The Confederate government had started out well. It had dealt with the Indian nations on a basis of dignity and lofty honor, a fact to be accounted for by the circ.u.mstance that Indian affairs were at first under the State Department with Toombs at its head;[464] and, in this connection, let it be recalled that it was under authority of the State Department that Pike had

[Footnote 464: Toombs did not long hold the portfolio. Among the Pickett _Papers_, is a letter from Davis to Toombs, July 24, 1861, accepting with regret his resignation [Package 89].]

entered upon his mission as diplomatic agent to the tribes west of Arkansas.[465] Subsequently, and, indeed, before Pike had nearly completed his work, Indian affairs were transferred[466] to the direction of the Secretary of War and a bureau created in his department for the exclusive consideration of them, Hubbard receiving the post of commissioner.[467]

The Provisional Congress approached the task of dealing with Indian matters as if it already had a big grasp on the subject and intended, at the outset, to give them careful scrutiny and to establish, with regard to them, precedents of extreme good faith. Among the

[Footnote 465: In evidence of this, note, in addition to the material published in Abel, _The American Indian as Slaveholder and Secessionist_, the following letters, the first from Robert Toombs to L.P. Walker, Secretary of War, dated Richmond, August 7, 1861; and the second from William M. Browne, Acting Secretary of State, to Walker, September 4, 1861:

1. "I have the honor to inform you that under a resolution of Congress, authorizing the President to send a Commissioner to the Indian tribes west of Arkansas and south of Kansas, Mr. Albert Pike of Arkansas was appointed such Commissioner under an autograph letter of the President giving him very large discretion as to the expenses of his mission. Subsequent to the adoption of the resolution, above named, Congress pa.s.sed a law placing the Indian Affairs under the control of your Department and consequently making the expenses of Mr. Pike and all other Indian Agents, properly payable out of the appropriation at your disposal for the service of the Indian Bureau."--Pickett _Papers_, Package 106, Domestic Letters, Department of State, vol. i, p.86.

2. "The accompanying letters and reports from Commissioner Albert Pike addressed to your Department are respectfully referred to you, the affairs to which they relate being under your supervision and control."--Ibid., P-93.]

[Footnote 466: A re-transfer to the State Department was proposed as early as the next November [_Journal of the Congress of the Confederate States_, 489].]

[Footnote 467: President Davis recommended the creation of the bureau, March 12, 1861 [Richardson, _Messages and Papers of the Confederacy_, vol. i, p. 58: Journal of the Congress of the Confederate States, vol. i, p. 142]. On the sixteenth, he nominated David Hubbard of Alabama for commissioner [Pickett Papers, Package 88]. The bill for the creation of the bureau of Indian Affairs was signed the selfsame day [Journal, vol. i, 151]. S.S. Scott became Acting Commissioner of Indian Affairs before the year was out.]

things[468] it considered and in some cases favorably disposed of were, the treaties of amity and alliance negotiated by Albert Pike, the transfer of Indian trust

[Footnote 468: The preliminaries of the negotiations with the Indians have not been enumerated here, although they might well have been. On the twentieth of February, 1861, W.P. Chilton of Alabama offered a resolution to inquire into the expediency of opening negotiations [_Journal_, vol. i, 70]. March 4, Toombs urged that a special agent be sent and offered a resolution to that effect [Ibid., 105]. The day following, Congress pa.s.sed the resolution [Ibid., 107]: but left the powers and duties of the special agent, or commissioner, undefined. Davis appointed Pike to the position and, after Congress had expressed its wishes regarding the mission in the act of May 21, 1861, had a copy of the act transmitted to him as his instructions [Richardson, vol. i, 149].

The act of May 21, 1861, carried a blanket appropriation of $100,000, which was undoubtedly used freely by Pike for purposes connected with the successful prosecution of his mission. In December, the Provisional Congress appropriated money for carrying into effect the Pike treaties. The following letter is of interest in connection therewith:

Richmond, Va., 9" December 1861.

Sir: On the 1st or 2nd of August 1861, after I had made Treaties with the Creeks and Seminoles, I authorized James M.C. Smith, a resident citizen of the Creek Nation, to raise and command a company of Creek Volunteers, to be stationed at the North Fork Village, in the Creek country, on the North Fork of the Canadian, where the great road from Missouri to Texas crosses that river, to act as a police force, watch and apprehend disaffected persons, intercept improper communications, and prevent the driving of cattle to Kansas.

The Company was soon after raised, and has remained in the service ever since. At my appointment George W. Stidham acted as Quartermaster and Commissary for it, and without funds from the Government, has supplied it.

