874 TREATY WITH THE CHEROKEES. AUG. 6, 1846. Anwrcnz V. Theper up- It is mutually agreed that the per capita allowance to be given to ¥V**°U°"¤*g=; °* the “Western Cherokees/’ or “Old Settlers," upon the principle kegwt? be {zi; above stated, shall be held in trust by the government of the United in trust by U. S., States, and paid out to each individual belonging to that party or head °‘°· of family, or his legal representatives, jrsl deducting tim-qf}·am the sum of thousand dollars, to be paid to the delegation of that por. tionqf the Cicero/ccc people who are parties to the treaty, to dg"ray the expenses of prosecuting their claims against the government of the United States, including the late Captain John Rogers. (a) And it is further agreed, that the per capita allowance to be paid as aforesaid Noe msgasble. shall not be assignable, but shall be paid directly to the persons entitled to it, or to his heirs or legal representatives, by the agent of the United States, authorized to make such payments. Cgmmiftgg of And it is further agreed that a committee of live persons shall be 5*** Mm Pm1f appointed by the President of the United States, from the party of md S°m°"' “Old Settlers," whose duty it shall be, in conjunction with an agent of the United States, to ascertain what persons are entitled to the per capita allowance provided for in this and the preceding article. ARTICLE VI. And whereas many of that portion of the Cherokee people known Indemnity my and designated as the "Treaty Party," have suffered losses and incurred ligjagmigqgi expenses in consequence of the treaty of 1835, therefore, to indemnify 1, P,.},-;g, ’ the Treaty Party, the United States agree to pay to the said Treaty Party Provision for the sum of one hundred and fifteen thousand dollars, of which the sum heirs or Major of five thousand dollars shall be paid by the United States to the heirs glgggr and or legal representative of Major Ridge, the sum of five thousand dol- Boudiinot. lars to the heirs or legal representatives of John Ridge, and the sum of five thousand dollars to the heirs or legal representatives of Elias Boudinot, and the balance, being the sum of one hundred thousand dollars, which shall be paid by the United States, in such amounts and to such persons as may be certified by a committee to be appointed by the Treaty Party, and which committee shall consist of not exceeding five persons, and approved by an agent of the United States, to be entitled to receive the same for losses and damage sustained by them, or PWM_ by those of whom they are the heirs or legal representatives: Provided, That, out of the said balance of one hundred thousand dollars, the present delegation of the Treaty Party may receive the sum of twenty- five thousand dollars, to be by them applied to the payment of claims and other expenses. And it is further provided that, if the said sum of one hundred thousand dollars should not be sufficient to pay all the claims allowed for losses and damages, that then the same shall be paid to the said claimants pro rata, and which payments shall be in full of all claims and losses of the said Treaty Party. Aaucr.1: VII. _ Value of sa· The value of all salines which were the private property of . indi- 3Q:;? ;’:d”“;:i‘E viduals of the Western Cherokees, and of which- they were disposto individuals sessed, provided there be any such, shall be ascertamed by the United Q;*P°”°'*°d °f States agent, and a commissioner to be appointed by the Cherokee au- °m' thorities; and,_should they be unable to agree, they shall selectvan umpire, whose decision shall be final; and the several amounts found due
(a) Thess words in Italics were struck out by the Senate. See post, p. 36.
