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ОглавлениеPROCLAIMED JUNE 10, 1868.583
Held at Washington, D. C., between Nathaniel G. Taylor, commissioner on the part of the United States, and the duly authorized delegates of the Cherokee Nation.
Material Provisions
This treaty is concluded as a supplemental article to the treaty of July 19, 1866.
After reciting that a contract was entered into August 30, 1866, for the sale of the Cherokee neutral land, between James Harlan, Secretary of the Interior, and the American Emigrant Company; that such contract had been annulled as illegal by O. H. Browning, as Secretary of the Interior, who in turn entered into a contract of sale October 9, 1867, with James F. Joy, for the same lands, it is agreed by this treaty, in order to prevent litigation and to harmonize conflicting interests, as follows, viz: An assignment of the contract of August 30, 1866, with the American Emigrant Company shall be made to James F. Joy. Said contract as hereinafter modified is reaffirmed and declared valid. The contract with James F. Joy of October 9, 1867, shall be relinquished and canceled by said Joy or his attorney. The said first contract, as hereinafter modified, and the assignment thereof, together with the relinquishment of the second contract, are hereby ratified and confirmed whenever such assignment and relinquishment shall be entered of record in the Department of the Interior, and when said Joy shall have accepted such assignment and entered into contract to perform all the obligations of the American Emigrant Company under said first contract as hereinafter modified.
The modifications of said contract are declared to be:
1. Within ten days from the ratification of this treaty, $75,000 shall be paid to the Secretary of the Interior, as trustee for the Cherokee Nation.
2. The other deferred payments shall be paid when they fall due, with interest only from the ratification hereof.
It is distinctly understood that said Joy shall take only the residue of said lands after securing to "actual settlers" the lands to which they are entitled under the amended seventeenth article of the treaty of July 19, 1866. The proceeds of the sales of such lands so occupied by settlers shall inure to the benefit of the Cherokee Nation.
