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 D03209795Z 
 
messa<;k ov the president 
 
 Rh HMONo, Va.. Fol). 21), 1863. 
 To thf Ilowe of Reprcscntatirra : 
 
 I herewitli transmit, for your information, a communication from 
 the Secretary of War, covering a report from the Commissioner of 
 Indian Affairs in response to your resolution of the 6th inst., in re- 
 gard to sums invested or funded for the (I'herokee Indians under the 
 treaty of New Echota. 
 
 JEFFERSON DAVIS. 
 
 COMMUNICATION FROM THE SECRETARY OF WAR. 
 
 CoNFEUERATK StaTES OF AmERICA, i 
 
 War Department, > 
 
 Richmond, Va., Feb. 2(», 1863. ) 
 His Excellency, The President : 
 
 Sir : I have the honor to enclose a report fx'om the Commissioner 
 of Indian affairs in response to a resolution of the House of Represen- 
 tatives. 
 
 Very respectfully. 
 
 Your o^dient servant, 
 
 JAMES A. SEDDON. 
 
 Secretary of War. 
 
COMMrXK^ATlUN FROM S. S. SCOTT, COMMISSIONER OF 
 INDIAN AFFAIRS. 
 
 CoNKKDKRATK StaTKS OF AmkRICA, 1 
 
 War Depart mfnt. Office of Indian A (fairs, > 
 Iliclnuond, Va., Feb. 18, lSfJ3. ) 
 
 Hon. Jamks a. Seddon, 
 
 Secretary of ]Var : 
 
 SiK : I'be following resolution of the House of Representatives 
 was transmitted, " for attention and proper action," to this office on 
 the 12th instant: 
 
 '* Resolved, That tlie President be requested to inform this House 
 what sum or sums of money have been vested or funded for the 
 Cherokee Indians, east of the Mississippi river, out of the removal 
 and subsis^tence fund, under the treaty of the New Echota of 1835-36, 
 by the United States ; when the same was funded ; when the interest 
 was last paid; what le.i^islation has been heretofore enacted by the 
 United States, and what legislation is now necessary to carry into 
 effect the late treaty stipulations with said tribe." 
 
 In response to the demands of the House of Representatives as set 
 forth in tlie foregoing resolution, I have the honor to state, that the 
 treaty of New Echota, to which reference is therein made, was entered 
 into with the Cherokee Indians by the I'nited States, for the purpose 
 of inducing the former to remove to lands set apart for them west of 
 the Mississippi river, etc., and the 8th section reads as follows: 
 
 "The United States also agr^and stipulate to remove the Chcro- 
 kees to their new homes, and to subsist thorn one year after their 
 arrival there. * * * * Such persons and families, as in the 
 opinion of the emigrant agent, are capable of removing and sub- 
 sisting themselves, shall be permitted to do so; and they shall be 
 allowed in full for all claims for the same twenty dollars for each mem- 
 ber of their fiimily, and in lieu of their one year's rations, they shall 
 be paid the sum of fifty-three Collars and thirty-three cmls, if they 
 prefer it. Such Cherokees, also, as reside at present out of tlie na- 
 tion, and shall remove with them in two years west of the Mississippi, 
 shall be entipcd to allowance for removal and subsistence as above 
 provided." 
 
 From this chiuse of the treaty it will be perceived that this sum of 
 $53 33 was only granted to those Cherokees who removed west of 
 
the Missii^sippi within two years from the date of its ratification; but 
 by the fourth section of the act of July 29th, 1848, interest at 6 per 
 cent, on a like amount was allowed to every member of the nation 
 who were in North Carolina at the time of the said ratification, and 
 had not since removed west, or received commutation for removal and 
 subsistence. 
 
