The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-25
LETTER FROM GEN. DAVIS, SECRETARY OF
WAR, TO THE PRESIDENT.
" a II DIT Nh NJ ENIs
WASHINGTON, June, 3, 1854.

WAR DEPARTMENT,
WASHINGTON, June, 3, 1854.
SIR have the honor to submit the
following report upon the letter addressed
to you under date Of the 18th ult., by Mr.
j. y. Sargent, attorney, &c, respecting
the application of the Railroad Bridge
Company for the right of way through
the military land at Fort Armstrong, on
Rock Island Illinois:
On the 18th of September last, the Hen.
John 4. Dix addressed this Department,
stating that a company had been organized
to build a bridge across the Mississippi
river at Rock Island, to connect the Mis-
sissippi Il Missouri Railroad with the Chi
cago K Rock Island Railroad, and apply
ing for right of way across the Island.
He also stated that the company desired
to obtain certain parcels of the public land
for general depot, workshops. store
houses, dwelling houses for employees &c,
and concluded by inqu:ring in what
manner the right OF way and the desired
land could be obtained, with suggestion
that the Department had authority to sell
the land, and hope that it would be sold
at a moderate price, &c.
After obtaining reports from the
Quartermaster General and the Officer in
charge Of the property. this department
replied that the Reservation was intended
as u site for a Military Establishment; that
the portions he had designated could not
be sold, and that it could not then be
ascertained satisfactorily whether auv por-
ton could be disposed OF. With reference
to the right OF way, it was added that the
Department had no authority to grant it,
and that such grant could only be made
by Congress.
The claimant then appears to have sub
mitted the subject to the Secretary of the
Interior, in letter which | have not seen
but which is noticed in a report of January
10th, from the Commissioner of the Gener-
al Land Office, as being 'relatiYe to an APP
plication for a grant Of land to said com
pany, on Rock Island. Illinois, heretofore
made to the honorable Secretary of War as
explained on u map of the Island.
The object Of submitting the matter to
the Secretary of the Interior does not APP
pear, but the Commissioner in his report
OF the 10Th Of January. gives a history Of
the Reservation; suggests that such a
section as would secure all the proper OBJ
jects Of the railroad company could be
most advantageously appended to a GER
tain bill which he mentions; and concludes
by stating that as regards the RICH; of way,
1T is already granted by a general act
entitled an act to grant the right of way
to all rail and plank roads, and mcadamised
turnpikes passing through public land be-
longing to the United States, Approved
August 4, 1852,
Ga the 9th Of January. and no doubt
in consequence of this report, the COM
paDy filed, in the General Land Office, p!ats
of u survey exhibiting the line Of the road
and tract OF one square acre, selected
for depot purposes, under the act cited by
the Commissioner; such maps being nee
essary in all cases to render selections
under the act operative. These were trans
United by the Commissioner of the Gen
eral Land Office to this Department on the
llth of February, in letter stating that
inasmuch as the act of Sd of March,
1919, places the disposal of the abandoned
military reservations under the Secretary
of War, and as this island is an abandoned
military reserve, he did not feel at liberty
to take further action in the case. This
was followed Ly letters from John O.
Sargent, Esq, attorney of the company,
enclosing copy of the report of the
Commissioner Of the Land Office, above
mentioned, and submitting printed ar
Cument in support of the views therein
expressed The ground taken in this ar
gument Is, that the act grants the right
OF way over all public lands surveyed and
held either for private entry or for sale
and that this land was held for sale and
no other use, on the 9th of January
when the railroad bridge company filed
its plats of survey under the act of Au.
gust 4, 1852, in the General Land Office. ,
In support Of tins position he cites
various reports from this Department
prior to February /, 1S48, in which it was
stated that the site was no longer required
tor military purposes; q communication Of
that date u the Commissioner of the Gen
eral Land Office relinquishing the reserva
ton to that Office; and u subsequon
advertisement OF the Reservation for sal,
in 1850 by order of this Department
which, however, was afterwards counter
manded,
Iu reply the Department said that til,
lands were not held for .ale, and we're no
subject to sale, not having been military
site at the date of the passage of the &C
OF March 3, 1919, authorizing the sale O
sites then belonging to the United States
That, moreover, this act, of August 1859
did not apply to this land IN der the des