Before the Choctaw treaty of 1830, the Choctaw give the rights to the settlers, to settle on their land, then when the removal came the new settlers were told they too would be removed. The settlers argued that the Choctaw, had given them the rights before the treaty and that they had made their improvements and built their homes before the removal dead line of May 1832. The government stated that in the treaty they bought all the land and all on it, and they too would be removed and if they refused to go, the United States Army would come and remove them by force. After many arguments between the Settlers and the government the settlers would win out.
Note. There are some of you who maybe interested in just where your ancestors land was and what may be on it to day. This can be easily be done by taken the information here and going to either the land office of register of deeds office in the county set of the county stated here and ask to see a section map of the county.
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Part of a letter, To the Senate and House of Representatives of the United States of America in Congress assembled:
Your petitioners, citizens of that portion of the State of Mississippi ceded to the United States by the Choctaw Indians, at the treaty of 1830, most respectfully represent: That they settled within that district of country prior to the 1st flay of May, 1832, by the permission of the Choctaws, and with the approbation, as was generally understood, of the agent of the government, and made valuable improvements. During the spring of 1832, a portion of the United States troops were ordered into the country, for the purpose of removing them from the public lands as intruders and trespassers, in violation of the stipulations of the treaty. On a proper representation of the subject to the Secretary of War the orders were countermanded, and they were permitted to remain with their families in the peaceable and quiet possession of their homes. (A copy of the correspondence with the War Department is made an accompanying document, marked A.) By their industry and labor, your petitioners opened valuable improvements, and erected comfortable cabins for the shelter of their families, cheered with the hope that Congress would, in their wisdom and liberality, extend to them the same privileges extended to other pioneers and settlers on the public lands, the right of pre-emption to a little spot of ground, sufficient to cover their labor, at the minimum price of $1.25 per acre. In their reasonable hope and expectations they were not disappointed.
List of the petitioners.
John Smith---Nathan Edwards---Baylis Nations---Robert Belshar---Josiah Edwards---Wm. Ormond---John H. Byres---Wm. B. Edwards---Woodard Roan---Wm. W. Byres---John H. McKennie---William Sillivent---William Blanton---A. McCarslin---Stephen Smith.
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WASHINGTON City, July 21, 1834.
Here is part of that. Letter.
SIR: Daniel Richmond, Conway Oldham, Josiah White, George Simmons, Jefferson Clay, Isaac Richmond, Samuel Hackenbury, David Clay, and Ignatius Baukston, claim a right of preemption, each, to eighty acres of land, situate within that district of country ceded to the United States by the treaty of Dancing Rabbit creek, under azid by virtue of the provisions of the act of Congress passed on the 3d day of March, 1833. They adduced to the register and receiver of the land office at Chocehuma, Mississippi, satisfactory evidence of their right to the lands which they claimed as aforesaid; but their applications were refused by them, because, in their opinion, the lands ceded by the treaty aforesaid were not public lands on the first day of May, 1832, within the meaning of the act.
TREASURY DEPARTMENT, July 25, 1834.
Upon examination, I find that the parties were all actual settlers and housekeepers on the public lands prior to 1st May, 1832; that the entry and proof were made within the time limited by the act of 2d March, 1833, and thus the evidence of these facts in all the cases, the evidence is given according to the form prescribed by the instructions of the department. Thus sustained, it is my opinion that their right to the pre-emption claimed is authorized by the act of 2d March, 1833.
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THE STATE OF Mississippi, Holmes County:
I, Samuel B. Parrish, do solemnly swear, that I am an actual settler and a housekeeper on a tract of public land, viz., the northwest quarter of section number eight, in township number fifteen, of range number one east, and hereby apply to enter the west half of the northwest quarter of said section, under the provisions of an act of Congress approved on. The 2d day of March, 1833.
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THE STATE OF Mississippi, Yallabusha County:
Thomas C. McMackin, has made oath that he was an actual settler on the east half of southwest quarter, and also had an improvement on the west half of east quarter, section 19, township 24, range 6 east, (on which the town of Henderson is situated,) in the early part of the year 1832.
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THE STATE OF Mississippi, Yallabusha County:
David Mabray, has made oath that he settled and improved on the west half of the northwest quarter section 29, township 24, range 6 east, in the month of February, 1832, and that he, the said Mabray, believes that he was embraced under the act of the March, 1833.
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THE STATE OF Mississippi, Tallahatchie County:
I John Balfour solemnly swear that I was an actual settler and a housekeeper on a tract of public land, viz., lots six and ten of township number twenty-two, in range five east and intended to apply to the register and receiver at Chocehuma, prior to the public sale of said lands, and prior to any appropriation of the same, in October last, under the provisions of an act of Congress, approved on the 2d day of March, 1833.
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STATE OF Mississippi, Choctaw District:
I Robert Belsha, solemnly swear that I am an actual settler and a housekeeper on a tract of public land, viz., the west half of the southeast quarter of section four, township twenty-three, range live east, and hereby apply to enter the west half of the southeast quarter of said section, under the provisions of an act of Congress, approved on the 2d day of March, 1833.
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STATE OF Mississippi, Yallabusha County:
John H. Byers, and made oath, in due form of law, that he was an actual settler on public land of the United States, in the limits of the Choctaw nation, in the year 1833, that a float was laid on the land upon which he settled, and that he has been debarred from entering his improvement. The land on. which he settled is designated as follows: Section No. 19, township 24, of range 6 east He now requests that he may have a float granted to him, (by virtue of the act of Congress granting pre-emption rights to settlers of 1833,) to be laid on vacant and unoccupied lots.
