Diary of Private Lewis C. Paxson, Wednesday, September 10, 1862

Alarm of Indians—hoax. Our first battle, we went to Mendota, 20 of us, at 11 p. m. Came back at 3 a. m. Pressing teams for Abercrombie followed.

SOURCE: Lewis C. Paxson, Diary of Lewis C. Paxson: Stockton, N.J., 1862-1865, p. 4

General William T. Sherman to Senator John Sherman, March 18, 1875

HEADQUARTERS ARMY OF THE UNITED STATES,        

ST. LOUIS, Mo., March 18, 1875.

Dear Brother:

*          *          *          *          *          *          *          *          *          *

To-morrow Generals Sheridan and Pope will meet here to discuss the Indian troubles. We could settle them in an hour, but Congress wants the patronage of the Indian bureau, and the bureau wants the appropriations without any of the trouble of the Indians themselves. I don't suppose in the history of the world there is such a palpable waste of money as that bestowed on the Kioways, and no wonder our government is sinking deeper and deeper into debt. We have spent in the past seven months, at least half a million dollars in bringing down these Indians, and this is the fourth time since I have personal knowledge of the fact. . .

Yours affectionately,

W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 344

Congressman Albert G. Brown’s Speech on the Delegate from New Mexico, July 19, 1850

SPEECH IN THE HOUSE OF REPRESENTATIVES, JULY 19, 1850, ON THE ADMISSION OF THE DELEGATE FROM NEW MEXICO IN ADVANCE OF HER TERRITORIAL ORGANIZATION.

MR. BROWN said he had taken no part in the debates on the question of admitting the delegate from New Mexico, nor did he intend to participate in this discussion at any great length.

The honorable gentleman from Tennessee [Mr. Gentry] had announced the principle which had governed his vote in favor of Mr. Smith, as a delegate from New Mexico, and had informed us that he should govern himself by the same principle in voting for Mr. Babbit, the delegate from Deseret. To the correctness of the honorable gentleman's theory, Mr. B. made no sort of objection, and if the theory was applicable to the matter in hand, he should be found voting with the gentleman from Tennessee.

The honorable gentleman says, it is a part of the early theory of our government, that, whenever you govern a people, you should grant them representation. No one could mistake the meaning of the gentleman. He meant to assimilate this case to that of our colonial forefathers, and to assume that, as they complained with justice of the British Crown for governing them without giving them representation, the people in New Mexico and Deseret may justly make the same complaint of us. The colonies were governed. The Crown sent them governors, secretaries, judges and tax-gatherers. It required the acts of their local legislatures to be sent home for approval. It governed them with most despotic sway; but do we govern New Mexico and Deseret? How, sir, in what manner have we governed these territories? We have steadily refused them all governments. The ægis of our protection has not been extended over them. We have sent them neither governors, secretaries, judges nor tax-gatherers. We have taken no cognisance of them, or of their condition. This state of things ought not so long to have existed. It was the solemn duty of Congress to have taken these people under its care to have extended over them the shield of the Constitution—to have given them laws and government. It was a reproach to Congress that all this had been neglected or refused. He (Mr. B.) took his due share of this general reproach. It had been the misfortune of himself and of others, that they could not agree on a form of government proper to be granted. It had been the misfortune of the people who were now seeking this informal admission on the floor of Congress, that these differences of opinion existed. But were we on that account to set all precedent at defiance, disregard the law, and trample the principles of the Constitution under foot? He could not agree to this. He stood ready now, as he had stood from the beginning, to vote a proper republican form of government to these territories-to fix for them proper metes and bounds; and this being done, he should vote for the admission of delegates from each.

Mr. B. said he disclaimed all sectional feelings in the votes he was giving. He had taken ground against the admission of Mr. Smith when he avowed himself a zealous pro-slavery advocate. He based his opposition then, as now, on the ground that the laws of the United States and the Constitution had not been extended over the territory; that no territorial government had been established; that nothing had been done which gave to New Mexico any legal right to have her delegate on the floor of Congress. When Mr. Smith changed his position, and to propitiate certain influences, he turned Free-Soiler, and published a vulgar tirade against the South, he (Mr. B.) had not changed his position. He voted against him, as he had originally intended to do. He should now vote against Mr. Babbit, albeit he was understood to be at least not unfriendly to the South.

He could not consent to admit every one to a seat on this floor who comes here and demands admission. If the people on Tiger Island should send us a delegate, he would vote against him. If John Ross or Peter Pitchlyn ask admission from the Choctaws and Cherokees, he would vote against them. If the hunters and trappers on the Rocky Mountains should send their delegate here, he would vote against him.

In all this proceeding he should govern himself by no sectional feeling, but by the sternest principles. Whenever delegates came here, as they had come in the earlier and better days of the republic, from Ohio and Mississippi, from Alabama and Indiana, from Arkansas and Michigan, and, indeed, from all the territories, he should vote to admit them, and ask no questions as to whether they or their constituents were for or against slavery.

He would not pursue this subject. He had risen simply to reply to a remark of his friend from Tennessee. He feared that the popular idea that government and representation should go hand in hand, when propagated by a gentleman so distinguished as the honorable member from Tennessee, and coupled with the question in hand, might mislead the public mind. He had, therefore, felt bound to point out the clear distinction between the case before us, and the one assumed by the gentleman to exist.

He concluded by repeating that, whenever delegates presented themselves from territories formed by the United States, and elected according to law, he should vote for their admission. Beyond this he would not go.

SOURCE: M. W. Cluskey, Editor, Speeches, Messages, and Other Writings of the Hon. Albert G. Brown, A Senator in Congress from the State of Mississippi, p. 192-4

Our Indian Troops, published December 24, 1864

General Stand Watie, commanding our Indian troops in the trans-Mississippi Department, has fully clothed and armed all his men, and is in the vicinity of Fort Smith, attacking and destroying Yankee wagon trains.

SOURCES: Richmond Daily Dispatch, Richmond, Virginia, Saturday Morning, December 24, 1864, p. 3; John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 365-6

Remarks of Jefferson Davis on the Bill to Raise Two Regiments of Riflemen delivered in the House of Representatives, March 27, 1846.

Mr. JEFFERSON DAVIS said he did not intend to enter into a wide discussion with reference to the tariff, to Oregon, to Texas, or to the improvement of the rivers and harbors of the country. The House had under consideration a proposition to raise two regiments of riflemen. The only questions to be determined were: first, the necessity of the increase; and, second, the mode in which it should be made. There were two great propositions imbodying different modes: one to increase the army by increasing the number of regiments; the other, to add to the rank and file of the existing regiments. Our organization under a peace establishment is designed only to be the skeleton of an army; we organize our regiments not so much with a view to their present efficiency as on the arising of an emergency which shall require them to enable us to fill them up and render us the greatest service. We who were literally the rifle people of the world, who were emphatically skilled in the use of the rifle, were now falling behind France, England, and other nations, who were paying attention to it, and now actually had no rifle regiment. For this reason, if there were no other, he would vote to raise a rifle regiment to perfect our organization, and add the wanting bone to the skeleton of our army.

Another reason in behalf of this bill was, that it was recommended by the President of the United States. [Mr. D. read that part of the Message recommending the establishment of stockade forts on the route to Oregon, &c.] It did not depend upon the notice, upon future emigration, but was necessary to protect the emigration now passing to Oregon. He pointed out the dangers from the attacks of nomadic hostile Indians, to which the traveller across the prairies is exposed, the necessity of mounted riflemen for their protection, and the superiority in very many respects of mounted to unmounted riflemen for this service. He agreed with the gentleman from Kentucky, [Mr. BOYD,] who, in his amendment, proposed to make it discretionary with the President whenever, in his opinion, the public interests shall require, to mount such portions of these regiments as he may deem necessary. He (Mr. D.) hoped that at least half of them would be mounted; for it was perfectly idle to send infantry to guard emigrants against Indians who live on horseback, who rob all companies not sufficiently strong to resist them, and fly with their booty as on the wings of the wind.

