The work of soliciting the military support of the Indians and, to a large extent, that of securing it, antedated very considerably the formal negotiation of treaties with their constituted authorities. Whether it be true or not, that Douglas H. Cooper, United States agent for the Choctaws and the Chickasaws, did, as early as April, 1861, begin to enroll his Indians for the service of the Confederate States, it is indisputable that, immediately upon receiving Secretary Walker’s communication[408] of May thirteenth, he began to do it in real earnest and, from that time forward, gained his recruits with astonishing ease. There were many[409] to recommend the employment of the Indians and some to oppose it. A certain F. J. Marshall, writing[410] to Jefferson Davis from Marysville, Kansas, on the twentieth of May, mapped out a tremendous programme of activities in which Indians were to play their part and to help secure everything of value between the Missouri line and the Pacific coast. Henry McCulloch thought[411] they might be used advantageously in Texas and on her borders. Pike believed[412] not more than thirty-five hundred could be counted upon, maybe five thousand, but whatever the number, he would engage them quickly and provide them with the necessary equipment. He wanted also to employ[413] a battalion of those Indians that more strictly belonged to Kansas. Presumably, then, he would not have confined Confederate interest to the slaveholding tribes. Others besides Pike were doubtless of the same mind. Marshall was, for instance, and southern emissaries were frequently heard of, north of the Neosho River. Henry C. Whitney, one of two United States special agents (Thomas C. Slaughter was the other), sent[414] out to Kansas to investigate and with a view to relieve under congressional appropriation[415] the distress among the Indians, caused by the fearful and widespread drouth of 1860, met[416] with many traces of secessionist influence.[417]
The efforts of Cooper, coupled with those of Pike and McCulloch, in this matter of the enlistment of Indian troops, were soon rewarded. Chief Hudson’s proclamation of June fourteenth, besides being a declaration of independence, was a call for troops and a call that was responded to by the Choctaws with alacrity. A little more than a month later, the enlistment of Indians had so far advanced that McCulloch was able to speak[418] positively as to his intended disposition of them. It was to keep them, both the Choctaw-Chickasaw regiment, which was then well under way towards organization, and the Creek, which was then forming, at Scullyville, situated fifteen miles, or thereabouts, from Fort Smith, as a check upon the Cherokees. Evidently the peace-loving element among the Cherokees was yet the dominant one. On the twenty-fifth of July, Cooper furnished further information,
The organization of the Choctaw and Chickasaw Regiment of Mounted Rifles will be completed this week, but as yet no arms[419] have been furnished at Fort Smith for them. I hope speedy and effectual measures will be taken to arm the people of this (Indian) Territory—the Creeks, Seminoles, Cherokees.... The Choctaws and Chickasaws can furnish 10,000 warriors[420] if needed. The Choctaws and Chickasaws are extremely anxious to form another regiment.
There seems to be a disposition to keep the Indians at home. This seems to me bad policy. They are unfit for garrison duty, and would be a terror to the Yankees.[421]
All this time, of course, Pike had been making progress with his treaties and undoubtedly simplifying Cooper’s task by embodying in those treaties the principles of an active alliance. These clauses from the Creek Treaty will illustrate the point:
Article I. There shall be perpetual peace and friendship, and an alliance offensive and defensive, between the Confederate States of America, and all of their States and people, and the Creek Nation of Indians, and all its towns and individuals.[422]
Article XXXVI. In consideration of the common interests of the Creek Nation and the Confederate States, and of the protection and rights guaranteed to the said nation by this treaty, the Creek Nation, hereby agrees that it will, either by itself or in conjunction with the Seminole Nation, raise and furnish a regiment of ten companies of mounted men to serve in the armies of the Confederate States for twelve months, the company officers whereof shall be elected by the members of the company, and the field officers by a majority of the votes of the members of the regiment. The men shall be armed by the Confederate States, receive the same pay and allowances as other mounted troops in the service, and not be moved beyond the limits of the Indian country west of Arkansas without their consent.[423]
Article XXXVII. The Creek Nation hereby agrees and binds itself at any future time to raise and furnish, upon the requisition of the President, such number of troops for the defence of the Indian country, and of the frontier of the Confederate States as he may fix, not out of fair proportion to the number of its population, to be employed for such terms of service as the President may fix; and such troops shall always receive the same pay and allowances as other troops of the same class in the service of the Confederate States.[424]
Article XXXVIII. It is further agreed by the said Confederate States that the said Creek Nation shall never be required or called upon to pay, in land or otherwise, any part of the expenses of the present war, or of any war waged by or against the Confederate States.[425]
Article XXXIX. It is further agreed that, after the restoration of peace, the Government of the Confederate States will defend the frontiers of the Indian country, of which the Creek country is a part, and hold the forts and posts therein, with native troops, recruited among the several Indian Nations included therein, under the command of officers of the army of the Confederate States, in preference to other troops.[426]