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The Seminole did not; to the contrary, they welcomed runaway slaves as members
of the tribe, and intermarried with them. The Choctaw and Chickasaw fought
“almost to a man” with the Confederacy. The Cherokee and Creek were divided.
When, at the beginning of the Civil War, Union troops abandoned forts in Indian
Territory because the troops were needed farther east, Confederate troops drove
Union loyalists out of Indian Territory. Many of them froze to death; others
sought refuge in Osage country. There they were recruited and armed on the
condition that they would fight only in Indian Territory. This was to allay
fears that, once armed, they might turn against the white population of Kansas,
although they did see action in Missouri and Arkansas. The Home Guards
mustered out 13 May 1865.
SOURCES: Files at Fort Scott, Kansas; Abel, Annie Heloise, “The Indian as
Slaveholder and Secessionist,” 1919, and “The Indian as Participant in the
Civil War,” 1919; Debo, Angie, “The Road to Disappearance,” 1941.
After the war, James A. Phillips moved to Burlingame, Osage, Kansas, on the
Santa Fe Trail. According to Miami County publications dated 5 October 1867
and 12 October 1867, he reenlisted in the regular army to join the fighting
on the frontier, but he soon returned to Burlingame, where he served as Osage
County Attorney. In the land records of Osage County there are seven valid
deeds to James A. Phillips (two tax deeds were cancelled upon redemption by the
previous owner); the first was dated 5 March 1869. He is listed in the 1870
United States census for Burlingame City, Osage County, Kansas as a lawyer,
living in a rooming house with, among others, Ellis Lewis, his law partner.
James A. Phillips never married. He died on 3 May 1872 and is buried at
Burlingame City Cemetery (400 feet east and 50 feet south of the entrance).
When James A. Phillips died he owned 520 acres of land in four parcels
scattered about northern Osage County, all obtained by payment of delinquent
taxes, and appears to have owned another 320 to 560 acres for which no deed
was recorded. He also had numerous debts and, although a lawyer, he died
intestate (without a will). His probate case dragged on for five years.
The Affidavit of Death, filed 4 May 1872 by Ellis Lewis, states that “Joseph
H. Phillips is the name of one brother of the said James A. Phillips, and his
residence Miami County, Kansas, the names of the other heirs not known; their
residence in Morgan County, Indiana, and in the State of North Carolina.” On
the same day, Joseph H. Phillips declined to administer his brother’s estate.
On 5 April 1873 was written a letter, with beautiful penmanship, to Judge
H. A. Billings, Burlingame, Osage Co., Kansas, from W. C. Phillips and Riley
Vestal of Asheboro, Randolph Co., North Carolina. The writers complained
that they had written to Ellis Lewis, who had been named as Administrator of
the estate of James A. Phillips, but they had “received no answer.” They
both claimed to be heirs to the estate and asked the Judge to inform Mr.
Lewis “why we have written to you instead of him.” They had “heard it hinted
that Ellis Lewis and J. H. Phillips were trying to get the whole of the
Estate and we wish to know if you think there is any reason to fear such a
thing. Also what the Estate amounts to & is there any debts against the
Estate?” As a P.S. they added these words: “Perhaps it might be prudent here
to state W. C. Phillips is a half Brother to James A. Phillips” and that
“Riley Vestal married a sister to the same J. A. Phillips.”
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