New-York daily tribune., 1862-11-14

,av IN reference the erection Of PGt DeHboni would
not b- doubted suppose BY any one that Congress had
b. law the trading to be Established and the
military post erected Fort Dearborn by name. that this
oud have ben by authority Of law But instead OF des5
n.tins the p,ce Themselves Aey Tn to e d'e'sto" Of me
Py,,fdenL ,ohh 10 preeissiy The 'ams thia9 In sGees"
seordingy that the selection OF Rock Island TOT
the III. Of military fertilization tho erection aud continued
OCCUPANCY OF that fo6csion and the repeated eommuni
cations Of tbs War Department TO ths ocor having ehnss
Of the public snd expressing desire and intention to hold
that tlsnd f-r military PURPOSES together win 'he Iorns
on and Dsut thereof by the Land ohce
M deriving validity from the discrsionsy power vested
ia the President by the act Of Iih OF Jone 1902 have tho
sam. eject 10 withdraw the island nom tbs body Of the
public snl aud spprople 10 tie specific paPo'e nsmed
IS n II bad beea done by special act Of Congn"
40 not understand to be denied that Rock Island was
,fuly severed from the public lands aud ss, apart for
N ary purposes Bu, Il "a eonenled that the President
through the Secretary Of War the ilth Of February ad
formally elnquei this reservation and placed the Land az
the Jsyosa OF the Department having charge OF the public
lands aud thus fell back into the general body OF the
public lands subject TO euy ent pesD?on as SUCH In
meeting ti, question eoucede that, although there Is
evidence "a az informed h't the President In fact
approved OF even knew OF the letter Of the Secretary Of War
TO the Secretary OF tho Treasury containing the supposed
raqu.hmen yet t..:t Of the Secretary in the absence OF
any evidence Of hi. ds?provs must he accepted the act
Of the Predent lh. principle s settled beyond question
and adeed the validity Of the acts Of the War Department. Ia
h. selection and re.erysiol OF Rock Island dep I'D on It.
Had the P,lent then power By the &C, Of his minister
the body OF the public ands tract which had
lawfully and regularly reserved under tho authority Of
Of Congrss for misy purposes ard 20 subec' II TO
entry and pTecmpon by settlers Uudr the law, Of the United
s:a,e.i think the ,atsm,n Of tis question comPes
eg.ivo asgeE We have that the Presient derived
slhorty to appropriate hi. land TO military purposes not
any poser The public lands inherent In his oihee,
Bat from al erpre,, grant of power from Consro's TO erect
civilizations which be might deem necessary for the Proe;
ln Of the northern aud Western ffon,er IL true that
EIecsye heed OF tie nation ho vested By law
lh smps power 10 supervise and control tbs fohcs'ons
eTe,t. sud tho ands reserved for thsr He might
lie deemed proper cease to u'o The fort and iind
for purposes Of protection dei,ase, and withdraw iT1m
them The forces and mill property Of the unisi siate
Bu, h my opaon. he ted no power TO take hen OUT o The
class Of reserved lands aud them to the general body
Of public lands IL (, certain thst 'noh power 'eo efred
on tho President the undeI which The selection Of e
for Fort Armstrong was msde
II will be conceded suppose, ths. without the authority
fCons the President could not have selected portion
public lands and by the erection asd occupancy OF
ori devoted mi tary purposes In every Instance where
tAi. hs. been done sufficient legislative suhory will be
found for the se eher IN h, form Of. general 'ituie such
a. he &C, Of 1909 or Of special enactment But the Prcsi
deu could do this without the I'D o! Conse rsiiher
could h. annul the work without the same aid Tie
giant 4 goer trust, dicretoplJ by no
means imp. the furis.r power undo when ha. been
esmP.e,ea. duty properly performed BY the Executive
statutory suihody the vsli;y and s'nosy which
bsous 10 tho statute el snd ues, be within the
Of hs poesr conferred by tia. statute the Executive no
destroy hi. authorized WORK. without sons other
i,ss.lve ssnction th.n any other peroa can 70 aseI
,uoh principle cldm for tho Tsesuiiye The POWER to
repeal or sisr 81 sol of Congress viii
When tho Pr,dssi 20 tho q the discretion vested
hn by tho Of co. selected Roei leland the 'iio Of
fr ard srfended tie appropriated therefor Ia
os-ttus the iot ald oeoaTed Il military station, 'h1'
