The mention of Lane’s jayhawking expedition calls to mind the conditions that made it seem, at the time, an acceptable thing and takes us back in retrospect to Indian Territory and to the events occurring there after the Tahlequah mass-meeting of the twenty-first of August. As soon as the meeting had broken up, John Ross despatched[463] a messenger to Albert Pike to inform him of all that had happened and of the Cherokee willingness, at last, to negotiate with the Confederacy. It was arranged that Pike should come to the Cherokee country, taking up his quarters temporarily at Park Hill, the home of Ross near Tahlequah, and that a general Indian council should be called. A special effort was made to have the fragmentary bands of the northeast represented and Pike sent out various agents[464] to urge an attendance. John Ross was also active in the same interest. He, personally, communicated with the Osages[465] and with the Creeks[466] by letter; but the Creeks,[467] like Evan Jones,[468] seem to have been incredulous as to Cherokee defection. They seem to have doubted the genuineness of the letter sent to them and made inquiries about it, only to be assured[469] again and again by Ross that all was well and that he wished the Indians en masse to join the Southern States.

The council at Tahlequah, viewed in the light of its immediate object, was unusually successful. Four treaties were negotiated, one[470] at Tahlequah itself, October seventh, with the Cherokees and three at Park Hill. Of these three, one[471] was with four bands of the Great Osages, Clermont’s, White Hair’s, Black Dog’s, and the Big Hill, October second; another[472] with the Quapaws, October fourth; and the third,[473] on the same day, with the Senecas[474] (once of Sandusky) and the Shawnees (once of Lewistown and now of the mixed band of Senecas and Shawnees). Hereditary[475] chiefs alone signed for the Great Osages, the merit chief, Big Chief, being, apparently, not present. The notorious ex-United States agent, J. W. Washbourne,[476] was very much in evidence as would most likely also have been the equally notorious and disreputable Indian trader, John Mathews,[477] had he not recently received his deserts at the hands of Senator Lane’s brigade.

An accurate and connected account of the occurrences at the Tahlequah council, it is well nigh impossible to obtain. Some intimidation[478] seems to have been used, and there was a report of a collision[479] between the Ross and Ridge factions some days previous to the meeting. Drew’s regiment, which, when organized, had been placed as a guard[480] on the northern border, escorted[481] Commissioner Pike to Park Hill and later took up its station on the treaty ground. Some of Stand Watie’s Confederate forces were also in the neighborhood.[482] In 1865, at the Fort Smith Council, held for the readjustment of political relations with the United States government, the Indians of the Neosho Agency gave[483] a rather picturesque description of the way they had been prevailed upon to sign the treaty with the Confederate States. The real object of the Tahlequah meeting was evidently not revealed to them until they had actually reached the treaty ground. Agent Dorn had told them that they had to go to the meeting. They went and were there taken in hand by Pike who said,

If you don’t do what we lay before you, we can’t say you shall live happy.

The Indians

feeling badly, just looked on, and the white man went to work, got up a paper and said I want you to sign that. The Indian did not want to, but he compelled him. You know yourself that, under such circumstances, he would do anything to save his life....

Now that the history of the diplomatic relations between the Indian tribes and the Confederacy has been brought thus far, nothing seems more fitting than to return to the consideration of the Federal government and its representatives, its purposes, and its plans, beginning the account with the Indian Office and Commissioner Dole. Dole’s early attempt to prevail upon the War Department to resume its occupation of Indian Territory was followed up by the convincing letter of the thirtieth of May in which he likened the Indians to the Union element in some of the border states and ended by throwing the full responsibility for any disloyalty that might appear among them upon the Federal authorities; inasmuch as they had neglected and were still neglecting to give the support and protection that any ordinary guardian is bound in honor to give to his wards. Dole said in writing to Secretary Smith,

... Experience has shown that the presence of even a small force of federal troops located in the disaffected States has had the effect to preserve the peace, encourage the friends of the Union, and induce the people to return to their allegiance.

That this same result would be produced in the Indian country I cannot doubt, as they can have no inducement to unite with the enemies of the United States unless we fail as a nation to give them that protection guaranteed by our treaty stipulations, and which is necessary to prevent designing and evil-disposed persons from having free intercourse with them, to work out their evil purposes....[484]

Nothing came of Dole’s application and thus was exemplified, as often before and often since, a very serious defect in the American administrative system by which the duty of doing a certain thing rests upon one department and the means for doing it with quite another. It is surely no exaggeration to say that hundreds and hundreds of times the Indians have been the innocent victims of friction between the War and Interior Departments.