A Tour of Indian Agencies in Kansas and the Indian Territory in 1870, 2

by William Nicholson

November 1934 (Vol. 3, No. 4), pages 3439 to 384
Transcribed by lhn; additional HTML by Susan Stafford;
digitized with permission of the Kansas Historical Society.

CONCLUSION

[Shawnee Reservation]

11 mo 19-
LEFT the Sac & Fox Agency & went Southward towards the North Fork of the Canadian- Reached the river at sunset after a drive about 6 hours over a good rood except one or two quicksandy creeks-the last 15 miles was mostly prairie

The crossing is 30 miles a little west of South, from Sac & Fox, Agency River about 120 ft wide & at present 4 1/2 feet deep Samuel Charley a Shawnee has some fine corn here & had two wagons loaded with it & ready to cross the river- Some other Shawnees had been hunting their hogs & had got down to the Stream. They drove 6 or 8 of them into the river & Swam them across-But some others were refractory & refused to go into the water- So with the aid of dogs they caught them & putting their lariatte ropes around behind their forelegs & mounting their ponies they pulled the hogs into the water, holding them up so they would not drown- The dogs swam along to see it well done.

We reached the house of John White a mile beyond the river, about dark & he said we could stay with him- He is a sort of Chief amongst these Absentee Shawnees who live in this vicinity & Black Beaver a chief of the Delawares at Wichita- He is now very sick

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

66 now there & 175 coming from Kansas- 100 on Bird Creek
John White - Samuel Charley - Joseph Ellis. Robert Deer - William Shawnee

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

These Shawnees mostly speak some English and cultivate the soil to some extent- They have horses, cattle, hogs &c- Their houses are rudely constructed and unfinished as they had nearly all their buildings destroyed in the war & they have not yet recovered from their losses- They have claims upon the Government for

344 THE KANSAS HISTORICAL QUARTERLY

these losses ($250,000) & Major Voir, a Secretary of the Grand Council, is acting as their agent in endeavoring to secure these claims

Agent Miller of Sac & Foxes who has care of these Indians has recently been down here taking their census & looking into the matter of their losses- John White lost 200 cattle & 43 horses & others in proportion- These people came here a long time ago- some from about St Louis and have been constantly improving until the war devastated them- They left their homes & went to Kansas for protection- they being loyal and because of their being absent their property was destroyed- Their cattle were probably stolen by army contractors & sold to the Government-on one side or the other- Supt Hoag suggests that they should have $200 out of the $60,000 fund for their smith work to be paid to the Blacksmith & Gun Smith of the Sac & Fox agency- E. Earle & myself coincide and feel that they need two good schools at once

11 mo 20
Left John White's at 9 o'clock and traveled over rough & mostly timbered road for 10 miles in a direction a little west of south to a settlement of Shawnees a mile or two north of Little River- Here with a Shawnee for a guide we turned west & a little Northwest first through timber & then through marshy Prairie for 5 or 6 miles where we crossed the Little River & camped for dinner upon its southern bank & our guide went back- It is a narrow stream here- perhaps 30 ft wide-about 4 feet deep & very steep banks- We then went North West for about 5 miles & came again to the South bank of what we suppose was the same stream & followed the bottom in a westward & south westward direction for about 3 miles & then crossed to its north bank & went still south westward for about 4 miles when we camped for the night. We passed an encampment of Shawnees where we saw many deerskin hanging in the trees & met the Indians not far off- They were out merely to get skins

At 9 o'clock we read the 4th of Hebrews as we sat under our tent before the warm camp fire & had a solemn devotional peace in which my heart was tendered to tears in secret prayer for my dear ones at home & especially for Bro Josiah's children-thinking it most likely from what I last heard, that their dear mother had before this passed to her heavenly rest.

NICHOLSON: TOUR OF INDIAN AGENCIES 345

11 mo 21-
Beautiful, clear cold morning- ground crusted &c left about 8 o'clock & went in a westward direction about 8 miles & came down to the Canadian River, at an old trading post now deserted, & at a creek which we crossed near where it enters the Canadian here we came into the road leading up from the old Seminole Agency & were soon joined by one which we suppose came from a ford of the Canadian tho we did not go down to the bank. We saw a road on the Southern bank which seemed to lead over the hills in a South western direction- We here turned N. West & traveled about 10 or 12 miles & came to an old deserted trading post near a creek where the road forked & we stopped for dinner. Then about 8 miles further we came to another creek with a bad crossing, where was once a bridge, but it was broken down- we rode 12 or 14 miles further & camped near a creek- Our general course has been nearly north but slightly west of north very little timber-poor prairie some buffalo grass- we have seen 10 deer- 4 wolves & E. H. killed one prairie hen today.

We have not seen a human being today- Weather clear & this forenoon a very cold wind nearly facing us-but afternoon very pleasant-The creeks which we have crossed this afternoon have run towards the north Fork of the Canadian-Camped & rested pretty well.

11 mo 22--Left about 8 and quickly came upon several flocks of wild turkeys -from 10 to 12 in each- E. H & Cyrus each killed one- in a mile or two we came to a deep large stream, which we suppose to be the North Fork of the Canadian- We crossed it and traveled all day in a North west direction going probably 35 miles or 40--We crossed some rapid streams with very steep banks. The water was not deep but there were evidences in the drift that one of these sometimes rises 20 feet above its present level- These creeks & very many ravines were very bad to cross- Near night E. H. sat in the carriage & killed a prairie chicken & as we approached some timber to look for a camping place we found turkeys perched in the trees- The streams this afternoon run in a North Eastern direction as though they are branches of the Red Fork of the Arkansaw- The waters must be very red during a freshet as indicated by the land and by the water stains upon the trees- The ground is very barren-& as our Corn is exhausted it is really a hard time for our horses- There is very little grass & that is mostly dry

346 THE KANSAS HISTORICAL QUARTERLY

We are greatly blessed with good dry weather though it is quite cool- We think we have missed the right road to the Cheyenne Agency-but have not seen a single human being today- We passed a Prairiedog village this afternoon- Had a pretty comfortable night altho the wind blew so hard before morning that we thought our tent likely to blow over.

[Cheyenne and Arapaho Agency]

11 mo. 23-
Cyrus killed another turkey this morning- We started at 8 o clock & in an hour or two came in sight of water some miles away -& finally reached it & crossed it. I suppose we traveled about 8 miles & we concluded it must be Red Fork- we went on a few miles further & came in sight of a wagon moving southward, (we moving N. West & soon found that we were approaching the road leading from Wichita, Kansas to the Cheyenne Agency and the wagon men soon relieved us of our uncertainty & by some persuasion we secured a few oats for our horses- We fed them, recrossed the Red Fork, a few miles above where we had just crossed it & went on over a very good road for 30 miles & reached the Cheyenne & Arapahoe Agency about 6 o'clock- & found comfortable quarters at Agent Darlington's- We are blessed with good health and I trust are thankful for our many favors

After sunset we saw some turkeys about a hundred yards from the road perched in trees & Cyrus killed two at one shot. He & Enoch saw a large buck in the morning when they went to get the horses as they were lariatted some distance from our tent in the best grass that could be found- Our horses held out nobly for all they had so little to eat for the last two days- We now suppose that the deep stream we passed yesterday about 8 or 10 miles beyond North Fork of the Canadian was Chisholm's Creek, a branch of the Red Fork or sometimes called Cimarone River (More probably it was the head of Deep Fork)

11 mo-24
Blessed with refreshing sleep- It being thanksgiving day, the employees of the Government are released from duty and so Agent Darlington proposed a meeting

We were willing & at 10 1/2 we met a considerable company & I think we found it a profitable opportunity- I spoke upon thanksgiving as the duty & privilege of Christians, but that no acts of thanksgiving are valueless unless they are the outspringing of a right

NICHOLSON: TOUR OF INDIAN AGENCIES 347

state of mind- That we must come to a proper appreciation of our Heavenly Father's mercies and avail ourselves of his kindness through Christ Jesus before we can be truly thankful- & when we do avail ourselves of the offers of his love, we shall give up our wills to His- give him the preference trust Him- believe his truth believe what the Bible says not a part only but all- & accepting the truth of our fallen nature we come to true repentance & desire for deliverance from both the guilt & the dominion of sin through our Lord Jesus Christ &c. &c. & then followed in exhortation & then in prayer for ability to see ourselves as we are & to be delivered from all sin & prepared for heaven while we live here &c. &c. Edward Earle then spoke & then E. Hoag followed, all in good spirit & to good purpose

In afternoon we held a council with Bigmouth, White Crow & Yellow Horse, three Arapahoe Chiefs who want to follow the white man's road & to live in peace- They are represented by agent Darlington as very good men They plead for help and encouragement. They say that their own people & the Kiowas & Comanches are opposed to their following the ways of white people & talk about them very much They say that much has been promised to be done for those Indians who would settle down & they are now as much settled as possible and want some help in getting things arranged

They want chickens, and plows & wagons & cooking utensils &c White Crow's son was found dead last summer and it was supposed that some Osages who left the place about that time had murdered him and so the Arapahoes talked of making war upon the Osages--But upon consultation White Crow said that if they succeeded in killing some of the Osages, it would not bring his boy to life again and that he desired them to refrain from war- that if he could forgive the Osages and bury the whole matter & live in peace, he thought his people ought to be willing to do the same- This seems remarkable for an Indian- Can white men who profess Christianity show more of the Christian spirit

Brinton Darlington Agent
Jesse Townsend Elma Townsend Soninlaw & daughter of Agt
Jos. Jon Hoag Israel & Ruth Negus John Williams, Blacksmith
Dr. [omission] Henley- John Smith Interpreter-Menimic-Head Cheyenne Chief
Powder Face Arapahoe chiefs
Left Hand

348 THE KANSAS HISTORICAL QUARTERLY

These Indians suffer some from Intermittents when confined near the Agency- But are healthier when upon the hunt- The Cheyennes are a strong healthy people- The Arapahoes are much affected with Syphilitic affections-mostly secondary. Their women are muscular and suffer very little in childbirth- They bury the best clothing, bows & arrows & some food with the dead & kill the best horse at the grave- that they may have every thing ready for their journey at the resurrection- They believe in. a happy place for the good & an evil place for the bad- They are Monotheists-and when they feel badly or are in distress they offer their own blood in sacrifice, cutting their bodies--

Red Moon, Little Bear, Lean Bear, Good Bear & Bear's Tongue

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Arapahoe head men

Head men of Cheyennes

(When a man will not take advice the Indian expression is- "He has no ears.")

