored,
either by the United States, or by the Confederate Southern States. I
shall take it in charge and never desert you until all is paid.
I respectfully and earnestly request you to cause to be paid to me,
out of the moneys now in the Agent's hands, for my expenses, and on
account of my fee, such sum of money as you may think just and right;
and which I hope will not be less than seven thousand five hundred
dollars.
I also desire to inform you that I have been appointed by the
President of the Confederate States, a Commissioner to your Nation,
and all the other Nations and Tribes west of Arkansas; that I shall at
the proper time come among you to counsel with you, and that I shall
take your interests in charge, and see that your title to your lands,
and all annuities, and other moneys due you by the United States are
assumed and guaranteed by the Confederate States. On this you may
implicitly rely; as it is the promise of one who never breaks his
word.
Let your people therefore, and the Chickasaws remain perfectly quiet
until the proper time arrives, and look to me for advice. If any
emissaries from Arkansas come among you, hear them and say nothing. So
it is that wise men do. The State of Arkansas has nothing whatever to
do with you, and cannot protect you. The Confederate States are both
able and willing to do so; and when they have guaranteed your rights,
it will be time enough for you to act. Your friend
(signed) ALBERT PIKE.
Office of the National Secretary of the Choctaw Nation.
[Endorsement] I hereby certify that the foregoing is a true copy from
the original letter from Albert Pike on file in the National
Secretary's Office.
Given under my hand and official seal. Done at Chahta Tamaha, November
1{st} A.D. 1873.
(signed) JNO. P. TURNBULL, National Secretary Choctaw Nation.
[349] Pike's programme of operations is outlined in his letter to Toombs
of May 29, 1861: