James McDonald (lawyer)

James McDonald (c. 1801 — September 1831), a Choctaw, was the first Native American who professionally studied law. Rather than fighting physically against the displacement of Natives and expansion of white settlement, McDonald believed that political negotiations between Native American leaders and the United States would be more effective and allow for the long-term survival of Native American communities.[1] While urging Congress to protect the rights of Native Americans, he also promoted programs of Indian education and wrote on behalf of the elected tribal governments. Even though his work did not prevent his community from being displaced and sent westward, McDonald's work as a lawyer and his political involvement paved a new path in which future Native American leaders can defend the rights and place of tribes.[2]

McDonald was a Native leader that fought against the expansion of white settlement through political involvement and debate, and he did not believe in the use of force when fighting west expansion. He instead aimed to create political agreements and treaties with the federal government in order to protect the tribes and their lands. McDonald studied the American legal system and became the first Native American lawyer. He was an advisor to many Choctaw chiefs when they would negotiate with American leaders in Washington D.C.[1] Since he was continuously involved in Washington D.C., he was able to speak to American leaders about the rights and concerns of Native American tribes face to face. McDonald was also a strong supporter of tribal rights and tribal presence within United States borders. When the United States pushed and urged the Choctaws west for white expansion, McDonald and other leaders attempted to deal with this through legal and political action. During the 1820s, tribes recognized the importance of having an advocate who would fight for their rights as a tribe and as a people through legal means.[3] James McDonald officially became the Choctaw's lawyer in 1824.[4] His political activism inspired others Natives from different tribes to also be politically active and fight for the rights of tribes through lobbying.

Early life

James McDonald was born in his tribe’s homeland in 1801, which is in present-day Mississippi. He had a European father and a Native American mother, who was a Choctaw landowner and a trader.[5] While McDonald was of mixed heritage, he was still considered to be a natural born member of the Choctaw tribe.[6] His mother had enrolled him into a boarding school, and so he attended a mission school run by Quakers. McDonald was bilingual since he was able to speak both his tribe’s language and English. He was also sent to Baltimore, Maryland in 1813 when he was only twelve years old, and during his time away at school, McDonald became educated in classics and eventually studied law with John McLean.[5] After living in Baltimore, Maryland for a few years, he then moved to Washington D.C. in the spring of 1818.[7] Peter Pitchlynn was a childhood friend of McDonald and had written letters to him whenever he was politically active. Pichlynn was a prominent planter and a tribal leader during the end of the civil war.[1]

Education

While many believed that Native Americans could not be educated, McDonald was recognized as an educated Indian and proved those critics wrong. He worked for Thomas L. McKenney in Washington D.C. McKenney was urged Congress to create a "civilization" fund for Native Americans, which would be used for their education and farming. McDonald was seen to be a prime example of an educated Native American since there were people who did not believe that Natives could even be educated to begin with. McKenney argued that providing education for Native Americans would allow them to assimilate faster into the American mainstream.[7] While working in Washington D.C., McDonald was constantly impressing his superiors with his hard work, his dedication, and his skill, and so McKenney enrolled McDonald into a Georgetown academy where McDonald could further his education.[8][9] Afterwards, McDonald went on to become a lawyer and received subsidies from The Office of Indian Trade in order to do so.[9] McDonald completed his legal training in Ohio in 1823, but was unable to obtain a job at a law firm. Due to these circumstances, he decided to move back down south and settle in Mississippi.[10] During this time, there was a growing increase of confrontation between the southern states and the local Native tribes.[11] After the Treaty of Doak's Stand, it was revealed that American leaders no longer respected the treaties made between the United States and the Native tribes. Native Americans then had to depend on lawyers to make sure that American officials were not violating treaty agreements and their duties.[12] He assisted the Choctaw chief, Pushmataha, in defending tribal lands and tribal rights as both a lawyer and an interpreter.

Career

McDonald was involved with the 1824 negotiations in Washington D.C. by drafting communications, sending reports, and framed issues in legal terms. During these meetings, the Choctaw delegation addressed their concerns about increased white settlement on their Arkansas lands and possible compensation.[13] Much of the payment given to the Choctaws would be utilized as educational funding. The Choctaws, along with James McDonald, were successful in protecting their Mississippi homeland, while also gaining compensation for their lost Arkansas lands.[14]

McDonald led the Choctaw delegation in crafting an open letter to Congress in the beginning of 1825. He was one of seven signers of the Choctaw declaration and was the one who had written it.[15] McDonald argued that it was America's duty to protect and respect the tribe, and he believed that America shared values with the Choctaws.

McDonald published the Choctaw memorial, which stated that while they were becoming like white men, they would not seize being American Indians.[16] The Choctaws recognized that they were in a weakened position while the white men were in a stronger position, however they were still progressing through education.[15] The Choctaw memorial also established the argument that Natives and white American shared similar political values and ideologies of liberty, equality, etc.[16]

He aimed to secure the subsidies for education that the American government promised them in a treaty; McDonald wanted the white man to recognize that Choctaw Indians indeed have the ability and will to be "civilized" through education.[17] He was critical of the Choctaw academy and did not want to funnel education through missionary organizations.

McDonald argued that the Choctaws needed a united leadership in order be recognized and respected as a group of people by the American government. He believed that the tribe was vulnerable without a unified government.[18] McDonald worked with David Folsom, Tapenahomah, and LeFlore in order to establish a new political system and constitution in 1826.[19] He was involved in the making of the Dancing Rabbit Creek treaty.[20] He also argued that tribal rights should be recognized and respected in American courts.[21]

Death

In September 1831, James McDonald committed suicide and died at the age of 30.[22] While he died a tragic death, his involvement in lobbying, treaties, and legal action were an inspiration to the next generation of Native Americans, who also continued the fight for Native tribe rights, recognition, and protection.

References

  1. 1 2 3 Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 50. ISBN 9780143124023.
  2. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 96. ISBN 9780143124023.
  3. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 51. ISBN 9780143124023.
  4. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 52. ISBN 9780143124023.
  5. 1 2 Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 49. ISBN 9780143124023.
  6. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 64. ISBN 9780143124023.
  7. 1 2 Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 60. ISBN 9780143124023.
  8. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 61. ISBN 9780143124023.
  9. 1 2 Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 62. ISBN 9780143124023.
  10. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 63. ISBN 9780143124023.
  11. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 71. ISBN 9780143124023.
  12. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 69. ISBN 9780143124023.
  13. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 72. ISBN 9780143124023.
  14. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 75. ISBN 9780143124023.
  15. 1 2 Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 76. ISBN 9780143124023.
  16. 1 2 Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 77. ISBN 9780143124023.
  17. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin. p. 79. ISBN 9780143124023.
  18. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 81. ISBN 9780143124023.
  19. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 82. ISBN 9780143124023.
  20. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 95. ISBN 9780143124023.
  21. ↑ Hoxie, Frederick E. (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 91. ISBN 9780143124023.
  22. ↑ Hoxie, Frederick (2013). This Indian country: American Indian activists and the place they made. New York: Penguin Books. p. 94. ISBN 9780143124023.
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