, 1859-02-10
Reply OF the Secretary OF the Interior
TO mr.. Fafnsworth's Resolution

FIAuIsf04 1uGllalau IL Ha9 surveyed IN 2633t anu
the survey VAS approved November q, 1888. 1t
contains 898 94-l00 acres. Amitary post, known
as Fort Armstrong was established aud occupied
On the Island as early as ISIS or 1876.
Ga the second Of March, 1875. Secretary
Of the General Land Odice. in which be- said.
"the ialand is desmed necessary '{or military
purposes. and haro 10 request that it bs &C.
coEdingly reserved for such purposea"
On the sth Of April following the Commits
sioner addresaed q letter to the register of the
land office at Springfield, Illinois, IN which be
says, sit is deemed necessary By the War De-
pa1tment to havs this island reserved for mill
tazy purposes. No Survey Of 1t having been
returned to this office. that is to advise you
that the island is to be co"sidered az reserved,
Tor the use Of the government"
Secretary Cass afterwards, on the l1th Of
September, 1885, addressed q letter to the Com
missioner Of the General Land Office on the
subject, saying: II hare to request that in.
stfncs1ons may be given to the proper register
and recel7er-1 presume at Galena-not to offer
at public sale nor to grant e,emption rights to
any Of the public lands on Rock Island 30 long as
the position is required for military purposes.
am decidedly Of opinion that the whole Island
shonld be kept in possession of the troops"
The Commissioner accordingly, under date
OF tho 18th OF the same month, instructed the
register and receiver at aalena that ''the De-
pattment Of War had apprised this office that
Rock Island, in the Misslssippi river, and which
has been IN the occupation Of the public since
1876, is essentially necessary to be
reserved fotthe use Of that garrison. You are,
therefore directed to reserve lhe same from
any public sale. and it any individuals who may
nave occupied BY sut1srance any portion there
Of, should attempt to acquire pre- emption
right on said Inland, in virtue OF the act Of
June l9. 1884, such claim cannot be recog-
nized."
This proceeding, in my opinion, did not extend
tue reservation, and make it more complete than
the correspondence Of 1925 left 1t.
Fort Armstrong Was evacuated by the troops
on the 4th May. 1885, in pursuance Of general
orders No. 3, dsted January a6, 1886. Afterwards,
some Of the diapidatcd log buildings we're sold,
and the remainder, together with the island, we're
then me Is ln 1850 placed IN charge OF an agent' Of
the present date, as am adrsed by letter Of the
Secretary Of War, Of December 20, 1858.
would remark, however, that Secretary Poin-
sett, on the Gin November, 1888, addressed a let
ter to the Commissioner Of the General Land
uMce. from which make the following quota
tons: " It is at present deemed advisable not to
dispose Of it (the resezvation}, and this depart
nent will, till it be otherwise determined, still
nola It under lts control when it shall no longer
desire to continue this control, it will be sunen-
1efed to the jurisdiction OF the General Land or.
hce to he disposed Of according to law, as In view
o. the construction put upon the act Of March 3,
1Sl3 1t cannot be sold under that net by tllis de.
partment. Under the circumstances, it il left to
tne General Land Office to take such measures fot
me surrey OF the reservation rs it may deem pro-
per, and required by existing iaw.n
Instructions have been given to the Marshal
ior tue district Of Illinois for the removal Of in.
truders, as directed by the President"
on The llth February, 1848, Secretary Marcy
addressed = letter to the Secretary OF shs Tres.
suFy, saying: "Tbe Department has hereto.
lore lon the Goth December lasD reported, in
A14R&F a 4f &ha Ln&n
ste u no longer required for military purposes.
and it il therefore hereby relinqaished, and
placed at the disposal Of the Department which
has charge Of the public landau
Notwithstanding these COMMUNICATIONS ofthe
war Department last quoted, the department in
cnarge Of the public lands has never taken any
action for the sale Of the reservation Of Rock
ie'and, under the general laws, regulating the
disposal Of the public lands. On the contrary.
II Is understood that the Department Of War
mas, at various dates since 1913, takeu mea-
sures with view Of aeling thls reservation,
March 2. 1919, and March 3. 1859. {See Stat,
vol 3, P. $50, and volume IL. p. 9os) These
measures we're not however carried out
Under date Of the 18th May last, the Secre-
tary Of War informed me that he had "post.
