on earth, until we meet again where parting is never known
and friends meet to part no more forever.
"L. R. "Welch,
"Principal Chief Eastern Band Cherokei Indians.
" Witness:
"Samuel W. Davidson.
"B. E. Mkrony."
(49) Status of eastern BAND i]>. 180): For some reason all authorities who have
hitherto discussed the status of the eastern band of Cherokee seem to have been
entirely unaware of the enactment of the supplementary articles to the treaty of New
Echota, by which all preemption and reservation rights granted under the twelfth
article were canceled. Thus, in the Cherokee case of "The United States etal against
D. T. Boyd it nl," we And the United States circuit judge quoting the twelfth article
in its original form as a basis for argument, while his associate judge says: "Their
forefathers availed themselves of a provision inthe treaty of New Echota and
remained in the state of North Carolina." etc. (Report of Indian Commissionei lor
1895, pp. 633-635, 1896). The truth is that the treaty as ratified with its supplemen-
tary articles canceled the residence right of every Cherokee east of the Mississippi,
and it was not until thirty years afterwards that North ( 'arolina finally gave assurance
that the eastern band would he permitted to remain within her borders.
The twelfth article ..f the new Echota treaty of December 29, 1835, provides for a
pro rata apportionment to such Cherokee as desire to remain in the East, and con-
228 MYTHS OF THE CHEROKEE [eih.ann.19
tinues: "Such heads of Cherokee families as are desirous to reside within the states
of North Carolina, Tennessee, and Alabama, subject to the laws of the same, and
who