stock, or herds, of all, or what is left of it, is, of course, scattered or unwatched on its range. This condition of affairs invited the somewhat wholesale enterprises by which it has been driven into Kansas. The Arkansas River for the past two years may be said to have been the boundary between the belligerents. Since the siege of Gibson was raised in July, 1863, by General Cooper, no rebel army has camped on its southern banks. it is true considerable mounted parties have crossed it. A train was captured sixty miles in the rear of this place in September last by a large mounted force; but north of the river, or even fifty miles south of it, any rebel occupancy is only of the character of raids. I obtain all the beef for the command and for the many refugees from south of the river, or from the stock subject to be taken by the enemy. I merely desire to show that there is no necessity for commands of troops to enter the nation, 150 miles in my rear, on the pretext of scouting, which really drive off cattle. I would inform you that a very considerable portion of such stock was driven off by troops from Kansas. I will mention one or two cases in which there is ample and clear testimony. Captain Vittum, of the Third Wisconsin Cavalry, last April entered the nation with a train. On his return he gathered a herd of 500 or 600 and drove it out. The same officer entered the nation about the last of May or first of June as escort for two officers coming down to Fort Smith. He stopped forty miles above Gibson and went back, driving out a large herd. He is now provost-marshal at Fort Scott, which will give you an idea of the police regulations on the northern border of the nation, on which I have to lean. On application to General Curtis last summer I was informed that the matter was merely one for adjudication in the courts. In the nation there is no Federal court in tie of peace-not even the Indian courts exist now. The necessary protection is dependent to a great extent on the military power temporarily existing. I think I can stop it here; if I had horses for my men at least, I could, with co-operation from above, or [sic] respect from them to orders issue here. The Indian soldiers are more to be trusted for their own protection than others. They are amenable to each other as well as to the Government. Most of the white regiments that have entered the Indian Nation commit more or less depredations. They treat it as if it were an enemy's country. I, however, desired to secure through you sufficient protection from the department above to stop the nefarious system which appears to have a thorough organization in the State of Kansas, believing that unless prompt steps were taken the same nefarious transactions would be continued this season. I inclose copy of an order* I issued to meet the evil. The case of the Indian Nation is peculiar. The Secretary of the Treasury decided that "it was not a State in rebellion," and consequently sends no Treasury agents here. The question as to w hat is contraband has been held in abeyance, as I understand it. The order was therefore framed to met the exigencies of the case, and as far as practicable carry out the instructions under which the Indian commands were raised, or which have been sent from time to time by the Interior Department. I also inclose copy of a letter from one of the Indian agents, a copy of a permit taken from a man who had a stolen herd, and an extract from detective's report. Some of the permits from Superintendent Coffin are short. I send one which seems to have restrictions. Mr. Hamilton, to whom it was given, has been a large declare in the stolen stock. As far as my observation goes, not one of

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*Not found as an inclosure, but see General Orders, Numbers 4, Indian Brigade, January 14, p, 516.

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