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

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

whatsoever, and to prosecute no Indian claims against the government.  In the choice of interpreters, preference was to be given to applicants of Indian descent.  Indian trade privileges were to be greatly circumscribed and, in the case of the larger nations, the complete control of the trade was to rest with the tribal authorities.  In the case, also, of those same larger nations, the restrictions formerly placed upon land alienations were to be removed.  Intruders and spirituous liquors were to be rigidly excluded and all payments to Indians were to be carefully safeguarded against fraud and graft.  Indian customs of citizenship and adoption were to be respected.  No foreign interference was to be permitted.  Foreign emissaries were to be dealt with as spies and as such severely punished.  The Confederate right of eminent domain over agency sites and buildings, forts, and arsenals was to be recognized, as also the operation of laws against counterfeiting and of the fugitive slave law.  In default of regular troops, the Confederacy was to support an armed police for protection and the maintenance of order.  The judicial rights of the Indians were to be very greatly extended but the Confederacy reserved to itself the right to apprehend criminals other than Indian.

The intentions of the Confederate government were one thing, its accomplishments another.  The act of April 8 was not put into immediate execution, and might have been allowed to become obsolete had it not been for the controversy between Pike and Hindman.  On the first of August, while the subject-matter of the address, which he had so imprudently issued to the Indians, was yet fresh in his mind, General Pike wrote a letter of advice, eminently sound advice, to President Davis.[483] Avoiding all captiousness, he set forth a

[Footnote 483:  Official Records, vol. xiii, 871-874.]

programme of what ought to be done for Indian Territory and for the Indians, in order that their friendly alliance might be maintained.  He urged many things and one thing very particularly.  It was the crux of them all and it was that Indian Territory should be absolutely separated from Arkansas, in a military way, and that no troops from either Arkansas or Texas should be stationed within it.  Other suggestions of Pike’s were equally sound.  Indeed, the entire letter of the first of August was sound and in no part of it more sound than in that which recommended the immediate appointment of a superintendent of Indian affairs for the Arkansas and Red River Superintendency, also the appointment of Indian agents for all places that had none.[484] It was high time that positions in connection with the conduct of Indian affairs should be something more than sinecures.