Chapter 17

478Letter of Secretary of War to Commissioners Jones and Butler, October 18, 1844.479October 18, 1844.480Letter of General Jones to Commissioner of Indian Affairs, November 17, 1844.481He was one of the chiefs of the Arkansas delegation who signed the treaty of May 6, 1828. (See United States Statutes at Large, Vol. VII, p. 314.)482Letters of September 12 and November 23, 1844, from Agent Butler to Commissioner of Indian Affairs.483Letter of Commissioner Indian Affairs to Agent Butler, January 17, 1845.484Letter of Oo-no-leh to Agent Butler, May 15, 1845. Guess left a widow, a son, and two daughters. Hon. T. L. McKenny, in a letter to the Secretary of War, December 13, 1825, says: "His name is Guess, and he is a native and unlettered Cherokee. Like Cadmus, he has given to the people the alphabet of their language. It is composed of eighty-six characters, by which in a few days the older Indians who had despaired of deriving an education by means of the schools* * *may read and correspond." Agent Butler, in his annual report for 1845, says: "The Cherokees who cannot speak English acquire their own alphabet in twenty-four hours."485September 1, 1845.486October 22, 1845.487November 12, 1845. They explored up the valley of Stone Fort Creek a distance of 30 miles.488Report of the exploring party to their council.489January 19, 1846.490Letter to the President, February 10, 1846.491Letter to the Secretary of War, February 12, 1846.492April 2, 1846.493Letter of Agent McKissick to Commissioner Indian Affairs, May 12, 1846, and General Arbuckle to Adjutant-General, April 28, 1846.494Report of Agent McKissick July 4, 1846.495Commissioner Indian Affairs to Maj. William Armstrong, June 24, 1846.496July 6, 1846.497United States Statutes at Large, Vol. IX, p. 871.498The subject of the North Carolina Cherokee interests was also referred to this commission July 13, 1846.499Report of Commissioner Indian Affairs to Secretary Interior, January 20, 1855.500Second Comptroller of the Treasury to Commissioner of Indian Affairs, February 6, 1849.501United States Statutes at Large, Vol. VII, p. 478.502United States Statutes at Large, Vol. V, p. 241.503United States Statutes at Large, Vol. IX, p. 339.504December 3, 1849.505United States Statutes at Large, Vol. IX, p. 572.506September 5, 1850.507United States Statutes at Large, Vol. IX, p. 556.508Ibid., p. 871.509United States Statutes at Large, Vol. VII, p. 156.510Ibid., p. 195.511Ibid., p. 311.512Ibid., p. 478.513Ibid., p. 414.514United States Statutes at Large, Vol. IX, p. 556.515September 22, 1851.516November 22, 1875.517April 28, 1877, November 20, 1880, November 17, 1881, and October 13, 1882.518United States Statutes at Large, Vol. XXII, p. 328.519January 31, 1883.520See Senate Executive Document No. 14, Forty-Eighth Congress, 1st session.521March 16, 1835.522Letter of John Mason, Jr. to Secretary of War, September 25, 1837.523United States Statutes at Large, Vol. V, p. 241.524See report of Second Auditor and Second Comptroller to Congress, December 3, 1849.525See report of Second Auditor and Second Comptroller to Congress, December 3, 1849.526November 17, 1851.527November 29, 1851.528After reciting in detail the "forced" circumstances through which those treaties were brought about, they declared—1. That no adequate allowance had been made for the sums taken from the treaty fund of 1835 for removal; that though an appropriation had been made, the estimates upon which it was based were too small, and the balance was taken out of the Indian fund.2. That if allowable in any sense, the Government had no right to take from the Cherokee fund an expense for removal greater than the limit fixed by the eighth article of the treaty of 1835.3. That the alternative of receiving for subsistence $33.33, as provided for in the treaty of 1835, was refused to be complied with and their people forced to receive rations in kind at double the cost.4. That the cost of the rations issued by the commandant at Fort Gibson to "indigent Cherokees" was improperly charged to the treaty fund, without legal authority.5. That the United States was bound to reimburse the amount paid to some two or three hundred Cherokees who emigrated prior to 1835, but who were refused a participation in the "Old Settler" fund.6. That the Cherokees who remained in the States of Georgia, North Carolina, and Tennessee were not entitled to any share in the per capita fund, inasmuch as they complied with neither of two conditions of their remaining East; and also because the census of those Cherokees was believed to be enormously exaggerated.7. That the sum of $103,000 had been charged upon the treaty fund for expenses of Cherokees in Georgia during three months they were all assembled and had reported themselves to General Scott as ready to take up their emigration march.8. That interest should be paid on the balance found due them from April 15, 1851, until paid, Congress having no power to abrogate the stipulations of a treaty.9. That $20,000 of the funds of the emigrant Cherokees were taken to pay the counsel and agents of the Old Settler party without authority.529United States Statutes at Large, Vol. IX, p. 264.530Commissioner of Indian Affairs to Secretary of Interior, February 10, 1874.531November 20, 1851.532United States Statutes at Large, Vol. X, p. 700.533The fourth section of this same act made provision that the eighth section of the act of July 31, 1854 (United States Statutes at Large, Vol. X, pp. 315), authorizing the payment of per capita allowance to Cherokees east of the Mississippi, be so amended as to authorize the payment of all such Cherokees as, being properly entitled, were omitted from the roll of D. W. Siler from any cause whatever.534United States Statutes at Large, Vol. XVIII, p. 447.535United States Statutes at Large, Vol. XV, p. 228.536United States Statutes at Large, Vol. XVI, p. 362.537This balance, amounting in the aggregate (with interest) to $7,242.76, was paid April 3, 1875.538United States Statutes at Large Vol. XVIII, p. 447.539A short time prior (September 11, 1874) to the filing of the award of the arbitrators in the case of the Indiansvs.Thomas, an agreement was made between the parties in interest to refer certain matters of dispute between Thomas and Johnston to the consideration and determination of the same arbitrators. As the result of this reference an award was made which showed that there was due from Thomas to Johnston upon three several judgments the sum of $33,887.11. Upon this sum, however, credits to the amount of $15,552.11 (including the $6,500 with interest paid to Johnston by the Cherokees under contract of September, 1869) were