The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-19


RET lined, in proportion TO their numbers, common
interest 10 the country west Of the Mississippi ano
IN the general funds of the nationj and therefor
they have an equitable claim upon the United State.
for the value of that interest, whatever II may be
Now ia order 10 ascertain the value OF that interest
Il is agreed that the following principle shall b.
adopted, viz. all the investments and expenditures
which are properly chargeable upon tho sums grant
ed in the treaty OF 1885, amounting In the whole e
five millions six hundred thousand dollars, (Which
Investments and expenditures are particularly emu
meraed In the 18th article Of the treaty Of 1887
be first deducted from said aggregate sum, thus as
ceraining the residuum or amount which would, I'M
der such mArshaIlng Of accounts, be left for pc,
capita distribution among the Cherokees emigrating
under the treaty Of 1885, including all exravsgani
and lmproydent expenditures, and then allow 10 the
Old Settlers Tor Western Cherokees) sum equal 10
one-third part Of said residium, To be distributed
per capita 10 each individual Of said party OF
''Old Settlers,n or "Westen Cherokees." IL Is
| further agreed that so far as the Western
Cherokees are concerned, In estimating the expense
of removal and subsistence OF an eastern Cherokee,
70 be charged to the aggregate fund Of hye million
six hundred thousand dollars above mentioned, the
sums for removal and subsistence stipulated in the
9th article OF the treaty Of 1885, as communication
money in those cases in which the parties entitled TO
il removed themselves, shall be adopted. And as i,
i affects the settlement with the western Cherokees,
there shall be no deduction from the fund before
/ VI Conslutfuuon Ol pSyfnrns WHICH
may hereafter be made out Of said fund; and il is
hereby further understood and agreed that the prn-
cipe above defined shall embrace all those Chero-
KEGS west Of The Mississippi, who smigraied prior to
the treaty Of 1885.
10 the consideration Of the foregoing stipulation
on the part Of the United States the estern Cher
okees" or "Old Settlers" hereby release and quit
claim to the United States all right title, interest,"
claim they may have TO a common property in the
Cherokee lands east OF the Mississippi river, aod TO
exclusive ownership TO the lands coded to them by
the treaty Of 1888 west Of the Mississippi including
/ the outlet west, conserving and agreeing that the
said lands together with the eight hundred thousand
acres eeded to the Cherokees by the treaty OF 1885,
shall be and remain the common properly Of the
whole Cherokee people, themselves Included.
ARrrcLh s.. II is mutually agreed that the per
capita allowance TO be given TO the western Chero-
kees" "old Settlers" upon the principle above sta
ted, shall be held in trust by the government Of the
United States, and paid out TO each individual be-
longing TO that party head Of family, or his legal
representatives, first dedueting thefefrom the OF
fifty thousand dollars, to be paid the delegation OF
that portion OF the Cherokee people who parties
TO the treaty, to defny the expenses Of prosecuting
their claims against the United States, including the
late Captain John Rogers. And il is further agreed,
that the per capita allowance to be paid aforesaid
shall not be assignabe but shall he paid directly to
the persons entitled TO H. TO his heirs legal rep
resentniyes, by the agent Of the United States, a
thorizeu 10 make such payments. ..r.| .H 10 4.
And IL is further agreed that a committee Of five
persons shall be appointed by the President of the
| United States, from the party OF "old Settlers"
whose duty Il shall be- in conjunction with agent
OF the United States, TO ascertain what persons
entitled to the per capita allowance provided for in
| this and the preceding article.
ARTICLE 8. And whereas many OF that portion
of the Cherokee people known and designated as
the treaty party, have suffered losses and incurred
expenses in consequence Of the treaty of 1885,
therefore, to indemnify the treaty party, the United
States agree TO pay to the said treaty party the sum
of one hundred and fifty thousand dollars Of which
| the sum OF i've thousand dollars shall be paid by
the United States to the heirs or legal representa-
tives of Major Ridge, the sum Of five thousand dol
lars to the heirs legal representatives Of John
Ridge, and the sum Of FIVE thousand dollars to the
heirs or legal representatives of Elias Boudinot and
the balance, being the sum Of one hundred thousand
| dollars, which shall be paid by the United States,
in such amounts and TO such persons as may be
certified by committee 70 be appointed by the
treaty party, and which committee shall consist of
not exceeding five persons, and approved by an
agent Of the United States, to be entitled to receive
the same for losses and damages sustained by them,
or by those Of whom they heirs or legal repre-
sentatives Provided, That of the said balance OF
one hundred thousand dollars the present delegation
Of the treaty party may receive the sum Of twenty
five thousand dollars, to be by them applied TO the
payment Of claims and other expenses And II is
L u
thousand dollars should not be sufficient to pay all
the claims allowed for losses and damages that then
| the same shall be paid to the same claimants pro
rata, and which payments shall be in full Of all
claims and losses of the said Treaty party. ,,
| ARTICLE 7. The value of all salines, which were
the private property of individuals of the Western
Cherokees, and of which they were dispossessed
provided there be any such, shall be ascertained by
| the United States agent and commissioner to be
appointed by the Cherokee authorities; and should
they be unable to agree, they shall select umpire
| whose decision shall be final, and the several
amounts found due shall be paid by the Cherokee
Nation, or the salnes returned to their respective
owners =. ".st -
| ARTICLE 8. The United States agree to pay to
tho Cherokee Nation the sum of two thousand dol
lars for printing press, materials, and other pro.
pery destroyed at that time; the sum Of five thous.
and dollars, to be equally divided among all those
whose arms were taken from them previous to their
removal west by order of an officer of the United
States; and the further sum of twenty thousand
dollars in lieu of all claims of the Cherokee Nation
as nation, prior to the treaty of 1885, except all
lands reserved, by treaties heretofore made, fol
| school funds. t.."lt~@A"
ARTICLE 8. The United States agree to make a
| fair and Just settlement Of all moneys due to the
Cherokees and subject to the per capita divison un
der the treaty of 29th December, 1885, which said
. settlement shall exhibit all money properly expend
ed under said treaty, and shall embrace all sumo
i paid for improvements, ferries, spoliaons removal
and subsistence, and Communication therefor, debts
and claims upon the Cherokee Nation Of Indians, fol
the additional quantity of land coded to said nation
and the several provided in the several articles
of the treaty to be invested the general funds
the nation; and, also, all sums which may be here
after properly allowed and paid under the provisions
Of the treaty of 1895. The aggregate of which sait
4 several sums shall be deducted from the sum of 81,
million six hundred and forty-seve thousand ant
sixty-seven dollars and the balance thus found Il
be due shall be paid per capita in equal amount
to all those individuals, heads of families, or thei
legal representatives entitled to receive the SAM
4 under the treaty of 1885, and the supplement o
1885, being all those Cherokees residing east at tn
date of said treaty and the supplement thereto
ARTICLE 10. tits expressly agreed that nothing
in the foregoing treaty contained, shall be so con
strued in any manner to take away or abridge an.
rights or claims which the Cherokees now residing
in States east Of the Mississippi river had, or ma.
have, under the treaty of 1885 and the supplement
thereto.
II ARTICLE H. Whereas the Cherokee delegation
contend that the amount expended for the on