LIBRARY
OF THE
UNIVERSITY OF CALIFORNIA
GIFT OF
\
Class
UNITED STATES
MILITARY RESERVATIONS
NATIONAL CEMETERIES,
and MILITARY PARKS
TITLE;
JURISDICTION
Etc.
PREPARED IN THE OFFICE OF THE JUDGE-ADVOCATE-GENERAL
UNITED STATES ARMY
REVISED
By LEWIS W. CALL, Chief Clerk and Solicitor
WASHINGTON
GOVERNMENT PRINTING OFFICE
1910
WAR DEPARTMENT,
Document No. 357.
OFFICE OF THE JUDGE- ADVOCATE-GENERAL.
OF THE
UNIVERSITY
OF
UNITED STATES MILITARY RESERVATIONS, NATIONAL CEME-
TERIES, AND MILITARY PARKS.
NOTE. — For authorities upon the subjects of " Eminent Domain," " Jurisdic-
tion," " Taxation," and " Title," see Appendix.
Unimportant licenses and short term leases have in many cases been omitted.
ALABAMA.
GENERAL ACT OF SESSION.
"SECTION 1. Be it enacted, etc., That the United States be, and
they are hereby authorized and empowered to purchase, acquire, hold,
own, occupy, and possess such land or lands, within the limits of this
State, as they shall adjudge it expedient, and shall seek to occupy
and hold as sites on which to erect and maintain Forts, Magazines,
Arsenals, dockyards, and other needful buildings, or any of them, as
contemplated and provided in the United States ; said purchase to be
effected either by contract with the owner or owners of said land, or
lands, or in the manner hereinafter provided."
(Sec. 2 provides for acquiring title by condemnation.)
" SEC. 3. Be it further enacted, That whenever the United States
shall contract for, purchase or acquire any land or lands, within the
limits of this State, for the purposes aforesaid, in either of the modes
above mentioned and provided, and shall desire to acquire constitu-
tional jurisdiction over said land or lands for said purposes, it shall
and may be lawful for the Governor of this State, upon application
made to him in writing, on behalf of the United States, for that
purpose, accompanied by the proper evidence of such purchase, con-
tract, or acquisition of record, describing the land or lands sought to
be ceded by convenient metes and bounds, and the said Governor shall
be, and he is hereby authorized and empowered, thereupon, in the
name and on behalf of this State, to cede to the United States exclu-
sive jurisdiction over the land or lands so purchased or acquired, and
sought to be ceded, the United States to hold, use, occupy, own,
possess and exercise said jurisdiction over the same for the purposes
aforesaid, and none other whatsoever: Provided always, That the
consent aforesaid is hereby given, and cession aforesaid is to be
granted and made as aforesaid, upon the express condition, that this
State shall retain a concurrent jurisdiction with the United States in
and over the land or lands to be ceded and every portion thereof, so
far that all civil and such criminal process as may issue under the
authority of this State, against any person or persons charged with
crimes committed without the boundaries of said land or lands so
195263
4 UNITED STATES MILITARY RESERVATIONS, ETC.
ceded, may be executed therein in the same way and manner as
though this cession and consent had not been made and granted:
Saving, however, to the United States, security to their property
within the said limits and extent, and exemption of the same, and of
said land or lands, from any tax under the authority of this State,
whilst the same shall continue to be owned, held, used, and occupied,
by the United States for the purposes above expressed and intended,
and not otherwise." (Approved January 28, 1848.)
In this connection see also an act of the State Legislature, approved
December 1, 1837, which provides as follows:
" That the jurisdiction of this State, within and over all Forts and
Arsenals that may be established and erected by the United States
within the limits of this State, shall be, and the same is hereby, ceded
to the United States, so far as the walls or permanent enclosures of
the same shall extend and no further."
See also Code of Alabama, 1896, Vol. 1, Sec. 626-629.
FORT GAINES.
This reservation contains about 983.9 acres, and is situated on the
eastern end of Dauphin Island, in Mobile County.
It was acquired by condemnation under final decree of the Court of
Chancery for the First District of the Southern Chancery Division of
the State of Alabama, made January 20, 1853.
Jurisdiction was acquired under the General Act, and deed of the
Governor, dated November 25, 1853, as contemplated by section 3 of
said Act.
MOBILE BAY.
(Islands in)
This reservation comprises two islands between the north point of
Dauphin Island and Cedar Point, at the confluence of Mobile Bay
and Mississippi Sound, declared and set apart by Executive Order,
dated February 9, 1842.
For jurisdiction, see General Act of Cession.
MOBILE NATIONAL CEMETERY.
This reservation, acquired for cemetery purposes, contains in all
116,736 square feet of ground, and is situated in the City of Mobile1.
Title was acquired as follows :
1. Deed from the City of Mobile to the United States, dated May
31, 1866, conveying squares numbered 20 and 24, in what is known as
the " New Graveyard " or " Magnolia Cemetery ; " area of ground
conveyed, 110,976 square feet. Deed recorded in Deed Book No. 27,
N. S., pp. 148-149, of the Probate Eecords of Mobile County.
2. Deed from the City of Mobile to the United States, dated July
30, 1894, conveying a strip of ground south of and adjoining the first-
described tract, containing an area of 5,760 square feet. Deed re-
corded in Deed Vol. 73, pp. 326-327, of the Probate Kecords of Mobile
County,
ALABAMA. 5
Jurisdiction as to first-described tract was ceded by an Act of the
General Assembly of Alabama, as follows :
"Be it enacted, etc., That the State does hereby cede to the United
States all right and title which this State now has to the enclosure
within the limits of Magnolia Cemetery, in the City of Mobile, which
is now occupied as a National Military Cemetery, and does further
cede jurisdiction over said enclosure; Provided, however, That all
civil and criminal process issued from any Court of this State under
authority of law may run and be executed within the bounds of said
National Military Cemetery at Mobile, the same in all respects as if
this act had never been passed." (Approved March 6, 1875.)
FORT MORGAN.
This reservation contains about 493.92 acres, and is situated on
Mobile Point, Baldwin County, on the eastern side of entrance to
Mobile Bay, 33 miles from Mobile.
1. Title to the original reservation was acquired as follows: In-
cluded in the cession by Spain under treaty of 1819, part of Western
Florida. Reserved by Executive order for military purposes Febru-
ary 13, 1844, being part of the public domain.
2. Under decree of the district court of the United States for the
southern district of Alabama, rendered June 13, 1905 (copy of decree
and of the certificate of payment of the award, recorded in record
book No. 9 N S, pages 562-567, probate records of Baldwin County)
and deed from the Navy Cove Harbor and Railroad Company, dated
June 13, 1905 (recorded in record book No. 10 N S, page 275), the
United States acquired two tracts of land, aggregating 171.5 acres,
adjoining the reservation on the East. See G. O. No. 16, W. D.,
January 22, 1906.
Jurisdiction over original reservation was ceded to the United
States by an act of the State Legislature, approved February 18, 1891
(Acts of Alabama, 1891, p. 1293), which provides as follows:
" SECTION 1. Be it enacted, etc., That pursuant to Article One,
Section Eight, Paragraph Seventeen of the Constitution of the United
States, consent to purchase is hereby given, and exclusive jurisdic-
tion ceded, to the United States, over and with respect to all Lands
now, or which may hereafter be, embraced in the military Posts and
Reservations of Mount Vernon Barracks, in Mobile County, and Fort
Morgan, in Baldwin County, so long as the United States shall occupy
the same for public purposes, reserving, however, to the State, a con-
current jurisdiction for the execution within said lands of all process,
civil or criminal, lawfully issued by the Courts of the State and not
incompatible with this cession."
Jurisdiction over the two tracts referred to above ceded by Gov-
ernor's deed of May 21, 1906, under authority of General Act of
Cession.
Revocable Licenses: License June 14, 1888, to the Mobile and Gulf
Telegraph Company to occupy two rooms in the quarters at Fort
Morgan.
License, September 16, 1908, to Mobile Towing & Wrecking Co.
for telegraph line and station.
6 UNITED STATES MILITAKY RESERVATIONS, ETC.
PERDIDO BAY.
(West side of entrance to)
This reservation, situated west of Pensacola, Fla., contains 298.8
acres. A part of the public domain ceded by Spain, it was set apart
and declared for military purposes by Executive Order, dated Febru-
ary 9, 1842.
For jurisdiction, see General Act of Cession.
Revocable lease of entire reservation, dated November 20, 1908, to
J. H. Nunnelee, for five years.
TOWER ISLAND.
This reservation is an island in the Gulf of Mexico off the coast of
Alabama; the deed of cession to which includes all the contiguous
shores, flats and waters within 1,000 yards from low-water mark.
Title to and jurisdiction over this island were ceded by an act of the
General Assembly, approved December 9, 1859, as follows:
" SECTION 1. Be it enacted, etc., That for the purpose of enabling
the United States to carry into effect an act of Congress of March
3rd, 1857, providing for fortifications for the defence of the inner
passes into Mobile Bay (known as Grant's Pass and Pass du Heron)
by building and making such forts, magazines, arsenals, dock-yards,
wharves, and other structures, with their appendages, as may be nec-
essary for the object aforesaid, jurisdiction is hereby ceded to the
United States over the said ' Tower Island,' to include all the con-
tiguous shores, flats, and waters within one thousand yards from low
water mark, and all the right, title and claim which this State may
have in or to the said ' Tower Island ' are hereby granted to the
United States; Provided, however, the jurisdiction ceded by this act
shall not prevent the execution on such ceded premises of process,
civil or criminal, under the authority of this State, nor prevent the
laws of this State from operating over said island, shores, flats, and
waters, saving to the United States security to their property within
the limits of the jurisdiction ceded and exemption of the same, and
of such land and property from taxation under the authority of this
State during the jurisdiction ceded by this act."
See also General Act of Cession.
ALASKA.
The following are the reservations for right of way and stations
for the use of the Signal Corps, U. S. Army, in the operation and
maintenance of military telegraph and cable lines in Alaska :
Right of way. A strip of land 100' wide (50' on each side of center
of telegraph line) along the United States military telegraph lines
from Valdez to Fort Egbert; from Fort Egbert to Boundary; from
Gulkana Station to Fort Gibbon ; from Baker to Rampart ; from Fort
Gibbon to St. Michael; and from Safety Harbor to Fort Davis; with
an aggregate length of over 1400 miles was reserved, subject to private
rights, by Executive Order of May 24, 1905 (G. O. 83, W. D., June 5,
1905), as amended by Executive Order of October 23, 1907 (G. O.
224, W. D., November 5, 1907).
ALASKA. 7
STATIONS.
Birches. Lat. 65° 06', Long. 153° 15'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area : 22.956
acres, more or less.
Cape Fanshaw. Lat 57° 11', Long. 133° 33'. Reserved by Ex-
'ecutive Order of February 26, 1907 (G. O. 49, W. D., March 9, 1907).
A tract of public land at Cape Fanshaw, at the junction of Frederick
Sound and Fanshaw Bay, nearly due east of Sitka.
Chena. Lat. 64° 50', Long. 148° 00'. Reserved by Executive Or-
der of. May 16, 1908 (G. O. 93, W. D., May 27, 1908). Area: 0.46
acre, more or less.
Lease, to Tanana Valley Railroad Company of approximately one-
half of Signal Corps lot for 5 years from July 1, 1910.
Chestochena. Lat. 62° 30', Long. 144° 51'. Reserved by Execu-
tive Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905). Area:
640 acres, more or less.
Circle. Lat. 65° 36', Lon. 144° 04'. Reserved by Executive Or-
der of September 30, 1908 (G. O. 158, W. D., October's, 1908). Area :
0.71 acre, more or less.
Copper Center. Lat. 61° 59', Long. 145° 31'. Reserved by Ex-
ecutive Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905) . Area :
640 acres, more or less.
Cordova. Lat. 60° 33', Long. 145° 43'. Conveyed by deed of
George C. Hazelet, trustee, etc., dated Feb. 1, 1909, and recorded in
Book 3 of Deeds, page 62, of the records of Cordova Precinct. Area,
about 2.066 acres. Accepted in Army Appropriation Act of March
3, 1909.
Delta. Lat. 64° 20', Long. 146° 50'. Reserved by Executive Order
of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area : 96.969 acres,
more or less.
Donnelly's. Lat. 63° 42', Long. 146° 03'. Reserved by Executive
Order of October 23, 1907 (G. O. 224, W. D., November 5, 1907).
Area : 640 acres, more or less.
Fairbanks. Lat. 64° 50', Long. 147° 45'. Reserved by Executive
Order of April 6, 1908 (G. O. 66, W. D., April 29, 1908). Area : 19
acres, more or less.
Lot 25'x50' on Cushman Street, in the town of Fairbanks, donated
to the United States by said Town, and conveyed by deed from Tillie
McChesney to the United States, dated August 23, 1904 ; recorded in
Volume 2 of Deeds, page 189, Recorder's Office, Fairbanks recording
district, August 23, 1904. Conveyance accepted by Act of Congress,
approved May 11, 1908.
Gakona. Lat. 62° 23', Long. 145° 30'. Reserved by Executive
Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905). Area: 640
acres, more or less.
Gibbon, Fort. Lat. 65° 12', Long. 152° 00'. Addition to, for mili-
tary telegraph purposes. Area : 18.25 acres, more or less. See Fort
Gibbon Reservation.
Gulkana. Lat. 62° 18', Long. 145° 39'. Reserved by Executive
Order of November 24, 1908 (G. O. 200, W. D., December 10, 1908).
Area : 2.30 acres, more or less.
Hogan. Lat. 62° 44', Long. 145° 55'. Reserved by Executive
Order of March 3, 1908 (G. O. 34, W. D., March 14, 1908). Area:
640 acres, more or less.
8 UNITED STATES MILITARY RESERVATIONS, ETC.
Hot Springs. Lat. 64° 58', Long. 151° 10'. Keserved by Execu-
tive Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Original
area of 40 acres was reduced by Executive Order of September 27,
1909 (G. O. 208, W. D., October 16, 1909), to 6.1 acres.
Kaltag. Lat. 64° 15', Long. 158° 40'. Eeserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area: 2.766
acres, more or less.
Ketchumstock. Lat. 64° 03', Long. 142° 40'. Reserved by Execu-
tive Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905)". Area:
160 acres, more or less.
Keystone. Lat. 61° 04', Long. 146° 09'. Reserved by Executive
Order of December 7, 1905 (G. O. 208, W. D., December 22, 1905).
Area : 640 acres, more or less.
Kokrines. Lat. 64° 53', Long. 154° 30'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area: 8.262
acres, more or less.
Koyukuk. Lat. 64° 15', Long. 157° 30'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908) . Area : 22.956
acres, more or less.
Louden. Lat. 64° 37', Long. 156° 35'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area:
22.956 acres, more or less.
McCallum's. Lat. 63° 17', Long. 145° 50'. Reserved by Executive
Order of October 23, 1907 (G. O. 224, W. D., November 5, 1907).
Area : 640 acres, more or less.
Melozi. Lat. 64° 44', Long. 155° 28'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area : 18.319
acres, more or less.
Mentasta. Lat. 62° 55', Long. 143° 46'. Reserved by Executive
Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905). Area: 640
acres, more or less.
Minto. Lat. 64° 48', Long. 148° 58'. Reserved by Executive
Order of January 18, 1908 (G. O. 19, W. D., January 31, 1908).
Area : 45.91 acres, more or less.
Montague Point, Lat. 60° 25', Long. 147° 07'. Reserved by
Executive Order of October 26, 1908 (G. O. 176, W. D., November 7,
1908. On Montague Island, Prince William Sound.
Nenana. Lat. 64° 40', Long. 148° 30'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1909) . Area : 51.652
acres, more or less.
Nome. Lat. 64° 30', Long. 165° 23'. Reserved by Executive
Order of February 27, 1909 (G. O. 55, W. D., March 23, 1909).
Blocks Nos. 88, 89 and 122 in the City of Nome.
Northfork. Lat. 64° 28', Long. 142° 10'. Reserved by Executive
Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905). Area: 240
acres, more or less.
Nulato. Lat. 64° 42', Long. 158° 00'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area: 0.821
acre, more or less.
Old Woman. Lat. 64° 05', Long. 159° 40'. Reserved by Execu-
tive Order of September 21, 1905 (G. O. 161, W. D., September 30,
1905), as amended by Executive Order of August 1, 1907 (G. O. 175,
W. D., August 23, 1907) . Area : 29.48 acres, more or less.
ALASKA. 9
Paxsorts. Lat. 63° 04', Long. 145° 51'. Reserved by "Executive
Order of October 23, 1907 (G. O. 224, W. D., November 5, 1907).
(a) Station Reserve. Area: 2.30 acres, more or less, (b) Timber
Reserve. Area : 480 acres, more or less.
Rampart. Lat. 65° 30', Long. 150° 15'. Reserved by Executive
Order of June 15, 1909 (G. O. No. 123, W. D., June 23, 1909). Com-
prises Lots 6, 7, and 8 of Block 5 of the Town of Rampart ; each lot
being 50 feet front by 100 feet in depth. These lots have been occu-
Eied by the United States since 1889, when quitclaim deeds were taken
:om the occupants who were mere squatters thereon — the title re-
maining in the United States.
Rapids. Lat. 65° 16', Long. 150° 45'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area : 21.235
acres, more or less.
Richardson. Lat. 64° 20', Long. 146° 28'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area: 0.327
acre, more or less.
Safety Harbor. Lat. 64° 27', Long. 164° 45'. Reserved by Execu-
tive Order of September 21, 1905 (G. O. 161, W. D., September 30,
1905). Area: 14.776 acres, more or less.
Saina. Lat. 61° 12', Long. 145° 43'. Reserved by Executive
Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905). Area: 640
acres, more or less.
Salcha. Lat. 64° 33', Long. 147° 15'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area: 96.969
acres, more or less.
Seward. Lat. 60° 06', Long. 149° 27'. Reserved by Executive
Order of July 3, 1905 (G. O. 116, W. D., July 19, 1905).
Sitka. Lat. 57° 03', Long. 135° 19'. By Executive Order of April
4, 1908 (G. O. 61, W. D., April 21, 1908), a parcel of land in Sitka,
included in the reservations for public purposes, made on the recom-
mendation of the Secretary of the Interior, dated June 19, 1890, by
Executive Order of June 21, 1890, was transferred from the Navy
Department to the War Department for the purposes of a cable house
and station.
Teikheil. Lat, 61° 25', Long. 145° 20'. Reserved by Executive
Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905). Area: 640
acres, more or less.
Tolovana. Lat. 64° 50', Long. 149° 55'. Reserved by Executive
Order of May 4, 1908 (G. O. 90, W. D., May 23, 1908). Area: 9.848
acres, more or less.
Tonsina. Lat. 61° 40', Long. 145° 17'. Reserved by Executive
Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905). Area: 280
acres, more or less.
Unalaklik. Lat. 63° 45', Long. 160° 48'. Reserved by Executive
Order of February 24, 1906 (G. O. 47, W. D., March 5, 1906). Area:
6.26 acres, more or less.
Valdez. Lat. 61° 07', Long. 146° 17'. Reserved by Executive
Order of March 10, 1903; amended by Executive Order of June 30,
1904 (G. O. 166, W. D., October 26, 1904). Area: 22,946 square feet,
more or less.
Workmans. Lat. 61° 07', Long. 145° 56'. Reserved by Executive
Order of May 24, 1905 (G. O. 83, W. D., June 5, 1905).' Area: 450
acres, more or less, depending on course of military trail and river.
10 UNITED STATES MILITARY RESERVATIONS; ETC.
AMAKNAK ISLAND.
This reservation embraces the whole island, situated in Dutch
Harbor, except the tract of land reserved for light-house purposes by
Executive Order, dated January 13, 1899, and the tract embraced in
amended survey 58 of the North American Commercial Company.
It is part of the original purchase from the Russian Government in
1867, and was set apart and declared for public purposes by Execu-
tive Order, dated April 2, 1901.
Under date of July 9, 1901, the Secretary of War approved the
occupancy by the Interior Department, of a triangular parcel of land
between the light-house tract and the tract of the North American
Commercial Company, for school purposes. Such occupancy, how-
ever, being subject to the condition that should, at any time in the
future, the military situation demand it, the premises be vacated by
the Department of the Interior.
FORT DAVIS.
This reservation is situated at the mouth of the Nome River, about
3| miles from Nome. The title is as follows: By purchase from the
Russian Government in 1867, and set apart by Executive order dated
December 8, 1900.
Revocable Licenses: License, February 27, 1902, to W. H. Rowe to
construct, operate, and maintain a telephone line along the beach or
shore line of the reservation.
License, July 21. 1902. to Chas. G. Horsfall et al. to maintain one
end of the Nome River Bridge upon the reservation.
License, dated December 27, 1905, to the Seward Cooperative
Telephone Company, to construct, operate, and maintain a telephone
line.
DYE A.
This reservation, in the vicinity of Dyea, contains 1,280 acres, and
is situated north of the dock of the Dyea Klondike Transportation
Company. The title is as follows: By purchase from the Russian
Government in 1867, and set apart for military purposes by Execu-
tive Order, dated December 31, 1898.
FORT EGBERT.
This reservation is situated at the mouth of Mission Creek at a
point known as " Eagle City." The title is as follows: By purchase
from the Russian Government in 1867 and set apart for military
purposes by Executive Order, dated June 13, 1899. It was enlarged
by Executive Order, dated March 31, 1900; reduced by Executive
Orders, dated July 23, 1900, and January 25, 1904; and further modi-
fied by Executive Order of March 3, 1906 (G. O. 54, W. D., March
16, 1906), by including additional public lands and excluding a por-
tion of the reservation found to be useless for military purposes — the
latter being placed under control of the Secretary of the Interior
under act of July 5, 1884 (1 Sup. R. S., 453).
ALASKA. 11
Revocable Licenses: License, December 14, 1899, by Commanding
Officer, District of North Alaska, to superintendent of Catholic Mis-
sion to occupy for church and mission purposes the following lots in
Eagle : Lot 5 of block 6 ; western half of lot 4 of block 6 ; lots 7 and
10 of block 6 ; lots 8, 9, 10 and 11 of block 11. License approved by
Secretary of War, February 12, 1900.
License, December 14, 1899, by Commanding Officer, District of
North Alaska, to superintendent of Presbyterian Mission to occupy
for church and mission purposes the following lots in Eagle: All
lots comprised in block 18. License approved by Secretary of War,
February 12, 1900.
License, April 23, 1900, to Emile Quarre to occupy and reside upon
lots 5 and 6 of block 7, Chamberlain's survey of Eagle.
License, April 23, 1900, to Emile Quarre, to occupy, for the pur-
pose of trading and commerce, lots 11, 12 and 13, block 1, and lot 1,
block 8, Chamberlain's survey of Eagle.
License, May 11, 1900, to Agent, North American Transportation
and Trading Company to occupy for mercantile purposes: Lots 2,
12, 13, 14, 15, 16, and a portion of lot 17, in block 8, Chamberlain's
survey of Eagle; also a piece of ground of about 4 lots lying in the
" upper town-site," above the eddy in the Yukon River, which is
improved with fence and cabin, and is intended for an out-of-town
warehouse.
License, March 27, 1901, to members of the Post Exchange, to
erect a building for Post Exchange use.
FORT GIBBON.
This reservation is located at the point where the Tanana River
joins the Yukon. A part of the public lands acquired by purchase
from the Russian Government in 1867, it was set apart for military
purposes by Executive Order, dated July 10, 1899.
This reservation was modified by Executive Order of July 19,
1905 (G. O., 129, W. D., August 3, 1905), by adding thereto a^strip
of land along the eastern boundary, approximately 100 yards in
width, together with the island known as " Bull Island," and by
excluding therefrom other lands as described in said order. The
excluded lands were by the same order transferred to the Secretary
of the Interior for disposition under the act of July 5, 1884 (1 Sup.
R. S., 453), or as may be otherwise provided by law. Area about
38,170 acres.
By Executive order of July 25, 1908 (G. O. 126, W- D., August 10,
1908), an addition of 18.25 acres was made for military telegraph
purposes; the said addition including part of the homestead entry
of Arthur J. Campbell ; which entry was relinquished, as to so much
of the land as is covered by said order, by deed dated March 23, 1908,
and recorded in Vol. 2 of Deeds, page 250, Rampart Recording
District.
JAPONSKI ISLAND.
This reservation embraces the whole island situated directly oppo-
site the town of Sitka. It was reserved by Executive Order, dated
June 21, 1890, for military and naval purposes.
12 UNITED STATES MILITARY RESERVATIONS, ETC.
FORT LI SCUM.
This reservation, originally containing 1,600 acres, is located on the
shore line, at Port Valdez. A part of the public domain acquired by
purchase from the Russian Government in 1867, it was set apart for
military purposes by Executive Order, dated July 18, 1900. By
Executive Order, dated December 31, 1903 (G. O., No. 10, W. D.,
January 14, 1904), the area of the reservation was reduced to 659.89
acres.
Revocable License: License, September 26, 1902, to Louis L. Wil-
liams to construct and use a wagon road across the reservation.
FORT LISCUM TARGET RANGE.
By Executive Order of October 26, 1906 (G. O., No. 186, W. D.,
November 12, 1906), a tract of about 1,700 acres, lying on the glacial
flats of Valdez Glacier, and the mountain side to the west and situated
north of the town of Valdez, was reserved, subject to private rights,
and set part as a target range for the use of the troops of Fort
Liscum.
POINT SPENCER.
This reservation includes the northern end of Point Spencer. The
title is as follows: Part of the original purchase from the Russian
Government by the United States in 1867, and reserved for public
purposes by Executive Order dated January 23, 1900.
Revocable License: License, July 12, 1901, to the Pacific Steam
Whaling Company to occupy for wharf and warehouse purposes a
portion of the sand spit at Point Spencer.
FORT ST. MICHAEL.
This reservation formerly contained* the land known as St. Michael
Island, with all contiguous lands and islands within 100 miles of the
flagstaff of the garrison on that island, October 20, 1897. The title
is as follows: A part of the public domain ceded by Russia to the
United States in 1867, is was declared a military reservation by
Executive Order, dated October 20, 1897. By Executive Order,
dated October 27, 1900, all lands in the limits of Fort St. Michael,
except those embraced wTithin the Island of St. Michael, and all other
lands or islands lying within a radius of 10 miles of the flagstaff of
the post of St. Michael, were placed under the control of the Secre-
tary of the Interior for disposition, under act of Congress, July 5,
1884.
Revocable licenses have been granted to many individuals and cor-
porations to reside and conduct business enterprises on the reservation.
Executive Order of June 8, 1906 (G. O. No. 114, War Department,
June 20, 1906) provided for the relinquishment of the reservation
November 1, 1907, except the tracts therein described as reserved for
(1) "Post of Fort St. Michael;" (2) "Quartermaster's depot and
shipyard;" (3) "Wireless telegraph station;" (4) "Target range
(for collective fire) ;" and rights of way connecting the post reserva-
tion with the reservations for wireless telegraph station and for target
range. The order of June 8, 1906, was revoked by Executive order
ARIZONA. 13
of May 16, 1907 (G. O. 113, W. D., May 24, 1907), so that the reser-
vation stands as fixed by the Executive order of October 27, 1900,
supra.
FORT WILLIAM H. SEWARD.
This post is situated at Haines in the vicinity of Dyea, on Chilkat
Inlet, Alaska. The reservations for the post are the " main reserve,"
area about 4,410 acres; the " clay reserve," area about 5.74 acres; and
the " water reserve " — the metes and bounds of these reserves being
given in the Executive order of April 23, 1909 (G. O. No. 89, W. D.,
May 4, 1909). By Executive order of December 31, 1898, a tract
of about 1,280 acres was reserved ; which tract was enlarged by Execu-
tive order of November 21, 1902, and a reservation made to secure a
clay deposit for making roads. By Executive order of November 27,
1905, a reservation was made for water supply. These several reser-
vations having been inaccurately described, they were redeclared by
Executive order of April 23, 1909, supra, a small addition being made
to the main reserve.
Revocable Licenses : License September 13, 1904, to A. R. Young to
erect a building upon the reservation and to conduct therein a laundry.
License, April 7, 1909, to Board of Home Missions of the Presby-
terian Church in the United States of America, jointly with the Town
of Haines, Alaska, to make connection with and obtain a water supply
for fire and domestic purposes, from the Water Supply System of this
Post.
SKAGWAY.
This reservation contains 466.12 acres situated on Skagway River
near Skagway. The title is as follows: Part of the public domain
ceded by Russia to the United States in 1867, and declared a military
reservation by Executive order dated May 21, 1903.
ARIZONA.
FORT APACHE.
This reservation contains an area of 7,579.75 acres, with metes and
bounds as given in G. O. No. 162, W. D., August 4, 1909. It includes
that portion of the White Mountain Indian Reservation situated in
Townships 4 and 5 North, Range 23 East, Navajo County, restored
to the public domain by Executive Order dated January 26, 1877,
and declared a military reservation by Executive Order dated Feb-
ruary 1, 1877.
Revocable License: License, September 28, 1899, to Charles Ben-
son to establish a milk ranch on the reservation. Subsequently, with
the approval of the Post Commander, Mr. Benson transferred his
improvements to M. Jesus Valasquez.
FORT GRANT.
This reservation contains an area of 42.341 acres, more or less, and
is situated in Townships 8, 9 and 10 South, Ranges 23 and 24 East,
Graham County. Title is as follows: Public lands of the United
States, reserved for military purposes by Executive Order of April
17, 1876. (G. O., Dept. Ariz.. May 17, 1876.)
14 UNITED STATES MILITARY RESERVATIONS, ETC.
By Executive Order, dated October 6, 1906 (G. O. No. 177, War
Department, October 17, 1906), a considerable portion of this res-
ervation was incorporated in the Mount Graham Forest Reserve to
be protected and administered as a forest reserve, but " subject to
the unhampered use of the War Department for military purposes."
Revocable Licenses: License, September 27, 1904. to Mr. and Mrs.
Sam Earls to occupy for residential and laundry purposes Building
No. 41.
License, September 27, 1904, to Mrs. Susan Earls to occupy for
residential and laundry purposes Building No. 41.
License, September 27, 1904, to Marlove S. Deputy to occupy as a
residence and dentist's office the building on the reservation known
as the old hotel building.
License, September 27, 1904, to Chins: Kee to occupy for residen-
tial and laundry purposes a building erected by himself upon the
reservation.
FORT HUACHUCA.
This reservation contains an area of 70 square miles and is situated
in Townships 21, 22, and 23 South, Ranges 19 and 20 (extended),
Cochise County. Title is as follows: Public lands of the United
States reserved for military purposes by Executive Orders of Octo-
ber 29, 1881, and May 14, 1883.
Revocable Licenses: License, September 2, 1904, to Louis Ma Wing
to conduct a restaurant business upon the reservation, heretofore con-
ducted by him under permission of the post commander.
License, September 2, 1904, to Wing; Sing to conduct a laundry
business upon the reservation, heretofore conducted by him under
permission of the post commander.
License, September 2, 1904. to Ma Yu to conduct a laundry busi-
ness upon the reservation, heretofore conducted by him under per-
mission of the post commander.
License, September 2, 1904, to O. Cozby to conduct a photographic
business upon the reservation, heretofore conducted by him under
permission of the post commander.
MILITIA TARGET RANGES.
Near Tucson. This range comprises 'sections 19, 30, and 31, Town-
ship 14 South, Range 15 East, Gila and Salt River Meridian; and was
reserved for use by the organized militia of the Territory of Arizona,
as a rifle range, by Executive Order of November 13, 1909.
Near Phoenix. By order of the Secretary of the Interior of May 11,
1909, the SE. J, section 32; and the SW. J, section 33; Township 2
North, Range 4 East, were restored to the public domain, so far as
affected by certain withdrawals for the reclamation service ; and were
reserved for use as a rifle range for the militia of the Territory of
Arizona. Area : 320 acres.
WHIPPLE BARRACKS.
This reservation contains an area of 1,731.55 acres, and is situated
in Township 14 North, Range 2 West, 1 mile from Prescott, in
Yavapai County.
ARKANSAS. 15
Title is as follows: Public land of the United States, reserved by
Executive Order dated August 31, 1869, as modified by Executive
Order of October 19, 1875. (See G. O. 34, Dept. Arizona, Novem-
ber 23, 1875, relocating and giving boundaries of reservation.)
Easements: Acts of Congress, approved February 28, 1887, granted
a right of way across the reservation to the Prescott and Arizona
Central Railway Company.
Act of Congress approved February 18, 1893, granted a right of
way across the reservation to the Santa Fe, Prescott and Phoenix
Railway Company.
Revocable Licenses: 'License, June 15, 1895, to Private Richard L.
Tea, retired, to construct, maintain, and use a one-room frame house
on the reservation.
License, April 10, 1896, to the Western Union Telegraph Company
to construct a line through the reservation adjacent to the right of
way of the Santa Fe, Prescott and Phoenix Railroad.
License, May 17, 1898, to T. E. Fitzsimmons to dig dirt from a
portion of the reservation for the purpose of making brick.
License, September 7, 1904, to Mrs. Teresa Greenwood, to occupy
one-story frame house, and outbuildings.
License, June 26, 1905, to the Prescott and Mount Union Railway
Company to construct and maintain a line of electric railway.
License, September 23, 1905, to Mr. Charles Bauer to occupy, im-
prove, and maintain an existing dwelling house.
License, March 17, 1906, to the Prescott Electric Company, to main-
tain and operate its existing telephone line.
License, dated December 4, 1909, to The Arizona Power Company
for tower electric transmission line.
WHIPPLE BARRACKS TARGET RANGE.
This reservation contains approximately 1,680 acres and is situated
in Yavapai County.
The title is as follows :
1. Set apart and declared for military purposes by Executive
Order, dated August 18, 1904. (G. O. 154, W. D., Sept. 16, 1904.)
2. Quitclaim deed from the Santa Fe and Pacific Railway Com-
pany, dated April 29, 1904, conveying 760 acres.
3. About 40 acres were added to this reservation by deed dated De-
cember 8, 1904, from John H. Smith, bachelor, and from the city of
Prescott; recorded in Book 69 of Deeds, pages 439-441, records of
Yavapai County, Ariz.; conveying NW. J of SW. J of section 2,
Township 14 N., Range 2 W., Gila and Salt River Meridian. (See
G. O. 13, W. D., February 2, 1905.)-
ARKANSAS.
ARMY AND NAVY GENERAL HOSPITAL.
This reservation contains 20 acres and is situated at Hot Springs.
It was acquired by the Interior Department under acts of Congress
of March 3, 1877 (19 Stat. L., 371), December 16, 1878 (20 id., 258),
and June 16, 1880 (21 id., 289). By act of Congress of June 30, 1882
(22 id., 121), making an appropriation for an "Army and Navy Hos-
16 UNITED STATES MILITAKY KESERVATIONS, ETC.
pital at Hot Springs, Arkansas," it was provided that " such hospital
shall be erected on the government reservation at or near Hot Springs,
Arkansas."
FAYETTEVILLE NATIONAL CEMETERY.
This reservation contains an area of 6.63 acres, and is situated near
Fayetteville, in Washington County. Title is as follows :
Tract A. Deed from David Walker, dated May 20, 1867, and
recorded May 27, 1867, in Deed Record Q, page 268, of the records
of deeds at Fayetteville, Washington County.
Tract B. Deed from Stephen K. Stone and wife, dated June 14,
1867, and recorded July 26, 1867, in Deed Record Q, page 341, of
same records.
Tract C. Deed from David Walker, dated March 2, 1875, and
recorded May 14, 1875, in Desd Record Y, page 413, of same records.
Tract D. Deed from Stephen K. Stone and wife, dated April 8,
1873, and recorded August 27, 1873, in Deed Record X, page 195, of
same records. Deed from Stephen K. Stone and wife, dated Feb-
ruary 3, 1875 (rectifying mistake in deed of April 8, 1873), recorded
March 16, 1875, in Deed Record Y, pages 315-316, of same records.
Jurisdiction was ceded over National Cemeteries by the following
act of the State Legislature, approved February 21, 1867, as follows :
"An act concerning National Cemeteries: Whereas by a resolution
of Congress approved April 13, 1866, the Secretary of War was
authorized and required to take immediate measures to preserve from
desecration the graves of the soldiers of the United States who fell in
battle, or died of disease in the field, and in the hospital, during the
war of the rebellion, and to secure suitable burial places in which
they may be properly interred ; And Whereas, The Secretary of War
is about to purchase suitable grounds within the limits of this State
for the establishment thereon of ' National Cemeteries,' within which
are to be buried the bodies of those described in said resolution, And
Whereas, It is provided in Paragraph 1059, United States Army
Regulations as revised A. D. 1863, that previous to the expenditure
of any money, in the purchase of any land within any State of the
United States for the use of the General Government, the Legisla-
ture of the State within which such purchase shall be made, shall first
cede all jurisdiction over such land.
" SECTION 1. Be it therefore enacted, etc., That the jurisdiction of
this State within and over all lands purchased by the United States,
on which such National Cemeteries may be established within the
limits of this State, shall be and the same is hereby ceded to the
United States so far as the permanent inclosures of such ' National
Cemeteries ' may extend and no farther."
HOT SPRINGS RESERVATION.
See Army and Navy General Hospital.
LITTLE ROCK NATIONAL CEMETERY.
This reservation contains an area of 12.12 acres; is part of S. E. |
of Section 11, Township 1 North, Range 12 West, and is situated near
Little Rock, in Pulaski County. Title is as follows :
AKKANSAS. 17
1. Deed from the City of Little Rock, dated September 18, 1866,
conveying 9.10 acres within the inclosure of Oakland Cemetery.
Deed not recorded.
2. Deed from the City of Little Rock, dated April 9, 1868, em-
braces the 9.10 acres above described as purchased September 18,
1866, together with 3.02 acres recently purchased, making a total of
12.12 acres. Recorded January 7, 1869, in Record Book No. 2, pages
302-306, of the deed records of Little Rock, Pulaski County.
Jurisdiction : See Fayetteville National Cemetery.
FORT LOGAN H. ROOTS.
This reservation contains, after deducting reserved tracts, an area
of 1,070 acres, and is a part of Sections 20, 21, 28 and 29, Township
2 North, Range 12 West, in Pulaski County, near Little Rock.
Title is as follows: (The site was purchased under authority of an
act of Congress entitled "An Act to establish a Military Post near
Little Rock, Arkansas," approved A.pril 23, 1892). Deed from Board
of Improvements for City Park, District of Little Rock, Ark., dated
February 18, 1893 ; recorded March 18, 1893, in Record Deed Book
38, page 613, Deed Records of Pulaski County. The purchase and
transfer accepted and approved under the Act of Congress (supra)
by the Secretary of War, March 2, 1893.
The consent to the purchase of and jurisdiction over said lands was
ceded to the United States, by an Act of the State Legislature, ap-
proved February 25, 1893, which provides as follows:
" SECTION 1. The consent of the State of Arkansas is hereby granted
to the United States of America to purchase or acquire real property
of not more than fifteen hundred acres in extent, in Pulaski County,
in said State, for the purpose of a military post, fort, arsenal or
reservation.
"SEC. 2. Exclusive jurisdiction over such military post, fort, arse-
nal or reservation, and the territory thereof, is hereby ceded and
granted to the said United States to be exercised so long as the same
shall remain the property of the said United States.
" SEC. 3. The State of Arkansas hereby releases and relinquishes
her right to tax said site and all improvements thereon during the
time the said United States shall be and remain the owner thereof;
Provided, That this grant of jurisdiction shall not prevent the execu-
tion of any process of the State, civil or criminal, on any person who
may be on said reservation or premises." (Acts of Arkansas, 1893,
p. 52.)
The reservation was designated Fort Logan H. Roots by direction
of the President April 27, 1897.
Easement. — A condition of the conveyance from the Board of Im-
provement reserved a right of way for a public highway and a rail-
road switch. Definite location of railroad switch approved by the
Secretary of War, August 26, 1903.
Revocable licenses: License, October 29, 1896, to the Home Water
Company to enter upon the reservation and lay a 6-inch water main.
License, September 20, 1905, to the Big Rock Stone and Construc-
tion Company to occupy a small strip of land adjoining its property
on the reservation, and operate a stone crusher.
16809—10 2
18 UNITED STATES MILITARY RESERVATIONS, ETC.
FORT SMITH NATIONAL CEMETERY.
This leservation contains an area of 15 acres, and is situated near
Fort Smith in Sebastian County (formerly part of Crawford
County).
Title is as follows: Deed from John Rogers and wife, dated June
17, 1838 (for 306 acres), and recorded in the office of the Clerk of the
Circuit Court and Recorder of Crawford County, June 18, 1838.
(Book and page not given.) Sebastian County having been organ-
ized to include this part of Crawford County since the date of said
deed, consult records of deeds of Sebastian County at Fort Smith
also. The above lands ordered transferred to the Secretary of the
Interior as a part of the public domain for disposition under the land
laws. (See act of Congress approved February 24, 1871.) The 15
acres above described as the Fort Smith National Cemetery reserved
from sale and restored to the custody of the War Department by
Executive Order dated May 22, 1871.
For jurisdiction see Fayetteville National Cemetery.
CALIFORNIA.
GENETAL ACTS OF CESSION.
" The people, &c., do enact as follows:
" SECTION 1. The State of California hereby cedes to the United
States of America exclusive jurisdiction over all lands within this
State now held, occupied, or reserved by the Government of the
United States for military purposes or defence, or which may here-
after be ceded or conveyed to said United States for such purposes;
Provided, That a sufficient description by metes and bounds and a
map or plat of such lands be filed in the proper office of record in
the county in which the same are situated; And provided further,
That this State reserves the right to serve and execute on said lands
all civil process, not incompatible with this cession, and such criminal
process as may lawfully issue under the authority of this State
against any person or persons charged with crimes committed without
said lands." (Approved March 2, 1897. Cal. Stats., 1897, p. 51.)
SECTION 1. All the right and title of the State of California in and
to the parcels of land extending from high-water mark out to three
hundred yards beyond low-water mark, lying adjacent and contigu-
ous to such lands of the United States in this State as lie upon tidal
waters and are held, occupied, or reserved for military purposes or
defense, lying adjacent and contiguous to any island, the title to
which is in the United States, or which island is reserved by the
United States for any military or naval purposes or for defense, are
hereby granted, released, and ceded to the United States of America ;
the boundaries of each parcel of land hereby granted, released, and
ceded to the United States to be a line along high-water mark, a
line three hundred yards out beyond low-water mark, and lines at
right angles to high- water mark at the points where the boundaries
of the adjacent lands of the United States touch high- water mark:
Provided, That the title to each parcel of land hereby granted, re-
leased, and ceded to the United States shall be, and remain in the
United States only so long as the United States shall continue to hold
CALIFORNIA. 19
and own the adjacent lands now belonging to the United States: And
provided further, That this State reserves the right to serve and
execute on said lands all civil process, not incompatible with this
cession, and such criminal process as may lawfully issue under the
authority of this State against any person or persons charged with
crimes committed without said lands. (Approved March 9, 1897;
Cal. Stats., 1897, p. 74.)
ALCATRAZ ISLAND.
^ This reservation, containing about 12 acres of land, is an island in
San Francisco Bay, 4 miles Northeast of the City of San Francisco.
Title is as follows : Part of the Public Domain and reserved there-
from for military purposes by Executive Order dated November 6,
1850. Title to certain tide-water lands, etc., was ceded by State
March 9, 1897. Jurisdiction was ceded by an act of the State legisla-
ture, approved March 2, 1897, for which see General Acts of Cession.
FORTS BAKER AND BARRY.
By General Orders 194, W. D., December 27, 1904, Fort Baker was
divided by " the true north and south line running through Point
Diablo " — the eastern portion to retain the name of Fort Baker1, and
the western portion (known as Point Bonita) to be named Fort
Barry, in honor of Brevet Maj. Gen. William F. Barry, U. S. Army,
who died July 18, 1879.
These reservations contain 1,899.66 acres with metes and bounds as
announced in G. O. 43, W. D., March 30, 1908, and are situated on,
and embrace, the North side of the " Golden Gate " or entrance to the
Harbor of San Francisco, in Marin County.
Title is as follows: Deed from Samuel R. Throckmorton, dated
July 24, 1866, and recorded July 24, 1866, in Liber F, pages 127-130,
of the records of deeds of Marin County.
See also Act of the State Legislature approved March 9, 1897, as to
lands below high-water line.
Jurisdiction: The State Legislature ceded jurisdiction over these
reservations by act approved April 16, 1859, as follows :
" SECTION 1. Jurisdiction is hereby ceded to the United States over
any such tract or tracts of land at or near Lime Point Bluff, on the
northern side of the harbor of San Francisco, as may be acquired by
the United States for the purpose of Military defence, and over all
the contiguous shores, flats, and waters, within five hundred yards
from low-water mark; Provided, That this State shall retain a con-
current Jurisdiction with the United States, in and over the premises
in question, so far as that all civil processes, not incompatible with
the full constitutional authority of the United States, and criminal
process as may lawfully issue under the authority of this State,
against any person or persons charged with crimes committed without
the premises aforesaid, may be executed therein, in the same way and
manner as if Jurisdiction had not been ceded as aforesaid, except so
far as such process may affect the real or personal property of the
United States.
" SEC. 2. The premises over which Jurisdiction is ceded by this Act,
and all structures and other property thereon, belonging to the United
States, shall be exonerated and discharged from all taxes and assess-
20 UNITED STATES MILITARY RESERVATIONS, ETC.
ments which may be laid or imposed under the authority of this
State, while said premises shall remain the property of the United
States, and shall be used for the purposes intended by this Act."
Exclusive jurisdiction was ceded by act of the State Legislature,
approved March 2, 1897. See General Acts of Cession.
Easement: By Act of Congress, approved July 2, 1894, the citizens
of the town of Sausalito were granted the right to occupy and im-
prove for the purposes of a roadway a certain portion of the reserva-
tion. The Secretary of War approved the plans and specifications
and designated the location of the proposed work, October 9, 1894.
Revocable Licenses: License, November 29, 1879, to Coast and Geo-
detic Survey to occupy site, containing 1 acre, more or less, for tide-
gauge-keeper's dwelling and garden.
License, March 5, 1903, to Treasury Department to use extreme
southern part of Point Bonita for light-house establishment.
License, July 18, 1905, to the United States Life-Saving Service to
dig a well and locate a shelter and engine, for the purpose of supply-
ing the Point Bonito life-saving station with water.
See, license, dated May H, 1909, to Pacific Telephone and Tele-
graph Company under Presidio of San Francisco.
BENICIA.
(Reservation of Post and Arsenal.)
That portion set apart for a Post or Barracks contains 92.54 acres,
and the Arsenal portion 252.36 acres. Total, 344.90 acres. This reser-
vation is situated on Suisun Bay and the Straits of Carquinez, in
Solano County.
Title is as follows: The reservation for military purposes was de-
clared by Executive Order dated October 10, 1862. Title to land
below high-water line was ceded by the State March 9, 1897.
An attempt was made to convey title to the United States by—
1. Deed from Robert Semple and wife and others, dated April 16,
1849, and recorded July 5, 1849, in Book C, pages 295-296, of Records
by L. W. Boggs, Alcalde for Sonoma. Also recorded in Benicia,
November 19, 1849, in Book A, pages 460-461, of the records of
Solano County.
2. Deed from Mariano G. Vallejo (Deed of Release), dated Decem-
ber 27, 1854; not recorded.
3. Deed of Release from Thomas O. Larkin, dated December 30,
1854, and recorded January 24, 1855, in Book I, page 347, of the
Deed Records of Solano County.
4. Deed of Release from Bethnel Phelps, dated January 20, 1855,
and recorded January 20, 1855, in Book H, pages 340-341, of same
records.
The above-named grantors having derived title by deed from Gen-
eral M. G. Vallejo, who claimed it under the so-called " Suscol "
grant from Mexico, which grant was rejected by the Supreme Court
of the United States, could pass no good or valid title to the United
States. The fee simple was, therefore, in the United States by virtue
of the treaty of Guadalupe Hidalgo, it having never parted with it.
