Year: 1870




on the assembling of the National Coun
Gil -


According to your instructions you
Delegation tried to obtain from Congress!
charter to build all the railroads to b'
run through the Cherokee Nation; bu


we failed entirely. Instead of this, {
commission was sent out, under lhstruc
tions from the Secretary of the Interior


to determine to which Of the two com
peting railroad companies, should ~
awarded the right OF way through on
Nation, under the provisions of the treaty
Of 1866. AS the result, the right of way
has been awarded to the Missouri, Kan


sas and Texas Railroad Company. This
Company has already pushed its roac
far down into the interior of our country
and by the next Spring we shall probably
have the cars running into Fort Gibson


This Railroad has been preciptated
upon us since the adjournment Of Coun'
cil last year, and Of course no legislation
could be had to settle the terms upon
which said Railroad Company could OBJ
tain material from the public domain fol
the construction Of their road; or the
terms upon which our citizens could fur
nish said material from the public do
main. This state of things has caused
some trouble


"Ralroad ties were cut off the public
domain, both by the citizens of the Ma
ton and those who were not citizens,
contrary to law. For the purpose ofpre
venting this unlawful procedure, | in
structed the Sheriff to take possession OF
said ties, and to stop all persons engaged
in the tie business. But after mature re
| lection. and in order that no obstacles
should be offered to the progress Of the
road, | assumed the responsibility in the
absence of Legislation, to release all ties
delivered to the railroad company, or
claimed by citizens of this Nation, at
! their desire, upon condition that the
nominal owners of such ties, would give
bond and security for the payment Of
such reasonable tax as the National
Council might require, and requested the
! United States Agent for the Cherokees
to seize and sell for the benefit Of our
Treasur7, all ties cut from our public do
main by intruders.


"A elashing Of interests has also oc
Cured between the Railroad Company
aud portion of our citizens, with regard
commpafifn5 m fifrftffa tfat 2aaEditScr thsay 6nRnqq}6B q}6B
quarry stone from any unoecupied bluil
that some citizen will set up claim to
such bluff, and exact exorbitant prices
for stone.


This subject will require your care
ful consideration and action. While we
muse guard very jealously our national
interests and the Interests Of our citizens,
yet, now that the right ot-way has been
awarded to this Railroad Company under
the treaty Of 1866, we must not place any
obstacle in the way oftheir progress, but
on the other hand, rem Ter them every ia
clity in ourpower


/ "To prevent further confusion and
misunderstanding, l@ould recommend
that the Cherokee Nation take the cor,
tract to supply the railroad with ties at
some specified rate and then invite every
citizen Of the Nation to deliver ties on
the said railroad to an agent OF the Ma
ton, appointed to receive the same and
to deliver them to the company. Let the
price paid to citizens be just enough less
than the contract price to dcfray the cX-
penses Of the agent and to pay a reason.
able tax to the Nation. This will pre-
vent monopoly and destruction Of timber
on the public domain for the benefit Of 4
few only and give every citizen an equal
chance. An arrangement Of a somewhat
similar nature might be made in regard
to other railroad material


81 would recommend, that the proyis.
ion of the constitution, which empowers
the National Council to pass laws to pre-
vent citizens from monopolzing improve
ments with the view Of speculation, be
now carried into effect by appropriate
legislation. Let it be clearly defined what
constitutes an Improvement, and let there
be reasonable, but definite limit set as
to the extent TO which individuals can
hold such Improvements. This should
be done that captious citizens may not
offer unreasonable annoyance TO the rail.
road company, and more particularly to
prevent any one individual, from setting
on an improper number of claims to land
contiguous TO the railroad to the exclu.
sion of other citizens. This matter has
now become so important, that | hope,
that you will take prompt apd decisive
action on it


''By the terms Of the treaty of 1866
citizenship is conferred on all freedmen,
freed by Cherokee citizens, orby the laws
of the Cherokee Nation who were resi-
dents of the Cherokee Nation at the pas
sage of the Treaty or who may return
within six months after the ratification
of The same, and this is substantially in
corporatcd in our constitution. But un-
fortunately there was quite number Of
such freedmen who were absent at the
time OF the ratification Of the treaty and
were so crcumstanced that they could
not return to the nation within the time
specified They had been scattered by
the war to the North and 10 the South
Many of them did not learn until too
late that any such limit was set to the
time in which they should return. Many
Of them were so poor that they could not
obtain transportation within the time
even if they had known it. Yet here is
their only home. They cling to it and
cherish it in their hearts as fondly as we
do. Here they were born. here are all
their kindred and friends, and here are
II 4 4, ,fa.a .,,.,. IL