Poned the sale Of the military reserve at Rock
OF presumption in these lands, now claimed by
sondry individuals, may be passed on in tbs
ordinary course Of proceedipaa'' in this depart-
ment. Soon after this, "aIl laws authorizing
the sale Of military sites (e1ceptiDg the provi7
slons OF the act August 18, 1856, relative to
and it was declared that said lands shall rot be
subject to sals or pre.emption under the laws Of
the United States''
The policy Of the War Department in taking
measures for the sale Of the Rock Island mill
tafy reservation after it had become useless as a
military and hat -f = =
charge Of the public landa in declining any &C.
tlon except to survey the island, has been ia &c.
GoFaance with the executive policy in other sim
,laf cases, and was, in my opinion. warranted
by Hound construction ottbe laws then in force.
Lands which hare once been reserved as mill
regarded a. Severed from The mass of The public
lands, and thereby Withdrawn from the control
of the Commissioner Of the General Land Office,
and the Legislature power has not provided auy
!aw Or prescribed any conditions according to
which such land can be relinquished and placed
again at the disposal Of the land department.
Congress has, however, einee the eet Of arch
., 1els, WAS paased, repeatedly, By special laws,
authorized 1he sale Of particular tracts through
tho fundamentally Of the General Land Office,
thus sustaining and sauctioning the policy OF
tue executive branch Of the government On this
subject.
NJ conclusion. therefore, in reply to the in
4ulry whether The military reservation of Rock
lsand has been transferred By tbs War Depart
meus 10 the Interior Department is, that it has
not moi. been 80 transferred.
"a responsive to the inquiry whether said
RESERVATION haa been trespaseed upon By per-
eons Claiming presumption rights, / have the
horor to state that at ono time Colonel George
davenport claimed the southeast fractional
quarter Of section Is, township IS north, Of
range west, bat his claim Was declnred void
oy the General Land Office. Congress. however,
hF 1firnta rf fnrh hi. 1saf
enter tho land at $l.25 per acre, and to have =
patsus issued therefor. Stat vol vi, p. 9eS1
In August, 1888, Lewis C. Underwood sought
70 enter the northwest fractional quarter Of sec.
tion 81. township Is north, range1 west. His
claim waa allowed for the south portion Of the
quarter section. which Was aisuated on the south
bank OF tho river. but WAS rejected for the north
Part, being 40 81 100 acres. lying upon the isl
and, ACROSS the narrow channel separating the
Island from the south bank OF tho Mississippi
river at thst point
Montgomery Blair, Esq, has recently advised
tbss he appeared ~ attorney for ]. H. Langley, |
Henry ". Cbamberln, James Lackey, II. D.
T.. Shelton, Jesse Il. Kennedy, Cyrus Eonckling.
Henry ". Adams, and Benz. q. e. Smith, claim. =!
ing the right Of presumption, in vrtus OF settle
ments made in April and MsT. 1857. He states
that bis clients appeared at tho land Office 1t |
Springfield, Illinois, on the 7th April, 1858, and
that the Register and Receiver refused to hear
proof Of their rights because the Secretary Of |
" Ar had advertised the lands for sale as mill
tarY reserve.
Tho above mentioned are believed to be the I
only claims to the right Of preemption on this |
island, Of which the records of tho department |
furnish information.
1n reply to tho concluding inquiry of the reso- |
luton would respectfully stata that no dec;non
has ever been made BY this department in favor |
Of persons claiming pre.emp,ion rights in the |
lands on Book Island. Such claims hare been |
rejected By The General Land Ofice heretofore,
~ predecessor. on the 3lst January, 1855, in
. letter 70 the Presideut Of the Mississippi and
Missouri Railroad Company, expressed tho opin-
ion that "she disposition Of the public land on
Rock 1sland is entirely within tbs control Of the
Var Department" 1 hare no hesitaacy in say |
ing that concur in that opinion, and that the
sale Of Rock Island. after it had become useless
q military site, WIS exclusively under the d. |
rection and jurisdiction Of the Dep .rtmeut Of
War until the lAws authorizing it's sale we're re.
pealsd in 1853.
Since then it has not heen subject to sale or |
presumption under any Of tho laws Of the Unit
I'd Slater.
l have tho honor 70 be, very respectfully, your
obedient servant
J. THOMPSON, Secretary.
The SpRAk1R OF the House Of Representatives,
Of The United Stated
Keh. !. lssa. Laid upon tho table and ordered to b
Son1 G1xaE.-It is stated. in 4 recent isaue
II the Toledo Bl1d4 Ohio, that drove Of I, 900
geese, intended for the Eew York market, Wero
'een At winehester few days before. Tho
owuer had driven into one car the numbef OF |
h10 ppvinn fro+, x II, ffrn - aonh .