Petitions & Intruders

Intruders in the Chickasaw Nation

The word intruder conjures up many images in the mind. What exactly was an Intruder in the Chickasaw Nation?

The dictionary defines intruder as “to thrust of bring in without reason; to thrust oneself without permission”.

In the Chickasaw and Choctaw Nations, only members of these two tribes could live on their land. If you were not a member of these two tribes then you were an intruder.

It made no difference if one was Cherokee, Osage, Delaware, black, white, Mexican or Chinese, you were an intruder with only the tribal freedmen being the exception.

There were good and bad intruders. The bad intruders were the whiskey peddlers, conmen, rustlers, murders and robbers. These were not wanted and every effort was exerted to eradicate them by legal means if possible. The case most often is that they were killed before the formal administration of justice.

The good intruders were the whites that were merchants, freighters, wheelwrights, blacksmiths, teachers, missionaries and doctors.

From 1837, when the tribes became a sovereign nation in Indian Territory, white men wanted to enter the Nations to do business. At first there were only a few of these intruders and this posed little problem for the tribes. As time passed, the tribes began issuing annual permits for these intruders.

The Chickasaws adopted the Choctaw permit system when it became a separate nation in 1856 with a new constitution. Cyrus Harris pushed heartily for the rapid expansion of educational and vocational training facilities for the young people. Until such time as these young people could be trained, the tribes would have to rely on the white intruders and their expertise.

The Chickasaws wanted the white men among them as they always brought business activity and that stimulated the local economies of the Chickasaws.

The white intruders who came in built cotton gins, gristmills, saw mills, sorghum mills and purchased the produce of the Chickasaw farmers and ranchers.

These merchants who were mostly white intruders imported goods such as farm implements, clothing, shoes, coffee, sugar, flour and food stuffs that increased the standard of living in the Nations.

In 1876, the Chickasaw Legislature passed an act which permitted white men to rent land or otherwise be employed by a citizen and pay an annual permit fee of $5 per year.

This amount was small enough so as not to create an undue burden on the farmers but did help the Chickasaw treasury considerably. For those not familiar with this type of arrangement of farming, it was known as sharecropping.

Normally the Indian citizen who often had as many 15 to 20 white farmers would pay the annual permit. The point to remember here is that at this time, a citizen could farm as much land as he could successfully handle. Also the land was farmed with a team of mules or oxen and a forty-acre farm was considered very large for one man. Many of the Chickasaws became very wealthy using this practice.

Licensed traders and merchants, non-citizens, were required to pay an annual ad valorum tax on their stocks in addition to the annual fee.

Physicians were required to obtain a permit from the governor and pay a $5 annual permit fee. Mechanics and farm laborers paid the $5 annual fee but should they desire to stay in the Nations for only a short time, they could pay a fifty-cent monthly permit fee.

In 1898 the Chickasaw Legislature passed an act that imposed an annual head tax of $1 for all adult non-citizen males 18 years of age. If a non-citizen owned horses, jacks, jennets, mules or cattle, he was obliged to pay an annual fee of 25 cents per head.

Up to this point, the large cattle ranchers were required to pay an annual permit fee of $50 and 10 cents per head grazing fee. The tax rate was increased by 150% and caused many large ranchers to move to the Cheyenne-Arapaho and Comanche-Kiowa reservations in the Leased Lands where the old fee of 10 cents was still in effect.

Keeping in mind that a steer at this time brought about $8 to $10 per head, the rancher could loose one quarter of his herd annually to the new taxes. One can see that a herd of cattle that numbered 15,000 to 20,000 could cost nearly $5,000. Little wonder they moved out of the country.

But this created a new problem. A white man who paid these annual fees could marry a Chickasaw woman and become a citizen by marriage thus eliminating the fees. Many of the intruders married Chickasaw women and divorced or left them upon becoming citizens.