He denied the correctness of the position of Mr. RATHBUN, that this bill was intended for raising troops to transport our men, women, and children to a territory over which we dared not assert our rights; and said that the President had recommended mounted riflemen to protect the emigration which is now going on; we needed it before emigration commenced, and emigration has only increased its necessity. He urged the importance of this measure, and the advantages and facilities which would be extended to emigrants to Oregon, by the erection of a line of stockade forts on their route. In further reply to Mr. R., he vindicated the qualifications of western men for this particular kind of service, acknowledging that they would be loth to submit to military punishment, but assigning their habitual subordination to the laws of the country, and their patriotic and gallant devotion to its interests, as the means by which they would avoid subjecting themselves to it. In the course of his remarks, he adverted to the necessity of the Military Academy in reference to the attacks from time to time made upon it, maintaining the unquestionable necessity of a military education to prepare a man for command in the army; which education, he said, was only to be obtained at a military academy, or piece by piece to be picked up, at the hazard of loss of property and life, by the officer, after he was commissioned and under heavy pay. Mr. D. also touched briefly upon one or two other points.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 39-40

Speech of Jefferson Davis in House on April 17, 1846 on the Oregon question.

Mr. JEFFERSON DAVIS said, the closing remarks of the gentleman who had preceded him certainly invited a reply; but in consideration of the little time which remained of that allowed for this discussion and the number of gentlemen anxious to address the committee, he would only say, in answer to these remarks, that he repelled the assumption, that all who differed from the gentleman in his opinions upon Oregon, were so wanting in wisdom or patriotism as ignorantly or timidly to sacrifice American rights. Not always was it found that those who most readily entered into quarrel, bore themselves best after they were in. Sometimes the first to get into a row are the first who wish themselves out.

He declined to enter into the question of title. The ancient voyages of Spain—the ancient conventions in relation to the Northwest coast of America—seemed to him so little connected. with the subject before the committee, that he had listened to such speeches with the feelings of the Vicar of Wakefield, when he met the sharper of the fair in prison, and he commenced his recital on cosmogony. Stop! said the Vicar, sorry to interrupt so much learning, but I think I have heard all that before.

He would point out his most prominent objections to the bill, and before closing, would offer a substitute for its provisions. He said, the title of the bill met his entire approval. Our citizens in Oregon had a right to expect our protection. It was gratifying to him to witness the fact, that though they had gone beyond the exercise of our jurisdiction, they looked back and asked that the laws of their father-land might follow them; they invited the restraints of our legislation; thus giving the highest proof of their attachment, and paying the richest tribute to our institutions.

There is sufficient unanimity as to the propriety of extending our laws over American citizens in Oregon, to justify me in omitting that branch of the subject, and proceeding at once to inquire by what mode this may be effected. By the bill under discussion, it is proposed to extend the jurisdiction of the supreme court of Iowa, and the laws of said Territory, as far as applicable to that portion of the territory of the United States which lies west of the Rocky Mountains, and also over a belt of country east of those mountains and west of the Missouri river, and lying between the fortieth and forty-third parallel of north latitude.

Who here knows what the laws of Iowa are, still less what they may be; but this much we all may know, that from the difference in the condition and wants of the two countries, the one must be very poorly calculated to legislate for the other, and great confusion must ensue in the attempt to apply the wants of one to the other. He referred to the mining character of Iowa, which gave to her people and local legislation a character peculiar and inapplicable to Oregon. He denied the propriety of extending the laws of Iowa over the Indian country, considered such extension a violation of the principles which had heretofore controlled our intercourse with the Indian tribes, the principle which had been characteristic of our Government, contradistinguishing it from those of Europe, who had had intercourse with the aborigines of America. Our Government had always recognised the usufruct of the Indians of the territory possessed by them. Our jurisdiction over Indian country has heretofore been confined to regulating trade and intercourse with the Indian tribes, and serving process upon our own citizens within the Indian territory. This is to give force to the laws of Iowa over all the Indian country therein described; to wrest, without the just and liberal compensation we have heretofore paid for the extinguishment of Indian title, a belt of country on this side of the mountains, from the tribes who possess it, and, by the strong hand, to seize all which lies beyond.

He said, gentleman had frequently addressed us upon the rights of Great Britain and the conflicting claims of that Government and ours in the Oregon territory. By the conventions of 1818 and 1827, the title as between these two Governments was in abeyance. Let us strictly regard all our treaty stipulations with that rival claimant; but most especially let us respect the rights of the more helpless occupant, and more rightful possessor—the savage who originally held the country.

To this end, he said, he had drawn up, and would submit a substitute for the bill, violative of the rights of no one, in strict accordance with the usage of this Government, and, as he believed, most effective to preserve peace and order, and extend to our citizens in Oregon the benefits of our republican laws and institutions. It was the application, so far as suited to the circumstances, of the ordinance of 1787, for the government of the territory of the United States northwest of the Ohio river, and of the law of 1789, to render it more effectual. Under these, our citizens in the various territories of the northwest had passed from the condition of Indian country to the second grade of government. No question could arise in their application which had not been already adjudicated; and, therefore, in adopting this plan, we could distinctly see, and accurately judge, of the results it would produce. In view of the peculiar condition of the Oregon territory, he expected, by a proviso, that portion of the ordinance which refers to a general assembly; also substituted for the freehold qualification of officers required by that instrument the qualifications prescribed in the territory of Iowa, where no freehold is necessary, and had added a section securing to the British subjects in Oregon all the rights and privileges they derive from existing treaties, so long as those treaties shall continue. By this substitute it is proposed to provide for the appointment of a Governor, who should be ex officio superintendent of Indian affairs, and three judges. These officers appointed by the President, by and with the consent of the Senate, are to receive the same compensation as officers of a like grade in the Territory of Iowa. They are to be authorized to adopt such laws from the statutes of the different States of our Union as may be applicable to the condition of that country, the whole to be subject to the revision and approval of Congress.

Thus, sir, we shall be guarded against the dangers of extending the laws of a territory existing, and hereafter to be enacted without our knowledge, and above our control, likewise from any improper legislation which might result from a representative assembly in a mixed and unsettled colony. The officers of the Government thus constituted are authorized by proclamation to define the limits of the settlements of our citizens in Oregon, to which the Indian title has been, or may be extinguished, and within such settlement to locate the seat of government for the territory. Until the Indian title has been legally extinguished in some portion of the territory, it is a violation of the policy we have heretofore observed, and which stands upon our history a proud monument of humanity and justice, to locate our courts, and assume territorial jurisdiction in that country.

Having a point upon which to rest our territorial government, its process can thence extend into the Indian country around it to persons found therein, and subject to our jurisdiction. Now, by the act of 1834, a criminal might be arrested in the territory of Oregon, brought over to our courts in Missouri or Iowa for trial, as they are frequently arrested, and brought to trial from the Indian country east of the mountains.

From the various instances of erecting a territorial government in the manner proposed, he would detain the committee by a reference to but one—that of Wisconsin.

The United States held free from Indian title the small tract of land at Green Bay. Upon this they located their territorial officers; here the laws were administered: and hence a process issued into the remainder of the territory occupied by Indians.

The only difference between Wisconsin and Oregon, if any difference exists to vary our practice on this point, must arise from the joint-occupancy convention between England and the United States. To my mind this offers no obstacle.

Our settlements in Oregon are entirely within the limits within which we have actual, legal possession—our possession recognised by the Government of Great Britain before the joint convention was formed which is now said to impose upon us limitations.

Pending the negotiation of 1827, Mr. Gallatin informs us the American Plenipotentiary declined to agree to any convention containing an express provision against the exercise of any exclusive sovereignty over the territory. He says, in his letter dated January 22, 1846, referring to the negotiations of 1827, in relation to the territory west of the Stony Mountains, "The probability that it might become necessary for the United States to establish a territorial, or some sort of a government, over their own citizens, was explicitly avowed." Great Britain, through her mercantile corporation, the Hudson Bay Company, extends her laws over Oregon. We have none other than political corporations, through which to effect the same object on the part of the United States. The proposition he submitted was through a governor and judges, as the head of a territorial incorporation, to transmit the laws of the United States to her citizens residing beyond the practical extension of her organized jurisdiction.

