The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-11


Ject, and lts conclusions based upon the least
reliable evidence in the record Scarcely allusion is
made IN their report to that great body of testimony
which overthrows every condemnatory position
which has assumed This Of the majority has
thrown upon us the necessity Of full and elaborate
review Of the whole case. Both reports will he be
fore the country and prepared to stand upon
the fairness Of our statement Of facts and the sound
meas Of our conclusions, as drawn from these Facts
II no other benefit shall be derived from the large
expenditure of puslic money caused by TINS invest
cation, il may at least present salutary admon
ton to the American people to guard their minds
against that spirit Of calumny and detraction which
is ever ready to sscribe the worst motive aud the
worst conduct to political oppo nent, and to pause
before they permit their impressions OF a public
funconary to be controlled by the shrieks of disap
pointed spectators, when the very offence so loudly
charged may have been firm. faithful and
ful effort to defeat illegal combinations and to pro-
tect the public interests from 81 crifce.
Before proceeding to present an analysis Of the
evidence embodied in this report some preliminary
the subject embraced in this inquiry.
MILITARY RssERv ATOMS.
Reservations are portions of land severed from
the mass OF the public domain and appropriated
by Law to some specific public use. These public
uses are various. Those designed "a sites for the
construction of forts, arsenals and armories with
the grounds appurtenant thereto for the supply Of
water, fuel forage &C.. termed military reserva
tions
In general the decision as to the quantity of land
to be reserved for such public use: and the places
where TO be located rest in the discretion of the
President, subject to such regulations as Congress
may, from time to time, prescribe.
When land is thus appropriated 1t is withdrawn
from the control and supervision OF the General
Land Office. No power exists in that department to
make sale of it, No right exists in State even, in
whose jurisdiction it lies, to condemn it for public
purposes, making just compensation for the same.
1t is not subject to entry nor to the right of pre-
empton. No title. in opposition to the government
can be acquired in it, and every person. whether
citizen OF stranger, who without permission enters
ar he anfG atf aut afiop
Is trespasser, and may be removed by the judicial,
and. If need be- by the military force Of the govern
ment.
The United States has its military sites in every
section of the confederacy in the old States well
as in the new. But those large military reserva-
tions which occasionally appear 80 conspicuousy in
our legislative history have usually been parceed
out from the public domain at some point beyond
upon the verge Of frontier settlements where
posts are erected and troops stationed for the pro-
lection of the early settlers against the aggressions
of their savage neighbors. The rapid flow of our
population, (which, like the Pontc sea, knows
ebb; the extinction of the Indian title the retreat
of the native tribes still further into the great GEN.
trail wilderness soon changes the character of these
sites from frontier to interior posts surrounded by
thrifty and numerous agricultural people and useless
for all the purposes for which they originally
established. They are consequently abandoned, and
new posts planted on the ever changing boundaries
of western civilization. A sketch of the establish
ment and removal of our military posts would pre-
sent accurate history of the progress of popula
Rocky Mountains
Notwithstanding the cessation of the purposes for
which these tracts Of land were set apart and even
their abandonment for all military purposes by the
government, yet having been appropriated for a
specific object by law no authority short Of Congress
could restore them to a condition to pass into the
mass OF the private property Of the country. To pro.
vide q remedy for this inconvenience law was
passed by Congress the Sd day of March, 1919,
and which may be seen by reference to third volume
Statutes at Large, page $40. 1t provides
skss ~ If Uv~- -.
authorized, urder the direction Of the$f Of
United States TO cause TO be sold such military
iorgiug 10 the United States may have been found
become useless for military purposes
The authority TO sell, under the language of this
act was construed by the President, with the advice
Of the Attorney General, to extend only to such
military sites as belonged to the United States at
the date of the law, and comforting no authority
TO sell such as appropriated and reserved since
its date. In consequence OF this want of authority
many sites that might, with great advantage to
the country, have been sold and opened to cul.
tivaton and improvement, continued TO be held
by the government, subjectng Congress to i'm
Fortunate applications for the passage of spe-
Cal acts for the sale of particular reservation
sought TO be brought into market In all these eff
fotts at special legislation struggle naturally en-
sued between those who represented the local int.
rests Of the Territory and those who represented the
interests Of the treasurythe object Of the first being
to bring the reserves under the operation of the
general land system, which would subject them TO
preemption and public sale, and secure its disposal
at the minimum price of one dollar and a quarter
per acre; whilst the more special friends OF the pub
lie treasury denying the Just application of the pre-
emptFe principle to such locations, contending that
their value far exceeded the wild and frontier lands
and that this special value has been impaired to
them by the expenditures Of the government and the
protection gwen TO the settlers around them, main
tanned that they should be sold in such manner at
public or private sale, would best secure fair
price for them and best indemnify the government
for the money expended upon them. II il needless
TO say that In all these acts Of special legislation the
int d w ms In vi IN no
opportunities OF the local application.
In November, 1854. General Jesup, Quartermaster-
General thus calls the attention of the Secretary of
War to this subject
In connection with this subject may be proper 70 re-
msrk that there mauy sites longer necessary
military purposes which have become very valuable
consequence Of the expenditures OF the
the profession given 20 settlers In their neighborhood
which sold for their fall value, would supply fund
sufficient, or nearly so for all new frontier improvements
Toe Secretary Of War probably now authority 70 sell
tbese sites but whether not modihc Of
sw for their sale, so as W authorize the fixing mini
something ike their value below which no
sale thAl take effect be considered legal, required
for the protection Of the public interests The
Al Fort Howard Fort Smelling Fort Crawford and Rock
lssnd, should not be made mill AIRY depot, II sold for
ANYTHING Ike their value, would bring into the treasury
than a million Of dollars. Without s,ch q modaca.
too Of the law there great danger should these valua
bic lands be offered for sale TIA, unprncped and swcss
spectators will combine, and by threats OF violence, in
tnidste honest ana pesceeble citizens from bidding for
them snc thus secure for themselves and their confede
vernmeni for ~ Wild lands
These suggestions OF General Jesup were made
more than two years after the passage Of the law
reducing the Fort Smelling reserve TO ts present
limits, and il shows that as early as 1854 he con-
templated the sale Of that tract together with the
other military reservations named all Of which Il is
believed, have since been either actually Sold or re-
main in possession OF the government after unsuc
cessful Efforts TO effect their sale
Hon. Jefferson Davis, then Secretary OF War, in his
annual report Of December Ia, 1854, endorses the
suggestions Of General Jesup, and thus recommends
q no ~ 10 aid ar.aftn If
gress:-
have 70 ask attention 70 the necessity for further egs
isfon Tor the sale Of useless military Rites According 70
the construction which has been given the upon
tbs subject and which though lie has been
doubled, must be regarded as settled By practice Of
the department. the act OF March lsla applies only 70
military sites then hell. and that OF Anvil 81 1873 only