James Madison Papers

To James Madison from Lauhlin Durant and Others, 29 May 1815

From Lauhlin Durant and Others

Alabama River 29th May 1815

We the Natives of the Creek Nation, Relation of Alexander McGillvery most respectfully beg leave to present this our humble Petition to the Presedient of the United States for a redress of Greivences of the most serious nature that can happen us.

After having shown an inviolable atchment for the Government of the United States through the whole of the late war in which our property has been destroyed, our lives threatned with indiscriminate carnage not one of us but who lost Reletives both near and dear to us on that memorable day that Fort Mimms was taken by the dreadful massacre that the Hostile Indians made there;1 we have at all times evinced a willingness and readiness (as many of the officers of the Army can testify) to coopperate and contribute to every measure that was calculated to prosecute the war with success in behalf of the United States. And we in common with every good citizen of the Goverment rejoiced at the fair prospects of peace—but our prospects are darkened and we are placed in a most critical situation.

Many citizens of the Mississippi Territory have moved over the boundery line betwixt the United States and the Creek Indians on the Alabama River as highup as Fort Claiborn⟨e⟩ in which distance the greatest number of us who are called Halfbreeds were born and raised—they have taken forcible possession of our fields and houses and ordered us off at the risk of our lives—they have reproached us with our origins insulted us with the most abusive language, and not content with that they have even proceeded to blows and committed private injury on our Stocks and property.

We have sought for redress both to the civil and military authority—the civil cannot be applied to our aid as the legislature of the M. Territory the last session did not extend its jurisdiction over the former boundery line of the Creek Nation and the military cannot act without your immediate and express order. We are therefore the passive sufferers who with no small degree of confidence supplicate your immediate interposition for our safety and protection.

The illustrious General Jackson gave us to understand that by the Treaty which he made with the Chiefs of the Creek nation that all actual stetlers who were natives and descendents of the Indians would be intitled to a lease of six hundred and forty acres of land2—some think differently on this subject now, that females with families will not be entitled to any—however, they hope it is not too late to petition Government on that subject next session: and from General Jacksons observation we have been encouraged to remain on our farms which we had occupied for years before the war.

If there is any redress for our Greivences we pray that your wisdom and justice may devise such measures as may be compatible with the justice of our cause the dignity of the laws and the honor of the President:3 and we your suppliant petitioners as in duty bound will ever pray &c

Lauhlin Durant
[and ten others]

RC (DNA: RG 75, LRIA). All of the signatures, which include those of five women, are written in the same hand. Postmarked “Fisher’s P.O. M.T.,” 3 June 1815. Cover sheet bears Alexander J. Dallas’s note: “A copy to be sent to Col. Hawkins, and, also, a copy to Genl. Jackson.”

1For the 30 Aug. 1813 attack on Fort Mims, see Harry Toulmin to JM, 11 Sept. 1813, PJM-PS description begins Robert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (9 vols. to date; Charlottesville, Va., 1984–). description ends 6:616–20 and nn. 1–2.

2For the treaty, see JM’s Presidential Proclamation, 16 Feb. 1815, ibid., 8:594–99.

3War Department chief clerk George Graham sent copies of this petition to Maj. Gen. Andrew Jackson and to Benjamin Hawkins, U.S. agent to the Creek Indians, on 27 June 1815, asking for their evaluations of the claims (DNA: RG 107, LSMA). Hawkins’s reply was reviewed at Montpelier by JM and his new secretary of war, William Harris Crawford, who on 26 Aug. 1815 instructed Graham to tell the agent that funds would be sent to liquidate the claims, subject to JM’s approval. He added that given “the disposition of the President to gratify their reasonable desires … Every attention will be paid to [them] … if they Conduct themselves peaceably and with good faith. The President however cannot at the present moment, make any other special arrangement in their favor. He will receive with benevolence, & with a desire to do them complete justice, any representations which they may wish to make thro’ Colo. Hawkins” (DNA: RG 107, LRUS, C-1815). Graham conveyed this information to Hawkins on 29 Aug. 1815 (DNA: RG 75, LSIA).

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