Jurisdiction was made " exclusive " and certain by the Act of the
State Legislature approved March 2, 1897.
See General Acts of Cession.
CALIFORNIA. 21
Easement: By Act of Congress, approved May 24, 1876, a condi-
tional right of way through the reservation, not exceeding 100 feet in
width, was granted to the Northern Railway Company.
THE BROTHERS AND SISTERS AND MARIN ISLANDS.
'The area of these islands is unknown. The description is as fol-
lows : " The Brothers " consist of two rocky islets, having a channel
between them, situated near Point San Pablo. " The Sisters " con-
sist of two small islands near Point San Pedro. "The Marin
Islands " consist of two rocky islets, having a channel between them,
and are situated west of " The Brothers " at the entrance to San
Pablo Bay. All commanding the entrance to San Pablo Bay.
Title is as follows: Part of the Public Domain and reserved for
military purposes by Executive Order, dated October 25, 1867.
See Act of State Legislature of March 9, 1897, for tide- water lands,
etc., and for jurisdiction see General Acts of Cession.
Revocable License: License, February 28, 1873, to Treasur}^ De-
partment to use the easterly island of " The Brothers " for light-house
purposes.
CORONADO BEACH.
This reservation contains 40.63 acres, and is situated If miles south-
east of Coronado Beach, on San Diego Peninsula or Island, a sand
spit whose connection with the mainland is frequently breached dur-
ing high tides.
The title is as follows:
Deed from the Coronado Beach Company, dated February 9, 1897,
conveying 40.63 acres. Recorded in Book 262, page 145, of the rec-
ords of San Diego County.
(See also Fort Pio Pico.)
For jurisdiction, see General Acts of Cession.
Surveyed as Lot No. 1, Section 19, Township 5 South, Range 13
West, San Bernardino Meridian of California (Dead Man's Island).
Title is as follows: Part of Public Domain and reserved for mili-
tary and other purposes by Executive Order dated March 15, 1872.
See also act of State Legislature, approved March 9, 1897, as to
tide- water lands, etc., and for jurisdiction, see General Acts of Cession.
LACUNA MERCED.
This reservation contains 41.4 acres, and is situated in the city and
county of San Francisco. The title is as follows:
Decree of condemnation for 41.4 acres, in the Circuit Court of the
United States, for the Northern District of California, in cause No.
12,908, entitled the "United States v. The Spring Valley Water
Works et al." Decree rendered May 29, 1901, and filed the same day
in the Clerk's Office of said Court.
For jurisdiction, see General Acts of Cession.
22 UNITED STATES MILITARY RESERVATIONS, ETC.
FORT MASON.
This reservation contains about 55.5 acres, aside from the sub-
merged lands acquired under decrees and deeds hereinafter specified
(area about 13 acres), and of submerged lands covered by Act of
March 9, 1897, infra. It is situated at Point San Jose or Black
Point on south side of Bay of San Francisco, opposite Alcatraz
Island, and is within the limits of the City of San Francisco.
Title is as follows : Part of Public Domain and reserved by Execu-
tive Order, dated November 6, 1850, modified as to present limits by
Executive Order, December 31, 1851, and as further modified by
Act of Congress, approved July 1, 1870. (See U. S. Stats, at Large,
Vol. 16, Chap. 197, p. 186.) See also act of State Legislature, ap-
proved March 9, 1897, ceding title to tide-water lands, etc.
Jurisdiction was ceded by Act of State Legislature, approved
March 2, 1897. See General Acts of Cession.
About 13 acres of submerged land in front of Fort Mason, lying
between the original " Pueblo line " and the northern boundary line
of the City and County of San Francisco (see G. O. No. 2, W. D.,
January 8, 1910), were acquired by decree in condemnation proceed-
ings and conveyances as follows:
1. Decree of Condemnation of the Circuit Court of the United
States, Ninth Circuit, Northern District of California, in the case
of the United States v. Vanderbilt, et al., rendered February 3, 1909,
covering about 11 acres conveyed by the following deeds:
(a) Deed from Theresa Alice Oelrichs, dated January 11, 1909;
and quitclaim deed of James S. Angus, dated January 14, 1909, con-
veying about 1.66 acres; recorded in the Office of the County Re-
corder " New Recorded Series ", respectively, in Liber 255 of Deeds,
page 167, and Liber 267, page 37.
(b) Deed of Ellen Dore, et al., dated January 22, 1909, conveying
about 9 J acres ; recorded in Liber 269, page 32, of same records.
2. Decree of condemnation in same cause, rendered September 3,
1909, covering 1.56 acres of submerged lands; also following deeds:
(a) Deed from George L. Sharpe and wife, August 6, 1909, con-
veying 1.21 acres of lands, covered by said decree. Recorded in liber
314, page 325 of same records.
(b) Deed from William Giselman, trustee, dated August 6, 1909,
to same premises. Recorded in liber 325, page 193 of same records.
(c) Deed from Elizabeth B. Fremont et al., dated May 29, 1909,
to same premises. Recorded in liber 308, page 361 of same records.
Easement: Right of way across this reservation granted to the
Southern Pacific Co. by Act of Congress approved January 8, 1909
(G. O. 6, W. D., Jan. 15,1909).
FORT MCDOWELL.
This reservation, containing about 640 acres, is situated on Angel
Island in San Francisco Bay about 7 miles to the northeast of the
City of San Francisco. A part of the public domain, it was reserved
for military purposes by Executive Orders, dated November 6, 1850.
and April 20, 1860. The title to certain tide-water lands, etc., was
ceded by the State March 9, 1897.
For jurisdiction and title to lands below high- water mark, see
General Acts of Cession.
CALIFORNIA. 23
The Secretary of War, July 8, 1905, and April 6, 1909, transferred
to the Department of Commerce and Labor two parcels of land on
Angel Island, aggregating about 14 acres, for the purposes of an im-
migration detention station.
Revocable Licenses: License, June 2, 1885, to the Treasury De-
partment to use a portion of the reservation for a fog station and
keeper's dwelling.
License, December 22, 1888, to Treasury Department in accord-
ance with Act of August 1, 1888, to use a portion of the reservation
known as Hospital Cove on Raccoon Straits, containing about 10
acres, as a quarantine station.
License, September 13, 1904, to J. D. Givens to maintain and
occupy for the conduct of a photographic business, the temporary
building erected by him upon the reservation.
License, September 13, 1904, to The Joint Ticket Agency, Railroads
of San Francisco, to conduct a railroad ticket office and express office
upon the reservation.
License, March 22, 1905, to Mr. Nathan Price to continue the busi-
ness of selling vegetables and fruits, in the building erected by him
under authority of Commanding Officer, dated Nov. 15, 1901.
License, dated August 5, 1909, to Mrs. Elizabeth G. Randol to
occupy for residential purposes, and maintain therein an officers'
mess, a set of officers' quarters.
FORT MILEY.
(Point Lobos.)
This reservation contains 54.05 acres, with metes and bounds as
announced in G. O. 77, W. D., April 17, 1906. It is situated in the"
City and County of San Francisco, near the Golden Gate Cemetery.
Title is as follows: Decree and Order of condemnation for coast
defenses and fortifications in the Circuit Court, Ninth Circuit, North-
ern District of California, dated January 23, 1893, in case of the
United States v. The City and County of San Francisco, etc. De-
cree filed and recorded in the office of the County Recorder of the
City and County of San Francisco, January 27, 1893, and recorded
in Liber 1548 of Deeds, page 100.
A right of way for a sewer outlet was conveyed as follows: Deed
from Emma L. Merritt and W. R. H. Adamson, Executors, to the
United States, dated March 17, 1902, conveying a right of way.
Recorded in Liber 1936, page 427, of the records of the City and
County of San Francisco.
A right of way for new sewer between Fort Miley and the Pacific
Ocean, at a point known as " Lands End," was conveyed by Emma L.
Merritt, executrix, by deed dated December 1, 1905 ; recorded in Liber
2162, Deeds, page 187, of same records.
Rights of way for telephone and mining cables or conduits to con-
nect reservation with Fort Winfield Scott were conveyed by deeds
from Spring Valley Water Co., dated December 10, 1908, recorded in
Liber 239, Deeds, page 139, and from the Boston Investment Com-
pany, dated December 22, 1909, recorded in Liber 339, page 351.
For Jurisdiction see General Acts of Cession.
24 UNITED STATES MILITAKY RESERVATIONS, ETC.
FORT PIO PICO.
(Zuninga Shoal Tract.)
By General Orders No. 20, W. D., January 25, 1906, the military
reservation at North Coronado Beach Island was named Fort Pio
Pico, in honor of Pio Pico, Governor of California under Mexican
sovereignty.
This reservation contains 57.41 acres and is situated on the south-
west extremity of the Peninsula or Island of San Diego, a sand spit
whose connection with the main land is frequently breached during
high tides. (See also Coronado Beach.)
The title is as follows :
1. Decree of condemnation for 18.85 acres in cause 314, entitled
" The United States v. The Coronado Beach Company et al." in the
Circuit Court of the United States for the Southern District of Cali-
fornia. Decree rendered June 22, 1892, and filed the same day in the
Clerk's Office of said Court.
2. Deed from the Coronado Beach Company, dated April 15, 1893,
conveying above tract. Recorded in Book 211, page 381, of the
records of San Diego County.
(The above tract (18.85 acres) was originally acquired for river
and harbor purposes.)
3. Deed from the Coronado Beach Company, dated June 11, 1901,
conveying 38.56 acres and certain accretions to tract mentioned in
No. 1, supra. Recorded in Book 312, page 187, of same records.
4. Quitclaim Deed from same, June 11, 1901, for same tract. Re-
corded in Book 262, page 145, of same records.
For jurisdiction, see General Acts of Cession.
MOLATE ISLAND.
(Red Rock.)
This island contains 7.52 acres, and is situated in the Bay of San
Francisco, near its junction with the Bay of San Pablo, and is in
Section 17, Township 1 North, Range 5 West, Mount Diablo Me-
ridian.
The title is as follows : Reserved by Executive Order, dated Octo-
ber 21, 1882. See also act of State Legislature, approved March 9,
1897, as to tide-water lands, etc.
For jurisdiction, see General Acts of Cession.
PRESIDIO OF MONTEREY.
This reservation contains 398.13 acres above low -water mark, with
metes and bounds as announced in G. O. 34, W. D., March 14, 1908,
and is situated partly within the city limits of Monterey, overlooking
the bay, in Monterey County. The title is as follows :
Occupied as a military post by the Spanish Government as early as
1772. Mexico succeeded Spain, and by treaty with Mexico the
United States succeeded to the title and took possession.
By Executive order, dated November 23, 1866, the reservation was
made to include about 158.14 acres, according to the Warner Survey.
CALIFORNIA. 25
Through an error in a subsequent survey (the Foreman Survey) the
reservation as occupied included only about 140 acres.
The reservation was enlarged to its present area by purchases in
1903 and 1906, as follows :
1. Deed of David Jacks and wife, dated March 21, 1903, recorded
in Vol. — , page — , of the Deed Records of Monterey County ; con-
veying 104.17 acres. This tract includes some lands which, accord-
ing to the Warner Survey, belong to the military reservation.
2. Deed from David Jacks and wife, dated January 20, 1906,
recorded in Vol. 99, page 239, of said records ; conveying 153.85 acres.
For jurisdiction and title to lands below high- water mark see Gen-
eral Acts of Cession.
Revocable Licenses^. License (in form of agreement), June 14, 1889,
to the Southern Pacific Railway Company to construct line of track
across the reservation.
License, July 15, 1890, to Jane L. Stanford to erect a monument to
Father Junipero Serra, Indian missionary, upon the reservation.
License, March 31, 1903, to the Monterey Gas and Electric Com-
pany to run its line of wires upon the reservation.
License, December 23, 1903, to the Pacific Improvement Company
to lay and maintain a twelve-inch water main across the reservation.
License, March 15, 1904, to the Monterey and Pacific Grove Rail-
way Company to construct, operate and maintain an electric street
car line across the reservation.
License, May 5, 1904, to Mrs. King to occupy small house near the
tracks of the S. P. R. R. Co.
License, November 1, 1904, to Coalinga Oil Transportation Com-
pany to lay and maintain a 6-inch pipe.
License, December 12, 1904, to Pacific Improvement Company to
maintain its existing 16-inch pipe along and upon Pacific Street.
License, December 12, 1904, to Monterey and Pacific Grove Rail-
way Company to maintain its existing electric street railway upon
and along Pacific Street.
License, January 3, 1905, to city of Monterey, to maintain road
known as Light-house avenue where same crosses southern extremity
of reservation.
License, August 15, 1907, to Pacific Improvement Company for
electric supply line along north boundary.
PRESIDIO OF SAN FRANCISCO.
This reservation contains 1,479.94 acres above high- water mark,
with metes and bounds as announced in G. O. 189, W. D., September
11, 1907, and is situated in the northwest suburbs of San Francisco,
on the southern margin of the harbor of San Francisco.
Title is as follows : Established as a military post by the Spanish ;
exact date unknown. Continued as a military post by Mexico, suc-
cessor to Spain, and by Mexico ceded to the United States by treaty.
Reserved for military purposes by Executive Order dated November
6, 1850, afterwards modified by Executive Order dated December 31,
1851. See also act of State Legislature, approved March 9, 1897, as
to tide-water lands, etc.
" Exclusive " jurisdiction ceded by act of State Legislature ap-
proved March 2, 1897, for which see General Acts of Cession.
26 UNITED STATES MILITARY RESERVATIONS, ETC.
Revocable Licenses. — License' (in form of agreement), April 7,
1881, to the Presidio Railroad Company to extend its tracks upon the
reservation.
License, January 21, 1888, to the Treasury Department to use a
portion of the reservation for life-saving purposes.
License, March 11, 1891, to the Treasury Department, to erect a
tower at Fort Point and to permit surfmen in discharge of their
duties to pass in and out and over the reservation.
License, June 3, 1892, to the Presidio and Ferries Railroad Com-
pany to construct, maintain and operate their line of cable railway
on the reservation.
License, July 22, 1895, to the Treasury Department to lay a water
pipe on the reservation for the use of the Fort Point life-saving
station.
License, June 19, 1900, to Mary Holt Rose to extend her cottage so
as to project one and one-half feet over and beyond the wall of the
reservation. Addition authorized by License, December 13, 1907.
License, October 31, 1900, to the Western Union Telegraph Com-
pany to make changes in the location of its telegraph line on the
reservation.
License, May 7, 1901, to Bruce Porter to extend his cottage so as to
project over the wall and about 3 feet beyond the reservation line.
License, March 28, 1902, to Bernard Faymonville to extend his
cottage so as to project over the wall and about 3 feet beyond the
reservation line.
License, January 11, 1905, to H. S. Ballard, tide observer, Coast
and Geodetic Survey, to build and occupy a small dwelling house.
License, November 16, 1905, to J. D. Givens, to maintain and
occupy, for photographic business, the temporary building erected by
him under permission of the department commander.
License, April 7, 1908, to Joseph Nash for window of his residence,
projecting over reservation wall.
License, May 11, 1909, to the Pacific Telephone and Telegraph
Company, to construct, operate and maintain lines and cable landings
on this reservation : also on military reservations of Fort Baker and
Yerba Buena.
Easement: The Marine Hospital building is located on a portion of
this reservation under authority of Act of Congress, approved Janu-
ary 28, 18T3 (17 Stat. L., 420).
FORT ROSECRANS. ( POINT LOMA AND BALLAST POINT.)
This reservation, containing 940.3 acres, consists of that portion of
the peninsula lying on the west side of the entrance to San Diego
Harbor (except two small tracts set aside for light-house purposes —
one at Ballast Point and the other at the south end of reservation),
included between the southernmost point of the peninsula (Point
Loma) and a line drawn across said peninsula from the harbor to the
ocean at the distance of 1^ miles above Punta de Guiranos.
Title is as follows : Passed under the treaty of Guadalupe Hidalgo,
concluded February 2, 1848, to the United States. Reserved for mili-
tary purposes by Executive Order dated February 26, 1852. The
tract reserved contained about 1,300.42 acres; but the northern por-
tion was transferred to the Navy Department, for a coaling station,
CALIFORNIA. 27
September 24, 1901; leaving the area as above stated. See also act
of the State Legislature approved March 9, 1897, as to tide-water
lands, etc.
For jurisdiction, see General Acts of Cession.
Revocable Licenses. — License, May 14, 1889, to the Treasury Depart-
ment to occupy a portion of the reservation for light-house purposes.
License, December 28, 1909, to San Diego Consolidated Gas and
Electric Company for pole electric-light line.
SAN DIEGO BARRACKS.
This reservation consists of one-half of Block 18, all of Block 31,
Lots E and F of Block 44 in New San Diego, all of Block 156 in
Middletown, and a wharf lot 75 by 1000 feet. Total area of the
reservation, including submerged lands pertaining to Block 18 and
the wharf lot, 325,000 square feet. Situate in the city of San Diego,
California. The title is as follows:
1. Deed from William H. Davis and wife, dated September 12,
1850, for tract K in Block 31, Lot No. 3 in Block 18, and G, B and
C in Block No. 39, recorded January 21, 1870, in Deed Record No. 8,
page 146, of deed records of San Diego County.
2. Deed from George F. Hooper, William H. Davis and wife,
dated September 12, 1850, for tracts I in Block 31, and L in Block
39, recorded January 21, 1870, in Deed Record No. 8, page 148, of
same records.
3. Deed from Thomas W. Sutherland, Guardian ad litem for the
heirs of Miguel de Pedrorena, dated September 12, 1850, for tracts
D, in Block 31, and A and J, in Block 39, recorded January 21,
1870, in Deed Record No. 8, page 144, of same records.
4. Deeds from Andrew B. Gray, dated September 12, 1850, and
September 14, 1850, for tracts A, F, and L in Block 31 ; Lots 2 and 6
in Block 18 ; and tracts D, E, F, H, and K in Block 39. Recorded,
respectively, September 15, 1850, in Deed Book O, page 251, and
January 21, 1870, in Deed Record No. 8, page 145, of same records.
5. Deed from Thomas D. Johns, dated September 12, 1850, for
tracts G, H and C, in Block 31, recorded January 17, 1870, in Deed
Record No. 8, page 145, of same records.
6. Deed from Jose A. Aquirre and wife, dated September 12, 1850,
for tracts E and J, in Block 31 ; Lot No. 1, in Block 18, and tract I,
in Block 39, recorded January 21, 1870, in Deed Record No. 8, page
147, of same records.
7. Deed from Jose A. Aquirre and wife, William H. Davis and
wife, Andrew B. Gray, Thomas D. Johns, George F. Hooper, Maria
A. de Pedrorena, Victoria de Pedrorena, Miguel de Pedrorena, Ysa-
bel de Pedrorena, and Eleva de Pedrorena, minor heirs of Miguel de
Pedrorena, deceased, by Thomas W. Sutherland, their guardian ad
litem, dated September 12, 1850, for Lots 4, 5, 7, 8, 9, 10, 11, 12, 13.
14, 15, 16, 17, 18 and 19, in Block 18, and tract B, in Block 31. Re-
corded January 21, 1870, in Deed Record No. 8, page 143, of same
records.
The following tracts have been acquired by the Treasury Depart-
ment for the War Department under authority of the Act of Con-
gress, approved May 30, 1908 (35 Stat. L., 539), and were formally
assigned and transferred to the War Department by instrument of
28 UNITED STATES MILITARY RESERVATIONS, ETC.
August 2, 1909, in exchange for Block 39, which was assigned and
transferred to the Treasury Department by instrument dated July
22, 1909, under authority of said Act :
8. Deed from H. C. Riordon, single, dated March 19, 1909, convey-
ing all of Lots E and F in Block 44 of New San Diego; containing
10,000 square feet. Recorded in Book 467, page 123, of same records.
9. Deed from Elizabeth Babcock, et vir, dated March 19, 1909, con-
veying all of Block 156 (Middletown), containing 60,000 square
feet. Recorded in Book 467, page 124, of same records.
See also act of State Legislature approved March 9, 1897, as to
tidewater lands, etc., so far as it affects wharf property herein.
For jurisdiction see General Acts of Cession. Plats and descrip-
tions of record in the proper office as required by said acts.
SAN FRANCISCO NATIONAL CEMETERY.
This reservation contains 9.5 acres. Formerly part of the military
reservation of the Presido of San Francisco, and includes the Post
Cemetery. Set apart December 12, 1884, by order of the Secretary
of War, as a cemetery of the fourth class, to be known and desig-
nated as the San Francisco National Cemetery.
For title, see Presidio of San Francisco; and for jurisdiction, see
General Acts of Cession.
SAN PEDRO.
This reservation contains about 44.25 acres and is situated on San
Pedro Bay, in Los Angeles County, being part of Section 19, Town-
ship 5 South, Range 13 West, and part of Section 24, Township 5
South, Range 14 West of San Bernardino Meridian.
Title is as follows: Ceded to the United States by Mexico under
the treaty of Guadalupe Hidalgo, concluded February 2, 1848. Re-
served for military purposes by Executive Order dated September 14,
1888. See also act of the State Legislature approved March 9, 1897,
as to tide-water lands, etc.
For jurisdiction see General Acts of Cession.
Revocable license Feby. 24, 1905, to City of San Pedro to construct
and maintain a sewer.
FORT WINFIELD SCOTT.
(Originally part of Presidio Reservation.)
A military post, area unknown, situated on the south side of the
Golden Gate (entrance to Bay of San Francisco).
Title is as follows : As a part of the public domain it was reserved
for military purposes by Executive Order dated November 6, 1850,
and modified December 31, 1851. See also act of the State Legisla-
ture, approved March 9, 1897, as to tide-wTater lands, etc.
See Fort Miley for rights of way for telephone and mining cables.
For jurisdiction see General Acts of Cession.
Revocable Licenses. — License, February 28, 1878, to the Treasury
Department to erect a steam fog signal upon the reservation.
License, September 26, 1883, to the Treasury Department to erect
two small buildings for the keepers of the light at Fort Point.
COLORADO. 29
License, January 21, 1888, to the Treasury Department to occupy a
portion of the reservation for a life-saving station.
License, April 1, 1895, to the Treasury Department to occupy a
portion of the reservation for the purpose of constructing a catch-
water area.
YERBA BTJENA ISLAND (OR GOAT ISLAND).
This reservation formerly contained about 141 acres and is situated
about 2^ miles northeast of the City of San Francisco, in the Bay of
San Francisco.
By Executive Order, dated April 12, 1898, as modified by Execu-
tive Order, dated January 28, 1899, all of the above reservation ex-
cept 8.9 acres was transferred to the Navy Department.
Title is as follows : Reserved by Executive Order of Nov. 6, 1850,
" for public purposes " and excepted from the grant to the City of
San Francisco by act of Congress approved July 1, 1864, and under
the provisions of said act reserved for military purposes by Execu-
tive Order dated October 12, 1866. See also Executive Order dated
November 6, 1850. Deed from Frank M. Pixley to the United
States, dated August 27, 1869, and recorded September 7, 1869, in
Office of County Recorder of the City and County of San Francisco,
in Liber 524 of Deeds, page 14. See also act of the State Legislature
approved March 9, 1897, as to tide-water lands, etc.
For jurisdiction see General Acts of Cession.
License: See, license, dated May 11, 1909, to Pacific Telephone and
Telegraph Company under Presidio of San Francisco.
COLORADO.
FORT LOGAN.
This reservation is situate in Arapahoe County, and contains an
area of 973.08 acres, embracing the subdivisions described in G. O.
37, W. D., March 2, 1909. The original reservation of 635.4 acres
was donated to the United States June 14, 1887, by deed from Charles
B. Kountze, Trustee, recorded October 11, 1887,' in Deed Book 343,
page 415, of the deed records of Arapahoe County.
To perfect the title thereto, a reservation was made by Executive
order, dated September 26, 1887 (G. O. 161, A. G. O., September 29,
1887).
The reservation was acquired under authority of an Act of Con-
gress, approved February 17, 1887, and was announced in G. O. 65,
A. G. O., October 12, 1887.
The reservation was enlarged by the acquisition, under an Act of
Congress, approved May 27, 1908, of 338.4 acres, conveyed to the
United States by the following deeds:
1. Deed of The Rucker Ridge Farm and Investment Company,
dated December 3, 1908, conveying 318.6 acres ; recorded in Book 48,
page 182, of the same records.
2. Deed of Eugene H. Pearson, dated June 30, 1908, conveying
19.8 acres ; recorded in Book 46, page 122, of same records.
Consent of the State to the purchase by the United States was
given by Act of the State Legislature, approved February 1, 1881, as
follows :
30 UNITED STATES MILITARY RESERVATIONS, ETC.
" That the consent of the State is hereby given to the purchase by
the United States, also to the purchase by the United
States of such other lands within this State as its authorities may
from time to time select for the erection of forts, magazines, arsenals,
and other needful buildings."
The Governor of the State, by deed dated June 14, 1887, conveyed
full, complete, and exclusive jurisdiction over the original reservation
in accordance with the terms of an act of the State Legislature ap-
proved March 22, 1887. The act provides as follows :
" SECTION 1. Whenever any officer or officers of the United States,
thereunto duly authorized, shall designate or select a tract of six hun-
dred and forty acres of land at or near the city of Denver, in the
State of Colorado, as and for the site of a military post, and the title
thereto shall have been conveyed and confirmed to the United States
of America by the owner or owners thereof, the Governor of this
State shall make, execute, and deliver to the United States of Amer-
ica a deed, sealed with the great seal of the State of Colorado, and
attested by the Secretary of State, containing apt, meet, and proper
words, clauses, and covenants, to fully cede, give, grant, transfer,
confer and confirm exclusive jurisdiction for all purposes whatsoever
over such tract of land, and all and every part thereof, unto the
United States of America ; but, nevertheless, therein reserving to this
State jurisdiction to serve the civil process of State, county and mu-
nicipal courts and tribunals within said tract of land; to serve and
execute therein processes in criminal cases by State, county and mu-
nicipal officers in respect to offenses, misdemeanors, crimes and felo-
nious acts committed outside of said tract, and at, from and after
the making, executing, ensealing, attesting and delivery of such deed,
exclusive jurisdiction shall vest in and remain in the United States
of America, for and during all the time the United States shall re-
main the owner of said tract, subject only to the State jurisdiction
for the service of execution and process reserved to this State over
said tract of land so ceded, granted, transferred, confirmed and con-
ferred unto the United States of America for and during the time the
United States shall remain owner thereof.
" SEC. 2. That at, from and after the delivery of such deed of
cession, the said site and tract of land, and the erections, structures,
buildings, fixtures, goods, chattels and property at any time thereon
or thereto belonging, or in anywise appertaining and belonging to the
United States, shall be and remain released and exempt from all toll-
ages, taxes and assessments, of every name and nature, for and dur-
ing the time the United States shall remain the owner thereof."
(Session Laws of Colo., 1887, p. 339.)
Easement. — The Colorado Southern Railroad Company maintains
a right of way across the north 80 acres of the reservation, which
right of way existed prior to the establishment of the post and sub-
ject to which the reservation was acquired.
Revocable Licenses : License, September 2, 1904, to the Denver and
Rio Grande Railroad Company to maintain its spur track upon the
reservation, which track was constructed under oral authority from
the Secretary of War during the construction of the post.
License, March 13, 1906, to The Colorado Telephone Company for
telephone line.
CONNECTICUT. 31
FORT LOGAN TARGET RANGE.
This reservation comprises the east half of section 20 and all of
section 29, T. 6 S., E. 66 W. of Sixth Principal Meridian, Douglas
County, Colorado; containing an area of about 960 acres; announced
in G. O. 211, W. D., December 30, 1905. The title is as follows:
1. Deed from Mrs. Nellie Cheesewright, dated May 31, 1905, con-
veying the northeast quarter of said section 20 ; recorded in Book 32,
page 213, Deed Records of said county.
2. Deed from William H. Lithgow and wife, dated May 24, 1905,
conveying the southeast quarter of said section 20 ; recorded in Book
32, page 214, of same records.
3. Deed from the Denver Sugar, Land and Irrigation Company,
dated September 12, 1905, conveying all of said section 29 ; recorded
in Book 32, page 212, of same records.
For jurisdiction, see act of February 1, 1881, ante, giving consent
to the " purchase by the United States of such other lands within
this State as its authorities may from time to time select for the erec-
tion of forts, magazines, arsenals, and other needful buildings."
CONNECTICUT.
GENERAL ACT OF CESSION.
" The consent of the State of Connecticut is hereby given, in
accordance with the seventeenth clause, eighth section, of the first
article of the constitution of the United States, to the acquisition
by the United States, by purchase, condemnation, or otherwise, of
any land in this state required for customhouses, courthouses, post-
offices, arsenals, or other public buildings whatever, or for any other
purposes of the government. Exclusive jurisdiction in and over any
land so acquired by the United States is hereby ceded to the United
States for all purposes except the service of all civil and criminal
process of the courts of this state ; but the jurisdiction so ceded shall
continue no longer than the United States shall own such land. The
jurisdiction ceded shall not vest until the United States shall have
acquired the title to such lands by purchase, condemnation, or other-
wise; and so long as such lands shall remain the property of the
United States when acquired as aforesaid, and no longer, the same
shall be and continue exempt and exonerated from all state, county,
and municipal taxation, assessment, or other charges." (Approved
April 5, 1899. Genl. Stats, of Conn., 1902, p. 1010, sec. 4102.)
FORT GRISWOLD.
This reservation contains 12.3 acres and is situated on Groton
Heights, in New London County.
The title is as follows: The old fort, owned and occupied by the
State as early as 1775, was, together with lands purchased by the
State in 1777 from J. Chester and E. Prior, aggregating 4.643 acres,
by the State Legislature authorized to be ceded to the United States.
32 UNITED STATES MILITAKY KESERVATIONS, ETC.
(Not evidenced by deed of cession.) Additional lands were pur-
chased as follows:
1. Deed from Latham Avery, dated August 3, 1812 (conveying
1.958 acres) , recorded in Deed Book 16, page 56, of the land records
of the town of Groton.
2. Deed from Ebenezer Avery, dated August 3, 1812 (conveying
1 acre and 90 rods), recorded in Book 16, page 56, of same records.
3. Deed from William F. Brainard, attorney, etc., dated Septem-
ber 16, 1812 (conveying 1 acre and 74 rods), recorded in Book 15,
page 212, of same records.
4. Purchase from Nicholas Lester, - — , 1841 ; no record received
of deed ; area by purchase, 2,759 acres.
5. Purchase from Albert Latham, - — , 1841 ; no record received
of deed; area, 0.179 acre.
6. Purchase from Humphrey Baker, March 26, 1842 ; evidenced by
bond for deed.
7. Purchase from Albert Latham, March 25, 1842; evidenced by
bond for deed, aggregating 3.058 acres.
Jurisdiction was ceded by an act of the State Legislature approved
June 9, 1842, which is as follows:
" SECTION 1. Be it enacted, etc., That his Excellency, the Governor,
be, and he is hereby authorized and empowered to cede to the United
States, Fort Trumbull, in the town of New London, and Fort Gris-
wold, in the town of Groton, and the jurisdiction of the lands whereon
the same are situated, and so much of the lands thereto adjoining as
in his opinion may be necessary for the accommodation of the United
States.
" SEC. 2. Be it further enacted, That the deed, or instrument of
such cession, shall be recorded by the Secretary of State before its
final delivery to the United States. Provided, however, That the
right to serve civil and criminal process upon said lands, be, and the
same is hereby reserved."
There appears to be no record of the cession by deed as contem-
plated in the act, but notwithstanding this fact, it was held by
Attorney-General Akerman, in an opinion dated April 15, 1871, that
the jurisdiction of the United States over Fort Trumbull was un-
questionable. In his opinion he said: (XIII Opinions, 411)
" It is not questioned that the land is owned by the United States,
or that the purchase was with the consent of the legislature of the
State. There is wanting a formal deed of cession which the legisla-
ture intended should be executed on the part of the State. Such a
formality is not necessary to give jurisdiction.
" The purchase by the United States, and the consent of the legis-
lature to the purchase, gave to Congress the exclusive power of legis-
lation over the purchased land. (Constitution of the United States,
Art. I, sec. 8.) A legislative consent to the purchase could be given
either before or after the purchase, and such consent, whenever given,
together with the fact of the purchase, establishes the jurisdiction of
the United States."
The right to occupy the Fort Griswold tract for the purposes of a
public park was granted to the State of Connecticut by act of Con-
gress, June 6, 1902, but the United States reserved to itself the fee in
said tract and the right to resume possession, etc.
See also General Act of Cession.
CONNECTICUT. 33
FORT HALE.
This reservation contains about 30 acres, and is situated on the east
shore of New Haven Harbor, in the Town of New Haven; the title
being as follows:
1. Deed from Kneeland Townsend, dated April 27, 1809, recorded
May 10, 1809, in East Haven Fourth Ledger Book, page 87.
2. Deed from Truman Colt, dated May 3, 1809, and recorded May
10, 1809, page 88, of same records.
3. Deed from Philemon Augur, dated August 21, 1809, and re-
corded August 24, 1809, page 92, of same records.
4. Deed from Benjamin Belden and Lyman Hotchkiss and wife,
dated September 16, 1870, and recorded December 11, 1871, in Vol. 19,
page 22, of East Haven Land Records.
5. Deed from Timothy Andrews, Trustee, dated August 19, 1871,
and recorded December *11, 1871, in Vol. 18, pages 785-786, of same
records.
6. Deed from C. W. Bradley, Trustee for Episcopal Church, dated
August 19, 1871, and recorded December 11, 1871, in Vol. 18, pages
786-787, of same records.
7. Deed from Martha P. Pardee, dated August 19, 1871, and re-
corded December 11, 1871, in Vol. 18, page 650, of same records.
8. Deed from Martha P. Pardee, Guardian, dated August 21, 1871,
and recorded December 11, 1871, in Vol. 17, pages 673-674, of same
records.
9. Deed from Samuel Forbes, dated August 21, 1871, recorded
December 11, 1871, in Vol. 19, page 23, of same records.
10. Deed from Benjamin Belden and Lyman Hotchkiss and wife,
dated December 11, 1871, recorded December 16, 1871, in Vol. 19,
page 24, of same records.
11. Deed from Isaac C. Stock, dated October 25, 1872, recorded
November 7, 1872, in Vol. 19, page 110, of same records.
12. Deed from Bela Forbes, dated October 29, 1872, recorded
October 29, 1872, in Vol. 19, page 109, of same records.
13. Deed from Bela Forbes, dated October 29, 1872, recorded
October 29, 1872, in Vol. 19, page 652, of same records.
14. Deed from Bela Forbes, dated November 5, 1872, recorded
November 7, 1872, in Vol. 19, page 655, of same records.
15. Decree of Condemnation rendered in the Superior Court, Octo-
ber 21, 1872, in the case of United States v. Bela Forbes — Recorded
October 29, 1872, in Vol. 20, pages 10 to 17, inclusive; of same records.
Consent to the purchase and jurisdiction over the above-conveyed
lands, except those described in Deeds numbered 1, 2, and 3, as
follows :
Act of State Legislature approved July 12, 1870 :
" SECTION 1. The consent of this State is hereby given to the pur-
chase by the United States of America, of so much land adjacent to
Fort Hale in the town of East Haven as lies westerly of a line marked
A B on a map of premises at Fort Hale, &c., surveyed in 1864 for the
United States Government by William Hartley on file in the War
Department of the United States, and to so much of the land of Bela
Forbes as lies adjacent to and easterly of said line; the premises for
16809—10 3
34 UNITED STATES MILITARY RESERVATIONS, ETC.
the purpose of which consent is hereby given, being land owned by
J. G. Stark, about three acres, land owned by Bela Forbes, about nine
acres, land owned or claimed by the Episcopal Society in East Haven,
about one acre, land owned by Samuel Forbes, about one acre, land
formerly owned by L. Pope, about eight acres, and land formerly
owned by Isaac Pardee, about two acres.
" SEC. 2. Jurisdiction is hereby ceded to the United States of
America over all such lands as may be- purchased by the United
States, within the limits provided in the preceding section ; reserving,
however, the right to serve both civil and criminal process, issued
under the authority of laws of this State, upon said lands."
Act of the State Legislature, approved July 14, 1870:
" Whereas the United States have taken and used for purposes of
fortification at Fort Hale in the town of East Haven, a certain parcel
of salt meadow land, containing about four acres, formerly belonging
to Mary Bishop of East Haven, and by her devised to the Episcopal
Society in said town, in trust to apply the rents and profits therefrom
to the support of an Episcopal minister in said town, forever; and
also another parcel of land or salt meadow near said fort, lying east
of King Island, comprising about two acres and belonging formerly
to Isaac Pardee of said town, but now held in trust under said Par-
dee's will by Timothy Andrews of said town for the benefit of Joseph
Pardee of said town, and the family of said Joseph; and Whereas
the United States are desirous to purchase said two described parcels,
and said Episcopal Society have voted to sell their interest in said
first -described tract to the United States, and said Timothy Andrews
desires to sell said second-described parcel to the United States, and
it is manifestly for the interest of all concerned in said trust estates
that such sales should be effected : therefore be it. i
"Resolved, etc., That the Protestant Episcopal Society of East
Haven hereby is authorized and empowered to sell and convey their
interest in the first parcel of salt meadow land above described and
Charles W. Bradley of East Haven is hereby authorized to convey
the same as the agent of said society to the United States on such
terms as the parties may agree upon ; and Timothy Andrews of East
Haven is hereby empowered to sell and convey to the United States
the second above-described parcel of salt meadow land on such terms
as he may agree upon with the United States; and such conveyances
when made shall vest in the United States a clear title to the premises
conveyed, free and discharged of any trust; Provided, however, that
it shall be the duty of said Society and of said Timothy Andrews to
reinvest the moneys by them respectively, received for said convey-
ances in other lands, or in public or mortgage securities and hold the
same in each case subject to the same trusts created by the wills under
which their respective titles were originally derived with reference
to said respective parcels of land thus to be conveyed."
And the following Act of the State Legislature, approved June 26,
1872:
" SECTION 1. The consent of this State is hereby given to the pur-
chase by the United States of America of so much land adjacent to
the grounds surrounding Fort Hale in the town of East Haven as lies
westerly of a line marked A, B, C, D, E, on a map of premises at Fort
Hale, etc., surveyed in 1864, for the U. S. Government, by William
CONNECTICUT. 35
Hartley, on file in the War Department of the United States; the
premises, for the purchase of which consent is hereby given, being the
same premises described in the Act to which this Act is in addition,
together with one additional triangular strip of land containing about
one acre and three-quarters, conveyed to the United States by Ben-
jamin Belden, Lyman Hotchkiss and Sarah A. Hotchkiss by deed
dated December eleventh, 1871, and recorded in East Haven land
records, volume 19, page 24, and designated on said map, or a tracing
thereof, filed by the United States in the office of the Secretary of this
State, by the lines A, B, B."
(Sections 2, 3, 4, 5 and 6 .provide for condemnation, manner of pro-
cedure, etc.)
" SEC. 7. Jurisdiction is hereby ceded and confirmed to the United
States of America over all such lands as have been or may be acquired
by the United States, within the limits provided and described in the
first section of this Act ; so long as the same shall remain the property
of the United States ; reserving, however, the right to serve both civil
and criminal process issued under the authority or laws of this State,
upon said lands/'
By an act of Congress, approved September 1, 1890, the Town of
New Haven was granted the right to occupy, improve and control for
the purposes of a public park, the foregoing described reservation,
but the United States reserved to itself the fee in said tract and the
right to resume possession, etc.
See also General Act of Cession.
Revocable License: License, June 30, 1890, to the Town of New
Haven to enter upon the reservation and improve the road thereon
and construct a new road along the eastern boundary.
LIGHT HOUSE POINT.
(Or Five-Mile Point.)
This reservation contains about 1 acre and is situated in the town of
East Haven, about 5 miles from New Haven.
The title is as follows:
Deed from Amos Morris, dated May 5, 1804, conveying the above
site for light-house purposes. Deed recorded in East Haven Ledger
Book, page 242, May 5, 1804.
The site being no longer needed for light-house purposes was trans-
ferred to the War Department, November 6, 1896.
Jurisdiction was ceded by the General Assembly of Connecticut, on
the second Thursday of May, 1804.
See also General Act of Cession.
Revocable Lease: Lease for five years from January 1, 1907, of this
reservation to Albert Widmann.
FORT TRUMBULL.
The total area of this reservation is 13.63 acres, with metes and.
bounds as announced in G. O. 167, W. D., October 3, 1906. It is sit-
uated on the south of New London Harbor about 1| miles above the
mouth of the Thames River.
The title is as follows: Original reservation held by the State for
military purposes and first post established by the State in 1775. In
36 UNITED STATES MILITARY RESERVATIONS, ETC.
October, 1778, the State legislature authorized this post to be ceded
to the United States, but there exists no evidence of any action by the
Governor. In May, 1804, the State Legislature, by an Act approved
May — , 1804, gave consent to the purchase by the United States, the
material portion of said act being included in the following :
Deed from Samuel Mather, John Munford and Elias Perkins, guar-
dians, etc., dated January 17, 1805, conveying 11 J acres and recorded
in * * '*.
By Act of Congress approved March 2, 1833, an additional tract of
land was acquired by Deed from Lucretia Mitchell to the United
States, dated April 9, 1833, conveying 2£ Acres, 27 Poles and 204
Square Links, and recorded in Book 40, page 362, of the records of
Town of New7 London.
Agreement defining boundary of land by Lucretia Mitchell, above
grantor, dated July 15, 1833, and recorded July 23, 1833, in Book 38,
page 323, of records of town of New London. By Act of the State
Legislature approved June 9, 1842, the Governor was authorized. to
cede to the United States Fort Trumbull and Fort Griswold, together
with jurisdiction. No cession by deed, but see Fort Griswold. See
also Appendix, page 468. See also General Act of Cession.
Revocable License: License, February 14, 1899, to the Board of
Sewer Commissioners of New London to construct and maintain a
sewer across the reservation.
CUBA.
GUANTANAMO BAY.
This reservation, declared by Executive Order, dated January 9,
1904, consists of three parts, within the limits of the naval station at
Guantanamo Bay, which station was acquired by lease from the
Republic of Cuba, signed at Havana July 2, 1903, approved by the
President October 2, 1903, ratified by the President of Cuba, August
17, 1903, and ratifications of which were exchanged at Washington,
October 6, 1903.
Authority of the President to approve the above lease was con-
ferred by Act of Congress, approved March 2, 1901 (31 Stats. L., p.
898, sec. 7).
RESERVATION No. 1.
The west part of Cuzco Hills, extending from the bay to a true
north and south line, 3,545 feet due east from Windward Point light-
house, assuming 6,000 feet as equal to a nautical mile, with the follow-
ing exceptions:
(a) Such lands on the hilltops as may be needed for naval wireless-
telegraph stations, and such rights of way as may be required to reach
the lands.
(b) Five acres of land for light-house purposes, the exact location
to be determined when the construction of batteries on this part of
the reservation is undertaken.
(c) On Fishermans Point, for the use of the harbor-master, pilots,
and lookout station, the land bounded as follows : The nearest point
CUBA. 37
of southeasterly boundary line shall be three hundred and fifty (350)
feet from the point marked "Observation Spot" on the Hydro-
fraphic Office Chart No. 1857 ; that it shall run in a direction south
orty (40) degrees west (true) until it intersects the southern bound-
ary line; the southern boundary line shall run in a westerly direc-
tion from the intersection to the water, at a distance of about one
hundred (100) feet south of the inner crest of the bluff south of Fish-
ermans Point ; the intention being that, throwing out the irregulari-
ties of the line of the inner crest of the bluff, the plot of land on the
bluff shall average about one hundred (100) feet in width north and
south. It is, however, understood that if this plot on the bluff is
essential to the Army in providing for the defense of the bay another
site suitable for a lookout and signal station will be selected.
(d) A site for a wharf to be allotted to the Light-House Establish-
ment, either in the bight south of Corinaso Point or at the extremity
of the beach on the north side of the point, as it may prefer, and free
right of way for its employees and supplies to and from the light-
house reservation at Windward Point.
Under date of September 18, 1905, the Acting Secretary of War
transferred to the Department of Commerce and Labor for light-
house depot a small parcel of land at Corinaso Point near Fishermans
Point, within the military reservation on Cuzco Hills.
Revocable licenses: License, March 25, 1907, to the Mexican Tele-
graph Company and the Central and South American Telegraph
Company to land their proposed cable between New York City and
the Canal Zone.
License of March 25, 1907, modified May 8, 1907, and authority
given for additional house at Fishermans Point.
License, February 6, 1908, to Central and South American Tele-
fraph Company for overhead line from Cable Station at Fishermans
'oint to cable hut, Guantanamo Bay.
RESERVATION No. 2.
On Conde Bluff, extending one-eighth (^) nautical mile along
the beach from the center of the bluff to a true north and south line,
the east boundary; north along this line one-quarter (|) nautical
mile ; thence west along a true east and west line to a point one hun-
dred (100) feet east of Guantanamo River. The south boundary line
of this reservation to be determined by a true east and west line ex-
tending from a point on the beach three-eighths (f ) nautical mile
from the center of the bluff to a point one hundred (100) feet east of
the Guantanamo River. The west boundary to be a line joining the
two points above given one hundred (100) feet east of the Guanta-
namo River, the strip of land along the bank being required for a
highway.
This is not, however, to prevent the Army from building landing
places for landing its stores along this portion of the river, if it is
necessary.
RESERVATION No. 3.
All that land on the west side of the harbor as is included between
the ocean, bay, and river, east of a true north and south line three-
quarters (|) nautical mile west from St. Nicholas Point,
38 UNITED STATES MILITARY RESERVATIONS, ETC.
DELAWARE.
GENERAL ACT OF CESSION.
Be it enacted, etc., SECTION I. That the consent of the Legislature
of Delaware be and the same is hereby given to the purchase by the
Government of the United States, or under authority of the same, of
any tract, piece or parcel of land not exceeding one hundred acres in
any one place or locality from any individual or individuals, bodies
politic or corporate, within the boundaries or limits of the State of
Delaware, for the purpose of erection thereon of forts, magazines,
arsenals, dockyards and other needful buildings; and all deeds, con-
veyances, or title papers for the same shall be recorded as in other
cases upon the land records of the county in which the land so con-
veyed may be situated ; and in like manner may be recorded a suffi-
cient description, by metes and bounds, courses and distances, of any
tracts, legal divisions of any public land belonging to the United
States, which may be set apart by the general government for any
or either of the purposes before mentioned, by an order patent, or
other official document or papers so describing such land. The con-
sent herein and hereby given being in accordance writh the eighteenth
clause of the eighth Section of the first Article of the Constitution of
the United States, and with the Acts of Congress in such cases made
and provided.
SEC. 2. The lots, parcels, or tracts of land so selected, together with
the tenements and appurtenances, for the purposes before mentioned,
shall be held exempt from taxation by the State of Delaware.
SEC. 3. The sovereignty and jurisdiction of this State shall extend
over all lands hereafter acquired by the United States within the
limits of this State, so far as that all civil and criminal process, issued
by virtue of any law of the State, may be executed in any part of the
lands so acquired, or the building or structures thereon erected. (Ap-
proved May 19, 1898. Laws of Delaware, 1898, p. 3.)
FORT DELAWARE.
The reservation includes the whole of " Pea Patch Island ; " con-
tains 178 acres; is situated in the Delaware River near the town of
Newcastle.
The title to and jurisdiction over the Island was ceded to the United
States by an Act of the State Legislature, approved May 27, 1813, as
follows :
" SECTION 1. Be it enacted, etc., That all the right, title, and claim
which this State has to the jurisdiction and soil of the island in the
Delaware, commonly called the Pea-patch, be, and the same is hereby,
ceded to the United States of America, for the purpose of erecting
forts, batteries, and fortifications, for the protection of the river Dela-
ware and the adjacent country; upon the condition nevertheless, that
the said forts, batteries, and fortifications shall be erected and kept
up at the expense of the United States, and also that all process, civil
and criminal, issuing under the authority of this State may be exe-
cuted and served within the place, the jurisdiction of which is hereby
DELAWARE. 39
ceded as aforesaid, in the same manner as if no such cession had been
made."
