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

Of Congress.
Whether Fort Smelling was useless a. a military
site on the 9th June, 1857 the day of its SALE ID
question Of fact TO be determined alone by those In
whom the constitution and laws have placed the
decision of that question. The occupation or aoan'
donment OF military post, the march OF troops from
one section of the conederacy to another their con-
centration at distribution from particular points
are all incidents of that control over the military
defences Of the country which the constitution mas
vested in the President rs commander-n-ohef OF
the army. Congress is free to raise and support
army not at its pleasure; it may authOrzeregi-
ments when the President does not call for them or
it may disbsnd them when he most desires them;
but when once raised their movements are wholly
subject to his disposition and control So II may APP
proprate money, and authorize the purchase OF
military ste but II the President does not choose TO
30; that the practical decision at all times OF whe
Their any particular post is needed for the public de-
fence must necessarily rest with him who Us the
right to distribute and station troops at
But his decision that site no longer useful for the
public defence does not thereby involve the authority
TO make sale of it, The public property Of the United
States is vested in Congress. and the authority to
make sale of any portion OF II can only be derived
from Congress. When therefore, a law is passed
comforting upon the executive the power ofselng use
less military sites he is, union ofhis constitutional
clothed with full authority the subject From the
constitution he derives his authority to decide whether
it is useless or mott from Congress he derives his
power to sell II deemed useless But If this power
was not tuub OeOuClDlc tue
function of the President as commanderin chief
it is clearly conferred by the acts of 1919 and 1857
power vested by law in An executive agent OF the
government, to sell or to do any other act upon the
happening of stated contingency, unless other.
wise restrained makes him necessarily the sole and
exclusive judge of the event upon which his authO
rity to act becomes operative, How otherwise is
present law, could determine the proper period of
sale but the President OF the United States? From
what other department of the government is he to
seek for counsel or information? Is it from the ju
dietary or is it from Congressl Is the validity of
solemn official act of the highest functonaries of
the government to be determined by the opinions
which few witnesses, constituting no part OF the
piety of that act? The power of the President and
Secretary of War to make these sales is under the
existing laws, absolute and unconditional. The
title of the purchaser is perfected through
opinions of others. They have exercised their
judgment, and the case is closed. It is judgment
in rem from which there is no appeal. The reason
ing of the majority is at war with the clearly estab
lished principles Of our government. 1t would over
turn every SALE and render insecure every right Of
property acquired through any of the executive
agents OF the government.
But there is necessity in the present of in
voking the aid of any such construction of law to
screen from inquiry the late act of the Secretary of
War. Suppose this subject had not already been
disposed Of by competent authority; that the Presi
dent and Secretary of War had not already author
lied and ratified this sale; that the purchase money,
80 far as due by the contract had not already been
paid, and possession of the property delivered, and
cison, shall proceed to show that the weight of
authority and the force OF reasoning contained in
the accompanying evidence sustain the expediency
of the sale of the Fort Saeling reservation.
II is shown conclusivey by General Scott,
General Smith, General Jesup, and by every
military officer, without exception who has appear
ed before the committee, az also by public facts
known to the committee, and to every intelligent
I'M m the cOunfry that aince the eYtiuOushmpnt of
the Indian title and the removal of the native tribes
from that vicinity in 1851 Fort Smelling has become
an interior post and useless for any of the purposes
Of defence. Upon this point there is not contra
dictory opinion the evidence or if 30, none worthy
of notice.
But another idea has been suggested in refer
ence to the purposes for which Fort Smelling might
still be used since il has become useless for those of
defence and that il, as convenient point TO keep
up q government establishment of officers. employees,
horses mules, &c, to furnish to the two frontier
posts, which, since the removal Of the Indians have
been established on the Minnesota and Mississippi
rivers, their provisions and supplies II is upon this
asserted benefit Of Fort Smelling TO the government,
that there has been any diversity Of opinion amongst
the witnesses who have appeared before the COM
mittee.
In support of this idea of retaining Fort Smelling
as depot Of supplies, Colonel Lorenzo Thomas, an
assistant adutant general OF the army, Major j. g.
Martin, an assistant quartermaster, who was sta
toned at Fort Smelling at the time OF sale and Capt
Thom. have expressed very clear and decided
.
idea but with 80 many notifications a. TO time and
policy as To make their opinions, deservedy high as
they upon all military questions Of no particular
weight in the present controversy The views OF
Gen. Churchill and Captain Simpson are little
supported by any information on the subject rs to
deprive them of any influence whatsoever upon our
Judgments These are all the officers OF the army
who have favored with their professional opinions
in support Of that policy. The Hon. Stephen A.
| Douglas and Adam ID. Stuart concur In the same
view. II may be here stated that In the opinion Of
all these witnesses II would be expedent TO retain,
for the purposes of such military depot. merely the
! public buildings and small portion Of the land.
In opposition TO these views, General Persifer +.
| Smith, then commanding the western military de.
partment In which Fort Smelling SITUATED; Colonel
Francis Lee, at this time and since the transfer of
General Smith TO Utah, commanding in that depart.
ment; Major Eastman, Captain Todd, Captain j. A.
| Whithall Lieutenant Richard c. Drum, officers OF
the army; and Hon. Charles Il. Stuart Senator from
Michigan; Hon. H. NJ. Rice. Senator elect from Min
nesota; and Hon. VIM. X. Heskell one OF the COM
missioners OF sale, all express most decided opinions
that Fort Smelling had ceased TO be useful fer any
military purpose whatever.
Some OF these witnesses have assigned reasons for
| their opinion, marked by much intelligence and
knowledge Of the subject upon which they have
testified that shall Incorporate portion of their
evidence in this report and adopt their views as the
conclusions Of our own minds
General Persfer +. Smith says
As point Of defence the value Of Fort Smelling has
urely gone is within the frontier Ass point Of depot,
in great measure it's value has gone too think myself
entirely sone because great many supplies bs got
further towards the frontier than Fort Smelling itself
the country seued up the Minnesota from hundred 10
hundred and fty miles and there scattering settle
ments up the Mississippi about a hundred miles. The
value Of depot lies In one or two things one whether
In the centre OF large producing region In which you
could collect whatever you might wish FER supplies, In
order 10 distribute them through the country; another,
would be depot the line OF transportation where
irving nj the point which the routes Of transportation
separate you have transhpments make IN either
you want spot In which you could deposit your stores,
either In their collection or preparatory TO Distribution IN
order 10 spread them the country intend 10
ply Fort Smelling years ago most valuable "a
point OF defence II well situated aud the frontiers
behind H. II would arrest the enemy, an enemy
would 10 the frontier and leave force In their rear
a thing which the uncivlized nations dislike 10 do
But n depot OF great value, because there
not other points Of defence beyond H. II de
pot only for ts particular service, AMI not OF the
country Immediately around H. Nov, there posts up
the Mississippi above, and up the St Peters and those