In 1833 there were approximately 22,690 Creeks living in Alabama , comprising some 5,200,000 acres.  Emigration to the west was to be voluntary but if they chose to stay, within five years they would receive deeds to their land.  The head of each family, according to the treaty, was to receive 320 acres and 90 chief’s were to receive 640 acres for a total of 2,187,200 acres in Alabama .  They could either live on or sell this land.  If they decided to sell, the two parties in negotiation met with an agent who would witness the transaction.  This transaction was sent to the President Andrew Jackson for approval.[iii]

 Land squatters were to stay away from this area for the five years, but by 1833 thousands of squatters had moved into the area.  Land speculators also moved into the area and began to acquire land through fraud.  A Native American, who worked with the speculator, posed as a lawful landowner.  The transaction would take place unknown to the lawful owner, who was now no longer in possession of his land.  The situation was getting worse and more pressure was being placed on the Creeks to move.  The United States encouraged this move by agreeing to help pay the cost of moving and also for one year of support after the move.  They United States also pledged up to 100,000 dollars to settle debts the Creeks had acquired.[iv]

However, migration west would not really begin until after the ‘Second Creek War’, which was started by white speculators who saw another way to make a profit. These white speculators encouraged Creek uprisings against white settlers.  This so-called war did not last long, once the source was discovered.  However, the United States government took advantage of the uprisings and declared that their treaty was now void as well as any investigation into the land frauds that were occurring.  Brigadier General Thomas S. Jesup was ordered to take control of the situation.  He was further ordered to forcibly remove the Creek from their land to the west. [v]  The Creek removal to the west was disastrous, because a private company, The Alabama Emigrating Company, was hired to assist in the move.  This company had a fixed budget, thus they had no interest in supporting the Creeks on their journey.  According to Anthony F.C. Wallace, The Long, Bitter Trail, who wrote”[that the total loss for the] Creek removal from 1832 to 1838 have ranged as high as ten thousand [lives].”

The Cherokee nation’s move to Indian Territory did not occur until 1838, two years after Jackson left office.  However, there had been a series of immigrations to the west between 1794 and 1830.  This migration formed the Western Branch of the Cherokee nation, which number about 4000 people.  The remaining Cherokees in the east did not want to move.[vi]