Protest of the Loyal Cherokees, American Civil War

Date: 8 Sep 1865 [unknown]
Location: Fort Smith, Arkansas, United States

Surnames/tags: US_Civil_War Cherokee

Profile manager: Brenda Breland Shaffer

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1 Background
2 Indian Council
3 Sources

Background

According to historical accounts, during the Civil War the Cherokee were divided into two factions, one that supported STAND WAITE and the Confederacy, and one that supported the views of then Chief JOHN ROSS, the pro-Union - Loyal Cherokees.

Indian Council

After the Civil War, an Indian Council of several tribes and nations was called by the commissioner of Indian affairs, D. N. COOLEY, at Fort Smith Arkansas on 8 Sept 1865. In his opening speech he stated:

"Portions of several tribes and nations have attempted to throw off their allegiance to the United States, and have made treaty stipulations with the enemies of the government, and have been in open war with those who remained loyal and true, and at war with the United States. All such have rightfully forfeited all annuities and interests in the lands in the Indian territory. But with the return of peace, after subduing and punishing severely in battle those who caused the rebellion, the President is willing to hear his erring children in extenuation of their great crime. He has authorized us to make new treaties with such nations and tribes as are willing to be at peace among, themselves and with the United States."

The Cherokees were accused for their treaty on 7 Oct 1861 with the so-called Confederate States.^[1] COOLEY then offered to hear anything the delegates wished to say in reply.

On the third day of the Council, H. D. REESE, responded for the Cherokee delegation:

"As the entire delegation could not get across the river to attend the council this morning, they had dupted [deputed] two to present the address of the delegation, in reply to the Saturday address of the commissions. Also, that although he had no hand in the preparation of the document, he approved of the sentiment and spirit of the same.'^[2] REESE then read the following paper:

Protest

The Cherokee delegation have already shown that they at this time are not authorized by their nation to make or sign a treaty, and we have also assured the honorable commissioners that whatever subjects are brought before us will be promptly reported to our national council and people. Our attention now is particularly drawn to that part of your 'talk' of Saturday, in which, in enumerating the various tribes who have made treaties with the so-called Confederate States, and who thereby have forfeited lands, annuities and protection; the Cherokees are included, and this according to a law of Congress of July 5, 1862. With all respect for the 'powers that be,' we earnestly plead 'not guilty;' that we are not, have not been, bona fide rebels; that if, through the dire necessities of the times, we were compelled to commit an overt act, in which our only object was to gain time and to save the lives of ourselves and families, the sin does not lie at our door. We do not believe that we will be condemned without a hearing. Our treaties, from that of Hopewell in 1785 to that of Washington in 1846, all guarantee to us protection in these words: 'The United States agree to protect the Cherokee nation from domestic strife and foreign enemies, and against intestine wars between the several tribes.

It is needless at this time to describe in detail our situation in the spring and summer of 1861. Suffice it to say that we were threatened with an invasion from Texas, received hostile communications from the authorities and citizens of our neighbor Arkansas. Treaties had already been formed with the tribes all around us. The military posts of Forts Smith, Gibson, Arbuckle and Washita were evacuated. They had already been abandoned previously and at the commencement of the rebellion there was no rallying point within reasonable distance at which 'loyalty to the Union' could find security. That solemn guarantee of protection stipulated in our treaties was to us a dead letter. There was not only danger but a strong probability of annihilation. Shall we be condemned if, in this hour of darkness, gloom and intense anxiety, we should have adopted the only means that we could see to escape? The plan was proposed and agreed to that our tribe should seemingly acquiesce in the policy of the Confederate States—that we should make that treaty that lies on your table. But it was clearly, distinctly understood that as soon as safe opportunity offered, and we could act as free moral agents, act out our true sentiments and feelings, we would fly to our Father's house.

If a lonely, unarmed traveler is beset on the highway by ruffians with daggers, he is willing to make any concessions, any promises—he is willing to sign any check on his banker for money, in order to escape. But, escaping to a place of safety, he has undoubtedly the right to repudiate all and every promise he may have made in the premises. We were that lone traveller. But, escaping to a place of safety, we at once in emphatic terms denied the binding force of that instrument by passing an act of repudiation, and also an act emancipating all slaves within our jurisdiction. We say that it was clearly and distinctly understood by us that as soon as the safe opportunity offered we would return to what we claimed to be our true allegiance, return to the waving of the stars and stripes.

We made the attempt within three short months after making that treaty, at the battle of the Verdigris, in which six companies of Colonel Drew's regiment fought Colonel Cooper and drove him from the ground. The plan was not well concerted—we failed. We tried to find an opening at the battle of Pea Ridge—we failed. And not until June, 1862, when Colonel Weer came in force on the west side of Grand River, did we find the opportunity long desired and sought. Colonel Weer received us kindly. We organized two regiments immediately, of over twenty-two hundred men, and went into the service for three years or during the war. We have engaged the enemy wherever found. We have endured the toils, privations and hazards of the war, patiently, courageously; have at all times been obedient to orders, until regularly and honorably discharged the 31st of May, 1865. We have participated in the battles of Spring River, Newtonia, Maysville, Cane Hill, Prairie Grove, Cabin Creek, twice, Fort Gibson, Honey Springs and Green Leaf. One-third of our men are dead. We do not bring up these things in the spirit of boasting, but to show that we are in earnest; that we considered that under the folds of the glorious flag of the Union was our home, and that we, as well as your people, would lay down our lives to defend it.

