338 CHEROKEE NATION OF INDIANS. 
tribal organization shall so settie without such consent, unless the 
President, after a full hearing of the Cherokee objections thereto, shall 
deem them insufficient and authorize such settlement. 
16, The United States may settle friendly Indians on any Cherokee 
lands west of 96°; such lands to be selected in compact form and to 
equal in quantity 160 acres for each member of the tribe so settled. 
Such tribe shall pay therefor a price to be agreed upon with the Chero- 
kees, or, in the event of failure to agree, the price to be fixed by the 
President. The tract purchased shall be conveyed in fee simple to the 
tribe so purchasing, to be held in common or allotted in severalty as the 
United States may decide. 
The right of possession and jurisdiction over the Cherokee country 
west of 96° to abide with the Cherokees until thus sold and oceupied. 
17. The Cherokee Nation cedes to the United States, in trust to be 
surveyed, appraised, and sold for the benefit of that nation, the tract of 
800,000 acres sold to them by the United States by article 2, treaty of 
1835, and the strip of land ceded to the nation by article 4, treaty of 
1835, lying within the State of Kansas, and consents that said lands 
may be included in the limits and jurisdiction of said State. The ap- 
praisement shall not average less than $1.25 per acre, exclusive of im- 
provements. 
The Secretary of the Interior shall, after due advertisement for sealed 
bids, sell such lands to the highest bidders for cash in tracts of not 
exceeding 160 acres each at not less than the appraised value. Settlers 
having improvements to the value of $50 or more on any of the lands 
not mineral and occupied for agricultural purposes at the date of the 
signing of this treaty, shall, after due proof under rules to be prescribed 
by the Secretary of the Interior, be allowed to purchase at the appraised 
value the smallest quantity of land to inelude their improvements, not 
exceeding 160 acres each. 
The expenses of survey and appraisement shall be paid out of the 
proceeds of the sale of the lands, and nothing herein shall prevent the 
Secretary of the Interior from selling to any responsible party for cash 
all of the unoccupied portion of these lands in a body, for not less than 
$800,000. 
18. Any lands owned by the Cherokees in Arkansas or in States east 
of the Mississippi River may be sold by their national council, upon 
the approval of the Secretary of the Interior. 
19. All Cherokees residing on the ceded lands desiring to remove to 
the Cherokee country proper shall be paid by the purchasers the ap- 
praised value of their improvements. Such Cherokees desiring to re- 
main on the lands so occupied by them shall be entitled to a patent in 
fee simple for 320 acres each, to include their improvements, and shall 
thereupon cease to be members of the nation. 
20. Whenever the Cherokee national council shall so request, the 
Secretary of the Interior shall cause the country reserved for the 
