New-York daily tribune., 1862-11-14
THE INsOLD LANDS OF ROCK
ISLAND, ILL.
The Question Of fPrs-cmption-Deeisio by
the Attorney -sseaeraI.
ATTO.sKY. 0ySHKsL's OyyiCs.


SIR: Tie lsters Of the Acting Secretary Of the
n,ssr the dated 21d Of August l-s and th. second
d4ted the l5h u present for ognsisI son thcse qus,
lons:
Were the unsold lands Of Roc. Island 10 the State Of
nos subject prosDpioa under the Laws Of the United
State. Ia the month Of Aghl. 1881
Are they sub pref np,lon uudor those law.
The view take Of the 1ec, Yre.entsd BY these queson
eisves Of the necessity Of oor'dsrns tbS separately.
have given to them te ersnniton aud reflection which
their importance demands. and proceed to ray con.
olusiols
Rock l-nd. part Of the pablo lands Of tho United States
reserved and occupied by tho Exoca,so Department Of
ia. Government fr military Iufposs Thi' roservsion eil
originate has beea suppo'ed IA the letter Of the Score
sry Of ws Nj Csholn. to tho Commioaer Of the Gen.
eTu Land Uce dated March 1895 wherein having stated
that tie Island Is demeJ neco',ay for military purposes he
requested that DO accordingly reserved for suoh purposes.
ard that when tis reservation completed tho War De-
pasaeut should be advised Of tho fact That letter ard The
subssques eation Of he Land Office n giving notice Of the
roesson TO the Register having charge Of the public lands
In the district wi erein Rock Island situated were bat
stamping with formal character reservation which
been made years before under tho sahoI.y oi
law For, by various early s;ts Of conHs tho President
had been suihonIed to eec, forle,ons Ia such pcs,
80 his opinion the public safety should require and
TO establish trading houses st such po,s and plsces
should Judge most convenient And by ths act Of Juue IL
1903 q 81. st7 appropriation made. sncns other
hings. "for erecting such ortifca)ns may In tho opn.
Ion Of the President Of the Unted States be deemed
sry for the protection Of the Northern and Western from.
ors" Under the general power given him BY this act the
President selected military sito Rock Issnd which
Fort Armstrong built (U. sgt. Railroad Bridge Co..
Mclean 527l not Informed of the exact timo when
is selection made but according TO tho letter Of Gen.
Jcsup the Coinisouer Of the General Land Odcs the
folt essbshed dmins the lat with Groat Britain
and occupied In August 1915 The Of Rocs
Island for military purposes began when tho selection was
made. and from that time, the Supremo Court said Of
another tract " asd reserved under the authority
Wilcox sgt Jsckson, IS Pet $50, II. from tho
uass Of publc lands"
This ,eec ion Of Rock Island br misyy ufposes va,
not have seeD the unauthorized cot Of the Ps.aieu
but made IN the essTese of discretion vested In him By
Congress The Constitution vests ia Congress tho power 10
dispose Ct and make all needa rules and regulations respect
ing the territory othor property belonging TO the United
States The word "entoy" here used 10 held 10 ba
equivalent to the word lands a.. sg Gfstlo PeL 5J
and ths to dispose Of the public lands and. h. clause
whether by sale by appropriation 10 other belongs
Congress end mo-, to the President U g. sl FIzsend 10
Pet 42; U. s. ast Nico Pains Gioj The ro,ovson Of
Roek Island for military puTpoos derives s vsl. ih.r
FORE ne, from the ss. Of seecson poroTms< By tn,
PSSajdeb sV iIem spJ ef - tp kas Of Ms WN MSl,.