Treaty of August 6, 1846 – Cherokee

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Chief S.H. Mayes
Chief S.H. Mayes
November 1895 to November 1899

Treaty With The Cherokees 1846. Schools Established. Old Settler Payments. Keetoowah Society Organized. Organization of Military Companies. Cherokees Enter The Civil War. General Waite Surrenders.

Aug. 6, 1846. 9 Stat., 871. Ratified Aug. 8. 1846. Proclaimed Aug. 17, 1846. Articles of a treaty made and concluded at Washington, in the District of Columbia, between the United Stales of America, by three commissioners, Edmund Burke, William Armstrong, and Albion K. Parris; and John Ross, principal chief of the Cherokee Nation; David Van a, William S. Goody, Richard Taylor, T. H. Walker, Clement V. McNair, Stephen Foreman. John Drew, and Richard Fields, delegates duly appointed by the regularly constituted authorities of the Cherokee Nation; George \V. Adair, John A. Bell, Stand Watie, Joseph M. Lynch, John Huss, and Brice Martin, a delegation appointed by, and representing that portion of the Cherokee tribe of Indians known and recognized as the “Treaty Party,” John Brown, Captain Dutch John L. McCoy, Richard Drew, and Ellis Phillips, delegates appointed by and representing, that portion of the Cherokee Tribe of Indians known and recognized as “Western Cherokees,” or “Old Settlers.’

Preamble. Whereas serious difficulties have for a considerable time past, existed between the different portions of the people, constituting and recognized as the Cherokee Nation of Indians, which it is desirable should be speedily settled, so that peace and harmony may be restored among them and whereas certain claims exist on the part at the Cherokee Nation, and portions of the Cherokee people, against the United States; Therefore, with a view to the final and amicable settlement of the difficulties and claims before mentioned, it is mutually agreed by the several parties to this convention as follows, viz:

Lands Occupied by Cherokee Nation to be Secured to Whole People and a Patent to be Issued. 1830, Ch. 148.

Article 1. That the land now occupied by the Cherokee Nation shall be secured to the whole Cherokee people for their common use and benefit; and a patent shall he issued for the same, including the eight hundred thousand acres purchased, together with the outlet west, promised by the United States, in conformity with the provisions relating thereto, contained in the third article of the treaty of 1815, and in the third section of the act of Congress, approved May twenty-eighth, t f in, which authorizes the President of the United States, in making exchanges of lands with the Indian tribes, “to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guarantee to them, and their heirs or successors the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided, always, That such lands shall revert to the United States if the Indians become extinct or abandon the same.

Reversion to be in United States. All Difficulties and Disputes Adjusted, and a General Amnesty Declared. Laws to be Passed for Equal Protection, and for the Security of Life, Liberty, and Property. No One to be Punished for any Crime, Except en Conviction by a Jury.

Article 2. All difference, heretofore existing between the several parties of the Cherokee Nation are hereby settled and adjusted, and shall, as far as possible, be forgotten and forever buried in oblivion. All party distinctions shall cease except so far as they may be necessary to carry out this convention or treaty. A general amnesty is hereby declared. All offences and crimes committed by a citizen or citizens of the Cherokee Nation against the nation, or against an individual or individuals, are hereby pardoned. All Cherokees who are now out of the nation are invited and earnestly requested to return to their homes, where they may live in peace, assured that they shall net be prosecuted for any offense heretofore committed against the Cherokee Nation, or any individual thereof. And this pardon and amnesty shall extend to all who may now be out of the nation, and who shall return thereto on or before 1st day of December next. The several parties agree to unite in enforcing the laws against all future offenders. Laws shall he passed for equal protection, and for the security of life liberty, and property; and full authority shall be given by law to all or any portion of the Cherokee people, peaceably to assemble and petition their own government, or the Government of the United States, for the redress of grievances, and to discuss their rights. All armed police, light horse, and other military organizations, shall be abolished, and the laws enforced by the civil authority alone.

No one shall be punished for any crime or misdemeanor except on conviction by a jury of his country, and the sentence of a court duly authorized by law to take cognizance of the offence. And it is further agreed, all fugitives from justice, except those included in the general amnesty herein stipulated, seeking refuge in the territory of the United States, shall he delivered up by the authorities of the United States to the Cherokee Nation for trial and punishment, Certain Claims Paid out of the $5.000,000 Fund to be Reimbursed by the United States.

Article 3. Whereas certain claims have been allowed by the several hoards of commissioners heretofore appointed under the treaty of 1815, for rents, under the name of improvements and spoliations, and for property of which the Indians were dispossessed, provided for under the 16th article of the treaty of 1815; and whereas the said claims have been paid out of the $5,000,000 fund; and whereas said claims were not justly chargeable to that fund, but were to he paid by the United States the said United States agree to reimburse the said fund the amount thus charged to said fund, and the same shall form a part of the aggregate amount to be distributed to the Cherokee people, as provided in the 9th article of this treaty; and whereas a further amount has been allowed for reservations under the provisions of the 13th article of the treaty of 1835, by said commissioners, and has been paid out of the said fund, and which said sums were properly chargeable to, and should have been paid by the United Stales, the said United States further agree to reimburse the amounts thus paid for reservations to said fund, and whereas the expense of making the treaty of New Echota were also paid of said fund, when they should have been borne by the United States, the United States agree to reimburse the same, and also to reimburse all others sums paid to any agent of the government, and improperly charged to said fund: and the same also shall form a part of the aggregate amount to be distributed to the Cherokee people, as provided in the 0th article of this treaty.

Provision for the Equitable Interest of the Western Cherokees in Lands Ceded by Treaty of 1828. How the Value of Said Interest Shall be Ascertained. Release by Western Cherokees to United States.

Article 4. And whereas it has been decided by the hoard of commissioners recently appointed by the President of the United States to examine and adjust the claims and difficulties existing against and between the Cherokees themselves, that under the provisions of the treaty of 1828, as well as in conformity with the general policy of the United States in relation to the Indian tribes, and the Cherokee Nation in particular, that that portion of the Cherokee people known as the “Old Settlers,” or “Western Cherokees,” had no exclusive title to the territory ceded in that treaty, but that the same was intended for the use of, and to be the home for, the whole nation, including as well that portion then east as that portion then west of the Mississippi; and whereas the said board of commissioners further decided that inasmuch as the territory before mentioned became the common property of the Whole Cherokee Nation by the operation of the treaty of 1828, the Cherokees then west of the Mississippi by the equitable operation of the same treaty, acquired a common interest in the lands occupied by the Cherokees east of the Mississippi river, as well as in those occupied by themselves west of that river, which interest should have been provided for in the treaty of 1835, but which was not, except in so far as they, as a constituent portion of the nation, retained, in proportion to their number, a common interest in the country west of the Mississippi, and in the general funds of the nation; and therefore they have an equal claim upon the United Slates for the value of that interest, whatever it nay he. Now, in order to ascertain the value of that interest, it is agreed that the following principle shall be adopted, viz: All the investments and expenditures which are properly chargeable upon the sums granted in the treaty of 1835, amounting in the whole to live millions six hundred thousand dollars. (which investments and expenditures are particularly enumerated in the 15th article the treaty of 1835,) to be first deducted front said aggregate sum, thus ascertaining the residuum or amount which would, under such marshaling of accounts, be left for per capita distribution among the Cherokees emigrating under the treaty of 1835, excluding all extravagant and improper expenditures, and then allow to the Old Settlers (or Western Cherokees) a sum equal to one third part of said residuum, to be distributed per capita to each individual of said party of “Old Settlers,” or “Western Cherokees. It is farther agreed that, so far as the Western Cherokees are concerned, in estimating the expect e removal and subsistence of an Eastern Cherokee, to be charged to the aggregate fund of live million six hundred thousand dollars above mentioned, the suns of removal and subsistence stipulated in the 8th article of the treaty of t815, as commutation money in those cases in which the parties entitled to it removed themselves, shall be adopted. And as it affects the settlement with the Western Cherokees, there shall be no deduction from the fund before mentioned in consideration of any payments which may hereafter he made out of said fund; and it is hereby further understood and agreed, that the principle above defined shall embrace all those Cherokees west of the Mississippi, who emigrated prior to the treaty of 1835.

In consideration of the foregoing stipulation on the part of the United States, the “Western Cherokees,” or “Old Settlers,” hereby release and quitclaim to the United States all right, title, interest, or claim they may have to a common property in the Cherokee lands east of the Mississippi River, and to exclusive ownership of the lauds ceded to them by the treaty of 1833 west of the Mississippi, including the outlet west, consenting and agreeing that the said land, together with the eight hundred thousand acres ceded to the Cherokees by the treaty of t835, shall be and remain the common properly of the whole Cherokee people, themselves included.
Per Capita Allowance for Western Cherokees to be Held in Trust by United States, etc. Not Assignable. Committee of Five From “Old Settlers.”

Article 5. It is mutually agreed that the per capita allowance to be given to the “Western Cherokees,’ or “Old Settlers, upon the principle above slated, shall he held in trust by the Government of the United States, and paid out to each individual belonging to that party or head of family, or his legal representatives. And it is further agreed that the per capita allowance to be paid as aforesaid shall not be assignable, but shall he paid directly to the persons entitled to it, or to his heirs or legal representatives, by the agent of the United States, authorized to make such payments.

And it is further agreed that a committee of live persons shall be appointed by the President of the United States, from the party of “Old Settlers,’ whose duty it shall be, in conjunction with an agent of the United States, to ascertain what persons are entitled to the per capita allowance provided for in this and the preceding article.

Indemnity for “Treaty Party.” Provisions for Heirs of Major Ridge, John Ridge, and Elias Boudinot. Proviso.

Article 6. And whereas many of that portion of the Cherokee people known and designated as the “Treaty Party” have suffered losses and incurred expenses in consequence of the treaty of 1815, therefore, to indemnify the treaty party, the United States agree to pay to the said treaty party the sum of one hundred and fifteen thousand dollars, of which the sum of five thousand shall be paid by the United States to the heirs or legal representatives of Major Ridge, the sum of live thousand dollars to the heirs or legal representatives of John Ridge, and the suns of tine thousand dollars to the heirs or legal representatives of Elias Boudinot, and the balance, being the suns of one hundred thousand dollars, which shall be paid by the United Slates, in such amounts and to such persons as may be certified by a committee to he appointed by the treaty party, and which committee shall consist of not exceeding five persons, and approved by an agent of the United States, to be entitled to receive the same for losses and damages sustained by them, or by those of whom they are the heirs or legal representatives: Provided, That out of said balance of one hundred thousand dollars. the present delegation of the treaty party may receive the sum of twenty-five thousand dollars, to be by them applied to the payment of claims and other expenses. And it is further provided that, if the said sum of one hundred thousand dollars should not be sufficient to pay all the claims allowed for losses and damages, that then the same shall he paid to said claimants pro rata, and which payments shall be in full of all claims and losses of the said treaty party.

