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 STEPHEN B. WEEKS 
 
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 HIE WEEKS COLKCTTON 
 
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 C970.03 
 
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 1873 
 
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 FOR USE ONLY IN 
 HE NORTH CAROLINA COLLECTION 
 
 Form No. A 368 
 
Digitized by the Internet Archive 
 
 in 2012 with funding from 
 
 University of North Carolina at Chapel Hil 
 
 http://archive.org/details/unitedstatesagaiOOunit 
 
mtccl States (Circuit Court, 
 
 Western District of North Carolina. 
 
 
 In Equity. 
 
 The United States 
 
 against 
 
 Bill. 
 
 William H. Thomas, W. L. Hilliard, 
 
 AND OTHERS, i 
 
 
Jit €pti). 
 
 To the Honorable tlie Judges of the Circuit 
 Court of the United States for the West- 
 ern District of North Carolina: 
 
 The United States of America, brings this its bill 
 
 against William H. Thomas, W. L. Hilliard, guardian, AVill- 
 iam Johnston, James W. Terrell, Thomas D. Johnston, John 
 Q. Smith, Penn Kline, alias W. P. Hyde, David Johnson, 
 Geo. W. Gibson, Christianberry Howell, Tabitha Tompkins, 
 Thomas Mills, J. H. Mosely. A. H. Hayes, H. A. Keener, E. S. 
 Keener, Berry Cooper, D. W. (or Bose) Love, J. B. Keener, 
 John R. Kimsey, H. S. Baker, Bartlett Dills, W. A. Enloe, 
 Humphrey Childers, I. M. Hensley, M. C. Hensley, T. W. 
 Keener, Eliza Keener, Albert S. Keener, H. P. Childers, Ar- 
 minda Wilson, Nimrod Childers, Landon Tompkins, C. C. Mar- 
 tin, W. C. Martin, A. Keener, John M. Enloe, N. R. Kinsey, 
 T. C. Childers, Wm. II. Thomas, jr., Jackson Williams, John 
 Enloe, Susannah E. Hyde, Cling Childers, Mary E. Hyde, W. 
 H. Enloe, Ute Sherrell, Wm. Cooper, Carroll Martin, George 
 Sherrell, Uriah Cooper, Robert Burchfield, Joseph Keener, 
 John Kimsey, Smith Baker, Blue Baker, Baker the elder, 
 
 Putman, George Keener, Will Laney, AVill Davis, 
 
 McNesia, Winchester, Coleman Scea, James 
 
 Edwards, Andrew Burchfield, Harrison Coleman, Richard Dills, 
 Ramsey Gibson, Budd Johnson, Eliza Tomkins, Bill Moseley, 
 Budd Parker, Andrew Shields, I. V, Cooper, Reuben Carver, 
 
 23078 1 
 
2 
 
 D. K. Blanton, A. 13. Hyatt, Tyra Higdon, John Grant, James 
 G. Brooks, Martin Parker, Isaac Loving-good, Benjamin Kil- 
 lian, James Williamson, John Graves, John Docker}-, Win. 
 Cline, N. 0. Rabb, Gus Bradley, Uewitt Ghomley. 
 
 And thereupon your oi'ator complains and 
 says : 
 
 I. That heretofore, to wit, on the 29th of December, 1835, a 
 treaty (7 Stats., 478) was made and concluded between your or- 
 ator and the Chiefs, Head-men, and People of the Cherokee tribe 
 of Indians, at New Echota, in the State of Georgia, and was 
 duly ratified and proclaimed; that the principal object of the 
 said treaty was to effect the removal of the said tribe of In- 
 dians from the territory then occupied by them east of the 
 river Mississippi to a region of country set apart for them 
 west of the said river; that the said treaty also provided (arti- 
 cle 12) that "those individuals and families of the Cherokee 
 nation that are averse to a removal to the Cherokee country 
 west of the Mississippi and are desirous to become citizens of 
 the States where they reside, and such as are qualified to take 
 care of themselves and their property, shall be entitled to re- 
 ceive their clue portion of all the personal benefits accruing 
 under this treaty for their claims, improvements, and per cap- 
 ita, as soon as an appropriation is made for this treaty"; that in 
 pursuance of this article of the treaty, Congress, by the fourth 
 and fifth sections of an act approved 29th July, 1848 (9 Stats., 
 264), entitled "An act making appropriations for the current 
 and contingent expenses of the Indian Department and for 
 fulfilling treaty stipulations with the various Indian tribes for 
 the year ending June thirtieth, eighteen hundred and forty- 
 nine, and for other purposes," provided as follows: 
 
 Sec. i. And be it further enacted, That the Secretary of War 
 cause to be ascertained the number and names of such individuals 
 and families, including each member of every family of tbe Chero- 
 kee Nation of Indians, that remained in the State of North Caro- 
 
 c- 
 
lina at the time of the ratification of the treaty of New Echota, 
 May twenty-three, eighteen hundred and thirty-six, and who have 
 not removed west of the Mississippi, or received the commutation 
 for removal and subsistence, and report the same to the Secretary 
 of the Treasury; whereupon the Secretary of the Treasury shall 
 set apart, out of any moneys in the Treasury not otherwise appro- 
 priated, a sum equal to fifty-three dollars and thirty-three cents 
 for each individual ascertained as aforesaid, and that he cause to 
 be paid to every such individual, or his or her legal representative, 
 interest at the rate of six per cent, per annum on such per capita, 
 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 thereafter said payment of interest, at the rate aforesaid. 
 Sec. 5. And be it further enacted, That whenever, hereafter, any 
 individual or individuals of said Cherokee Indians shall desire to 
 remove and join the tribe west of the Mississippi, then the Secre- 
 tary of "War shall be authorized to withdraw from the fund set 
 apart as aforesaid the sum of fifty-three dollars aud thirty-three 
 cents and the interest due and unpaid thereon, aud apply the same, 
 or such part thereof as shall be necessary, to the removal aud sub- 
 sistence of such individual or individuals, and pay the remainder, 
 if any, or the whole, if the said Indians or any of them shall prefer 
 to remove themselves, to such individuals or heads of families upon 
 their removal west of the Mississippi : Provided, That the amount 
 herein required to be funded for the benefit of the said Cherokees 
 in North Carolina and the amount required to be paid them shall 
 be charged to the general Cherokee fund, under the treaty of New 
 Echota, and shall be reimbursed therefrom. 
 
 II. And your orator avers that Congress, in the exercise of 
 the discretion conferred on it by the said twelfth article, having 
 concluded, and so provided by the said act of 29th July, 184S, 
 that it was best for the members of the tribe who had chosen to 
 remain in the State of North Carolina that the principal of the 
 per capita money coining' to them under the said twelfth article 
 should not be paid to them, but should be held by your 
 orator, and that your orator should pay them interest on the 
 said money at the rate of G per cent, per annum from the 23d 
 of May, 1836, to the date of said act, and annually thereafter, 
 your orator avers that the effect of the said twelfth article and 
 
the said act of the 29th July, 1848, was to make your orator 
 a trustee of the said money for the benefit of the said Indians, 
 and to clothe your orator with unusual duties and responsibili- 
 ties, in view of the helpless and dependent condition of those 
 for whom the trust was established; and your orator avers 
 that Congress, with a sense of the peculiar duties and responsi- 
 bilities of your orator in the premises, and in further recogni- 
 tion of the said trust, declared by the third section of an act ap- 
 proved the 27th July, 18G8, entitled "An act to transfer to the 
 Department of the Interior certain powers and duties now ex- 
 ercised by the Secretary of the Treasury in connection with 
 Indian affairs " (15 Stat., 228), "That hereafter the Secretary 
 of the Interior shall cause the Commissioner of Indian Affairs 
 to take the same supervisory charge of the Eastern or North 
 Carolina Cherokees as of other tribes of Indians;" and, as a 
 further recognition of the trust that had been devolved upon 
 your orator as aforesaid, Congress, by an act approved 3d 
 March, 1875 (18 Stat,, 447), directed that the fund set apart 
 for the said Indians by the said act of the 29th July, 1848, 
 should be applied, under the direction of the Secretary of the 
 Interior, to perfect the titles of lands which had been then re- 
 cently awarded the said Indians by decree of the circuit court 
 of the United States for the western district of North Carolina ; 
 to the payment of such costs of certain litigation as the said 
 Secretary might deem properly chargeable to them; to pur- 
 chasing and extinguishing the titles of any white persons within 
 the general boundaries allotted to the said Indians by the said 
 decree; and to the education, improvement, and civilization of 
 the said Indians ; and your orator avers that, in further execu- 
 tion of the said trust, Congress enacted the following provision 
 as part of an act approved 15th August, 1876 (19 Stat., 197, 198): 
 
 That tlie balance of the fund of the Eastern Band of Cherokee 
 Indians, appropriated by tbe act of March third, eighteen hundred 
 and seventy-five, shall, upon the first day of July, eighteen hun- 
 dred and seventy-six, be placed to their credit upon the books of 
 
the Treasury Department, ami shall bear interest at the rate of 
 five per centum per annum ; and the Secretary of the Interior is 
 hereby authorized to use annually for agricultural implements and 
 for educational purposes among said Indians so much of the prin- 
 cipal of said fund as, with the interest annually accruing thereon, 
 shall amount to six thousand dollars ; and three hundred dollars of 
 said sum shall be paid to the superintendent of common schools 
 in North Carolina who shall have the supervision of the schools of 
 the Cherokees of said State under the direction of the Commis- 
 sioner of Indian Affairs, 
 
 and the following provisions, as part of an act approved March 
 3, 1877 (19 Stat., 291-2): 
 
 The Secretary of the Interior may, at his discretion, use a portion 
 of the money appropriated in the Indian appropriation act of fif- 
 teenth August, eighteen hundred and seventy-six, for the support 
 of schools among the Eastern Band of Cherokee Indians, in aid of 
 schools among said Cherokees residing in Tennessee and Georgia. 
 
 For this amount, or so much thereof as may be necessary, to en- 
 able the Secretary of the Interior to employ counsel to defend suits 
 now pending against the North Carolina Cherokees, one thousand 
 dollars ; said amount to be expended out of the funds in the United 
 States Treasury belonging to said North Carolina Cherokees. 
 
 And your orator avers that other provisions of law equally 
 confirmatory of the trust aforesaid will be hereinafter referred 
 to. 
 
 III. And your orator avers that, after the making of the 
 said treaty, considerable sums of money were from time to 
 time paid to the defendant William H. Thomas, as agent of 
 the said Indians, by your orator, under former treaties and 
 under acts of Congress, and that so much of the said money 
 as belonged to those members of the tribes that had concluded 
 to remain in the State of North Carolina was, to a large 
 extent, allowed to remain in the hands of the defendant 
 William H. Thomas, as agent, for the purpose of being 
 invested for the said Indians in lands in the said State ; that 
 Thomas did in fact buy a large quantity of land situated in 
 the southwest corner of the said State, in Cherokee, Jackson, 
 23678 2 
 
Graham, and Swain Counties, with the money thus intrusted 
 to him, but had the same conveyed to himself without any 
 reference in the conveyances to his relation of agent and trustee 
 of the said Indians. 
 
 IV. And your orator avers that there were mutual accounts 
 between the said Indians and their agent, Thomas, who car- 
 ried on a large business in furnishing them with supplies of 
 all sorts ; that while these accounts remained still open the 
 said Thomas became embarrassed in his circumstances ; and 
 it then came to the knowledge of the said Indians that the 
 lands purchased for them by Thomas with their money had 
 become, owing to the fact that the same were conveyed to 
 Thomas, subject to the lien of three judgments held by the 
 defendant, William Johnston, and amounting in the aggre- 
 gate to a large sum of money, as will particularly appear 
 hereafter; that Johnston sued out executions on the said judg- 
 ments and levied the same and sold the said lands, he himself 
 becoming the purchaser thereof, at prices much below their 
 value, and receiving title from the sheriff or sheriffs; that after- 
 wards the said Johnston, recognizing the equities of the said 
 Indians, agreed with them that they might redeem the lands 
 bought by him under the said judgments, and that the Indians -j 
 made payments to him under this agreement amounting to a 
 large sum of money. 
 
 V. And your orator avers that in this state of things Con- 
 gress passed the act of the 15th July, 1870 (1G Stat, 362), 
 empowering the said Indians, by the name and style of "The 
 Eastern Band of the Cherokee Indians," to sue their present 
 or any former agent in the district or circuit courts of the 
 United States; that pursuant to said act the said Indians filed 
 a bill in equity in the circuit court of the United States for 
 the western district of North Carolina against William H. 
 Thomas, AVilliam Johnston, and James W. Terrell ; that at 
 
the May term, 1874, of the said circuit court the said cause 
 and a suit at law, also brought under the said act of 1870 by 
 the United States and the said Eastern Band of the Cherokee 
 Indians against James TV. Terrell, a former agent of the United 
 States for the said Indians, and TV. H. Thomas, William John- 
 ston, A. J. Murray, and J. B. Allison, his sureties, together with 
 all unsettled matters connected with said suits, "as well as any 
 and all unsettled matters between any of said parties and any 
 of the Cherokee Indians residing in North Carolina, growing- 
 out of any of the dealings between said Indians, or any of them, 
 and William H.Thomas, acting as their agent or otherwise, espe- 
 cially in relation to their alleged indebtedness to him for services, 
 supplies, etc., and his alleged indebtedness to them on account 
 of the management, disposal, or investment of their funds in 
 his hands as agent or otherwise ; and touching all contracts in 
 relation to lands, and for services rendered, or otherwise, for 
 or with them, or otherwise ; also all unsettled matters growing 
 out of the agency of James W. Terrell as a disbursing agent of 
 the Government, as well as all matters of controversy between 
 the said Indians, or any of them, and William Johnson, de- 
 fendant, touching the right to land purchased by him at exe- 
 cution sale as the property of William H. Thomas, as well as t/f/^ 4^A/Vu^L/ ™ 
 the contracts of sale between him and the said Indians/'^ that f y-/~ *- a^Jj 
 in October, 1874, the said arbitrators filed their award, dated^y l » s? / 
 
 23d October, 1874, and that the same was made an order oidtsCu/hffJO / /fcl/ 
 court at the next ensuing November term of the said court. /j£A/H^a y i^r' >tni~/\/r f 
 
 VI. And your orator avers that the said arbitrators found iM// g/fj J £k^U' 
 that upon a statement of the accounts between the said In- y» 
 dians and their agent, Thomas, the former were indebted tot/Y/Tzi <&f 
 the latter in the sum of 818,250, but that this amount was 
 subject to a credit of $8,486, being the amount, with interest, 
 that had been paid to the judgment creditor, Johnston, by the 
 Indians towards redeeming their lands, and that the balance 
 of $9,764 was subject to a further credit of $2,697.89, being 
 
8 
 
 the amount of what had been irregularly turned over by Ter- 
 rell, as a disbursing' agent of the Government, to Thomas, which 
 amount, however, it became the duty of Thomas to apply to 
 the balance of purchase-money due him as money belonging 
 to the Indians, which he was authorized to receive as their at- 
 torney in fact, thus leaving $7,066.11 as the actual debt of the 
 Indians to Thomas at the date of the award; and the arbitra- 
 tors awarded that upon the payment of this sum of $7,066.11 
 by the Indians to the judgment creditor, Johnston, the Indians 
 should have a perfect equity to have and demand of him, the 
 said Johnston, a conveyance of the legal title to all the lands 
 embraced within Qualla Boundary, a tract of land containing 
 about 50,000 acres, the title to be made to them or to some 
 trustee for them, and that until such conveyance should be 
 made, the said Johnston, so soon as the said balance should be 
 paid him, should himself stand seized as a naked trustee of said 
 lands to the use of the said Indians ; that the said arbitrators 
 did, furthermore, find that the said agent, Thomas, had sold and 
 conveyed certain tracts of land lying within the said Qualla 
 Boundary to certain individuals of the said Eastern Band of 
 Cherokees, and had contracted to sell certain tracts of land 
 lying within said Qualla Boundary to certain other individuals 
 of the said band, and that the said arbitrators did award that 
 upon the payment of the said sum of $7,066.11 the said in- 
 dividual Indians should possess these several tracts as their 
 separate property "with the quality of being inheritable, but 
 without the power of alienation, except from one Indian to 
 another, and then only with the assent of the council; " and the 
 said arbitrators did further find that the said Thomas had sold 
 and conveyed certain tracts of land not embraced by the 
 Qualla Boundary tract to several individual Indians, and had 
 contracted to sell certain other tracts also, outside said Qualla 
 Boundary, to other individual Indians, and did further find that 
 of the individuals last mentioned Ka-yu-kah (or Ground Squir- 
 rel) and James Taylor were entitled to deeds, and awarded 
 
that Thomas and Johnston should make the proper deeds to 
 them and to the others when they should be entitled to receive 
 conveyances under the several contracts between them and 
 Thomas, all which will more fully and at large appear by ref- 
 erence to a copy of the award herewith filed and exhibited and 
 marked Exhibit A, which your orator prays may be held and 
 taken as part and parcel of this bill of complaint to the same 
 extent as if set forth at length herein. 
 
 '&■ 
 
 VII. And your orator avers that the said Indians, having- 
 paid the said William Johnston the said sum of $7,066.11, he, 
 the said Johnston, and his wife, Lucinda M. Johnston, by an in- 
 denture dated the 9th October, 1876, conveyed the said Qualla 
 Boundary tract to the said Indians by the name and style of 
 "The Eastern Band of North Carolina Cherokee Indians," 
 their heirs and successors, forever, "but without the power of 
 alienation, except by and with the assent of their council and 
 the approval of the President of the United States," a copy of 
 which said deed is herewith filed and exhibited, marked Ex- 
 hibit C. 
 
 VIII. And your orator avers that, after crediting the said 
 judgments by the sums paid, and to be paid, by the Indians 
 in discharge of the balance due by them to their agent, 
 Thomas, there remained due on the said judgments the sum of 
 818,335, with interest from the 25th October, 1874, until paid ; 
 that this balance was ascertained by the said arbitrators under 
 a separate reference to them by William H. Thomas and Will- 
 iam Johnston, who could not agree as to what was due on 
 the judgments, copies of which said reference and award are 
 herewith filed, and marked Exhibit B ; that, in view of the 
 fact that Johnston held sheriffs' deeds for various tracts of 
 land purchased by him under executions on said judgments at 
 much less than their fair value, and under circumstances well 
 calculated to depreciate them and deter persons from bidding 
 
 23678 3 
 
10 
 
 therefor, which tracts are not embraced in said award of 23d 
 October, 1874, it was awarded under said separate reference 
 that Johnston should hold the title to said lands as security 
 only for the balance due on said judgments; and that James 
 W. Terrell and Thomas D. Johnston should sell the said lands 
 on the terms of one-fourth cash and the residue in one and 
 two years, in equal instalments, with interest from the day 
 of sale, and out of the proceeds pay the said balance of 
 $18,335.65, with interest and costs. 
 
 IX. And your orator avers that by the Indian appropria- 
 tion act of 3d March, 1875 (18 Stat, 447), it was enacted as 
 follows : 
 
 That the fund set apart in the Treasury of the United States by 
 virtue of the fourth and fifth sections of tbe act of Congress entitled 
 "An act making appropriations for the current and contingent ex- 
 penses of the Indian Department, and for fulfilling treaty stipula- 
 tions with the various Indian tribes, for the year ending June 
 thirtieth, eighteen hundred and forty-nine, and for other purposes," 
 approved July twenty-ninth, eighteen hundred and forty-eight, 
 shall be applied, under the direction of the Secretary of the Interior, 
 for the use and benefit of the Eastern Band of the Cherokee In- 
 dians, to perfect the titles to their lands recently awarded to them 
 by a decree of the circuit court of the United States for the western 
 district of North Carolina ; to the payment of such costs, charges, 
 expenses, and liabilities attending their recent litigations in the 
 said court as the Secretary of the Interior may determine to be 
 properly chargeable to them; to purchase and extinguish the titles 
 of any white person or persons within the general boundaries al- 
 lotted to them by the said decree of said court; and for the educa- 
 tion, improvement, and civilization of the said Indians. 
 
 That in supposed pursuance of the said act the said judg- 
 ments were purchased with the fund therein mentioned for the 
 sum and amount of $19,245.53, being the said balance of 
 $18,335.65, with intei*est and taxed costs, and the said judg- 
 ments were assigned to the Commissioner of Indian Affairs, in 
 trust for the Eastern Band of Cherokee Indians in North Caro- 
 
11 
 
 lina; and your orator avers that the effect of this purchase and 
 assignment was to place the whole band in the same relation 
 to the said lands as William Johnston, the judgment creditor, 
 had held, and to entitle them to enforce satisfaction of the judg- 
 ments out of the said lands. 
 
 X. And your orator avers that Congress, afterwards, by an 
 act entitled "An act to authorize the Commissioner of Indian 
 Affairs to receive lands in payment of judgments to Eastern 
 Band of Cherokee Indians," approved August 14, 1876 (19 
 Stat, 139), declared as follows: 
 
 That the Commissioner of Indian Affairs be, and he is hereby, 
 authorized and empowered to collect and receive, ia payment of 
 the amount due on certain judgments in favor of William Johnston, 
 and against William H. Thomas, now held by him in trust for 
 the Eastern Band of Cherokee Indians of North Carolina, the lauds 
 mentioned and described in the award of Eufus Barringer, John H. 
 Dillard, and Thomas Euffin, as a board of arbitrators, under date of 
 October twenty-third, eighteen hundred and seventy-four, upon 
 which such judgments were a lien ; such lands to be taken at their 
 cash value, to be determined by an appraisal to be approved by 
 the Secretary of the Interior, and conveyed to the Eastern Band of 
 Cherokee Indians in fee simple: Provided, That if the lands above 
 mentioned shall not be sufficient iu value to pay off and discharge 
 said judgment, the Commissioner is authorized to receive such 
 other lands as the said Eastern Baud of Indians may select, by 
 and with the assent of the said Commissioner, to an amount suf- 
 ficient to discharge the said judgment. 
 
