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Chapter 12

This webpage reproduces a chapter of
The Five Civilized Tribes

by
Grant Foreman

University of Oklahoma Press
Norman, Oklahoma, 1934

The text is in the public domain.

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Chapter 14

[ Creek ]

 p182  Chapter thirteen
Progress Notes

Most of the Creek emigrants settled on the rich bottom lands of the rivers and creeks, as there was a general belief that the prairies would not sustain human life. They cleared the timber, built homes and fenced their little fields with the walnut rails split out by them. A few years later they realized the hazards of their locations when they were overwhelmed with disaster.

"The extraordinary floods of June last," said their agent, James Logan, in 1845, "in the different water courses of the Nation, particularly the Verdigris River, were marked with effects extremely and peculiarly destructive; many had the misfortune to lose their entire crops, with their fences, houses, and furniture, and large portions of their stock. So rapid was the rise of the water, that many who lived on the banks of the streams, had barely time to escape with their lives, from the devouring elements, leaving their all to be washed away, by the overpowering and rapidly accumulating flood, never again to see a vestige of it. An idea can be formed of the wonder­fully rapid accumulation of the waters, from the fact that a portion of the Agency farm, distant 200 yards from the bank of the Arkansas1 and equal to an altitude of 60 perpendicular feet, from the low water mark, was submerged after a duration of 12  p183 hours only, from the commencement of the rise, and even this was not equal to that of the Verdigris."2

There had been another extraordinary flood the year before which was long remembered by the Creek people, but it came early enough in the year that those who exerted themselves to the utmost were able to replant and raise crops of corn and the destitution that was anticipated did not result.

"But this year the flood came at so late a period as to preclude the possibility of anything being expected from replanting; which added to the excessive drought of the summer throughout the Nation, will I am afraid in many instances create much want and suffering. . . . From the low grounds that were overflowed, arises a noxious effluvia from the deposit left by the waters which greatly affects the health of the people living in their vicinity. The usual complaint of Billious and Intermittent Fevers greatly prevail, and more generally abound. This year they are remarked as being more fatal in their attacks. Much sickness still exists in every part of the Nation, although the season has arrived when it generally subsides, and many deaths are still occurring."

Logan continues his interesting description: "The governmental system of the Nation as it at present exists is one far from being calculated to encourage the people in their desire for improvement or to bring about those results which it is the aim of the Govt to accomplish.  p184 The nation is divided into two parties designated as the Upper Towns and the Lower Towns or McIntosh party. This division according to their traditions, has always existed; indeed it is stated that they have only been known to each other but little upwards of a century, and their first meeting upon the banks of the Chattahooche was in an hostile attitude, each deeming the other to be a belligerant and a separate and distinct Nation, and only upon the eve of battle did they discover their affinity of language, which tho' essentially the same has some peculiarities possessed by the one, different from the other. Scattered promiscuously among both parties are the remnants of the different Tribes subjugated by them, which consist of the following to wit, viz.: Hitchatees, Uchees, Alabamas, Cawawsawdas, and Natchees. Of the last mentioned interesting Tribe but few remain; they still however as well as the rest retain their original tongue. There are many others, but they are now entirely extinct, and even their names are forgotten. The members of these tribes possess all the privileges and immunities of Creek citizens.

"Each party has its own Head Chief &c., &c. Roly McIntosh the Chief of the Lower Towns, is also vested with the dignity of Head Chief of the Nation which generally convenes once a year, but at no particular period. The deliberations are confined to subjects exclusively national and which affect both parties in common. Those subjects having reference to their own party concerns meet the action of their own councils which are held separate and distinct and in which neither interferes with the other. They are conducted precisely similarly and are composed of the Chiefs and Law Makers of the different Towns (or more appropriately clans) adhering to each party.