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

The bands of all the above chiefs have been in & drawn rations at the Agency since leaving for their Fall hunt notwithstanding Col. Nelson's statement to the War Department, that they would never return- They include the entire tribes of Cheyenne & Arapahoes.

Little Heart-a Kiowa Chief

Apaches- Tracy

Big Mouth, Arapahoe, commanded the Indian troop which slaughtered Major Elliott & his command, perhaps the day after Black Kettle's Camp was destroyed- Big Mouth has Major Elliott's horse yet.

NICHOLSON: TOUR OF INDIAN AGENCIES 349

11 mo. 26th
Fine cool weather- Council with some Cheyenne Chiefs- Red Moon did the speaking Said the whole Cheyenne tribe was bound to the peace by what had been said- That they will use all their influence for peace- Complains of the prohibition of Ammunition- do not want it for any evil purposes but to kill small game- That the prohibition gives some of their men the idea that the object of the Government is to disarm them & make them weak so it can easily destroy them- They do not want to be confined to a small reservation- want the privilege of hunting and moving around- Do not like to be prohibited from going into Camp Supply- Do not want Railroads to come through their country- for then bad white men will come in as they did in the Smoky Hill Country & drive the Indian out [Wichita Agency]

Left at 97/2 for Wichita Agency- Crossed the Big Canadian at 12 o clock but Brinton Darlington & J. J. Hoag being in Company & stopping to let their horses drink the wheels settled in the mud & when the horses started the Doubletrees broke & it was quite a job to get the Ambulance out of the Quicksand- this river is i/8 of a mile wide but does not seem to have any more water in it than the North Fork which is not more than 100 feet wide- neither stream seems to have as much water here as they do above it seems to sink away in the Sand- So also of the Arkansaw & may be the sources of springs in some lower country many miles away- These Sandy bottoms are very treacherous & it is not safe for a team to stop in crossing- The quicker you cross the better- Going on 8 or 10 miles further we came to a fine valley which gradually winds south ward to the Washita River but we found some dangerous places in it- One of our wheels horses suddenly sunk in the mud and the wheels on one side of the Ambulance went to the hub- We loosened the horses as soon as possible and then by fastening two of them to the end of the pole and digging with the Spade in front of the wheels we succeeded with difficulty in extricating it- We crossed Sugar Creek about dark & arrived at Shirley's trading post at 8 o'clock- We got some supper here and the privilege of spreading our robes & blankets on the floor

There were some men there working for Shirly & Agent Richards & they had a man to cook for them & he kindly offered to prepare supper for us- Agent Richards has gone to Lawrence & his Indians

350 THE KANSAS HISTORICAL QUARTERLY

are upon the hunt- his house is partly built & is located 3/4 of a mile N. W. of the trading post which is close to the falls of Washita River- 2 [?] ft of fall

[Kiowa and Comanche Agency]

11 mo. 27-
After Breakfast B. Darlington proposed to have the men of this place collected & read in the Bible before we leave- I went out & asked them if they were willing to come in- They readily assented & about a dozen gathered in-all that were there. E. H. proposed 55th of Isaiah- I read it & then after a pause spoke from our Savior text--"Repent ye & believe the Gospel," explaining the nature of repentance-That it was not simply a sorrow for one sin, or. for many sins, but an earnest desire & purpose also to turn from & be delivered from all sin-both its guilt & its power- that the invitation is to all-Every one- that our being exhorted to seek the Lord whilst he may be found intimates that there is a time when he cannot be found &c. &c-Then soon followed in prayer that as in mercy we were preserved unto this day, He would put into our hearts the desire to be made wholly his- to follow him to give our wills to him- & thus to be made partakers of his love & mercy here & hereafter &c

We then started on our journey saw Mt Scott in the south- dined at the Cache Creek & bearing around to the East & South East of the Wichita mountains we came to Medicine Lodge Cr which joins Cache Cr at Ft Sill which we reached at Sunset & passed on a mile further to the Agency & were kindly entertained by Laurie Tatum- Most of the Indians are upon the hunt. Their annuity goods are not here- Left Ft Harker 7th & may be two months on the road (350 miles) ox team probably

The treaty provides for the goods to be delivered on 15th of 10 mo- just when the Indians need them as their clothing is then much worn.[9] After this time when the Indians are getting good robes they do not so much need their clothing- Robes $10. best

The annuity gds are transported by the military & they have so much to do of their own that it is always very late before they reach

NICHOLSON: TOUR OF INDIAN AGENCIES 351

the Indians goods- It would be better for the Interior department to do its own freighting for it has to pay for it any way & is so much longer about it-The Military ordered the man of whom they bought beef to turn the whole amount contracted for at one time- The contract had bound him to deliver a few at a time as they were wanted at 2 3/8 cts gross - But as he turned over the entire amount (4000 head) at once, it has cost $15000 to herd them- The Indians get so much buffalo that they do not want much beef- The trader did not gain the whole $15000 because he had to be in a hurry to fill his contract & he would not have bought the whole at once & so would not have been at the entire expense of herding

Little Heart, the Kiowa Chief who is said to have killed the Mexican at Camp Supply on the night of about 29 or 30 of 6 mo. has recently died-out upon the plains-

11 mo-28th
Cloudy morning-&c

Nearly all the bands of these Indians have been engaged in raiding this year and quite a number of the Wichitas & affiliated bands-The Qua-ha-dee or Roving Comanches have never come in upon the reservation- never draw rations & declare that they never will come in. This band is a nucleus- Its size is very variable depending upon how many of other bands may join them temporarily for raiding purposes- thus the blame is thrown upon the Qua ha dees when in reality it is mostly members of other bands.

The Mexican influence is also very bad- Many Mexicans are amongst them as Indians- They go down into Mexico and get guns & ammunition and tell the Indians that they have a great Father in their country as big as the one at Washington and much kinder to the Indian because he will let them have all the ammunition &c they can buy and does not care how much they raid upon the Texans

The Wild Apaches of New Mexico now camped on Head Waters of Brazos are coming amongst these Indians, as the Government is fighting them there and that is an additional reason for solicitude & of probable future trouble

The Comanches 10 years ago were in Texas and farming and herding to a considerable extent But the Texans drove them from the country & killed their Agent upon his return- The Indians will not forget all this- They laugh at the Kiowas & Apaches and call them cowards and women & in this way they induce them to join their raids- They moreover say that when they are quiet the

352 THE KANSAS HISTORICAL QUARTERLY

Government does not do much for them, but when they go to war then they are well treated & have many presents Say they can always tell when they will have an abundance of presents & when they will have very few- Very many of them were sick last year & died & they thought they must kill some body for that also- They complain that the Government shows a want of confidence in them

In regard to the beef contract, which Col. Lee ordered to be closed at once, on 1st of 7 mo when the Commissary was turned over to Agent Tatum, a few were selected and weighed & the others estimated by the weight of these- One lot was appraised by two men one of whom was selected by Agent Tatum & the other by the man who sold the cattle & the other lot was appraised by two military men who were considered to be good judges About 1000 head were sold to the Cheyenne & Arapahoe Agency- Another thousand have been used here- & there are about 2000 now on hand- There is a regular account kept with the mill & the product of the mill in toll is applied for any expenses which may be necessary about the mill or house-a full account being kept, but not put upon the department books, because it would have to go upon the property return & would give much more trouble- The wheat is ground and sold to the Military for horse feed-as there are no flour mill or bolt. There are about 800 bushels & sold at $3.00 (5 cts pr lb) There is also a fair crop of corn-but this will be necessary to feed the mules

The rations turned over to L. Tatum by N. D. Badgeon 11 mo 1869- which had apparently been issued, were sold for over $4466 and entered upon his books and applied for the benefit of the Indians as is clearly shown by his books in the office- The house Built by Col Boone for an Agency is turned into a farmer's house because it is too far away across the Creek for the Agent's house & is just where it is wanted for a farmer's house- It is adobe & no rock at the bottom- & he has built an Agent's house out of the money appropriated for the putting up of houses for employees & built it where it is much more convenient- These matters all seem to be entirely correct although upon the department reports they are not exhibited.