 XI. And your orator avers that the effect of the said award 
 of 23d October, 1874 (Exhibit A), and the payment to the judg- 
 ment creditor, William Johnston, of the said sum of $7,066.11, 
 and the said conveyance by him and his wife, of the 9th Oc- 
 tober, 1876, to the Eastern Band of the North Carolina Chero- 
 kee Indians, wherein receipt for the said sum is acknowledged, 
 was to extinguish at law the lien of the said judgments or the 
 estate of the said Johnston as a purchaser under said judgments 
 as to the Qualla Boundary tract, and to extinguish in equity said 
 
12 
 
 lien or estate as to all the other tracts of land mentioned in the 
 said award ; that the payment of the said sum was intended 
 to operate and did operate as a complete satisfaction to the said 
 Thomas of all liahility of the said Indians, collectively, for lands 
 purchased for them by the said Thomas, but that such payment 
 did not extinguish the liability of the individual purchasers of 
 lands from Thomas, mentioned in the award, who had not fully 
 paid for the lands so purchased. 
 
 XII. And your orator avers that in applying the said act of 
 14th August, 1876, there was an entire failure to use even so 
 much as ordinary precaution to protect the interests of the said 
 Indians, and that, as a consecmence, great discontent and dis- 
 satisfaction have been the results of proceedings which were set 
 on foot for the purpose of securing confidence and repose among 
 the said Indians; that it was certainly the duty of those 
 charged with receiving land in satisfaction of said judgments 
 not to credit the same by the value of any lands held by indi- 
 vidual Indians and not fully paid for until each Indian had been 
 applied to to know what was due on his land and whether he 
 was ready to pay it, and until those representing the interests 
 of Thomas had surrendered the evidence of indebtment of such 
 Indian ; whereas your orator avers that such evidences of in- 
 debtment have never been delivered up and are still held by 
 those in charge of the interests of said Thomas, who is now non 
 compos mentis, and that no statement has ever been made to 
 show the actual amount due from each Indian to the said 
 Thomas; and your orator avers that it is not surprising to find, 
 as the result of so negligent a course of conduct, that some In- 
 dians are constantly demanding conveyances from your orator, 
 insisting that they owed nothing to said Thomas at the time their 
 lands were applied in satisfaction of the said judgments ; and 
 your orator avers that in taking the said lands of Indians who 
 had purchased from said Thomas in satisfaction of said judg- 
 ments the lands so taken were applied to the judgments without 
 
13 
 
 regard to the amounts that had been paid Thomas by the In- 
 dians on the lands purchased, thus, to that extent, giving 
 Thomas double satisfaction in each case for one and the same 
 debt, and your orator avers that it has been pretended that 
 what was owing Thomas by the Indians was considerably in 
 excess of the value of the lands purchased, but your orator 
 conceives that this is not probable, seeing that said Thomas 
 or those charged with his interests would hardly have made a 
 settlement so detrimental to those interests, and certainly it is 
 not to be accepted as fact until said Thomas or those repre- 
 senting him have been compelled to produce the said evidences 
 of debt and other data held by them, so that an account may 
 be stated showing precisely what was due from each Indian; 
 and your orator avers that although the said act of 187<! re- 
 quires an appraisal of the lands received in discharge of such 
 judgments to be approved by the Secretary of the Interior, a 
 large part of the lands so received were not appraised, and it is 
 charged, and believed to be true as charged-, that such lands were 
 taken at a valuation much beyond their cash value, that in some 
 instances there was a total failure of title, and that in selecting 
 said lands those representing the said Indians were forced to 
 select without any opportunity to ascertain the character of the 
 lands from which the selection was to be made ; and your orator 
 avers that so much dissatisfaction and' discontent have grown 
 out of the proceedings under the said act of 1876, and all 
 parties directly concerned in applying said act have been so 
 regardless of the ordinary rules of business and so reckless of 
 the interests of the Indians that it is not strange that those 
 charged with said interests have never allowed the said judg- 
 ments to be entered satisfied, but have kept the same operative 
 and alive, and that suspicions hang around the said pretended 
 settlement which, it is believed, nothing short of a thorough 
 investigation by a competent master, acting under an order of 
 reference by this honorable court, can dispel. 
 23C78 4 
 
14 
 
 XIII. And your orator avers that the pretended settlement 
 under the act of 1876 was carried into effect by a deed of con- 
 veyance, dated 14th August, 1880, from William Johnston, 
 Lucinda M. Johnston, W. L. Milliard, guardian of W. H. 
 Thomas, a lunatic, duly appointed under the laws of North 
 Carolina, and James W. Terrell and Thomas D. Johnston, 
 describing- themselves as commissioners and as attorneys of W. 
 H. Thomas, to the Commissioner of Indian Affairs and his suc- 
 cessors in office as trustee for the Eastern Band of Cherokee 
 Indians of North Carolina, a copy of which said deed is here- 
 with exhibited, marked Exhibit D ; and your orator avers that 
 said deed was in substitution for a previous deed of convey- 
 ance, dated 9th October, 1876, from the said Johnston and wife, 
 and the said Terrell and Thomas D. Johnston, to the Com- 
 missioner of Indian Affairs and his successors in office as trustee 
 for the said Eastern Band of Cherokee Indians of North Caro- 
 lina, a copy of which said deed is herewith filed and exhibited, 
 marked Exhibit E; and your orator avers that the incumbent 
 of the position of Commissioner of Indian Affairs at the time 
 said deeds were made was the Hon. John Q. Smith, of the 
 State of Ohio, but that the said Smith no longer fills the said 
 position. 
 
 XIV. And your orator avers that, clothed as your orator is 
 with a trust as to the per capita money set apart, as aforesaid, 
 by the act of 29th July, 1848 (supra), for the benefit of the 
 said Eastern Band of Cherokee Indians under the twelfth 
 article of the treaty of New Echota of 29th December, 1835, 
 a part of which said fund was used in purchasing the said 
 judgments against said Thomas, it is a solemn treaty obligation 
 of your orator to protect the said fund and to guaranty to the 
 said Indians an honest payment thereof, whether in money or 
 the equivalent of money in land, if the Indians so elect; that 
 it is the duty of your orator as such trustee to use all legal 
 means to compel the judgment debtor, Thomas, to give a fair 
 
 y\ 
 
 
15 
 
 equivalent for the balance due on the said judgments when 
 purchased with the said fund, and that it would be a reproach 
 to your orator to allow to stand a settlement made in the unjust, 
 inequitable, careless, and suspicious way in which the so-called 
 settlement under the act of 1876 was made; and that the lapse 
 of time is not to operate against the said Indians nor against 
 your orator in the exercise of sovereign rights under a treaty, 
 
 XV. And your orator avers that through criminal careless- 
 ness, not to say design, nearly all the title papers of the said 
 Thomas, showing his titles to the lands sold the Indians, and 
 which were produced before the arbitrators and directed by 
 them to be recorded, were lost or destroyed without being put 
 on record, to the great injury anil inconvenience of the Indians, 
 whose titles to the lands purchased have been adjudged valid 
 by the said arbitrators, yet so it is that such validity can not 
 be shown in an action at law in consequence of the loss or de- 
 struction of said title papers; and your orator avers that, in 
 addition to the loss or destruction of said papers, the land rec- 
 ords in the counties in which the said lands lie are in such a 
 condition of confusion and disorder that it has been found im- 
 possible by an intelligent agent of your orator to make any use 
 of them whatever ; and your orator avers that the deed of con- 
 veyance of the Qualla Boundary tract, being to the Eastern 
 Band of North Carolina Cherokee Indians, is perhaps inop- 
 erative and void for the want of a proper description of the 
 grantees, and that the other deed to the Commissioner of In- 
 dian Affairs is deemed by some also invalid on a like ground ; 
 and your orator avers that this unfortunate condition of the 
 titles of the said lands has encouraged a great number of law- 
 less and abandoned people to enter thereon and establish them- 
 selves there, causing terror to the said Indians, and committing 
 waste and destruction and otherwise doing irreparable damage 
 to the said lands. 
 
1G 
 
 XVI. And your orator avers that it lias been for a long 
 time generally known that the titles of the said lands have 
 been in the condition aforementioned, and that the opinion 
 prevails that the said lands may be invaded and occupied and 
 the Indian settlers driven therefrom with entire impunity, and 
 your orator avers that the recent decision of the supreme 
 court of North Carolina, that the said Indians can not plead 
 or be impleaded in the courts of that State, makes their condi- 
 tion entirely helpless so far as the judicial authority of the 
 State is concerned, and compels resort to the judicial authority 
 of the United States for the justice and protection denied by 
 the courts of the State. 
 
 XVII. And your orator avers that the said award of the 
 23d October, 1874, has not been duly carried out in other 
 particulars than the failure of William H. Thomas and William 
 Johnston to convey to the said Indians by a sufficient deed 
 the legal title of the said Qualla boundary tract, and that it 
 intimately concerns the repose and happiness of the said 
 Indians that there should be a judicial scrutiny into the action 
 which has been taken under the said award in every part and 
 particular thereof. 
 
 XVIII. And your orator avers that, according to the last offi- 
 cial report to your orator touching the said lands, the persons 
 whose names are next hereinafter mentioned had entered upon 
 the said Qualla Boundary tract, and respectively dispossessed 
 and disseised the said Indians of large portions of the said 
 tract ; that is to say : Penn Kline, alias W. P. Hyde, David 
 Johnson, Greorge W. Gibson, Christianberry Howell, Tabi- 
 tha Tompkins, Thomas Mills, J. H. Mosely, A. H. Hayes, 
 H. A. Keener, E. S. Keener, Berry Cooper, D. W. (or Bose) 
 Love, J. B. Keener, John R. Kimsey, H. S. Baker, Bartlett Dills, 
 W. A. Enloe, Humphrey Childers, I. M. Hensley, M. C. Hens- 
 ley, T. W. Keener, Eliza Keener, Albert S. Keener, H. P. 
 
17 
 
 Clnlders, Armiuda Wilson, Nimrod Childers, Landon Tomp- 
 kins, C. C. Martin, W. C. Martin, A. Keener, John M. Enloe, 
 N. R. Kinsey, T. C. Childers, William H. Thomas, jr., Jackson 
 Williams, John Enloe, Susannah E. Hyde, Cling 1 Childers, 
 Mary E. Hyde, W. H. Enloe, Ute Sherrell, William Cooper, 
 Carroll Martin, George Sherrell, Uriah Cooper, Robert Burch- 
 field, Joseph Keener, John Kimsey, Smith Baker, Blue Baker, 
 
 Baker the elder, Putman, George Keener, Will Laney, 
 
 Will Davis, McNesia, Winchester, Coleman Scea, 
 
 James Edwards, Andrew Burchfield, Harrison Coleman, Rich- 
 ard Dills, Ramsey Gibson, Budd Johnson, Eliza Tomkins, 
 Bill Moseley, Budd Parker. 
 
 XIX. And your orator avers that the names of the other 
 trespassers and disseisors who have entered on the lands of 
 said Indians lying outside Qualla boundary and dispossessed 
 and disseised the rightful Indian owners thereof are as follows: 
 Andrew Shields, I. V. Cooper, Reuben Carver, D. K. Blanton, 
 A. B. Hyatt, Tyra Higdon, John Grant, James G. Brooks, 
 Martin Parker, Isaac Lovinggood, Benjamin Killian, James 
 Williamson, John Graves, John Dockery, Wm. Cline, N. 0. 
 Rabb, Gus Bradley, Dewitt Ghomley. 
 
 And your orator avers that there may be other trespassers 
 and disseisors on the said lands; in which case your orator 
 craves leave to make them parties to this bill of complaint so 
 soon as they shall become known to your orator. 
 
 XX. And your orator avers that it is impossible for the 
 said Indians, or for your orator, suing in their behalf, to main- 
 tain an action at law for the ouster and dispossession of the 
 said trespassers and disseisors, on account of the said condi- 
 tion of the titles of the said lands, and that, as the guardian 
 and protector of the said Indians touching all their rights and 
 
 interests whatsoever, with all necessary power and authority 
 23678 5 
 
18 
 
 to make effective the duties growing out of the said relations 
 of guardian and protector, and as trustee of the per capita 
 money funded for the benefit of the said Indians by virtue of 
 the said act of the 29th Jul}*, 1848, under the twelfth article of 
 the treaty of New Echota, your orator has no way of obtaining 
 the redress called for by the wrongs and oppressions aforesaid, 
 save by the aid and intervention of a court of equit}-, where 
 such matters are properly cognizable. 
 
 Wherefore and to the end that the said lands may be 
 conveyed and assured to the said Indians by proper deeds and 
 conveyances, and that it may be referred to a master learned 
 in the law/ to inquire and report particularly in what manner 
 the said award of the 23d October, 1874, has been carried out, 
 and what defaults, if an}*, exist in that behalf, and to inquire and 
 report particularly as to the transaction by which it is claimed 
 the said judgments were satisfied and discharged by the con- 
 veyance of lands, and as to whether the said transaction was 
 conducted in accordance with the principles of law and equity 
 and the legislation of Congress touching the same ; and to in- 
 quire and report touching the individuals holding parts of the 
 said lands adversely to the said Indians, and whether such indi- 
 viduals had any title or claim of title to the lands so held by 
 them, and that the said Penn Kline, alias W. P. Hyde, David 
 Johnson, Geo. W. Gibson, Christianberry Howell, Tabitha 
 Tompkins, Thomas Mills, J. H. Mosely, A. H. Hayes, H. A. 
 Keener, E. S. Keener, Berry Cooper, D. W. (or Bose) Love, 
 J. B. Keener, John R. Kimsey, H. S. Baker, Bartlett Dills, W. 
 A. Enloe, Humphrey Childers, I. M. Hensley, M. C. Hensle}*, 
 T. W. Keener, Eliza Keener, Albert S. Keener, H P. Childers, 
 Arminda Wilson, Nimrod Childers, Landon Tompkins, C. C. 
 Martin, W. C. Martin, A. Keener, John M. Enloe, N. R. Kim- 
 sey, T. C. Childers, Win. H. Thomas, jr., Jackson Williams, 
 John Enloe, Susannah E. Hyde, Cling Childers, Mary E. Hyde, 
 
19 
 
 W. H. Enloe, Ute Sherrell, Wm. Cooper, Carroll Martin, 
 George Sherrell, Uriah Cooper, Robert Burchfield, Joseph 
 Keener, John Kinisey, Smith Baker, Blue Baker, Baker the 
 
 elder, Putnam, George Keener, Will Laney, Will 
 
 Davis, McNesia, Winchester, Coleman Scea, 
 
 James Edwards, Andrew Burchfield, Harrison Coleman, Rich- 
 ard Dills, Ramsey Gibson, Budd Johnson, Eliza Tomkins, 
 Bill Moseley, Budd Parker, Andrew Shields, I. V. Cooper, 
 Reuben Carver, D. K. Blanton, A. B. Hyatt, Tyra Higdon, 
 John Grant, James G. Brooks, Martin Parker, Isaac Lovinggood, 
 Benjamin Killian, James Williamson, John Graves, John Dock- 
 ery, Wm. Kline, N. 0. Rabb, Gus Bradley, Dewitt Ghomley, 
 may answer and say by what warrant or title they entered 
 upon and now occupy the said lands, respectively, and that the 
 said W. L. Hilliard, guardian of William H. Thomas, a lunatic, 
 and the said William Johnston and James W. Terrell and 
 Thomas D. Johnston and the said John Q. Smith may answer 
 the aforegoing as fully and particularly as though thereto in- 
 terrogated, and that your orator may have such other or fur- 
 ther relief as may be meet and apposite. 
 
 May it please your Honors to grant your orator 
 
 the writ of subpoena, and your orator/ shall ever pray, etc. 
 
 A. H. Garland, 
 
 A itorney- General. 
 Wm. A. Maury, 
 Assistant Attorney-General. 
 
20 
 
 Exhibit A. 
 
 In the circuit court of the United States, western district of North Car- 
 olina. In Asheville. 
 
 The Eastern Band of the Cherokee In- ") 
 dians 
 
 against J- In equity. 
 
 William H. Thomas, AVilliam Johnston, I 
 and James W. Terrell. j 
 
 TnE Eastern Band of the Cherokee In- 1 a ., , , , , 
 
 ,i: 0T10 Suit at law on the 
 
 1 bond of J. W. Ter- 
 
 rell as the disburs- 
 ing agent of plain- 
 tiffs. 
 
 against 
 James W. Terrell, AVilliam H. Thomas, 
 William Johnston, A. J. Murray, and J. B. 
 Allison. 3 
 
 Whereas at the May term, 1874, of said circuit court of the United 
 States held at Asheville, before his honor It. P. Dick, judge, the parties 
 to the above two causes entered into an agreement in writing to submit 
 all matters of dispute and controversy between them, as specified and 
 set forth in their said written agreement, to Rufus Barringer, John II. 
 Dillard, and Thomas Euffin, their award to be final and a rule of court, 
 and said submission to go into effect upon the approval thereof by the 
 said Eon. B. P. Dick, judge of said court, the Secretary of the Interior, 
 the Commissioner of Indian Affairs, and the Department of Justice at 
 AVashington City; and whereas their said submission was approved by 
 the said judge of the court and the said several officers at Washington 
 City, as appears from their several indorsements on the said written 
 submission, a copy of which is hereto attached, and to be referred to as 
 a part of this award; and whereas, by virtue of said submission, the 
 reference to the said arbitrators was to be deemed operative and fully 
 authorized as soon as approved as aforesaid : 
 
 Now, therefore, we, the undersigned, Bufus Barriuger, John H. Dil- 
 lard, and Thomas Euffin, having takeu upon ourselves the burden of 
 the reference aforesaid, and having heard aud duly considered and 
 weighed the several allegations of the said parties, the pleadings in the 
 said two suits, and all the proofs, vouchers, and documents which have 
 been given in evidence before us, and having heard the arguments and 
 suggestions of counsel, do hereby make aud publish this our award, in 
 writing, of aud concerning all and every the several matters as above 
 referred to us, in the mauuer following ; that is to say : 
 
 1. That AVilliam H. Thomas became and was the agent of the Eastern 
 Baud of the Cherokee Indians living in North Carolina, who are the 
 
2L 
 
 plaintiffs in the above two causes, after the removal of their brethren 
 west in the year 183S, and as such undertook to purchase, and did pur- 
 chase, for them laud, the amount, location, and bouudary whereof will 
 hereinafter be fully described, to be paid for with money or moneys 
 coming to them from the United States under treaties with and the 
 laws of the said United States. 
 
 2. That the said William H. Thomas, in pursuance of his said ageucy 
 aud trust reposed in him, did from time to time, and from various per- 
 sons, purchase lands for the plaintiffs as a tribe and community, and 
 settlement thereon, and carved up the same into towns, which said pa'- 
 chases are included in and make a large tract, situated on Soco Creek 
 aud Ocona Lufta Kiver and their tributaries, known as the Qualla 
 Boundary, and bounded as follows, to wit: Beginning at a stump near j 
 the spring on Jackson County line at the head of Jonathan's Creek, 
 where the Soco road crosses the mountain ; thence in a northerly direc- 
 tion with the said county-line to the ridge which divides the waters of 
 the Bavin's Fork from Bradley or west fork of Ocona Lufta Biver ; 
 thence with the watershed of that ridge to the line of Widow Hugh's ; 
 thence eastwardly with her line, crossing Bavin's Fork; thence down, 
 and with her lines and the lines of Wesley M. Enloe, to the Ocona Lufta 
 Biver; thence down with the meanders of said river to the southern 
 boundary of Samuel Monteith ; thence across said river and with said 
 Monteith's line to his southwest corner; thence with the lines of an en- 
 try made by W. H. Thomas and other lines of said Thomas, keeping on 
 his outside lines to the dividing-ridge between the waters of Adam's 
 Creek and Newton's Mill Creek, so running said line as to include all 
 Indians living on the headwaters of said Adam's Creek; thence in a 
 southerly direction, keeping on the watershed of said ridge to the line 
 of Sim Sherrell ; thence with his line to Ocona Lufta Biver, the last two 
 lines being run so as to include all tlie Indian settlements on the east 
 side of Newton's Mill Creek ; thence with and across the said Ocona 
 Lufta Biver to the upper boundary of J. M. Bird ; thence with this line 
 to the corner of the first tract of what is known as the State surveys 
 above the said Bird ; thence up said river with the lines of said State 
 surveys so as to include one tier of old surveyed tracts bordering on 
 said river, and striking said river below Ute Sherrell's, excluding the 
 tract now occupied by J. A. Gibbs, and also some entries known as 
 Thomas's entries ; thence up and with the meauders of said river to a 
 tract of land occupied by an Indian named Ah-ma-cha-ma ; thence with 
 the line of that tract, and including the same, to the old line of Scroop 
 Enloe, or near it, but so as to exclude the tract now occupied by Mason 
 Beckley ; thence with the Hue of the tract so occupied by Beckley, cross- 
 23G78 
 
22 
 
 ing the Soco Creek below his bouse, to the old Hue of said Scroop Enloe ; 
 tbeuce with Enloe's line to tbo line of Thomas's mill-tract ; thence with 
 the liue of said mill-tract and witli the line of an entry known as 
 Thomas's five hundred-acre entry, and leaving the same outside, to the 
 liue of J. B. Sherrell; thence with his line to the line of a tract conveyed 
 to Flying Squirrel by J. W. King; thence with the liue of that tract, 
 and so run as to include it, to the line of the Thompson Carter tract; 
 thence with that tract, and so run as to include it, to the top of the 
 ridge which makes the watershed between Soco Creek and Shoal Creek ; 
 thence with the said watershed to the south corner of the Cathcart sur- 
 vey; thence with the line of that survey to the beginning, at the head 
 of Jonathan's Creek. 
 
 3. That within the said Qualla Boundary so as aforesaid purchased for 
 the tribe as a community, the said Thomas, at divers times, sold and 
 conveyed by deed several tracts of land to the following individual 
 Indians, to wit: To Enola (or Black Fox), 40 acres; to Oue-tah, 33 
 acres; to Standing Wolf and children, 28G acres; to Catalska, three 
 tracts, making together 110 acres; to Charlie Hornbuckle's heirs, 100 
 acres; to Sa-lo-lu-netab (or Young Squirrel), 53 acres; to Nellie John- 
 son, 200 acres ; and to Jinuey Reed, 200 acres, and received from them, 
 respectively, the purchase-money ; the locations and boundaries of 
 which said tracts fully appear from the accompanying deeds to the said 
 parties from said Thomas; and also that the said Thomas, at divers 
 times, contracted in writing to sell several other tracts within said 
 Qualla Boundary to the following individual Indians, to wit: To Chu- 
 lo-gu lah (or Cloud), 50 acres; Wilson Oocummuh, two tracts, one of 
 20 acres and the other knowu as the Caynatago tract; the heirs of 
 Jeff. Horubuckle, 200 acres ; to Sawnooka, the lands surveyed by Dills, 
 being a part of the Holland's old field ; to Ben Quain, 50 acres, where 
 he lives; to the heirs of Long Blanket, the place where they live; to 
 the heirs of Little Witch, the place where they live; to Wilson Wolf, 
 the mill-tract purchased of Abraham Mingus; to Ta-a-kak, the tract 
 known as the Thompson place; to Wilson Reed, 125 acres, surveyed to 
 him by Terrell ; to Standing Water, the place where he now lives; to 
 Ta-ya-hah, a part of the Holland'sold field ; to Tab guise nah, the place 
 now occupied by him ; and received from them, respectively, in whole 
 or in part, the purchase-money, the location of which said tracts, so 
 contracted to be sold, will appear by the several accompanying titles, 
 bonds, and other memoranda from said Thomas to said Indians. We 
 do, therefore, award that the general boundary, known as the Qualla 
 Bouudary, and above described, belongs to, and shall be held by, the 
 Eastern Band of Cherokee Indians living in the State of North Caro- 
 
X 
 
23 
 
 lina, as a tribe or community, and whether living at this time at Q.ualla 
 or elsewhere in the State ; and that the individual Indians abovenamed 
 as holding under said Thomas, either by deed or contract, shall hold 
 and possess their several tracts as their separate property, with the 
 quality of being inheritable, but without the power of alienation except 
 from one Indian to another, and then only with the assent of their 
 council. All the above, however, to be subject to the payment of a 
 sum of money to William Johnston, as hereinafter provided. ^ 
 
 4. We find that the wife and children of an Indian named Little John 
 have a deed to a tract of land situated on the south side of Tuckaseigee 
 River, and outside of said Qnalla Boundary, for 173 acres, on which 
 they now live, and we award that the same is a good title as against 
 all parties and privies to these suits. We further find that the said 
 wife and children of the said Little John have a title-bond from said 
 Wm. H. Thomas for 100 acres of land, to be curved off from a tract of 
 land adjoining the lands last spoken of, so as to embrace 100 acres of 
 land on both sides of the Skeekee's Branch, and that they have paid 
 for the same in full. Also that the heirs of Will gees-ka have a title- 
 bond from Wm. II. Thomas for the tract of land on which they live, ad- 
 joining the above lands of the Little John's and on the south side of 
 said Tuckaseigee Kiver, for which they have paid in full. We do, there- 
 fore, award that the said defendants, Thomas and Johnson, do lay off 
 and convey to the said wife and children of the said Little John the said 
 100 acres to embrace both sides of said Skeekee's Branch ; and also that 
 they convey unto the said heirs of Will-gees ka the land on which they 
 live. 
 
 5. We find that at one time it was contemplated between said Thomas 
 and the Indians residing in the region described in the pleadings as 
 Cheoih to make a similar purchase of a general boundary of land in 
 that section of the State, and that there was a written agreement to 
 that effect between them ; but afterward the Indians declined to fur- 
 nish, and did not furnish, the funds necessary to make such purchase ; 
 and we therefore award that the said agreement between them and 
 Thomas to make such purchase was abandoned ; and that in lieu thereof 
 the following individual Indians made separate purchases from Thomas 
 and others, and have deeds or other sufficient title therefor, to wit : 
 
 Sakah, 100 acres in district No. 9, section 589. 
 Corn-silk, 100 acres in district No. 9, section 317. 
 Corn-silk, 100 acres in district No. 10, section 374. 
 Chick-a-lilla, 10ft acres in district No. 9, section 3G3. 
 Chick-a-lilla, 48 acres in district No. 9, adjoining section 303. 
 Walla-na-kah, 100 acres in district No. 10, section 552. 
 
V 
 
24 
 
 Ches que-ne-tah (or Young Bird), son of Ty-al-ta, 100 acres in district 
 No. 9, section 364. 
 
 Tom Big-meat, 100 acres in district No. 9, section 359. 
 
 Tom Big-meat, 90.} acres in district No. 9, section 360. 
 
 Con-na-see-nah, 100 acres in district No. 10, section 386. 
 
 And these having all paid the purchase-money in full, we do award 
 that they hold and have title in fee as against said Thomas and John- 
 ston, and all other parties and privies to these suits. 
 
 We find further that the following Indians and persons of Indian 
 blood have written contracts for title to lands in Cheoih from Win. H. 
 Thomas, and are entitled to specific execution thereof, they having paid 
 the purchase money in full therefor, to wit : 
 
 Ka-yu-kah (or Ground Squirrel), for 288 acres in district No. 10, sec- 
 tion No. 23, Cherokee Comity. 
 / James Taylor, district No. 7, in Cherokee County, Nos. 19, 21, and 27. 
 
 That the following have contracts in writing for the purchase of lands, 
 and are entitled to specific performance thereof whenever they shall 
 make full payments of the purchase-money, to wit : 
 
 Dick-a-gees-ku's heirs, for 100 acres in district No. 9, section 367. 
 
 Oo-tal-ka nah, 100 acres in district No. 9, section 373. 
 
 Chin-a-que (or John Owl), the land whereon he lived in 1853, in 
 Cherokee County, excepting all mineral interests. 
 
 Too-way-al lah, part of No. 12, district No. 10. 
 
 Corn-silk, 100 acres in district No. 9, section 5SS. 
 
 Tracking Wolf, district No. 9, section 404. 
 
 Kichard Heuson and others, and their heirs, 210 acres in district No. 
 5, section 11. 
 
 Eichard Heuson, 157 acres in district No. 5, section 14, with a bounty- 
 claim of 2,700 acres. 
 
 Sal-ka nah and others, 80 acres iu district No. 6. 
 
 Tes-a-tees-kah, 100 acres iu district No. 9. 
 
 George Oo-yah-ste-ah, district No. 9, section 365. 
 
 Cab-nah-a-to-go and others, district No. 9, section 405. 
 
 Cohe-loskah, 120 acres in district No. 9, section 93. 
 
 Too-nah-lu-yab, Chees que-ne-tah, Te-tal-ka-nak, no districts or sec- 
 tion given. 
 
 We do, therefore, award that Ka-yu-kah (or Ground Squirrel) and 
 James Taylor have a perfect equitable title in fee to their said sections 
 of laud, and that W. H. Thomas and William Johnston do execute deeds 
 to them severally therefor; aud as to all the others above mentioned, 
 we award that they have respectively an equity to have title, and that 
 the same be made to them by the said Thomas and Johnston upon the 
 
V 
 
25 
 
 payment of the purchase-money still due from them ; and the said 
 Thomas, or Johnston, as the case may be, shall have a right, in default 
 of such payment of the purchase-money, to enforce the same by sale of 
 their lands, respectively, according to law. 
 
 G. We find that in the course of the agency and trusteeship of the de- 
 fendant Thomas for the plaintiffs he received, in the way of payments 
 by the Government, contributions from individual Indians, and from 
 sales of lauds, within the said common boundary at Qualla, to individ- 
 ual Indians, large sums of money ; that, on the other hand, by reason of 
 the purchase for them of their lands, by his services rendered them in 
 securing their claims, and by his furnishing them, through a long series 
 of years, with clothing, food, fanning tools, and other necessary sup- 
 plies, they became largely indebted to him; that after adjusting all 
 claims of every kind and description between them, except as herein- 
 after mentioned, we find that the said Indians owe the said Thomas a 
 balance toward the purchase-money of the said Qualla Boundary of 
 $18,250; that after the purchase of the said lands by the defendant 
 Johnston, under his executions against the defendant Thoma«, the 
 plaintiffs, in pursuance of a contract made with the said Johnston, for 
 the redemption of said lands, on the 29th day of September. 18G9, paid 
 to him, the said Johnston, the sum of $0,500 which said payment we 
 award that the said Johnston shall apply as a credit on his said judg- 
 ments against Thomas as money paid by the plaintiffs toward the bal- 
 ance above stated as due from them to Thomas; that the said sum of 
 $0,500, with interest to this day, amounts to the sum of $S,43G, thus 
 reducing said balance due Thomas to the sum of $9,7Gi. 
 
 7. We find, in the suit at law on the bond of Terrell and his sureties, 
 that the said defendant Terrell paid over to the said defendant Thomas, 
 his bondsman, the sum of $2,478, which is sought to be recovered in 
 said suit on his bond, relying on him to pay it out to those entitled; 
 and we further find that though such payment to Thomas was not in 
 strict compliance with the conditions of his bond, yet this same being 
 paid to Thomas, to whom the plaintiffs were owing a balance of pur- 
 chase-money for their lands, and who then had a power of attorney 
 from the plaintiff's authorizing him to receive the same and apply it 
 toward the payment of said purchase-money for their lands, we do 
 therefore award that the said sum, with its interest, this day making 
 $2,697.89, be deducted from the above balance of $9,761, thus reducing 
 it to the sum of $7,060.11 ; and upon the payment of this last-men- 
 tioned sum, to wit, the sum of $7,0GG.ll, with its interest from this 
 date at the rate of six per cent, per annum to the said defendant Johu- 
 23678 7 
 
26 
 
 ston, and by him to be entered as a credit on bis said judgments against 
 Thomas, we do furtber award that tbe said plaintiffs sball hare a per- 
 fect equity to demand and have of bim, tbe said Jobnston, a convey- 
 ance of tbe legal title to all tbe lauds embraced within tbeir said Qualla 
 Boundary, tbe same to be made to tbem, or to some trustee for tbem; 
 and until such conveyance be made, tbe said Jobnston, so soon as said 
 balance is paid bim, sball, himself, stand seized as a naked trustee of 
 said lands to tbe use of said plaintiffs; and tbe said sum of $2,G97.89, 
 so sued for as aforesaid, in the action at law, being applied as above set 
 forth on tbe said balance due for the purchase-money, we do therefore 
 further award that tbe plaintiffs do recover in tbe said suit at law tbe 
 penalty of said Terrell's bond, to be discharged on the payment of a 
 penny and the costs of that action, to be taxed by tbe clerk. 
 
 8. Wishing to secure repose of title to the parties and to end litiga- 
 tion between tbem, we have taken into consideration all accounts, 
 claims, and demands between the said plaintiffs as a tribe, and each 
 and every member of the tribe, wherever residing in the State of North 
 Carolina, and W. H. Thomas and William Johnston, and either of tbem, 
 and we do hereby award that all such accounts, claims, and demands 
 are to be treated as concluded and adjusted between them, and in no 
 way collectable and enforceable, save and except as is hereinbefore pro- 
 vided in relation to contracts for sales of land, and save and except the 
 matters of controversy between the members of the Baper family in 
 regard to tbeir reservation-money. This latter being already the sub- 
 ject of litigation in our State courts, we have not considered, but leave 
 the same to be settled in said State courts. 
 
 9. We find that William H. Thomas purchased tbe Cathcart survey 
 of 33,009 acres, and other adjoining tracts and entries, out of part of 
 which the said Qualla Boundary is composed, and that be extinguished 
 the titles of all whites inside of said boundary, with the single exception 
 of that one of Ute Sherrell, and that but few of his title-papers have 
 been registered, and but few of his deeds to, and his written contracts 
 of sale with, said Indians, whether at Qualla or elsewhere, have been 
 registered. We do therefore award that all of said deeds to Thomas, 
 under which the said Indians claim, and all his deeds and written con- 
 tracts of sale to them or any of tbem, sball be registered iu tbe proper 
 offices of the State ; and to tbe end that this may be properly attended 
 to by some competent person, we do award that all such deeds and con- 
 tracts be delivered to W. W. Bollins, one of plaintiffs' agents, for regis- 
 tration. 
 
 10. In considering tbe compensation due to the defendant Thomas, 
 as agent of the plaintiffs, we have estimated his fees and commissions 
 
27 
 
 ouly ou the moneys heretofore actually paid to the Indians. (Jn these 
 amounts we award that said Thomas shall claim no further compensa- 
 tion, either directly from the Indians or indirectly through the Govern, 
 ment. But we further find that by a special contract of November 25, 
 18G0, the said Thomas is entitled to compensation of ten per cent, on all 
 moneys said Indians may receive from lauds sold for their benefit west 
 of the Mississippi, mainly secured through his efforts, and which con- 
 tract it is not intended to impair. We therefore award that the said 
 Thomas be allowed said rate of ten per cent, on all moneys said Indians 
 may hereafter receive from said western laud-fund, to be paid when the 
 same is actually realized by the said Indians, and not otherwise. 
 
 11. The costs of the suit at law having been hereinbefore disposed of, 
 we award that all the other costs be taxed iu the equity case, and be 
 paid one-half by the plaintiffs and the other half by the defendants, W. 
 n. Thomas and "William Johnston. We leave the allowance to the ar- 
 bitrators, and the manner of its payment to be fixed and provided for 
 by the judge. 
 
 All of which is respectfully submitted, under our hands and seals, this 
 23d day of October, 1874. 
 
 (Signed) Eufus Barringer. [seal.] 
 
 John H. Dillard. [seal.] 
 T. Euffin. [seal. I 
 
 Exhibit B. 
 
 Whereas iu the course of investigation of the matters in contro- 
 versy between the Eastern Band of Cherokees against Win. H. Thomas 
 and Wm. Johnston, referred to Eufus Barringer, Thomas Euffin, and 
 John H. Dillard, under an order of the circuit court of the United 
 States for the western district of North Carolina, it was agreed by 
 and between the said Wm. H. Thomas and Wm. Johnston to refer cer- 
 tain matters of dispute between them to the final arbitrament and 
 award of the same arbitrators; and whereas the said Thomas and 
 Johnston executed a written submission specifying the points of differ- 
 ence between them, which said submission is hereunto annexed and to 
 be referred to as connected with this award. Now, therefore, we, the 
 undersigned arbitrators, having undertaken the burden of said refer- 
 ence, and having heard and weighed the allegations of the parties and 
 all the evidence adduced, as well as that of the parties themselves as 
 the records and documentary proofs, do determine and award of and 
 
28 
 
 concerning tbo matters referred to us in manner and form following, 
 that is to say: 
 
 We award that there is due to Win. Johnston from Win. n. Thomas 
 three judgments, as follows: 
 Judgment in Buncombe supe court, $13,198.40, and int. from 
 
 15th Oct. 1858, on $11,215.48 to 14th Sept., 1874, 15 years 
 
 11 months $23,292.25 
 
 Judgment in Buncombe superior court for $7,G1C.C6, with 
 
 interest from 10th June, 1SC7 9,791.06 
 
 Balance of E. B. Johnston's judg't, $417.31 and interest 803.20 
 
 33,SS7.11 
 
 and we find that said aggregate of the three judgments are to be cred- 
 ited with $6,500, with interest thereon since it was paid to Wm. John- 
 ston, making $8,480, and also by the sum of $7,060.11, awarded as due 
 from the Eastern Band of Gherokees and directed to be paid to him 
 with interest; and we find that said sums being credited there will re- 
 main a balance due on said judgments in favor of Wm. Johnston against 
 Wm. H. Thomas, eighteen thousand three hundred and thirty -Ave dol- 
 lars and sixty-five cents ($1S,335.65), and we do award that the said 
 sum of $18,335.65 is the true amount of the indebtedness of Win. H. 
 Thomas to Wm. Johnston, which he is entitled to collect with interest 
 until paid, together with the court costs taxed in the said three judg- 
 ments. 
 
 (2) We award that Wm. H. Thomas delivers back to Wm. Johnston 
 the road certificate for $620, and that Wm. Johnston surrender to Wm. 
 II. Thomas the four bonds for $1,250 each, he holds on him, and there- 
 upon that the said Wm. H. Thomas reconvey to said Johnston the min- 
 eral lands which constituted the consideration of said bonds. 
 
 (3) As to the $1S,335.65 awarded above as being the balance of in- 
 debtedness from Wm. H. Thomas to Wm. Johnston, we find that said 
 William Johnston holds sheriffs' deeds of Jackson and other counties 
 for various tracts of lands sold as the property of said Thomas, and not 
 embraced in the lands held by him in trust for the Indians, under exe- 
 cutions issued on the three judgments hereinbefore described, and we 
 find that the said lauds were bought by the said Johnston at greatly 
 less than their fair value by reason of clouds on the title and forbiddals 
 at the sales, and therefore we do award that the several sheriffs' deeds 
 shall be held as a security merely for the balance aforesaid as due on 
 said judgments and the costs taxed or taxable in each, and we do award 
 that James M. Terrell and Thomas D. Johnston shall make sales of the 
 lands mentioned in the said sheriffs' deeds, other than those tracts 
 
29 
 
 awarded to belong to the Cherokee Indians as a tribe or individually, 
 by an award on file in the suit in equity of tlie Eastern Band of Cher- 
 okees against Wm. H. Thomas and Wm. Johnston, pending in the cir- 
 cuit court of the United States at Asheville, or so much thereof as may 
 be sufficient, on the terms one-fourth in cash and the balance in one and 
 two years, in equal installments, with interest from the day of sale, aud 
 out of the proceeds to pay and satisfy the said balance of $18,335.05, 
 with its interest and costs as aforesaid ; and we do award that after said 
 sum and interest aud costs are paid in manner aforesaid, that William 
 Johnston do reconvey all that remains unsold unto the said Wm. H. 
 Thomas and his heirs; and in cases where any of the lands included 
 in said sheriffs' deeds are in the possession of persons under title-bonds 
 of the said Thomas, and they are owing the purchase- money or any 
 part thereof, the same not being Indian lands forbiddeu to be sold in 
 said award, filed in the court of equity aforesaid, we award that said 
 Johnston may demand and receive the money or enforce a sale of the 
 land through a decree for specific performance, in either instance ap- 
 plying the sum received in payment of his said judgments. 
 
 We award that Wm. Johnston shall account for any rents received, 
 deducting therefrom the taxes by him paid; and if there may bean excess 
 of the rents such shall be as a payment on the judgments, but if the taxes 
 paid shall exceed the rents then such excess of taxes we award shall be 
 an addition, to that extent, to the debt herein awarded to said Johnston 
 and to be paid by sales as provided herein for the judgments. 
 
 In making such sales as herein awarded, if the commissioners shall 
 be of opinion that any sales, made by said Johnston are for a fair price, 
 we award that he may and shall, according to their discretion, validate 
 the same and not resell. 
 
 We award that in selling or confirming sales, as herein awarded, the 
 said Wm. Johnston shall execute titles ou the request of said commis- 
 sioners. 
 
 We award that we are entitled to receive for our investigation of the 
 matters embraced in this award the sum of (100) oue hundred dollars 
 each, to be paid one-half by Thomas and one-half by Johnston, and if 
 not so paid prior to the sale of any of the lands referred to then to be 
 paid by the commissioners out of the first monies received, charging 
 to each of said parties his half. 
 
 In witness we hereunto set our hands aud seals the 23rd October, 
 1874. 
 
 Eufus Barringer. [seal.] 
 John H. Dillard. [seal.] 
 
 T. BUFFIN. [SEAL. | 
 
 2367S S 
 
30 
 
 "Whereas the Eastern Band of Cherokees brought suit in the court of 
 equity in the circuit court of the United States in the western district 
 of Worth Carolina, at Asheville, against William II. Thomas, William 
 Johnston, and J. W. Terrell, and a suit in the names of the United 
 States against the same parties and J. B. Allison and A. J. Marry on 
 the law side of said court, to recover tire sum of twenty-five thousand 
 dollars, the penalty of the official bond of said J. W. Terrell, as agent 
 of the Government for disbursements of certain sums to said Indians; 
 
 And whereas the said suits and all other unsettled matters between 
 said parties or any of them, and between any Indians residing in North 
 Carolina, and any of said parties defendant, have been referred to the 
 arbitrament and award of Gen. Hufus Barringer, Judge Thomas 
 Buffin, and John EL Dillard, esq., who have the same under considera- 
 tion ; 
 
 And whereas some difference of opinion exists between the defend- 
 ants William H. Thomas and William Johnston as to the amount of 
 indebtedness of the former to the latter, as to the land purchased 
 by the said Johnston at execution sales as the property of the said 
 Thomas, and as to the right of said Thomas to redeem the same: 
 
 Now it is agreed by and between the said William H. Thomas and 
 William Johnston to refer to the arbitrament and award of the said 
 Bufus Barringer, Thomas Buffin, and John H. Dillard, all matters of 
 difference between them, with full power to decide and award between 
 them according to the equity of the case, they beiug the judges thereof, 
 and we the said parties will abide the same. 
 