See Ex. Doc. No. 21, Thirtieth Congress, first session (Senate),
report of the Solicitor of the Treasury transmitting decision of Hon.
John Sergeant, in favor of the United States in the matter of the Pea
Patch Island, referred to him as sole arbitrator between the United
States claiming title from the State of Delaware on one side, and
James Humphrey claiming title through Henry Gale from the State
of New Jersey, on the other.
NOTE.— Title, " Pea Patch Island, Delaware : " The territory of the State of
Delaware within the " twelve-mile circle " extends across the Delaware River
to low-water mark on the Jersey shore. So held in the arbitration at Philadel-
phia, January 15, 1845.
The title to the tract having afterwards become involved in dispute,
the following deeds were executed :
1. Deed from J. T. Hudson, dated August 13, 1842, conveying Pea
Patch Island.
2. Deed from James Humphrey, dated June 9, 1847, conveying Pea
Patch Island. Deed recorded in Book 5, folio 605, of the records of
Salem County.
FORT DU PONT.
This reservation contains 269.35 acres, and is situate opposite Fort
Delaware (Pea Patch Island), in Red Lion Hundred, Newcastle
Countv, with metes and bounds as announced in G. O. 140, W. D.,
August 28, 1908.
The title is as follows :
1. Deed from Clement Reeves and wife, dated September 12, 1871 ;
recorded September 23, 1871, Deed Record O, Vol. 9, page 10, etc.,
in deed records of Newcastle County.
2. Deed from Harry C. Clark and wife, dated July 24, 1899, con-
veying 111.5 acres. Deed recorded in Record B, Vol. 18, page 230,
of same records.
3. Deed dated December 8, 1904, from Isaac Reeves, et al., recorded
April 4, 1905, in the Recorder's Office at Wilmington, in Deed Record
E, Vol. 20, page 559, et seq., conveying two tracts of land, comprising
an area of 95.52 acres, adjoining the reservation.
Jurisdiction over tract acquired in 1871 was ceded by Act of the
State Legislature, approved January 30, 1867; and over tracts ac-
quired in 1899 and 1904, by act, approved March 16, 1905. These
Acts provide as follows :
" SECTION 1. Be it enacted, etc., That Clement Reeves and James B.
Henry, both of New Castle County, are hereby authorized and
empowered to convey to the United States a certain tract of land,
situated in Red Lion hundred, in said county, upon which the United
States has recently erected a fortification known as the ' Ten Gun
Battery,' and also the road leading from said fortification to the
Delaware and Chesapeake Canal.
" SEC. 2. And be it further enacted, That jurisdiction over the said
land and road purchased by the United States for the purposes afore-
said is hereby ceded to the United States; Provided, nevertheless,
That all civil and criminal process issued under the authority of
40 UNITED STATES MILITAKY RESERVATIONS, ETC.
this State shall continue to run into and be served and executed in
and upon said tract of land and all parts thereof in the same manner
as if the jurisdiction had not been granted as aforesaid." (Act of
January 30, 1867.)
(There does not seem to be any deed from the James B. Henry
mentioned in the Act, nor evidence of title in said Henry. No deed
for road unless included in land conveyed by Reeves and wife.)
" SECTION 1. That the consent of the Legislature of Delaware be
and the same is hereby given, pursuant to the seventeenth clause of
the eighth section of the first article of the Constitution of the United
States, to the purchase by the United States of the three tracts of
land aggregating, approximately, two hundred and seven acres, situ-
ate in Red Lion Hundred, New Castle County, for the enlargement of
the military reservation of Fort Du Pont, Delaware, said tracts com-
prising about one hundred and eleven and five-tenths acres, acquired
by deed from Harry C. Clark and wife, dated the twenty-fourth day
of July, one thousand eight hundred and ninetj^-nine, and recorded
in Deed Record B, volume eighteen, page two hundred and thirty,
etc., in the Recorder's Office at Wilmington, Delaware; and two
parcels aggregating about ninety-five and fifty-two hundredths acres,
to be purchased from Thomas C. Reeves et al., heirs of Clement
Reeves, deceased : Provided, That the sovereignty and jurisdiction
of this State shall extend over said lands so far as that all civil proc-
ess and such criminal process as may issue under the authority of
this State against any person or persons charged with crimes or other
offenses committed without such lands may be executed thereon in
the same way and manner as if this consent had not been given."
(Act of March 16, 1905.)
MILITIA TARGET RANGE.
This range is situated in Newcastle Hundred, County of Newcastle,
and comprises a tract of 227 acres, of which 2.51 acres are occupied
by the right of way of the Wilmington, Newcastle and Southern
Railroad Company, and 1.68 acres are included in and a part of the
public road bordering the tract. The title is as follows:
Deed from Alfred R. Haig, et use., and James Alfred Smith, et ux.,
dated November 16, 1898, conveying the entire tract. Recorded in
the Recorder's Office, Newcastle County, in Deed Record B, Vol. 22,
page 403.
Jurisdiction. By Act of the State Legislature, approved February
11, 1907, consent was given to the purchase of any tracts which may
be selected for use as a target range by the National Guard, and for
the purpose of erecting thereon such buildings as may be necessary
for said use, not exceeding 500 acres in the aggregate, subject to the
following provision:
" SECTION 3. The sovereignty and jurisdiction of this State shall
extend over all lands hereafter acquired by the United States within
the limits of this State, so far as that all civil and criminal process,
issued by virtue of any law of this State, may be executed in part of
the lands so acquired or the building or structures thereon erected."
DISTRICT OF COLUMBIA. 41
DISTRICT OF COLUMBIA.
AQUEDUCT BRIDGE.
(Northern approach to.)
This reservation contains 172 square feet. The title is as follows:
Decree of condemnation for 172 square feet of land in a cause
entitled the " United States v. Chesapeake and Ohio Canal Com-
pany," in the Supreme Court of the District of Columbia. Decree
rendered September 20, 1889, and filed the same day in Clerk's Office
of said Court. The decree also grants a right of way 49.37 feet in
width across the canal of the Chesapeake and Ohio Canal Company.
(See also Aqueduct Bridge, Virginia.)
Easement: Act of Congress, approved January 29, 1903, provided
for the crossing of Aqueduct Bridge by the Great Falls and Old
Dominion Railroad Company.
BATTLE GROUND NATIONAL CEMETERY.
The area of this cemetery is 1.033 acres. It is situated on the east
side of the Washington and Rockville Turnpike, near Brightwood,
being a portion of a tract of land adjoining old Washington, known
as the " Girls' Portion."
The title is as follows : Possession taken, on behalf of the Govern-
ment, for National Cemetery purposes, by Quartermaster-General
M. C. Meigs in July, 1864. Possession retained and title acquired
under the provisions of the Act of Congress, approved February 22,
1867, providing for National Cemeteries. Land appraised, paid for
ancl title passed on petition of the owner, James Mulloy v. The
United States, filed, presented, and confirmed in the Supreme Court
of the District of Columbia, July 23, 1868. Cause No. 188, District
Court Docket.
COLUMBIA HARMONY ASSOCIATION (BURIAL SITE).
Lots 1 and 2, burial sites. Cemetery situated near Washington.
Title derived by sale to the United States from the Columbia Har-
mony Association. For the care, etc., of the graves, the property is
in possession of the above-named association under an agreement in
writing dated October 1, 1868.
DISTRICT OF COLUMBIA MAGAZINE.
This reservation contains an area of 4 acres. It is situated in
Georgetown, now West Washington. The title is as follows:
Deed from Thomas A. Brooke, dated September 9, 1815; recorded
in Liber A. K. No. 35, folios 3 and 4, of the land records of Wash-
ington.
FORD'S THEATER PROPERTY.
This property is situated on the east side of Tenth street, between
E and F streets, in the city of Washington; the title being acquired
as follows: An Act of Congress, approved April 7, 1866, provided
for its purchase from John T. Ford, and under its provisions said
John T. Ford conveyed to the United States by deed dated May 12,
1866; recorded in Liber No. 737, Folio 321, of the land records of
42 UNITED STATES MILITARY RESERVATIONS, ETC.
Washington County, in the District of Columbia. The property con-
veyed includes the whole of Lot 10 and parts of Lots 9 and 11 in
Square No. 377.
Deed from Alex. Y. P. Garnett and wife, dated July 13, 1874;
recorded July 17, 1874, in Liber No. 757, Folio 133, of the land
records of Washington County, District of Columbia. The Garnett
deed conveyes a part of Lot 4 in Square 377, in rear of the above
Theater property.
SOLDIERS' HOME NATIONAL CEMETERY.
This reservation, containing about 16 acres, was set apart for a
place of burial for officers and soldiers, both regular and volunteer,
by the Commissioners of the Military Asylum, by Special Order No.
198, dated Adjutant-General's Office, July 25, 1861.
WALTER REED UNITED STATES ARMY GENERAL HOSPITAL.
This reservation contains an area of about 43.27 acres, with metes
and bounds as announced in G. O. No. 83, W. D., May 2, 1906. It is
situated west of Brightwood avenue near the north corner of the
District. The title is as follows:
1. Deed from George W. Madert and wife, dated April 15, 1905,
received for record September 8, 1905, and recorded in Liber No.
2873, folios 408 et seq., Land Records of the District of Columbia;
conveying 43.27 acres.
2. Deed from George W. Madert and wife, dated May 20, 1905,
received for record September 8, 1905, and recorded in Liber No.
2873, folios 410 et seq., of same records; releasing right of way over
a strip of land ten feet wide along the southerly boundary, Avhich
was reserved by the former deed.
License: March 12, 1909, to Commissioners of the District of Co-
lumbia for sewer.
WASHINGTON BARRACKS.
This reservation is situated on Greenleaf s Point, in the city of
Washington, and has been occupied for military purposes since 1797.
The area of the original reservation was 28 acres 2 roods and 31 poles.
Title was acquired as follows: Reservation acquired under Act of
July 16, 1790, designating the site of the District of Columbia, and
afterwards announced by Executive Order dated July 25, 1798. The
area of the reservation now is 86.856 acres; additional land having
been purchased under an Act of Congress approved March 3, 1857,
and the area having been increased considerably by accretion and
by filling in the low land and shoal water along the west, south,
and southeast boundaries of the reservation. The title to the addi-
tional lands so purchased is as folloAvs:
1. Deed from John Kean, dated April 3, 1857; conveying square
No. 548 ; recorded in Liber I. A. S. No. 147, folios 258 and 259, of the
land records for Washington County, in the District of Columbia.
2. Deed from Thomas Hogan and wife, dated April 12, 1857, con-
veying Lot No. 8 in square 548 ; recorded in Liber I. A. S. No. 147,
folios 251, 252 and 253, of same records.
3. Deed from Michael Dooley and wife, dated April 18, 1857, con-
veying Lot No. 5, in square 548 ; recorded in Liber I. A. S. No. 147,
folios 260, 261 and 262, of same records.
DISTRICT OF COLUMBIA. 43
4. Deed from W. H. Phillip, dated April 18, 1857, conveying Lots
14, 15, 16, 17, 18, 19 and 20 in square 548; recorded in Liber I. A. S.,
No. 147, folios 262, 263 and 264, of same records.
5. Deed from William B. Todd and wife and William H. Phillip,
dated April 18, 1857, conveying square No. 506 ; all of square south
of 506; all of square east of 549; all of square south of 549; all of
square west of 604 ; all of square west of 606 ; all of square northwest
of 606 and also lot 24 of square 505 ; recorded in Liber I. A. S. No.
149, folios 35, 36 and 37, of same records.
6. Deed from James M. Carlisle, dated April 20, 1857, conveying
Lots 1, 2, 3, 21, 22 and 23 in square 548; recorded in Liber I. A. S.
No. 147, folios 246 and 247, of same records.
7. Deed from Joseph Moynihen and wife, dated April 27, 1857,
conveying Lot No. 6 in square 548 ; recorded in Liber I. A. S. No. 147,
folios 255, 256 and 257, of same records.
8. Deed from Winifred Martin, dated April 28, 1857, conveying
Lot No. 4 in square 548; recorded in Liber I. A. S. No. 149, folios
37, 38 and 39, of same records.
9. Deed from William B. Todd and wife, dated April 28, 1857,
conveying Lot No. 9 in square 548; recorded in Liber I. A. S. No.
148, folios 44, 45, 46 and 47, of same records.
10. Deed from James E. Johnson and wife, dated April 29, 1857,
conveying all of square east of square 548; all of square east of
square east of square 548, and Lots Nos. 10, 11, 12 and 13 in square
548 ; recorded in Liber I. A. S. No. 147, folios 253, 254 and 255, of
same records.
11. Deed from Wil^am Gunton, Stanislaus Murray, Archibald
Henderson, Jacob Gideon, Benjamin F. Middleton, and John F. Cal-
lan, surviving trustees of the Bank of Washington, dated April 30,
1857 ; conveying square 549 ; recorded in Liber I. A. S. No. 147, folios
248 and 249, of same records.
12. Deed from John B. Kibbey and wife, dated May 6, 1857, con-
veying all of square south of south of square 506 ; recorded in Liber
I. A. S. No. 149, folios 39, 40 and 41, of same records.
13. Deed from Samuel Byington and wife, dated August 7, 1857,
conveying Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23 and 25 in square 505; recorded in Liber I. A. S. No.
148, folios 41, 42, 43, and 44, of same records.
14. Deed from Buckner Bayliss and wife, dated October 23, 1857,
conveying Lot No. 7 in square 548 ; recorded in Liber I. A. S. No. 147,
folios 249, 250 and 251, of same records.
15. Deed from Walter Lenox, trustee, et al, dated December 23,
1857, conveying all of square 505; recorded in Liber I. A. S. No. 148,
folios 38, 39 and 40, of same records.
Washington Arsenal turned over to the Quartermaster's Depart-
ment and name changed to Washington Barracks May 12, 1881, under
authority of General Order No. 46, Adjutant-General's Office, 1881.
For jurisdiction over all the foregoing described property in the
District of Columbia, see clause 17 of Section 8, Article I, Constitu-
tion of the United States.
Revocable License : March 17, 1906, to The Chesapeake and Potomac
Telephone Company to erect, operate, and maintain telephone line.
44 UNITED STATES MILITABY KESERVATIONS, ETC.
FLORIDA.
GENERAL ACT OF CESSION.
" SECTION 1. * * * The United States are hereby authorized
and empowered to purchase, acquire, hold, own, occupy and possess
such lands within the limits of this State as they shall seek to occupy
and hold as sites on which to erect and maintain forts, magazines,
arsenals, dock yards and other needful buildings, or any of them,
as contemplated and provided in the Constitution of the United
States;"
(Section 2 provides for condemnation of lands when price not
agreed upon.)
" SEC. 3. * * * Whenever the United States shall contract for,
purchase or acquire any land within the limits of this State for the
purposes aforesaid in either of the modes above mentioned and pro-
vided, or shall hold for such purposes lands heretofore lawfully
acquired or reserved therefor, and shall desire to acquire constitu-*
tional jurisdiction over such land for said purposes, it shall be lawful
for the Governor of this State, upon application made to him in
writing on behalf of the United States for that purpose, accompanied
by the proper evidence of said reservation, purchase, contract, or
acquisition of record, describing the land sought to be ceded by con-
venient metes and bounds, thereupon, in the name and on behalf of
this State, to cede to the United States exclusive jurisdiction over the
land so reserved, purchased or acquired and sought to be ceded; the
United States to hold, use, occupy, own, possess and exercise said
jurisdiction over the same for the purposes aforesaid, and none other
whatsoever: Provided, always, That the consent aforesaid is hereby
given, and the cession aforesaid is to be granted and made as afore-
said, upon the express condition that this State shall retain a concur-
rent jurisdiction with the United States in and over the land or lands
so to be ceded, and every portion thereof, so far that all process, civil
or criminal, issuing under authority of this State, or of any of the
courts or judicial officers thereof, may be executed by the proper
officers thereof, upon any person or persons amenable to the same,
within the limits and extent of land or lands so ceded, in like manner
and to like effect as if this law had never been passed ; saving, how-
ever, to the United States security to their property within said limits
and extent, and exemption of the^same, and of said land or lands from
any taxation under the authority of this State while the same shall
continue to be owned, held, used and occupied by the United States
for the purposes above expressed and intended, and not otherwise."
(Approved July 24, 1845. Kev. Stats. Florida, 1892, p. 113.)
GENERAL ACT AS TO SUBMERGED LANDS.
By act approved December 27, 1856 (R. S. Fla., 1892, sec. 454), the
State of Florida " for the benefit of commerce " divested itself —
" Of all right, title and interest to all lands covered by water, lying in
front of any tract of land OAvned by a citizen of the United States, or
~by the United States, for public purposes, lying upon any navigable
stream or bay of the sea or harbor, as far as the edge of the chan-
nel, and hereby vests the full title to the same in and to the riparian
FLORIDA. 45
proprietors, giving them the full right and privilege to build wharves
into streams or waters of the bay or harbor as far as may be necessary
to effect the purposes described", and to fill up from the shore, bank
or beach as far as may be desired, not obstructing the channel, but
leaving full space for the requirements of commerce, and upon lands
so filled in, to erect warehouses or other buildings ; and also the right
to prevent encroachments of any other person upon all such sub-
merged land in the direction of their lines continued to the channel,
by bill in chancery, or at law, and to have and maintain action of
trespass in any court of. competent jurisdiction in the State, for any
interference with such property, also confirming to the riparian pro-
prietors all improvements which have heretofore been made upon
submerged lands, for the purposes herein mentioned."
ANASTASIA ISLAND MILITARY RESERVATION.
This reservation is situated in St. John's County near the city of
St. Augustine and contains 700 acres, being the SE. J of Sec. 21 ; all
of frac. Sec. 22; the NE. i of the NE. J of Sec. 28, and all of Section
27 in township 7 South, range 30 East, and also all the lands formed
by the sea since the United States Survey of 1855 lying east of said
lands and between the north boundary line prolonged of said SE. J
of Sec. 21 and the south boundary line prolonged of Sec. 27. It was
reserved from the public domain by Executive Order, dated May 4,
1893. Jurisdiction was ceded to the United States by deed of^the
Governor of the State, dated September 4, 1893, recorded in the office
of the Secretary of State of the State of Florida, in Mortgage Book
A, pages 316 to 320 inclusive. Deed executed under authority of
General Act of Cession.
Easement: Prior to the reservation of Anastasia Island for mili-
tary purposes, the Secretary of the Interior, under date of October
11/1886, granted a right of way, 200 feet wide, to the St. Augustine
and South Beach Railway Co. Said right of way to extend from
Lot 3, Sec. 17, T. 7 S., R. 30 E., to Sec. 24, T. 9 S., R. 30 E., excepting
" that portion within the limits of the Light House Reservation,"
which includes Lots 1 and 2, Sec. 21, T. 7 S., R. 30 E.
The company subsequently amended its line of route so as to avoid
the light house reservation, and the map of the amended definite loca-
tion was approved under act of 1875, by the Secretary of the Interior
on May 23, 1888.
Revocable License: April 3, 1906, to Conrad Decher to occupy and
use certain lands for terminal purposes and right of way. Property,
etc., of railway transferred to St. Johns Electric Light and Power
Company.
FORT BARRANCAS.
This reservation is situated on the north side of Pensacola Harbor,
9 miles southwest of Pensacola, 1 mile from Fort Pickens in Escam-
bia County and contains an area of about 2,590 acres.
The title is as follows : By article 2 of the Treaty of February 22,
1819, with Spain, by which that nation ceded to the United States
the territory of the Flpridas including " all public lots and squares,
vacant lands, public edifices, fortifications, barracks, and other build-
ings which are not private property," the fort at Barrancas and its
46 UNITED STATES MILITARY RESERVATIONS, ETC.
dependencies then occupied as a military work passed to the United
States, this nation succeeding to the rights of the Crown. By act of
Congress approved April 22, 1826, the lands fronting Pensacola Bay,
from the mouth of the Big Bayou to a line below Tartar Point, and
thence back to the Bayou, selected by the Navy Commissioners, and
all the lands fronting said bay, and for 1 mile back, so far as Grand
Lagoon, were reserved from sale or location for the use of the Navy-
Yard or depot and for other public works of the United States and
by Executive Order, dated January 10, 1838, were reserved for naval
purposes. By Executive Order, dated May 11, 1844, a transfer of
1,667 acres, lying adjacent to and at Barrancas and running north to
Bayou Grande, was made from the above naval reservation to the
military authorities, and this tract constituted the entire military res-
ervation until May 21, 1888, wrhen the boundaries were enlarged by a
transfer of another portion of said naval reservation by an Executive
Order of that date. By an Executive Order, dated October 2, 1891,
the boundaries were again enlarged by a modification of the naval
reservation, transferring to the military reservation sufficient land to
form the present area.
Jurisdiction was ceded to the United States by deed of the Governor
of the State dated September 4, 1893, recorded in the office of the Sec-
retary of State of the State of Florida, in Mortgage Book A, pages
316 to 320, under the provisions of an act of the State Legislature
approved July 24, 1845. (See General Act of Cession.)
Easement: By Act of Congress, approved July 21, 1892, a right of
way through the reservations near Pensacola was granted to the
Mexican Gulf, Pacific and Puget Sound Kailroad Company (now
the Pensacola Terminal Company).
Lease: Lease for 5 years, from January 15, 1907, to Mrs. John
Frazer, of Lot 1, Sec.'l, containing 34.50 acres, and Lot 2, Sec. 3,
containing 65 acres, both lots in T. 3 S., R. 31 W.
Revocable Licenses: License, August 27, 1888, to Treasury Depart-
ment to occupy portion of reservation for light-house purposes.
License, May 4, 1893, to Pensacola Terminal Company to extend
its track 660 teet on the reservation.
License, October 8, 1906, to Pensacola Electric Terminal Railway
Company to construct and maintain loop in connection with its rail-
way on reservation; also, license, dated March 13, 1907, to electrify
and use Government tracks to facilitate delivery of freight on reser-
vation.
BARRANCAS NATIONAL CEMETERY.
This cemetery contains about 8.56 acres, and is situated on the
Naval Reservation near Fort Barrancas, in Escambia County, being
a part of the public domain ceded to the United States by Spain
under the provisions of the Treaty of February 22, 1819.
See Fort Barrancas for source of title and General Act of Cession
for jurisdiction.
BATTON ISLAND.
This reservation is located south of Fort George's Island, north
of St. John's River, and the land westwardly between said island and
the inland pass from St. John's to the St. Mary's River for the entire
FLORIDA. 47
length of the island. Reservation made by order of the Secretary of
War, dated March 23, 1849, under authority of an Act of Congress
approved June 28, 1832.
For jurisdiction see General Act of Cession.
CAYO COSTA, OR BOCA GRANDE ISLAND.
This reservation includes the north end of the Island for a length
of 2 miles from its northern extremity, and is situated at the entrance
to Charlotte Harbor, in Lee County. As a part of the public domain
it was reserved for military purposes by Executive Order, dated No-
vember 17, 1882.
For jurisdiction see General Act of Cession.
Revocable License: License, July 5, 1892, to the State Board of
Health, of Florida, to erect and maintain a small cottage for the use
of inspecting officer and boatmen of the said board, near the shore on
the northwest end of reservation.
License, January 27, 1903, to the Treasury Department to use a
portion of the reservation on La Costa Island for the purposes of the
Marine Hospital Service.
Leases: Lease, five years from July 1, 1909, to Peter Nelson, of a
portion (about 30 acres) of this reservation, for residential and fish-
ing purposes.
CEDAR KEYS (AND FORT HOWARD).
This reservation contains an area of 202.8 acres and formerly in-
cluded the Islands at the mouth of the Suwanee River known as
North Key, Snake Key and Sea Horse Key in Levy County, with an
area aggregating 319.3 acres.
The title is as follows: Part of the Public Domain reserved by
Executive Order, dated March 2, 1840. Sea Horse Key, however,
was set apart by the President for light-house purposes, September 2,
1851.
For jurisdiction see General Act of Cession.
FORT CLINCH.
Amelia Island, upon the north end of which the above fort is
situated, is a large island lying south of the mouth of St. Mary's
River, in Nassau County, about 50 miles north of St. Augustine, in
Nassau County. The Fort Clinch Military Reservation contained
about 919.94 acres under title as follows: Fractional Section No. 8,
Township 3 North, Range 29 East, and fractional section No. 11
and Lots 1 and 2 of fractional section No. 14, Township 3 North,
Range 28 East, reserved from the Public Domain for military pur-
poses by Executive Order, dated February 9, 1842. Area reserved
420 acres.
2. Deed from George R. Fairbanks and wife, dated October 20,
1849, conveying 100 acres more or less. Recorded in the Clerk's
Office, Nassau County, June 20, 1853, in Book D, pages 174 to 177.
3. Deed from George R. Fairbanks, Commissioner, etc., dated July
9, 1850, under Decrees of the Nassau Circuit Court May Term, 1849 —
conveying 400 acres. Recorded in Book D, pages 162-174 of same
48 UNITED STATES MILITARY RESERVATIONS, ETC.
records. By Executive Order, dated March 3, 1897, a portion of
Lots 1 and 2 of Section 14, Township 3 South, Range 28 East of
Tallahassee Meridian, therein described, was relinquished to Interior
Department.
Jurisdiction, same as Fort Barrancas.
Revocable Licenses: License, October 30, 1871, to the Treasury De-
partment to erect two range beacon lights on the reservation.
License, January 27, 1893, to the Treasury Department to use for
the purposes of the Marine Hospital Service a square five hundred
feet to either side of the quarantine gangway and extending back on
the island to a depth of one thousand feet.
FORT DADE.
This reservation includes the whole of Egmont Key, with the ex-
ception of 15 acres at the north end reserved for light-house pur-
poses, and contains 378 acres, with metes and bounds as announced
in G. O. 90, W. D., May 14, 1906. It is near the entrance to Tampa
Bay, in Hillsboro County. It was reserved from the public domain
for military purposes by Executive Order, dated November 17, 1882.
Jurisdiction was ceded, in accordance with paragraph 3, of the
General Act of Cession, by deed from the Governor of the State,
June 28, 1904. Deed recorded in Deed Book A, pages 45 to 48, in the
office of the Secretary of State of Florida.
Revocable Licenses: License, by Department Commander, May 20,
1901, to the Tampa Bay Pilots Association to maintain a small wharf,
a pilot look-out, and four small dwellings upon the reservation.
License, dated May 28, 1904, to the Navy Department, for the
" occupancy and use, for the purposes of a naval coast signal station,"
of about five acres of this reservation, with permission to erect a
wooden shelter-house and a signal mast.
FORT DE SOTO.
This reservation contains 613 acres. It includes all of Mullet Key
except about 271 acres of main island, which tract was transferred to
the Treasury Department for quarantine purposes May 15, 1899.
The key is situated near the entrance to Tampa Bay, and is in Hills-
boro County, about twenty-five miles from Tampa. It was reserved
from the public domain for military purposes by Executive Order,
dated November 17, 1882.
Jurisdiction was ceded, in accordance with paragraph 3 of the
General Act of Cession, by deed from the Governor of the state, June
28, 1904. Deed recorded in Deed Book A, pages 45 to 48, in the office
of the Secretary of State of Florida.
Revocable License: License, October 15, 1903, to the Palmetto Ice
and Power Company to construct and maintain small ice-house on
reservation.
FLAG ISLAND.
This is a small island at St. George's Sound (West Pass) situated
southwest of the Pass or entrance to the Sound in Franklin County,
and as a part of the Public Domain was reserved for military pur-
poses by Executive Order, dated November 17, 1882.
For jurisdiction see General Act of Cession.
FLORIDA. 49
GASPARILLA ISLAND.
This reservation includes the south end of the island for a length
of two miles from its southern extremity and is situated at the en-
trance to Charlotte1 Harbor in De Soto County. As a part of the
public domain it was reserved for military purposes by Executive
Order, dated November 17, 1882.
For jurisdiction see General Act of Cession.
The custody of a portion of the reservation was conditionally trans-
ferred to the Treasury Department for light-house purposes, August
22, 1902.
Easement: Approval by the Secretary of War, January 30, 1906,
and by the Secretary of Commerce and Labor, February 1, 1906,
under act of June 13, 1902, of location of right of way granted to
the Alafia, Manatee and Gulf Coast Railway Company, through the
military and light-house reservations; with authority to occupy, for
general traffic, coaling station, and for terminal facilities, a tract of
land, at a yearly rent of $500. Amended location within military
reservation, approved April 25, 1906.
Lease, August 17, 1908, amended January, 1909, of small tract on
Charlotte Harbor to Charlotte Harbor and Northern Railway.
Lease, August 1, 1909, of lands, except those covered by above ease-
ment and lease, to Boca Grande Land Company.
KEY WEST BARRACKS.
This reservation contains an area of 22.79 acres, and is situated on
the Island of Key West, in Monroe County. The title to lands
derived as follows: By purchase under authority of act of Congress
approved March 2, 1833 and evidenced by—
1. Deed from Mary R. Fleeming et al., dated December 14, 1833,
conveying 14.79 acres. Recorded in Liber B, folios 47 to 50, of the
Deed records of Monroe* County.
2. Deed from Pardon C. Greene, dated May 4, 1835, conveying lots
therein described. Recorded in Book B, page 183, of same records.
3. Deed from James Webb and wife, dated June 1, 1837, conveying
about 8 acres. Recorded in Book B, pages 396 to 398- of same
records.
See, also, General Act as to Submerged Lands, supra.
Consent to purchase and jurisdiction ceded by an Act of the State
Legislature approved July 8, 1845, as follows :
" SECTION 1. Be it enacted, etc., That the United States be, and
they are hereby authorized and empowered to purchase, hold, occupy
and possess the tract of land in the preamble above referred to (a
tract of land consisting of several parcels, situated on the Island of
Key West in Monroe County, between Light-House Point and the
City of Key West) as the same, or the extent and limits thereof shall
be ascertained, described and conveyed in the instrument or instru-
ments, which shall be executed for the conveyance of the same in pur-
suance of said negotiations. And the United States may and shall
have and exercise exclusive jurisdiction over said tract of land within
the extent and limits to be ascertained and described as aforesaid, as
well as over any land or site that may be formed or constructed in the
16809—10 4
50 UNITED STATES MILITARY RESERVATIONS, ETC.
contiguous sea, and used and occupied by the United States for said
purposes (of erecting and constructing on said land certain fortifica-
tions and the improvements connected therewith) in connection with
the tract above mentioned, so long as they shall deem it proper to hold
and occupy the same for the purposes aforesaid: Provided, That
nothing herein contained shall be so construed as to prevent or debar
the proper officers of the State of Florida from executing any process,
civil or criminal, within the limits and extent of said land or lands
when ascertained, described, and occupied as aforesaid."
This act was afterwards enlarged by the Act approved July 24,
1845, for which see General Act of Cession. Jurisdiction also ceded
by Governor's deed of January 29, 1896.
Easement: Under deed of conveyance, dated December 14, 1833,
the heirs of the grantors have a right of way sufficiently wide for
two carts abreast along the beach on the north front of the garrison.
Revocable Licenses: License, February 12, 1885, to International
Ocean Telegraph Company to construct cable hut on the reservation.
License, May 25, 1906, to the Southern Bell Telephone Company
for telephone system on reservation.
KEY WEST CEMETERY.
This burial lot contains about one-third of an acre and is situated
in Tract No. 7, Island of Key West. The title is derived by deed
from Euphemia Maloney to the United States, dated February 25,
1897, recorded in Book R R deeds, pages 94 and 95, of the records of
Monroe County.
For jurisdiction see General Act of Cession.
FORT McREE.
This reservation contains an estimated area of about 400 acres and
is situated at the entrance to Pensacola Bay and embraces so much of
the public land as lies within 1 mile of the fort (necessary land for
two beacon lights and keeper's dwelling excepted) which has been
erected on Foster's Bank, wilich is nearly opposite to, and west of the
west end of Santa Rosa Island.
The title is as follows: As part of the public domain it was re-
served for military purposes by Executive Order, dated February 9,
1842.
Jurisdiction same as Fort Barrancas.
FORT MARION.
Fort Marion is an old Spanish work said to have been commenced
in 1565 and completed in 1756 under the name of Castle of St. Mark.
Its name was changed to its present designation January 7, 1825.
The fort and adjacent lands contain an area of 22 acres, 1 rood, and
about 28 rods, and are situated at St. Augustine.
The title as well as jurisdiction acquired under the Treaty with
Spain of February 22, 1819, but was formally set apart by the Presi-
dent as published in an order of the Secretary of War of March 23,
1849. Upon the admission of Florida, jurisdiction not having been
reserved, " exclusive jurisdiction " was ceded by Governor's deed of
September 4, 1893, under Act of the State Legislature approved July
24, 1845. See Fort Barrancas.
FLORIDA. 51
The property known as " The Lines " was conveyed to The Board of
Public Instruction of the County of St. Johns, March 12, 1908, under
Act of February 21, 1907; and Congress by Act of March 3, 1909,
has authorized the conveyance to owners of premises which encroach
upon the reservation of the ground covered by their encroachments.
Easements: Right of way to St. Johns Light and Power Company
approved January 8, 1908, under Act of March 2, 1907.
Lease to W. M. Bostwick, for three years, from August 15, 1908,
of frame house and ground in southwest corner of reservation.
Revocable Licenses: License, December 17, 1884, to the Interna-
tional Ocean Telegraph Company to erect poles and maintain a wire
along the reservation.
License, October 6, 1885, to the Jacksonville, St. Augustine and
Halifax River Railway Company to build a bridge across the moat.
License, January 15, 1886, to the St. Augustine Gas and Electric
Light Company to lay a gas pipe line on and through Orange Street
and the city gates on the reservation.
License, July 18, 1889, to E. F. Joyce to lay a water main or pipe
line across the reservation, from the north end of Charlotte Street to
the north end of St. George Street at the city gates.
License, February 7, 1890, to J. N. Stuart and other citizens of St.
Augustine to construct a sewer across the south end of the reservation
in a southerly direction to Charlotte Street.
License, February 27, 1896, to Frank B. Genovar to occupy a parcel
of land on the reservation.
License, February 27, 1896, to Mrs. Frank A. De Medices to occupy
a parcel of land on the reservation.
License, February 27, 1896, to E. C. Allen to occupy a parcel of
land on the reservation.
License, May 13, 1901, to J. J. Krom to lay a sewer pipe from his
house on the corner of Charlotte Street, on the south boundary of the
reservation, across the reservation and through the sea-wall.
License, May 8, 1902, to Saint Augustine Golf Club to use the " fort
green " for golfing purposes. Modified April 28, 1905.
License dated October 19, 1904, to J. J. Krom, assignee of Frank
B. Genovar, to continue the privilege granted to Genovar by license
dated February 27, 1896.
License dated September 25, 1905, to the St. Augustine Gas and
Electric Light Company to erect poles and wires on certain streets,
including the street in front of Fort Marion.
License, January 8, 1908, to city of Saint Augustine to occupy for
street purposes ground between tracks of St. Johns Light Company
and fence, except as stated therein.
MARTELLO TOWER NO. 1. •
(Site of).
This reservation contains 18 acres and is situated on the southern
coast of the Island of Key West. It is the site of a tower or fort
erected during the civil war. The title is as follows :
Deed from Eduardo H. Gato and wife, dated March 14, 1898.
Recorded in Book R. R., pages 342 and 343, of the records of Monroe
County.
52 UNITED STATES MILITARY RESERVATIONS, ETC.
Deed from Eduardo H. Gato, dated January 16, 1906, to correct
error in description. Recorded in Book "W," pages 458 and 459, of
same records.
Jurisdiction was ceded by deed from the Governor dated July 23,
1898, under authority of Title II, Chap. I, sec. 9 of the Revised
Statutes of Florida, 1892.
See also General Act of Cession.
MARTELLO TOWER, NO. 2.
(Site of).
Situated on southerly side of the Island of Key West. For area
see description in deed.
Title was acquired by purchase authorized by the Secretary of War
January 23, 1897, and is evidenced by a deed from Frank Livermore
et al., dated April 28, 1897. Recorded in Book S of Deeds, pages
526 to 529, of the records of Monroe County.
Jurisdiction was ceded by deed from the Governor dated Septem-
ber 30, 1897, under authority of Title II, Chap. I, sec. 9 of the Re-
vised Statutes of Florida, 1892.
See also General Act of Cession.
MILITIA TARGET RANGE.
This range is situated at Black Point on the St. Johns River, about
6 miles south of Jacksonville, in Duval County, and comprises, in the
aggregate, about 582 acres. The title is as follows :
1. Deed from Joseph H. Phillips, unmarried, dated August 10, 1907,
conveying a tract of 400 acres, excepting therefrom 11 acres. Re-
corded in Book 44, page 616, of the Deed Records of Duval County.
2. Deed from Joseph H. Phillips, unmarried, dated September 11,
1908, conveying a tract of 85 acres, adjoining the above tract on the
northeast, and a tract of 108J acres, adjoining the same on the west.
Recorded in Book 52, page 340, of same records.
MORENO POINT RESERVATION.
This reservation is situated at the entrance of Santa Rosa Sound,
and comprises so much of the point opposite to, and East of the East
end of Santa Rosa Island as lies in Township 2 South, Range 22
West, Washington County ; estimated area, 5,958.20 acres.
The title is as follows: As part of the public domain it was re-
served for military purposes by Executive Order dated February 9,
1842.
For jurisdiction see General Act of Cession.
Leases: 16 leases, covering occupancy of certain lots for residential
purposes, for 5 years from September 1, 1909.
FLORIDA. 53
PENSACOLA MILITARY RESERVATION.
The above reservation contains 269.39 acres and is near Pensacola
in Escambia County, being Lot 2 of Section 4, and Lots 1 and 2 of
Section 9, in Township 3 South, Range 29 West, and fractional sec-
tion 1, of Township 3 South, Range 30 West. Reserved from the
public domain for the future military and naval defence of Pensa-
cola Harbor, Florida, by Executive Order, dated August 21, 1897.
For jurisdiction see General Act of Cession.
Easement: Joint Resolution of Congress, approved January 30,
1871, granted to the Pensacola and Barrancas Railroad Company
the right to construct its road upon and through the reservation.
PERDIDO BAY.
i
(East side of entrance to)
This reservation, situated west of Pensacola, contains 109.9 acres.
A part of the public domain ceded by Spain, it was set apart and
declared a military reservation by Executive Order, dated February
9, 1842.
For jurisdiction see General Act of Cession.
FORT PICKENS.
This reservation embraces the whole of Santa Rosa Island, except
the Marine Hospital tract, and is unsurveyed. It is situated off the
southern end of Santa Rosa County extending along the coast the full
width of said county. Fort Pickens on the western point is 1 mile
from Fort Barrancas.
Title to the Island was acquired as follows :
Deed from Joseph M. White, Attorney in fact of Henry Michelet,
dated May 28, 1828, conveying approximately 1,181 acres on the west
end of Santa Rosa Island^ Recorded in Deed Book No. 2 pages 350
and 351, Santa Rosa County Records. (Report on Title shows that
the Spaniards always maintained a battery at Fort Arriunado, on the
western side of the island opposite Fort Barrancas, for the defense of
the entrance to Pensacola Bay. The United States therefore suc-
ceeded Spain under the Treaty "of 1819.)
The Island was reserved for naval purposes by Executive Order,
dated April 21, 1838. The west end of Island transferred to Wai-
Department, by Executive Order dated May 21, 1888. The reserva-
tion modified and extended to include the whole of said Santa Rosa
Island by Executive Order, dated July 2, 1888.
On January 27, 1903, a strip of land the full width of Santa Rosa
Island and extending one half mile east and one half mile west from
the hospital located at the quarantine station on said island, was
transferred to the Treasury Department for the use of the Marine
Hospital Service.
Jurisdiction, same as Fort Barrancas.
Revocable Licenses: License, March 3, 1884, to the Treasury De-
partment to occupy a strip of land for the use of a life-saving station ;
and license, June 27, 1908, to Robert Broadbend, keeper, to build cot-
tages outside of station lot to house families of crew.
54 UNITED STATES MILITARY RESERVATIONS, ETC.
License, September 22, 1888, to M. C. Snyder to reside on the
reservation.
License, March 10, 1897, to W. A. Watson to erect a set of ways on
the reservation.
License, February 14, 1898, to Aniello di Lustro to erect and main-
tain a temporary boarding house on the reservation.
License, October 10, 1901, to Charles Burton to build and maintain
a public bath establishment on the reservation.
License, January 12, 1904, to H. H. Lewis, et al., to build a wharf
and erect a pavilion on the reservation.
License, September 29, 1908, to H. H. Thornton for pavilion.
ST. ANDREW'S BAY.
This reservation, including Hurricane Island, is situated near the
entrance to St. Andrew's Bay in Washington County.
The lands are more particularly described as lots 1 and 2 of Section
4, lots 1, 2, 3 and 4 of Section 5 ; lots 1 and 2 of Section 6, and frac-
tional sections 8 and 9 of Township 5 South, Range 14 West, includ-
ing Hurricane Island. Also, lots 2 and 3 of Section 15 ; lots 1, 2, 3,
4 and 5 of Section 22; lots 1, 2, 3 and 4 of Section 23; lot 2 of
Section 25; lots 1, 2 and 3 of Section 26, and fractional sections 27
and 35 in Township 4 South, Range 15 West.
The area of surveyed land is 1,503.84 acres and of Hurricane
Island unsurveyed, about 100 acres.
Reserved from the Public Domain by Executive Order, dated May
3, 1897.
For jurisdiction see General Act of Cession.
Revocable Lease: Five years from June 1, 1909, to W. F. Look, at
$110 per annum.
ST. AUGUSTINE NATIONAL CEMETERY.
This was the old post cemetery at St. Augustine. It was announced
as a national cemetery of the fourth class in G. O. 86, A. G. O.,
December 7, 1881.
This reservation contains 117.7 acres, and is situated near Mayport,
in Duval County.
The title is as follows:
1. Decree of Condemnation for the above tract in a cause entitled
" In Re Condemnation of St. John's Bluff," in the Circuit Court of
the United States, for the Southern District of Florida. Decree
rendered April 25, 1901, and filed in the Clerk's Office of said Court.
2. Deed from John F. Horr, United States Marshal for the South-
ern District of Florida, dated April 10, 1902, conveying the above
tract. Recorded in Book 10, page 712, of the records of Duval
County.
Jurisdiction was ceded, in accordance with paragraph 3 of the
General Act of Cession, by deed from the Governor of the State,
June 25, 1904. Deed recorded in Deed Book A, pages 27 to 29, in
the office of the Secretary of the State of Florida.
FLORIDA. 55
This reservation includes the whole neck or peninsula forming the
Bay of St. Joseph from its northern extremity or Point St. Joseph to
its connection with the mainland at the eastern shore of the Bay
including Cape San Bias.
Title is as follows : Reserved for military purposes under the pro-
visions of an Act of Congress approved June 28, 1832, by order of
the Secretary of War, dated March 23, 1849.
For jurisdiction see General Act of Cession.
TWO ISLANDS NEAR ST. AUGUSTINE.
These are small Islands in the main channel of the Mantanzas
River near St. Augustine and contain an area aggregating about 2
acres. The title is as follows: As part of the public domain they
were reserved for military purposes by Executive Order dated May
31, 1892.
Jurisdiction, same as Fort Barrancas.
ST. FRANCIS BARRACKS.
This reservation, comprising the barracks lot, the military hospital
lot, the powder house lot, and the " Hedrick lot " or " powder mag-
azine lot," contains about 20 acres, and is situated in the city of St.
Augustine. Title is as follows:
1. Part of the premises was reserved under act of Congress, June
28, 1832, by orders of the Secretary of War in letters dated October
12, 1839, and March 23, 1849. See G. O. No. 58, A. G. O., 1893, for
Executive Order publishing and defining the boundaries of the res-
ervation as it then existed, excepting the powder house lot.
2. A parcel of land, designated as the " Hedrick lot," or " powder
magazine lot," was conveyed to the United States, in exchange for
the " custom-house lot," by the following deed :
Deed from Charles F. Hamblen and wife, dated February 10, 1902,
conveying the Hedrick or powder magazine lot. Recorded in Book
2, page 462, of the records of St. John's County.
Exclusive jurisdiction was ceded by the Governor, September 4,
1893, and over the Hedrick tract, June 14, 1902. See also General
Act of Cession.
Lease, August 15, 1907, to State of Florida, of the Hospital and
Barracks lots, excepting the cemetery, for five years.
Revocable licenses: License, October 28, 1889, to the St. Augustine
and South Beach Railway Company to maintain as previously located
a wharf for the landing of steamers.
License, January 30, 1890, to the city of St. Augustine to fill up to
the grade of the street the two basins at or near the intersection of
Saint Francis and King Streets with the city wall.
License, April 25, 1895, to the St. Augustine Yacht Club to rebuild
its club-house on a parcel of United States land east of the sea-wall.
License, September 14, 1895, to J. W. Estes to occupy a parcel of
United States land east of the sea wall and to erect thereon a wharf
and building.
56 UNITED STATES MILITARY RESERVATIONS, ETC.
License, August 7, 1903, to J. W. Estes to repair his wharf and
yacht house.
License, September 11, 1903, to Daniel Allen to construct and main-
tain a wharf in front of the sea wall.
Lease dated December 8, 1905, of powder house lot, to Joseph Lynn,
for pasturage purposes.
FORT TAYLOR.
This reservation is situated at the southwestern extremity of the
city of Key West, and contains an area of about 72.21 acres. The
title is as follows:
1. Deed from John Barcroft, Trustee, et al., dated October 15,
1845, conveying 11.89 acres. Recorded in Deed Book D, pages 86 to
88, of the records of Monroe County.
2. Deed from William C. Greene and Elizabeth M. Greene, dated
December 23, 1845, conveying 29 acres. Recorded in Deed Book D,
pages 104 to 106, of same records.
3. Deed from Hetty Greene, dated January 6, 1846, quitclaims
interest in the 29 acres. Recorded in Book D, page 107, of same
records.
4. Deed from John W. Simonton, dated February 17, 1846, con-
veying 22 acres. Recorded in Deed Book D, pages 131, 132 and 133,
of same records.
5. Title to lots, streets, etc., aggregating 9.32 acres, acquired as
follows :
(a) Deed from U. S. Marshal, dated July 31, 1909, under decree of
U. S. Circuit Court of July 14, 1908, conveying to the United States
Lots 17 to 19, and 29 to 32, of square 3 ; lots 5 and 6 of square 4 ; lots
11 to 20 of square 9 ; lot 1, and part of lot 2, and lots 12 to 24 of square
10; all in tract 10; and that part of tract 15 lying south of United
Street, and between Fort and Whitehead Streets, in Key West,
Florida. Deed recorded in Book X, pages 514 to 530, inclusive ; and
in the Office of the Clerk of the Circuit Court in Monroe County,
Florida.
(b) Lots 7 and 8, square 4, and lots 13, 14, 15, 22, 23, and 24, square
11, understood to have been acquired, but title papers thereto have
not been received.
(c) Act of the State Legislature, approved June 8, 1909, vacating
streets within tract acquired under No. 5, supra.
Jurisdiction was ceded by the Acts of the State Legislature ap-
proved July 8 and July 24, 1845, for which see Key West Barracks
for the former and General Act of Cession for the latter act.
Lease, to S. B. Tuell, of " Quarters No. 5," for one year from July
1, 1909.
Revocable Licenses: License, December 16, 1891, to the Key West
Gas and Electric Light Company to construct a ditch from the pond
on the reservation to the boundary thereof.
License, July 16, 1898, to the Key West Gas and Electric Light
Company to lay and maintain an underground pipe from its plant to
the sea across the reservation.
VIRGINIA KEY.
This reservation is situated between Norris Cut and Bear Cut in
Biscayne Bay in Dade County. It includes all the lands unsurveyed
GEORGIA. 57
that lie in Sections 17 and 20, in Township 54 South, Range 42 East,
of Principal Meridian.
Title is as follows: Part of the Public Domain reserved for mili-
tary purposes by Executive Order, dated February 11, 1897. Juris-
diction was ceded by an act of the State Legislature approved July
24, 1845. See General Act of Cession.
