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The American Indian as Participant in the Civil War

X. NEGOTIATIONS WITH UNION INDIANS

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As though the Indians had not afflictions enough to endure merely because of their proximity to the contending whites, life was made miserable for them, during the period of the Civil War, as much as before and after, by the insatiable land-hunger of politicians, speculators, and would-be captains of industry, who were more often than not, rogues in the disguise of public benefactors. Nearly all of them were citizens of Kansas. The cessions of 1854, negotiated by George W. Manypenny, Commissioner of Indian Affairs, were but a prelude to the many that followed. For years and years there was in reality never a time when some sort of negotiation, sub rosa or official, was not going on. The order of procedure was pretty much what it had always been: a promise that the remaining land should be the Indian's, undisturbed by white men and protected by government guarantee, forever; encroachment by enterprising, covetous, and lawless whites; conflict between the two races, the outraged and the aggressive; the advent of the schemer, the man with political capital and undeveloped or perverted sense of honor, whose vision was such that he saw the Indian owner as the only obstacle in the way of vast material and national progress; political pressure upon the administration in Washington, lobbying in Congress; authorization of negotiations with the bewildered Indians; delimitation of the meaning of the solemn and grandly-sounding word, forever.

When the war broke out, negotiations, begun in the

everlasting sorrow and despoliation, the Indians have been fated to place a child-like trust in those least worthy.

Behind Pomeroy's suggestion was the spirit of retaliation, of meting out punishment to the Indians, who, because they had been so basely deserted by the United States government, had gone over to the Confederacy; but the Kansas politicians saw a chance to kill two birds with one stone, vindictively punish the southern Indians for their defection and rid Kansas of the northern Indians, both emigrant and indigenous. The intruders upon Indian lands, the speculators and the politicians, would get the spoils of victory. Against the idea of punishing the southern Indians for what after all was far from being entirely their fault, the friends of justice marshaled their forces. Dole was not exactly of their number; for he had other ends to serve in resisting measures advanced by the Kansans, yet, to his credit be it said that he did always hold firmly to the notion that tribes like the Cherokee were more sinned against than sinning. The government had been the first to shirk responsibility and to violate sacred obligations. It had failed to give the protection guaranteed by treaties and it was not giving it yet adequately.

It is not easy to determine always just what motives did actuate Commissioner Dole. They were not entirely above suspicion and his name is indissolubly connected with some very nefarious Indian transactions; but fortunately they have not to be recounted here. At the very time when he was offering unanswerable arguments against the propositions of Lane and Pomeroy, he was entertaining something similar to those propositions in his own mind. A special agent, Augustus Wattles, who had been sufficiently familiar and mixed-up with the free state and pro-slavery controversy to be called upon to give testimony before the Senate

a willingness to sell a part of their Reserve; but again Coffin was too grasping and another season of waiting intervened.