 Witness our hands and seals, Sept. 11th, 1874. 
 
 Wm. H. Thomas, [seal.] 
 W. Johnston. [seal.] 
 
 Attest : 
 
 W. B. Welch, 
 
 It is understood that a reasonable compensation shall be paid to the 
 referees above mentioned to be paid equally by each. 
 
 W. Johnston. 
 Wm. H. Thomas. 
 Attest: 
 
 W. P. Welch. 
 
 1, N. W. Woodflu, with whom the award between William Johnston 
 
 and Wm. H. Thomas was deposited for safe keeping by the arbitrators, 
 
 Bufus Barringer, Thomas Buffin, and John H. Dillard, certify that the 
 
 foregoing is a true copy thereof. 
 
 n, w. woodfin. 
 Not. 21th, 1874. 
 
31 
 
 Exhibit C. 
 
 This indenture, made tins 9th day of October, 1876, between William 
 Johnston and wife, Lucinda M. Johnston, of the county of Buncombe, 
 State of North Carolina, of the first part, and the Eastern Band of North 
 Carolina Cherokee Indians of the secoud part, witnesseth: That, whereas, 
 at the November term, 1874, of the circuit court of the United States for 
 the western district of North Carolina, the case of the Eastern Band of 
 the Cherokee Indians against Win. H. Thomas, William Johnston, and 
 James W. Terrill in equity, and the case of the United States and the 
 Eastern Band of Cherokee Indians vs. James W. Terrill et al., came on 
 to be finally heard together upon the award of Rufus Barriuger, John 
 H. Dillard, and T. Ruffin, the arbitrators duly appointed at the May 
 term, 1874, of said court, to hear and determine the matters in contro- 
 versy between said parties, and which award has been rendered to the 
 court, and states, among other things: 
 
 1st. That William H. Thomas became and was the agent of the Eastern 
 Band of the Cherokee Indians living iu North Carolina, who are the 
 plaintiffs in the above two causes, after the removal of their brethren 
 west in the year 183S, and as such undertook to purchase, aud did pur- 
 chase, for them land, the amount, location, and boundary whereof will 
 hereinafter be fully described, to be paid for with money or moneys 
 coming to them from the United States under treaties with and the 
 laws of the said United States. 
 
 2nd. That the said William H. Thomas, in pursuance of his said 
 agency aud trust reposed in him, did, from time to time, and from 
 various persons, purchase lands for the plaintiffs as a tribe and com- 
 muuity and settlement thereon, and carved up the same into towns, 
 which said purchases are included in and make a large tract situated 
 on Soco Creek and Ocoua Lufta River and their tributaries, known as 
 the Qualla Boundary, aud bounded as follows, to wit: Beginning at a 
 stump near the spring on Jackson County line, at the head of Jonathan's 
 Creek, where the Soco road crosses the mountain; thence in a northerly 
 direction with the said county line to the ridge which divides the waters 
 of the Ravin's Fork from Bradley, or west fork of Ocoua Lufta River; 
 thence with the water-shed of that ridge to the line of Widow Hugh's; 
 thence eastwardly, with her line, crossing Ravin's Fork; thence down, 
 and with her lines and the lines of Wesley M. Euloe, to the Ocoua Lufta 
 River; thence down with the meanders of said river to the southern 
 boundary of Samuel Monteith; theuce across said river, and with said 
 Mouteith's line, to his southwest corner; thence with the lines of an 
 entry made by W. H. Thomas, and other lines of said Thomas, keeping 
 
32 
 
 on his outside lines to the dividing ridge between the waters of Adam's 
 Creek and Newton's Mill Greek, so running said line as to include all 
 the Indians living on the headwaters of said Adam's Creek; thence in 
 a southerly direction, keeping on the water-shed of said ridge, to the 
 line of Sim Sherrell; thence, with his line, to Ocoua Lufta River; the 
 last two lines being run so as to include all the Indian settlements on 
 the east side of Newton's Mill Creek; thence with and across the said 
 Ocona Lufta River, to the upper boundary of J. M. Bird; thence, with 
 his line, to the corner of the first tract of what is known as the Slate 
 surveys above the said Bird ; thence up said river, with the lines of said 
 State surveys so as to include one tier of old surveyed tracts bordering 
 on said river, and striking said river below Ute Sherrell's, excluding 
 the tract now occupied by J. A. Gibbs, and also some entries known as 
 Thomas's entries; thence up, and with the meanders of said river, to a 
 tract of land occupied by an Indian named Ahma-cha-ma; thence, with 
 the line of that tract, and including the same, to the old line of Scroop 
 Enloe, or near it, but so as to exclude the tract now occupied by Mason 
 Reckley; thence, with the line of the tract so occupied by Reckley, 
 crossing the Soco Creek below his house, to the old line of said Scroop 
 Enloe; thence, with Enloe's line, to the line of Thomas's mill tract; 
 thence, with the line of said mill tract and with the line of an entry 
 known as Thomas's five hundred acre entry, and leaving the same out- 
 side, to the line of J. B. Sherrell's; thence, with his line, to the line of 
 a tract conveyed to Flying Squirrel by J. W. King; thence, with the 
 line of that tract, and so run as to include it, to the line of the Thomp- 
 . son Carter tract; thence with that tract, and so run as to include it, 
 to the top of the ridge which makes the water-shed between Soco Creek 
 and Shoal Creek; thence, with the said water-shed, to the south corner 
 of the Cathcart survey; thence, with the line of that survey to the 
 beginning at the head of Jonathan's Creek. 
 
 3d. We do, therefore, award that the general boundary, known as 
 the Qualla Boundary, and above described, belongs to, and shall be 
 held by the Eastern Band of Cherokee Indians, living in the State of 
 North Carolina, as a tribe or community, and whether living at this 
 time at Qualla or elsewhere in the State; and that the individual In- 
 dians above named as holding under said Thomas, either by deed or 
 contract, shall hold and possess their several tracts as their separate 
 property, with the quality of being inheritable, but without the power 
 of alienation except from one Indian to another, and then only with the 
 assent of their council. All the above, however, to be subject to the 
 payment of a sum of money to William Johnston as hereinafter provided. 
 
 6th. We find that in the course of the agency and trusteeship of the 
 
33 
 
 defendant Thomas for the plaintiffs he received, iu the way of payments 
 by the Government, contributions from individual Indians, and from 
 sales of lands, within the said common boundary at Qualla to individual 
 Indians large sums of money; that on the other hand, by reason of tlie 
 purchase for them of their lauds, by his services rendered them in secur- 
 ing their claims, and by his furnishing them, through a long series of 
 years, with clothing, food, farming tools, and other necessary supplies, 
 they became largely indebted to him; that after adjusting all claims 
 of every kind and description between them, except as hereinafter 
 mentioned, we hud that the said Indians owe the said Thomas a bal- 
 ance towards the purchase money of the said Qualla Boundary of 
 $18,250; that after the purchase of the said lands by the defendant 
 Johnston, under his executions against the defendant Thomas, the plain- 
 tiffs in pursuance of a coutract made with the said Johnston for the re- 
 demption of said lands on the 29th day of September, 1SC9, paid to 
 him the said Johnston, the sum of $6,500, which said payment we award 
 that the said Johnston shall apply as a credit on his said judgments 
 against Thomas as money paid by the plaintiffs toward the balance 
 above stated as due from them to Thomas; that the said sum of $0,500 
 with interest to this day amounts to the sum of $8,480, thus reducing 
 said balance due Thomas to the sum of $9,704. 
 
 7th. We find, in the suit at law ou the bond of Terrell and his sure- 
 ties, that the said defendant Terrell paid over to the said defendant 
 Thomas, his bondsmau, the sum of $2,478, which is sought to be recovered 
 in said suit ou his bond, relying on him to pay it out to those entitled; 
 and we further find that though such payment to Thomas was not in 
 strict compliance with the conditions of his bond, yet this sum being 
 paid to Thomas to whom the plaintiffs authorizing him to receive the 
 same and apply it toward the payment of said purchase money for their 
 lands, we do, therefore, award that the said sum witli its interest, this 
 day making $2,697.S9, be deducted from the above balance of $9,704, 
 thus reducing it to the sum of $7,000.1L; and upon the payment of this 
 last-mentioned sum, to wit, the sum of $7,000.11 with its interest from 
 this date at the rate of six per cent, per annum, to the said defendant 
 Johnston, and by him to be entered as a credit on his said judgments 
 against Tuomas, we do further award that the said plaintiffs shall have 
 a perfect equity to demand and have of him, the said Johnston, a con- 
 veyance of the legal title to all the lands embraced within their said 
 Qualla Boundary, the same to be made to them or to some trustee for 
 them; and until such conveyance be made the said Johnston, so soon as 
 said balance is paid him, shall himself stand seized as a naked trustee 
 of said lands to the use of said plaintiffs. 
 23078 9 
 
34 
 
 And whereas, upon such fiual hearing, it was ordered and decreed by 
 the court that the "award of said arbitrators be made an order of this 
 court, and that the same be observed and performed by all the parties 
 thereto according to the tenor and the meaning thereof": Now this in- 
 denture witnesseth, that the said party of the first part, in consider- 
 ation of the aforesaid sum of seven thousand and sixty-six dollars and 
 eleven cents, awarded by said arbitrators, and to him in hand paid 
 by the Eastern Band of North Carolina Cherokee Indians at and before 
 the ensealing and delivery of these presents, the receipt and payment 
 whereof he doth hereby acknowledge, hath granted, bargained, sold, 
 released, and confirmed, and by these presents, in pursuance of the 
 said order of court, and by force and virtue thereof, doth grant, bar- 
 gain, sell, release, and confirm unto the said party of the second part, 
 their heirs and successors, all that certain piece and parcel of laud 
 situate, lying, and being in the State aforesaid, and bounded and 
 described as follows, to wit: 
 
 [The elaborate description of the property conveyed is omitted as 
 unnecessary for the purposes of the bill.] 
 
 For a more full and perfect description of which tract of laud refer- 
 ence is here made to the field-notes of the survey of the same, on file in 
 the General Land Office, or a copy of the same on file in the Office of 
 Indian Affairs, Washington, D. C, marked L 236 (1876), together with 
 all and singular the hereditaments and appurtenances thereunto belong- 
 ing or in any wise appertaining, and the reversiug and remainders, 
 rents, issues, and profits thereof. To have and to hold the said above- 
 described premises with the appurtenances thereuuto belonging unto 
 the said Eastern Band of North Carolina Cherokee Indians, their heirs 
 and successors, forever. But without the power of alienation, except 
 by and with the assent of their council, and the approval of the Presi- 
 dent of the United States. 
 
 This deed is executed and delivered in pursuance of the award and 
 decree of the court in above-mentioned case of " Eastern Band of Cher- 
 okee Indians vs. William H. Thomas et al., n and is intended to convey 
 to said "Eastern Band of Cherokees" the interests acquired by said 
 William Johnston in and to the above-described lands, under deed of 
 conveyance made to him by the sheriff of Jackson, in June, 1869, by 
 virtue of sales of said lands made in pursuance of executions in the 
 hands of said sheriff, issued on judgments in favor of said Johnston 
 against William H. Thomas, and no further. 
 
 In witness whereof, the said paities of the first part have hereunto 
 set their hands and seals this 9th day of October, 1876. 
 
 War. Johnston, [seal.] 
 L. M. Johnston, [seal.] 
 
 
35 
 
 In probalo court. 
 
 Buncombe County: 
 
 Be it known that on this the 9th day of October, 1870, before the un- 
 dersigned, judge of probate in and for said county of Buncombe, per- 
 sonally came William Johnston and wife, Lucinda M., the parties de- 
 scribed in the foregoing - deed of conveyance to the Eastern Baud of 
 Cherokee Indians, and each duly acknowledged the execution thereof 
 for the purposes therein mentioned; and thereupon the said Lucinda 
 31. Johnston being by me privately examined, separately and apart 
 from the said husband, touching her free consent in the execution of 
 said deed, doth declare upon such her examination that she executed 
 the same freely, voluntarily, and of her own accord, without any fear, 
 force, or undue influence on the part of her said husbaud, or any one 
 else; and that she doth still voluntarily assent thereto. Therefore let 
 said deed and this certificate be registered. 
 
 [seal.] J. E. Beed, 
 
 Judge of Probate. 
 State of North Carolina, 
 
 Jackson County : 
 I, A. M. Parker, probate judge of Jackson County, do adjudge from 
 the certificate of J. E. Beed, probate judge of Buncombe County, to be 
 correct. Therefore let the deed, with the certificate, be registered this 
 June 30th, 18S0. 
 
 A. M. Barker, 
 Probate Judge of Jackson County, N. C. 
 Begs, fee, $10.50. 
 Probate judge, .25. 
 
 Office of Eegister o? Deeds, 
 
 June 30, 1880. 
 State of North Carolina, 
 
 Jackson County: 
 The within deed was this day duly registered in Book G, beginning 
 on page 334 and ending on page 353. 
 
 A. J. Long, 
 
 Eegister of Deeds. 
 Iu the probate court. 
 
 Swain County: 
 
 It is adjudged that the certificate of J. E. Beed, probate judge of 
 Buncombe County, is correct and genuine. 
 Therefore let the deed with certificates be registered in Swain County. 
 This July 3rd, 1SS0. 
 
 Sam. B. Gibson, 
 
 Probate Judge. 
 
36 
 
 Office of register of deeds of Swain County, North Carolina. 
 
 I, T. H. Parrisb, register of deeds of said county, do hereby certify 
 that the foregoing and withiu deed with the probate's certificates and 
 register's certificate and amount of fees did this day complete the reg- 
 istration in said county in Book B, No. 2, beginning on page 290 and 
 ending on page 317. 
 
 This July the 8th, A. D. 18S0. 
 
 T. H. Paerish, 
 
 Register of Deeds for Swain County, N. C. 
 Regr. fees, $10.50. 
 
 Exhibit D. 
 
 Whereas, under an award made by Rufus Barringer, John H. Dil. 
 lard, and Thomas Euffiii, arbitrators, in the case of the Eastern Band 
 of Cherokee Indians against William H. Thomas, William Johnston, 
 et al., in the circuit court of the United States for the western district 
 of North Carolina, James W. Terrell and Thomas D. Johnston were, by 
 a decree of said court, appoiuted commissioners to sell certain lands 
 referred to iu said award to discharge and pay off the judgments therein 
 awarded to be due to William Johnston from William H. Thomas, 
 which said lauds had theretofore been sold under execution on said 
 judgments and conveyed by deeds executed by the sheriffs of the coun- 
 ties of Cherokee, Macon, and Jackson, North Carolina, to the said 
 William Johnston ; and whereas, since the date of said decree said 
 judgments have been purchased and duly assigned to the Commissioner 
 of Indian Affairs of the United States, in trust, and for the use and 
 benefit of the Eastern Band of Cherokee Indians of North Carolina, and 
 under the provisions of an act of Congress entitled "An act to author- 
 ize the Commissioner of Indian Affairs to receive lands in payment of 
 judgments to Eastern Band of Cherokee Indians," approved August 
 14, 1870, the Commissioner of Indian Affairs was authorized to purchase 
 and receive certain lands, therein referred to, in full payment and final 
 discharge of the aforesaid judgments, in trust and for the use and ben- 
 efit of said Eastern Baud of Cherokee Indians ; aud whereas, in pursu- 
 ance of the provisions of said act of Congress, Mark C. Kiug on the 
 part of the Commissioner of Indian Affairs, and William A. Dills on the 
 part of William H. Thomas, were selected as appraisers to value and 
 appraise the lands hereinafter described, which are referred to iu the 
 aforementioned award, aud were duly selected by said Eastern Band of 
 Cherokee Indians, through a committee appointed by them at their 
 annual general council, held at Cheoah council grounds in Graham Co., 
 
37 
 
 North Carolina, on the first Monday of October, 187C ; and whereas, in 
 consideration of the above recited facts, and in full satisfaction of the 
 said judgments amounting - to the sum of twenty thousand five hundred 
 and sixty-one and x-^ dollars, a deed was executed on the 9th day 
 of October, A. D. 1S7G, by William Johnston and wife, Lucinda M. 
 Johnston, of the county of Buncombe, North Carolina, and James W. 
 Terrell, of Jackson Co., and Thomas D. Johnston, of Buncombe Co., 
 State aforesaid, commissioners uamed in said award, and also agents 
 and attorneys for William H. Thomas, by virtue of a power of attorney 
 dated June 3, 1S75, to the Commissioner of Indian Affairs, as trustee 
 for said Eastern Band of Cherokee Indians, for 15,21 li acres, which 
 are referred to in the aforesaid award, in satisfaction of said judgments ; 
 and whereas, in making said deed it was found impracticable to obtain 
 correct descriptions of the lands to be conveyed until after a survey of 
 the same, it was agreed by and between all parties to said deed that 
 after a survey was made a new deed should be executed by William 
 Johnston and wife, and Messrs. Terrell and Johnston, commissioners as 
 aforesaid, and attorneys for William H. Thomas, containing correct 
 descriptions of said lands; audit was further understood and agreed 
 at the time of executing said deed between all parties to the same, 
 that when the number of acres called for in said deed should not 
 hold out by the survey the balance was to be made up by the said 
 first parties from adjacent lands owned by them, and in case the 
 area should overrun the number of acres called for in said deed, 
 the deduction should be made in the new deed; and that all clouds 
 upon the title to the lands in question were to be removed by said 
 William H. Thomas, and that in case any lands included in the said 
 deed shall have been conveyed by said Thomas to white men before 
 the execution of the said deed of October 9, 1876, then and in such 
 case, other lands of the same class may be substituted therefor to the 
 extent of 600 acres, it being contemplated in said deed to convey just 
 the number of acres at the value fixed by the appraisers necessary to 
 liquidate the judgments aforesaid ; and whereas said lands which have 
 unclouded titles have been surveyed, and correct descriptions and area 
 obtained, and it has also been found that part of the lands iucluded in 
 the State grants embraced in said deed have been conveyed by said 
 Thomas to white men before the execution of the same, and that these 
 titles can not be cleared now, and the parties of the first part having 
 agreed to substitute other lands therefor, which has received the ap- 
 proval of the Commissioner of Indian Affairs, dated June 22, L880 ; 
 aud the said tracts to be so substituted having been duly selected by 
 the said Eastern Band of Cherokee Indians through a committee ap- 
 23678 10 
 
38 
 
 pointed by them at a special meeting of the regular council of tbe band 
 held July 3, 1880, at Yellow Hill Council House, in Swaine Co., N. C. ; 
 and whereas, since the date of the first deed, the said William H. Thomas 
 has been declared a lunatic, and William L. Hilliard, of Buncombe Co., 
 was appointed, April 5, 1878, his guardian by the probatecourtof Jackson 
 Co., N. C, and then has upon due proceedings had an order made and 
 entered in the said probate court authorizing and directing the said 
 guardian to make and execute title to the lands hereinafter described : 
 
 Now, therefore, in consideration of the above recited facts, aud in 
 full satisfaction of the aforesaid judgments, which amounted at the 
 date of the first deed, October 9, A. D. 1876, to the sum of twenty 
 thousand five hundred and sixty-one and j s \ dollars, the following in- 
 denture (which is to take the place of the first deed) is executed: 
 
 This indenture, made and executed this (14) fourteenth day of August, 
 in the year of our Lord one thousand eight hundred and eighty, by and 
 between William Johnston and wife, Lucinda M.Johnston, and William 
 L. Hilliard, of Buncombe Co., North Carolina, guardian of William H. 
 Thomas, as aforesaid, and James W. Terrell, of Jackson Co., and Thomas 
 D. Johnston, of Buncombe Co., State aforesaid, commissioners under the 
 said decree of the circuit court of the United States for the western 
 district of North Carolina, at the November term, A. D. 1874, at Ashe- 
 ville, and also as agents and attorneys for William H. Thomas by virtue 
 of a power of attorney to them, dated June 3, 1875, of the first part, 
 and the Commissioner of Indian Affairs of the United States as trustee 
 for said Eastern Baud of Cherokee Indians of North Carolina of the 
 second part, witnesseth : 
 
 That the said parties of the first part, for aud in consideration of the 
 premises, aud in the further consideration of the payment of the amount 
 and final discharge of said judgments, amounting to twenty thousand 
 five hundred and sixty-one and -$fc dollars, the receipt whereof is hereby 
 confessed and acknowledged, have granted, bargained, sold, aliened, 
 enfeoffed, released, and conveyed, and do by these presents grant, bar- 
 gain, sell, alien, enfeoff, release, and convey unto the party of the sec- 
 ond part, the Commissioner of Indian Affairs and his successors in office, 
 as trustee for the Eastern Band of Cherokee Indians of the State of 
 North Carolina, all their right, title, interest, claim, or demand whatso- 
 ever in aud to the following-described lands, to wit : 
 
 1. The laud awarded to Dick-ageeske's heirs, being section 307 in 
 district number nine in Graham County, N. C, bounded and more par- 
 ticularly described as follows, viz : Beginning on a hickory on a ridge 
 N. W. corner of 405, from which a B. oak 6 in. dia. bears S. 37 W. 7 
 links dist., and a B. oak 6 in, dia. bears W. 20 links dist. ; thence N, 50 
 
39 
 
 E., reaching corner No. 2 at 90 poles a hickory (fallen) corner ou a small 
 hickory ; thence S. 50 E. alongside of a ridge reaching a chestnut in a 
 hollow at 180 poles, cor. 3 (formerly a stake) ; thence S. 50 W. 90 poles 
 to a post oak ou a ridge, beginning cor. of No. 405 ; thence N. 50 W. 
 with the line of No. 405 180 poles to the beginning, containing one 
 hundred acres. 
 
