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Show 104 REPORT OF THE DOMMIBBIONER OF INDIAN AFFAIRB. this legislation into effect a commission, consisting of Rufus Barringer, John H. Dillard, and Thomas RuBn, was appointed to investigate, arbitrate, and decide upon the alleged claim of these Indians to money and land, and report its findings to the circuit court of the United States for the western district of North Carolina for its determination. This commission filed its awardin that court October 23,1874, and the same was made an order of the court at its next ensuing November term. They awardedQ that William H. Thomas, in pursuance of the agreement and trust reposed in him, did from time to time, ahd from various persons, purchase lands for said Indians as a tribe and com-munity, and settled thereon, and carved up the same into towns, which purchases were definitely described in the award, and included in and made a large tract, situated on Soco Creek and Ocona Lufta River and their tributaries, known as the "Qualla boundary." By this award cer-tain named Indians who held land within Qualla boundary by deed or contract from said Thomas were awarded the lands so held by them 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. That the ontboundaries of this general boundary, as described in the award, might be more definitely located and defined, Congress, in the sundry civil appropriation act approved June 23, 1874 (16 Stat.,'213), appropriated $15,000 to defray the expenses of surveying "the land of the Cherokee Indians in North Carolina" under the direction of the,. Secretary of the Interior. The survey was made by M. S. Temple, under a contract with the Commissioner of the General Land Office, and completed in September, 1875. A deed for the land so surveyed, and known as "the Qnalla bonnd-ary," and in supposed conformity to the award, was executed October 9, 1876, by William Johnston, and L. M. Johnston, his wife, to the Eastern band of 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 ?resident of the United States." A deed dated August 11, 1880, was executed by William Johnston, Lucinda M. Johnston, his wife;W. L. Hilliard, guardian, and James W. Terrell, commissioner and attorney for William H. Thomas, con-peying to the Commissioner of Indian ~f f a i r kof the United States, as trustee for the Eastern band of Cherokee Indians in North Carolina, the 68 tracts of land therein described, containing in the aggregate 15,211.25 acres. This is known as the "Sibbald deed," and it com-prised lands lying in Cherokee, Graham, Jackson, and Swain counties, QA copy of this award may be found in House Executive Document No. 196; Forty-seventh Congress, first session, and. House Executive Document No. 128 Fifty-third Congress, second session. bFor a copy of the deed of conveyance see page 108 of House Ex. Doc. No. 128, Fifty-third Congress, second 8essiou. |