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STATE OF Mississippi, Yallabusha County:
Wm. W. Byers, and made oath, in due form of law, that he resided on public land and cultivated the same in 1833; that he was deprived of the right of pre-emption by a float being entered on his improvements, and that he has been wholly deprived of the privileges granted to other occupants on public lands of the United States: he craves the general government to grant him a float of 160 acres, to the end that he may locate it on lands not otherwise appropriated. His residence was on the 19th section, range 6 east, township 24.
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STATE OF Mississippi, Yallabusha County:
William Blanton, has made oath, in due form of law, that he resided on public land of the United States in 1833, made improvements, and cultivated the same. He was deprived of the privilege of taking his land by pre-emption, in consequence of the land sales, which were commenced at Choechuma on the 21st day of October, 1833, and continued 12 days. He does not ask or expect the land was sold; but prays that he may be permitted to take 160 acres on any vacant and inappropriate land of the United States. His improvement was on the 17th section, township 23, range 5 east.
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STATE OF Mississippi, Yallabusha County:
Nathan Edwards, has made oath, in due form of law, that he was an actual settler on public lands of the United States, in the limits of the Choctaw nation, in the year 1833; that other persons resided on the same quarter section, and that he has been debarred from obtaining his improvement. The land on which he settled is designated as follows: Section seven, township number twenty-four, range six east. He has been prevented from the advantages of the pre-emption law, and now asks the privilege that has been extended to other early settlers, of taking a float or un-appropriated lands of the United States.
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STATE OF Mississippi, Yallabusha County:
Isaiah Edwards, has made oath, in due form of law, that he resided on public lands of the United States in 1833 that the laud on which he lived was sold at the land sales at Choechuma; that he was not permitted to take his farm by pre-emption, in consequence of instructions not having been given to the register in such cases made and provided: and it also having been made known to him that he can get relief by memorial to Congress, he asks the privilege of having granted to him a float for one quarter section on any lands not otherwise appropriated. He resided and improved the northwest quarter of section 17, township twenty-four, range six east. The said land was purchased at Ohocchuma, by T. W. Winter, which appears on the record.
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STATE OF Mississippi, Yallabuslia County:
John H. McKennie, has made oath, in due form of law, that he resided on public lands of the United States (agreeably to his interpretation of the treaty of Dancing Rabbit creek) in the years 1832 and 1833, and proved his claim up before Thomas B. Ives, before the land sales at Chocchuma, which commenced the 21st October, 1833, and requested the register to reserve his land under previous acts of Congress, but was informed he did not think that he was authorized to do so. Further, that the quarter section on which he resided was taken by another claim. He made considerable improvements, which enhanced the value of the land considerably. He further says, he was the first settler on the said land, to wit: the S. E. quarter of section 19, township 24, range 6 east, and that he had not entered any lands under the pre-emption laws of the United States, either in quarters or eighths. He now prays that he may have the privilege of taking 160 acres of vacant and un-appropriated lands belonging to the government, at the minimum price, and have the usual time of two years to pay for the same. He believes that his early settlement greatly enhanced the value of the government land in the part of the country he lives in. He yet lives where he first settled, but is compelled to pay rent for the improvements he made.
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STATE OF Mississippi, Yallabuslia County:
Alfred McCaslin, has made oath, in due form of law, that he resided on public lands of the United States in 1832, and yet resides at the same place; and further says that his residence was floated by an orphan claim, and that he was prevented thereby from obtaining’ the said land o which he settled. The number of section on which he lives is 19, township 24, range 6, east, on. the west half of the southeast quarter of said section 19. He does not request that said land should be granted to him by pre-emption, but that he may have a float granted to him for one quarter section of land on that which is now vacant and un-appropriated.
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STATE OF Mississippi, Yallabuslia County:
Baylis Nations, has made oath, in due form of law, that he resided on public land of the United States in 1832 and 1833, and cultivated, the same, but was not permitted to enter under the act of 1832, in consequence of no instructions having been received by the register at Chocchuma. The land was sold at the sales in 1833, and I have been deprived of my right of pre-emption. The land on which I resided at the time of the land sales was on the 27th section, township 24, range 6 east.
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Note. As most of the following oaths are the same as those above I will only give the names and the section numbers.
STATE OF Mississippi, Yallabuslia County:
WILLIAM ORMON, His residence and cultivation were in township 23, section 10, range 5 east.
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STATE OF Mississippi, Yallabuslia County:
WOODARD ROAN, His residence and cultivation were in town ship 24, range 5 east, section 24.
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STATE OF Mississippi, Yallabuslia County:
WILLIAM SILLIVENT, The land which he improved was the 34th section, township 24, range 5 east.
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STATE OF Mississippi, Yallabuslia County:
STEPHEN SMITH, his residence was on the nineteenth section, S. E. quarter, township twenty-four, range six east.
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STATE OF Mississippi, Yallabuslia County:
WILLIAM STONE, the west half of the southwest quarter of section twenty, of township twenty-four, range six, east.
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STATE OF Mississippi, Choctaw District:
JOHN W. McLEMORE.
East half of the southeast quarter of section 33, township 23, range 4 east.
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