11/11/13

The Indian Removal Act of 1830 - North Carolina Digital History

The Indian Removal Act of 1830

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An Act to provide f or an exchange of lands with the Indians residing in any of the states or territories, and f or their removal west of the river Mississippi. Be it enacted by t he Senate and House of Representatives of t he United States of America, in Congress assembled, That it shall and may be lawful for t he P resident of t he United States t o cause so much of any t erritory belonging t o t he United States, w est of t he river Mississippi, n ot included in any state or organized t erritory, and t o w hich t he Indian t itle h as been extinguished, as h e may judge n ecessary, t o be divided into a suitable n umber of districts, for t he reception of such t ribes or nations of Indians as may choose t o exchange t he lands w here t hey n ow reside, and remove t here; and t o cause each of said districts t o be so described by n atural or artificial marks, as t o be easily distinguished from every other. Sec. 2. And be it further enacted, That it shall and may be lawful for t he P resident t o exchange any or all of such districts, so t o be laid off and described, w ith any t ribe or n ation w ithin t he limits of any of t he states or t erritories, and with w hich t he United States h ave existing t reaties, for t he w hole or any part or portion of t he t erritory claimed and occupied by such t ribe or n ation, w ithin t he bounds of any one or more of t he states or t erritories, w here t he land claimed and occupied by t he Indians, is owned by t he United States, or t he United States are bound t o t he state w ithin w hich it lies to extinguish t he Indian claim t hereto. Sec. 3. And be it further enacted, That in t he making of any such exchange or exchanges, it shall and may be lawful for the P resident solemnly t o assure t he t ribe or n ation w ith w hich t he exchange is made, t hat t he United States w ill forever secure and g uaranty t o t hem, and t heir h eirs or successors, t he country so exchanged w ith t hem; and if t hey prefer it, t hat the United States w ill cause a patent or g rant t o be made and executed t o t hem for t he same: P rovided always, That such lands shall revert t o t he United States, if t he Indians become extinct, or abandon t he same. Sec. 4. And be it further enacted, That if, upon any of t he lands n ow occupied by t he Indians, and t o be exchanged for, there should be such improvements as add value t o t he land claimed by any individual or individuals of such t ribes or nations, it shall and may be lawful for t he P resident t o cause such value t o be ascertained by appraisement or otherwise, and to cause such ascertained value t o be paid t o t he person or persons rightfully claiming such improvements. And upon t he payment of such valuation, t he improvements so valued and paid for, shall pass t o t he United States, and possession shall not afterwards be permitted t o any of t he same t ribe. Sec. 5. And be it further enacted, That upon t he making of any such exchange as is contemplated by t his act, it shall and may be lawful for t he P resident t o cause such aid and assistance t o be furnished t o t he emigrants as may be n ecessary and proper t o enable t hem t o remove t o, and settle in, t he country for w hich t hey may h ave exchanged; and also, t o g ive them such aid and assistance as may be n ecessary for t heir support and subsistence for t he first year after t heir removal. Sec. 6. And be it further enacted, That it shall and may be lawful for t he P resident t o cause such t ribe or n ation t o be protected, at t heir n ew residence, against all interruption or disturbance from any other t ribe or n ation of Indians, or from any other person or persons w hatever. Sec. 7. And be it further enacted, That it shall and may be lawful for t he P resident t o h ave t he same superintendence and care over any t ribe or n ation in t he country t o w hich t hey may remove, as contemplated by t his act, t hat h e is n ow
www.learnnc.org/lp/editions/nchist-newnation/4499 1/3

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The Indian Removal Act of 1830 - North Carolina Digital History

authorized t o h ave over t hem at t heir present places of residence.