ROYCE. ] TREATY OF AUGUST 6, 1846. 331 
the old Government were awed into silence. A sense of fear and help- 
lessness for the time being compelled them to accept and apparently 
acquiesce in a state of affairs for which many of them had no heart. 
After the Cherokee convention at Tahlequah, in August, 1861, at 
which it was decided with such unanimity to renounce their treaty rela- 
tions with the United States and to enter into diplomatic alliance with 
the Confederacy, O-poth-le-yo-ho-lo, an old and prominent Creek chief, 
whom Ross had notified by letter of the action taken, and upon whom 
he urged the wisdom of securing similar action by the Creeks,! refused 
to lend himself to any such measure. He called a council of the Creeks, 
however, representing to them the action of the Cherokees, alleging 
that their chiefs had been bought, and reminded the Creeks of the 
duties and obligations by which they were bound to the Government 
of the United States. 
The majority of the Creeks, notwithstanding, were for active co-opera- 
tion with the Confederacy, and an internecine war was at once inaugur- 
ated. The loyal portion of the Seminoles, Wichitas, Kickapoos, and Dela- 
wares joined O-poth-le-yo-ho-lo and his loyal Creeks, who after two or 
three engagements with the disloyal Indians, backed by a force of Texas 
troops, was compelled to retreat to the north, which he did in Decem- 
ber, 1861.2. The weather was extremely inclement; the loyal Indians 
were burdened with all their household goods, their women and chil- 
dren, and at the same time exposed to the assaults of their enemies. 
Their baggage was captured, leaving many of them without shoes 
or comfortable clothing. Hundreds perished on the route, and at last, 
after a journey of 300 miles, they reached Humboldt, Kansas, racked 
with disease, almost frozen, and with starvation staring them in the 
face. Immediately upon learning of the condition of these sufferers, 
Indian Superintendent Coffin promptly inaugurated measures for their 
relief. Having inconsiderable funds at his command for the purpose, 
application was made to General Hunter, commanding the Depart- 
ment of Kansas, who promptly responded with all the supplies at 
his disposal. The Indians in their retreat had become scattered over 
an area of territory 200 miles in extent, between the Verdigris and Fall 
River, Walnut Creek and the Arkansas. <As they became aware of the 
efforts of the Government for their relief, they began to pour into the 
camp of rendezvous on the Verdigris, but were later removed to Le 
Roy, Kansas. Authority was given to enlist the able bodied males in 
the service of the United States, and two regiments were at once organ- 
ized and placed under command of Colonel Weir for an expedition 
against the Indian Territory, mention of which has been previously 
made. A census taken of these refugees by Superintendent Coftin, 

‘Letter of John Ross to O-poth-le-yo-ho-lo, September 19, 1861. 
> Report of Agent Cutler and Superintendent Coffin for 1862. See pages 135 and 
138 of the Report of the Commissioner of Indian Affairs for 1862. 
