War of the Rebellion: Serial 127 Page 0684 CORRESPONDENCE, ETC.

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cent. per annum, which shall be sacredly devoted to the support of the said two seminaries of learning, and to no other purpose whatever.

ART. XLIX. It is further ascertained and agreed by and between the Confederate States and the Cherokee Nation that the treaty of the sixth day of August, A. D. one thousand eight hundred and forty-six, was negotiated and concluded with the United States by three several parties; that is to say, the Cherokee Nation by delegates appointed by its constituted authorities, that portion of the nation known as "the treaty party," being those who made and those who agreed to the treaty of the year one thousand eight hundred and thirty-five, and "the Western Cherokees" or "Old Settlers," being those who had removed west prior to that date of that treaty and were then residing there; that the said three parties, by their delegates, after the making of the said treaty of the year one thousand eight hundred and forty-six borrowed from Corcoran & Riggs, bankers in the city of Washington, the sum of $60,000 upon agreement indorsed by the Secretary of War, by which the same was to the repaid with interest when the moneys payable under said treaty should be appropriated, as follows, that is to say: $25,000 by the treaty party, $20,000 by the Western Cherokees or Old Settler party, and $15,000 by the Cherokee Nation; that at the session of Congress next after the making of that treaty the sum of $27,000 for the Cherokee Nation was appropriated under the eighth article of the same, and the sum of $100,000 under the sixth article for the treaty party; but no appropriation was made for the Western Cherokees or Old Settler part under the fourth article (whereunder only any moneys were payable to them), the amount due them, and which was to be wholly paid per capita under that article, not having as yet been ascertained; that consequently the sum borrowed as aforesaid, with the accrued interest, was repaid out of the two appropriations aforesaid, one-half of the principal and interest which should have been paid by the Western Cherokees or Old Settler party being deducted from and paid out of the appropriation made for each of the others; and there being thus paid out of the moneys so appropriated under the eighth article for various purposes for the whole nation over and above its proportion the sum of $10,300, and out of the moneys appropriated under the sixth article for those of the treaty party who had sustained losses and damage in consequence of the treaty of the year one thousand eight hundred and thirty-five, over and above the proportion of that party, a like sum of $10,300; that when afterward the amount ascertained to be due to the Western Cherokees or Old Settlers, under the fourth article, was appropriated, the whole amount was paid to and distributed among them per capita, and no part of the sum so advanced for them out of the other and previous appropriations was reserved, nor has any part thereof whatever hitherto been reimbursed to those entitled to receive the same by the Western Cherokees or by the United States, or otherwise howsoever -

Therefore, it is further hereby agreed that the Confederate States will pay, upon the ratification of this treaty, to the Cherokee Nation this sum of $10,300; and will also appropriate and place in the hands of the agent for the Cherokees the further sum of #10,300, to be distributed among the claimants of the treaty party, provided for by the sixth article of the said treaty, or their representatives under the laws of the nation, in such proportions as it shall be certified to him by Stand Watie, the only surviving member of the committee