BY THE PRESIDENT OF THE UNITED STATES.
Whereas by the Act entitled "An Act making appropriations for carrying into effect a treaty between the United States, and the Chickesaw tribe of Indians and to establish a Land Office in the Mississippi Territory" (14) it was enacted "That it shall be the duty of the Surveyor General of the Public Lands, South of Tennessee, to cause to be surveyed and laid out in the same manner as is provided by law, for the other public lands in the Mississippi Territory, so much of the lands ceded to the United States by the Cherokees and Chickesaws, as lies within the said Territory: and the President of the United Sttes is hereby authorized, whenever he shall think it proper, to establish a Land Office for the sale of the said Lands"
14 Approved Mar. 3, 1807
Whereas I, James Madison, President of the United States, in conformity with the provisions of the Act before recited; do hereby declare and make known, that sales for the public lands in the County of Madison, Mississippi Terry which have been ceded to the United States by the Cherokees and Chickesaws, and are bounded, North by the Southern boundary of the state of Tennessee, Eastrdly by the lands of the Chickasaws and terminating Southrdly on the Tennessee River, shall be held at Nashville in the State of Tennessee, to commence on the first Monday in August, One thousand eight hundred and Nine, and to continue for and during the three following weeks.
Given under my hand, the fifth day of April, One thousand eight hundred and Nine.
Signed, James Madison
Emigrants on the Tennessee River
- from Harper's New Monthly Magazine August 1858
SIR I had the honor of inclosing you by last mail from hence, a Register of Application recd and permissions granted to the settlers on the publick lands now Madison County Mississippi Territory -- I now have the honor to transmit herewith a census of these settlers taken in January last -- other families are yet coming in to the county 'tho' strictly forbidden to make new settlement since the first day of Jany last -- agreeably to my instructions on that subject --
By the particular request of General Robertson of this place, I take the liberty of communicating the following information given to me by him --
He says, That George Calvert*(Colbert), of the Chickasaw Nation his brothers -- and Mestubby, one of the principal Chiefs of that Nation, have frequently complained to him, of the intrusions of the white people on their lands -- They say That they have endeavoured to discountenance and prevent these Intrusions -- That they have sent on complaints to the President on this subject -- Yet, these people are not only suffered to remain undisturbed -- but others are coming in daily, and these intruders are even selling the land to each other -- Under these circumstances they say, that their Nation has at length determined to make one more formal complaint to the President on this subject, and should he not listen to him, but suffer these people to remain on their lands -- The Nation will positively move them off by force -- Their intention is, in the event of their being under the disagreeable necessity of removg these people by force, to proceed in that unpleasant business in a peaceable manly & decisive manner -- by first making known to them, the determination of the Nation with respect to them, and fix on a day beyond which they should not be suffered to remain on Indian Lands -- should these people refuse to go, the Nation would send such an armed force to remove them as would preclude the possibility of opposition on the part of the whites -- that they would move them all off, and burn their Houses -- the Nation does not wish to injure any of these people, but, is fixed in the determination that they shall not remain on Indian Land --
These Chiefs further say, That their Nation has agreed to sell for a reasonable consideration to the U. States, all the land East of Elk river and North of Tennessee River -- so that Elk river may hence forward be the boundy from the south boundy of the state of Tennessee to Tennesse river Provided, the President will remove all the white people or settlers off of the Indian lands west of Elk & North of Tennessee Rivers.
The old Chief -- Mestubby, & Calvet*(Colbert) have requested Genrl Robertson to make this Decision of their Nation known to the President -- and to let them know his answer that they may conduct themselves accordingly -- The General has requested me to make the communication for him -- I do it with pleasure -- 'Tho', with diffidence trouble you with it as it may not belong to your department but I have no doubt you will dispose of it as it deserves
This tract of country East of Elk river offered by the Chickasaws for sale, is greater in extent, and far superior in quality, to the tract adjoining, to which the Indian Claim has been extinguished -- now call'd Madison County -- It will be a desirable acquisition as it will make a compact well shaped & most valuable County of Madison --
I have the Honor to be Most respectfully Sir, Your Obedt Servt Thos Freeman
THE HONble ALBERT GALLATIN Secty of the Treasury -- U States
[Endorsed] Nashville Mar: 4th 1809 Thos Freeman File Mr Moore A No 3
Thos Freeman deserves full credit. That part of the letter which relates to the tract offered for sale by the Chickasaws & Principally to the removal of intruders on their lands, seems to require immediate attention --- ---A. G.
