Page:United States Statutes at Large Volume 16.djvu/762

 728 TREATY WITH THE CHEROKEE INDIANS. APRIL 27, 1868. sales of said lands and invest the same for the benefit of said Indians, and for the purpose of preventing lgigation ang of harmongziqg abc copfijcting interests of the said American mi rant ompany an o the said ames F. Joy, it is the desire of all the pgrties in interest that the said Ame;-i. can Emigrant Company shall assign their said contract and all their right, title, claim, and interest in and to the sgidr "C}heHokee neutral lands " to the said James F. Jo, and that the said oy s a assume and conform to all the obligations of said company under their said contract, as hereinafter modified :- Contract with It is, therefore, agreed, by and between Nathaniel G. Taylor, com- missioner on the part of the United States of America, and Lewis Q,`;,,, axiggédio Downing, H. D. Reese, Wm. P. Adair, Elias C. Boudinot, J. A. Scales, Jay; Archie Scraper, J. Porum Davis, and Samuel Smith, commissioners on the part of the Cherokee nation of Indians, that an assignment of the contract made and entered into on the 30th day of August, A. D. 1866, by and between James Harlan, Secretary of the Interior, for and in behalf of the United States of America, of the one part, and the American Emigrant Company, a corporation chartered and existing under the laws of the State of Connecticut, of the other part, and now on file in the Department of the Interior, to James F. Joy, of the city of Detroit, Michigan, shall be made; and that said contract, as hereinafter modified, be and the same is hereby, with the consent of all parties, reaffirmed and declared valid ; and that the contract entered into by and between Orville H. Browning, for and in behalf of the United States, of with Joy to bs the one part, and James F. Joy, of the city of `Detroit, Michigan, of the °“““u°d· other part, on the 9th day of October, A. D. 1867, and now on file in the Department of the Interior, shall be relinquished and cancelled by the said James F. Joy, or his duly authorized agent or attorney; and the said first contract as hereinafter modified, and the assignment of the first contract, and the relinquishment of the second contract, are hereby ratified and confirmed, whenever said assignment of the first contract and the relinquishment of the second shall be entered of record in the Department of the Interior, and when the said James F. Joy shall have accepted said assignment and shall have entered into a contract with the Secretary of the Interior to assume and perform all obligations of the plaid AmericandEm1igrant Company under said first-named contract, as ereina ter mo ifie. ofggggimlgwh The modifications hereinbefore mentioned of said contract are hereby American Emi_ declared to be-: -—- gi-trot Company 1. That withm ten days from the ratification of this supplemental “"$“°d °° J°Y· article the sum of seventy-five thousand dollars shall be paid to the (Secretary of the Interior as trustee for the Cherokee nation of Inians. 2. That the other deferred payments specided in said contract shall bp piaid wléien they respectively fall due, with interest only from the date o the rati cation ereofi It is further agreed and distinctly understood that, under the convey- ance of the “Cherokee neutral lands" to the said American Emigrant Company, "with all beneficial interests therein," as set forth in said contract, the said company and their assignees shall take only the residue of said lands after securing to " actual settlers ” the lands to which they are entitled under the provisions of the seventeenth article and amendments thereto of the said Cherokee treaty of August 11th, 1866; and that the proceeds of the sales of said lands, so occupied at the date of said treaty by " actual settlers," shall enure to the sole benefit of; and be retained bylthle Secretary of the Interior as trustee for the said Cherokee nation o n ians. Execution. In testimony whereof; the said commissioners on the part of the United States, and on the part of the Cherokee nation of Indians, have hereunto