11 mo- 29
Edward Earle & myself have examined carefully the books & accounts of Agent Tatum and we do not discover anything that is not entirely correct and straightforward- He believes that he will

NICHOLSON: TOUR OF INDIAN AGENCIES 353

have ample funds for all his estimates of the current fiscal year- There is a balance of the $20,000 appropriation not yet expended, amounting to over $6000-some of which he wishes to be used for educational purposes & some for assisting in erecting houses for chiefs &c. &c.

Charles Ehresman Interpreter for Kiowas Comanches & Apaches

Kiowa Chiefs
Lone Wolf
Kicking Bird
Tumbling Bird

Pacer-Apache

Lone Wolf complains of the witholding of ammunition- thinks it because the government wants to take the advantage of them complains of Gen Nelson's driving them away from the vicinity of Camp Supply- said they went there because they were so sickly near the Agency and that is why they gave up farming-- they thought something was wrong or else they would not be sick & die & so they wanted to try their old way of living again- Complains that their annuity goods had not come & wants E. H to give them some presents- that their women are naked & they want tobacco blankets and kettles & a great many other things complains that the Texans kill so many of them that they want to kill some Texans also- Again & again he calls for powder & lead thinks we are big enough chiefs to give them a little to go hunting has been waiting two days to see us & when he heard last night that we had come, they were all so glad they could not sleep that we were all big Captains from Washington and he thought we might give them a little for killing birds, turkeys deer & buffalo &c

300 Apaches
1896 Kiowas
2742 Comanches
1000 Quahadas--

Lone Wolf says that none of the Kiowas will go- & none of the Apaches to the Grand Council He will not talk about anything but ammunition He says if they go to the Council all their words will fall to the ground- the white people won't pay any attention to them Then they persistently demand presents of clothing &c &c-E. H offered them tobacco & apples- they said they did not want them they wanted clothes & thought he might go to the traders & buy some- E. H. told him he did not have money- They said he might go to the trader's & borrow some & pay the trader when the annuity goods came- that they did not expect

354 THE KANSAS HISTORICAL QUARTERLY

the goods would be here until winter was over or summer had come& they said it is cold now & they want goods now They have always been used to have big chiefs give them something when they come. They think it strange we do not give something to them

Satanta complains of ammunition being withheld- says that he wants Enoch to tell his Great Father at Washington that if he will move Texas farther off he will not raid there any more that he wants Camp Supply removed & he wants ammunition- He says they raided last summer because they could not get ammunition- That they think the white people want to fall upon them and destroy them & that is why they will not let them have ammunition He says he does not want to go to Washington- but wants E. H to tell his Great Father what he says & then if he will send him some ammunition, perhaps after a while he will go to Washington & see him

There were Sioux Indians here last summer

Gen. B. H. Grierson believes that the troubles last summer were the result of a preconcerted arrangement between the Sioux, & all the plains Indians for a general Indian war. But as Red Cloud went to Washington & the thing was broken up, the difficulties in this vicinity did not amount to much- He seems disposed not to use his soldiers except in extreme necessity.

We dined to-day (29th) with Genl Grierson & had much interesting conversation on the subject of the Indians & their management He proposes to concentrate the troops at Fort Sill He objects to setting a part of the Kiowa reservation to the Wichitas- says all the Indians object to it and that it will lead to difficulty-but that those Indians are welcome to remain-only the Kiowas do not want any of their territory cut off- They will say that next thing another part will be set off to some other Indians & then another &c until they will have nothing left- The Wichitas &c used to live here near these Mountains and consider that this is just the place for them- that it is their home &o but are willing to remain on the Washita River

NICHOLSON: TOUR OF INDIAN AGENCIES 355

The Comanches-- Caddoes, Wacoes &c were located on the Brazos River near Camp Cooper 99° Long-33' Latitude in 1855 and in 1859 they were driven out of the country by the Texans

[Chickasaw Agency]

11 mo 30th
Left Kiowa & Comanche Agency at 7 1/2 A. M. & took the road Eastward towards Cherokee town on the Washita River- A beautiful clear cold day-after some rain & wind- We feel grateful for so much good weather- At 30 miles we passed within 2 1/2 miles of Dr. Sturns-south of the road- We camped about 40 miles from fort Sill & had an excellent rest-& this morning-12 mo 1st we are off at 7 1/2- We found good roads yesterday afternoon Read the 4th of John before retiring last night- Cyrus killed a turkey just before we started- There were very many near our camp & a great many prairie chickens were near our road for the first 2 hours- We saw a large Buck also & several flocks of wild geese- In about 10 miles we came to where the road from the Wichita Agency came into ours & then we kept down the Washita valley-passing one Ranche-some herds of cattle- The valley is from one to 2 miles wide & very fertile, the musquite grass being green in many parts of it and looking as if it would afford pasturage all winter- We passed on after dinner across a deep Creek & then down the valley of the Washita to Smith Paul's large farm- then took the left to the Ferry opposite Cherokee Town- crossed by moonlight & then went to Dr. Shirley's 2 miles beyond Cherokee Town, through a muddy circuitous route- Smith Paul's farm will yield 200,000 bushels of corn this year- He is a Georgian who married a Chickasaw woman. A man can occupy all the land that he will fence & is entitled to a strip 1/4 of a mile all around his fence-so that no one shall encroach upon his pasture & timber- There are about 5000 Chickasaws & 1500 Freedmen- These Freedmen are not citizens The Chickasaws voted according to treaty to allow the $300,000 which the Government was to pay them for the Kiowa Reservation to be appropriated for the Colonizing of the Colored people- But nothing has been done yet by the Government & the Chickasaws will probably now be willing to let them remain as citizens At present they are not amenable to law and are engaged sometimes in Cattle Stealing & other improper practices.

The Chickasaws are sending their children to the States to be educated, as their law allows their school fund to be used in this

356 THE KANSAS HISTORICAL QUARTERLY

way. The colored, people have no right to any lands and if one makes any improvements a Chickasaw can come in and expel him

Dr John Shirley is a trader here & brother of Wm Shirley trader at the Wichita- He lives about 80 miles from Ft. Sill & just about half way between Ft Arbuckle & old Ft. Arbuckle.

12 mo-2nd
We have had excellent accommodations (for this country) at Dr. Shirley's- Good feather beds- a stove in each room &c- The morning is very fine-clear, cool & frosty- We trust we are not altogether devoid of appreciating these blessings- "Bless the Lord Oh my Soul & forget not all his benefits-"

We traveled over a road quite muddy from recent rain & crossed the Canadian at Topofki ford, 5 miles above the mouth of Topofki Creek, a little before Sunset- The water was not deep but it is a treacherous bottom & we kept the horses moving on a brisk walk, for fear of quicksand- were favored with safe crossing and found accommodation at the house of an industrious colored man named Tecumseh, who lives about one mile north of the Canadian- Tecumseh has between 200 & 300 hogs- 200 cattle & 21 horse- she lost much stock during the war- His hogs get fat on acorns & those that are designed for bacon, he drives up & fattens on corn- But he eats a great deal of fresh pork- Says that he kills a hog every other day- there being other families around- He has 6 children- no school for his children. He was a slave to a Creek Indian and came when quite small with his parents & master from Alabama when the Creeks were removed thence He speaks English well & is enterprising & industrious- He has one small very comfortable log house for travelers with a good bed in it & this was placed at our disposal- 2 of us occupied the bed & two arranged robes &c upon the floor- had a splendid fire & felt that we were well provided for- Our horses too were well supplied with corn well cured blade fodder (the first we have had) hay-oats &c. We have traveled 30 miles to day.

12 mo-3rd
robes, blankets &c upon the floor- A good breakfast & ready to leave at a little before 8. A very mild clear morning- Wind from the South, indicating rain- I read some chapters in the Bible to Tecumseh & his family last night & we explained matters as well as we could to them- His wife is a Baptist- They occasionally have meetings at his house- It is a pity they cannot have a school in that

Blessed with a very comfortable rest upon

NICHOLSON: TOUR OF INDIAN AGENCIES 357

neighborhood- We traveled for 15 miles to Little River- here we found a considerable company on each side, detained by high water- No ferry boat-water 15 ft-river about 75 ft wide Indications of rain-river rising instead of falling & no prospect of its being fordable in a week

From the Kiowa & Comanche Agency at Fort Sill to Dr. Sturn's a little south of the road leading to Cherokee Town is about 30 miles- From Dr. Sturn's to Cherokee Town a mile or two east of the Washita is 50 miles from Cherokee Town to the Canadian is 30 miles from Canadian to Little River is 15 miles- from Little River to the Seminole Agency is 15 miles- from Seminole Agency to Okmulgee is 50 miles & thence to Ft Gibson is 50 miles- From Ft Sill to Ft Gibson is 240 miles

We got the assistance of 2 colored men & one Seminole and all hands went to work to make a raft and got it launched by night.

