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.

[Footnote 727: _Official Records_, vol. xxii, part ii, 101.]

[Footnote 728:--Ibid., 111-112.]

[Footnote 729:--Ibid., 115.]

3. An act emanc.i.p.ating slaves throughout the Cherokee country.[730]

His detention in Arkansas was not at all to Phillips's liking. It tried his patience sorely; for he felt the crying need of Indian Territory for just such services as his and, try as he would, he could not visualize that of Arkansas. Eagerly he watched for a chance to return to the Cherokee country. One offered for the fifth of March but had to be given up. Again and yet again in letters[731] to Curtis and Blunt he expostulated against delay but delay could not well be avoided. The pressure from Arkansas for a.s.sistance was too great.

Blunt sympathized with Phillips more than he dared openly admit and tacitly sanctioned his advance. Never at any time could there have been the slightest doubt as to the singleness of the virile Scotchman's purpose. In imagination he saw his adopted country repossessed of Indian Territory and of all the overland approaches to Texas and Mexico from whence, as he supposed, the Confederacy expected to draw her grain and other supplies. Some regard for the Indian himself he doubtless had; but he used it as a means to the greater end. His sense of justice was truly British in its keenness.

[Footnote 730: Ross to Dole, April 2, 1863 [Indian Office General Files, _Cherokee_, 1859-1865, R 87]; Commissioner of Indian Affairs, _Report_, 1863, p. 23; Britton, _Civil War on the Border_, vol. ii, 24-25; Moore, _Rebellion Record_, vol. vi, 50; Eaton, _John Ross and the Cherokee Indians_, 196.]

[Footnote 731: Britton [_Civil War on the Border_, vol. ii, 27]

conveys the idea that, while Phillips, truly enough, wished to enter the Indian country at the earliest day practicable, he did not care to go there before the Indian ponies could "live on the range." He knew that the refugees at Neosho would insist upon following in his wake.

It would be heartless to expose them to starvation and to the ravages of diseases like the small-pox. Nevertheless, the correspondence of Phillips, scattered through the _Official Records_, vol. xxii, part ii, 121-367, shows conclusively that the weeks of waiting were weary ones.]

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 gra.s.s 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 a.s.sistance and accusing Curtis of keeping too many needlessly in the West. The Vicksburg campaign was on.

The order that Blunt antic.i.p.ated finally came and Curtis called for Phillips to return. La Rue Harrison, foraging in Arkansas,[732] was whining for a.s.sistance. Phillips temporized, having no intention whatsoever of abandoning his appointed goal. His arguments were unanswerable but Curtis like Halleck could never be made to appreciate the plighted faith that lay back of Indian partic.i.p.ation in the war and the strategic importance of Indian Territory. The northern Indian regiments, pleaded Phillips, were never intended for use in Arkansas.

Why should they go there? It was doubtful if they could ever be induced to go there again. They had been recruited to recover the Indian Territory and now that they were within it they were going to stay until the object had been attained. Phillips solicited Blunt's backing and got it, to the extent, indeed, that Blunt informed Curtis that if he wanted Indian Territory given up he must order it himself and take the consequences. It was not given up but Phillips suffered great embarra.s.sments in holding it. The only support Blunt could render him was to send a negro regiment to Baxter Springs to protect supply

[Footnote 732: _Confederate Military History_, vol. x, 166-168.]

trains. Guerrillas and bushwhackers were everywhere and Phillips's command was half-starved. Smallpox[733] broke out and, as the men became more and more emaciated, gained ground. Phillips continued to make occasional dashes at the enemy and in a few engagements he was more than reasonably successful. Webber's Falls was a case in point.

As May advanced, the political situation in Missouri seemed to call loudly for a change in department commanders and President Lincoln, quite on his own initiative apparently, selected Schofield to succeed Curtis,[734] Curtis having identified himself with a faction opposed to Governor Gamble. The selection was obnoxious to many and to none more than to Herron and to Blunt, whose military exploits Schofield had belittled. The former threatened resignation if Schofield were appointed but the latter restrained himself and for a brief s.p.a.ce all went well, Schofield even manifesting some sympathy for Phillips at Fort Gibson, or Fort Blunt, as the post, newly fortified, was now called. He declared that the Arkansas River must be secured its entire length; but the Vicksburg campaign was still demanding men and Phillips had to struggle on, unaided. Indeed, he was finally told that if he could not hold on by himself he must fall back and let the Indian Territory take care of itself until Vicksburg should have fallen.

[Footnote 733: Britton, _Civil War on the Border_, vol. ii, 26.]

[Footnote 734: A change had been resolved upon in March, E.V. Sumner being the man chosen; but he died on the way out [Livermore, _Story of the Civil War_, part iii, book i, 256]. Sumner had had a wide experience with frontier conditions, first, in the marches of the dragoons [Pelzer, _Marches of the Dragoons in the Mississippi Valley_] later, in New Mexico [Abel, _Official Correspondence of James S. Calhoun_], and, still later, in ante-bellum Kansas. His experience had been far from uniformly fortunate but he had learned a few very necessary lessons, lessons that Schofield had yet to con.]

The inevitable clash between Schofield and Blunt was not long deferred. It came over a trifling matter but was fraught with larger meanings.[735] It was probably as much to get away from Schofield's near presence as to see to things himself in Indian Territory that led Blunt to go down in person to Fort Gibson. He arrived there on the eleventh of July, taking Phillips entirely by surprise. Vicksburg had fallen about a week before.

