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415. See report of proceedings of council.

416. National Intelligencer, May 22, 1838.

417. United States Statutes at Large, Vol. VII, p. 488.

418. In addition to these sums, an appropriation of $1,047,067 was made by the act of June 13, 1838, in full of all objects specified in the third supplemental article and for the one year's subsistence provided for in the treaty.

419. Commissioner of Indian Affairs to John Ross, March 9, 1836.

420. Hon. P. M. Butler, in a confidential letter to the Commissioner of Indian Affairs, March 4, 1842, says: "The treaty, as the Department is aware, was sustained by the Senate of the United States by a majority of one vote."

421. United States Statutes at Large, Vol. VII, p. 478 et seq.

422. July 25, 1836.

423. July 30, 1836.

424. The Secretary of War, October 12, 1836, directed General Wool to inform Mr. Ross that the President regarded the proceedings of himself and associates in council as in direct contravention of the plighted faith of their people, and a repetition of them would be considered as indicative of a design to prevent the execution of the treaty even at the hazard of actual hostilities, and they would be promptly repressed.

425. October 17, 1836.

426. Senate confidential document, April 12, 1836, p. 200.

427. National Intelligencer, May 22, 1838.

428. National Intelligencer, May 22, 1838.

429. June 3, 1837.

430. July 15, 1837.

431. September 25, 1837.

432. September 30, 1836.

433. October 25, 1836.

434. Secretary of War to Andrew Jackson, August 21, 1837.

435. October 16, 1837.

436. The amounts adjudicated and paid by this commission, as shown by the records of the Indian Office (see Commissioner of Indian Affairs' letter of March 7, 1844), were as follows:

1.	For improvements	$1,683,192	771/2
2.	Spoliations	416,306	821/2
3.	National debts due to Cherokees	19,058	14
4.	National debts due to citizens of the United States	51,642	87
5.	Reservations	159,324	87
		_________________
	Total	2,329,524	86

(The figures as given here are correctly copied from the commissioner's letter, but there is an obvious error either in the footing or in the items.)

437. January 3, 1837.

438. December 1, 1836.

439. This census showed a distribution of the Cherokee population, according to State boundaries, as follows:

States.	Cherokees.	Slaves.	Whites intermarried with Cherokees.
In Georgia	8,946	776	68
In North Carolina	3,644	37	22
In Tennessee	2,528	480	79
In Alabama	1,424	299	32
Total	16,542	1,592	201

440. Secretary of War to Col. William Lindsay, May 8, 1837.

441. March 26, 1838.

442. Speech in reply to Mr. Halsey, of Georgia, January 2, 1838.

443. May 22, 1838.

444. National Intelligencer, June 8, 1838.

445. Secretary of War to James K. Polk, Speaker of the House of Representatives, January 8, 1838.

446. General Macomb to General Scott, April 6, 1838.

447. May 10, 1838.

448. May 18, 1838.

449. Annual report of Commissioner of Indian Affairs, November 25, 1838.

450. Proposal was accepted July 25; emigration to begin September 1 and end before October 20, 1838.

451. The number, according to the rolls of John Ross, who removed under his direction, was 13,149. According to the rolls of Captain Stevenson, the agent who received them on their arrival West, there were only 11,504, and, according to Captain Page, the disbursing officer, there were 11,721. Mr. Ross received on his settlement with Captain Page subsequent to the removal, $486,939.50¹/₄, which made a total payment to Ross by the Government on account of Cherokee removals of $1,263,338.38. (Letter of Commissioner Indian Affairs, June 15, 1842). See, also, Commissioner of Indian Affairs to Commissioner of Land Office, January 9, 1839.

452. Commissioner of Indian Affairs to Secretary of War, September 12, 1839.

453. April 21, 1840.

454. Report of Commissioner of Indian Affairs for 1839.

455. Letter of John Ross to General Arbuckle, June 24, 1839.

456. June 22, 1839.

457. Agent Stokes to Secretary of War, June 24, 1839.

458. July 5, 1839.

459. August 9, 1839.

460. August 27, 1839.

461. August 23, 1839.

462. July 7, 1839.

463. July 10, 1839.

464. August 21, 1839.

465. September 4, 1839, et seq.

466. November 9, 1839.

467. January 22, 1840.

468. April 21, 1840.

469. Coody, in an interview with the Secretary of War, persisted in considering the murders of Boudinot and the Ridges as justifiable. General Arbuckle's letter of notification bore date April 21, 1840.

470. Commissioner of Indian Affairs to Maj. William Armstrong, August 26, 1840.

471. September 22, 1841.

472. March 4, 1842.

473. September 9, 1842.

474. November 8, 1842.

475. United States Statute at Large, Vol. IX, p. 871.

476. May 6, 1844.

477. May 30, 1844.

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

479. October 18, 1844.

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

481. He 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.)

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

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

484. Letter 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."

485. September 1, 1845.

486. October 22, 1845.

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

488. Report of the exploring party to their council.

489. January 19, 1846.

490. Letter to the President, February 10, 1846.

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

492. April 2, 1846.

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

494. Report of Agent McKissick July 4, 1846.

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

496. July 6, 1846.

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

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

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

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

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

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

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

504. December 3, 1849.

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

506. September 5, 1850.

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

508. Ibid., p. 871.

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

510. Ibid., p. 195.

511. Ibid., p. 311.

512. Ibid., p. 478.

513. Ibid., p. 414.

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

515. September 22, 1851.

516. November 22, 1875.

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

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

519. January 31, 1883.

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

521. March 16, 1835.

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

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

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

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

526. November 17, 1851.

527. November 29, 1851.

528. After 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.

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

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

531. November 20, 1851.

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

533. The 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.

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

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

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

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

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

539. A short time prior (September 11, 1874) to the filing of the award of the arbitrators in the case of the Indians vs. 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.

540. February 17 and March 17, 1853.