ROYCE. ] TREATY OF AUGUST 6, 1846 309 
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 pro- 
portion of that fund used for removal, etc., i. ¢., 2,495 Indians at $53.33 
per head, amounting to $133,058.35. 
6. The Eastern Cherokees were properly chargeable with the re- 
moval of the Ross party,and therefore they received credit for the 
$1,047,067 appropriated by the act of June 12, 1838. 
7. In the settlement, the $5,600,000 fund was charged with the re- 
moyal and subsistence of 18,026 Indians at $53.334 per head, amount- 
ing to $961,386.66.) 
This report, with accompanying letters of the Commissioner of Indian 
Affairs and the Secretary of the Interior, was transmitted to Congress 
by the President, with a special message, on the 17th of December, 1585. 
Other questions under the treaty of 1835.—There were two other ques- 
tions about which the parties could not agree, and upon which, by the 
eleventh article of the treaty of 1846, the Senate of the United States 
was designated as the umpire. The first of these was whether the 
amount expended for the one year’s subsistence of the Eastern Chero- 
kees, after their arrival in the West, should be borne by the United 
States or by the Cherokee funds, and, if by the latter, then whether sub- 
sistence should be charged at a greater rate than $334 per head. 
The Senate committee to whom the subject was referred for report to 
that body found much difficulty, as shown by their report, in reaching 
a just conclusion. They observed that the faulty manner in which the 
treaty of 1835 was drawn, its ambiguity of terms, and the variety of 
constructions placed upon it, had led to a great embarrassment in ar- 
riving at the real intention of the parties, but that upon the whole the 
opinion seemed to be justified that the charge should be borne by the 
United States. By a strict construction of the treaty of 1835, the ex- 
pense of a year’s subsistence of the Indians was no doubt a proper 
charge upon the treaty fund and was so understood by the Government 
at the time. In the original scheme of the treaty furnished the com- 
missioners empowered to treat with the Indians this item was enumer- 
ated among the expenditures, ete., to be provided for in its several 
articles, and which made up the aggregate sum of $5,000,000 to be paid 
for the Cherokee country. The Secretary of War, in a letter addressed 
to John Ross and others in 1836, had said that the United States, having 
allowed the full consideration for their country, nothing further would 
be conceded for expenses of removal and subsistence. The whole his- 
tory of the negotiation of the treaty shows that the $5,000,000 was the 
maximum sum which the United States were willing to pay, and that 
1 See Senate Executive Document No. 14, Forty-Eighth Congress, Ist session. 