In the summer of 1863, negotiations were undertaken

Notes in this chapter

Note 1 · Footnote 622: (return) For example, take the petitions forwarded by M.W. Delahay, surveyor-general of Kansas [Indian Office Consolidated FilNote 2 · Footnote 623: (return) Intruders upon the Osage lands, as upon the Cherokee Neutral, were numerous for years before the war. Agent Dorn was Note 3 · Footnote 624: (return) He described him as a self-appointed guardian of the Osages, as a scamp and a nuisance [Coffin to Dole, June 17, 1861Note 4 · Footnote 625: (return) Chapman, August 26, 1860, inquired of Greenwood whether there was any prospect of a treaty being negotiated with the Note 5 · border warfare days, were still going on. This was most true as regarded the Osages, whose immense holding in southern Kansas was something Note 6 · Footnote 626: (return) United State Congressional Globe, 37th congress, second session, part ii, p. 1246.Note 7 · Footnote 627: (return) Dole to Smith, April 2, 1862, Indian Office Report Book, no. 12, 353-354.Note 8 · Footnote 628: (return) Dole to Smith, March 17, 1862, ibid., 335-337.Note 9 · The defection of portions of the southern tribes offered an undreamed of opportunity for Kansas politicians to accomplish their purposes. ThNote 10 · Footnote 629: (return) Dole to Smith, March 17, 1862, Indian Office Report Book, no. 12, 335.Note 11 · Footnote 630: (return) Report of April 2, 1862.Note 12 · Footnote 631: (return) Dole to Smith, March 20, 1862, Indian Office Report Book, no. 12, 343-344.Note 13 · Footnote 632: (return) Daily Conservative, May 10, 1862. Note the arguments in favor of confiscation as quoted from the Western Volunteer.Note 14 · of Indian relations."629 And he insisted that the whole of the present Indian country should be left to the Indians.630 The honor of the govNote 15 · Footnote 633: (return) Robertson wrote to the Secretary of the Interior, January 7, 1862, asking most earnestly "that decisive measures be nNote 16 · Footnote 634: (return) Jones wrote frequently and at great length on the subject of justice to the Cherokees. One of his most heartfelt appeNote 17 · Footnote 635: (return) Cyrus Aldrich, representative from Minnesota and chairman of the House Committee on Indian Affairs referred the memorNote 18 · The true friends of justice were men of the stamp of W.S. Robertson633 and the Reverend Evan Jones,634 who went out of their way to plead thNote 19 · Footnote 636: (return) Robinson, Kansas Conflict, 358.Note 20 · Footnote 637: (return) —Ibid., 370. For other facts touching Wattles and his earlier career, see Villard, John Brown, index; Wilson, John BrNote 21 · Footnote 638: (return) On the entire subject of negotiations with the Indians of Kansas, see Abel, Indian Reservations in Kansas and the ExtNote 22 · Footnote 639: (return) For additional information about Stevens, see Daily Conservative, February 11, 12, 13, 28, 1862. Senator Lane denouncNote 23 · Footnote 640: (return) Dickey's interest in the house-building is seen in the following: Dickey to Greenwood, February 26, 1861, Indian OffiNote 24 · Footnote 641: (return) Stevens to Mix, August 24, 1861, Indian Office Special Files, no. 201, Sac and Fox, S439 of 1861.Note 25 · Harper's Ferry Investigating Committee636 and who had been on the editorial staff of the New York Tribune,637 had, in 1861, been sent by theNote 26 · From a letter641 of protest, written by Stevens against Wattles's mission of inspection, it can be inferred that there was a movement on fooNote 27 · Footnote 642: (return) Wattles to Dole, January 10, 1862, Indian Office Special Files, no. 201, Central Superintendency, W 528 of 1862.Note 28 · Footnote 643: (return) Department of the Interior, Register of Letters Received, "Indians," no. 4, p. 439.Note 29 · Footnote 644: (return) The papers relating to the mission are collected in Indian Office Special Files, no. 201.Note 30 · policy. His conclusions were right, his premises, necessarily unrevealed, were false. Wattles became involved in the emigration movement, ifNote 31 · In February of 1862, the House of Representatives called643 for the papers relating to the Wattles mission644 and, in March, Wattles expatiaNote 32 · Footnote 645: (return) Indian Office Consolidated Files, Central Superintendency, W 528 of 1862; Department of the Interior, Register of LetNote 33 · Footnote 646: (return) Ok-ta-ha-ras Harjo and others to Dole, April 5, 1862, Indian Office General Files, Creek, 1860-1869, O 45; Coffin to Note 34 · Footnote 647: (return) On the outside of the Seminole petition, the office instruction for its answer of May 7, 