December 26, 1861

Confederate troops had undertaken a campaign to subdue the Native American Union sympathizers in Indian Territory and consolidate Confederate control. They had attacked Chief Opothleyahola’s band of Creeks and Seminoles earlier at Round Mountain and Chusto-Talasah. Now, they wanted to finish them off by assaulting them in their camp at Chustenahlah. 

The Battle of Chustenahlah was fought in Osage County, Oklahoma, (then Indian Territory) on December 26, 1861.  A band of 9,000 pro-Union Native Americans (loyalist) were forced to flee Indian Territory to Kansas in bitter cold and snow.  This is known as the "Trail of Blood on the Ice."

Chustenahlah is the Cherokee word for "a shoal in a stream". The battle was fought at a well-protected cove on Battle Creek.    

After the battle of Chusto-Talasah the Confederates bivouacked that night on the prairie, returning to the battlefield the next morning, but the loyal Indians had "retreated to the mountains." After burying their dead, Cooper's men marched to David Van's, where the supply wagon train and their wounded had already been moved, and encamped for the night.

Cooper was again forced to suspend the campaign against Opothleyoholo and the loyal Indians. For one thing, his supply of ammunition was nearly exhausted; but of far graver importance was the alarming news that the defection among the Cherokees was widespread and growing. On arrival at Van's the night of December 10, Colonel Cooper learned that a group of 100 Cherokees from Fort Gibson had passed through the evening before and joined the loyal Indians on Hominy Creek. He decided to place his troops in position to counteract any further movement among the Cherokees in support of Opothleyoholo.

Colonel Drew, with the Cherokee train, and Colonel Sims and the Ninth Texas Cavalry were ordered to march direct to Fort Gibson. Colonel Cooper, with the Choctaw and Creek regiments, fell back by way of Tulsey Town (Present day Tulsa) down the Arkansas. Meanwhile, Col. James McIntosh, in command of McCulloch's Division, then in winter quarters at Van Buren, Arkansas, had been urgently requested to send reinforcements of white troops into the Cherokee country. "The true men among the Cherokees must be supported and protected or we shall lose the Indian Territory," declared Cooper in a letter to McIntosh.

Arriving on December 13, 1861 at Choska, in the Creek Nation, twenty miles above Fort Gibson, Cooper put the main body of his command into camp and hastened on with two companies of the Choctaw and Chickasaw regiment to a point on Grand River opposite Fort Gibson, where he encamped. The rapid concentration of troops, however, had by that time achieved its object, suppressing all "outward show of sympathy with the enemy."

Colonel McIntosh promptly responded to Cooper's call for aid by ordering seven companies of Young's Eleventh Texas Cavalry, five companies of Greer's Third Texas Cavalry, and Major Whitfield's Texas battalion of three companies to report to him at Fort Gibson. McIntosh urged him, as soon as the force was concentrated, "to march at once and use his utmost efforts to destroy the enemy." Cooper was also allowed to retain Sim's regiment, which had been ordered into winter quarters at Van Buren, but which was still in camp at Fort Gibson. Further, he was authorized to call on the ordnance and quartermaster departments at Fort Smith for ammunition and supplies.

On the evening of the 19th Cooper crossed over to Fort Gibson from his camp on Grand River for the purpose of addressing Drew's regiment in conjunction with Chief Ross of the Cherokees. At the fort, much to his surprise, he found Col. James McIntosh, "who announced his intention of taking the field with some 2,004 troops against Opothleyoholo."

Although disappointed by the "change in Colonel McIntosh's intentions," Cooper made no objection. He shared with McIntosh all the information he possessed of the location of Opothleyoholo’s camp and the topography of the surrounding country.  Colonel James McIntosh and Col. Douglas H. Cooper, commanding the Indian Department, planned a combined attack with each of their columns moving on the camp from different directions. The plan was to move up the Arkansas to the rear of Opothleyoholo's position, while McIntosh marched up the Verdigris and attacked in front. The strategy was excellent, although the division of forces seems to have been prompted by the scarcity of forage.

