MooNEY] AD.irsTMENT (JK TlTl.KS 1873-70 1 7.'{ 



fOVcrniiKMitiil supervision, need \v:is felt of sonio ci'ntrjii autlioritv. 

 On nei-t'iiilxT '.•, IStj.S. a ooncnil (•ouiicii of the East Ciicrokcc asst'nil)l('(l 

 at Cheowa, in (irahani county. North Carolina, tooiv preliminary stops 

 towanl the adoption of a rejrular form of tribal (joveniment under 

 a constitution. N. .1. Smitli, afterwai-d princij)ai chief, was ciei-k 

 of the council. The new o-overnment was foi'mally inauji'ui'ated on 

 December 1, ISTO. It provided for a first and a second chief to 

 .serve for a term of two years, iiiinoi' otiicers to serve one year, and 

 an annual council representing each Cherokee settlement within the 

 state of North Carolina. Ka'lahu'.'"All-bones."comnK)nly known to the 

 whites as Flying-squirrel or Sawnook (Sawanu'gl). was elected chief. 

 A new con.stitution was adopted five years later, by which the chief's 

 term of office was tixed at four years.' 



The status of the lands held Iiy the Indians had now ))ecome a matter 

 of .serious concern. As has t)een stated, the deeds had been made out 

 by Thomas in his own name, as the state laws at that time forbade Indian 

 ownership of real estate. In conse(iuence oi his losses during tlie 

 war and his subsequent disability, the Thomas projK'rties, of wliich 

 the Cherokee lands were t(H'hnically a part, had become involved, so 

 that the entire estate had passed into the hands of creditors, the most 

 important of whom, William .lohnston, had obtained slieriti's deeds in 

 18t)9 for all of these Indian lands under three several jutlgments against 

 Thomas, aggregating 1|8:3,8M7. 11. To adjust the matter so as to secure 

 title and possession to the Indians, Congress in 1870 authorized suit to 

 be brought in their name for the recovery of their interest. This suit 

 was begun in May, 187-S, in the Cnited States circuit court for western 

 North Carolina. A year later the matters in dispute were submiltcd 

 by agreement to a board of arbitrators, whose award was conhrmed by 

 the court in November, 187-1. 



The award finds that Thomas iiad purchased with Indian funds a 

 tract estimated to contain 50. ()()() acres on Oconaluftee river and Soco 

 creek, and known as the Qualla boundary, together witli a number of 

 individual tracts outside the boundary; that the Indians were still 

 indebted to Thomas toward the ])urchase of the Qualla boundary 

 lands for the sum of $18,250, from which should be deducted i^^('>.500 

 paid by them to Johnston to release titles, with interest to date of 

 award, making an aggregate of $8,48*), together with a fuither sum 

 of $2,-1:78, which had been intrusted to Terndl, the business clerk and 

 assistant of Thomas, and by him turned over to Thomas, as creditor of 

 the Indians, under power of attorney, this latter sum, with interest to 

 date of award, aggregating $2,tj!»7.8it; thus leaving a balance due from 

 the Indians to Thomas or his legal creditor. Johnston, of $7,066.11. 

 The award declares that oti accouid of the (|uestionabie mannei- in 



'Constitution, etc., ciuoted in Carringlon, liasti'iii liaml of Cliunikous, ivxira Hiillulin V.\<- 

 Census, pp. lS-20, 1892; author's pyrsonal inlorniatiDn. 