This, he contended, we had a right to do under the existing convention with Great Britain; this was our duty to our own citizens, to the Indian inhabitants of that territory, and, as he believed, essential to the preservation of order, and the maintenance of our treaty obligations. This policy was unconnected with the termination of the convention of the joint occupancy with Great Britain, and should have been adopted long ago. It was necessary to limit the British act of 1821, which has found an excuse, in the absence of all other law, or "civil government," for an extension invasive of our rights, and injurious to our people.

With this brief explanation, and relying on the familiarity of the committee with the subject-matter it contained, he submitted his substitute to their consideration.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 40-4

Lieutenant-General William T. Sherman to Senator John Sherman, April 26, 1868

ST. LOUIS, April 26, 1868.

Dear Brother: I notice the Indians are getting restless.

*          *          *          *          *          *          *          *          *          *

This is natural, for the department has been unable to fulfil any of the promises we held out to them of ploughs, seed, cattle, etc., to begin their new life of peace.

I feel reluctant to go further in these naked promises, as I fear our Government is becoming so complicated, that it is very venturesome to make promises in advance. I have the written guarantee of the Secretary of the Interior and of the committees on Indian affairs, and will try and impress on the Indians that our work is preliminary and not final or conclusive. . . .

Affectionately,

W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 317-8

Lieutenant-General William T. Sherman to Senator John Sherman, September 23, 1868

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,        

Sept. 23, 1868.

Dear Brother:

*          *          *          *          *          *          *          *          *          *

The Indian War on the plains need simply amount to this. We have now selected and provided reservations for all, off the great roads. All who cling to their old hunting grounds are hostile and will remain so till killed off. We will have a sort of predatory war for years, every now and then be shocked by the indiscriminate murder of travellers and settlers, but the country is so large, and the advantage of the Indians so great, that we cannot make a single war and end it. From the nature of things we must take chances and clean out Indians as we encounter them.

Our troops are now scattered and have daily chases and skirmishes, sometimes getting the best and sometimes the worst, but the Indians have this great advantage, they can steal fresh horses when they need them and drop the jaded ones. We must operate each man to his own horse, and cannot renew except by purchase in a distant and cheap market.

I will keep things thus, and when winter starves their ponies they will want a truce and shan't have it, unless the civil influence compels me again as it did last winter.

If Grant is elected, that old Indian system will be broken up, and then with the annuities which are ample expended in connection with and in subordination to military movements, will soon bring the whole matter within easy control. Then there are $134,000 appropriated for the Cheyennes and Arapahoes, all of whom are at war, and yet the Indian Bureau contend they are forced by law to invest it in shoes, stockings, blankets, and dry goods for these very Indians. They don't want any of these things, but if it could be put in corn, salt, and cattle, we could detach half the hostiles and get them down on the Canadian, two hundred miles south of the Kansas road.

*          *          *          *          *          *          *          *          *          *

Grant is still at Galena, and I doubt if he will get to Washington till the November election is over. I have written to him to come down here to the Fair which begins October 5, but the Democrats are so strong and demonstrative here that I think he is a little turned against St. Louis. . . .

Yours affectionately,

W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 321-2

Speech of Congressman Jefferson Davis, February 6, 1846

Speech of Jefferson Davis delivered in the House Feb. 6, 1846, on the Oregon question.

Mr. JEFFERSON DAVIS addressed the committee during the hour. He knew not (he said) whether he more regretted the time at which this discussion has been introduced, or the manner in which it has been conducted. We were engaged in delicate and highly important negotiations with Mexico, the end of which we had hoped would be an adjustment of our boundary on terms the vast advantage of which it would be difficult to estimate. If, sir, (said Mr. D.,) by this exciting discussion we shall hereafter find that we have lost the key to the commerce of the Pacific, none who hears me will live long enough to cease from his regrets for the injury our country has sustained. Again, sir; a long peace has served to extend the bonds of commerce throughout the civilized world, drawing nations from remote quarters of the globe into friendly alliance and that mutual dependence which promised a lasting peace and unshackled commerce. In the East, there appeared a rainbow which promised that the waters of national jealousy and proscription were about to recede from the face of the earth, and the spirit of free trade to move over the face thereof. But this, sir, is a hope not so universally cherished in this House as I could desire. We have even been told that one of the advantages to result from war will be emancipation from the manufacturers of Manchester and Birmingham.

I hope, sir, the day is far distant when measures of peace or war will be prompted by sectional or class interests. War, sir, is a dread alternative, and should be the last resort; but when demanded for the maintenance of the honor of the country, or for the security and protection of our citizens against outrage by other Governments, I trust we shall not sit here for weeks to discuss the propriety, to dwell upon the losses, or paint the horrors of war.

Mr. Chairman, it has been asserted that the people demand action, and we must advance. Whilst, sir, I admit the propriety of looking to and reflecting public opinion, especially upon a question which is viewed as deciding between peace or war, I cannot respond to the opinion, nor consent to govern my conduct by the idea, that the public man who attempts to stem the current of a war excitement must be borne down, sacrificed on the altar of public indignation. Sir, may the day never come when there will be so little of public virtue and patriotic devotion among the representatives of the people, that any demagogue who chooses to make violent and unfounded appeals to raise a war clamor in the country will be allowed, unopposed, to mislead the people as to the true questions at issue, and to rule their representatives through their love of place and political timidity.

Mr. Chairman, I have been struck with surprise, only exceeded by mortification, at the freedom with which disgrace and dishonor have been mingled with the name of our country. Upon one side, to give notice, and involve the country in a war, is disgrace; upon the other side, not to give notice, to rest in our present position, is dishonor. And my colleague [MR. THOMPSON] says "notice" is the only way to avoid war; that to extend our laws over our people in Oregon is war—a war of disgrace. Sir, whence comes this decision, this new light upon the Oregon question? The leaders in the Oregon movement, in other times, held different views. And, sir, the discussions upon Oregon, at former periods, would certainly not suffer by a comparison with ours; nor, sir, did the commissioners who negotiated the convention of joint occupancy, either English or American, so understand it.

Mr. Gallatin has recently called public attention to the fact, that in 1827, our plenipotentiary refused to agree to any express provision that, in extending the convention of 1818, neither party should exercise any exclusive sovereignty over the territory. The probability that it might become necessary for the United States to establish a territorial or some sort of government over their own citizens was explicitly avowed. Sir, by discovery, exploration, and possession, we claimed exclusive sovereignty over the valley of the Columbia, and our exclusive possession as against England was admitted by the restoration of our posts in Oregon—the formal, actual surrender of Astoria. The convention for joint right to trade in Oregon did not destroy our exclusive possession of a part, nor limit the rights or powers we might exercise within their former bounds; and that this is the British construction, is sufficiently apparent by the assertion of rights as derived from the Nootka convention over the same territory.

Nothing can be more demonstrable than the unfitness of joint-occupation rights to an agricultural people. It was not designed so to operate, but was designed for a country in the hands of hunters, trappers, and Indian traders.

The Hudson Bay Company, so often represented as colonizing Oregon, has interests directly opposed to agricultural settlements. The fur-trappers have been (if my information is correct) aided in establishing themselves on the south side of Oregon. Fur-trading companies usually require their discharged hands to leave the country, and resist, instead of promoting, colonization of necessity destructive to their trade. The Puget Sound Company is agricultural, and its settlements are in violation of our convention with England; and the notice required is to forbid such infraction of the treaty. That no right to plant colonies can be deduced from the conventions of 1818 and 1827 is too plain to admit of argument. The claim, if any, must be drawn from the convention between England and Spain, called the Nootka convention. If that convention be still in force, it must be because it was the declaration of rights, not the grant of advantages; and thus, for the sake of argument, I will consider it.