[Seminole Agency]

12 mo-4th
Commenced to raft- sent over baggage- then wheels then ambulance body &c assisted by Lieutenants Doyle & Beck & Willey & their men- We got over & then swam the horses- It was near eleven o'clock before we got started- & but for there being a heavy force of men there we could not have succeeded- Lieut Willey was in charge of a large train of commissary stores for Ft Sill and was on the North Bank & his teamsters helped us to pull the Ambulance off the raft & put on the wheels & then pull it up the bank- The ambulance weighs about 1200 lbs- The other Lieutenants were on the South bank and were traveling in the same direction that we were- It is First day morning & it seems much like work-but the Council is to convene tomorrow 55 miles away and it seems necessary to hasten (Dr. Bryner of Pittsburg is the New Seminole Agent)

We reached Seminole Agency at 2. o'clock & got dinner- then drove until night when the forward wheel striking a stump, caused a fracture of our carriage pole, so we camped for the night & by 9 o'clock next morning we had a new oak sapling pole & started on our journey- We crossed North Fork of the Canadian on a good Ferry boat-and also Deep Fork and reached Okmulgee about moonlight-finding comfortable quarters for this country at [omission] Smith's- Not very many members of the Council have arrived yet.

358 THE KANSAS HISTORICAL QUARTERLY

[Okmulgee and the Meeting of the General Council of the Indian Territory]

12 mo -6
The weather is cool & looks as if we might have snow- Smith is a white man but his wife is colored- She keeps an excellent table- The colored people in the Creek country are upon an equal footing with the Indians & a man who marries a colored woman becomes a member of the nation the same as if he had married an Indian woman.

They have excellent Sandstone here for building purposes-some of it fine enough for grindstones. It hardens upon exposure to the air- We saw some beautiful specimens, scattered over the hills, yesterday. They seemed to be fragments of a solidified stratum of reddish sand over which water had been flowing & left it in ridges of a waving character- We often see the sand left in just such a condition upon the subsidence of a stream- in waving ridges-just imagine such a surface to become petrified & then by some upheaval broken into fragments of from 6 by 8 inches up to two or three feet square & from 3 to 6 inches in thickness & we have somewhat the idea

At 2 o'clock the Council convened-but there was not a quorum present- Credentials were presented by several who were not. here at the last Session President Hoag made remarks encouraging the members to confer with one another and endeavor to mature their views & plans of legislation so that when a quorum should arrive, they might be able to act promptly & wisely.

He advised them to consider themselves as persons who were sent here to devise measures (not of their own personal aggrandizement) but for the good of their people at home- that legislatures should remember that their power comes from the people & that it is their duty to look to the true interests of the people & that their attention should be given to those educational, agricultural, & general industrial measures which will tend to the elevation & permanent improvement of the tribes which they represent- Upon motion the Council then adjourned until tomorrow 9 A. M.

This General Council consists of delegates from each of the tribes that chooses to be represented, and that lives in the Indian Territory- Each tribe is entitled to one delegate & then to an additional one for every thousand people or fractional part of a thousand above five hundred- Major Vore, Secretary pro tem- (Vore) (Vore)

TOUR OF INDIAN AGENCIES 359

12/7-
Council met-no quorum Some addition was made to a few of the Committees- Super Hoag gave a short account of the condition of some of the tribes, which he had recently visited- & called for remarks from any members who were willing to speak- Francis King, of the Ottawas said his people have only been in the territory 2 years- that they are now improving in civilization- have mostly good houses- a saw mill- a good school and religious meeting every Sunday- He bore testimony to the great value of the Sabbath meetings, both as a religious point of view and as a civilizing institution- that before they had these meetings, if you went over to a neighbors at 8 or 9 o clock of a Sunday morning, you would find the morning's work unfinished- the dishes unwashed upon the table- the children with their soiled clothes & other evidences of sloth and carelessness-but now they provide all the week for Sunday- rise early that day- put the house in order- dress the children in clean clothing and go promptly to their meetings- He said his people were deeply interested in the proceedings of this Council and he hoped the stronger tribes represented in the Council would not oppress the weaker- that he himself felt an obligation to look to the interest of his neighbor as well as to his own interest and he sincerely hoped all the members would be influenced by such a consideration in their deliberations- He furthermore said that many of the delegates present are men of education and intelligence and capable of expressing themselves clearly and forcibly and that many others like himself had had fewer opportunities- could speak English with difficulty and had had no experiences in legislative matters- This diversity leads to some delay and hesitation-the former class do not like to say much because they suppose it will not be understood or appreciated & the latter because they feel distrustful of their capacity to express themselves These hindrances will gradually diminish and he looked hopefully to the future

Augustus Captain, of the Osages said his people were out upon the plains hunting buffalo- that the matter of securing a home in the Indian Territory had been delayed by unavoidable causes- that they had given up their homes in Kansas because the settlers had treated them so badly-and were now practically homeles- she could not say that they gave much encouragement to schools and civilizing influences as the treatment which they had received at the hands of the whites tended to prejudice them against the

360 THE KANSAS HISTORICAL QUARTERLY

ways of the white man- President Hoag said he was sorry for all this but believed the land question would soon be settled & hoped the future of the Osages upon their new home would be brighter than the past

Edward Earle addressed a few words of encouragement to the Council and assured them of the great interest which he felt in the welfare of their race- spoke of the great kindness and hospitality which we had received from them on this journey, in such striking contrast with what had so often been represented as to their savage and barbarous nature &c- After the Council a Cherokee named W. A. Duncan who lives near the Arkansas line and who is evidently a man of education and intelligence, thanked E. E. for the kindly interest which he manifested in the Indians. Said it rejoiced him to find that they have some friends in the midst of the general indifference & hostility manifested towards them- He is not a member of the Council but being in Okmulgee on business came in out of interest in the proceedings- Council adjourned to 9 A. M. to-morrow.

W. A. Duncan called upon us after dinner and we had much interesting conversation. We find him very intelligent, of a well balanced mind, well educated and a minister of the Methodist Church- His address is Evansville Arkansas & he resides on Barren Fork of Illinois river near the Arkansas line and perhaps 20 miles East of Tahlequa or a little North East

There are of the Cherokees 18000 of all ages, & colors- they have about 42 public schools- their colored people have separate schools- Thirty five per cent of all funds due the nation & which may hereafter accrue to them are appropriated to the support of common Schools and for other educational purposes- the people in the Eastern part of the Cherokee nation are largely engaged in farming- wheat does remarkably well- corn & sweet potatoes also- In the western portion of the nation, stock raising is the chief occupation of the people- We feel a great desire to encourage education amongst them and that they would as soon as possible, have native teachers- We feel very desirous also of encouraging Normal Schools that the System of instruction in their schools may be improved as rapidly as possible. At night W. A. Duncan had a religious meeting of an interesting character. He spoke from the text "Blessed is the nation whose God is the Lord"gave a description of the attributes of the Creator- his love- his justice- his mercy- his truth & truthfulness &c. & improved

NICHOLSON: TOUR OF INDIAN AGENCIES 361

the teaching of these truths by an Exhortation to all present to accept in their hearts the God of the Bible and to endeavor to be as near like him as possible- to copy his character- to imitate in our example and life that which he reveals to us as his character- They then sang in Muscogee language, in a very earnest and spirited manner

I then spoke a few words and Thomas Miller followed- They then sang again- The Minister spoke in English and what he & the rest of us spoke was interpreted in very good style by a young man David Hodge into the Muscogee language- Checota, head chief of the Creeks is a minister and very earnest 2160 Seminoles 12 mo-8th
Council met at 9-A. quorum present- 37 delegates present-64 being the entire number- Journal of yesterday & day before read & confirmed. Mr Purcy of Chickasaw amended by Scales, Cherokee, moved appointment of Interpreters to such as need carried- Sands to whom was committed the duty of inviting the wild tribes to participate by delegations in this council reports that he sent the message but has had no reply- He sent it to the Absentee Shawnee & they to Cheyennes &c in runner style- But many of the tribes were on the hunt & did not hear of the request in time for the appointment of delegates. President Hoag read an extract from Commissioner Parker's official report just published, giving a favorable report of the proceedings of the late session of the Council and expressing a hope of good results from its present session- The journal of the late session of the Convention was then read and interpreted- 2 additional rules were introduced regulating contested Seats of members & providing for a fine of $4.00 for disorderly conduct or for expulsion by a 2/3 vote, if necessary- Adjourned to 2 P. M.

2 P. M.-Met according to adjournment. The rule proposed for disorderly members was rejected as an imputation upon the good character of the Indian people. The rule concerning legal qualifications was adopted and a committee of 5 directed on Credentials- There being 2 sets of Credentials presented by those who claim to represent the Muscogee nation, they were referred to Com. on Credentials

On motion a Com of 10 was appointed to propose a plan for permanent organization of the tribes & nations of the Ind. Territory in accordance with the provisions of treaties of 1866- adjourned till 9 A. M tomorrow

362 THE KANSAS HISTORICAL QUARTERLY

12 mo 9th-
40 delegates present. President Hoag remarked that we were dependent upon the Divine blessing for all good & that it was a duty resting upon us all to ask for that blessing-& that a pause for devotion would be made at the opening of each morning session & he exhorted every member- ministers and all others to attend to their impressions of duty & if they feel prompted by the Good Spirit to pray publicly that they be faithful to do it. After a devotional pause the Secretary was directed to call the roll- read minutes of last meeting &c in routine- Adjourned to 9 o'clock to-morrow Morning so as to give the Com. on Organization time to work as every thing seems to hang upon the report of that Com.

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Judge Baker-Railroad man Lobbyist

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We had an interview to-day with John White, Joseph Ellis & Robert Deer of the Absentee Shawnees & we propose to assist them in building three school houses & also to help them about their blacksmith business- there are some farming implements on the way to them- they are a deserving people, desirous of improvement but lost $200,000 dollars worth of property, in houses stock &c during the war- About 100 have been living on Bird Creek which runs into Cana- 175 or more are on the way from Kansas & some Delawares from Washita are coming & there are 460 or more already between the North Fork & Canadian- Those now in Kansas will many of them come down & I suppose in a short time there will be at least 700 collected in that region.

