1825 Miller Co. Petition
ARKANSAS TERRITORY, TERRITORIAL PAPERS
Clarence E. Carter (ed), The Territorial Papers of the United
States, Territory of Arkansas XX, 136
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PETITION TO THE PRESIDENT BY CITIZENS OF MILLER COUNTY [NA:OIA,
Lets. Recd. (Ark.): DS] [No date, 1825] To the President of the
United States The Petition of the undersigned Inhabitants of
that Part of Miller County, in the Territory of Arkansas, ceded
and confirmed to the Choctaw Nation of Indians, by Treaty made
with them at Washington City, in the present Year (1825).
Respectfully Sheweth. -- That the tract of Country upon which
Your Petitioners reside, was acquired by the United States from
the Quapaw Nation of Indians, by Treaty made with them about
the Year 1818. By which said Treaty, the said tract of
Country became a part of the public Lands of the United States,
And that the Legislature of the Territory of Missouri (within
which the said tract of country was then situated) included the
said tract of Country upon which Your Petitioners now reside,
within the Civil Jurisdiction of Hempstead County of that Territory,
by an Act of the Legislature thereof (which has since been divided
and Miller County erected out of the Western part of said County
of Hempstead). That about the Year 1819, a part of the same public
Lands upon which Your Petitioners now reside, were under the
Authority of the United States surveyed into Townships, and subdivided
into sections as far as Ranges 38 or 29 West, and within about
eight Miles of the present western boundary of Arkansas Territory,
as established by Act of Congress, and lately surveyed and marked.
That on the 5th January 1819 (see accompanying document No. 1)
by Authority of an order from the Secretary of War, a few Settlers
that were on Red River about Kia-Miche, and on the Arkansas above
the Poto, were removed below, and East of those Rivers, to where
no prohibition to settling then, or since, existed, and within
a few Miles of which point (Kia-Miche on Red River) the public
Lands were about that time, or soon afterwards, surveyed into
sections, as if to facilitate Settlers in acquiring titles to
the Lands they choose to settle, in the usual way provided for
by law. That under these encouragements by the Authorities
of the Government, there was an immediate and considerable Increase
of the settlements at and below Kia-Miche, on Red River, upon
and near the lands surveyed into sections as aforesaid, most
of which settlements were made with a view to being permanent,
and improvements large and valuable. That Your Petitioners became
greatly alarmed by a Treaty made with said Choctaw Nation of
Indians at Dokes stand, about the year 1820, by which the country
upon which Your Petitioners reside (together with other large
extents of adjoining Territory) was then ceded to said Indians.
But were soon afterwards reconciled by assurances from the President
of the United States, received by James Miller, Governor of Arkansas,
that it was not the view or intention of the General Government,
to remove any of the Settlers from the Lands then ceded to said
Indians and that the then settled parts of said country so ceded
to said Indians would be repurchased from them, which assurances
have been by the Delegate in Congress from said Territory, frequently
since that time renewed. And under which assurances, Your
Petitioners became satisfied, and have continued enlarging their
farms and improvements. Your Petitioners further respectfully
represent, that from the time of their first settlement where
they now reside, Civil Government, and Civil Jurisdiction has
been extended to them, and Court of Law established and held,
within the tract of Country lately ceded and confirmed to said
Choctaw Indians by the aforesaid Treaty of the present year (1825)
and that under the authority of an Act of Congress (passed in
1824 granting rights of pre-emption for lands on which to establish
permanent seats of Justice of New Counties, a quarter section
of land had been selected by the proper commissioners of said
County of Miller, and part of the public buildings contracted
for. Under which assurances of protection and Civil Government
a large number of Settlers (see accompanying Document No. 2)
have continued to enlarge their improvements, plant orchards
and increase their Stocks &c. up to the present time, and
that now to abandon their plantations, and remove their families
and property, is to them ruinous and impossible. Your Petitioners
are aware that the General Government have heretofore removed
from Indian lands Citizens of the United States, who settled
upon lands owned at the time of such settlements by Indians,
where the settlement at the beginning were upon Indian lands,
but Your present Petitioners respectfully deny having settled
upon Indian lands. They settled upon the public lands of
the United States, where settlements were not prohibited by any
order of the Government, where part of the public lands were
surveyed into sections (a thing Never done for Indian purposes)
and where, after the same country was first ceded to the Choctaws,
the people have had assurances from the highest Authority, that
the settled parts of said Country should be repurchased,
and Your Petitioners afforded an opportunity of acquiring titles
to their possessions, in the way that the Settlers, upon the
public lands have usually done, in Ohio, Indiana, Illinois, Missouri,
Alabama &c. Yet notwithstanding all the foregoing circumstances
and assurances, Your Petitioners are now informed, that the lands
they now occupy, are ceded and confirmed to said Choctaw Indians,
and that Your Petitioners are shortly to be removed from their
farms, without payment or recompense for their improvements,
to give Place to Indians!! An Act that would have no example
in any civilized Government, under the same circumstances which
these settlements were made. An improved Country of Citizens
where they have had the protection of Civil Laws and Civil Government
for more than six successive Years, to be ceded by their Government
to a Nation of Indians, has, it is believed, No examples.
These settlements, not having been commenced upon the lands of
the Choctaw Indians, but upon the public Lands of the United
States, then surveying for market, still claim the same protection
of the same laws and Government, under the faith of which they
commenced their settlements. To be forced and driven by
our own Government from the farms and improvements we have laboured
for years to make, for the support of our families, in order
to give place to Indians, would under all the circumstances and
assurances before mentioned, appear so unjust and unprecedented,
and to the Settlers so ruinous, that its enforcement would produce
the greatest possible excitement. Your Petitioners therefore
respectfully ask of Your Excellency to suspend the survey of
the eastern boundary of the Territory, lately ceded to said Choctaw
Indians, and to suspend the time of giving said Indians possession
of said Territory, and cause to be repurchased from them, the
parts of said Territory settled and improved by Citizens of the
United States, as aforesaid East of the Kia-Miche on Red River,
and of the Poto on Arkansas, where settlements by Citizens has
never been prohibited, but approbated and encouraged as before
mentioned. As Your Petitioners in duty bound will ever pray Approved
May 26, 1824. 4 STAT 40-41. ***** Petition Names
Coe, Aaron English, Bailey Cheek, Jesse English, Joseph Reder,
Michajah Moffit, Solomon Swagerty, John Rains, Allen Gatathite,
Thomas Wafer, Thomas Jun. Wafer, Thomas, Snr Wafer, Mabry Trent,
Josiah Trent, John Tanner, Rucker Porter, Joseph Mors, John J.
Potter, Lewis Thompson, Zacariah Tollett, Wesley Tollett, Elijah
Watt, James Hogon, Walter Tollett, Henry Brown, Henry K. Hartfield,
Asa Brown, James R. Wright, Travis G. Hinds, John Adams, John
Clark, D. Bowers, Johnston Poole, Jonathan Greenwood, Franklin
Greenwood, John Greenwood, Joel Greenwood, Henry B. Henson, Philip
More, Nathaniel Hensley, William More, Thomas Tucker, John Garner,
Thomas J. Porter, Nicholas Strickland, Samuel Green, John Roberts,
Butler Cocke, Otho. B. Scarbrough, Paul Farly, John Hampton,
Adam Owen, Thomas Slingland, William Sparks, Wilobe Woods, Will
Ewing, Joshua Keliher, Jessey Wilson, George Pendergast, Maurice
Leebe, Arther Boatright, Lewis Linch, Alexander Sparks, Mathew
Boatright, Thos Modglan, William Gutman, David Trammell, Philip
Miller, Allon Linch, Thomas French, Thomas P. French, Joseph
French, Levy C. (struck out) Strickland, Amos Brice, William
Jr. Amburn, James Cheser, Thomas Fraser, David Polk, Taylor Tramel,
Thomas Polk, James Polk, Tuland Bradford, William Hanks, James
S. Stiles, Richard Emmerson, John Carter, Allen Will, John Carter,
Elijah Hartung, Ad. Chr. Reed, Joseph Stiles, John Harrell, James
Harrell, Joel Harrell, Isaac Harrell, Timothy Harrell, Joshua
Raburn, Hodge P. Nidever, Jacob Nidever, George Nidever, Mark
Crownover, Mitchel Adkison, Joseph Frame, David Jenkins, Joseph
Stiles, William Perkins, Jesse Carnall, Patrick T. Forsyth, William
Sparks, Absolom Junr. Charles, Isaac N. Brice, William Junior
Miller, Peter Morton, John Brice, Samuel Brice, James Clark,
Jas Ballard, T.B. McVay, John Kerley, John Wood, John Reeder,
Noah Guthry, Samuel Guthry, Thomas Guthry, William Lawrence,
George Lawrence, James Poole, Walter Strickland, David G. McElvey,
Ezra Pendergast, Maurice Hugh McElvey Lawrence, David Hanks,
Wyat Strickland, James Strickland, Amos McElvey, James Hudson,
John Lawrence, Adam Junr. Chumney, John Hilburn, Ambrose Clark,
Joseph Deck, John Deck, Joseph Roberts, John Roberts, Luke Wolsey,
John Roberts, Wreding Sparks, ElsBerry Woolsey, John Franklin,
Jonathan Smith, James Sen. Hanscom, A. Reid, Elijah Curtis, Charles
Tidwell, Abram McKinny, G.G. Potter, Thomas Ragsdall, J. C. Smith,
James Junr. Fench, Samuel S. Rulong, M. Sparks, Absolam Pennington,
I. G. Dixon, Nathanial Porter, William Kavanaugh, B. I. Long,
William Murphy, Isaack Carlton, George Fowler, John H. Crownover,
Benjamin Wetmore, G. C. Furguson, James Black, Jacob Lawton,
George F. Ring, John Edmondson, John Calloway, Joshua Montgomery,
William Gooch, B. Montgomery, Andrew Ferguson, W. P. Rice, I.
M. Clap, David Shurley, Jacob Mare, Nathaniel Junior Edwars,
Evritt Wiley, Stephen Jun. Wiley, Thomas Nall, Holawar Robinson,
Clark Bradsaw, Y. E. Newman, John Conner, Daniel Coil, Thomas
Shelton, Ralph Geames, Bengeman Blankinship, Asa Slaven, Roabit
James, Joseph Wingate, Stephen Swagerty, Thomas Landers, Isaac
Landers, Abraham Lackey, John Lewis, Mark Brown, Jane Tollett,
Margaret Kitchens, Pharoah Kitchens, Preston Wright, Clayborn
Fagan, William Carnall, A. Blair, Silas C. Tidwell, Hiram Carnall,
J. H. Carnall, Patrick Blair, E. G. Brown, James Simpson, Leonard
M. King, William Pierson, J. G. W. Nall, John Barrow, Thomas
Harse, William Nall, Larken Denton, Elizabeth French, Samuel
Ball, John French, Levi C. Moren, Samuel Ogdon, Abram Martin,
Cornelius Robbins, John Wetmore, Alexander O. Robbins, Nathaniel
Dunlop, John Dayton, Lewis B. Humphrey, William Woods, William
Ward, James J. Sr. Ward, James J. Jun. Robbins, Joshua Shaw,
Hugh B. Sain, Alfred Burkham, James Hopkins, J. E. Hopkins, Edward
Polk, Benjamin Harvey, Richard Wilson, Daniel Oneill, John Tidwell,
Hiram Tramell, David Tramell, Dennis Boatright, Richrd Roberson,
Mongomery Brice, William Snr Bowman, John Nidever, Henry Lawrence,
James Robinson, Jesse Gilleland,James Wilson, Richard Taylor,
Edward Lawrence, John Anderson, Wiat Brown, Samuel Rains, Benjamin
Chosser, Edward Boatright, Richard Gilleland, Daniel Rains, James
Wilson, Daniel Laurance, Adam Shelton, Jesse Anderson, James
Shelton, William Martin, G. N. Martin, Matthew Moren, Jessey
Pate, Jason Cutbuth, Eligah Nall, Martin G. Paterson, Thomas
Nall, William Clark, Samuel Hall, James Rogers, Silus McMurry,
John Green, Joseph Collins, William Spurlock, John Taylor, James
Wyley, Samuel Wiley, Cornelius Tyler, Isaack McConn, Willis Moore,
Charles Burnam, Samuel Dollarhide, John Bartlet, William Halbrook,
George Umphrey, David Dollarhide, Andrew Ash, A. H. Bradshaw,
Young Bradshaw, Sherod Bauren, Absalam Hopkins, Francis Wyatt,
Henry Seign Wyatt, Henry Junr Thomes, N. Boren, George T. [Endorsed]
Petition of sundry inhabitants of Miller County in Arkansas Territory,
praying that measures may be adopted to relieve them of the difficulties
under which they are placed by the late treaties with the Choctaws,
giving them lands in Arkansas./?