By the Treaty with the Seminoles, made on the 1st of August, they agreed to furnish, and I agreed to receive, five companies of mounted volunteers of that Nation. Two companies, and perhaps more, were raised, and have since been received, I understand, by Col. Cooper, and with Captain Smith's company employed in putting down the disaffected party among the Creeks. Under my appointment, Hugh McDonald has acted as Quartermaster and Commissary for the Seminole companies, and made purchases without funds from the Government. After I had made the Treaties with the Reserve Indians and Comanches, in August 1861, Fort Cobb being about to be abandoned by the Texan Volunteers who had held it, I authorized M. Leeper, the Wichita agent, to enlist a small force, of twenty or twenty-five men, under a Lieutenant, for the security of the Agency. He enlisted, (cont.)]

funds from the United to the Confederate States government,[469] the payment of Indian troops and their pensioning.[470] Its disposition to be grateful and generous came out in the honor which it conferred upon John Jumper, the Seminole chief.[471]

A piece of very fundamental work the Provisional Congress did not have time or opportunity to complete.

[Footnote 468: (cont.) I learn, only some fifteen, and he has had them for some time in the service.

I also appointed a person named McKuska, formerly a soldier, to take charge of what further property remained at Fort Cobb, and employed another person to a.s.sist him, agreeing that the former should be paid as Ordnance Sergeant, and the latter as private; and directing the Contractor for the Indians to issue to the former two rations, and to the latter one.

In consequence of the collection of some force of disaffected Creeks and others, and an apprehended attack by them, Col. Douglas H. Cooper called for troops from all the Nations, and I understand that several companies were organized and marched to join his regiment. I think they are still in the service.

I am now empowered to receive all the Indians who offer to enter the service. To induce them to enlist, what is already owing them must be paid; and I earnestly hope that Congress will pa.s.s the bill introduced for that purpose. Respectfully your obedient servant

Albert Pike, _Brig. Genl Commd Dept of Ind. Terr'y_.

Hon. W. Miles, Chairman Com. on Mil. Affs.

[War Department, Office of the Adjutant-General, Archives Division, _Confederate Records_.]]

[Footnote 469: Journal, vol. i, 650, 743, 761. The Confederate government took, in the main, a just, reasonable, and even charitable view on the subject of the a.s.sumption of United States obligations.

Pike had exceeded his instructions in promising the Indians that monetary obligations would be so a.s.sumed. See his letter to Randolph, June 30, 1862.]

[Footnote 470: This matter went over into the regular Congress, which began its work, February 18, 1862. For details of the bill for pensions see _Journal_, vol. i, 43, 79.]

[Footnote 471: "_The Congress of the Confederate States of America do enact_, That the President of the Confederate States be authorized to present to Hemha Micco, or John Jumper, a commission, conferring upon him the honorary t.i.tle of Lieutenant Colonel of the army of the Confederate States, but without creating or imposing the duties of actual service or command, or pay, as a complimentary mark of honor, and a token of good will and confidence in his friendship, good faith, and loyalty to this government...."--_Statutes at Large of the Provisional Government_, 284.]

That work was, the establishment of a superintendency of Indian Affairs in the west that should be a counterpart, in all essentials, of the old southern superintendency, of which Elias Rector had been the inc.u.mbent. Elias Rector and the agents[472] under him, all of whom, with scarcely a single exception, had gone over to the Confederacy, had been retained, not under authority of law, but provisionally. The intention was to organize the superintendency as soon as convenient and give all employees their proper official status. Necessarily, a time came when it was most expedient for army men to exercise the ordinary functions of Indian agents;[473] but even that arrangement was to be only temporary. Without doubt, the enactment of a law for the establishment of a superintendency of Indian affairs was unduly delayed by the prolonged character of Pike's diplomatic mission. The Confederate government evidently did not antic.i.p.ate that the tribes with which it sought alliance would be so slow[474] or so wary in accepting the protectorate it offered. Not until January 8, 1862, did the Provisional Congress have before it the proposition for superintendency organization. The measure was introduced by Robert W. Johnson of Arkansas and it

[Footnote 472: Quite early a resolution was submitted that had in view "the appointment of agents to the different tribes of Indians occupying territory adjoining this Confederacy..." [_Journal_, vol. i, 81.]]

[Footnote 473: _Journal_, vol. i, 245.]

[Footnote 474: Pike was not prepared beforehand for so extended a mission. In November, he wrote to Benjamin, notifying him that he was enclosing "an account in blank for my services as commissioner to the Indian nations west of Arkansas.

