ROYCE. | TREATY OF AUGUST 6, 1846. 511 
they were aliens to the treaty of 1835 and unfettered by its provisions, 
they proposed to release all claim to their country and emigrate for a 
named sum of money in connection with other conditions, among which 
was the stipulation that they should be allowed to take charge of their 
own emigration and that the United States should pay the expenses 
thereof. To avoid the necessity of enforcing the treaty at the point of 
the bayonet and to obtain relief from counter obligations to Georgia 
by the compact of 1802 and to the Cherokees by the treaties of 1817 
and 1819, the proposal was readily acceded to by the United States 
authorities. 
On the 18th of May, 1838, the Secretary of War addressed a reply to 
the proposals of the Cherokee delegation, in which he said: 
If it be desired by the Cherokee Nation that their own agents should have charge 
of their emigration, their wishes will be complied with and instructions be given to 
the commanding general in the Cherokee country to enter into arrangements with 
them to that effect. With regard to the expense of this operation, which you ask 
may be defrayed by the United States, in the opinion of the undersigned the request 
ought to be granted, and an application for such further sum as may be required for 
this purpose shall be made to Congress. 
A recommendation was made to Congress in compliance with this 
promise. Based upon an estimate of the probable cost thereof, Con- 
gress by act of June 12, 1838,! appropriated the sum of $1,047,067 in 
full for all objects specified in the third article of the treaty and the 
further object of aiding in the subsistence of the Indians for one year 
after their removal, with the proviso that no part thereof should be de- 
ducted from the $5,000,000 purchase money of their lands. 
Here was a Clear legislative affirmation of the terms offered by the 
Indians and acceded to by the Secretary of War. It was a new con- 
tract with the Ross party, outside of the treaty, or rather a new con- 
sideration offered to abide by its terms, by which the Secretary of War 
agreed that the expenses of removal and subsistence, as provided 
for by the treaty of 1835, should be borne by the United States, and 
Congress affirmed his act by providing that no part of the sum appro- 
priated should be charged to the treaty fund. The appropriation thus 
made proved wholly inadequate for the purposes of removal and subsist- 
ence, the expense of which aggregated $2,952,196.26,? of which the sum 
of $972,844.78 was expended for subsistence. Of this last amount, 
however, $172,316.47 was furnished to the Indians when in great desti- 
tution upon their own urgent application, after the expiration of the 
“one year,” upon the understanding that it was to be deducted from 
the moneys due them under the treaty. This left the net sum of 
$800,528.31 paid for subsistence and charged to the aggregate fund. Of 
this sum the United States provided by the act of June 12, 1835, for 
$611,105.55, leaving unprovided for, the sum of $189,422.76. This, 
1 United States Statutes at Large, Vol. V, p. 241. 
2See report of Second Auditor and Second Comptroller to Congress, December 3, 
1849. 
