The Indian Removal Act of 1830
[This was the Jackson-era legislation
authorizing the president to transfer Eastern Indian tribes to the western
territories promised (falsely) "in perpetuity". The actual relocation
culminated in the 1838 "Trail of Tears" forced march, one of the most
shameful occurrences in the history of federal domestic policy.]
CHAP. CXLVIII.--An Act to provide for an
exchange of lands with the Indians residing in any of the states or
territories, and for their removal west of the river
Be it enacted by the Senate and House of
Representatives of the United States of America, in Congress assembled, That it
shall and may be lawful for the President of the United States to cause so much
of any territory belonging to the United States, west of the river Mississippi,
not included in any state or organized territory, and to which the Indian title
has been extinguished, as he may judge necessary, to be divided into a suitable
number of districts, for the reception of such tribes or nations of Indians as
may choose to exchange the lands where they now reside, and remove there; and
to cause each of said districts to be so described by natural or artificial
marks, as to be easily distinguished from every other.
SEC. 2. And be it further enacted, That it
shall and may be lawful for the President to exchange any or all of such
districts, so to be laid off and described, with any tribe or nation within the
limits of any of the states or territories, and with which the United States have
existing treaties, for the whole or any part or portion of the territory
claimed and occupied by such tribe or nation, within the bounds of any one or
more of the states or territories, where the land claimed and occupied by the
Indians, is owned by the United States, or the United States are bound to the
state within which it lies to extinguish the Indian claim thereto.
SEC. 3. And be it further enacted, That in
the making of any such exchange or exchanges, it shall and may be lawful for
the President solemnly to assure the tribe or nation with which the exchange is
made, that the United States will forever secure and guaranty to them, and
their heirs or successors, the country so exchanged with them; and if they
prefer it, that the United States will cause a patent or grant to be made and
executed to them for the same: Provided always, That such lands shall revert to
the United States, if the Indians become extinct, or abandon the same.
SEC. 4. And be it further enacted, That if,
upon any of the lands now occupied by the Indians, and to be exchanged for,
there should be such improvements as add value to the land claimed by any
individual or individuals of such tribes or nations, it shall and may be lawful
for the President to cause such value to be ascertained by appraisement or
otherwise, and to cause such ascertained value to be paid to the person or
persons rightfully claiming such improvements. And upon the payment of such
valuation, the improvements so valued and paid for, shall pass to the
SEC. 5. And be it further enacted, That upon
the making of any such exchange as is contemplated by this act, it shall and
may be lawful for the President to cause such aid and assistance to be
furnished to the emigrants as may be necessary and proper to enable them to
remove to, and settle in, the country for which they may have exchanged; and
also, to give them such aid and assistance as may be necessary for their
support and subsistence for the first year after their removal.
SEC. 6. And be it further enacted, That it
shall and may be lawful for the President to cause such tribe or nation to be
protected, at their new residence, against all interruption or disturbance from
any other tribe or nation of Indians, or from any other person or persons
whatever.
SEC. 7. And be it further enacted, That it
shall and may be lawful for the President to have the same superintendence and
care over any tribe or nation in the country to which they may remove, as
contemplated by this act, that he is now authorized to have over them at their
present places of residence.
Source: