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Peter P. Pitchlynn served
as a representative in Washington D.C. and Principal Chief
of the Choctaw Nation during the 1860-1870 decade. A significant
portion of his personal and official correspondence is available
for viewing at the Helmerich Center for American Research.
Credit: Unknown. Col. Peter Pitchlynn, Ex-Governor of the
Choctaw Nation. 4326.3224. Oklahoma Native
American Photographs Collection. 1850-1900. Tulsa: Gilcrease
Museum, https://collections.gilcrease.org/
object/43263224 (12/12/2017).
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Iti Fabvssa is currently running a series that covers the span
of Oklahoma Choctaw history. By examining each decade since the
Choctaw government arrived in our new homelands using Choctaw-created
documents, we will get a better understanding of Choctaw ancestors'
experiences and how they made decisions that have led us into the
present. This month, we will be covering 1860-1870 when the Choctaw
Nation created the Constitution of 1860, entered the U.S. Civil
War and dealt with the consequences for its participation, primarily
the Treaty of 1866.
In January 1860, Choctaws came together for another constitution
convention. Despite many sources that say otherwise, this 1860 constitution
was legally in effect until 1983, when the Choctaw Nation of Oklahoma
passed our first post-statehood constitution. Major changes in the
1860 constitution included the creation of the office of the "Principal
Chief" and the establishment of a fourth district of Hotubbee, which
encompassed the lands known as the "Leased District." District Chiefs
still existed but much of their authority was transferred to the
office of the Principal Chief, and the title became more honorary
than practical. Notably, this constitution made no direct reference
to slavery even though it was the issue that nearly started a Choctaw
civil war just a couple of years prior. This omission was partially
because of the growing abolitionist sentiments in the neighboring
United States, leading pro-slavery Choctaws to avoid an open debate
on the issue. Nevertheless, outside of the constitution, individuals
pushed for support for slavery, southern secession, and a Choctaw-Confederate
alliance.
Multiple factors contributed to the Choctaw Nation's decision to
ally with the Confederacy. Initially, Choctaw leaders understood
their nation to be completely separate from the U.S. and so they
should not be involved with its issues. Their primary concern was
that the U.S. would honor their treaties. Choctaw leaders wanted
to be sure that Choctaw lands would remain in Choctaw possession.
As the constitutional crisis between the Skullyville and Doaksville
constitutions had showed, slavery was increasingly an important
issue within Choctaw Nation. Individual citizens, often prominent
mixed-blood businessmen whose wealth came from plantations run by
enslaved Black people, were major proponents of supporting the Confederacy.
But before any alliance could be
broken and made, it had to be debated.
In June 1861, Chief George Hudson convened a special session of
Council at Doaksville to decide how Choctaw Nation should respond
to the U.S. Civil War. By this time, the U.S. had withdrawn its
military forces from Indian Territory, leaving Choctaws vulnerable
despite its treaty obligation to protect them. Peter Pitchlynn,
who had spent years in Washington D.C. advocating for Choctaws to
receive the money secured by treaties via the Net Proceeds case,
felt that a neutral position would be best. If Choctaws turned against
the U.S., they would not receive the money they were due. But there
were also strong advocates for the Confederacy. Robert M. Jones,
a prominent Choctaw leader who owned some of the largest plantations
in Choctaw Nation, declared that anyone who opposed Southern secession
should be hung. Just before this meeting, a group of Texans threatened
Pitchlynn and his family's lives if he continued to maintain a pro-Union
position. During the multi-day council meeting, white men from Texas
and Arkansas interrupted to lobby for a Choctaw alliance with the
Confederacy. This pro-southern secessionist climate led leaders
like Pitchlynn and Hudson to withhold a prepared speech that called
for neutrality. Ultimately Council decided on June 10 to send a
delegation of Choctaw leaders to negotiate and sign a treaty with
Confederate leaders.
Since the U.S. had broken its treaty obligation to the Choctaw
Nation by removing federal troops from the region and offered no
help, Choctaws found themselves surrounded by the Confederate states.
Furthermore, important individual allies who had advised Choctaws
in numerous instances joined the Confederacy and encouraged Choctaws
to do the same. Under these circumstances, if Choctaws had not joined
the Confederacy, it is likely they would have been destroyed. Confederate
leaders who negotiated a Choctaw alliance included Albert Pike,
an Arkansas lawyer who had worked with Pitchlynn in securing the
money from the net proceeds case, and Douglas Cooper, the Choctaw
Nation's U.S. Indian Agent before he joined the Confederacy. Both
drew on their experience working with Choctaws to offer desirable
terms that allowed Choctaw Nation to maintain its sovereignty. Choctaws'
alliance with the Confederacy also allowed them to govern their
lands more strictly than under their treaty terms with the U.S.
government. For instance, U.S. citizens who intruded into Choctaw
lands could not be removed by anyone but a U.S. agent, who often
failed to follow through with his responsibility. Under the treaty
with the Confederacy, Choctaws could expel intruders and enforce
their own laws to prevent "lawlessness." Much of the "lawlessness"
that federal officials claimed existed in Indian Territory was a
direct product of U.S. failure to follow their own laws and legal
agreements with Choctaws. Allying with the Confederacy became an
opportunity for Choctaw Nation to govern itself according to its
laws.
During the war, Choctaw soldiers primarily fought within the boundaries
of Indian Territory. Choctaws, who had the largest number of troops
after the Cherokees, joined regiments with other soldiers from the
Five Tribes. Even though the Treaty with the Confederacy stipulated
that Choctaws would not be called on to fight outside of its borders,
Choctaws were still called on to do so and many went to fight. But
when it came to the Confederacy honoring the treaty promise to protect
Choctaw Nation, they withdrew from the western part of the Choctaw
Nation twice when it was invaded and used Choctaw Nation as a buffer.
On July 17, 1863, the Battle of Honey Spring, the largest battle
in Indian Territory, took place. The Confederate troops lost, resulting
in a major loss in supplies. For a more detailed account of the
Civil War experiences and battles in Choctaw Nation, see Iti Fabvssa's
October 2011 article, "Choctaw Nation and the American Civil War."
As it became clear that the Confederacy was losing the war, Choctaw
leaders resumed their relationship and treaty negotiations with
the U.S. government. Peter Pitchlynn, who was elected Principal
Chief in 1864, signed the Choctaw Nation's final surrender on June
19, 1865. This paved the way for general council to appoint a commission
of delegates to negotiate a new treaty at Fort Smith.
Known as the Treaty of 1866, this reconstruction treaty became
an especially important document in Choctaw history since it continues
to guide Choctaw-U.S. relations today. Since the Choctaw and Chickasaw
Nations were unified by their 1855 Treaty, they signed a treaty
with the U.S. together. Both were at a disadvantage for allying
with the Confederacy. Choctaws were forced to cede the Leased District
for $300,000. Seeking to induce the Choctaw Nation to adopt their
former enslaved people, the U.S. made it so that this payment would
only come if Choctaw Nation emancipated and adopted former enslaved
people within three years of signing the treaty. Another major term
was that the Choctaw Nation would permit the building of one north-south
and one east-west railroad through their territories. Other important
treaty points included a provision turning Indian Territory into
the "Territory of Oklahoma," the name of which was proposed by Allen
Wright and was later
appropriated by white settlers for a different territory to the
west of Choctaw Nation. It also called for the immediate survey
and allotment of Choctaw and Chickasaw lands. Any surplus lands
would have been allocated with white settlement. These terms regarding
Oklahoma territory and allotment and never came to pass in the manner
outlined by this treaty. While these parts were not implemented,
provisions regarding the railroad that did go forward would have
long-lasting consequences.
Additional reading resources on this period are available on the
Choctaw Nation Cultural Service webpage (https://choctawnationculture.com/choctaw-culture/additional-resources.aspx).
Follow along with this Iti Fabvssa series in print and online at
https://www.choctawnation.com/history-culture/history/iti-fabvssa.
If you have questions or would like more information on the sources,
please contact Megan Baker at meganb@choctawnation.com.
Next month, we will cover the period of 1870-1880 which was marked
by the first railroad to cross Choctaw borders and the rapid development
of the coal mining industry.
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