 2. The laud awarded to Ootal-ka-nab, being section three hundred 
 and seventy-three in district number nine, in Graham Co., N. C, 
 bounded and more particularly described as follows, viz : Beginning on 
 a Spanish oak 5 poles from N. bank of Snowbird River, from which a 
 white oak 28 in. dia. bears S. 30 E. 47 links dist., and a B. oak 8 in. 
 dia. bears N. 50 E. 32 links dist. ; thence N. 30 E. reaching corner at 
 100 poles, a sonrwood on a rock (fallen), corner on a hickory; thence 
 E. 140 poles to a red oak (fallen), cor. on a white oak, corner 3 and 
 corner 2 of tract No. 1995 ; thence S. 30 W. 100 poles to a cottonwood 
 on the N. bank of Snowbird River; thence up theiiveras it meanders, 
 reduced to direct line 140 poles to the beginning, containing seventy- 
 five acres. 
 
 3. The land awarded to Chin-aque (or John Owl), "whereon he lived 
 in 1855, in Cherokee County, excepting all mineral interest," being tract 
 number 98 iu district number one in said county, on the waters of Ven- 
 geance Creek, bounded and more particularly described as follows, viz: 
 Beginning at a pine the begiuuing corner of No. 97 from which a white 
 oak 15 in. dia. bears N. 2 E. 34 links dist. and a white oak 20 in. dia. 
 bears N. 55 E. 30 links distant and hickory 12 in. dia. bears S. 47 E. 27 
 links dist. thence E. crossing Vengeance Creek at 34 poles, reaching 
 corner at a birch at 108 poles ; thence N. crossing Vengeance Creek, 
 reaching corner at 126 poles, corner on a sassafras ; thence W. 108 poles 
 to a B. oak cor. of No. 90; thence S. with the Hue of No. 90 126 poles 
 to the beginning, containing eighty-five acres. 
 
 4. The laud awarded to Too-way-al-lah, being part of number twelve 
 in district number ten, in Graham Co., N. C, bounded and more par- 
 ticularly described as follows, viz: Tract lying on the waters of Snow- 
 bird Creek; beginning ou a post the NW. corner of 363 of the State 
 survey, from which a black oak 6 in. dia. bears N. 4 W. 24 links dist., 
 and a white oak 6 in. dia. bears S. 85 W. 43 links dist.; thence S. 65 W. 
 180 poles to a chestnut oak, corner 2; thonce S. 40 E. 90 poles to a hick- 
 ory, corner 3, on the side of a ridge; thence N. 65 E. 180 poles to a hick- 
 ory on a line of No. 363 of the State survey, coruer 4; thence with said 
 line N. 40 W. 90 poles to the beginning, contaiuiug ninety-nine acres. 
 
 5. The land awarded to Corn Silk, being section 5S8 iu district num- 
 ber nine, in Graham Co., N. C, bounded and more particularly described 
 
40 
 
 as follows, viz: Beginning on a hickory from which a black gum 6 in 
 dia. bears N. 32 W. 23 links dist., and a white oak 12 in. dia. bears N. 
 75 E. GO links dist.; thence S. GO W. 90 poles to a white oak near a trail, 
 corner 2; thence N. 53 W. ISO poles to a chestnut (fallen) corner on a 
 spruce pine, corner 3; thence N. 06 E. reaching Snowbird Eiver at 44 
 poles, reaching a chestnut at 90 poles on the N. bank of said river, 
 corner 4; thence S. 53 E. crossing river at 2 poles, reaching beginning 
 at 180 poles, containing ninety acres. 
 
 6. The land awarded to Tracking Wolf, being section 404 in district 
 number nine, in Graham Co., N. C, bounded and more particularly de- 
 scribed as follows, viz: Beginning on a Spanish oak, formerly a hickory, 
 from which a chestnut 48 in. dia. bears S. 42 W. 34 links distant, and a 
 chestnut oak 20 in. dia. bears N. G8 E. 25 links dist.; thence H". 35 W. 
 1G0 poles to a spruce pine in the line of No. 307, corner 2; thence with 
 said line S. 50 W. 40 poles to a post oak, corner 3, and beginning corner 
 of No. 405, 4 corner of No. 367; thence S. 10 E. 10 poles with the line of 
 No. 405, 20 poles to a post in a field; thence S. 35 E. crossing Snowbird 
 Kiver at 28 poles, reaching corner No. 4 at 140 poles, a hickory, formerly 
 a stake on W. bank of Snowbird Eiver; thence N. 10 E. along face of 
 mountain, crossing Snowbird Eiver at 72 poles, passing corner No. 59 
 at 84 poles, reaching the beginning at 125 poles, containing ninety-three 
 acres. 
 
 7. The land awarded to Bichard Henson in section fourteen in district 
 number five, in Cherokee Co., N. C, bounded and more particularly 
 described as follows, viz: Beginning on a black oak (fallen), set a post 
 which stands S. 160 poles from No. one connecting line of this tract, 
 from which a Spanish oak 4 in. dia. bears S. 12 W. 10 links dist. and a 
 black oak 4 in. dia. bears N. 59 W. 12 links dist.; thence S. 160 poles to 
 a black oak, the N. W. cor. of No. 4; thence E. 103 poles to a black gum, 
 the S. W. corner of No. 9 in the gap of small ridge near the new turn- 
 pike road; thence N. 160 poles, reaching corner NW. corner of No. 9 
 (fallen), set a post; thence W. 103 poles to the beginning, containing 
 one hundred and three acres. 
 
 8. The land awarded to Richard Henson and others, and their heirs, 
 in section eleven in district number five, in Cherokee Co., N. C, bounded 
 and more particularly described as follows, viz: Beginning on a post 
 the N. W. cor. of tract No. 9, and the N. E. cor. of No. 2 of the U. S. 
 survey, from which a white oak 15 in. dia. bears N. 0L E. 42 links dist., 
 aud a B. oak 12 in. dia. bears S. 9 W. 30 links distant; thence E. 100 
 poles to a post oak on top of hill N. E. cor. of No. 9 ; thence N. passing 
 N. W. cor. of No. 8 at SO poles, reaching corner at 439 poles (fallen), set a 
 post from which a sassafrac 12 in. dia. bears N. 30 E. 32 links dist., and 
 
41 
 
 a chestnut 14 in. dia. bears N. 77 W. 30 links distant; thence W. cross- 
 ing turnpike road at 124 poles, total distance 1G0 poles, to corner 3 (set 
 a post), from which a red oak 10 in. dia. bears S. 71 E. 15 links (list., 
 and a pine 12 in. dia. bears 1ST. 10 E. 25 links dist. ; thence S. recrossing 
 turnpike road at 70 poles, reaching the beginning at 439 poles, contain- 
 ing four hundred and thirty-nine acres. 
 
 9. The land ("bounty claim" ) awarded to Richard Henson, in dis- 
 trict number five, in Cherokee County, N. C, bounded and more par- 
 ticularly described as follows, viz: Beginning at a post oak SW. corner 
 of No. 21, from which a post oak 20 in. dia. bears S. 1C W". 20 links 
 dist. and a hickory G in. dia. bears N. 82 E. 19 links dist. and a chestnut 
 G in. dia. bears 1ST. 22 W. 4 links dist. ; thence W. reaching cor. at 139 
 poles ; thence N. 45 W. 48 poles, but found to be S. 72 poles to a hick- 
 ory (fallen), set a post from which a white 8 in. dia. bears N. IS W. 35 
 links dist. (no other witness tree available) ; thence W. crossing Hang- 
 ing Dog at 47 poles, reaching corner at 07 poles; thence N. 45 W. 47 
 poles to comer of No. 20 ; thence N.4L poles to a pine in line of No. 20 ; 
 thence W. reaching corner at 379 poles and with Fains donation line ; 
 thence S. 1 W. reaching cor. at 95 poles; thence S. 20 W., found to be 
 S. GS W., crossing a small ridge reaching cor. at GG poles ; thence S. 9 
 E. 59 poles, found to bo GG poles ; thence S. 8 poles to a post oak, NE, 
 cor. of No. 58; thence S. 18G poles, passing Campbell Taylor's farm, it 
 being corner of No. 5G (fallen), set a post from which a B. oak 12 in. dia. 
 bears S. 20 E. 35 links dist. and a B. oak 11 in. dia. bears S. 9 W. 35 
 links dist.; thence B. 57 E., found to be N. G7 E., reaching cor. at 77 
 poles on side of a hill; thence S. 23 E., found to be S. 70 E., reaching 
 cor. at the E. bank of Grape Creek, crossing creek at 79 poles; thence 
 S. 43 E. 28 poles, recrossing Grape Creek, N\V. of No. Gl corner tree 
 fallen, set a post, no witness trees available; thence E. crossing a dim 
 road at 48 poles, passing over rolling land, and NK. cor. of No. Gl at 102 
 poles, reaching NE. cor. of No. G2 at 2GS poles; thence S. 123 poles to 
 a post oak SE. cor. of No. G2; thence W. with the line of No. 62, 52 poles 
 to a post oak in said line; thence S. 141 poles to a B. oak in N. boundary 
 line No. 3G; thence E. 222 poles with the line of No. 3G and 35, passing 
 pts cor. at GO poles, a B. oak and stake is NE. cor. of No. 35 ; thence N. 
 120 poles to a small black oak, NW. cor. of No. 14 (not found), set a post, 
 crossing Hanging Dog Creek at SO poles; thence E. with the line of No. 
 14, 1GG poles to a small post oak; thence N. passing NW. cor. of No. 1G, 
 crossing a small branch at 124 poles, ascending a long ridge reaching 
 top of ridge at 33G poles, descending hill reaching corner at 434 poles a 
 hickory in line of No. 44, cut down, corner on a B. oak ; thence W. pass- 
 ing SW. corner of No. 4t at 10 poles, reaching corner at 100 poles SW. 
 23678 11 
 
42 
 
 and beginning corner of No. 22; tlience N. thro, liat land reaching tbe 
 beginning at 100 poles, containing two thousand one hundred and 
 eighty acres. 
 
 10. Tbe land awarded to "Salka nab and others," in district number 
 six, in Cherokee Co., N". C, bounded and more particularly described as 
 follows, viz: Tract number sixty-three, in district number six, beginning 
 on a Spanish oak NE. cor. of number 01, from which a B. oak G in. dia. 
 bears S. 40° E. 12 links distant, and a Spanish oak G in. dia. bears NW. 
 36 links dist.; thence N. over rolling land 121 poles to a B. oak in gap 
 of ridge; tbence W. across side of mountain with the line of No. G4, 121 
 poles to a blackjack; thence S., ascending mountain, reaching cor. at 
 121 poles, a black oak; tbence E. with the of No. Gl, 121 poles to tbe 
 beginning, containing ninety-one acres. 
 
 11. The land awarded to Tes-a-tecs kak, situated in district number 
 nine, in Graham Co., N. C, bounded and more particularly described as 
 follows, viz: Beginning at a small hickory on tbe E. bank of Snowbird 
 River, old corner (fallen), from which a hickory G in. dia. bears N. 45 
 VV. 7 links distant, and a white oak G in. dia. bears S. 45 W. 15 links 
 distant; thence E. ascending mountain, reaching corner on side of said 
 mountain at 94 poles a hickory, corner 2; thence S. along the face of the 
 mountain, descending gradually, reaching Snowbird Biver at 110 poles, 
 this point being N. 55 W. 11G poles from the 2d and NE. cor. of No. 3G7, 
 beginning to ascend a steep mountain at 115 poles, reacbiug corner No. 
 3, a chestnut, at 127 poles; thence W. along the side of a mountain, 
 reaching corner at 94 poles, a chestnut (fallen), corner on a white oak, 
 corner 4; thence N., descending mountain, reaching river at 124 poles, 
 reaching beginning at 127 poles, containing seventy-four acres. 
 
 12. Tbe land awarded to George Oo yah ste-ah, in section 3G5, in dis. 
 trict number nine, in Graham Co., N. O., bounded and more particu- 
 larly described as follows, viz: Beginning on a B. oak from which a 
 white oak 8 in. dia. bears E. 34 links dist. and a Spanish oak G in. dia. 
 bears W. 14 links dist. ; thence S. 90 poles to a chestnut, corner No. 2 ; 
 thence W. ascending a mountain gradually reaching top 10G poles, be- 
 ginning to descend mountain at 10S poles, reaching base at 1G5 poles, 
 reaching an apple tree at 180 poles, corner No. 3 ; thence N. 90 poles to 
 a B. oak, formerly a stake, corner No. 4; tbence E. ascendiug mount- 
 ain reaching top at 20 poles ; tbence along tbe face of tbe mountain 180 
 poles to beginning, containing one hundred and one acres. 
 
 13. The land awarded to Cah-nah-a-to-go and others, in section 405, 
 in district number nine, in Graham Co., N. C, bounded and more par- 
 ticularly described as follows, viz : Beginning on a post oak on a ridge 
 from which a B. oak G in. dia. bears S. 29 E. 70 links dist. and a B. oak 
 
43 
 
 14 in. ilia, bears N. 37 links dist. ; thence N. 50 W. reading Suowbird 
 River at 108 poles, reaching a hickory at 180 poles, corner No. 2, with 
 the line of No. 307 ; thence S. 10 E. reaching an iron- wood in a cove at 
 00 poles, corner No. 3; thence S. 50 E. crossing Snowbird River at 140 
 poles; theuce over flat land crossing river at 162 poles, crossing again 
 at 180 poles, reaching corner at formerly a stake but made on a large 
 spruce pine at 180 poles, corner No. 4; thence N. 90 poles to beginning, 
 containing sixty-three acres. 
 
 14. The land awarded to Co-he-los kak, in section 93, in district num- 
 ber nine, in Graham Co., N. C, bounded and more particularly de- 
 scribed as follows, viz: Beginning on a white oak on point of a ridge, 
 at N. E. corner of No. 17, from which a post oak 14 in. dia. bears S. 47 
 W. 50 links dist. and a white oak 10 in. dia. bears is. 60 west 10 links 
 (list.; thence W. with the line of No. 17, reaching Snowbird Creek at 
 108 poles, reaching a post on the W. bank at 112 poles, corner No. 2 ; 
 thence N. with the line of No. 98, reaching the E. bank of Snowbird 
 River at 24 poles, running over smooth rolling land 190 poles to a post 
 oak, corner No. 3; thence E. with the line of No. 90, 112 poles to a young 
 B. oak for cor. No. 4, and N. W. corner of No. 91 ; thence S. with the 
 line of No. 91, 190 poles to the beginning, containing one hundred and 
 thirty-three acres. 
 
 15. The lauds awarded to Chees que-ne-tak (or Tom tee-otelah), in 
 district number ten, in Graham Co., N. C, on the waters of Buffalo 
 Creek, bounded and more particularly described as follows, viz: Begin- 
 ning on a small chestnut on bank of branch 5 poles N. from N. W. cor- 
 ner of tract No. 13, in district number ten, from which a white oak 12 
 in. dia. bears N. 50 links distant, and a white oak 8 in. dia. bears S. 70 
 W. 30 links dist. Thence N. 07 W. reaching a pine at ISO poles, on side 
 of mountain, corner No. 2; thence S. along side of a mountain 105 poles 
 to a large hickory in a cove, corner No. 3; thence E. descending grad- 
 ually, reaching a pine at 1G0 poles, in the line of No. 13, cor. No. 4; 
 thence N. with the line of No. 13, 92 poles to the beginning, passing 
 N. E. cor. of No. 13 at 87 poles, containing one hundred and twenty- 
 eight acres. 
 
 16. The land awarded to Tetal-ka-nab, being tract No. 91, in district 
 number nine, in Graham Co., N. C, bounded and more particularly de- 
 scribed as follows, viz: Beginning on a white oak on the S. side of a hill, 
 N. W. cor. of No. 19, from which a B. oak 14 in. dia. bears N. 07 W. 100 
 links dist., and a hickory in. dia. bears N. 56 E. 30 links dist; thence 
 W. with the lines of numbers 95 and 90 over rolling land 197 poles, to a 
 young B. oak in the line of No. 90 ; thence S. with the line of No. 93 
 190 poles to a white oak on point of a ridge for corner No. 2 ; theuce E. 
 
44 
 
 with the Hue of No. 1G and 15 ascending a hill at 121 poles, reaching top 
 at 112 poles, descending at 11-1 poles, passing corner of No. 1G at 152 
 poles, total 197 poles, to a B. oak for corner No. 4 ; thence N. 190 poles 
 to the beginning, with the line of No. 19, containing two hundred and 
 thirty-four acres. 
 
 17. Tract number seventeen, in district number nine, in Graham Co., 
 N. C, bounded and more particularly described as follows, viz: Begin- 
 ning on a mountain oak on point of ridge S. W. corner of No. 91, from 
 which a post oak 14 in. dia. bears S. 47 W. 50 links dist., and a white 
 oak 10 in. dia. bears N. GO YV. 10 links dist.; thence S. over rolling land 
 with the line of No. 1G, reaching at 1S1 poles a hickory on the side of a 
 mountain for cor. No. 2 ; thence W., reaching a hickory on side of a 
 mountain at 112 poles, corner No. 3; thence N. over rolling land 1G0 
 poles to Snowbird River, reaching at 184 poles to a post, corner No. 4, on 
 the W. bank of said river, from which a spruce pine G in. dia. bears S. G 
 B. 40 links dist., and a chestnut 12 in. dia. bears S. G E. 40 links dist., 
 and a chestnut 12 in. diameter bears N. 4 W. 44 links dist.; thence B. 
 with the line of No. 93, crossing Snowbird River 4 poles wide, runs N. E., 
 reaching at 112 poles the beginning, containing one hundred and twenty- 
 eight acres. 
 
 18. Tract number 37, in district number nine, in Graham Co., N. C, 
 bounded and more particularly described as follows, viz : Beginning 
 on a hickory N. E. corner of No. 33, from which a B. oak 8 in. dia. 
 bears N. 30 W. 42 links, and a Spanish oak 20 in. dia. bears S. 20 E. 33 
 links distant ; thence E. with the line of No. 3G, reaching a pine on 
 the side of a hill at 90 poles, corner 2; thence N. along the face of 
 mountain, reaching corner at 120 poles, a black gum, corner 3 ; thence 
 "W. along the face of mountain 90 poles to a Spanish oak on side of 
 mountain, cor. 4 ; thence S. along the face of mountain 120 poles to the 
 beginning with the line of No. 32, containing sixty-seven acres. 
 
 19. Tract number 87, in district number nine, in Graham Co., N. C, 
 bounded and more particularly described as follows, viz : Beginning 
 on a chestnut N. W. corner of 8S, from which a white oak 12 in. dia. 
 bears ft. 24 E. 4 r ) links dist., and a chestnut 38 in. dia. bears S. 1G E. 
 41 links dist. ; thence W. crossing W. fork of Mountain Creek at 40 
 poles, reaching a hickory at 154 poles, corner in a hollow ; thence S. 
 1G0 poles to a white oak, cor. No. 3, standing 74 poles N. from N. E. 
 corner of No. 90 ; thence E. 154 poles to a small B. oak, corner 4 and 
 corner No. 88 ; thence N., crossing Mountain Creek at 42 poles, running 
 over rolling land 160 poles with the line of No. SS to the beginning, con- 
 taining one hundred and fifty-four acres. 
 
 20. Tract number SS, in district number nine, in Graham Co., N. C, 
 
45 
 
 bounded and more particularly described as follows, viz : Beginning 
 on a B. oak S. E. cor. of No. 87, from which, a B. oak G in. dia. bears S. 
 57 W. 15 links distant, and a B. oak 12 in. dia. bears N. G7 E. 13 links 
 dist. ; thence E. 104 poles to a small B. oak for cor. No. 2 ; thence N. 
 I(i0 poles to a small white oak, corner No. 3; thence W. 15 poles to a 
 mountain creek, reaching a chestnut at 140 poles near the foot of said 
 bill, corner No. 4 ; thence S. with the line of No. S7, crossing Mountain 
 Creek at 118 poles, reaching the beginning at 100 poles, containing one 
 hundred and four acres. 
 
 21. Tract number 92, in district number nine, in Graham Co., N. C, 
 bounded and more particularly described as follows, viz : Beginning at 
 a B. oak N. E. cor. of No. 84, from which a Spanish oak IS in. dia. bears 
 N. 3 E. 3S links distant, and a B. oak 8 in. dia. bears S. 85 W. 20 links 
 dist. ; thence E. with the line of No. S5 crossing Sweetwater Creek at 
 six poles, reaching cor. No. 2, a B. oak near the top of mountain, at 126 
 poles (formerly 120 poles) ; thence N. along the face of mountain, cross- 
 ing top of mountain at 140 poles, reaching corner No. 3 at 171 poles, a 
 Spanish oak in a cove; thence W., ascending a mountain, crossing top 
 of mountain at 20 poles, reaching cor. at 120 poles ; thence S. descend- 
 ing mountain 171 poles to the beginning, containing (L34) one hundred 
 and thirty-four acres. 
 
