of same date, containing the terms upon which the troops of the Trans-Mississippi Department were surrender, and directing that I should apply to the nearest officer of the U. S. Army and complete the surrender of my command in accordance with said terms. Your order did not reach me until after the commissioners sent by Major-General Herron to the Indian Nation, lately in alliance with the Confederate States, had entered into an agreement with them which renders, it impossible for me to comply literally with Your orders. Inclosed for Your information are copies of the instructions to Lieutenant-Colonel Matthews, from General Herron and the truce entered into by him under said authority with certain Indian officers. * I will endeavor to carry out the terms agreed upon between General Canby and General Smith so far as the white men who are not citizens of the Indian Nation are concerned, but would respectfully suggest, inasmuch as these men are scattered in every direction and most of them have left the Indian Territory, that arrangements be made to have them report at Bonham, Tex., Fort Smith, Ark., or to the U. S. military post nearest their homes, and give their parole or take the oath. You will readily perceive that after the agreement between Lieutenant-Colonel Matthews and Adjutant Vance and the Indian authorities it would be impracticable and would endanger my life to attempt to surrender the members of the Indian Nation. At the time of the surrender the Indian. At the time of the surrender the Indian division commanded by Brigadier General Stand Watie embraced all the troops of this district except a few staff officers belonging to district headquarters and at the military posts within the Indian Territory. Here as in Texas upon the reception of the news that General Smith was about to surrender, the troops disbanded and appropriated most of the public property. What was left was taken in charge by Colonel P. P. Pitchlynn, principal chief of Choctaw Nation, Governor Colbert, of the Chickasaw Nation, and other Indian officers and authorities. You will perceive I have neither "troops nor public property" to surrender (and I would suggest that this subject be provided for in the treaties expected to be concluded in September), but desire to do all in my power and all that honor and good faith require in compliance with the terms of the surrender agreed upon between General Smith and General Canby at New Orleans. But under the embarrassing circumstances in which I am placed it has appeared best that I should ask additional instructions, and request that such orders may be issued by General Herron as will enable the white men who were serving in the Indian Territory at the time of the surrender to obtain their release under parole and return to their homes protected by the U. S. authorities.

In reply to Your letter of the 8th instant, I will say that, like the orders of the 6th, it was retained and not sent to me until after the agreement between Lieutenant-Colonel Matthews and Adjutant Vance with the Indian authorities had been entered into and they had left the country. It would have afforded me much pleasure to have aided these gentlemen, as I think, could have been done considerably, had I known anything, officially of their mission to this Territory. I had, however, advised the Indians lately in alliance with the Confederate States to abstain from all further acts of hostility against the United States or the Indians who had adhered to them in the late war, and had advised the calling of the grand council at Armstrong Academy to send commissioners to Washington City for the purpose of renewing their ancient treaties of friendship and alliance with the Government of the

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* See Herron to Matthews, June 9, p. 830; agreement of June 19, p. 1006; and agreement of June 23, p. 1100.

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