A Bill extending the right of Suffrage to the Citizens of Madison County in the Mississippi Territory.
SECTION 1. Be it enacted by the Senate and house of Representatives of the United States of America in Congress, assembled, that the Citizens of Madison County in the Mississippi Teritory qualified, according to Law, be, and they are hereby authorized, to elect one Representative, to the General Assembly of said Territory, to the Congress of the United States, which election shall be held, at the same time and in the same manner, as is provided by Law for the elections, in the several Counties of said Territory.
[Endorsed] No 32. A Bill, extending the right of suffrage to the Citizens of Madison County in the Mississippi territory.
17th Jany 1810 - Read the first and second time and committed to a committee of the whole House on Monday next. (67)
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(67) House Journal, VII, 176. Act approved Mar. 2, 1810... (2 STAT. 563-564).
The Committee to whom was referred a resolution of the House of Representatives, to enquire into the expediency of allowing an additional judge to the Mississippi territory, to reside in Madison county, and to have the same powers with those granted by law, to the judge of Washington county, in said Territory,
Report
That the county of Madison, in the Mississippi territory, is situated on the North side of Tennessee river, above the great bend in said river, about four hundred miles from Natchez;--- that it appears to your committee by a letter from Thomas Freeman, esquire, to the Secretary of the treasury, bearing date the 21st August, 1808, that the number of families residing in said county, at that time, were estimated at, about one thousand, and that emigrants from Tennessee, Kentucky, North Carolina, Georgia and other parts of the Union were daily coming in and viewing land for the purpose of making settlements --- Your committee are further informed by a memorial from the legislative council and House of Representatives of the said territory, that there is no court of criminal jurisdiction in said county, having authority to punish offenders against the laws of the United States, or of the territory; that the territorial judges, who reside in the neighborhood of Natchez cannot perform the duties already incumbent on them, without much labor and fatigue, and that the extensive wilderness, which separates the settlements in Madison county, from those on the river Mississippi, renders it impracticable for the present judges to attend for the purpose of holding courts in that county. --- Under these circumstances , it appears to your Committee, that without the interposition of legislative aid, tyhe inhabitants of this new and growing section of the territory will be left in a state of nature, without any competent authority to punish the violators of the peace and order of society, or to administer justice between man and man, in redressing private wrongs and injuries --- To remedy the inconveniences incident to a situation so pregnant with mischief, and so distructive of that decorum, which ought to be preserved in every well regulated community, your committee respectfully submit the following resolution,
Resolved, That it is expedient to authorize the President of the United States, by, and with the advise and consent of the Senate, to appoint an additional judge, in the Mississippi territory, to reside in the County of Madison, and to have the same compensation and powers, as are granted by law to the judge of Washington County, in said territory.
[Endorsed] Report (Mr. Poindexter) from the Committee appointed to enquire into the expediency of allowing an additional judge to the Mississippi territory, to reside in Madison county ---
25th Jany 1810. Read and committed to a committee of the whole House on the bill extending the right of Suffrage to the citizens of Madison county in the Mississippi territory. (300) consid refd commee who ho Bill for Maddison County
Town of Washington 18 June 1810
DEAR SIR/ Your letter of the 21 Ultimo inclosing instructions relative to the taking of the Census came to hand the 16th Instant; the day after the mail for Orleans was closed: so that no immediate opportunity offered to writing to Mr Williams upon the subject, Unless I shall be able to meet with a private conveyance.
I cannot calculate upon receiving Mr Williams answer before the 4th July, this I am fearful will not leave sufficient time to make arrangements to commence the enumeration before the first monday in August, If we depend upon the Post Office establishment as the channel of communication it is certain that the appointments and instructions cannot reach the distant counties before that period, not to take into calculation the casualties, of persons who may be appointed refusing to accept, or the miscarriage of letters, which is common upon these distant routes. There is no direct mail to Madison, all letters are obliged to be forwarded to Nashville, where in a great measure they depend upon accidental conveyance to the county. It is true we have a direct mail to Washington County, but it makes a trip only once in a month. Under these circumstances you will see the difficulty of commencing the business on the day prescribed by law, Every thing however within my power shall be done to guard against accident, and to accomplish the object. I do not believe it is Mr Williams intention to resume the duties of his offices in this Territory. I shall therefore immediately look round for proper persons to act as assistants, in order that no time may be lost.
I have the honor to be with great respect Dr Sir your Ob Sert.
David Holmes
HON. ALBERT GALLATIN Secretary of the Treasury
Town of Washington 14. Novr 1810
SIR, It is intended by the General Assembly to enter upon the business of apportioning the Representatives to the several Counties in the Territory before they adjourn; provided the returns are made according to law by the respective officers appointed to take the census. I have received from every county except that of Madison a complete return; but until it is made the business cannot progress. I must therefore urge you to transmit to me by the earliest opportunity a copy of the Census which you were appointed to take for that county
I am &c DAVID HOLMES
GABRIEL MOORE Assessor & Collector for 1810 Madison County
Receivers Office NASHVILLE 6th June 1811
SIR/ You will herewith receive my return for Monies Received for Sale of Lands in Madison County M. T. for the month of May Amounting to 1.595 32/100 Dollars;
By the last mail I received from You a Book containing the Laws relative to Public lands. Doctor Dickson Register of the Land Office has also recd one of the same;
In the County of Madison the people have in Circulation a great many notes. of the Branch Banks of Savannah Georgia & Charleston South Carolina, a number of these Notes have been Offered at this Office in payment of Public lands. & some few I have recd. But I find the merchants of this place will not receive the notes of the Branches of the U: States Bank, at Savannah Geoa, Charleston So Carolina, & Orleans, at less than five Per Cent discount, Many of the people of Madison County Say as the notes are on the Branch Bank of the U: States, & the money due the United States, that the notes Should be received at Par; I informed them that I could not do it without particular instructions from you, and as a part of the Second instalment will be coming due in August, I will thank you to let me know what I am to do, in Receiving these notes: I offered a few that was on hand to Lieut Kingsley District Paymaster, but he reply'd that they would not do to pay the troops with; I hope you will pardon my troubeling you so often for instructions, but I have been urged to make this Communication to you by the solicitation of a number of respectable Citizens of Madison County. at the Same time I informed them that they could not reasonably expect Government could take these notes at Par when the Merchants of Nashville would not take them for less than five Per Cent discount & many will not take them at that,
I have the honor to remain Sir Very respectfully Yr mo ob Sevt
JOHN BRAHAN Receiver of Public Monies
[Addressed] Hone A. Gallatin Secretary of the Treasury Washington City Mail
[Endorsed] Nashville June 6th 1811 John Brahan wishes to be informed whether he may take notes of the late Branches at Charleston, Savannah & New-Orleans --- Answd 25th same month
Answer That that he must not receive the Branch notes of Savannah, Charleston & N. Orleans, nor any others which he cannot pass at par in payment of drafts on himself. ----- A. G. Mr Jones
HUNTSVILLE
[June 29, 1811
Whereas by an Act of Congress passed the 25th day of February 1811, the President of the United States is authorized to remove the Land Office established for the sale of the public lands ceded to the United States by the Cherokee and Chickasaw Indians, in the Mississippi Territory, from Nashville to such place within the district for which it was established as he may judge most proper,
Be it therefore known, that, I, James Madison, President of the United States, in pursuance of the authority vested in me as aforesaid, do hereby direct that the Land Office, shall be removed from Nashville to Huntsville otherwise called Twickenham, in Madison County, there to be opened on or before the Seventh day of August next ensuing
Given under my hand, this 29th day of June 1811.
&n(signed) JAMES MADISON
State of Tennessee
Franklin County
May the 7th 1814
Colo. Return J. Meiggs
Sir we the citizenry of Franklin County beg leave to represent that lately a band of Thieves has been discovered who when at their respective places of residence are found to be InterspersŐd among the People of Franklin, Warran, & Madison Miss.Terr. Counties and a considerable proportion of Them Residing on the Indian Land who have founded places of Deposit for Stolen goods. It has been Clearly discovered by the confession of some of the parties and by a great Quantity of Stolen goods being found on the Indian Land that theft & There only they make their places of Deposite. By means of which their business is Very much facilitated. there has been found of the Stolen goods 12 Horse Loads. the number of thieves is Said to Exceed one hundred all Connected by the Usual ties that bind such Characters -- as our Country Is Very much Infested and Our property Very Unsafe by Reason of these Nefarious Characters We beg that you will Interfere and Use Such means or procure Such force as you may think necessary to Remove all persons who Contrary to Law has Settled on the Cherokee Land which we believe will be one of the most Effective means to remove those pests by which our Country is Infested The Citizens of this County If Authorised will Engage to Drive them off and not Suffer them to return; those on the frontiers or adjacent thereto of this County & that of Madison M.T.
Richard Callaway
Leod Tarrant
John W. Holder
Jones Young
John Shankle
James Drake
Archd Woods
John Smith
John Turner
Hugh Caperton
James Doran
John Denson
Saml. Berry
Abram Horton
Wm Caperton
Wm Demnal
GB Miller
Saml Handly
John Barnett
James Cox
James Lewis
John Bell
David Bell
Wm Wood
Wm Cowen
R Crable
Jono Spyker
Wm Reynolds
Jas. Estile
A J Achlen
B W McWhorter
Temple Pastor
John Russell
James L. McWhorter
Wm Mclain
Benjamin Wear
Henry N. Neeley
Hezekiah Farris
Robert Larkin
Pleasant H. Bean
Benjn Thompson
John Farris
William Russell
John Cowan
Temple Sargon
William Russell
George Russell
Robert Cowan
Source: Hoskins Library, Special Collections, of the University of Tennessee Libraries, Penelope Johnson Allen Collection, MS 2033, box 1, folder 78, document 0034.
CHEROKEE AGENCY 12th January 1815.
SIR I am informed there is a large number of white men Citizens of the United States who have driven great numbers of Horses & Cattle on the Indian lands lying within the proper limits of the Mississippi Territory: principally on that part of the Territory lying East of Madison County. and that some of those Aggressors have built Cabbins and have made actual settlements on that land.
The mode hitherto practiced to remove such intruders has been to send troops to remove them burn their Cabbins, fences &c. But in no instance to commit any violence on their persons. or hurt the property of any individual. (Cabbins & fences made by Intruders cannot be denominated their property.) In removing Intruders humanity & tenderness has been always exercised towards those people But it is now practically found intirely ineffectual. & Some other mode of proceeding to remove the evil must if possible be adopted. Cannot civil process be served on those Intruders or on the principal aggressors & bring them before the proper Authority to be dealt with agreeably to the laws of the land? The Intercourse law (so called) will I presume reach the cases of these Aggressions.
Cannot the Marshal or his deputy serve writts within the Indian boundary? or perhaps the High Sheriff of the County - taking with them such aid as may be necessary from the Militia.
I do not know the names of any of those Intruders: but their being found on the Indian lands without passports in violation of that law is all the evidence that can be necessary to convict the persons so found. If a few examples can be made it will have ten times the good effect as that of burning Cabbins.
Those people fly from regular society to live without restraint & avoid all the duties of good citizens which they owe to the community - and if suffered to increase may in time become dangerous malecontents. they vainly plead the want of means to support their families. Some of them I am told possess very considerable property: have large stocks of Horses & Cattle - they destroy the only ranges which the Indians have to support their Stocks in winter - the Indians are helpless and look to the Government for relief which the Government is bound to afford agreeably to treaties. Those aggressors know that the regular troops are withdrawn from these frontiers & think the Arm of Government cannot reach them while the war continues - I hope the civil law can reach them which will be better than to send regular troops. -
I request you Sir as an Officer of the General Government to take such Steps as may be in your power to remove those infractors of the laws - as before mentioned I think a few examples would repress the licentious disposition to intrude on Indian lands:
I have the honor to be very respectfully your Obt Servant
RETURN J MEIGS
U. S. Agent in the Cherokee Agency
LOUIS WINSTON esqr Attorny for the U. States in Madison County M. Territory
[Endorsed] Letter to Louis Winston esqr Attorney for the U. States. Madison County M: Territory Subject, Intrusions on Indian lands 12th January 1815.
GENERAL LAND OFFICE 10th Febr 1816.
SIR, I have received your letter of 12th Ulto: - the act 18 May 1796 does not govern the reservations for the use of Schools in the Mississippi territory; the act of 3d March 1803 establishes two Land-offices in that territory; and the 12th section declares, that section number sixteen in each township shall be reserved for the use of schools; without any exception similar to that which you mention in the act of May 1796, relative to fractional townships N. W. of Ohio river. - The sales therefore of sections No 16, were erroneous, and must be cancelled, the general spirit of the Laws being to reserve 1/36th part of the land for the use of schools.-
I am &c.
LEWIS SEWALL Esqr. St Stephens.
*Note that Madison County's totals were estimated because the person designated to conduct the census, the Tax Assessor and Collector, failed to make a copy and make his return on time.
WAR DEPARTMENT 24th June 1816.
SIR. In my letter of the 27th of May you were instructed to renew to the Cherokee nation the offer Which was made to their deputation last winter for extinguishing their title to the lands lying west of a line drawn due South from that point of the Tennessee river intersected by the Eastern boundary of Madison County. In my letter of the 15th Inst you were directed to use your best exertions to induce the Cherokees to send a deputation to the negotiations which are to be opened with the Chickasaws on the 1st Sept next. for the purpose of settling all disputes in relation to boundaries between the several Indian tribes represented---
Should you not have an opportunity to act upon the former of these instructions before this deputation shall set out for the Chickasaw nation, or should the proposition be declined, the President desires that you will make every exertion in your power to induce the nation to invest the deputation with full powers in relation to this object.
As these lands are reciprocally claimed by the Cherokees & Chickasaws, and as it is intended that their respective rights shall be investigated by the American Commissioners, the impossibility of agreeing among themselves may lead to a determination on both sides to dispose of their litigated claims to the United States who are disposed to give them a liberal price for the lands in dispute between them.
I have the honor to be your most obt & very humbe Servt
Wm H CRAWFORD
COLo RETURN J. MEIGS. Agent to the Cherokees.
[Endorsed] From Wm H. Crawford, Sec'y of War, to Colo Return J. Meigs, Cherokee agent, Rhea Courthouse, Tennessee, June 24, 1816. Indian Book. Recorded, Vol: 3d page 385.