[added: The foregoing agreement signed by the Delegation who concluded the treaty as explanatory of the rights of those intended to remain under the provisions of the 12th article, and embracing their claims as provided for by all the Stipulations of the treaty, on the 4th of July 1836 I submitted to the Commissioner of Indian Affairs, and asked to be informed if approved by the Department and received thereto the following answer.]


War Department
Office of Indian Affairs July 19, 1836

Wm. [William] H ThomasEsqr. [Esquire]
Scotts Creek
HaywoodNC
Sir

your Communication of the 4th inst [instant] has been laid before the Secretary of War, with the accompanying doccuments [documents] relating to the interest of the Cherokees, residing in the state of North Carolina, in the treaty of Dec 29, 1835

I am instructed to inform you that the Cherokeesin North Carolinahave an interest proportionate to their numbers in all the Stipulations of that treaty

Very [illegible]
(signed)
[Signed] [added: C.A. Harris]
A true copy from the records.
T. R Cruttenden
clk Ind Off [clerk Indian Office]

This decision of the War Department embraced therein all the Claims of the Cherokeesremaining east of the Mississippi river. for improvements, Spoliations, Commutation for removal and subsistence, Compensation for reservations required to be relinquished, [deleted: and] per capita, and [deleted: also] lands and permanent funds of the nation west, as all were embraced in the Submission, and are Comprehended in the Stipulations of the treaty in which by the decision they are adjudged to have an equal interest proportioned to their numbers. The following letter shows what was required of Cherokeesdesiring to remain east. Instructions from the War Department office of Subsistence, to the superintendent of Cherokeeremovals, under date of July 28.th 1836, "9 enrolling Books will be prepared, in which will be entered the Substance of the treaty recently formed; and a clause Shall then be added, signifying the choice of the signers as to the time of removing under the treaty or whether they would prefer to become citizens."

The Cherokeesdesiring to remain in the state of North Carolinaunder the provisions of the 12th article of the treaty, in order to ascertain if the State had any objections to their availing themselves of that privilege, in the month of December 1836 sent a memorial to the General Assembly then in session. in which they first acknowledge the unexamp [unexampled] kindness of that State to the Indians within her charter, Second [added: ,] they desired to be permitted to remain Subject to her jurisdiction, and that they be allowed to remove west to their home in that Country as they made it their choice, Third [added: ,] removal, and Subsistence. allowance. provided for them by the treaty would be reserved for that purpose, and as evidence of their rights thereto accom

panied the petition with the letter containing the decision of the War Department on their claims bearing date July 19, 1839. before refered [referred] to. and if they State was willing they should remain as requested. desired the passage of such laws for their protection as the Legislature deemed necessary to take effect in May 1838, after the expiration of the time provided in the treaty for the removal of the nation

In compliance with the prayer of the foregoing petition the following law was passed.

An Act to prevent frauds on Cherokee Indiansresiding in this State

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the Same That all Contracts, and agreements of every description made after the 18th of May one thousand eight hundred and thirty eight, with any Cherokee Indian, or any person of Cherokee Indianblood, within the Second degree, for an amount equal to ten dollars or more, shall be null and void, unless some note or memorandum thereof be made in writing and Such Indian or person of Indian blood, or by Some other person by him authorised [authorized], in the presence of two creditable witnesses, who Shall also Subscribe the same. ratified January 21, 1837, see Chap. [Chapter] 8, Acts of 1836 & 7.

Letter of the Hon [Honorable] C A HarrisCom [Commissioner] Indian Affairs
Washington City DC
July 19, 1839
Containing a decision of the Department on the rights of Cherokeesremaining in NC [North Carolina]