Values of Salines to be Ascertained and Paid to Individuals Dispossessed of Them.

Article 7. The value of all salines which were the private property of individuals of the Western Cherokees, and of which they were dispossessed, provided there be any such, shall be ascertained by the United States agent, and a commissioner to be appointed by the Cherokee authorities; and should they be unable to agree, they shall select an umpire, whose decision shall be final: and the several amounts found due shall be paid by the Cherokee Nation, or the salines returned to their respective owners.

Payment for a Printing Press, Arms, etc.

Article 8. The United States agree to pay to the Cherokee Nation the sum of two thousand dollars for a printing-press, materials, and other property destroyed at that time; the sum of live thousand dollars to be equally divided among all those whose arms were taken from them previous to their removal West by order of an office] of the United States; and the further sum of twenty thousand dollars in lieu of all claims of the Cherokee Nation, as a nation, prior to the treaty of 1835, except all lands reserved, by treaties heretofore made, for school funds.

A Fair and Just Settlement of all Moneys Due the Cherokees Under the Treaty of 1835 to be Made.

Article 9. The United States agree to make a fair settlement of all moneys due to the Cherokees, and subject to the per capita division under the treaty of 20th December, 1835, which said settlement shall exhibit all money properly expended under said treaty and shall embrace all sums paid for improvements, ferries, spoliations, removal, and subsistence, and commutation therefore, debts and claims upon the Cherokee Nation of Indians, for the additional quantity of land ceded to said nation; and the several sums provided in the several articles of the treaty, to he invested as the general funds of the nation; and also all sums which may he hereafter properly allowed and paid under the provisions of the treaty of 1835. The aggregate of which said several sums shall be deducted from the sum of six- millions six hundred and forty-seven thousand and sixty-seven dollars, and the balance thus found to be due shall he paid over, per capita, in equal amounts, to all those individuals, heads of families, or their legal representatives, entitled to receive the same under the treaty of 1835, and the supplement of 1836, being all those Cherokees residing east at the date of said treat: and the supplement thereto.

Rights Under Treaty of Aug. 1. 1835, Not Affected.

Article 10. It is expressly agreed that nothing in the foregoing treaty contained shall be construed as in any manner to take away or abridge any rights or claims which the Cherokees now residing in States east of the Mississippi River had, or may have, under the treaty of 1835 and the supplement thereto.

Certain Questions to be Submitted to Senate of United States.

Article 11.
Whereas the Cherokee delegates contend that the amount expended for the one year’s subsistence, after their arrival in the west, of the Eastern Cherokees, is not properly chargeable to the treaty fund: it is hereby agreed that that question shall he submitted to the Senate of the United States for its decision, which shall decide whether the subsistence shall be borne by the United States or the Cherokee funds, and if by the Cherokees, then to say, whether the subsistence shall be charged at a greater rate than thirty-three, 33-too dollars per head; and also the question, whether the Cherokee Nation be allowed interest on whatever sum may he found to be due the nation, and from what date and at what rate per annum.

Article 12. [Stricken out.1

Article 13. This treaty, after the same shall he ratified by the President and Senate of the United States, shall be obligatory on the contracting parties

In testimony whereof, the said Edmund Burke. William Armstrong, and Albion K. Parris, Commissioners as aforesaid, and the several delegations aforesaid, and the Cherokee nation and people, have hereunto set their hands and seals, at Washington aforesaid, this sixth day of August, in the year of our Lord one thousand eight hundred and forty-six.

Ed mound Burke. Wm. Armstrong. Albion K. Parris.

Delegation of the Government Party:
Jno. Ross, Wm. S. Coody, R. Taylor, C. V. McNair, Stephen Foreman, John Drew, Richard Fields.
Delegation of the Treaty Party: Geo. W. Adair, J. A. Bell, S. Walk, Joseph M. Lynch, John Huss, Brice Martin (by J. M. Lynch, his attorney).

Delegation of the Old Settlers: Jno. Brown, Wm. Dutch, John L. McCoy, Richard Drew, Ellis F. Phillips.
(To each of the names of the Indians a seal is affixed.)

In presence of
Joseph Bryan, of Alabama.
Geo. W. Paschal.
John P. Wolf, (Secretary of Board.)
W. S. Adair.
Jun. E. Wheeler.

On November 12, 1847 an act was passed by the national council for the establishment of the two national high schools, the Male and Female Seminaries, the two distinctive tribal schools that were thenceforth to be the pride of the nation and its most important factors in producing solidarity and patriotic instinct. Large sums were diverted and well spent for their maintenance, instead of being used for innervating payments. The only payments made to the Cherokees thereafter, were old settlers and emigrant payments of

1851 and 1852
1875 10.00
1880 “Bread money” 16.35
1883 “Grass money,” rent from Cherokee outlet 15.50
1886 15.95
1890 13.76
1894 From sale of the outlet 365.70
1896 Old Settlers 159.19
1902 Destitute. $5.00 to single persons and $4.00 each to members of families
1910

Emigrants

133.19
1912 45.00
1914 12.00
1916

Final Disbursement

3.30

The Cherokees that fled to the mountains in 1838 congregated in western North Carolina where according to a roll made in 1840 by J. C. Mullay, federal census taker they numbered two thousand one hundred thirty three. They were placed on a reservation, called Qualla, where they still reside.

Fort Gibson was abandoned by the United States on June 21, 1887, and its buildings were formally transferred to the Cherokee Nation on the ninth day of September.

The Keetoowha society was originated among the Cherokees by Reverends Evan and John B. Jones in 1850. It is a secret society for the purpose of protecting national and community interests and for the fuller development of the nobler qualities of individualism. It has always been especially active in upbuilding the religious and patriotic instincts of its members, and is the only lodge in the United Stales whose principal emblem is the United States flag. During the civil war its insignia was a couple of pins crossed on the left coat lapel, and for that reason its members were known as “Pin Indians.”

Early in 1861, Stand Watie organized a company to cooperate with the confederacy. Watie became the Captain; Buzzard. First Lieutenant; Wilson Suagee, Second Lieutenant; Charles Edwin Watie, Third Lieutenant and Henry Forrester, Orderly Sergeant. Their service was in Delaware District and Neutral Land which was a legal part of that district. Other companies having been formed they net near Fort Wayne on July 12, 1861 and formed the Cherokee Mounted Rifle regiment and elected the following officers: Colonel Stand Watie; Lieutenant Colonel, Thomas Fox Taylor: Major, Elias Cornelius Boudinot; Adjutant, Charles E. Watie; Quarter Master. George Washington Adair”; Commissary, Joseph McMinn Starr. Sr.; Surgeons, Drs. Walter Thompson Adair and William Davis Poison; Chaplain, C. M. Slover, Sergeant Major, George West and Joseph Franklin Thompson.

It has been impossible to obtain a rosier of the several companies, but a fragmentary list of them, is:

Company A. Captain Buzzard; First Lt. Wilson Suagee, Second Lt. Charles E. Watie, Third Lt. Dumplin O’Fields, Orderly Sergeant Henry Forrester. Privates: Lucien Burr Bell, Vann Ward, John Ketcher, Alfred Pigeon, Logan Pigeon, Jack Pigeon, Stand Suagee, Archibald Ballard, Edmond Duncan Carey, Olcut Moore, David Moore, John Moore, Jesse Pigeon, Daniel Squirrel, David Suagee, Charles Huss, Joseph Summerfield, Saladin Waite, Charles Lowrey, Thomas Jefferson Woodall, Ned Moore and Jack Squirrel.

Company B. Captain Robert Calvin Parks, First Lt. Ephriam Vann, Second Lt. Martin Buzzardflopper and Walker A. Daniel, Third Lt. Reese Candy. Privates: David Burkett, James Burkett, James Leon Butler, Red Bird Harris, William Harris, George Harlan, Fishtail, Mitchell Harlan, Cabbage Vann, Coon Vann, Yartunnah Vann, Joseph Vann, Alexander McCoy Rider and Thomas Jefferson Parks.

Company C. Captains Daniel Ross Coody, 0. H. P. Brewer and Thomas Fox Brewer, First Lt. 0. H. P. Brewer and Thomas Fox Brewer, Second Lts. Richard Crossland and William Snow Brewer, Third Lt. Reliford Beck, Orderly Sergeant Joseph Absalom Scales. Privates: James McDaniel Keyes, William Keys, Charles H. Campbell, Robert Taylor Hanks, James Ore, John Joshua Patrick, William V. Shepherd, Jesse Bean Burgess, John Walker Starr, John W. Jordan, Moses Nivens, John Nivens, Johnson Vann, Perry Andre Riley, George Lowrey, John A. Sevier, John Linder, Emory Ogden Linder McCoy Smith, Julius Caesar Linder, Russell Bean, Frank Smith, Samuel (“Buster”) Smith, John Gunter Lipe, Thomas Stoneroad, Lorenzo D. Chambus.

“Written in the autograph album of Miss Victoria Hicks, who later married DeWitt Clinton Lipe, are these verses:

“To Miss Vic.
I stand at the portal and knock,
And tearfully, prayerfully wait.
O! who will unfasten the lock,
And open the beautiful gate?

Forever and ever and ever,
Must I linger and suffer alone?
Are there none that are able to sever,
The fetters that keep me from home?

My spirit is lonely and weary,
I long for the beautiful streets.
The world is so chilly and dreary,
And bleeding and torn are my feet.

Tahlequah, Cherokee Nation.
February 27th, 1861. J. G. Lipe.”

John Gunter Lipe, Samuel (“Buster”) Smith, John Nivens and ________ Parris were killed at the same time as was their commander Lt. Col. Thomas Fox Taylor, on Greenleaf Rayon, July 21, 1862.