"It was not my intention to accept any remuneration, but the great length of time during which I found it necessary to remain in the Indian Country caused me such losses and so interfered with my business that I am constrained unwillingly to present this account. I leave it to the President or to Congress to fix the sum that shall be paid me...."--Pike to Benjamin, November 25, 1861, Pickett _Papers_, Package 118.]

went in succession to the Judiciary and Indian Affairs committees; but never managed to get beyond the committee stage.[475]

February 18, 1862, saw the beginning of the first session of the first congress that met under the Confederate const.i.tution. Six days thereafter, Johnson, now senator from Arkansas, again took the initiative in proposing the regular establishment of an Indian superintendency.[476] As Senate Bill No. 3, his measure was referred to the Committee[477] on Indian Affairs and, on March 11, reported back with amendments.[478] Meanwhile, the House was considering a bill of similar import, introduced on the third by Thomas B. Hanly, likewise from Arkansas.[479] On the eighteenth, it received Senate Bill No. 3 and subst.i.tuted it for its own, pa.s.sing the same on April Fool's day. The bill was signed by the president on April 8.[480]

The information conveyed by the journal entries is unusually meagre; nevertheless, from the little that is given, the course of debate on the measure can be inferred to a certain extent. The proposition as a whole carried, of course, its own recommendation, since the Confederacy was most anxious to retain the Indian friendship and it certainly could not be retained were not some system introduced into the service. In matters of detail, local interests, as always in American legislation, had full play. They a.s.serted themselves most prominently, for example, in the endeavor made

[Footnote 475: _Journal_, vol. i, 640, 672, 743.]

[Footnote 476:--Ibid., vol. ii, 19.]

[Footnote 477: The Committee on Indian Affairs, at the time, consisted of Johnson, chairman, Clement C. Clay of Alabama, Williamson S. Oldham of Texas, R.L.Y. Payton of Missouri, and W.E. Simms of Kentucky.]

[Footnote 478: _Journal_, vol. ii, 51-52.]

[Footnote 479: _Journal_, vol. v, 47.]

[Footnote 480:--Ibid., 210.]

to make Fort Smith, although quite a distance from all parts of the Indian Territory except the Cherokee and Choctaw countries, the permanent headquarters, also in that to compel disbursing agents to make payments in no other funds than specie or treasury notes. The amendment of greatest importance among those that pa.s.sed muster was the one attaching the superintendency temporarily to the western district of Arkansas for judicial purposes. It was a measure that could not fail to be exceedingly obnoxious to the Indians; for they had had a long and disagreeable experience, judicially, with Arkansas.

They had their own opinion of the white man's justice, particularly as that justice was doled out to the red man on the white man's ground.[481] Taken in connection with regulations[482] made by the War Department for the conduct of Indian affairs, the Act of April 8 most certainly exhibited an honest intention on the part of the Confederate government to carry out the provisions of the Pike treaties. The following const.i.tuted its princ.i.p.al features: With headquarters at either Fort Smith or Van Buren, as the president might see fit to direct, the superintendency was to embrace "all the Indian country annexed to the Confederate States, that lies west of Arkansas and Missouri, north of Texas, and east of Texas and New Mexico." A superintendent and six agents were immediately provided for, individually bonded and obligated to continue resident during the term of office, to engage in no mercantile pursuit or gainful occupation

[Footnote 481: The Confederacy, as a matter of fact, never did keep its promise regarding the establishment of a judiciary in Indian Territory. Note Commissioner Scott's remarks in criticism, December i, 1864 [_Official Records_, vol. xli, part iv, 1088-1089].]

[Footnote 482: The regulations referred to can be found in _Confederate Records_, chap. 7, no. 48.]

whatsoever, and to prosecute no Indian claims against the government.

In the choice of interpreters, preference was to be given to applicants of Indian descent. Indian trade privileges were to be greatly circ.u.mscribed and, in the case of the larger nations, the complete control of the trade was to rest with the tribal authorities.

In the case, also, of those same larger nations, the restrictions formerly placed upon land alienations were to be removed. Intruders and spirituous liquors were to be rigidly excluded and all payments to Indians were to be carefully safeguarded against fraud and graft.

Indian customs of citizenship and adoption were to be respected. No foreign interference was to be permitted. Foreign emissaries were to be dealt with as spies and as such severely punished. The Confederate right of eminent domain over agency sites and buildings, forts, and a.r.s.enals was to be recognized, as also the operation of laws against counterfeiting and of the fugitive slave law. In default of regular troops, the Confederacy was to support an armed police for protection and the maintenance of order. The judicial rights of the Indians were to be very greatly extended but the Confederacy reserved to itself the right to apprehend criminals other than Indian.

The intentions of the Confederate government were one thing, its accomplishments another. The act of April 8 was not put into immediate execution, and might have been allowed to become obsolete had it not been for the controversy between Pike and Hindman. On the first of August, while the subject-matter of the address, which he had so imprudently issued to the Indians, was yet fresh in his mind, General Pike wrote a letter of advice, eminently sound advice, to President Davis.[483] Avoiding all captiousness, he set forth a

[Footnote 483: _Official Records_, vol. xiii, 871-874.]