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Mr. Cramer-teacher

Timothy Barnard-Colonel

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12 mo-10th
Devotional pause- Quorum- Com. on Credentials report against 2 claimants from Creek nation- Report adopted- The Committee on Organization report recommending a form of Government for the Territory, republican in form, providing for Executive, legislative & judicial departments-and to be based upon & strictly in conformity with the various treaties of 1866-so arranged also as to protect the weaker tribes from oppression by the Stronger & to promote the general good of all the nations and tribes & not to

NICHOLSON: TOUR OF INDIAN AGENCIES 363

be binding upon any except those who accept and consent to it-Mr. Johnson, Cherokee, opposed the report of the Com on the ground of its not being specially provided for in the Cherokee treaty which had been adopted as a basis of legislation He concluded his remarks with a motion to adjourn until 12th, 9 o'clock- Carried

12 mo 11
Commissioners of President arrived yesterday and to-day at 3 o'clock had meeting with delegates & others-& spoke to them upon various matters of interest- I appointed a meeting for the evening and read a part of 4th Chapter of Philippians & spoke from the 8th verse, first dwelling upon the proofs of the authenticity of the Bible &c & then pressing the duties prescribed therein- the evils of war & Intemperance were specially dwelt upon and I had great freedom of utterance especially upon the latter Subject, going into it quite fully- Thomas Miller then spoke- Then Judge Baker & the meeting was very quiet and orderly- Delegates mostly present-

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The Council met Sep-27
Com on organization of the Council & order of business

Com on Relations with U. S.
Com on International (tribal) relations
Com on Judiciary
Com on Finance
Com on Education & Agriculture
Com on Enrolled bills

The Com on relations with U. S were instructed to report a memorial to President of U. S. setting forth our relations with the Gen. Gov as defined by Treaty Stipulations, & protesting against any legislation by Congress impairing the obligation of any treaty provision & especially against the creation of any government over the Ind. Territory other than that of the Gen. Council. And also against the Sale or grant of any lands directly or contingent upon the extinguishment of the Ind. Title to any Railroad company or Corporation now chartered for the purpose of constructing a Railroad from a point north to any point south or from a point East to any point west through the Indian Territory, or the construction of any other R road other than those authorized by existing laws-Assurances were sent to Kiowas Comanches Apaches- Cheyenne, Arapahoes, Wichitas &c of friendship & kindly feeling & invitation

364 THE KANSAS HISTORICAL QUARTERLY

to meet at the next convention of the Council which adjurned till 12. 5th

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12-11
Strangers present at Okmulgee J. D. Lang- Robert Campbell- John V. Farwell of the President's Commission- Major Reynolds former Seminole Agent- Mr Denman, former Super. of Northern Superintendency- Mr. Fenlon beef contractor- Judge Baker & Mr. Hubbell of Springfield Missouri as the agents or attorneys of the South Pacific Rail Road- Mr. Hanna of Kansas City- Mr M. E. Joyce reporter for N. Y. Herald- Mr (Mr Fales-Missouri Republican) & Mr. H. A. Goldsmith of Kansas City Times- Gen E. S. Parker Commissioner of Ind. Affairs - Dr Long of the Chickasaw-

12-12
Quorum- Upon motion of Mr Johnson the yeas & nays were ordered when the vote shall be taken upon the report of the Com on organization- Mr. Ross spoke of the necessity of organization- Legislation by the Genl Council is useless without Executive & Judicial powers & processes He favored organization as a matter of necessity-humanity, & essential to carrying out the principles of the treaties of 1866- Mr. Johnson opposed the report of the Commit & proposed some alterations Mr. Vann again defended the report- Mr. Folsom of the Choctaw, approves the report, but feels they are launching upon a sea which they may never be able to navigate-but the crisis is upon them-they must meet it- there is difference of sentiment, but we must freely express our views & endeavor to do the best we can under the exigencies of the times. If we work with trusting hearts in the Great Over ruling Hand above, we may be able to work a temporal salvation for our people & unite ourselves under such a form of Government as shall be favorable to the growth of a happy & great & harmonious people- Mr Johnson again spoke in opposition- Mr Fry of Choctaw hoped they would get to some solid foundation & all unite upon it & promote education and the spread of the Gospel & all its civilizing influences- Genl Jackson in 1837 promised us this country & took our country in the east from us- So we were forced here- there is no other land to which we can be removed- here are our hopes- here the problem must be worked out- here is the place of our destiny- let us form a government which shall be able to promote our best interests & shall suit the Gov- U States

NICHOLSON: TOUR OF INDIAN AGENCIES 365

Mr Laflore Choctaw defended the report- was unwilling to confine himself to the Cherokee treaty- The Choctaw treaty went further & was more conformable to the general Indian policy of the U. S. Gov. He was willing to conform to the wishes of the U. S. Govern in any way which did not compromise their own rights & privileges to their own detriment - He was sorry that the movement meets with opposition at the threshold- Pres. Hoag read from the Cherokee treaty the article defining the powers of the Council- It may legislate upon matters pertaining to the intercourse & relations of the Indian tribes & nations & colonies of Freedmen resident in Ter.- the arrest & extradition of Criminals & offenders escaping from one tribe to another or into any community of freedmen the administration of justice between members of different tribes of said territory and persons other than Indians & members of said tribes & nations & the common defense & safety of the nations of said Territory He considered the last clause as fully authorizing the proposed organization- Mr. Porter, Cherokee defends the report of the Com. & calls for the question. Ayes 48- Nays 5

Mr. Carter, Chickasaw, moves a Com of 12 to draft a Constitution-(No law shall be enacted inconsistent with the Constitution of the U. States or laws of Congress or existing treaty with U. S. The legislative powers of the Council may be enlarged by consent of the Councils & consent of President of U. S. The President seems to have the power of suspending the operations of the laws of the Council, when he deems it necessary)

Mr W. P. Ross Chairman of the Committee Messrs Leflore--C. Carter- J. F. Brown F. King J. P. Folsom, G. W. Johnson C. P. H. Percy- Oktarsar Harjo (or Sands), G. W. Stidham, Riley Keys- Augustus Captain-& [omission]

Adjourned to 2. o clock

2.P.M--Resolutions were passed expressing the gratification of the Council at the visit and words of cheer and encouragement of Messrs. Campbell, Lang and Farwell, Commissioners on Indian Affairs appointed by the President of the U. S.- The Committee on Agriculture made a very interesting report-- The largest. farm is that of Smith Paul enclosing 2000 acres. The Cotton crop of Chickasaws is estimated at 5000 bales- Mr. Vann one of the delegates, lost his entire herd by the war- He does not know how many cattle he had but he knows that for several years before the war he marked over 600 calves each year How sad the devastations of

366 THE KANSAS HISTORICAL QUARTERLY

war- Report adopted- Mr. Brown proposed rules 1st No member to be placed on more than 3 Committees without his consent

2 Some one to be called upon by the President to pray before commencing business in morning- referred to Com on Rules & Regulations- adjourned to 9 A. M. tomorrow

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Roll of Delegates-

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NICHOLSON: TOUR OF INDIAN AGENCIES 367

12 mo-13
Gen. E. S. Parker- Commissioner of Ind. Affairs, addressed the Council- expressing his own deep interest in the welfare of the people of this Territory and also the deep interest of the President of the United States and of many members of Congress He expressed the hope that this Council would take such a course as would organize the nations & tribes of the territory into a compact, territorial government for mutual protection and encouragement He believed it most likely that Congress will accept the presence of a delegate from this Government, who shall be charged with the duty of representing in Congress the interests of the People of this territory and that the territorial Government may in due time be changed into that of a State Government & thus the Territory become a State with all the privileges of any other in the Union- He also recommended the opening in the Territory of a United States Court, because it subjects the people here to a great deal of trouble to have to go out of the Territory to attend the Courts of the U. States- besides it is necessary for the people here to become accustomed to forms of law. It would be better also for juries to be formed of Indians for the trial of cases arising in the Courts- Another point is that, other friendly tribes may be introduced into this territory- This will require some legislation that there may be some uniformity of action in the matter

He wished them also to indicate their preference of a Secretary- He should be a man in whom they have full confidence- He should not be partisan- Should not favor one tribe more than another- He will commission such a man, as they will prefer- It is important for the journal to be accurate and such in every respect as will command the respect of Congress, when submitted to their inspection- He was responded to by C. Leflore of the Choctaws & by P. Porter of the Creeks & that very handsomely- Remarks also by Farwell & Lang of President's Commission-Com. Parker says Sen Harlan has introduced a bill for the reception of a delegate from the Territory & that his idea is to form a Territorial Government, preparatory to a State Gov as in other cases--

2. o'clock
Committee on Constitution granted privilege of retiring- adjourned to 9 o'clock

368 THE KANSAS HISTORICAL QUARTERLY

12 mo-14-
Mr. Scales Resolution requesting the Supert of Southern Superintendency to inform through their respective agents, the wild tribes of the plains, that the Cherokees &c have met in general Council and wish to extend to them the assurances of their friendship & kindly feeling and their desire that these tribes should maintain the peace amongst themselves & with the people of the Un S. & that this is the object of the Confederation as well as to promote the general welfare of all Indians & secure peace amongst them secure their lands exclusively to themselves & to their children referred to Com. on Intertribal relations
(Adopted)

Sec. Interior, through Commissioner of Ind Affairs appoints George W. Grayson Secretary of the Great Council to hold said office during pleasure of said Seer. Interior- Vote of thanks to Maj. J. G. Vore for the satisfactory manner in which he has performed his duty as temporary Seer of this Council & requesting the Pres. to make him due compensation for his services-Adjr 9 A. M. Tomorrow

At a Conference of the Council of the Creek Nation-Checote--Governor presiding)-presented to Commissioner Parker the case of Surveying Creek lands- that of two white Creeks now confined in jail in Arkansas who having lived here from childhood & been adopted into the nation were placed upon the Light horse or Police of the nation and were present and participated in the attempt to arrest a Creek charged with crime.