Governor Harris was at his wits end on how to stop this practice and even went so far as to propose the banning of divorce in the Nation. Governor Byrd went a step further and changed the fee for a marriage license between a citizen and non-citizen from $50 to $1050. That fee is quite steep for a man making $25 a month. Also it was thought that the $1050 marriage liscense fee would greatly exceed the value of the allotment of the Chickasaw bride, thus eliminating the idea of getting free land

The intruders who became citizens became a driving economic force in the Nations. As the white intermarried citizens became wealthier they exerted more political influence in the legislatures and few forgot their own economic schemes.

J.J. McAlester is a prime example of the white intermarried citizen who became wealthy through his dealing with the Choctaw Nation.

After the Civil War, McAlester established a freighting business between Ft. Smith and Ft. Gibson. He later established a trading store where the town of McAlester now stands.

As his business took him through the future counties of Pittsburgh, Latimer, Coal and LeFlore, he noticed the black outcroppings of coal everywhere. The Choctaw knew of the black stone but thought it had no particular value.

Through his marriage with a Chickasaw woman, McAlester was able to secure a contract for literally thousands upon thousands of acres of coal land and made a fortune. He imported hundreds of white coal miners from the East, which he paid the annual $5 permit.

The white intruders acquired vast holdings in timber and other mining activities of the Nations importing more white workers. These workers married Chickasaw and Choctaw women and became citizens.

In a few years, the white men had acquired a dominating influence into tribal affairs and the governors and legislatures became subservient to these wealthy interest.

The white intruders of the 1860’s who were few in number were now in control of mining, logging, farming, ranching, freighting and they owned the towns and the railroads.

Although the white men could not own the land where businesses were located, the tribes had become so dependent on their goods and services that they were now helpless without them.

Submitted by Dennis Muncrief - June, 2003

PETITION TO CONGRESS
BY THE INHABITANTS OF TOMBIGBEE AND TENSAW

AUGUST 1, 1799

To the honorable the Congress of the United States of America, the petition of the Subscribers, Inhabitants, of the settlements of Tombigby and Tensaw, in behalf of themselves and others concerned, respectfully shews--

That your petitioners from the change of government which has lately taken place, and which change they have long anticipated with the most anxious solicitude, are, in a situation and predicament, perhaps very different from most of their fellow Citizens. This peculiarity of their circumstances give rise to apprehensions which, your honorable body only, are competent to obviate.

There are some who claim lands lying on these rivers, under old Brittish Titles the record whereof is not within our knowledge; but we in general claim and possess by virtue of Spanish Grants, obtained since the Cession of the Florida's to Spain, and some hold by settlement and Ocupancy.-

It is evident, that in the first two cases, the different Titles will in many instances interfere and clash as the former rights are generally covered by the latter. This may be a source of discord, and a subject of perpetual discontent and litigation, and endless expence, which your petitioners are unable to support, and which from a principle of amity and social duties they are entirely averse to. We pray that your honorable body may take this subject into consideration and make such fair and equitable arrangements and regulations, as in your wisdom may seem most salutary and operative to avert the grievances herein contemplated-.

Such of your petitioners as hold lands by settlement and occupancy, are mostly natives of the Southern States, and have been usually entitled to the priority of saving their settlements by applying, according to the established regulations, as this seems just: they with deference suggest, that similar regulations would conduce most to the advantage of these inhabitants, and not prove detrimental to the government.

Your petitioners residing on a very limited Tract not exceeding fifty miles from the Indian above, to the Spanish line below, (the vacent lands of which are inconsiderable) and of this small Tract it is only the lands immediately on the rivers, and some of them must be excepted, that are worth cultivation. In general within two miles of the rivers, the Country is a continued pine-Barren in many places not arrable, and every where steril and unproductive. Thus limited and circumscribed, your petitioners are induced to solicit an enlargement of Territory, which they apprehend might at an early period, be obtained on good terms should Congress be disposed in their favor-The Indians of both Nations it is believed would readily agree to a sale of the lands lying between the two rivers; below a line drawn from the place where the old Choctaw line strikes Tombigby, near HatcheeTigbie, directly east ward to the Allibama, thence in the same direction a few miles, and thence by a line drawn south until it strikes the old Creek line below Little river. This acquisition of Territory will unite the Settlements of Tombigby and Tensaw; will admit an increase of population, will add to the stability and safety of the settlements, and we apprehend will pertain to the advantage of the United States-