That Spain had the exclusive right of occupation on the northwest coast of America, as far as her discoveries extended, was not denied; but the question was, Had she, without having occupied the country, an exclusive sovereignty over it? Denying this pretension of Spain, Great Britain demanded indemnification for the seizure of British vessels at Nootka sound by the Spanish authorities. This led to the agreement upon which Great Britain has built her claim to territory in the Oregon country. Before entering upon the consideration of the terms of the convention itself, I will refer to the events that led to it.

Long before the voyage of Meares, the port of Nootka sound was known to the Spanish navigators. It was the usual resort of the trading vessels in the north Pacific. Meares, in 1788, visited it, and built a vessel there. For the use of his men, he erected a hut on the shore, by permission of the Indian king, and threw some defences around it, enclosing (according to Vancouver) about an acre of land. Meares, in return for the kindness of the Indian, (Maquinna,) gave him a pair of pistols. In his narrative, he gives a detailed account of the transaction, but does not call it a purchase; that was an after-thought, and first figured in his memorial. Sir, if there had been nothing beyond the narrative of Meares, the temporary character of his location would be fully established. There it appears that when about to sail, leaving a part of his men behind him, he bribed the Indian king, by offering him the reversion of the hut and chattels on shore, to permit his men to remain in peace, and complete the building of the vessel they had commenced.

To show the character of Meares, the purpose of his voyages in the north Pacific, and the country along which Great Britain claimed the right to trade, I will refer to the work of an Englishman, contemporary with Meares, and one of the most enterprising of the navigators of the north Pacific. It is "Dixon's Voyage around the World." Thus it appears that Meares was a furtrader, and of poor character for his calling; and more important still, it appears that the coast, from Cook's river to King George's sound, was the extent of the region in which British cruisers traded. This, taken in connexion with the 5th article of the Nootka convention, serves to fix the latitude in which joint settlement would be permitted.

The message of the King of Great Britain, communicating the transaction at Nootka, refers only to the seizure of vessels; not a word about lands of which British subjects had been dispossessed.

And when the proposition to vote an address of thanks to his Majesty for the conduct and successful termination of the negotiation, neither in the House of Lords or Commons did any one claim an acquisition of territory; and to the bitter irony and severe assaults of Mr. Fox upon the position in which the territorial pretensions of England had been left, his great rival, Mr. Pitt, then minister, made no reply, but pressed the commercial advantages gained by England.

The only link remaining to be supplied, and which completes the claim of construction, is the examination and final action of Quadra and Vancouver, when sent as commissioners to carry out the first article of the convention.

If, then, no tracts of land could be found which had been purchased by Meares; if no buildings of which he had been dispossessed, and the Spanish flag was never struck to that of Great Britain, Spain still maintaining her settlement at Nootka; the parallel north of which the joint right of settlement exists must be drawn through the northern extremity of Quadra and Vancouver's island; the established rule of nations being, that settlement on an island is held to extend to the whole of the island.

Oregon territory, then, is divided into a portion where we have possession above the treaty, and over which we can exercise all the rights not inconsistent with the trade permitted to England; another portion, in which, admitting the Nootka convention to be still in force, we have, with England, a joint right of trade and settlement; this being limited to the south by a line down through the head of the Quadra and Vancouver island. Between these portions, if there be any territory, it is in the condition of a joint right in England and the United States to occupy for fur trade, and the agricultural settlements are in violation of the spirit of the treaty.

Whenever the joint right by convention ceases, we must at once assert our exclusive right, or thenceforward possession matures into right on the part of Great Britain. During the continuance of the convention the title remains unimpaired; we are in possession; can establish over the undisputed part of the territory whatever regulations may be necessary to promote good order, and encourage emigration of agriculturists. Between England and the United States, the party having bread in Oregon must triumph.

No army can be sustained there for any considerable time by either country if the food must be transported from abroad to support it.

Never had man better right to cry "save me from my friends" than the President of the United States on this occasion. His positive recommendation has been made subordinate to his suggestion. He has urged to extend protection to our citizens in Oregon, but advised that notice be given to terminate the treaty of joint occupancy for reasons given. All this has been reversed, and the positive, unqualified declaration of a perfect title to the whole of Oregon up to 54° 40' comes strangely from those who claim to support an Administration that has offered nearly the same compromise line which had been time and again proposed by his predecessors. Sir, for the honor of my country, I hope that we have not been for thirty years negotiating when there was no conflicting claim; and for past as for the present Executive, I utterly deny that they have ever proposed to cede away a part of the territory, when our title was complete, to appease the voracious demands of England. It was a difficult and doubtful question; it was the adjustment of an undefined boundary. If the President should find himself compelled to close this question in twelve months, without any appropriation, without any preparation, he will be constrained to choose between compromise or war measures with the country unprepared. This will be the result of our action; and if he should effect a treaty by such a boundary as will not compromise the honor of the country, I for one-much, sir, as I wish to retain the whole territory—will give my full support as heretofore, and prepare for my share of whatever responsibility attaches. Sir, why has the South been assailed in this discussion? Has it been with the hope of sowing dissension between us and our western friends? Thus far, I think it has failed. Why the frequent reference to the conduct of the South on the Texas question? Sir, those who have made reflections on the South, as having sustained Texas annexation from sectional views, have been of those who opposed that great measure, and are most eager for this. The suspicion is but natural in them. But, sir, let me tell them that this doctrine of the political balance between different portions of the Union is no southern doctrine. We, sir, advocated the annexation of Texas from high national considerations; it was not a mere southern question; it lay coterminous to the Western States, and extended as far north as 42d degree of latitude; nor, sir, do we wish to divide the territory of Oregon; we would preserve it all for the extension of our Union. We would not arrest the onward progress of our pioneers. We would not, as has been done in this debate, ask why our citizens have left the repose of civil government and gone to Oregon? We find in it but that energy which has heretofore been characteristic of our people, and which has developed much that has illustrated our history. It is the onward progress of our people towards the Pacific, which alone can arrest their westward march; and on the banks of which, to use the idea of our lamented Linn, the pioneer will sit down to weep that there are no more forests to subdue. Sir, the gentleman from Missouri has, in claiming credit to different States for services in time past, wandered round Mississippi, and passed over it unnoticed. I wish not to eulogize my State, but, thus drawn to my notice, let me tell him that at Pensacola, at Bowyer, in the Creek campaigns, and on the field to which he specially alluded, (New Orleans,) the people of Mississippi have performed services that give earnest for the future, and relieve her sons of the necessity of offering pledges for her. It was Mississippi dragoons, led by her gallant Hinds, that received from the commanding general the high commendation of having been the admiration of one army and the wonder of the other.

It is as the representative of a high-spirited and patriotic people that I am called on to resist this war clamor. My constituents need no such excitements to prepare their hearts for all that patriotism demands. Whenever the honor of the country demands redress, whenever its territory is invaded, if then it shall be sought to intimidate by the fiery cross of St. George—if then we are threatened with the unfolding of English banners, if we resent or resist—from the gulf shore to the banks of that great river—throughout the length and breadth, Mississippi will come. And whether the question be one of northern or southern, of eastern or western aggression, we will not stop to count the cost, but act as becomes the descendants of those who, in the war of the Revolution, engaged in unequal strife to aid our brethren of the North in redressing their injuries.

Sir, we are the exposed portion of the Union, and nothing has been done by this Government adequate to our protection. Yet, sir, in the language of our patriotic Governor on a recent occasion, if "war comes, though it bring blight and desolation, yet we are ready for the crisis." We despise malign predictions, such as the member from Ohio who spoke early in these debates, made, and turn to such sentiments as those of another member from that State, the gentleman near me. In these was recognised the feelings of our western brethren, who, we doubt not, whenever the demand shall exist, will give proof of such valor as on former occasions they have shown; and if our plains should be invaded, they will come down to the foe like a stream from the rock.