Following his address to the members of Drew's regiment, Cooper concluded arrangements with Chief Ross and Colonel Drew for the reorganization of the regiment, and returned to Choska on the 20th with Whitfield's battalion and the squadron of Choctaws.

Sims' regiment joined Cooper at Choska, but the companies assigned to him from the Eleventh and Third Texas regiments were retained by Colonel McIntosh. A supply of ammunition promised by McIntosh was not received until the night of the 23d. Delayed also by the desertion of his teamsters, Cooper was unable to begin the march for Tulsey Town until the 24th.

 Colonel McIntosh, in the meantime left Fort Gibson at noon on December 22, 1861 with a force of 1,380 men. His command consisted of five companies of the Third Texas Cavalry, under Lieut. Col. Walter P. Lane; the Sixth Texas Cavalry, under Lieut. Col. John S. Griffith; seven companies of the Eleventh Texas Cavalry, under Col. William C. Young; four companies of McIntosh's own regiment, the Second Arkansas Mounted Rifles, under Capt. William Gipson; and the Lamar Cavalry, a company of Texans attached to division headquarters, under Capt. H. S. Bennett. In addition, Col. Stand Watie's Second Cherokee Regiment, stationed on Grand River, was ordered to join McIntosh at Mrs. McNair's, on the Verdigris.

McIntosh arrived at Mrs. McNair's on the morning of the 24th. Resuming his march the next morning, he made camp on the evening of the 25th at a place unidentified, but which may have been David Van's. As the Confederates went into camp, a party of Opothleyoholo's warriors appeared in sight. A regiment sent to observe them was recalled when the loyal Indians retreated, McIntosh refusing to be drawn into a "fruitless chase." That evening a message was received from Colonel Cooper saying it would be several days before he could join in the movement. McIntosh resolved to attack alone.

Colonel James McIntosh was born at Tampa Bay, Florida, in 1828, and was the son of Colonel James S. McIntosh, who was killed in the storming of Molino Del Rey during the Mexican War. McIntosh had graduated from West Point in the class of 1849. At the outbreak of the War he was a Captain in the First Cavalry, and had been stationed at Fort Arbuckle, 1858-59; at Fort Cobb, 1859-60; and at Fort Smith, 1860-61. He resigned his Federal Commission on May 7, 1861, and joined the Confederate Army. At the battle of Wilson's Creek, in August, he commanded the Second Arkansas Mounted Rifles, acting also as adjutant to General McCulloch. He assumed temporary command of McCulloch's Division early in December when the general went to Richmond, Virginia, to explain conditions in his department.

Unable to move his wagon train farther, Colonel McIntosh placed it in charge of the brigade quartermaster, with a guard of 100 men, and with four days' cooked rations he broke camp early on the morning of December 26 and marched west toward the hills "running back into the Big Bend of the Arkansas." The Third Texas Cavalry, under Lieutenant Colonel Lane, moved in advance, a company under Captain Short forming an advance guard.

Toward noon Captain Short crossed Hominy Creek and immediately came under fire. The loyal Indians were posted "on a high and rugged hill, with its side covered with oak trees." Between the hill and the creek was open ground 200 or 300 yards in width."

Captain Short gallantly maintained his position until the main body came up. Colonel McIntosh ordered the Eleventh Texas Cavalry, under Colonel Young, to form on the left, and the Sixth Texas Cavalry, under Lieutenant Colonel Griffith, on the right. The center, composed of Lane's regiment, Captain Gipson's detachment of the Second Arkansas Mounted Rifles, and Captain Bennett's company, the Lamar Cavalry, were ordered to cross the stream and support Captain Short, and were followed by Colonel Young's troops, who formed on their left.

The loyal Indians, "estimated at 1,700," occupied a strong position. The Seminoles, under their chief, Halleek Tustenuggee, were on foot at the base of the hill, posted behind trees and rocks, while others formed a line near the top. The Creeks, on horseback, were stationed beyond in reserve.

At 12 noon Colonel McIntosh ordered a bugler to sound the charge. "One wild yell from a thousand throats burst upon the air, and the living mass hurled itself upon the foe," said McIntosh in his official report. "The sharp report of the rifle came from every tree and rock, but on our brave men rushed, nor stopped until the summit of the hill was gained and we were mingled with the enemy."

