XI. INDIAN TERRITORY IN 1863, JANUARY TO JUNE INCLUSIVE

FACSIMILE OF MONTHLY INSPECTION REPORT OF THE SECOND CREEK REGIMENT OF MOUNTED VOLUNTEERS.

Although fully realizing that it was incumbent upon him to hold Fort Smith as a sort of key to his entire command, Steele knew it would be impossible to

Indian Territory was really in a terrible condition. Late in 1862, it had been advertised even by southern men as lost to the Confederate cause and had been

The second regiment, after many vicissitudes, and after having gotten rid of its unmanageable elements, notably, the Osages and the Quapaws, had become a Cherokee and the third was largely so. That third regiment was Phillips's own and was the only one that could claim the distinction of being disciplined and even it was exposed occasionally to the chronic weakness of all Indian soldiers, absence without leave. The Indian, on his own business bent, was disposed to depart whenever he pleased, often, too, at times most inopportune, sometimes, when he had been given a special and particular task. He knew not the usages of army life and really meant no offence; but, all the same, his utter disregard of army discipline made for great disorder.

It was not the chief cause of disorder, however, for that was the unreliability of the regimental officers. The custom, from the first, had been to have the field officers white men, a saving grace; but the company officers, with few exceptions, had been Indians and totally incompetent. Strange as it may seem, drilling was almost an unknown experience to the two regiments that had been mustered in for the First Indian Expedition. To obviate some of the difficulties already encountered, Phillips had seen to it that the third regiment had profited by the mistakes of its forerunners. It had, therefore, been supplied with white first lieutenants and white sergeants, secured from among the non-commissioned men of other commands. The result had fully justified the innovation. After long and careful observation, Phillips's conclusion was that it was likely to be productive of irretrievable disaster and consequently an unpardonable error of judgment "to put men of poor ability in an Indian regiment." Primitive man has an inordinate respect for a strong

character. He appreciates integrity, though he may not have it among his own gifts of nature. "An Indian company improperly officered" will inevitably become, to somebody's discomfiture, "a frightful mess."

If any one there was so foolish as to surmise that the independent commands, northern and southern, would be given free scope to solve the problems of Indian Territory, unhampered by contingent circumstances, he was foreordained to grevious disappointment. Indian Territory had still to subserve the interests of localities, relatively more important. It would be so to the very end. In and for herself, she would never be allowed to do anything and her commanders, no matter how much they might wish it otherwise—and to their lasting honor, be it said, many of them did—would always have to subordinate her affairs to those of the sovereign states around her; for even northern states were sovereign in practice where Indians were concerned. General Steele was one of the men who endeavored nobly to take a large view of his responsibilities to Indian Territory. Colonel Phillips, his contemporary in the opposite camp, was another; but both met with insuperable obstacles. The attainment of their objects was impossible from the start. Both men were predestined to failure.

Foraging or an occasional scouting when the weather permitted was the only order of the winter days for Federals and Confederates. With the advent of spring, however, Phillips became impatient for more aggressive action. He had been given a large programme, no insignificant part of which was, the restoration of refugees to their impoverished homes; but his first business would necessarily have to be, the occupancy of the country. Not far was he allowed to venture within

it during the winter; because his superior officers wished him to protect, before anything else, western Arkansas. Schofield and, after Schofield's withdrawal from the command of southwestern Missouri, Curtis had insisted upon that, while Blunt, to whom Phillips, after a time, was made immediately accountable, was guardedly of another way of thinking and, although not very explicit, seemed to encourage Phillips in planning an advance.

The Cherokee Council assembled without the preliminary formality of a new election. War conditions

The legislative work of the Cherokee Council, partisan body that it was, with Lewis Downing as its presiding officer and Thomas Pegg as acting Principal Chief, was reactionary, yet epochal. It comprised several measures and three of transcendant importance, passed between the eighteenth and the twenty-first:

1. An act revoking the alliance with the Confederate States and re-asserting allegiance to the United States.

2. An act deposing all officers of any rank or character whatsoever, inclusive of legislative, executive, judicial, who were serving in capacities disloyal to the United States and to the Cherokee Nation.

His Indian soldiers loved him. They believed in him. He was able to accomplish wonders in training them. He looked after their welfare and he did his best to make the government and its agents of the Indian Office keep faith with the refugees. Quite strenuously, too, he advocated further enlistments from among the Indians, especially from among those yet in Indian Territory. If the United States did not take care, the Confederates would successfully conscript where the Federals might easily recruit. In this matter as in many another, he had Blunt's unwavering support; for Blunt wanted the officers of the embryo fourth and fifth regiments to secure their commands. Blunt's military district was none too full of men.