GEORGIA.
GENERAL ACT OF CESSION.
" SECTION 1. Be it enacted by the General Assembly of the State of
Georgia that from and immediately after the passing of this act, the
Congress of the United States shall have and maintain jurisdiction in
and over all the lands they have purchased or which have been ceded
or otherwise acquired by them, or hereafter may be acquired, for the
purpose of erecting forts or fortifications in this State: Provided, the
said United States do or shall cause forts or fortifications to be erected
thereon." (Approved December 22, 1808.)
NOTE.— In opinions dated September 26, 1900, and May 8, 1908,
the Attorney General held that this act, although not embodied in
any of the codes, has not been expressly repealed and is still in force
and that under it the United States acquired exclusive jurisdiction
over the Military Reservation of Fort Screven, Georgia.
ANDERSONVILLE NATIONAL CEMETERY.
This cemetery contains an area of 120 acres and is situated about 1
mile from Andersonville, in Sumter County. Title was acquired as
follows : Taken possession of about May 10, 1865 ; possession retained
for National Cemetery purposes and land appraised, paid for and
title confirmed in the United States under the provisions of "An act
to establish and protect National Cemeteries," approved February 22,
1867.
Deed from Benjamin B. Dykes and wife, dated February 9, 1875,
recorded in Clerk's Office of Superior Court in Deed Book Q, of the
deed records of Sumter County.
Jurisdiction was ceded by an act of the State Legislature approved
October 25, 1870, which provides as follows:
" SECTION 1. Be it enacted, etc., That the consent of the legislature
of the State of Georgia is hereby granted to the acquisition, by the
United States, by purchase or otherwise, of all that tract or portion
of land lying and being in the sixteenth district and second section of
Cobb County, containing twenty and one one-hundredth (20 and T£¥)
acres, one part being the south side of lot 1216, the other part being
north parts of lot No. 1233 * * * and also, the additional tractor
parcel of land containing four and eleven one-hundredths (4 and TW)
acres * * * on which said tract or parcel of land is located the
National Cemetery at Marietta, in the county of Cobb, and State
aforesaid; and also all that tract or parcel of land known and dis-
tinguished as lot number one hundred and eighty-one (181) in the
twenty-ninth district of Sumter County, State aforesaid, containing
58 UNITED STATES MILITARY RESERVATIONS, ETC.
two hundred and two and a half (202|) acres, more or less, and on
which is located the National Cemetery at Andersonville, in said
county and State, and that the jurisdiction over said tracts or parcels
of land is hereby ceded to the United States: Provided, however,
That nothing herein contained shall extend, or be construed to extend,
so as to impede or prevent the execution of any process, civil or
criminal, under the authority of this State."
License, December 12, 1907, to George Grouse Post, No. IT, Grand
Army, for building outside of cemetery wall.
AUGUSTA ARSENAL.
This reservation lies near the city of Augusta in Richmond County
and contains an area of about TO acres. The title is as follows :
Deed from Freeman Walker, dated November 9, 1826, conveying TO
acres, recorded in Deed Book T, folios 152 and 153, of the deed records
of Richmond County.
For consent to the purchase and jurisdiction see act of the State
Legislature approved December 26, 1826, which provides as follows:
" Be it enacted, etc., That the consent of the legislature of the State
of Georgia is hereby granted to a purchase which the United States
have lately made from Freeman Walker, of a certain tract of land
situated in the County of Richmond, about three miles above the City
of Augusta, containing seventy acres, for a site for an arsenal and
military establishment, and that the jurisdiction over said
tract is hereby ceded to the United States : Provided, however, That
nothing herein contained shall extend, or be construed to extend, so
as to impede or prevent the execution of any process, civil or criminal,
under the authority of this State."
Revocable License: License, February 4,' 1890, to the Village of
Summerville to use a certain portion of the reservation for a public
street.
CHICKAMAUGA AND CHATTANOOGA NATIONAL, PARK.
The park proper contains an area of 5,668 acres, more or less, and
is situated in the counties of Walker and Catoosa, in the State of
Georgia. Included in the Park reservation, but outside of the park
proper, are the following, situated in Hamilton County, in the State
of Tennessee, viz : Lookout Mountain, 82 acres ; Orchard Knob, T.04
acres; Bragg's Headquarters, 2.50 acres; De Long place, 5.25 acres,
and Trueblood's, 50.00 acres. The lands were acquired for the estab-
lishment of the Park under the provisions of an Act of Congress
approved August 19, 1890. (For additional Park legislation see
Acts of Congress approved, March 3, 1891; August 5, 1892; March
3, 1893; October 2, 1893; August 18, 1894; December 15, 1894;
March 2, 1895; June 11, 1896; February 26, 1896; May 15, 1896;
March 3, 189T, and June 5, 189T.) The title to said several tracts is
as follows:
GEORGIA —
1. Decree of condemnation for part of lot No. 118, in Ninth Dis-
trict, Fourth section, of Walker County, Ga., containing 141.3 acres,
in case No. 15T, The United States v. Stephens E. Kinsey, in the Cir-
GEORGIA. 59
cuit Court of the United States for the Northern District of Georgia.
Decree rendered December 17, 1891, and filed in the Clerk's Office
December 17, 1891.
2. Decree of condemnation for part of Lot 118, in same District,
Section, County and State, containing 16 acres, in case 158, The
United States v. Mary L. Cline, in the Circuit Court of the United
States for the Northern District of Georgia. Decree rendered De-
cember 17, 1891, and filed in the Clerk's Office December 17, 1891.
3. Decree of condemnation for part of Lot 119, in same District,
Section, County and State, containing 23.54 acres, in case 150, The
United States v. John W. Mullis, in the Circuit Court of the United
States for the Northern District of Georgia. Decree rendered De-
cember 17, 1891, and filed in the Clerk's Office December 17, 1891.
See also Decree in same cause correcting mistake in name rendered
March 30, 1892, in same office.
4. Decree of condemnation for part of Lot 119, in same District,
Section, County and State, containing 132 acres; also part of Lot 120
in Ninth District, Fourth Section, of Catoosa County, containing 9.02
acres, in case No. 159, The United States v. George W. Mullis, in the
Circuit Court of the United States for the Northern District of
Georgia. Decree rendered December 17, 1891, and filed in the Clerk's
Office December 17, 1891.
5. Decree of condemnation for part of Lot 119, in Ninth District,
of Fourth Section, Walker County, containing 9.21 acres; also part
of Lot 120 in said District and Section of Catoosa County, Ga., con-
taining 151 acres, in case No. 152, The United States v. George W.
Kelley, in the Circuit Court of the United States for the Northern
District of Georgia. Decree rendered December 18, 1891, and filed
in the Clerk's Office December 18, 1891.
6. Deed from George W. Kelley, dated February 10, 1892, convey-
ing 151 acres of Lot 120, in Ninth District, Fourth Section of Catoosa
County; also 9.21 acres in same district and section of Walker
County, Ga. Recorded in Clerk's Office of Superior Court in Book
H, page 422, of the deed records of Catoosa County and in Book No.
8, pages 164 and 165. of the deed records of Walker County.
7. Decree of condemnation for Lot 121,. in the Ninth District,
Fourth Section, of Catoosa County, Ga., containing 165 acres, in
case No. 156, The United States v. Dyer Thomas, in the Circuit
Court of the United States for the Northern District of Georgia.
Appeal taken from award of Appraisers. Judgment and Decree
entered June 14, 1893, and filed in Clerk's Office June 14, 1893.
8. Decree of condemnation for Lot 122, in the same District, Sec-
tion, County and State, containing 92.63 acres, in case No. 137, The
United States v. Wm. F. Conner and John Roark, in the .Circuit
Court of the United States for the Northern District of Georgia.
Decree rendered January 6, 1893, and filed in the Clerk's Office Jan-
uary 6, 1893.
9. Deed from William F. Conner and John Roark, dated Feb-
ruary 11, 1892, conveying part of Lot 122, in same district. Section,
County and State, containing 72.5 acres, including equity in Reed's
Bridge or Ringgold road, recorded in Clerk's Office of Superior
Court, Book I, pages 42 and 43, of the deed records of Catoosa
County,
60 UNITED STATES MILITARY RESERVATIONS, ETC.
10. Deed from William F. Conner and John Roark, dated Feb-
ruary 11, 1893, conveying part of Lot 122, in same District, Section,
County and State, containing 85.10 acres, recorded in the Clerk's
Office of the Superior Court in Book I, pages 43 and 44, of the deed
records of Catoosa County.
11. Decree of condemnation for part of Lot 130, in same District,
Section, County and State, containing 123.13 acres, in case No. 167,
The United States v. Augustus Peters, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
February 11, 1892, and filed in the Clerk's Office February 11, 1892.
12. Decree of condemnation for part of Lot 130, in same District,
Section, County and State, containing 40 acres, in case No. 168,
The United States v. Joseph Peters, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
February 11, 1892, and filed in the Clerk's Office February 11, 1892.
13. Deed from Joseph Peters and Augustus Peters, dated Feb-
ruary 13, 1892, conveying Lot 130, in same District, Section, County
and State, containing 163.13 acres, recorded in the Clerk's Office of
the Superior Court in Book H, page 448 of the deed records of
Catoosa County.
14. Decree of condemnation for Lot 131, in same District, Section,
County and State, containing 168.68 acres, in case No. 138, The
United States v. Benjamin L. Carlock, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
December 17, 1891, and filed in the Clerk's Office December 17, 1891.
15. Deed from Benjamin L. Carlock, dated February 10, 1892,
conveying Lot 131, in same District, Section, County and State, con-
taining 168.68 acres, recorded in the Clerk's Office of the Superior
Court, Book H, page 432, of the deed records of Catoosa County.
16. Decree of condemnation for Lot 132, in same District, Section,
County and State, containing 164.90 acres, in case No. 139, The
United States v. George A. Thomas et al., in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
December 18, 1891, and filed in the Clerk's Office December 18, 1891.
17. Deed from Georgia A. Thomas et al., dated February 12, 1892,
conveying Lot 132, in same District, Section, County and State, con-
taining 164.90 acres, recorded in the Clerk's Office" of the Superior
Court, Book H, page 424, of the deed records of Catoosa County.
18. Decree of condemnation for Lot 133, in same District, Section,
County and State, containing 165 acres, in case No. 133, The United
States v. Joseph C. Kelley, in the Circuit Court of the United States
for the Northern District of Georgia, Decree rendered December 16,
1891, and filed in the Clerk's Office December 16, 1891.
19. Deed from Joseph C. Kelley, dated October 9, 1891, conveying
Lot 133, in same District, Section, County and State, containing 165
acres, recorded in the Clerk's Office of the Superior Court, Book II,
page 412, of the deed records of Catoosa County.
20. Decree of condemnation for Lot 134, in Ninth District, Fourth
Section, of Walker County, Ga., containing 174.80 acres, in case No.
135, The United States v. Samuel T. Osborn, in the Circuit Court of
the United States for the Northern District of Georgia, Decree ren-
dered December 16, 1891, and filed in the Clerk's Office December
16, 1891.
GEORGIA. 61
21. Decree of condemnation for part of Lot 135 in same District,
Section, County and State, containing 79.80 acres, in case No. 128,
The United States v. Elizabeth C. Corbley, in the Circuit Court of
the United States for the Northern District of Georgia. Decree ren-
dered December 16, 1891, and filed in the Clerk's Office December
16, 1891.
22. Decree of condemnation for jmrt of Lot 135 in same District,
Section, County and State, containing 87.08 acres, in case No. 129,
The United States v. Milton Corbley, in the Circuit Court of the
United States for the Northern District of Georgia. Decree ren-
dered December 16, 1891, and filed in the Clerk's Office December
16, 1891.
23. Deed from Milton, Richmond C., and Elizabeth C. Corbley,
dated October 7, 1891, conveying Lot 135 in same District, Section,
County and State, containing 167 acres, recorded in the Clerk's Office
of the Superior Court, Book No. 7, pages 377 and 378, of the deed
records of Walker County.
24. Decree of condemnation for part of Lot 154 in same District,
Section, County and State, containing 97 acres, in case No. 134, The
United States v. Mary J. Merciers et al., in the Circuit Court of the
United States for the Northern District of Georgia. Decree ren-
dered December 17, 1891, and filed in the Clerk's Office December 17,
1891.
25. Decree of condemnation for part of Lot 155 in same District,
Section, County and State, containing 14.9 acres, also for part of
Lot 170 in same District, etc., containing 24J acres, in case No. 130,
The United States v. Lee H. Dyer in the Circuit Court of the United
States for the Northern District of Georgia. Decree rendered De-
cember 16, 1891, and filed in the Clerk's Office December 16, 1891.
26. Decree of condemnation for part of Lot 155 in same District,
Section, County and State, containing 150.2 acres, also for part of
Lot 170 in same District, etc., containing 104J acres, in case No. 131,
The United States v. S. B. Dyer, in the Circuit Court of the United
States for the Northern District of Georgia. Decree rendered De-
cember 17, 1891, and filed in Clerk's Office December 17, 1891.
27. Deed from Sillsbee Dyer et al., dated October 7, 1891, convey-
ing Lot 155, containing 165 acres, and Lot 170, containing 178 acres,
both in said same District, Section, County and State, recorded in
the Clerk's Office of the Superior Court, Book No. 7, pages 375 to 377,
of the deed records of Walker County.
28. Decree of condemnation for Lot 156, in Ninth District, Fourth
Section of Catoosa County, Ga., containing 152.96 acres, in case No.
136, The United States v. I. W. McConnell and James W. Crouch, in
the Circuit Court of the United States for the Northern District of
Georgia. Decree rendered December 16, 1891, and filed in the Clerk's
Office December 16, 1891.
29. Decree of condemnation for part of Lot 157, in same District,
Section, County and State, containing 121.25 acres, in case No. 140,
The United States v. Mary Freeman, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
December 17, 1891, and filed in Clerk's Office December 17, 1891.
30. Deed from Mary V. Bird, formerly Mary V. Freeman, dated
February 12, 1892, conveying part of Lot 157, containing 121.25 acres,
recorded in the Clerk's Office of the Superior Court, Book H, page
434, of the deed records of Catoosa County.
62 UNITED STATES MILITAKY RESERVATIONS, ETC.
31. Decree of condemnation for part of Lot 157, in the same Dis-
trict, Section, County and State, containing 40 acres, in case No. 141,
The United States v. A. C. Stone and J. M. Jones, in the Circuit Court
of the United States for the Northern District of Georgia. Decree
rendered December 18, 1891, and filed in the Clerk's Office December
18, 1891.
32. Deed from Adrian C. Stone and James M. Jones, dated Febru-
ary 12, 1892, conveying part of Lot 157, in same District, Section,
County and State, containing 40 acres, recorded in the Clerk's Office
of the Superior Court, Book H, page 426, of the deed records of
Catoosa County.
33. Decree of condemnation for Lot 158, in the same District, Sec-
tion, County and State, containing 163.56 acres, in case No. 142, The
United States v. Don Cameron Reed, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
December 18, 1891, and filed in the Clerk's Office December 18, 1891.
34. Deed from D. C. Reed, dated February 10, 1892, conveying Lot
158 in same District, Section, County and State, containing 163.56
acres, recorded in the Clerk's Office of the Superior Court, Book H,
page 431, of the deed records of Catoosa County.
35. Decree of condemnation for part of Lot 159 in same District,
Section, County and State, containing 80.50 acres, in case No. 169,
The United States v. Edgar L. Park, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
February 11, 1892, and filed in the Clerk's Office February 11, 1892.
36. Deed from Edgar L. Park, dated February 10, 1892, conveying
part of Lot 159 in same District, Section, County and State, contain-
ing 80.50 acres, recorded in the Clerk's Office of the Superior Court,
Book H, page 452, of the deed records of Catoosa County.
37. Decree of condemnation for part of Lot 159 of the same Dis-
trict, Section, County and State, containing 80.50 acres, in case No.
171, The United States v. N. White Smith, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
February 10, 1892, and filed in the Clerk's Office February 10, 1892.
38. Deed from N. White Smith, dated February 10, 1892, conveying
part of Lot 159 in same District, Section, County and State, contain-
ing 80.50 acres, recorded in the Clerk's Office of the Superior Court,
Book H, page 456, of the deed records of Catoosa County.
39. Decree of condemnation for part of Lot 167 in same District,
Section, County and State, containing 37.05 acres, in case No. 151,
The United States v. Joseph W. Osborn, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
December 18, 1891, and filed in the Clerk's Office December 18, 1891.
40. Decree of condemnation for part of Lot 166, in same District,
Section, County and State, containing 84.04 acres, in case No. 166,
Tlie United States v. Joseph W. Osborn in .the Circuit Court of the
United States for the Northern District of Georgia. Decree ren-
dered February 10, 1892, and filed in the Clerk's Office February 10,
1892.
41. Deed from Joseph W. Osborn, dated February 13, 1892, convey-
ing part of Lot 167 in same District, Section, County and State, con-
taining 37.50 acres, also part of Lot 166 same District, etc. Containing
84.04 acres, recorded in the Clerk's Office of the Superior Court, Book
H, page 454, of the deed records of Catoosa County.
GEOEGIA. 63
42. Decree of condemnation for part of Lot 167 in same District,
Section, County and State, containing 78.41 acres, in case No. 144,
The United States v. William F. Conner, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
January 6, 1893, and filed in the Clerk's Office January 6, 1893.
43. Deed from William F. Conner, dated March 27, 1893, convey-
ing part of Lot 167 in same District, Section, County and State, con-
taining 78.41 acres, recorded in the Clerk's Office of the Superior
Court, Book I, pages 40-41, of the deed records of Catoosa County.
44. Decree of condemnation for part of Lot 167 in same District,
Section, County and State, containing 49.8 acres, in case No. 143, The
United States v. John C. Speers, in the Circuit Court of the United
States for the Northern District of Georgia. Decree rendered De-
cember 18, 1891, and filed in the Clerk's Office December 18, 1891.
45. Deed from John C. Speers, dated February 10, 1892, conveying
part of Lot 167 in same District, Section, County and State, contain-
ing 49.80 acres, recorded in the Clerk's Office of the Superior Court,
Book H, page 445, of the deed records of Catoosa County.
46. Decree of condemnation for Lot 168 in same District, Section,
County and State, containing 163 acres, in case No. 145, The United
States v. Geo. W. Brotherton et al., in the Circuit Court of the United
States for the Northern District of Georgia. Decree rendered Decem-
ber 17, 1891, and filed in the Clerk's Office December 18, 1891. See
also Decree in same cause amending former Decree, rendered May
3, 1892, and filed with original Decree.
47. Deed from James L. Brotherton et al., dated February 12, 1892,
conveying Lot 168 in same District, Section, County and State, con-
taining 163 acres. Eecorded in Clerk's Office of the Superior Court,
Book H, page 513, of the deed records of Catoosa County.
48. Quitclaim Deed from Wm. J. Brotherton, dated April 25, 1892,
conveying Lot 168 of the same District, Section, County and State,
containing 160 acres. Recorded in the Clerk's Office of the Superior
Court, Book H, page 516, of the deed records of Catoosa County.
49. Decree of condemnation for Lot 169 in the same District, Sec-
tion, County and State, containing 159.38 acres in case No. 127, The
United States v. George W. Brotherton et al., in the Circuit Court
of the United States for the Northern District of Georgia. Decree
rendered December 16, 1891, and filed in the Clerk's Office December
16, 1891.
50. Deed from James L. Brotherton et al., dated October 9, 1891,
conveying Lot 169 in the same District, Section, County and State,
containing 160 acres. Recorded in the Clerk's Office of the Superior
Court, Book H, page 410, of the deed records of Catoosa County.
51. Decree of condemnation for part of Lot 170 in the Ninth Dis-
trict, Fourth Section of Walker County, Ga., containing 49J acres, in
case No. 132, The United States v. William M. Ireland, in the Cir-
cuit Court of the United States for the Northern District of Georgia.
Decree rendered December 16, 1891, and filed in the Clerk's Office
December 16, 1891.
52. Deed from Charles J. Osburn, dated June 25, 1892, conveying
part of Lot 171 in same District, Section, County and State, contain-
ing 8 acres and reversionary interest in right of way occupied by Chat-
tanooga, Rome and Columbus Railroad. Recorded in Clerk's Office
64 UNITED STATES MILITARY RESERVATIONS, ETC.
of Superior Court, Book No. 8, pages 358 and 359, of the deed records
of Walker County.
53. Deed from Julia A. Kush, dated May 25, 1892, conveying part of
Lot 171, same District, Section, County and State, containing 6.93
acres less a right of way granted to the Chattanooga, Eome and Co-
lumbus Railroad Company, 60 feet wide and 671 feet long, also con-
veys reversionary interest in said right of way. Recorded in the
Clerk's Office of the Superior Court, Book No. 8, pages 356 to 358, of
the deed records of Walker County.
54. Deed from W. M. Weathers, dated October 8, 1892, conveying
part of Lot 171 of the same District, Section, County and State,
containing 20,600 square feet, known as Lot 1, Battlefield Station.
Recorded in the Clerk's Office of the Superior Court, Book No. 8,
pages 413 and 414, of the deed records of Walker County.
55. Decree of condemnation for part of Lot 191 in same. District,
Section, County and State, containing 3.9 acres ; also part of Lot 190,
same District, etc., containing 0.93 acre, in case No. 174, The United
States v. Mary Weathers, in the Circuit Court of the United States
for the Northern District of Georgia. Decree rendered February 10,
1892, and filed in the Clerk's Office February 10, 1892. See' also
Decree in same case amending former Decree, rendered May 3, 1892,
and filed with original decree.
56. Decree of condemnation for part of Lot 191 in same District,
Section, County and State, containing 185 acres, case No. 155, The
United States v. George W. Brotherton, in the Circuit Court of the
United States for thQ Northern District of Georgia. Decree ren-
dered December 17, 1891, and filed in the Clerk's Office December 17,
1891.
57. Deed from George W. Brotherton, dated February 10, 1892,
conveying part of Lot 191, in same District, Section, County and
State, containing 185 acres, and also his reversionary interest in the
land occupied by the Chattanooga, Rome and Columbus Railroad.
Recorded in the Clerk's Office of the Superior Court, Book No. 8,
pages 274 and 275, of the deed records of Walker County.
58. Decree of condemnation for Lot 192 in Ninth District, Fourth
Section of Catoosa County, Ga., containing 173.80 acres, in case No.
162, The United States v. J. A. Gross et al., in the Circuit Court of
the United States for the Northern District of Georgia. Decree ren-
dered February 11, 1892, and filed in the Clerk's Office February 11,
1892.
59. Decree of condemnation for Lot 193 in same District, Section,
County and State, containing 183.31 acres, in case No. 149, The
United States v. Sarah E. Case et al., in the Circuit Court of the
United States for the Northern District of Georgia. Decree ren-
dered December 18, 1891, and filed in the Clerk's Office December 18,
1891.
60. Deed from Frank P. Case et al., dated February 10, 1892,
conveying Lot 193 in same District, Section, County and State, con-
taining 183.31 acres. Recorded in Clerk's Office of the Superior
Court, Book H, page 443, of the deed records of Catoosa County.
61. Deed from James C. Gordon, dated February 10, 1892, con-
veying Lot 193 in same District, Section, County and State, in-
cluding "all interest," etc. Recorded in the Clerk's Office of the
Superior Court, Book H, page 447, of the deed records of Catoosa
County.
GEORGIA. 65
62. Decree of condemnation for Lot 194 in same District, Section,
County and State, containing 170 acres, in case No. 148, The United
States v. James C. Gordon, in the Circuit Court of the United States
for the Northern District of Georgia. Decree rendered December IT,
1891, and filed in the Clerk's Office December IT, 1891.
63. Decree of condemnation for part of Lot 195, in same District,
Section, County and State, containing 135.91 acres ; also part of Lot
166 in same District, etc., containing 82 acres; also part of Lot 203
in same District, etc., containing 92 acres, in case No. 163, The United
States v. James C. Gordon, in the Circuit Court of the United States
for the Northern District of Georgia. Decree rendered February 11,
1892, and filed in the Clerk's Office February 11, 1892. See also agree-
ment between J. C. Gordon and U. S. Agent filed in said cause reserv-
ing creek and water power, etc., dated November 25, 1891.
64. Deed from James C. Gordon, dated August 2, 1892, conveying
part of Lot 194, in same District, Section, County and State, con-
taining 1TO acres; also part of Lot 195, in same District, etc., con-
taining 135.91 acres ; also part of Lot 203, in same District, etc.,
containing 92 acres; also part of Lot 166, in same District, etc.,
containing 82 acres. Recorded in the Clerk's Office of the Superior
Court, Book H, page 524, of the deed records of Catoosa County.
65. Decree of condemnation for part of Lot 204 in same District,
Georgia.
rendered February 12, 1892, and filed in the Clerk's Office February
12, 1892. See also Decree in the same case amending former Decree,
rendered May 3, 1892, and filed with original decree.
66. Decree of condemnation for part of Lot 205 in same District,
Section, County and State, containing 0.38 acre, in case No. 160, The
United States v. The Crawfish Springs Land Company, in the Circuit
Court of the LTnited States for the Northern District of Georgia.
Decree rendered December 18, 1891, and filed in the Clerk's Office
December 18, 1891.
6T. Decree of condemnation for part of Lot 205 in same District,
Section, County and State, containing T6.55 acres, in case No. 146,
The United States v. Samuel W. Devine, in the Circuit Court of the
United States for the Northern District of Georgia. Decree rendered
May 21, 1892, and filed in the Clerk's Office May 21, 1892.
68. Deed from Samuel W. Devine, dated March 14, 1892, convey-
ing part of Lot 205 in said District, Section, County and State, con-
taining T6.55 acres. Recorded in the Clerk's Office of the Superior
Court, Book H, page 518, of the deed records of Catoosa County.
69. Decree or condemnation for part of Lot 206 in Ninth District,
Fourth Section of Walker County, Ga., containing 80.T2 acres, in
case No. 154, The United States v. James R. Horton, in the Circuit
Court of the United States for the Northern District of Georgia.
Decree rendered December 18, 1891, and filed in the Clerk's Office De-
cember 18, 1891.
TO. Deed from James R. Horton, dated April 16, 1892, conveying
part of Lot 206 in same District, Section, County and State, contain-
ing T9.T2 acres. Recorded in the Clerk's Office of the Superior Court,
Book No. 8, pages 2T6 and 2TT, of the deed records of Walker County.
16809—10 5
66 UNITED STATES MILITARY RESERVATIONS, ETC.
71. Decree of condemnation for part of Lot 206, in same District,
Section, County and State, containing 10 acres, in case No. 175, The
United States v. Mary Weathers et al., in the Circuit Court of the
United States for the Northern District of Georgia. Decree ren-
dered February 12, 1892, and filed in Clerk's Office February 12, 1892.
72. Decree- of condemnation for part of Lot 206, in same District,
Section, County and State, containing 80.72 acres, in case No. 153,
The United States v. W. M. Ireland, in the Circuit Court of the
United States for the Northern District of Georgia. Decree ren-
dered December 16, 1891, and filed in the Clerk's Office December 16,
1891.
73. Deed from W. M. Ireland, dated February 10, 1892, conveying
part of Lot 206, of the same District, Section, County and State, con-
taining 80.72 acres, recorded in the Clerk's Office of the Superior
Court, Book No. 8, pages 162 and 163, of the Deed records of Walker
County.
74. Decree of condemnation for part of Lot 227, in same District,
Section, County and State, and part of Lot 228, in same District and
Section of Catoosa County, Ga., containing 57 acres, in case No. 161,
The United States v. The Crawfish Springs Land Co., in the Circuit
Court of the United States for the Northern District of Georgia.
Decree rendered February 11, 1892, and filed in the Clerk's Office
February 11, 1892. See also Decree in same case amending former
Decree, rendered March 30, 1892, and filed with original Decree.
75. Decree of condemnation for part of Lot 205, in Ninth District,
Fourth Section of Catoosa County, Ga., containing 76.17 acres; also
part of Lot 228 in same District, etc., containing 37 acres, in con-
solidated cases Nos. 147 and 170, The United States v. Joseph T.
Scott et al., in the Circuit Court of the United States for the North-
ern District of Georgia. Decree rendered June 23, 1893, and filed in
the Clerk's Office June 23, 1893.
76. Decree of condemnation for part of Lot 229, of the same Dis-
trict, Section, County and State, containing 90.50 acres, in case No.
173, The United States v. Samuel Hall et al., in the Circuit Court of
the United States for the Northern District of Georgia. Decree ren-
dered February 12, 1892, and filed in the Clerk's Office February 12,
1892. See also Decree in same case amending former Decree, ren-
dered May 3, 1892, and filed with original Decree.
77. Decree of condemnation for part of Lot 230, in same District,
Section, County and State, containing 155.54 acres, in case No. 164,
The United States v. Jeptha F. Hunt, in the Circuit Court of the
United States for the Northern District of Georgia. Decree ren-
dered February 11, 1892, and filed in the Clerk's Office February 11,
1892.
78. Deed from Jeptha F. Hunt, dated February 27, 1892, convey-
ing part of Lot 230, in same District, Section, County and State,
containing 155.54 acres, recorded in the Clerk's Office of the Superior
Court, Book H, page 441, of the deed records of Catoosa County.
79. Deed from M. M. Church and Leon A. Camp, dated May 11,
1898, conveying Lot 94, in the Ninth District and Fourth Section of
Catoosa County, containing 160 acres. Deed recorded in the Clerk's
Office of the Superior Court in Book J, pages 61 and 62, of the deed
records of Catoosa County.
GEORGIA. 67
80. Deed from Caroline M. Braden, 'dated May 16, 1898, convey-
ing a part of Lot 171, in the Ninth District, Fourth Section of
Walker County, containing one-third of an acre. Deed recorded in
Clerk's Office of the Superior Court, in Deed Record 12, on pages
423 and 424, of the records of Walker County.
(See Fort Oglethorpe, page 75 post.}
80a. Deed from Sarah E. and Joseph N. Wilson, dated August 18,
1902, conveying a portion of Lot 85, containing 32.50 acres; and a
portion of Lot 96, containing 64.91 acres, situated in the Ninth Dis-
trict, Fourth Section of Catoosa County ; deed recorded in Deed Book
K, pages 140-142, of the records of said county.
. 80b. Deed from Martha A. Ward and Hariet E. Wilson, dated
August 5, 1902, conveying a portion of Lot 96, containing 69.83 acres,
situated in the Ninth District, Fourth Section of Catoosa County;
deed recorded in Deed Book K, page 149, of the records of said
county.
80c. Deed from Elizabeth Cannon and Thomas Cannon, her hus-
band, dated August 8, 1902, conveying a portion of Lot 96, contain-
ing 20 acres, situated in the Ninth District, Fourth Section of
Catoosa County; deed recorded in Deed Book K, pages 150-151, of
the records of said county.
80d. Deed from George W. Schmitt and Bell Schmitt, his wife,
dated August 2, 1902, conveying a portion of Lot 85, containing 17
acres, situated in Ninth District, Fourth Section of Catoosa County;
deed recorded in Book K, page 139, of the records of said county.
80e. Deed from Thomas Tallent and Sarah Tallent, his wife, dated
August 5, 1902, conveying a portion of Lot 85, containing 9 acres;
and a portion of Lot 84, containing approximately one -tenth of an
acre, situated in the Ninth District, Fourth Section of Catoosa
County ; deed recorded in Deed Book K, pages 137-138, of the records
of said county.
80f. Deed from Adelphia Barringer, dated July 28, 1902, convey-
ing a portion of Lot 84, containing 1.24 acres, situated in Ninth Dis-
trict, Fourth Section of Catoosa County ; deed recorded in Deed Book
K, pages 142-143, of the records of said county.
80g. Deed from Joseph B. Dixon and Sarah M. Dixon, his wife,
dated August 7th, 1902, conveying a portion of Lot 97, containing
124.69 acres, situated in Ninth District, Fourth Section of Catoosa
County; deed recorded in Deed Book K, pages 128-129, of the rec-
ords of said county.
80h. Deed from John Quincy Adams and Laura R. Adams, his
wife, dated August 13, 1902, conveying a portion of Lot 97, contain-
ing 20.54 acres, situated in Ninth District, Fourth Section of Catoosa
County; deed recorded in Deed Book K, pages 130-131, of the rec-
ords 01 said county.
80i. Deed from Macklena Flock, dated August 8, 1902, conveying
a portion of Lot 97, containing 6 acres, situated in Ninth District,
Fourth Section of Catoosa County; deed recorded in Deed Book K,
pages 131-132, of the records of said county.
80k. Deed from Samuel W. Divine, dated August 5, 1902, convey-
ing a portion of Lot 98, containing 32.8 acres, situated in Ninth Dis-
trict, Fourth Section of Walker County; deed recorded in Book 15
of Deeds, page 522, of the records of said county.
68 UNITED STATES MILITARY RESERVATIONS, ETC.
801. Deed from Laura A. Sowell, guardian for A. B. Howell, a
lunatic, dated February 3, 1903, conveying a portion of Lot 83, con-
taining 108.1 acres, situated in Ninth District, Fourth Section of
Walker County ; deed recorded in Book 16 of Deeds, page 196, of the
records of said county.
80m. Deed from Mrs. Mary A. Scott, et al., dated May 19, 1903,
conveying a portion of Lot 85, containing 115.46 acres ; and a portion
of Lot 84, containing 37.99 acres ; and a portion of Lot 84, containing
15.05 acres; situated in the Ninth District, Fourth Section of Ca-
toosa County; deed recorded in Deed Book K, pages 251-255, of the
records of said county. The conveyance of the tract of 37.99 acres
in Lot 84, is made subject " to the interest conveyed by deed from
John H. Scott, deceased, to G. W. Kelley, et al., trustees, dated
December 14, 1883, recorded in Book F, page 170, in the land records
of Catoosa County, in a tract of two acres, more or less, in the south-
west corner of the parcel of land herein conveyed ". (For extin-
guishment of this claim see " 80n " infra.)
80n. Deed from Lee Fossett, et al., trustees of the Cloud Spring
Missiona^ Baptist Church, dated December 4, 1902, conveying to the
United States all the right, title and interest of said Church, or
themselves, as said trustees, to the right of way in the grant from
W. H. Hargrave and John H. Scott, dated December 12, 1883; as
well as to the tract of land mentioned in the grant from John H.
Scott, dated December 14, 1883 ; referred to in *4 80m " supra. Deed
recorded in Book K, pages 431-438. of the records of said county.
80o. Deed from AY. H. Hargrave and Birdie L. Bennett nee Har-
grave, dated August 14, 1902, conveying a portion of Lot 84, contain-
ing 95.45 acres, and a portion of Lot 84, containing 30.06 acres, situ-
ated in Ninth District, Fourth Section of Catoosa County; deed
recorded in Book K, pages 672-675, of the records of said county.
80p. Deed from same parties, dated September 26, 1902, correcting
error in description of first parcel in preceding deed (80o).; deed
recorded in Book K, pages 668-671, records of Catoosa County,
Georgia.
TENNESSEE —
81. Deed from J. J. Myers and wife, dated April 5, 1893, convey-
ing an undivided half interest in 3f acres, in Hamilton County,
Tenn. (Orchard Knob.) Deed and Plat entered in Notebook No. 7,
page 527. and recorded in Book M, Vol. 5, page 15, et seq., of the
deed records of Hamilton County.
82. Deed from the McCallie Avenue Land and Improvement Com-
pany, dated April 6, 1893, conveying 3.7 acres, in Hamilton County,
Tenn. (Orchard Knob.) Deed and Plat entered in Notebook No. 7,
page 527, and recorded in Book M, Vol. 5. page 18 et seq., of same
records.
83. Deed from Mary Anderson et al., dated April 20, 1893, convey-
ing an undivided interest in 3| acres, in Hamilton County, Tenn.
(Orchard Knob.) Deed and Plat entered in Notebook No. 7, page
527, and recorded in Book M, Vol. 5, page 11 et seq., of same records.
84. Deed from The Bragg Hill Land Company, dated March 16.
1893, conveying about 2.50 acres, therein described, in Hamilton
County, Tenn. (Bragg's Headquarters.) Deed and Plat entered in
Notebook No. 7, page 477, and recorded in Book K, Vol. 5, page 28 et
seq., of same records.
GEORGIA. 60
85. Deed from Kate M. James et al., dated December 19, 1892, con-
veying 5.25 acres therein described, in Hamilton County, Tenn.
(De Long Place, Missionary Ridge.) Deed and Plat entered in
Notebook No. 7, page 397, and recorded in Book G, Vol. 5, page 73
et seq., of same records.
86. Deed from Jesse D. Trueblood and wife, dated December 8,
1894, conveying 17.70 acres, excepting Lots 5, 0, 02 and 03, therein
described, in Hamilton County, Tenn. (Tnieblood's.) Deed, etc.,
entered in Notebook No. 8, page 190, and recorded in Book X, Vol.
5, .page 322 et seq., of same records.
87. Deed from C. A. Crow and wife, dated November 21, 1894,
conveying 12 acres in Hamilton County, Tenn. Deed, etc., entered
in Notebook No. 8, page 100, and recorded in Book X, Vol. 5, page
54 et seq., of same records. (See 90 infra.)
88. Deed from Philomene P. Myer, dated November 20, 1894, con-
veying Lots 5 and 0 in Trueblood's subdivision of Sherman Heights,
in Hamilton County, Tenn. Deed, etc., entered in Notebook No. 8,
page 203, and recorded in Book X, Vol. 5, page 404 et seq., of same
records.
89. Deed from the Covenant Building and Loan Association, dated
March 5, 1905, conveying Lots 02 and 63, in Trueblood's subdivision,
etc., Hamilton County, Tenn. Deed, etc.', entered in Notebook No. 8,
p. 203, and recorded in Book X, Vol. 5, page 400 et seq., of same rec-
ords. (See 97 infra.)
90. Deed from John A. Moon and wife, dated November 22, 1894,
conveying about 15.75 acres on Missionary Ridge, in Hamilton
County, Tenn. Deed, etc., entered in Notebook No. 8, page 100, and
recorded in Book X, Vol. 5, page 51 et seq., of same records.
91. Deed from Mrs. N. J. McMillin, dated September 4, 1890, con-
veying 35.8 acres of land ; also right of way over the land held as an
easement; and also all interest in lands lying between the Chatta-
nooga and Lookout Mountain Railway and the base of the west
bluff of Lookout Mountain, in Hamilton County, Tenn. Deed en-
tered in Notebook No. 8, page 309, and recorded in Book F, Vol. 6,
page 712 et seq., of same records.
92. Deed from W. G. E. Cunnyngham and wife et al., dated Sep-
tember 4, 1890, conveying 40.20 acres of land in the Seventeenth Dis-
trict of Hamilton County, Tenn. Deed entered in Notebook No. 8,
page 384, and recorded in Book H, Vol. 0, page 339 et seq., of same
records.
93. Deed from E. W. Wallace and wife, dated December 21, 1890,
conveying 144,000 square feet of land in the Seventeenth District of
Hamilton County, Tenn. Deed entered in Notebook No. 8, page
384, and recorded in Book H, Vol. G, page 338 et seq., of same records.
94. Deed from Elmer J. Smart et al., trustees, dated July 15, 1898,
conveying certain land therein described. Deed recorded in Book O,
Vol. 0, page 471 et seq.. of same records. '
95. Deed from T. G. Barnhill and wife, dated July 24th 1899,
conveying 2.7 acres, more or less, in the Sixth Civil District of
Hamilton County. Deed entered in Note Book No. 9, Page 150, and
recorded in Book U, Volume 0, page 9 et seq., of same records.
90. Deed from C. A. Crow, dated February 5, 1900, conveying the
12 acres mentioned in deed 87 of this book; deed being to correct
error in instrument dated November 21, 1894. Entered in Note
70 UNITED STATES MILITARY RESERVATIONS, ETC.
Book No. 9, page 190, and recorded in Book V, Volume 6, page 452
et seq., of same records.
97. Deed from Mrs. N. J. McMillin, dated March 16, 1900, con-
veying one-twentieth of an acre, more or less, to correct error in deed
number 89, this book. Deed entered in Note Book No. 9, page
209, and recorded in Book V, volume 6, page 676, of same records.
97a. Deed from Daniel Butterfield and wife, dated April 25, 1900,
conveying, at the request of the Governor of the State of New York,
four parcels of land, containing, respectively, nearly one acre, 0.175
acre, 0.175 acre, and about one-tenth acre, in Hamilton County,
Tenn. ; deed recorded in Book E, volume 8, page 330 et seq., of same
records.
97b. Deed from the Seventy-third Regiment Pennsylvania Vet-
eran Volunteer Association, by Hugh Kennedy and William Fees,
attorneys specially authorized for the purpose, dated November 14,
1905, to site in the village of Sherman Heights, Hamilton County,
Tenn., upon which to erect the monument of said Association. Deed
recorded in Book J, volume 8, page 96 et seq., of same records.
ROADWAYS —
The following deeds convey the title to certain tracts acquired for
roadway purposes:
Ringgold Road. This road extends from the eastern boundary of
the Park to the New York Monument in Ringgold Park.
98. Deed from John S. Love et al., dated August 19, 1896, and
recorded in Book J, Page 356, of the records of Catoosa County.
99. Deed from J. P. Speer et al., dated September 1, 1896,' and
recorded in Book J, Page 350, of same records.
100. Deed from J. J. Reed et al., dated - — , — , 1896, and
recorded in Book J, Pages 484 to 486, of same records.
101. Deed from J. S. Love et al., dated September 1, 1896, and
recorded in Book J, Page 368, of same records.
102. Deed from W. H. Albright et al., dated September 1, 1896,
and recorded in Book J, Pages 458 to 461, of same records.
103. Deed from G. E. D. Russell et al., dated September 1, 1896,
and recorded in Book J, Pages 461 to 463, of same records.
104. Deed from W. T. Park et al., dated September 1, 1896, and
recorded in Book J, Page 398, of same records.
105. Deed from L. L. and C. P. Hitt, dated September 1, 1896, and
recorded in Book J, Pages 340 to 344, of same records.
106. Deed from W. T. Park, dated September 1, 1896, and re-
corded in Book J, Page 378, of same records.
107. Deed from F. M. Powell, dated September 1, 1896, and re-
corded in Book J, Page 360, of same records.
108. Deed from T. E. Anderson et al., dated September 1, 1896,
and recorded in Book J, Pages 343 and 344, of same records.
109. Deed from J. T. Robinson et al, dated September 1, 1896, and
recorded in Book J, Page 364, of same records.
110. Deed from Jacob R. Peters, dated September 15, 1896, and
recorded in Book J, Page 381, of same records.
111. Deed from J. J. Reed, dated September 15, 1896, and recorded
in Book J, Page 375, of same records.
112. Deed from Helen McDaniell, dated August 17, 1897, and re-
corded in Book J, Page 365, of same records.
GEORGIA. 71
113. Deed from the Commissioners Town of Ringgold, dated June
28, 1899, and recorded in Book J, Page 346, of same records.
114. Deed from W. I. Jobe et al., dated August 14, 1899, and re-
corded in Book J, Page 373, of same records.
115. Deed from J. W. Cavender, dated August 31, 1899, and re-
corded in Book J, Page 354, of same records.
116. Deed from A. P. Yates et al., dated September 23, 1899, and
recorded in Book J, Page 370, of same records.
Reeds Bridge Road. This road extends from the La Fayette Road
to the eastern boundary of the Park near Jays Mill.
117. Deed from Jesse B. Beaver, dated December 28, 1900, and re-
corded in Book J, Page 591, of the records of Catoosa County.
118. Deed from Martha A. Ward et aL, dated September 13, 1901,
and recorded in Book J, Pages 713 and 714, of same records.
119. Deed from Jos. B. Dixon, dated October 7, 1901, and recorded
in Book J, Pages 730 and 731, of same records.
120. Deed from C. R. Love, dated October 12, 1901, and recorded
in Book J, Pages 739 and 740, of same records.
Reeds Bridge Road Extension. This road extends from La Fay-
ette Road to the Rapid Transit Railroad Terminus.
121. Deed from the Rapid Transit Company of Chattanooga,
dated March 15, 1901, and recorded in Book 14, Page 563, of the rec-
ords of Walker County.
Rossville and Vittetoe (Dry Valley) Road. This road is one of the
approaches to the Park, and the deeds cover the right of way be-
tween the La Fayette Road at Rossville and junction of the "Mullis-
McFarland Gap Road " at the Murdock trestle, in the heart of Me-
Farland Gap.
122. Deed from H. T. Olmstead, dated March 26, 1902, and re-
corded in Book 15, Page 393, of same records.
123. Deed from Mrs. M. H. Gibson, dated March 28, 1902, and
recorded in Book 15, Page 394, of same records.
124. Deed from John M. McFarland, dated March 29, 1902, and
recorded in Book 15, Page 395, of same records.
125. Deed from T. F. McFarland, dated March 29, 1902, and re-
corded in Book 15, Page 387, of same records.
126. Deed from I. M. Flegal, dated March 29, 1902, and recorded in
Book 15, Page 406, of same records.
127. Deed from Wiley Wall, dated March 29, 1902, and recorded
in Book 15, Page 397, of same records.
128. Deed from C. A. Siekenknecht, dated March 29, 1902, and re-
corded in Book 15, Page 393, of same records.
129. Deed from George Usmiller, dated March 29, 1902, and re-
corded in Book 15, Page 401, of same records.
130. Deed from R. B. Stegall, dated March 29, 1902, and recorded
in Book 15, Page 398, of same records.
131. Deed from John C. Schmitt, dated April 1, 1902, and re-
corded in Book 15, Page 396, of same records.
132. Deed from J. A. McFarland, dated April 2, 1902, and recorded
in Book 15, Page 399, of same records.
133. Deed from Mrs. A. E. Morrison, dated April 2, 1902, and re-
corded in Book 15, Page 404, of same records.
134. Deed from J. R. Conley, dated April 14, 1902, and recorded in
Book 15, Page 391, of same records.
72 UNITED STATES MILITARY RESERVATIONS, ETC.
135. Deed from J. E. McFarland, dated April 16, 1902, and re-
corded in Book 15, Page 387, of same records.
136. Deed from James R. McFarland, dated April 16, 1902, and
recorded in Book 15, Page 404, of same records.
137. Deed from J. R. McFarland, dated April 16, 1902, and re-
corded in Book 15, Page 402, of same records.
138. Deed from T. E. Waters, dated April 28, 1902, and recorded
in Book 15, Page 401, of same records.
139. Deed from Mrs. M. M. Thomas, dated April 29, 1902, and re-
corded in Book 15, Page 395, of same records.
140. Deed from E. W. Royce, dated April 29, 1902, and recorded in
Book 15, Page 403, of same records.
141. Deed from E. C. Blighton and wife, dated May 9, 1902, and
recorded in Book 15, Page 400, of same records.
142. Deed from the Chickamauga Cement Company, dated May 14,
1902, and recorded in Book 15, Page 405, of same records.
143. Deed from John M. McFarland, dated July 21, 1902, and
recorded in Book 15, Page 465, of same records.
Dry Valley and Crawfish Springs Road. This road is one of the
approaches to the Park and reaches from McFarland Gap to the inter-
section of the "Lee and Gordon Mills Road." While completing
inclosure around the Park, some right of way was required for this
road in order to place the fence along its western boundary, provided
by law. This necessitated limited construction work, and the right
of way deeds inclosed were obtained for that purpose.
144. Deed from Amanda E. Smith and husband, dated March 21,
1902, and recorded in Book 15, Page 408, of the records of Walker
County.
145. Deed from Miles Weathers, dated December 16, 1902, and re-
corded in Book 15, Page 198, of same records.
Glass Mill Road. This road from Crawfish Springs to Glass Mill
is one of the approaches to the Park.
146. Deed from J. T. Glass, administrator, etc., and R. C. Stotts,
dated August 14, 1901, and recorded in Book 15, Page 116, of the
records of Walker County.
147. Deed from J. J. Davis, dated August 14, 1901, and recorded
in Book 15, Page 112, of same records.
148. Deed from Pattsy P. Shaver and Sarah E. Bowman, dated
August 14, 1901, and recorded in Book 15, Page 114, of same records.
149. Deed from D. G. Elder, dated November 15, 1901, and re-
corded in Book 15, Page 171, of same records.
150. Deed from Gordon Lee et al., dated November 20, 1901, and
recorded in Book 15, Page 178, of same records.
151. Deed from the Board of Mayor and Aldermen of the city of
Chickamauga, dated April 25, 1902, and recorded in Book 15, Page
439, of same records.
Lafayette Extension Road. This road extends from Lee and Gor-
don's Mill to the Corporation line.
152. Deed from Mrs. T. H. Hunt, dated August 6, 1896, and re-
corded in Book I, Pages 681 and 682, of the records of Catoosa
County.
153. Deed from Harrison Goree and J. C. Wardlaw, dated August
2, 1897, and recorded in Book 13, Page 93, of the records of Walker
County.
GEORGIA. 73
154. Deed from J. B. Wheeler Estate, dated August 5, 1897, and
recorded in Book 13, Pages 100 and 101, of same records.
155. Deed from Mrs. Laura G. Snow, dated August 5, 1897, and
recorded in Book 13, Page 73, of same records.
156. Deed from S. M. Warthen, administrator etc., dated August
5, 1897, and recorded in Book 15, Page 432, of same records.
157. Deed from Benjamin L. Chastain Sr. and W. H. Neely, dated
August 5, 1897, and recorded in Book 13, Page 116, of same records.
158. Deed from The Joseph Henderson Estate, dated August 6,
1897, and recorded in .Book I, Page 684, of the records of Catoosa
County.
159. Deed from Mary A. Jones, dated August 6, 1897, and recorded
in Book 12, Page 322, of the records of Walker County.
160. Deed from Daniel Bolton, dated August 6, 1897, and recorded
in Book 12, Pages 326 and 327, of same records.
161. Deed from Mrs. L. A. Neyman, dated August 14, 1897, and
recorded in Book 13, Page 63, of the same records.
162. Deed from Mrs. E. J. Catlett, dated August 14, 1897, and
recorded in Book 13, Page 64, of same records.
163. Deed from William Nave, dated August 14, 1897, and recorded
in Book 13, Page 61, of same records.
164. Deed from J. F. Catlett, dated August 14, 1897, and recorded
in Book 13, Page 97, of same records.
165. Deed from John B. Henderson, dated August 16, 1897, and
recorded in Book I, Pages 690 to 692, of the records of Catoosa
County.
166. Deed from Joel J. Jones, dated August 16, 1897, and recorded
in Book 12, Pages 323 and 324, of the records of Walker County.
167. Deed from Absalom N. Reichard, dated August 16, 1897, and
recorded in Book 12, Pages 328 and 329, of same records.
168. Deed from A. P. Warrenfells, dated August 17, 1897, and
recorded in Book 13, Page 70, of same records.
169. Deed from John R. Tyner, dated August 18, 1897, and re-
corded in Book 13, Page 55, of same records.
170. Deed from John R. Tyner, dated August 18, 1897, and re-
corded in Book 13, Page 59, of same records.
171. Deed from D. M. Carroll, dated August 18, 1897, and recorded
in Book 13, Page 57, of same records.
- 172. Deed from J. C. Knox, dated August 18, 1897, and recorded
in Book 13, Page 78, of same records.
173. Deed from R. O. Rogers, dated August 18, 1897, and recorded
in Book 13, Page 75, of same records.
174. Deed from J. M. Shields Jr., dated August 19, 1897, and
recorded in Book 13, Page 85, of same records.
175. Deed from J. W. Keys, dated August 19, 1897, and recorded
in Book 13, Page 58, of same records.
176. Deed from William Glass, dated August 19, 1897, and re-
corded in Book 13, Page 62, of same records.
177. Deed from William Glass, dated August 19, 1897, and re-
corded in Book 13, Page 88, of same records.
178. Deed from John R. Tyner, dated August 20, 1897, and re-
corded in Book 13, Page 80, of same records.
179. Deed from William Nave, dated August 20, 1897, and re-
corded in Book 13, Page 81, of same records.
74 UNITED STATES MILITARY RESERVATIONS, ETC.
180. Deed from Mrs. S. A. Warthen, dated August 21, 1897, and
recorded in Book 13, Page 76, of same records.
181. Deed from Mrs. S. A. Warthen, dated August 21, 1897, and
recorded in Book 13, Page 92, of same records.
182. Deed from Mrs. Alice A. Deck, dated August 23, 1897, and
recorded in Book 12, Page 330, of same records.
183. Deed from Mrs. Alice A. Deck, dated August 23, 1897, and
recorded in Book 12, Page 332, of same records.
184. Deed from Oliver P. Fonts, dated August 24, 1898, and re-
corded in Book 13, Page 42, of same records.
185. Deed from J. T. Warrenfells, dated August 24, 1897, and re-
corded in Book 13, Page 69, of same records.
186. Deed from D. T. Scoggins, dated August 25, 1897, and re-
corded in Book 13, Page 95, of same records.
187. Deed from the J. B. Wheeler Estate, dated August 25, 1897,
and recorded, in Book 13, Page 99, of same records.
188. Deed from Willis Jones and Rees Jones, agents etc., dated
August 28, 1897, and recorded in Book 13, Page 53, of same records.
189. Deed from Mary A. Jones, dated August 30, 1897, and re-
corded in Book I, Pages 687 and 688, of the records of Catoosa
County.
190. Deed from William Ball, dated August 30, 1897, and re-
corded in Book 13, Page 114, of the records of Walker County.
191. Deed from Joseph Deck, dated September 2, 1897, and re-
corded in Book 13, Page 49, of same records.
192. Deed from Gordon Lee et al., dated September 20, 1897, and
recorded in Book 12, Pages 319 to 321, of same records.
193. Deed from C. L. Johnston, dated September 30, 1897, and
recorded in Book 13, Page 77, of same records.
194. Deed from R. C. Jones, dated October 12, 1897, and recorded
in Book 13, Page 86, same records.
195. Deed from John H. Moreland, dated October 15, 1897, and
recorded in Book 13, Page 90, of same records.
196. Deed from R. E. Neely, dated October 15, 1897, and recorded
in Book 13, Page 154, of same records.
197. Deed from B. F. Neely, dated October 19, 1897, and recorded
in Book 13, Page 153, of same records.
198. Deed from T. J. Alsobrook, dated October 25, 1897, and
recorded in Book 14, Page 395, of same records.
199. Deed from J. M. Shields Sr., dated October 25, 1897, and
recorded in Book 13, Page 47, of same records.
200. Deed from W. S. Renfro, dated December 14, 1897, and re-
corded in Book 13, Page 67, of same records.
201. Deed from S. A. Rice, dated April 21, 1898, and recorded in
Book 13, Page 45, of same records.
202. Deed from J. M. Wellborn Sr., dated April 21, 1898, and
recorded in Book 13, Page 83, of same records.
203. Deed from Joseph Deck, dated March 21, 1899, and recorded
in Book 13, Page 50, of same records.
204. Deed from Martha Rogers, dated March 25, 1899, and re-
corded in Book 13, Page 52, of same records.
205. Deed from Andrew E. Rogers Jr., dated November 17, 1900,
and recorded in Book 14, Page 389, of same records.
GEORGIA. 75
206. Deed from Daniel Bolton, Guardian etc., dated November 22,
1900, and recorded in Book 14, Page 390, of same records.
207. Deed from Alfred Jones, dated January 7, 1901, and recorded
in Book 14, Page 388, of same records.
Mullis and McFarland Gap Road. This road begins at Ihe " Mul-
lis Road " near the Mullis House, and extends to a junction with
the " Rossville-McFarland Road " in McFarland's Gap.
208. Deed from John Vails, dated June 18, 1903, and recorded in
Book 1C, Page 369, of the records of Walker County.
209. Deed from Archer Dailey, dated June 19, 1903, and recorded
in Book 16, Page 372, of same records.
210. Deed from James R. McFarland et al., dated June 24, 1903,
and recorded in Book 16, Page 382, of same records.
211. Deed from James R. McFarland, dated June 24, 1903, and
recorded in Book 16, Page 376, of same records. I
212. Deed from W. C. Ward, dated June 25, 1903, and recorded
in Book 16, Page 372, of same records.
213. Deed from W. M. Smith, dated June 25, 1903, and recorded
in Book 16, Page 374, of same records.
214. Deed from Caroline Goodlet, dated July 8, 1903, and recorded
in Book 16, Page 381, of same records.
215. Deed from Mrs. Alice A. Cooper and Mrs. Mary Murdock,
dated July 10, 1903, and recorded in Book 16, Page 379, of same
records.
216. Deed from Rose Schneitman, dated July 13, 1903, and recorded
in Book 16, Page 375, of same records.
217. Deed from Harry R. McClelland and wife, dated October 7,
1903, and recorded in Book 16, Page 466, of same records.
Jays Mill Road, at its junction with the " Ringgold Road " at the
eastern Park boundary.
218. Deed from Jacob R. Peters, dated January 31, 1901, and
recorded in Book J, Pages 600 to 602, of the records of Catoosa
County.
Alexanders Bridge Site. For abutment and approach.
219. Deed from James C. Gordon, dated June 12, 1897, and
recorded in Book J, Pages 154 and 155, of the records of Catoosa
County.
Chickamauga-Vittetoe Road. This road extends from southern
boundary of the Park to and through Crittendon Avenue to 10th
Street, and along 10th Street to railroad crossing.
220. Deed from the Chickamauga Coal and Iron Company and the
Estate of J. M. Lee, dated November 21, 1893, and recorded in Book
13, Pages 514 to 516, of the records of Walker County.
La Fayette Road. Deeds for land for the purpose of widening
road, built on land received from the State by cession of its rights,
between the original Park boundary at Dixon's and the Tennessee
State line at Rossville.
221. Deed from Evan Williams and wife, dated March 19, 1901,
and recorded in Book J, Page 621, of the records of Catoosa County.
222. Deed from Mrs. Martha Harrison and Carrie Harrison, dated
March 19, 1901, and recorded in Book J, Page 623, of same records.
223. Deed from Fielding Foster and wife, dated March 19, 1901,
and recorded in Book J, Page 620, of same records.
76 UNITED STATES MILITARY RESERVATIONS, ETC.
224. Deed from J. M. Hinnard, dated March 19, 1901, and recorded
in Book J, Page 622, of same records.
225. Deed from T. F. McFarland, dated March 20, 1901, and re-
corded in Book 14, Page 494, of the records of Walker County.
226. Deed from W. H. Jones, dated March 22, 1901, and recorded
in Book J, Page 632, of the records of Catoosa County.
227. Deed from J. K. Jones, Administrator etc., dated March 22,
1901, and recorded in Book J, Page 624, of same records.
228. Deed from J. M. McFarland, dated March 25, 1901, and re-
corded in Book 14, Page 508, of the records of Walker County.
229. Deed from D. D. Shields and wife, dated August 22, 1902,
and recorded in Book 15, Page 515, of same records.
230. Deed from John M. McFarland, dated February 28, 1903, and
recorded in Book 16, Page 116, of same records.
231. Deed from James Morrison and Mrs. A. E. Morrison, dated
March 27, 1903, and recorded in Book 16, Page 118, of same records.
232. Deed from James Morrison and wife, dated March 27, 1903,
and recorded in Book 16, Page 121, of same records.
232-a. Deed from C. E. Stevens, dated February 14, 1905; re-
corded in Book No. 17 of Deeds, on page 392 of same records.
Orchard Knob Street.
233. Deed from the McCallie Ave. Land and Improvement Com-
pany, dated June 1, 1895, and recorded in Book Z, Vol. 6, Page 503
et seq., of the records of Hamilton County.
234. Deed from W. J. Clift et al, dated August 23, 1895, and re-
corded in Book Z, Vol. 6, Page 505 et seq., of same records.
235. Resolution of Hamilton County Court, October 10, 1895, con-
veying title of Orchard Knob Avenue to the United States.
Crest Road. — This road extends along Missionary Ridge, and is
one of the approaches to the Park.
236. Deed from D. P. Montague, dated April 9, 1893, and recorded
in Book X, Vol. 7, Page 31 et seq., of the records of Hamilton County.
237. Deed from John H. Hogan et al., dated September 29, 1893,
and recorded in Book X, Vol. 7, Page 10 et seq., of same records.
238. Deed from Samuel T. Dervers et al., dated September 30,
1893, and recorded in Book X, Vol. 7, Page 5 et seq., of same records.
239. Deed from John H. Hogan et al, dated September 30, 1893,
and recorded in Book X, Vol. 7, Page 7 et seq., of same records.
240. Deed from George W. Ochs et al., dated September 30, 1893,
and recorded in Book X, Vol. 7, Page 9 et seq., of same records.
241. Deed from Charles V. Payne et al., dated October 9, 1893,
and recorded in Book X, Vol. 7, Page 11 et seq., of same records.
242. Deed from R. P. Johnson et al., dated October 10, 1893, and
recorded in Book X, Vol. 7, Page 17 et seq., of same records.
243. Deed from Ella C. French et al., dated October 31, 1893, and
recorded in Book X, Vol. 7, Page 15 et seq., of same records.
244. Deed from S. J. Brundage, dated November 29, 1893, and re-
corded in Book V, Vol. 7, Page 405 et seq., of same records.
245. Deed from J. E. MacGowan et al., dated December 11, 1893,
and recorded in Book X, Vol. 7, Page 19 et seq., of same records.
246. Deed from J. R. Bennett, dated December 19, 1893, and re-
corded in Book X, Vol. 7, Page 22 et seq., of same records.
247. Deed from J. R. Bennett, dated December 19, 1893, and re-
corded in Book X, Vol. 7, Page 23 et seq., of same records.
GEORGIA. 77
248. Deed from F. J. Bennett, dated December 29, 1893, and re-
corded in Book M, Vol. 6, Page 393 et seq., of same records.
249. Deed from Ella C. French et al., dated January 13, 1894, and
recorded in Book X, Vol. 7, Page 13 et seq., of same records.
250. Deed from F. T. Hardwick et al., dated February 6, 1894, and
recorded in Book X, Vol. 7, Page 32 et seq., of same records.
251. Deed from J. W. Crouch et al., dated February 8, 1894, and
recorded in Book X, Vol. 7, Page 26 et seq., of same records.
252. Deed from Ismar Noa et al., dated February 2G, 1894, and
recorded in Book X, Vol. 7, Page 38 et seq., of same records.
253. Deed from G. W. Martin et al., dated February 26, 1894, and
recorded in Book X, Vol. 7, Page 42 et seq., of same records.
254. Deed from Geo. Kivington et al., dated February 26, 1894,
and recorded in Book X, Vol. 7, Page 44 et seq., of same records.
255. Deed from Cyrena Newman et al., dated February 26, 1894,
and recorded in Book X, Vol. 7, Page 47 et seq., of same records.
256. Deed from D. Y. Grieb, dated April 4, 1894, and recorded in
Book X, Vol. 7, Page 30 et seq., of same records.
257. Deed from W. M. Brown et al., dated April 20, 1894, and re-
corded in Book X, Vol. 7, Page 40 et seq., of same records.
258. Deed from J. T. Hill et al., dated April 21, 1894, and recorded
in Book X, Vol. 7, Page 36 et seq., of same records.
259. Deed from Katie A. Rice et al., dated August 19, 1895, and
recorded in Book 14, Page 496, of the records of Walker County.
260. Deed from the Bragg Hill Land Company, dated September
13, 1899, and recorded in Book V, Vol. 6, Page 133 et seq., of the
records of Hamilton County.
261. Deed from Joseph H. Rathburn, dated June 13, 1902, and
recorded in Book H, Vol. 7, Page 180 et seq., of same records.
262. Deed from Mrs. A. F. Morrison and husband, dated March
27, 1903, and recorded in Book 16, Page 119, of the records of Catoosa
County.
Gap and Crest Road ("Cut-off").
263. Deed from Ida M. White, dated September 6, 1893, and re-
corded in Book 17, Page 43, of the records of Walker County.
264. Deed from Henrietta E. Wormer, dated September 6, 1893,
and recorded in Book 17, Page 46, of same records.
265. Deed from Thomas McKee, dated September 8, 1893, and re-
corded in Book 17, Page 50, of same records.
266. Deed from the Heirs of Samuel and Martha J. Gregg, dated
September 11, 1893, and recorded in Book 17, Page 48, of same
records.
Stevens Gap, by way of Davis Cross-Roads, to Crawfish Springs :
267. Deed from Chickamauga Land Company, dated September 19,
1907, and recorded in Book 20, page 108, of same records.
268. Deed from Robert P. and James S. Burgess, dated September
20, 1907, and recorded in Book 20, page 110, of same records.
269. Deed from J. S. Shropshire, et al., dated September 20, 1907,
and recorded in Book 20, page 112, of same records.
270. Deed from Geo. W. Haslerig, et al., dated September 20, 1907,
and recorded in Book 20, page 114, of same records.
271. Deed from Geo. B. Clements, et al., dated September 20, 1907,
and recorded in Book 20, page 116, of same records.
78 UNITED STATES MILITARY RESERVATIONS, ETC.
272. Deed from Julius L. Clements, et al., dated September 20, 1907,
and recorded in Book 20, page 118, of same records.
273. Deed from Chas. C. Clements, dated September 20, 1907, and
recorded in Book 20, page 120, of same records.
274. Deed from Henry A. Blalock, et al., dated September 20, 1907,
and recorded in Book 20, page 102, of same records.
275. Deed from R. R. Owings, dated September 19, 1907, and re-
corded in Book 20, page 124, of same records.
276. Deed from Chas. H. Glenn, et al., dated September 20, 1907,
and recorded in Book 20, page 128, of same records.
277. Deed from David T. Harris, dated September 20, 1907, and
recorded in Book 20, page 126, of same records.
278. Deed from John R. Ransom, dated - — , 1907, and re-
corded in Book 20, page 130, of same records.
279. Deed from Win. Carroll, et al., Trustees " Bethel " Baptist
Church Association, dated September 20, 1907, and recorded in Book
20, page 132, of same records.
280. Deed from J. L. Brotherton, dated September 20, 1907, and
recorded in Book 20, page 134, of same records.
281. Deed from John F. Bonds, et al., Trustees " Cove " M. E.
Church, South, dated September 20, 1907, and recorded in Book 20,
page 136, of same records.
282. Deed from Nelson D. Smith, dated November 11, 1907. and
recorded in Book 20, page 99, of same records.
283. Deed from E. M. Goodson, et al., dated September 20, 1907,
and recorded in Book 20, page 102, of same records.
284. Deed from Thomas Bonds, dated September 20, 1907, and
recorded in Book 20, page 104, of same records.
285. Deed from Lee H. Dyer, et al., dated September 20, 1907, and
recorded in Book 20, page 106, of same records.
286. Deed from J. W. Lovinggood, dated September 20, 1907, and
recorded in Book 20, page 71, of same records.
287. Deed from Aries Smith, dated September 20, 1907, and re-
corded in Book 20, page 73, of same records.
288. Deed from John D. Pitman, et al., dated September 20, 1907,
and recorded in Book 20, page 69, of same records.
289. Deed from W. H. Martin, et al., dated September 20, 1907. and
recorded in Book 20, page 75, of same records.
290. Deed from Elizabeth Cumpton, dated September 20, 1907, and
recorded in Book 20, page 77, of same records.
291. Deed from Miles C. Bonds, et al., dated September 20, 1907,
and recorded in Book 20, page 79, of same records.
292. Deed from Franklin Harris, Trustee, dated September 23,
1907, and recorded in Book 20, page 81, of same records.
293. Deed from Franklin M. Shaw, dated September 30, 1907. and
recorded in Book 20, page 83, of same records.
294. Deed from James W. Lee, et al., dated November 14, 1907, and
recorded in Book 20, page 85, of same records.
295. Deed from W. P. Lee, dated October 9, 1907, and recorded in
Book 20, page 87, of same records.
296. Deed from Chas. E. Buck, dated September 28, 1907. and re-
corded in Book 20, page 90, of same records.
297. Deed from W. G. Catlett, et al., dated October 4, 1907, and
recorded in Book 20, page 93, of same records.
GEORGIA. 79
298. Deed from J. W. Kirkes et ux., dated October 12, 1907, and
recorded in Book 20, page 95, of same records.
299. Deed from Kobert P. Phillips, dated October 9, 1907, and re-
corded in Book 20, page 97, of same records.
300. Deed from W. A. Coulter, et al., dated November 25, 1907, and
recorded in Book 20, page 524, of same records.
301. Condemnation of right of way on land of Pallie Cook. Pro-
ceedings filed June 16, 1908, and recorded in Book 20, page 527.
302. Condemnation by Board of Roads and Revenues of Walker
County of land of estate of J. D. Stephens, deceased, for MacLemore
Cove Road, September 7, 1909, recorded in Book 22, page 108, of
the deed records of Walker County ; and deed from N. E. Stephens,
et al, heirs of J. D. Stephens, conveying same premises. Recorded
in Book 22, page 92 of same records.
Jurisdiction over that part of the Park and the roads situated in
the State of Georgia was ceded by Acts of the State Legislature
approved November 19, 1890, December 9, 1893, and December 3,
1895. These acts provide as follows:
" SECTION I. Be it enacted, etc., That the jurisdiction of this State
is hereby ceded to the United States of America over all such lands
and roads as are described and referred to in the foregoing preamble
to this act, which lie within the territorial limits of this State, for
the purposes of a National Park, or so much thereof as the National
Congress may deem best: Provided, That this cession is upon the
express condition that the State of Georgia shall so far retain a con-
current jurisdiction with the United States over said lands and roads
as that all civil and criminal process issued under the authority of
this State may be executed thereon in like manner as if this act had
not been passed; and upon the further express conditions that the
State shall retain its civil and criminal jurisdiction over persons and
citizens in said ceded territory as over other persons and citizens in
this State, and the property of said citizens and residents thereon,
except lands and such other property as the General Government
may desire for its use; and that the property belonging to persons
residing within said ceded territory shall be liable to State and
county taxes, the same as if they resided elsewhere, and that citizens
of this State in said ceded territory shall retain all rights of State
suffrage and citizenship: Provided, further, That nothing herein
contained shall interfere with the jurisdiction of the United States
over any matter or subjects set out in the act of Congress establish-
ing said National Park, approved August nineteenth, eighteen hun-
dred and ninety, or with any laws, rules, or regulations that Con-
gress may hereafter adopt for the preservation and protection of its
property and rights in said ceded territory and the proper mainte-
nance of good order therein: Prorided, further, That this cession
shall not take effect until the United States shall have acquired title
to said lands." (Act of November 19, 1890. Laws of Georgia, 1890,
p. 3.)
" SECTION 1. Be it enacted, etc., That from and immediately after
the passage of this act the jurisdiction of the State of Georgia is
ceded to the United* States of America over a strip of fifty feet in
width beginning at or within the corporate limits of the town of
Chickamauga and running northwardly and east of the railway
known as Chattanooga, Rome and Columbus Railroad, on such route
80 UNITED STATES MILITARY RESERVATIONS, ETC.
as now or may hereafter be located and adopted by the said United
States of America, to the Chickamauga and Chattanooga National
Park boundary; also over another strip of land fifty feet wide,
beginning on the Lafayette and Rossville public road at east end of
the Rossville Gap, in Missionary Ridge, and running to a point on
the Missionary Ridge Crest road near the crossing of that road by
the boundary line between Georgia and Tennessee, on such route as
now or may hereafter be located and adopted by the said United
States of America, for the purpose of constructing and maintaining
public roads thereon: Provided, That concurrent jurisdiction is
retained by the State of Georgia on said ceded lands for the purpose
of the administration of the criminal and civil laws of the State of
Georgia and for the purpose of the execution of civil and criminal
process of its courts: Provided, further ', That this cession shall not
take effect until the United States shall have acquired right of way
for said purposes." (Act of December 9, 1893. Georgia Laws, 1893,
p. 110.)
" SECTION I. Be it therefore hereby enacted, etc., That on and after
the passage of this act the jurisdiction of this State is hereby ceded to
the United States of America over all such tracts of land as are de-
scribed in the foregoing preamble (and any other tract or tracts which
may be acquired by the United States of America in the said counties
of Walker and Catoosa, in said State of Georgia,, for park purposes)
whenever title thereto shall have been acquired by the United States.
" SEC. II. Be it further hereby enacted, etc., That the jurisdiction
of this State is hereby ceded to the United States of America over the
following-described public roads, approaches to said National Park,
to wit: The road leading from Chickamauga, Georgia, by way of
Pond Spring Post-office and Gower's Ford to the Davis Cross Roads ;
also the road leading from Lee and Gordon's Mill, by way of Rock
Springs Post-office, to the court-house in the town of Lafayette,
Georgia; also the road from Glass' Mill to the Lafayette and Lee and
Gordon's Mill road, intersecting the said Lafayette road near the
present home place of J. J. Jones — all of said roads as now located :
Provided, That this cession contained in this and the preceding sec-
tion is upon the expressed condition that the State of Georgia shall so
far retain a concurrent jurisdiction with the United States over said
lands and roads as that all civil and criminal process, issued under the
authority of this State may be executed thereon in like manner as if
this act had not been passed, and upon the further expressed condition
that the State shall retain a civil and criminal jurisdiction over per-
sons and citizens in said ceded territory as over other persons and
citizens of said State, and the property of said citizens and residents
thereon, except lands and such other property as the General Gov-
ernment may desire for its use, and that the property belonging to
persons residing in said ceded territory shall be liable to State and
county taxes the same as if they resided elsewhere in said State, and
that citizens of said State in said ceded territory shall retain all
rights of State suffrage and citizenship: Provided further, That
nothing herein contained shall interfere with the jurisdiction of the
United States over any matter or subjects set out in the acts of Con-
gress establishing said National Park, approved August nineteenth,
eighteen hundred and ninety, or with any law, rules, or regulations
that Congress may hereafter adopt for the preservation or protection
GEORGIA. 81
of its property and rights in said ceded territory and the proper
maintenance of good order therein : Provided further, That the cession
shall not take effect until the United States shall, in the case of lands,
have acquired titles thereto, and in the case of roads, provided for
their improvement, and shall have filed a plat or map of the property
so acquired in the office of the secretary of state." (Act of December
3, 1895. Georgia Laws, 1895, p. 77.)
Jurisdiction over that portion of the National Park and the roads
situated in the State of Tennessee was ceded by the following Acts of
the Legislature of said State, approved January 30, 1891, .and Janu-
ary 24, 1895, which provides as follows :
" SECTION 1. Be it enacted, etc., That the jurisdiction of this State
is hereby ceded to the United States of America over all such roads
as are described and referred to in the foregoing preamble to this act
which lie within the territorial limits of this State, for the purposes
of a National Park, or so much thereof as the National Congress may
deem best : Provided, That this cession is upon the express condition
that the State of Tennessee shall so far retain a concurrent jurisdic-
tion with the United States over said roads as that all civil and
criminal process issued under the authority of this State may be
executed thereon in like manner as if this act had not been passed:
Provided further, That nothing herein contained shall interfere with
the jurisdiction of the United States over any matter or subjects set
out in the act of Congress establishing said National Park, approved
August nineteenth, eighteen hundred and ninety, or with any laws,
rules, or regulations that Congress may hereafter adopt for the pres-
ervation and protection of its property and rights on said ceded roads
and the proper maintenance of good order thereon." (Act of Janu-
ary 30, 1891. Acts of Tennessee, 1891, p. 50.)
" SECTION 1. Be it enacted by the general assembly of the State of
Tennessee, That the jurisdiction of this State is hereby ceded to the
United States of America over all such tracts of land as have been
acquired by the United States for the purpose named, and over such
similar tracts of land as may be acquired in said Hamilton County
for park purposes, whenever the title thereto shall have been acquired
by the United States.
"Provided, That this cession is upon the express condition that the
State of Tennessee shall so far retain a concurrent jurisdiction with
the United States over said lands and roads as that all civil and
criminal process issued under the authority of the State may be
executed thereon in like manner as if this act had not been passed.
"Provided further, That nothing herein contained shall interfere
with the jurisdiction of the United States over any matters or sub-
jects set out in the act of Congress establishing said National Park,
approved August nineteenth, eighteen hundred and ninety, or with
any laws, rules, or regulations that Congress may hereafter adopt for
the preservation and protection of its property and rights on said
lands and roads and the proper maintenance thereof.
"Provided further, That this cession shall not take effect until the
United States shall have acquired title to said lands and roads."
(Act of January 24, 1895. Acts of Tennessee, 1895, p. 5.)
See also act approved April 15, 1899, which enlarges and extends
the provisions of above act. (Acts of Tennessee, 1899, p. 576.)
10809—10 6
82 UNITED STATES MILITAKY RESERVATIONS, ETC.
Revocable Licenses: License, April 7, 1903, to the Central of Geor-
gia Railway Company to connect its tracks at the boundary of the
reservation with, and to operate its cars over, the government tracks
within the reservation.
License, April 7, 1903, to the Rapid Transit Company of Chatta-
nooga to connect its tracks at the boundary of the reservation with,
and to operate its cars over, the government tracks within the reser-
vation.
License, November 15, 1904, to the Rapid Transit Company of
Chattanooga to place poles and wires over Government spur track
and for waiting room partly on the reservation.
License, November 30, 1909, to City Water Company for water
main on Crest Road.
FORT McPHERSON.
This reservation contains 236.64 acres and is bounded as described
in G. O. No. Ill, War Dept., June 18, 1906. It is situated south of
and 4 miles from the center of the city of Atlanta in Fulton County.
The title is as follows:
1. Deed from Lucy S. Beard, dated September 9, 1885, conveying
15 acres, recorded in the Clerk's Office of the Superior Court, Book
Z Z, page 212, of the deed records of Fulton County.
2. Deed from Flavins J. Bomar, dated September 9, 1885, convey-
ing 26.17 acres, recorded in the Clerk's Office of the Superior Court,
Book Z Z, page 216, of same records.
3. Deed from Mary S. Connally, dated September 9, 1885, convey-
ing 24.61 acres, recorded in the Clerk's Office of the Superior Court,
Book Z Z, page 215, of same records.
4. Deed from Elizabeth S. Silvey, dated September 9, 1885, con-
veying 25.76 acres, recorded in the Clerk's Office of the Superior
Court, Book Z Z, page 214, of same records.
5. Deed from Annie M. Smith, dated September 9, 1885, conveying
48.55 acres, recorded in the Clerk's Office of the Superior Court, Book
Z Z, page 213, of same records.
6. Deed from Lemuel P. Grant, dated August 18, 1885, conveying
23.70 acres, recorded in the Clerk's Office of the Superior Court, Book
C 3, page 103, of same records.
7. Deed from Aquilla J. Cheney, dated August 20, 1886, conveying
24.94 acres and a small triangular piece containing about 11,040
square feet, recorded in the Clerk's Office of the Superior Court, in
Book C 3, page 101, of same records.
8. Deed from Ada L. Moore, dated August 23, 1886, conveying
23.87 acres, recorded in the Clerk's Office of the Superior Court, Book
C 3, page 102, of same records.
9. Deed from Mrs. C. C. Niles, dated August 23, 1886, conveying
23.55 acres, recorded in the Clerk's Office of the Superior Court, Book
C 3, page 104, of same records.
10. Deed from Mary S. Connally, dated September 10, 1886, con-
veying 10,200 square feet, recorded in the Clerk's Office of the Supe-
rior Court, Book C 3, page 100, of same records.
Easement: Right of way to Commissioners of Fulton County for
road along eastern boundary granted by deed of Secretary of War,
dated March 21, 1909, under act of February 25, 1909. (Public— No.
276.)
GEORGIA. 83
Revocable License: License, March 11, 1909, to Southern Bell Tele-
phone Co. for private telephone service.
Jurisdiction over this reservation was ceded to the United States
by act of the State Legislature, approved September 14, 1885, as*
amended by act approved November 19, 1886. The act as amended
provides as follows :
" Whereas a bill has passed the House of Representatives in the
Congress of the United States providing for the establishment of a '
military post near the city of Atlanta, in the county of Fulton, in
said State, which may become a law before the next meeting of the
General Assembly of this State; and whereas, it is needful that this
State shall cede to the Government of the United States jurisdiction
over such lands as may be acquired for the purpose mentioned:
therefore,
" SECTION 1. Be it enacted, etc., That the jurisdiction of this State
is hereby ceded to the Government of the United States over any
lands, not exceeding two hundred and fifty acres, to which it may
acquire title near the city of Atlanta, in said county of Fulton or
county of De Kalb, for the purpose mentioned in the preamble of
this Act, so long as said land may be used for said purpose : Provided,
always, That the said transfer of jurisdiction is to be made and
granted as aforesaid upon the express condition that this State shall
retain a concurrent jurisdiction with the United States in and over
the land or lands so to be transferred, and every portion thereof so
far that all process, civil or criminal, issuing under authority of this
State or any of the courts or judicial officers thereof upon any person
or persons amenable to the same, within the limits and extent of the
land or lands so ceded in like manner and to like effect, as if this Act
had never been passed, saving, however, to the United States security
to their property within the limits of said lands." (Georgia Laws,
1885, p. 120, and 1886, p. 37.)
FORT McPHERSON RIFLE RANGE.
This reservation contains about 1,271 acres, and is situated in Car-
roll and Haralson Counties, near Bremen.
The title was acquired by Deed from J. P. Boatright and R. H.
Parker, dated January 13, 1896, conveying 1,271 acres reserving a
burial lot in the Northeast Corner of tract containing 6,400 square
feet. Recorded in the Clerk's Office of the Superior Court, Book Z,
page 82, of the deed records of Carroll County.
MARIETTA NATIONAL CEMETERY.
This reservation contains a total area of about 24 acres and is situ-
ated near the city of Marietta, in Cobb County. The title is as
follows :
Deed from Henry G. Cole and wife, dated July 31, 1866, conveying
20.01 acres recorded in the Clerk's Office of the Superior Court in
Deed Book A, pages 574 and 575, of the Deed Records of Cobb
County.
Deed from Henry G. Cole and wife, dated September 23, 1867, con-
veving four and eleven-twentieths acres additional lands, recorded in
Clerk's Office of Superior Court in Deed Book A, pages 389 and 390,
of same records,
84 UNITED STATES MILITARY RESERVATIONS, ETC.
Deed of relinquishment from Sarah M. Black, dated January 25,
1870, relinquishing interest in above four and eleven-twentieths acres
recorded in Clerk's Office of Superior Court Deed Book B, pages 542
to 544, of same records.
For jurisdiction see Anderson ville National Cemetery.
MILITIA TARGET RANGE.
This range is located on the Ogeechee River, in Chatham County,
near Savannah ; and comprises an area of about 112 acres. The title
is as follows:
Deed from Raiford Falligant and Robert J. Travis, as executors
and trustees, etc., Rosa O. Falligant, and Louis A. Falligant, dated
July 6, 1909, conveying 112 acres, part of the " Rose Dew Planta-
tion." Recorded in Deed Book 10 C, folio 337, of the Deed Records
of Chatham County.
FORT OGLETHORPE.
By G. O. 10, War Department, January 24, 1905, the reservation on
the Savannah River, near Savannah, Ga., formerly known as Fort
Oglethorpe, being no longer of use for purposes of defense, was placed
under the supervision of the Engineer Department, and its official
designation as Fort Oglethorpe was discontinued.
The name Fort Oglethorpe was given to the new post at Cloud
Springs, Chickamauga Park, Ga., by G. O. 194, War Department,
December 27, 1904; and the following data relate to the reservation
for that post:
The reservation consists, approximately, of 807.24 acres, with metes
and bounds as announced in G. O. No. 196, War Department, No-
vember 28, 1906. It is situated in Catoosa and Walker counties,
within the limits of the Chickamauga and Chattanooga National
Park as authorized by act of Congress of August 19, 1890 (26 Stat.
L., 333). The lands were acquired for the enlargement of the
Park, with a view to their use as a military reservation. See G. O.
No. 196, W. D., November 28, 1906, announcing metes and bounds of
the reservation.
For title, see 80a to 80p, both inclusive, under Chickamauga and
Chattanooga National Park, pages 67, 68, ante.
For jurisdiction, see acts of the Legislature of Georgia of Novem-
ber 19, 1890, and December 3, 1895, pages 79, 80, ante.
Revocable Licenses: License, April 28, 1905, to Mr. S. W. Divine of
Chattanooga, Tenn., for electric railway, connecting with Govern-
ment spur track.
License, March 2, 1907, to Southern Bell Tel. Co. for telephone line.
License, Feb. 15, 1909, to S. W. Divine, for electric railway.
Revocable Lease: September 26, 1905, to Central of Georgia Rail-
way of the spur railway track belonging to the United States, and
of parcel of ground for railroad depot.
FORT OGLETHORPE TARGET RANGE.
This reservation contains about 1,174.5 acres, and comprises all of
land lots 124, 128, 129, 160, and 165, and parts of land lots 92, 93,
125, 196, and 197, located in the third section, twenty-eighth district
of Catoosa County, Georgia.
GEORGIA. 85
The title is as follows:
1. Deed from William M. Fain, dated August 30, 1906, conveying
about 524 acres; recorded in Book L, page 275, of the records of
Catoosa County.
2. Deed from Fannie A. Harris, dated August 31, 1906, conveying
about 440.5 acres; recorded in Book L, page 274, of same records.
3. Deed from Benjamin F. Harris, dated January 25, 1907, convey-
ing about 210 acres; recorded in Book L, page 319, of same records.
Addition of about 724 acres authorized by Sundry Civil Acts of
May 27, 1908. and March 4, 1909.
POINT PETER.
This reservation contains about 720 acres and is situated at the
mouth of St. Marys River in Camden County. The title was ac-
quired as follows :
Deed from Samuel Breck, surviving Executor, etc., dated Janu-
ary 10, 1818, conveying 720 acres, recorded in Clerk's Office of the
Superior Court in Deed Book S, folios 509-511, of the deed records
of Camden County.
Jurisdiction, if acquired, rests on the act of December 22, 1808,
given under " General Act of Cession."
But see appendix, page 468 post.
FORT PULASKI.
This reservation contains about 150 acres and is situated 14 miles
from Savannah on Cockspur Island. The title is as follows:
1. Deed from Alex. Telfair et al., dated March 15, 1830, conveying
about 130 acres of Cockspur Island, recorded in the Clerk's Office of
Superior Court in Book 22, folios 82 to 85, of the deed records of
Chatham County, (the 20 acres being reserved for public purposes).
2. By Acts of the State Legislature, approved December 30. 1820,
and December 27, 1845, title and jurisdiction over the said reserve
of 20 acres were ceded to the United States, in terms as follows :
" Whatever right title or interest the State of Georgia may have in
or to the sites or parcels of ground, or any of them whereon the
United States of America have placed or erected beacons, or beacon
lights, on Tybee Island, on Cockspur Island, on the Oyster Bank
opposite said Cockspur Island, on the White Oyster Bank, likewise
opposite the same, on Long Island and on Elba Island in the Savan-
nah River and likewise the jurisdiction to and over the same be and
the same are hereby ceded to and vested in the said United States of
America." (Act of Dec. 30, 1820, Sec. 19, Prince's Digest, p. 155.)
See also "General Act of Cession," ante.
" Whereas, in and by an act of the General Assembly of this State,
passed on the second day of December, eighteen hundred and eight,
the jurisdiction over all the lands the United States of America had
before that day purchased and acquired, and which they might there-
after purchase and acquire, for the purpose of erecting forts or for-
tifications in this State, was ceded by this State to the United States;
and whereas, the United States have, by deed, on the fifteenth day of
March, eighteen hundred and thirty, purchased and acquired from
Alexander Telfair and sisters, the whole Island aforesaid, (Cockspur
86 UNITED STATES MILITARY RESERVATIONS, ETC. '
Island) with the exception of twenty acres, which by the said deed,
and by many others of anterior date, from various grantors, had been
reserved for the public use ; and whereas, the said United States have
erected on the said Island, for the defence of the city and harbor of
Savannah, a fort, known as Fort Pulaski, and the whole island being
considered necessary for the accommodation of said fort, and the said
reserve being of inconsiderable importance :
" SECTION 1. Be it therefore enacted, etc., That the right, title and
interest of the State of Georgia, and also the jurisdiction of said
State, in, to and over the said reserve of twenty acres, on Cockspur
Island, be and the same are hereby ceded and surrendered to the
United States of America, Provided, nevertheless, That if at any time
the said United States of Amerca shall cease to occupy the said
Island, for the purpose of fortification, this act shall immediately
thereafter become null and void, and the said reserve shall return to,
and be reinvested in the State of Georgia for the use of the public."
(Act of Dec. 27, 1845.)
See, also Act of Dec. 22, 1808, under " General Act of Cession,"
ante, referred to in Act of Dec. 27, 1845, as giving jurisdiction over the
purchase of 130 acres from " Alexander Telfair and sisters." The
reference to the Act as passed December 2, 1808, appears to be erro-
neous, as it was approved December 22, 1808.
Revocable Licenses: License, March 24, 1881, to the Board of Sani-
tary Commissioners of the city of Savanah to construct a telephone
line across Cockspur Island to connect the quarantine station on the
Oyster Bed with the office of the Board.
License, May 8, 1889, to the city of Savannah to occupy and use
for quarantine purposes a portion of the northwestern end of Cock-
spur Island.
FORT SCREVEN.
This reservation comprises a main reservation of about 297 acres
with metes and bounds as described in G. O. No. 182, W. D., Septem-
ber 7, 1909, and certain lots on the sea front in the town of Tybee,
containing 3.78 acres, acquired for range finding stations. The reser-
vation is situated on Tybee Island at the mouth of the Savannah
River, about 17 miles from the city of Savannah, in Chatham County.
The title is as follows :
1. Deed from John Screven at al., dated May 21, 1875, conveying
210 acres exclusive of the 6 acres used for Light-House purposes.
Recorded in the Clerk's Office of the Superior Court in Deed Book
R R R R, folio 390, of the deed records of Chatham County.
2. Deed from the Tybee Beach Company, dated June 12, 1899,
conveying Lots 145 to 147. Recorded in Clerk's Office of Superior
Court in Deed Book 8 A, folio 399, of same records.
3. Deed from the Tybee Beach Company, dated August — , 1901,
conveying a tract of land therein described. Recorded in Clerk's
Office of Superior Court in Deed Book 8K, folio 185, of same records.
4. Deed from Charles H. Madison, dated August 16, 1901, convey-
ing Lots 100, 101, 102, 103, 104, 105, 107 and western half of Lot 106.
Recorded in Clerk's Office of Superior Court in Deed Book 8K folio
179, of same records.
GEORGIA. 87
5. Deed from John G. Butler, dated August 17, 1901, conveying
Lots 72, 73, 78, 79, 88, 91, 92, 93, 94, 96, 99 and 114. Recorded in
Clerk's Office of Superior Court in Deed Book 8K, folio 174, of
same records.
6. Deed from Francis E. Rocca, dated August 17, 1901, conveying
Lots 85 and 109. Recorded in Clerk's Office of Superior Court in
Deed Book 8K, folio 182, of same records.
7. Deed from James J. Joyce, dated August 17, 1901, conveying
Lots 80, 81, 82, 83 and 84. Recorded in Clerk's Office of Superior
Court in Deed Book 8 K, folio 176, of same records.
8. Deed from Henry Solomon, dated August 17, 1901, conveying
Lot 75. Recorded in Clerk's Office of Superior Court in Deed Book
8 K, folio 184, of same records.
9. Deed from Ellen Wall, dated August 19, 1901, conveying Lot
89. Recorded in Clerk's Office of Superior Court in Deed Book
8 K, folio 189, of same records.
10. Deed from Robert W. McLaughlin, dated August 19, 1901,
conveying Lots 74 and 110. Recorded in Clerk's Office of Superior
Court in Deed Book 8 K, folio 188, of same records.
11. Deed from William J. Moore, dated August 20, 1901, convey-
ing the eastern half of Lot 106. Recorded in Clerk's Office of
Superior Court in Deed Book 8 K, folio 180, of same records.
12. Deed from Carrie L. Lodge, dated August 20, 1901, conveying
Lots 76 and 77. Recorded in Clerk's Office of Superior Court in
Deed Book 8 K, folio 178, of same records.
13. Deed from Robert Hunter, dated August 20, 1901, conveying
Lots 95, 96, 97, 98 and 99. Recorded in Clerk's Office of Superior
Court in Deed Book 8 K, folio 175, of same records.
14. Deed from Henry W. Bond and wife, dated August 20, 1901,
conveying Lots 112 and 113. Recorded in Clerk's Office of Superior
Court in Deed Book 8 K, folio 172, of same records.
15. Deed from James M. Noble, dated August 20, 1901, convey-
ing Lots 86, 87 and 90. Recorded in Clerk's Office of Superior
Court in Deed Book 8 K, folio 181, of same records.
16. Deed from John Byers, dated August 29, 1901, conveying
Lot 111. Recorded in Clerk's Office of Superior Court in Deed
Book 8 K, folio 173, of same records.
17. Deed from Catherine Nay lor, dated March 11, 1903, conveying
6.68 acres. Recorded in Clerk's Office of Superior Court in Deed
Book 8 Q's, folio 108, of same records.
18. Deed from the Tybee Beach Company, dated March 14, 1903,
conveying about 7 acres. Recorded in Clerk's Office of Superior
Court in Deed Book 8 Q's, folio 110, of same records.
19. Deed from John C. Rowland, dated February 25, 1904, con-
veying lots 31, 32, 33 and 34, having an aggregate area of 3.78 acres
for range-finding stations. Recorded in Book 8 T, folio 373, of same
records.
The following lots are included within the tract of twenty acres
known as the " Tilton tract ", shown on a map of survey for James H.
Furber made by Percy Sugden, C. E., in April, 1888. Title was ac-
quired by the following deeds :
1. Deed from Isaac D. LaRoche, dated January 24, 1905, conveying
Lots 38, 70, 71, and 108 ; recorded in County Records Book 8Y, folio
403 ; records of Chatham County, Ga.
88 UNITED STATES MILITARY RESERVATIONS, ETC.
2. Deed of Frank W. Stover, dated January 31, 1905, conveying
Lot 36; recorded in Deed Book 9A, folio 166, of the records of said
county.
3. Deed from Diedrich Entelman, dated March 10, 1905, conveying
Lot 51 ; recorded in Deed Book 9A, folio 172, of the records of said
county.
4. Deed from Joseph Copps, dated March 13, 1905, conveying Lots
5 and 6 ; recorded in Deed Book 9A, folio 164, of the records of said
county.
5. Deed from John G. Butler, jr., dated March 13, 1905, conveying
Lots 8 and 9 ; recorded in Deed Book 9A, folio 163, of the records of
said county.
6. Deed from Samuel Reynolds, dated March 13, 1905, conveying
Lots 18 and 37; recorded in Deed Book 9A, folio 266, of the records
of said county.
7. Deed from Henrietta Platshek, dated March 13, 1905, conveying
Lot 48; recorded in Deed Book 9 A, folio 184, of the records of said
county.
8. Deed from H. W. Cowan, dated March 13, 1905, conveying Lot
26; recorded in Deed Book 9A, folio 174, of the records of said
county.
9. Deed from James M. Dixon, dated March 13, 1905, conveying
Lots 34 and 35 ; recorded in Deed Book 9A, folio 176, of the records
of said county.
10. Deed from Thomas Cooley, dated March 13, 1905, conveying
Lots 53 and 54 ; recorded in Deed Book 9A, folio 173, of the records
of said county.
11. Deed from Addie Jacobs Hutto, dated March 13, 1905, convey-
ing Lot 57 ; recorded in Deed Book 9A, folio 188, of the records of said
county.
12. Deed from Bridget Hanly, dated March 13, 1905, conveying
Lots 61 and 62 ; recorded in Deed Book 9A, folio 187, of the records
of said county.
13. Deed from Charles C. Ely, dated March 13, 1905, conveying
Lots 67, 68 and 69; recorded in Deed Book 9A, folio 167, of the
records of said county.