In conclusion we refer you to the proclamation of Mr. ROSS, dated 27th of May, 1861, defining our real position, to which course we held on up to the last moment. But if the fiat has gone forth; if this law of Congress of July, 1862, is like unto the laws of the Medes and Persians, it is useless for us at this hour to waste words. We thank you for your kind attention." ^[3]

Vote

On the Seventh day of the Council, a draft of the treaty of peace and amity was presented for the delegate to attach their names. For the Cherokee delegation,

COLONEL REESE, of that delegation, then said: "The Cherokee delegation are willing to sign that treaty, but in so doing do not acknowledge that they have forfeited their rights and privileges to annuities and lands, for the loyal Cherokees are not guilty; therefore, we wish to sign that treaty under the following statement:"

"We, the loyal Cherokee delegation, acknowledge the execution of the treaty of October 7 1861; but we solemnly declare that the execution of the treaty was procured by the coercion of the rebel army."^[4]

Cherokee Delegation

Indian Council^[5]	Served Indian Home Guards^[6]
Kah-sah-nie, Smith Christie.	3rd Regiment, Indian Home Guards, Kansas Infantry
Ah-yes-takie, Thomas Pegg.	3rd Regiment, Indian Home Guards, Kansas Infantry
Oo-nee-na-kah-ah-nah-ee, White Catcher.	3rd Regiment, Indian Home Guards, Kansas Infantry
Cha-loo-kie, Fox Flute.
Da-wee-oo-sal-chut-tee, David Rowe.
A h-tah-lah-ka-no-skee-skee, Nathan Fish.	3rd Regiment, Co. C, Indian Home Guards, Kansas^[7]
Koo-nah-vah, W. B. Downing.
Ta-la-la.
Oo-too-lah, ta-neh, Charles Conrad.	3rd Regiment, Co. C, Indian Home Guards^[8]
Ooda-what-tee, Samuel Smith.	2nd Regiment, Indian Home Guards, Kansas
Tah-skee-kee-tee-hee, Jesse Baldridge.	3rd Regiment, Indian Home Guards, Kansas Infantry
Suu-kee, Mink Downing.	3rd Regiment, Indian Home Guards, Kansas Infantry
Chee-chee.
Tee-coa-le-to-ske, H. D. Reese.
Colonel Lewis Downing, acting and assistant principal chief	3rd Regiment, Indian Home Guards, Kansas Infantry

[It is important to remember that at the outbreak of the war, some Cherokee initially served under the Confederacy, and later joined the Union Indian Home Guards. Service information for individuals is still being researched as of 25 Apr 2020. Please add links to your ancestors' profiles or managed profiles.]

Sources

↑ United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1865 ([1865]), Southern superintendency, page 313, No. 106, Digital Images: Libraries University of Wisconsin-Madison http://digicoll.library.wisc.edu/cgi-bin/History/History-idx?type=turn&entity=History.AnnRep65a.p0316&id=History.AnnRep65a&isize=M
↑ United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1865 ([1865]), Southern superintendency, page 322, 323, No. 106, Digital Images: Libraries University of Wisconsin-Madison page 322
↑ United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1865 ([1865]), Southern superintendency, page 322, 323, No. 106, Digital Images: Libraries University of Wisconsin-Madison page 322
↑ United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1865 ([1865]), Southern superintendency, page 335, 336
↑ Annual report of the commissioner of Indian affairs, for the year 1865 ([1865]), Southern superintendency, page 313
↑ National Park Service, The Civil War Soldiers and Sailors System, Indian Home Guard, (accessed 24 Apr 2020)
↑ Organization Index to Pension Files of Veterans Who Served Between 1861 and 1900. Content Source: The National Archives, Publication Number: T289 Nara Catalog Id: 2588825: Indian Territory, Name: Fish, Nathaniel, Date:, 7 Jul 1890, Arm of Service: Home Guards, Regiment: 3, Company: C, State/arm of service: Ind. T. H. G. Inf. Company/regiment: C,3, Roll Number: 130. Digital images: Fold3.com
↑ Organization Index to Pension Files of Veterans Who Served Between 1861 and 1900. Content Source: The National Archives, Publication Number: T289 Nara Catalog Id: 2588825: Indian Territory, Name: Oo-too-la-ta-nah, Date: 5 Aug 1890, Arm of Service: Home Guards, Regiment: 3, Company: C, State/arm of service: Ind. T. H. G. Inf. Company/regiment: C,3 Roll Number: 130 - Application filing 5 Aug 1890, Application #475832, Cert 361010. Digital images: Fold3.com