The next opportunity to crush Opoeth-le-yo-ho-la came in the Battle of Bird Creek [Chusto-Talasah, Little High Shoals, or the Caving Banks],[517] fought December 9, 1861. On the twenty-ninth of the preceding month, a part of Cooper's force had set out for Tulsey Town and an advance guard had been sent up the Verdigris in the direction of a place, called "Coody's Settlement," where Colonel John Drew with a detachment of his regiment of Cherokee full-bloods was posted. The orders were that Drew should effect a junction with Cooper's main force and, on December eighth they were all encamped on Bird Creek in the southwestern corner of the Cherokee Nation. At this juncture, word came that Opoeth-le-yo-ho-la wished to treat for peace and Major Pegg, a Cherokee, with three companions was sent forward to confer with him. They found the Creek chief, surrounded by his warriors and ready for battle. It was evening and Colonel Cooper had scarcely heard the news of the Creek determination to fight when a message came that four companies of Drew's regiment, horrified at the thought of fighting with their neighbors, had dispersed and gone over to Opoeth-le-yo-ho-la. The incident did not promise well for success on the morrow and the Battle of Bird Creek was another indecisive engagement, although the Creeks, eager and resplendent with their yellow corn-shuck badges, seem to have had all the advantage of position. Again they made their escape and again Colonel Cooper was prevented from following them, this time because he was exceedingly fearful lest the Cherokee desertion might have a lasting and disastrous effect upon the remaining Indian forces, particularly upon the small group that was all that was left of the original First Cherokee Mounted Rifles. Cooper's personal opinion was, that the defection was widespread among the Cherokees and that it would be sheer folly to start out after Opoeth-le-yo-ho-la until more white troops had been added to the pursuing force, by way both of reënforcement and of encouragement. Instead, therefore, of continuing northward, Colonel Cooper drew off in the direction of Fort Gibson and, from that point, sent for aid to Colonel James McIntosh at Van Buren. He then occupied himself with his own troops and prevailed upon John Ross to rally[518] the Cherokees. It was now the nineteenth of December and the aged chief did his best to keep his people true to the faith that the nation had pledged in the treaty of the seventh of October. He recalled to their minds the fact that it was, by all odds, the best treaty that the Cherokees had ever secured, the one that gave them the fullest recognition of their rights as a semi-independent people, and he might have added with sad, sad truth that it was the best that they could ever hope to get. He made no such pessimistic reflection, however, but concluded,