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United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1892
([1892])

Appendix,   pp. 141-[202] PDF (29.4 MB)


Page 141

APPENDIX. 
LETTER TO SECRETARY OF THE INTERIOR IN REGARD TO EDU- 
CATIONAL DIFFICULTIES AMONG THE EASTERN CHEROKEES. 
DEPARTMENT OF THE INTERIOR, 
OFFICE OF INDIAN AFFAIRS, 
Washington, November 3, 1892. 
SIR: Relative to the school lands and property formerly occupied by the So-
ciety of Friends in-western North Carolina, about which there is now some
controversy touching the right of Mr. H. W. Spray to the possession of the
same, I have the honor to state that, as shown by the accompanying plat,
two 
tracts of land are involved, which are more fully described as follows: 
(1) By the Indian appropriation act of July 4, 1884, Congress aplropriaLed
$4,000 for the erection of a boarding house, the purchase of tools and agricul-
tural implements, and other necessary articles to establish an industrial
train'ng 
school among the Eastern Band of Cherokees in North Carolina. (23 Stats.,
9z.) 
By an act of the Cherokee council approved August 4, 1884, N. J. Smith, the
principal chief, was authorized and empowered to deed to the General Govern-
ment a certain tract of land, in whole or in part, lying along Lufty River
and 
extending to the street next to the town lot of N. J. Smith, and bounded
on the 
one side by the Long Blanket tract and on the other side by the land of Clay,
said land to be for the location of certain Government buildings (boarding
school 
and shop) for the use of the Eastern Band of Cherokee Indians. And as the
said Indians were desirous and anxious to have said school building erected
as 
contemplated by said act of Congress, and their council having empowered
the 
chief to execute a deed to the Government, as required by section 355 of
the Re-. 
vised Statutes, preparatory to the erection of public buildings, Chief N.
J. Smith 
did, on the 25th day of August, 1884, for and in behalf of said Indians.
convey to 
the United States a portion of the land lying in North Carolina, conveyed
by 
William Johnston and wife, October 9, 1876, to the said Indians, to be held
in 
common, described as follows: 
Beginning at the northwest corner of town lot No. 2, being a portion of lot
No. 33, in Temple's 
survey, in Cherokee. Yellow Hill Township. Qualla Boundary, State of North
Carolina, and 
extending N. 581 30' W., 16 poles, to the street adjoining town lot No 5,
owned by N. J. Smith: 
thence N. 310 30' E., 17 poles, to the land farmed by Clay, alias John Lossy;
thence S. 581 30' 1E., 
16 poles; thence S. 31' 30' W., 17 poles, to the point of beginning, containing
1.70 acres, more or 
less, etc. 
This deed was acknowledged before W. A. Gibson, clerk of the superior 
court, the same day, and is of record in this office in volume 7, Miscellaneous
Deeds, pages 18 to 21, and is recorded in Swain County, in register of deeds'
office, in Book D, No. 4, pages 531 to 534, October 22, 1884. 
And by virtue of the same authority, the said N. J. Smith did, on the 24th
day of March, 1885, for and in behalf of saidIndians, convey to the United
States 
a portion of the land conveyed by said Johnston and wife to the Eastern Band
of 
Cherokee Indians by said deed of October 9, 1876, described as follows: 
Beginning at the northwest corner of lot No. 1, being a portion of lot No.
33, in Temple's survey, 
in Cherokee, Yellow Hill Township, Qualla Boundary, North Carolina, and extending
N. 580 30, 
W., 8 poles, to the corner of the lot owned by the United States; thence
N. 3P 30' E., 17 poles, 
along the line of the lot owned by the United States to the land farmed by
Clay, alias John 
Lossy; thence S. 58' 30' E., 8 poles; thence S. 310 30'W., 17 poles, to the
point of beginning, con- 
taining seventeen-twentieth acre, more or less (.85 acre). 
. This deed was acknowledged the same day before William T. S. Curtis, a
notary 
public of the District of Columbia; on the 31st day of March, 1885, reacknowl-
edged before John E. Beall, a commissioner of deeds for North Carolina, in
the 
District of Columbia, and is recorded in the register of deeds' office, Swain
County, N. C., in Book E, No. 5, pages 278 to 282, May 26, 1883, and in this
office 
in Miscellaneous Record, volume 1. pages 488 to 491. 
These deeds have not been submitted to the Attorney-General for his written
opinion as to their validity, Acting Secretary Muidrow deciding it not to
be neo- 
144 


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