The Van Buren press., 1876-11-28
The Cherokees and Railroads.

To most Of our readers, it is known
that the Little Rock and Fl. Smith Rail
way Company, run their road, in order
to get opposite Fort Smith, about two
miles within the boundary of the Chero-
kee Nation. Repeated applications have
been made for permit from the Indian
authorities to allow the road to remain,
all of which have failed The principal
Chief of the Nation, Hon. Charles E.
Thompson, in his annual message to the
Council, which met at Tahlequah, on the
first of the month, has this to say on
Railroads:
"The eleventh article of the treaty of
1866, between the Cherokee Nation and
the United States, uses the following Ian
guage, to-wit:
90 Article II. The Cherokee Nation
hereby grant right of way, not exceed
ing two hundred feet wide except at
stations, switches, or water stations or
crossings of rivers, where more may be
indispensable to the full enjoyment of
the franchise herein granted, and then
only two hundred additional feet shall be
taken, and only for such length as may
be absolutelyneeessary, through all their
lands, to any company or corporation,
which shall be duly authorized by Con
gress to construct n railroad from any
point north to.ahH point south. and from
any point east tUs4ny point west of, and
which may pass through the Cherokee
Nation ;~:sl'1. $500. ~
You will readily perceive, from the
terms and wording OF the above Article
of the Treaty, that the Cherokee Ma
ton only gave its consent for two roads
to enter or pass through their country.
We, as a Nation. have fully complied
with the terms Of the Treaty, in n'permit-
ting the NJ. *. u r., road to pass from
north to south, and the, A. K. F., road to
pass from east to- west in our country.
And, under the ,stipuEtions Of the Trca-
ty no other road has any legal right to
be.operated. or built on or. lands, with
out our consent. itwas ON these grounds
that, as soon as | received. information,
last May, that the Little. Rock and Fort
Smith road had entered our border,
promptly protested to the properauthor
lty against such illegal action, as was,
in duty, bound to do. But, from some
cause or otlier not known to me, the ac-
ton of the Interior Department was so
delayed that the company had time to
complete their road, and make their ter
minus some distance in our limits. That
matter now awaits your action, which it
will be necessary to do at an early day !;
as | deem it proper to resist in a firm
and determined manner, all encroaeh-
ments on our National rights
The editor OF the Cherokee Advocate,
the organ OF the Cherokees, comment
ing on this part OF the Chiefs message,
says: go y.-z.-.-s..
! The Chiol. ieayes it with the Nation
al Council to pursue what course it shall
consider wisest IN aegsrd to the Fort
Smith and Little Rock Railroad The
Chief points to the fact that there is no
claim upon the Nation for the. right OF
way for another railroad company. The
Council will, Of course, bear this in mind.
But the expediency OF making the best
terms we can VIII Inc fslliDau qae'tioil,
at the present jtacture, is question
that involves maityt considerations. Eli
ther the Jurisdiction of the Nation should
be acknowledged. +, So, or the Railroad
should be required to get off our domain
as promptly as it got on. No middle tenn
porizing course wifi be profitable to us
as a Nation"
The Advocate Of the 18th, gives the
proceedings Of the Council, and we no
tice that bill was passed by both Lou
ses, unanimously, calling on the United
States government to "remove the Lit
tie Rock and Fort Smith road out OF the
Nation" Also another bill was introdu
ced, authorizing the Sheriff Of the Dis
trict in which the road is located, to ar
rest citizens Of the United States intru
ding within that District.
w.