Footnote 37: [(return)]
Official Records, vol. viii, 286.
full extent of his active connection with the Confederacy was to save to that Confederacy the Indian Territory. The Indian occupants in and for themselves, unflattering as it may seem to them for historical investigators to have to admit it, were not objects of his solicitude except in so far as they contributed to his real and ultimate endeavor. He never at any time or under any circumstances advocated their use generally as soldiers outside of Indian Territory in regular campaign work and offensively.[38] As guerrillas he would have used them.[39] He would have sent them on predatory expeditions into Kansas or any other near-by state where pillaging would have been profitable or retaliatory; but never as an organized force, subject to the rules of civilized warfare because fully cognizant of them.[40] It is doubtful if he would ever have allowed them, had he consulted only his own inclination, to so much as cross the line except under stress of an attack from without. He would never have sanctioned their joining an unprovoked invading force. In the treaties
Footnote 38: [(return)]
The provision in the treaties to the effect that the alliance consummated between the Indians and the Confederate government was to be both offensive and defensive must not be taken too literally or be construed so broadly as to militate against this fact: for to its truth Pike, when in distress later on and accused of leading a horde of tomahawking villains, repeatedly bore witness. The keeping back of a foe, bent upon regaining Indian Territory or of marauding, might well be said to partake of the character of offensive warfare and yet not be that in intent or in the ordinary acceptation of the term. Everything would have to depend upon the point of view.
Footnote 39: [(return)]
A restricted use of the Indians in offensive guerrilla action Pike would doubtless have permitted and justified. Indeed, he seems even to have recommended it in the first days of his interest in the subject of securing Indian Territory. No other interpretation can possibly be given to his suggestion that a battalion be raised from Indians that more strictly belonged to Kansas [Official Records, vol. iii, 581]. It is also conceivable that the force he had reference to in his letter to Benjamin, November 27, 1861 [ibid., vol. viii, 698] was to be, in part, Indian.
Footnote 40: [(return)]
Harrell, Confederate Military History, vol. x, 121-122.
which he negotiated he pledged distinctly and explicitly the opposite course of action, unless, indeed, the Indian consent were first obtained.[41] The Indian troops, however and wherever raised under the provisions of those treaties, were expected by Pike to constitute, primarily, a home guard and nothing more. If by chance it should happen that, in performing their function as a home guard, they should have to cross their own boundary in order to expel or to punish an intruder, well and good; but their intrinsic character as something resembling a police patrol could not be deemed thereby affected. Moreover, Pike did not believe that acting alone they could even be a thoroughly adequate home force. He, therefore, urged again and again that their contingent should be supplemented by a white force and by one sufficiently large to give dignity and poise and self-restraint to the whole, when both forces were combined, as they always ought to be.[42]
At the time of Pike's assumption of his ill-defined command, or within a short period thereafter, the Indian force in the pay of the Confederacy and subject to his orders may be roughly placed at four full regiments and some miscellaneous troops.[43] The dispersion[44] of Colonel John Drew's Cherokees, when about to attack Opoeth-le-yo-ho-la, forced a slight reörganization and that, taken in connection with the accretions to the command that came in the interval before the Pea Ridge campaign brought the force approximately to four full
Footnote 41: [(return)]
In illustration of this, take the statement of the Creek Treaty, article xxxvi.