Pitman Colbert to Lewis Cass, 27 FEB
1836:
Tuscumbia Ala Febry 27th 1836
To Hon Lewis Cass
Secry of War
On my returning home from west in the month of January last, in
search of a new homes for our people, which I was chosen amongst
the delegation as one of the numbers, I found your letter dated
September 17th 1835. In reply to my communication to the President
of the United States with the report of the Commissioner of the
Indian Affairs
From the report and the contents of your letter are so connected
with the Basis of the late Treaty, as well as that of the regulation
which the actions of our Commissioners and the Agent are to be
guide by, I was perfectly satisfied that I should be cald on or
notifyed to attend when the conflicting claims were brought forward
for investigation, as they were not strangers to the claim which
I had so long contended for -- instead of this notice I have been
notifyed to give immediate possession and followed by a write
of execution of my body to be taken before Judge of Circuit Court
on the forth Monday in March 1836 -- to Answer Frances M. Reynolds
& his wife in plea of Trespass & damages of five thousand
dollars
I have no doubt in object defeeting the just and right claims.
I have been inform they have located Jane Frazer else where
on ordnary land, whilst adjoining section of our claimed land
have been sold for from Ten to Twenty dollars per Acre
being dispossiss at this late season of year we must labour under
great disadvantage and distress which we have been so long in
possision of the place however I must own I have been notified
before this by the same person
It is unnessery for me to say any further as you have the hole
statement before of all the particulars of it which I would asure
you, can be positively maintean through a legal Investigation
both white people and Indian people
In persuance of Justice on this location it depends upon your
interferance or we shall have none
Whatever it may be the opinion or the decissision from proper
authority, you will please to notifyed me, so that I may know
at once what we may depend upon.
direct yours to this office at Tuscumbia, Ala
I have been informed by several of the Commissioners this claim
has not been investigated to their knowledge
Very Respectfully
Your obt, Ser
Pitman Colbert
Honl Lewis Cass
Secry at War
James Colbert, et al, to President of
U. S., 18 MAY 1836:
Chickasaw Nation May 18th 1836
To the President of the United States,
We the Chiefs and head men of the Chickasaw Nation have been called
upon to state what we know about the claim of Roberson James
to Section 35 Township 14 R 7 East, we know that said James
claimed the land now embraced in said Section 35 previous
to the treaty of Pontotoc and selected his residence claim under
the Treaty and also that the said Section 35 adjoins the location
of his mother Lotty James, we would represent to our father
the President that we all considered the claim of said James
to Section 35 to have preferance over any other and was much astonished
to hear that the claim of Robert Gorden was located on
said section. The language of the treaty forbids his claim to
interfer with an Indian claim and we are confident it never was
intended to grand Gorden any previledge over the rights
of natives, by granting the Section of land named; but that it
should be so located as not to conflict with Indian claims. We
are not informed why this preference was given. We cannot find
any thing in the Treaty authorise it, we therefore humbly hope
you you will take subject under consideration and see Justice
done and restore James his rights and grant him his location
on 35 with the others that he has accepted and we in duty as your
red children will ever pray.
James Colbert (LS)
Geor Colbert his X mark (LS)
Isaac Albertson his X mark (LS)
Wm McGilvery his X mark (LS)
Pis la tubbee his X mark (LS)
Tes
T. A. Camp
D. M. Vaughan
Ethan A. Brown to Various Newspapers,
2 JUN 1836:
General Land Office
2nd June 1836
Sir,
Herewith you will receive a proclamation of the President of the
United States dated the 20 Ult. for sales in the Chickasaw Lands
which you are requested to publish in your paper once a week until
the [see below] and for each insertion
you will be allowed, in conformity to the General regulations
of the Treasury respecting advertising, the sum of $2 --
Your account for this service should be forwarded at the close
of the publication to the 2nd Auditor of the Treasury, properly
receipted, and be accompanied by the first and last papers in
which the proclamation is published, when the amount will be remitted
by draft, at your bank, or deposited to your credit in the Metropolis
Bank at this place, as you may direst.
Assumed you have a form for making out your account.
