Thirteenth and Twelfth Kansas, en route to this command. Captain Vittum only came within forty miles of Gibson and went back, driving a large herd of cattle. My detectives and some officers and soldiers sent after them examined the herd, bug could not obtain it. Captain Johnson, Fifteenth Kansas Cavalry, with men of his command, proceeded across Arkansas River and drove a large herd last summer. I think he went several times, but one case can be clearly proven. As I am instructed to take necessary steps to protect the property of these people, I ask you for the assistance in the adjoining department, which I am sure you will be inclined to give. The matter is rendered much more complicated from the fact that some of those whose duty it is to protect them are undoubtedly in league with the thieves. Superintendent Coffin has been giving permits to buy. These citizen thieves pretend also to have, and in fact exhibited when arrested, papers purporting to be passes into Kansas from military commanders. To show you the precise character of the transaction I have only to state that the whole Verdigris River country and nearly all the Creek country and large portions of the Cherokee country are entirely depopulated. The men are soldiers in the army, and many of them clustered near this post for protection. There is, in fact, no one to sell to them in the country where they got the cattle; and such sales, as a general rule, are mere pretexts that could deceive no one. Citizens of the State of Kansas also employ Kansas Indians, Osages and Delawares, to come in and steal. With these bogus bills of sale are in some cases no doubt executed. It is apparent that this can only lead to difficulty. I inclose a letter* just received from the Osage agent in reference to a half-breed who was caught last summer with a herd of stolen cattle, tried by a military commission, and is now serving out sentence thereof. I also inclose an order+ I issued after I returned from Fort Smith. The order is in some respects peculiar, because the case is peculiar. The Secretary of the Treasury has decided that the Indian Nation is not a "State in rebellion" and sends no Treasury agents here. The question as to contraband is, as I understand it, still held in abeyance. Under the circumstances, I merely did the best I could, as I was directed, and forward a copy to give you a better idea of the difficulties it was designed to meet, so as to suggest any assistance in the protection of the rights of the Indians here that you might deem proper.

I have the honor to remain, very respectfully, your obedient servant,

WM. A. PHILLIPS,

Colonel, Commanding.

HDQRS. MILITARY DIVISION OF WEST MISSISSIPPI,
New Orleans, La., February 16, 1865.

Brigadier General MORGAN L. SMITH,

Commanding District of Vicksburg, Vicksburg, Miss.:

SIR: I am directed by the major-general commanding to acknowledge the receipt of your communication of the 13th instant, stating that the following troops from General Thomas' command have arrived at Vicksburg and were going into camp: "Three thousand have arrived; 3,000 will be down to-night, and the balance to-morrow," &c. As we had only advices of a cavalry force of 5,000 to be sent, I am apprehensive lest our dispatch of the 3rd has been misunderstood. I therefore

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*Not found.

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

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