U.S. Court of Claims Deposition of Kish Um Us Tubbee

The Choctaw were the first American Indians be affected by the Indian Removal Act of 1830. When tribal leaders signed the Treaty of Dancing Rabbit Creek that year, decreeing the removal of the Choctaw from their southeastern homeland, they did so only after adding article 14 to the treaty. Article 14 gave each head of family an opportunity to remain, select an individual farm or allotment, and become a state citizen. Although more than one-third of the Choctaws decided to stay, the Federal agent handling their claims refused to register their allotment selections, thus allowing white settlers to take possession of the land.

One Choctaw who resisted removal was Kish um us tubbee, whose name means "one who takes this tree [or branch] and kills." The featured document is the deposition of Kish um us tubbee that was filed with the U.S. Court of Claims to substantiate his claim to a land allotment under article 14 of the Treaty of Dancing Rabbit Creek. The deposition is one of hundreds of such Choctaw claims, as they are commonly called, on file at the National Archives in the Records of the Bureau of Indian Affairs, Record Group 75. It is entry 270, Choctaw Removal Records, deposition number 254, U.S. Court of Claims case number 12742, Evidence File 1837-1838.

FEDERAL POLICY TOWARD THE INDIANS

In the early part of the 19th century, white settlers who emigrated into the territory now forming the southeastern United States found it occupied by tribes of American Indians who had lived there for centuries. The Creek, Cherokee, Seminole, Chickasaw, and Choctaw Indians saw the land they inhabited become an object of desire as settlers passed through to occupy the Mississippi Territory. Inevitably, this interest in the southeastern Indian lands caused contention, conflict, and the eventual forced removal of the tribes to Indian Territory in what is now Oklahoma.

Almost from the time of its establishment, the Federal Government worked to wrest control of Indian homelands from the American Indian inhabitants. Among the Government strategies instituted was the "factory system," whereby Indians were encouraged to purchase supplies from a factory or merchant on credit and pay for them at an unspecified future date. Although Kish um us tubbee states in the featured document that the Indians paid for such items as knives, axes, beads, clothes, and ferreting with "peltry," buying on credit became common, and factories offered unlimited credit so the Indians would accumulate large debts.

As credit purchases escalated, Indian agents were instructed to offer debt liquidation in exchange for land cessions. Thomas Jefferson stated this Government objective in a letter to William Henry Harrison on February 27, 1803, when he wrote, "We shall push our trading houses, and be glad to see...them [the Indians] run in debt, because we observe that when these debts get beyond what the individual can pay they become willing to lop off by a cession of lands." Between 1800 and 1830, the Government approached the Choctaws 40 times to negotiate land cessions. By 1830 more than 13 million acres were ceded.

During the War of 1812, Creek Indians, supported by Spain and England, fought against the Choctaws, Chickasaws, Cherokees, and "friendly" Creeks who supported Americans led by Gen. Andrew Jackson. As a consequence of aligning with the losing side in the war, the Creeks were forced to sign the Treaty of Fort Jackson, ceding some 40,000 square miles of land to the United States. Although the Choctaws, Chickasaws, and Cherokees fought for the United States against the Creeks, they, too, were soon pressured to cede their lands.

After the War of 1812, the Federal Government began to force southeastern Indians to exchange their remaining lands for land in Indian Territory. Most Indians fiercely resisted leaving their ancestral homelands, but with the election of Andrew Jackson as President in 1828, Indian removal was established as a national policy. States quickly passed laws to ensure jurisdiction over Indians living within their borders, and President Jackson informed the Indians that the Federal Government was helpless to interfere with state laws. He told them their only option was to comply with removal.

THE REMOVAL OF THE CHOCTAWS

To coexist peacefully with white settlers, the Choctaw sent their children to schools run by missionaries, built homes and farms, cultivated land, constructed mills, engaged in commerce, and established a representative government modeled on those of the States. They were aware of their rights under prior possession and treaty guarantees with the U.S. Government. Only when the State of Mississippi abolished the Choctaw government in 1830 and imposed fines and imprisonment upon any Indian attempting to hold office in the tribe did the Choctaws agree to cede their homeland to the Government and relocate to Oklahoma.

