The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))Royce, Charles C.
History
The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))
Royce, Charles C.
Cherokee Indians -- Government relations; Cherokee Indians -- Treaties
of their route, and began operations within the limits of the Cherokee
country without having received the previous permission of either the
United States or the Cherokee authorities so to do. To this conduct the
Cherokees made vigorous objection, and appealed to the Secretary of
the Interior. That officer notified[673] the railroad officials that
the Cherokees did not recognize their right to so intrude upon the
Territory, and that no work of the kind referred to could be permitted
therein until the Executive should be satisfied, by evidence submitted
in proper manner, that such entry and occupation were in accordance
with law. Thereupon the officers and attorneys of the several companies
interested appeared and submitted arguments before the Secretary of the
Interior on behalf of their respective interests. The point submitted
for the consideration of the Secretary and for the determination of
the President was, what rights had been given to railroad companies to
construct railroads through the Indian Territory and what railroads, if
any, were entitled to such privileges and right of way.
On the part of the Indians it was claimed that the whole scheme of
treaties and of legislation looked to the construction of but a
single trunk road through the Territory from north to south, and, as
far as the Cherokee Nation was concerned, for the like construction
of but a single road through its territory from east to west. This
interpretation of the treaties and the laws was admitted to be the
correct one by all the companies but the Missouri, Kansas, and Texas.
This company insisted that the meaning of the legislation and of the
treaties was to give the right of way to as many roads as might in any
manner be authorized by Congress to enter the Territory.
The Secretary of the Interior in his opinion[674] expressed an emphatic
concurrence in the interpretation insisted upon by the Cherokee
delegation. He was further of the opinion that neither of the roads had
so far earned a right to enter the Indian country by the construction
of a continuous line of road to the legal point of entrance, but that
as it might soon be necessary to decide which company should first
completely fulfill the conditions of the law, an executive order ought
to be issued declaring that no railroad company should be permitted
to enter the Territory for the purpose of grading or constructing a
railroad until a report should be received from a commission composed
of the superintendents of Indian affairs for the central and southern
superintendencies designating which company had first reached the line.
These views and findings of the Secretary of the Interior were approved
by the President and directed to be carried into effect.[675]
Public-domain text, read in full here on John Shaqi.
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