Very respectfully
Ethan A. Brown
In Tennessee The Union at Nashville, Truth Teller at Jackson,
& Register at Knoxville
In Mississippi Free Trader at Natches, Democratic Press at Columbus,
Mississippian at Jackson
" Georgia Constitutionalist at Augusta, Georgian at Savannah,
Standard of the Union at Milledgeville
" South Carolina Southern Patriot at Charleston & Mountineer
at Greenville
In North Carolina The Journal at Fayetteville, Sentinel at Newbern
and The Standard at Raleigh
In Alabama The Flag of the Union at Tuskaloosa, Commercial Register
at Mobile, Democrat at Huntsville and Gazette at Florence
In Virginia Enquirer at Richmond, Virginian at Winchester & Democrat at Fincastle
In Kentucky Public Advertiser at Louisville
The above papers were to publish to the 1st November 1836
In Massachusetts The Morning Post at Boston
In New York The New York Times at New York
These two papers to publish to the 1st October 1836
Roberson James to President of U. S.,
23 JUN 1836:
Chickasaw Nation
June 23rd 1836
To
The President
Of the United States
Dear Sir,
I am a Native Chickasaw and according to the Treaty of Washington
in 1834, taken in connection with the Pontotoc Treaty, am entitled
to two and a half Sections of Land.
I am un accustomed to the Laws & customs of the Whiteman,
but having some of the benefits of education, I have some advantage
over many of my Country men. The right of the Soil in the
Country we possessed, our Tradition informed us was derived from
the great Spirit himself & until the Treaties above alluded
to, we had never parted with the right which the great Spirit
had given us. We loved the Country of our fathers,
but you wanted it for your people. We took your counsel as our
father, who knew better than we did what was for our good. We
agreed to surrender to you all our Country, reserving a small
portion to despose of as individuals under your guardianship.
I am the Grandson of the Chief Levi Colbert, who done more
to aid you in obtaining this Country than any other person. He
listened to your voice, and persuaded his people to follow your
counsel. The whole nation through him was surrendered, which contains
the graves of our Fathers.
In the language of truth, I must now tell my great father
that the Lands I were entitled to, pleaged by both Treaties, I
have been deprived of, and it has been ( unjustly as I think)
bestowed on Robert Gordon, a Whiteman. Our claims stand
thus ---- From my infancy, up to a period after the Washington
treaty, I lived with my mother Lotty James, on Section
No 10 in Township fifteen (15) Range Seven East. It was some time
before the Treaty of Pontotoc I claimed the body of Land,
now designated as Section thirty five (35) Township 14 Range &
East, and have continued to claim it up to this time. From the
time I asserted my right to this Land I succeeded in preventing
all persons from settling on it. The whole Country (I mean the
Chickasaws) considered my Claim the best and Robert
Gordon himself considered my claim better than his, for he
offered to purchase mine. This Section 35 which I claim adjoins
my Mothers Land, which has been Located to her under the Treaty.
So confident was I of obtaining the Lands I had so long claimed,
that I left my Mothers house and moved with my family upon this
Land some time in the fall of the year 1834. I made application
to the agent to locate one of my Sections on 35, he refused
to do so for certain reasons unknown to me, and has since located
Robert Gordons Claim upon it. Gordons Claim
is granted under the supplemental part of the Pontotoc Treaty,
which grants to him a section of land to be located upon any Lands
in the Nation, Provided it does not interfere with the
Indian Claims.
The 35 Section to which I have a just claim, is of great value
& would have made me rich -- but the Agent had given it to
a Whiteman, and located for me & without my consent, another
section in the place of it of very poor Land in value compared
to 35. I appealed some time ago to the Indian Department at Washington
& I am told they decide against me. I am confident that my
case was not well understood, nor clearly represented or it never
could have been so decided. To whom must I now appeal for justice?
It is to you I appeal with the confident belief that my Case may
be more fully considered & my claim restored to me. To you,
whom a great people have twice called to the Guardianship of the
White as well as the red man I must appeal. I do not understand
the intrigues of the White Man. I have to contend against the
power of money, influence & Talents of the White. It would
seem that a poor ignorant Indian would surrender his rights, for
many of my country men have done so. But I know our great Father
is a just man and his arm is strong to protect the weak against
oppression & injustice.
