1810 Elk River Intruders Petition
(Simms' Settlement)

Between the years 1809 and 1811 federal soldiers from Fort Hampton made numerous forays onto the Chickasaw reservation in order to remove illegal settlers (intruders) and destroy their improvements, including crops, homes, etc. (See The Intruders, Pre-1816 Settlers on Chickasaw Reservation Land). Although commonly referred to as the "Simms' Settlement Petition," numerous of the 450 men and women (Intruders) who signed the following document were residing elsewhere within the untreated Chickasaw lands, including Giles County, although Simms Settlement (on the Elk River in present-day Limestone County, Alabama, just south of Giles) does appear to have been where the settlers' returned to re-group following the 1809 Intruder Removals.

Many of these names and those on the 1809 Elk River Intruder List are also on the 1812 Giles county tax list, and a sampling has been indicated by the use of the symbol † after the name.

Excerpted from The Territorial Papers of the United States, The Territory of Mississippi, 1809-1817, Volume VI, compiled and edited by Clarence Edwin Carter, published by the United States Government Printing Office, Washington, 1928, pp. 106-113:

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 5th 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. -- Reced Octo. 1st 1810.

†† Simon Foy and Thomas Dodd are not on the 1812 Giles tax list, but are mentioned by McCallum as early Elk River settlers. Both are also on the 1809 Intruders List

(1) According to McCallum's History of Giles..., "The treaties of 1805 and 1806 extinguished the Indian title to a considerable portion of what is now Madison County, in Alabama, a scope of country in the shape of a "V," some thirty miles wide on the South boundary of the Tennessee with a point on the Tennessee River at Ditto's landing, with about eight miles front on the river. Soon after the treaty, Zacharia COX and his associates, the "Tennessee Zazoo Company", claimed this scope of country as against the US Government. Under their purchase from the State of Georgia in 1795, they commenced settling it and having it settled up. They were resisted by the Government and those claiming under said purchase were driven off."

(2) Fort Hampton at the Doublehead Reserve became home to the soldiers' whose duty it was to rid the reservation lands of "intruders." A list dated

(3) The original transcription included numbers which were commonly referred to as "Sims Numbers." Those were not included in this edition.

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Copyright 2001 TNGenNet Inc., a nonprofit public benefit corporation (transcription gifted to TNGenNet, Inc. Feb 2001 by Mrs. Sarah Smith; edited and formatted by C. Hammmett, who likewise gifted same)

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