March was then as now the planting season in the Arkansas Valley and, as Phillips rightly argued, if the indigent Indians were not to be completely pauperized, they ought to be given an opportunity to be thrown once more upon their own resources, to be returned home in time to put in crops. When the high waters subsided and the rivers became fordable, he grew more insistent. There was grass in the valley of the Arkansas and soon the Confederates would be seizing the stock that it was supporting. He had held the line of the Arkansas by means of scouts all winter, but scouting would not be adequate much longer. The Confederates were beginning, in imitation of the Federals, to attach indigents to their cause by means of relief distribution and the "cropping season was wearing on."

At the end of March, some rather unimportant changes were made by Curtis in the district limits of his department and coincidently Phillips moved over the border. The first of April his camp was at Park Hill. His great desire was to seize Fort Smith; for he

realized that not much recruiting could be done among the Choctaws while that post remained in Confederate hands. Blunt advised caution. It would not even do to attempt as yet any permanent occupation south of the Arkansas. Dashes at the enemy might be made, of course, but nothing more; for at any moment those higher up might order a retrograde movement and anyhow no additional support could be counted upon. Halleck was still calling for men to go to Grant's assistance and accusing Curtis of keeping too many needlessly in the West. The Vicksburg campaign was on.

wonder, whether in joining the Confederacy, they had not made a terrible mistake, a miscalculation beyond all remedying.

To the Confederates, tragically enough, the Indian's tale of woe and of regret had a different meaning. The

ordinarily not strictly within the range of military cognizance.

Just and generous as General Steele endeavored to

be in the matter of attention to Indian necessities, his efforts were unappreciated largely because of evil influences at work to undermine him and to advance Douglas H. Cooper. Steele had his points of vulnerability, his inability to check the Federal advance and his remoteness from the scene of action, his headquarters being at Fort Smith. Connected with the second point and charged against him were all the bad practices of those men who, in their political or military control of Indian Territory, had allowed Arkansas to be their chief concern. Such practices became the foundation stone of a general Indian dissatisfaction and, concomitantry, Douglas H. Cooper, of insatiable ambition, posed as the exponent of the idea that the safety of Indian Territory was an end in itself.

be allowed to settle, on equal terms with the Cherokees, within the Cherokee country. The proposal, as construed by Taylor and his party, was nothing more or less than a suggestion that the Cherokees surrender their nationality, their political integrity, the one thing above everything else that they had sought to preserve when they entered into an active alliance with the Confederate States. So sordid was the bargain proposed, so unequal, that the thought obtrudes itself that a base advantage was about to be taken of the Cherokee necessities and that the objectors were justified in insinuating that Boudinot and his political friends were to be the chief beneficiaries. The Cherokee country was already practically lost to the Confederacy. Might it not be advisable to distribute the tribal lands, secure individual holdings, while vested rights might still accrue; for, should bad come to worse, private parties could with more chance of success prosecute a claim than could a commonalty, which in its national or corporate capacity had committed treason and thereby forfeited its rights. One part of the Cherokee protest merits quotation here. Its noble indignation ought to have been proof enough for anybody.

... We were present when the treaty was made, were a party to it, and rejoiced when it was done. In that treaty our rights to our country as a Nation were guaranteed to us forever, and the Confederate States promised to protect us in them. We enlisted under the banner of those States, and have fought in defense of our country under that treaty and for the rights of the South for nearly two years. We have been driven from our homes, and suffered severe hardships, privations, and losses, and now we are informed, when brighter prospects are before us, that you think it best for us to give part of our lands to our white friends; that, to defend our country and keep troops for our protection, we must raise and enlist them from

our own territory, and that it is actually necessary that they are citizens of our country to enable us to keep them with us. To do this would be the end of our national existence and the ruin of our people. Two things above all others we hold most dear, our nationality and the welfare of our people. Had the war been our own, there would have been justice in the proposition, but it is that of another nation. We are allies, assisting in establishing the rights and independence of another nation. We, therefore, in justice to ourselves and our people, cannot agree to give a part of our domain as an inducement to citizens of another Government to fight their own battles and for their own country; besides, it would open a door to admit as citizens of our Nation the worst class of citizens of the Confederate States ...