APPRAISAL OF CONFISCATED PROPERTY—CENSUS.
In pursuance of the third article of the treaty of 1866, and in accordance with the terms of an act of Congress approved July 27, 1868,[613] H. R. Kretschmar, on behalf of the United States, and —— Stephens, on behalf of the Cherokee Nation, were appointed, in the summer of 1868,[614] commissioners to appraise the cost of property and improvements on farms confiscated and sold by the Cherokee Nation from acts growing out of the Southern rebellion. J. J. Humphreys had been appointed May 21 of the preceding year to perform the same duties, but had not fulfilled the object of his instructions. The commission reported[615] the value of the improvements of the character referred to as $4,657.
Mr. H. Tompkins was designated in the summer of 1867[616] to take the census of Cherokees in the Indian Territory contemplated by the twelfth article of the treaty of 1866. From his returns it appears that the nation then numbered 13,566 souls.
NEW TREATY CONCLUDED BUT NEVER RATIFIED.
During the two years following the conclusion of the treaty of 1866 peace and quietude prevailed among the Cherokees. They were blessed with abundant crops and the bitter animosities of the past years became greatly softened, insomuch that the Secretary of the Interior, in the spring of 1868,[617] under the authority of the President, directed that negotiations be opened with them for a new treaty in compliance with their request.[618] Articles of agreement were accordingly entered into on the 9th of July, 1868,[619] between N. G. Taylor, commissioner on behalf of the United States, and the principal chiefs and delegates representing the Cherokee Nation. The reasons rendering this treaty both desirable and necessary are thus set forth in the preamble, viz:
Whereas the feuds and dissensions which for many years divided the Cherokees and retarded their progress and civilization have ceased to exist, and there remains no longer any cause for maintaining the political divisions and distinctions contemplated by the treaty of 19th July, 1866; and whereas the whole Cherokee people are now united in peace and friendship, and are earnestly desirous of preserving and perpetuating the harmony and unity prevailing among them; and whereas many of the provisions of said treaty of July 19, 1866, are so obscure and ambiguous as to render their true intent and meaning on important points difficult to define and impossible to execute and may become a fruitful source of conflict not only amongst the Cherokees themselves but between the authorities of the United States and the Cherokee Nation and citizens; and whereas important interests remain unsettled between the Government of the United States and the Cherokee Nation and its citizens, which in justice to all concerned ought to be speedily adjusted: Therefore, with a view to the preservation of that harmony which now so happily subsists among the Cherokees, and to the adjustment of all unsettled business growing out of treaty stipulations between the Cherokee Nation and the Government of the United States, it is mutually agreed by the parties to this treaty as follows, etc.
Among the more important objects sought to be accomplished, and for which provision was made in the treaty, were:
1. The abolition of all party distinctions among the Cherokees and the abrogation of all laws or treaty provisions tending to preserve such distinctions.
2. The boundaries of the Cherokee country are defined in detail and as extending as far west as the northeast corner of New Mexico.
3. The United States reaffirm all obligations to the Cherokees arising out of treaty stipulations or legislative acts of the Government.