Charles Drew, John Calhoun Sturdivant, Martin Butler Sturdivant, Archibald Lovett, John Lovett, Bruce Brown, Richard Neal, Frank Pettit, Clinton Osmund, Richard Boggs, Gideon Reynolds, George Reynolds, Michael Hildebrand, Reese Hildebrand, Richard Brewer, Almon Martin, John Ferguson, William Patrick, Wilborn Vickery, Ellis Starr, James Hood, Benjamin Late Pleasant Bean, Simpson G. Bennett, John Calhoun West, William M. West, James Polk West, Samuel Benge, George Yates, William Vann, William Harris, Michael Spaniard, John Q, Hayes, Sorry Eaton Beck, William Beavert, George Kirk, William Beatty, Ellis Beck, Weatherford Beck, Jeffrey Beck John Porter, Allen Latta, Diver Latta, Rider Whitekiller, Jolly Thornton, William Edwin Brown, Hugh Montgomery McPherson, George Elders, John Rogers. David Hicks, Wilson Boggs, Charles Kirk, Andrew Spaniard, Johnson Sosa, John Tinker, Henry Clay Starr, Johnson Riley, David R. Vann, Stephen Hildebrand, Joseph Martin Hildebrand, Charles Webber, Solomon Hosmer, John Coody, Henry Vann, Daniel Webster Vann, Marcellus Nivens, Joseph Riley, John McLain, James Starr, Lafayette Catron, William Lucas, Noah Scott and Sterling Scott.

Company D. Captain James Madison Bell, First Lt. Joseph Martin Lynch, Second Lt. John A. Raper, Third Lt. Pinson England, Orderly Sergeant Hugh Montgomery Adair. Privates: Lewis Ross Kell, Watie Lafabre, Proctor Landrum, Robert McDaniel, David Moore, Dumplin O’Fields, Johnson O’Fields, Kiowa Ratliff, Joseph Rogers, Napoleon Rogers, John Tinney, Thomas Tinney, Reuben R. Tyner, Hill Wilkinson, Moses Williams, Franklin Wright, John Talala Kell, Bear Timpson, John Adams, Walter Adair West David McLaughlin, Saladin Watie, Charles Webber, Daniel Webster Vann, Benjamin Franklin Adair, William Penn Adair, David Jarrette Bell, George Bell, John Bell, James Brower, Arseenee, Gesseau Chouteau, Charles Coats, John Coats, Thomas Cox, Chuwalooka, Virgil Crawford, David Davis Archibald Elliott, George W. Elliott, Walter Elliott, Martin England, Mitchell England, Henry Freshower, Joseph Freshower, Wallace Freshower, Daniel O’Conner Kell and Joseph Kell.

Company E. Captain Joseph Franklin Thompson, First Lt. Thomas Jefferson McGee, Second Lt. Stand Wawaseet, Third Lt. William V. H. Foreman, Orderly Sergeant William Adolphus Daniel. Privates: Thompson Fields, Morrison Shoeboots, Stephen Walker, Joshua Daniel, Thomas Daniel Ansel Green, Runabout Shoemaker, Chuwanosky, Alexander Bearner, Charles Hillian, E. G. Holcomb, Oliver Morris, Vann Ward, George M. Ward, Joseph Bledsoe, Lorenzo Bledsoe, Thomas Bledsoe, Isaac Dick, David McGee, John Shields, William Shields, Lewis Glenn, David Denton, Jack Caldwell, Boot, Moses Buck, Ross Thomas Carey, Caleb Conner, Colston, Corntassel, Bronco Cramp, Harry Cramp, Ned Cramp, Riddle Cramp, John Martin Daniel, Marmaduke Daniel, John Davis, Nicholas Deerhead, John Doghead, John Duck, William Eckridge, L. L. Farley, John Fawling, Grasshopper, Stephen Gray Garbarina Hawk, John Hensley, Elam, Richard Fields, Dr. Charles H. Preston, George Fields, George Washington Fields, Ezekiah (“Bud”) Fields Ezekiah Fields, Albert Morris, John R. McGee, Albert McGee, Albert McGee, Tee-ge-ski, Daniel Miller, George Washington Trout, Oo-ni-quan-na, Jackson Jones, Stand Smith, Richard Pheasant, W. A. Kincade, James Burkett, Bee Marshall, John Marshall, James Horsetly, Ned Jailer, Drewry Jones, James Jones, John Jones, Wilburn Jones, Charles Lisenbe, Washington Lisenbe, Eli Lisenbe, Andrew Miller, John Martin Miller, Joseph Gambold Miller, Thomas Miller, Mouse, Henry Nightkiller, Rock Shirt, James Rogers, Saltface, Lewis Rogers, William Rogers, Rottenman, Flea Smith, Joseph Smith, Stand Smith, Thomas Smith, Shell, Looney Tiger, Bear Timson, Wawaseet, William Webster Weir, Waseeter, James Waseeter, Womankiller, Charles Lowry, Ellis Dick, Luke Blevins, Samuel Palmer, Samuel Bright, Michael Condon, Dusky Rattlinggourd, William Conner Sr., William Conner, Ir., James Humphrey, George Frayser, Leander McGee, Samuel Steele, Elias Reader, Joseph Henry, Thomas Hadley, John Matthis, Joseph Rogers, Hill Wilkerson and David Pogue.

Company F. Not known.

Company G. Captains George Harlan Starr’, Alexander Wofford and Ephriam Martin Adair, First Lts. Jonh Gott, John R. Wright, Ephriam Martin Adair and Joseph McMinn Starr Jr., Second Lts. Alexander Wofford, Ezekial Starr and Joseph Martin Lynch, Third Lts. Thomas Wilkerson, Andrew Cummings Johnson and Mark Bean, Orderly Sergeant, _______ Root, John Henri Danenburg and John R. Vann. Privates: Andrew Alberty, Jesse Clinton Alberty, Cornelius Bean, Mark Bean, William Bean, Releford Beck, Joseph Beck, Samuel E. Beck, James Blake, Jesse Adair, Joists Alexander, Jonathan Bullington, John W. Bumgarner, James Carselowry, Cornelius Clyne, Joel M. B. Clyne, William Collins, Virgil Crawford, Charles Crittenden, Wellington Crittenden, John Henry Danenburg, William Danenburg, John Denton, William Henry Drew, George Washington Crittenden, James Crittenden, Ignacious Few, Elias Gourd Foreman, George Gott, William Gott, John Griffin, John Brown (“Oce”) Harlan, Erastus J. Howland, John Bean Johnson, Andrew Cummings Johnson, Kell, James Morgan, Calvin Sanders, David Sanders, \Vats n Sanders, William Sanders, John Sexton, John Scott, Samuel Sixkiller, Joseph Smallwood, John Smith, Lewis Stansel, Martin Butler Sturdivant, Ezekiah Taylor, John Thornton, William H. Thornton, Timothy Trott, Walter Duncan West, Stephen Whitmire, Benjamin C. Withorn, Harrison Williams, Robert Worford, John Martin, Charles W. Starr, James Starr, Joseph McMinn Starr, Jr., Walter Adair Starr, Benjamin Fisher, William Eubanks, Jeremiah Horn, George Noisywater, Johnson Watts, William Lafayette Trott, Andrew Reese, George Reese, Murray Reese, Caleb Wright. Hugh Montgomery Adair, Benjamin Franklin Adair, James Adair, lease M. Adair, John Bell Adair, George Washington Adair, Oscar Fitzaland-Adair, Ruins Bell Adair, George Alberty, Joshua Alberty, John Alberty, Bailey Bacon, John Ellis Bean, Joseph McMinn Bean, James Lafayette Bigby, Thomas W. Bigby, David McLaughlin Beck, John Beck, James Bell, John Russell, Benjamin Jackson Bigby, William Elwin Brown, George Byers, Nicholas Byers, James Chandler, George George, James Choate, James Collins, William Collins, Harry Crittenden, William Daniel, George Davis, John Davis William Henry Davis, James Devine, Harlin Eaton, Richard Eaton, Samuel Foreman, Thomas Gallagher, Benjamin Franklin Goss, Dennis Gonzales, Joho Gridin, Oliver Hogg, Philip Inlow, Sylvester Inlow, James Johnson, Shade Kagle, Jesse Killian, lames R. Lamar, Gatz Lewis, Joseph Martin Lynch, Richard Mayes, John Walker Mayfield, Alfred Miller, Joshua Morgan, Lone Morgan, Mark Morgan, George Reese, Charles Sanders, George Seabolt, Jeremiah Seabolt, Charles Washington Starr, Ellis Starr, James Starr, Allison Woodville Timberlake and John Vickery.

Company H. Captain John Thompson Mayes, First Lt. Daniel McKizzick, Second Lt. William Catterson, Third Lt. William H. Hendron, Orderly. Sergeant John Stewart. Privates: William Ballard, George Buffington, Frank Conseen, Michael Davis, Maxwell Dixon, Green Graham, J. B. Graham, John Graham, John Golston, Matthew Golston, Benjamin Harmon, James Harmon, Murphy Harmon, W. A. Y. Hastings. Joseph Hazlett, William Hazlett, Joel Bryan Mayes, William Henry Mayes, John Phillips, Stover Phillips, William Phillips, John Rogers Stover, James Tucker, John West, James Wilson, George W. Snardy, Charles Webber, John Hogan and John Davis.

Company I. Captains George W. Johnson and Milford West Alberto, First Lts. James Benge and David McNair Faulkner, Second Lt. David McNair Faulkner and John Martin Bell, Third Lts. David McNair Faulkner, Orderly Sergeants William Myers and William Eubanks. Privates: Isaac Sanders, Thomas Pettit, John Faulkner, Wilson Sanders. John Stansil, Lewis Stansil, Buck Few, L. D. Chambers, Lewis Robards, Watt Downing, Shores Pack, John Seminole, Robert Sanders, James Colby, Andrew Waters, John Walker Mayfield, Alexander McCoy Rider, William R. Foreman, William Eubanks, Charles Foreman, Joshua Sanders, Cornelius Sanders, Berry Price, John Price, John Hinman, Seven Fields, John Vanita, Josephus Simco, Bose Simco, George W. Alberty, William Butler, Cicero M. Cunningham, Clyde, A. Fargo, John Bell Adair, John Brown Harlan, Jesse Clinton Alberty, William McCracken, Lock Langley, Walter Scott Agnew, Joel McDaniel. Robert McDaniel, Samuel Foreman, Richard Pate, Cornelius Clyne, James Trott or Badger, Creek Pigeon, Creek Liver, Robert Waters, Amos Price John Gafford, Jesse Gafford, George Smoker, John H. Baugh and Joseph Wyatt.