allowed, leaving the net amount due to Johnston $18,335, which sum he was entitled to collect with interest until paid, together with the costs taxed in the three judgments aforesaid. The arbitrators further found that Johnson held sheriff's deeds for considerable tracts of land which had been sold as the property of Thomas and which were not included among the lands held by him in trust for the Indians. These tracts Johnston had bought in by reason of clouds upon the title and "forbiddals" of the sales at a merely nominal figure. It was therefore declared that these sheriffs' deeds should be held by Johnston only as security for the payment of the balance due him on the judgments in question and for the costs taxed on each. It was further directed that Terrell and Johnston should make sale of so much of the lands embraced in the sheriff's deeds alluded to (excluding those awarded to the Cherokee Indians either as a tribe or as individuals) as would produce a sum sufficient to satisfy the above balance of $18,335 with interest and costs.Following this award of the arbitrators Mr. Johnston submitted a proposition for the transfer and assignment of these judgments to the Eastern Band of Cherokees. Based upon this offer, the Commissioner of Indian Affairs reported to the Secretary of the Interior June 2, 1875, that the interests of the Indians required the acceptance of Johnston's proposition. This recommendation was confirmed by William Stickney, of the President's board of Indian commissioners, in a report to that body. Mr. J. W. Terrell, on behalf of the Eastern Cherokees, as well as their agent, W. C. McCarthy, joined in urging the acceptance of the proposal.Supported by these opinions and recommendations, the Secretary of the Interior, on the 3d of June, 1875, authorized the purchase of the Johnston judgments, and two days later a requisition was issued for the money, and instructions were given to Agent McCarthy to make the purchase.Under these instructions as subsequently modified (June 9, 1875), Agent McCarthy reported (July 27, 1875) the purchase of the judgments, amounting in the aggregate, including interest and costs, to $19,245.53, and an assignment of them was taken in the name of the Commissioner of Indian Affairs in trust for the Eastern Band of Cherokee Indians of North Carolina.From investigations and reports afterward made by Inspectors Watkins and Vandever, it appears that there was much uncertainty and confusion as to the actual status of these lands. The latter gentleman reported (April 10, 1876) that the second award made by the arbitrators was a private affair between Thomas and Johnston and was entirely separate and distinct from the first award in the case of the Indians. He also reported that, despite the purchase of the Johnston judgments by the Indian Department in trust for the Indians, the two commissioners named in the second award proceeded to sell the lands upon which these judgments were a lien, and at the November, 1875, term of the court made a report of their proceedings, which was affirmed by the court.Taking into consideration all these complications, it was recommended by Inspector Vandever that an agent or commission be appointed, if the same could be done by consent of all parties, who should assume the duty of appraising the lands affected by the Johnston judgments, and that such quantity of the lands be selected for the Cherokees as would at such appraisal equal in value the amount of the judgments, interest, and costs, after which the remainder of the lands, if any, should be released to Mr. Thomas. The representatives of Thomas and Johnston also submitted a proposition for adjustment to the Indians, who by resolution of their council (March, 1876) agreed to accept it. In the light of this action and of the recommendation of Inspector Vandever, Congress passed an act (August 14, 1876) authorizing the Commissioner of Indian Affairs to receive in payment of the amount due to the Indians on the Johnston judgments owned by them a sufficient quantity of the Thomas lands to satisfy, at the appraised value, the amount of such judgments, and to deed the lands thus accepted to the Eastern Band of Cherokees in fee simple.The commissioner of appraisal appointed and acting under this act of Congress, and under the supervision of Inspector Watkins, selected 15,211.2 acres, the appraised value of which was $20,561.35, being the exact amount, including interest and costs, due upon the judgments up to October 7, 1876, the date of appraisal.Thereupon a deed (known as the Watkins deed) was executed by the parties representing the Johnston and Thomas interests, conveying the lands so selected to the Commissioner of Indian Affairs in the manner directed by the act of Congress, which deed it was agreed should be supplemented by a new one so soon as a more definite description could be given of the lands after survey. The surveys were made by M. S. Temple, who also surveyed the Qualla boundary tract, a deed for which latter tract (known as the Brooks deed) was executed direct to the Eastern Band of North Carolina Cherokee Indians, and the supplemental deed spoken of above was also executed. Sundry difficulties and complications have continued from time to time to arise in connection with the affairs of these Indians, and as the most effective measure of protection to their interests the Commissioner of Indian Affairs has suggested (April 26, 1882) to Congress the advisability of placing the persons and property of these people under the jurisdiction of the United States district court for the western district of North Carolina.540February 17 and March 17, 1853.541March 26, 1853.542This protest bore date of November 9, 1853, and was filed by Edwin Follin, as their attorney or representative.543September 21, 1853.544November 22, 1853.545Letter of Agent Butler, dated November 30, 1853.546Annual report of Agent Butler for 1854.547The delegation submitted these propositions in a communication to the Commissioner of Indian Affairs, dated December 28, 1854.548Annual report of Agent Butler for 1855.549Annual report of Agent Butler for 1857.550Annual report of Agent Butler for 1858.551October 10, 1860.552See reports of Agent Cowart in November, 1860, in Indian Office report of 1860, pp. 224, 225.553January 1, 1860.554Letter of Agent R. J. Cowart to Commissioner Indian Affairs, September 8, 1860.555Letter of S. W. Butler, published in Philadelphia North American, January 24, 1863.556Letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866, published in pamphlet report of Commissioner of Indian Affairs to the President, bearing date June 15, 1866.557Letter of S. W. Butler, in