Honey Springs Battlefield Park Master Plan Report
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HONEY SPRINGS BATTLEFIELD PARK MASTER PLAN REPORT APPENDIX Table of Contents 1.Conservation Easements A 1 2.Two papers by Dr. LeRoy H. Fischer, entitled: “The Civil War in Indian Territory” and A 3 “The Battle of Honey Springs” A 7 3.Bibliography, prepared by Ralph W. Jones A 12 4.Paper, by Drs. Stahle, Cleaveland, Gay and A 21 Therrell, entitled: “Conservation of the Ancient Cross Timbers in East Central Oklahoma” 5.Summary of Design Process, A 25 by Karen C. Hanna CONSERVATION EASEMENT CONDITIONS Following is a summary of conditions which are relevant to the viewshed of the Honey Springs Battlefield, and which would be appropriately included in a conservation easement. Conditions may vary with the owner and parcel. 1. Purpose: the purpose of this easement is to protect and preserve the historic and visual setting of lands which are relevant to the Civil War battle of July 17, 1863, as identified in the Civil War Sites Advisory Commission 1993 Battlefield Protection Study and the 1997 Honey Springs Master Plan. 2. Rights of the Grantee (a) Protection of Conservation Values: Owner may continue to use the land for agricultural purposes; including grazing or pasture, fallow land, crops or hay fields. Other uses may be allowed with the permission of the grantee. The overriding consideration will be protection of the visual, historic and/or archeological resource(s) of the land as they exist at the time of execution of this agreement. (b) Inspection and Other Access Grantee will have the right to enter upon the land to inspect for violation, and/or for installation and maintenance of screening devices [see 2(d) below], and/or for archeological visits [see 2(e) below], with 24 hours advanced notice to the owner. If necessary, owner will grant right of access over his/her unencumbered land(s) so that grantee may inspect lands covered by the conservation easement or engage in other activities outlined below. Grantee will use reasonable care not to disrupt the agricultural operations or residential conditions of the owner and his family. Reasonable effort will be made so that inspection and other access will not result in molestation of livestock or damage to crops. Emergency access, such as for fire or medical emergency, shall be granted without 24 hour notice. (c) Enforcement As determined by state legal counsel. (d) Visual Screening Grantee has the right to install devices within the protected area for the purpose of screening existing or future visual intrusions either on or off the lands protected by the easement. These screening devices may include, but are not limited to the following: tree and/or shrub plantings, irrigation systems necessary to establish and/or to sustain such plantings, earth berms or other graded features, fences or walls, painting, reglazing or recladding of existing structures. Grantee will provide separate connection(s) and meter(s) for irrigation systems at the State's expense. Owner will allow water line(s) to irrigation system(s) to cross unencumbered lands as part of this agreement. (e) Archeological Investigations and Retrievals Grantee has the right to conduct investigations to ascertain the presence and/or location of artifacts or other archeological deposits or features. Grantee may Honey Springs Battlefield Park 1997 Master Plan Report: Appendix A 1 conduct mapping, retrieval operations and/or capping of artifacts on the protected property. If these investigations and/or retrieval operations are anticipated to continue for more than thirty (30) consecutive days, grantee will work with the owner to prepare a schedule for the operations. 3. Prohibited Uses and Actions (a) The following uses are prohibited on lands covered by the easement: residential use, poultry or swine production, retail or wholesale commercial use, institutional use, industrial use, nursery, or orchard; any use which is inconsistent with those listed under 2(a) above. (b) The following actions are prohibited on lands covered by the easement: construction of any modern structure, dumping of debris or agricultural waste, storage of farming equipment outside of an approved structure or within the viewshed, erection of signage, billboards or monuments, tree cutting, drainage of wet areas, pollution, use of metal detectors for the recovery of artifacts, sale or transfer of artifacts found on the site, sale of property without advanced notice to the grantee. Construction of barns, storage or other outbuildings may be allowed after submittal, review and approval by the grantee of plans which indicate the location, size and height, building materials, color(s) and/or cladding, and purpose of the proposed building. Other features such as new fences, hedgerows, ponds or large feeding devices will also be reviewed by the grantee, and must be approved prior to installation. (c) Digging trenches, installing underground features or any other subsurface disturbance must be done in coordination with the grantee. This includes advanced notification of the action, description of the intended action, it's location and depth, dates of the intended work, and equipment to be used. If the grantee wishes to conduct an investigation of the effected areas for possible archeological features, those investigative and other archeological activities will take place at the grantee's expense, and in coordination with the owner. This clause does not apply to normal subsurface activities associated with agricultural practices and to depths already disturbed. 