314 CHEROKEE NATION OF INDIANS. 
ber 30, 1850, and February 27, 1851, these Cherokees remaining east of 
the Mississippi were entitled to their pro rata share of the amounts thus 
appropriated. Alfred Chapman was accordingly detailed! from the In- 
terior Department to make the per capita payment, and was furnished 
with the amounts of $41,367.31 and $156,167.19 under those respective 
acts. He was directed to base his payments upon the census roll fur- 
nished him, which showed 2,133 Indians to be entitled. By section 3 of an 
actapproyed March 3, 1855,? provision was made for the distribution per 
capita among the North Carolina Cherokees on the Mullay roll® of the 
fund established by the act of July 29, 1845, provided that each Indian 
so receiving such payment in full should assent thereto. As a further 
condition to the execution of this act it was stipulated that satisfactory 
assurance should be given by the State of North Carolina, before such 
payment, that the Cherokees in question should be permitted to remain 
permanently in that State. The desired legislative assurance was not 
given by North Carolina until February 19, 1866, and the money was 
not, therefore, distributed, but carried to the surplus fund in the Treas- 
ury. Afterwards, by act of March 3, 1875,‘ it was made applicable to 
the purchase and payment of lands, expenses in quieting titles, ete. 
In order to determine who were the legal heirs and representatives of 
those enrolled in 1849, but since deceased, the Secretary of the Interior 
was directed by an act of Congress, approved July 27, 1868,° to cause 
another census to be taken, to serve as a guide in future payments. It 
was further provided by the same act that the Secretary ofthe Interior 
should cause the Commissioner of Indian Affairs to take the same super- 
visory charge of this as of any other tribe of Indians. 
This second census was taken by 8. H. Sweatland in 1869, and he 
was instructed to make payment of interest then due to the Indians, 
guided by his roll, but on the same principle on which previous pay- 
ments had been effected, that is, to those individuals only whose names 
appeared on the Mullay census roll, or their legal heirs or representa- 
tives, as ascertained by census taken by himself. As remarked by the 
Commissioner of Indian Affairs, the difficulty of tracing Indian geneal- 
ogy through its various complications, in order to determine who are 
legal representatives of deceased Indians, without any rules by which 
hereditary descent among them may be clearly established, was fully 
demonstrated in the payment made by Mr. Sweatland, which was the 
occasion of many complaints and even of litigation. 
' November 20, 1851. 
* United States Statutes at Large, Vol. X, p. 700. 
*The fourth section of this same act made provision that the eighth section of 
the act of July 31, 1854 (United States Statutes at Large, Vol. X, pp. 315), author- 
izing the payment of per capita allowance to Cherokees east of the Mississippi, be so 
amended as to authorize the payment of all such Cherokees as, being properly entitled, 
were omitted from the roll of D, W. Siler from any cause whatever, 
‘*United States Statutes at Large, Vol. XVIII, p. 447. 
5 United States Statutes at Large, Vol. XV, p. 228. 