 22. Tract number 00, in district number nine, in Graham Co., N. C, 
 bounded and more particularly described as follows, viz.: Beginning on 
 a black oak N. E. corner of No. 100, from which a post oak 14 in. dia. 
 bears S. 88 E. S5 links dist., and a white oak 20 in. dia, bears N. 61 E. 70 
 links dist ; thence N. 40 poles to a locust on the side of a hill for cornet- 
 No. 2 ; thence E. reaching corner No. 3, a chestnut, at 208 poles ; thence 
 S. over rolling laud 103 poles to a B. jack, S. W. corner of No. 00, for 
 corner No. 4 with line of No. 80; thence W. 20S poles to a hickory for 
 corner No. 5; thence N. 62 poles to the beginning, containing one hun- 
 dred and forty-one acres. 
 
 23. Tract number 103, in district number nine, in Graham Co., N. C, 
 bounded and more particularly described as follows, viz : Beginning on 
 a white oak in a field N. W. cor. of No. 101 (no witness trees available) ; 
 thence N. with district line ascending hill, reaching top at 44 poles, at 
 105 poles reaching corner No. 2, a small black oak on hillside, from 
 which a black oak in. dia. bears N. 37 W. 20 links dist., and a chestnut 
 S in. dia, bears S. 82 E. 45 links distant; theuce E. through flat land 140 
 poles to a black oak for cor. No. 3 on poiut of a ridge ; thence S. 105 
 poles, reaching post oak for corner No. 4 in a line of No. 101 ; thence 
 ■west with the line of No. 101 140 poles to the beginning, containing 
 ninety-five acres. 
 
 * 23678 12 
 
4G 
 
 24. Tract number eight, in district number ten, in Graham Co., N. C., 
 bounded and more particularly described as follows, viz: Beginning on 
 a hickory the S. E. cor. of No. 20 and S. W. corner of No. 21, from which 
 a hickory 10 in. dia. bears S. 87 W. 50 links distant and a 13. oak 18 in. 
 dia. bears N. 03 W. 54 links dist.; thence S. with the line of No. 19, 
 reaching Cheoih ltiver at 100 poles, 8 poles wide runs N. W., reaching 
 at 22G poles, corner a hickory near top of mountain ; thence W. with 
 the line of No. 7 along the side of a mountain, crossing a branch at 90 
 poles 8 links wide, and runs N., bear. cor. running through a field, ascend- 
 ing a high ridge at 120 poles, summit at 200 poles, then along said ridge 
 to 284 poles to a small chestnut oak, corner No. 3, on point of iidge; 
 thenoe N. descending ridge, reaching a branch at 72 poles 10 links wide, 
 runs E. crossing a branch 12 links wide, reaching at 220 poles corner, 
 a hickory; thence E. 28-1 poles to the beginning, containing four hun- 
 dred and one acres. 
 
 25. Tract number seven, in district number one, in Cherokee County, 
 N. C, bounded and more particularly described as follows, viz: Begin- 
 ning at a hickory at the foot of a mountain near a branch from which a 
 hickory 14 in. dia. bears N. 38 W. 20 links dist., and a white oak 10 in. 
 dia. bears S. 15 \V. 22 links dis. ; thence N. 200 poles to a b. oak fallen 
 corner on a hickory; thence W. 150 poles to a Spanish oak on top of a 
 mountain (fallen), set a post, thence S. 200 poles to a b. oak corner, 
 thence E. 150 poles to the beginning, containing one hundred and ninety- 
 five acres. 
 
 20. Tract number 50, in district number one, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz : Beginning at 
 a black jack, N. W. cor. of No. 55, from which a b. jack 9 in. dia. bears 
 N. 00 W. 25 links dist., and a b. gum in. dia. bears S. 1 W. 10 links 
 dist.; thence W. with the line of No. 01, 2G5 poles to a stake and 
 pointers, cor. on a b. oak on line of No. 59 ; theuce S. 190 poles, pass- 
 ing corner of No. 59 at SO poles, corner on a chestnut oak, No. 3 ; thence 
 E. with the line of No. 17, 2G5 poles to a pine ; thence N. with line of 
 No. 55, 190 poles to the beginning, containing three hundred and four- 
 teen acres. 
 
 27. Tract No. 57, in district number one, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz : Beginning on 
 a blackjack, on a ridge, the beginning of No. 5G, from which a b. jack 
 9 in. dia. bears N. GO W. 25 links dist., and a black gum G in. dia. bears 
 N. 1 W. 10 links dist.; thence N. with the line No. 01, 170 poles to two 
 hickories in a flat ; theuce E. with the line of No. 5S, 220 poles to a 
 hickory on a ridge (fallen) corner on a black gum ; thence S. with the 
 line of No. 51, 170 poles to a black oak, corner 4, and beginning corner 
 
47 
 
 of No. 53, thence W. with the liue of No. 55, 220 poles to the beginning', 
 containing (233) two hundred and thirty-three acres. 
 
 2S. Tract No. 58, in district number one, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz: Beginning at 
 a b. oak, on paint of a ridge, the beginning cor. of 52, from which a 
 white oak 8 in. dia. bears N. 85 W. 10 links dist. ; thence W. 220 poles 
 to a stake, corner on a white oak ; thence S. 200 poles, to two small 
 hickories in a flat ; thence with the line of No. 57, 220 poles to a hickory, 
 N. E. corner of No. 57 (fallen) corner on a black gum ; thence N. with a 
 line of No. 52, 206 poles to the beginning, containing (283; two hundred 
 and eighty-three acres. 
 
 20. Tract No. 50, in district number one, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz : Beginning at 
 a post oak, N. E. cor. of No. 9, from which a p. oak, 15 in. dia.. bears N. 
 05 E. 45 links dist., and a hickory 6 in. dia., bears N. 27 W. 20 links 
 dist.; thence E. with the line of No. GO, 90 poles to a hickory in a hol- 
 low near a branch ; thence S. with the lines of Nos. 01 and 56, 176 poles 
 to a post in a line of No. 56, passing corner of 61 at 90 poles ; thence 
 W. with the line 90 poles to a b. oak near a branch ; thence N. with the 
 line of No. 9, 176 poles to the beginning, containing ninety-two (92) 
 acres. 
 
 30. Tract No. 00, iu district number one, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz: Beginuiug at 
 a hickory in a hollow in a line of No. 61, from which a hickory 12 in. 
 dia. bears S. 50 E. 40 links dist. and a Spanish oak* 15 in. dia., bears N. 
 41 E. 45 links dist.; thence N. with the liue of No. 61, 80 poles to a 
 white oak on the S. bank of a branch, corner 2; thence W. 30 poles to 
 a mountain birch on the S. bank of Valley Biver, at the mouth of a 
 branch, cor. 3 ; thence down said river as it meanders, S. 40 W. 36 poles; 
 S. 05 W. 14 poles; N. 65 W. 25 poles; N. 32 W. 68 poles; N. 62 W. 13 
 poles; W. 15 poles; S. 37 W. 46 poles; S. 21 W. 58 poles; S. 31 poles 
 to a white oak on bank of said river (fallen), cor. on a locust; thence 
 E. with the lines Nos. 9 and 59, 204 poles to the beginning, containing 
 ninety-six acres. 
 
 31. Tract No. 96, iu distiict number one, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz: Beginning at 
 a chestnut, the beginning cor. of No. 95, from which a b. gum 14 in. dia. 
 bears N. 30 E. 42 links dist., and a red oak 14 in. dia. bears N. 8 W. 32 
 links dist.; thence E. with the liue of No. 95, 80 poles to a pine on a 
 knoll; thence N. with the liue of No. 98, 120 poles to a b. oak, N. "W. 
 cor. of No. 98; thence W. with the line of No. 99, 86 poles to a corner 
 from which a chestnut oak 12 in. dia. bears N. 24 W. 52 links dist., 
 
48 
 
 and a piue 12 in. dia, bears X. S3 E. 40 links dist.; thence S. 140 poles 
 to the beginning, containing sixty-seven acres. 
 
 32. Tract No. 61, in district number one, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz: Beginning on 
 a white oak, X. E. cor. of No. 60, from which a chestnut 6 in. dia. bears 
 S. 14 W. 15 links dish, and a maple 6 in. dia. bears X. 26 W. 20 links 
 dist.; thence S. with the lines of Nos. 60 and 59, 170 poles to a stake, 
 cor. on a b. oak; thence E. with the line of No. 56, 265 poles to a black- 
 jack, cor. 3, and beginning of Nos. 56 and 57; thence N. with the line 
 of No. 57, 170 poles to two hickorys in a held, cor. 4, and N. W. cor. of 
 No. 57; thence W. 265 poles to the beginning, containing two handled 
 and eighty-one acres. 
 
 33. Tract No. 97, in district number one, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz: Beginning at 
 a pine on a knoll, the beginning of No. 98, from which a white oak 15 
 in. dia. bears N. 2 E. 34 links distant, and a white oak 20 in. dia. bears 
 N. 55 E. 30 links dist., and a hickory 12 in. dia. bears S. 47 E. 27 links 
 dist.; thence S. with the line of No. 95, 6 poles to Vengeance Creek, 
 reaching cor. at 116 poles a white oak S. E. cor. of No. 95; thence E. 
 10S poles to a maple, cor. No. 3; thence N. 116 poles to a beech, cor. 4 
 and S. E. cor. of No. 98; thence W. with the line of No. 98, 108 poles to 
 the beginning, containing seventy-eight acres. 
 
 34. Tract No. 99, in district number one, in Cherokee County, N. C, 
 bounded and more particularly described as follows, viz: Beginning on 
 a black oak (fallen) the beginning of No. 93, from which a b. oak 12 in. 
 dia. bears N. 15 E. 33 links dist., and a post oak 6 in. dia. bears N. 41 
 W. 41 links dist.; thence N. 96 poles to a b. oak, the beginning cor. of 
 No. 100 ; thence E. with the line of No. 100, 206 poles to a stake cor. on 
 maple on N. bank of Vengeance Creek ; thence S. 18 W. 9S poles to a 
 black oak N. E. cor. of No. 96; thence W. 178 poles to the beginning, 
 containing one hundred and fifteen acres. 
 
 35. Tract No. 100, in district No. one, in Cherokee Co., N. C, bounded 
 and more particularly described as follows, viz: Beginning at a b. oak 
 NW. cor. of No. 99 (no witness trees available); thence N. 114 poles to 
 a b. jack in district line No. 7, from which a pine 12 in. dia. bears N. 67 
 E. 17 links dist., and a pine 12 in. dia. bears N. 32 W. 17 links dist.; 
 thence E. 245 poles to a b. oak with the district line No. 7 (cor. not 
 found, made on a black oak); thence S. 18 W. 120 poles to a maple on 
 the N. bank of Vengeance Creek; thence W. with line of No. 99, 206 
 poles to the beginning, containing one hundred and sixty acres. 
 
 36. Tract number fifteen, in district number six, in Cherokee Co., N. 
 C, bounded and more particularly described as follows, viz : Beginning 
 
49 
 
 at a chestnut N.W. cor. of No. 1), from which a hickory 12 in. dia. bears 
 S. 31 E. 37 links (list., and a chestnut 14 in. dia. bears N. 45 W. 3 links 
 (list.; theuce W. 75 poles to cor. on a chestnut oak, cor. 2; thence S. 
 126 poles to a stake N. W. cor. of No. S; thence E. with the line of No. 
 8, 75 poles to a Spanish oak, formerly a stake; thence W. with the line 
 of No. 9, 12C poles to the beginning, containing fifty-nine acres. 
 
 37. Tract number sixteen, in district number six, in Cherokee Co., 
 N. C, bounded and more particularly described as follows, viz: Be- 
 ginning at a locust on top of a mountain between Valley Eiver and 
 Hanging Dog Greek iu the line of No. 15, from which a hickory 12 in. 
 dia. bears N. 15 W. 11 links dist., and a b. oak, 10 in. dia. bears N. 32 
 E. 3S links dist. ; thence W. 15 poles to a chestnut oak, corner 2 ; thence 
 N. 100 poles to a stake corner on a chestnut, cor. 3; thence E. 75 poles 
 to a sourwood N. W. cor. of No. 14 ; thence S. with the line of No. 14, 
 160 poles to cor. from which a hickory 12 in. dia. bears S. 31 E. 37 links 
 dist., and a chestnut 14 in. dia. bears N. 45 W. 3 links dist.; thence W. 
 with the line of No. 15, GO poles to the beginning, containing 75 acres. 
 
 38. Tract number thirty-two, in district number six, in Cherokee Co., 
 N. C, bounded and more particularly described as follows, viz: Begin- 
 ning at a hickory 20 poles N. of S. W. cor. of No. 34, from which a b. 
 jack 8 in. dia. bears S. 27 E. 23 links dist., and a locust 9 in. dia. bears 
 N. 57 E. 20 links distant ; thence N. 200 poles to a large white pine near 
 Calvert's Creek; thence W. 198 poles to corner formerly a stake, cor- 
 ner on a hickory; thence S. 200 poles, cor. on top of a ridge N. W. cor. 
 of No. 31 ; thence E. 198 poles to the beginning, with the line of No. 31, 
 containing two hundred and forty-seven acres. 
 
 39. Tract number thirty-four, iu district number 6, in Cherokee Co., 
 N. C, bounded and more particularly described as follows, viz: Begin- 
 ning at a red oak N. E. cor. of No. 33, from which a b. oak 6 in. bears 
 S. 67 E. 44 links dist., and a red oak 6 in. dia. bears S. 15 E. 13 links 
 dist.; thence N. 200 poles to a black jack, corner cut down, corner on a 
 small black oak on a ridge; thence 174 poles to a b. oak on side of a 
 hill near Calvard's Creek, S. W. cor. 35; thence S. 200 poles corner on 
 a hickory, corner of No. 33; theuce E. 174 poles to the beginning, con- 
 taining two hundred and seventeen acres. 
 
 40. Tract number thirty-five, in district number six, in Cherokee Co., 
 N. C, bounded and more particularly described as follows, viz : Begin- 
 ning on a b. oak N. W. cor. of No. 31, on the side of a hill near a creek 
 from which a Spanish oak 8 iu. dia. bears S. 32 E. 27 links distant, and 
 a chestnut 36 in. dia. bears S. 13 W. 32 links dist., and a hickory 12 in. 
 dia. bears S. 85 W. 40 links dist; theuce N. 189 poles to a b. oak (fallen) 
 corner on a poplar; theuce E. 174 poles to a poplar iu an old crossing; 
 
 2367S 13 
 
50 
 
 thence S. 189 poles to a blackjack N. E. cor. No. 34, cut down, cor. on 
 a small b. oak on a ridge; thence W. with the line of No. 34, 174 poles 
 to the beginning:, containing two hundred and five acres. 
 
 41. Tract number forty-eight, in district number six, in Cherokee Co., 
 N. C, bounded and more particularly described as follows, viz; Begin- 
 ning on a Spanish oak S. W. of No. 62 (not found), cor. on a b. oak, N. 
 W. cor of No. 57, from which a chestnut oak 24 in. dia. bears N. 1 W. 
 42 links dist., and a hickory 9 in. dia. bears S. 15 E. 35 links dist. ; thence 
 N. with the line of No. 62, 112 poles to a hickory on a high hill; thence 
 W. 124 poles corner a black jack, found to be a black gum, on the E. 
 bank of Fodder's Creek in the line of 59; thence S. with the line of 
 59, 112 poles, corner a locust (formerly a stake), N. W. cor. of tract 
 53; thence E. 124 poles to the beginning with the line of No. 53, con- 
 taining eighty-six acres. 
 
 42. Tract fifty-three, in district number six, in Cherokee Co., N. C, 
 bounded and more particularly described as follows, viz: Beginning on 
 a post oak N. E. corner of No. 53, from which a b. o ik 10 in. dia. bears 
 S. 15 E. 35 links dist. and a hickory 12 in. dia. bears S. 27 W. 32 links 
 distant; thence N. 160 poles to a black oak, cor. No. 2, formerly a Spanish 
 oak; thence W. with the line of No. 48, 124 poles to a locust cor. No. 3, 
 and S. W. cor. of No. 48; thence S. 160 poles to a hickory (fallen) N. W. 
 corner of No. 52, cor. on a small white oak; thence E. with the line of 
 No. 52, 124 poles to the beginning, containing one hundred and twenty- 
 four acres. 
 
 43. Tract number fifty-seven, in district number six, in Cherokee Co., 
 N. C, bounded and more particularly described as follows, viz : Begin- 
 ning on a maple on the W. bank of Fodder's Creek, from which a white 
 oak six in. dia. bears N. 56 W. 12 links dist. and a white oak 6 in. dia. 
 bears N. 22, E. 9 links dist. ; thence N. 55 poles to a hickory on W. bank 
 of said creek ; thence W. with the line of No. 62, 176 poles to a b. oak, 
 cor. 3, and S. E. cor. of 48; thence S. with the line ot No. 53, 55 poles 
 to a post oak found to be black oak; thence E. 176 poles to the begin- 
 ning, containing sixty acres. 
 
 14. Tract number fifty-nine, in district number six, in Cherokee Co., 
 N. C, bounded and more particularly described as follows, viz: Begin- 
 ning at a maple at 16 poles N. from N. W. cor. of No. 48, from which a 
 white oak 36 iu. dia. bears S. W. 14 links distant, and a hickory 10 in. 
 dia. bears N. 30 E. 23 links dist. ; thence W. 100 poles corner a chest- 
 nut oak, formerly a stake. Thence S. 97 poles cor. on a large poplar in 
 a cove, formerly a stake; thence E. 100 poles to cor. a black jack (not 
 found) set a post in the line of 48; thence N. with said line 97 poles to 
 the beginning, containing sixty acres. 
 
51 
 
 45. Tract number sixty-four, in district number six, in Cherokee Co., 
 X. C, bounded and more particularly described as follows, viz : Begin- 
 ning at a b. oak N. E. cor. of No. G3, from which a chestnut oak, 9 in. 
 dia. bears S. 40 W. 3 links dist., and a chestnut oak, 20 in. dia. bears 
 N. Co W. 30 links dist.; thence N. 114 poles to cor. a b. oak on top of a 
 ridge; thence W. 121 poles to corner on a beech, formerly a stake, cor. 
 3 ; thence S. 114 poles to corner; thence E. with the line of No. 03, 121 
 poles to the beginning, containing eighty-six acres. 
 
 40. Tract number sixty-five, in district number six, in Cherokee Co., 
 N. C, bounded and more particularly described as follows, viz : Begin- 
 ning on a white oak corner of No. 75, from which a locust 8 in. dia. bears 
 N. 38 W. 50 links dist. and a Spanish oak 15 in. dia. bears S. 5 W. 23 links 
 dist.; thence N. 76 jioles in line of No. 04 near the top of hill; thence 
 W. 170 poles to cor. near top of mountain cor. on a chestnut, formerly 
 a stake; thence S. 76 poles to cor., corner on a chestnut N. W. cor. of 
 No. 75 ; thence E. with the line of No. 75, 170 poles to the beginning, 
 containing eighty acres. 
 
 47. Tract number ninety three, in district number six, in Cherokee 
 Co., N. C, bounded and more particularly described as follows, viz : 
 Beginning at a pine N. E. cor. of No. 92, from which a hickory 6 in. dia. 
 bears N. 35 W. 14 links dist., and a post oak in. dia. bears N. 73 W. 
 17 links dist., and a pine 20 in. dia. bears S. 45 W. 27 links dist.; thence 
 N. 180 poles to cor. on a locust on top of a ridge ; thence W. 105 poles 
 to cor., fallen, cor. on a black gum ; thence S. 180 poles to corner on a 
 hickory on a small branch ; thence E. 105 poles to the beginning, con- 
 taining one hundred and eight acres. "The beginning of this tract is 
 in the line of No. 95, being N. from S. W. cor. 104 poles." 
 
 4S. Tract number ninety-five, in district number six, in Cherokee 
 Co., N. C, bounded and more particularly described as follows, viz . 
 Beginning on a black gum in a small branch, from which a white oak 
 in. dia. bears N. 7S E. 20 links dist., and a dogwood iu. dia. bears S. 
 65 E. 25 links dist., and a white oak iu. dia. bears S. 81 W. 34 links 
 dist.; thence N. 39 W. 250 poles to cor. No. 2, a b. oak on top of ridge ; 
 thence W. 124 poles to corner, a stake, corner on a hickory in line of 
 No. 93; thence S. with the line of No. 93 98 poles to the beginning cor. 
 of No. 93, reaching cor. at 2^0 poles, a black jack (cut down) cor. on a 
 black jack, corner 3; thence N. 81 E. 158 poles to cor. on top of hill, 
 corner on a hickory, corner 4 (formerly a b. jack); thence N. 6S E. 138 
 poles to the beginning, containing three hundred and thirty-one acres. 
 
 49. Tract number one hundred and live, in district number six, in 
 Cherokee Co., N. C, bounded and more particularly described as fol- 
 lows, viz: Beginning at a hickory in a cove (fallen) iu a line of No. 115, 
 
52 
 
 cor. on a white oak, from which a white oak 20 ii>. dia. bears N. S5 E. 
 18 links disk, and a b. oak 9 in, dia. bears N. 10 E. 46 links dist. ; thence 
 1ST. C9 E. 90 poles to cor. on a maple; thence S. 21 E. 130 poles cor. on a 
 pine N. E. cor. of No. 10; thence S. G9 W. with the line of No. 101, 90 
 poles to N. W. cor. of 101 on top of a hill, a pine (fallen) cor. on a black 
 gum; thence N. 21 W. with the lines of Nos. 103 and 115, 130 poles to 
 the beginning', containing seventy-three acres. 
 
