To Thomas Jefferson from Albert Gallatin, [24 April 1805]
From Albert Gallatin
[24 Apr. 1805]
Congress did not act on the memorial herein alluded to: the boards of commissrs. have not been consolidated and Mr Nicholas having arrived at New Orleans in March is probably by this time at the Tombigbee.
Whether the construction given by the Commissrs. (Kirby, Chambers & Nicholas) to the law was correct or not I cannot say, because the memorial stated only general grounds of complaint of which, without a knowledge of the facts, it was impossible to judge. The most active supporters of the memorial which is now supported by Gilmore, Grew and Harwell, were, however Cato West & his friends at Natchez. I believe they were afraid that if the same principles which had governed Kirby in Mobile were adopted by the Commissrs. at Natchez, it would curtail their extensive claims; and the memorial of the Legislature to Congress was perhaps less intended for the purpose of obtaining a revision of Kirby’s decisions, than for that of influencing, by the fear of a similar denunciation, the expected decisions of Rodney & Williams. This induced me to write to those two Gentlemen that without pretending to decide on the correctness of every determination of the Mobile commissrs., yet there was every reason to believe, (both on account of their integrity & intelligence) that they had given to the law in general its true construction. On one point indeed which was specified I have no doubt they had. It is true at the same time that the whole amount of land, claims to which they have recognized, does not exceed 37,000 acres exclusively of pre-emption rights; but an additional number will be recognized this spring under the act of last year. That those people will be very troublesome must be expected from their habits & situation—
A.G.
RC (DLC); undated; endorsed by Gallatin: “Memorandum on the Tombigbee petitions” and “Note No answer necessary to either; the act of last Session being a sufficient answer to both”; endorsed by TJ as received from the Treasury Department on 24 Apr. 1805 and “Tombigbee petns.” and so recorded in SJL.
memorial herein alluded to: that is, the memorial of the Mississippi Territory legislature to Congress, 14 Dec. 1804 (, 5:361-7; Rodominick H. Gilmer to TJ, 23 Dec. 1804, 4 Mch. 1805). In addition to Rodominick Gilmer’s letter of 4 Mch., TJ received two additional communications from Tombigbee on 23 Apr.: one that he recorded as from “Grew & Harwell” on 3 Mch., probably meaning Ranson Harwell and someone whose last name may have been McGrew, and Joseph Thompson and others to TJ, 19 Feb. Neither has been found (see Vol. 45: Appendix IV).
For criticism of the construction given by the commissioners east of Pearl River to the 1803 law regulating land grants and the disposal of public lands south of Tennessee, see Gilmer to TJ, 23 Dec. 1804. Congress revised the act in March 1804 and again in March 1805 (, 2:303-6, 323-4). On 11 Mch., Gallatin sent the most recent revision to Thomas Rodney and Robert Williams, the commissioners west of Pearl River at Natchez, and emphasized that their authority did not extend to claims east of Pearl River. Gallatin mentioned this in light of the recent complaints received from the inhabitants of Washington County, which might induce them to make new applications to the board at Natchez and thereby “create great confusion” if acted upon by Rodney and Williams. Gallatin had “every reason to believe” that the commissioners east of Pearl River had performed their business “with correctness and in perfect conformity with the true meaning of the law” (, 5:388-9).