Your petitioners are differently circumstanced from their fellow-Citizens of the Territory residing on the Mississippi, with respect to Commercial and Marine relations. They have not been informed that there has been any special agreement made for the free Navigation of these Rivers or the freedom of the ports of Mobille and Pensacola, and it is by a naval intercourse only, with the United States, the West Indies and Europe, that the Citizens of these settlements can send the surplus of their produce, or command a recompense for their labor and industry. On this point they are the more urgent, as they now experience from necessity, what they lately did from force, all the grievances possible, resulting from extortion and imposition, practised by foreign Adventurers and Traders residing near, and coming among them.

Your petitioners represent as a greivance, that there should be posts for the distribution of presents to the Indians, and that Indian Traders should be suffered to reside and deal within the settlements. These people on their way to and from the posts or places of Trade, are guilty of every species of theft violence and out-rage natural to the rudeness and ferocity of their manners-

Attached to the United States in general by birth, United to them by choice and by principles, your petitioners are the more confident in soliciting your honorable body to take the primises into Your most serious consideration and grant such relief, and make such provision, as in your wisdom may appear just and adequate.

August lst 1799

Berry, Presley

Berry, John

Blackwell, Nathan

Boykin, Francis

Brewer, Charles

Brewer, Geo

Callier, John

Chiney, Emanuel

De Castro, Julian

Denley, James

Gains, Young

Hollinger, Adam

Hunt, Henry

Hunt, William

King, Ben

Lee, Rd

Lukas, William

McGrew, John

McGrew, FLd

McGrew, Clarke

McGrew, Will

Morgan, Hiram

Mounger, Sampson

Rogers, Wm

Stringer, Francis

Vardeman, Wm

Vinson, Jas

Welch, Robert

Wootan, Harde

All spelling and punctuation were copied exactly from Territorial Papers (HF:6 Cong., 1 sess.:DS).

106 [--108] Mississippi Territory
___________________________________________________

PETITION TO THE PRESIDENT AND CONGRESS BY
BY INTRUDERS ON CHICKASAW LANDS
[WD:AGO, Old Recs., Div.:DS]

Mississippi Territory, Elk River, Sims'es Settlement

September 5^th 1810--

To his Excellency James Maddison President of the United States of
america and the honourable Congress assembled:

We your petitioners humbly sheweth that a great many of your fellow citizens have unfortunately settled on what is now called chickasaw land- which has led us into difficultys that tongue cannot express if the orders from the ware department are executed in removeing us off of said land. However in a government like ours founded on the will of the people we have reason to hope and expect that we shall be treated with as much lennity as the duty you owe to Justice will permit. We therefore wish, Without the shade or colour of falshood, to leve to your consideration the main object of our setling of this country In the first Place, we understood that all the land on the north side of tennessee river was purchased of the Indians which was certainly the Case, and further we understood that this was congress land as we call it and by paying of two Dollars per acre we should obtain An undoubted title to our lands and avoide the endless law suits that [107] arise in our neighboring states in the landed property under these and many other impressions of minde that appeared inviteing to us to setle here a great many of us solde our possessions and Came and settled here in the winter and spring of 1807 without any knoledg or intention of violating the laws of government or Infringing on the right of another nation and we remained in this peacefull situation untill the fall of 1807 when General Robertson Came on runing the chickasaw boundary line and he informed us that, though the cherokees had sold this land, yet the chickasaws held a clame to it as their right. And now as booth nations |had| set up a clame to this land and Government haveing extingushed the cherokee clame; and we who are well acquainted with the boundarys of this country do think in Justice that the cherokees had undoubtedly the best right to this land we could state our reasons for thinking so, in many cases, but we shall only refurr you to one particular, that is when Zacheriah Cocks (1) made a purchase of parte of this country and came in order to settle it he landed on an island in the Mussell Shoals, and was making preparations to ingarrison himself but when the cherokees Understood his intentions they got themselves together and sent in messingers to him telling him if he did not desist and remove his men out of their country they would certainly imbody themselves and cut him off. And Cocks took the alarme And left the Island in the night. And if the cherokees had not defended this country at that time it may be persumed that it would have been taken from the chickasaws without asking of them anything about their right to it. For the cherokees do say that they have held an antiant clame to it which they never lost by sword or treaty untill extinguished by government. And should this be the camse and appeare to your satisfaction that the cherokees had at least as good a right as the chickasaw and you haveing that right invested in you-and you are allso willing to pay the chickasaw for their clame and they refuse to sell it where then can there remain a single doubt In the publick Minde of doing the chickasaws any kind of unjuistice in makeing use of the cherokee clame and saying: if they will not take a reasonable price for their clame we will not remove our fellow citizens off which will bring many women and children to a state of starvation mearly to gratify a heathan nation Who have no better right to this land than we have ourselves And they have by estemation nearly 100000 acres of land to each man Of their nation and of no more use to government or society than to saunter about upon like so many wolves or bares whilst they who would be a supporte to government and Improve the country must be forsed even to rent poore stony ridges to make a support to rase their famelies on whist there is fine fertile countrys lying uncultivated and we must be debared even from inJoying a small Corner of this land but we look to you the [108] boddy of government as a friendly father to us and believe it Compleatley within your power Whilst you are administering Justice between us and the chickasaws to say with the greatest propriety that we have once purchased this land and we will not remove our fellow citizens off but let them remain as tennants at will untill the chickasaws may feell a disposition to sell us their clame therefore we your humble petitioners wish you to take our standing duely into consideration and not say they are a set of dishoneste people who have fled from the lawes of their country and it is no matter what is done With them.for we can support our carractors to be other ways and it is our wish and desire to protect and supporte our own native Government we must informe you that in the settling of this country men was obliged to expose themselves very much and the Climate not helthy a number of respectable men have deceased and left their widows with families Of alphan [orphan] children to rase in the best way they can And you might allmost as well send the sword amongst us as the fammin the time being short that our orders permits us to stay on we wish you to send us an answer to our petition as soon as posable and, for heavens Sake Pause to think what is to become of these poore alphan families who have more need of the help of some friendly parish than to have the strictest orders executed on them who has not a friend in this unfeeling world that is able to asist them Either in geting off of said land or supporting when they are off we are certain in our own minds that if you could have A true representation of our carractor the industry we have made. and the purity of our intentions in settling here together with the justice of our cause you would say in the name of God let them stay on and eat their well earned bread. Perhaps our number may be fare more than you are apprised of from the best calculation that we can make there is Exclusive of Doubleheads reserv (2) 2250 souls on what is called chickasaw land and all of us could live tollerabie comfortable if we Could remain on our improvements but the distance is so great if we are removed off that we cannot take our produce with Us and a great many not in a circumstance to purchase more will in consequence of this be brought to a deplorable situation We shall therefore conclude in hopes that on a due consideration we shall find favour in the sight of your most honourable Body which will in duty binde your petitioners to ever Pray &c.

Wm. Sims† (3)
James Sims
Michael Odaniell
Thomas Skagg†
Wiliam Payne†
Berry Matlock
George Brown†
James Reynolds
Larkin Webb†

Isaac Crowson†
Benjimen osbourn†
Robert Cravens †
Andrew Arnett
Jonathan Cochron
Hoseph Bradley
James Wooley
Henry Lysby
Isaac Gibson †

Mississippi Territory 109
___________________________________________________

Samuel Easely
David Simon
John Hoddge
John Coward
Charles Skaggs Sen †
Charles Skaggs Jur
Charles Williams
William Adams †
Wm Bowling Sen
Wm Bowling Jr
Wm Cooper †
Wm Conway
Charles Easely
John Scaggs †
John Eppler †
Jonathan Eppler †
James Neill
Isham Brown
James Brown †
Abraham Brown†
Edward Davis †
Rawleigh Dodson†
Aaron Luisley
Simon Foy††
Benj. Murrell
Calvin Wittey
Caleb Juett
Isaac Murrell
George Arbuthnot
Francis Daugherty†
Bejman Carrel
Asa Magge
Sammell Preed Jun
Sammul Preed
James Preed
Christopher Baylor
Marckel Stockdon
Thomas Redus
Abraham Sims
Richard Murrell
John Daugherty†
James Hodge
James Hood
William Mayer
William Hodge
William Hoodser
Edmond Fears
William Hood Jr
Ely Robertson
Samuel Robertson
Michel Robertson
John Allon †

