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
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.
the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws
Tribal Treaties Database (OSU)Twice, the chiefs rejected the terms
Treaty of Dancing Rabbit Creek (1830), Encyclopedia of AlabamaApproximately 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.
ceded to the United Statesabout 11 million acres
Land of the Choctaw in Alabama and Mississippi, ceded 1830 (area 156)
Ceded by the Choctaw in the 1830 Treaty of Dancing Rabbit Creek, giving up all their land east of the Mississippi, in Alabama and Mississippi.
ceded to the United States
Land of the Choctaw in Alabama, ceded 1830 (area 157)
Kept by the Choctaw as a 2-mile-square tract at Fuketcheepoonta in the November 1805 Mount Dexter treaty, then included in their 1830 Dancing Rabbit Creek cession.
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.
- 1805
Land kept
Land set aside as a reservation for the Choctaw
By Choctaw at Mt. Dexter in Pooshapukanuk, Choctaw Country (1805)
- 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.
- 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.
- 1831
This treaty
Ratified by the Senate
- 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.
- 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
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Sources
Sources
- 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.