350 CHEROKEE NATION OF INDIANS. 
purchaser at the time of the sale, and was intended to forbid any sale 
on deferred payments. 
In the following spring! an agreement was entered into between the 
Cherokee authorities and the Atlantic and Pacific Railway Company, 
which involved a modification of the seventeenth article of the treaty of 
1866, and engaged to sell the ‘neutral lands” to that company on credit. 
This agreement was submitted by the Commissioner of Indian Affairs 
to the Seeretary of the Interior for transmission through the President 
to the Senate for ratification as an amended article to the treaty of 
July 19, 1866, but did not meet with favorable action. Subsequently” 
the Secretary of the Interior entered into an agreement with James F. 
Joy, of Detroit, Mich., whereby the latter became the purchaser of all 
that portion of the “neutral land” not subject to the rights of actual 
settlers, at the price of $1 per acre in cash. Difficulties having arisen 
by reason of the conflicting claims of the different would-be purchasers, 
it was finally deemed judicious to obviate them by coneluding a sup- 
plemental article to the treaty of 1866. This was accordingly done, at 
Washington, on the 27th of April, 1868, and the same was ratified and 
proclaimed on the 10th of June following.’ This supplemental treaty 
provided for the assignment by the American Emigrant Company to 
James F. Joy of its contract of August 30, 1866. It was further stip- 
ulated that that contract, in a modified form, should be reaffirmed and 
declared valid, and that the contract entered into with James F. Joy 
on the 9th of October, 1867, should be relinquished and canceled. 
Furthermore, it was agreed that the first contract, as modified, and the 
assignment to Joy, together with the relinquishment of the second con- 
tract, should be considered ratified and confirmed whenever such as- 
signment and relinquishment should be entered of record in the De- 
partment of the Interior and when James I’. Joy should have accepted 
such assignment and entered into a contract with the Secretary of the 
Interior to assume and perform all the obligations of the American 
Emigrant Company under the first mentioned contract as modified. 
The assignment of their contract with Secretary Harlan by the Amer- 
ican Emigrant Company to James I’. Joy was made on the 6th of June, 
1868. The contract of October 9, 1867, between Secretary Browning 
and James IF. Joy was relinquished by the latter June 8, 1868, and on 
the same day a new contract was entered into with Joy accepting the 
assignment of the American Emigrant Company and undertaking to 
assume and perform all the obligations of the original contractor there- 
under, subject to the modifications prescribed in the supplemental 
treaty of April 27, 1868.4 

!See report of Commissioner of Indian Affairs to Secretary of Interior, March 1, 
1867, transmitting the agreement. 
2 October 9, 1567. 
5 United States Statutes at Large, Vol. XVI, p. 727. 
4See Indian Office records. 