I ask you to look at the Treaty which our people have made with
you, patiently examine my proof, cast your eye over the maps &
view the locations of my mothers claim and you will clearly see
according to the Spirit of the Treaties that I am clearly entitled
to Section 35 as one of my locations.
The Treaty of Pontotoc, gave us the privilege of making our own
selections of our resident claims; And that Same Treaty, grants
to Robert Gordon one section of Land and expressly prohibits
him from coming in the way of any Indian Claim. I have clearly
proved that I claimed the said Section 35 before the Treaties
afore said, and afterwards selected it as my resident claim under
the approbation of the Chiefs. The Washington treaty makes fee
simple titles to reservations, and qualifies their locations.
My locating on section 35 comes strictly under the Spirit and
meaning of both Treaties, it being adjoining my Mothers location.
The Treaty of Washington only revives Gordons claim without
giving him any additional privileges as to location. You will
clearly discover that Robert Gordon could not have interrupted
me on Section 35 under the Treaty of Pontotoc if there had been
no other treaty, and the Washington Treaty gives him no additional
privilege to intrude his Claim upon the rights of an Indian.
I am induced to make this appeal to you as I have not conversed
with any disinterested and intelligent White Man who knows any
thing about the Treaties, or my Claim but says that I am entitled
to the Lands I have selected.
This is in substance my own talk to you, some of it my own language.
I am contending for myself & for my own rights. Had I been
willing to sell for a trifle as other have done, I should not
have had any opposition. I am recommended to get Col. Chapman
Levy to present my case before you. I have never seen Col.
Levy, but have spoke to him through friends & have been
told he will present my claims. The Col. is recommended by his
acquaintances in the highest terms.
I submit my claim to your judgement with the utmost confidence
of receiving justice from your hands.
I am with due respect
Your Obt. Servt.
Roberson James
Roberson James came before me & signed his name to the above document the 25 May 1836
J. J. Cravans (seal)
Justice of the peace for Monroe County Miss
Claim of Roberson James, (n. d.):
[Appears to be a report of an investigation made on James'
claim, probably the denial he mentions in his letter above.]
The 4th article of the treaty of Pontotoc provides that the Chickasaw
native "are to select out of the survey a comparable settlement
for every family", "to include his present improvement,
if the land is good for cultivation, & if not, they may take
it in any othe place in the nation which is unoccupied by any
other person."
The 5th article of the treaty of Washington prescribes that these
reservations shall be confined to the sections or fractional sections
on which the party claiming lives, or to such as are contiguous
or adjoining to the sections resided upon, subject to the following
restrictions & conditions.
1. In cases where there are interference arising, the oldest occupant
or settler shall have the preference."
The 12th article provides, "that those who can claim reservations
in the offered ranges of country, Shall file their application
& [__?__] with the Register & Receiver," within the
period in which the lands are advertised to be sold.
The Memorial of Robinson James, dated August 5, 1835, States
that he resided with his mother on Section 10.15.7 E. at the date
of the treaty; that he was the head of a family & was entitled
to 2 1/2 Sections of land. That Section 10 was located for his
mother, as the oldest occupant. That he applied to have located
for him fractional sections 35 & 36.T.14.R.7 E., Section 2,
& so much of the N1/2 of Sect 1.T.15.7 E. as might be necessary
to make up his quantity. That he considered himself entitled to
thses lands, because they adjoined the locations for his mother
& because "it was known & designated to be his lands
by the customs & regulations of the Chickasaws on the subject
of their land claims at the time of the treaty & for 5 or
6 years before;" that he would actually settled & resided
upon it, had not the whitemen denied his right to keep a ferry
across the Tombigbee. That immediately after the treaty he moved
upon the land, & has ever since resided there.
The affidavits of N. L. Morgan & M. B. Collins dated
in July & August 1835, State that for something like 5 years
James has claimed the section on the West bank of the river;
marked the initials of his name on a beach tree, and spoken of
his intention to keep a ferry.
James Colbert swears, that James claimed section
35 before the treaty or the surveys were made, & that his
claim was well known.