Philadelphia North American, January 24, 1863, and letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866.558Letter of Albert Pike, February 17, 1866. The delegates representing the "Southern Cherokees," in their statement to the United States commissioners at the Fort Smith conference, September 16, 1865, say: "Years before the war one portion of the Cherokees was arrayed in deadly hostility against the other; a secret organized society called the 'Pins,' led by John Ross and Rev. Jones, had sworn destruction to the half-bloods and white men of the nation outside this organization," etc.559Early in June, 1861.560Letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866.561Ibid.562June 12, 1861.563June 17, 1861.564According to the message of John Ross, as principal chief to the Cherokee national council, October 9, 1861, this convention was held on the 21st of August, 1861.565Pike's letter to Commissioner of Indian Affairs, February 17, 1866.566Pike's letter to Commissioner of Indian Affairs, February 17, 1866. These treaties were concluded on the following dates respectively: Creek, July 10; Choctaw and Chickasaw, July 12; Seminole, August 1; Shawnees, Delawares, Wichitas, and affiliated tribes resident in leased territory, and Comanches, August 12, 1861.567The treaty with the Osages was concluded October 2, that with the Senecas and Shawnees on the same day, and also that with the Quapaws. (See Report Commissioner of Indian Affairs for 1865, p. 318.)568The text of this treaty was reprinted for the use of the United States treaty commissioners in 1866.569August, 1861. See letter of Commissioner of Indian Affairs to the President, June 15, 1866.570General Albert Pike in his letter of February 17, 1866, speaks of being escorted from Fort Gibson to Park Hill on his way to conclude the treaty of October 7, 1861, by eight or nine companies of Colonel Drew's regiment, which had been previously raised as a home guard by order of the national council.571This address (printed as document No. 7, accompanying the letter of Commissioner of Indian Affairs to the President, June 15, 1866) bears date of December 19, 1862. This is an evident typographical error for 1861, because the address was in the nature of a censure upon the regiment for its defection on the eve of a battle with the forces of O-poth-le-yo-ho-lo, the loyal Creek leader. This battle occurred at Bushy or Bird Creek, December 9, 1861, and before the expiration of another year Ross had left the Cherokee country under the escort of Colonel Weir.572Greeley's American Conflict, Vol. II, p. 32; also, Report of Commissioner of Indian Affairs, June 15, 1866, and numerous other official documents.573Report of Commissioner of Indian Affairs to the President, June 15, 1866, p. 10.574Letter of General Albert Pike, February 17, 1866; also letter of T. J. Mackey, June 4, 1866.575Letter of General Albert Pike, February 17, 1866.576Commissioner of Indian Affairs to the President, June 15, 1866.577Ibid.578Letter of John Ross to O-poth-le-yo-ho-lo, September 19, 1861.579Report of Agent Cutler and Superintendent Coffin for 1862. See pages 135 and 138 of the Report of the Commissioner of Indian Affairs for 1862.580April 2, 1863.581Report of Commissioner of Indian Affairs for 1863, p. 24.582United States Statutes at Large, Vol. XIV, p. 799.583United States Statutes at Large, Vol. XVI, p. 727.584Letter of General J. J. Reynolds to Secretary of the Interior, June 28, 1865; printed in report of Commissioner of Indian Affairs for 1865, p. 295.585Report of D. N. Cooley, president of the commission, dated October 30, 1865.586Report of D. N. Cooley, president of the commission, dated October 30, 1865.587Report of Commissioner of Indian Affairs for 1865, p. 36.588Report of Elijah Sells, superintendent of Indian Affairs, October 16, 1865.589September 13, 1865.590September 15, 1865.591September 16, 1865.592This objection to consolidation was afterwards withdrawn, and, based upon fuller information of the proposed plan, was most fully concurred in.593September 18, 1865.594Statement of Southern delegation at an interview held with Commissioners Cooley and Sells, March 30, 1866. They also proposed that a census be taken and each man be allowed to decide whether or not he would live under the jurisdiction of the Ross party.595Statement of loyal delegation at interview held with Commissioners Cooley and Sells, March 30, 1866.596Sundry interviews between Commissioners Cooley and Sells and the loyal and Southern delegations, from March to June, 1866.597June 13, 1865.598United States Statutes at Large, Vol. XIV, p. 799.599See preamble to treaty of July 19, 1833.600John Ross, or Kooeskoowe, was of mixed Scotch and Indian blood on both father's and mother's side. His maternal grandfather was John Stuart, who for many years prior to the Revolutionary war was British superintendent of Indian affairs for the southern tribes and who married a Cherokee woman. He was born about 1790 in that portion of the Cherokee Nation within the present limits of Georgia, and died in Washington, D. C., August 1, 1866. As early as 1813 Ross made a trip to the Cherokee country west of the Mississippi, ascending the Arkansas River to the present limits of Indian Territory, and wrote a detailed account of the situation and prospects of his brethren, the character of the country, etc. In 1820 (and perhaps earlier) he had become president of the Cherokee national committee, and continued so until the adoption of a constitution by the Cherokee Nation, July 26, 1827. Of this constitutional convention Mr. Ross was the president, and under its operation he was elected principal chief, a position which he continued to hold until his death.601May 11, 1872. United States Statutes at Large, Vol. XVII, p. 98.602April 29, 1874. United States Statutes at Large, Vol. XVIII, p. 41.603February 28, 1877. United States Statutes at Large, Vol. XIX, p. 265.604See treaty of April 27, 1868. United States Statutes at Large, Vol. XVI, p. 727.605See report of Commissioner of Indian Affairs to Secretary of Interior, March 1, 1867, transmitting the agreement.606October 9, 1867.607United States Statutes at Large, Vol. XVI, p. 727.608See Indian Office records.609See report of Commissioner Indian Affairs for 1870, p. 376.610See report of Commissioner Indian Affairs for 1871, p. 671.611August 11, 1871.6125,019.91 acres.613United States Statutes at Large, Vol. XV, p. 222.614August 27, 1868.615December 23, 1868.616July 6, 1867.617March 3, 1868.618February 26, 1868.619See document "Fortieth Congress, second session—confidential—Executive 3P."620United States Statutes at Large, Vol. VII, p. 311.621Ibid., p. 414.

