Mr. HENDERSON. The Senator says, in consequence of the fact' that the Cherokee lands were granted by atont, that therefore he cannot see the right, if I understand him, of Congress to pass a bill incorporating a compuny to build a road over their lands. I ask im if it is his opinion, as a lawyer, that we are debarred in consequence merely of a patent having been granted to the lands from the right of building a railroad over their country. The Senator knows perfectly well that upon the line of the Pacific railroad, from the missouri to the Pacific, there are dozens and doz provides for a road that, l ll l ens of tribes over whose lands the Government will have to construct the road. possible that we are debarred the privilege of building the road merely because we have heretofore granted the lands, or even if we have patented the lands to the Indians? I do not see that their title is superior to a title granted by treaty, whether there was a patent or not. The'Senator will remember t iat in my own State, when settling the original Spain ish grants at an early day, some of them were patented and some never held any title except the title they got by act of Congress. Our supreme court decided and it was brought to the SCOTUS and there affirmed that the title by not of congress was just as good and just as valid as a patent, as the act provided that a patent should e issued; that the act itself was sufficient evidence of a title. If it be true that we are debarred from building a road across the Cherokee lands, even though we grant to the Cherokees damages for the right of way, we are in a ver bad fix indeed. That would debar us from huildinga road to NewMexico, a thing long in contemplation, and in facta bill for which was passed at this session. My colleague had charge of it in the Senate, and it passed here and went to the other House, an was passed there, and has been signed by the President. It provides for constructing a road from Sprin field, in Missouri, the terminus of the southwestern branch in Missouri, to Santa Fe. It passesever the Cherokee country, and the bil provides for the right of way; and if the Senator’s position is correct, that their lands were at ented and we have no right to grant the right of way without compensation, it only amounts to this: that under the last section of this bill, the one which we are now considering, this railroad company will have to pay damages to the Cherokees, because this bill cannot over ride the solemn treaty with the Cherokees and does not affect their rights. The Senator may rest assured that this bill will in no particular whatever affect the rights of the Cherokees nor any other tribe of Iii ians where we have not the absolute right reserved by treaty regulations With them to pass over their lands. fem sure of that. As approposition oflaw, it is perfectly clear. If we have patented these lands, and have not reserved the right to build railroads over them without compensation in the way of damages, of course we shall have to pay damages, and no company can go over them Now, is it, ll l l without payin them. The Senator did not exactly say it. but I say it is a fair assumption from his argument, an if his position be true, that because we have patented the lands instead of merely giving evidence of title through the instrumentality of a treaty, therefore we cannot build a railroad across their lands at all, we are in a very sad case. I do not know how many Indian tribes we have patented the lands to; perhaps the Cherokees and others.