USA > Mississippi > Encyclopedia of Mississippi History Comprising Sketches of Counties, Towns, Events, Institutions and Persons, Vol. II > Part 98
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124
Digitized by Google
811
MISSISSIPPI
arrived a little later, and made a treaty at Hopewell, January 10, 1785. Piomingo and Mingotusha exhibited the medal left by the great man of their nation, then dead, and Piomingo announced that he was the head warrior. They promised land for a trading post on the Tennessee river, and agreed to a frontier line for set- tlements. The commissioners reported "that if the adjoining States were disposed to carry the treaties into effect, the Indians would be happy in the new change of sovereignty and in constant amity with us."
But Georgia and North Carolina repudiated them as invasions of the sovereignty of the States, and Governor Miro, in behalf of the Spanish, declared the treaties were "chimeras." They were confirmed as part of the supreme law of the land by the treaty of Coleraine, 1796, and submitted to all parties concerned, after a struggle that occupied the whole administration of President Washington.
Treaty, Jay. This treaty, signed by Baron Grenville and Chief Justice John Jay, November 19, 1794, is memorable for the intense excitement attending its reception in the United States, and for its relation to various international principles. It was ratified by the senate June 24, 1795, and signed by Washington, August 15, 1795, but not fully ratified by the United States until the dramatic close of the debates in the House regarding an appropriation for taking possession of the Northwestern military posts, in which Fisher Ames made one of the most effective speeches in the annals of American oratory. As regards Mississippi history, the treaty is of interest in a general way, because the opposition to it in the western country encouraged the Spanish and French in their ef- forts to bring about the secession of that region from the United States. Specially, however, the third article directly bears on this field, as it contains the clause: "The River Mississippi shall, however, according to the treaty of peace [1782], be entirely open to both parties; and it is further agreed that all the ports and places on its eastern side, to whichsoever of the parties belonging, may freely be resorted to and used by both parties," the same as an Atlantic port or a British port.
This could not have been unknown to Spain when she made the treaty of October 27, 1795 ; probably, it was a principal reason for that treaty. Pinckney was compelled to accept words that implied the Spanish assertion of dominion over the river except as she shared it with the United States "only," or might share it there- after with other powers as she saw fit. England was alarmed by the terms of this treaty with Spain and asked an explanation, whereupon Pickering, secretary of state, and Mr. Bond, the Eng- lish chargé des affaires, agreed to an explanatory article May 4, 1796, in which it was declared that "no other stipulation or treaty concluded since by either of the contracting parties, with any other power or nation, is understood in any manner to derogate from the right to the free communication and commerce guaran- teed by the third article." This, in turn, Spain construed as a
Digitized by Google
812
MISSISSIPPI
direct repudiation of the Mississippi clause of the treaty of San Lorenzo. Therefore, Yrujo said to Pickering, May 6, 1797, when Ellicott was waiting at Natchez, Spain was justified in suspending the further execution of the treaty regarding boundary and navi- gation. He contended that the United States had no right to give Great Britain what she did not possess, except as Spain might yield it. To this Pickering replied that Great Britain had the right of navigating the river since the treaty of 1763, and had never given it up. Western sentiment on this treaty, whose compromises were unpalatable, is indicated in the comment of Ellicott (Journal, p. 104), "The conduct of the United States, in admitting the Brit- ish in the navigation of the Mississippi, I never attempted to justify."
. Treaty of Mobile, 1765. This treaty was concluded by the Brit- ish government of the province of West Florida, with a great council of the Choctaws, March 26, 1765, and resulted in the ces- sion by that nation of a region on the Mobile river and its tribu- taries, and the Gulf coast south of about the line of 31º north latitude, between Mobile bay and the most western point to which the Choctaws had control, practically to the Mississippi river. The treaty provided, "the boundary to be settled by a line extended from Grosse point, in the island of Mount Louis, by the course of the western coast of Mobile bay, to the mouth of the eastern branch of the Tombecbee river, and north by the course of said river to the confluence of Alibamont and Tombecbee rivers, and afterwards along the western bank of Alibamont river to the mouth of Chickianoce river, and from the confluence of Chickianoce and Alibamont rivers a straight line to the confluence of Bance and Tombecbee rivers: from thence, by a line along the western bank of Bance river till its confluence with the Tallatukpe river; from thence by a straight line to Tombecbee river opposite to Atchalikpe (Hatchatigbee bluff) ; and from Atchalikpe by a straight line to the most northerly part of Buckatanne river, and down the course of Buckatanne river to its confluence with the river Pascagoula, and down by the course of the river Pascagoula, within twelve leagues of the sea coast; and thence, by a due west line, as far as the Choctaw nation have a right to grant." "And none of his Majesty's white subjects should be permitted to settle on the Tombecbee river to the northward of the rivulet called Centebonck" (Sentabogue or Snake creek).
Treaty of Mobile, 1784. On June 22, 1784, a "vast congress of Indians was held at Mobile," in response to the Spanish invita- tion. Choctaws, Chickasaws, Alibamons and smaller tribes were represented, and treaties of alliance were made with all of them. In terms this treaty was identical with the treaty made on June 1 at Pensacola, with the "Talapuches" (Creeks) mainly, but also with "Usatastaneque or War Dog, chief of the town of Natchez; Chickasaw Mingo, and Chickasaw Retired Arrow, the Tala- puchy." The Spanish were represented by Don Stephen Miro, acting governor of Louisiana, by order of Count de Galvez.
813
MISSISSIPPI®
lieutenant-general, and governor of the provinces of Louisiana and West Florida, also Don Martin Navarro, intendant general of the provinces.
The Indians in these treaties promise to "maintain an inviolable peace and fidelity" with Spain and among themselves. "We un- dertake to expose for the royal service of his Catholic majesty, our lives and fortunes ; and we promise to obey the sovereign orders which, in a case of necessity, shall be communicated to us by the captain-general of the provinces of Louisiana and Florida, and in his name by the respective governor or particular commander of said provinces." In return for this allegiance by the contracting Indians, and the others "who are in the lands conquered by the arms of his majesty," the Spanish officers promised to establish a permanent commerce at the most equitable prices, the tariffs and regulations to be then and there fixed. It was promised that any stranger entering the nation to induce them to take up arms against Spain should be turned over to the Spanish authorities. No white person, of "what nation soever he be," should be ad- mitted among these Indians without a Spanish passport. "We renounce forever the practice of taking scalps or making slaves of the whites." In case of war against "enemies of his Catholic ma- jesty," they promised to treat prisoners humanely and exchange them with the enemy. All white prisoners, subjects of the United States, should be delivered to the governor-general. Other pro- visions were made to prevent the common crimes of the frontier.
The Spanish reminded the Indians that they asked no land, and promised security and guarantee for the lands they actually held, "according to the right of property, with which they possess them, on condition that they are comprehended within the lines and limits of his Catholic majesty." If enemies of Spain should dis- possess the Indians, Spain would provide them new homes, in any vacant land available.
These treaties were made through the influence of Alexander McGillivray, chief of the Tallapoosas, and that of the British trad- ing house of Panton, Leslie & Co. McGillivray's explanation of them is given in his letter to Gen. Pickens, September 5, in the same year, when invited to a council with American commissioners to make a similar treaty. He expressed his surprise that the Americans had so long delayed to take the Indians under their protection, since the peace with England. That would have made the United States the natural guardian and ally of the Indian nations. They had hoped for such action by Georgia, but "violence and prejudice had taken the place of good policy and reason in all their proceedings with us. They attempted to avail themselves of our supposed distressed situation. Their talks to us breathed nothing but vengeance; and, being entirely possessed with the idea that we were wholly at their mercy, they never once reflected that the colonies of a powerful monarch were nearly surrounding us, and to whom in any extremity, we might apply for succor and protection. . However, we yet deferred any such proceed-
Digitized by Google
814
MISSISSIPPI
ing, still expecting we could bring them to a sense of their true interest; but still finding no alteration in their conduct towards us, we sought the protection of Spain and treaties of friendship and alliance were mutually entered into; they to guarantee our hunting grounds and territory and to grant us a free trade in the ports of the Floridas." How the limits of the United States and the Spanish would be settled, a little time would show. "However, we know our own limits, and the extent of our hunting grounds, and, as a free nation, we have applied, as we have a right, and have obtained protection, so that we shall pay no attention to any limits that may prejudice our claims, that were drawn by an American, and confirmed by a British, negotiator."