(Note: Thomas Freeman was Deputy Surveyor)
TREASURY DEPARTMENT April 10th 1809. JOHN BRAHAN Esqre & WILLIAM DICKSON Esqre Recr & Regr Nashville, Tennessee.
SIR. Enclosed I transmit to you a Commission from the President of the United States, appointing you to the Office of* Receiver of Public Monies, (*Register of the Land Office of the United States for the sale of Public Lands in Madison County, Mississippi Territory) for Lands of the United States in Madison County, Mississippi Territory, and have to request that you will immediately qualify yourself by taking an oath to support the Constitution of the United States, and for fidelity in Office, with a bond executed by yourself and One or more good Sureties in the sum of ten thousand dollars.--- A form of the bond is enclosed.
The forms and instructions necessary for your Government in the execution of the duties of your Office, are now preparing, and will be forwarded to you as soon as possible. I enclose in the mean time the Presidents proclamation announcing the public sales for the first Monday in August next. (*In letter to Regr add: )This you will be pleased to have inserted till the time of sales in any newspaper which may have most extensive Circulation in the County of Madison, and in the papers published in Nashville, Tennessee; and to have copies posted up in Nashville & some conspicuous places in the County of Madison.
I am &ca ____
(17) Of Virginia.
(18) Of Tennessee.
Highwassee Garrison 12th June 1809---
SIR I returned on the 10th Instant having accompanied the detachment from this Post on the duty of removing intruders from the Indian lands as directed by the late Secretary of War in December last & more particularily pointed out in your letters of the 13th & 20th March last.
We removed from the Cherokee lands Eighty three families, And from the Chickasaw lands 201 families 93 families on that part of the Chickasaw lands adjoining Easterly on Maddison County M. Terry. having had some encouragement that they would not be required to remove (from General Robertson & others) had gone early into the cultivation of their lands. Colbert one of the principal Chickasaw Chiefs had informed General Robertson that the United States might have that land east of Elk river & adjoining Maddison County. These people paid every respectful attention to the requisition to remove: but requested me to wait untill they could be assured by the Chickasaws that they might at least stay untill their crops were completed. in this it appeared right to indulge them; while they sent a delegation to General Robertson & Colberts ferry. The delegation altho, aided by General Robertsons influence was unsuccessful. The removal was then completed in a few days without any dispute or complaint, all went off except one sick person & some women lately in childbed. The greatest part went into the new county Maddison, & into the Western Settlements of Tennessee. They hope yet to take there crops. Some of these people went on these lands previous to the boundary line being run expecting to be within the purchase, others came on afterwards: they say they were frequently informed from the Chickasaws that they might stay on the land. Altho they came under the description of aggressors, it is my duty to say that many of them are reputable well informed, & rich in Cattle & horses--- no hunting agriculture their sole pursuit.
They request me to assure the Executive that they did not set down on these lands to exclude themselves from regular society, to evade the bearing their portion of public duty, civil or military; & that they duly appreciate the mildness of the instructions to the military sent on this business. This is the character of the settlers on the Chickasaw lands--- and may be said generally to apply to those on Cherokee lands, one exception--- A man by the name of Moss had given out that he would oppose being removed. He was always armed, quarrelsome, & considered by all as a dangerous man We endeavored to take him but he escaped, he had left a wife & several Children in Tennessee & had seduced a daughter of one of his neighbors off from her fathers house, & brot her with him on the Indian lands; & beat her father in a cruel manner who was endeavoring to recover his Child from the hands of the ruffian.