Sir, when ignorance and fanatic hatred assail our domestic institutions, we try to forgive them for the sake of the righteous among the wicked—our natural allies, the Democracy of the North. We turn from present hostility to former friendship from recent defection, to the time when Massachusetts and Virginia, the stronger brothers of our family, stood foremost and united to defend our common rights. From sire to son has descended the love of our Union in our hearts, as in our history are mingled the names of Concord and Camden, of Yorktown and Saratoga, of Moultrie and Plattsburg, of Chippewa and Erie, of Bowyer and Guilford, and New Orleans and Bunker Hill. Grouped together, they form a monument to the common glory of our common country. And where is the southern man who would wish that monument were less by one of the northern names that constitute the mass? Who, standing on the ground made sacred by the blood of Warren, could allow sectional feeling to curb his enthusiasm as he looked upon that obelisk which rises a monument to freedom's and his country's triumph, and stands a type of the time, the men, and the event that it commemorates, built of material that mocks the waves of time, without niche or moulding for parasite or creeping thing to rest on, and pointing like a finger to the sky to raise man's thought to philanthropic and noble deeds.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 29-35

Constitution of the Commonwealth of Virginia, June 29, 1776

[Unanimously Adopted, June 29, 1776]

In a General Convention.

Begun and holden at the Capitol, in the City of Williamsburg, on Monday the sixth day of May, one thousand seven hundred and seventy six, and continued, by adjournments to the day of June following:

A CONSTITUTION, OR FORM OF GOVERNMENT,

agreed to and resolved upon by the Delegates and Representatives of the several Counties and Corporations of Virginia.

Whereas George the Third, King of Great Britain and Ireland, and Elector of Hanover, heretofore intrusted with the exercise of the Kingly Office in this Government, hath endeavoured to pervert the same into a detestable and insupportable Tyranny; by putting his negative on laws the most wholesome and necessary for the publick good;

by denying his Governours permission to pass Laws of immediate and pressing importance, unless suspended in their operation for his assent, and, when so suspended, neglecting to attend to them for many Years;

by refusing to pass certain other laws, unless the persons to be benefited by them would relinquish the inestimable right of representation in the legislature;

by dissolving legislative assemblies repeatedly and continually, for opposing with manly firmness his invasions of the rights of the people;

when dissolved, by refusing to call others for a long space of time, thereby leaving the political system without any legislative head;

by endeavouring to prevent the population of our Country, and, for that purpose, obstructing the laws for the naturalization of foreigners;

by keeping among us, in times of peace, standing Armies and Ships of war;

by affecting to render the Military independent of, and superiour to, the civil power;

by combining with others to subject us to a foreign Jurisdiction, giving his assent to their pretended Acts of Legislation;

for quartering large bodies of armed troops among us;

for cutting off our Trade with all parts of the World;

for imposing Taxes on us without our Consent;

for depriving us of the Benefits of Trial by Jury;

for transporting us beyond Seas, to be tried for pretended Offences;

for suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all Cases whatsoever;

by plundering our Seas, ravaging our Coasts, burning our Towns, and destroying the lives of our People;

by inciting insurrections of our fellow Subjects, with the allurements of forfeiture and confiscation;

by prompting our Negroes to rise in Arms among us, those very negroes whom, by an inhuman use of his negative, he hath refused us permission to exclude by Law;

by endeavouring to bring on the inhabitants of our Frontiers the merciless Indian savages, whose known rule of Warfare is an undistinguished Destruction of all Ages, Sexes, and Conditions of Existance;

by transporting, at this time, a large Army of foreign Mercenaries, to compleat the Works of Death, desolation, and Tyranny, already begun with circumstances of Cruelty and Perfidy unworthy the head of a civilized Nation;

by answering our repeated Petitions for Redress with a Repetition of Injuries;

and finally, by abandoning the Helm of Government, and declaring us out of his Allegiance and Protection;

By which several Acts of Misrule, the Government of this Country, as formerly exercised under the Crown of Great Britain, is totally dissolved; We therefore, the Delegates and Representatives of the good People of Virginia, having maturely considered the Premises, and viewing with great concern the deplorable condition to which this once happy Country must be reduced, unless some regular adequate Mode of civil Polity is speedily adopted, and in Compliance with a Recommendation of the General Congress, do ordain and declare the future Form of Government of Virginia to be as followeth:

The legislative, executive, and judiciary departments, shall be separate and distinct, so that neither exercise the Powers properly belonging to the other; nor shall any person exercise the powers of more than one of them at the same time, except that the Justices of the County Courts shall be eligible to either House of Assembly.

The legislative shall be formed of two distinct branches, who, together, shall be a complete Legislature. They shall meet once, or oftener, every Year, and shall be called the General Assembly of Virginia.

One of these shall be called the House of Delegates, and consist of two Representatives to be chosen for each County, and for the District of West Augusta, annually, of such Men as actually reside in and are freeholders of the same, or duly qualified according to Law, and also of one Delegate or Representative to be chosen annually for the city of Williamsburg, and one for the Borough of Norfolk, and a Representative for each of such other Cities and Boroughs, as may hereafter be allowed particular Representation by the legislature; but when any City or Borough shall so decrease as that the number of persons having right of Suffrage therein shall have been for the space of seven Years successively less than half the number of Voters in some one County in Virginia, such City or Borough thenceforward shall cease to send a Delegate or Representative to the Assembly.

The other shall be called the Senate, and consist of twenty four Members, of whom thirteen shall constitute a House to proceed on Business for whose election the different Counties shall be divided into twenty four districts, and each County of the respective District, at the time of the election of its Delegates, shall vote for one Senator, who is actually a resident and freeholder within the District, or duly qualified according to Law, and is upwards of twenty five Years of Age; And the sheriff of each County, within five days at farthest after the last County election in the District, shall meet at some convenient place, and from the Poll so taken in their respective Counties return as a Senator to the House of Senators the Man who shall have the greatest number of Votes in the whole District. To keep up this Assembly by rotation, the Districts shall be equally divided into four Classes, and numbered by Lot. At the end of one Year after the General Election, the six Members elected by the first division shall be displaced, and the vacancies thereby occasioned supplied from such Class or division, by new Election, in the manner aforesaid. This Rotation shall be applied to each division, according to its number, and continued in due order annually.

The right of Suffrage in the Election of Members for both Houses shall remain as exercised at present, and each House shall choose its own Speaker, appoint its own Officers, settle its own rules of proceding, and direct Writs of Election for supplying intermediate vacancies.

All Laws shall originate in the House of Delegates, to be approved or rejected by the Senate or to be amended with the Consent of the House of Delegates; except Money Bills, which in no instance shall be altered by the Senate but wholly approved or rejected.

A Governour, or chief Magistrate, shall be chosen annually, by joint Ballot of both Houses, (to be taken in each House respectively, deposited in the Conference room, the Boxes examined jointly by a Committee of each House, and the numbers severally reported to them, that the appointments may be entered, which shall be the mode of taking the joint Ballot of both Houses in all Cases) who shall not continue in that office longer than three Years successively, nor be eligible until the expiration of four Years after he shall have been out of that office: An adequate, but moderate Salary, shall be settled on him during his Continuance in Office; and he shall, with the advice of a Council of State, exercise the Executive powers of Government according to the laws of this Commonwealth; and shall not, under any pretence, exercise any power or prerogative by virtue of any Law, statute, or Custom, of England; But he shall, with the advice of the Council of State, have the power of granting reprieves or pardons, except where the prosecution shall have been carried on by the House of Delegates, or the Law shall otherwise particularly direct; in which Cases, no reprieve or Pardon shall be granted but by resolve of the House of Delegates.

Either House of the General Assembly may adjourn themselves respectively: The Governour shall not prorogue or adjourn the Assembly during their setting, nor dissolve them at any Time; but he shall, if necessary, either by advice of the Council of State, or on application of a Majority of the House of Delegates, call them before the time to which they shall stand prorogued or adjourned.

