1T4 MYTHS OF THE CHEROKEE (eth.ann.I'J 



which the disputed hinds had been bought in by Johnston, he should 

 be allowed to hold them only as security for the balance due hiui until 

 paid, and that on the payment of the said balance of |7,06ti.ll. with 

 interest at 6 per cent from the date of the award, the Indians should 

 be entitled to a clear conveyance from him of the legal title to all the 

 lands embraced within the Qualhi boundary.' 



To enable the Indians to clear oti' this lien on their lands and for 

 other purposes. Congress in 1875 directed that as uuich as remained 

 of the ''removal and subsistence fund" set apart for their ben(>tit in 

 1848 should be used "in perfecting the titles to the lands awarded to 

 them, and to pay the costs, expenses, and liabilities attending their 

 recent litigations, also to purchase and extinguish the titles of any 

 white persons to lands within the general boundaries allotted to them 

 /by the court, and for the education, improvement, and civilization of 

 their people." In accordance with this authority the unpaid balance 

 and interest due Johnston, amounting to ^7,24-2.76, was paid him in 

 the same j'ear, and shortly afterward there was purchased on liehalf of 

 the Indians some fifteen thousand acres additional, the Commissioner 

 of Indian Affairs being cf)nstituted trustee for the Indians. For the 

 better protection of the Indians the lands were made inalienable except 

 by assent of the council and upon approval of the President of the 

 United States. The deeds for the Qualla boundary and the 15, 000 

 acre purchase were executed respectively on October 9, 1876, and 

 August ll, 1880.- As the boundaries of the ditierent purchases were 

 but vaguely defined, a new survey of the whole Qualla boundar_y and 

 adjoining tracts was authorized. The work was intrusted to M. S. 

 Temple, deputy United States surveyor, who completed it in 187H, his 

 survey maps of the reservation being accepted as the official standard.^ 

 The titles and boundaries having been adjusted, the Indian Office 

 assumed regular supervision of East Cherokee aflairs, and in June, 

 1875, the first agent since the retirement of Thomas was sent out in 

 the person of W. C. McCarthy. He found the Indians, according to 

 his report, destitute and discouraged, almost without stock or farming 

 tools. There were no schools, and very few full-bloods could speak 

 English, although to their credit nearly all could read and write their 

 own language, the parents teacliing the children. Under his authority 

 a distribution was made of stock animals, seed wheat, and farming 

 tools, and several schools were started. In the next year, however, 



iSee award of arbitrators, Kuftis Barringer, John H. Dillard, and T. Ruffin, with full statement, in 

 Eastern Band of Cherokee Indian-s against W. T. Thomas et al. H. R. Ex. Doe. 128, n'Sd Cong., '2d ses.s., 

 1894; summary in Royee, Cherokee Nation, Fifth .\nn. Rep. Bureau of Ethnology, pp. 31.5-318, 1888, 



2See Royee, op. eit., pp. 315-318: Commissioner T. J. Morgan, Report of Indian Commissioner, 

 p, xxix, 1890. The tinal settlement, under the laws of North Carolina, was not completed until 1894. 



=* Royee, op. eit., pp. 3].')-31S: Carrington, Eastern Band of Cherokees, with map of Temple survey, 

 Extra Bnlletin of Eleventh Census, 1892. 



