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

sets Of Congre, may be found scattered through tie
statute books. authorizing Tho so In whole part par
tieal.r military approps.ps them to other public
u.e. review Of those statutes win show beyond q1es
that Congress eban onod the to control aud
d,po, OF military reservation. than they did the power
over tbs rest Of the public lands and Ina the method by
hioh when longer needed for military purpoo,, they
we're disposed Of well defined aud settled BY Con-
rs tho method by which the general body OF The public
iand, was opened for settlement. or sale
striking proof Of the vigilance with which Congress e'er'
ci.sd power control military rte' is frr 'hed by
e 9th section OF the Act Of June l2 1855 III ST 33o So
ron. having been Of tho manner In which The
or sites conferred By the sc, OF Mach
1884, was exercised Congress By tho section referred TO- 70
p.aed tho then existing laws pats sfews, when anIher
lied the sale Of military sites which were or mgs become
u.eess or military purpoe' and declared 'hh s'd sni'
.hoad be subject to sale pre-, npOn under sny o mo
laws Of United States with proy.o confirming IN force
the act oA1ss 49, 1856 relative TO certain Tesesso-' IN
Florida
For these reasons Of opinion that the letter OF hs
Secretary OF War 70 the Secretary h. TTeury the lth
OF February ss9 without authority Of law and utterly
void Of the effect proposed and that the Island c'est hose
tcona parts granted by acts Of Cope" 70 certain gr'se
peraons) remains reservation for military puposes This
reser,.or ny opinion. included originally the whole OF
the ani DO not understand that any doubt ba ever been
eIpre,ed that hsl this eIeat but reference to the
ettsr OF Secretary Calhoun OF "a March 1925 and tho letter
Secretary Cas- q" lh September 1885, and the proceed
ug. Of the Land Officers th-rslnde vii pat such doubt o.
But II tho Island had no, in terms beea desgnaled
the eIen. the reservation still under the principle
Piled the OF Mitchell sl the ulei States Pe, ei
tie whole oud necessarily be embraced IL It,
II follows froG hi. that the island oo subject 90 PIE
empiou under the laws OF the United States IA c month o.
April 1857 neither (. this tinei ressrystions being er
prossly exempted from the operation Of those ls~'
If have thu, far treated this question fully upon gen
c)nhdersons thin with reference 10 tho special c.' 0!
tho hind 4. because the principle Involves 'eesi
to me TO require fair examination aud discussion. Claiming
fr the Executive power thak .ubvcraiyo of the Con-
. u,iou this principle it be correct must extend IN be-
yond the case which invoked ard II 4 be er'ns
ou1 ou.l. to be rejected as Of stuiaHra,ion.
But hsre facts Dis o.ed IN the papers hsvs
submitted which show that the theory that the Rock Island
Reservation had been relinquhsd ard bad reverted to the
body Of the pubic lands accepted by either 'he
Legsive Executive Departments OF the Oovefnmsas-
uot even by the War Department.
J. Consre.. tr,s cd n a. reservation open 10 entry
under the pre- ptlon laws For only did they 50rss
George Dsyenpor, enter fractional qiteT,e'on Of The
.lard por the alleged renqildhment Private sc 7ni
April $780, but ssbsequssy thereto by Private act Of 2h
January 1885 40 ST, s.J David h. seais granted the
same privilege.
