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From:
Subject: [DNA] mixed Creek
Date: Sun, 29 Jun 2003 19:49:18 EDT


How about this 'mestizo'?'

Message Board URL:

http://boards.ancestry.com/mbexec/msg/an/HU.2ADI/1219

Message Board Post:

23 Congress, 1st Session.
On Confirming a Sale Made Of An Indian Reservation In Alabama.

Communicated To The House Of Representatives February 28, 1832.

Mr. Mardis, from the Committee on Private Land Claims, to whom referred the
petition of James Caulfield, reported:

That on the 20th of April, 1818, an act of Congress of the United States was
approved by the President, granting to Peggy Bailey, sister of Dixon Bailey, a
Creek Indian of
the halfblood, who was slain in the service of the United States at the
capture of Fort Mims, the right to enter with the register of the land office,
without payment, three hundred and twenty acres of land, so as to include the
settlement and improvement of the said Dixon Bailey in the Alabama territory. That
Peggy Bailey continued in the actual or constructive possession of said tract
of land until the 23d of September, 1828, when the said Peggy Bailey, having
determined to migrate to the country west of the Mississippi, did, in
conjunction  with one Richard Robison, who married the said Peggy Bailey, the only
other person interested in said tract of land, through their attorney in fact,
Benjamin Hawkins, duly authorized, for and in consideration of the sum of one
thousand dollars, sell and convey to the petitioner the said three hundred acres
of land. By the laws regulating Indian reservations the petitioner was
informed at the proper land office that said land was forfeited to the United States
so soon as the said Peggy Bailey abandoned the possession, of which law the
petitioner swears he was ignorant at the time of the purchase, and the
committee  believe such to be the fact from the adequate consideration given by the
petitioner for said land. At the ensuing session of Congress a law was passed
authorizing friendly Indians holding reservation to sell the same in simple fee
upon condition of their removal west of the Mississippi. Peggy Bailey having
removed west of the Mississippi, and the petitioner having paid her, in the
estimation of the committee, an adequate price for said land, it is believed by
said committee that the petitioner comes under the equity of the law now in
force as regards all other Indian reservations, and have therefore reported a
bill authorizing  the petitioner to enter said land at government price. 

[Source: American State Papers; 23 Congress, 1st Session]

Grant Johnston

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