Company K. Captain John Spears, First Lt. _____ Foster, Second Lt.
Lewis Weaver. Third Lt. Thomas Wilkerson. Privates: John W. Bumgarner, Samuel Hair, John Hair and Joseph Vann.

Company L. Captain James Thompson.

Shortly after the formation of the First Cherokee Mounted Rifles; Joel Mayes Hymn organized and became Major of Bryan’s Battalion. The letters of the companies are not known, but the companies were probably
Captain C. C. Waters, First Lt. Jasper Wilkerson, Second Lt. James Chambers Yeargain, Third Lt. Daniel Herron, orderly Sergeant Mal Banks Privates: David Copeland, George Sullivan, Heim Ward. William Wart, Lewis Baker, Wallace Brown, John Banks, George Banks, George Buchanan, Jefferson Cordell. Charles Baker, John Baker. Frank Davis, John Edward, Samuel Gamble, Augustus Gailey, Joseph Gailey, Lucien Gailey, Warren Gailey, Randolph Gallion, William Clark, William Grinder, Caleb Gillert, David Holt, George Holt, Henry Holt, William Latta, Mathew Latta, Henry Lukens, Alexander McCall, James Patton, Henderson Rotrammel, Henry Rotrammel, James Rotrammel, John Rotrammel, Wilson Rotrammel, George Russell, Joseph Shelton, P. N. Thomas, Samuel Shelton, Monroe Smith, Robert Vinyard, George He Shields Ward and William Wilkerson.

Captain John R. Harden and First Lt. William Hendron, Private: Jacob M. Hiser.

Captain William Shannon.

On August 31, 1862 the First Cherokee Mounted Volunteers was organized with Stand Watie as Colonel, Lieutenant Colonel Robert Calvin Parks, Major Joseph Franklin Thompson, Quartermaster John Lynch Adair, Surgeon Dr. William J. Dupree, Chaplain John Harrell.

The Second Cherokee Mounted Volunteers was organized several months later under Colonel William Penn Adair, Lieutenant Colonel James Madison Bell and later O. H. P. Brewer. Major Porter Hammock succeeded by John R. Harden, Quartermaster Joel Bryan Mayes, Commissary C. S. Lynch, Surgeon Dr. Waldemar Lindsley and Chaplain John Harrell. Shortly after the organization of the Second Cherokee Mounted Volunteers Moses Frye organized a battalion and became its Major, he was succeeded by Joseph Absalom Scales.

It has been impossible to identify the companies with the above given regiments and battalions, but fragmentary rosters are as follows:

Captain John W. (“Scoy”) Brown became demented and succeeded by E. G. Smith and later by John Gunter Scrimsher. First Lts. E. G. Smith. John Gunter Scrimsher and Dempsey Handle. Second Lt. Dempsey Handle, and Dumplin O’Fields, Third Lt. William Parrott, Orderly Sergeants Jolts Anthony Foreman and Clark Charlesworth Lipe. Privates: John Chambers Jr., Joseph Chambers, George Davis, Deerham, Richard Fool, William Fool, Looney Hicks, Hogshooter, Jack Justice, Watie Lafabre, Talet Morgan, Johnson O’Fields, Telenahi, Henry Covet, John Kickup, Joseph Turnover and George Runabout. In calling the roll orderly sergeant Lipe always finished with “Kickup, Turnover and Runabout.”

Captain James Leon Butler, First Lt. Clement Vann Rogers, Second Lt. John Talala Kell, Third Lt. William Henry Mayes. Privates: Lucien Burr Bell, Daniel O’Conner Kell, Joseph Kell, Lewis Ross Kell, Robert Due Knight, Thomas Rogers Knight, James L. McLaughlin, Thomas McLaughlin, Thomas Lewis Rogers, Rogers Stover, Saladin Watie, Robert Fite, Henry Shaw, Joseph Landrum, Calvin Miller, Bevelly Bean Hickey, Bailey Bacon Thomas Bacon, John Calhoun West, William M. West, George West, John Gunter Scrimsher, Robert Mann, Rufus Montezuma Morgan, Calvin Jones Hanks, Talet Morgan, Benjamin Franklin Adair, Green Parris, Charles H. Campbell, Robert Taylor Hanks, John Chambers Jr. and Maxwell Chambers. Butler’s company was probably in the organization at Ft. Wayne in July 1861.

Captain Benjamin Wisner Carter, First Lt. Richard Carter, Second Lt. Johnson Fields, Third Lt. Catcher Teehee. Privates: Seahorn F. Tyner, Reuben Bartley Tyner, Abraham Woodall, Ezekial Bolin, Walter Bolin, Simon Boynton, John Ross Carter, Charles Coody, Millard Filmore, Joseph Freshower Joseph Hedricks, William Hedricks, Isaac Keys, Looney Keys, Monroe Keys, Samuel H. Keys, Samuel Houston Mayes, Worcester McCoy, Lewis Clark Ramsey, Randolph Riley, Samuel A. Riley, Antoine Rogers, Ar. drew Tyner, Daniel Teehee, George Teehee, John Teehee and Thom: Teehee. Possibly a company of the First Cherokee Mounted Volunteers.

Captain John Childers, First Lt. Samuel Lee and Second Lt. Ellis Sanders. This was probably a company of Frye’s Battalion.

Captain John Porum Davis, First Lt. Charles Drew, Second Lt. James Christopher McCoy, Third Lt. John Q. Hayes, Orderly Sergeant Richard Neal, Second Sergeant John Evans, Third Sgt. Teesee Guess, Fourth Sgt. Samuel Campbell, Fifth Sergeant Heavy Butler, First Corporal George Downing, Second Corp. John Poorbear, Third Corp. Albert P. Shepherd, Fourth Corp. Thomas O. Bowles. Privates: George Arnold, Joe Ashes, James Applegate, George Bowles, James Bowles, Johnson Bowles, Samuel Bowles, Badger, Johnson Baldridge, David Barberry, Isaac W. Bertholf, Robin Bob, John Butterfield, Cahlahhoola, Chunarchur, Crane, David Davis, Small Dirt, David Downing, Edward Downing, Joseph Downing, Benjamin Ellis, Latayette Ellis, Stand Foreman, Flyingaway, Buck Girty, Simon Girty, Buffalo Garves, James Griffin, William Griffin, David Harris, Nathan Hicks, Walter Jackson. John Kettle, Allen Latta, Hercules T. Martin, John Miller, George Morris, Daniel McCoy, W. S. McCoy, David McLaughlin, Oolskunee, Oowalooks, Joseph Ore, Satanka, Joseph Shepherd, William Shepherd, George Smoker, Splitnose, Ellis Starr, Ezekial Starr, George Starr, Tobacco John, James Starr, James Starr, George Sunshine, Allison Woodville Timberlake. David Vann, Jesse Vann, Monkey Vann, Yartunnah Vann, Thomas Waits and Reuben Williams.

Captain William Eckridge First Lt. Thomas Jefferson McGee, Second Lt. Lewis Rogers, Third Lt. Albert McGee, Orderly Sergeant Dr. Charles H. Preston. Privates: David Bashears, Elap, George Broughill, David Burkett, John Beamer, Joseph Bledsoe, Lorenzo Bledsoe, John Caldwell, Ellis Dick, Isaac Dick, Dick Duck, John Duck, Ezekial (“Bud”) Fields, Ezekial Fields, George Washington Fields, George Fields, Henry Fields, Matthew Fields, Thompson Fields, George Frazier, John Brown Harlan, Samuel G. Heflington, Scott Hunt, Calvin Jackson, Harvey Jackson, Benjamin King, Samuel Kinkade, Charles Lisenbe, Washington Lisenbe, Bee Marshall, John Mathis, David A. McGee, John McMurtrey, Solomon Moore, Oliver Morris, Wilson Muskrat, David Pogue, George Raper, John I. Rogers, Joseph Rogers, Shot- pouch, Frank Simms, William Stover, Ticanooly, George Washington Trout George Washington Walker, Vann Ward, Hill Wilkerson and Albert Morris. This company was probably first a part of Bryan’s Battalion and later (Co. D?) of the Second Cherokee Mounted Volunteers.

Captain John W. Fagan.

Captain Richard Fields, First Lt. Moses Edwards. Second Lt. Bevelly Bean Hickey, Orderly Sergeant Coon Vann. Privates: George (Buckskin) Waters, Sunday Hogtoter, Benjamin Fisher, Hogtoter Waters, Yartunna Proctor, Tetenahi, Benjamin King, Dreadfulwater, Lorenzo D. Chambers, John Quincy, A. Smith, William Henry Mayes, Robert McLemur, and Thomas Henry Still.

Captain Alexander Foreman.

Captain Roswell W. Lee, First Lts. Henry Forrester and J. W. Gregg, Second Lts. William Taylor and Riley Wise Lindsey, Orderly Sergeants John Reese, Taylor Clark and John R. Vann. Privates: Lee Silk, Thomas Peter, Brush, Charles Hicks, Rider Cloud. William Crane, William Womack, John Polk, Robert Barnard, James Brower, McCoy Smith, George W. Alberty, Arseena, Samuel Benge, Alonzo Bledsoe, Thomas Bigby, James Crittenden, John Doghead, J. Hilary Clark, John Campeau, Richard Hurd, John Marshall Isaac Proctor, Oollenowi, Ice Nitts, William Phillips, James Seymour, Ketcher Solomon, Bailey Bacon, John Bacon, William Taylor, J. Riley Baker, Cap Edwards, William Walker and William Deadrick. This was an artillery company. They got their battery: three twelve pound howitzers and a 2.25 pound brass rifle, early in 1863. One twelve pounder lost in Elk Creek after the battle of Honey Springs and found by the federals while searching for dead. Three other guns were added but their sources not known. One gun bursted by over charging at the capture of the Steamer J. R. Williams on June 5, 1864 and the others were surrendered to the United States at the close of the war.

Captain Moses C. Frye, First Lt. John Childers, Second Lt. William Alexander and John Edward Gunter, Third Lt. William Barnes. Privates: Charles A. Fargo. Isaac Sanders, John Price, Thomas Jefferson Carter, Samuel Candy and. Ellis Sanders. This is probably the same company that was commanded by John Childers after Captain Frye organized and became Major of the battalion.

