308 CHEROKEE NATION OF INDIANS. 
A year later, when the “ Old Settlers” were assembled for the pur- 
pose of receiving this per capita money, although their necessities were 
such as to compel compliance with the conditions of payment, they en- 
tered a written protest against the sum paid being considered in full of 
all their demands, and appealed to the United States for justice, indi- 
cating at the same time in detail wherein they were entitled to receive 
large additional sums. 
For many years this additional claim of the “Old Settlers” practi- 
cally lay dormant. But toward the close? of the year 1875 they held 
a convention or council at Tahlequah, the capital of the Cherokee Na- 
tion, and resolved to prosecute their claim to a ‘‘speedy, just, and final 
settlement.” To that end three of their people were appointed com- 
missioners with full power to prosecute the claim, employ counsel, and 
to do all other necessary and proper things in Me premises. The coun- 
cil set apart and appropriated 3 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,’ and the matter continued to be pressed upon 
the attention of Congress until, by the terms of an act approved 
August 7, 1882,* 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 De- 
partment with instructions to make the required investigation. He 
submitted three reports on the subject, the latter two being supple- 
mental to and corrective of the first. From this last report? it appears 
that he finds the sum of $421,653.68 to be due to the “Old Settler” 
Cherokees, together with inenees at 5 per cent. per annum from Sep- 
tember 99. 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 Set- 
tlers” 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 ex- 
pense; (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 
‘September 22, L851. 
2 November 22, 1875. 
% April 28, 1877, November 20, 1880, November 17, 1881, and October 13, 1582. 
*United States Statutes at Large, Vol. XXII, p. 328. 
5 January 31, 1883. 
