James Madison Papers
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https://founders.archives.gov/documents/Madison/03-11-02-0126

To James Madison from William Harris Crawford, 26 June 1816

From William Harris Crawford

Department of War 26th: June 1816.

Sir,

I have the honor to submit for your consideration, a draft of the instructions prepared to be sent to the Commissioners appointed to treat with the Chickasaw Indians.1 I have the honor to be, most respectfully, Sir, your Obt. Servant.

Wm H Crawford

RC (DLC); letterbook copy (DNA: RG 107, LSP). RC in a clerk’s hand, signed by Crawford; docketed by JM.

1The draft has not been found, but for the final version of two sets of instructions sent to commissioners Andrew Jackson, David Meriwether, and Jesse Franklin on 3 and 5 July 1816, see ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States […] (38 vols.; Washington, D.C., 1832–61). description ends , Indian Affairs, 2:100–102. The need for these instructions was occasioned by the failure of recent talks in Washington with a Chickasaw delegation to settle boundary lines that were in dispute between the United States, on the one hand, and the Creek, Cherokee, Chickasaw, and Choctaw nations, on the other. The headmen of the Cherokee, Chickasaw, and Choctaw nations maintained that the land cessions taken from the Creeks by Andrew Jackson in August 1814 encroached on lands they claimed as their own, a point that was vigorously disputed by Jackson. In the final version of the instructions, JM tried to balance a number of conflicting considerations, notably: a desire to retain all the land taken by Jackson, which gave the United States undisputed access to the Tombigbee River and the Gulf Coast; and a concern not to do injustice to the Indian nations rejecting the boundaries of the Creek cession, least of all by a resort to violence. The commissioners were given considerable discretion about how they might negotiate with the Chickasaws whose headmen, JM feared, might be “shocked at the policy which these demands may be supposed to disclose.” A treaty was signed at the Chickasaw Council House on 20 Sept. 1816, in which the Chickasaws ceded all the land on the south side of the Tennessee River and the west bank of the Tombigbee River in return for financial payments stretching over ten years, as well as various accommodations for the Colbert family. JM sent the treaty, along with those of twelve other tribes, to the Senate in December 1816 (ibid., 92–93; Atkinson, Splendid Land, 205–6; JM to the Senate, 10 Dec. 1816).

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