The Secretary n tho Interior a1l ,hs orcsn OF tie
Land oce repeatedly refused to recognize right Of
.up,on and never allowed claim thereto i. IL true that
III. 1ner Of the Genera Land Oco in letter 10
III, Secretary thu Interior dated 2s,h De,smb-r ls
pes,e the opinion that the 'evsiou had fallen tsk Toto
th. Of the public lands But hs ociil superior tie
Secretary OF tho ntc 10 letter t. the House u Repre-
.,nare, dated snh January. 1852 10 response to re'ols
HOUSE inllag the pressn, situation o. tie
military OF Rock Island, whether the 'ams h,
been transferred BY the w Department to he Interior De-
p.men" kc aer detailing ia, facts re.ye 10 ihs ressrva
sion and alleged snq -bnent anl the seLapt, Of the War
Department 70 sell H. dscl,Fs ha tho policy Of the War
Department in tsklag for the siio OF the /
Ro,t .aud military rsssUaon after Il bad become usse's
mtry site, and that Of tie Department In charge o.
public lands. declining any action srcap, to the
Island has been in scoisnce with The Executive policy In
similar and "a my iIni9n w.nantsd By sound
construction Of tho laws then In force" Asr sgsstos that
legislative power ha. provided any prescribed
any conditions secordDg 10 which lands reserved Tor military
parpo,. DO rrnguhsd and placed ssn ., the dposa
q tho Lsnj Department. he adds; Ny conclusion there
fore epy he inquiry whether ,ts military ressrv.on
o Rock T,snd has Transferred BY tho War Department
% The Interior Department H. ai has not been 20 s@o
fcirea"-Gr Doc. 9se.' % Cong, Vol T. No. sl)
D. Attorney General Cushing ua cAefay prepared ooin
lon Of tho 2', Aust l5', 70 Op. 67ol held hist Roct To-
land not subec, 10 sniry public and because
military rts,Tvstiou.
= Tho War Department, since the letter Of Secre..ry
ey has repeatedly ard cou,nuouiy ,rsIei-d act, Of
jurisdiction Island quito inconsisient with
the theory Of is rsinquhment True Fer, ArlsFor.
evacuated IN ard since been sargisonsi but the
buildings which smsnel aer the sse u portion o. them
ia ,ha year toseih.r with the island then rlie.i
10 ,lsse Of ss,r'. and csntHsed. at lest until
Ito icth Of Decsmber 1888 (Leer Sec War ofha date
Ard n 1850 order suod BY the Secretary Il Wsrto
Col Mason to sell the silsn. bot executed
In conflict with this Amos. UEbIoken cuelt OF legislative
and executive action snd opinion stand, the opinion Of Judge
Mclean "a tho Of the United STATE. The Rasosd
Bridge Company. 10 Mclean 3l7) With tho hishs.
sp,c for the opuior' iha, distinguished and iAmen,d
Judge compelled to believe that shs bad given to the
question uudsr consider alton careful and thorough
than opinion indicates be would have been led
different conclu0n As tho poseuted this pons
have been but Incidentally before hn and without
comIlo view Of tie Ga pise 5l3 he declares tie,
the abandonment Of Rock Island military post and for
III public purposes complete 20 its reservation hid
been" and be dn uish,I II pages 32Tsl from the Fos;
Dearborn reservation, saed IN Wilcox ast Jseksen, upon
the ground that the possession Of that reservation fo public
purpose, had neysr been abandoned"
II Is hard cay whn effect might have been produced
the mind Of Judge Mclean n tho the well seersncd fct
had beeu m evidence IN the that tho Rock Island
vion had remained In the possession Of the War Depart
m,n and actually In is po.,e-'ion by is authorized
agent when hi. deciion pronounced II thst decision
bad been reviewed by tho Supreme Court OF tho United
States without for believing that an opinion
in accordance With the OF its deei,ions g.
similar would have been tho result Il ia worthy Of
tle United state. by the Aotney y0eners Ia
tht conoverted the eoncuo, which judge NcLesu
adopted thereby showing that prior April 1851 the EIs;u
tive Department eouidered the Island military reservation
And nothing has occurred siuce that time TO change ls
hru adherence to that position s In - opinion.
the plain duty Of those who administer the Goyorumsn
an. Sir very respectfully. your obedient servant,
EDWARD BAtES. Attorney .Gcpsssl
Hoo CALxB Il. SSirH. Secretary OF the Iatedor.