1862, reads as follows: "SayNote 35 · emigration and consolidation scheme in a report to Secretary Smith.645 Then, yet in advance of congressional authorization, began a systematNote 36 · As if urged thereto by some influence malign or fate sinister, the loyal portion of two of the southern tribes, the Creeks and the SeminolesNote 37 · Footnote 648: (return) Indian Office Consolidated Files, Neosho, A 476 of 1862. See also Indian Office report to the Secretary of the InteriNote 38 · Footnote 649: (return) Indian Office Consolidated Files, Neosho, E 94. of 1862.Note 39 · Footnote 650: (return) Coffin to Dole, April 5, 1862, ibid., C 1583.Note 40 · Footnote 651: (return) Communication of April 10, 1862, transmitted by Chapman to Dole, ibid., C 1640.Note 41 · Footnote 652: (return) Elder to Coffin, July 9, 1862, ibid., E 114.Note 42 · Footnote 653: (return) Coffin to Dole, November 16, 1862, ibid., C 1904.Note 43 · Negotiations with the Osages had been going on intermittently all this time. No opportunity to press the point of a land cession had ever beNote 44 · Footnote 654: (return) Indian Office Consolidated Files, Kickapoo, I 655 of 1862 and I 361 of 1864.Note 45 · Footnote 655: (return) —Ibid., B 355 of 1863 and I 361 of 1864.Note 46 · Footnote 656: (return) Albert W. Horton to Pomeroy, June 20, 1863 and O.B. Keith to Pomeroy, June 20, 1863, Indian Office Consolidated FilesNote 47 · Footnote 657: (return) Lane and A.C. Wilder requested the Interior Department, September 1, 1863, "that no rights be permitted to attach to Note 48 · Footnote 658: (return) Dole, however, seems to have become thoroughly reconciled to the idea. He submitted his views upon the subject once mNote 49 · With slightly better success the Kickapoos were approached. Their lands were coveted by the Atchison and Pike's Peak Railway Company and AgeNote 50 · Not much headway was made with Indian treaty-making in 1862.658 In March, 1863, an elementNote 51 · Footnote 659: (return) Presumably, Lane was the chief promoter of it. See Baptiste Peoria to Dole, February 9, 1863, Indian Office General FNote 52 · Footnote 660: (return) U.S. Statutes at Large, vol. xii, 793.Note 53 · Footnote 661: (return) Dole to Usher, July 29, 1863, Indian Office Report Book, no. 13, p. 211.Note 54 · Footnote 662: (return) His associates were then the three men, Lewis Downing, James McDaniel, and Evan Jones, who had been appointed delegatNote 55 · conditioning a greater degree of success was introduced into the government policy.659 That was by the Indian appropriation act, which, in aNote 56 · Scarcely had the law been enacted when John Ross and other Cherokees, living in exile and in affluence, offered to consider proposals for a Note 57 · Footnote 663: (return) See Office letter of November 19, 1863.Note 58 · Footnote 664: (return) David M. Harlan to Dole, December 20, 1864, Indian Office General Files, Cherokee 1859-1865, H 1033.Note 59 · Footnote 665: (return) Johnson to Dole, May 24, 1863, ibid., Delaware, 1862-1866.Note 60 · real encouragement663 to renew their offer, yet the Cherokees had as early as February repudiated their alliance with the southern ConfederaNote 61 · Almost simultaneously with Ross's first application came an offer from the oppressed Delawares to look for a new home in the far west, in WaNote 62 · Footnote 666: (return) "... I would most respectfully suggest that a Treaty be gotten up by you and the Sec. of the Interior, and sent to meNote 63 · Footnote 667: (return) Cutler to Dole, May, 1863, ibid., General Files, Creek, 1860-1869, C 240.Note 64 · Footnote 668: (return) Ok-ta-ha-ras Harjo and others to "Our Father," April 1, 1863, (Indian Office General Files, Creek, 1860-1869).Note 65 · Footnote 669: (return) Same to same, May 16, 1863, ibid., O 6.Note 66 · Footnote 670: (return) Coffin to Dole, May 23, 1863, ibid., Land Files, Southern Superintendency, 1855-1870.Note 67 · in deadly earnest. A commencement was made with the Creeks in May, Agent Cutler calling the chiefs in council and laying before them the draNote 68 · Coffin next came forward with a suggestion that Indian colonization in Texas would be far preferable to colonization elsewhere, although if Note 69 · Footnote 671: (return) A treaty had been made with the Pottawatomies by W.W. Ross, their agent, November 15, 1861 [ibid., Pottawatomie, I 54Note 70 · Footnote 672: (return) Cutler to Dole, June 6, 1863, Indian Office General Files, Creek, 1860-1869.Note 71 · Footnote 673: (return) —Ibid.Note 72 · Footnote 674: (return) Coffin to Dole, March 22, 1863.Note 73 · Footnote 675: (return) Proctor's letter of July 31, 