1830 Treaty of Dancing Rabbit Creek The Treaty of Dancing Rabbit Creek Treaty With The Choctaw, 1830

September 27, 1830 7 Stat., 333. Proclamation, Feb. 24, 1831. A treaty of perpetual friendship, cession and limits, entered into by John H. Eaton and John Coffee for and in behalf of the Government of the United States, and the Mingoes, Chiefs, Captains, and Warriors of the Choctaw Nation, begun and held at Dancing Rabbit Creek on the 15th of September in the year 1830. Preamble Whereas the General Assembly of the State Mississippi has extended the laws of said state to persons and property within the charged limits of the same, and the President of the United States has said that they cannot protect the Choctaw people from the operation of those laws. Now, therefore, that the Choctaws may live under their own laws in peace with the United States, and the State of Mississippi, and have, accordingly agreed to the following articles of treaty: Peace and friendship. ARTICLE I. Perpetual peace and friendship is pledged and agreed upon, by and between the United States, and the Mingoes, Chiefs and Warriors of the Choctaw Nation of Red People, and that this may be considered the treaty existing and inconsistent with provisions of this are hereby declared null and void. Country to be conveyed to Choctaws. ARTICLE II. The United States, under a grant specially to be made by the President of the United States, shall cause to be conveyed to the Choctaw Nation, a tract of country West of the Mississippi River in fee simple, to them and their descendants, to insure to them while they shall exist as a Nation, and live on it, beginning near Fort Smith, where the Arkansas boundary crosses the Arkansas river running thence to the source of the Canadian fork; if in the limits of the united States, or to those limits; thence due south to Red River, and down Red River to the West boundary of the same to be agreeable to the treaty made and concluded at Washington City in the year 1825. The grant to be executed, so soon as the present treaty shall be ratified. ARTICLE III. In consideration of the provisions contained in the several articles of this Treaty, the Choctaw Nation of Indians consent and hereby cede to the United States, the entire country they own and possess, east of the Mississippi River; and they agree to move beyond the Mississippi River, early as practicable, and will so arrange their removal, that as many as possible of their people not exceeding one half of the whole number, shall depart during the fall of 1831 and 1832; the residue to follow during the succeeding fall of 1833; a better opportunity in this manner will be afforded the Government, to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes. Country ceded to United States Self-government secured to Choctaws. ARTICLE IV.

The government and people of the United States are hereby obliged to secure to the said Choctaw Nation of Red People and their descendants: and that no part of the land granted them shall ever be embraced in any territory or state, but the United States shall forever secure said Choctaw Nation from and against all laws, except such as from time to time, may be enacted in their own national councils, not inconsistent with the constitution, treaties and laws of the United States; and except such as may and which have been enacted by Congress to the extent that Congress under the constitution are required to exercise a legislation over Indian affairs. But the Choctaws, should this treaty be ratified, express a wish that Congress may grant to the Choctaws the right of punishing by their own laws, any white man who shall come into their Nation, and infringe any of their National regulations. United states to protect Choctaws, etc. @ This paragraph was not ratified. ARTICLE V. The United States are obliged to protect the Choctaws from domestic strife, and from foreign enemies, on the same principles that citizens of the United States are protected; so that whatever would be a legal demand upon the United States for defense or for wrongs committed by an enemy of a citizen of the United States, shall be equally binding in favor of the Choctaws and in all cases where the Choctaws shall be called upon, by a legally authorized officer of the United States, to fight an enemy, such Choctaw shall receive the pay and other benefits, which citizens of the United States receive in such cases: provided, no war shall be undertaken or prosecuted by said Choctaw Nation, but by declaration made in full council, and to be approved by the United States, unless it be in self defense against an open rebellion, or against an enemy marching into their country; in which cases they shall defend until the United States are advised thereof. Offences against citizens of the United States, etc. ARTICLE VI. Should a Choctaw, or any party of Choctaws, commit acts of violence upon the person or property of a citizen of the United States or join any war party against any neighboring tribe of Indians, without the authority in the preceding article and except to oppose an actual or threatened invasion, or rebellion, such person so offending shall be delivered up to an officer of the United States; but if such offender is not within the control of the Choctaw Nation, then said Choctaw Nation shall not be held responsible for the injury done by said offender. Offences against citizens Of United States, etc. ARTICLE VII. All acts of violence committed upon persons and property of the people of the Choctaw Nation, either by citizens of the United States, or neighboring tribes of Red People, shall be referred to some authorized agent by him to be referred to the President of the United States, who shall examine into such cases, and see that every possible degree of justice is done to said Indian party of the Choctaw Nation. Delivery of Offenders.