office was tixed at four years.'
The status of the lands held by the Indians had now become a matter
of serious concern. As has been stated, the deeds had been made out
by Thomas in his own name, as the state laws at that time forbade Indian
ownership of real estate. In consequence of his losses during the
war and his subsequent disability, the Thomas properties, of which
the Cherokee lands were technically a part, had become involved, so
that the entire estate had passed into the hands of creditors, the most
important of whom. William Johnston, had obtained sheriff's deeds in
1869 for all of these Indian lands under three several judgments against
Thomas, aggregating $33,887. 1 1. To adjust the matter so as to secure
title and possession to the Indians. Congress in 1870 authorized suitto
he brought in their name for the recovery of their interest. This suit
was begun in May. Isj:;. in the United States circuit court for western
North Carolina. A year later the matters in dispute were submitted
by agreement to a board of arbitrators, whose award was continued by
the court in November. 1S74.
The award finds that Thomas had purchased with Indian funds a
tract estimated to contain 50,000 acres on Oconaluftee river and Soco
creek, and known as the Qualla boundary, together with a number of
individual tracts outside the boundary; that the Indians were Mill
indebted to Thomas toward the purchase of the Qualla boundary
lands for the sum of $18,250, from which should be deducted $6,500
paid by them to Johnston to release titles, with interest to date of
award, making an aggregate of $8,486, toe-ether