"These Chiefs are generally Selected from the oldest Citizens; in point of intelligence they cannot compare with private individuals, who, generally do not desire such dignities; generally speaking they are extremely ignorant, are noted for their superstitious bigotry, for their old customs and ceremonies, and most bitter prejudices against all measures calculated to reform the condition or enlighten the minds of their people. There are however a few honorable exceptions but they are far in the minority and their councils have but little weight. They are opposed to religion, and to Education, more particularly the former, conceiving very justly that it has a tendency to lessen their authority and to abolish their old rites & Ceremonies, of which they  p185 are particularly tenacious. They have gone so far this year as to exact a fine of from two Dollars to three and a half Dollars per head upon all non-attendants at the 'Busk,' green corn dances, &c., or who do not drink the Physic, a most nauseous compound of poisonous weeds. Their authority is often exerted arbitrarily, and their laws are unjust and unnecessarily severe. It is a standing law of the Nation 'if any person preach or hold religious meetings, whether white or red, he shall for the first offense receive Fifty lashes on his bare back, and for the second offense, one hundred lashes.' To maintain their authority they support out of the annuity an enormous number of subordinates, known as Law Makers, light horse, &c., &c. The people stand in much awe of them, and blindly pay them the obedience they exact. They have no voice in their appointment nor in their acts; when a vacancy occurs the place is filled, not by an election but by the nomination made by some noted chief.

"The two parties are about equally divided; the annuity amounting to $34,500 is paid to the principal chiefs of both and equally divided between them and by them distributed. . . . The Chiefs appropriate the whole of this large amount to the pay of themselves and their subordinates. This mode of distributing it is much complained of by the intelligent portion of the Community who are now far from being inconsiderable, and the right thus arrogated by the Chiefs of doing what they please with the Annuities much questioned; but they are vested with so much power and have inspired so much awe and fear in the minds of the people generally that they are restrained from making a public expression upon the subject. Indeed I question very much whether there could be found many who would before them say that they object to their acts in any particular. This I have sought for in regard to the Annuity and have failed to accomplish owing to the preponderance of the Chiefs, Law Makers &c, and to the cause above stated.

"The Lower Towns from their close proximity and greater intercourse with the Whites exhibit a much greater advance in civilization and manners than their Brethren of the Upper Towns.3 The old custom of settling together compactly and cultivating the Town fields in common had been altogether abandoned and they are no longer visible in  p186 this portion of the Nation. The people are settled promiscuously throughout the country. Many of their farms and residences would do credit to the States. Ornaments, silver plates, ear rings, beads, and paint are grown into disuse and seldom or never seen except at their festivals or Ball plays. The dress of the Whites is becoming common with the exception of the Hunting shirt, which is generally of gay printed calico and is common to all Indians. Hats, Vests, Pantaloons, and shoes may almost be said to be the common habiliments of the Males; and dresses of the richest materials, of silks, Muslins, made too in accordance with the latest fashion, are often to be seen upon the persons of the female classes. Gold and silver watches, rich and costly articles of Jewelry, viz., Chains, rings, brooches, &c., &c., are also used by the rich.

"The English language tho' not generally spoken is understood by many, and a strong desire is manifested by the community at large to throw off all their old superstitious ways and customs and to adopt the ways of the whites; on the other hand however it can be said that the number of the indigent and needy is much greater here in this part of the Nation. The use of Whiskey too is more general and the effects more visible. . . . There is no Town, not even a village to be met with, yet the people are every year summoned to their great dissatisfaction to assist in building or repairing the Town council houses & in many instances to leave their crops and go a distance of 20 or 30 miles; this service is enforced too under a penalty of a pecuniary fine. The settlements of the Lower Towns extend from the Verdigris River on it and between it and the Arkansas on both banks of it to the Red Fork, a distance of about 80 miles and an average breadth of Fifty. They are separated from the settlements of the Upper Towns by an uninterrupted Prairie extending from the bottoms of the Arkansas south to those of the North Fork of the Canadian, a distance of about Forty miles."

