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

make sale of 90 much of said as could be dis
posed of with due regard to the public interest.
accompanied by the following letter OF instructions
WAR prrARrxHSr, wAmSGrox, May Is, 1851.
GENrxmES-You hereby requested sad Instructed
70 Wait IN person. the military reservation made BY tbs
The Executive :. Fort sseins the Territory OF Mime
valuable by government improvements Also, whether
there any actual bona fde settlers upeo the
settled with the expectation superfuuced By tho
action OF the government sgenis OF having pre- epon
rahs extended 20 tDem ana wasner uneer tue cr'Tu
hundred and sixty EACH covering tbs
mebts at the government price Of one dollar ADD twenty
Upon the above points you will report 70 this depart
mep socn a. practicable after you have obtained the
desired Information 90 thai you mag receive further To-
You will sell all that part Of the reservation no, in
ciuded in any tract 70 which an actaA seee may have
toe the principal papers in the Northwest or ct priv
SALE in tracts or lots OF forty acres cash. enable
persons Of small means 70 purchase or in whole which
ever, In Jour Judgment, may ba deemed best, but In
neither case at less than 81 80 per acre
You will examine Fort Smelling with rsserenos to ts
being retained Is military depot for the use Of the 60
II you should deem II necessary for such purpose. you
will reserve from sale the buildings and such land you
may consider suitabis-not less than forty acres.
You will not expose 70 sale that part OF the reserve
which extends over graveyard and church belonging TO-
there not exceeding twenty ve acres but allow the
to remain In and under the control OF said
gregasop with the understanding that is not TO be used
or disposed Of for any other purposes Very respectfully
JOHN B. FLOYD, Secretary OF War.
ksior SETH EASTMAN, IT, 8. A., WILLIAM KING HxsKnL,
Esq., Washington.
It may be here remarked that Mr.. Heiskell is
well known citizen of Virginia, farmer by occupa
ton, gentleman of intelligence and high character,
who had been a member Of the General Assembly Of
that State. and was man in whose honesty, integ-
rity and frmness of character Governor Floyd had,
from personal knowledge, the fullest confidence.
1t will be seen from the above instructions, first,
that, in accordance with suggestion contained in
the communication of Gen. Jesup of the l4th of No
vember, 1854, previously referred to- and endorsed
by Secretary Davis in his annual report of the 4th of
December following, minimum was fixed. below
which the land was not to be Sold That minimum
was 81 SO per acre. a price exceeding the highest
sum at which any acre of military reservation had
ever in the history of this government been before
sold out of the limits of a corporate city.
=. Secondly They were required, if upon examine
ton they thought it proper to be retained as mill
tary depot to reserve from sale the buildings and so
much land they might consider suitable not less
than forty acres
Thirdly. They were authorized to sell the land in
forty acre lots at public auction il. in their judg
ment, the public interests would thereby be best
promoted.
Fourthly They were authorized to sell at pubic
or private sale in whole or in part as in their Judg
ment they might deem best, but in no case at less
than 81 so per acre.
Assuming the commissioners to be competent and
honest men, it is difficult to conceive how any in
sructons could have been better devised to protect
the interest Of the government. The commissioners
were closely Intercepted upon the point whether
they had received from the Secretary of War any
private instructions beyond those contained in the
above letter. Major Eastman was at Fort Smelling
at the date Of his appointment and did not see the
Secretary, nor had he any correspondence with him
from that period until after the sale. Mr.. Heiskell
who bore to Major Eastman his appointment, states
that the only further instructions he received were:
do fSa baa< tkA
vernment / want that sale to be the best ever
made in the United States. You will have parcel
Of sharpers to deal with, and you must keep your
eyes OPEN"
sale it appears from the evidence that there
was no communication between the Secretary
of War and the agents appointed by him,
and that the latter, keeping within the limits
discretionary powers vested in them, upon their
own Judgment and responsibility.
After a satisfactory examination Of the property
which was quite familiar TO one Of them, from re-
sidence of nine years at the place, the commission
ers decided that the public service did not require
the retention of any portion Of the reserve for mill
tary uses; that in view OF the experience OF recent
land sales and of the combinations then formed and
forming TO force the sales at the minimum price, IL
was expedient to avoid the hazards of public sale,
and IL possible, TO dispose Of it for its full and fair
value to some responsible purchaser, and finding
in the person Of Franklin Steele q gentleman
who combined all the essentials of a fair.
responsible, and honorable purchaser and having first
estimated the value of the government interest in
that property, they opened correspondence in
writing with him 20 learn IL he desired TO purchase
and what price he was disposed to give for il. Mr..
Steele, in reply, expressed his wish 70 become the
purchaser of the property and offered the gross
sum Of SIS 900 for it, the same which he had prof
fered 10 give in 1856. They informed him that
they had estimated the interest Of the govern
ment in that reserve as fairly worth the sum
Of $50 900; that they would not sell 1t ut private
sale below that sum, and If he would give that
price they would close contract OF sale with him.
He acceded TO their proposition. and the 9Th OF
June the following contract of sale was executed be-
tween the parties:-
Articles Of agreement made and entered into the 9th
United States Army and VIM King Herskeu agent Of the
United states government of the first part Franklin
steele, OF Fort sneog Minnesota Territory OF the second
part 10 whTne party o the rst part have this day sold
10 the party Of the second part ali thai tract Of
land known as the military reservation Of Fort Smelling
twenty GO acres described follows 70 wit commencing
at the southeast OF fraction No ) one
No (s tsen,y eight in township t7s twenty eight, tn
(23) twenty three running north (40 forty rods
thence west fo) eighty rods thence south {ao) forty
rods thence east so eighty rods 10 the place Of
the being reserved for Catholic church and burial
ground where the church and burial ground nov s also
excepting and reservng the northwest quarter Of
(2o) twenty in 70 wpshia t) twenty ega range (La)
twenty three, containing acres the same being re-
served for Protestant graveyard For and In con
sideraton OF the above, the party Of the second
cutors, administrators &C, 10 pay the United States
government. authorized agent aseais the sum OF
ninety thousand dollaIsope third OF said payable
the 10th day Of July rext and the residue 10 NO equal
annual pay menis thereafter The said of land
servsou contains about seven tho isand Posses
OF the said lands and improvements 10 be given
the Secretary Of War dispense with II for
military purposes, and deed given when The Arss pay
Aforesaid is made and satisfactory security for tue
deferred payments given and approved by the secretary
Of War, or agents appointed for thai purpose
Az witness our hands and seals the day and above
written.
SETH EASTMAN, Major q. S. A., Agent, fseal1
wk. KING HEsKEII., Agent, sc ISea
FRANKLIN STEELE. seal
The report Of the commissioner embracing the
contract OF sale delivered 10 the Secretary of
War on the 18th OF June, and on the same day sub
mitted TO the President Of the United States, and.
having received the assent Of the President was for
mally approved by the Secretary Of War on the "a
Of July. In the same month the first payment Of
$4,000 was made by the purchaser, and an order
given TO the commanding officer at the post 20 de.
liver immediate possession Of the military reserya-