Captain Samuel Gunter. First Lt. William Alexander, Second Lt. Calvin Jones Hanks, Third Lt. Rufus Bell Adair, Orderly Sergeant Robert Taylor Hanks. Privates: Felix N. Witt, John Bell Adair, Samuel Candy, John Edward Gunter, Stephen N. Carlile, George Washington Fields, Charles Jones, Matthew Jones, James Ussrey, Philip Ussrey, Tobe Ussrey, Lock Langley, John Price, Allen Matthis, William McCracken, Robert Alexander, John Poorbear, John Candy, Henderson Holt, John Gafford, George Smoker, John Lafayette Brown, David Ussrey, William Ussrey, John H. Shanks, Charles Harmon, Buck Elmo, Jefferson Eldridge, George Yates, Moses Edwards, Seven Fields, Bertie Simmons, Keekee Gunter, Jesse Gafford, Jolly Colwell, Samuel Wheeler, Moses Holt, Joseph Perdue, John Perdue, John Frazell, John Gonzales, Snake Puppy, William Johnson and Benjamin Johnson.

Captain Charles Holt, First Lts. Montgomery Morgan and Squire Baldridge.
Second Lts. John D. Alberty and Jack Miller, Orderly Sergeants James Reed and Coon Vann. Privates: Stephen N. Carlile, Charles Jones, James Ussrey, George Reese, Stephen Whitmire, George (“Buckskin”) Waters, Samuel Payne, John Marshall, Little Leach, Charles Hicks, Arseena Vann, Abraham Lincoln, J. L. McCorkle and William Lowrey.

Captain Richard O’Fields, First Lt. Johnson O’Fields.

Captains Thomas Jefferson Parks and John W. Fagan, First Lt. John W. Fagan. Privates: John Pinkney Chandler, Aaron Head and Releford Beck.
Captain Clement Vann Rogers, First Lt. Joseph Martin Lynch, Second Lt. Thomas Lewis Rogers, Third Lt. Henry Chambers, Orderly Sergeant Robert McDaniel, Privates: Richard Griffin, Daniel Webster Vann, Nepoleon Bonapart Rogers, Isaac Howell, John Flair, John W. Bumgarner, Caleb Wright, Virgil Crawford, Joseph Rogers, Antoine Rogers, Maxwell Chambers, Joseph Martin Hildebrand, Hilary Clark, Thomas Hubbard, Wilkerson Hubbard, Reuben Finley, Moses McDaniel, James Beavert, Lemuel Smith, John O’Reiley and Joseph H. Bennett.
Captain Joseph Smallwood.

Captain John M. Smith. First Lt. Edward Foreman, Second Lt. Herman Lincoln Foreman, Third Lt. Martin Buzzardflopper. Orderly Sergeant Looney Tiger. Privates: Richard L. Martin. John Palmer, Moses Williams and Nelson McDaniel.

Captain John W. T. Spencer. First Lt. Robert McDaniel, Second Lt. James Beavert, Third Lt. Randolph Coker, Orderly Sergeant Daniel Webster Vann. Privates: Houston Allen, John Bell, John Boot, James Cannon, Virgil Crawford, David Cogswell, Archibald Elliott, George W. Elliott, James Elliott, Walter Elliott, Jefferson Gage, John Griffin, Alexander Gordon, Wiley McNair Guilliams, Nicks, Daniel O’Conner Kell, Joseph Kell, Richard L. Martin, Nelson McDaniel, David McLaughlin, Ezekial McLaughlin, John McNulty, John McPherson, John Palmer, John Poorbear, Jones Benjamin Franklin Rogers, James Spencer, Napoleon Bonapart Rogers, Claybourne Taylor, Andrew Townsend, Reuben R. Tyner, Bryan Ward, James Ward, John Ward, James Williams, John Williams, Moses Williams, John Witt and William McCracken.

Captain James Stewart, First Lt. Catterson, Second Lt. George W. Snardy, Third Lt. Newton Swinney, Orderly Sergeant: John Anderson, Privates: James Brower, Frank Bryan, Jack Bryan, Samuel Bryan, John Burns, John Campeau, John Campbell, Thomas Coffelt, John Crabtree, Thomas Eby, Charles Edmondson, N. B. Edmondson, George Washington Elliott, J. William Gregg, Daniel O’Conner Kell, Joseph Kell, Alexander L. Martin, Napoleon B. McCreary, John Nance, M. P. Snider, John Stotts, Joseph Lynch Thompson, George Wagoner, Walter Adair West and James Yost.

Captains William Taylor and William Eubanks, First Lt. William Eubanks, Second Lt. George Reese. Third Lt. John Alexander.

Captain Hugh Tinnon. First Lt. Jeter Thompson Cunningham, Second Lt. William Evans, Third Lt. Joseph Ingle, Orderly Sergeant: Patrick Patton. Privates: Hugh Abercrombie, Charles Barney, Henry Baumister, John Bradshaw, John Bricker, William Brickey, Mitchell Blevins, Ransom Blevins Thompson Blevins, John Abercrombie, Lafayette Abercrombie, Freeman Authur, John Chastain, Chuwanosky, Henry Coats, John Coats, James Coleman, William Compton, Alexander Copeland, Austin Copeland, Andrew Countryman, George Countryman, John Countryman, Samuel Countryman, David Denton, Jack Dickey, Edward Evans, Lewis Fair, James Sanford Fields, Moses Fields, Robert Francis, Henry Gales, William Green, Richard Holland, William Howell, John Ingle, Thomas Ingle, John Isbell, Columbus Isbell, Chapman Johnson, Thomas Johnson, Elijah Keith, John Keith, Thomas Keywood, William Keywood, Thomas King, Samuel Kirkpatrick, Henrry Louks, P. G. Lynch, Charles McFadden, Tella McFadden, Thomas McFadden, Samuel McPhail, Marshall McSpadden, John O’Bryan, Shipman Reed, John Rhea, John Rogers, Samuel C. Sager, John Elisha Stover, Rogers Stover, John Calhoun Sturdivant, Zimerhew Thomas, James Tinnon, William Tinnon, Stephen Walker, David White, James White and Marion White.

Captain John Shepherd Vann. First Lt. Walker Carey. Private Calvin Jones Hanks.

Captain Charles E. Watie, First Lt. Wilson Suagee. Second Lt. Samuel Mush, Third Lt. John Maw, Privates: John Kelcher, Alfred Pigeon, Logan Pigeon, Jack Pigeon, Stand Suagee and Ezekial Beck.

Captain Erastus Howland, First Lt. _______ Knight, Second Lt. ________
Boone, Third Lt. Antoine LaHay. Privates: Heman Lincoln Foreman, Alexander McCoy Rider and Riley J. Keys.

Captain William H. Turner, First Lt. Antoine LaHay, Second Lt. Return Jonathan Foreman, William W. Bark, Orderly Sergeant Jacob Markham. Privates: Amos Foreman, Squataleechee, William Cochran, Carter Daniel Markham, George Foreman, Lewis Cochran, John Cochran, Henry Blalock, George Arseena, J. P. Blackstone, Joseph Bledsoe, Littlebird, Samuel Cochran, Charles Cochran Sr., Charles Cochran Jr., John S. Coats, Wilson Cordery, Thomas Cordery, James Davis Sr., James Davis Jr., W. A. Dennison, Jackson Foreman, Looney Downing, Thomas Harvingston, George W. Kirk, John Inlow, Charles Jumper, Robert Kanard, John LaHay, John Mosley, John Martin Miller, Andrew Miller, Washington Miller, Robert J. Mann, Wilson Muskrat, James Proctor, Nelson Proctor, Johnson Thomas, Thomas C. Thomas, James Winitield, Ulrich Waldron, Samuel Wisner, James Wortham, John O’Reilly, Charles Hillen and William C. Daniel.

Governor Rector of Arkansas wrote Chief Ross on January 20, 1861 requesting the cooperation of the Cherokees with the Confederacy to which Chief answered avowing neutrality. The Chief by letters of May 17th, June 12th and I7th and in a proclamation of May 17th reiterated his stand for this principle. On July 12th Stand Watie the political opponent of Chief Ross organized his regiment and shortly afterwards the chief called a general convention of the Cherokees to meet at Tahlequah on August 21st. The Chief again urged neutrality and the convention passed resolutions in keeping with that sentiment. “The Chief wrote General McCullough that they are authorized to form an alliance with the Confederate States, which we determined to do as early as practicable. This determination may bring rise to movements against the Cherokee people upon their northern border. To be prepared for any such emergency, we have deemed it prudent to proceed to organize a regiment of mounted men and tender them for service. They will be raised forthwith, by Colonel John Drew, and if received by you will require to he armed”.’

Chief Ross appointed the following officers for Drew’s regiment: Colonel John Drew, Lieutenant Colonel William Potter Ross, Major Thomas Pegg, Adjutant James S. Vann, Surgeon Dr. Robert D. Ross. Chaplain Lewis Downing. Captains: Co. A, Pickens M. Benge; Co. B, Richard Fields: Co. C John Forum Davis; Co. D. James McDaniel; Co. E, Lewis Ross, succeeded by Newton Hildebrand; Co. F, William W. Alberty; Co. G, Anderson Springston; Co. H, Nicholas Byers Sanders; Co. K. George M. Murrell, succeeded Jefferson Hicks; Co. K, George Washington Scraper and Co. I., James Vann.

A treaty was concluded at Hunters Home, the residence of George M. Murrell on October 7, 1861 between the Confederate States and the Cherokee Nation and two days later Chief Ross delivered his message to the national council:

Message Of The Principal Chief To The Cherokee Nation

To the National Committee and Council in National Council convened:

Friends and Fellow Citizens: Since the last meeting of the National Council events have occurred that will occupy a prominent place in the history of the world. The United States have been dissolved and two governments now exist. Twelve of the states composing the late Union have erected themselves into a government under the style of the Confederate States of America, and, as you know, are now engaged in a war for their independence. The contest thus far has been attended with success almost uninterrupted on their side and marked by brilliant victories. Of its final result there seems to b no grounds for a reasonable doubt. The unanimity and devotion of the people of the Confederate States must sooner or later secure their success over all opposition and result in the establishment of their independence and a recognition of it by the other nations of the earth.