4. Reserved Rights Owner reserves the right to conduct agricultural uses as outlined above, to earn revenues from such activity, and to sell the property for agricultural use, as defined in this agreement. Honey Springs Battlefield Park 1997 Master Plan Report: Appendix A 2 THE CIVIL WAR IN INDIAN TERRITORY By Dr. LeRoy H. Fischer 1994 Nowhere was America's Civil War more intense or its impact more severe than in Indian Territory, present-day Oklahoma. Every able-bodied male in the area fought either with the Confederacy or the United States, and many fought with both. Death and destruction prevailed for four years. As war neared in 1860-1861, neutrality appeared unlikely for the Five Civilized Tribes of Indian Territory. Their relations with both the southern states and the Federal government had been unpleasant. Each had forced their removal from the lower South. Washington authorities controlled the investments of the tribes and owed them large sums of money, all of which would be lost if they changed allegiance. But many Indians held slaves, and the Federal agents assigned to them were southerners, and actively sympathetic with the secession movement. Moreover, their nearest neighbors were Arkansas and Texas, both determined to keep Indian Territory with them in secession. Confederate Treaties As Texas troops moved into Indian Territory in April, 1861, to capture Forts Washita, Arbuckle, and Cobb, these Federal posts were abandoned and their inadequate forces recalled for services in the East. This action removed the last United States Army troops, and the Indians were without a guardian. The abandonment of the area and its occupation by the South made tribal support of the Confederate government necessary. The alternative was unaided opposition. Captain Albert Pike of Arkansas, already well known to the Indians, was sent to Indian Territory in May, 1861, by the Confederates to negotiate treaties of alliance. The Choctaws, Chickasaws, and Seminoles readily agreed, but only a faction of the Creeks signed. Chief John Ross of the Cherokees managed at first to keep his tribe officially neutral. But a serious split occurred and Colonel Stand Watie began raising troops for the Confederate army. Finally, in October, Ross reluctantly signed with the Confederacy. Most other tribes in the territory also allied with the South. In these treaties the Confederacy took over the obligations of the United States. The Indians were required to furnish troops for their own defense, but were not to serve outside of Indian Territory. The Confederacy promised protection against invasion and domestic uprisings, and agreed to include Indian delegates in its congress. Indian Regiments Formed The Confederate government in May, 1861, authorized three Indian regiments for service; four were organized. Colonel Douglas H. Cooper, a former Indian agent, commanded the Choctaw-Chickasaw regiment; and Colonel John Drew commanded the Cherokee regiment whose officers were supporters of Chief Ross. A month before that unit was organized, Watie had formed a regiment of his own followers who were staunchly sympathetic with the Confederacy. Together the four regiments numbered over 5,000 men and involved approximately 10,000 before the war ended. Honey Springs Battlefield Park 1997 Master Plan Report: Appendix A 3 Creeks and Seminoles Flee Opothleyahola, revered leader of the Upper Creeks, assembled 6,000 Union sympathizers among the Creeks and Seminoles. By early November this expedition of men, women, children, and movable property sought sanctuary in Kansas. Colonel Cooper, with an Indian and Texan regime nt, was fast on Opothleyahola's trail, and attacked at Round Mountain on November 19, 1861, the first battle of the war in Indian Territory. Opothleyahola's forces suffered additional assaults at Chusto-Talasah and Chustenahlah. Because they were traveling to Kansas in mid-winter, they also lost large numbers from exposure and starvation. Confederate Indians Fight General Pike returned from Richmond in February, 1862, and was immediately placed in command of Indian Territory forces. The Federals in Missouri were then driving the defending Confederates into Arkansas, and Pike was requested to supply troops. In violation of treaty provisions, he sent two Cherokee regiments, who fought largely against their will in the Battle of Pea Ridge, Arkansas, March 6-8, 1862. In this Confederate defeat, Watie's forces captured a battery of artillery, although he was not present. Confederate Indian troops also participated in the Battle of Poison Springs, Arkansas (1864), again captured a Federal battery and assisted in taking a large wagon train.