The Upper Towns extended westward "between and on the Deep Fork, North Fork, and Main Canadian, to Little River, a distance of about 80 miles and an average breadth of about sixty. From their peculiar location they have less intercourse with the whites and consequently do not exhibit so much improvement. Their dress too is more of the aboriginal form; they are forbidden to adopt that of the Whites  p187 under penalty of lashes.4 They are however generally more enterprising and industrious. They grow cotton and practice the domestic arts of Spinning and weaving to a greater extent than the others. Cases of extreme poverty are more rarely to be met with. The chiefs are more generous and their policy more liberal than those of the Lower Towns. In addition to the two Blacksmith shops furnished them by Treaty stipulations they have a public shop which is supported out of their portion of the annuity; they have also devoted a portion of it to the erection of a Water Mill and the support of a Millwright; they have also a Wheelwright but he is supported by the Govt. They have not as much wealth as the Lower Town Chiefs, generally speaking. The McIntosh family are supposed to be worth $150,000 and B. Marshall some $50,000; yet they contribute nothing toward alleviating the distress of the poor, or to effecting any improvement in their country. However it is reported that Opothleyahola is by far the richest man in the whole Nation."

Repeated incursions were made on the lands of the Creeks, said Superintendent Armstrong, "Chiefly by Pawnees from the Platte — it is supposed for horse stealing purposes. These parties were in every instance driven back, generally with loss; several of their number were killed by the Creeks and the neighboring bands of Kickapoos and Quapaws. Although the settlers incurred but little real danger, great alarm was felt even as far down as the mouth of the Verdigris. Application was made to officers commanding at Fort Gibson and Washita for assistance, and parties were detached for their relief. The establishment of a garrison at Indicates a West Point graduate, Class of 1806: a link to his biographical entry in Cullum's Register.Chouteau's trading house, an abandoned post 50 or 60 miles beyond the mouth of Little River was talked of; a measure clearly unnecessary, as sufficient protection will always be afforded to the frontier settlements by the various hunting parties of Shawnees, Delawares, Kickapoos, Miamies, Quapaws, and Caddoes.

"It is estimated that these various bands together muster among them a thousand fighting men, who form at once the barrier and the only channel of communication between the border tribes and the Comanches  p188 and other wild Indians south of the Arkansas. Through them the Creeks have made efforts to induce these tribes to meet them in council, hitherto without success. It was expected that an invitation sent during the summer to hold a general council at the Salt Plains would be accepted. There can be no doubt that the extension of the settlements and consequent destruction and scarcity of game have created a hostile feeling which it is desirable to remove. The Creeks have at considerable expense, taken great pains to conciliate the prairie tribes, and in my opinion their efforts should be encouraged and assisted by the government."5

Logan gives a long account of the difficulties of the Creeks with the roving prairie Indians and of the council held by them in 1845 in an effort to compose these differences.6 Of the character of the Creeks, Logan says they

"are grave and serious in their deportment and are dignified and imposing in their Councils; they are slow in the expression of their feelings, but are sure in the resentment of insult and affront. Tho' friendly to the White Man, yet they are easily influenced and prejudiced against him and are rather credulous than otherwise; when once an enemy, there are seldom afterwards a friend.

"Very little game now remains within the limits of the Nation or within 100 miles of it; their means of support therefore are drawn from the cultivation of the Soil. The Creeks have however been long noted as an agricultural people. The productions were principally Corn, oats, Wheat, Rice, Cotton & Tobacco, with every variety of esculent roots and vegetables. Orchards of Peach trees abound; apples, Pears, Plums & Cherries are also cultivated. The country is admirably adapted to the raising of Stock; it consists generally of Horses, Hogs, Cattle, & Sheep; domestic Fowls, Turkeys, Geese & Ducks abound in profusion. Weaving, Spinning, Sewing & Knitting too are practiced by the females who display both ingenuity and Industry."

Colonel Logan found that religion and education were beginning to arouse interest in some quarters where the Creeks solicited teachers and preachers. The expulsion of missionaries from their country some  p189 years before was due in part to some of the chiefs who were becoming jealous of their influence; they feared "that their own authority would be lessened, their old rites & ceremonies neglected and abandoned, and that veneration and obedience to which they had long been accustomed would no more be paid them." The cause of temperance too, he said, was gaining ground. He hoped that more of the funds of the tribe could be used for educational purposes and a school erected on the plan and extent of "that pride of the Indian country, The Spencer Academy," in the Choctaw Nation. In the Creek Nation was a school at Spring Hill and the Presbyterian Mission at Coweta, besides the little Essex school. Four other school houses had just been completed in the Indian settlements.