At the beginning of the conflict I felt that the interest of the Cherokee people would be best maintained by remaining quiet and not involving themselves in it prematurely. Our relations had long existed with the United States Government and bound us to amity and peace alike with all the States. Neutrality was proper and wise so long as there remained a reasonable probability that the difficulty between the two sections of the Union would he settled, as a different course would have placed all our rights in jeopardy and might have lead to the sacrifice of the people. But when there was no longer any reason to believe that the Union of the States would he continued then was no cause to hesitate as to the course the Cherokee Nation should pursue. Our geographical position and domestic institutions allied us to the south while the developments daily made in our vicinity and as to the purposes of the war waged against the Confederate States clearly pointed out the path of our interest.

These considerations produced a unanimity of sentiment among the
people as to the policy adopted by the Cherokee Nation, which was clearly expressed in their general meeting; held at Tahlequah on the 21st of August last. A copy of the proceedings of that meeting is submitted for your information.

In accordance with the declarations embodied in the resolutions they adopted the Executive Council deemed it proper to exercise the authority conferred upon them by the people there assembled. Messengers dispatched to General Albert Pike, the distinguished Indian Commissioner of the Confederate States, who having negotiated treaties with the neighboring Indian nations, was then’ establishing relations between his government and the Comanches and other Indians in the Southwest, who bore a copy of the proceedings of the meeting referred to, and a letter from the executive authorities, proposing on behalf of the nation to enter into a treaty of alliance, defensive and offensive, with the Confederate States.

In the exercise of the same general authority, and to be ready as far as practicable to meet any emergency that might spring up on our northern border, it was thought proper to raise a regiment of mounted men and tender its services to General McCullough. The people responded with alacrity to the call, and it is believed the regiment will be found as efficient as any other like number of men. it is now in the service of the Confederate States for the purpose of aiding in defending their homes and the common rights of the Indian nations about us. This regiment is composed of ten full companies, with two reserve companies, and, in addition to the force previously authorized to be raised to operate outside of the Nation by General McCullough, will show that the Cherokee people are ready to do all in their power in defense of the Confederate cause, which has now become our own. And it is to be hoped that our people will spare no means to sustain them, but contribute liberally to supply any want of comfortable clothing for the approaching season.

In years long since past our ancestors undaunted those who would invade their mountain homes beyond the Mississippi. Let not their descendants of the present day be found unworthy of them, or unable to stand by the chivalrous men of the South by whose side they may be called to fight in self-defense. The Cherokee people do not desire to be involved in war, but self-preservation fully justifies them in the course they have adopted, and they will be recreant to themselves if they should not sustain it to the utmost of their humble abilities.

A treaty with the Confederate States has been entered into and is now submitted for your ratification. In view of the circumstances by which we are surrounded and the provisions of the treaty it will be found to be the most important ever negotiated on behalf of the Cherokee Nation, and will mark a new era in its history. Without attempting a recapitulation of all its pro-visions, some of its distinguishing features may be briefly enumerated.

The relations of the Cherokee Nation are changed from the United to the Confederate States, with guarantees of protection and a recognition in future negotiations only of its constitutional authorities. The metes and boundaries, as defined by patent from the United States, are continued, and a guarantee given for the Neutral Land or a fair consideration in case it should be lost by war or negotiation and an advance thereon to pay the national debt and to meet other contingencies. The payment of all our annuities and security of all our investments are provided for. The jurisdiction of the Cherokee courts over all members of the Nation, whether by birth, marriage, or adoption, is recognized.

Our title to our lands is placed beyond dispute. Our relations with the Confederate States is that of a ward; theirs to us that of a protectorate, with powers restricted. The district court, with a limited civil and criminal jurisdiction, is admitted into the country instead of being located at Van Buren, as was the United States court. This is perhaps one of the most important provisions of the treaty, and secures to our citizens the great constitutional right of trial by a jury of their own vicinage, and releases them from the petty abuses and vexations of the old system, before a foreign jury and in a foreign country. It gives us a delegate in congress on the same footing with delegates from the Territories, by which our interests can be represented; a right which has long been withheld from the Nation and which has imposed upon it a large expense and a great injustice. !t also contains reasonable stipulation in regard to the appointing powers of the Agent and in regard to licensed traders. The Cherokee Nation may be called upon to furnish troops for the defense of the Indian country, but is never to be taxed for the support of any war in which the States may be engaged.

The Cherokee people stand upon new ground. Let us hope that the clouds which overspread the land will be dispersed and that we shall prosper as we have never before done. New avenues of usefulness and distinction will be open to the ingenious youth of the country. Our rights of self-government will be more fully recognized, and our citizens will be no longer dragged off upon flimsy pretexts, to be imprisoned and tried before distant tribunals. No just cause exists for domestic difficulties. Let them be buried with the past and only mutual friendship and harmony be cherished.

Our relations with the neighboring tribes are of the most friendly character. Let us see that the white path which leads from our country to their^ be obstructed by no act of ours, and that it be open to all those with whom we may be brought into intercourse.

Amid the excitement of the times it is to be hoped that the interests of education will not be allowed to suffer and that no interruption be brought into the usual operations of the government. Let its officers continue to discharge their appropriate duties.

As the services of some of your members may be required elsewhere and all unnecessary expense should be avoided, I respectfully recommend that the business of the session be promptly discharged.

John Ross.


Executive Department,
Tahlequah, C. N., October 9, 1861.

On October 28th the council issued the following declaration: Declaration by the People of the Cherokee Nation of the Causes Which Have Impelled them to Unite Their Fortunes With Those of the Confederate States of America.

When circumstances beyond their control compel one people to sever the ties which have long existed between them and another state or confederacy, and to contract new alliances and establish new relations for the security of their rights and liberties, it is fit that they should publicly declare the reasons by which their action is justified.

The “Cherokee people had its origin in the South; its institutions are similar to those of the Southern States, and their interests identical with theirs. Long since it accepted the protection of the United States of America, contracted with them treaties of alliance and friendship, and allowed themselves to be to a great extent governed by their laws.

In peace and war they have been faithful to their engagements with the United States. With much hardship and injustice to complain of, they resorted to no other means than solicitation and argument to obtain redress. Loyal and obedient to the laws and the stipulations of the treaties, they served under the flag of the United States, shared the common dangers, and were entitled to a share in the common glory, to gain which their blood was freely shed on the battlefield.

When the dissentions between the Southern and Northern States culminated in a separation of State after State from the Union they watched the progress of events with anxiety and consternation. While their institutions and the contiguity of their territory to the states of Arkansas, Texas and Missouri made the cause of the seceding States necessarily their own cause, their treaties had been made with the United States, and they felt the utmost reluctance even in appearance to violate their engagements or set at naught the obligations of good faith.

Conscious that they were a people few in numbers compared with either of the contending parties, and that their country might with no considerable force be easily overrun and devasted and desolation and ruin be the result if they took up arms for either side, their authorities determined that no other course was consistent with the dictates of prudence or could secure the safety of heir people and immunity from the horrors of a war waged by an invading enemy than a strict neutrality, and in this decision they were sustained by a majority of the Nation.

That policy was accordingly adopted and faithfully adhered to. Early in the month of June of the present year the authorities of the Nation declined to enter into negotiations for an alliance with the Confederate States, and protested against the occupation of the Cherokee country by their troops, or any other violation of their neutrality. No act was allowed that could be construed by the United States to be a violation of the faith of treaties.

But Providence rules the destinies of nations, and events, by inexorable necessity, overrule human resolutions. The number of the Confederate States increased to eleven, and their government is firmly established and consolidated. Maintaining in the field an army of two hundred thousand men, the war became for them but a succession of victories. Disclaiming any intention to invade the Northern States, they sought only to repel invaders from their own soil and to secure the right of governing themselves. They claimed only he privilege asserted by the Declaration of American Independence, and

To which the right of the Northern States themselves to self-government is formed it altering their form of government when it became no longer tolerable and establishing new forms for the security of their liberties.

Through out the Confederate States we saw this great revolution effected without violence or suspension of the laws of the courts. The military power was nowhere placed above the civil authorities. None were seized and imprisoned at the mandate of arbitrary power. All division among the people disappeared, and the determination became unanimous that there should never again be any union with the Northern States. Almost as one man all who were able to bear arms rushed to the defense of an invaded country, and nowhere has it been found necessary to compel men to serve or to enlist mercenaries by the oiler of extraordinary bounties.

But in the Northern States the Cherokee people saw with alarm a violated constitution, all civil liberty put in peril, and all rules of civilized warfare and the dictates of common humanity and decency unhesitatingly disregarded. In states which still adhered to the Union a military despotism had displaced the civil power and the laws became silent amid arms. Free speech and almost free thought became a crime. The right of the writ of habeas corpus, guaranteed by the constitution, disappeared at the nod of a Secretary of State or a general of the lowest grade. The mandate of the Chief Justice of the Supreme Court was at naught by the military power and this outrage on common right approved by a President sworn to support the constitution. War on the largest scale was waged, and the immense bodies of troops called into the field in the absence of any law warranting it under the pretense of sup-pressing unlawful combination of men.

The humanities of war. which even barbarians respect, were no longer thought worthy to he observed. Foreign mercenaries and the scum of the cities and the inmates of prisons were enlisted and organized into brigades and sent into Southern States to aid in subjugating a people struggling for freedom, to burn, to plunder, and to commit the basest of outrages on the women; while the heels of armed tyranny trod upon the necks of Maryland and Missouri, and men of the highest character and position were incarcerated upon suspicion and without process of law, in jails, in forts, and prison ships, and even women were imprisoned by the arbitrary order of a President and Cabinet Ministers; while the press ceased to be free, and the publication of newspapers was suspended and their issues seized and destroyed; the officers and men taken prisoners in the battles were allowed to remain in captivity by the refusal of the Government to consent to an exchange of prisoners; as they had left their dead on more than one field of battle that had witnessed their defeat, to be buried and their wounded to be cared for by southern hands.

Whatever causes the Cherokee people may have had in the past to com-plain of some of the southern states, they cannot but feel that their interests and destiny are inseparably connected with those of the south. The war now waging is a war of Northern cupidity and fanaticism against the institution of African servitude; against the commercial freedom of the south, and against the political freedom of the states, and its objects are to annihilate the sovereignty of those states and utterly change the nature of the general government.