478Letter of Secretary of War to Commissioners Jones and Butler, October 18, 1844.

479October 18, 1844.

480Letter of General Jones to Commissioner of Indian Affairs, November 17, 1844.

481He was one of the chiefs of the Arkansas delegation who signed the treaty of May 6, 1828. (See United States Statutes at Large, Vol. VII, p. 314.)

482Letters of September 12 and November 23, 1844, from Agent Butler to Commissioner of Indian Affairs.

483Letter of Commissioner Indian Affairs to Agent Butler, January 17, 1845.

484Letter of Oo-no-leh to Agent Butler, May 15, 1845. Guess left a widow, a son, and two daughters. Hon. T. L. McKenny, in a letter to the Secretary of War, December 13, 1825, says: "His name is Guess, and he is a native and unlettered Cherokee. Like Cadmus, he has given to the people the alphabet of their language. It is composed of eighty-six characters, by which in a few days the older Indians who had despaired of deriving an education by means of the schools* * *may read and correspond." Agent Butler, in his annual report for 1845, says: "The Cherokees who cannot speak English acquire their own alphabet in twenty-four hours."

485September 1, 1845.

486October 22, 1845.

487November 12, 1845. They explored up the valley of Stone Fort Creek a distance of 30 miles.

488Report of the exploring party to their council.

489January 19, 1846.

490Letter to the President, February 10, 1846.

491Letter to the Secretary of War, February 12, 1846.

492April 2, 1846.

493Letter of Agent McKissick to Commissioner Indian Affairs, May 12, 1846, and General Arbuckle to Adjutant-General, April 28, 1846.

494Report of Agent McKissick July 4, 1846.

495Commissioner Indian Affairs to Maj. William Armstrong, June 24, 1846.

496July 6, 1846.

497United States Statutes at Large, Vol. IX, p. 871.

498The subject of the North Carolina Cherokee interests was also referred to this commission July 13, 1846.

499Report of Commissioner Indian Affairs to Secretary Interior, January 20, 1855.

500Second Comptroller of the Treasury to Commissioner of Indian Affairs, February 6, 1849.

501United States Statutes at Large, Vol. VII, p. 478.

502United States Statutes at Large, Vol. V, p. 241.

503United States Statutes at Large, Vol. IX, p. 339.

504December 3, 1849.

505United States Statutes at Large, Vol. IX, p. 572.

506September 5, 1850.

507United States Statutes at Large, Vol. IX, p. 556.

508Ibid., p. 871.

509United States Statutes at Large, Vol. VII, p. 156.

510Ibid., p. 195.

511Ibid., p. 311.

512Ibid., p. 478.

513Ibid., p. 414.

514United States Statutes at Large, Vol. IX, p. 556.

515September 22, 1851.

516November 22, 1875.

517April 28, 1877, November 20, 1880, November 17, 1881, and October 13, 1882.