 DO. Tract number one hundred and fifteen, in district number six, in 
 Cherokee Co., N. C, bounded and more particularly described as fol- 
 lows, viz: Beginning on a chestnut oak in the head of a hollow, from 
 which a chestnut 24 in. dia. bears S, GO E. 50 links dist., and a chestnut 
 36 in. dia, bears N. 80 W. 50 links dist.; thence N. 21 VV. 100 poles to a 
 pine; thence N. G9 E. 100 poles to corner, a stake, cor. made on a white 
 oak; thence S. 21 E. 100 poles to corner on a chestnut oak, corner of No. 
 102; thence S. G9 W. 100 poles with the line of No. 102 to the beginning, 
 containing sixty-two acres. 
 
 51. Tract number one hundred and sixteen, in district number six, 
 in Cherokee Co., N. C, bounded and more particularly described as 
 follows, viz: Beginning on a pine, N. W. cor. of No. 115, from which a 
 white oak 8 in. dia. bears N. 8 W. 40 liuks distant, and a b. oak 1G ins. 
 dia. bears S. 10 E. 50 links distant; thence S. 69 W. 90 poles to a b. jack 
 on top of a ridge (formerly) a stake ; thence S. 21 E. 100 poles to a stake ; 
 thence N. 69 E. 90 poles to corner, the beginning of No. 115; thence N. 
 21 W. with the line of No. 115, 100 poles to the beginning, containing 
 fifty-six acres. 
 
 52. The strip of land adjoining the Qualla boundary or reserve on 
 the south, in Jackson Co., N. C, known as the "Thomas 500-acre sur- 
 vey," beginning at a post set by M. S. Temple, U. S. deputy surveyor, 
 at the ford of Soco Creek, and running thence easterly along the water 
 divide of the ridge S. of Soco Creek until it intersects the Indian bound- 
 ary at the top of said range opposite Echota mission, and including all 
 the laud between the said water divide and the Indian boundary, 
 bounded and more particularly described as follows, viz: & beginning 
 at a locust post at the ford of Soco Creek, on the N. W. bank of said 
 creek, where the road leading from Birdtowu to Quallatown crosses 
 said creek, said post being N. 3 W. 2 poles from the edge of the water; 
 thence S. 3 E. 21 poles to a stake 12 links N. of a large red oak marked 
 I. B.; thence S. 19 E. 13 poles; thence S. 45 E. 17 poles; thence S. 61 
 E. 16 poles; thence N. 76 E. 29 poles to 66-mile station in a mound in 
 line of Indian boundary, continue N. 76 E. 34 poles; thence S. 39 E. 18 
 perches ; thence S. 36 W. 22 poles to a small b. oak, I. B. ; thence S. 
 16 W. 18 poles, two sourwoods I. B. on the side of a ridge; thence S. 
 
53 
 
 39 E. 5G poles ; thence S. 51 E. 11 poles, set a post for 66|-mile statiou 
 in mound with pits, continue S. 51 E. 24 poles; thence S. 89 E. 25 poles ; 
 thence S. 89 E. 7 poles to a post I. B.; thence N. 8G E. 32 poles leave 
 field ; thence 2J. 86 E. 28 poles; thence 1ST. 57 E. 43 poles, set a post for 
 07-mile station in mound with pits, continue N. 57 E. 16 poles; thence 
 S. 04 E. 40 poles; thence S. 79 E. 9 poles to a white oak 22 in dia., 
 marked I. B. ; bear cor. 11 poles to a stake and rock on side of a mount- 
 ain ; thence S. 19 E. 16 poles ; thence S. 84 E. 57 poles to a white oak 
 16 in. dia., I. B. bear cor., 10 poles to a post 07J-niiles mile station, con. 
 tinue S. 84 E. 52 poles; thence N. 71 E. 17 poles, b. oak 27 in. dia., I. 
 B.; thence ^T. 71 E. 23 poles; thence N. 45 E. 54 poles to a rock, for- 
 merly a white oak; thence S. 77 E. 14 poles 63 mile station post, con- 
 tinue S. 77 E. 24 poles; thence N. 76 E. 20 poles to a road leading from 
 AYaynesville to Quallatown, bear cor. 16 poles to a rock; thence S. 49 
 E. 14 poles; thence S". 70 E. 75 poles, a chestnut 16 in. dia., I. B. bear 
 cor. 11 poles 68J-mile station post; continue N. 76 E. 94 poles; thence 
 S. 74 E. 06 poles 69 mile station post; continue S. 74 E. 20 poles to a b. 
 oak 30 in. dia., I. B. bear cor., 23 poles to a brook 5 links wide, bear cor. 
 55 poles to a small red oak on side of a mountain, former call 3 pines ; 
 thence S. 44 E. 50 poles, post of 69i-mile station, continue S. 44 E. 137 
 poles to a small chestnut on side of mountain; thence S. 87 W. 25 poles 
 post, 70-mile station ; continue thence S. 87 W. 100 poles post 70J-mile 
 station ; thence S. 87 W. 1G9 poles post of 71-mile station, continue S. 87 
 W. 45 poles to a small white oak N. 77 W. 115 poles, post of 71 J mile sta- 
 tion, continue N. 12 W. 41 poles; thence W. 22 poles to a road runniug 
 from Waynesville to Quallatown; thence W. 97 poles, post of 72 mile 
 station, continue S. 00 W. 28 poles to a post oak 20 in. dia. I. B. ; thence 
 S. 35 W 37 poles to a white oak 20 in. dia. I. B. bear cor. 9 poles to a 
 sourwood in the Meggs and Freeman line. Closing, beginning on a 
 double white oak on top of a divide in old boundary-line, from which a 
 post oak 7 in. dia. bears S 42 W. 14 links dist. and a b. oak 6 in. dia. bears 
 X. 40 E. 11 links dist. Here leave the boundary-line S. 34 E. 40 poles to a 
 post oak on the divide ; thence S. 44 E. 164 poles to a white oak on top of a 
 high kuob; thence BT. 77 E. 50 poles to a Spanish oak on divide; thence 
 N. 56 E. 23 poles to a Spanish oak on top of divide; thence N. 83 E. 24 
 poles, set a post on top of a knob from which a Spanish oak 6 in. dia., 
 bears S. 73 W. 42 links dist., and a Spanish oak 14 in. dia., bears N. 50 
 E. 34 links dist. ; thence N". 28 E. 10 poles to a small b. oak on top of 
 divide; thence ST. S3 E. 41 poles to a b. oak on top of divide near where 
 the boundary -lines crosses the divide; thence S. 50 E. leaving divide 
 143 poles to a small white oak near L. L. Sherrill's house; thence S. 22 
 E. 20 poles to a small sourwood, cor, of old boundary and Meggs and 
 23078 14 
 
Freeman's line. This tract contains four hundred and one and one- 
 quarter acres after deducting the number of acres of land within this 
 tract awarded by Bar ringer, Dillard, and Baffin, arbitrators (in the 
 suit of the Eastern Baud of Cherokees vs. W. H. Thomas et al, in the 
 IT. S. circuit court for the western dist. of North Carolina, at November 
 term, 1874), to the heirs of Charlie Hornbuckle, Chu lo-gulah (or Cloud), 
 Sa lo-ln-netah (or Young Squirrel), Wilson Reed, and Jeune Reed, ac- 
 cording to the survey of said individual tracts in 1875, by M. S. Temple, 
 U. S. deputy surveyor, and embraced in his report to tbe Commissioner 
 of the U. S. General Laud Office dated January 13, 187G. 
 
 53. Tbe land awarded to "Too-nah-lu-yah" (this is Too-nab-lu-keh or 
 "Stump"), situate on San teet la Creek and known as the "Stump 
 tract," in Graham Co., N. C, bounded and more particularly described 
 as follows, viz: Beginning at a hickory in the line of No. 20 running N- 
 100 poles to a hickory; thence west 160 poles to a stake; thence south 
 100 poles to a stake in the line of No. 8, then with that line east 100 
 poles to beginning, containing one hundred acres. 
 
 54. The land embraced in State grant No. 1747, in district number 
 nine, in Graham Co., N. C, on the waters of Snowbird Creek, bounded 
 and more particularly described as follows, viz: Beginning on a large 
 chestnut in the line of No. 302 and runs N. 53 W. 180 poles to a stake; 
 thence S. 80 poles to a stake; thence S. 53 E. 180 poles to a stake; 
 thence N. 90 poles to the beginuiug, containing oue hundred acres. 
 
 55. The lot or tract of land joining the lands of Mercer Fain on the 
 N. side of Valley Biver, being tract No. 1G, in district number six, in 
 Cherokee Co., N. C, bounded and more particularly described as fol- 
 lows, viz: Beginning at a locust on top of mountain between Valley 
 Biver and Hanging Dog in the line of No. 15, from which a hickory 12 
 in. dia., bears N. 15 W. 11 links dist., and a b. oak 1G in. dia. bears N. 
 32 E. 3S links dist. ; thence W. 15 poles to a chestnut oak, cor. 2, thence 
 N. 1G0 poles to a stake, cor. on a chestnut, cor. 3; thence E. 75 poles to 
 a sourwood N. W. cor. of No. 14; thence S. with the line of No. 14 1G0 
 poles to cor.; thence W. with the line of No. 15 sixty poles to beginning, 
 containing seventy-five acres. 
 
 5G. One tract of six hundred and forty acres lying on the south side 
 of the Tennessee Biver at the Culertson Ford in Swain Co., N. C, 
 bounded and more particularly described as follows, viz: Beginning on 
 black oak on bank of river 4 poles below the Ft. Lindsay Ford, run- 
 ning thence with the old treaty line S. 05 E. 92 poles to a turn ; thence 
 S. 35 E. 06 poles to a turn on the ridge; thence S. 25 W. 21 poles to a 
 turn ; thence S. 75 E. 7G poles to a turn in the ridge; thence S. 40 E. 24 
 poles to a turn in the ridge; thence N. 50 E. 3G poles to a turn; thence 
 
55 
 
 S. 70 E. 48 poles to a turn; thence S. 25 E. 34 poles to a Spanish oak 
 on the said treaty line; thence ST. 50 E. 100 poles to a turn; thence S. 
 45 E. 3G0 poles to a stake on said line ; thence N. 370 poles to a stake 
 bank of Tennessee Iliver; thence down said river with its meanders 
 590 poles to the beginning, containing six hundred and forty acres, be 
 the same more or less, according to a survey made in 1838. 
 
 57. One fifty-acre tract lying on the east side of Newton's Mill Creek 
 joining lands of Uriah Cooper and the Qualla boundary, in Swain Co., 
 N. C, bounded and more particularly described as follows, viz: Begin- 
 ning on the E. bank of said creek at a white oak sapling on line of No. 
 S9; thence E. with said line of No. 89 85 poles to a hickory; thence N. 
 30 E. 52 poles to a white oak on the side of a ridge cor. of No. 91; thence 
 N. with line of No. 91 58 poles to a hickory; thence E. 80 poles to a 
 maple on the E. bank of said Newton's Mill Creek; thence down with 
 the meanders of the creek to the beginning, containing fifty acres. 
 
 58. One piece or parcel of land in the Cathcart or Brown entry out- 
 side of the Qualla boundary and joining the same, in Swain Co., N. O, 
 bouuded, more particularly described, as follows, viz : Beginning at the 
 post where the northwest line of the Cathcart or Brown survey crosses 
 the Qualla boundary line, said post being N. 00 W. 5 chains and 37 
 links from the 34th-niile station in the Qualla boundary line, from which 
 a white oak 15 in. dia. bears N. 50 E. 20 links (list., and a Spanish oak 
 G in. dia. bears S. 60 W. 29 links dist. ; a white oak 12 in. dia. bears S. 
 3G links dist. ; a chestnut 6 in. dia. bears S. 10 E. 27 links dist; a Span- 
 ish oak 6 in, dia. bears S. 40 E. 25 links dist.; a locust 6 in. dia. bears N. 
 28 links dist. ; thence S. 47 J W., formerly S. 45 W. 502 poles with said 
 Cathcart line to a stake in said line ; thence S. 42i east 575 poles to the 
 Qualla boundary line between the 37 and 3GJ mile stations in said line ; 
 thence in a northerly direction with the said Qualla boundary line to 
 the beginning, containing twelve hundred and thirty (1,230) acres. 
 
 59. One tract embracing the " Amanda Gaitber Cove," joining Scroop 
 Enloe and W. H. Thomas' lands and Qualla boundary in Jackson Co., 
 N. C, bounded and more particularly described as follows, viz : Begin- 
 ning at a post on top of the ridge which forms the western boundary 
 of said cove at the point where Ah-macha-ua's line crosses said ridge 
 running S. 22 E. 24 poles to a chestnut oak corner of I. B., passing 63i 
 mile station at 3 poles; thence S. 40 E. 24 poles to a Spanish oak cor. 
 I. B.; thence S. 16 W. 02 poles to a locust corner of I. B. ; then S. 43 
 W. 60 poles to a b. oak, passing the 63 mile station at 52 poles ; then 
 with the top of main mountain S. 40 E. 49 poles to a hickory on top of 
 mountain; then down the ridge which forms the eastern boundary of 
 said cove N. 63 E. 20 poles to a stake N. 88 E. 14 poles to a large c. oak 
 
56 
 
 X 52 E. 3G poles to S. oak; then K 50 E. 50 poles to a b. gum, N. 
 27 E. 20 poles to a stake; then S. 78 E. 12 poles to a S. oak, N. 72 E. 10 
 poles to a c. oak in Enloe's line; tben with his line N. 34 W. 04 poles to 
 a locust; then N. 45 E. 42 poles to a S. oak in I. B., crossing Soco at 
 poles; then with I. B. N. GO W. S2 poles to a post I. B.; then W. 
 poles to a stake crossing Soco ; then down said creek as it meanders N. 
 55 W. 4S poles to (he mouth of said creek ; then down Ocona Lofty River 
 58 poles to a watered oak corner of I. B.; then S.28E. GO poles to a white 
 walnut; then S. 28 W. 21 poles to a white oak ; then S. 40 E. 10 poles to 
 a S. oak ; then S. 14 E. G poles to the beginning, containing one hundred 
 and twenty-eight acres. 
 
 GO. One tract known as the " Thomas Mill Tract," lying across Soco 
 Creek, joining Qualla boundary, in Jackson Co., N. C, bounded and 
 more particularly described as follows, viz : Beginning at a black oak 
 on the ridge between Soco Creek and Ocona-Lufty Eiver at a point 
 where Scroop Enloe's Hue intersects the Indian boundary, and running 
 with the boundary line 80 poles to a Spanish oak on the top of ridge, 
 passing the G5 mile station at 20 poles; then with the top of said ridge 
 X. 12 E. 33 poles to a stake; then N. 45 E. 18 poles to a stake corner of 
 I. B. ; then S. 70 E. 3G poles to a sycamore on the west bank of Soco 
 Creek; then up the creek N. 25 E. 1G to the G5.J mile station; then E. 
 34 po'es to a post at the ford of Soco; then S., crossing the creek, 70 
 poles to a S. oak on top of a knob corner of I. B. S. 22 E. 10 poles to a 
 stake; then S. GO E. 40 poles to corner of I. B. ; then S. G5 W. 21 poles 
 to the beginning, containing forty-three acres. 
 
 Gl. Entry five hundred and sixty, known as the "3,200-acre tract," 
 lying on the S. side of the Tuckaseege Eiver, in Swaiue Co., N.C., joining 
 lauds of Abel Hyatt, Willgeeske's heirs, John Cooper, James Gibbs, 
 and others, bounded and more particularly described as follows, viz: 
 Beginning on a black walnut on the bank of a branch on the S. of Tuck- 
 aseege Eiver opposite Mark Coleman's ; runs thence N. 30 W. 72 poles to 
 a white walnut on the bank of the river at the mouth of the falls branch, 
 passingthe falls at 20 poles ; thence np with the meanders of Tuckaseege 
 Eiver on the S. side 980 poles to a water birch on the bank; thence N. 
 SO E., crossing the river 12 poles to a black gum on the N. bank, 18 
 poles below the falls at the upper end of J. M. Bird's farm; thence up 
 with the meanders of the 1ST. side 320 poles to a Spanish oak on the 
 bank opposite a large island in the river; thence S. 20 E. crossing the 
 river 20 poles to a large maple on the S. side of said river, the lower 
 cor. of No. 19, Gibb's corner; thence with Gibb's line 274 poles to a 
 large pine iu the line of No. 90; thence with that tract N. 55 W. 20 
 poles to a Spanish oak in a hollow; thence S. 15 W. 14G poles to a lo- 
 
57 
 
 oust, passing three small branches; tlicuce with the line of No. 91 S. 
 90 poles to a dogwood on the side of a hill ; thence E. 22 poles to a birch 
 at the S. W. corner of No. 91 ; thence S. 31 E. 170 poles to a white oak, 
 the N. E. cor. of No. 1525; thence with said tract S. 70 W. 30 poles to 
 a Spanish oak; thence S. GO W. 156 poles to a stake cor. of 1525; thence 
 S. 13 E. 234 poles to a Spanish oak cor. of two tracks, Nos. 95 and 97; 
 thence N. 55 W. 200 poles to a scrubby chestnut oak near the top of a 
 ridge; thence S. 75 W. 9S poles to a Spanish oak on a ridge; thence S. 
 30 W. GO poles to a hickory; thence S. 4S E. 35 poles to a large chest- 
 nut near a branch, the beginning of No. 97; thence S. G5 W. 40 poles to 
 a maple ; thence S. 10 W. 80 poles to a Spanish oak in a cove; thence 
 S. 75 E. 72 poles to a small black oak on a ridge; thence S. 40 W. 9G 
 poles to a scrubby Spanish oak on top of a mountain; thence S. 85 W. 
 130 poles to a small black oak on the top of a ridge; thence S. 30 W. 
 10G poles to a black oak on top of a ridge on a cliff known as the Rat- 
 tlesnake Den; thence S. 15 TV. 40 poles to a chestnut on a ridge in the 
 old county line between Jackson and Macon ; thence with the said old 
 county line S20 poles to a small black oak on the top of the mountain 
 S. 25 W. from Britton Medlin's, passing the Sherrill Gap at G50 poles; 
 thence leaving the old county line, running around lands of Brit. Med- 
 lin, Shuler, and Brendle, leaving them on the outside, N. 74 poles to a 
 Spanish oak on the top of a ridge; thence N. 24 E. 58 poles to 3 large 
 piues on the top of a ridge; thence N. 5 E. 155 poles to a large white 
 oak near the top of a ridge; thence N. 75 E. 3G poles to a Spanish oak 
 on a ridge; thence E. 72 poles to a large black oak in Johnson Kirk- 
 land's line; thence S. 70 E. with Kirklaud's line 32 poles to a poplar, 
 Kirkland's corner; thence N. 25 E. 50 poles to a stake; thence S. 55 E. 
 34 poles to a scrubby hickory on mountain side in Win. Kirkland's line; 
 thence with that line W. 22 poles to a pine to Kirkland's corner; thence 
 S. G4 poles to a pine; thence E. 12G poles to a bunch of small lynus on 
 the creek bank; thence N. G4 poles to a small hickory and Spanish oak; 
 thence W. 32 poles to a locust, beginning cor. of James Kirkland; 
 thence N. 45 E. with James Kirkland's line 35 poles to a Spanish oak 
 on the creek bank; thence S. 40 E. 144 poles to a large chestnut oak; 
 thence N. 45 E. 128 poles to a black oak; thence N. 40 W. 68 poles to a 
 Spanish oal? ; thence N. 85 E. 120 poles to a pine; thence N. 24 W. 105 
 poles to a black oak, corner of 1173, on the bank of a creek, in the line 
 of No. 1172; thence with tractNo. 1173 S. 75 E. 173 poles to a stake; thence 
 N. 84 E. 63 poles to a stake; thence N. 58 W. 74 poles to two chestnut 
 oaks; thence N. 5S TV. 62 poles to a hickory; thence TV. 30 poles to a 
 chestnut oak; thence N. 90 poles to a black oak in a hollow; thence TV. 
 G8 poles to a small black oak iu a hollow, cor of tract No. 4825; thence 
 23678 15 
 
58 
 
 with the line of that tract N. 52 poles to a small hickory; thence N. 45 
 W. 14 poles to a white oak below Baggs' Cove; thence N. 26 E. 66 poles 
 to a large ash on the S. bank of Tnckaseege River ; thence up with tbe 
 meanders of the river 64 poles to a bellwood; thence S. 31 E. 73 poles 
 to the beginning, containing two thousand seven hundred and eighty 
 acres. In this conveyance it is intended to convey only tbe lands em- 
 braced in said entry No. 560 agreeably to tbe State grant and survey 
 thereof, which excluded deeded lands defined by metes and bounds 
 within the boundary of said entry which belong mostly to the persons 
 named above as owning joining lauds, comprising eleven tracts, em- 
 bracing 1,009J acres; then also excluding (320) three hundred and 
 twenty acres from said entry No. 560, a survey of which has been or- 
 dered by the superior court of Swaine Co., N. C, to use and benefit of 
 Sarah A. Burchfield, which said court confines to 320 acres joining Abel 
 Hyatt's lands within the boundary of the grant from the State; also 
 excluding one hundred acres on both sides ofSkeekee's Branch, awarded 
 by Barriuger, Dillard, and Baffin, arbitrators, October 23, 1874, to tbe 
 heirs of an Indian named Littlejobn, leaving of said entry No. 560 two 
 thousand seven hundred and eighty acres, and embraced in this inden- 
 ture as aforesaid. 
 
 62. .Tract number six, in district number twelve, in Swaine County, N. 
 C.j bounded and more particularly described as follows, viz: Beginning 
 on a post oak tbe S. W. cor. of No. 4 and runs S. 8 VV. 110 poles to a black 
 oak in the gap of a ridge; thence S. 42 E. 54 poles to a pine on the bank 
 of Tennessee Kiver; thence down the meanders of the river to persim- 
 mon on tbe bank of tbe river the upper corner of No. 3; thence N. 8 E. 
 with that line 119 poles to a white oak; thence N. S2 W. 92. poles to 
 the beginning, containing seventy-three acres. 
 