He resisted and was killed Who of the Police force did the killing is unknown but as they were whites they were considered subject to U. States law & arrested for trial- Also the case of funds improperly paid by Late Agent Capt Fields, of the orphan Fund- Also the case of Traders licensed by the agent who refused to respect the Nation's laws in prohibiting the selling of goods on the Sabbath day

The Commissioner informed him that Wm Rankin had been ordered to resurvey the Creek lands as the former survey is not satisfactory- Also that it is probable the Seminoles were located too far East and that perhaps some change in the Creek line may be necessary in order to prevent disturbing the Seminoles

As to the men in Prison, the Government claims jurisdiction over all white men whether in the Ind. Ter. or not. They can either defend them as Creeks and if convicted appeal to the U. States President & he will probably pardon-or they may present all the facts in the case to the Attorney General & perhaps he would direct

NICHOLSON: TOUR OF INDIAN AGENCIES 369

a nolle prosequi- He would inquire into the money case & no agent will be allowed to violate the Sabbath laws of the nation

John Chupco, Chief of the Seminoles was in 1859 a blanket Indian in Florida-but now has 140 acres in cultivation and a large amount of stock. He is a Presbyterian & an excellent man- About 500 came when he did from Florida. Chupco, loyal--

The Seminoles on one occasion wanting beef & flour for a Council meeting were offered what they wanted for rails and in 24 hours they split 3100 rails & purchased what they desired- The beef was supplied by (E J. Brown) Brown the trader

A Seminole Indian seeing John F. Brown making a Field Gate stood by and watched him all day long- Next day he went to the Sawmill & bought timber and when (E. J. Brown) Brown went to his house not long after, the Indian had made 5 or 6 gates and erected them in different parts of his own farm

John Jumper, the other chief of Seminoles is a Baptist minister, an excellent man, very industrious and has an excellent farm Mr Brown has sold them over 180 wagons since the war- this shows thrift-for they paid for them with their own earnings

12-15-
A committee of three on Revision of the journal-to produce the revised copy to be read in Council before its adjournment-- Allen Ross G. W. Walker & E. J. Brown Com on revision- Adjourned to 2 o'clock

Will meet the wild tribes in Council whenever practicable & desired by the Superintendent of Ind. Affrs.

Adjourned to 9 A. M. Tomorrow

12-1st
Education

Choctaws- neighborhood schools & maintaining about 20 youths at schools in the States- A male & a female Boarding School are to be opened as by authority of Council- Annual school fund $30,000- Neighborhood schools 3 for each of 16 counties - 48- Children at each 20 to 40- Whole number of children of the Choctaw Nation at School 1460 Population 16,000 to 17,000

Cherokee-Population about 17,000 School & orphan fund consists of money invested in State & U. S. bonds 596-140, 219,774
School Fund $596,140
Orphan Fund 219,774
5 to 7 percent interest

370 THE KANSAS HISTORICAL QUARTERLY

48 Public Schools. 3 colored
3/4 of teachers natives

Orphans of these pupils are boarded & clothed by the orphan Fund One Moravian Mission School and a few private Schools, besides Muscogees- population inclusive of Freedmen 13000 22 Public Schools-with a Supt of Public Instruction. 1 teacher to each School Salary $400 for 10 months 9 more Schools will soon be opened total 31- One Boarding School besides has 80 pupils & another will be ready by Spring for an equal number (80) Salaries of Super. & teachers of these boarding Schools are paid by the Methodists & Presbyterians- balance of their expenses by the Nation[6] of the public Schools are exclusively for the freedmen

Average no of Children at School for Scholastic year 1870-700 Seminoles- Population 2500 4 neighborhood Schools- Teacher's salary $600 per Annum Whole no. of pupils at these 4 schools is 225 -average daily attendance about 40- A mission building is in process of erection Rev Mr Ramsay Superintend to accommodate over 50 pupils

School fund-annual Treaty Stipulation-$2500
Chickasaw population 5400 11 neighborhood schools 440 the whole no of pupils- 60 pupils at $350 each (annually) are at school in the States at expense of the nation

Osages-population 3000 to 4000- 50 pupils at Catholic Mis. School
School fund $3000 Annually

Confed. Peorias, pop-170 One Public School No. pupils 25 average daily 20 School fund (entire) 35000 to 40000

Shawnee 80 -- no schools
Wyandotte 160 -- no schools
Senecas 188 -- no schools

NICHOLSON TOUR OF INDIAN AGENCIES 371

The people of the nations of Indians inhabiting the Indian Territory have met to frame laws and arrange the machinery of a Government for the country occupied & owned by them, in order to draw &c & relying upon the guidance & favor of Almighty God to carry out in a consistent & practicable form the provisions of treaties

Report of Com. on Organization objects are to draw themselves together in a closer bond of union for the better protection of their rights- the improvement of themselves and the preservation of their race

Art 1

Section 1-gives the boundaries of the Ind. Territory & the name of the Government viz-Indian Territory
Sec 2-guarantees to the citizens of each of the nations entering into this compact, the same rights of transit commerce, trade or exchange in any of said nations which he has in his own, subject only to consistency with existing treaties with the U. S. & the laws regulating trade & intercourse, & under such judicial regulations as are hereinafter provided. No rights of property or lands or funds owned by one nation shall be invaded by citizens of another and the rights of each nation to its lands, funds & other property remains sole and distinct to itself- Any Indian nation now represented in this. Council & which may hereafter lawfully enter the Ind Terr. or may now be lawfully in it, shall be admitted to representation & all the privileges of this joint Gov- by accepting the provisions of this Constitution

372 THE KANSAS HISTORICAL QUARTERLY

Art. 2

Sec. 1-Provides 3 distinct departments, Legislative- Executive & Judicial-for the powers of the Gov.
Sec. 2 No one belonging to one of these departments shall exercise the powers belonging to any other except as hereafter prescribed

Art. III

Sec. 1-Vests the Legislative power in a Senate & House of Representatives-Style of enactment is by the General Assembly of The Indian Territory.
Sec. 2-Provides that the Senate shall consist of one member from each nation whose population is 2000-and one member for every additional 2000 or fraction thereof greater than 1000-provided that nations whose individual population does not equal 2000, may unite & be represented in the same ratio & Provided further that the Ottawas, Peorias & Quapaws shall be entitled to one Senator & the Senecas Wyandottes & Shawnees to one Senator& the Sacs & Foxes one Senator.
Sect. 3-limits eligibility to the General Assembly to bona fide citizens of the nation represented & to those who have attained the age of 25 yrs
Sec. 4-House Representatives shall consist of one member for each nation and an additional member for every thousand population or fractional part of 1000, greater than 500
Sec 5-Members of the Gen Assembly are to be elected by the qualified voters of their respective nations, according to their laws or customs- term of office is 2 years- Vacancies to be filled as original Elections
Sec. 6-Senate shall choose its own President & other Officers- The House shall choose its Speaker & other officers- Each House to judge of the qualifications & returns of its own members- A majority constitutes a quorum for each house A smaller number may adjourn from day to day or take measures for compulsory attendance of absentees, as each house may provide
Sec. 7-Each House shall provide its own rules of proceeding- punish for disorderly behavior & with the concurrence of 2/3 expel a member- but not twice for the same offence- Each House shall keep a journal of its proceedings
Sec. 8-General Assembly shall have power to legislate upon all subjects pertaining to the intercourse & relations of the Ind. Tern, the arrest & extradition of criminals escaping from one nation to another-the administration of justice between members of the

NICHOLSON: TOUR OF INDIAN AGENCIES 373

several nations and persons other than Indians & members of said nations and the common defence & safety of the nations of said territory- But they shall not legislate upon any other subjects than these.
Sec. 9-Provides oath or affirmation of office-obliging to a support of the Constitution of the Ind. Territory & to a faithful & impartial discharge of official duty.
Sec. 10. Provides a per diem of $4. for every day's actual attendance in the Genl Assembly-& $4 for every 20 miles of travel- going & returning-by the shortest practicable route to be certified by the presiding officer of the house- No member to receive per diem compensation for more than 30 days at any annual session.
Sec. 11-Except for treason, felony or breach of the peace, members are exempt from arrest during the sessions of the Gen Assembly or in going & returning.
Sec. 12-No power of suspending the laws of this territory shall be exercised except by the Genl Assembly or its authority- No retrospective law or law impairing the obligation of contracts shall be passed.
Sec. 13-Gives power to Gen. Assembly to raise revenue-but only as actually necessary & in accordance with law-which law shall be uniform in its operations throughout the Terr.
Sec. 14-All Appropriation bills shall originate in the House of Representatives-but Senate may propose amendments or reject the same- Other bills may originate in either house & be subject to the rejection or concurrence of the other.
Sec. 15. The House of Representatives shall have sole power of impeachment- All impeachments to be tried by the Senate- Senators being on oath & the Chief Justice presiding A concurrence of 2/3 shall be necessary to conviction.
Sec. 16-Governor & all civil officers liable to impeachment- but punishment not to extend beyond removal from office & disqualification for holding any office of trust, honor, or profit in the Territory-but the party whether convicted or acquitted shall be liable to indictment trial & punishment according to law as in other cases

Art 5

Sec. 1-Judicial Power is vested in one Supreme Court-three district Courts & such inferior Courts as may be provided by law
Sec. 2-Supreme Court to consist of three Judges to be appointed by the Governor, with the approval of the Senate, as district judges.