Charles C. Colbert testifies, that before the survey he
wanted to settle on Sect 35; that he declined it upon finding
the intent of James to settle there & establish a ferry,
"which among the Indians gave him a preference."
G. N. Saunders swears, that James designated Sect.
35 as his residence; that Charles C. Colbert (the uncle
of James) wished to settle there, which James would
not permit; that there was no other Chickasaw within 6 or 7 miles
of that Section, except the mother of James & her family.
J. R. Dycke swears that Robinson claimed Section
35.
James admits, in his memorial, that he "claimed a
place on the prairies, some distance from the lands adjoining
his mother's," & he "can see no good reason why
his two claims should no also be allowed to him,
[Seems to be at least a page missing at this point.]
Could that on the prairies be recognized under the treaty. He
alleges that it cannot be, as his claim was made since the date
of the treaty & he has therefore been compelled to abandon
it & has no alternative but to take lands adjoining his mother's
Col. Reynolds has located for Robinson James,
Sects. 2.15.7 E }
1.15.7 E }
Frac. Sect. 36.14.7 E }
For Lotty James Sects.
10.15.7 E }
3.15.7 E }
34.14.7 E }
For Robert Gordon
Sec. 35.14.7 E }
For Cooper & Davis
Sec. 26.14.7 E}
All approved by the President
On the 7th of June 1835, James Davis wrote that he applied
for the location of a Section, "which cannot be taken by
a settlement right." That since application had been made
for the same section, by an Indian entitled to a float, who resided
with his mother on an adjoining section. That at the date of the
treaty there was no settlement there.
On the 24th Sept. 35. Mr. Davis again wrote & made
the following statement, respecting the Memorial of Robinson
James, Sometime after the treaty Richd Humphreys settled
upon Sect. 34 & made some improvements on 35, supposing he
might be entitled to it. Davis purchased a part of his
interest, a company purchased Sect. 35 of James, had a
house built for him, & induced him to move to it. Davis
applied to have the section located for himself, but abandoned
it upon the opinion of the Attorney General in favor of Robert
Gordon.
On the 19th of Sept 1835 transmitted a communication upon the
subject of James' Memorial.
In this he quoted the above opinion, "that the claim of Mr.
Gordon has a preference over any other floating claim allowed
under the late treaty; & also that he has the right of locating
the same upon any section within the limits of the cession, that
was unoccupied & unclaimed by any Chickasaw or other person
at the date of the first treaty."
Gordon alleges that the Memorial of James contains
statements that are "partial, erroneous & untrue,"
& that one the affiants, Collins or Morgan is
interested & the other unworthy of credit. On the other hand,
other persons state them to be worthy of credit.
Gordon contends, that James has only a floating
right, & that Section 35 is 4 miles distant from Section 10:
& he believes that it may be shown that the branding &
killing trees would not according to custom of the Chickasaws,
entitle James to Sect. 35.
The letter of Mr. Davis of June 5. 35 was sent to Col.
Reynolds & his report is dated 28th of August.
He states that Robinson lived with his mother until the
latter part of the preceeding winter, when he settled on Section
35, & claimed to have it located for him on the grounds that
it adjoined the land located for his mother. That Humphreys
made the first improvement on 35, but neither he nor James
had settled upon or improved it, prior to the ratification of
the treaty of May 24, 1834.
That James had made a settlement prior to Nov. 1834, on
Sec 21.14.7 E. & his hands were still at work there.
[Remainder of report is missing.]
Ethan A. Brown to C.A. Harris, 24 SEP 1836:
[Original comments written on letter are in Italics]
General Land Office
24 September 1836
Sir,
Upon examining the approved abstracts of Chickasaw locations,
the following errors and absences -- Viz.
5 art Confliction
Sections 14 & 23. T3. R9 West have been approved as the location
for Ish-tim-a-ha-cha No 242 under the 5th Article and also
for Tath-co-ha-cha No 1134 under the same article.
Clerical error should be 18. 14. 5E
Section 8. T14. R5 E. has been located as the reservation for
Simon Burney No 577 under the 5 Article, and also for Ul-lah-ta-cha
No 579 under the same Article.