14. Deed from Mary A. Ronan, dated March 14, 1905, conveying
Lots 1 and 2 ; recorded in Deed Book 9A, folio 183, of the records of
said county.
15. Deed from John F. Lubs, dated March 14, 1905, conveying Lot
3 ; recorded in Deed Book 9 A, folio 187, of the records of said county.
16. Deed from John H. H. Entelman, dated March 14, 1905, con-
veying Lot 11 ; recorded in Deed Book 9 A, folio 175, of the records
of said county.
17. Deed from Daniel J. Roche and Eliza J. Roche, sole heirs at
law of Bridget Roche, deceased, dated March 14, 1905, conveying
Lot 47 ; recorded in Deed Book 9A, folio 186, of the records of said
county.
18. Deed from John H. Grimm, dated March 14, 1905, conveying
Lot 56; recorded in Deed Book 9A, folio 166, of the records of said
county.
19. Deed from Francis E. Rocca, dated March 15, 1905, conveying
Lot 24 ; recorded in Deed Book 9A, folio 222, of the records of said
county.
GEORGIA. 89
20. Deed from T. H. Monahan, dated March 15, 1905, conveying
Lot 43 ; recorded in Deed Book 9A, folio 235, of the records of said
county.
21. Deed from William Kehoe, dated March 13, 1905, conveying
Lots 19, 20, 28, and 29; recorded in Deed Book 9E, folio, 40, of the
records of said county.
22. Deed from Emile Newman, dated March 27, 1905, conveying
Lots 45 and 46 ; recorded in Deed Book 9E, folio 42, of the records of
of said county.
23. Deed from A. P. Solomon et al., dated April 21, 1905, convey-
ing Lot 49 ; recorded in Deed Book 9E, folio 35, of the records of said
county.
24. Deed from Elizabeth McNally, dated June 2, 1905, conveying
Lots 14 and 15 ; recorded in Deed Book 9E, folio 37, of the records of
said county.
25. Deed from Frederic Chastanet, dated June 3, 1905, conveying
Lot 42 ; recorded in Deed Book 9E, folio 41, of the records of said
county.
26. Deed from Francis Hart, dated June 5, 1905, conveying Lot 39 ;
recorded in Deed Book 9E, folio 38, of the records of said county.
27. Deed from Mary McCarthy, executrix, dated June 8, 1905, con-
veying Lots 55, 63, 64, 65 and 66; recorded in Deed Book 9E, folio
37, of the records of said county.
28. Deed from Mary A. Ronan, executrix, dated June 17, 1905, con-
veying Lot 4 ; recorded in Deed Book 9E, folio 34, of the records of
said county.
29. Deed from W. L. Wilson, Trustee in Bankruptcy of the estate
of John J. McDonough, dated June 17, 1905, conveying Lots 58, 59
and 60; recorded in Deed Book 9E, folio 33, of the records of said
county.
30. 'Deed from William T. Daniels, dated June — , 1905, conveying
Lots 30 and 31 ; recorded in Deed Book 9E, folio 39, of the records of
said county.
31. Deed from John G. Butler, dated February 28, 1906, conveying
Lots 7, 10, 16, 17, 22, 23, 25, 27, 32, 33, 40, 41, 50, and 52 ; recorded in
Deed Book 9G, folio 285, of same record.
32. Deed from Town of Tybee, dated June 20, 1905, conveying Lots
12, 13 and 21 ; recorded in Deed Book 9E, folio 152, of same records.
33. Deed from John G. Butler, dated August 25, 1906, conveying
part of beach Lot 3, all of beach Lot 4, and half of beach Lot 5;
recorded in Deed Book 91, folio - — , of same records.
34. Quitclaim deed from John G. Butler, dated August 25, 1906,
quitclaiming beach Lot 2; recorded in Deed Book 91, folio 408, of
same records.
35. Deed from John Sullivan, jr., dated June 7, 1905, conveying
part of beach Lot 3 not covered by conveyance of Butler, above ; re-
corded in Deed Book 91, folio 406, of same records.
36. Quitclaim deed from John Sullivan, jr., dated July 25, 1906,
quitclaiming beach Lot 2; recorded in Deed Book 91, folio 408, of
same records.
37. Deed from R. L. Byrum, dated March 18, 1907, conveying Lot
44: recorded in Deed Book 9M, folio 151, of same records.
The following lands are included within the tract or plan of Lots
laid out by John R. Tabeau. Title as follows :
90 UNITED STATES MILITARY RESERVATIONS, ETC.
Deed from James Farie, jr., dated March 13, 1905, conveying the
South half of Lot No. 5 ; recorded in Deed Book 9 A, folio 170, of the
records of said county.
For Jurisdiction, see Act of December 22, 1808, and note thereto,
under " General Act of Cession."
Jurisdiction over a portion of this reservation was also ceded by an
act of the State Legislature approved July 19, 1904, in terms as
follows :
" SECTION 1. Be it enacted by the General Assembly of Georgia,
and it is hereby enacted by the authority of the same, That the juris-
diction of this State be, and the same is hereby, ceded to the United
States over the military reservation of Fort Screven on Tybee Island,
in Chatham County, containing about 221.28 acres; the same having
been acquired by the United States for fortification purposes by deed
from John Screven et al., dated May 21, 1875, recorded in the Clerk's
Office of the Superior Court of Chatham County in Deed Book
R. R. R. R., folio 390, by deed from the Tybee Beach .Company,
dated June 12, 1899, recorded in same office in Deed Book 8a, folio
399, and by deed from Jno. C. Rowland, dated February 25, 1904,
recorded in same office in Deed Book 8t, folio 373 ; Provided, never-
theless, That nothing herein contained shall extend, or be construed
to extend, so as to impede or prevent the execution of any process,
civil or criminal, under the authority of this State."
Revocable licenses: License, March 10, 1899, to the Georgia Tele-
phone Company to occupy the Martello tower on the reservation as a
signal station to report passing vessels, under authority of Act of
Congress, approved April 14, 1892.
License, July 29, 1904, to the Western Union Telegraph Company
to maintain its existing telegraph lines upon the reservation, and to
occupy for office purposes a room in the administration building.
License, July 29, 1904, to The Pilots Association of Savannah to
moor boats at the Engineer Dock and to have right of passage to and
from the same.
License, July 29, 1904, to the Savannah Propeller Tow Boat Com-
pany to moor boats at the Engineer Dock and to have right of pas-
sage to and from the same.
HAWAII.
FORT DE RUSSY.
This reservation contains an area of 66.9 acres, with metes and
bounds except as to tract of 1.694 acres referred to in No. 7, post, as
given in G. O. No. 197, W. D., September 29, 1909. It is situated
at Kalia, Waikiki, Island of Oahu. The title is as follows :
1. Deed from Frances Elizabeth Hobron, executrix and trustee, and
widow of Thomas H. Hobron, deceased, dated December 31, 1904, con-
veying 2.893 acres. Recorded in Liber 264, pages 320-325, Register's
Office, Oahu.
2. Decree of United States District Court for the Territory of
Hawaii, dated July 14, 1905, covering 2.812 acres. Recorded in Liber
284, pages 98-105, and Liber 304, pages 397-405, same records. Also
Deed, dated July 9, 1905, from the Estate and Heirs of Henry Water-
house conveying same premises. Recorded in Liber 311, pages 55-62,
same records.
HAWAII. 91
3. Decree of United States District Court for the Territory of
Hawaii, dated November 10, 1905, covering 2 acres. Recorded in
Liber 284, pages 105—110, same records.
4. Decree of United States District Court for the Territory of
Hawaii, dated December 22, 1905, covering 3.214 acres. Recorded in
Liber 284, pages 116-122, same records.
5. Decree of LTnited States District Court for the Territory of
Hawaii, dated April 19, 1909, covering 52.92 acres. Recorded in
Liber 321, pages 296-324, of same records.
6. Decree of United States District Court for the Territory of
Hawaii, dated May 24, 1909, covering 1.36 acres. Recorded in
Liber 321, pages 342-350, of same records.
7. Decree of the U. S. District Court, rendered August 19, 1909,
covering the acquisition of 1.694 acres, known as the *' Keike prop-
erty." Recorded in Liber 331, pages 41-50, of same records.
HONOLULU.
(Lots in.)
These reservations, three in number, and known as the Emmes
Wharf site, The Esplanade Lots and the Barracks Lot, contain
respectively 42,086, 55,830 and 98,260 square feet. They were reserved
subject to private rights by Executive Order, dated December 19,
1899. (G. O. No. 213, A. G. O., Dec. 30, 1899.)
Lease: Lease for 5 years, August 18, 1908, of the Emmes Wharf
site to the Department of Public Works, Honolulu. Lease granted
in accordance with Act of Congress, approved July 28, 1892.
Revocable Licenses: License, January 12, 1907, to Territory of
Hawaii for storage for militia property on " Barracks Lot."
License, July 12, 1907, to Territory of Hawaii for shooting gallery
on " Barracks'Lot."
FORT KAMEHAMEHA.
This reservation, known as " Queen Emma Site," is situated at
Queen Emma Point, Pearl Harbor, island of Oahu, H. T., and con-
tains 411.685 acres. The title was acquired by condemnation pro-
ceedings under decree of the United States District Court of Hawaii
of July 12, 1907, recorded in the office of the registrar, Oahu, H. T.,
in liber 304, pages 5-12.
Revocable licenses: License March 12, 1909, to Hawaiian Dredging
Company to use for railroad purposes about 3500 feet of U. S. Engi-
neer track on this reservation.
License, July 3, 1909, to Hawaiian Dredging Company to lay a
3-inch water pipe along the railroad track, for carrying water in
connection with the contract for improving Pearl Harbor.
PUNCHBOWL HILL.
This reservation contains an area of about 157.5 acres, and is situ-
ated at Honolulu, Island of Oahu. As part of the public domain,
it was reserved for military purposes by Executive Order of January
18, 1906 (G. O. No. 21, War Department, January 27, 1906).
92 UNITED STATES MILITARY RESERVATIONS, ETC.
PUULOA.
This reservation contains an area of 322.33 acres, and is situated
on the west side of the entrance to Pearl Harbor, near Honolulu,
Island of Oahu. The title is as follows :
1. Deed, dated December 20, 1904, from the Dowsett Company
(Limited), conveying the entire tract, excepting the ten lots conveyed
by deeds hereinafter mentioned. Recorded in Liber 266, pages 43 to
47, in Register's Office, Oahu.
2. Deed, dated December 20, 1904, from R. W. Atkinson, Trustee,
conveying Lot No. 19. Recorded in Liber 264, pages 284 to 287, same
records.
3. Deed, dated December 20, 1904, from Blanche C. Walker and
John S. Walker, her husband, conveying Lot No. 20. Recorded in
Liber 266, pages 60 to 65, same records.
3. Deed, dated December 20, 1904, from James F. Morgan and wife,
conveying Lots 38 and 39. Recorded in Liber 264, pages 279 to 283,
same records.
4. Deed, dated December 20, 1904, from Elizabeth B. Waterhouse,
conveying Lot No. 41. Recorded in Liber 264, pages 288 to 291, same
records.
5. Deed, dated December 20, 1904, from J. W. Bergstrom and wife,
conveying Lot No. 45. Recorded in Liber 266, pages 54 to 59, same
records.
6. Deed, dated December 20, 1904, from F. J. Church and wife, con-
veying Lot No. 47. Recorded in Liber 266, pages 66 to 71, same
records.
7. Deed, dated December 20, 1904, from A. C. Lovekin and wife,
conveying Lots 48 and 49. Recorded in Liber 266, pages 48 to 53,
same records.
8. Deed, dated June 22, 1905, from D. H. Hitchcock and wife,
conveying Lot No. 42. Recorded in Liber 272, pages 181 to 183,
same records.
ROUND TOP AND SUGAR LOAF.
By Executive Order of December 1, 1908 (G. O. No. 200, War
Dept., December 10, 1908) there were reserved as sites for observation
stations, a tract of 3.68 acres, more or less, on Round Top (or
Ualakaa), and a tract of 3.14 acres on Sugar Loaf (or Kakea), with
right of way connecting these reservations and rights of way con-
necting them with existing trails or roads, as described in the said
Executive Order. These reservations are situated in or near Hono-
lulu, island of Oahu, H. T.
FORT EUGER.
This reservation is situated at Diamond Head on the island of
Oahu, Territory of Hawaii, and comprises the tract reserved for mili-
tary purposes by Executive order of January 18, 1906 (G. O. No. 21,
War Dept., January 27, 1906) as reduced by Executive Order of
July 1, 1909 (G. O. No. 143, War Dept., July 15, 1909— area as re-
duced about 694 acres) ; and the Kapahuli tract of 49.73 acres adjoin-
HAWAII. % 93
ing the former tract on the north. The title to the latter tract was
acquired by the following deeds :
1. Deed, dated November 26, 1904, from W, O. Smith, et al., Trus-
tees, conveying above premises. Recorded in Liber 264, pages 215-
218, Register's Office, Oahu.
2. Deed, dated November 29, 1904, from Arthur A. Wilder (un-
married), conveying same premises. Recorded in Liber 264, pages
209-211, same records.
3. Deed, dated November 26, 1904, from A. V. Gear and wife, and
T. F. Lansing and wife, conveying same premises. Recorded in
Liber 264, pages 212-214, same records.
4. Release of Mortgage, dated November 29, 1904, from Bishop &
Co. (S. M. Damon and Alexander Garvie), covering same premises.
Recorded in Liber 262, pages 174-176, same records.
License, June 12, 1909, to A. S. Cleghorn to construct and use road-
way from northeast corner of his property to Diamond Head road.
SCHOFIELL) BARRACKS.
This reservation contains 14,400 acres, and comprises part of
Waianae-Uka, Island of Oahu, about 19 miles from Honolulu, and
9 miles from Pearl Harbor. As part of the government domain, it
was set apart for military purposes and declared a military reserva-
tion by Executive Order, dated July 20, 1899, amended by Executive
Order dated November 15, 1909 (G. O. No. 242, W. D., December 4,
1909).
Easement: By act of Congress approved Feb. 6, 1909 (35 Stat. L.,
611) the Wahiaw^a Water Company (Limited) was granted the right
of way on this reservation for reservoirs, canals and their laterals,
upon the proviso that the company " shall furnish free of charge all
the water needed for post or encampment purposes," etc.
License, July 23, 1906, to Oahu Railway and Land Company to
occupy for its railway a strip of land 40 feet wide, through reserva-
tion.
FORT SHAFTER.
This reservation contains 1,344 acres, and is situated at Kahauiki,
Kona District, about three miles northwest of Honolulu, on the Island
of Oahu. A part of the Government domain, it was reserved for
military purposes, subject to unexpired leases, by Executive Order,
dated July 20, 1899 (G. O. No. 147, A. G. O., August 10, 1899).
The following releases have been executed by lessees, assigns, and
sublessees of their interests in and to portions of said premises under
the original lease, dated July 2, 1888, of said premises for the term of
25 years, to James I. Dowsett, viz:
1. Release by the Dowsett Company (Limited), assignee, dated
April 30, 1904, of leasehold interest in a portion of the lands. Re-
corded in Liber 263, pages 1 to 5, in Register's Office, Oahu.
2. Release by the Dowsett Company (Limited), assignee, and
Joseph Richard, sub-lessee under said Company, dated June 10, 1904,
of right of way leading from Government Road to said reservation.
Recorded in Liber 263, pages 5 and 6, same records,
94 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Release by Alfred W. Carter, J. R. Gait and Clarence H. Cooke,
Trustees, etc., dated June 6, 1904, of same premises covered by No. 1,
supra. Recorded in Liber 256, pages 483 to 485, same records.
4. Release by the Star Dairy Company (Limited), assignee, dated
June 6, 1904, of leasehold interest in a portion of the lands. Re-
corded in Liber 263, pages 14 and 15, same records.
5. Release by Sarah J. Grace (widow), dated June 6, 1904, of
leasehold interest in a portion of the lands. Recorded in Liber 261,
pages 143 and 144, same records.
6. Release by Ng Sue Ming, et al., dated June 6, 1904, of leasehold
interest in a portion of the lands. Recorded in Liber 261, pages 144
and 145, same records.
7. Release by S. M. Damon and wife, dated May 12, 1904, of lease-
hold interest in a portion of the lands. Recorded in Liber 264, pages
221 and 222, same records.
IDAHO,
BOISE BARRACKS.
This reservation contains 636.35 acres and is situated adjacent to
Boise City, in Ada County, and as a part of the public domain was
reserved for military purposes by Executive Order, dated April 9,
1873. Metes and bounds announced in G. O. No. 8, Dept of Columbia
1895.
By deed, dated May 24, 1905, Peter Sonna and wife conveyed to
the United States their water rights and water system; acquired
under sections 18 and 20, Act of Congress of March 3, 1891, and
approvals thereunder by Secy of War, dated Feb. 25, 1893, Aug. 22,
1894, and Dec. 12, 1894; deed recorded in Book 53 of Deeds, page
580, in the Recorder's Office of Ada County, Idaho. Quitclaim deed
from Mary Sonna, widow and sole devisee of Peter Sonna, dated Sept.
15, 1909, to any rights in said water system. Recorded in Book 78,
page 440, of same records.
Jurisdiction was ceded to the United States by an Act of the State
Legislature, approved February 7, 1891, which provides as follows :
"SECTION 1. That pursuant to article one, section eight, paragraph
seventeen, of the Constitution of the United States, consent to pur-
chase is hereby given and exclusive jurisdiction ceded to the United
States over and with respect to all lands embraced within the
military posts and reservations of Fort Sherman and Boise Barracks,
together with such other lands in the State as may be now or here-
after acquired and held by the United States for military purposes,
either as additions to the said posts or as new military posts or reser-
vations which may be established for the common defense; and, also,
all such lands within the State as may be included in the territory of
the Yellowstone National Park, reserving, however, to this State a
concurrent jurisdiction for the execution upon said lands, or in the
buildings erected thereon, of all process, civil or criminal, lawfully
issued by the courts of the State and not incompatible with this ces-
sion." (Idaho Code, 1901, Vol. 1, p. 9, Sec. 22.)
Easements: Pursuant to Section* 18 and 20 of Act of Congress,
approved March 3, 1891, the Secretary of War approved the location
by Joseph Perrault of an irrigating" canal through the reservation,
ILLINOIS. 95
February 25, 1893. Change of location of this canal, known as
"Walling Canal," approved Dec. 15, 1905, to make room for the
enlargement of the post. The canal is now owned by the Capital
Water Company.
Revocable lease to the AVarren Construction Company of Portland,
Oreg., for two years from March 8, 1906, stone quarry. Considera-
tion 10 cents per cubic yard for all stone removed.
Revocable Licenses: License, July 13, 1893, to the city of Boise to
lay, maintain and use a line of pipe through a part of the reservation
for the purpose of flushing sewers.
License, December 14, 1900, to Idaho Independent Telephone Com-
pany to erect and maintain a telephone line upon the reservation.
License, April 28, 1906, to Rocky Mountain Bell Telephone Com-
pany for telephone service.
License to city of Boise to use a portion of the reservation between
the city and the ditch of the Capital Water Company, authorized
bv Act Of January 21. 1909 (G. O. 17, War Department, January 30,
1909).
ILLINOIS.
GENERAL ACTS OF CESSION.
" SECTION 1. Be it enacted, etc., That the United States shall have
power to purchase or condemn, in the manner prescribed by law,
upon making just compensation therefor, any land in the State of
Illinois required for custom-houses, arsenals, light-houses, national
cemeteries, or for other purposes of the government of the United
States.
" SEC. 2. The United States may enter upon and occupy any land
which may have been or may be purchased or condemned or other-
wise acquired, and shall have the right of exclusive legislation and
concurrent jurisdiction, together with the State of Illinois, over such
land and the structures thereon, and shall hold the same, exempt
from all state, county, and municipal taxation."
(Approved December 14, 1871. Illinois Stats., 1898, p. 1521.)
" SECTION 1. Be it enacted, etc., That the consent of the State of
Illinois is hereby given, in accordance with the sixteenth clause,
eighth section, of the first article of the constitution of the United
States, to the acquisition by the United States, by purchase, con-
demnation or otherwise, of any land in this State required for custom
houses, court houses, post offices, arsenals, or other public buildings
whatever, or for any other purposes of the government.
" § 2. That exclusive jurisdiction in and over any land so acquired
by the United States shall be, and the same is hereby, ceded to the
United States for all purposes except the administration of the
criminal laws and the service of all civil processes of this State;
but the jurisdiction so ceded shall continue no longer than the said
United States shall own such lands.
" § 3. The jurisdiction hereby ceded shall not vest until the United
States shall have acquired the title to the said lands by purchase, con-
demnation or otherwise; and so long as the said lands shall remain
the property of the United States when acquired as aforesaid, and no
longer the same shall be and continue exempt and exonerated from
96 UNITED STATES MILITARY RESERVATIONS, ETC.
all State, county and municipal taxation, assessment, or other charges
which may be levied or imposed under the authority of this State."
(Approved April 11, 1899. Laws of Illinois, 1899, p. 375.)
ALTON CEMETERY.
(Burial lot for prisoners of War.)
This lot contains an area of about 2.44 acres, and is situated near
the city of Alton, in Madison County. The title is as follows:
1. Act of the State Legislature, approved March 5, 1867 (Laws
of Illinois, 1867, Public, page 176), releasing to the United States
the title and jurisdiction of 'the State over about two acres for use
as a burial place for soldiers, in terms as follows:
" SEC. 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly, That the state of Illinois hereby
relinquish claim and jurisdiction over the following described land,
viz: two acres of land situated in the southwest part of the north-
west quarter of section two (2), town five (5) north, range ten (10)
west of the third (3d) principal meridian; and full and complete
jurisdiction hereby given over said land to the United States, for
the use and purposes of said land being a burial place for soldiers —
the state hereby retaining only such jurisdiction and authority over
said land as may be necessary for the purpose of enforcing the
criminal laws of the state.
SEC. 2. Said land shall not be used for any purpose, except as
herein specified."
2. Deed from Thomas Dunford and wife, dated October 15, 1867,
and recorded in book 104, page 17, of the deed records of Madison
County.
Jurisdiction was ceded to the United States by an Act of the State
Legislature approved March 31, 1869, as follows:
" SECTION 1. Be it enacted, etc., That whereas the said United
States have purchased the following described real estate in said
County, to wit, 0.44 of an acre of land, the same being the Southeast
part of lot number twenty-three (23) in Mounier's first subdivision
of the Northwest quarter of section number two (2), Township five
(5), North of Range ten (10) West °.f the tnir(i (8) principal me-
ridian. Wherefore exclusive jurisdiction and legislation are hereby
ceded to the United States over said real estate, and the right of
taxation or assessment of said real estate is hereby relinquished to
the said United States.
" SEC. 2. All civil and criminal process issued under the authority
of this State or by any of its officers in pursuance of law may be exe-
cuted on said real estate as if such jurisdiction had not been ceded."
See also General Acts of Cession.
CAMP BUTLER NATIONAL CEMETERY.
This reservation contains 6.02 acres and is situated about 2 miles
from the town of Riverton, in Sangamon County. The title is as
follows :
Deed from Polly Miller, Executrix, etc., dated September 6, 1865,
conveying the above lands as a part of Sec. 16, T. 16 N., R. 4 W. of
ILLINOIS. 97
Third Principal Meridian. Recorded in Book No. 25, page 327, of
the deed records of Sangamon County.
For jurisdiction see General Acts of Cession.
GRACELAND CEMETERY.
This reservation contains 20,000 square feet in Adams County near
Quincy. The title is as follows:
Deed from the Quincy Cemetery Association, dated October 25,
1899, conveying the above tract situated in Sec. 5, T. 2 S., R. 8 W. of
the 4th Principal Meridian. Recorded in volume 3, page 162, of the
Records of the Quincy Cemetery Association.
For jurisdiction see General Acts of Cession.
MOUND CITY NATIONAL CEMETERY.
This reservation contains about 10.50 acres and a right of way.
It is situated at Mound City, in Pulaski County.
Title was acquired as follows:
1. Deed from Hiram Ketchum, dated May 4, 1867, releasing all
right, title, etc., in the 10 acres in SE. J sec. 26, in T. 16 S., R. 1 W.
described therein. Recorded in Book T, page 323, etc, of the deed
records of Pulaski County.
2. Deed from Samuel Staats Taylor and Edwin Parsons, trustees,
etc., Cairo City property, dated May 4, 1867, conveying by deed of
bargain and sale the above 10 acres. Recorded in Book T, page 321,
etc., of same records.
3. Deed from Samuel Staats Taylor and Edwin Parsons, trustees,
etc., dated November 28, 1873, conveying 0.50 acre adjoining the fore-
going described 10 acres. Recorded in Book W, page 146, of same
records.
4. Deed from Charles Parsons, trustee, etc., dated November 28,
1873, releasing all interest, etc., in the above 0.50 acre.
5. Deed from Commissioners of Pulaski County, dated August 11,
1882, conveying a right of way from Mount City to the cemetery
100 feet wide by 3,431 feet long. Recorded in Book Y, page 129, of
same records.
6. Deed from Commissioners Road District No. 1, Pulaski County,
dated July 1, 1892, conveying right of way, 100 feet wide, from
Mound Junction to southwest corner of cemetery.
7. Deed from Henry Parsons and Edwin Parsons, Trustees of the
Cairo Trust Property, dated August 5, 1896, conveying a roadway to
the Mound City National Cemetery. Recorded in Book 8, page 201,
etc., of same records.
For jurisdiction see General Acts of Cession.
OAK WOODS NATIONAL CEMETERY.
This reservation contains about 69,064 square feet, and is situated
in what is known as Oak Woods Cemetery, in Hyde Park, Cook
County, 111. The title is as follows :
1. Deed from The Oak Woods Cemetery Association, dated April
25, 1866, conveying all of Division 1 in Section Letter K of the plat
16809—10 7
98 UNITED STATES MILITARY RESERVATIONS, ETC.
of a portion of said Cemetery, etc., being 18,340 square feet. Re-
corded in Book 340, page 466, of the records of Oak Woods Ceme-
tery. See also Book 16, page 247.
2. Deed from The Oak Woods Cemetery Association, dated May
1, 1867, conveying all of Division 2, in Section Letter K, of the
plat of a portion of said Cemetery, being 50,724 square feet. Re-
corded in Book 428. page 581, of same records. Plat of Cemetery
recorded in Book 164, page 198, of Maps in the Recorder's Office of
Cook County.
For jurisdiction see General Acts of Cession.
ROCK ISLAND ARSENAL.
This reservation, embracing the entire island of Rock Island, con-
tains 896.62 acres and is situated in the Mississippi River adjacent to
the City of Rock Island, in Rock Island County. The title to the
island was acquired through a Treaty with the Chiefs of the Sac and
Fox tribes of Indians made by Gen. William Henry Harrison, Gov-
ernor and Superintendent of Indian affairs for the Territory of
Indiana and District of Louisiana, at St. Louis, Mo., in November,
1804, but the reservation for military purposes derives its validity
from the Act of June 14, 1809. Possession was taken as early as
May 10, 1816, barracks built, and afterwards a defensive work called
Fort Armstrong. This occupation continued until 1836, at which
time the island was placed in charge of Indian agents, who remained
in charge until 1840, when the War Department resumed possession,
repaired some of the buildings of Fort Armstrong, established an
Ordnance depot, and continued in possession of the island until
1844, when by an Act of Congress approved April 2, 1844, George
Davenport was authorized to enter and purchase the SE. fractional
quarter of Sec. 25, T. 18 N., R. 2 W. of the Fourth Principal Meridian
(he afterwards received a patent therefor), area 157.81 acres, and by
Act of Congress, approved January 24, 1855, David B. Sears was
authorized to enter and purchase the E. J of SW. fractional quarter
of fractional Section 29, containing 28.10 acres, and the SE. fractional
quarter of same fractional Section containing 3.26 acres, same Town-
ship and Range, in order to secure to him the full and complete use of
the water power on the north side of the island, patent issuing to
him therefor. Such was the status of title when the Act of Congress
making provision for the establishment of national arsenals was
approved July 11, 1862. It becoming necessary to again have control
of the whole island, Congress by an Act approved April 19, 1864,
provided for the acquisition of such parts of the island as had been
sold, and also for the extinguishment of all claims of title to property
therein, and in accordance with the provisions of said Act, which
was supplemented by the Act of Congress approved June 27, 1866,
possession was taken of said portions and title acquired as follows:
1. Decree of condemnation for the SE. fractional quarter of Sec.
25, T. 18 N., R. 2 W. of the Fourth Principal Meridian in a certain
Chancery proceeding in the Circuit Court of the United States for
the Northern District of Illinois, entitled George L. Davenport and
Susan M. Goldsmith v. The United States. Decree rendered May 2,
1867, and filed with the record in the Clerk's Office of said Court
ILLINOIS. 99
2. Decree of condemnation for Lot No. 5, in Block No. 15, in Island
City subdivision No. 1 to Moline upon Rock Island, in a certain Chan-
cery proceeding in the Circuit Court of the United States for the
Northern District of Illinois, entitled Nels Johnson v. The United
States. Decree rendered May 13, 1867, and filed with the record in
the Clerk's Office of said Court.
3. Decree of condemnation for Lots Nos. 16, 17, 18, 19 and 20, in
Block No. 10, in Island City subdivision No. 1 to the town of Moline
upon Rock Island, in a certain Chancery proceeding in the Circuit
Court of the United States for the Northern District of Illinois,
entitled Daniel Jones v. The United States. Decree rendered May
13, 1867, and filed with the record in the Clerk's Office of said Court,
4. Decree of condemnation for Lot No. 4, in Block No. 11, in Island
City subdivision No. 1 to Moline upon Rock Island, in a certain Chan-
cery proceeding in the Circuit Court of the United States for the
Northern District of Illinois, entitled Peter Peterson v. The United
States. Decree rendered May 13, 1867, and filed with the record in
the Clerk's Office of said Court.
5. Decree of condemnation for Lot No. 13, in Block No. 10, in
Island City subdivision No. 1 to Moline upon Rock Island, in a cer-
tain Chancery proceeding in the Circuit Court of the United States
for the Northern District of Illinois, entitled James Robinson v. The
United States. Decree rendered May 13, 1867, and filed with the
record in the Clerk's Office of said Court.
6. Decree of condemnation for Lots Nos. 1 and 2, Block No. 13,
and Lots Nos. 4, 5 and 6, in Block No. 12, in Island City subdivision
No. 1 of Moline upon Rock Island, in a certain Chancery proceeding
entitled George Stephens, Jonathan Houtoon, and Timothy Wood,
partners, etc., v. The United States. Decree rendered May 13, 1867,
and filed with the record in the Clerk's Office of said Court,
7. Decree of condemnation for Lot No. 8, in Block No. 9, in Island
City subdivision of Moline upon Rock Island, in a certain Chancery
proceeding entitled Robert Welch v. The United States. Decree ren-
dered May 13, 1867, and filed with the record in the Clerk's Office of
said Court.
8. Decree of condemnation for Wilson's Island, in the Mississippi
River, in Sees. 35 and 36, in T. 18 N., R. 2 W., Fourth Principal Me-
ridian, containing 7.60 acres, a certain bridge roadway and embank-
ment and approaches leading thereto from the City of Rock Island
across Wilson's Island, etc., in a certain Chancery proceeding en-
titled The City of Rock Island v. The United States. Decree ren-
dered April 22, 1867, and filed with the record in the Clerk's Office of
said Court.
9. Decree of condemnation for a certain bridge and roadway con-
necting the head of Rock Island with Mill street in the Town of
Moline on the main shore (Provision for free use of streets of Moline
connecting with the Bridge, right to repair or construct new bridge,
etc.), in a certain Chancery proceeding entitled The Town of Moline
v. The United States. Decree rendered May 13, 1867, and filed with
the record in the Clerk's Office of said Court.
10. (Viaduct.) Deed from the Chicago, Rock Island and Pacific
Railway Company and the Chicago, Burlington and Quincy Railway
Company, dated December 23, 1890, conveying the right of way for
100 UNITED STATES MILITARY RESERVATIONS, ETC.
a viaduct, etc. Recorded in Book 87, page 460, of the deed records
of Bock Island County.
11. (For same.) Deed from the Moline and Rock Island Railroad
Company, dated January 19, 1890, ceding a portion of its right of
way. Recorded in Book 87, page 469, of same records.
12. (For same.) Deed from the St. Louis, Rock Island and Chi-
cago Railroad Company, dated January 23, 1891, conveying portion
of its right of way. Recorded in Book 87, page 465, of same records.
13. (For same.) Deed from the City of Rock Island, dated De-
cember 17, 1890, conveying right of way! Recorded in Book 87, page
453, of same records.
14. Ordinance of City Council of the City of Rock Island author-
izing foregoing conveyance. Certified copy recorded in Book 87,
page 457, of same records.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved February 1, 1867, which provides as follows:
" SECTION 1. Be it enacted, etc., That jurisdiction over the island
of Rock Island and the small islands contiguous thereto, known as
Benhams, Wilsons, and Winnebago Islands and their shores, taken
and assigned by the United States for the establishment of an arsenal
and armory, be, and is hereby, ceded to the said United States, pro-
vided that the Commanding Officer shall, on application of a com-
petent State Officer, allow the execution of all civil and criminal
process issued under authority of the State of Illinois on said Islands
in the same way and manner as if jurisdiction had not been ceded as
aforesaid.
" SEC. 2. Be it further enacted, That the islands before named and
the public buildings and other property that may be thereon shall
forever hereafter be exempted from all State, County, and Municipal
Taxation and assessment whatever, so long as the same shall be used
by the United States as an Arsenal and Armory."
See also General Acts of Cession; and Appendix, page 496.
Easements: Act of Congress approved March 2, 1867, amended by
the Act of July 20, 1868, granted a right of way across the govern-
ment bridge to the Rock Island and Pacific Railway Company, for
the purposes of transit across the island and river, upon certain
conditions.
Act of Congress approved March 3, 1885 (23 Stats., 435) granted
privilege to Davenport and Rock Island Street Railway Company
to run cars on reservation and bridge under such restrictions as the
Secretary of War may impose.
Agreement with the Moline Water Power Company, dated August
20, 1867, conveying to the United States the entire water power of
said company : the United States granting to said Company the free
use of one- fourth of such power, etc.
Revocable Licenses: License, October 22, 1884, to the Sylvan Steel
Company to cut through the dike built by the United States along
the pool side of Sylvan Island and take water through an eight inch
pipe from the pool.
License, September 10, 1888, to the Central Union Telegraph Com-
pany to run electric wires across the government bridges.
License, November 20, 1893, to the Davenport and Rock Island
Railroad Company to substitute electric for horse power cars on the
reservation. Amended May 15, 1907.
ILLINOIS. 101
License, February 12, 1894, to the People's Power Company to
maintain a line of electric light wires upon and across the government
bridge. Renewed and modified May 28, 1907.
License, June 23, 1898, to the Rock Island and Eastern Illinois
Railway Company to construct, maintain and operate its tracks
through so much of the abandoned tail race south of the Moline dam
wall as is the property of the United. States, and along or through
the south edge of the water power pool, on either side of the Moline
bridge and across said bridge, etc. License renewed May 22, 1907, to
successor, the Davenport, Rock Island and Northwestern Railway
Company.
License, June 3, 1899, to the Tri-City Railway Company to extend
and operate a single track railway upon the grounds of the Rock
Island Arsenal. License limited, March 10, 1905, to five years.
License renewed and modified September 11, 1908.
License, June 24, 1902, to the Union Telephone and Telegraph
Company to place electric cables or wires over government bridge.
License, November 11, 1904, to city of Moline, for ten-inch water
main.
License, December 5, 1905, to Rock Island Golf Club for use of
golf links and for construction of building for use of club.
License, October 8, 1906, to " Old Settlers " Association to repair
and maintain " Old Davenport House."
License, October 25, 1906, to The Moline Water Power Company,
for electric pole line.
License, March 2, 1907, to The City of Moline, for motor-driven
centrifugal pump in connection with the city's water main.
ROCK ISLAND NATIONAL CEMETERY.
This cemetery contains an area of a little over 1 acre, and is situ-
ated near the upper or east end of the island of Rock Island, and is
a part of that reservation. About 1,150 yards northwest of the above
cemetery is a burial lot in which are buried the remains of 1,928 Con-
federate soldiers who died here while held as prisoners of war.
For title, jurisdiction, etc., see Rock Island Arsenal.
FORT SHERIDAN.
This reservation contains an area of about 722 acres and is situated
in Lake County, 25 miles north of the City of Chicago, on Lake
Michigan. The original reservation, containing about 632.50 acres,
was conveyed to the United States by Citizens of Chicago in 1886 and
accepted by the Secretary of War November 19, 1887, under authority
of Joint Resolution of Congress of March 3, 1887. The title was con-
veyed as follows:
1. Deed from Adolphus C. Bartlett et al., dated October 6, 1887,
conveying 598.50 acres in Lake County. Recorded in Vol. 86, page
406 et seq., of the deed records of Lake County.
2. Deed from Adolphus C. Bartlett et al. dated October 6, 1887,
conveying 34 acres in Lake County. Recorded in Vol. 86, page 410
et seq., of same records.
By Act of March 3, 1903 (32 Stat, L., 1129), as amended by Act of
April 28, 1904 (34 Stat. L., 497) , provision was made for the purchase
102 UNITED STATES MILITARY RESERVATIONS, ETC.
of about 84 acres as an addition to this reservation. Under this
authority the following tracts have been acquired :
A. — Michael Sweeney's subdivision of part of the southwest quarter
of section 10, township 43 north, range 12 east :
Block 1 (containing 19 lots) —
Lots 1 to 19, inclusive. Deed from Michael Sweeney et ux., dated
October 5, 1907, conveying Lots 1 to 19 inclusive; recorded
Book 165, page 163, of same records.
Block 2 (containing 41 lots) —
Lots 1 to 41, inclusive. By same deed as Block 1, supra.
Block 3. Deed from Fayette S. Munro et ux., dated December 18,
1907, conveying part of Block 3 lying easterly of the right of
way of the Chicago & Milwaukee Electric Railway Company,
together with rights in streets ; recorded in Book 165, page 164,
of same records.
Block 4 (containing 3 lots) —
Lots 1, 2, and 3. By same deed as Block 1, supra.
Also, the streets and avenues arid certain part of the Subdivision
lying easterly of Sheridan Avenue. Same deed as Block 1,
supra.
B. — J. S. Pr all's Subdivision in the west half of the southeast quarter
of section 10, township 43 north, range 12 east :
Block 1 (containing 24 lots) —
Lot 1. Deed from Lizzie Good, dated December 10, 1906, con-
veying Lots 1, 5, 6, 7, and 24, in Block 1, and Lots 3, 4, and 5 in
Block 2 ; recorded in Book 165, page 123, of same records ; and
Quitclaim deed from W. W. Wagoner, et ux., dated July 1,
1907, to the same Lots, and also Lots 21 and 22 in Block 5;
recorded in Book 149, page 411, of same records.
Lots 2 and 3. Decree in condemnation, in case of U. S. v. Lizzie
Good, in U. S. District Court for Northern District of Illinois,
rendered August 1, 1907.
Lot 4. Deed from Ada J. Hogan, et vir, dated June 24, 1906, con-
veying Lot 4 in Block 1, Lot 2 in Block 2, Lot 29 in Block 4,
and Lot 9 in Block 7; recorded Book 137, page 620, of same
records.
Lots 5, 6 and 7. See Lot No. 1, supra.
Lot 8. Deed from Patrick Gallahger, et al., dated September 28,
1906, conveying Lot 8 ; recorded in Book 137, page 569, of same
records.
Lots 9 and 10. Deed from John Brown, dated November 28, 1906,
conveying Lots 9 and 10; recorded in Book 137, page 630, of
same records.
Lot 11. See Lot No. 2, supra. Condemnation.
Lot 12. Deed from Edward J. Neil, dated October 17, 1906, con-
veying Lot 12 ; recorded in Book 137, page 556, of same records.
Lots 13 and 14. Deed from Edward Harte et ux., dated Septem-
ber 24, 1906, conveying Lots 13 and 14; recorded in Book 137,
page 565, of same records.
Lots 15 and 16. Deed from Annie Shaw, dated June 3, 1907, con-
veying Lots 15 and 16 ; recorded in Book 165 ; page 27, of same
records. Also by Condemnation ; Lot 2, supra.
Lot 17. See Lot No. 2, supra, condemnation.
ILLINOIS. 103
Lots 18 and 19. Deed from Annie Daniels et vir, dated September
20, 1906, conveying Lots 18 and 19 ; recorded in Book 137, page
523, of same records.
Lot 20. Deed from Clarence S. Gould et ux., dated September 26,
1906, conveying Lot 20; recorded in Book 162, page 323, of
same records.
Lot 21. Deed from Charles Hudemann, dated September 28, 1906,
conveying Lot 21 ; recorded in Book 162, page 112, of same
records.
Lots 22 and 23. Deed from Edward Whiting et ux., dated Octo-
ber 1, 1906, conveying Lots 22 and 23; recorded in Book 162,
page 353, of same records.
Lot 24. See Lot 1, supra.
Block 2 (containing 29 lots)-
Lot 1. Condemnation. (See Lot 2, Block 1, supra.)
Lot 2. Deed from Ada J. Hogan et vir. See Lot 4, Block 1,
supra.
Lots 3, 4, and 5. Deed from Lizzie Good. See Lot 1, Block 1,
supra.
Lots 6 and 7. Deed from William Menkennaier et ux., dated Sep-
tember 25, 1906, conveying Lots 6 and 7 ; recorded in Book 165,
page 15, of same records1.
Lot 8. Deed from Patrick D. Hickey, dated September 19, 1906,
conveying Lot 8; recorded in Book 137, page 546, of same
records.
Lot 9. Deed from May Rankin, dated September 19, 1906, con-
veying Lot 9 ; recorded in Book 137, page 612, of same records.
Lots 10 and 11. Deed from Alfred C. Markley et ux., dated Octo-
ber 3, 1906, conveying Lots 10 and 11 in Block 2, and Lot 27 in
Block 4 ; recorded in Book 162, page 178, of same records.
Lots 12 to 27, inclusive. Decree in condemnation, in case of U.
S. v. George S. Beach et al., in U. S. District Court for
Northern District of Illinois; case No. 9515; rendered March
. 30, 1908.
Lot 28. Condemnation. See Lot 2, Block 1, supra.
Lot 29. Deed from James Kelly, dated September 25, 1906, con-
veying Lot 29; recorded in Book 162, page 151, of same
records.
Block 3—
That part of Block 3 lying east of the right of way of the
Chicago & Milwaukee Electric Railroad Company. By Con-
demnation. See Lot 12, Block 2.
Block 4 (containing 43 lots) —
Lots 1, 2, 3, 4, part of Lots 5 and 40, and Lots 41, 42, 43, and 44,
not acquired. No Lot numbered " 28."
Lot 5. That part of Lot 5 which lies east of the right of way
of the Chicago & Milwaukee Electric Railroad Co. Same as
Lot 12, Block 2, supra.
Lot 6. Condemnation ; same as Lot 12, Block 2, supra.
Lot 7. Deed from Flora and Margaret Goldrick, dated February
13, 1907, conveying Lot 7; recorded in Book 162, page 184,
of same records.
Lot 8. Condemnation ; same as Lot 12, Block 2, supra.
Lot 9. Condemnation ; same as Lot 12, Block 2, supra.
104 UNITED STATES MILITARY RESERVATIONS, ETC.
Lots 10 and 11. Deed from William O'Flaherty et ux., dated
October 2, 1906, conveying Lots 10 and 11 ; recorded in Book
165, page 4, of same records.
Lot 12, 13, 14, and 15. Condemnation ; same as Lot 2, Block 1.
Lot 16. Deed from Robert H. Holmes, dated January 2, 1907,
conveying Lot 16; recorded in Book 162, page 374, of same
records.
Lots 17 and 18. Deed from Rose B. Seifert et vir, dated Septem-
ber 25, 1906, conveying Lots 17 and 18 ; recorded in Book 165,
page 3, of same records.
Lots 19 and 20. Condemnation ; same as Lot 12, Block 2.
Lot 21. Deed from George J. Williams et ux., dated September
29, 1906, conveying Lot 21 ; recorded in Book 137, page 530, of
same records.
Lot 22 to 25, inclusive. Condemnation ; same as Lot 12, Block 2.
Lot 26. Condemnation ; same as Lot 2, Block 1.
Lot 27. See deed from Alfred C. Markley et ux., Lot 10, Block 2.
Lot 29. See deed from Ada J. Hogan et vir, Lot 4, Block 1.
Lots 30, 31, 32, 33. Condemnation; same as Lot 12, Block 2.
Lot 34. Deed from Frederika Rose Baker, dated September 25,
1906, conveying Lot 34; recorded in Book 137, page 578, of
same records.
Lot 35. Condemnation ; same as Lot 12, Block 2.
Lot 36. Deed from Samuel L. Clonsky, dated September 26,
1906, conveying Lot 36; recorded in Book 162, page 188, of
same records.
Lots 37, 38, 39. Condemnation ; same as Lot 12, Block 2.
Lot 40. That part of Lot 40 lying east of the right of way of the
Chicago & Milwaukee Electric Railroad Company. Con-
demnation ; same as Lot 12, Block 2.
Block 5 (containing 37 lots) —
Lot 1. That part of Lot 1 which lies east of the right of way of
the Chicago & Milwaukee Electric Railroad Company. Con-
demnation; same as Lot 12, Block 2.
Lots 2, 3, 4, 5, 6, 7, 8, 9 and 10. Condemnation ; same as Lot 12,
Block 2.
Lot 11. Condemnation; same as Lot 12, Block 2; and Deed
from Thomas F. Blaha et ux., dated June 13, 1907, conveying
Lot 11 ; recorded in Book 165, page 75, of same records.
Lot 12. Deed from Hugo Acht et ux., dated March 20, 1907,
conveying Lots 12, 13, 18, 33, and part of 34 and 35, in Block
5, and Lot 12 in Block 7; recorded in Book 162, page 436, of
same records.
Lot 13. (See Lot 12, supra.)
Lots 14 and 15. Deed from George Boldizsar et ux., dated Sep-
tember 29, 1906, conveying Lots 14 and 15; recorded in Book
137, page 531, of same records.
Lots 16 and 17. Deed from John Beschke et ux., dated Septem-
ber 19, 1906, conveying Lots 16 and 17 ; recorded in Book 137,
page 549, of same records.
Lot 18. (See Lot 12, supra.)
Lots 19 and 20. Condemnation ; same as Lot 12, Block 2.
Lots 21 and 22. Condemnation ; same as Lot 2, Block 1 ; also,
Deed from Lizzie Good, dated January 16, 1907, conveying
ILLINOIS. 105
Lots 21 and 22; recorded in Book 165, page 24, of same
records ; and quitclaim deed from John C. Sands et ux., dated
February 7, 1907, covering same property; recorded in Book
149, page 412, of same records. See, also, quitclaim deed
from W. W. Wagoner et ux., to same property, under Lot 1,
Block 1, supra.
Lots 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32. Condemnation;
same as Lot 12, Block 2.
Lot 33. (See Lot 12, supra.)
Lots 34 and 35 — a part of these lots only. (See Lot 12, supra.)
Lots 36 and 37. Not acquired.
Block 6 (containing 24 lots) —
Lots 1, 2, 3, 4, 5. Condemnation; same as Lot 2, Block 1.
Lots 6 and 7. Deed from John J. Condon, dated September 28,
1906, conveying Lots 6 and 7 in Block 6, and the south 25' of
Lot 15 in Block 7; recorded in Book 137, page 579, of same
records; and quitclaim deed from William F. Hogan et ux.,
dated October 25, 1906, conveying same Lots in Block 6, re-
corded in Book 149, page 295, of same records.
Lots 8 and 9. Condemnation ; same as Lot 2, Block 1.
Lots 10, 11, and 12. Deed from John Sullivan et ux., dated Sep-
tember 24, 1906, conveying Lots 10, 11, -and 12; recorded in
Book 137, page 518, of same records; and quitclaim deed from
J. S. Prall et ux., dated November 3, 1906, conveying same
property; recorded in Book 149, page 249, of same records;
and quitclaim deed from Ada J. Hogan et vir, dated Novem-
ber 5, 1906, conveying Lot 12 ; recorded in Book 149, page 248,
of same records.
Lot 13. Deed from Henry F. Pelton et ux., dated September 29,
1906, conveying Lot 13; recorded in Book 162, page 170, of
same records.
Lot 14. Deed from Carl Copeland et ux., dated November 8,
1906, conveying Lot 14; recorded in Book 137, page 529, of
same records.
Lot 15. Condemnation ; same as Lot 2, Block 1. Also deed from
Anna Kaiser et vir, dated September 25, 1906, conveying Lot
15; unrecorded.
Lot 16. Deed from Richard Shannon et ux., dated February 12,
1907, conveying Lot 16; recorded in Book 137, page 615, of
same records.
Lot 17. Deed from Richard Shannon et ux., dated February 12,
1907, conveying Lot 17; recorded in Book 149, page 337, of
same records.
Lots 18, 19, 20, 21, 22, and part Lot 23. Condemnation; same as
Lot 2, Block 1 ; also, deed from Emma Carlson et vir, dated
July 30, 1907, conveying Lots 18, 19, 20, 21, 22, and part of
Lot 23; recorded in Book 165, page 122, of same records.
See Lot 24, infra.
Lot 24. Deed from Sebastian Rettig et ux., dated September 20,
1906, conveying Lot 24, and the west 18' of Lot 23; recorded
in Book 137, page 522, of same records.
Block 7 (containing 15 lots) —
Lot 1. Deed from John S. Kelly, dated September 25, 1906, con-
veying Lot 1 ; recorded in Book 165, page 1, of same records.
Lots 2, 3, and 4. Condemnation ; same at Lot 2, Block 1.
106 UNITED STATES MILITAKY RESERVATIONS, ETC.
Lot 5. Deed from Robert H. Patterson et ux., dated September
27, 1906, conveying Lot 5; recorded in Book 165, page 2, of
same records.
Lot 6. Deed from Delia Sweeney et vir, dated October 3, 1906,
conveying Lot 6; recorded in Book 165, page 24, of same
records.
Lot 7. Deed from Vencel Muzike et ux., dated September 19,
1906, conveying Lot 7; recorded in Book 137, page 533, of
same records.
Lot 8. Deed from Aaron A. Dahl et ux., dated September 20,
1906, conveying Lot 8; recorded in Book 137, page 536, of
same records.
Lot 9. (See Lot 4, Block 1.)
Lots 10 and 11. Deed from Julia Conley et vir, dated September
28, 1906, conveying Lots 10 and 11 ; recorded in Book 137, page
520, of same records.
Lot 12. (See Lot 12, Block 5.)
Lot 13. Deed from Clara Pell Townsend, dated October 10, 1906,
conveying Lot 13; recorded in Book 165, page 171, of same
records. Also, Condemnation; same as Lot 2, Block 1.
Lot 14. Deed from Frank T. Hennig et ux., dated October 23,
1906, conveying Lot 14; recorded in Book 158, page 224, of
same records.
Lot 15. Deed from Thomas McGlone, dated September 19, 1906,
conveying Lot 15, except the south 25' thereof; recorded in
Book 137, page 519, of same records. See, also, for the south
25', Lot 6, Block 6.
Deed from the Chicago & Northwestern Railroad Company,
dated June 1, 1907, conveying right of way 100 feet in width
across part of the southeast quarter of section 10, west of Wau-
kegan highway; recorded in Book 167, page 38, of same
records.
Also, Condemnation; same as Lot 2, Block 1.
.C. — E. Ashley Mears' subdivision of the north half of the northeast
quarter of section 15, township 43 north, range 12 east (accord-
ing to survey of Gustaf H. Carlson, surveyor. Nov. 4, 1904) :
Block 18. (containing 17 tracts, lettered from C'A" to " Q," in-
clusive)—
Tract "A." Deed from Phoenix Mutual Life Insurance Com-
pany, dated December 22, 1906, conveying this tract; recorded
in Book 162, page 307, of same records.
Tract " B." Condemnation ; same as Lot 2, Block 1, supra.
Tract " C." Deed from Joseph Delhaye et ux., dated April 13,
1907, conveying this tract; recorded in Book 165, page 25, of
same records.
Tract " D." Deed from Frank J. Hawkins et ux., dated Septem-
ber 24, 1906, conveying tract "D" of Block 18; and tract
" W " of Block 19 ; recorded in Book 137, page 554, of same
records ; and quitclaim deed from Emil Rudolph et ux., dated
November 5, 1906, covering tract " D " of Block 18 ; recorded
in Book 149, page 273, of same records.
Tract " E." Condemnation ; same as Lot 2, Block 1, supra. And
Deed from E. Ashley Mears, et al., dated June 6, 1907, con-
veying tract " E ;" recorded in Book 166, page 222, of same
records.
ILLINOIS. 107
Tract " F." Deed from Otto C. Butz et ux., dated September 24,
1906, conveying tract " F ;" recorded in Book 137? page 548,
of same records.
Tract " G." Deed from Annie Johnson et vir, dated October 10,
1906, -conveying tract " G ;" recorded in Book 137, page 638,
of same records.
Tract " H." Deed from John Johnson, dated September 20, 1906,
conveying tract "H;" recorded in Book 137, page 637, of
same records.
Tract "I." Deed from Emil Rudolph et ux., May 14, 1907,
conveying tract " I;" recorded in Book 137, page 603, of same
records.
Tract " J." Condemnation ; same as Lot 2, Block 1, supra.
Tract " K." Deed from Mary Davis et vir, dated June 15, 1907,
conveying tract " K;" recorded in Book 165, page 103, of same
records. Also, condemnation; same as Lot 2, Block 1, supra.
Tract "L." Deed from Nellie Matthews, dated July 10, 1907,
conveying tract " L ; " recorded in Book 163, page 88, of same
records ; and quitclaim deed from Julia Weinacht et vir, dated
June 30, 1907, covering same tract; recorded in Book 149,
page 394, of same records. Also, condemnation; same as Lot
2, Block 1, supra.
Tract " M." Deed from William F. Hogan et ux., dated June 7,
1907, conveying tract "M;" recorded in Book 165, page 100,
of same records; and quitclaim deed from E. Ashley Mears
et ux., dated June 6, 1907, covering same tract; recorded in
Book 166, page 210, of same records; also releases of Joseph
E. Burchell, trustee, dated June 10, 1907, covering same
tract; recorded, respectively in Book 177, page 75, and Book
148, page 384, of same records. Also, condemnation; same as
Lot 2, Block 1, supra.
Tract " N." Condemnation; same as Lot 2, Block 1, supra.
Tract " O." Condemnation ; same as Lot 2, Block 1, supra.
Tract " P." Deed from Logan Council Building and Loan Asso-
ciation, dated August 15, 1907, conveying tract " P; " recorded
in Book 167, page 33, of same records. Also, condemnation;
same as Lot 2, Block 1, supra.
Tract " Q." Deed from Emil Rudolph et ux., dated September
23, 1907, conveying tract "Q"; recorded in Book 165, page
110, of same records. Also, condemnation; same as Lot 2,
Block 1, supra.
Block 19 (16 tracts) -
Tract "R." Condemnation; same as Lot 2, Block 1, supra.
Tract " Ra." Deed from the Chicago Title and Trust Company,
trustee, dated August 6, 1906, conveying tracts "Ra," "X,"
"A," and "Da" of Block 19, and tracts "J," " F," and "E"
of Block '20 ; recorded in Book 162, page 146, of same records.
Tract " S." Deed from Francis C. Foster et ux., dated Sepember
28, 1906, conveying tract "S;" recorded in Book 162, page
296, of same records.
Tract "T." Deed from Josephine E. Prall, dated October 8,
1906, conveying tract " T ; " recorded in Book 165, page 14, of
same records ; and quitclaim deed from Reginald G. R. Carne
et ux., dated June 26, 1907, covering same tract; recorded in
Book 149, page 333, of same records.
108 UNITED STATES MILITARY RESERVATIONS, ETC.
Tract "Ta." Condemnation; same at Lot 2, Block 1, supra.
Tract "U." Condemnation; same as Lot 2, Block 1, supra.
Tract "V." Deed from the Hartford Theological Seminary,
dated March 11, 1907, conveying tracts "V" and "D" of
Block 19, and tract " I " of Block 20 ; recorded ,in Book 166,
page 95, of same records.
Tract " Va." Deed from the Chicago Title and Trust Company,
trustee, dated August 6, 1906, conveying tract " Va ; " recorded
in Book 162, page 144, of same records; and quitclaim deed
from Frank P. Hawkins et ux., dated October 11, 1906, cov-
ering same tract; recorded in Book 149, page 256, of same
records.
Tract "W." (See Tract "D" of Block 18, supra. Also Con-
demnation; same as Lot 2, Block 1, supra.)
Tract " X." (See Tract " Ra," supra.)
Tract " Xa." Condemnation; same as Lot 2, Block 1, supra.
Tract "A." (See Tract "Ra," supra.)
Tract "B." Condemnation; same as Lot 2, Block 1, supra.
Tract " C." Condemnation; same as Lot 2, Block 1, supra. Also,
deed from John R. Coyne, trustee, dated October 31, 1907, con-
veying tract " C ; " recorded in Book 165, page 170, of same
records.
Tract "D." (See Tract UV," supra.)
Tract "Da." (See Tract "Ra," supra.)
Block 20 (containing 6 tracts) —
Tract " E." (See Tract " Ra " of Block 19, supra.)
Tract " F." (See Tract " Ra " of Block 19, supra.)
Tract " G." Condemnation; same as Lot 2, Block 1, supra.
Tract " H." Deed from Gustave Pabst et ux., dated February 25,
1907, conveying tract " H " ; recorded in Book 165, page 8, of
same records.
Tract " I." (See Tract " V " of Block 19, supra.)
Tract " J." (See Tract " Ra " of Block 19, supra.)
By Act of May 27, 1908 (35 Stat. L., 364), provision was made for
the purchase of a triangular tract of land on Lake Michigan, adjacent
to the north line of the Fort Sheridan reservation, as described
therein, and containing 11.5 acres, more or less. Under this authority
the title was acquired by the following deed :
Deed from Rebecca P. McNeill, et vir, dated February 26, 1909,
conveying 12.14 acres. Recorded in Book 170, page 14, of same
records.
Jurisdiction: By an Act of the State Legislature, approved June
6, 1887, consent to the purchase of the original reservation was given
and jurisdiction ceded as follows:
" SECTION 1. Be it enacted, etc., That the consent of the State of
Illinois is hereby given to the acquiring of title by the United States,
by purchase or otherwise, to the following described real estate or
any portion thereof situated in the County of Lake [here describes
the real estate conveyed by deeds of Oct. 6, 1887, supra].
" SEC. 2. The jurisdiction of the State of Illinois in and over the
said property, or such part thereof as the United States may so
acquire title to, shall be, and the same hereby is ceded to the United
States, subject to the restrictions hereinafter mentioned.
" SEC. 3. The said consent is given, and the said jurisdiction ceded
upon the express condition that the State of Illinois shall retain a
ILLINOIS. 109
concurrent jurisdiction with the United States in and over the said
property so far as that the execution of all civil and criminal proc-
esses which may issue under the laws or authority of the State of
Illinois shall be allowed thereon on application to the officer of the
United States in charge thereof in the same way and manner as if
such consent had not been given or jurisdiction ceded, except so far
as such processes may affect the real or personal property of the
United States.
" SEC. 4. The jurisdiction hereby ceded shall not vest in any respect
to any portion of said real estate until the United States shall have
acquired the title thereto by purchase or otherwise.
" SEC. 5. The said property, when acquired by the United States,
and so long as the same shall remain the property of the United
States and be used for public purposes, and no longer, shall be and
continue exonerated and discharged from all taxes, assessments, and
other charges which may be levied or imposed under the authority
of this State." (Illinois Stats., 1898, p. 1522a, Sec. 10.)
See also General Acts of Cession.
Revocable licenses: License, April 24, 1889, to the Chicago and
Northwestern Railway Company to construct and maintain a side
track upon the reservation. License modified November 17, 1904.
License, September 20, 1894, to the Chicago and Northwestern
Railway Company to lay a two-inch galvanized pipe on the reser-
vation, and to connect same with the government supply pipe.
License, February 28, 1895, to the Chicago and Northwestern Rail-
way Company to construct a six-inch sewer on the reservation and
connect same with existing post sewer.
License, March 16, 1900^ to D. S. McMullin to lay and maintain a
gas main through the reservation.
License, December 20, 1904, to Chicago Telephone Company, for
telephone system.
License, May 29, 1905, to Indiana Transportation Company ; July
28, 1905, to Northern Michigan Transportation Company; and July
21, 1906, to Chicago Northern Navigation Company, for landing ves-
sels at Government pier.
License, October 9, 1906, to Chicago Telephone Company, for
"underground conduit, and a pole telephone line east of the pro-
posed new highway, in parkway," through the reservation and " the
proposed addition thereto."
License, May 15, 1906, to Chicago and Milwaukee Electric Rail-
road Company, for maintenance of tracks on highway adjoining
Chicago and Northwestern Railway Company, and upon acquisition
of proposed addition to reservation, to construct and maintain
thereon a passenger station adjoining proposed right of way to be
acquired by said company.
WOODLAND CEMETERY, " SOLDIER'S LOT."
This property is known as Lot No. 33, in Block 1, in Woodland
Cemetery, in the County of Adams. The title is as follows:
Deed from John Wood, Attorney in fact, etc., dated February 12,
1870, conveying above lot. Recorded in Book 1 of Cemetery Lots,
pages 70 and 71, of the deed records at Quincy, Adams County.
For jurisdiction see General Acts of Cession.
110 UNITED STATES MILITARY RESERVATIONS, ETC.
INDIANA.
GENERAL ACTS OF CESSION.
" SECTION 1. Be it enacted, etc., That the jurisdiction of this State
is hereby ceded to the United States of America over all such pieces
or parcels of land within the limits of this State as have been or
shall hereafter be selected and acquired by the United States for
the purpose of erecting post-offices, custom-houses, or other structures
exclusively owned by the General Government and used for its pur-
poses : Provided, That an accurate description and plat of such lands
so acquired, verified by the oath of some officer of the General Gov-
ernment having knowledge of the facts, shall be filed with the Gov-
ernor of this State: And provided further, That this cession is upon
the express condition that the State of Indiana shall so far retain
concurrent jurisdiction with the United States in and over all lands
acquired or hereafter acquired as aforesaid; that all civil and crim-
inal process issued by any court of competent jurisdiction, or officer
having authority of law to issue such process; and all orders made
by such court or any judicial officer duly empowered to make such
orders and necessary to be served upon any person, may be executed
upon said lands, and in the buildings that may be erected thereon,
in the same way and manner as if jurisdiction had not been ceded as
aforesaid.
" SEC. 2. The lands aforesaid, when so acquired, shall forever be
exempt from all taxes and assessments so long as the same shall
remain the property of the United States." (Approved January 25,
1883. Indiana Stats., 1894, sec. 7147.)
As to jurisdiction over National Cemeteries see the following Act
of Congress, approved July 1, 1870:
" SECTION 1. Be it enacted, etc., That from the time any State
Legislature shall have given, or shall hereafter give, the consent of
such State to the purchase by the United States of any National
Cemetery mentioned in the act entitled 'An Act to establish and pro-
tect national cemeteries,' approved February twenty-second, eighteen
hundred and sixty-seven, the jurisdiction and power of legislation of
the United States over such cemetery shall in all courts and places
be held to be the same as is granted by Section eight, Article one, of
the Constitution of the United States ; and all the provisions of said
act of February twenty-second, eighteen hundred and sixty-seven,
shall be applicable to the same."
FORT BENJAMIN HARRISON.
This reservation is situated about 9 miles northeast of Indianapo-
lis, in Marion County, and contains 1,994.17 acres, with metes and
bounds as announced in G. O. No. 117, War Dept., June 28, 1904.
The title is as follows :
1. Deed from William V. Baker and wife, dated April 16, 1903,
conveying 61.87 acres. Recorded in Land Record 43, page 2, of the
records of Marion County.
2. Deed from Albert I. Baker and wife, dated April 18, 1903, con-
veying 48.87 acres. Recorded in Land Record 43, page 21, of same
records.
INDIANA. Ill
3. Deed from Clara O. Summers and husband, et al., dated July
29, 1903, conveying 18 acres. Recorded in Land Record 43, page 31,
of same records.
4. Deed from Francis M. Louden and wife, dated August 7, 1903,
conveying 43.52 acres. Recorded in Land Record 43, page 26, of
same records.
5. Deed from James G. Russell, dated August 11, 1903, conveying
6 acres. Recorded in Land Record 43, page 33, of same records.
6. Deed from Lydia B. Thomas, dated August 11, 1903, conveying
30.12 acres. Recorded in Land Record 43, page 27, of same records.
7. Deed from Mary A. Baker, dated August 11, 1903, conveying
24.04 acres. Recorded in Land Record 43, page 8, of same records.
8. Deed from James H. Thomas and wife, dated August 11, 1903,
conveying 49.50 acres. Recorded in Land Record 43, page 13, of same
records.
9. Deed from John N. Reddick and wife, dated August 11, 1903,
conveying 56.60 acres. Recorded in Land Record 43, page 25, of
same records.
10. Deed from Sarah C. Baker, dated August 11, 1903, conveying
87.56 acres. Recorded in Land Record 43, page 6, of same records.
11. Deed from Frank Baker, dated August 11, 1903, conveying
39.35 acres. Recorded in Land Record 43, page 4, of same records.
12. Deed from Nellie G. Baker and husband, dated August 11, 1903,
conveying 64.81 acres. Recorded in Land Record 43, page 9, of same
records.
13. Deed from Murray F. Hill and wife, dated August 11, 1903,
conveying 20 acres. Recorded in Land Record 43, page 14, of same
records.
14. Deed from John R. Harper and wife, dated August 11, 1903,
conveying 97.48 acres. Recorded in Land Record 43, page 24, of same
records.
15. Deed from Robert E. Poindexter and wife, dated August 11,
1903, conveying 71.34 acres. Recorded in Land Record 43, page 10,
of same records.
16. Deed from Jesse H. Herrin and wife, dated August 11, 1903,
conveying 16.60 acres. Recorded in Land Record 43, page 29, of same
records.
17. Deed from Francis M. Kimberlin and wife, dated August 12,
1903, conveying 68.52 acres. Recorded in Land Record 43, page 12,
of same records.
18. Deed from Francis M. Kimberlin and wife, dated August 12,
1903, conveying 7.04 acres. Recorded in Land Record 43, page 11, of
same records.
19. Deed from Samuel A. Michael and wife, dated August 12, 1903,
conveying 49.77 acres. Recorded in Land Record 43, page 28, of same
records.
20. Deed from Anton L. Witte and wife, dated August 14, 1903,
conveying 54.31 acres. Recorded in Land Record 43, page 18, of same
records.
21. Deed from John W. Gibson and wife, dated August 14, 1903,
conveying 40.43 acres. Recorded in Land Record 43, page 34, of same
records.
22. Deed from Abraham R. Nicholas and wife, dated August 14,
1903, conveying 220.96 acres. Recorded in Land Record 43, page 16,
of same records.
112 UNITED STATES MILITARY RESERVATIONS, ETC.
23. Deed from Charles F. Witte and wife, dated August 15, 1903,
conveying 20 acres. Recorded in Land Record 43, page 17, of same
records.
24. Deed from Cory E. Kane and husband, dated August 17, 1903,
conveying 40.53 acres. Recorded in Land Record 43, page 22, of
same records.
25. Deed from Mary E. Kidwell and husband, et al., dated August
21, 1903, conveying an undivided seventeen-twentieths of 89.98 acres.
Recorded in Land Record 43, page 37, of same records. (See num-
bers 36, 37, and 38, infra.)
26. Deed from John N. Baker and wife, dated August 25, 1903,
conveying 29.01 acres. Recorded in Land Record 43, page 7, of same
records.
27. Deed from John L. Brown and wife, dated August 27, 1903,
conveying 80 acres. Recorded in Land Record 43, page 23, of same
records.
28. Deed from Owen E. Day and wife, dated August 27, 1903,
conveying 33.21 acres. Recorded in Land Record 43, page 30, of
same records.
29. Deed from Mary Ann Reddick, dated August 27, 1903, convey-
ing 4 acres. Recorded in Land Record 43, page 20, of same records.
30. Deed from Lawson Reddick and wife, dated August 27, 1903,
conveying 1 acre. Recorded in Land Record 43, page 19, of same
records.
31. Deed from Lewis E. Baker and wife, dated August 29, 1903,
conveying 51.27 acres. Recorded in Land Record 43, page 5, of same
records.
32. Deed from Harriet H. Specs, dated August 31, 1903, conveying
93.84 acres. Recorded in Land Record 43, page 15, of same records.
33. Deed from Eliza A. Welmington et al., dated August 31, 1903,
conveying 60.62 acres, except two rights of wray. Recorded in Land
Record 43, page 35, of same records.
34. Deed from Noah Spees and wife, dated September 5, 1903, con-
veying 48 acres. Recorded in Land Record 43, page 36, of same
records.
35. Deed from Robert H. Acre and wife, dated September 8, 1903,
conveying 8.35 acres. Recorded in Land Record 43, page 32, of same
records.
36. Guardian's deed from Annie McCormick, dated September 23,
1903, conveying the undivided one- twentieth of certain land therein
described. Recorded in Land Record 43, page 3, of same records.
37. Guardian's deed from Louisa McCormick, dated October 3,
1903, conveying the undivided one-twentieth of certain land therein
described. Recorded in Land Record 43, page 38, of same records.
38. Guardian's deed from Charles A. Offenbacker, dated October
15, 1903, conveying the undivided one-twentieth of 89.98 acres. Re-
corded in Land Record 43, page 39, of same records.
39. Quit-claim deed from Samuel T. Beaver, Trustee, etc., dated
February 4, 1904, conveying 1 acre. Recorded in Land Record 42,
page 491, of same records.
40. Deed from Mary A. Roberts and husband, dated February 27,
1904, conveying 259.34 acres. Recorded in Land Record 43, page 40,
of same records.
INDIANA. 113
Jurisdiction acquired under Act of January 25, 1883, given under
" General Acts of Cession," ante. Plat and description filed, as re-
quired by said Act, May 5, 1909.
Revocable Licenses: License, June 28, 1904, to Indiana Union Trac-
tion Company to construct, maintain and operate a temporary track
on reservation.
License, July 14, 1906, to same for electric railway on reservation.
•
CROWN. HILL NATIONAL CEMETERY.
This reservation, containing 1.3T acres, was established as a National
Cemetery in 1866, and is situated in Center Township, Marion County,
near Indianapolis, being described as Section 10 on the plat of the
Crown Hill Cemetery as recorded in the office of the Recorder of said
Marion County. The title is as follows :
Deed from the CrowTn Hill Cemetery (a corporation), dated Au-
gust 27, 1866, and recorded in the Crown Hill Cemetery" records,
Book 1, page 6, February 18, 1867.
For jurisdiction see Act of Congress approved July 1, 1870, as set
out under title " General Acts of Cession.
GREEN LAWN CEMETERY.
This reservation contains the remains of the Confederate Soldiers
who died here as prisoners of war. It is situated in the city of
Indianapolis, County of Marion. The title is as follows:
1. Deed from the Terre Haute and Indianapolis Railroad Company,
dated June 15, 1870, conveying Lots Nos. 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 125, 126, 127,
128, 129, 130, 131, 133, 135 of Section D, and Lots Nos. 2, 4, 6, 8, 10.
12, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33^
34, 35, 36, 37 and 38 in Section F, according to the plot of said ceme-
tery recorded in the office of the Recorder of Marion County. Re-
corded in Record 414, page 455, Recorder's Office, Marion County.
2. Deed from the Vandalia Railroad Company, successor to above,
dated October 11, 1909, conveying Lots 2, 5, 6, 7 and 120, and parts of
Lots 132, 134, 207, 208 and 209 of Section " D", and Lots 1, 3, 5, 7, 9,
11, 13 and 15 of Section "F"; together with driveway and paths.
Recorded in Land Records 455, page 1, of same records.
For jurisdiction see Act of July 1, 1870, under " General Acts of
Cession."
JEFFERSONVILLE DEPOT.
This reservation is located in Jeffersonville, Clark County, and
contains an area of 17.40 acres.
The title is as follows : Deed from the City of Jeffersonville, dated
December 2, 1870, conveying the 17.40 acres above mentioned, being
all of Blocks 120, 121, 124 and Jefferson Square, in said City of
Jeffersonville, together with the parts of streets dividing said blocks
and squares. Recorded in the Recorder's Office in Book No. 61, pages
183, 184 and 185, of the deed records of Clark County.
16809—10- — 8
114 UNITED STATES MILITARY RESERVATIONS, ETC.
Jurisdiction was ceded to the United States by Joint Resolution
No. 2 of 1871, which is as follows:
" Whereas the City of Jeffersonville, Indiana, has granted and con-
veyed to the United States the premises hereinafter described for
military purposes; and whereas, under existing laws, no permanent
buildings can be erected thereon by the General Government until
the State of Indiana shall have ceded to the United States her juris-
. diction over the same: Now, therefore,
"Be it Resolved, That the State of Indiana hereby relinquishes and
cedes to the United States all the rights and jurisdiction which she
now possesses over the following described premises so long as said
premises shall continue to be used by the United States for military
purposes." (Premises described by courses and distances and as
"containing seventeen and four-tenths (17.4) acres, more or less.")
See also General Acts of Cession.
NEW ALBANY NATIONAL CEMETERY.
This cemetery contains 5.46 acres, and is situated near the City of
New Albany, in Floyd County. The title is as follows :
Deed from Charles Bowman and wife, dated December 15, 1862,
conveying 5.46 acres. Recorded in Deed Book No. 10, pages 144 and
145, of the deed records of Floyd County.
See General Acts of Cession.
IOWA.
GENERAL ACTS OF CESSION.
" SECTION I. Be it enacted, etc., That whenever the title to any real
property, situated within the State of Iowa, shall become vested in
the United States of America, to be used as a barracks, drill-ground,
or fort, or for other military purposes, the full exclusive, and com-
plete jurisdiction is hereby granted and ceded to the United States of
America over such real property, and full consent to the acquisition
of such real property is hereby given and granted by the State of
Iowa to the United States, and all jurisdiction of the State of Iowa
over such real property is hereby ceded and surrendered. All claims
or right to levy taxes against said real property is also hereby fully
released and surrendered." (Approved April 4, 1900. Laws of
Iowa, 1900, p. 134.)
" SECTION I. Be it enacted, etc., That the consent of the State of
Iowa is hereby given, in accordance with the seventeenth clause,
eighth section, of the first article of the Constitution of the United
States, by purchase, condemnation, or otherwise, of any land in this
state required for sites for custom houses, courthouses, post offices,
arsenals, or other public buildings whatever, or for any other purposes
of the government.
" SECTION II. That exclusive jurisdiction in and over any land so
acquired by the United States shall be, and the same is hereby ceded
to the United States, for all purposes except the serving upon such
sites of all civil and criminal processes of the courts of this state ; but
the jurisdiction so ceded shall continue no longer than the United
States shall own such lands.
IOWA. 115
" SECTION III. The jurisdiction ceded shall not vest until the
United States shall have acquired title to the said lands by purchase,
condemnation or otherwise; and so long as the said lands shall remain
the property of the United States when acquired as aforesaid, and no
longer, the same shall be and continue exempt and exonerated from
all state, county and municipal taxation, assessment or other charges
which may be levied or imposed under the authority of this state."
(Approved March 27, 1902. Laws of Iowa, 1902, p. 165.)
FORT DBS MOINES.
This reservation contains 640 acres, and is situated near the city
of Des Moines, Iowa, and embraces the east half of section thirty-
three, and the west half of section thirty-four, in township seventy-
eight north, range twenty-four west of the fifth principal meridian.
It was acquired under Acts of Congress approved April 4, 1900,
and May 27, 1908.
The title is as follows :
1. Deed from James Denney and wife, dated June 20, 1901, con-
veying 160 acres. Recorded in Book 404, page 553, of the records of
Polk County.
2. Deed from Robertson M. Brisco and wife, dated June 21, 1901,
conveying 240 acres. Recorded in Book 404, page 554, of same
records.
3. Deed from Thomas Robertson and wife, dated July 18, 1908,
conveying 80 acres ; recorded in Book 458, page 413, of same records.
4. Deed from Mary Burgett and husband, dated August 12, 1908.
conveying 40 acres ; recorded in Book 458, page 412, of same records!
5. Deed from John W. Burgett and wife, dated August 12, 1908,
conveying 40 acres ; recorded in Book 458, page 414, of same records.
6. Deed from John Fullerton (single), dated August 24, 1908,
conveying 79 acres; recorded in Book 458, page 411, of same records.
This deed conveys the south half of the southwest quarter of section
thirty-four, " except the west one acre thereof " which is referred to
in the abstract as having been " heretofore conveyed to the United
States of America." The excepted tract was conveyed to the United
States by deed of John Fullerton, executed, delivered, and recorded
in 1905, for " a perpetual right of way over which the grantee may
construct and perpetually maintain a military road."
A right of way for a sub-surface drain from the Military reserva-
tion was secured by deeds from the following named persons through
their respective lands, at the dates given :
In Polk County :
1. S. W. Reynolds and wife, April 10, 1902.
2. H. S. De Witt and wife, April 11, 1902.
3. D. Mulholland and wife, April 17, 1902.
4. Carlos F. Smith and wife, June 9, 1902.
5. Effie S. Spitznagle and husband, June 14, 1902.
6. Lura Warrick, widow, June 14, 1902.
The above six deeds are recorded in Book 426, pages 121, 122, 120,
134, 138 and 139, respectively, of the records of Polk County.
The right of way continues in Warren County by virtue of the fol-
lowing deeds :
1. H. E. McGriff and wife, May 1, 1902.
2. Carlos F, Smith and wife, June 9, 1902.
116 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Grant of Easement by the Governor and Auditor of the state,
June 25, 1902.
4. Robert Spilmer and wife, September 3, 1902.
The above four deeds are recorded in Book 55, pages 602, 600, 608
and 619, respectively, of the records of Warren County.
For jurisdiction see General Acts of Cession.
Revocable Licenses: License, April 1, 1902, to The Interurban Rail-
way Company to construct line of tracks on reservation.
License, March 13, 1906, to Iowa Telephone Company, for tele-
phone line for private telephone service.
License, April 13, 1906, to Des Moines Terminal Company for
railway tracks on reservation.
TARGET RANGE.
(Fort Des Moines.)
This reservation contained, prior to purchases in 1908, post, about
526 acres in Warren County as announced in G. O. 33, A. G. O. March
19, 1903. The title is as follows :
1. Deed from Norton J. Loomis and wife, dated July 26, 1902, con-
veying 80 acres. Recorded in Book 61, page 189, of the records of
Warren County.
2. Deed from Grant U. Herrick, dated July 30, 1902, conveying 20
acres. Recorded in Book 61, page 187, of same records.
3. Deed from C. L. Watrous and wife, dated October 13, 1902, con-
veying 313 acres, more or less. Recorded in Book 61, page 188, of
same records.
4. Deed from H. D. Thompson, dated December 11, 1902, convey-
ing 113 acres, more or less. Recorded in Book 61, page 186, of same
records.
By Act of Congress, approved May 11, 1908 (35 Stat. L., 122), pro-
vision was made for the purchase of not less than 358.5 acres adjoin-
ing this reservation. Purchases have been made under this authority ,
of about 353.5 acres, as follows:
5. Deed from Thomas Stevenson, et ux., dated September 8, 1908,
conveying 60 acres; recorded in Book 69, page 116, of same records.
6. Deed from Louisa Josephine Patten, et al., dated September 26,
1908, conveying 40 acres; recorded in Book 59, page 478, of same
records.
7. Deed from Dora Jackson, et vir, dated September 21, 1908, con-
veying 20 acres ; recorded in Book 69, page 369, of same records.
8. Deed from Mary E. Mason, et vir, dated February 1, 1909, con-
veying 20 acres; recorded in Book 69, page 370, of same records.
9. Deed from M. E. Blackford, et ux., dated April 14, 1909, con-
veying 10 acres; recorded in Book 69, page 368, of same records.
10. Deed from Richard H. Collicott, et ux., dated March 4, 1909,
conveying 60 acres ; recorded in Book 59, page 489, of same records.
11. Deed from Nellie M. Collicott, single, dated October 15, 1908,
conveying 10 acres; recorded in Book 69, page 421, of same records.
12. Decree of condemnation, dated May 21, 1909, in the United
States District Court for the Southern District of Iowa, No. 1008
(law) ; United States v. J. L. Brown, et al., covering about 20.5 acres.
^Decree entered in Journal I, page 204, of the records of said court.
IOWA. 117
13. Decree of condemnation, dated May 21, 1909, in the United
States District Court for the Southern District of Iowa, No. 1009
(law) ; United States v. Martha McDowell, et al., covering about 113
acres. Decree entered in Journal I, page 205, of same records.
For jurisdiction see General Acts of Cession.
KEOKUK NATIONAL CEMETERY.
This cemetery contains an area of about 2.75 acres, and is situated
near Keokuk, Lee County. The title is as follows:
1. Deed from the City of Keokuk, dated August 28, 1866, convey-
ing the tract of land therein described, being a part of Oakland
Cemetery adjacent to Keokuk, in Lee County. Recorded in Book
No. 27, page 117, of the deed records of Lee County.
2. Deed from Hiram Barney and wife, dated August 5, 1870, con-
veying Fractional Block No. 107 and Lots 1, 2, 3, and 4 in Block
No. 108, all in Mason's lower addition to the City of Keokuk. Re-
corded in Book No. 33, page 569, of same records.
3. Deed from John Oertell and wife, dated August 30, 1871, con-
veying Lots 5 and 6 in Block No. 108 in Mason's lower addition to
the City of Keokuk. Recorded in Book No. 36, page 77, of same
records.
4. Deed from the City of Keokuk, dated December 17, 1874, con-
veying the lands therein described for cemetery purposes. Recorded
in Book No. 40, page 76, of same records.
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved March 11, 1872, and by an act approved March
4, 1876. These acts provide as follows:
" SECTION 1. Be it enacted., etc., That the consent of this General
Assembly be, and the same is hereby, given to the purchase by the
United States of certain parcels of land situate in Lee County, known
and described as fractional block 107, and lots number (s) one, two,
three, four, five, and six, in block 108, Mason's Lower Addition to the
city of Keokuk, Iowa, the same to be used for cemetery purposes by
the United States Government," (Approved March 11, 1872.)
" SECTION 1. Be it enacted, etc., That the consent of this General
Assembly, be and the same is hereby, given to the purchase by the
United States of America of certain parcels of land situate in Lee
County, known and described as so much of Keokuk Avenue as lies
north of block one hundred and eight (108), Mason's lower addition
to the city of Keokuk, and so much of G street as lies between blocks
one hundred and seven (107) and one hundred and eight (108), in
said addition, and the small triangular piece of land formed by the
northerly and southerly sides of said block one hundred and seven
(107) continued until said lines meet; also to a certain parcel of land
known and described as the ' soldiers' burial ground,' lying within
Oakland cemetery, together with a strip of land twenty (20) feet
wide extending the entire length of the said ' soldiers' burial ground,'
all situate within the city of Keokuk, Iowa.
"SEC. 2. The jurisdiction of the State of Iowa in and over the
lands mentioned in the preceding section and in an act entitled 'an
act giving the consent of the legislature of the State of Iowa, to the
purchase by the United States of certain real estate,' approved March
118 UNITED STATES MILITARY RESERVATIONS, ETC.
11, 1872, shall be and the same is hereb}' ceded to the United States;
Provided, That the jurisdiction hereby ceded shall continue no longer
than the United States shall own or occupy said lands." (Approved
March 4, 1876.)
MILITIA TARGET RANGE.
This range is situated in Polk County, and comprises several
tracts having an aggregate area of about 161.5 acres. The title is as
follows :
1. Deed from Mary Tidrick Porter, executrix, dated January 4,
1908, conveying 22.80 acres, reserving coal under the same. Recorded
in Book 479, page 215, of Deed Records of Polk County.
2. Deed from Carl F. Lundstrom, unmarried, dated January 9,
1908, conveying 6.67 acres. Recorded in Book 458, page 159, of
same records.
3. Deed from John F. Bowen et al., dated January 7, 1908, con-
veying 123.91 acres. Recorded in Book 458, page 158, of same
records.
4. Deed from Anna Marie Lundstrom et al., dated January 9, 1908,
conveying 8.11 acres. Recorded in Book 485, page 160, of same
records.
OAKDALE CEMETERY.
This cemetery is located near Davenport, in Scott County, and that
portion used as a National Cemetery is described in the following:
Deed from the Oakdale Cemetery Company, dated June 26, 1866,
conveying Lot No. 140 in Section 2, and also that portion of the cen-
ter of section 2 upon which seven soldiers have been interred, as laid
down on the plat of said cemetery. Also a portion of lot No. 13
described. Recorded in Book U of Town Lot deeds, pages 275 and
276, of the deed records of Scott County.
WESTERN APPROACH TO ROCK ISLAND.
This property consists of the North end and abutments of the
bridge at and the wagon approach on the Iowa side. The title is as
follows :
Consent of the municipal authorities of the City of Davenport to
location of same, by. an ordinance passed - — .
Jurisdiction was ceded to the United States by an Act of the State
Legislature approved March 26, 1878, as follows:
" Whereas, The Government of the United States have caused to be
erected across the Mississippi River at the City of Davenport, Iowa,
a wagon road and railroad bridge, connecting the Iowa shore with
the Rock Island Arsenal; and
" Whereas, The abutments and the wagon approach to said bridge
on the Iowa shore are located in public streets and on the bank of
said river in the said City of Davenport by the consent of the mu-
nicipal authorities of said city : Therefore, Be it enacted, etc.,
" SECTION 1. That exclusive jurisdiction is hereby ceded to the
United States over that part of the Rock Island Arsenal Bridge across
the Mississippi River at Davenport, Iowa, which is north of the mid-
KANSAS. 119
die of the main channel of the said river, and also over the plat of
ground occupied by the abutments and the wagon approach to the
north end of said bridge, more particularly described as follows:
Provided, however, That so much of said public streets (of
the city of Davenport) as are occupied by said wagon approach shall
be forever kept and maintained as a public highway without expense
to the said city of Davenport : And provided further, That this act
shall not be held or construed to add to, dimmish, or prejudice any
rights or privileges now held by any railroad company to use said
approach for the purposes of a railroad track. Nor shall the juris-
diction hereby conceded be held or construed to impair, prejudice, or
effect [affect] the right of the city of Davenport, or any other taxing
power, to assess and collect taxes upon any franchise, right-of-way,
or other property, or privilege, which any railroad company may now
or hereafter have, hold or possess in said bridge." (Laws of Iowa,
1878, Chap. 163, p. 149.)
Revocable license: June 20, 1907, to the People's Light Company
for gas main across premises.
KANSAS.
GENERAL ACT OF CESSION.
" SECTION 1. That the United States shall have power to purchase
or condemn in the manner prescribed by law, upon making just com-
pensation therefor, any land in the State of Kansas required for
custom-houses, arsenals, national cemeteries, or for other purposes
of the government of the United States.
" SEC. 2. The United States may enter upon and occupy any land
which may have been or may be purchased or condemned or other-
wise acquired, and shall have the right of exclusive legislation and
concurrent jurisdiction, together with the State of Kansas, over such
land and the structures thereon, and shall hold the same exempt
from all state, county, and municipal taxation." (Approved March
28, 1872. Genl. Stats. Kansas, 1905, §§ 3960-3961.)
BAXTER SPRINGS NATIONAL CEMETERY.
This cemetery comprises a lot of about 1 acre, near the center qf
the Baxter Springs Cemetery, and is situated about 1 mile from the
city of Baxter Springs, in Cherokee County. The title is as follows :
1. Deed from The City of Baxter Springs, dated April 10, 1869,
conveying lot known as the " National Block." Recorded in Book
A, pages 217 and 218, of the records of Cherokee County.
2. Deed from The City of Baxter Springs, dated May 3, 1875,
conveying lot and right of way. Recorded in Book J, page 119, of
same records.
3. Deed from The City of Baxter Springs, dated November 21,
1877, and action of the City Council ratifying same, dated February
8, 1878, conveying a strip adjoining cemetery. Recorded in Book
Q, pages 99 and 100, of same records.
4. Deed from The City of Baxter Springs, dated ,1887,
conveying additional ground for cemetery. Recorded June 29, 1887,
in Book 17, page 449, of same records.
For jurisdiction see General Act of Cession.
120 UNITED STATES MILITARY RESERVATIONS, ETC.
FORT LEAVENWORTH.
These reservations contain a total area of 6,464.24 acres, exclusive
of the tract of about 505 acres set apart for U. S. Penitentiary by
Act of June 10, 1896 ; of which 5,524.87 acres belong to the Post and
Military Prison reservations on the west side of the Missouri River,
in Leavenworth County, Kans. ; the remainder, 939.37 acres, being
the timber reservation on the East side in Missouri. The title is as
follows :
Part of the Louisiana purchase from France in 1803. A military
post was established upon the present site May 8, 1827. By Execu-
tive Order dated October 10, 1854, the area of the reservation being
ascertained by what is known as " Hunt's Survey," it was reserved
and set apart for military purposes. The timber reservation on the
east side of the river in Missouri, was declared such for military
purposes by Executive Order dated June 21, 1838, and reduced to
its present size, July 12, 1843. The reservation in Kansas was later
increased by the following additions:
1. Deed from Lorenz Kern, dated July 28, 1902, conveying 14.21
acres. Recorded in Book D, page 35, of the Transfer Records of
Leavenworth County.
2. Deed from John J. Steinbach and wife, dated July 28, 1902,
conveying 20.35 acres. Recorded in Book 188 of Conveyances, page
440, of same records.
3. Deed from Leo Hund and wife, dated July 28, 1902, conveying
20.09 acres. Recorded in Book 188 of Conveyances, page 443, of
same records.
4. Deed from Mike Kern and wife, dated September 9, 1902, con-
veying 35.45 acres. Recorded in Book 188 of Conveyances, page
442, of same records.
Kansas was admitted into the Union as a State January 29, 1861,
but the United States failed to retain jurisdiction over the original
reservation. This was remedied by jurisdiction over that part of
the reservation situated in the State of Kansas being ceded to the
United States by an act of the State Legislature, approved February
22, 1875, which provides as follows:
" SECTION 1. That exclusive jurisdiction be and the same is hereby
ceded to the United States over and within all the territory owned
by the United States, and included within the limits of the United
States military reservation known as the Fort Leavenworth reserva-
tion, in said state, as declared from time to time by the President of
the United States, saving, however, to the said state the right to
serve civil or criminal process within said reservation, in suits or
prosecutions for or on account of rights acquired, obligations in-
curred, or crimes committed in said state, but outside of said cession
and reservation; and saving further to said state the right to tax
railroad, bridge and other corporations, their franchises and prop-
erty on said reservation." (Genl. Stats. Kansas, 1905, sec. 3963.)
(See Appendix, pages 466, 471, 486.)
Easements: By Act of July 20, 1868, the Kansas and Missouri
Bridge Company was granted permission to build a railroad, transit
and wagon bridge across the Missouri River upon or near the mili-
tary reservation of Fort Leavenworth. A right of way not exceed-
KANSAS. 121
ing 300 feet in width was also granted to any railroads leading to
said bridge from either side of the river.
By Act of Congress, approved July 27, 1868, a right of way, not
exceeding 100 feet in width, was granted to the Leavenworth and
Des Moines Railway Company, to construct and operate a railway
across the reservation on the east side of the Missouri River.
By Act of Congress, approved July 27, 1868, a right of way, not
exceeding 100 feet in width, was granted the Leavenworth, Atchison
and Northwestern Railway Company, to construct and operate a
railroad across the reservation.
By Act of Congress, approved July 27, 1868, a strip of land 100
feet in width along the southern boundary of the reservation in the
State of Kansas, extending from the Missouri River to the western
boundary thereof, was set apart for the perpetual and exclusive use
of a public road.
By Act of June 23, 1884, the Leavenworth Bridge Company was
granted authority to construct a bridge across the Missouri River at
the city of Leavenworth.
By Act of Congress, approved July 3, 1886, a right of way, not
exceeding 100 feet in width, was granted to the Leavenworth, North-
ern and Southern Railway Company to construct a railroad across
the reservation. Right of way designated by the Secretary of War,
May 6, 1887.
Bv Act of Congress, approved September 10, 1888, a right of way,
50 feet in width, was granted to the Leavenworth Rapid Transit
Railway Company to construct and operate its railroad, from its ter-
minus at the south boundary of the reservation to a point near the
military prison, and to construct a depot and necessary side tracks,
turntables, etc. Location of railroad and depot grounds approved by
the Secretary of War, December 17, 1888.
Lease: Lease to Leavenworth City and Fort Leavenworth Water
Company, June 15, 1889, of tract containing 9.75 acres, more or less,
in the south eastern portion of the reservation, pursuant to act of Con-
gress, approved March 2, 1889, for the purpose of constructing and
maintaining thereon a reservoir.
Revocable Licenses: License, June 17, 1863, to Leavenworth City
Railroad Company to cross the reservation.
License, February 9, 1886, to Grant Monument Association to erect
monument on reservation.
License, June 27, 1889, to Louis M. Fink, Bishop of Leavenworth,
to erect church and school building on tract of land 200 feet square
set apart for that purpose.
License, February 15, 1898, to members of the officers' mess to light
the mess building by electricity and for this purpose to place a line
of poles on the reservation.
License, August 25, 1900, to the Kansas City-Leavenworth Rail-
way Company to construct and operate a line of electric railroad
across the reservation, with permission to place a " Y " and waiting
room.
License, April 8, 1901, to People's Telephone Company to extend
its lines across reservation on the east side of the Missouri River to
the highway leading to Platte City, Missouri.
122 UNITED STATES MILITARY RESERVATIONS, ETC.
License, July 12, 1901, to Leavenworth, Kansas and Western Rail-
way Company to lay a spur from its main track on the military reser-
vation to the line of the new penitentiary grounds.
License, October 1, 1901, to the Postal Telegraph-Cable Company
to construct a telegraph line along the southern boundary of the
reservation.
License, February 28, 1901, to the Postal Telegraph- Cable Com-
pany to erect and maintain a line across the Fort Leavenworth
Timber Reserve in Missouri.
License, October 27, 1905, under Act of Congress, approved May
31, 1902, to the International Committee Y. M. C. A. for building on
reservation.
Licenses, May 9, 1906, to People's Telephone Company and Mis-
souri and Kansas Telephone Company for telephone lines on reser-
vation.
FORT LEAVENWORTH NATIONAL, CEMETERY.
This cemetery contains an area of 5 acres and is a part of the Fort
Leavenworth Military Reservation. (See Fort Leavenworth for title,
etc.)
MOUND CITY (SOLDIERS' BURIAL LOT).
This lot is situated at Mound City, in Linn County, and contains
9,164 square feet. The title is as follows :
Deed from the Mound City Cemetery Association of Mound City,
dated July 11, 1870, conveying the above tract. Recorded in Book
15, page 254, of the deed records of Linn County.
For jurisdiction, etc., see General Act of Cession.
FORT RILEY.
The area of this reservation is 19,446.735 acres, exclusive of right
of way (about 73.72 acres) of the Union Pacific Railroad Company,
with metes and bounds as announced in G. O. No. 112, W. D., 1908.
It is situated on the Kansas River, about 3J miles from Junction City,
in Geary County. The title is as follows :
Included in the Louisiana purchase from France in 1803, it became
a part of the public domain and was, by Executive Order* dated May
5, 1855, declared a reservation for military purposes.