It was in contemplation to burn his cabbin: because he had declared that he would return when the Troops returned to the Garrison. This caused a small accident, two of the soldiers set fire to a small cabbin which they supposed belonged to Moss. it proved afterwards to have been an evacuated Cabbin built by an Indian, not worth ten dollars. This is the only instance of disorder or act of severity, & done by the two soldiers without any order. It has been the custom formerly to burn the cabbins, destroy fences & crops of corn &c. Under the late Administration this was not permitted; & our instructions now also forbid it, & all the forbearance & humanity has been exercised compatible with the removal of the Settlers: & is duly valued by them & expressed every where to us. Our whole march has been Four hundred & twenty five miles exclusive of the march of Small parties to remove some in secluded places The detachment was fifty one days in the execution of this business Total families 284.
I am very respectfully Yr Obt Servant
Return J. Meigs.
John Smith esqr Acting, Secretary of War.
[Endorsed] Highwassee, June 12th 1809.--- Colo Return J. Meigs,---
Relative to the removal of 284 families from Indian Lands.--- Reced June 29th 1809.
Highwassee 12 June 09 R. J. Meigs Relative to the removal of 284 families from Indian Lands. Reced 29 June 09
646
12
____
7,752
Had any instructions been given to remove from Madison Co, those settlers who had not obtained permission from Govt according to law (through Mr Freeman) and has Mr Meigs or any otherr officer written on the subject? I am told there is a Yazoo claimant named Harrison who has refused to move. --- A. G. Mr Jno Smith --- War Dept
Answered that no such orders had been given, nor any information received on the subject of the intruders in Madison County. Sep: 12 1809 J. S. C.C.
SIR You are hereby authorized, and empowered to administer to William Winston Clerk of the County court of Madison the oaths of office required by law, and to receive from him a bond with sufficient sureties for the faithful discharge of his duties. This bond you will forward to my office without delay.
I am respecty THO: H. WILLIAMS
STEPHEN NEALE ESQ.
SIR I have received your letter of the 27th April in which you express the embarassment you are under with respect to qualifying yourself as Clerk of the County Court of Madison. To obviate those difficulties, I have authorized Stephen Neale Esq. Sheriff of the County to administer to you the oaths of office required by law, and to receive your bond for a due execution of the duties of your office.
As soon as the Governour arrives it is probable one of us will visit your settlement, as I see no other way in which the county can be satisfactorily organized.
I am with respect THO: H. WILLIAMS
WILLIAM WINSTON Esq.
TOWN OF WASHINGTON Septr 8, 1809
DEAR SIR, The Executive of this Territory have been and still are, very much at a loss for a knowledge of proper characters to fill the various offices essential to the organizing of the County of Madison. I have not met with a person in this part of the country who possessed any information upon the subject; I therefore take the liberty to request that you will be so obliging as to make out and transmit to me a list of the names of persons residing in different parts of the county who in your opinion it would be proper to appoint to the offices mentioned at the foot of this letter. In doing this you will have special care not to enter the name of any one who is in the remotest degree connected with the Yazoo claim, or whose friends or relations have an interest in its' establishment. I would not for any consideration that an error should be committed in this respect. I will also thank you to inform me whether these claimants have settled on the public lands in any considerable number in the county. From the circumstance of your having attended the sales of lands which took place in august last, you are in all probability better able to furnish the information requested than any other person. Your attention to this business will render a service to the United States and oblige, Dr Sir, Your friend & ob. Servt
DAVID HOLMES
WILLIAM DICKSON esqr Register of the Land office Madison County.
5. to fill the Offices of Justices of the quorum -- I am not certain but that some have been appointed -- you can however send me the names of five persons.
1. Colonel
2. Majors
10. Captains -- as many Lieutenants and Ensigns
4. Justices of the Peace.
TOWN OF WASHINGTON Septr 9, 1809
SIR, The intercourse between this place and the County of Madison being very inconsiderable, the Executive are much at a loss for a knowledge of proper characters to fill the various offices essential to the interest and welfare of the people in that part of the Territory. I must therefore request that you will be so obliging as to forward to me a list of the names of such persons in different parts of the County as in your opinion it would be proper to appoint to the offices mentioned at the foot of this letter.* (*same as in the above letter) In doing this you will take a special care not to enter the name of any one in the least degree connected with the Yazoo claim, or whose friends or relations are interested in it's establishment. I am very solicitous that no error should be committed in this respect.
I am Sir very respectfully Yr Ob. Servy
DAVID HOLMES.
LOUIS WINSTON Esqe Atto Genl Madison Co
Registers office NASHVILLE Septr 28th, 1809
SIR, I herewith transmit the returns of the Sales of public lands at this place for August: (33)
In answer to yours of the 12th Ult I have to state that Michael Harrison continues in the occupancy of the land he improved in Madison County without having relinquished his claim or taken a permission --- the same tract has been recently entered by another person in this office, I do not hear of his having any adherents, but that all purchasers under him came forward last Winter to Mr Freeman relinquished their claims and took permissions as tenants at Will --- Several of whom have since become purchasers from the United States.
Since that period it has been stated to me by the Sheriff of Madison that many families, he thinks about three hundred, have settled in that county, that generally they do not pretend any claim but in the true spirit of Intruders, many of them avow their intention of keeping out of possession by force those persons who have purchased of the United States. I do not think the civil authority in that County will be sufficient to give possession to purchasers ---
The enclosed original letter was put into my hands by Mr Freeman.
I am, Sir your most Obt Servt
Wm DICKSON
HON. Mr GALLATIN.
[Addressed] The Honble Albert Gallatin Secy of Treasury. U S. Washington --- [postmarked] Nashville 9. Free
[endorsed] Nashville Septem. 28th 1809 William Dickson, Register of the Land-Office -- de Intruders on public Lands --- To be filed
Dickson Intruders on Lands in Bend of Tenessee---
(33) Brahan to the Secretary of the Treasury, Sept 10, 1809, transmitting deposits for land sold Aug. 7 to Aug. 31, 1809, amounting to $14,038.34 (GLO, Huntsville, Reg. and Rec. Letters, IV).
TREASURY DEPARTMENT 29th Octr, 1809
THE PRESIDENT OF THE UNITED STATES
SIR It having been understood last autumn that a number of intruders had settled on the public lands in Madison County (Bend of Tennessee) Mississippi Territory Mr Thomas Freeman was instructed by direction of the President to notify those persons that unless they signed declarations that they had no claim to the land & obtained permissions to remain as tenents at will, they would be removed by force. A very general compliance took place, the heads of three to four hundred families having signed the requisite declaration, and a Mr Michael Harrison who appeared to be the only Yazoo claimant on the land having promised to remove. But after the lands had been advertised for sale he published an advertisement herein enclosed dated from Madison County giving notice of his claim &c.
This induced me to write to Mr Dickson the Register whose answer I have now the honor to enclose. The threats & notices have not effected the sales: for about 24000 acres have been sold in three weeks for a sum exceeding Sixty thousand dollars. But the Sheriff has stated that there are more than three hundred families of intruders who he thinks will keep forcible possession. Under those circumstances it is submitted whether Michael Harrison should be immediately removed by force, or whether it would be desirable that Congress should in the first place extend the time for granting permissions to remain on the land as tenants at will and afterwards to carry rigourously the law into effect on those who shall not have complied with its terms or will refuse to give possession to the purchaser.
I have the honor to be respectfully Sir Your Most Obedt Servt
ALBERT GALLATIN
TOWN of WASHINGTON November 8, 1809
DAVID HOLMES Governor of the Mississippi Territory,
To all who shall see these presents:
Be it Known, that I do hereby authorize and empower Stephen Neal esqr of Madison County, to administer the oath of office as prescribed by law, to all officers whom I have, or may, appoint in the said County of Madison. The power and authority aforesaid to be exercised by the said Stephen Neal until the same shall be revoked by the Governor.
DAVID HOLMES