APPENDIX A—FORT SMITH PAPERS (continued 2)

E. Rector, Supt Ind Affrs

Hon Hudson, Chief Choctaw Nation.

Confederate States of America, War Department Office of Indian Affairs, Richmond, Feby 7th 1862.

Major E. Rector, Superintendent of Ind. Affairs. Fort Smith, Arkansas.

Sir: Your two letters, dated January 9th & 10th, have been received. The former gave a brief statement of the facts, in relation to the arrest, by Agent Leeper, of one Meyer, supposed to be a spy, with $6.455.70, in Drafts and Specie upon his person, and enclosed copies of letters from Messrs Leeper and Shirley, bearing upon same subject. The latter simply covered the Affidavit of a Mr. Barnes, claiming the Drafts referred to, followed by affidavits of Meyer and one Jacob Mariner intended to substantiate it.

The questions presented in this case should properly be investigated by Brig. Genl. Pike, who has command of the Department of the Indian Territory, where this person was arrested; and a letter has therefore been written to him from this Bureau, for the purpose of calling his attention to the fact.

You will take the necessary steps to have the man Meyer turned over to him. Very respectfully,

S. S. Scott, Act’g Comr. of Ind. Affairs.

Fort Smith, 16th Feby 1862

Elias Rector Esq, Superintendent of Ind. Affairs

Sir: As to the case of Fredrick Meyer, arrested as a spy, there is nothing beyond suspicion against him, except his possession of certain drafts drawn by a U. S. Quartermaster on the Assistant Treasurer at New York, and the Statements of Comanche Indians, who are not competent witnesses.

I decline to place him in custody as a spy or to order a Miltary Court to try him. I cannot order his discharge or the return of the drafts and money taken from him, because the Military power is silent, within the limits of Arkansas, in the presence of the Court power, as to reports that may be asserted and remedies that may be pursued, in the Courts. If I had the power, I should make the order.

If you continue to hold the property in question, or to detain the party, you will please consider that you do it on your own authority. I am very respectfully yours,

Albert Pike, Brig. Genl. Commr. Ind. Dept.

Mouth of Canadian, 23d Febr. 1862.

Major: I reached this place last night, and leave this morning. The teams furnished me at Fort Smith are hardly able to go further, and our progress must be slow. I shall hardly reach Spaniard’s Creek before tomorrow night, and wish you to meet me there. I did think of sending the money, at least the specie, direct from this point to North Fork, but have determined to keep it with me until I meet you. If you will meet me at Spaniard’s Creek, we can then determine what disposition to make of it.

Gen. Price is at Walnut Grove, eight miles south of Fayetteville; will take position near Cane Hill, and means to attack as soon as he gets 5,000. men in addition to his present force. McCulloch is on the telegraph road, to his right. They are not acting in harmony, Col. Gatewood says.

Our forces in Kentucky and Tennesse have had to fall back before 70,000 of the enemy. The new position, it is expected, will be at Stevenson and Charleston road. When the enemy took Fort Donelson, both Bowling Green and Columbus became of value to us. Each position was carried. But we have only taken a new position, losing no battle. The fort surrendered. Columbus is or will be evacuated and Nashville surrendered.

There are no means of crossing the Arkansas here, except one boat, that must have a bottom put in it. I must bring at least part of the Choctaws to Gibson, to cross the river and move towards Cane Hill, and in order to be able to do it as soon as possible I wish to turn over the money to you. Truly yours

Albert Pike

Major Elias Rector.

Office Supt Ind. Aff’rs, Fort Smith, Feb’y 28th, 1862.

Sir: I have the honor to acknowledge the receipt of your letter of 23d ultimo notifying me that the sum of $3,000—had been placed to my credit in the Treasury on Requisition No. 23 from the War Department subject to my Draft and request my official signature which is hereto affixed. Very Respectfully your Ob’t Serv’t.

E. Rector, Sup’t Ind. Aff’rs.

E. C. Elmore Esq., Treasurer of the Confederate States Richmond, Va.

Office Sup’t Ind. Affairs, Fort Smith, Feb’y 28th, 1862.

Sir: I have the honor to acknowledge the receipt of your letter of Jany 1st accompanying Tabular Statements sent out by Gen’l Pike. On his arrival here I was absent in the Indian Country where I had been ordered by him to meet a Delegation of wild Comanches and Kiawas. Genl P— did not leave the money here to be paid over to me but tuck it in the Indian Country to his head quarters, where he will I presume pay it out to the Indians himself. Very Respectfully, your ob’t Serv’t.

E. Rector, Sup’t Ind Affairs.

S. S. Scott Esq. Acting Com’r Ind. Affairs, Richmond, Va.

[Rector to Scott]

Office Supt Ind. Affairs, March 4th, 1862.

Sir: I deem it my duty, in justice to myself, as well as my duty to the government to notify you that Gen’l Pike has been paying over certain of the funds sent out by him to the Indians, one payment which he has made, I wish here to enter my protest against as not meeting with my approbation, it was in paying over to Agent A. J. Dorn the specie sent out for the Indians in his Agency. My objections to said payment are these: Agent Dorn has never executed a Bond to the Confederate government for the faithful accounting for of funds placed in his hands, and I should certainly not turn over large amounts of government funds to any Agent in my Department until he first gave a good and sufficient Bond and next; the Agency which Mr. Dorn fills is in the limits of the State of Kansas and has been in the possession of the Federals for six or seven months, Dorn cannot even get to it, he has no fixed locality for his Agency sometimes he is with the army, at others in the State and is now here at this place and has with him the money.

I am clearly of the opinion that this money should have been kept in some safe place in this State until after our present troubles are over. The Federal army is now invading within fifty miles of this place and between him and the Indians for whom Dorn is Agent, which makes it impossible for him to pay it to them if he so intends.

None of the Agents in this Superintendency have entered into Bond. Nor do I know whether they intend to do so except Agent Rutherford he came here from his Agency a few days since for the purpose of giving his Bond but is now on a bead of sickness from which it is doubtful if he ever recovers....

Elias Rector.[589]