The commissioners reported that McGillivray appeared to be "forming a dangerous conspiracy between the several Indian na- tions, the Spaniards and British agents, with whom he is con- nected. His resentment is chiefly against the citizens of Georgia, who banished his father and confiscated a capital property which he had in that State. There is a capital British company of mer- chants, engaged, by license from the court of Spain, to supply all the Indian nations to the southward with goods, through East Florida, in which company it is said, McGillivray is a partner, and they have their agents in all the towns from Tennessee, south- wardly." It appears that McGillivray gave sufficient notice of this treaty to the United States, but it was treated as a mystery in the later negotiations with Spain.
Treaty of Mount Dexter, 1805. After the relinquishment of dominion over the Choctaw country by the Spanish in 1798, the great Indian trading house of Panton, Leslie & Co., which had practically controlled the Indian relations for the Spanish, so- licited the United States to permit the various nations to cede them lands in payment of debts. Their claim against the Choctaws was $46,000. The government would not listen to a proposition of cession to the trading house, but welcomed the opportunity to receive from the Indians a cession of land in consideration of cash paid, by the government nominally to the Indians, but in fact, to the traders. It relieved the government of incurring the resent- ment of the red men by pressing them for lands for the white settlers. President Jefferson, in a message to congress, described the preliminaries of this first cession by the Choctaws to the United States as follows: "The Choctaws proposed at length to the United States, to cede lands to the amount of their debts, and designated them in two different parts of their country. These designations not at all suiting us, their proposals were declined for that reason, and with an intimation that if their own conven- ience should ever dispose them to cede their lands on the Missis- sippi, we should be willing to purchase. Still urged by their creditors, as well as by their own desire to be liberated from debt. they at length proposed to make a cession, which should be to our convenience. James Robertson, of Tennessee, and Silas Dinsmore, were thereupon appointed commissioners with instruc-
Digitized by Google
815
MISSISSIPPI
tions to purchase only on the Mississippi. On meeting their chiefs, however, it was found that such was the attachment of the nation to their lands on the Mississippi, that their chiefs could not undertake to cede them; but they offered all their lands south of a line to be run from their and our boundary, at the Omochitto, eastwardly, to their boundary with the Creeks, on the ridge be- tween the Tombigby and Alabama, which would unite our pos- sessions there, from Natchez to Tombigby. A treaty to this effect was accordingly signed at Pooshapukanuk, November 16, 1805. But this being against express instructions, and not according with the object then in view, I was disinclined to its ratification, and therefore did not at the last session of congress lay it before the Senate for their advice, but have suffered it to lie unacted on." This message was dated January 15, 1808. The European situa- tion and the failure of negotiations to persuade Spain that the cession of Louisiana included Biloxi and Mobile, caused the presi- dent to change his mind. The opening of this border land to settlement would aid in the acquisition of the coast, still in the hands of Spain, and separate the Indians from Spanish influence. Hence he submitted the treaty, which proposed to add about five million acres to the available domain.
In June, 1805, Robertson and Dinsmore negotiated with a great number of Choctaws at Fort St. Stephens, on the Tombigbee, and arranged for the treaty in November. This treaty, "Done on Mount Dexter in Pushapukanuk in the Choctaw country," (near Macon, Miss.) ceded to the United States the region south of the following described line: "Beginning at a branch of the Hooma- cheeto, where the same is intersected by the present Choctaw boundary [of Natchez district], and also by the path leading from Natchez, to the county of Washington, usually called McClary's path [probably from Lieut. McClary, commander of Ellicott's escort] ; thence easterly along McClary's path to the east or left bank of Pearl river; thence, on such a direct line as would touch the lower end of a bluff on the left bank of Chickasawhay river, the first above the Hiyoowannee towns, called Broken bluff, to a point within four miles of the Broken bluff ; thence in a direct line, nearly parallel with the river, to a point where an east line of four miles in length will intersect the river, below the lowest settlement at present occupied and improved in the Hiyoowannee town; thence, still east, four miles ; thence in a direct line nearly parallel with the river, to a point on a line to be run from the lower end of Broken bluff to Faluktabunnee, on the Tombigby river, four miles from the Broken bluff ; thence, along the said line, to Faluk- tabunnee; thence east to the boundary between the Creeks and Choctaws, on the ridge dividing the waters running into the Ala- bama from those running into Tombigby; thence southwardly along the said ridge and boundary, to the southern point of the Choctaw claim." The reservations were: a tract of two miles square, including the town of Fuketcheepoonta; a tract of 5,120 acres opposite Hatchatigbee bluff for the daughters of Samuel
Digitized by Google
816
MISSISSIPPI
Mitchell, United States Indian agent, "by Molly, a Choctaw woman," and about 1,500 acres on the Tombigbee sold by Opia Mingo and others to John McGrew, "many years ago." The con- sideration was $50,000; $48,000 to pay the Panton company and claims of settlers for depredations, and $2,500 to John Pitchlyn, as compensation for losses, "and as a grateful testimonial of the nation's esteem." In addition, the nation was guaranteed an an- nuity of $3,000. "The three great medal mingoes, Pukshunnub- bee, Mingo Hoomastubbee, and .Pooshmataha," were given each $500, and guaranty of an annuity of $150.