From a stupid misconception of the condition of these Indians the issue to the Creeks included large quantities of strouding, small blankets, squaw axes, pipes, beads, and such articles used by the wild Indians. The Creeks objected to these and requested that articles adapted to the use of civilized Indians be furnished them, such as large sized white and colored blankets, bleached and unbleached domestic, blue and assorted calicoes of gay and fancy colors, colored domestics, striped and plaid domestics, checks, bed ticking, a small quantity of which should be ready-made clothing, consisting of pants and vests for winter wear, men's and women's shoes, tin ware, brass kettles, pins, needles, coarse pant stuff of woolen and cotton and a small quantity of strouding.

Logan found twenty-seven white men in the tribe married to Creek women. The principal trading establishment was located near the agency in the Creek settlement on the north side of the Arkansas River and was owned by Napoleon B. Hawkins, an intelligent, educated and wealthy native, who kept an ample stock of goods similar to the stocks found in white settlements. Later the store was conducted in the name of his mother, Jane, the daughter of Chief William McIntosh, who was executed by his tribesmen in 1825 for signing the Creek treaty; she was the window of Sam Hawkins, who was killed at the same time.

"The Indians generally speaking have each sufficient stock for the support of themselves and families. I think the proportion of those who have not a cow, poney, and a little bunch of hogs is very small. Very little money ever comes into the hands of the common Indian. What little they do obtain is generally earned by labor done for the richer classes, and by the sale of Fruit and garden vegetables  p190 &c, &c, to the Traders and Whites. The sale of Pecan nuts, the trees bearing which abound in the rich bottom of the water courses, is of considerable importance to this class. It is estimated that the quantity sold to the different Traders during the last fall and winter amounted to between 9 and 10,000 Bushels, the price paid for which, was from 50c to $1 per bushel, and was generally bartered for necessary articles of Clothing, Sugar, Coffee, Salt, &c, besides a large quantity was no doubt used for food. The Black Walnut and Hickory also abound in the Nation. These nuts, and the Pecan are used in the preparation of an article of food common to the Indian. The Acorn of the Black Jack, affords a rich oil which is also used by them as a substitute for lard and answers the purpose very well; in the construction of their houses, which tho' generally small, are tight and warm, they display much neatness and ingenuity. When we reflect that but little more than half a century has elapsed since these people were in what may be termed a savage state refusing to perform any offices of labor, but following the chase entirely for subsistence, having no occupation but War and Hunting, and compare them with their present condition, we most certainly cannot sufficiently applaud the fostering care of the Genl. Govt. which has effected so great a reformation."

Logan recommended that an effort be made to induce the Creeks to abandon their present form of government and adopt a constitution and simple code of laws couched in language easily understood, which he thought could be accomplished by showing them the great benefits that had accrued to the Choctaw Nation by similar reforms.

The general council of the Creek Nation for 1846 convened September 22. One of the principal subjects to engage the attention of the session was the appointment of a second chief of the Lower Towns to fill the vacancy caused by the recent death of Ufaula Harjo.

"The office has developed upon Mr. Benjamin Marshall, formerly national interpreter, an educated half-breed of wealth and standing. He is of course favorably inclined to religion and education, and much good may be anticipated to arise from his appointment. I am happy to state that the council is at present engaged in a revision of the laws of the nation, many of which, though not sanguinary, are unnecessarily severe and arbitrary. No change in the system of the government of the nation can be yet expected. . . . The crops of the present year are abundant, so much so that a large surplus of almost every thing cultivated by  p191  them will be left for sale. Stocks of horses, cattle, and hogs are becoming abundant; and large numbers of the latter will be offered for sale during the approaching winter."7

Logan's prediction was well founded for the Creeks exported 100,000 bushels of corn, a large portion of which was purchased for shipment to Ireland and other foreign countries. Their reputation as raisers of stock had gone abroad and they sold 1,000 hogs to drovers from Illinois, Missouri, and Indiana, who traveled through their country buying their surplus.

Gradually, as the game disappeared, the Creeks had been taught the advantage of pla­cing dependence upon their skill and labor.

