The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-11
THE SALE OF FORT SMELLING,
Report, Submitted by Mr. Faulkner, of Virginia ,
in the House Of Representatives, April q,
1858, from the Select Committee.

The undersigned, minority Of the select commit.
tee charged with the duty OF investigating ali the
facts and circumstances connected with the sale OF
the military reservation at Fort Smelling the man
ner in which said sale was made To whom made tho
consideration paid, the terms OF payment whether
the price paid or agreed to be paid was adequate
not and whether the said reserve at the time OF SALT
was no longer wanted for the public service" have,
according to order, had the same under considera-
tion and dissenting az they most decidedly do from
the conclusions of the majority, respectfully submit
the following their report IN the case:-
The undersigned entered npon tho discharge OF
the duty imposed upon them by the House with no
impressions uniavorabe To the transaction which
made the subject of this investigation, and yet,
with fixed determination to exhibit 10 public rep
rotation every act motive OF action within the
scope OF their inquiry, which might be found
worthy OF just condemnation. They We're, indeed,
aware of the camor and dennnCiatiOn which had
followed the execution of the contract Of sale, dariag
the past summer and fall, and OF the harsh imputa
tiOus which we're then cast upon the Secretary OF
War, but il required but little discernment To detect
in this concentrated bitterness OF the opposition
press the rawlings Of the disappointed specuator and
the frantic eXaggeratons of the political partisan
Knowing that the sale of a military reservation
could only be conducted by the secretary OF War,
under the direction of the President OF the United
States aided by the advice of his cabinet that all
the facts and circumstances connected with such
sale could at any mosneBt he brought under the
scrutiny of the public Judgment; and that sufficient
motive would ut all times exist for exposure, II there
was anything improper IN II, ordinary probability
would alone have cast discredt upon most OF the
absurd ualumnies which 10 freely found currency In
prostituted press. Still, there il ut ali times
possibility that corruption may creep into the opera
lions of government aud it il the duty OF every
good citizen to guard against the abuses incident to
the distribution OF patronage, and to repel with un-
ceasing vigilance every tendency to favortsm and
corruption, the undersigned enter ed upon the task I'M
| posed upon them with purpose distinctly an
nounced, OF exposing whatever had the slightest
faint Of official impurty in the transaction referred
to their examination They felt no dissatisfaction at
the fact that majority Of the cowaittee with whom
they called upon to act politically array
ed against the leading policy OF the government
and might in addition TO their Of public duty.
feel stimulated by the qualification OF Discerning
something worthy of condemnation in the official
conduct of administration TO which they
opposed The President or Secretary OF War who
cannot pass, in the ordinary discharge of his official
duties uDscathed through the hercest ordeal Of his
political foes, IL scarcely worthy OF his exalted sta
ton The Undersigned were, therefore, prepared To
GO as far the most malignant enemy OF those
distinguished functonaries could desire, in aording
every facility To ferret out and expose every act in
consistent with the pure and upright administration
of the public interests. Accordingly, the most
limited range OF inquiry was asserted by the MAORI
ty and most chcerfuy acquesced in by the minority.
| Every witness whose testimony was deemed upon
any point desirable, no matter how distant, and
matter at what expense, was promptly subpGnaed.
| A latitude of examination which would not he .ole
rated IN any of the ordinary judicial tribunals Ut
the country was submitted 70 without exception.
| Every call upon the War Department, no matter
how irrelevant was promptly accedcd TO. Not
resolution, not motion, rot suggestion was pre-
seGted by any one Of the majority during our pro-
tracted sittiDgs that met with the slightest Opp0si
ton II We have, therefore. failed to discover any
thing in this transaction worthy Of condemnation,
1t has not been from want Of the most searching and
probing investigation To which any official act has
ever been subjected probably in the history Of ths
government.
The procs edings Of the committee with all the
IN nv ne oral evidence which the
ports founded, now submitted to the House.
That record sbeiore the country and will speak tor
itself The colpittee was in session during period
Of three months, and htytwo witnesses were ex
amiDcd at cost To the government of tl4 $50 %
| tor the item Of witnesses attendance only.
| When the Hon. Robert Smith, Of illinois, on the
4th Of January last, submitted his resolution asking
this committee Of investigation into the facts and
| circumstances connected with the recent sale Of
| Fort Smelling, it was nj that time supposed that he
| meant to give countensnce and credibty to those
gross imputations which had been east through the
partisan press upon the integrity aud honor Of the
Secretary Of War. la this spirit t met IN the
House and defantly courted by the friends OF that
distinguished functionary. IL was, therefore, not
without surprise, mingled with high degree of plea
sure, that the honorable gentleman heard TO
nounce from bis seat, on the 18th Of the month.
| the following frank and emphatic diStvowal Of any
such object In asking for his resolution of inquiry
old bot and The resolution does no., cast any mpu,s-
that Know good deal ssou, the mater, sno nay. az
nhed 20 the chairman or the commit when orgAoizsd
1 would appear before them At Tins toey mgct
sgnse and tell my story; bot have said do
not say, that the secretary Of War da say,hine
wrong in the matter repest, sha, do not charge, by
implication Otherwise, thing wrong the secretary
| Of War. I protest hsi " not legitimate deduction
from the resolution that there fraud cnssged upon
| any one
/ In like manner, when brought bcf ore the commit
tee a witness, he dlscaimcd. In the most emphatic
| terms, ANY knowledge OF fraud upon the part Of
seller Of purchaser, or anybody eke."--tQuestion
| 25j9)
We may here dismiss this aspect Of the subject,
by stating that there IL not one word syllable 10
| this whole mas Of testimony which casts the very
slightest imputation upon the fairness the impair
TALLY, or integrity Of the Secretary Of War. Wit
nesses have differed from him in the opinion upon
which he acted in abandoning Fort Smelling a site
no longer useful for military purposes; some have
| criticised his selection Of agents not being the
most shrwd aud sagacious that might have been
| employed, and others have regarded the price at
which the property sold below it, Just value;
but no fact has been brought forward no charge has
| been exhibited opinion has been expressed, no
inuendo has been hazarded, in any FORM or with any
qualification, rejecting upon the purity and disin-
terestedDess Of the personal aud official connection
Of the Secretary OF War with the transaction under
| consideration.
Committees Of investigation by the authority of
Congress amongst the most valuable instrumen-
taites Of public Justice, where they have prac-
teal and constitutional object In view. They should
not however, he ordered except the means of at
tanning information preliminary ~ some proposed
action within the clear and recognized authority OF
the House. When a member or officer ~ the body IL
charged with an offence which, Il ascertained TO lie
true, would subject him To- expulsion, removal, or
| some other punishment within the scope Of our
| authority when high functionary OF the govern
ment il charged with official Delinquency under such
circumstances OF crironality az might lead 70 the
exhibition of articles Of impeachment against him
we all recognise the propricy Of such inquiry pre-
liminary TO our action. But IL can scarcely be re-
garded consistent with the dignity Of the House,
or falling within its appropriate jurisdiction, in the
face OF all disclaimers u fraud, corruption Official
guilt, 20 institute inquiry into the fact whether
| power in it's nature executive, and clearly con-
ferred by law, has been d@crectly and judiciousiy
exercised by the President or the agents selected
| by him. Such inquiries may crafty an idie and
malignant curiosity, but can lead TO no practical &C
ton by this House. They present, from their cha
racter, mere mass Of discordant and conflicting
opinion; they @wume jurisdiction over questions IN