After the ratification of the treaty the line of boundary was run by Col. Dinsmore. It is perpetuated in the north boundary lines of Wayne, Jones, Covington, and Lawrence counties, and the northeast line of Franklin. The area of the cession was 4,374,244 acres in Mississippi and 1,612,800 in Alabama.
Treaty of Natchez. This treaty was made May 14, 1790, at the "parochial church called The Savior of the World, of the said fort of the Natchez," between Don Manuel Gayoso de Lemos, colonel of the royal armies, governor of the fort and district of Natchez, and Tascaduca, king of the Chickasaw nation, and Franchimas- tabia, principal chief of the Choctaw nation, accompanied by Yteleghana, Stonahuma, Tapenahuma and Neesahumaacho, all chiefs, and in presence of many captains and warriors of both na- tions. The treaty was witnessed by Don Joseph Vidal, secretary, and "Carlos de Grand Pré, Blasdu Bouchet, Estevan Minor, Turner Brashears, Ryan (Bryan) Bruin, Gregorio White, Ygnacio Lopez, Augustin Macarty, Jorge Cochran, Francisco Candel, Luis Faure, Juan Girault, Carlos Todd, Ebenezer Fulson, Antonio Soler, Jorge Tompson, Guillermo Wushtoff, Jaime McFarland, Elias Smith, Kinneth Thompson."
It was agreed that "all the individuals of the Spanish, Chicka- saw and Choctaw nations shall love one another reciprocally," and give each other prompt information.
"Art. 2. That to remove every motive of discord, which in future times might occur about limits, the Chickasaw and Chac- taw nations acknowledge that the limits of the dominion of his majesty in the neighborhood of their territory, on the western side, begin on the river Mississippi at the mouth of the river Zasu, and ascending the said river along the middle of its waters till it comes near the place called Juego do la Pelota [ball ground], where the English nation, by agreement with the Chactaw nation, marked a dividing line which continued till it entered West Flor- ida, and following the said line from the said Juego do la Pelota, till it meets those which separate the rest of the dominions of his catholic majesty from the Alibamones and Talipuche nations.
"Art. 3. The said Chickasaw and Chactaw nations declare, that all the lands which are to the south and to the west of the said line belong indisputably to his catholic majesty, great king of the Spains and Indies, without that they for themselves or their de- scendants have any right to them, nor at any time may reclaim
Digitized by Google
817
MISSISSIPPI
them under any pretext or motive it may be, and moreover they promise to support the Spanish nation in possession of the said lands, in which are specially comprehended the government and territory of the Natchez, as far as the waters of the Zasu.
"Art. 4. The Spanish nation declares and acknowledges that all the lands to the east of the said dividing line of the 2d article belong lawfully and indisputably to the Chickasaw and Chactaw nations, promising to support them therein with all their power."
The remaining articles (nine in all) included a pledge of par- ticular harmony on the part of the two nations with the Spanish; for a "generous demonstration" by Governor Gayoso in return for the cession of all rights to the territory of the Nogales, adjoining the Yazoo. The governor "delivers to the said chiefs the keys of the royal magazines, in which are the goods; that they may take from them what they may desire, to their satisfaction.