 63. Tract number nine, in district number twelve, in Swaine Co., N. 
 C, bounded and more particularly described as follows, A r iz: Beginning 
 on a post oak the N. W. cor. of No. 8 and runs S. 82 E. 166 poles to a 
 stake on the bank of the Tennessee River; thence up the river to a 
 stake, the lower corner of No. 4; thence S. 8 W. 73 poles to a Spanish 
 oak; thence N. 82 W. 220 poles to a black oak ; thence N. 8. E. 115 
 poles to the beginning, containing one hundred and thirty acres. 
 
 01. Tract number ten, in district number twelve, in Swaine Co., N. 
 C, bounded and more particularly described as follows, viz: Beginning 
 on a white oak the N. W. cor. of No. 7 and runs N. S2 W. SO poles to a 
 Spanish oak; thence N. S E. 102 poles to a pine; thence S. 82 E. 80 
 poles to a stake and pointers, N. W. cor. of No. 9; thence S. 8 W. 102 
 poles to the beginning, containing fifty-one acres. 
 
 65. Tract number eleven, in district twelve, in Swaine Co., N. C, 
 
59 
 
 bounded and more particularly described as follows, viz : Beginning on 
 a post oak and runs N. S2 W. SO poles to a turkey oak ; thence S. 8 W. 
 132 poles to a stake; thence S. S2 E. SO poles to a Spanish oak, the S. 
 W. cor. of No. 10; thence X. 8 E. 132 poles to the beginning, containing 
 sixty-six acres. 
 
 0G. Tract number thirteen, in district number twelve, in Swaine Co., 
 N. C, bounded and more particularly described as follows, viz : Begin- 
 ning on a beach on the S. E. bank of Tennessee River near the lower 
 point of an island and runs S. S W. 42 poles to a black oak ; thence S. 
 84 E. 42 poles to a black oak; thence S. 8 W. 33 poles to a black oak ; 
 thence S. 79 E. 08 poles to a chestnut on TV. bank of Nantahala River 
 IS poles above its mouth; thence down the river passing its junction 
 to the beginning, containing fifty-eight acres. 
 
 07. Tract number forry-cne, in district number twelve, in Swaine 
 Co., N. C, bounded and more particularly described as follows, viz: 
 Beginning on a maple on N. W. bank of Nantahala River at the 
 lower point of an island and runs S. 40 W. 124 poles to a chestnut 
 S. E. cor. of No. 40; thence S. 01 E. 120 poles to a stake; thence 
 N. 19 E. 70 poles to a Spanish oak on the bank of river; thence down 
 the main northern sluice of the river to the beginning, containing sixty- 
 five acres. 
 
 OS. Tract number forty-four, in district nuuiber twelve, in Swain Co., 
 N. C, bounded and more particularly described as follows, viz : Begin- 
 ning on a chestnut S. E. cor. of No. 40, and runs S. 29 W. 100 poles to 
 a Spanish oak ; thence N. 01 W. 00 poles to a black gum ; thence 1ST. 29 
 E. 1G0 poles to a locust on the line of No. 40; thence S. 01 E. 00 poles 
 to the beginning, containing sixty-six acres. The said several tracts 
 hereinbefore mentioned containing in the aggregate fifteen thousand 
 two hundred and eleven and one-fourth acres more or less. 
 
 Together with all the improvements, ways, easements, rights, priv- 
 ileges, appurtenances, and hereditaments to same belonging or in any- 
 wise appertaining, and all the remainders, reversions, rents, issues, and 
 profits thereof; all the estate, right, title, interest, claim, and demand 
 whatsoever, either at law or in equity, of the said parties of the first 
 part, of, in, to, or out of the said pieces or parcels of land and premises; 
 to have and to hold the said pieces or parcels of laud and premises, 
 with the appurtenances, unto the said party of the second part, the 
 Commissioner of Indian Affairs and his successors in office, as trustee 
 for the use and benefit of the Eastern Band of Cherokee Indians of the 
 State of North Carolina forever ; and the said William Johnston and 
 his wife, Luciuda M. Johnston, for themselves, their heirs, executors, 
 and administrators, do hereby covenant, promise, and agree to and with 
 
60 
 
 tho said party of the second part that they and their heirs shall and 
 will warrant and forever defend the said pieces or parcels of laud and 
 premises and appurtenances free and discharged from the lawful claims 
 of all parties claiming' the same by, through, or under them, or either 
 of them, and no further; and the said William L. Ililliard, as guardian 
 aforesaid, docs hereby convey all the right, title, and interest of the 
 said William II. Thomas in and to said lands, and does hereby covenant, 
 promise, and agree that he will warrant and forever defend the said 
 pieces or parcels of land free and discharged from all claims of all per- 
 sons claiming same by, through, or under him or said Thomas and his 
 heirs, so far as he is authorized and required by virtue of his office as 
 guardian under said order of the probate court of Jackson Co., N. 0., 
 and no further, and the said James W. Terrell and Thomas D. Johnston, 
 for themselves as commissioners under the aforesaid award and order of 
 court, and also as agents and attorneys as aforesaid, hereby covenant, 
 promise, and agree that they will warrant and forever defend the said 
 pieces or parcels of laud free and discharged from the claims of all per- 
 sons claiming same by, through, or under them, so far as they are au- 
 thorized and required to do by virtue of their offices as commissioners 
 and agents and attorneys aforesaid, and no further. 
 
 In testimony whereof the said parties of the first part have hereunto 
 set their hands and seals this 14th day of August, A. D. 1S80. 
 
 Wm. Johnston. [seal.] 
 
 Lucinda M. Johnston. [seal.] 
 
 W. L. Hilliaed, Guardian. [l. b.] 
 Jas. W. Terrell, 
 Comm'r and Attorney for W. H. Thomas. 
 
 Thos. D. Johnston, [seal.] 
 
 Comm'r & Atthj for W. H. Thomas. 
 
 Tu probate court. 
 
 North Carolina, 
 
 Buncombe Co.: 
 I, E. W. LTerndon, probate judge for county and State aforesaid, do 
 hereby certify that William Johnston and wife, Lucinda M. Johnston, 
 and William L. Ililliard, guardian of William H. Thomas, as aforesaid, 
 of Buncombe Co., State of North Carolina, personally appeared before 
 me this 14th day of August, 1880, and acknowledged the due execu- 
 tion of the annexed deed of conveyance, and the said Lucinda M. John- 
 ston, being by me privately examined, separate aud apart from her said 
 husband, touching her voluntary execution of the same, doth state that 
 she signed the same freely and voluntarily, without fear or compulsion 
 of her said husband, or any other person, and that she doth still volun- 
 
61 
 
 tarily assent thereto. Also, at the same time and place, personally ap- 
 peared before me James W. Terrell, of Jackson Co., N. 0., and Thomas 
 D. Johnston, of Buncombe Co., N. C, commissioners and attorneys as 
 aforesaid, and acknowledged the due execution of the annexed deed of 
 conveyance. Therefore, let the same, with this certificate, be registered. 
 Given under my hand and official seal. 
 
 [SEAL.] E. W. IIerndon, 
 
 Judge of Probate. 
 In the probate court. 
 
 Swain County: 
 
 It is adjudged that the foregoing certificate of probate by E. W. IIern- 
 don, probate judge of Buncombe County, is correct and genuine. There- 
 fore, let the deed, with the certificate of probate, be registered in Swain 
 County. This Sept. 11th, 1SS0. 
 
 Sam. B. Gibson, 
 
 Probate Judge. 
 
 Register's Office of Swain County, North Carolina. 
 I, T. U. rarrisb, register of deeds for said county, do certify that tho 
 foregoiug deed, with certificates of probates, was duly registered in 
 this office in book " B," No. " 2," beginning on page 312, and ending on 
 page 375, this the 11th day of Sept., A. D. 1SS0. 
 
 T. H. B/arrish, 
 Register of Deeds for said County. 
 
 In the probate court. 
 
 State of North Carolina, 
 
 Jaclcson County : 
 I, A. M. Farker, probate judge and clerk superior court of Jackson 
 County, do adjudge from the certificate and seal of E. W. Uerndon, 
 clerk and probate judge of Buncombe County, North Carolina, to be 
 correct. Therefore, let this deed with the certificates be registered this 
 1st day of October, 1SS0. 
 
 A. M. Parker, 
 
 Probate Judge. 
 
 Office of Register of Deeds, Oet. 1, 1SS0. 
 
 State of North Carolina, 
 
 Jackson County : 
 The within deed and certificates were this day duly registered on 
 pages 371 to 103 inclusive, book G. 
 
 A. J. Long, 
 
 Register of Deeds. 
 23C7S 16 
 
62 
 
 Office Judge of Probate. 
 North Carolina, 
 
 Graham County : 
 It is adjudged that the fort-going certificate of probate by E. W. 
 llerndon, probate judge of Buncombe County, is correct and genuine. 
 Therefore, let the said deed together with certificates of probate be 
 registered in our county of Graham. 
 
 John G. Tatham, 
 Probate Judge, Graham County. 
 
 Office of Register of Deeds. 
 North Carolina, 
 
 Graham County : 
 I, W. F. Manney, reg. of deeds for and in said county of Graham, 
 certify that the foregoing deed of conveyance together with certificates 
 were duly registered in the register's office, in said county of Graham, 
 in book B, commencing ou page 1st and ending on page 32. 
 This October the 29, 1880. 
 
 W. F. Manney, 
 Register of Deeds, Graham County. 
 
 Office of Judge of Probate, November 1, 1880. 
 
 State of North Carolina, 
 
 Cherokee County: 
 I, Jas. C. Axley, judge of probate iu and for said county, do hereby 
 adjudge that the foregoing deed is duly acknowledged. 
 Therefore let the same be registered. 
 
 Given under my hand at office in Murphy, the date above written. 
 
 Jas. C. Axley, 
 Judge of Probate. 
 
 The foregoing deed and certificates came to hand November the 1st, 
 1880, and were registered in book It, beginning on the page number 
 28, and ending on page 02. 
 
 J. W. Henneso, 
 Eegister of Deeds, Cherokee County. 
 
 Exhibit E. 
 
 Whereas under an award made by Rufus Barringer, John H. Dillard, 
 and Thomas Ruffin, arbitrators in the case of the "Eastern Band of 
 Cherokee Indians against William II. Thomas, William Johnston, et al.f 7 
 
63 
 
 in the circuit court of the United States for the western district of North 
 Carolina, James W. Terrell and Thomas D. Johnston were, by a decree 
 of said court, appointed commissioners to sell certain lands referred to us 
 in said award to discharge and pay off the judgments therein awarded to 
 be due William Johnston from William II. Thomas, which said lands 
 had theretofore been sold under executions on said judgments and con- 
 veyed by deeds executed by the sheriff of the counties of Cherokee, 
 Macon, and Jackson, to said William Johnston; and whereas since the 
 date of said decree said judgments have been purchased by and duly 
 assigned to the Commissioner of Indian Affairs of the United States in 
 trust and for the benefit of the Eastern Band of Cherokees, and on the 
 14th day of August, A. D. 1870, an act of Congress was passed and 
 ratified authorizing the Commissioner of Indian Affairs to purchase and 
 receive certain lands therein referred to in full payment and final dis- 
 charge of the aforesaid judgments in trust and for the use and benefit 
 of said Eastern Baud of Cherokees; and whereas in pursuance to the 
 provisions of said act of Congress, Mark C. King, on the part of the 
 Commissioner of Indian Affairs, and William A. Dill, on the part of 
 Wm. H. Thomas, were selected as appraisers to value and appraise the 
 lands hereinafter described which are referred to in the aforementioned 
 award and were duly selected by said Eastern Band of Cherokees 
 through a committee appointed by them at their annual general coun- 
 cil held at Cheoah council grounds, in Graham County, North Carolina, 
 on the first Monday of October, A. D. 187G, said appraisals being ratified 
 and approved by the said "the Commissioner of Indian Affairs:" 
 
 Now, therefore, in consideration of the above recited facts and in 
 satisfaction of the said judgments, amounting at this date to twenty 
 thousand five hundred and sixty-one and 85100 dollars, the following 
 indenture is executed : 
 
 This indenture, made and executed this the 9th day of October, A. 
 D. 1S7G, between William Johnston and wife, Lucinda M. Johnston, of 
 the county of Buncombe, State of North Carolina, and James W. Ter- 
 rell, of Jackson County, and Thomas D. Johnston, of Buncombe 
 County, State aforesaid, commissioners named in said award and agents 
 and attorneys for William II. Thomas, by virtue of a power of attorney 
 to them, dated the 3rd day of June, 1875, a copy of which is hereto an- 
 nexed, of the first part ; and the Commissioner of Indian Affairs, as 
 trustee for said Eastern Band of Cherokee Indians, of the second part, 
 witnesseth : 
 
 That the said parties of the first part, in consideration of the prem- 
 ises and in the further consideration of the payment of the amount and 
 final discharge of said judgments, the receipt whereof is hereby con- 
 fessed and acknowledged, have bargained, sold, remised, released, and 
 
64 
 
 quit-claimed, and by these presents do bargain, sell, remise, release, 
 and quit claim to the part}' of the second part as trustee for the Eastern 
 Band of Cherokee Indians of the State of North Carolina, all their 
 right, title, interest, claim, or demand whatsoever, in and to the follow- 
 ing described lands, to wit: 
 
 In Graham County, North Carolina, district number nine, grant num- 
 ber ninety-six containing 228 acres, more or less. 
 
 2. Grant number eighty-six, containing 138 acres, more or less. 
 
 3. Grant number ninety, containing 141 acres, more or less. 
 
 4. Grant number one hundred, containing 138 acres, more or less. 
 
 5. Grant number eighty -seven, containing ISO acres. 
 C. Grant number eighty-nine, containing 50 acres. 
 
 7. Grant number seventy-nine, containing 00 acres. 
 
 8. Grant number seventy six, containing 140 acres. 
 
 9. Grant number ninety-four, containing 204 acres. 
 
 10. Grant number seventeen, containing 118 acres. 
 
 11. Grant number ninety-five, containing 222 acres. 
 
 12. Grant number seventy-seven, containing 10G acres. 
 
 13. Grant number seventy-five, containing 137 acres. 
 
 14. Grant number ninety-one, containing 229 acres. 
 
 15. Grant number eighty eight, containing 100 acres. 
 
 10. Grant number one hundred and two, containing 209 acres. 
 
 17. Grant number ninety-two, containing 120 acres. 
 
 18. Grant number eighty-one, containing 202 acres. 
 
 19. Grant number forty-seven, containing 08 acres. 
 
 20. Grant number twenty-nine, containing 05 acres. 
 
 21. Grant number one hundred and three, containing 105 acres. 
 
 22. Grant number three hundred and sixty-nine, containing 100 acres. 
 
 23. Grant number twenty, containing 225 acres. 
 
 24. Grant number eighteen, containing 91 acres. 
 
 25. Grant number one hundred & one, containing 151 acres. 
 20. Grant number fifty-five, containing 50 acres. 
 
 27. Grant number thirty-seven, containing 70 acres. 
 
 28. Grant number twenty-five, containing 346 acres. 
 
 29. Grant number nine, containing 2G9 acres. 
 
 30. Grant number twenty-two, containing 400 acres. 
 
 31. Grant number thirteen, containing 303 acres. 
 
 32. Grant number two, containing 227 acres. 
 
 33. Grant number fifteen, containing 275 acres. 
 
 34. Grant number three, containing 254 acres. 
 In district number ten (10) : 
 
 35. Grant number eight, containing 400 acres. 
 
65 
 
 36. Grant number one, containing 2G2 acres. 
 
 37. Grant number five hundred and eighty-four, containing 100 acres. 
 3S. Grant number four hundred and eighty-two, containing 100 acres. 
 
 39. Grant number three hundred and eighty-nine, containing 100 
 acres; amounting in the aggregate to six thousand eight hundred and 
 nine acres in the county of Graham. 
 
 In Jackson County, the following lands: 
 
 40. The strip of land adjoining the Qualla boundary on the south, be- 
 ginning at a post set by M. S. Temple, surveyor, at the ford of Soco Creek, 
 running thence easterly aloug the water divide of the ridge, south of Soco 
 Creek, until it intersects the Indian boundary at the top of said ridge, 
 opposite Echota Mission, and including all the lands between the said 
 water divide and the present Indian boundary, containing 700 acres, 
 more or less. 
 
 In Cherokee County : 
 
 41. The lot in Cherokee County, on the headwaters of Valley Eiver, 
 now occupied by Eli Ingrain, containing 100 acres, more or less. 
 
 42. Also a lot in such county adjoining the lands of Messrs. Fair, on 
 the north side of Valley Eiver, in district number six, containing one 
 huudred acres, more or less. 
 
 43. Also three thousand and fifty-two acres of land lying ofi the waters 
 of Valley Eiver and Vengeance Creek, comprising tracts to be hereafter 
 surveyed, and so as to embrace the lauds occupied by Johnson Grey- 
 beard and Nancy andEose Hawkins. The above being the lands selected 
 by the Indians and described in the report of the appraisers; also the 
 following lauds mentioned in the aforesaid award, to wit: 
 
 44. In Cherokee County, the lands occupied by the Indian Chiuaque 
 or John Owl, containing 100 acres. 
 
 45. The lands occupied by Eichard Ilenson and others and their heirs, 
 containing 210 acres. 
 
 46. Lands occupied by Eichard Ilenson and others, containing one 
 hundred and fifty-seven acres. 
 
 47. Lands occupied by Eichard Ilenson and others and their heirs, 
 containing 2,700 acres. 
 
 The last three tracts being Dist. No. 5, and comprising what is known 
 as the "Ilenson Donation." 
 In Graham County, the following lands: 
 
 48. Lands occupied by Dickageeskin's heirs, containing 100 acres, 
 being section 3G7, in district nine. 
 
 49. Lands occupied by Ootalkanah, section three hundred seventy- 
 three, in district nine, containing one hundred acres, 
 
 23673 17 
 
6G 
 
 50. Lauds occupied by Two-way-allah, part of number twelve, in dis- 
 trict No. 10, containing 100 acres. 
 
 51. Lands occupied by Cornsilk, section five hundred and eighty- 
 ciglit, iu district nine, containing 100 acres. 
 
 52. Lands of Tracking Wolf, section four bundled and four, district 
 No. 9. containing S3 acres. 
 
 53. Lands of Salkanali and others, district number six, containing 
 eighty acres. 
 
 54. Lands of Ter-a-tees kali, in district No. nine, containing 100 acres. 
 
 55. Lands of George Ooyahsteah, section 305, in district No. 9, con- 
 taining 100 acres. 
 
 5G. Lauds of Cah-uah a to go and others, section 405, in district No. 
 9, containing 100 acres. 
 
 57. Lands of Coheloskah, section 93, in district No. 9, containing 120 
 acres. 
 
 58. Lands of Toouah lee-yah, in district nine, containing 100 acres. 
 
 59. Lands of Cheesquenetak, iu district niue, containing 100 acres. 
 
 GO. Lauds of Te-tal-kanah, in district niue, containing 100 acres. 
 
 The aggregate number of acres of lauds described iu said award be- 
 ing four thousaud four hundred and fifty, and lying in Cherokee and 
 Graham Counties. 
 
 To have and to hold the aforesaid lauds and premises, with all the 
 appurtenances thereunto belonging, to the said "the Commissioner of 
 Indian Affairs" and his successors in office, as trustee for the use and 
 beuefit of the Eastern Band of Cherokee Indians of North Carolina 
 forever; and the said William Johnston aud Lucinda M. Johnston do 
 covenant to aud with the party of the second part, that they will war- 
 rant aud defend the interests herein conveyed by them free and dis- 
 charged from the lawful claims of all parties claiming the same by, 
 through, or under them, or either of them ; aud the said James W. 
 Terrell and Thomas D. Johnston, as commissioners and agents afore- 
 said, do covenant that they will warraut aud defend the same free from 
 the claims of all persons claiming same by, through, or under them, so 
 far forth as they are authorized and required to do by virtue of their 
 offices as commissioners aud agents aforesaid, and no further. 
 
 In testimony whereof the parties of the first part have hereunto set 
 their hands and seals this the 9th day of October, A. D. 1876. 
 In presence of: 
 
 War. Johnston. [seal.] 
 
 L. M. Johnston. [seal.J 
 
 Jas. W. Terrell. [seal.] 
 Thos. D. Johnston, [seal.] 
 
G7 
 
 In the probate court. 
 
 Buncombe County: 
 
 Be it known that on this, the 9th day of October, 1870, before the un- 
 dersigned, judge of probate in and for said county of Buncombe, person- 
 ally came William Johnston and wife, Lucinda M. Johnston, and Thomas 
 1). Johnston, of Buncombe County, and James W. Terrell, of Jackson 
 County, the parties described in and who executed the foregoing deed 
 of conveyance to '-the Commissioner of Indian Affairs," and each duly 
 acknowledged the execution by himself and herself of said deed for the 
 purposes therein mentioned. And thereupon the said Lucinda M. John- 
 ston, being by me privately examined, separate and apart from her said 
 husband, doth declare upon such examination that she executed the 
 same freely, voluntarily, and of her own accord, without any fear, force, 
 or undue influence on the part of her said husband or any one else, and 
 that she doth still voluntarily assent thereto. 
 
 Therefore let said deed and their certificate be registered. 
 
 [seal.] J. E. Eeed, 
 
 Judge of Probate. 
 
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