The weekly Arizona miner., 1870-06-11
The Bacon Affair.

row that was kicked up here, short time ago, regarding some condemned bacon which Mr. worrpser purchased from Government, at public sale, a part of which wa, afterwards purchased from Mir Wormser by John G. Campbell, of this place. But. lest some of our readers may have forgotten the circura stances of the case, we will state that, after the sale, s demand was made upon Mir. Camp bell, for the bacon which he bad purchased from Mir. Worpser, it being alhged, by the commanding officer and Quarermaster of Fort whipple, that the sale was illegal. Not ks~'S s.as. $ Is..sss..-2oEn Govern ment, Mir Campbell refused to comply with the request of the Quartermastsr, and when he next visited the reservation, he was or dered to leave, and, refusing, was marched of by an armed guard, by order of General Deyin. What followed will te learned by reading the following decision of Major Gen erai Ord:
 HEADQUARrERs DEP'T or CALIFORNIA,
 San Francisco, May iS, 1870. {
 Referring Co the statements, verbal and written, of Gen. Deyin and Mir Campbell, it appears that they parties to a suit instituted hy the latter to recover damages on account of bls ejectment from the military reservation by the commanding officer tGen Devtn) on the day Of public sale Of certain Government stores Co which citizens gen erally had been invited. The cause alleged for such forcibic ejectnent being that Mfr. Campbell, having possession of certain property (which had been sold 10 a third party at previous sale and which had been delivered tO him by an agent of the Government on written order from the pur chaser who held MT. Campbell responsible for the payment 10 him, of certain agreed price, for the articles purchased and dehyeredl refused 10 re- turn the property or to discover iis shsTsabouts 10 enable the commanding officer to cause them to be seized
 1t appears thai the alleged slegalI,y in the sale referred to, was due to lailure neglect on the part of tlr officer responsible ia. the property to ! carry out certain instructions In regard to the conduct Of the sale, and not to any fault action ] of the purchaser. or of Mir Campbell, to whom the purchaser ordered the goods 10 he delivered yet, the commanding officer, after the sale had | been mnde and completed, SO iar the acts of | the purchaser were concerned. in good faith. deemed i his duty 70 anuul the sale take forcibie possession of the property. and failing therein 10 eject and dsbar the purchaser from the for refusing 70 return it as before stated; and IL does not appear that Mir. Campbell had received notice, before hand, that the invitation to citizens gvner, ally to be present al the subsequent sale tat which the action, complained Of occurredl did not ex- tend To hirn.
 | The first declaration or Gen. Deviu is, tfat if was his duty and right to declare Illegal and void any sale of Goyernment property within the iila- l its Of his command, when the conditions goyera- ing tue sale had not been complied with, and to demand restitution Of the property delivered un- der such sale, for which no consideration had been paid.
 This opinion of his right to demand restoration. l is deemed correct when the iilegRlity Of the sale ls cansed by, or dne to acts Of the paTthsssT si; II Is nos deemed right tba, an iGnccsai parchassr should De made 10 suffer bccAnse of the failure 70 perform bis duty by an officer or the Government The effect of the illegaiity should have been made to fall on the party vho caused ii. and shO could have been held responsible for the value oi the property improperly sold
 T The second part of the brief declaration of the post eommNnder, Gen. Devin, that DO payment bad been made 10. the goods would not effect thr justice of the purchsser retaining control Of his purchase, n he showed that he ~ii.sng to pay the price at which they were sold to him. aud thereby comply with all the terms of sale, so far as compliance rested with him
 The second declaration of Gen Desia that a I, :" is my undoubted right for any reason, which "may deem sufficient, to exclude from the militia. "ry post and reservation, under my immediate "eommand, any citizen, no matter for what pur pose he may appear there, and that for the sufi
 ciency of my reasons and justice ot my action "ln such matters, am answerable to my miIitary "superiors," is held to be correct Gases may and do arise when the sateiy of his garrison ne. l qufcs tuat ati parties, save the troops, euOuld leave iiis limits of iiie post; of the necessity and proprety of the acfon in removing by force |, necessary, all others the troops, the pos, commander Is responsible 10 his superior or com
 handing officers, and General Deyin having re ported his action in the cSse to his departrnep, commanded, il remains for the commander tc state his view as to the necessity and propriety o the action. t "a - rra
 The department commander does not think th, eiectmeDt of MT. Campbell was called for or pro
 per, he having commmitted no ofiense agains,
 military dicipilne within the limits of the reserv, and his only alleged ofiense being his having re tained possession Of property which he had pur
 chased Iron citizen, and which had been deiiy cred 10 him by an agent of the Government The public notice inviting the presence of an
 citizens st the sale, snd the selection of cne o
 their number 10 be fcseibly elected, made the ma. ter an injury, which, though committed within
 the special jurisdiction of the post commander entities MT. Campbell to such reparatiou as II , comes within the power of the department com mander to afford; and that Is copy of this opiu ion with permission to make it known In suct manner as he may deem best to all parties whc
 may De aware Of the occurrence.
 The General commanding Is glad to bear testi mony to the good temper with which both partie,
 have presented the matter, ani believe. that Gen
 Devin was actuated by no personal feeling bu only by desire to protect the interests of th, Government entrusted to him. tif aa, v
 Ha Q'rs Dept of California. San Francisco Cal. May II, lS7o
 Official copy respectfully forwarded to Mir { John O. Campbell. Prescott Arizona Territory byeommand of Bvr MAJ. GEsEHAL ORD
 ni aHf JOHN P. SHERBURNE.
 Assistant Adjutant General , From the foregoing, is will be seen th., citizens have rights on military reservat;ooa