War of 1812 Era · 1801

Treaty with the Chickasaws, 1801

ID T-0021

Date 1801-10-24

Articles 1

Instrument Note

Parties

United States and the Chickasaw Nation

Context

Executed at Chickasaw Bluffs (present-day Memphis) on October 24, 1801. The Chickasaw controlled the western Tennessee and upper Mississippi territory — strategically critical for U.S. access to the lower Mississippi and New Orleans. The Jefferson administration was actively constructing the Natchez Trace road through Chickasaw territory.

Significance

One article: the Chickasaw grant the United States the right to lay out, open, and keep in repair a road through their territory, and to establish stands — rest stations — for travelers. The road connected Nashville to Natchez. The Chickasaw received specific compensation: a sum paid at signing. No cession of land. The U.S. obtained a permanent easement through the Chickasaw nation for what would become one of the most heavily trafficked routes in the south.

Legal Observation

A road easement through Indian territory is a cession in slow motion. The legal instrument grants passage rights. The passage rights generate traffic. The traffic generates pressure for permanent settlement along the route. The settlement generates pressure for full cession of the surrounding territory. The Natchez Trace route through Chickasaw territory follows exactly this trajectory across subsequent instruments in the corpus.

TREATY WITH THE CHICKASAWS. 1801. 65 Wirnesses :—Elisha I. Hall, Sec. of the Commission. Silas Dinsmoor, I. agent to the Cherokees. John W. Hooker, U. S. Factor. Edw. Butler, Capt. commanding at Tellico. Robt. Purdy, Lieut. 4th U. S. Regt. Ludwell Grymes. Jno. M-Donald. Daniel Ross. Mattw. Wallace, Esquire. Saml. Hanly. Michael M:Kinsey. Chs. Hicks, interpreter. James Cazey, interpreter. John Thompson. To the Indian names are subjoined a mark and seal. A TREATY, Of reciprocal advantages and mutual convenience between the Oct. 24, 1801. United States of America and the Chickasaws. Proclamation, May 4, 1802. Tnx President of the United States of America, by James Wilkinson , Consent of brigadier general in the service of the United States, Benjamin Hawkins Senate, -May of North Carolina, and Andrew Pickens of South Carolina, commis- 1 sioners of the United States, who are vested with full powers, and the Mingco, principal men and warriors of the Chickasaw nation, represent- ing the said nation, have agreed to the following articles. Arr. I. The Mingco, principal men and warriors of the Chickasaw Right to make nation of Indians, give leave and permission to the President of the a road, Se United States of America, to lay out, open and make a convenient ESSO EN waggon road through their land between the settlements of Mero District in the state of Tennessee, and those of Natchez in the Missis- sippi Territory, in such way and manner as he may deem proper; and the same shall be a high way for the citizens of the United States, and the Chickasaws. ‘The Chickasaws shall appoint two discreet men to serve as assistants, guides or pilots, during the time of laying out and opening the road, under the direction of the officer charged with that duty, who shall have a reasonable compensation for their service: Pro- vided always, that the necessary ferries over the water courses crossed by the said road shall be held and deemed to be the property of the Chickasaw nation. Arr. II. The commissioners of the United States give to the Mingco Present of of the Chickasaws, and the deputation of that nation, goods to the value goods to In- of seven hundred dollars, to compensate him and them and their attend- dans. ants for the expense and inconvenience they may have sustained by their respectful and friendly attention to the President of the United States of America, and to the request made to them in his name to per- mit the opening of the road. And as the persons, towns, villages, lands, hunting grounds, and other rights and property of the Chickasaws, as set forth in the treaties or stipulations heretofore entered into between the contracting parties, more especially in and by a certificate of the President of the United States of America, under their seal of the first of July 1794, are in the peace and under the protection of the United States, the commissioners of the United States do hereby further agree, that the President of the United States of America, shall take such measures from time to time, as he may deem proper, to assist the Chickasaws to preserve entire all their rights against the encroachments of unjust neighbours, of which he shall be the judge, and also to pre- serve and perpetuate friendship and brotherhood between the white people and the Chickasaws. Treaty, when to take effect. Dec. 17, 1801. Proclamation, May 4, 1802. Ratified April 1802. Peace and friendship.

Source: U.S. Statutes at Large, Vol. VII. Edited by Richard Peters, Esq. Boston: Charles C. Little and James Brown, 1846. Reprinted by Dennis & Co., Inc., Buffalo, N.Y., 1962. Source lines 6786–6878.