Topic > Land Ownership in the 19th Century United States: Choctaw Scrip

Land ownership was the desire of many individuals moving west across the United States in the nineteenth century. A person who obtained initial title to a parcel of land in public domain states, such as Arkansas, was issued a patent, which is a deed that transfers ownership of the land from the U.S. government to a buyer. Patents were obtained by various methods. Perhaps the least understood method was the use of Choctaw Scrip certificates to obtain a patent. Descendants of the original Arkansas landowners who found Choctaw names on their patents often believed that their ancestors had purchased the land directly from the Choctaws or were, in fact, Choctaws themselves. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay The origins of Choctaw Scrip date back to the U.S. government's plan to relocate all of the major Native American tribes of the Southeast west of the Mississippi River in order to open up more land for white settlement. Although there had been talk before 1830 of solving the so-called Indian problem by moving Indians west of the Mississippi, the Indian Removal Act of May 28, 1830, was the first act of Congress that allowed the government to negotiate with tribes to exchange land in the East of the Mississippi River for land west of the Mississippi. The first removal treaty made with a tribe under the Indian Removal Act was the Treaty of Dancing Rabbit Creek, signed on September 27, 1830, with the Choctaw Tribe of Mississippi. This treaty exchanged Choctaw land east of the Mississippi River for fee land, which gives the owner complete ownership, without any limitations or conditions, of the land west of the Arkansas Territory. The Choctaw, for the most part, were not in favor of a treaty and many of them had abandoned the treaty grounds before the treaty was signed. One of the ways the government convinced the remaining Choctaws to sign was to include a provision in the treaty that allowed those who wanted to remain in Mississippi to do so. The United States Congress ratified the treaty on February 25, 1831. Article 14 of the Treaty of Dancing Rabbit Creek stated: "Every head of a Choctaw family desiring to remain and become a citizen of the United States, shall be authorized to do so, by manifesting his intention to the warrantee within six months of the ratification of this treaty.” Further provisions stated that each head of the family would receive 640 acres to include the land containing his improvements. Each child over the age of ten years living with the family would receive 320 acres under ten would receive 160 acres. After living on the land for five years after ratification of the treaty, the Choctaws would receive a paid grant. In 1836, once the requirements of five years of occupation were met, the Choctaws remained in Mississippi they felt eligible for The land promised by Article 14 of the treaty expected to obtain a paid patent and, for the most part, were determined to remain on this land. Some of the land, however, had been sold in 1836 and the Choctaws still lived on it. Problems developed when the expectations of Mississippians conflicted with those of the Choctaws. Mississippians thought the Choctaws would get their patents, sell the land, and move west at that time. More problems arose when it was discovered that many Choctaws who had attempted to register with the Mississippi Choctaw agent, William Ward, by the deadline did nothad been registered. recorded in his book. Ward admitted that he discouraged Choctaws from enlisting because he thought the government wanted all Choctaws removed. Others testified that Ward was often drunk during this time period and refused to enlist some Choctaw who came to him. Additionally, a page of the log was missing. The remaining Choctaws in Mississippi who had remained five years on the land wanted their patents. A commission was appointed to try to resolve the difficulties. In 1842, an act passed by the United States Congress provided that Choctaws who complied with the provisions of Article 14 would be issued patents for their land and, in cases where the government sold their land under them, they would scrip certificates have been issued. The fund would amount to 640 acres for each head of household, 320 acres of land for each child over ten years of age, and 160 acres for each child under ten years of age. Children were required to live with the head of the family in 1831 and the age was determined from 1831. Between 1842 and 1845 other laws were passed and additional commissions were appointed to deal with the provisions of Article 14 and resolve problems. Most white Mississippians wanted the Choctaws removed to the West, so by various acts of Congress it was established that voucher certificates would be issued for half the number of acres due to each Choctaw when the Choctaws left Mississippi for the Indian Territory (present-day Oklahoma) and the other half would be donated upon their arrival in Indian Territory. The acreage card to be issued in Indian Territory was never issued, and the government decided to invest money equal to $1.25 per acre due to each eligible Choctaw upon their arrival in the West. The government would then pay them 5% interest on the money invested per year. The half scrip certificates issued for Choctaw removal were not for specific parcels of land and could only be redeemed in the public land states of Alabama, Arkansas, Louisiana. and Mississippi. According to the findings of the various commissions, 1,150 heads of families and their 2,683 children were entitled to receive the subsidy. Further provisions established that many of the original Choctaws eligible for scrip had died by 1845, so their heirs became eligible to receive those Choctaw Scrip certificates. The changes to Article 14 and the findings of various commissions from about 1842 to 1859 presented a very confusing picture to the average Choctaw. To add to the confusion, people posed as agents of the Choctaws in Mississippi (many under fraudulent circumstances), claiming they had the right to claim the saddlebags of certain Choctaws. Choctaws were often paid much less than the actual value of their saddlebags. Land speculators often rode on the steamboats that transported the Choctaws west or waited at the landing ready for the Choctaws to assign them their Choctaw Scrip. Each saddlebag certificate was assigned a number for the head of the family, and in 1831 a "B" was added to identify the saddlebag for each child over ten years old and a "C" for each child under ten. After the Choctaw Scrip was sold and signed by the individual Choctaw, it became the property of the new owner. When land sales were announced for each land office in Arkansas, people holding scrip certificates could choose the parcel of land they wanted that was available at the land office. They indicated the land they wished to purchase, the certificate of title they owned and intended to use as payment, and the identifying legal description of the land. The local land agent has 1.340.