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Show 1 LXIV REPORT OF THE COMMISSIONER OF INDIAN AF&'AIRS. against said Thomas for all claims, including lands, which they might have against him. Under the award of Rufbs Barringer and others, dated October 23,1874, which was confirmed by said court at its No-vember term, 1874, and act of Congress approved Augnst 14,1876 (16 Stats., p. 139), these Indians became possessed of the lands in ques-tion. Adverse claims of white men have been made upon some of these lands, and 1 am credibly iuformed that under the land lams of North Carolina "any citizen can obtain a State grant or patent for a,ny land in the State regardless of t,he fact that the State may have partedwith its title to the same to another party." Under this law any one may obtain a grant or patent from the St.ate for a tract of land embracing the town of Asheville, or !ny other town or other body of land in the 8 State, by paying 123 cents per acre for it, though the same land may have been sold and patented fifty yearsago; but his title to the tract must be d.etermiuedin the courts. I am further informed that the State, since the date of said award and decree, has issued grants or patents for lands within the '' Qualla Boundary ?w' hich were entered by Thomaa and others mauy years ago, and the only proper proceeding in respect to white Inen settled upon Indian lands is to bring snit against them in the courts, which is the only power they will respect; and this, too, must be done within seven years from their entry. To institute suits, however, involves the outlay of money. Thisbaud has funds under section 3859 of tlfe Revised Statutes, and by the In-dian appropriation act of March 3, 1875, this fund was authorized to be applied, m~dctrh e direction of the Secretary of the Interior, to per-fecting titles to lands, to payment of expenses of suits, to purchase and extinguish the titles of any whites within the 'Lbonndary," and for the education, improvement, and civilization of said Indians (18 Stats., p. 47). But by the Indian appropriation act of Augost 15, 1876 (19 Stats., p. lgi), after the payment of certain amounts to certain claim-ants therein na.mei1- The balance of the fond appropriated by tbeaot of Maroh 3, 1875, shall, upon the 1st of Joly, 1876, be placed to their credit upon the books of the Treasury Department, to bear interest at tbe rate of 5 per cent. per anoum ; and the Secretary of the Iute-rior ia sutborized to use annudly for sgriaultnral implerrlents and for edoontional pnr-posan among said Indians sa much of the priucipnl of said fund as, with the interest souuslly accruing thereon, abnll amount to $6,000. By the 111dian appropriation act of March 3,1877, the sum of $1,500 mas appropriated from this fund to complete the survey of their lands, $300 for attorney fees to examine titles, and the Secretary of the In-terior was authorized to une a portion of the fund for the support of schools among the Eastern Band of Cherokee Indians in aid of schools among said Oherokees residiug in Tenuessee and Georgia (19 Stats., p. 291). Thus it will be seen that these Indians are subject to continned en-croachments upon tGeir lands by n~hitec laimauts, and that, while they |
