James McDonald (lawyer) facts for kids

James Lawrence McDonald (around 1801 — September 1831) was a member of the Choctaw American Indian tribe. He was the first Native leader of his time to be trained in the American legal system. This makes him known as the first Native American lawyer.

McDonald was also the first Native activist to speak up for Indian rights directly to American political leaders. He negotiated for these rights in formal agreements. He did not believe in using force to stop American expansion. Instead, he thought that talking things out between Native American leaders and the United States would work better. This approach aimed to protect Native communities and help them survive for a long time.

McDonald asked the U.S. Congress to protect Native American rights. His efforts helped delay the removal of his tribe from their traditional lands. As an advisor to Choctaw chiefs and later as the tribe's lawyer, McDonald successfully negotiated peace treaties with the United States government. These talks led to fair payments for land that had been sold for too little money in earlier agreements. He also supported programs for Indian education and wrote on behalf of elected tribal governments. McDonald's work as a lawyer and activist opened a new way for future Native American leaders. They could now defend their land rights using the American legal system. His career started a new way of dealing with federal power. It also inspired other tribal leaders across the continent to become politically active.

Early Life and Education

James McDonald was born in his tribe's homeland in 1801. This area is now part of Mississippi. His father was European, and his mother, Molly McDonald, was a Choctaw landowner and trader. James could speak both his tribe's language and English. Even though he had mixed heritage, he was considered a full member of the Choctaw tribe.

After the American Revolution, it was common for Native Americans to send their children to live with white families. Many Native American communities saw this as a good way for their children to learn white customs and practices. They hoped these children would use this knowledge to help their people later. In 1811, Molly McDonald sent her eleven-year-old son to live with Silas Dinsmoor. Silas was a U.S. government official who worked between the Choctaw Nation and the federal government.

At first, many white people thought that Native Americans could not be educated. This was because many students went home and stopped their studies. But after living with Silas for two years and attending school, McDonald became a great example of an educated Native American. James L. McDonald caught the attention of important people like Thomas L. McKenney. McKenney was the U.S. superintendent of Indian Trade. To continue his education, James was sent to Baltimore, Maryland. There, the Yearly Meeting of Friends helped with his upbringing. McKenney used McDonald's success to argue that educating Native Americans would help them fit into American society faster.

When McDonald finished school in 1818, McKenney offered him a job at the Office of Indian Trade. They became friends, and McKenney treated James like a son. McDonald continued to take classes and worked at a local store. In 1819, he wrote that he had spent 20 months learning business. He also studied surveying, natural philosophy, Latin, mechanics, and astronomy. McDonald kept learning about business, culture, and money. He always impressed his bosses with his hard work and skills. In 1819, McKenney wrote to Secretary of War, John C. Calhoun, about McDonald's progress. He encouraged McDonald to go to law school.

However, McDonald wrote back that he did not want to go to law school. He wanted to return to his home in the Choctaw Nation and farm for the government. He also said he missed being raised on a farm. But he also wrote that he wanted to "distinguish himself" and be useful. He wanted to show that educated Indian youth would not "relapse into Savagism."

Legal Career and Activism

After much encouragement, McKenney enrolled McDonald in a Georgetown academy to study law. McDonald finished his legal training in Ohio in 1823. But he could not find a job at a law firm. So, he returned to Mississippi. At this time, there were growing conflicts between the southern states and local Native tribes.

Doak's Stand Treaty of 1820

The Treaty of Doak's Stand was signed in 1820. In this treaty, the Choctaws gave up about six million acres of land in their territory. In return, they received about thirteen million acres in Arkansas Territory. The government also promised to use money from selling the Mississippi lands to build schools for Choctaw youth. This treaty aimed to "promote the civilization of the Choctaw Indians."

However, the government did not sell the lands to fund the schools as promised. This disappointed the tribe. It became clear that American leaders were not always respecting treaties made with Native tribes. Native Americans then had to rely on lawyers to make sure American officials were not breaking treaty agreements.

Protecting Property Rights

McDonald used his law education to defend his mother's property rights. His mother had bought a slave on credit and still owed some money. When collectors came for the money too soon, she could not pay. As a result, her "property" was taken. She told her son, who then contacted Secretary Calhoun. Months later, she received payment for the slave. This experience showed McDonald how important his role could be in Indian affairs. He decided to use his government-funded education to help the Choctaw people survive in the East.

Choctaw Delegation, 1824

In November 1824, McDonald wrote to Calhoun about the Choctaw's views on giving up land and needing federal protection. He explained that tribal leaders knew their lands had rich soil and good hunting. Some Choctaws had moved to western Arkansas, but most did not want to move. They heard the new land was poor or that white settlers were already living there. The federal government needed to change the boundaries of the Doak's Stand Treaty to please white settlers.

John Calhoun was running for president and hoped that getting land for Mississippi would help him politically. Choctaw leaders, Pushmataha and Mushulatubbee, owed money to Choctaw warriors for their service in 1814. They were willing to give up some land to pay this debt. Calhoun agreed to meet with Choctaw leaders in Washington to negotiate a treaty. James L. McDonald was part of this process, serving as both an interpreter and a legal helper.

During the first talks, Choctaw delegates agreed to give up some land. This would move the eastern border of Arkansas to the Red River. But they added a condition: white settlers in their territory must either move or be moved by the government. They rejected Calhoun's offer of $65,000 in yearly payments. Instead, they asked for $30,000 in gifts, $9,000 yearly for 20 years for trade schools, and the same amount for educating Choctaw children in colleges outside their nation. They also asked for $3,000 yearly for 20 years for education for Western Choctaws. President Monroe found the Choctaw's proposal "wholly unacceptable."

Neither side was happy with the offers, and talks stopped. During this time, Pushmataha died. Other Choctaw leaders also died on the way to Washington. This left the negotiations to mixed-blood Indians: David Folsom, Robert Cole, and James L. McDonald. They believed that education would help the next generation of Choctaws succeed in American society. They fought for guaranteed borders and education. They won important benefits for the Choctaw community.

President Monroe raised the U.S. government's offer to $90,000 in yearly payments over ten years. The delegation also demanded payment for claims from the Doak's Stand Treaty and $6,000 a year forever. President Monroe agreed to these terms and to honor the funding for Choctaw schools from the 1820 treaty. The treaty was signed on January 22, 1825. The Choctaw also started getting their yearly payments in cash instead of goods, which helped them join the cash economy.

Declaration to Congress, 1825

In early 1825, McDonald led the Choctaw delegation. He wrote an open letter to Congress and was one of its seven signers. In this letter, McDonald recognized the growing power of the United States. He admitted that "the time must come" when Indians would "become like white men." But he also said the tribe was "not doomed to extinction." He wrote that even if Indians became more like white men, they would still be American Indians.

He also argued that the federal government had a duty to protect tribal rights. This duty was based on America's founding ideas of liberty and equality. He believed that the nation's strong commitment to these ideas would protect the Choctaws' rights. He felt that race should not matter in relations between Native American tribes and the United States. Instead, American law should be the guide.

Treaty of Dancing Rabbit Creek, 1830

The Treaty of Dancing Rabbit Creek was the first of several treaties that would lead to the Indian Removal Act. McDonald was present for the final talks and signed the agreement. During these negotiations, McDonald reported that the Secretary of War, John Eaton, and other federal representatives first accepted his group's proposal. But then, they suddenly replaced it with a new government draft in a final meeting. They demanded that the tribal leaders accept it. McDonald later said he regretted his part in this treaty.

Death

McDonald died in September or early October 1831. He was reported to have drowned in the Pearl River, near his mother's home near Jackson. He was about 30 or 31 years old.