A Privy Council, or Council of State, consisting of eight Members, shall be chosen by joint Ballot of both Houses of Assembly, either from their own Members or the People at large, to assist in the Administration of Government. They shall annually choose out of their own Members, a President, who, in case of the death, inability, or necessary absence of the Governour from the Government, shall act as lieutenant Governour. Four Members shall be sufficient to act, and their Advice and proceedings shall be entered of Record, and signed by the Members present (to any part whereof any Member may enter his dissent) to be laid before the General Assembly, when called for by them. This Council may appoint their own Clerk, who shall have a Salary settled by Law, and take an Oath of Secrecy in such matters as he shall be directed by the Board to conceal. A sum of Money appropriated to that purpose shall be divided annually among the Members, in proportion to their attendance; and they shall be incapable, during their continuance in Office, of sitting in either House of Assembly. Two Members shall be removed, by joint Ballot of both houses of Assembly at the end of every three Years, and be ineligible for the three next years. These Vacancies, as well as those occasioned by death or incapacity, shall be supplied by new Elections, in the same manner.

The Delegates for Virginia to the Continental Congress shall be chosen annually, or superseded in the mean time by joint Ballot of both Houses of Assembly.

The present Militia Officers shall be continued, and Vacancies supplied by appointment of the Governour, with the advice of the privy Council, or recommendations from the respective County Courts; but the Governour and Council shall have a power of suspending any Officer, and ordering a Court-Martial on Complaint for misbehaviour or inability, or to supply Vacancies of Officers happening when in actual Service. The Governour may embody the Militia, with the advice of the privy Council; and, when embodied, shall alone have the direction of the Militia under the laws of the Country.

The two Houses of Assembly shall, by joint Ballot, appoint judges of the supreme Court of Appeals, and General Court, Judges in Chancery, Judges of Admiralty, Secretary, and the Attorney-General, to be commissioned by the Governour, and continue in Office during good behaviour. In case of death, incapacity, or resignation, the Governour, with the advice of the privy Council, shall appoint Persons to succeed in Office, to be approved or displaced by both Houses. These Officers shall have fixed and adequate Salaries, and, together with all others holding lucrative Offices, and all Ministers of the Gospel of every Denomination, be incapable of being elected Members of either House of Assembly, or the privy Council.

The Governour, with the Advice of the privy Council, shall appoint Justices of the Peace for the Counties; and in case of Vacancies, or a necessity of increasing the number hereafter, such appointments to be made upon the recommendation of the respective County Courts. The present acting Secretary in Virginia, and Clerks of all the County Courts, shall continue in Office. In case of Vacancies, either by death, incapacity, or resignation, a Secretary shall be appointed as before directed, and the Clerks by the respective Courts. The present and future Clerks shall hold their Offices during good behaviour, to be judged of and determined in the General Court. The Sheriffs and Coroners shall be nominated by the respective Courts, approved by the Governour with the advice of the privy Council, and commissioned by the Governour. The Justices shall appoint Constables, and all fees of the aforesaid Officers be regulated by law.

The Governour, when he is out of Office, and others offending against the State, either by Mal-administration, Corruption, or other Means, by which the safety of the State may be endangered, shall be impeachable by the House of Delegates. Such impeachment to be prosecuted by the Attorney General, or such other Person or Persons as the House may appoint in the General Court, according to the laws of the Land. If found guilty, he or they shall be either for ever disabled to hold any Office under Government, or removed from such Office Pro tempore, or subjected to such Pains or Penalties as the laws shall direct.

If all, or any of the Judges of the General Court, should, on good grounds (to be judged of by the House of Delegates) be accused of any of the Crimes or Offences before-mentioned, such House of Delegates may, in like manner, impeach the Judge or Judges so accused, to be prosecuted in the Court of Appeals; and he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding Clause.

Commissions and Grants shall run, In the Name of the Common Wealth of Virginia, and bear teste by the Governour, with the Seal of the Common wealth annexed. Writs shall run in the same manner, and bear teste by the Clerks of the several Courts. Indictments shall conclude, Against the Peace and Dignity of the Common-Wealth.

A Treasurer shall be appointed annually, by joint Ballot of both Houses.

All escheats, penalties, and forfeitures, heretofore going to the King, shall go to the Common Wealth, save only such, as the Legislature may abolish, or otherwise provide for.

The territories contained within the Charters erecting the Colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and forever confirmed to the People of those Colonies respectively, with all the rights of property, jurisdiction, and Government, and all other rights whatsoever which might at any time heretofore have been claimed by Virginia, except the free Navigation and use of the Rivers Potowmack and Pohomoke, with the property of the Virginia Shores or strands bordering on either of the said Rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall in all other respects stand as fixed by the Charter of King James the first, in the Year one thousand six hundred and nine, and by the publick Treaty of Peace between the Courts of Great Britain and France in the year one thousand seven hundred and sixty three; Unless by act of this legislature, one or more Territories shall hereafter be laid off, and Governments established Westward of the Allegheny Mountains. And no purchases of Land shall be made of the Indian Natives but on behalf of the Publick, by authority of the General Assembly.

In order to introduce this Government, the Representatives of the People met in Convention shall choose a Governour and privy Council, also such other Officers directed to be chosen by both Houses as may be judged necessary to be immediately appointed. The Senate, to be first chosen by the people, to continue until the last day of March next, and the other Officers until the end of the succeeding Session of Assembly. In case of Vacancies, the Speaker of either House shall issue Writs for new Elections.

SOURCE: Julian P. Boyd, Editor, The Papers of Thomas Jefferson, Volume 1: January 1760 to December 1776, p. 377-83

Lieutenant-General William T. Sherman to Senator John Sherman, September 28, 1867

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,        

ST. LOUIS, Sept. 28, 1867.

Dear Brother:

*          *          *          *          *          *          *          *          *          *

We have now been near two months on the Indian Commission, and I can pretty closely judge of the result. It cannot be complete or final, because it will take years to do all the law requires, and I suppose the pressure will force Congress to do something conclusive this winter. According to existing treaties with Indians, they have a right to wander and hunt across all the railroads toward the West, and Henderson thinks we had no right to locate roads through without a prior assent, and by the payment of damages. Whether right or wrong, those roads will be built, and everybody knows that Congress, after granting the charts and fixing the routes, cannot now back out and surrender the country to a few bands of roving Indians. Henderson says, also, that the demand of these railroads, stage, telegraph, and other lines on me for military aid or protection were not contemplated, but that these companies took their franchises and contracts with a full knowledge of the difficulties. Now I and all who have gone before me have acted on the general theory that when Congress located a road, that it amounted to an implied promise to give reasonable military protection. However, by the time Congress meets, we can, I think, submit to you some general plan that is practicable, and will in time not at once - attain a result. . .

Yours,

W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 296

Lieutenant-General William T. Sherman to Senator John Sherman, about January 8, 1867

I see occasionally that a move in Congress is made about the Mormons. We shall this year and next have our hands full with the Indians, and the conflict of races in the South, without begging any new cause of trouble. As I am interested, I want you to know that my opinion is emphatic that we should attempt nothing with the Mormons until the railroad is finished as far as Fort Bridges. That cannot be until about the year 1869. As long as cases have to be tried by juries, all laws counter to the prejudice of the whole people are waste paper.

I got your letter a few days ago, and am glad you feel so confident of the political situation. I am not alarmed at the fact that universal suffrage-blacks, whites, Chinese, and Indians is to be the basis, but the devil comes in when we shall be forced to contract the right of suffrage. It is easy enough to roll down hill, but the trouble is in getting back again; but I am out and shall keep out. G. W. Custer, Lieutenant-Colonel Seventh Cavalry, is young, very brave, even to rashness, a good trait for a cavalry officer. He came to duty immediately on being appointed, and is ready and willing now to fight the Indians. He is in my command, and I am bound to befriend him. I think he merits confirmation for military service already rendered, and military qualities still needed—youth, health, energy, and extreme willingness to act and fight.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 288-9

Senator John Sherman to Lieutenant-General William T. Sherman, July 15, 1867

UNITED STATES SENATE, July 15, 1867.

Dear Brother: . . . I have no time to write you more as to my trip, except to convey the earnest personal message sent by Emperor Louis Napoleon to you. He asked me to say to you, in his name, that he considered you the genius of our war, and that he had for you as a military man the highest regard. He and his Court treated me with unusual attention, no doubt partly on your account. You would have been received with much heartiness. While I am glad you abandoned that excursion, yet I hope you will arrange to go this winter to Paris and London.

