The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-11
NEW YORK HERALD TUESDAY, MAY H. l8ss-TRIPLR sHREr

States. The power is full, absolute and uncond
tional; and, when exercised perfect title Is trans
mitted from the government TO the purchaser Cases
may possibly hereafter arise of fraud upon the 60
yernment sufficient to justify the judicial tribunals of
the country in annung the sale; but it Is difficult
to imagine possible contingency in which the legs
lative department of the government can with any
constitutional propriety interfere with rights derived
under such contract
FORT SMELLING.
Shortly after the acquisition OF Louisiana, and
during the administration OF MIR. Jefferson, the at
tention Of the War Department was directed to the
establishment Of several military sites on the Mssis
sippi river. In pursuance OF this object Lieutenant
afterwards GENERALLY Pike was detailed by General
Wilkinson to make the necessary explorations and
purchases from the Indians then occupying that
country. On the 23d Of September. 1905. he ell
fected treaty with the Sioux by which they relin.
pushed to the United States, for military purposes,
the land at the confluence Of the Mississippi and the
St. Peters, since called the Minnesota river, COM
mencing below the junction of those rivers. and ex-
tending nine miles on each side of the Mississippi:
and including the Falls of st. Anthony. (See "a
volume Of executive journal OF the Senate pages rs.
n and SO) Notwithstanding this early indication
of e p1SS ss military
a much later period In the fall of 1918 Mr.
Calhoun, then Secretary OF War, decided to
take the necessary steps to secure to our
and to keep in check the numerous and
powerful tribes of Sioux and Chippewas which in
habited that section of our country and who were
already beginning to give indications of hostile feel
ing TO the advancing white settlements. Accord
ingly, in the spring of 1919, Colonel. afterwards
General Leavenworth, was sent with the Fifth regi
ment Of infantry to occupy the site at the confluence
of the Mississippi and st. Peters rivers. where be
placed his command in huts and constructed stock
ade defences. Col. Smelling having succeeded him
in command, erected works Of more permanent
character, which, when completed, were then and
have since been called by his name.
From that period Fort Smelling continued mill
tary post of some importance until 1851, when. by
the well known treaties of Traverse des Sioux and
Mendoza, the Indian title extinguished to that
immense body of land west OF the Mississippi river,
extending over four degrees of latitude and five of
longitude, and covering superficial area Of forty
five thousand square miles, AS consequence of
this purchase the Indians removed to smaller
reservations in the northern and western portions
of that Territory Prior to the ratification of those
treaties there were but five organized counties in
Minnesota; now there upwards of forty counties
and this growing republic is now asking admission
one of the States of this confederacy claiming to
have population Of near 800. 900, and claiming to
be entitled to three members of the House OF Repre-
sentatives. Almost the whole Of this hardy and en-
terprising population is north and west OF Fort Smell
ling, between that and the Indian population. Since
the treaty of 1851 Fort Smelling has become utterly
useless as post of defence, whilst, as a substitute
to accomplish the purposes for which it had been so
many years used Fort Ripley was established, about
100 miles north of it, on the Mississippi and Fort
Ridgely, 1870 miles west of it. on the Minnesota.
No sooner did the torrent OF emigration begin to
flow into Minnesota invited by the extinction of the
Indian title and stimulated by the liberal policy of
the government, authorizing settlements and pre-
emption rights, even in advance of any survey made
by government, when the public mind, impressed
with the further inutility Of Fort Smelling a mill
tary post invoked the legislation of Congress to re-
duce the bounds Of that reservation, and to bring
the largest portion of II into market,
The Fort Smelling reservation, as held by the gov
n "a
tween thirty and thirty four thousand acres Of
land.
By an act of Congress passed on the 26th Of Au-
gust, 1852 the reserve was reduced in quantity and
its new boundaries defined. Twentysix thousand
and twenty three acres were severed from it, which
the Commissioner Of the General Land Office was
required to have surveyed and sold at public auc-
ton, under the direction Of the President OF the
United States. The portion thus cut of embraced
some government buildings, worth IS 900; the mag
nfcent water power Of st. Anthony's FILLS; the
sites Of the cities of Mendoza and Minneapolis, and
soil for agricultural beauty and productiveness not
surpassed by any in the Northwest.
A sale Of portion Of the land thus separated
from that resrve to wit five thousand three hun bred
and sixtytwo acres lying In what Is called the Still
water district, was made on the 18th day OF Sep.
TENDER, 1854, at public auction, after having been
advertised for six months in all the leading papers
of the Northwest and brought 81 Is per acre; not
single acre having been sold for one cent more than
the minimum price of public lands. (See Appen-
dix, pages IS, SO and 37.)
The residue of it, twenty thousand six hundred
and sixtyone acres was sold in 1855; not one acre
having been disposed OF at higher price than 81 Is
per acre. (See Appendix, pages % to 34o Some
Of this land has since sold for six and even ten thou
sand dollars an acre and yet have beard no COM
plant of the inadequacy Of the price received by the
government, although 1t was sold but for 81 Is an
acre, and although some Of those who have been
Smelling sale were among the largest benefciaries of
this liberal policy OF the government.
There then remained Of the original reservation
about thoasand five hundred acres situated ut
the confluence Of the Mississippi and Minnesota RI
vers, upon which stood the barracks, hospital, Off
GERS quarters and other buildings erected by the GO
vernment. These buildings had been erected some
thirty years before, were put up in rude and imper
feet manner. some Of them were in state OF dilap
dalton and decay, and II held by the government
would have continued an annual burden upon the
treasury for repairs.
The majority Of the committee in their report pre-
sent with great prominence the fact that in April,
1856, upon an application being made 10 Secretary
Davis for the purchase of the Fort Smelling re-
serve, he declined 10 entertain the PROPOSE
ton, upon the ground that II was "still needed
opinion and decision of that eminent states
man with the course pursued by the present
Secretary Of War in the disposal of the same pro
perry in less than eighteen months thereafter. For
the opinion Of General Davis upon all civil as well
respect and Difference; but he has not furnished
with the grounds upon which he based his military
Judgment in the particular case alluded to. II Is
more than probable that he was influenced in that
decision by the views which he so ably presented in
his annual report OF the same year in which he
sought to impress upon Congress the necessity
Of radical change In our present poll
cy Of locating posts in advance Of set
Elements and of distributing troops in small de-
tachments at numerous posts, and the expedency Of
concentrating them In large numbers at few points,
from whence detachments az a favorable season Of
the year might be sent out into the Indian country
Had Congress adopted bis suggestions, there would
have been 80 clear and obvious propriety in his
conclusions as TO the retention Of Fort Smelling that
one succeeding 10 the administration of that de
partment would have been likely 20 have departed
from IL. But Congress declined then, and has de-
cned since, TO change the present policy which has
become sanctioned by various acts Of legislation, and
by the concurrent views Of several preceding admin.
istratons The present Secretary acted, as will here
after be more fully shown, upon military policy
such as be found established when he succeeded 70
the War Department, and which had received the