 The section referred to provides " That the Secretary of War cause 
 to be ascertained the number and names of such individuals and fami- 
 lies, including each member of every family of the Cherokee Nation 
 of Indians, that remained in the State of North Carolina at the time 
 of the ratification of the treaty of New Echota, May twenty-three, 
 eiglitocn hundred and thirty-six, and who have not removed west of 
 the Mississippi, or received the commutation for removal and subsis- 
 tence, and report the same to Secretary of the Treasury ; whereupon 
 the Secretary of the Treasury shall set apart out )f any moneys in 
 the Treasury, not otherwise appropriated, a sum equal to ffty-three 
 dollars and thirty-three cents for each individual ascertained as afore- 
 said, and that he cause to be pall to every such incjividual, or his or 
 her legal representative, interest at the rate o^ six per c(nt.\)er annum 
 on such per cii pita, from the said twenty-third day of May, eighteen 
 hundred and thirty-six, to the time of the passage of this act. and • 
 continue annually therrafrir said payment of interest at the rate 
 aforesaid." 
 
 No further legislation was had by the United States with regard to 
 this fund until March '3rd, 1855. when to get rid of the trouble of 
 paying the interest upon it annually, an appropriation was made with 
 the view of havjng the claim settled. 
 
 By the third section of this law of March 3rd. 1S55, it is enacted: 
 " That the Secretary of the Interior is hereby authorized and required 
 to cause to be paid to the North Carolina Cherokees embraced in the 
 roll of John C. Mullay, or the legal representatives of such of them 
 as had died since their enrolment, the sum of fifty-three dollars and 
 thirty-three cents, respectively, for the expenses of their removal and 
 subsistence, now held in trust by the United States, according to the 
 terms of the fourth section of the Act of twenty-ninth July, Anno 
 Domoni, eighteen hundred and foj^y-eight, for which purpose there 
 li hereby appropriated the sum oi forty-two thousand two hundred 
 and ninety dollars and sixty nine cents: Provided, That each and 
 every Indian so receiving such payment in full, shall give his assent 
 theieto : And provided further, That said Secretary shall be first satis- 
 fied that the State of North Carolina has, before such paymc>.t, by some 
 appropriate act, agreed that said Cherokees may remain permanently 
 in that State, any thing in the treaty of eighteen thirty-five, six. to the 
 contrary, notwithstanding.' 
 
 The debt was not extinguished, as wiis hereby intended, the State 
 of North Carolina having refused to pass the "appropriate act" re- 
 quired in the foregoing proviso; and the United States continued for 
 some time thereafter regularly to pay the interest upo'n it. 
 
 I have on file in my oflicc a paper, which purports to Itc a copy of a 
 roll of these North Carolina Cherokees, prepared under the direction of 
 
 d 
 

 the I'nited States. lt> cuiiectness is certified to by Juuies W. Ter- 
 rcll. of Qualla Town. North Carolinji, formerly United states a^ent. 
 fur the paynii-iit of interest upon this removal and subsistence fund. 
 
 By this roll it appears there Avcre fifteen hundred an<l seventeen In- 
 dians, -who were entitled to this interest under the act of July 29th, 
 1818. Since the passage of that actj-liowever, five, it is stated, have 
 removed West, and drawn commutation for removal and subsistence, 
 which they had the privelege of doing under the 5th section of said act. 
 
 According to this showing, the amount of interest due these Indians 
 by the United States, each year, was i.-; t,<S38.()I). 
 
 For what year the last payment of this interest was made, it is im- 
 possible to determine satisfactorily, from any information at present 
 Mithin the reach of this office. l*rivate letters in ^ny possession in- 
 dicate the year 185J). 
 
 It is. however, certain that no part of the interest, which accrued 
 subsequent to Janunry \st, 18G1, was ever paid; and if any. action on 
 this subject should be deemed advisable by Congress, 1 would respect- 
 fuUv suggest that it be based upon the supposition of that day being 
 the time, to which the last payment was made. 
 
 There is no evidence of the investment of this remov:il and subsis- 
 tence fund by the. United States. 
 
 I have the honor to be. 
 
 Very respectfully. 
 
 Your obedient servant, 
 
 S. S. SCOTT, 
 Commit i(-ni'r, ifr. 
 
penmaliFe* 
 
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