The Cherokee people and their neighbors were warned before the war commenced that the first object of the party which now holds the powers of government of the United States would be to annul the institution of slavery in the whole Indian country and make it what they term free territory and after a time a free state and they have been also warned by the fate which has befallen those of their race in Kansas, Nebraska and Oregon that at no distant day they too would be compelled to surrender their country at the demand of Northern rapacity, and be content with an extinct nationality, and with reserves of limited extent for individuals, of which their people would soon be despoiled by speculators, if not plundered unscrupulously by the state.

Urged by these considerations, the Cherokees, long divided in opinion, became unanimous, and like their brethren, the Creeks, Seminoles, Choctaws, and Chickasaws, determined, by the undivided voice of a General Convention of all the people, held at Tahlequah on the twenty-first day of August, in the present year, to make common cause with the South and share its fortunes.

In now carrying this resolution into effect and consummating a treaty of alliance and friendship with the Confederate States of America the Cherokee people declare that they have been faithful and loyal to their engagements with the United States until, by placing their safety and even their national existence in eminent peril, those States have released them from those engagements.

Menaced by a great danger, they exercise the inalienable right of self defense, and declare themselves a free people, independent of the Northern States of America, and at war with them by their own act. Obeying the dictates of prudence and providing for the general safety and welfare, confident of the rectitude of their intentions and true to the obligations of duty and honor, they accept the issue thus forced upon them, unite their fortunes now and forever with those of the Confederate States, and take up arms for the common cause, and with entire confidence in the justice of that cause and with a firm reliance upon Divine Providence, will resolutely abide the con-sequences.

THOMAS PEGG, President of National Committee.
JOSHUA ROSS, Clerk National Committee.

LACEY MOUSE, Speaker of Council
THOMAS B. WOLF, Clerk of Council.

Approved. JOHN ROSS.

Brigadier General Albert Pike was assigned to the command of the Indian Territory on November 22, 1861. The battle of Bird Creek between Opothleyohola’s federal Creek refugees and the confederate forces, including Drew’s regiment was fought on December 9th. After the battle of Pea Ridge, in Arkansas on March 6, 1862, the confederate authorities diverted all possible forces and equipment to the east side of the Mississippi. Thus the Cherokee Nation was left with scarcely any protection from their con-federate allies. The Cherokees received no pay as soldiers. Funds, ammunitions, artillery, arms, commissary supplies and clothing that had been meant for them was stepped at Fort Smith and Little Rock. During the month of March, Brigadier General Albert Pike paid to Cherokee national treasurer, Lewis Ross, at his brother John Ross’ residence at Park Hill, as per the requirements of the late treaty, one hundred and fifty thousand dollars in confederate bills and seventy thousand dollars in gold.

A federal expedition was outfitted at Fort Scott and started to the Cherokee Nation on March 6, 1862. It was designated the “Indian expedition” and was under the command of Colonel William Weer, who wrote from Le Roy. Kansas on the thirteenth of June that “John Ross is undoubtedly with us and will come out openly when we reach there.” The Indian expedition rapidly approached from the north by way of Humboldt, Kansas and Cowskin Prairie, Cherokee Nation. Brigadier General Pike had made his headquarters at Camp McCullough near Red River since the battle of Pea Ridge and a Colonel J. J. Clarkson had been appointed as confederate commander in the Cherokee Nation on June 26th ranking; Colonels Watie and Drew, and independent of Brigadier General Pike. His unpicketed camp at Locust Grove was surprised a little before daybreak on July 3 by Colonel Weer. Col. Clarkson and several of his men were captured. Nearly all of Drew’s regiment which had been camped on Flat Rock Creek on the west side of Grand River, some twenty miles southwest of Locust Grove, joined the federal forces on Cabin Creek on the third, fourth, fifth and sixth of July. Colonel Drew remained loyal to the confederacy. The Second Indian Home Guards federal service was organized at Cabin Creek on the fifth under Colonel John Ritchey. William A. Phillips became colonel of the Third Indian Home Guards U. S. A. The Home Guards returned to Flat Rock on the eleventh.

Captain Harris S. Green, of the Sixth Kansas Cavalry, which was a part of the Indian expedition arrived at Chief Ross on July l5th and Col. Weer occupied Fort Gibson on the same date. Captain Greeno reported that “Chief Ross feels very badly on account of our not having any forces on this side of the river (Grand) for protection.” Over two hundred members of Home Guards regiments were at Chief Ross’ at the time and Captain Greeno went through the formality of arresting Chief Ross, Lieutenant Colonel William P. Ross. Major Thomas Pegg, First Lieutenants Anderson Benge and Joseph Chooie, Second Lieutenants Lacey Hawkins, Archibald Scraper, George W. Ross, Third Lieutenants Allen Ross. Joseph Cornsilk and John Shell.

Colonel Weer was arrested at the camp on Cabin Creek by Colonel Frederick Solomon of the Ninth Wisconsin Volunteers on the charge of having conducted the command to a distant station where they were not in communication with the commissary department and practically out of provisions, but the whole affair had the appearance of jealous insubordination as Colonel Weer was shortly afterwards advanced in rank. The prairies were covered with the cattle of the Cherokees but other food was not to be had locally. But from this date cattle stealing’ became so popular with the Kansans that before the end of the war cattle became a rare sight in the Nation. Colonel Solomon withdrew his northern forces to Hudson ferry of Grand River, on the Kansas line and the Cherokees were left on Flat Rock Creek, ten miles north of the present city of Wagoner.

Lieutenant Colonel Thomas Fox Taylor and several of his command were killed on Bayou Menard on the morning of July 2 7th, Chief Ross, with his friends and relatives together with the national records and the two hundred fifty thousand dollars that had been received from the confederate government started north under a federal escort in the afternoon of the same day. They arrived at Fort Scott on August 7, 1.S62′. Notwithstanding the dire distress of most of the Cherokee refugees in southeastern Kansas, Chief Ross, his family and a few relatives, left one week later- for Pennsylvania, where they staid during the remainder of the war.

The battle of Fort Wayne was fought on October 22, 1862, the confederates were defeated, their artillery captured and they retired to Canadian River. Fort Davis, opposite Ft. Gibson, was burned by the federals on December 27th.

The First Indian Home Guard regiment was principally Creeks. The Second and Third regiments of this brigade were predominantly Cherokee. The Second had sixty-six officers and one thousand eight hundred privates. The Third had fifty-two officers and one thousand four hundred thirty seven privates, totaling three thousand three hundred eighty eight men. A fragmentary list of these organizations are: Second Regiment, Colonel John Ritchey. Lt. Colonels David B. Corwin and Frederick W. Schuarte, Surgeon Dr. A. J. Ritchie.

Captain Co. A James McDaniel. First Lt. McLain, Second Lt. _________ McLain, Second Lt. Walter Long. Privates: Jug Whitepath, West Beamer, Cat, Dick Duck, John McIntosh, John Glass, Hungry, Levi O’ Fields, Rocky Mountain, Thomas Potato, Shade, Walter Stop, Swimmer, Joseph Swimmer, Tun-ne-no-lee, Backwater, Wahsosee, Oganiah Weliny.

Captain Co. B Moses Price, First Lt. John M. Hunter. Second Lt. Alexander Hawk. Orderly Sergeant Charles Teehee. Privates: Chu-hi-tla, Walter Downing, Isho-wah-no-ski, Daniel Tucker, William Tucker. Henry White, Tee-coo-ti-gi-ski. Henry Blackfox, Daniel Chopper, Daylight Chopper, Wilson Drum, Lewis Forkedtail, Joseph Fox, Gu-no-hi-du, Oochalata, Oola-wate, Archibald Spears, Sweetwater. Redbird Tiger and Wheeler Tiger.

Captain Co. C James H. Bruce. Privates: Samuel Crittenden, Little-bear Bigmush, Thomas McCoy, Mankiller Catcher, Ned Wickett, Chu-hi-sa-ta, Elowe, George Wilson Girty, Jimmy, Dick Gagawi, Bark Prince, Jackson Prince, Taylor Prince, Squirrel Starr, Eli Tadpole, Tough and James Taylor.

Captain Co. D Archibald Scraper. First Lt. John C. Palmer, Second Lt. Joseph Chooie, Orderly Sergeant Henry Scraper, Privates: Delaware Sixkiller, Canaheela, Crawler, Creek George, Dick Crittenden, John Foster, Goingsnake, Hider, Going to mill, Isaac Hawk, Wilson Lacey, Stephen Oolstoo, George Washington Scraper, Sicooie, Pelican, Sand, Too-cu-ta, Edward Walker, Walter, Whaler Watt and Jack Watt.

Captain Co. E Daniel McCoy Gunter, First Lt. William H. Kendall. Second Lt. Rufus O. Ross. Orderly Sergeant Daniel Ross Hicks. Privates: David Hendricks, James Hair, Charles Harjo, John Riley, Samuel Sanders, Lester Schneider, George Tiesky, Wareagle, Jack Woodard, Loony R. Gourd. John R. Hicks. Charles R. Hicks, Lewis Ross Thornton, William H. Thornton, Robert B. Ross, Lewis Dunbach, Armistead Maxfield, Tarsutta McCoy, Samuel Crossland, George Love, Lewis Hicks, William McCoy, James West, Thornton, Creek Jim Fox, Benjamin Foster, James Foster, Richard Dick-Nicholas Sanders, Jesse Sanders, Eli Sanders, Andrew Cordrey, Jefferson Robertson, Richard Robertson, Wade H. Robertson, John Walker, George W. Gage, Ross Adair and Benjamin Adair.

First Lt. Co. F Arleecher. Privates: Tu-ya-stee-ka, Henry Vann, Walter Hunter, Aaron, Archey, Arneechee, Tom Big, James Bolin, John Baldridge. Archibald Canoe. Thomas Cornsilk, Creek Tulsa, Adam Dirtseller, David Holmes, Johnson, Eli Lowrey, Lovett, Scott Mankiller, Edward Mayfield. Nelson, Plow, Spirit, Su-yo-du, Ta-ka-li-gi-ski, Houston Mayfield and Key Dougherty.

Captain Co. G Bud Gritts. Privates: John Bean. James Beaver, Jumper Blackburn, Bullfrog, George Drum, Askwater, James Vann and Reed Vann.

Captain Co. H Andrew J. Waterhouse. Privates John Wright and Scraper Nicholson.

Captain Co. I Dirtthrower. First Lt. Jesse Henry.

Captain Co. K Springfrog.

Colonel Third Indian Home Guards William A. Phillips, Lieutenant Colonel Lewis Downing, Major John A. Foreman.

