Название | Native Americans: 22 Books on History, Mythology, Culture & Linguistic Studies |
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Автор произведения | James Mooney |
Жанр | Документальная литература |
Серия | |
Издательство | Документальная литература |
Год выпуска | 0 |
isbn | 9788027245475 |
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