
    THE EASTERN BAND OF THE CHEROKEE INDIANS v. THE UNITED STATES AND THE CHEROKEE NATION, commonly called the Cherokee Nation west.
    (20 C. Cls. R., 449; 117 U. S. R., 288.)
    
      On the claimants’ Appeal.
    
    The claimants bring a suit against the United States, as trustees, and the Cherokee Nation, as parties in interest. They seek to participate in the benefits of certain trust funds held by the Government for educational and other purposes. They concede that they are not entitled to the custody of the funds nor to share in the lands of the nation west of the Mississippi; but contend that when those lands which were ceded by the United States for the use and benefit of the “whole Cherolcee people" are transmuted into money, and the money is held in trust by the Government, they, as a part of the Cherokee people, are entitled to participate in the benefits of the trust. It appears that the claimants are neither a sovereignty nor a body corporate, nor an aggregation of individuals; that all tribal relations between them and the Cherokee Nation have been severed ; and that they are virtually citizens of States east of the Mississippi; but they claim authority to bring this suit as an Indian tribe by virtue of the Act 3d March, 1883 (22 Stat. L., 585).
    The court below decides—
    (1.) An agreement signed by delegates of the Cherokee Nation and of the Western Cherokees, without authority, authorizing the North Carolina Cherokees to participate in the benefits of a treaty which those delegates had just concluded with the United States, cannot he enforced unless ratified.
    (2.) The Cherokees who remained east of the Mississippi after the removal of the nation thereby severed their connection with the Cherokee Nation.
    
      (3.) The North Carolina Cherokees were not made parties to the Cherokee Treaty, 1846 (9 Stat. L., 871), and were not regarded hy the treaty-making power as forming a part of the Cherokee Nation.
    (4.) The Cherokees east of the Mississippi do not form a nation. Their organization hy the Indian Office under the name of the Eastern Band was for the purpose of facilitating business with the Government, and is at most a social organization.
    Tbe decision of the court below is affirmed on the same grounds.
   Mr. Justice Field

delivered the opinion of the Supreme Court, March 1, 1886.  