Coffin next came forward with a suggestion that Indian colonization in Texas would be far preferable to colonization elsewhere, although if nothing better could be done, he would advocate the selection of the Osage land on the Arkansas and its tributaries.[670] Why he wanted to steer clear of the Indian Territory is not

[Footnote 666: "... I would most respectfully suggest that a Treaty be gotten up by you and the Sec. of the Interior, and sent to me and Gov.

Carney and some other suitable com. to have ratified in due form and returned. And you will pardon me for saying that the Treaty should be a model for all that are to follow with the broken and greatly reduced, and fragmental tribes in the Indian Territory, and may be made greatly to promote the interests of the Indians and the Government especially in view of the removal of the Indians from Kansas and Nebraska as contemplated by recent Act of Congress."--COFFIN to Dole, March 22, 1863, Ibid., Land Files, _Southern Superintendency_, 1855-1870, C 117.]

[Footnote 667: Cutler to Dole, May, 1863, Ibid., General Files, _Creek_, 1860-1869, C 240.]

[Footnote 668: Ok-ta-ha-ras Harjo and others to "Our Father," April 1, 1863, (Indian Office General Files, _Creek_, 1860-1869).]

[Footnote 669: Same to same, May 16, 1863, Ibid., O 6.]

[Footnote 670: Coffin to Dole, May 23, 1863, Ibid., Land Files, _Southern Superintendency_, 1855-1870.]

evident. The Pottawatomies[671] asked to be allowed to settle on the Creek land,[672] but the Creeks were letting their treaty hang fire.

They wanted it made in Washington, D.C., and they wanted one of their great men, Mik-ko-hut-kah, then with the army, to a.s.sist in its negotiation.[673] Opoeth-le-yo-ho-la had died in the spring[674] and they were seemingly feeling a little helpless and forlorn.

Thinking to make better progress with the treaties and better terms if he himself controlled the government end of the negotiations, Commissioner Dole undertook a trip west in the late summer.[675] By the third of September the Creek treaty was an accomplished fact.[676]

Aside from the cession of land for the accommodation of Indian emigrants, its most important provision was a recognition of the binding force of Lincoln's Emanc.i.p.ation Proclamation. In due course, the treaty went to the Senate and, in March, was accepted by that body with amendments.[677] It went back to the

[Footnote 671: A treaty had been made with the Pottawatomies by W.W.

Ross, their agent, November 15, 1861 [ibid., _Pottawatomie_, I 547 of 1862]. Its negotiation was so permeated by fraud that the Indians refused to let it stand [Dole to Smith, January 15, 1862].

At this time, 1863, Superintendent Branch, against whom charges of gambling, drunkenness, licentiousness, and misuse of annuity funds had been preferred by Agent Ross [Indian Office General Files, _Pottawatomie_, R 21 and 143 of 1863], was endeavoring to persuade Father De Smet to establish a Roman Catholic Mission on their Reserve. De Smet declined because of the exigencies of the war. His letter of January 5, 1863, has no file mark.]

[Footnote 672: Cutler to Dole, June 6, 1863, Indian Office General Files, _Creek_, 1860-1869.]

[Footnote 673:--Ibid.]

[Footnote 674: Coffin to Dole, March 22, 1863.]

[Footnote 675: Proctor's letter of July 31, 1863 would indicate that Dole went to the Cherokee Agency before the Sac and Fox. Proctor was writing from the former place and he said, "Mr. Dole leaves to-day for Kansas ..." [Indian Office General Files, _Southern Superintendency_, 1863-1864, C 466].]

[Footnote 676: Indian Office Land Files, _Treaties_, Box 3, 1864-1866.]

[Footnote 677: Usher to Dole, March 23, 1864, Ibid.,]

Indians but they rejected it altogether.[678] The Senate amendments were not such as they could conscientiously and honorably submit to and maintain their dignity as a preeminently loyal and semi-independent people.[679] One of the amendments was particularly obnoxious. It affected the provision that deprived the southern Creeks of all claims upon the old home.[680] Dole's Creek treaty of 1863 was never ratified.

Other treaties negotiated by Dole were with the Sacs and Foxes of Mississippi,[681] the Osages, the Shawnees,[682]

[Footnote 678: Its binding force upon them was, however, a subject of discussion afterwards and for many years [Superintendent Byers to Lewis V. Bogy, Commissioner of Indian Affairs, February 7, 1867, Ibid., General Files, _Creek_, 1860-1869, B 94].]