Captain Co. A Smith Christy. First Lt. Samuel Houston Benge.

Captains Co. B Isaac Tyner and Alexander C. Spillman, First Lt. Alexander C. Spillman, Second Lt. William Sunday. Privates: John Thompson, Lacey Beartoter, Richard Bearpaw, Harry Cutter, Johnson Dick, Peter Dry, Adam Feeling George- Hungry Dick, Johnson Jug, Jack Rabbit, Johnson Ridge, George Ridge, John Sharp, Sharp, Tom Sunday, George Seven, Smoker, John Starr, Jesse Witch, John Bear, Otterlifter, Waterhunter, Tom Spikebuck. David Consene, Red Ellis. Eli Goodmoney, Joe F. Reese, Lewis Wolf, Soup, Sulteeska. Wolf Smoke, Hogshooter, Grass and Runabout Puff.

Captain Co. C Nathaniel Fish. Privates: Thompson Bean. George Cooweescoowee, Goback, Wilson Hair, Thomas Suake, Tadpole Crossing, George Weaver, Joseph Butler, Ellis Johnson, William Catcher, Looney McLain, Andrew Nowife, John Riley, Shoe Boots, Tallow Mayes, Lewis Scontihee, George Adams, William Cade, Thomas Hammer, James Hite, Jaybird Raft, Mick Leach, Young Puppy and Jackson Rail.

Captain Co. D Talala. Privates: Dragging Downing, David Horn, Samuel Knight, Charles Pumpkin, Hunter, Runabout Fodder, Samuel Spirit, George Soap, Wiley, Jesse Smoke, Sanders, Blackhaw, Dull Downing, Samuel Henry, John Pickup, Bigtalker, Jack Double, Alexander Downing, Thomas Hammond, George Hog, Situake, William Sourjohn, Tony and Arch Keener.

Captain Co. E William Webber and Thomas Pegg, First Lt. John S. Hanway, Second Lt. Bear Brown, Orderly Sergeant Robin Crawford. Privates: Jesse Davis, Josiah Stealer, Jim Yohola, George Washington Clark, Crapo, Creek Sam, Sidney Justice, Frank Kerr, John Meigs, Murdoch McLeod, James McTier, Henry Nave, Nicholas B. Woods, DeKinney Waters Salt, John Young, Joseph Young, Roach Young, Thomas Young, Josiah Ridge, Peter Emory, Jumper, James, Misaeala, John Sekeekee, Sunday and James Oowano.

Captain Co. F Huckleberry Downing, First Lt. Andrew W. Robb. Privates: George Brush, Nightkiller, George Rooster, Avery Vann, Drinker Walkingstick, Washington Clay, Aaron, James Beanstick, John Coleman, Jesse Grass, Lacey Hawkins, Jumper, Johnson Jack, Joseph T. Glass, Twist, Waleeska Batt, Dave, John Duck, Nathaniel Ellis, Daniel Foster, James Harris, Squirrel Lowrey, Charles Timherlake, Oochalata, Charles Otter, Dirt Seller, Johnson Situwake, Wahachi and Thicket Baldridge.

Captain Co. G Maxwell Phillips, Second Lt. Carselowry Proctor, Orderly Sergeant Spencer S. Stephens. Privates: Henry Christy, Charles Walking-stick, Little Grimmett, Sold, Tieska Pritchett, Josiah Pigeon, John Walking-stick, Stand, Horace Broom, Runner Catcher, Richard Christy, Doctor, Alex Puppy, Benjamin Sanders, Johnson Shade, Turningabout, Bottom Water and Hawk Fourkiller.

Captain Co. H. Simon Snell, First Lt. Harmon Scott- Second Lt. Basil G. McCrea. Privates: Jackson Bird, Rider Foreman, Moses Sixkiller, Long Charley, Leaf, Youngwolf Sixkiller, Thomas Starr, Pheasant Tanner, Elijah-Crying Wolf, Johnson Geesky, George Hildebrand, Wasody Stop and Joseph Butler.

Captain Co. I. Whitecatcher, First Lt. Charles Brown, Second Lt. William Sunday. Privates: Stephen Spears, Silas Ross, George W. Ross, Allen Ross, Michael Hildebrand, John Smith, James Burns, James Shelton and John L. Springston.

Captain Co. K James Vann.

Captain Co. L Solomon Kaufman, First Lt. Redbird Sixkiller, Second Lt. Jules C. Cayot, Orderly Sergeant William H. Hendricks. Privates: Ezekial Proctor, James Chambers, Aaron Goingwolf, John Hendricks, Isaac Glass, William Hendricks Jr., Benjamin Haney, Jesse Bushyhead and Samuel Sixkiller. This was an artillery company.

Captain Co. M Henry S. Anderson.

Ft. Gibson was occupied on April 8, 1 863 by the First, Second and Third Indian Home Guards, four companies of Kansas cavalry and Hopkins battery, aggregating three thousand one hundred fifty men. They threw up some earthworks above the site of the old post and called it Fort Blount in honor of Major General James G. Blunt U. S. V., then in command of Kansas and Indian Territory. On May twentieth a sortie was made on the fort by a small detachment of Watie’s command, which captured all of the mules and most of the horses belonging to the garrison.

The battle of Honey Springs was fought on July seventeenth. The powder used by the confederates had been bought in Mexico and would hardly eject the bullet from the rifle and consequently they were defeated. Colonel Watie led an expedition to Tahlequah where he burned the capitol buildings on October 28th and on the following day he burned Chief Ross’ house at Park Hill.

It was the policy of both armies to place the supreme command with White men, on the theory that the Indian would not make a good general commander. During the earlier years of the war when conditions were more favorable. Generals Pike, Steele, Maxey and Cooper commanded the Indian Territory. After the tide of war had turned decidedly in favor of the Union, when Forts Smith and Gibson were in the hands of the federals Stand Watie was made a brigadier general of the confederate army and in command of the Cherokee brigade and practically independent of Brigadier General Cooper. On the fifteenth of June 1864 General Watie captured at Pheasants Bluff on Arkansas River the steamboat J. R. Williams, laden with supplies for Ft. Gibson. On September nineteenth he in conjunction with Brigadier General Richard M. Ganoe captured at Cabin Creek a military train of three hundred wagons, loaded with commissary supplies valued at over one million dollars, enroute from Ft. Scott, Kansas to Fort Gibson.

General Watie surrendered, by the following articles:

The Treaty.

“Treaty stipulations made and entered into this 23rd day of June 1865 near Doaksville Choctaw Nation between Sent. Colonel A. C. Mathews and W. H. Vance U. S. Vol. commissioners appointed by Major General Herron U. S. A. on part of the military authorities of the United States and Brig. General Stand Watie Governor and Principal Chief of that part of the Cherokee Nation lately allied with Confederate States in acts of hostilities against the Government of the United States as follows towit:

ARTICLE 1. All acts of hostilities on the part of both armies having ceased by virtue of a convention entered into on the 26th day of May 1865 between Major General E. R. S. Cantry U. S. A. comdg. Mil. Division West Miss, and General E. Kirby Smith C. S. A. Comdg. Trans. Miss Department The Indians of the Cherokee Nation here represented lately allied with the Confederate States in acts of hostilities against the Government of the United States.

“Do agree at once to return to their respective homes and there remain at peace with United States, and offer no indignities whatever against the whites or Indians of the various tribes who have been friendly to or engaged in the service of the United States during the war.

ARTICLE II. It is stipulated by the undersigned commissioners on

part of the United States, that so long as the Indians aforesaid observe the provisions of article first of this agreement, they shall be protected by the United States authorities in their person and property, not only from encroachment on the part of the whites, but also from the Indians who have been engaged in the service of the United States.

ARTICLE III. The above articles of agreement to remain and be in force and effect until the meeting of the Grand Council to meet at Armstrong Academy, Choctaw Nation on the 1st day of September A. D. 1865 and until such time as the proceedings of said Grand Council shall be ratified by the proper authorities both of the Cherokee Nation and the United States.

“In testimony whereof the said Lieut. Col. A. C. Mathews and adjutant W. H. Vance commissioners on part of the United States and Brig. General Stand Watie Governor and Principal Chief of the Cherokee Nation have hereunto set their hands and seals.

Signed.
A. C. Mathews, Sent. Col.
W. H. Vance. Adjr.
Commissioners.

Stand Watie Brig. Genl. Governor and Principal Chief Cherokee Nation.

The old agency site of the Arkansas Cherokees was sold by the federal Cherokee delegates:

Transfer of 3400 acres of land, more or less. Situated in Township 7 Range 21, State of Arkansas. Said land being the former agency and residue of the tract disposed of by Cherokees by treaty of 1828.

Know all men by these presents, that whereas the Cherokee Nation owns a tract of land in the state of Arkansas, known as the Cherokee reservation lying in township No. 7, range 21, west of the fifth principal meridian, and containing three thousand four hundred (3400) acres more or less and all which is occupied or claimed by squatters and others claiming title adverse to the said Nation, under color of various titles. And whereas it is provided by the 4th article of the treaty between the United States and the Cherokee Nation, of May 6th 1838 said tract shall be sold under the direction of the agent of the Cherokee Nation. And whereas the Cherokee Nation by its delegation hereto duly authorized have sold said lands to John Brown Wright, of the city of Washington, and have received in payment therefore the sum of five thousand dollars which they agree shall be applied by the Nation to the use named in said treaty and amendments thereto. Said sale having been made by direction and with the approval of Justin Harlin the agent appointed by the United States for the Cherokee Nation. Now there-fore the said Cherokee Nation by its delegation hereto fully authorized to do hereby request the Secretary of the Interior to cause a patent to be issued for the said John Brown Wright for the said land and do release the United States from all liability for said land or its proceed.

Witness our hands this l0th day of May A. D. 1866.

Daniel H. Ross, White Catcher, I. H. Benge, James McDaniel, Smith Christie, J. B. Jones.

City of Washington, District of Columbia. I, Justin Harlin agent of the United States for the Cherokee Nation do hereby approve of and consent to the above sale, which was made by my direction this tenth day of May 1866.

J. H. HARLIN, U. S. Indian Agent.



MLA Source Citation:

AccessGenealogy.com Indian Treaties Acts and Agreements. Web. AccessGenealogy.com. Web. 29 July 2014. http://www.accessgenealogy.com/native/treaty-of-august-6-1846.htm - Last updated on Feb 9th, 2013


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