The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))Royce, Charles C.
History
The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))
Royce, Charles C.
Cherokee Indians -- Government relations; Cherokee Indians -- Treaties
For many years this additional claim of the "Old Settlers" practically
lay dormant. But toward the close[516] of the year 1875 they held
a convention or council at Tahlequah, the capital of the Cherokee
Nation, and resolved to prosecute their claim to a "speedy, just, and
final settlement." To that end three of their people were appointed
commissioners with full power to prosecute the claim, employ counsel,
and to do all other necessary and proper things in the premises. The
council set apart and appropriated 35 per centum of whatever should
be collected to defray all the necessary expenses attendant upon such
prosecution and collection. Several subsequent councils have been
held about the subject,[517] and the matter continued to be pressed
upon the attention of Congress until, by the terms of an act approved
August 7, 1882,[518] that body directed the Secretary of the Interior
to investigate this and other matters relating to the Cherokees and to
report thereon to Congress. Pursuant to the purpose of this enactment,
Mr. C. C. Clements was appointed a special agent of the Interior
Department with instructions to make the required investigation.
He submitted three reports on the subject, the latter two being
supplemental to and corrective of the first. From this last report[519]
it appears that he finds the sum of $421,653.68 to be due to the "Old
Settler" Cherokees, together with interest at 5 per cent. per annum
from September 22, 1851. In brief his findings are--
1. That they received credit, under the settlement made under the
treaty of 1846, for one-third of the fund, and were chargeable with
one-third of the items properly taxable thereto.
2. Independent of article four of the treaty of 1846, the "Old
Settlers" were not chargeable with removal out of the $5,000,000 fund.
3. Independent of that article, they should not be charged out of the
$5,000,000 fund with the removal of the Eastern Cherokees, for three
reasons: (_a_) The "Old Settlers" removed themselves at their own
expense; (_b_) the Eastern Cherokees were not required to reimburse the
"Old Settlers" under the treaty of 1835; and (_c_) the Government was
required to remove the Eastern Cherokees.
4. They were not properly chargeable with the removal of the Ross
party of 13,148, because (_a_) the United States were to remove them,
and (_b_) an appropriation of $1,047,067 was made for that purpose, for
which the "Old Settlers" received no credit in the settlement under the
treaty of 1846.
5. Having received credit for their proportion of the $600,000, under
article three of the treaty of 1836, they were chargeable with their
proportion of that fund used for removal, etc., _i.e._, 2,495 Indians
at $53.33 per head, amounting to $133,058.35.
6. The Eastern Cherokees were properly chargeable with the removal of
the Ross party, and therefore they received credit for the $1,047,067
appropriated by the act of June 12, 1838.
Public-domain text, read in full here on John Shaqi.
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