The Indian War is an inglorious one. We shall probably pass a bill to authorize you and others to make a treaty with the Indians, with a view to gather them into reservations. I have many things to write about, but must defer them for the present.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 290

Lieutenant-General William T. Sherman to Senator John Sherman, July 16, 1867

[July 16, 1867.]

I have good Department Commanders, but the country is so large, and the Indians so scattered, that we cannot foresee where they will turn up. Not only real depredations are committed, but every fear, or apprehension, on whatever it may be founded, is published, and protection claimed and demanded. . .

You have doubtless heard much of the war. The fact is, this contact of the two races has caused universal hostility, and the Indians operate in small, scattered bands, avoiding the posts and well-guarded trains, and hitting little parties who are off their guard. I have a much heavier force on the plains, but they are so large that it is impossible to guard at all points, and the clamor for protection everywhere has prevented our being able to collect a large force to go into the country where we believe the Indians have hid their families; viz., up on the Yellowstone, and down on the Red River. I see it stated the Indian War is costing a million a week. This cannot be; for I have not employed anything but the regular troops or the regular appropriations, except from companies of Kansas volunteers, who know they can't get any pay at all till Congress appropriates.

I have sent full reports to Washington, and hope Congress now will act in one way or the other. A commission going out can meet only little squads of Indians. They are scattered from Minnesota to Texas, and if they make treaties they won't last twenty-four hours.

We must fight the Indians, and force them to collect in agreed-on limits far away from the continental roads. I do think this subject as important as Reconstruction.

Affectionately yours,

W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 290-1

Lieutenant-General William T. Sherman to Senator John Sherman, October 20, 1866

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

ST. LOUIS, Mo., Oct. 20, 1866.

Dear Brother: I got back all safe and well the day before yesterday, having met no trouble whatever, notwithstanding the many rumors of Indian troubles. These are all mysterious, and only accountable on the supposition that our people out West are resolved on trouble for the sake of the profit resulting from military occupation. I kept the same ambulances, and made the very route I had prescribed to myself by Garland, Lyon, etc., to Ellsworth, Riley, etc. The railroad is finished to Riley, so that I came all the way thence in cars.

I see rumors of my being called to Washington. Of this I know nothing, and if offered I shall decline. I must keep clear of politics in all its phases, for I must serve any administration that arises. I am not aware that I have ever on paper expressed any opinion of this seeming conflict between Congress and the President. I deplore it as much as you do, and still hope that some solution will be found. . .

Affectionately,

W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 277

Lieutenant-General William T. Sherman to Senator John Sherman, October 31, 1866

WASHINGTON, Oct. 31, 1866.

Dear Brother: I got your letter, and have this morning answered by telegraph, but wish to write more fully. When here last winter, I did not call to say good-by to the President, and wrote him a good letter of apology, enclosing my good wishes for his success in his professed desire to accomplish in his term of office the restoration of Civil Government all over our land. When I got in to Riley I received a despatch from the President, asking leave to publish it. I answered that he could publish anything I ever wrote if it would do any good, if Mr. Stanbury would advise it, but desiring, if possible, to avoid any controversy. On this he did not publish, and I have not made any request in the premises. I don't believe he will publish it, and I don't care much, for it contains nothing more than I thought then; viz., in February last, when I got here, there was a move to send Grant to Mexico with Campbell in an advisory capacity. Grant could not then be put to one side in that way, and on my arrival I found out that the President was aiming to get Grant out of the way, and me in, not only as Secretary of War but to command the army, on the supposition that I would be more friendly to him than Grant. Grant was willing that I should be Secretary of War, but I was not. I would not be put in such a category, and after much pro and con we have settled down that I shall go with Campbell. The Secretary of the Navy is preparing a steamer for us, and it will be ready next week at New York, when we will go forth to search for the Governor of Mexico; not a task at all to my liking, but I cheerfully consented because it removes at once a crisis. Both Grant and I desire to keep plainly and strictly to our duty in the Army, and not to be construed as partisans. We must be prepared to serve every administration as it arises. We recognize Mr. Johnson as the lawful President, without committing ourselves in the remotest degree to an approval or disapproval of his specific acts. We recognize the present Congress as the lawful Congress of the United States, and its laws binding on us and all alike, and we are most anxious to see, somehow or other, the Supreme Court brought in to pass on the legal and constitutional differences between the President and Congress.

We see nothing objectionable in the proposed amendments to the Constitution, only there ought to have been some further action on the part of Congress committing it to the admission of members when the amendments are adopted; also the minor exceptions to hold office, etc., should be relaxed as the people show an adherence to the national cause. I feel sure the President is so in the habit of being controlled by popular majorities that he will yield—save he may argue against Congress and in favor of his own past-expressed opinions. Congress should not attempt an impeachment or interference with the current acts of the executive unless some overt act clearly within the definition of the Constitution be attempted, of which I see no signs whatever. Some very bad appointments have been made, but I find here that he was backed by long lists of names that were Union men in the war. Of course our army cannot be in force everywhere: to suppress riots in the South, Indians in that vast region, only a part of which we saw, where whites and Indians both require watching, and the thousand and one duties that devolve on us. This army can never be used in the political complications, nothing more than to hold arsenals, depots, etc., against riots, or to form the nucleus of an army of which Congress must provide the laws for government and the means of support. Neither the President nor Congress ought to ask us of the army to manifest any favor or disfavor to any political measures. We are naturally desirous for harmonious action for peace and civility. We naturally resist the clamor of temporary popular changes, but as each administration comes in we must serve its executive and the War Department with seeming friendship.

I have called on Mr. Stanton, who received me with all cordiality, and placed at my disposal ample means to execute my present task with ease and comfort.

I start from here to-night, and shall reach St. Louis on Friday night, ready to start for New York as soon as the vessel is ready and as soon as Campbell is ready, say all next week. . . . I don't know that I can come by, say way of Mansfield, as, you see, I must move fast, staying every spare minute I can at home. Write me fully, and let us all pull together and get past this present difficulty; then all will be well. . .

Yours affectionately,

W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 279-82

Major General William T. Sherman to Senator John Sherman, February 23, 1866

HEADQUARTERS MILITARY DIVISION                

OF THE MISSISSIPPI,        

ST. LOUIS, Feb. 23, 1866.

Dear Brother: The political aspect now is interesting to a looker-on. Sumner and Stevens would have made another civil war inevitably the President's antagonistic position saves us war save of words, and as I am a peace man I go for Johnson and the Veto.

I recollect that Congress is but one of three co-ordinate branches of the Government. I want to hear the Supreme Court manifest itself, and then can guess at the conclusion. . . . Let Johnson fight it out with Sumner, who, though sincere, represents an antagonism as ultra as of Davis himself. Both are representative men, and it will be a pity if the great mass of our people have to go on fighting forever to demonstrate the fallacy of extreme opinions.

The Republican party has lost forever the best chance they can ever expect of gaining recruits from the great middle class who want peace and industry. The white men of this country will control it, and the negro, in mass, will occupy a subordinate place as a race. We can secure them the liberty now gained, but we cannot raise them to a full equality in our day, even if at all. Had the Republicans graciously admitted the great principle of representation, leaving members to take the Ironclad Oath, you would have secured the active cooperation of such men as Sharkey, Parsons, Wm. A. Graham, Johnson, and others of the South, and it would not be many years before some of these States would have grown as rabid as Missouri, Maryland, and Arkansas are now disposed to be. The foolish querulousness of the Secessionists untamed would soon make a snarlish minority in their own States. Now, however, by the extreme measures begun and urged with so much vindictiveness, Sumner has turned all the Union people South as well as of the West against the party. . . . It is surely unfortunate that the President is thus thrown seemingly on the old mischievous anti-war Democrats, but from his standpoint he had no alternative. To outsiders it looks as though he was purposely forced into that category.