The charge upon the hill was made by the troops in the center led by Lane's regiment. The Seminoles retreated to the top of the hill, unable to stem the impetuous onset of the Texans. There for a short time a desperate struggle took place, marked by hand-to-hand fighting. Forced to give way, the loyal Indians fled in wild disorder. Young's and Griffith's regiments joined in the pursuit over the rocky hills and through deep ravines. The loyal Indians attempted to make a stand at their encampment, but were routed, and the battle ended at 4 o'clock with the Confederates "victors in the center of Opothleyoholo's camp."

The battle, known officially as the "Engagement at Chustenahlah," was fought west of Skiatook on Hominy Creek, but the exact location is unknown. Colonel McIntosh reported a loss of 8 killed and 32 wounded. He claimed the loss sustained by the loyal Indians was "upwards of 250"killed. That figure is almost the same as found in Colonel Young's report: "My regiment killed 211."

Late that afternoon Col. Stand Watie, with 300 men of his Cherokee regiment, joined McIntosh. He made a forced march, but was unable to reach Hominy Creek in time for the battle. The Confederates camped that night on the battlefield.

Early the next morning Colonel McIntosh resumed pursuit of the loyal Indians. After a march of about twenty-five miles, Col. Stand Watie overtook a body of Opothleyoholo's warriors, said to number 500 or 600. He divided his force, placing half of the command under Major Boudinot, and attacked, dispersing the loyal Indians after a running fight lasting two hours or more. Reporting no loss of his own command in either killed or wounded, he and Major Boudinot claimed to have killed about twenty loyal Indians, the figure being revised to fifteen by Colonel McIntosh in his report.

Colonel Cooper arrived at Tulsey Town (present day Tulsa) on the evening of the 26th. The following morning he heard that McIntosh had attacked and defeated the loyal Indians. Abandoning his plan to gain the rear of Opothleyoholo's forces, he decided to pursue by the nearest route. On the 28th, at Park's Store, on Hominy Creek, he met Colonel McIntosh returning to winter quarters. Cooper continued his march, moving up Bird Creek.

In a "fatiguing scout of seven days," his command followed the trail to the Kansas line, then turned west toward the Arkansas River, "embracing the entire country lately occupied by Opothleyoholo's forces." The weather was exceedingly cold, the ground was covered with sleet, and one man froze to death.

"Its results," said Cooper in his official report, "were 6 of the enemy killed and 150 prisoners taken, mostly women and children, the total dispersing in the direction of Walnut Creek, Kansas, of Opothleyoholo's forces and people, thus securing the repose of the frontier for the winter. It also demonstrated that the capture of the whole of those who remained on Shoal [Hominy] Creek up to the 26th of December, including Opothleyoholo himself, could have been easily effected had Col. James McIntosh waited until the forces under my command reached a position in the rear of the enemy, or even if Col. Stand Watie had been sent up Delaware Creek or up Bird Creek and thence to the rear of Opothleyholo's position, the same result would have been attained and the machinations of the arch old traitor forever ended."

Colonel Cooper returned to his supply wagon train at Tulsey Town and moved with the main body of his command down the Arkansas to winter quarters.

To the north, the fugitive loyal Indians struggled across the cold bleak prairies of southern Kansas. Many died of cold and starvation before aid could reach them.  Many long, weary months passed before those who survived were able to return to their homes in the Indian Territory.

 Order of Battle

McIntosh's Brigade (Confederate) - Col. James McQueen McIntosh

• 5 Companies, South Kansas-Texas Cavalry - Lt. Col. Walter P. Lane
• 6th Texas Cavalry Regiment - Lt. Col. John S. Griffith
• 7 Companies, 11th Texas Cavalry - Col. W. C. Young
• 4 Companies, 2nd Arkansas Mounted Rifles - Capt. William Gipson
• Bennett’s Texas Company - Captain Bennett

Principal Indian Commanders (Union) - Chief Opothleyahola (Creeks), Chief Halek Tustenuggee and Billy Bowlegs (Seminoles)

Result(s): Confederate victory