The difficulties besetting Colonel Phillips were more than matched by those besetting General Steele. He, too, struggled on unaided, nay, more, he was handicapped at every turn. Scarcely had he taken command at Fort Smith when he was apprised of the fact that the chief armorer there had been ordered to remove all the tools to Arkadelphia.[736]

Steele was hard put to it to obtain any supplies at all.[737] Many that he did get the promise of were diverted from their course,[738]

just as were General Pike's. This was true even in the case of shoes.[739] He tried to fit his regiments out one by one with the things the men required in readiness for a spring campaign[740] but it was up-hill work. And what was perfectly incomprehensible to him was, that when his need was so great there was yet corn available for private parties to speculate in and to realize enormous profits on.[741] In April, the Indian regiments, a.s.sembling and reforming in expectation of a call to action, made special demands upon his granaries but they were

[Footnote 735: June 9, orders issued redistricting Schofield's Department of Missouri [_Official Records_, vol. xxii, part ii, 315].]

[Footnote 736: _Confederate Records_, chap. 2, no. 270, p. 34.]

[Footnote 737: Steele to Blair, February 10, 1863, Ibid., 87-88.]

[Footnote 738: Steele to Anderson, February 8, 1863, Ibid., 81-82.]

[Footnote 739: Duval to Cabell, May 15, 1863, Ibid., 244-245.]

[Footnote 740: Steele to Cabell, March 19, 1863, Ibid., 148.]

[Footnote 741: Steele to Anderson, March 22, 1863, Ibid., 158.]

nearly empty.[742] It was not possible for him to furnish corn for seed or, finally, the necessaries of life to indigent Indians. Indian affairs complicated, his situation tremendously.[743] He could get no funds and no

[Footnote 742: Steele to Anderson, April 3, 1863, _Confederate Records_, 179-180.]

[Footnote 743: For instance the officers of the First Cherokee regiment had a serious dispute as to the ranking authority among them [Ibid., Letter from Steele, March 14, 1863, p. 143]. The following letters indicate that there were other troubles and other tribes in trouble also:

(a)

"Your communication of 13 Inst. is to hand. I am directed by the Commanding Gen'l to express to you his warmest sympathy in behalf of your oppressed people, and his desire and determination to do all that may be in his power to correct existing evils and ameliorate the condition of the loyal Cherokees. The Gen'l feels proud to know that a large portion of your people, actuated by a high spirit of patriotism, have shown themselves steadfast and unyielding in their allegiance to our Government notwithstanding the bitter hardships and cruel ruthless outrages to which they have been subjected.

"It is hoped that the time is not very far distant, when your people may again proudly walk their own soil, exalted in the feeling, perhaps with the consciousness that our cruel and cowardly foe has been adequately punished and humiliated.

"Your communication has been ford. to Lt Gen'l Holmes with the urgent request that immediate steps be taken to bring your people fully within the pale of civilized warfare.

"It is hoped that there may be no delay in a matter so vitally important.

"We are looking daily for the arrival of Boats from below with corn, tis the wish of the Gen'l that the necessitous Indians sh'd be supplied from this place. Boats w'd be sent farther up the river, were we otherwise circ.u.mstanced. As it is the Boats have necessarily to run the gauntlet of the enemy--The Gen'l however hopes to be able to keep the River free to navigation until a sufficient supply of corn to carry us through the winter can be acc.u.mulated at this place.

"You will receive notice of the arrival of corn so that it may be conveyed to the Indians needing it."--CROSBY to Stand Watie, commanding First Cherokee Regiment, February 16, 1863, Ibid., pp. 91-93.

(b)

"I am directed by Gen'l Steele to say that a delegation from the Creeks have visited him since your departure and a full discussion has been had of such matters as they are interested in.

"They brought with them a letter from the Princ.i.p.al Chief Moty Kennard asking that the Cattle taken from the refugee Creeks be turned over to the use of the loyal people of the nation. The Gen. Com'dg has ordered a disposition of these Cattle to be made in accordance with the wishes of the chief. If necessary please give such instructions as will attain this object. (cont.)]

instructions from Richmond so he dealt with the natives as best he could.[744] Small-pox became epidemic

[Footnote 743: (cont.) No Boats yet. Will endeavor to send one up the river should more than one arrive."--Crosby to D.H. Cooper, February 19, 1863, Ibid., p. 97.

(c)

"I enclose, herewith, a letter from the agent of the Seminoles. You will see from that letter the danger we are in from neglecting the wants of the Indians. I have never had one cent of money pertaining to the Indian superintendency, nor have I received any copies of treaties, nor anything else that would give me an insight into the affairs of that Department. I wrote, soon after my arrival at this place, to the Commissioner of Indian Affairs but have received no reply. If you have any knowledge of the whereabouts of the superintendent who has been lately appointed I hope you will urge upon him the necessity of coming at once and attending to these matters."--STEELE to Anderson, April 6, 1863, Ibid., 180.

(d)

"I have today received a long letter from the Chief of the Osages, which I enclose for your perusal. Maj. Dorn came in from Texas a few days since, and has, I understand, gone down to Little Rock on the steamer 'Tahlequah.' It is certainly represented that a portion of the funds in his hands is in specie. Please have the latter surely delivered. Please return Black Dog's letter unless you wish to forward it."--STEELE to Holmes, May 16, 1863, Ibid., 249.

(e)