The American Indian as Slaveholder and Seccessionist / An Omitted Chapter in the Diplomatic History of the Southern Confederacy

by Annie Heloise Abel

Department of the Interior, Office Indian Affairs,
April 21, 1860.

Sir: From information that has been received at this Office in regard to certain persons, who are residing within the limits of the Cherokee nation, it is found necessary to call your attention to the propriety of seeing that the provisions of the Intercourse law are observed with respect to them. By reference to the law, you will find that no person can reside within the limits of the country of any Indian nation or tribe without permission, and such must be obtained under certain prescribed rules; and even after permission is given, if the party is found abusing the privilege by acting in violation of any of the provisions of law, or is found unfit to reside in the country whether from example, from the want of moral character, from his interference with the institutions of the tribe, from seditious language and teachings, or from any cause tending to disturb the peace and quiet of the tribe, or tending to alienate their attachment to the Government of the United States, the Superintendent of Indian Affairs, and Indian Agents have authority to remove him; and the President is authorized to direct the Military force to be employed in such removal.

The necessity for such power, and for greater facility in carrying the same into execution, was so apparent, that at the first session of the 35th Congress it was found advisable to legislate further in the matter; and the 3rd Section of the Indian appropriation bill was accordingly passed, which is, “That the Commissioner of Indian Affairs be, and he is hereby, authorized and required, with the approval of the Secretary of the Interior, to remove from any tribal reservation any person found therein without authority of law, or whose presence within the limits of the reservation may, in his judgment, be detrimental to the peace and welfare of the Indians, and to employ for the purpose such force as may be necessary to enable the agent to effect the removal of such person or persons.”

As I remarked before, I am induced to believe that the Cherokees have just cause of complaint from the presence of some such persons within their limits,—and it is my desire that you call the attention of the newly appointed Agent particularly to the subject. He should look not only to those cases which are there originally without authority of law, but also to those who, with ostensibly worthy purposes, have received permission, and falsified their pretensions. This is a delicate trust, and should be executed with great caution and discretion, and you cannot enjoin upon the agent too much care and circumspection for although I shall examine carefully the grounds of his charges, yet I must be guided in a great measure by his opinion, and am determined that the law shall be enforced.

You will therefore, so soon as Mr. Cowart shall report to you for duty, communicate to him the contents of this letter, and require him to investigate, as quietly as possible, the cases of all white persons found within the limits of his agency, and report to me, through you, such as are there without the authority of law, and such as may be unworthy longer to remain although they may have originally had permission to enter the country. Very respectfully, Your Obt, Sevt.

A. B. Greenwood, Commissioner.

Elias Rector, Esq.; Fort Smith, Arkansas.

Department of the Interior, Office Indian Affairs,
June 4th 1860.

Sir: The attention of this office has been called to an article which appeared in the Fort Smith Times (which is herewith enclosed) in which it will be seen that a secret organization has been formed in the Cherokee Nation, which is rapidly increasing. The existence of such an organization, the objects of which cannot be misunderstood, has caused in my mind the greatest apprehension as to the future peace and quiet of that country; and, if permitted to mature its plans, will be productive of the worst results. The article alluded to points to the Jones’ as being the leaders in this movement, and who have been permitted for a long time to enjoy the privileges of that Nation. It is believed that the ultimate object of this organization is to interfere with the institutions of that people, and that its influences will extend to other tribes upon the Western border of Arkansas.

This scheme must be broken up: for if it is permitted to ripen, that country will, sooner or later, be drenched in blood. You are aware that there is a large slave property in the Cherokee country, and if any steps are taken by which such property will be rendered unsafe, internal war will be the inevitable result, in which the people of the bordering state will be involved. The relations which the Editor of the Times bears to the Cherokees enables him to procure reliable information from that section which is not accessible to all and hence the greater credit is due to his published statements in relation to the affairs of that people. This office is also in possession of private advices from that country, which fully corroborates the statements in the article referred to. This organization and its purposes are no longer left to mere conjecture. In view of these facts I have to direct that in addition to the instructions contained in a letter from this office, of the 21st of April last, the contents of which you were instructed to communicate to Agent Cowart, you will direct him immediately on his arrival at his Agency to cautiously, institute inquiry as to the existence of this secret organization, its objects and purposes; who are the counsellors and advisers of this movement, and proceed at once to break it up; and, if in his investigation he should be satisfied that any white persons residing in the Nation are in any way connected with this organization he will notify such person or persons forthwith to leave the Nation. You will inform Agent Cowart that the Secretary of War will be requested to place such force at his disposal as may be necessary to enforce any order he may deem it his duty to make. You will direct him also to spare neither time or trouble in carrying out these instructions, and that he report direct to this office, advising you in the meantime of his action.