This treaty is concluded as a supplemental article to the treaty of
July 19, 1866.
After reciting that a contract was entered into August 30, 1866, for
the sale of the Cherokee neutral land, between James Harlan, Secretary
of the Interior, and the American Emigrant Company; that such contract
had been annulled as illegal by O. H. Browning, as Secretary of the
Interior, who in turn entered into a contract of sale October 9, 1867,
with James F. Joy, for the same lands, it is agreed by this treaty, in
order to prevent litigation and to harmonize conflicting interests,
as follows, viz: An assignment of the contract of August 30, 1866,
with the American Emigrant Company shall be made to James F. Joy. Said
contract as hereinafter modified is reaffirmed and declared valid. The
contract with James F. Joy of October 9, 1867, shall be relinquished
and canceled by said Joy or his attorney. The said first contract,
as hereinafter modified, and the assignment thereof, together with
the relinquishment of the second contract, are hereby ratified and
confirmed whenever such assignment and relinquishment shall be entered
of record in the Department of the Interior, and when said Joy shall
have accepted such assignment and entered into contract to perform
all the obligations of the American Emigrant Company under said first
contract as hereinafter modified.
The modifications of said contract are declared to be:
1. Within ten days from the ratification of this treaty, $75,000 shall
be paid to the Secretary of the Interior, as trustee for the Cherokee
Nation.
2. The other deferred payments shall be paid when they fall due, with
interest only from the ratification hereof.
It is distinctly understood that said Joy shall take only the residue
of said lands after securing to "actual settlers" the lands to which
they are entitled under the amended seventeenth article of the treaty
of July 19, 1866. The proceeds of the sales of such lands so occupied
by settlers shall inure to the benefit of the Cherokee Nation.