Mr. HENDERSON. Certainlynot. I think theSenator is correct in that; but if he will examine the bill be will see that it provides for passing over S tes and Territories and Indian territories. Yow, clearly we have the right, and in some of these Indian treaties we have reserved the right, as the Senfrom Kansas has shown, to build these railroads by treaty stipulations. There is another portion of it, which is independent of the Indian right, belonging to the 'U.S.; and another portion of it is in the State of Kansas. Now, we cannot say, and it is unnecessary, I think, to say, so far as this road passes through the State of Kansas, that the land condemne shall be condemned according to the laws of Kansas. That would be implied in the bill. It is unnecessary to say that, so far as this bill applies to the territory belonging to the U.S., and through which we have the right to ass, in all that portion it shall be condemned in some other way, or the right of way shall be granted, and in the Indian country damages paid for the right of way. The Senator will l I see that the latter clause of the last section of this bill provides that “the right of wav, when not otherwise ranted in this bill, shall be obtained by said ansas and Neosho Valley Railroad company, or either of the other companies namet in thi gract, in accordance with the provisions of section 3 of an act to amend an not entitled ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river.’ ” Wherever this bill does not grant the right of way, and cannot grant the right of way, then the right of way is to be condemned, the senator will see. It cannot grant the right of way in Kansas that is utterly impossible except over the public lands. Where it is necessary to condemn the lands, they will have to be condemiied according to Kansas laws. Now, when we get into the Indian Territory, whenever we come to the Cherokee lands, if they build the road at all, they must pay the Indians the dam ages, and the damages must be assessed according to the laws of the Pacific railroad corporation. But if the Senator’s intimation be true that we cannot build across the Cherokee country withoutan act of the Legislature granted by the Cherokees, then of course the company would be debarred entirely; but that does not interfere with this bill, because the bill itself provides for building over all sorts of Territo ries of the U.S. I cannot see that the bill could be changed so as to make it better adapted to the different sorts of country over which the line of road has to pass. It is utterly impossible. The Senfrom Indiana presented several objections to the bill. In the 1st place, he said that Kansas had had land enough. Well sir, Kansas, I suppose, has had a good deal of land. If you were to ask my 0 inion about this thing, I would say that our NewEngland friends have sat by and suffered these lands in the West to be squandered for many years unnecessarily. Since I have been a member of the Senate, I have never asked the Senate to pass one of these railroad bills. I do not ask the Senate to pass this, except at the or cut solicitation of several of my constituents from the western part of my State and the member who represents the Kansas City district. The people there are very anxious to have the privilege of building this road. I never have son in favor of this wholesale granting of the public lands. I believe that in 9 cases out of ten, certainly in 1/2 the cases, our eastern friends, in their muuificence; giving away the lands to the western people, have merelygiven them to companies who have used them, perhaps, for their own benefit, instead of bailing the roads as they ought to have done. That is the experience in my own State. The other day I spoke of our experience in the southeastern art of the State with the Cairo and Fulton pRailroad Company. They not only got all our lands, but they got a large quantity of money from the State, which was not benefited by it. We did not get the railroad built, and have not got anything in return. As the Senfrom Iowa. [ML Gnmss] suggests to me, our eastern friends come out and get the use and benefit ofhhe lands. They agree to build the roads, and ct possession of the lands, and then go olf an fai to build the roads. I do not know but they get benefited about as much as we do in it; but I always blamed this mnniticence of the eastern men in making these land grants without knowing exactly how the appropriations are to be made, or whether the roads are to be built or not.