518United States Statutes at Large, Vol. XXII, p. 328.

519January 31, 1883.

520See Senate Executive Document No. 14, Forty-Eighth Congress, 1st session.

521March 16, 1835.

522Letter of John Mason, Jr. to Secretary of War, September 25, 1837.

523United States Statutes at Large, Vol. V, p. 241.

524See report of Second Auditor and Second Comptroller to Congress, December 3, 1849.

525See report of Second Auditor and Second Comptroller to Congress, December 3, 1849.

526November 17, 1851.

527November 29, 1851.

528After reciting in detail the "forced" circumstances through which those treaties were brought about, they declared—1. That no adequate allowance had been made for the sums taken from the treaty fund of 1835 for removal; that though an appropriation had been made, the estimates upon which it was based were too small, and the balance was taken out of the Indian fund.2. That if allowable in any sense, the Government had no right to take from the Cherokee fund an expense for removal greater than the limit fixed by the eighth article of the treaty of 1835.3. That the alternative of receiving for subsistence $33.33, as provided for in the treaty of 1835, was refused to be complied with and their people forced to receive rations in kind at double the cost.4. That the cost of the rations issued by the commandant at Fort Gibson to "indigent Cherokees" was improperly charged to the treaty fund, without legal authority.5. That the United States was bound to reimburse the amount paid to some two or three hundred Cherokees who emigrated prior to 1835, but who were refused a participation in the "Old Settler" fund.6. That the Cherokees who remained in the States of Georgia, North Carolina, and Tennessee were not entitled to any share in the per capita fund, inasmuch as they complied with neither of two conditions of their remaining East; and also because the census of those Cherokees was believed to be enormously exaggerated.7. That the sum of $103,000 had been charged upon the treaty fund for expenses of Cherokees in Georgia during three months they were all assembled and had reported themselves to General Scott as ready to take up their emigration march.8. That interest should be paid on the balance found due them from April 15, 1851, until paid, Congress having no power to abrogate the stipulations of a treaty.9. That $20,000 of the funds of the emigrant Cherokees were taken to pay the counsel and agents of the Old Settler party without authority.

528After reciting in detail the "forced" circumstances through which those treaties were brought about, they declared—

1. That no adequate allowance had been made for the sums taken from the treaty fund of 1835 for removal; that though an appropriation had been made, the estimates upon which it was based were too small, and the balance was taken out of the Indian fund.

2. That if allowable in any sense, the Government had no right to take from the Cherokee fund an expense for removal greater than the limit fixed by the eighth article of the treaty of 1835.

3. That the alternative of receiving for subsistence $33.33, as provided for in the treaty of 1835, was refused to be complied with and their people forced to receive rations in kind at double the cost.

4. That the cost of the rations issued by the commandant at Fort Gibson to "indigent Cherokees" was improperly charged to the treaty fund, without legal authority.

5. That the United States was bound to reimburse the amount paid to some two or three hundred Cherokees who emigrated prior to 1835, but who were refused a participation in the "Old Settler" fund.

6. That the Cherokees who remained in the States of Georgia, North Carolina, and Tennessee were not entitled to any share in the per capita fund, inasmuch as they complied with neither of two conditions of their remaining East; and also because the census of those Cherokees was believed to be enormously exaggerated.

7. That the sum of $103,000 had been charged upon the treaty fund for expenses of Cherokees in Georgia during three months they were all assembled and had reported themselves to General Scott as ready to take up their emigration march.

8. That interest should be paid on the balance found due them from April 15, 1851, until paid, Congress having no power to abrogate the stipulations of a treaty.

9. That $20,000 of the funds of the emigrant Cherokees were taken to pay the counsel and agents of the Old Settler party without authority.

529United States Statutes at Large, Vol. IX, p. 264.

530Commissioner of Indian Affairs to Secretary of Interior, February 10, 1874.

531November 20, 1851.

532United States Statutes at Large, Vol. X, p. 700.

533The fourth section of this same act made provision that the eighth section of the act of July 31, 1854 (United States Statutes at Large, Vol. X, pp. 315), authorizing the payment of per capita allowance to Cherokees east of the Mississippi, be so amended as to authorize the payment of all such Cherokees as, being properly entitled, were omitted from the roll of D. W. Siler from any cause whatever.

534United States Statutes at Large, Vol. XVIII, p. 447.

535United States Statutes at Large, Vol. XV, p. 228.

536United States Statutes at Large, Vol. XVI, p. 362.

537This balance, amounting in the aggregate (with interest) to $7,242.76, was paid April 3, 1875.

538United States Statutes at Large Vol. XVIII, p. 447.

539A short time prior (September 11, 1874) to the filing of the award of the arbitrators in the case of the Indiansvs.Thomas, an agreement was made between the parties in interest to refer certain matters of dispute between Thomas and Johnston to the consideration and determination of the same arbitrators. As the result of this reference an award was made which showed that there was due from Thomas to Johnston upon three several judgments the sum of $33,887.11. Upon this sum, however, credits to the amount of $15,552.11 (including the $6,500 with interest paid to Johnston by the Cherokees under contract of September, 1869) were allowed, leaving the net amount due to Johnston $18,335, which sum he was entitled to collect with interest until paid, together with the costs taxed in the three judgments aforesaid. The arbitrators further found that Johnson held sheriff's deeds for considerable tracts of land which had been sold as the property of Thomas and which were not included among the lands held by him in trust for the Indians. These tracts Johnston had bought in by reason of clouds upon the title and "forbiddals" of the sales at a merely nominal figure. It was therefore declared that these sheriffs' deeds should be held by Johnston only as security for the payment of the balance due him on the judgments in question and for the costs taxed on each. It was further directed that Terrell and Johnston should make sale of so much of the lands embraced in the sheriff's deeds alluded to (excluding those awarded to the Cherokee Indians either as a tribe or as individuals) as would produce a sum sufficient to satisfy the above balance of $18,335 with interest and costs.Following this award of the arbitrators Mr. Johnston submitted a proposition for the transfer and assignment of these judgments to the Eastern Band of Cherokees. Based upon this offer, the Commissioner of Indian Affairs reported to the Secretary of the Interior June 2, 1875, that the interests of the Indians required the acceptance of Johnston's proposition. This recommendation was confirmed by William Stickney, of the President's board of Indian commissioners, in a report to that body. Mr. J. W. Terrell, on behalf of the Eastern Cherokees, as well as their agent, W. C. McCarthy, joined in urging the acceptance of the proposal.Supported by these opinions and recommendations, the Secretary of the Interior, on the 3d of June, 1875, authorized the purchase of the Johnston judgments, and two days later a requisition was issued for the money, and instructions were given to Agent McCarthy to make the purchase.Under these instructions as subsequently modified (June 9, 1875), Agent McCarthy reported (July 27, 1875) the purchase of the judgments, amounting in the aggregate, including interest and costs, to $19,245.53, and an assignment of them was taken in the name of the Commissioner of Indian Affairs in trust for the Eastern Band of Cherokee Indians of North Carolina.From investigations and reports afterward made by Inspectors Watkins and Vandever, it appears that there was much uncertainty and confusion as to the actual status of these lands. The latter gentleman reported (April 10, 1876) that the second award made by the arbitrators was a private affair between Thomas and Johnston and was entirely separate and distinct from the first award in the case of the Indians. He also reported that, despite the purchase of the Johnston judgments by the Indian Department in trust for the Indians, the two commissioners named in the second award proceeded to sell the lands upon which these judgments were a lien, and at the November, 1875, term of the court made a report of their proceedings, which was affirmed by the court.Taking into consideration all these complications, it was recommended by Inspector Vandever that an agent or commission be appointed, if the same could be done by consent of all parties, who should assume the duty of appraising the lands affected by the Johnston judgments, and that such quantity of the lands be selected for the Cherokees as would at such appraisal equal in value the amount of the judgments, interest, and costs, after which the remainder of the lands, if any, should be released to Mr. Thomas. The representatives of Thomas and Johnston also submitted a proposition for adjustment to the Indians, who by resolution of their council (March, 1876) agreed to accept it. In the light of this action and of the recommendation of Inspector Vandever, Congress passed an act (August 14, 1876) authorizing the Commissioner of Indian Affairs to receive in payment of the amount due to the Indians on the Johnston judgments owned by them a sufficient quantity of the Thomas lands to satisfy, at the appraised value, the amount of such judgments, and to deed the lands thus accepted to the Eastern Band of Cherokees in fee simple.The commissioner of appraisal appointed and acting under this act of Congress, and under the supervision of Inspector Watkins, selected 15,211.2 acres, the appraised value of which was $20,561.35, being the exact amount, including interest and costs, due upon the judgments up to October 7, 1876, the date of appraisal.Thereupon a deed (known as the Watkins deed) was executed by the parties representing the Johnston and Thomas interests, conveying the lands so selected to the Commissioner of Indian Affairs in the manner directed by the act of Congress, which deed it was agreed should be supplemented by a new one so soon as a more definite description could be given of the lands after survey. The surveys were made by M. S. Temple, who also surveyed the Qualla boundary tract, a deed for which latter tract (known as the Brooks deed) was executed direct to the Eastern Band of North Carolina Cherokee Indians, and the supplemental deed spoken of above was also executed. Sundry difficulties and complications have continued from time to time to arise in connection with the affairs of these Indians, and as the most effective measure of protection to their interests the Commissioner of Indian Affairs has suggested (April 26, 1882) to Congress the advisability of placing the persons and property of these people under the jurisdiction of the United States district court for the western district of North Carolina.

Following this award of the arbitrators Mr. Johnston submitted a proposition for the transfer and assignment of these judgments to the Eastern Band of Cherokees. Based upon this offer, the Commissioner of Indian Affairs reported to the Secretary of the Interior June 2, 1875, that the interests of the Indians required the acceptance of Johnston's proposition. This recommendation was confirmed by William Stickney, of the President's board of Indian commissioners, in a report to that body. Mr. J. W. Terrell, on behalf of the Eastern Cherokees, as well as their agent, W. C. McCarthy, joined in urging the acceptance of the proposal.

Supported by these opinions and recommendations, the Secretary of the Interior, on the 3d of June, 1875, authorized the purchase of the Johnston judgments, and two days later a requisition was issued for the money, and instructions were given to Agent McCarthy to make the purchase.