Although the majority of the tribe opposed the treaty, Choctaw leaders signed the Treaty of Dancing Rabbit Creek in 1830, which guaranteed that once they moved west, they could keep their old customs and govern themselves without

interference. To achieve final agreement, article 14 was added, allowing those who did not wish to relocate the opportunity to remain where they were. Many of the Choctaws who wished to remain, however, eventually joined those who had earlier moved west. A few hundred did stay in Alabama and Mississippi, where their descendants live today.

A RARE ACCOUNT OF INDIAN CULTURE

Glimpses of Choctaw cultural beliefs and practices are contained in the featured document. Because most American Indians had no written language, the deposition provides a rare account of early contact with Europeans and relates the origin of the Choctaw version of "coming out of Nan a wa ya cave," a creation myth common to many Indian peoples. The Choctaw diet is described, as are hunting practices, a firemaking technique, and the fact that "there was no attempt made to convert them to the religion of the white men."

Near the end of the document, reference is made to a stick representing Kish um us tubbee, with a notch representing his grandson Halubbee, who lived with Kish um us tubbee at the time the Treaty of Dancing Rabbit Creek was signed. Known as the family stick, the device was the established method of signaling to Government officials an intention to lay claim to the provisions of article 14 and recording the members of a family unit. Because family sticks did not note wives, Kelisha, the wife of Kish um us tubbee, was not represented. Sons older than age 10 were represented by smaller sticks attached to the family stick by a string. Daughters older than 10 were noted by notches cut in the middle of the family stick. Younger children of either sex were designated by notches at the end of the family stick.

The deposition of Kish um us tubbee, although created long ago for a specific legal purpose, contains valuable information about the Choctaw culture and the times in which they lived. It exemplifies the versatility of primary sources by demonstrating how much valuable collateral information can be gleaned from a document like this.[1]

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NOTE

[1] See also Jacqueline A. Matte, "Southeastern Indians, Precontact to the Present: An Essay and Selected Bibliography for Teachers," Social Education 57 (October 1993): 292.

TEACHING ACTIVITIES

Document Analysis

1. Distribute copies of the document to your students, and ask them the following questions: a. What type of document is this? b. What is the date of the document? c. Who created this document?

2. Divide the class into three groups, assigning each group to read and analyze the document according to these categories:
a. Historical references
b. Geographical location
c. American Indian customs
Upon completion, ask a representative of each group to chart information on overlays, on the chalkboard, or on chart paper and present the group’s analysis to the class.

3. Ask the students to explain what evidence in the document helps them know why it was written. Compile their responses on the chalkboard. Using the background information given, discuss why the document was written.

Class Discussion

4. Ask your students to identify the branch of Government given jurisdiction over Indian affairs by the U.S. Constitution.

5. Ask your students what stereotypical images come to mind when they think of American Indians. List their responses on the chalkboard. Ask students what they think might contribute to these stereotypes.

6. Using guidelines from Teaching About Native Americans (see citation below), lead a discussion about the changes in terminology used over time to refer to American Indians such as Indians, Native Americans, American Indians, and indigenous peoples. Discuss why terms such as Injuns, red man, chief, squaw, papoose, brave, warrior, and redskin should be avoided. The source cited above provides helpful information about each term.

Research Activities

7. Ask students to research and present reports about a tribe that lives or lived nearby. Compare the lifestyle and experiences of that tribe with those of 19th-century or present day southeastern Indians.

8. Ask students to research and present reports on the southeastern Indian removal experience, often referred to as the Trail of Tears. Students should include the tribe’s point of view in their reports. Ask a student to "walk" the trail by mapping the route for a bulletin board display.

9. Ask a volunteer or volunteers to interview an American Indian in person, by letter, or by telephone for a contemporary point of view and summarize the interview in a written report. The report should also compare and contrast the tribal customs and awareness of tribal heritage of the contemporary American Indians with the experience of Kish um us tubbee. It should conclude by outlining how the Federal Government responds today to issues of concern to contemporary Native Americans.

Reference

Harvey, Karen D., Lisa D. Harjo, and Jane K. Jackson. Teaching About Native Americans. Bulletin no. 84. Washington, DC: National Council for the Social Studies, 1990.