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SoutheastTreaty

Treaty of Dancing Rabbit Creek with the Choctaw, 1830

At Dancing Rabbit Creek in 1830 the Choctaw ceded all their land east of the Mississippi, the first treaty after the Indian Removal Act.

Signed
September 27, 1830
Senate
Ratified February 24, 1831
Land given up
about 11 million acres
Promises
1 of 1 broken or only partly kept
The land in this treaty’s record. Open on the map

What happened

What happened

On September 27, 1830, commissioners John H. Eaton and John Coffee signed a treaty at Dancing Rabbit Creek for the United States with the Choctaw Nation. The preamble says the General Assembly of Mississippi had extended the state's laws over Choctaw land. It says the President of the United States "has said that he cannot protect the Choctaw people from the operation of these laws," and the Choctaw "have determined to sell their lands east of the Mississippi."

In Article 3 the Choctaw ceded "the entire country they own and possess, east of the Mississippi River." They agreed to move west in three groups over the falls of 1831, 1832 and 1833. The United States promised a tract west of the river, near Fort Smith, "in fee simple." It also promised $20,000 a year for twenty years after their removal.

The Encyclopedia of Alabama calls this the first treaty after the Indian Removal Act of 1830 and says the cession was "more than 10 million acres." It says the chiefs twice rejected the terms, and Eaton and Coffee then met secretly with selected chiefs. Article 14 let a head of family who wished to become a citizen claim a section of 640 acres. The Encyclopedia says land agents "failed to record the vast majority of Choctaw claims" before the deadline.

It says about 13,000 Choctaws went west over the next few years, with great hardship, and about 6,000 never left or returned to Mississippi and Alabama.

What was promised, and what happened

  • Broken

    Heads of families who stayed could claim a 640-acre section and become state citizens. (Art. 14)

    failed to record the vast majority of Choctaw claims before the three-year deadline passed encyclopediaofalabama.org

Good to know. The Encyclopedia of Alabama puts the cession at more than 10 million acres and dates Senate ratification to February 25, 1831; the statute lists a proclamation on February 24, 1831.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. the President of the United States has said that he cannot protect the Choctaw people from the operation of these lawsTribal Treaties Database (OSU)
  2. Twice, the chiefs rejected the termsTreaty of Dancing Rabbit Creek (1830), Encyclopedia of Alabama
  3. Approximately 6,000 Choctaws never left or returned to Mississippi and Alabama to eke out an existence.Treaty of Dancing Rabbit Creek (1830), Encyclopedia of Alabama

Research notes. The treaty text gives no acreage; the Encyclopedia of Alabama says more than 10 million acres. The Encyclopedia gives Senate ratification as February 25, 1831; the statute lists a proclamation on February 24, 1831.

What the treaty did to the land

About 11 million acres given up. Each shape is a numbered area in the federal government’s 1899 record of land cessions.

What happened next

Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.

  1. 1805

    Land kept

    Land set aside as a reservation for the Choctaw

    By Choctaw at Mt. Dexter in Pooshapukanuk, Choctaw Country (1805)

    area 157

  2. 1830

    Law

    Indian Removal Act

    The Indian Removal Act of 1830 let the President swap eastern tribal lands for districts west of the Mississippi River.

  3. 1830

    This treaty

    About 11 million acres ceded to the United States by the Choctaw

    At Dancing Rabbit Creek in 1830 the Choctaw ceded all their land east of the Mississippi, the first treaty after the Indian Removal Act.

  4. 1831

    This treaty

    Ratified by the Senate

  5. 1831

    Promise broken

    Dancing Rabbit Creek 1830: first removal treaty under the Indian Removal Act

    In the 1830 Dancing Rabbit Creek treaty the Choctaw ceded Mississippi, after the President said he could not stop state laws.

  6. 1886

    In court

    Choctaw Nation v. United States

    The Court awarded the Choctaw Nation payment for lands ceded in the 1830 treaty, using the Senate's award as its guide.

The law behind it

The legal ideas behind the decisions, and related records without a date. Court cases and laws with a date are in what happened next, above.

  • Legal doctrine

    canons of construction

    Courts read ambiguous treaties in favor of tribes and as the Indians would have understood them, rules the Supreme Court has repeated for more than a century.

  • Legal doctrine

    claims

    The 1946 Indian Claims Commission let tribes press land and treaty claims against the United States for money, as in the Sioux case.

Who is doing the work today

The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.

Who is doing the work

This history belongs to living nations. Start with them:

Native legal and land defense, nationally

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Sources

Sources

  1. digitreaties.org/treaties/treaty/176532909reference work
Research notes

OSU TTD notes one paragraph was not ratified. Wikipedia gives ~15 million acres received in Indian Territory. Date conflict between proclamation and Senate consent sources. The supplementary-articles cite 7 Stat. 340 is (V2: govinfo page 340 not found). Ratification detail: 1831-02-24 (proclaimed); Senate consent date 1831-02-25 per Wikipedia (conflict)

Shapes are approximate and are not legal descriptions of land, title or jurisdiction.