Trail of Tears Archive

This lot is closed for bidding. Bidding ended on 8/31/2004

A fascinating and important group of four documents, written in Mississippi between 1847 and 1848, in which the family of John McGilvey, a Choctaw Indian, demands to receive the parcel of land promised to them in the treaty of Dancing Rabbit Creek of 1830. The Choctaw tribe was one of what became known as "The Five Civilized Tribes" along with those of the Cherokees, Chickasaws and Seminoles. In 1830, President Jackson signed the Indian Removal Act, requiring the transfer of all Indian tribes to lands West of the Mississippi. The vast majority were forced to take the legendary "Trail of Tears" to reservations in the West but as these documents illustrate, a few remained and sought to dispute their treatment in an open court of law. The first document is a complaint filed in court in Mississippi on January 11, 1847 by the Indian's legal counsel, and states their case as follows:"...on the 27th of September, 1830...a treaty was made between the United States of America & the Choctaw tribe of the Indians, called the Treaty of Dancing Rabbit Creek...said John Mcgilvey was a Choctaw Indian...as the head of a Choctaw family was entitled to...land in said state by virtue of said 14th article of said treaty...on the first of June 1839, a patent offered from the United States to the said John McGilery for one section of land to which he had title under said treaty..."The land promised to the Indians was occupied by two white men named Buck and Dent, who evidently refused to return the title on the grounds that the Indians had not properly registered their claim, and that they properly purchased the land through the auspices of a land agent. The other three documents in the group consist of the questions asked of one Jesse Ivy, a witness for the Indians, Mr. Ivy's answers to these questions, and the cross examination by the defense. From the tone of the inquiries of the defense, it seems that they were taking the typical angle of stating that the Indian's land claim was improperly reregistered. While the outcome of this particular case is unknown, enough of the Choctaws survived to have a small reservation established in Mississippi, which remains to this day. Overall very good condition.

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