The said chiefs acknowledge themselves satisfied with the goods which they have in their power, with the keys in their hands of the said magazines, having already seen what is in them." Fin- ally, the two nations confirm the treaty made at the congress of Mobile and whatever they had since covenanted with the gov- ernors of Louisiana and the two Floridas, and promised to be the constant friends of the Spanish nation, and the Spanish nation was pledged also to observe the treaty of Mobile and subsequent promises.
The translation quoted from as given, is in Amer. State Papers, X. 228. This treaty, with the treaty of Pensacola, was commu- nicated to Mr. Jefferson, secretary of state, by Jaudenes and Viar, Spanish commissioners, in 1793, as a justification of Spanish inter- ference in Indian affairs.
Treaty of Pontotoc, 1832. The general causes leading up to the enactment of this treaty have been set forth in the article dealing with the Treaty of Dancing Rabbit Creek, 1830. (q. v.) The Chickasaw agents. Ben Reynolds and John L. Allen, and the trader, George S. Gaines, had labored to prepare the Chickasaws for this treaty and all its mometous consequences. The treaty was made at the Council House, on Pontotoc creek, in the southeast- ern part of Pontotoc county, between the Chickasaw nation in general council assembled, and General John Coffee of Tennessee, U. S. commissioner. It was signed Oct. 20, 1832, the following persons being witnesses thereto: Ben Reynolds, Indians Agent ; John L. Allen, subagent ; Nath. Anderson, secretary to the com- missioner ; Benj. Love, U. S. interpreter; Robert Gordon, Miss .; George Wightman, Miss .; John Donley, Tenn .; D. S. Parrish, Tenn .; S. Daggett, Miss .; Wm. A. Clurm and G. W. Long.
The preamble to the treaty reads: "The Chickasaw Nation find themselves oppressed in their present situation by being made subject to the laws of the States in which they reside. Being ignorant of the language and laws of the white man, they cannot understand or obey them. Rather than submit to this great evil, they prefer to seek a home in the west, where they may live and
62-11
Digitized by Google
818
MISSISSIPPI
be governed by their own laws. And believing that they can pro- cure for themselves a home, in a country suited to their wants and condition, provided they had the means to contract and pay for the same, they have determined to sell their country and hunt a new home. The President has heard the complaints of the Chick- asaws and like them believes they cannot be happy, and prosper as a nation, in their present situation and condition, and being desirous to relieve them from the great calamity that seems to await them, if they remain as they are-He has sent his Commis- sioner Genl. John Coffee, who has met the whole Chickasaw na- tion in Council, and after mature deliberation, they have entered into the following articles, etc."
By the terms of the treaty the Chickasaws agreed to cede to the United States all their lands east of the Mississippi, and, as soon as it may be in their power, to hunt out and procure a new home for themselves west of the Mississippi. In payment for the cession, the United States agreed to pay over to the nation all the money arising from the sale of the land, after deducting therefrom the cost of selling the same. The Government further agreed to cause the lands to be forthwith surveyed, and to make suitable allotments to each family of the nation out of the surveys made in case they had not become settled in the west prior to the first public sale of their country, said allotments to include their pres- ent improvements. Provision was made for the appointment of a surveyor-general, a register and a receiver for the land office to be established, together with the necessary assistants. No pre- emption rights were to be granted by the United States, and all lands were to be sold to the highest bidder. An agent was to be continued among the Chickasaws, and the expenses of their re- moval, and one year's provisions, after they reach their new homes, were to be furnished them out of the proceeds for sale of their lands. Provision was also made for the creation of a perpetual fund, for the use of the nation as a whole, from at least three- fourths of the net proceeds of the sale, the money to be invested by the Government in safe stocks, and all interest arising therefrom to be used for national purposes alone. After 50 years, if the na- tion was then sufficiently enlightened, it might take over the fund and use it as it deemed most for the interest of the whole nation. A method of fixing the true boundary line between the Chickasaws and Choctaws was determined upon, and it was stipulated that there should be no settlement in the Chickasaw country until the lands should be offered for sale, and then only on lands sold. Small annuities were made to Chief Tishomingo, and to Queen Puc- caunla. By certain supplementary articles signed two days later it was provided that all tracts of land reserved for the residence of the Chickasaws pending the removal of the nation, shall be given up and sold for the benefit of the nation as soon as the Chickasaws shall have removed from their present country ; no individual or family to retain any such tract longer than the nation may remain in their present country ; the minimum price to be placed upon such
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.