[Footnote 679: For an interpretation of the treaty relative to the claims of the loyal Creeks, see Dole to Lane, January 27, 1864 [ibid., _Report Book_, no. 13, pp. 287-291]. It is interesting to note that a certain Mundy Durant who had been sixty years in the Creek Nation, put in a claim, February 23, 1864, in behalf of the "loyal Africans." He asked "that they have guaranteed to them equal rights with the Indians ..." "All of our boys," said he, "are in the army and I feel they should be remembered ..." [Ibid., General Files, _Creek_, 1860-1869, D 362].]

[Footnote 680: Article IV. Both the Creeks and the Seminoles, in apprising the Indian Office of the fact that they had organized as a nation, had voiced the idea that the southern Indians had forfeited all their rights "to any part of the property or annuities ..."]

[Footnote 681: The Sacs and Foxes brought forward a claim against the southern refugees, for the "rent of 204 buildings," amounting to $14,688.00 [Indian Office Land Files, _Southern Superintendency_, 1855-1870, Letter of May 14, 1864. See also Dole to Usher, March 25, 1865, Ibid., also I 952, C 1264, and C 1298, Ibid.,].

Coffin thought the best way to settle their claim was to give them a part of the Creek cession [Coffin to Martin, May 23, 1864, and Martin to Dole, May 26, 1864, Ibid., General Files, _Sac and Fox_, 1862-1866, M 284]. The Sac and Fox chiefs were willing to submit the case to the arbitrament of Judge James Steele. Martin was of the opinion that should their treaty, then pending, fail it would be some time before they would consent to make another. This treaty had been obtained with difficulty, only by Dole's "extraordinary exertions with the tribe" [Martin to Dole, May 2, 1864, Ibid., M 270].]

[Footnote 682: Negotiations with the Shawnees had been undertaken in 1862. In June, Black Bob, the chief of the Shawnees on the Big Blue Reserve in Johnson County, Kansas, protested against a treaty then before Congress. He claimed it was a fraud (cont.)]

and the New York Indians. He attempted one with the Kaws but failed.[683] The Osages, who had

[Footnote 682: (cont.) [Telegram, A.H. Baldwin to Dole, June 4, 1862, ibid., _Shawnee_, 1855-1862, B 1340 of 1862], which was the red man's usual apprais.e.m.e.nt of the white man's dealings. A rough draft of another treaty seems to have been sent to Agent Abbott for the Shawnees on July 18 and another, substantially the same, December 29.

One of the matters that called for adjustment was the Shawnee contract with the Methodist Episcopal Church South, Dole affirming that "as the princ.i.p.al members of that corporation, and those who control it are now in rebellion against the U.S. Government, the said contract is to be regarded as terminated...." [Indian Office Land Files, _Shawnee_, 1860-1865, I 865]. Usher's letter to Dole of December 27, 1862 was the basis of the instruction. Dole's negotiations of 1863 were impeached as were all the previous, Black Bob and Paschal Fish, the first and second chiefs of the Chillicothe Band of Shawnees, leading the opposition. Agent Abbott was charged with using questionable means for obtaining Indian approval [Ibid., General Files, _Shawnee_, 1863-1875]. Conditions at the Shawnee Agency had been in a bad state for a long time, since before the war. Guerrilla attacks and threatened attacks had greatly disturbed domestic politics. They had interfered with the regular tribal elections.

"Last fall (1862), owing to the constant disturbance on the border of Mo., the election was postponed from time to time, until the 12th of January. Olathe had been sacked, Shawnee had been burned, and the members of the Black Bob settlement had been robbed and driven from their homes, and it had not been considered safe for any considerable number to congregate together from the fact that the Shawnees usually all come on horseback, and the bushwhackers having ample means to know what was going on, would take the opportunity to make a dash among them, and secure their horses.

"De Soto was designated as the place to hold the election it being some twenty miles from the border ..."--Abbott to Dole, April 6, 1863, Ibid., Land Files, _Shawnee_, 1860-1865, A 158. In the summer, the Shawnees made preparations for seeking a new home. Their confidence in Abbott must have been by that time somewhat restored, since the prospecting delegation invited him to join it [ibid., _Shawnee_, A 755 of 1864]. A chief source of grievance against him and cause for distrust of him had reference to certain depredation claims of the Shawnees [Ibid., General Files, _Shawnee_, 1855-1862, I 801].]