1863 would indicate that Dole went to the Cherokee Agency before the Sac and Fox. ProctoNote 74 · Footnote 676: (return) Indian Office Land Files, Treaties, Box 3, 1864-1866.Note 75 · Footnote 677: (return) Usher to Dole, March 23, 1864, ibid.,Note 76 · evident. The Pottawatomies671 asked to be allowed to settle on the Creek land,672 but the Creeks were letting their treaty hang fire. They wNote 77 · Thinking to make better progress with the treaties and better terms if he himself controlled the government end of the negotiations, CommissNote 78 · Footnote 678: (return) Its binding force upon them was, however, a subject of discussion afterwards and for many years [Superintendent ByersNote 79 · Footnote 679: (return) For an interpretation of the treaty relative to the claims of the loyal Creeks, see Dole to Lane, January 27, 1864 [iNote 80 · Footnote 680: (return) Article IV. Both the Creeks and the Seminoles, in apprising the Indian Office of the fact that they had organized as Note 81 · Footnote 681: (return) The Sacs and Foxes brought forward a claim against the southern refugees, for the "rent of 204 buildings," amounting Note 82 · Footnote 682: (return) Negotiations with the Shawnees had been undertaken in 1862. In June, Black Bob, the chief of the Shawnees on the Big Note 83 · Indians but they rejected it altogether.678 The Senate amendments were not such as they could conscientiously and honorably submit to and maNote 84 · Other treaties negotiated by Dole were with the Sacs and Foxes of Mississippi,681 the Osages, the Shawnees,682Note 85 · Footnote 683: (return) The Kaw lands had been greatly depredated upon and encroached upon [ibid., Land Files, Kansas, 1862]. Dole anticipateNote 86 · and the New York Indians. He attempted one with the Kaws but failed.683 The Osages, who had Footnote 682: (return) (cont.) [Telegram, A.H. BNote 87 · Footnote 684: (return) They had recently done another thing that, at the time of occurrence, the Federals in Kansas deemed highly commendablNote 88 · recently684 so generously consented to receive the unwelcome Footnote 683: (return) (cont.) designed to place upon the Seneca-Shawnee lands.Note 89 · Footnote 685: (return) Coffin to Dole, July 13, 1863, ibid., General Files, Southern Superintendency, 1863-1864. Coffin had been directed, bNote 90 · Footnote 686: (return) "About 100 of the Osages with their Chiefs and headmen visited the Sac and Fox agency to meet me on the 20th to CouncNote 91 · refugees on the Ottawa Reserve,685 were distinctly overreached by the government representatives, working in the interest of corporate wealtNote 92 · Footnote 687: (return) Connelley, Quantrill and the Border Wars, 335-420.Note 93 · Footnote 688: (return) "I arrived here last night from Leroy, after having succeeded in effecting a treaty with the Osage Indians by which tNote 94 · unavoidably detained by the Delawares and by Quantrill's raid upon Lawrence,687 so, becoming impatient, they left. The commissioner followedNote 95 · Footnote 689: (return) The propositions were in the form of a memorandum, drawn up by White Hair, principal chief of the Great and Little OsNote 96 · it was not a conclusive thing; for, in October, the Osage chiefs were still making propositions689 and Footnote 688: (return) (cont.) the prNote 97 · Footnote 690: (return) Abel, Indian Consolidation West of the Mississippi.Note 98 · Footnote 691: (return) Charles Mograin warned Dole of this.Note 99 · making them after the fashion of the Creeks long before at Indian Springs.690 Dole had finally to be told that the rank and file of the OsagNote 100 · Footnote 692: (return) The establishment of a separate command for Indian Territory was not accomplished all at once. In December, 1862, SteNote 101 · As with the war as a whole, so with that part of it waged on the Arkansas frontier, the year 1863 proved critical. Its midsummer season saw Note 102 · Footnote 693: (return) Official Records, vol. xxii, part ii, 771-772.Note 103 · Footnote 694: (return) —ibid., 771.Note 104 · Footnote 695: (return) —ibid., 843; Confederate Records, chap. 2, no. 270, pp. 25-27.Note 105 · and Texas from the Trans-Mississippi Department.693 Both were accomplished in January and both were directly due to a somewhat tardy realizaNote 106 · The man chosen, after others, his seniors in rank, had declined the dubious honor,695 for the command of Indian Territory was William SteeleNote 107 · Footnote 662: (return) (cont.) by the newly-constructed national council, for doing business with the United States government [Commissioner
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