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[Footnote 464: Toombs did not long hold the portfolio. Among the Pickett _Papers_, is a letter from Davis to Toombs, July 24, 1861, accepting with regret his resignation [Package 89].]

[Footnote 465: In evidence of this, note, in addition to the material published in Abel, _The American Indian as Slaveholder and Secessionist_, the following letters, the first from Robert Toombs to L.P. Walker, Secretary of War, dated Richmond, August 7, 1861; and the second from William M. Browne, Acting Secretary of State, to Walker, September 4, 1861:

1. "I have the honor to inform you that under a resolution of Congress, authorizing the President to send a Commissioner to the Indian tribes west of Arkansas and south of Kansas, Mr. Albert Pike of Arkansas was appointed such Commissioner under an autograph letter of the President giving him very large discretion as to the expenses of his mission. Subsequent to the adoption of the resolution, above named, Congress passed a law placing the Indian Affairs under the control of your Department and consequently making the expenses of Mr. Pike and all other Indian Agents, properly payable out of the appropriation at your disposal for the service of the Indian Bureau."--Pickett _Papers_, Package 106, Domestic Letters, Department of State, vol. i, p.86.

2. "The accompanying letters and reports from Commissioner Albert Pike addressed to your Department are respectfully referred to you, the affairs to which they relate being under your supervision and control."--Ibid., P-93.]

[Footnote 466: A re-transfer to the State Department was proposed as early as the next November [_Journal of the Congress of the Confederate States_, 489].]

[Footnote 467: President Davis recommended the creation of the bureau, March 12, 1861 [Richardson, _Messages and Papers of the Confederacy_, vol. i, p. 58: Journal of the Congress of the Confederate States, vol. i, p. 142]. On the sixteenth, he nominated David Hubbard of Alabama for commissioner [Pickett Papers, Package 88]. The bill for the creation of the bureau of Indian Affairs was signed the selfsame day [Journal, vol. i, 151]. S.S. Scott became Acting Commissioner of Indian Affairs before the year was out.]

[Footnote 468: The preliminaries of the negotiations with the Indians have not been enumerated here, although they might well have been. On the twentieth of February, 1861, W.P. Chilton of Alabama offered a resolution to inquire into the expediency of opening negotiations [_Journal_, vol. i, 70]. March 4, Toombs urged that a special agent be sent and offered a resolution to that effect [Ibid., 105]. The day following, Congress passed the resolution [Ibid., 107]: but left the powers and duties of the special agent, or commissioner, undefined. Davis appointed Pike to the position and, after Congress had expressed its wishes regarding the mission in the act of May 21, 1861, had a copy of the act transmitted to him as his instructions [Richardson, vol. i, 149. I learn, only some fifteen, and he has had them for some time in the service.

I also appointed a person named McKuska, formerly a soldier, to take charge of what further property remained at Fort Cobb, and employed another person to assist him, agreeing that the former should be paid as Ordnance Sergeant, and the latter as private; and directing the Contractor for the Indians to issue to the former two rations, and to the latter one.

In consequence of the collection of some force of disaffected Creeks and others, and an apprehended attack by them, Col. Douglas H. Cooper called for troops from all the Nations, and I understand that several companies were organized and marched to join his regiment. I think they are still in the service.

I am now empowered to receive all the Indians who offer to enter the service. To induce them to enlist, what is already owing them must be paid; and I earnestly hope that Congress will pass the bill introduced for that purpose. Respectfully your obedient servant

Albert Pike, _Brig. Genl Commd Dept of Ind. Terr'y_. Hon. W. Miles, Chairman Com. on Mil. Affs.

[War Department, Office of the Adjutant-General, Archives Division, _Confederate Records_.]]

[Footnote 469: Journal, vol. i, 650, 743, 761. The Confederate government took, in the main, a just, reasonable, and even charitable view on the subject of the assumption of United States obligations. Pike had exceeded his instructions in promising the Indians that monetary obligations would be so assumed. See his letter to Randolph, June 30, 1862.]

[Footnote 470: This matter went over into the regular Congress, which began its work, February 18, 1862. For details of the bill for pensions see _Journal_, vol. i, 43, 79.]

[Footnote 471: "_The Congress of the Confederate States of America do enact_, That the President of the Confederate States be authorized to present to Hemha Micco, or John Jumper, a commission, conferring upon him the honorary title of Lieutenant Colonel of the army of the Confederate States, but without creating or imposing the duties of actual service or command, or pay, as a complimentary mark of honor, and a token of good will and confidence in his friendship, good faith, and loyalty to this government...."--_Statutes at Large of the Provisional Government_, 284.]