James Ball
[MS illegible]
John McCutchen
David McCutchen
John Calwell
John Bidell
John Rosson †
Simon Rosson
Richard Linville†
Wm. Nelson †
John Nelson †
James Ford†
James Caldwell
Wm. Kile†
Samuel Bradley †
William Adams
Roland McKenny †
James McKenny †
John McKenny
Ruben McKenny
Robert McKenny
William McKenny†
John Lynn
Elijah Price
John Hogges
John Sessoms
Amos Moor
William Ellis †
John Thomas
Joshua Perkins
Issac Fraey
Lovill Coffman †
Cornelius Gatliff
James Redey
John Panton
Jesse Panton
William Hooker
Thomas Pool†
Philmer Green Senr
Jere. McKellins
Reuben Riggs
William Candon
James Riggs
Robert Tayler †
Enoch Tayler
John Tayler
Jas Wilder
Fracis Ascaugh
Joab Arbagh
Jas. Wherrey
John Bell
Benjamin Russell

110 Mississippi Territory
___________________________________________________

Edward Frost
Jas. Anderson
Joseph Evans
Henry Evans
John Scallern
Jacob Scallern
John Wainwright
John Myers
James Green
John Mowery
Alexander Dutton
George Fergel
John Sauls
Reel Matcok
John Bartell
John Kim
Andr Jackson
Henry Miller
Abraham Miller
Robert Foury
Joseph Calvert
James Mossy
James McMahhan
Jessy Cooper
David Miller
Levi Cummins
Mark Mitchell
Allen Cotton
John Cotton
William Cox
Thomas Hardy
George Loften
John Tayler†
John Reed
Elkin Tayler
Lennard Lofton
Joseph Foster
Abraham Kirkelot
John Kirkendall
Jos. Jones
Levi Cooper
John Cooper
John Paine †
Fuller Cox
Sami Cox
Joseph Looker
William Riggs
Bridges Freeman
Charles Hulsey
Beverly Philips
Shaderick Cross †
Benjamin Ishmal
Benjn. Cross

Henry Cross †
Jonathan Adams
Thos. Adams
Robt. Wallis
James Isaac
Hardin Hulsey
William Hill
Jas Miller
John Hamlin
Samuel Smith
Ellexander Smith
Felps Smith
Wm. Smith
Bryan Smith
Jonathon Greenhow
Wm. Greenhow
Greenbery Greenhow
John Croslin
Benjamin French
Henry Croslin
Jessey Richardson
Joseph England
David Dudden
John Crage
Michal Trimble
Elisha Rainbolt
Jas Craig
John Mitchell Snr
Elisha Garritt
John Mitchell Jnr
George Mitchell
Wm. Smith
Jno. Sanders
Reuben Sanders
Joseph Carnes
Wm Carnes
Redden Crisp
Wm. Black
Levi Black
Jos. Keen
John Allman
Walter Tremble
Elye Hornback
Wm. McGowen
Robt. Hodges Jnr.
Robert Stenson
John Smith
John Runnels
Francis Bird
Thos. Henderson
Shadrach Morres†
Lewis Tacket

Mississippi Territory 111
___________________________________________________

William Kellett
Joseph Kellett
James Kellett †
James Humphrs [Humphreys?]
William Humphrs
Charles Smith
William Stephens
Samuel Nelson
George Honbre
Joel James
Henry McGuin
Wm Mullin
Thomas Mullin
John Toliver
Matt Smith
James Mullens
Jaret Brandon
James Smith
John Miller
Elijah Major
James Major
John Trimble
Joshua Brunson
David Parker
John Ray
John Carnham
Jacob Pyeatt
James Pyeatt
Aron Gibson
Cabot Turner
Isack Shipman
John Hakins
George S. Wilson
Josha Bruntson
James Slaughter
Jesop Luster
John Luster
James Luster
Robert McGowen
DanI McIntyre
Alexr Masky (or Marky)
John Chambers
Thos Price
Joel Philips
Wm. Stinson
George Hauge
Ezek. Smith
Wm Smith
Andrew Smith
Jame McConel (or McCarrel)
Sami McConell
Jams M. McConell

