1825 Miller County Petition

As transcibed on pages 136-142 of The Territorial Papers of the United States, The Territory of Arkansas 1825-1829, Volume XX, compiled and edited by Clarence Edwin Carter, Government Printing Office, 1954.



PETITION TO THE PRESIDENT BY CITIZENS OF MILLER COUNTY


To the President of the United Sates

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 and 39 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 above 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 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 perminant, 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 Delegates of 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 Courts 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 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 remove[d] from Indian lands, Citizens of the United States, who settled upon lands owned at the time of such settlments 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 settlments 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, Illinoise, 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 recompence 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 succesive 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 Territory, lately ceded to said Choctaw Indians, and to suspend the time of giving said Indians possession of said Territory, and cause to be re-purchased 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


Petitioners Names


Aaron Coe.—
Bailey English
Jesse Cheek
Joseph English
Micajah Reder
Solomon Moffitt
John Swagerty
Allon Rains
Thomas Gatathite
Thomas Wafer jun
Thomas Wafer Snr
Mabry Wafer
Josiah Trent
John Trent
Rucker Tanner
joseph Porter
John J Mors
Lewis Potter
Zachariah Thompson
Wesley Tollett
Elijah Tollett
James Watt
Walter Hogon
Henry Tollett
Henry K Brown
Asa Hartfield
James R, Brown
Travis G Wright
John Hinds—10
John Adams
D Clark
Johnston Bowers
Jonathan Poole
Franklin Greenwood
John Greenwood
Joel Greenwood
Henry B Greenwood
Philip Henson
Nathaniel More—10
William Hensley
Thomas More
John Tucker
Thomas J Garner
Nicholas Porter
Samuel Strickland
John Green—
Butler Roberts
Otho, B Cocke
Paul Scarbrough—10
John farley
Adam Hampton
Thomas Owen
Wm Slingland
Wilobe Sparks
Will Woods
Joshua Ewing
Jessey keliher
George Wilson
Maurice Pendergast
Arther Leebe—
Lewis Boatright
Alexander Linch
Mathew Sparks—
Thos Boatright
William Modglan
David Gutman
Philip Tramell
Allon Miller
Thomas Linch
Thomas P French
Joseph French
Levy C. French
Amos Strickland
Wm Brice Jr
James Amburn
Thomas Cheser
David Fraser
Taylor Polk
Thomas Tramel
James Polk
Ruland Polk
William Bradford
James S. Hanks—
Richard Stiles
John Emmerson
Allen Carter
John Will
Elijah Carter
Ad. Chr. Hartung
Joseph Reed
John Stiles
James Harrell.
Joel Harrell
Isaac Harrell
Timothy Harrell
Joshua Harrell
Hodg P Raburn
Jacob Nidever
George nidever
Mark nidever
Mitchel crownover
Joseph Adkison
David Frame
Joseph Jenkins
Willam Stiles
Jesse Perkins
Patrick T Carnall
William Forsyth
Absolom Sparks Jnr
Isaac N Charles
William Brice Junior
Peter Miller
John Morton
Samuel Brice
James Brice
Jas Clark
T. B. Ballard
John McVay
John Kerley
John Wood
Noah Reeder
Samuel Guthry
Thomas Guthry
William Guthry
Gorge Lawrence
Jams Lawrence
Walter Poole
David G Strickland
Ezra McElvey
Maurice Pendergast
Hugh McElvey
David lawrence
Wyat Hanks
Jas Strickland
Amos Strickland
Jas McElvey
John Hudson
Adam Lawrence Junr
John Chumney
Ambrose Hilburn
Joseph Clark
John Deck—
Joseph Deck
John Roberts
Luke Robberts
John Wolsey
Wreding Robberts
ElsBerry Sparks
John Woolsey
Jonathan Franklin
James Smith Sen
A: Hanscom
Elijah Reid—
Charles Curtiss
Abram Tidell
G. G McKinny
Thos Potter
J. C. Ragsdall
James Smith Junior
Samul. S. Fench
M Rulong
Absolam Sparks
I.G. Pennington
Nathl Dixon
Wm Porter—
B L Kavanaugh
William Long
Isaack Murphy
George Carlton
John H. Fowler
Benjamin Crownover
G. C Wetmore
Jas Furguson—
Jacob Black
George F. Lawton
John Ring
John Edmondson
Joshua Calloway
William Montgomery
B. Gooch
Andrew Montgomery
W. P. Ferguson
L. M. Rice
David Clap
Jacob Shurley
Nathaniel Mare Junior
Evritt Edwars
Stephen Wiley Jun.
Thomas Wiley
Holawar Noll
Clark, Robinson
Y E Bradshaw
John Newman
Daniel Conner
Thos Coil
Ralph Shelton
Bengeman Geames
Asa Blankinship
Roabit Slaven
Joseph James
Stephen Wingate
Thomas Swagerty
Isaac Landers
Abrm Landers
John Lackey
Mark Lewis
Jane Brown,
Margaret Tollett
Pharoah Kitchen
Preston Kitchen
Clayborn Wright
William Fagan
A Carnall
Silas C Blair
Hiram Tidwell
J H Carnall
Partrick Carnall
E G blair
James Brown—
Leonard M Simpson
William King
J. G. W. Pierson
John Noll
Thos Barrow
William Harse
Larken Noll
Elizabeth Denton
Samuel French
John Ball
Levi C. French—10
Samuel Moren
Abram Ogdon
Cornelius Martin
John Robins
Alexr O. Wetmore
Nathaniel Robbins
John Dunlop
Lewis, B. Dayton
William Humphry
William Woods—10
James J. Ward Sr—
James J. Ward, Jun—
Joshua Robbins
Hugh B. Shaw
Alfred Sain
James Burkm
J E Hopkins
Ed Hopkins
Benjamin Polk
Richd Harvey
Danl Wilson
John Oniell
Hiram Tidwell
David Tramell
Dennis Tramell
Ritchard Boatright
Mongomer Roberson
William Brice Snr
John Bowman
henry nidever
James Lawrence
Jesse Robinson
James gillelad
Richard Wilson
Edward Taylor
John Lawrence
Wiat Anderson
Samuel Brown
Benjamin Rains
Richard boatright
Daniel gilleland
James Rains
Daniel Wilson
Adam Laurance
Jesse Shelton
James Andeson
William Shelton
G. N. Martin
Matthew Martin
Jessey Moren
Jason Pate
Eligah Cutbuth
Martin g. Noll
Thomas Paterson
William Noll
Samuel Clark
James Hall
Silus Rogers
John McMurry
Joseph Green
William Collins
John Spurlock
James Taylor
Samuel Wyley
Cornelius Wiley
Isaack Tyler
Willis McConn
Charles Moore
Samuel Burnam
John Dollarhide
William Bartlet
George Halbrook
David umphry
Andrew Dollarhide
A. H. Ash
Young Bradshaw
Sherod Bradshaw
Absalam Bauren
Francis Hopkins
Henry Wyatt Seign
Henry Watt Junior
N. Thomes
George T Boren

[Endorsed] Petition of sundry inhabitants of Miller County in Arkansas Territory, praying that measures 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.