The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-07-29
20
T Continued from first page. I

of Fort Smelling, and so much of the reserya
ton attached to 1t as was necessary for miitar,
purposes, made on the 9Th day of June, 1851
under the authority of the Secretary of War
the same being then and now retained unde
the authority of that Department, because ne
cessary for military purposes, was without au
thority of law.
?. That said sale was made by the Secretary
Of War notwithstanding his knowledge of the
official opinions of his predecessor the Hon
Jefferson Davis, and of other officers in supe-
rior military command, to the contrary, without
consulting with, without the advice, and with
out the knowledge of any officer in the service
of any rank, leaving the question of the reten-
ton Of that post to the discretion OF the COM
missioners appointed to make the sale, and that
this action on the part of the Secretary OF War
was a grave official fault
az That with knowledge of the great value
of the Fort Smelling post and reservation, and
the Importance of great caution and Judgment
in making the sale, the Secretary of War ap-
pointed as agents for the purpose, unqualified,
inexperienced, and incompetent men.
~ That provision for and management of the
sale were negligently, carelessly, and injudi-
ciously made, as to induce a successful combi-
nation against the Government, exclude all
competition and bring loss on the Government.
as. That John C. Mather, agent of the Depart
ment of War for the examination and sale of
the Fort Ripley reservation, after having already
Joined a combination for the purchase of the
Fort Smelling reservation, acted, in making such
purchase, in violation of his official duty, and
against the known policy of the Government,
and that, as TO him and Richard Schell, repre-
scented by him as agent, and Steele and Ora
ham, who were complicated in the sale with
him, with full knowledge of this official char
scter, the sale of the Fort Smelling reservation
was at the time and is now void"
I Il a. IL.
resolution proposed to be substituted by the
minority.
The Clerk read, as follows:
" ResOlUed That the recent sale Of the military
reservation at Fort Smelling having been made
by the Secretary of War, under the direction of
the President of the United States, in strict con-
formity to law, and the evidence reported by
the select committee having failed to exhibit
any fact or circumstance tending, in the slight
est degree, to impeach the fairness of the sale,
or the integrity of any of the officers or agents
Of the Government concerned in the same, or
TO exhibit any fact or circumstance which should
make the said sale proper subject for the
opinion and action of this House, it is ordered
that the committee be discharged from the
further consideration of the subject; and that
the report of the said committee be laid upon
the table"
Mr.. FAULKNER. will say to the gentleman,
of the minority has not been offered. | submit
ted two resolutions this morning
Mr.. PETIT. | did not know that till now.
Let the resolutions submitted by the gentleman
from Virginia be read.
The Clerk read the resolutions, as follows
" Res6loed, That the evidence reported by the
select committee has failed to exhibit any fact
or circumstance, in connection with the recent
sale of the military reservation of Fort Smelling
which in any degree impeaches the personal or
official integrity of the Secretary of War
" ResOlUed, That all the other questions con-
nected with said sale and suggested by the tes-
timOny, being matters of executive discretion,
are subjects alone proper for judicial inquiry
Z and redress, and not falling within the appro-
pirate Jurisdiction of this House; and it is or
dered that the committee be discharged from
the further consideration of the subject, and
Z that the report of the committee be laid upon
. the table"
Mr.. PETIT. Mr.. Speaker, it was argued yes
terday, by the various gentlemen who have de-
Tended the sale Of the military reservation at Fort
Smelling, that the majority of the committee had
made a grave impeachment of the integrity of
the Secretary of War. 1t will be observed that
this has been delicately and studiously avoided
The resolution has no such meaning. Whatever
the committee has clearly inferred has been ex-
pressed in its resolutions | have called the at
tention of the House to the very language of the
resolutions, for the purpose of obviating that
unkind conclusion. 1t will be seen that the COM
mittee has said the following things, and no
more. First, that, under the circumstances, the
sale was without authority of law. Second, that
the Secretary of War directed it to be made not
withstanding his knowledge of the official opin-
ion of his predecessor and of officers in superior
military command, to the contrary, without con-
sulting with them; without their advice, and
without their knowledge; leaving the whole
question TO the commissioners appointed to make
the sale and that this action was grave official
fault. Third, that with knowledge of the value
of the reservation, and the importance of great
caution and Judgment, the Secretary of War APP
pointed unqualified, inexperienced, and incompe-
tent agents. Fourth, that the sale was conduct
ed so negligently and injudicionsly as to induce
a successful combination, exclude competition,
and bring loss the Government. Last, that
the completely of the purchasers was a legal
fraud, and made the sale nugatory.
This is all that has been submitted by the COM
mittee as proper matter for the examination and
judgment of the House. 1t imputes fraud against
the purchasers at the sale, and there it stops
The resolution proposed by the minority vindi-
Gates the sale, says that il was in strict con-
formity TO law, vindcates the integrity of the
officers and agents of the Government concerned
in it, and denies that any fact or circumstance
in connection with it is proper subject for the
opinion and action OF the House. This is a wide
difference. The majority finds the act of making
the sale unlawful, careless, and injudcious and
its conclusion a fraud. The minority thinks
better of it. The officers and agents in connec-
ton with il are blameless in integrity The sale
fair, and the facts and circumstances of sell
ing an important public defence and public
property which could at once have been sold for
three or four hundred thousand dollars, for one
fourth the sum- in bulk to a close political family
frff1 h. g.
tice How very quietly this vexed difference is
disposed of in the resolution proposed by the
gentleman from Virginia.
lie deals with his colleagues composing the
majority of the committee, just as easily, and
chastises them for their difference of Judgment
The report of the minority says:
They felt no dissatisfaction at the fact that
majority of the committee with whom they
were called upon TO act were politically arrayed
against the leading policy of the Government,
and might, in addition to their sense of public
duty, feel stimulated by the rare qualification
Of discerning something worthy OF condemna-
ton in the official conduct of an Administration
to which they were opposed"
The gentleman from Virginia has acquitted
everybody connected with the sale of Fort Smell
ling, and is sitting on trial of his colleagues OF
the committee. They only a majority ar
rayed against the leading policy of the Govern
ment But the gentleman from Virginia mag
unanimously feels no dissatisfaction on account
of IT, The gentleman from Virginia sees the
committee stimulated to a rare qualification,
which he has described, but yet he feels no dis
satisfaction. The unreasonable majority pro-
poses to discern something TO be condemned in
the official condlct of the Administration to
which it is opposed; but yet he is unmoved, and
expresses in his report an entire contentment Of
mind This language intends to say that the
committee has been actuated by improper
naleyolence to the official conduct of the Admin