James Madison Papers
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https://founders.archives.gov/documents/Madison/03-11-02-0351

To James Madison from William Harris Crawford, 31 August 1816

From William Harris Crawford

Department of War, August 31. 1816.

Dear Sir,

I understand from Mr. Graham, that the enclosed letter has already been submitted to your consideration.1 The proposition to cede any part of the lands lying between the settlements on the East and West side of the Indiana Territory, if made by tribes to whom the Country belongs, ought, it appears to me, to be acceded to. The description of the proposed cession is so defective, that it is impossible to form any distinct idea of its boundary. I presume, however, that it embraces the lands lying between the principal branches of White river & the Eastern boundary of the Territory. I have marked in the inclosed Map the supposed position of the old Delaware Town. If the line running from that point Eastwardly, makes any narrow angle, it must incline greatly to the South. Of the Western boundary it is impossible to form even a conjecture.

I believe Judge Park to be an excellent man, but his letter shews that he is not exempt from the common feeling of people inhabiting the Frontiers. The inconvenient form of a cession of land, is a recommendation with him, instead of an objection, as it creates a supposed necessity for further demands for the extinction of Indian title. Several of our treaties with the Indian tribes appear to have been made in this spirit. In the present case however, it appears to be a matter of but little importance, what the form of the cession may be, provided it is confined to the Waters of White river, none of which extend as far north as the cessions already obtained on the East and West of that stream.

If it is determined to hold a treaty for the purpose of obtaining the Cession proposed, I think it will be expedient to employ Mr. Sharpe,2 and some person East of the Mountains, who will not be influenced by the single motive of obtaining Indian Lands. Some person in Virginia, Maryland, or Pennsylvania, might be selected for that purpose. The approach of the time that an answer is expected, requires that the question should be decided with as little delay as possible. Considering that the tract of Country proposed to be ceded is embraced within the limits of the Country described in the various memorials which have been presented, praying the extinction of the Indian title; and that the form of the settled parts of the territory will be improved by the acquisition, I would respectfully propose that Judge Park be instructed to invite the Indians to meet him for that purpose, in conjunction with Mr. Sharp, and such other person as shall be selected for that purpose.3 If other tribes should have pretensions to the same lands, they might be invited to attend the treaty, or their title might hereafter be extinguished. As the cession is considered extremely important, there is some danger that the people, as in Tennessee, would be disposed to disregard the title of those who may not unite in the Cession. For this reason it would be better that all the tribes having claims to the lands should be present at the cession, and consenting to it.

Inclosed are several communications from Colonel Meigs,4 from which it appears that a cession of the Cherokee Claim to the lands South of the Tennessee, and West of a line drawn due South from that river where it is intersected by the Eastern boundary of Madison County, will probably be obtained at the approaching treaty with the Chickasaws.

The Conditional ratification of the treaty with South Carolina, will probably be accepted by the Governor of that State, as the jurisdiction was the principal object which the State had in view.

Letterbook copy (DNA: RG 107, LSP).

1The letter has not been found, but this was probably Benjamin Parke to Crawford, 31 July 1816, stating that “the disposition of the Wea to sell to the U.S. the district of country lying between the main branches of the White River—Suggests the propriety of a treaty &c &c” (DNA: RG 107, Register of Letters Received by the Secretary of War). Parke confirmed the contents of this letter in a 22 Aug. 1816 communication to the War Department (DNA: RG 107, LRRS, P-137:9). A territorial judge in Indiana since 1808, Parke was nominated by JM on 28 Jan. 1817 to be a district judge in the newly created state of Indiana (Senate Exec. Proceedings description begins Journal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, D.C., 1828). description ends , 3:73).

2Crawford referred to Fidelio C. Sharpe, a Kentucky state senator. In May 1816 Crawford commissioned Parke and Sharpe to distribute additional annuities among several Indian peoples to persuade them to accept negotiations to resolve disputed claims to public lands along the Wabash River (Carter, Territorial Papers, Indiana description begins Clarence Carter et al., eds., The Territorial Papers of the United States (28 vols.; Washington, D.C., 1934–75). description ends , 8:418–20).

3JM approved this suggestion by directing Parke and Sharpe to negotiate a land cession from the Wea and other Indians on “White River and its branches” in Indiana Territory (see Crawford to Thomas Posey, 6 Sept. 1816 [DNA: RG 75, LSIA]).

4Since Return Jonathan Meigs Sr. sent several letters to Crawford on Cherokee land problems in 1816, it is difficult to identify how many he enclosed here. However, the subject of the line drawn from south of the Tennessee River which intersected with the eastern boundary of Madison County was discussed at length in Meigs’s 19 Aug. 1816 letter to the War Department. The agent also reported that he, along with Tennessee governor Joseph McMinn and Col. John Williams of Tennessee, had been unable to persuade the Cherokee chiefs to accept their proposals relating to lands north of the Tennessee River (DNA: RG 75, LRIA).

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