The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-01
WASHINGTON DISPATCHES.
GENERAL

WASHINGTON, May 81, 1875
THE FORT DEARBORN RESERVATION CLAIM
DISPOSED or-REPoRT OF THE SENATE
coMMITTEE-INTEREsTIN REVIEW OF THE
CASE.
The writtcn report submitted to the Senate by Mr..
Bayard to-day, from tho Committee on Private Land
Claims, treats exclusively of tho alleged presumption
claim OF the heirs OF Jean Biptiste Beaubcn 10 the
lake front portion OF the old Fort Dearborn rescrva-
ton at Chicago, making no reference 10 the remain
ing propositions OF Senator Matthew'S bill for the
confirmation OF tito TO purchasers OF other por-
tons Of tho reservation and for graat 20
the city OF Chicago Of the streets and alleys
laid out said reservation. These claims VIII DO
actea upon by tho committee IN connection with tho
separate bills introduced by Senator Davis and others
The following conclusion OF the report however,
lays down principles OF general APPLICATION
careful reading OF these slatutes OF May 8, 1898,
ana April II, 1906, leaves no room for ooubt that II
IN the power OF tho United States 10 ra-
serve Tor ITS military purposes any portion
of the public domain as might seem
necessary or convenient. fDat there was reserva-
ton aud Appropriation of tho land Tor government
now claimed by the heirs OF Beaubcn there can
BIO doubt and that it was occupied by The troops Of
the United States In 1904 and that they continued In
possession with some brief intervals, and mover re-
leasing possession at any time for many years. at least
as late as 1882 when the Secretary oil War directed
tho sale OF portions OF tho reservation
This occupation being appropriation authorized
by law follows that Beauben aud ali Other persons
the land wcro there At the suferancc ana under
the Jurisdiction and permission Of the United Stacs
and consequence clearly could acquire no rights
oil settlement presumption adverse 10 the govern
ment, or in any manner prejudice the United States
10 the manner in which the lands should be dis
posed after the reservation should become useless Tor
purposes This cispOses OF any right to make pre-
cmptou claim to the land by OF settlement ana
cultivation during tho military occupation OF the post
A further ground urged IS that, even ir the occu-
patton and appropriation wero valid, the United States
Inst nj rlr fs m n na0
until 1915 they abandoned the post II must be re
mcmDcred, however, that this abandonment was not
voluntary, but was caused by the compusi0n OF war,
the troops having been drivon out, overtaken and
massacrcd by the Ipdians wnen they mad retreated
a man suffered TO escape. should this public dis
aster be permitted 10 constitute a valid basis Tor a
precmption claim II would es ablish precedent un.
known heretofore history that citizen could take
adva OF the mstortunes of his government as
means to deprive IL OF it's lawful domain nd property
without its consent Such proposition cannot DO
entertained.
After citing tho decision or the United States Su-
premo Court In the case OF Wilcox VS.. Jackson tl3
Peters, 49Sl the that .for these and
other consider they report adversely upon tho
bill, and recommend that II be Indefinitely post
poncd"
THE ELECTORAL INvEsTIGATIoN-PREsIDE
HAYES MIsREPREsENTED- poTTER's
LETTER TO SECRETARY SHERMAN.
The reported interview with the President Gettys.
burg yesterday in regard to the Potter
Committee Is pronounced ct the Executive Mansion,
be predicated worry slight foundation, II any
basis at ALL and it Is said that the President was
SO continuously occupied with the ceremonies and
services connected With his visit that there
was no time for interviews. And, besides, language
is attributed to him which he could have uttered
under any circumstances, especially as he now las
during the electoral count n Florida and louisiana
takes part the question, being content 10 leave
tho Investigation where is lodgeo, and to await
the result without interference his part any way
whatever II is also said at tho Executive Mansion
that Postmaster General Keys open letter was not
submitted the President and Cabinet bsioro It
furnished to tho press and that Its preparation and
publication rested with himself alone.
Tho following 10 the text OF Mr.. Potter's ietter TO
Secretary Sherman
WARRINGTON, d. c., May 81. 1873
Sri submitted your letter of tho 20th inst d.
rected TO me Chairman oil tho Committee OF Inves
tigaop, &C., to tho committee at Its first meetin e.
and l nm unanimously directed by the commit ia
INFORM you That until further orders they will permit
any person named In the resolution appointing
mittec be prescott when evidence affecting HIM ia
and TO be attended by his counsel and to Offer
evidence in his own behalf but that all questions 10
witness shall be addressed by member OF the CON-
mittce. GARRISON n POT FER.
To Hon. JoHS SHERMAN. Secretary OF tho Treasury.