In 1860 the United States made its next treaty with the Delawares, in which they consented to give the Leavenworth, Pawnee, and Western Railroad Company right of way and certain lands in their reserve. In 1861 another treaty, in which, as the railway company had not paid, and was not able to pay, the $286,742 which it had promised to pay the Delawares, the President authorized the Commissioners of Indian Affairs to take the bonds of said railroad for that amount, and a mortgage on one hundred thousand acres of the land which the Indians had sold to the railway company.
There was another very curious bit of legislation in regard to the Delawares this year, viz., an Act of Congress authorizing the Secretary of the Treasury to enter on his books $423,990.26 to the credit of the Delawares; being the amount of bonds which the United States had invested for the Delawares in State bonds of Missouri, Tennessee, and North Carolina, and which had been stolen while in the custody of Jacob Thompson, late Secretary of the Interior, in whose department they had been deposited for safe-keeping. (At the same time there were stolen $66,735 belonging to the Iowas, and $169,686.75 belonging to the confederated bands of Kaskaskias, Peorias, Piankeshaws, and Keas.)
In this year the Commissioner of Indian Affairs visited the Delawares, and reported them well advanced in civilization, in possession of comfortable dwellings and farms, with personal property averaging one thousand dollars to an individual. Many of them were traders, and travelled even to the boundaries of California.
In 1862 two regiments of Delawares and Osages enlisted as soldiers in an expedition to the Indian Territory, under Colonel Weer, who says of them: "The Indian soldiers have far exceeded the most sanguine expectations. They bore the brunt of the fighting done by the expedition, and, had they been properly sustained, would have effectually ended the sway of the rebels in the Indian Territory."
There was during this year a terrible condition of affairs in Kansas and the Indian Territory. The Indians were largely on the side of the rebels; yet, as the Indian Commissioner said in his report for this year—a paragraph which is certainly a species of Irish bull—"While the rebelling of a large portion of most of the tribes abrogates treaty obligations, and places them at our mercy, the very important fact should not be forgotten that the Government first wholly failed to keep its treaty stipulations with them in protecting them." "By withdrawing all the troops from the forts in the Indian Territory," it left them "at the mercy of the rebels." That is, we first broke the treaty; and then their subsequent failure to observe it "placed them at our mercy!"
"It is," he says, "a well-known fact that in many instances self-preservation compelled them to make the best terms they could with the rebels; and that this is the case has been proved by a large number of them joining our army as soon as a sufficient force had penetrated their country to make it safe for them to do so."
The Delawares enlisted, in 1862, one hundred and seventy men in the Union army, and this out of a population of only two hundred males between the ages of eighteen and forty-five. There was probably no instance in the whole country of such a ratio of volunteers as this. They were reported as being in the army "tractable, sober, watchful, and obedient to the commands of their superiors." They officered their own companies, and the use of spirituous liquors was strictly prohibited among them—a fact the more remarkable, as drunkenness was one of their chief vices at home.
Already, however, the "interests" of the white settlers in Kansas were beginning to be clearly in opposition to the interests of the Indians. "Circumscribed as they are, and closely surrounded by white settlements, I can see nothing in the future for them but destruction," says the commissioner. "I think it is for the interest of the Indians that they be removed to some other locality as soon as possible."
"Several of them have from fifty to one hundred acres of land in cultivation, with comfortable dwellings, barns, and out-houses. *** All the families are domiciled in houses. *** Their crops of corn will yield largely. Nearly every family will have a sufficiency for their own consumption, and many of the larger farmers a surplus. *** There are but few Delaware children of the age of twelve or fourteen that cannot read."
Here is a community of a thousand people, larger than many of the farming villages in New England, for instance, "the average of personal property amounting to one thousand dollars;" all living in their own houses, cultivating from fifty to one hundred acres of land, nearly all the children in schools, and yet it is for their "interest to be moved!" The last sentence of the following paragraph tells the story: