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./?