Under these instructions as subsequently modified (June 9, 1875), Agent McCarthy reported (July 27, 1875) the purchase of the judgments, amounting in the aggregate, including interest and costs, to $19,245.53, and an assignment of them was taken in the name of the Commissioner of Indian Affairs in trust for the Eastern Band of Cherokee Indians of North Carolina.

From investigations and reports afterward made by Inspectors Watkins and Vandever, it appears that there was much uncertainty and confusion as to the actual status of these lands. The latter gentleman reported (April 10, 1876) that the second award made by the arbitrators was a private affair between Thomas and Johnston and was entirely separate and distinct from the first award in the case of the Indians. He also reported that, despite the purchase of the Johnston judgments by the Indian Department in trust for the Indians, the two commissioners named in the second award proceeded to sell the lands upon which these judgments were a lien, and at the November, 1875, term of the court made a report of their proceedings, which was affirmed by the court.

Taking into consideration all these complications, it was recommended by Inspector Vandever that an agent or commission be appointed, if the same could be done by consent of all parties, who should assume the duty of appraising the lands affected by the Johnston judgments, and that such quantity of the lands be selected for the Cherokees as would at such appraisal equal in value the amount of the judgments, interest, and costs, after which the remainder of the lands, if any, should be released to Mr. Thomas. The representatives of Thomas and Johnston also submitted a proposition for adjustment to the Indians, who by resolution of their council (March, 1876) agreed to accept it. In the light of this action and of the recommendation of Inspector Vandever, Congress passed an act (August 14, 1876) authorizing the Commissioner of Indian Affairs to receive in payment of the amount due to the Indians on the Johnston judgments owned by them a sufficient quantity of the Thomas lands to satisfy, at the appraised value, the amount of such judgments, and to deed the lands thus accepted to the Eastern Band of Cherokees in fee simple.

The commissioner of appraisal appointed and acting under this act of Congress, and under the supervision of Inspector Watkins, selected 15,211.2 acres, the appraised value of which was $20,561.35, being the exact amount, including interest and costs, due upon the judgments up to October 7, 1876, the date of appraisal.

Thereupon a deed (known as the Watkins deed) was executed by the parties representing the Johnston and Thomas interests, conveying the lands so selected to the Commissioner of Indian Affairs in the manner directed by the act of Congress, which deed it was agreed should be supplemented by a new one so soon as a more definite description could be given of the lands after survey. The surveys were made by M. S. Temple, who also surveyed the Qualla boundary tract, a deed for which latter tract (known as the Brooks deed) was executed direct to the Eastern Band of North Carolina Cherokee Indians, and the supplemental deed spoken of above was also executed. Sundry difficulties and complications have continued from time to time to arise in connection with the affairs of these Indians, and as the most effective measure of protection to their interests the Commissioner of Indian Affairs has suggested (April 26, 1882) to Congress the advisability of placing the persons and property of these people under the jurisdiction of the United States district court for the western district of North Carolina.

540February 17 and March 17, 1853.

541March 26, 1853.

542This protest bore date of November 9, 1853, and was filed by Edwin Follin, as their attorney or representative.

543September 21, 1853.

544November 22, 1853.

545Letter of Agent Butler, dated November 30, 1853.

546Annual report of Agent Butler for 1854.

547The delegation submitted these propositions in a communication to the Commissioner of Indian Affairs, dated December 28, 1854.

548Annual report of Agent Butler for 1855.

549Annual report of Agent Butler for 1857.

550Annual report of Agent Butler for 1858.

551October 10, 1860.

552See reports of Agent Cowart in November, 1860, in Indian Office report of 1860, pp. 224, 225.

553January 1, 1860.

554Letter of Agent R. J. Cowart to Commissioner Indian Affairs, September 8, 1860.

555Letter of S. W. Butler, published in Philadelphia North American, January 24, 1863.

556Letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866, published in pamphlet report of Commissioner of Indian Affairs to the President, bearing date June 15, 1866.

557Letter of S. W. Butler, in Philadelphia North American, January 24, 1863, and letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866.

558Letter of Albert Pike, February 17, 1866. The delegates representing the "Southern Cherokees," in their statement to the United States commissioners at the Fort Smith conference, September 16, 1865, say: "Years before the war one portion of the Cherokees was arrayed in deadly hostility against the other; a secret organized society called the 'Pins,' led by John Ross and Rev. Jones, had sworn destruction to the half-bloods and white men of the nation outside this organization," etc.

559Early in June, 1861.

560Letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866.

561Ibid.

562June 12, 1861.

563June 17, 1861.

564According to the message of John Ross, as principal chief to the Cherokee national council, October 9, 1861, this convention was held on the 21st of August, 1861.

565Pike's letter to Commissioner of Indian Affairs, February 17, 1866.

566Pike's letter to Commissioner of Indian Affairs, February 17, 1866. These treaties were concluded on the following dates respectively: Creek, July 10; Choctaw and Chickasaw, July 12; Seminole, August 1; Shawnees, Delawares, Wichitas, and affiliated tribes resident in leased territory, and Comanches, August 12, 1861.

