Indian Removal

1. Indian Removal Kathryn H. Braund Auburn University

2. Jackson’s Message on Indian Removal • Indians able to “pursue happiness in their own way” • characterized as “fair exchange” • will “save” the Indians • to go to a new land to better oneself is a normal event

3. Jackson’s Message on Indian Removal • end federal-state conflict • open up large tracts of land for “civilized population” • national security • protect Indians from “power of the states”

4. Indian Removal Act,1830 • Pres. to set aside Indian territory on public lands west of Miss. R. • Exchange districts there for land occupied by Indians in the east • Grant tribes absolute ownership to new land “forever” • treat with tribes for rearrangement of boundaries to effect removal

5. Indian Removal Act, 1830 • Property left behind by emigrating Indians to be appraised and compensation paid • grant emigrants “aid and assistance” on journey and first year in new country • protect emigrants from hostile western Indians and other intruders • continue power exercised over tribes by Trade and Intercourse Acts

6. Southeastern Removal Treaties (Civilized Tribes) • 1830: Removal Act • 1830: Treaty of Dancing Rabbit Creek (Choctaw) • 1832: Treaty of Pontotoc (Chickasaw) • 1832: Treaty of Payne’s Landing (Seminole) • 1832: Treaty of Washington (Creek) • 1835: Treaty of New Echota (Cherokee)

7. Removal Treaties • U.S. employed questionable methods • bribes • negotiated w/ non-authorized chiefs • Coercion • In theory voluntary; reality very different.

8. Background (1829-1832) • states extends jurisdiction over Choctaw • destroy tribal sovereignty • ban assemblies • no right to vote, testify in court • squatters on Ind. land not prosecuted • Indians can’t mine gold (Georgia) • No hunting, fishing, or trapping (Alabama)

9. Treaty of Dancing Rabbit Creek, 1830 • First “land exchange” treaty under the Removal Act • U. S. Commissioners bribe chiefs with money and private reservations • Choctaw cede all land e. of Miss. R. (14 million acres) for 15 million in Ind. Terr.

10. Choctaw Emigration • Head west in fall 1830 • no guides or support--very bad experience • freezing rain • disease • some flee to swamps to avoid removal • 25% of tribe dies during process • Miss. “reservations” not upheld • Fed. gov’t drafts regulations for both military and private contractors

11. Chickasaw Indians • 1832: Removal Treaty • sell their land for cash • to use proceeds to buy land in Ind. Terr. from Choctaws • Choctaws not happy to have to give up some of their territory • Purchase not worked out until 1836-37 • Easier emigration due to regulations

12. Alabama and the Creeks • Alabama expands jurisdiction over Creek Nation (1832) • Intruders pour into Creek lands--not prosecuted • 1832: Creeks cede territory east of Miss. R.

13. Creek Treaty of 1832 • Each Creek free to emigrate or not, as they see fit • Allotments • Each head of family allowed 320 acres of private reserve • Chiefs get 640 acres (1 sq. mile) • 6,557 family heads = 2,187,200 acres or half the land owned by the tribe

14. Allotments under 1832 TreatyContinued… • free to sell or stay • if stay 5 years, deed to be given • gov’t to keep out intruders for 5 years • gov’t to pay cost of emigration and support emigrants for 1 year in the west, also give rifle and ammo. and 1 blanket to each family • feds. agree to pay Creek Nat’l debt up to $100,000

15. Treaty of 1832 Recap • All Creek land divided into allotments to be divided to heads of families • Heads of families can sell or stay • If sell and go west: gov’t support in the west • overall-one of the most advantageous treaties for an Indian tribe

16. Allotments = Problems • Fraud and Coercion • By 1834: est. 10,000 illegal settlers on Creek lands • Feds. do attempt to drive off intruders as required by treaty • Result: federal-state conflict

17. Federal - State Conflict • Hardiman Owen - assaults Indians • Owen attempts to kill marshal sent to arrest him and is killed by soldier • Ala. grand jury indicts soldier for murder • Francis Scott Key • U. S. won’t enforce treaty promises if state drops charges and tries to halt speculation

18. Frauds • Reserves: 6,557 heads of family • to sell: appear before agent w/witness, ID yourself, describe property & receive pmt. • speculators: hire imposters to “sell” land and real owners then driven off property • Scandal: of national proportions launches federal investigation • 1836: 2nd Creek War

19. Second Creek War (1836) • Murders and depredations by Creeks around Columbus and Tuskegee • Result: Indians at war • federal fraud investigation halted • General Thomas S. Jesup ordered to subdue Creeks and remove them by force if necessary

20. Creek “emigration” • First Group • 800 “hostile” warriors put in manacles and chains • rest marched to Montgomery and put on boats • 3000 left - 2400 reach Fort Gibson • Rest shipped out 1836-1837 under military escort via various land and water routes • Various disasters: winter travel, disease, explosion of steamboats

22. Creek “Loyalty” • Peace chiefs: ask for annuity pmts. to help offset expense of emigration - refused • Feds. demand that Creek warriors assist in fight against Seminole to receive annuity and/or be allowed to retain allotments • Menawa

23. Seminole • Btn. 1836 - 1843: approx. 4000 sent west • Some Seminoles: captured and some surrender and some fight on and avoid removal

24. The Cherokees

25. Worcester v. Georgia • A victory? • Divisions • Advocates of removal (Treaty Party) Major Ridge, John Ridge, Elias Boudinot • Removal opponents incl. most Cherokees, led by Chief John Ross

26. Treaty of New Echota (1835) • Ceded all Cherokee land east of the Mississippi for $5 million • Cherokee have two years to sell improvements and move • Pay relocation and one-year’s subsistence expenses • Citizenship/land for those adverse

27. Cherokee Opposition • Chief John Ross wages public relations and legal campaign against treaty • U.S. Senate ratifies treaty 1836

28. Forced Removal • U.S. Army sent to round up and deport all Cherokee people when treaty deadline arrives • Military posts/camps established • Most walk • Land and water routes

29. Cherokee Land Cessions

30. Cherokee Removal Routes

31. Those Who Remain • Some flee to inaccessible places • Choctaw - Philadelphia • Cherokee - Eastern Band - Smoky Mts. • Poarch Creeks • Seminole • Some become “white people” • Weatherford and family • Some: “slaves”

32. Emigration: A Brutal Experience • Choctaw: unprepared and under funded • Creeks (war in 1836) • Cherokee: Trail of Tears • Seminole: fight

33. Removal-Discussion Questions • Were the assumptions about Indians valid? • Was removal “ethnic cleansing”? • Was it constitutional? • Was it in the best American tradition? • What were the other options?

34. Removal-Discussion Questions • Indians divided over the proper course. Put yourself in their shoes. What do you believe was the best option for Indians in the 1830s?

35. Removal-Discussion Questions • Wallace: “The U.S. acquired millions of acres of fertile Southern land, which it sold at little or no profit to speculators and settlers, thereby in effect subsidizing the expansion of the cotton industry and the slave system along with it.” Do you agree?

36. Web Resources • Choctaw Removal • Chickasaw Removal • Creek Removal • Cherokee Removal • Encyclopedia of Alabama • New Georgia Encyclopedia • Andrew Jackson (PBS/KCET)