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Show 174 MYTHS OF THE CHEROKEE fETH. ANN. 19 which the disputed lands had been bought in by Johnston, he should be allowed to hold them only as security for the balance due him until paid, and that on the payment of the said balance of $ 7,066.11, with interest at 6 pec cent from the date of the award, the Indians should be entitled to a clear conveyance from him of the legal title to all the lands embraced within the Qualla boundary. 1 To enable the Indians to clear off this lien on their lands and for other purposes, Congress in 1875 directed that as much as remained of the " removal and subsistence fund" set apart for their benefit in 1848 should be used " in perfecting the titles to the lands awarded to them, and to pay the costs, expenses, and liabilities attending their recent litigations, also to purchase and extinguish the titles of any white persons to lands within the general boundaries allotted to them by the court, and for the education, improvement, and civilization of their people." In accordance with this authority the unpaid balance and interest due Johnston, amounting to $ 7,242.76, was paid him in the same year, and shortly afterward there was purchased on behalf of the Indians some fifteen thousand acres additional, the Commissioner of Indian Affairs being constituted trustee for the Indians. For the better protection of the Indians the lands were made inalienable except by assent of the council and upon approval of the President of the United States. The deeds for the Qualla boundary and the 15,000 acre purchase were executed respectively on October 9, 1876, and August 14,1880.* As the boundaries- of the different purchases were but vaguely defined, a new survey of the whole Qualla boundary and adjoining tracts was authorized. The work was intrusted to M. S. Temple, deputy United States surveyor, who completed it in 1876, his survey maps of the reservation being accepted as the official standard. 8 The titles and boundaries having been adjusted, the Indian Office assumed, regular supervision of East Cherokee affairs, and in June, 1875, the first agent since the retirement of Thomas was sent out in the person of W. C, McCarthy. He found the Indians, according to his report, destitute and discouraged, almost without stock or farming tools. There were no schools, and very few full- bloods could speak English, although to their credit nearly all could read and write their own language, the parents teaching the children. Under his authority a distribution was made of stock animaLs, seed wheat, and farming tools, and several schools were started. In the next year, however, 1 See award of arbitrators, Rufus Barringer, John H. Dillard, and f. Ruffin, with full statement, in Eastern Band of Cherokee Indians against W. T. Thomas etal. H. R. Ex. Doc. 128, 53d Cong., 2d seas., 1894; summary in Royce, Cherokee Nation, Fifth Ann. Rep. Bureau of Ethnology, pp. 815- 318,1888. * See Royce, op. cit., pp. 315- 318; Commissioner T. J. Morgan, Report of Indian Commissioner, p. xxix, 1890. The final settlement, under the laws of North Carolina, was not completed until 1894. 3Royce, op. cit., pp. 315- 318; Carrington, Eastern Band of Cherokeea, with map of Temple survey, Extra Bulletin of Eleventh Census, 1892. |