From Thomas Jefferson to Henry Dearborn, 8 April 1804
To Henry Dearborn
Monticello Apr. 8. 04.
Dear Sir
Just as I was leaving Washington, I received the inclosed letter from Colo Matthew Lyon, the suggestions of which I think well worthy our attention, as it is certainly better to prevent Squatters on the lands in the district of Louisiana (as yet it is upper Louisiana) than to have them removed after they shall have firmly established themselves. at present the Spanish laws are in force there. I presume that they gave to their government a power to prevent & remove intruders on the public lands, and that the removal was made by the military, as that was their common instrument. if so, we have the same power, and may instruct the commanding officer of every post to attend to this duty with rigour, through every part of the territory which is nearer to him than to the commanding officer of any other post. this would be the best definition of the extent of his patrole which we could give. and I presume he should prevent settlements not only on the ungranted lands, but on those claimed under grants made since the treaty of St. Ildefonso (however antedated) taking for his guide the 14th. section of the act erecting Louisiana into two territories. as this procedure requires mature consideration, I will ask the favor of you to communicate this letter, to each of the heads of departments, with the inclosed notes, as I have asked from them a written opinion, from which & your own, if you will be so good as to give it to me, I will form the result & communicate it to you.
I think before I left Washington, we had decided to take immediate measures for endeavoring to purchase of the Cherokees all their lands in Tennissee, or so much of the most interesting to that state as they would be willing to sell, and to name Meigs & Daniel Smith, Commissioners. Accept my affectionate salutations & assurances of respect.
Th: Jefferson
RC (MHi: Dearborn Papers); “Monticello” in dateline interlined in place of “Washington”; signature clipped, supplied from PrC; notation by Dearborn: “The signature of T. Jefferson cut out to give to a friend”; at foot of text: “The Secretary at War.” PrC (DLC). Tr (DNA: RG 59, MLR); enclosed in an undated, brief covering note from Dearborn to Madison stating that he is sending the copy at TJ’s request (, 7:36). Tr (NHi: Gallatin Papers); with a similar cover letter from Dearborn to Gallatin. Recorded in SJL as a letter to the War Department with notation “squatters Louisa. Cherokee treaty.” Enclosures not found.
The letter from matthew lyon about squatters has not been found and is not recorded in SJL.
The 14th section of the 26 Mch. act dividing Louisiana declared null and void most grants of land in the territory made after the Treaty of San Ildefonso of 1800, by which Spain ceded Louisiana to France. Exceptions were made, however, for lands granted to actual settlers and not exceeding one square mile in size. The section also imposed fines of up to $1,000 and imprisonment for up to 12 months for those found guilty of settling on or surveying lands in Louisiana belonging to the United States. The president was authorized to employ military force to remove such intruders (, 2:287-9).
Dearborn wrote to Return Jonathan meigs and Daniel smith on 4 Apr., informing them of their appointment as commissioners to treat with the Cherokees and instructing them to negotiate for such land cessions in Tennessee, Kentucky, or Georgia “as can be done on reasonable terms,” especially the territory in central Tennessee and the unauthorized settlements on Cherokee land in the vicinity of Currahee Mountain, Georgia, by William Wofford and others (in DNA: RG 75, LSIA; , Indian Affairs, 1:699; Vol. 39:381n, 493).