374 THE KANSAS HISTORICAL QUARTERLY

Two of said judges shall form a quorum of the Supreme Court for the transaction of business- Official term 6 years-one to be vacated in 2 years- one in 4 & one in 6 &c The Chief Justice shall be the one appointed for 6 years & afterwards the Senior judge in office
Sec. 3-Supreme Court to meet at Capital-1st Mondays in June & December-to be a court of Apellate Jurisdiction from the District Courts & of original jurisdiction in cases prescribed by law-but such jurisdiction shall not interfere with the civil & criminal jurisdiction retained by each separate nation by the treaties of 1866
Sec. 4. Supreme & district judges shall have power to issue writs of habeas corpus & other necessary process
Sec. 5-District Courts shall have original jurisdiction of all civil & criminal cases arising from the trade or intercourse between the several nations-and all cases arising under the legislation of this Gov. according to law
Sec. 6-Writs of Error, Bills of exceptions & appeals may be allowed from the final decisions of the district courts, as prescribed by law
Sec. 7-Genl. Assembly to divide the Ind. Terr. into 3 districts of as nearly equal dimensions & population as possible- assign a judge to each& provide for holding terms of the District Court in each at such times & places as may be deemed expedient
Sec. 8-Judge must be 30 yrs of age-of good character & suitable qualifications
Sec. 9. No judge to sit upon a case in which he is interested or connected with either party by consanguinity or affinity, except by consent of parties & in case of disqualification, vacancies to be filled according to law
Sec. 10-All writs & other process are to run in the name of the Indian Territory & bear test & be signed by the clerk issuing the same
Sec. 11. Indictments conclude against the peace & dignity of the Ind Territory.
Sec. 12-Every court to appoint its clerk to be qualified according to law & compensated also.

Art---VI---

The General Assembly may propose such amendments to this constitution as three fourth of each branch may deem expedient & the Governor shall issue a proclamation directing all civil officers of the Territory to promulgate the same-as extensively as possible

NICHOLSON: TOUR OF INDIAN AGENCIES 375

within their respective limits at least six months previous to the annual session of the National Council of the nations parties hereto, & if three fourths of such national councils, at such next annual sessions- shall ratify such proposed amendments they shall be valid to all intents & purposes as a part of this constitution

Art. IV---

Sec. 1. The Executive power is vested in a Governor whose term of office shall be two years to be elected by the qualified voters of each nation on 1st Wednesday in April- The mode of examining the returns the same as usual in such cases- Governor must be 30 yrs of age- Compensation to be fixed by law- liable to impeachment- His office to be filled (in case of vacancy), by the President of the Senate & The usual powers & duties of the Governor of a State or Territory are prescribed. He is also clothed with the veto power. Provision is also made for the appointment of a Secretary of the Ind. Territory & he is ex officio, the Treasurer also-&c An Attorney General- district attorneys, marshall & deputies are provided for- The Bill of rights is essentially the same as in the Constitution of the United States and of the Several States of the Union.

12 mo-19-
Council met after having had all of the 17th for interpreting & fully understanding the Constitution as they could do this better out of session than in it. Quorum- Journal read- Resolution allowing mileage to Smith & others who left their homes but failed to reach Okmulgee in time for the September Session before its adjournment- Constitution read & interpreted the Second time Com. on Education presented a revised report- adjourned to 2 o'clock. 2. P. M-19th

Schedule-Secretary to transmit a duly authenticated copy of the Constitution to each nation represented in this Council & to ask the ratification of the same by their respective Councils- When the secretary receives official notification from 2/3 of the National Councils, of their ratification, the Secretary is to call together the delegates from those nations assenting in General Council and that Council shall provide for the election of Governor and members of the General Assembly- fix the time for the meeting of the General Assembly, that it may provide for the necessary laws for putting this Constitution into working condition- This Constitution shall

376 THE KANSAS HISTORICAL QUARTERLY

not be obligatory upon any nation which does not duly ratify and adopt the Same- continued to read & interpret the Constitution for 3rd time- Adjourned to 9 A. M. tomorrow.

12 mo. 20th
Proceeded to finish 3d reading of Constitution- The Constitution was finally adopted ayes 52, nays 3-Adjourned to 2 o'clock.

2 P. M.
Council voted, viva voce, as to where the next Council meet- It was, as follows-Okmulgee 28- Ft Gibson 13 & North Fork Town 10- decided to meet at Okmulgee on the 1st monday of June 1871

The President made some remarks congratulatory of the kindness, &c of the delegates- A vote of thanks was tendered the President for his impartial, and faithful discharge of the duties of the Chair Also a vote of thanks to Thomas Miller-Edwd Earle & myself- for our assistance &c to the members of the Council in their important work- At the close of Enoch Hoag's remarks Thomas Miller was engaged in earnest vocal Supplication- I responded in a few words of gratitude for the kindness of the Council in permitting us to be present in its deliberations and expressive of my deep interest in their work & my earnest desire for its complete success &c- .

We had a most satisfactory adjournment after which most of the members came up to give us a cordial shake of the hand and say, "good bye"

We have boarded since being here with Silas Smith who is a white man but his wife is a colored woman- Their dwelling and cook house are in the yard and the dining room is under the same roof as our room. Five of us have slept in this one room and sometimes eight during the past fortnight In the day time and evening our room has frequently been thronged and as the floor is very limber it has been difficult to write much, for both the above reasons Yet E. Earle- C. Frazier & myself have managed to do the correspondence for 5 or 6 newspapers as we were desirous that accurate reports should be furnished to the public press of the proceedings of the Council and of our observations of the working of things in this portion of the Territory- Amongst the Creeks there are many instances of intermixture between the Indian & African races- Four or five of the delegates are at least half African- With the other tribes, there is much more of an aversion to a social equality with

NICHOLSON: TOUR OF INDIAN AGENCIES 377

the colored race- Indeed with many, there is much the same feeling as exists in our Southern States.

These were slave-holding nations before the war - very many of them went into the Confederate Army and when the war closed the Government of the United States dictated the abolition of Slavery amongst them as it did in the Southern States- It is perfectly natural that the old feeling should still be to some extent apparent, but we may hope that it will gradually disappear as a new generation comes upon the stage and new circumstances surround these nations [Seminole Business]

According to provisions of Seminole treaty of $3,000. was to be appropriated annually for ten ##tional purposes- the sum of $2000 for agricultural purposes and the sum of $2200. for Smith & Shop work, annually for 10 years- The former appropriation is due up to Aug 1, 1861 when the Confederate treaty was signed- The two last are due to December 1st 1860- The Seminole treaty of 1866 (Art. 8 & 9) reaffirms and assumes all the provisions of the treaty of 1856 not conflicting with the treaty of 1866. The Seminole Government believes that the above monies are still due them & desire they may be paid to Supt of Ind Affrs & by him to the Council to be used for Support of Schools Smith work &c amongst them

[Creek Business]

Of the $200,000 provided in article 3rd of Creek Treaty 1866, it is alleged that 25 per cent was paid to Perry Fuller, as Claim agent., by direction of the Creek Council, Gov. Checota at its head-in presence of D. N. McIntosh- T. Barnett- $2000 was paid for the damages to the Mission building and $10,000 were set apart for the payment of the delegates who went to Washington to ratify the treaty- Of this $10,000, it is alleged that a son of Agent Dunn received $3,000 & that $7,000 were placed in the treasury of the Creek Nation - T. Barnett, treasurer, & that the delegates have never received any compensation- Some say that the $10,000 were specially appropriated by Congress & did not come out of the $200,000

Perry Fuller Traders, Ft. Smith
F. Lense do

D. M. McDonald Trader at Little Rock
----- Smith do

378 THE KANSAS HISTORICAL QUARTERLY

Maj Dunn Agent of Creeks-

Capt. Fields & Lieut. Joslyn assessed the losses of the loyal Creeks' freedmen- soldiers &c at $6,000,000- It was cut down to $1,800,000, and $100,000 directed to be paid out of the money received by the U. States from the Seminoles. The Seminoles paid the U. S. 50 cts per acre- The U. States agree in Art. 3 to pay to the Creek Nation 30 cts per acre for the West half of its territory-- in Article 4 they agree to pay out of the proceeds of these lands, the losses of the loyal Creeks, freedmen & soldiers, at least to the amount of $100,000- In effect the Creek Nation pays $100,000 out of the proceeds of the sale of its lands, to the loyal portion of its citizens as indemnification for their losses in the war- The Government of the U. States pays no part of it really- The money paid by the Gov. for the Sac & Fox reservation is now due to the Creek Nation, with interest on $275,000- Sac & Fox land costs $144,000 at $.30 pr acre

