The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-05-14
THE CALIFORNIA FORT SUGGESTIONS TO CON
0REBS

relating to the pending negotiations for the pur
chase by tho federal government of site for
ssaboard fort Vt Lime Point California, referred 10
the Military Committee of the Senate for inquiry AZ
70 what. If any, steps ought 70 bs taken by that
body in regard to tbs negotiation Congress, at its
last session made appropriation Of $500, 900 for
this fort. Negotiations in due Of time
entered into by the agents Of the government with
the owner Of the property for the purchase of tho
site Of the proposed fort 1t is said that fort at
this point is necessary to the defence of the bay and
waters of San Francisco, and that the fort must OF
necessity be located Lime Point, il built at all
Lime Point commands the Golden Gate. The land is
said to DO Of little value for agricultural purposes,
and not to be worth much for any purpose except
the location Of fort For this purpose it is worth
Just what tho government may consider its import
ance may be to the defence Of San Francisco, Sacra
mento and the towns bordering tho waters of the
bay which may be millions or thousands, according
TO the magnitude Of tho interests il would protect
ia the event of a war with a maritime power.
The owner Of the property, seeing. the advantage
he holds, refuses to sell it for less than 100000.
Long and fruitless attempts to reduce him to email
or sum have failed In these fruitess efforts and
negotiations nearly ayear has been spent and final
ly the district attorney of the United States in
California, concluding that the property could not
be obtained for smaller amount of money, has
contracted with the owner, for the sum he insist
cd upon receiving. The contract is Of course sub
ject to the approval of tho War Department and
of the President, and in neither case has the
approval been given; although expectation
is entertained by tho War Department that the prop
erty can be obtained at lower price. At this
stage of the negotiations occurs the proceeding of
Mr.. Frederick in the Senate
The policy Of Congress in the premises Is very
simple one As the law now stands, the Executive
is directed by Congress to purchase this site at
Lime Point (of for the lowest price at which
it can be obtained and to commence there the
sructon Of fort, which it is said will make the bay
impregnabe as Gibraltar. So long as this law re-
mains in force this dnty is imperative upon the Exec
utive. As to the price of the Site they have no
power to condemn and seize the land. They eall-
not get it at what they may think it worth among
private bidders in the market for other purposes
than fertilization. If they had the power to CON
denim it under writ Of ad quod damnum, which they
have not, if is doubtful whether jury would est
mate its value by what it would be worth to indi-
viduals for private purposes in the market, or by
what it is worth to the government fertilization
for the defence Of millions Of property the bay
It is not clear say that jury would fix its value
according to what it wonld be worth for ordinary
purposes to individuals according to what it is
worth for the important purpose Of defence to the
government. The government have no power to
condemn; they can only get the property by con-
tract and the assent of two parties 10 necessary to
the contract of which two parties the of the
property who refuses to sell for less than 100000
is one. .tegasts
This is and must continue to be the state of the
long the law directing the government to erect
fort at the point question stands upon the statute
book The duty of the administration is imperative;
and although the Secretary Of War may be ever so
to giving the price for the property which is
demanded by the owner, land that he is to it
his long delay in making the purchase sufficiently
provost yet if the law remains in force, he will be
obliged to make the purchase at the price demanded
In view of this condition Of things, the course Of
Congress is very obvious 1t is, if they disapprove
of the price demanded to repeal the law which made
the appropriation for the fort and directed it's
struction. Such action the part Of Congress will
be perfectly agreeable to the administration and
highly gratifying to the Secretary of War. He is
averse 10 giving the price, and would be very
content to be relieved of the duty of making the
purchase, especially now that it has become appa-
rent from the Of their senator that the people
of California are hostile to the purchase. asst
While on this subject, will make ono or two
general remarks. There is a law of Congress for
bidding the purchase of real estate by the Executive
except by special authority after express APP
preparation by Congress II is good and conserva,
tive law, and ought not to be repealed. But yet in
respect to sites for seaboad forts operates greatly
to the prejudice of tho government. Seaboard forts
require to be located at precise and fixed spots, and
cannot be located elsewhere. When the Executive
is authorized to purchase the site for fort in any
locality the precise spot absolutely required for the
purpose is Immediately known to enterprsing specu
lators. The passage of the law is matter of public
record and public notorcty and interested indvid-
uas of the fact at the instant have 1t in their
power to get hold Of the proposed site and extort
their own price from the government. The gov
ernment has no liberty Of selection between differ
ent sites, and there is no competition between
sellers. The government is completely in the
mower of the holder of the proper a;te who hoe