Excerpt from United States Circuit Court, Western District of North Carolina, in Equity: The United States Against William H. Thomas, W. L. Hilliard, and Others; Bill

I. That heretofore, to wit, on the 29th of December, 1835, a treaty (7 Stats, 478) was made and concluded between your orator and the Chiefs, Head-men, and People of the Cherokee tribe of Indians, at New Echota, in the State of Georgia, and was duly ratified and proclaimed;. That the principal object of the said treaty was to effect the removal of the said tribe of Indians from the territory then occupied by them east of the river Mississippi to a region of country_set apart for them west of the said river; that the said treaty also provided (article 12) that those individuals and families of the Cherokee nation that are averse to a removal to the Cherokee country west of the Mississippi and are desirous to become citizens of the States where they reside, and such as are qualified to take care of themselves and their property, shall be entitled to receive their due portion of all the personal benefits accruing under this treaty for their claims, improvements, and per capita, as soon as an appropriation is made for this treaty; that in pursuance of this article of the treaty, Congress, by the fourth and fifth sections of an act approved 29th July, 1848 (9 Stats, entitled An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with the various Indian tribes for the year ending June thirtieth, eighteen hundred and forty nine, and for other purposes, provided as follows.

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