Clerical error should be 8. 6E
Claim No 871 under the 5 Article stated to have been located upon
Sections 14 & 15 T18. R6 W. but there is no such Township
in the Copies.
I am very respectfully,
Sir
Your Obed Ser
Ethan A. Brown
Commissioner
The Honl
C. A. Harris
Acting Secretary
of War
Love & Colbert to ?, 3 OCT 1836:
Pontotoc Miss Oct 3rd 1836
Sir
Capt George Brown has a son at the Choctaw Academy by the
name of William and as he anticipates a removal westward
he wishes to take his son with him. You will therefore be pleased
to issue an order to Mr. Henderson to send him home.
Very Respecfully Sir
Your Obt. Servt.
Benjamin Love
James Colbert
Chickasaw Chiefs & Head Men to Delegates,
12 NOV 1836:
Pontotoc November 12th 1836
Gentlemen,
You have been Commissioned to go, West of the Mississippi River,
un behalf of the Chickasaw Indians, to procure for them a Home.
Impressed as you are with the necessity of the Speedy removal
of the Chickasaws; we doubt not that you will use every honorable
exertion to Carry out the views of those whom you represent, and
we would observe that, in the Purchase of a Tract of Country destined
for the residence of the Chickasaw Indians, you will in no wise
exceed the Sum of One Million of --- ---- dollars out of the funds
arising from the Sale of Chickasaw Lands, Subject to the approval
of the President of the United States.
Very Respectfully
your friends
George Colbert his X mark
Benjamin Love
Henry Love
Ish te ah ho to pa (King) his X mark
James Colbert
William McGilvery his X mark
Pis tah la tubby his X mark
Ei ache tubby his X mark
Tom Sealey his X mark
Im mubby his X mark
Im mah ho la tubby his X mark
Sta a chah his X mark
To pul kah his X mark
Tam she ka his X mark
Ish tim o lut ka his X mark
Witness
G. W. Long
Eras P. McDowell
To
Maj John McClish
Capt James Perry
Maj Pitman Colbert
Maj James Brown
Capt Isaac Albertson
Done in my presence at Pontotoc on the date above written.
Benjamin Reynolds
Chickasaw Agent
Chickasaw Chiefs and Head Men to All, 12 NOV 1836:
Pontotoc Mississippi
November 12th 1836
Know ye That reposing Special trust and Confidence in our Beloved
Chiefs and Brothers Capt James Perry, Maj John McClish, Maj
Pitman Colbert, Maj James Brown and Capt Isaac Albertson
we do hereby commission them to proceed immediately West of the
Mississippi River, then and there to apply to our ancient Friends
and brothers, the Chiefs, Head men and Warriors of the Choctaw
Nation, for a tract of Country as the future Home or residence
of the Indians of the Chickasaw Nation, to be held in Fee Simple
for ever or in such other way as they may deem most expediant:
and we do hereby authorize and empower our said Chiefs and brothers
to act and do every thing that may be necessary in the premises:
and further more if our Said Brothers and Chiefs Should fail in
Securing a permanent Resting Place, from our Brothers the Choctaws,
We do hereby Authorize and Empower them to procure a Home in Such
other part of the Country West of the Mississippi River, as they
may deem fit and suitable for the future residence of the Indians
of the Chickasaw Nation, to be free from all incumbrances or difficulty
as to title: -- And we do hereby bind Our Selves as Chiefs, in
behalf of the Chickasaw Nation, to ratify and confirm all the
acts and doings of our Beloved Brothers and Chiefs in the premises.
In testimony whereof we have here unto Set our hands & Seals on the day and date first above written.
George Colbert his X mark
Benjamin Love (seal)
Henry Love (seal)
Ish te ah ho ta pa (king) his X mark
William McGilvery his X mark
Pis tah la tubby his X mark
James Colbert
Tom Sealey his X mark
Im mubby his X mark
Im mah ho la tubby his X mark
Sti a chah his X mark
To ko wah his X mark
To but kah his X mark
Tam she ka his X mark
Ish tim a lut ka his X mark
witness
Eras P. McDowell
G. W. Long
Done in my presence at Pontotoc on the date above written and which I approve
Benj Reynolds
Chickasaw Agent
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