Prior to the Confederate Treaty, the 1st Ark MR would have been "invaders" in the Cherokee Nation but if they were located near Benton Cty AR or McDonald Cty MO, it would have been consistent with McCulloch's message to Chief John Ross that he would not hesitate to send forces into the "neutral" Cherokee Nation to oppose invasion of Arkansas from Kansas. Of course it was perfectly clear to Chief Ross that if the Cherokee government gave any appearance of being pro-Union, the Southern Cherokee and their Arkansas allies would over throw the government and install Watie as principal chief.