12-18-
Thomas Miller, Edward Earle & myself went to a meeting for worship held in a Creek School house near the residence of Checota the Governor of the nation- They have meeting there every Sabbath at 11. o'clock- The Governor usually preaches- But today after singing in the Creek language, Thomas Miller preach at length & the Governor interpreted- Then they sang again & Wm Frye, prayed with much animation in the Choctaw language- then they sung very impressively in Creek- The hymn in English is "Come along"- "Come along" Then the Governor spoke a while in Creek & pronounced the benediction- One woman was shedding tears during the singing-and another woman began to tremble & gradually to bow her head until she became very much bent forwards & was in a universal tremor her shoe heals making a most rapid tapping upon the floor- This soon ceased when the singing closed-but she showed the earnestness of her feeling in coming forward at the close of the meeting & shaking hands with all in our vicinity- This was remarkable for an Indian Woman-they are usually very backward & keep their faces downward in the presence of Strangers- I think the woman, above mentioned was partly African as her hair was slightly curly- this may partly account for her agitation as the colored people are more demonstrative in their worship-

12-19
Snow Storm-4 or 5 inches of Snow-much melted & still falling

NICHOLSON: TOUR OF INDIAN AGENCIES 379

Cold clear- Council adjourned.
12 mo. 20-
12 mo. 21-

Clear cold morning- We left early & soon found the Creeks obstructed by ice so as to require the aid of our Axe & of poles to make way for the horses- About 9 o'clock Col. Wm P. Ross & Allen Ross came up riding in an open Buggy with two horses & Judge Key on horseback- they took the lead and were of great service in breaking the ice- In one creek with 4 feet of water as Col. Ross' horses came to the ice upon the further shore, one of them with great sagacity, reared up & threw his fore feet upon the ice & crushed it-- then advancing again, he repeated the operation and they next time, leaped upon the bank and took the buggy squarely up on the shore line ice- After our horses had mounted the bank & the front wheels came in contact with the frozen bank, it was impracticable to raise the wheels until we all jumped out-the horses had to make a turn very suddenly & the ice was so solid upon the hill side that it was very difficult for them- We drove on until near night- It became cloudy early in the day & was very cold- We succeeded in getting entertainment at the house of a colored man named [omission] and were permitted to have the sole use of a room about 11 feet square with a fire place & one narrow bed- Mr Thompson another of the delegates joined us a little after we got in so there were 8 of us- We furnished our own coffee & bread and they gave us some sweet potatoes & fried pork & we made a good supper- We then took the bedstead out of the house & put down our robes, blankets &c & we 8 wedged ourselves into the 11 feet of width & having some hay spread on the floor, under our robes & a good fire, we succeeded in being comfortable

[Creek Agency]

12/22
In the morning, it was colder-a strong N. West wind & snowing moderately- We were up early, took a cup of coffee, some cheese & crackers & then started on our way- The snow storm increased & at 10 1/2 we reached the Creek Agency & stopped for dinner & to get the horses shoes fixed so they would not slip on the ice so badly - It has been very hard on our horses- They had to stand out all night last night, though had blankets & plenty of food--& also had grain this morning before we left- We find very comfortable quarters here at the Creek Agency

380 KANSAS HISTORICAL QUARTERLY

Evening- It was nearly sunset when the Blacksmith finished shoeing the horses & so we concluded to remain here to night as there was no house nearer than 8 miles & we were strangers to the road

12/23
It was extremely cold this morning- One of our Company is a native of Canada & two of New England & they seem to think it is about as cold as they almost ever felt it- We got off after early breakfast & got down to the Arkansaw opposite the mouth of Grand River & a little below the mouth of Verdigris & in sight of Fort Gibson. The steam Ferry Boat was on the other side & they said the pipes were frozen- So we waited all day until dark, they assuring us they would soon be over- We had a fire under the hill & did not suffer extremely with the cold- After night we succeeded in getting permission to stay in a house near by & 4 of us occupied a room with 4 others (strangers) who had come down to cross the river but had to beg a chance to stay in the house

We fixed beds upon the floor, spreading our robes blankets &c- We had a good fire in the forepart of the night & were comfortable- but as the fire went down it became very cold in the room & at a little before 5 o'clock, I got up & put on wood- As soon as the fire got fairly under way we were able to rest a little more comfortably as our beds were as close to it as we dared to place them.

12/24
We learn this morning that the real reason why the boat does not run, is the ice- They fear it will be cut through- The Surface of the Arkansas is covered with masses & sheets of floating ice, & in the channel, but the still water is hard frozen- It is beautifully clear this morning- wind has changed from N. W. to East or South East- We suppose it will soon be warmer.

This place is called Nevins' Ferry & Nevins receives $1000 per year rent for the privilege of landing the Ferry Boat on his premises. Edward Earle & Francis King (the Ottawa delegate, half French, a machinist) have gone over in a little canoe- To night they return & say that after they had thawed the pipes, they found the boat fast upon a log - The pump rod broke & they had to go to Ft Gibson to get it repaired- All hands have worked hard all day and moved the boat somewhat & think that in 3 hours effort in the morning they will succeed - In the mean time the river continues to fall & the boat rests more heavily- so we cannot tell when we shall get over- I believe we are favored with a good degree of

NICHOLSON: TOUR OF INDIAN AGENCIES 381

patience & feel thankful for health and many comforts, considering our situation

12/25
It is now past 1 o'clock P. M- They have been working hard all day and the boat is still fast - We have understood that they move it a little & expect to get it off before night- Enoch, Edward & Francis King are over helping the men at the boat & so are many others- Cyrus & I have packed up, harnessed the horses & paid our bill, hoping to see the old boat move her wheels, but we may after all have to stay where we are a while longer

We learn that all the ferries in this part of the river are impassable so that we should fare no better elsewhere than here-The weather has moderated but the wind is chilly from the southeast and it is quite cloudy- It looks quite as if we might have another snow storm. We expected to be in Lawrence to-day & to meet the Committee there to-morrow unless they have changed the time and place of meeting. We have done our best to meet the engagement. It is simply impossible to make any accurate calculations about traveling through this country

We thought we had given ourselves ample time in arranging for the Committee meeting. But it will require 4 days yet for us to reach Lawrence even though we could cross the river to-day & if the snow melts suddenly we may expect high water in some of the Creeks between here & Kansas

Well at half past one P. M. the old Boat blew her whistle and after various efforts to reach the landing places & she finally came so near that we succeeded in getting aboard & by 4 o'clock we were on the north bank of the Arkansaw or rather we had to be landed on the west bank of Grand River. We were rejoiced & our horses seemed as much so as we- We drove 15 miles although a part of it was through the woods & would have been exceedingly bad but for being frozen- Came to a Stage Station which was already filled with men mostly very rough profane fellows but fortunately not drunk- One of the men Captain of a surveying party was so clever as to give up his bed to Supt Hoag as he had a mattress & blankets of his own & as I was rather unwell from a cold, Edward Earle made me share the bed with Enoch-refusing it himself- He & Cyrus had all our robes, most of the blankets &c & said they were comfortable F. King & E. Black, got a place before the fire in the family room- Edward & Cyrus spread down in the dining room or kitchen which was as open as a barn- Enoch & I with 11 or 12

KANSAS HISTORICAL QUARTERLY

others occupied to the full the company room I believe there were two or three families in the family room where King & Black slept- So the house was full.

12/26
Edward was up early, started a fire in the cook stove & made a pot of coffee- warmed our frozen biscuit & so we breakfasted on coffee, cheese & Biscuit & left a little before sunrise and reached Alberty's Store about 11 1/2 & stopped for dinner- Here we met [F. ?] Adair a prominent Cherokee lawyer who lives opposite this place, east of Grand River & is detained by ice- The weather is still very cold-though clear to-day- The roads are frozen & smooth & our horses get along finely since their shoes were fixed- We begin to hope we may reach the railroad to-morrow night as we are making greater speed than we have hitherto done on this journey We are now 37 miles north of the Arkansaw

Night-Well we are at Cochran's, 40 miles from Chetopa- We arrived here just at dusk and half an hour before getting here we noticed that Faithful Jennie one of our wheel horses seemed sick- As soon as we stopped the Ambulance here, she dropped upon the ground - She seemed in great agony & in 20 minutes she was dead- We cannot tell what was the matterShe had done her part most faithfully upon this long journey & and it was a grief to us to lose her-though, as we are now within one day's journey of the railroad, we can easily make it with three horses- But a faithful performance of duty endears even our domestic animals to us- We learn that about 50 horses have died this year on the road from Chetopa to Ft Gibson

12 mo/27
We rested pretty well last night though the accommodations were poor

We left at 8 1/2 o'clock & a man who stayed there put his horse in & drove 10 miles & then we put one of our horses ahead of the other two & reached Chetopa at 3 1/2 O'clock- I trust we feel thankful to get to the railroad again & hope to be able to leave at 5 in the morning & to reach Lawrence in the Afternoon.

At Chetopa, Enoch Hoag- Edward Earle & myself adjusted our accounts

Enoch has in very many instances paid my expenses, as his assistant, he being allowed an assistant by the Government- Edward

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