"Blessed with a country of abundant extent, well timbered and watered, of fertile soil and of comparative healthfulness, offering every facility for the rearing of stock and of following agricultural pursuits, they were ultimately persuaded to seize that which they so bounti­fully possessed, and which so alluringly tempted them to change their condition, and to become a sober, steady, and industrious community seating themselves at their homes, rendered permanent to them by the assurances of the government of the United States, and appreciating and enjoying all the comforts and endearments of the social circle. . . . as their moral character and condition has improved, their mental capacities have increased as a consequence. They have become conscious of the advantages accruing to them from receiving and encouraging religion and education upon which subjects they feel a great interest."8

Logan's glowing account is somewhat qualified by his further description of the efforts to prevent the introduction of whisky in the Nation. He had labored to convince the chiefs of the evil of the traffic and had induced the general council on three occasions to decree the  p192 destruction of all liquors found in their country, subjecting the punishment of a hundred lashes upon all who might thereafter introduce it.

"The consequences was, for a short time, none of it was to be seen; but the high price of it, in consequence of its scarcity, was too great a temptation to the cupidity of some of the chiefs themselves, and others possessing great influence, who immediately entered into the trade, and maintained the monopoly of it until it became known to those in the habit of pursuing it as an avocation, who again engaged in it. It is brought in by the Indians exclusively, who send or take canoes or boats into the state; obtaining their lading about nightfall they immediately depart, keeping under the high banks of the river to evade notice; when they arrive home it is safely secreted and sold out by jugfulls to others who attend the gatherings, and who retail it out by the dram."

The next year the optimistic Creek agent was "surprised in travelling through the nation lately, to observe the many fine orchards, the neatness and regularity of the fences around the farms and the improvements in their houses, and to see in many instances the furniture in them neat, cleanly, and appropriate; the spinning wheel and the loom are in common use; but that which struck me most was the introduction of Yankee clocks, an article not in general use among the Indians."9 But he despaired of persuading the Indians to have their annuities paid to the individuals per capita. They were so completely under the domination of the large number of chiefs that no argument could break down the customs of pla­cing all tribal funds in their hands to be disbursed as they saw fit.10

The occasions of payments of the annuities to the Indians were picturesque. An observer of one wrote:

For some days I have been in a busy crowd. This is the annual payment time of the Creek Indians, and the tribe gathers here from every corner of the land, and with them every white to whom they are owing five dollars. The Indians are waiting for the money and the traders waiting to receive their long standing  p193 dues. . . . The Indians have received their money, and around them may be seen the white men they are owing. Perhaps the Indian owes a dozen, and hasn't more than that number of dollars. Every one is picking at him. He is not disposed to pay any of them, for his present wants crowd upon him, and he thinks that he must attend to urgent claims of his own for better clothing. At the close of the payment the Indian will not have a dollar.

"In this Nation there are about 400 chiefs, law-makers, light-horsemen, &c. At such meetings as the present one, most of the 400 are in attendance. There are a formidable force of themselves. They have been together a few days, and are a fine-looking assembly. Some of the number are speech-makers. I listened to several speeches; not a word could I understand, but the manner, the ease with which they spoke, the applause they received, enabled me to find out their best speakers. . . . Murder is always punished with death; but the criminal has a fair trial, and often there is pleading in his behalf. Theft is punished here in a manner attended with more disgrace than in the States. For stealing small sums one ear is cut off; for larger sums both ears; and for the largest sums both ears and the nose is clipped.

"During this gathering of the people, I have noticed a few with these marks; it is a living disgrace; every child scouts the thief, and there is no power of concealing his punishment. The Creeks are honest and orderly. I have traveled through many parts of the nation, and have not been interrupted. Life and property are perfectly safe here.11


The Author's Notes:

1 The Creek agency at this time was on the north bank of the Arkansas River nearly due north of where is now Muskogee. The location and improvements were rented of Chilly McIntosh in 1833 and the next year were purchased by the Government, including about eighty acres of cleared land. The buildings were erected in 1827, a log cabin by Chilly McIntosh and one by the troops from Fort Gibson under orders of General Arbuckle. When Dawson became agent the buildings consisted of a double log cabin with two small rooms in the rear and kitchen, outhouse and crib. One of the rooms he used for his office; but he complained that the buildings were in a bad state of repair (J. L. Dawson to Armstrong, July 5, 1843, OIA "I. T. Misc."). The first Creek agency was located on the east bank of the Verdigris River, about four miles above the mouth, in buildings purchased in 1827 from Col. A. P. Chouteau. In 1845 Logan strongly urged the removal of the agency to a more healthful location. The matter was agitated constantly by the Indians living on the Canadian River who objected to the long journey and dangerous crossing of the Arkansas River to reach the agency. They proposed that it be located at their new capitol "Ohiahulway" where they hoped to establish an important place as the Cherokee had made of Tahlequah. March 30, 1851 the "Chief and Head Men of the Creek Nation in Council assembled, in behalf of said Nation for and in consideration of the relinquishment by the United States of the Old Agency reservation" relinquished to the United States "two sections of land beginning at a certain post or stake, upon the southern bank of the Arkansas River, near what is known as the Hitchetee Ford, from thence running south two miles, from there west one mile, from there north two miles, from there east to the place of beginning" (OIA, "Creek" R 58). On this tract of land was located the Indian agency near Fern Mountain until it was moved to Muskogee about 1876 and united with what was then called the Union Agency.

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2 Logan to Armstrong, September 20, 1845, OIA 1911 "Creek Agency."

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3 When the Creeks lived in Alabama and Georgia those who resided in the southern part of their nation nearest the Gulf and the white settlements were known as the Lower Creeks and the remainder of the tribe farther inland as the Upper Creeks.

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4 The Upper Creeks held on to their ancestral homes in Alabama with greater tenacity than the other faction of the tribe; consequently they suffered more from the rapacity and cruelty of whites. They arrived in their western home with such bitterness in their hearts and hatred for the whites that for years they refused to conform to their ways and dress, especially in the matter of wearing trousers.

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5 Report of William Armstrong, September 30, 1845: Arkansas Intelligencer, February 7, 1846, p1. For an account of these border tribes see Grant Foreman, Advancing the Frontier.

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6 Logan to Armstrong, October 1, 1846, OIA, "Creek Agency": Report of commissioner of Indian affairs, 1846.

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7 Logan to Medill, November 9, 1847, ibid., for 1847. The education of Creek children had now become a subject of deep and general interest, said Rev. Mr. Loughridge at Koweta Mission. "Our greatest annoyance now is the constant & urgent applications by parents for their children to be received into our school. All feeling the importance of the subject & this being the only school in the nation, solicitations for admissions are received from every quarter. Today two men came a distance of 70 miles, bringing six boys with them to the school. Although we had already engaged as many as we thought we could possibly accommodate, yet their anxiety was so great and they could bear no denial, that we consented to take in two of them" (Loughridge to Logan October 22, 1847, OIA, "Schools.")

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8 Logan to Medill, November 9, 1847, OIA.

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9 Report of commissioner of Indian affairs, 1848.

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10 March 31, 1848 James Logan, Creek agent, reported that the united Creek tribe had established its capitol near a spring on a hill, four miles from Deep Fork and about equally distant from the Creeks on the Arkansas and those on the Canadian. They named the place O‑hi‑a‑hul‑way, meaning "high spring." The place afterwards became known as Council Hill, which is the name of the town built nearby on the K. O. & G. railroad.

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11 Louisville Weekly Journal, February 11, 1848. The specie disbursed to the Indians was principally gold. When Superintendent Rector drew $245,188.90 from the sub-treasury at St. Louis for the Indians, $200,000 of it was paid him in double eagles, $35,000 in eagles, $5,000 in half eagles, $500 in one-fourth eagles and $188.90 in silver (Sturgeon to Mix, October 16, 1858, "Southern Superintendency, " S. 685).

Thayer's Note: Sic, adding up to $240,688.90; the mistake is very likely in the typesetting of Foreman's printed book, and to be corrected by making it ". . . $5000 in one-fourth eagles . . ."

The payments of annuities to the Indians were celebrated occasions, not only to the Indians, but the white people who had business there. One payment was concluded at the Creek agency on January 10, 1852, "and a joyous troop of merchants and clerks have departed from among us. . . . cold lunches of partridges, cheese, Boston crackers, and Bologna sausages, roast turkeys, etc." (Fort Smith Herald, January 17, 1852, p2, col. 2).


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