I know that the Freedmen Bureau Bill, and that for universal suffrage in the District, are impracticable and impolitic. Better let them slide, and devote time to putting the actual Government into the best shape the country admits of, letting other natural causes produce the results you aim at. Whenever State Legislatures and people oppress the negro they cut their own throats, for the negro cannot again be enslaved. Their mistakes will work to the interests of the great Union party.

I can readily understand what the effect must be in your circle. How difficult it is to do anything, but if Congress does nothing it will be the greatest wisdom; for the business relations opening throughout the South will do more to restore peace and prosperity than all the laws that could be published in six months.

I think Mr. Johnson would consent to a modification of the Constitution to change the basis of representation to suit the changed condition of the population South, but at is all he can or should do. . .

We need the Army Bills¹ to get to work. I will have to abandon all the remote settlements to the chances of the Indians, for even after the bill passes, it will take months to enlist the men, and in the meantime all volunteers are clamorous for discharge, and must be discharged as soon as winter lets them come in.

Affectionately,

W. T. SHERMAN.

_______________

¹ The bills providing for the reorganization of the army.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 263-5

In The Review Queue: Lincoln and Native Americans

Lincoln and Native Americans

By Michael S. Green

President Abraham Lincoln ordered the largest mass execution of Indigenous people in American history, following the 1862 uprising of hungry Dakota in Minnesota and suspiciously speedy trials. He also issued the largest commutation of executions in American history for the same act. But there is much more to the story of Lincoln’s interactions and involvement, personal and political, with Native Americans, as Michael S. Green shows. His evenhanded assessment explains how Lincoln thought about Native Americans, interacted with them, and was affected by them.

Although ignorant of Native customs, Lincoln revealed none of the hatred or single-minded opposition to Native culture that animated other leaders and some of his own political and military officials. Lincoln did far too little to ease the problems afflicting Indigenous people at the time, but he also expressed more sympathy for their situation than most other politicians of the day. Still, he was not what those who wanted legitimate improvements in the lives of Native Americans would have liked him to be.

At best, Lincoln’s record is mixed. He served in the Black Hawk War against tribes who were combating white encroachment. Later he supported policies that exacerbated the situation. Finally, he led the United States in a war that culminated in expanding white settlement. Although as president, Lincoln paid less attention to Native Americans than he did to African Americans and the Civil War, the Indigenous population received considerably more attention from him than previous historians have revealed.

In addition to focusing on Lincoln’s personal and familial experiences, such as the death of his paternal grandfather at the hands of Indians, Green enhances our understanding of federal policies toward Native Americans before and during the Civil War and how Lincoln’s decisions affected what came after the war. His patronage appointments shaped Indian affairs, and his plans for the West would also have vast consequences. Green weighs Lincoln’s impact on the lives of Native Americans and imagines what might have happened if Lincoln had lived past the war’s end. More than any many other historians, Green delves into Lincoln’s racial views about people of color who were not African American.

About the Author

Michael S. Green, an associate professor of history at University of Nevada, Las Vegas, is the author or editor of three books on the Civil War, including Lincoln and the Election of 1860 (Southern Illinois University Press) and Politics and America in Crisis: The Coming of the Civil War, and several books on Nevada, as well as dozens of articles and essays. He is on the editorial advisory board of the University of Nevada Press and is the executive director of the Pacific Coast Branch of the American Historical Association.

ISBN 978-0809338252, Southern Illinois University Press, © 2021, Hardcover, 176 pages, Photographs, Illustrations, End Notes, Bibliography & Index. $24.63. To purchase this book click HERE.

Albert Pike

Lawyer, Poet.

Albert Pike, lawyer, poet, philologist, and for many years prior to his death the highest Masonic dignitary in the United States, was born in Boston, Massachusetts, December 29, 1809, and died in Washington City, April 2, 1891.

In early childhood he removed to Newburyport, in the same State, at which place and at Framingham he received his early education. In 1825 he entered Harvard College, supporting himself at the same time by teaching. Having studied at home for the junior class and passed the examination to enter in 1826, he found that the tuition of the two previous years was required to be paid, and, declining to do this, he completed his own education, teaching the meanwhile at Fairhaven and Newburyport, where he was principal of the grammar school, and afterwards conducted a private school of his own. In later years the degree of Master of Arts was conferred upon him by the faculty of Harvard College. In March, 1831, he went to the west, going with a trading party as far as Santa Fe, New Mexico. In September, 1832, he joined a trapping party at Taos, with which he went down the Pecos river and into the Staked Plains, where with four others he left the party and, traveling for the most part on foot, reached Fort Smith, Arkansas, December 10, 1832. His adventures during these expeditions, in which he underwent many hardships, are related in his volume of "Prose Sketches and Poems," published in 1834. While teaching in 1833, below Van Buren and on Little Piney river, he contributed articles to the Little Rock "Advocate," which attracted the attention of Robert Crittenden, through whom he was made assistant editor of that paper, of which he afterwards became owner and conducted it for upwards of two years. In 1835 he was admitted to the bar. He had read only the first volume of "Blackstone's Commentaries," but the judge of the territorial superior court said, as he gave the license, that it was not like giving a medical diploma, because as a lawyer he could not take anyone's life. He subsequently made an extensive study of the law, being his own teacher, and practiced his profession until the outbreak of the Mexican War, when he recruited a company of cavalry, and was present at the battle of Buena Vista, being attached to Colonel Charles May's squadron of dragoons In 1848 he fought a duel with Governor John S. Roane, on the occasion of an account of that battle written by him, and which Governor Roane considered reflected unjustly on the Arkansas regiment.

In 1849 he was admitted to the bar of the Supreme Court of the United States, at the same time with Abraham Lincoln and Hannibal Hamlin. A famous case pleaded by him before that tribunal was the claim of Henry M. Rector for the famous Hot Springs property in Arkansas. In 1853 he transferred his law office to New Orleans, having, in preparation for practice before the court of Louisiana, read the "Pandects," making a translation into English of the first volume, as well as numerous French authorities, and he also wrote an unpublished work in three volumes upon "The Maxims of the Roman and French Law." He resumed practice in Arkansas in 1857. In 1859, having been for many years attorney for the Choctaw Indians, in association with three others he secured the award by the United States Senate to that tribe of $2,981,247. He was the first proposer of a Pacific railroad convention, and was sent as a delegate to several conventions of the kind before the war, at one time obtaining from the Louisiana Legislature a charter for a road with termini at San Francisco and Guaymas. During the war of secession, he was sent by the Confederate government to negotiate with the five civilized tribes in Indian Territory, to secure their alliance and adhesion, and commanded a brigade of Cherokees at the battle of Pea Ridge, Arkansas. He was also for a short time on the Supreme Bench of Arkansas. In 1867 he edited the "Appeal" at Memphis, Tennessee, and in 1868 he removed to Washington City where he practiced before the courts until 1880.

From the year 1880 until his death, he devoted himself to literary pursuits and to Masonry. In his twentieth year General Pike composed the "Hymns to the Gods," poems published in "Blackwood's Magazine" in 1839, and included in "Nugae," a volume of poems privately printed in 1854. In 1873 and 1882 he printed, also privately, two other collections of poems. In 1840-45 he was the author of five volumes of Law Reports; in 1845 of the “Arkansas Form-Book;” in 1859 of "Masonic Statutes and Regulations;" and in 1870 of "Morals and Dogma of Freemasonry." Unpublished translations of the "Rig Veda," the "Zend Avesta," and other works of Aryan literature (with comments) filled seventeen or eighteen volumes of manuscript, without blemish or erasure. He composed numerous Masonic rituals, and replied to the bull of Pope Leo XIII against Masonry. In 1859 he was appointed grand commander for life of the supreme council of the thirty-third degree for the southern jurisdiction of the United States, the mother supreme council of the Masonic world. He was also at the head of the Royal Order of Scottish Rite Masonry in the United States.

SOURCE: William Richard Cutter, Editor, American Biography: A New Cyclopedia, Volume 2, p. 184-6