Jerry Coffee,
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I have spent a lot of energy trying to answer this question: ..Who was allowed to cross Red River?
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Neither Cherokees nor non-Texan were given permission carte blanche to cross Red River. At this point of my study, I think that only those Indian Territory residents - and other non-Texans - with "political connections" in Texas were given "passports" to cross Red River. Then, as now, the rich and well-connected could easily procure passports, but all newcomers had to have passports.
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Bourland placed men up and down Red River to keep non-Texans North of Red River, per a mandate from the Texas Legislature that strangers had to have passports. Starving and freezing people, yes, mostly Indians from the Five Civilized Tribes, even Confederate sympathizers camped along the North bank of Red River.
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Below are "identification papers" entries in my 134-page Name Index, on my "CollectiveTerms" page of my website. http://www.bourlandcivilwar.com/CollectiveTerms.htm
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identification papers
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passports, passes, passwords, 134, 135, 136, 195, 218, 221, 224, 305, A-157
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vIp134...Provost Marshal James Bourland’s responsibilities included " .. 2).issuing passports for travel and could arrest anyone considered “injurious to the interests of the country."
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vIp136. ...Jun 1862.....“[Provost Marshal] James Bourland refused to issue passports to and arrested John M. Cottrell and A.N. Johnson, who had married the daughter of Lucretia Hawley that day. Lucretia’s husband, Elias J Hawley, who had been a Butterfield Stage employee, had fled leaving her “with no consolation but her wit, and no dowry but her beauty.” ... per McCaslin’s TAINTED BREEZE, p58.
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vIp146. "... Quantrill moved up on Red River, where he went into winter quarters. ..There was a distillery near the place making whiskey. ..Quantrill’s men found the distillery, killed Freeman, the owner and one of his sons. The people now learned that Quantrill was on hand. ..There were refugees from Missouri and Arkansas camped all along the [north bank of] Red River. .." ..per Gautier’s HARDER THAN DEATH, THE LIFE OF GEORGE R. GAUTIER, AN OLD TEXAN LIVING AT THE CONFEDERATE HOME, Austin, Texas (1902), 67pp. G.R. Gautier (1839-1924) was born in Lexington MO and served in Co. B, 15th Texas Confederate Cavalry.]
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vIp195. “ ... The general commanding [McCulloch] wishes you to exercise peculiar vigilance in stopping these fellows. Parties, too, are reported passing through the country on the credit of Quantrill's men, who are, in all probability, jayhawkers, or, perhaps, spies. They should be looked to. I have heard that Quantrill himself published a card with reference to such characters [passport], saying that unless they are provided with a printed furlough from him, they are sailing under false colors. ... ” per ORsIv22/2[S#33]p1081. (Duval to Gano, Nov 29, 1863)
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vIp224. “... While [authorities were] traveling through Cooke County gaining names for a petition to have local units returned home for the protection of their home counties, Wm. R. Strong was arrested for lack of proper identification, which was defined by Bourland as orders over the signature of General H.E. McCulloch. ...” per “W.R. Strong: His Memoirs,” (1914).
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vIp305. “... Also, one Robert Henson of Capt. Davenport’s Co., [Col. J.G.] Steven’s Regiment, and was found at home without proper papers. ...” per BP-DM4406-3P-211 (Bourland to Capt. Benton, Feb 17, 1865).
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vIp336... “ ... Six thousand (6,000) Cherokees were reported to be on the Red River at the time of the Fort Smith Council [Sep 1865]. Needy and friendless, far distant from their desolate homes, and there were Seminoles in the lowlands of the Washita [River].” per Abel’s AMERICAN INDIAN AND THE END OF THE CONFEDERACY, 1863-1866, p292 (Boudinot, Jumper, et.al. to Cooley, Sep 18, 1865, p347-351).
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vIp339. "... he [Colonel James Bourland] remained there [his farm on Red River] until an ordinance of secession was passed by the State, then after the second year’s war, he organized a regiment for border purposes, placing his men up and down Red River for home protection. ..." ..from Speer’s ENCYCLOPEDIA OF THE NEW WEST, Marshall TX, U.S. Biographical Pub. Co. (1881), p573.
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This is an important question for our history. Please send additional contemporaneous sources.
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Patti, prochette@Juno.com