[Footnote 472: Quite early a resolution was submitted that had in view "the appointment of agents to the different tribes of Indians occupying territory adjoining this Confederacy..." [_Journal_, vol. i, 81.]]

[Footnote 473: _Journal_, vol. i, 245.]

[Footnote 474: Pike was not prepared beforehand for so extended a mission. In November, he wrote to Benjamin, notifying him that he was enclosing "an account in blank for my services as commissioner to the Indian nations west of Arkansas.

"It was not my intention to accept any remuneration, but the great length of time during which I found it necessary to remain in the Indian Country caused me such losses and so interfered with my business that I am constrained unwillingly to present this account. I leave it to the President or to Congress to fix the sum that shall be paid me...."--Pike to Benjamin, November 25, 1861, Pickett _Papers_, Package 118.]

[Footnote 475: _Journal_, vol. i, 640, 672, 743.]

[Footnote 476:--Ibid., vol. ii, 19.]

[Footnote 477: The Committee on Indian Affairs, at the time, consisted of Johnson, chairman, Clement C. Clay of Alabama, Williamson S. Oldham of Texas, R.L.Y. Payton of Missouri, and W.E. Simms of Kentucky.]

[Footnote 478: _Journal_, vol. ii, 51-52.]

[Footnote 479: _Journal_, vol. v, 47.]

[Footnote 480:--Ibid., 210.]

[Footnote 481: The Confederacy, as a matter of fact, never did keep its promise regarding the establishment of a judiciary in Indian Territory. Note Commissioner Scott's remarks in criticism, December i, 1864 [_Official Records_, vol. xli, part iv, 1088-1089].]

[Footnote 482: The regulations referred to can be found in _Confederate Records_, chap. 7, no. 48.]

[Footnote 483: _Official Records_, vol. xiii, 871-874.]

[Footnote 484: In his message of August 18, 1862 [Richardson, vol. i, 238], President Davis remarked upon the vacancies in these offices and said that, in consequence of them, delays had occurred in the payment of annuities and allowances to which the Indians were entitled.]

[Footnote 485: _Official Records_, vol. liii, supplement, 821.]

[Footnote 486: War Department, _Confederate Records, Special Orders of the Adjutant and Inspector General's Office_, C.S.A., 1862, p. 438; _Official Records_, vol. xiii, 885.]

[Footnote 487: See document of date, October 7, 1861, signed by Douglas H. Cooper, certifying that Robert M. Jones had received the "greatest number of votes cast" as delegate in Congress for the Choctaws and Chickasaws [Pickett _Papers_, Package 118].]

[Footnote 488: _Journal_, vol. v, 513, 514.]

[Footnote 489:--Ibid., vol. ii, 452, 457, 480; vol. v, 514, 523, 561.]

[Footnote 490: Davis had thrown the responsibility of the whole matter upon Congress, when he insisted that the "delegate" clauses in the treaties should be so modified as to make the admission of the Indians dependent, not upon the treaty-making power, but upon the legislative. See his message of December 12, 1861, Richardson, vol. i, 149-151.]

[Footnote 491: Elias Rector, who had been retained as superintendent under the Confederate government, seems never to have exercised the functions of the office subsequent to the assumption by Pike of his duties as commander of the Department of Indian Territory. He was probably envious of Pike and resigned rather than serve in a subordinate capacity. He seems to have made some troube for Pike [_Official Records_, vol. xiii, 964, 976].]

[Footnote 492:--Ibid., 906, 908, 910-911, 927-928.]

[Footnote 493: _Official Records_, vol. xiii, 868.]

[Footnote 494: _Official Records_, vol. liii, supplement, 828.]

[Footnote 495: On the murder of Agent Leeper, see Scott to Holmes, November 2, 1862, _Official Records_, vol. xiii, 919-921; Holmes to Secretary of War, November 15, 1862, Ibid., 919: F. Johnson to Dole, January 20, 1863, Abel, _American Indian as Slaveholder and Secessionist_, 329-330, _footnote_; Moore, _Rebellion Record_, vol. vi, 6; W.F. Cady to Cox, February 16, 1870, Indian Office _Report Book_, no. 19, 186-188; Coffin to Dole, September 24, 1863, Commissioner of Indian Affairs, _Report_, 1863, 177.]

[Footnote 496: S.S. Scott asked permission of Governor Winchester Colbert, November 10, 1862, to place the fugitive Tonkawas "temporarily on Rocky or Clear Creek, near the road leading from Fort Washita to Arbuckle." Colbert granted the permission, "provided they are subject to the laws of the Chickasaw Nation, and will furnish guides to the Home Guards and the Chickasaw Battalion, when called upon to do so."]