Annotation
[1] AES and AD, DLC-RTL. Lincoln's endorsement is separated from the memorandum as cataloged in the Lincoln Papers, but they seem obviously to belong together. A note from Governor William A. Newell, dated March 23 (but incorrectly cataloged as ``March 25'') is as follows: ``If your Excellency shall determine to sign the paper which I left with you on yesterday I will be greatly obliged if it can be sent to me at Allentown N. Jersey; I do hope that the favor sought will not be refused. The land is valueless, and on the expression of a wish to that effect the whole works will be removed, or relinquished, without compensation, to the Government. It will contribute vastly to the welfare of that portion of the County in which I live, New Jersey has always responded to the calls of your Excellency & I beg to express the hope that this small request of some of her citizens will be allowed. . . .'' (Ibid.).
The document which Governor Newell submitted, written on Executive Mansion stationery, reads as follows:
``Permission is hereby given to the Long Branch and Sea-Shore Rail Road Company to use so much of the government property at Sandy Hook, beginning at the Horse Shoe and extending southward, as may be necessary for the construction of suitable dock, depot and track accommodations, with the understanding that the improvements thus designated shall be removed or transfered to the Government whenever it shall be required''
Secretary Stanton referred the matter to General Halleck and Halleck referred to Judge Advocate General Holt, who reported on March 26: ``This, like other property belonging to the government, having been acquired by public law, can only be disposed of under the same sanctions. I am aware of no principle or precedent which can be held to authorise the executive, to transfer either the absolute title to or a usufructuary, interest in property, of the U. States, thus acquired, without the express concurrence of Congress. The rule is believed to be the same, without reference to the amount of interest sought to be conveyed. In this particular case, the privilege of using the land described for the purpose mentioned, would probably prove one of great pecuniary value, to the Rail Road company, but whether of great or little value, in its transfer or bestowal, the government must act through a public law, and not through the will of any one of its Departments.'' (Ibid.).