567The treaty with the Osages was concluded October 2, that with the Senecas and Shawnees on the same day, and also that with the Quapaws. (See Report Commissioner of Indian Affairs for 1865, p. 318.)

568The text of this treaty was reprinted for the use of the United States treaty commissioners in 1866.

569August, 1861. See letter of Commissioner of Indian Affairs to the President, June 15, 1866.

570General Albert Pike in his letter of February 17, 1866, speaks of being escorted from Fort Gibson to Park Hill on his way to conclude the treaty of October 7, 1861, by eight or nine companies of Colonel Drew's regiment, which had been previously raised as a home guard by order of the national council.

571This address (printed as document No. 7, accompanying the letter of Commissioner of Indian Affairs to the President, June 15, 1866) bears date of December 19, 1862. This is an evident typographical error for 1861, because the address was in the nature of a censure upon the regiment for its defection on the eve of a battle with the forces of O-poth-le-yo-ho-lo, the loyal Creek leader. This battle occurred at Bushy or Bird Creek, December 9, 1861, and before the expiration of another year Ross had left the Cherokee country under the escort of Colonel Weir.

572Greeley's American Conflict, Vol. II, p. 32; also, Report of Commissioner of Indian Affairs, June 15, 1866, and numerous other official documents.

573Report of Commissioner of Indian Affairs to the President, June 15, 1866, p. 10.

574Letter of General Albert Pike, February 17, 1866; also letter of T. J. Mackey, June 4, 1866.

575Letter of General Albert Pike, February 17, 1866.

576Commissioner of Indian Affairs to the President, June 15, 1866.

577Ibid.

578Letter of John Ross to O-poth-le-yo-ho-lo, September 19, 1861.

579Report of Agent Cutler and Superintendent Coffin for 1862. See pages 135 and 138 of the Report of the Commissioner of Indian Affairs for 1862.

580April 2, 1863.

581Report of Commissioner of Indian Affairs for 1863, p. 24.

582United States Statutes at Large, Vol. XIV, p. 799.

583United States Statutes at Large, Vol. XVI, p. 727.

584Letter of General J. J. Reynolds to Secretary of the Interior, June 28, 1865; printed in report of Commissioner of Indian Affairs for 1865, p. 295.

585Report of D. N. Cooley, president of the commission, dated October 30, 1865.

586Report of D. N. Cooley, president of the commission, dated October 30, 1865.

587Report of Commissioner of Indian Affairs for 1865, p. 36.

588Report of Elijah Sells, superintendent of Indian Affairs, October 16, 1865.

589September 13, 1865.

590September 15, 1865.

591September 16, 1865.

592This objection to consolidation was afterwards withdrawn, and, based upon fuller information of the proposed plan, was most fully concurred in.

593September 18, 1865.

594Statement of Southern delegation at an interview held with Commissioners Cooley and Sells, March 30, 1866. They also proposed that a census be taken and each man be allowed to decide whether or not he would live under the jurisdiction of the Ross party.

595Statement of loyal delegation at interview held with Commissioners Cooley and Sells, March 30, 1866.

596Sundry interviews between Commissioners Cooley and Sells and the loyal and Southern delegations, from March to June, 1866.

597June 13, 1865.

598United States Statutes at Large, Vol. XIV, p. 799.

599See preamble to treaty of July 19, 1833.

600John Ross, or Kooeskoowe, was of mixed Scotch and Indian blood on both father's and mother's side. His maternal grandfather was John Stuart, who for many years prior to the Revolutionary war was British superintendent of Indian affairs for the southern tribes and who married a Cherokee woman. He was born about 1790 in that portion of the Cherokee Nation within the present limits of Georgia, and died in Washington, D. C., August 1, 1866. As early as 1813 Ross made a trip to the Cherokee country west of the Mississippi, ascending the Arkansas River to the present limits of Indian Territory, and wrote a detailed account of the situation and prospects of his brethren, the character of the country, etc. In 1820 (and perhaps earlier) he had become president of the Cherokee national committee, and continued so until the adoption of a constitution by the Cherokee Nation, July 26, 1827. Of this constitutional convention Mr. Ross was the president, and under its operation he was elected principal chief, a position which he continued to hold until his death.

601May 11, 1872. United States Statutes at Large, Vol. XVII, p. 98.

602April 29, 1874. United States Statutes at Large, Vol. XVIII, p. 41.

603February 28, 1877. United States Statutes at Large, Vol. XIX, p. 265.

604See treaty of April 27, 1868. United States Statutes at Large, Vol. XVI, p. 727.

605See report of Commissioner of Indian Affairs to Secretary of Interior, March 1, 1867, transmitting the agreement.

606October 9, 1867.

607United States Statutes at Large, Vol. XVI, p. 727.

608See Indian Office records.

609See report of Commissioner Indian Affairs for 1870, p. 376.

610See report of Commissioner Indian Affairs for 1871, p. 671.

611August 11, 1871.

6125,019.91 acres.

613United States Statutes at Large, Vol. XV, p. 222.

614August 27, 1868.

615December 23, 1868.

616July 6, 1867.

617March 3, 1868.

618February 26, 1868.

619See document "Fortieth Congress, second session—confidential—Executive 3P."

620United States Statutes at Large, Vol. VII, p. 311.

621Ibid., p. 414.

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