[Footnote 683: The Kaw lands had been greatly depredated upon and encroached upon [Ibid., Land Files, _Kansas_, 1862]. Dole antic.i.p.ated that troubles were likely to ensue at any moment. He, therefore, desired to put the Kaws upon the Cherokee land just as soon as it was out of danger [Dole to H.W. Farnsworth, October 24, 1863, ibid., _Letter Book_, no. 72, p. 57]. Jeremiah Hadley, the agent for a contemplated Mission School among the Kaws, was much exercised as to how a removal might affect his contract and work. See his letter to Dole, November 17, 1863.

An abortive treaty was likewise made with the Wyandots, whom Dole (cont.)]

recently[684] so generously consented to receive the unwelcome

[Footnote 683: (cont.) designed to place upon the Seneca-Shawnee lands. Both the Wyandots and the Seneca-Shawnees objected to the ratification of the treaty [Coffin to Dole, January 28, 1864, Indian Office Consolidated Files, _Neosho_, C 639 of 1864].]

[Footnote 684: They had recently done another thing that, at the time of occurrence, the Federals in Kansas deemed highly commendable. They had murderously attacked a group of Confederate recruiting officers, whom they had overtaken or waylaid on the plains. The following contemporary doc.u.ments, when taken in connection with Britton's account [_Civil War on the Border_, vol. ii, 228], W.L. Bartles's address [Kansas Historical Society, _Collections_, vol. viii, 62-66], and Elder's letter to Blunt, May 17, 1863, _Official Records_, vol. xxii, part ii, 286, amply describe the affair:

(a)

"I have just returned to this place from the Grand Council of the Great and Little Osage Indians. I found them feeling decidedly fine over their recent success in destroying a band of nineteen rebels attempting to pa.s.s through their country. A band of the Little Osages met them first and demanded their arms and that they should go with them to Humboldt (as we instructed them to do at the Council at Belmont). The rebels refused and shot one of the Osages dead. The Osages then fired on them. They ran and a running fight was kept up for some 15 miles. The rebel guide was killed early in the action.

After crossing Lightning Creek, the rebels turned up the creek toward the camp of the Big Hill Camp. The Little Osages had sent a runner to aprise the Big Hills of the presence of the rebels and they were coming down the creek 400 strong, and met the rebels, drove them to the creek and surrounded them. The rebels displayed a white flag but the Indians disregarded it. They killed all of them as they supposed; but afterwards learned that two of them, badly wounded, got down a steep bank of the creek and made their escape down the creek. They scalped them all and cut their heads off. They killed 4 of their horses (which the Indians greatly regretted) and captured 13, about 50 revolvers, most of the rebels having 4 revolvers, a carbine and saber. There were 3 colonels, one lieutenant-colonel, one major and 4 captains. They had full authority to organise enroll and muster into rebel service all the rebels in Colorado and New Mexico where they were doubtless bound. Major Dowdney [Doudna] in command of troops at Humboldt went down with a detachment and buried them and secured the papers, letting the Indians keep all the horses, arms, etc. I have no doubt that this will afford more protection to the frontiers of Kansas than anything that has yet been done and from the frequency and boldness of the raids recently something of the kind was very much needed. The Indians are very much elated over it. I gave them all the encouragement I could, distributed between two and three hundred dollars worth of goods amongst them. There was a representative at the Council from the Osages that have gone South, many of them now in the army. He stated that they were all now very anxious to get back, and wished to know if they should meet the loyal Osages on the hunt on the Plains and come in with them if they could be suffered to stay. I gave him a letter to them promising them if they returned immediately and (cont.)]

refugees on the Ottawa Reserve,[685] were distinctly overreached by the government representatives, working in the interest of corporate wealth. In August, the chief men of the Osages had gone up to the Sac and Fox Agency to confer with Dole,[686] but Dole was being

[Footnote 684: (cont.) joined their loyal brethren in protecting the frontiers, running down Bushwhackers, and ridding the country of rebels, they should be protected. I advised them to come immediately to Humboldt and report to Major Dowdney and he would furnish them powder and lead to go on the hunt. This seemed to give great satisfaction to all the chiefs as they are exceedingly desirous to have them back and the representative started immediately back with the letter, and the Indians as well as the Fathers of the Mission have no doubt but they will return. If so, it will very materially weaken the rebel force now sorely pressing Col. Phillips' command at Fort Gibson.

"The Osages are now very desirous to make a treaty are willing to sell 25 miles in width by 50 off the east end of their reservation and 20 miles wide off the north side, but I will write more fully of this in a day or two."--COFFIN to Dole, June 10, 1863, Indian Office Consolidated Files, _Neosho_, C 299 of 1863.

(b)

"It will be remembered that sometime in the month of May last a party consisting of nineteen rebel officers duly commissioned and authorised to organise the Indians and what rebels they might find in Colorado and New Mexico against the Government of the United States while pa.s.sing through the country of the Great and Little Osages were attacked and the whole party slaughtered by these Indians. As an encouragement to those Indians to continue their friendship and loyalty to our Government, I would respectfully recommend that medals be given to the Head Chief of the combined tribes, White Hair, and the Head Chief of the Little Bear and the chiefs of the Big Hill bands, Clarimore and Beaver, four in all who were chiefly instrumental in the destruction of those emissaries.

"I believe the bestowal of the medals would be a well deserved acknowledgment to those chiefs for an important service rendered and promotive of good."--COFFIN to Dole, Indian Office Consolidated Files, _Neosho_. C 596.]

[Footnote 685: Coffin to Dole, July 13, 1863, Ibid., General Files, _Southern Superintendency_, 1863-1864. Coffin had been directed, by an office letter of June 24 to have the refugees removed.

See also, Dole to Hutchinson, June 24, 1863, ibid., _Letter Book_, no. 71, p. 69. Other primary sources bearing upon this matter are, Hutchinson to ?, June 11, 1863, ibid., _Ottawa_, 1863-1873, H 230; Elder to Dole, August 10, 1863, _Neosho_, E 22 of 1863; Hutchinson to Dole, August 21, 1863, _Ottawa_, D 236 of 1863; Mix to Elder, September 11, 1863, ibid., _Letter Book_, no.

71, p. 383.]

[Footnote 686: "About 100 of the Osages with their Chiefs and headmen visited the Sac and Fox agency to meet me on the 20th to Council and probably make a treaty to dispose of a part of their reserve. I was detained with the Delawares and Quantrels raid upon Lawrence and did not reach the reserve (cont.)]

unavoidably detained by the Delawares and by Quantrill's raid upon Lawrence,[687] so, becoming impatient, they left. The commissioner followed them to Leroy and before the month was out, he was able to report a treaty as made.[688] It was apparently done over-night and yet

[Footnote 686: (cont.) until the 25th and found the Osages had left that day for their homes. I followed them to this place [Leroy] 40 miles south of the Sac and Fox agency and have been in Council with them for two days. I have some doubt about succeeding in a treaty as the Indians do not understand parting with their lands in trust. I could purchase all we want at present for not exceeding 25 cts pr acre but doubt whether the Senate would ratify such a purchase--as they have adopted the Homestead policy with the Gov't lands and would not wish to purchase of the Indians to give to the whites. I propose to purchase 25 miles by 40 in the S.E. corner of their reserve @ 5 pr.

ct making a dividend of 10,000 annually. I have two reasons for this purchase. 1st I want the land for other Kansas tribes and 2nd The Indians are paupers now and must have this much money any way or starve. Then I propose to take in trust the north half of their reserve--to be sold for their benefit as the Sac and Fox and other tribes dispose of their lands. To this last the Indians object they want to sell outright and I may fail in consequence. We shall not differ much about the details--if we can agree on the main points--I shall know to-day--

"From here I return to the Sac and Fox agency where I have some hopes of making a treaty with them or at least agree upon the main points so soon as they can be provided with another home--The fact that we have failed to drive the traitors out of the Indian Country interfers very much with my operations here--from the Sac and Fox Reserve I may go to the Pottawatamies but rather expect that I will return to Leavenworth where I shall again council with the Delawares and from there go to the Kickapoos--Senator Pomeroy is here with me and will probably remain with me--Judge Johnston is also with me and a.s.sisting me as Clerk since Mr. Whiting left. This is not considered as a very safe country as Bush Whackers are plenty and bold--You may show this to Sec Usher--"--Indian Office Consolidated Files, _Neosho_, D 195 of 1863.]