s,.llns h aside reservation for military PsfPot,', the
ple ocnf-rl BY "a. sei Exhausted, and b. had 10
more authority to recall h,, r.eson sni r,are tho lad
g. fie CONDITION Of portions of Tho p1be isnds not %
appropriated thar hs would had % e1p.ni ths shc
.rsy ga .isors h, Tort without Phiiion b. Coz
rr, Tor thai plfpo.e Tho ~,hssa 81 th- lad cm the
usss 10 rA..h unc, As sa.hy'J q Csr.e" bad been
slgrophasi tnd a spqfe ,ioa 10 other aIs das en use
soud simply sismit to dPis %" H. the power to
90 Which, have r.les opy IN coar-.' Add a.
n, d,sou Of l' power be found IN the se, q
1879. n,hsr DO inor of any subssq0sui at u Congess
haa which II can BE- derived.
Tstie~ ofih. fIscuss .uihor'y 10 tho rr,u's' seems
cord eIsey vlA tho flaa and seIl'cc'p'd
d. ~ q he dysoa of pow,T, ip Government a. hiIiy
sqlrs a'ifaos Hu Il sasiy b. denon-ils'cd on
varoa. oaads long Coug... f, eonfer tho
ftecsar- Department the power 70 dsp,se whether y
public ,als BY sa n entry snd rssuPoul q tn.t p.
Oh pablo land. reserved fo military purPo'. he r1hs Of
ITO Executive to .I,roe thu power oas' 20, to be con
ceasd Tie srpopistion Of the public d1msn either 70
pibc phVs'e u.s IL eminsny act Of sovereign power
II s The e1ofiso Of oVueuhip and Implies the n h of
uo over N. tide II conversion OF the property OF the
ri,ion eqa, In esPonsbty sud CAVITY wh the sppropra
ton Of public money ard derives II. authority from the
.ams h - source. Under system. TIL. eItsus
rs.il,, only IN Corueu. rs the frecuiVe draw no
money o the Tr,s'u but ia eonseqaspce Of sPPfoPra
lions made by law he caYnol dvei the to 20 foot Of
tho pubic land. without tho ,sme legislative sane Ion.
The.s reservations usually aaie for tho location of
fos ad military station, the fron'i'rs where the country
thnly eusd aud the public land. hsd bot nins
value Thee rs ard stations have been sbofdoned nom
time 70 time because Tie ncsse q population ound them
removing onsT dangers aud conyornS them into oeners Of
prosperity snd wealth. seemed render them useless for
military purposes Hut tho hs. sissn, In many
instances immense value tho lands attached to them II IL
tie appropriate function Of the Executive to decide how far
such military posts m.y bs reeded r tho public service
a, the time. and 20 use OF du,e them accord
sly. Bot II by no no'n' follows that 1t IL or
ou t 10 be competent Tor the Executive or II may Happen
Ia practice h, War Minister without the consent q Con
ss decide that tho sndi reserved for these poss and
viii be longer needed TOT the fGbhc service and destroy
the reservation by making .as of then opening them TO
prseinpnon ike other public lsnd'.
Il qpte possible that such lands for sfeady sus
ss,ed may have become much valuable than they
when r-.-ved and 1t Ia not 70 be suPposed ihs, Congress
would consent thsr conversion to private through tho
opestlon u lhe peempuon Laws II this poser sr' In the
Executive might we. hippen that through the dishonest
mistaken act Of hs subordinate. tho valuable and imPo
of the military reservations nov held by the Government
~ ft lie Ia.
lion law. 10 enrich pecusng forto assumog tho
dsuis OF ssluser Even where Congress. has sathodIsl