
ROYCE. ] TREATY OF AUGUST 6, 1846. 313 
themselves on record, the Cherokees accepted the money and complied 
with the conditions prescribed in the act of Congress. 
AFFAIRS OF THE NORTH CAROLINA CHEROKEES. 
As has been already remarked, at the time of the general removal of 
the Cherokee Nation in 1838 many individuals fled to the mountains of 
Tennessee and North Carolina and refused to emigrate. They always 
maintained their right to an equal participation in the personal bene- 
fits provided in the treaty of 1835, which, though not denied, was held 
by the executive authorities of the United States to be conditional 
upon their removal west. At length by an act of Congress approved 
July 29, 1848,' provision was made for causing a census to be taken of 
all those Cherokees who remained in the State of North Carolina after 
the ratification of the treaty of 1835 and who had not since removed 
west. An appropriation was made equal to $53.334 for each of such 
individuals or his or her representative, with interest at 6 per cent per 
annum from the 23d of May, 1836. Furthermore, whenever any of such 
individuals should manifest a desire to remove and join the tribe west 
of the Mississippi, the Secretary of War was authorized to expend their 
pro rata share of the foregoing fund, or so much thereof as should be 
necessary, toward defraying the expense of such removal and subsist- 
ence for one year thereafter, the balance, if any, to be paid to the indi- 
vidual entitled. The amount of this appropriation, it was stipulated, 
should be refunded to the United States Treasury from the general 
fund of the Cherokee Nation under the treaty of 1835. The census men- 
tioned was taken by J. C. Mullay in 1849, and the number found to be 
entitled to the benefits of the appropriation was 1,517,? which by addi- 
tions was increased to 2,133. Under the appropriation acts of Septem- 


treaty of 1835, was refused to be complied with and their people forced to receive 
rations in kind at double the cost. 
4. That the cost of the rations issued by the. commandant at Fort Gibson to 
“indigent Cherokees” was improperly charged to the treaty fund, without legal 
authority. 
5. That the United States was bound to reimburse the amount paid to some two 
or three hundred Cherokees who emigrated prior to 1835, but who were refused a 
participation in the ‘‘ Old Settler” fund. 
6. That the Cherokees who remained in the States of Georgia, North Carolina, and 
Tennessee were not entitled to any share in the per capita fund, inasmuch as they 
complied with neither of two conditions of their remaining East; and also because 
the census of those Cherokees was believed to be enormously exaggerated. 
7. That the sum of $103,000 had been charged upon the treaty fund for expenses of 
Cherokees in Georgia during three months they were all assembled and had reported 
themselves to General Scott as ready to take up their emigration march. 
8. That interest should be paid on the balance found due them from April 15, 1851, 
until paid, Congress having no power to abrogate the stipulations of a treaty. 
9. That $20,000 of the funds of the emigrant Cherokees were taken to pay the 
counsel and agents of the Old Settler party withont anthority. 
' United States Statutes at Large, Vol. IX, p. 264. "6 
2Commissioner of Indian Affairs to Secretary of Interior, February 10, 1874. 