William Chambers
Jno. Webb
George Bankhead
Jno Bankhead
Michael Shaly
George Shaly
Fredrich Shaly
Moses Crosen † [Crowson?]
Moses Chot
John Vans
Duncan McAntire
William Voss
Alex Miller
William Cochran †
John Welch
William Welch Senr
Beverly Luster
David Luster
Jas Bevers
Jonathan Burleson
John Burleson
Mathew Brunston
William Slaughter
Jonathan Blair
John Billinsly
Johnathan Greenhow
Clouds Greenhow
Alexander Moor
Robert Moor
John Umphres [Humphreys?]
Archable Tremble
James Garner
John Bell
James Burlston
Robert Thresher
David Thompson
John Roguey(?)
David Capshaw
Malachi Reeves
Robert Gresham
Amos French
William W. Capshaw
George Ogel
George McCown
David Allerd
William Magers(?)
Harda Allerd
Georg Cooper
David Water
John Wager
Harmon Horn
Banra Devon

112 Mississippi Territory
___________________________________________________

John Gebbens
Robt Gebbins
Saml Gibbons
James Gibbons
Jos. Gibbons
Clemen Arman(?)
Mathew Brewer
James Norman
Aaron Shote
John Shote
John Wynn
M. Armstrong
Thos. Dodd††
Isaac Perrett
Jeremiah Rowlen
Mitchell O'Neel
Jessy Dillion
Tiery O'Neel
Hirram O'Neel
Joseph Brunson
John Parmerly
Richard Robertson
George Taylour
Ellken Taylor
John Taylour Junr.
Robert Taylour†
Hanum Taylour
John Taylour Sen. †
Thomas Read
John Read
Wm. Taylour
Nathanniel Hannet [Hamet?]
James Dunahoo
James Long
John Cooper
Leire Cooper
James Dunham
Alexr Dunham
Thomas Brighton
Names of the Widows
Damarias Bowling
Amerida Hatton
Betsey Williams
Mahaley Robertson
Gilly Crowson
Milly Hogwood
Drankey(?) Medders
Patsey Carter
Caty Lawrence
Joan Black
Ann Johnstons

Susan Wigges
Betsey Cooper
Ann Grin(?)
Elizebeth Sims
Grizell Sims
Polly Prigman
Sally Williams
Any Taylour
Christiana McRavey
Men's Names
Abner Camnon (or Camron)
Jessey Beavers
John Hoaton
Robert Hoaton
Nicholess Boren
James Boren †
Abner Boren
Henry Davis
Benjamin Land
Andrew Blithe
Jacob Blithe
Wm. Lilly
Obediah Martin
Wm. Martin
Henson Day
Andrew Pickins †
Joseph L. Jones
Hugh Bradon
Adam Burney †
James Burney
Wm. Ferrell
Owen Shannon
William Cooper
Jas. Braden
James Steward †
John Cooper
Levi Cooper
Chale Dever
John Black Junr
Prier Kile
Reuben Smith
Isac Lann (or Lanse)
Eli Tidwell †
Millin Tidwell
Eli Tidwell
Daniel Kinny
Owin Shannon Se.
James Renn
H. T. Hendry
Jos L. Hendry
William Cramer

Mississippi Territory 113 ___________________________________________________
William Murrell William Smith John Smith John Black Senr Gabriel Tayour [Taylour?] Natheniell Harbin(?) Jessee Harbin James Harbin Robert Wood	Millenton Tidwell † James Leath Edward Shoat Vantenten [Valentin?] Shoat John Taylour † Benjamin Tutt Thomas Kile† James Pickins †
[Endorsed] Petition (addressed to James Madison, Pres: U.S. by 450 of the Intruders upon the chickasaw Territory: -- &c. &c. -- Rece^d Oct^o. 1^st 1810.