By Joint Resolution of Congress, approved March 2, 1867, a por-
tion of the reservation was released to the state of Kansas to aid in
the construction of a bridge over the Republican River. Under
authority of Act of Congress, approved July 26, 1866, the President,
by Executive Order, dated July 19, 1867, set apart and granted to
the Kansas Pacific Railway Company, 20 acres in the bottom oppo-
site Riley City. This latter tract was surrendered to the United
States by the successors of the above railway company by the follow-
ing deed :
Quit-claim deed from the Union Pacific Railroad Company, dated
August 19, 1902, conveying 20 acres. Recorded in Book 5 of Deeds,
pages 355 to 358, of the records of Geary County.
Jurisdiction was ceded to the United States by an act of the State
Legislature February 14, 1889, which provides as follows:
KANSAS. 123
" SECTION 1. That exclusive jurisdiction be, and the same is hereby,
ceded to the United States over and within all the territory owned by
the United States and included within the United States military
reservation known as the Fort Riley military reservation, in said
state, as declared May 5, 1855, by the President of the United States,
and reduced by joint resolution of the senate and house of representa-
tives of the United States, approved March 2, 1867, saving, however,
to the said state the right to serve civil or criminal process within said
reservation in suits or prosecutions for or on account of rights ac-
quired, obligations incurred, or crimes committed in said state (but
outside of said cession and reservation), and saving further to said
state the right to tax railroad, bridge, and other corporations, their
property and franchises, and the property of citizens, not otherwise
exempt, on said reservation." (Genl. Stats. Kansas, 1905, sec. 3964.)
Easements : Act of Congress, approved May 9, 1888, granted a right
of way for railway, telegraph and telephone line upon the reservation
to the Kansas Valley Railroad Company.
Act of Congress, approved February 27, 1891, and extended by Act
of March 6, 1894, granted a right of way upon the reservation to the
Junction City and Fort Riley Rapid Transit Street Railway Com-
pany.
Act of Congress of Feb. 26, 1908, authorizes the Secretary of War
to grant to the State of Kansas one acre of ground, being the site of
the old station building used as the first territorial capitol at Pawnee.
Permission granted, January 15, 1902, to the Boards of County
Commissioners of Geary and Riley counties to extend a pubilc high-
way across the reservation from its northern boundary to the Wash-
ington Street Republican River Bridge, under authority of Act of
Congress, approved July 5, 1884.
Revocable License: License, August 30, 1900, to H. P. Wareham
to erect and maintain a telephone line across the reservation.
License, January 16, 1901, to the Electric Railway, Light and
Ice Company to construct and maintain an electric railway on the
reservation.
License, March 18, 1901, to the State Historic Society to take pos-
session of the ruins of the old station building which was the first
Kansas Capitol at Pawnee.
License, January 15, 1902, to the Electric Railway, Light and Ice
Company to erect a depot at the terminus of its line on the reserva-
tion.
License, August 25, 1902, to the Union Pacific Railway Company
to extend its two tracks beyond its right of way on the reservation,
one 800 feet, and the other 1050 feet.
License, November 21, 1903, to the Union Pacific Railroad Com-
pany to maintain the spur tracks and platform erected by said com-
pany on the reservation.
License, October 10, 1905, to Union Pacific Railroad Company to
maintain side tracks.
License, October 10, 1905, to Union Pacific Railroad Company for
dwelling, etc., for use of station agent.
License, July 19, 1906, to Missouri & Kansas Telephone Company
for telephone line on the reservation.
License, September 11, 1907, to Union Pacific Railroad Company
for spur track to new granary.
124 UNITED STATES MILITAKY RESERVATIONS, ETC.
FORT SCOTT NATIONAL CEMETERY.
This cemetery contains an area of 10.26 acres and is situated at
Fort Scott, in Bourbon County. The title is as follows :
1. Deed from The Fort Scott Town Company, dated October 16,
1868, conveying 5 acres in'SW. J, Sec. 32, T. 25, R. 25 E. Recorded
in Book G, page 520, of the deed records of Bourbon County.
2. Deed from John G. Stewart and wife, dated October 16, 1868,
quit-claiming all interest in above 5 acres. Recorded in Book G,
page 519, of same records.
3. Deed from J. G. Scott et al., dated May 19, 1873, conveying by
quit-claim 56 rods of land. Recorded in Book Q, page 400, of same
records.
4. Deed from B. F. Hepler and wife, dated June 3, 1873, conveying
56 rods of land. Recorded in Book Q, page 403, of same records.
5. Deed from Board of Trustees of " The First Presbyterian
Church of Fort Scott," dated August 15, 1873, conveying the " Pres-
byterian Cemetery," being part of the SW. J of Sec. 32, T. 25, R. 25.
Recorded in Book R, page 493, of same records.
6. Deed from John G. Stewart and wife, dated August 15, 1873,
conveying 4.91 acres. Recorded in Book R, page 491, of same records.
7. Deed from W. S. Relfe, Superintendent of Insurance Depart-
ment of Missouri, dated August 6, 1880, conveying a roadway to the
National Cemetery, etc. Recorded in Book No. 30, page 244, of
same records.
8. Deed from James R. Bowman et al., dated August 7, 1880, con-
veying a roadway, etc. Recorded in Book No. 30, page 248, of same
records.
9. Deed from John Farnsworth and wife, dated August 16, 1880,
conveying a roadway, etc. Recorded in Book No. 30, page 235, of
same records.
10. Deed from Ira D. Bronson and wife, dated September 1, 1880,
conveying a roadway, etc. Recorded in Book No. 80, page 239, of
same records.
11. Deed from Charles H. Morley and wife, dated September 1,
1880, conveying a roadway. Recorded in Book No. 30, page 238, of
same records.
12. Deed from Annie R. Bowden and husband, dated September
25, 1880, conveying a roadway. Recorded in Book No. 33, page 243,
of same records.
13. Deed from James H. Wilson and wife, dated November 6, 1880,
conveying a roadway. Recorded in Book No. 30, page 234, of same
records.
14. Deed from James M. Lee et al., dated February 25, 1881, con-
veying a roadway. Recorded in Book No. 30, page 242, of same
records.
15. Deed from Eliza A. Marr and husband, dated March 1. 1881,
conveying a roadway. Recorded in Book No. 30, page 236, of same
records.
16. Deed from Cyrus Newkirk et al., dated March 4, 1881, convey-
ing a roadway. Recorded in Book No. 30, page 246, of same records.
17. Deed from Fort Scott and Gulf Railroad Company, dated
April 1, 1881, conveying a roadway. Recorded in Book No. 29, page
378, of same records.
KENTUCKY. 125
18. Deed from George W. Williamson and wife, dated April 12,
1882, conveying a roadway. Recorded in Book No. 32, page 606, of
same records.
19. Deed from Eli Hollingsworth and wife, dated November 15,
1880, releasing roadway. Recorded in Book No. 30, page 240, of
same records.
20. Deed from Milton Hollingsworth and wife, dated October 26,
1880, releasing a roadway. Recorded in Book No. 30, page 241, of
same records.
21. Deed from C. H..Morley and wife, dated March 9, 1881, re-
leasing a roadway. Recorded in Book No. 30, page 253, of same
records.
22. Deed from the Board of County Commissioners of Bourbon
County, dated May 23, 1882, releasing the roadway in said city of
Fort Scott to Cemetery. Recorded in Book No. 33, page 311, of same
records.
The title of the Government roadway was released to the city of
Fort Scott for street purposes by Act of Congress, approved March
4, 1907 (34 Stat. L., 1347).
Jurisdiction over a portion of the cemetery Avas ceded to the
United States by an act of the State Legislature, approved March
2, 1870, which provides as follows:
" SECTION 1. The assent of the State of Kansas is hereby given to
the purchase of land heretofore made by the United States, under the
act of Congress, approved February 22, 1867, for the purpose of a
National Cemetery at Fort Scott, Kansas, said tract of land being
the five acres situate near the City of Fort Scott, in Bourbon County,
known as the ' government cemetery ' ; * * * and the jurisdic-
tion of the State of Kansas over said tract of land is hereby ceded to
the United States of America, and said land shall be forever free
from taxation by or under the laws of this State; Provided, That
nothing herein contained shall be so construed as to interfere with or
prevent the service of process issued out of any of the courts of this
State upon such tract of land, or to interfere in any way with the
jurisdiction of this State to punish crimes and offenses against the
law of this State committed thereon."
See " General Act of Cession " for jurisdiction over remainder of
cemetery.
KENTUCKY.
GENERAL ACT OF CESSION.
"Be it enacted, etc.
" SECTION 1. That the Commonwealth of Kentucky hereby consents
to the acquisition by the United States of America" of all lands and
appurtenances in this Commonwealth heretofore legally acquired, or
that may be hereafter legally acquired, by purchase or condemnation,
for the erection of forts, magazines, arsenals, dock-yards and other
needful buildings, including post-offices, custom-houses, and court-
houses, also lands for locks, dams and canals in improving the naviga-
tion of the rivers and waters within and on the borders of the Com-
monwealth of Kentucky."
Approved August 16* 1892. (Kentucky Stats., 1903, sec. 2376.)
126 UNITED STATES MILITARY RESERVATIONS, ETC.
CAVE HILL NATIONAL CEMETERY.
This cemetery contains an area of 3.58 acres and is situated near
the city of Louisville, in Jefferson County, being a portion of the
public cemetery of that name. The title is as follows :
1. Deed from Cave Hill Cemetery Company, dated March 23, 1877,
confirming the donation by said Company, made in 1861, of Section
A, containing 28,418.80 square feet of ground. Eecorded in Book
206, page 440 of the records of Jefferson County.
' £. Deed from Cave Hill Cemetery Company, dated July 23, 1863,
conveying Section B, containing 42,114 square feet. Recorded in
Book 115, page 176, etc., of same records.
3. Deed from Cave Hill Cemetery Company, dated May 30, 1864,
conveying Sections C and D, containing 52,455 square feet. Re-
corded in the Clerk's Office of the County Court of Jefferson County
May 30, 1864.
4. Deed from Cave Hill Cemetery Company, dated June 4, 1868,
conveying Section E, containing 4,991 square feet. Recorded in the
Clerk's Office of the County Court of Jefferson County June 4, 1868.
5. Deed from Cave Hill Cemetery Company, dated June 19, 1893,
conveying a tract containing 15,934 square feet (marked A on plat).
Recorded in Book 419, page 335, of the records of Jefferson County.
6. Deed from Ward Payne and wife, dated November 26, 1867,
conveying the southward part of Lot 1, in square 8, in Payne's addi-
tion to the City of Louisville (for Keeper's Lodge). Recorded in
Book 139, page 134, of same records.
7. Deed from Cave Hill Cemetery Company, dated November 12,
1897, conveying 2,366 square feet contiguous to above cemetery tract
(for the purpose of erecting a rostrum). Recorded in Book 495,
page 470, of same records.
For jurisdiction see Lebanon National Cemetery.
DANVILLE NATIONAL CEMETERY.
These cemetery lots contain about 0.31 acre, and are within the city
cemetery at Danville, in Boyle County. The title is as follows :
Deed from the Board of Trustees of the Town of Danville, dated
June 12, 1868, conveying Lots 10 to 17, inclusive, and from 30 to 41
inclusive (excepting 34 and 37) in Danville Cemetery. Recorded in
Book 10, page 474, of the records of Boyle County, June 13, 1868.
For jurisdiction see Lebanon National Cemetery.
FRANKFORT. (SOLDIERS' LOT.)
This lot contains about 4,500 square feet, and is a part of the city
cemetery at Frankfort, in Franklin County. The title is as folloAvs :
Deed from The Frankfort Cemetery Company, dated January 4,
1868, conveying certain lots and parts of lots in said Cemetery, aggre-
gating 4,500 square feet. Recorded same date in the Clerk's Office
of the County Court of Franklin County.
For jurisdiction see Lebanon National Cemetery.
KENTUCKY. 127
LEBANON NATIONAL CEMETERY.
This cemetery contains an area of about 2 acres, 3 roods, and 13.2
perches, and is situated near the town of Lebanon, in Marion County.
The title is as follows:
1. Deed from James J. McElroy et al., dated April 6, 1867, con-
veying 2 acres, 1 rood, and 25 poles. Recorded in the Clerk's Office
of the County Court of Marion County, July 9, 1868.
2. Deed from Charles Gohe and wife, dated August 18, 1875, con-
veying about 0.50 acre. Recorded January 26, 1876, in same records.
3. Release of J. F. McElroy, dated November 12, 1873. Recorded
in the Clerk's Office of the County Court of Marion County, August
18, 1875.
Jurisdiction was ceded to the United States by the following act
of the State Legislature, approved March 9, 1867 :
"Be it enacted, etc.,
" SECTION 1. That the jurisdiction over the lands, parcels, or lots
of ground purchased, obtained, used, or occupied by the United States,
her officers or agents, for the burial of the Union dead, in the follow-
ing-described cemeteries, burial places, and parts thereof, and over
such other lands and parcels of ground as may hereafter be required,
purchased, obtained, used, or occupied by said common government
for such purposes, together with all the buildings, improvements, and
other property belonging thereto or connected therewith in this Com-
monwealth, is hereby ceded to and vested in the said United States,
so long as such premises may be used, occupied, or required for the
purpose of sepulture and the public service, except for the punish-
ment of offenses hereinafter provided : Perryville National Cemetery,
near Perryville, in Boyle County, about four acres ; London, near Lon-
don, Laurel County, about two acres ; Camp Nelson, Jessamine County,
about four acres; Lebanon, near Lebanon, Marion County, about
two acres; Mill Springs, near Logan's Cross Roads, about two acres.
" SEC. 2. That all places of sepulture, lands, buildings, fixtures,
improvements, and property of the United States thereon or con-
nected therewith shall be held exonerated and exempt from any and
all taxation and assessments under the authority of this state, or any
county or other municipality therein, so long as the same shall remain
in the use or occupation of the United States.
" SEC. 3. That any wilful, reckless, or voluntary mutilation of the
graves, monuments, fences, shrubbery, ornaments, or grounds or
buildings in or inclosing said cemeteries or places of sepulture shall
subject the offender or offenders each to a fine of not less than ten
dollars, to which may be added, in the discretion of the jury or court
trying the case, imprisonment in the county jail or work-house not
exceeding six months, to be prosecuted before any court having com-
petent jurisdiction."
LEXINGTON NATIONAL CEMETERY.
This cemetery contains an area of 0.75 acre, and is situated within
the City Cemetery of Lexington, in Fayette County. The title is as
follows :
Deed from The Lexington Cemetery Company, dated July 1, 1867,
conveying the above tract by metes and bounds. Recorded in the
Clerk's Office of the County Court of Fayette County, May 29, 1868.
For jurisdiction see Lebanon National Cemetery.
128 UNITED STATES MILITARY ItESERVATlONS, ETC.
MILL SPRINGS NATIONAL CEMETERY.
This cemetery contains an area of about 3.50 acres, and is situated
near Logan's Cross Roads, about 8 miles from Somerset, in Pulaski
County. The title is as follows :
Deed from William H. Logan and wife, dated July 5, 1867, con-
veying 3.50 acres. Recorded in the Clerk's Office of the County Court
of Pulaski County, June 20, 1868.
For jurisdiction see Lebanon National Cemetery.
CAMP NELSON NATIONAL CEMETERY.
This cemetery contains about 9.50 acres, and is situated 7 miles
southwest of Nicholasville, in Jessamine County. The title is as
follows :
1. Deed from John D. Scott et al., dated August 26, 1872, convey-
ing 7.25 acres, and also a strip extending to the Danville, Lancaster
and Nicholasville Turnpike, containing 1 acre, 1 rood, and 32 poles.
Recorded in the Clerk's Office of the County Court of Jessamine
County, October 16, 1872.
2. Deed from John D. Scott et al., dated April 18, 1874, conveying
1 acre. Recorded May 2, 1874, in same records.
For jurisdiction see Lebanon National Cemeter}'.
NEWPORT BARRACKS.
This reservation is situated in the city of Newport, at the conflu-
ence of the Ohio and Licking Rivers, and contains about 6 acres.
The title is as follows:
1. Deed from Washington Berry, et al., Trustees of the Town of
Newport, dated July 28, 1803, conveying 5 acres and 6 square poles,
in the above city. Recorded in Book B. folio 345, of the records of
Campbell County.
2. Deed from Washington Berry et al. Trustees of the Town of
Newport, dated February 11, 1806, conveying Lot No. 34 and the
alley between said lot and Lot No. 33. Recorded in Book C, Folio
102, of same records.
3. Deed from David Morton, dated February 14, 1806, conveying
Lot No. 3. Recorded in Book C, Folio 101, of same records.
4. Deed from the Town of Newport, dated June 15, 1848, convey-
ing additional land lying between the Ohio and Licking Rivers.
Recorded in Book S, Folio 288, of same records.
Jurisdiction was ceded by the State Legislature by Acts approved
December 26, 1803, and April 1st, 1880.
By Act of Congress approved July 31, 1894, the reservation was
granted to the city of Newport for the purposes of a public park, with
the condition that should the city ever cease to use it as such, or use it
or any part of it for any other purpose, all .right and title should
revert to the United States.
FORT THOMAS.
This reservation contains 111 acres 2 roods and 39 poles; also a
Rifle Range containing 169 acres ; also the right of way to the station
of the Chesapeake and Ohio Railroad, and right of way to the Ohio
River for a sewer, all in Campbell County. See G. O. Ill, War
KENTUCKY. 129
Dept., June 18, 1906. The fort is 3 miles from Newport on highlands
overlooking the Ohio River and about 4 miles from Cincinnati.
The post was established and lands purchased under authority of an
Act of Congress approved March 3, 188T. The title is as follows:
1. Deed from Samuel Brigstatf and wife, dated August 20, 1887,
conveying 39 acres 2 roods and 1 pole. Recorded in the Clerk's Office
of the County Court of Campbell County, October 31, 1867, in Deed
Book Xo. 45, pages 406 to 408, Newport Office.
2. Deed from Samuel Shaw and wife, dated August 23, 1887,
conveying 27 acres 1 rood and 4 poles with certain reservations.
Recorded October 31, 1887, in Deed Book No. 45, pages 411 to 413,
same records.
3. Deed from Mary A. Happensack, dated August 25, 1887, con-
veying 29 acres and 34 poles. Recorded October 31, 1887, in Deed
Book No. 45, pages 409 to 411, same records.
4. Deed from A. H. Bloom, dated August 27, 1887, conveying 15
acres and 3 roods. Recorded October 31, 1887, in Deed Book No. 45,
page 414, same records.
The title to the Rifle Range is as follows:
1. Deed from William N. Taliaferro, dated May 1, 1891, convey-
ing 169 acres. Recorded May 27, 1891, in Deed Book No. 51, page
475, Alexandria Office.
The title to the right of way to the station on the Chesapeake and
Ohio Railroad is as follows:
1. Deed from William H. Truesdell and wife, dated March 5,
1889, conveying about 31*000 square feet. Recorded in the Clerk's
Office of the County Court of Campbell County May 22, 1889, in
Deed Book No. 49. page 406, Newport Office.
The title to the right of way for sew^er purposes is as follows :
1. Deed from Samuel W. Hills and wife, dated February 4, 1889,
conveying the right and privileges therein described. Recorded June
7, 1889, in Deed Book No. 49, page 446, same records.
2. Deed from Charles Birkly and wife, dated March 6, 1889, con-
veying the right and privileges therein described. Recorded May
22, 1889, in Deed Book No. 49, page 409, same records.
3. Deed from Martha Stewart and others, dated March 7, 1889,
conveying the right and privileges therein described. Recorded in
the Clerk's Office of the County Court of Campbell County, in Deed
Book No. 49, page 411, Newport Office.
Jurisdiction over the main reservation was ceded to the United
States by an act of the State Legislature approved February 29, 1888.
This act provides as follows:
u Whereas, By virtue of an act of Congress approved March 3,
1887, authorizing the purchase by the United States of a suitable site
in Campbell County, Kentucky, for the location of a military post,
and making appropriations for the erection of suitable buildings
thereon, the Bigstaff, Happensack, Bloom, and ShawT tract of land,
near Newport, was selected and paid for, but before building opera-
tions can be commenced, it is necessary, under the provisions of Sec-
tion 355, Revised Statutes of the United States, that the consent of
the Legislature of the State of Kentucky should be obtained, and that
jurisdiction over the land in question should be ceded to the United
States ; Therefore, Be it enacted, etc.,
16809—10 9
130 UNITED STATES MILITARY RESERVATIONS, ETC.
" SECTION 1. That the consent of the State of Kentucky to the pur-
chase of the tract of land mentioned in the preamble to this act, for
the purposes therein named, by the United States, be, and is hereby,
given, and the United States shall have, hold, use and occupy said
land as provided for by this act.
" SEC. 2. That exclusive jurisdiction over said tract of land be, and
is hereby, ceded to the United States, so long as they remain the own-
ers thereof, for all purposes, except the administration of the crimi-
nal laws of this Commonwealth, and the service of any civil process
thereon ; and said tract of land, and the improvements which may be
erected thereon, shall be exempt from State, county and municipal
taxes so long as it shall remain the property of the United States."
(A proviso follows, securing to the " trustees of Covington reser-
voir and the City of Covington " the right to lay and maintain a
30-inch water main, and the right of access thereto over parts of said
lands.) Approved February 29, 1888.
See General Act of Cession for jurisdiction over Rifle Range.
Revocable license, March 8, 1906, to The Citizens Telephone Com-
pany of Cincinnati, for telephone line to post.
LOUISIANA.
GENERAL ACT OF CESSION.
" SECTION 1. Be it enacted, etc., That the United States shall have
power to purchase or condemn in the manner prescribed by law, upon
making just compensation therefor, any land in the State of Louisi-
ana not already in use for public purposes, required for custom-
houses, court-houses, arsenals, national cemeteries, or for other pur-
poses of the government of the United States.
" SEC. 2. Be it further enacted, etc., That the United States may
enter upon and occupy any land which may have been or may be
purchased or condemned, or otherwise acquired, and shall have the
right of exclusive legislation, and concurrent jurisdiction, together
with the State of Louisiana, over such land and the structures thereon,
and shall hold the same exempt from all State, parochial, municipal,
or other taxation."
(Approved July 6, 1882.)
ALEXANDRIA NATIONAL CEMETERY.
This cemetery contains an area of 8.24 acres, which, with the road-
way belonging thereto, is situated at Pineville, in the Parish of Rap-
ides. It was taken possession of for cemetery purposes under the
act of Congress approved February 22, 1867, and title acquired as
follows :
Decree of condemnation for Lot 24 in Poissin Division of the vil-
lage of Pineville, in the Parish of Rapides, containing 8.24 acres, in
Cause No. 7248, Ex parte, Secretary of War, in the Circuit Court
of the United States for the Fifth Circuit and District of Louisiana.
Decree rendered and filed with the record in said cause in the Clerk's
Office of said Court at New Orleans, April 26, 1875.
The title to the Roadway is as follows :
1. Donation from The town of Pineville. dated October 5, 1888,
conveying a right of way, etc. Recorded in the Clerk's Office at
Alexandria, October 5, 1888.
LOUISIANA. 131
2. Donation from Robert Aaron, Individual and as Tutor, dated
January 5, 1889, conveying additional right of way. Recorded in the
Office of the Clerk of the District Court, in Book of Donations, pages
1 and 2.
3. Donation from Henry Robinson, dated January 5, 1889, convey-
ing additional right of way. Recorded in the Office of the Clerk of
the District Court, in Book of Donations, page 1.
Jurisdiction over this cemetery, inter alia, was ceded to the United
States by the following act, approved, September 16, 1868 :
"Whereas, the United States of America have purchased, or are
about to purchase and set apart certain tracts of land in the State of
Louisiana, hereinafter described, to be used and maintained at their
own expense, in perpetua, as National Cemeteries for the interment of
the remains of United States soldiers, deceased ; and
"Whereas, the laws of said United States provide that no public
money shall be expended for the purchase of any land within any
State of the United States until a cession of the jurisdiction by the
Legislature of the State; and
"Whereas, a formal application has been filed by the said United
States, through their properly accredited representative, for the
aforesaid cession, so far as relates to the lands hereinafter described ;
now, therefore,
"Be it resolved, etc., That the State of Louisiana relinquish all
jurisdiction over the hereinafter described lands and premises in said
State purchased or to be purchased and set apart for the purposes
aforesaid, and that such jurisdiction be, and the same is hereby ceded
to and forever vested in the United States. * * *
"All that certain tract, piece or parcel of land, situated, lying, and
being in the city of Baton Rouge and designated on a map of a sur-
vey of said city made by Henry and Wm. G. Waller, city survey-
ors, as squares numbers nineteen (19), twenty (20), and twenty-one
(21). * * *
"Also, all that certain other tract of land, piece or parcel of land,
situate, lying and being at Chalmette, in the parish of St. Bernard,
and State of Louisiana, about four miles below the city of New
Orleans, and on the easterly bank of the Mississippi River, and desig-
nated by the letters A, B, C, D, E and F, on a map or plan drawn by
Louis H. Pilie, late city surveyor, dated January 29, 1867, and depos-
ited in the office of the city notary for reference as plan number
twenty (20). * * *
"Also, all that certain other tract, piece and parcel of land situate
in the Parish of East Baton Rouge, in said State of Louisiana
* * * about one mile below Port Hudson, * * * containing
about eight acres. * * *
"Also, all that certain other tract, piece or parcel of land situated
at Pineville in said State." * * *
See also " General Act of Cession."
BATON ROUGE NATIONAL CEMETERY.
This cemetery contains an area of 7.50 acres, and is situated at
Baton Rouge, in the Parish of East Baton Rouge. The title is as
follows :
1. Act of sale from Simonna Bareno, dated October 16, 1868, con-
veying Squares Numbered 19 and 20 of the City of Baton Rouge.
132 UNITED STATES MILITARY RESERVATIONS, ETC.
Recorded in Book X, folio 218, of Notarial Acts in the Office of the
Recorder of Deeds in the Parish of East Baton Rouge.
2. Act of sale from Pierre Baron and wife, dated October 16, 1868,
conveying Square No. 21 of the City of Baton Rouge. Recorded in
Book X, folio 219, of same records.
3. Grant from The City of Baton Rouge, dated April 21, 1873, of
certain property for the purpose of building a wall, etc. Recorded in
the Auditor's Office, Baton Rouge.
For jurisdiction see Alexandria National Cemetery, ante.
BATTERY BIENVENUE.
This reservation contains 934.7 acres in Township 12 South, Range
13 East, and is situated on the right bank of Bayou Bienvenue at the
forks of said Bayou and Mazant. The lands were reserved for mili-
tary purposes by Executive Order dated February 9, 1842, and
included all " the public land 1,200 yards each way from the fort."
Jurisdiction was ceded to the United States by an act of the State
legislature, approved June 1, 1846, which provides as follows:
" SECTION 1. Be it enacted, etc., That the jurisdiction and control
over the sites of the following works of fortification be, and the same
hereby are, granted and ceded to the United States, for military pur-
poses, viz : Over Fort Jackson on the right bank of the Mississippi
River, and over all the land lying within fifteen hundred Castilian
varas (or thirteen hundred and ninety yards and a half), measured
from the most salient parts of the works; over Fort Saint Philip, on
the left bank of the Mississippi River, and over the section of land on
which it is situated, being section eleven of township nineteen, range
seventeen east, of the southeastern District of Louisiana ; over Fort
Pike, at Pass Rigolets, and over all the land within twelve hundred
yards of the Fort, measured from the most salient parts of the
works ; over Fort Wood, at the Chef Menteur Pass, and over all the
land within twelve hundred yards of the Fort, measured from the
most salient parts of the works: over Battery Bienvenue, and over
all the land within twelve hundred yards of the most salient parts of
the same; over Tower Dupres, and over all the land within twelve
hundred yards of the most salient parts of the same; and over such
tract of land as the United States may reserve or purchase for the
site of works of fortification at or near Proctor's Landing on Lake
Borgne, not to exceed the area lying within twelve hundred yards of
the most salient parts of such works of fortification:
"Provided always, and the cession and jurisdiction aforesaid are
granted upon the express condition that this Commonwealth shall
retain a concurrent jurisdiction with the United States in and over
the said tracts of land, so far as that all civil and such criminal proc-
ess as may issue under the authority of this Commonwealth, against
any person or persons charged with crimes committed without the
said tracts of land, may be executed therein in the same way and
manner as though this cession and consent had not been made and
granted, except so far as such process may affect the real or personal
property of the LTnited States within the ceded territory.
" SEC! 2. Be it further enacted, etc., That the property over which
jurisdiction is granted by this act, shall be exonerated and dis-
charged from all taxes and assessments which may be levied or
LOUISIANA. 133
imposed under the authority of this State, while the said tracts of
land shall remain the property of the United States, and shall be
used for the purposes intended by this act."
CHALMETTE NATIONAL CEMETERY.
This cemetery contains an area of about 16 acres, and is situated
at Chalmette> about 4 miles below the City of New Orleans, on the
east bank of the Mississippi River, in the Parish of St. Bernard.
The title is as follows:
Deed of donation from the City of New Orleans, dated May 26,
1868, conveying about 13.60 acres, describing the same by metes and
bounds. Recorded in Conveyance Book No. 9, folios 366 to 368, of
the deed records of the Parish of St. Bernard. Right of way from
United States Barracks to National Cemetery granted by act under
private signature, dated July, 1886, and Resolution of Police Jury of
Parish of St. Bernard, of August 2, 1886. Recorded August 2, 1886,
in Mortgage Book No. 12, folio 741 ; and January 11, 1905, in Con-
veyance Book No. 20, folio 438, et seq.
Act of Congress, approved March 4, 1909 (35 Stat. L., 1002) author-
izes the closing of the River Road between the United States Bar-
racks and the National Cemetery, acquired in 1866, as stated above,
and in consideration of conveyance of the lands and servitudes re-
ferred to therein. In pursuance of this authority, the New Orleans
Terminal Company by Act of Sale, dated - - conveyed to the
United States, as an addition to the Cemetery, a tract of 2.40 acres,
and the servitude over the strip of land separating this tract from the
right of way of the Louisana Southern Railway, and right of way, 30
feet wide, for road crossing the railway right of way, and connecting
with the New Shell Road.
For jurisdiction see Alexandria National Cemetery, ante.
CHALMETTE MONUMENT.
Act of Sale from the Governor of Louisana, before Benjamin Ory,
Notary Public, May 24, 1907, of Chalmette Monument and Site,
under Act of the General Assembly of the State, approved June 19,
1902, authorizing the Governor to cede title and jurisdiction to the
United States. Transfer accepted by the President of the United
States June 5, 1907, under Act of Congress, approved March 4, 1907,
Recorded in the Office of the Register of Conveyances for the Parish
of St. Bernard, in Conveyance Book No. 21, folio 248, et seq. The
jurisdiction was ceded subject to the proviso: " That nothing herein
contained shall be construed as to prevent in any manner, the Officer
of the State, from executing process of law within the property
herein above mentioned."
JACKSON BARRACKS.
This reservation contains an area of 87.87 acres, and is situated on
the east bank of the Mississippi River, about 3 mlies below the City of
New Orleans, in the Parish of New Orleans. The title is as follows :
1. Act of sale from Pierre Cotteret and wife, dated December 14,
1833, conveying Lots 15 and 16 of the Parish lots. Recorded in the
Office of the Register of Conveyances for the City and Parish of New
Orleans, in Deed Book No. 14, page 471.
134 UNITED STATES MILITARY RESERVATIONS, ETC.
2. Act of sale from Mrs. Prudence Desilets, widow of Louis Badius,
dated May 17, 1848, conveying parts of Lots 13 and 14 of Parish lots.
Recorded in Deed Book No. 44, page 580, same records.
Jurisdiction was ceded to the United States by the act of the State
Legislature, approved July 6, 1882, for which see General Act of
Cession.
The Louisiana Southern Railway crosses the reservation. This
track was built shortly after the purchase of the first parcel men-
tioned in Act of Sale numebr one, supra.
North Peters Street, a public highway, crosses the reservation along
the water front. This highway was in existence at the time the
parcel conveyed by Act of Sale number two, was acquired.
FORT JACKSON.
This reservation contains an area of about 557.6 acres, and is situ-
ated on the right bank of the Mississippi River about 73 miles below
the city of New Orleans in the Parish of Plaquemines. The title is
as follows:
Under Spanish and French occupation known as Fort Bourbon and
as a fortification passed to the United States under the cession from
France in 1803. A formal reservation for military purposes was
made by Executive Order dated February 9, 1842, and afterwards
modified by Executive Order dated October 26, 1847, so as to com-
prise all the public land lying 1,500 Castillian Varas from the most
salient parts of the extreme outworks of the port. See Records of
Circuit Court of United States at New Orleans, La., November Term,
1903, M'Caleb vs. Booth, for recognition of lower boundary as estab-
lished by survey of the Engineer Department of August 10, 1903.
For jurisdiction see Battery Bienvenue.
Revocable Licenses: License, August 16, 1887, to R. C. Wood and
James Sweeney to construct telephone line on reservation.
License, October 6, 1904, to Department of Commerce and Labor
to erect upon the reservation a square wooden beacon.
FORT LIVINGSTON.
This reservation contains an area of 126.16 acres, and is situated on
the west end of Grand Terre Island, in the Parish of Jefferson, at
the entrance or Grand Pass to Barataria Bay. The title is as follows :
Act of sale from Etienne de Gruy and wife, dated January 10,
1834, conveying the tract of 126.16 acres. Original on record in the
office of Felix De Armas, at New Orleans, January 24, 1834, as re-
quired by law. Jurisdiction was ceded to the United States by an act
of the State Legislature, approved March 10, 1834, and by the deed of
the Governor of the State dated May 14, 1834. The act provides as
follows :
"SECTION 1. Be it enacted, etc., That it shall be lawful for the
Governor of this State, and he is hereby authorized for and in behalf
of this State, by proper deed and instruments of writing under his
hand and the seal of the State, to convey, transfer, assign and make
over to the government of the United States, all the .jurisdiction
which this State possesses over the tract of land purchased by the
LOUISIANA. 135
United States for the purpose of erecting a fort thereon, situate in
the parish of Jefferson, and known by the name of Grand-terre.
" SEC. 2. And be it further enacted, etc., That after the cession
aforesaid, if the said fort shall be suffered to fall into decay, or be
rendered useless, and so continue for the period of seven years, then,
in that case, the jurisdiction over such territory hereby directed to
be vested in the United States, shall revert to this State, in like man-
ner as if this act had never been passed."
Revocable License: License, September 5, 1895, to James W. Wil-
kinson to land parties on reservation and to put up a shelter on the
southwest sea-wall of the fort as protection against sun and rain.
FORT MACOMB.
Formerly Fort Wood, and contained an area of 1,364.71 acres.
The reservation is at Pass Chef Menteur, on Lake Borgne, in the
Parish of Orleans. Assuming it to be a part of the public domain
it was reserved for military purposes by Executive Order dated Feb-
ruary 9, 1842, which included all the public land lying within 1,200
yards of the fort, measured from the most salient parts of the work.
Claims arising, based upon French grants, Executive Order dated
June 20, 1896, transferred to the Department of the Interior all that
portion of the reservation "which lies on the east side of Chef
Menteur Pass, in sec. 28, T. 11 S., R. 14 E., Southern District of
Louisiana." The area of the remainder is unknown.
For jurisdiction see Battery Bienvenue.
Revocable Licenses: License, June 30, 1893, to the Postal Tele-
graph-Cable Company to construct, maintain and use a line of tele-
graph across the reservation. Change of location authorized, Janu-
ary 30, 1905.
License, January 30, 1900, to the American Telephone and Tele-
graph Company of Louisiana to erect and maintain a line of tele-
phone and telegraph poles and the necessary fixtures with wires across
the reservation.
Lease, July 10, 1907, for five years from July 1, 1907, of reservation
to P. A. Ferguson.
FORT PIKE.
This reservation contains all the land in Sec. 19, T. 10 S., R. 15 E.,
and is situated south of Great Rigolet on the northern margin of the
Island of " Petites Coquilles," which divides Lake Borgne from Lake
Ponchartrain, about 35 miles northeast of New Orleans. The land
was reserved for military purposes by Executive Order dated Febru-
ary 9, 1842, and included the public lands within 1,200 yards of the
Fort. All the land had been patented to the State as swamp except
land described above.
For jurisdiction see Battery Bienvenue.
Revocable License: License, April 30, 1894, to the State of Louisi-
ana and the city of New Orleans to occupy a portion of the reserva-
tion for the care, treatment and confinement of contagious diseases,
and to use the made ground outside the outer west ditch of the fort
for the residence of the attending physician.
136 UNITED STATES MILITAKY RESERVATIONS, ETC.
PORT HUDSON NATIONAL CEMETERY.
This cemetery contains an area of 8 acres, and has also a right of
way to the river at Hickeys Landing. It is situated at Port Hudson,
in the Parish of East Baton Rouge. The title is as follows :
1. Act of sale from James H. Gibbons and wife, dated August IT,
1869, conveying 8 acres and the right of way from the Cemetery to
Hickeys Landing on the Mississippi River. Recorded in the Re-
corder's Office of the Parish of East Baton Rouge, in Book H, page
514, of Notarial Acts.
2. Act of sale from Joseph and W. S. Slaughter, dated December
27, 1890, conveying a strip of land 60 feet wide by 4,650 feet long
for right of way from Cemetery to Mississippi River. Recorded
in Book No. 14, page 152, of same records.
For jurisdiction see Alexandria National Cemetery, ante.
PROCTOR'S LANDING MILITARY RESERVATION.
This reservation contains an area of about 100 acres and is situated
at Proctorsville, at the foot of Lake Borgne, in the Parish of St. Ber-
nard. The title is as follows :
Act of sale from Mrs. Mary Screven et al., dated March 15, 1856.
conveying the above tract. Recorded in the Office of the Recorder
for the Parish of St. Bernard, April 4, 1856, in Book No. 6 of Con-
veyances, folios 76 to 81, inclusive.
Jurisdiction over this place was ceded to the United States by act
of the State Legislature, approved June 1, 1846 (for which see Bat-
tery Bienvenue) , and by the following act, approved March 9, 1855 :
"SECTION 1. Be it enacted, etc., That the jurisdiction and control
be ceded to the United States over such tract of land as the United
States may reserve or purchase for the site of works of fortification at
the foot of Lake Borgne; provided that the cession and jurisdiction
aforesaid are granted upon the express condition that the State of
Louisiana shall retain a concurrent jurisdiction with the United
States in and over such tract of land, so far as that all civil and such
criminal process as may issue under the authority of this Common-
wealth against any person or persons charged with crimes committed
without the said tract of land, may be executed therein in the same
way and manner as though this cession and consent had not been
made and granted, except so far as such process may affect the real
or personal property of the United States within the ceded territory.
" SEC. 2. Be it further enacted, etc., That the property of which
jurisdiction is granted by this act shall be exonerated and discharged
from all taxes and assessments which may be levied or imposed un-
der the authority of this State while the said tract of land shall re-
main the property of the United States and shall be used for fortifica-
tion purposes."
FORT ST. PHILIP.
This reservation contains 1,105.85 acres, more or less, embracing all
of Sees. 11, 12, 13, and 14, and one-half of Sec. 15, T. 19 S., R. 17 E.,
Southeast District, East of the Mississippi River, nearly opposite
Fort Jackson, in the Parish of Plaquemines. It was a fortified point
LOUISIANA. 137
under the French and Spanish occupation, passing to the United
States as such in the cession from France in 1803. Section 11 was
formally declared a reservation for military purposes by Executive
Order dated February 9, 1842. The reservation was later increased
by the following additions, aggregating 549.73 acres:
1. Decree of condemnation for 39.14 acres in Sec. 12, T. 19 S., R.
17 E., in cause 168, The United States v. Mrs. Sarah Alexis et al., in
the 29th Judicial District Court, Parish of Plaquemines. Decree
rendered April 19, 1902, and recorded July 9, 1902, in Book 36, No.
183, folio 813, of Conveyances of Parish of Plaquemines.
2. Decree of condemnation for about 40 acres in Sec. 12, T. 19 S.,
R. 17 E. in cause 206, The United States v. the Heirs of John Butler
et al., in the 29th Judicial District Court, Parish of Plaquemines.
Decree rendered January 3, 1903, and recorded January 5, 1903, in
Book 37, No. 25, folio 132, of Conveyances of Parish of Plaquemines.
3. Decree of Condemnation for 40 arpents of land in cause 257,
entitled "The United States v. John Morgan et al." in the 29th
Judicial District Court, Parish of Plaquemines. Decree rendered
May 1, 1903, and filed May 11, 1903, in Clerk's Office of said Court.
4. Decree of Condemnation for 40 arpents of land in cause 258,
entitled " The United States v. Alexander Kelly et al." in the 29th
Judicial District Court, Parish of Plaquemines. Decree rendered
May 1, 1903, and filed May 11, 1903, in Clerk's Office of said Court.
5. Decree of Condemnation for 160 acres in cause 259, entitled
" The United States v. John P. Lyons et al." in the 29th Judicial
District Court, Parish of Plaquemines. Decree rendered May 1, 1903,
and filed May 11, 1903, in Clerk's Office of said Court.
6. Decree of Condemnation for 40 arpents of land in cause 260,
entitled "The United States v. Dominique Quatrochi et al." in the
29th Judicial District Court, Parish of Plaquemines. Decree ren-
dered May 2, 1903, and filed May 11, 1903, in Clerk's Office of said
Court.
7. Decree of Condemnation for 40 arpents of land in cause 261,
entitled "The United States v. Edmond Buras et al." in the 29th
Judicial District Court, Parish of Plaquemines. Decree rendered
May 1, 1903, and filed May 11, 1903, in the Clerk's Office of said
Court.
8. Decree of Condemnation for 20 arpents of land in cause 262,
entitled " The United States v. Mrs. Marie Buras et al." in the 29th
Judicial District Court, Parish of Plaquemines. Decree rendered
May 1, 1903, and filed May 11, 1903, in Clerk's Office of said Court.
9. Decree of Condemnation for 20 arpents of land in cause 289,
entitled " The United States v. John Bernard Fasterling et al." in
the 29th Judicial District Court, Parish of Plaquemines. Decree
rendered September 17, 1903, and filed September 25, 1903, in Clerk's
Office of said Court.
10. Decree of Condemnation for 81 acres in cause 290, entitled
" The United States v. Estate of Patrick Lyons et al." in the 29th
Judicial District Court, Parish of Plaquemines. Decree rendered
September 17, 1903, and filed September 25, 1903, in Clerk's Office
of said Court.
11. Decree of Condemnation for a tract 126 feet front by 40 ar-
pents depth in cause 291, entitled "The United States v. John C.
Burton et al." in the 29th Judicial District Court, Parish of Plaque-
138 UNITED STATES MILITARY RESERVATIONS, ETC.
mines. Decree rendered September 17, 1903, and filed September 25,
1903, in Clerk's Office of said Court.
12. Decree of Condemnation for a tract 222 feet front by 40 ar-
pents depth in cause 292, entitled " The United States v. The Estate
of George O'Brien et al." in the 29th Judicial District Court, Parish
of Plaquemines. Decree rendered September 17, 1903, and filed
September 25, 1903, in Clerk's Office of said Court.
For jurisdiction see General Act of Cession.
MAINE.
GENERAL ACT OF CESSION.
"Be it enacted, etc.
" SECTION 1. That the jurisdiction of the state of Maine is hereby
ceded to the United States of America over so much land as has been
or may be hereafter acquired for the public purposes of the United
States: Provided, That the jurisdiction hereby ceded shall not vest
until the United States of America shall have acquired the title to the
lands, by grant or deed, from the owner or owners thereof, and the
evidences thereof shall have been recorded in the office where, by law,
the title to such land is required to be recorded ; and the United States
of America are to retain such jurisdiction so long as such lands shall
be used for the purposes in this section mentioned, and no longer ; and
such jurisdiction is granted upon the express condition that the state
of Maine shall retain a concurrent jurisdiction with the United States
in and over the said lands, so far as that civil process, in all cases not
affecting the real or personal property of the United States, and such
criminal or other process as shall issue, under the authority of the
state of Maine, against any person or persons charged with crimes or
misdemeanors committed within or without the limits of the said
lands, may be executed therein, in the same way and manner as if no
jurisdiction had been hereby ceded.
" SEC. 2. That all lands and the tenements which may be granted,
as aforesaid, to the United States, shall be and continue, so long as
the same shall be used for the purposes in the last section mentioned,
exonerated and discharged from all taxes, assessments, and other
charges which may be imposed under the authority of the state of
Maine." (Approved March 28, 1903. Laws of Maine, 1903, p. 146.)
AUGUSTA NATIONAL CEMETERY.
This cemetery property comprises Lots Numbered 17, 18, 19, 49, 50
and 51, in " Mount Pleasant Cemetery," in the City of Augusta, in
Kennebec County. The title is as follows:
Deed from the City of Augusta, dated December 27, 1870, con-
veying Lots 17, 18, 19, 49, 50 and 51, in the east range of " Mount
Pleasant Cemetery." Recorded in Vol. 274, page 531, of the Ken-
nebec Registry of Deeds, together writh a copy of the record of the
order of the Board of Aldermen of the city of Augusta, passed
November 26, 1870.
Jurisdiction was ceded by an act of the State Legislature approved
February 4, 1889, as follows :
"Be it enacted, etc., SECTION 1. That there be, and hereby is, ceded
to. the United States of America, the jurisdiction of lots number sev-
MAINE. 139
enteen, eighteen, nineteen, forty-nine, fifty and fifty-one, in the east
range of lots in Mount Pleasant Cemetery in the City of Augusta,
said lots containing the graves of soldiers of the United States of
America, whose names are unknown.
" SEC. 2. That this state shall have concurrent jurisdiction with the
United States of America over the lots described in the first section
of this act, so far, that all civil, criminal and military process, issued
under the authority of this state, or any officer thereof, may be exe-
cuted on any part of said lots, in the same manner as if this jurisdic-
tion had not been ceded."
FORT BALDWIN.
Name given to military reservation at Sabino Head, mouth of the
Kennebec River, by G. O. No. 20, W. D., January 25, 1906. This
reservation contains an area of about 38.13 acres of upland, ex-
clusive of right of way, and about 7 acres of flats, acquired as
follows :
1. Deed from Anson M. Oliver, et al., February 22, 1902, con-
veying 0.8T7 acre of upland; recorded in Book 100, page 448, deed
records of Sagadahoc County.
2. Deed from Nathaniel Perkins and wife, January 23, 1905, con-
veying 0.877 acre of upland; recorded in Book 108, page 169, Deed
Records of Sagadahoc County.
3. Deed from Nathaniel Perkins, et al., December 23, 1904, con-
veying about 7 acres of flats; recorded in Book 108, page 170, Deed
Records of said County.
For Jurisdiction, see General Act of Cession.
FORT EDGECOMB.
This reservation contains an area of about 3 acres, and is situated
in Edgecomb, Lincoln County. The title is as follows :
Deed from Moses Davis, dated June 13, 1808, conveying the
above by metes arid bounds. Recorded in Liber 68, folio 23, of the
deed records of Lincoln County.
For jurisdiction see General Act of Cession.
FORT FOSTER.
This reservation contains about 40 acres, with metes and bounds as
described in G. O. No. 200, W. D., October 2, 1909. It is situated on
Gerrish Island, in Kittery, in the County of York. The title is as
follows :
1. Deed from Joseph T. Wiggin, dated May 15, 1873, conveying
30 acres of the above by metes and bounds. Recorded in Book 336,
page 42, of the deed records of York County.
2. Deed from Adna B. Lane, dated May 29, 1873, conveying 10
acres and adjoining flats and right of way. Recorded in Book No.
336, page 157, of same records.
For jurisdiction see Fort Preble, where the Act of February 18,
1871, seems to cede jurisdiction. See also General Act of Cession.
FORT GORGES.
This reservation contains about 1.50 acres, and is situated on what
is called "Hog Island Ledge," in Portland Harbor, 2 miles from
140 r\iTi:i) STATES MIUTAIIY RE8EBVATIONB, BTO.
Portland, Cumberland County, h is seven-eighths of a mile north
of Fort Preble, :il)on( live-twelfths of n mile west of (Jreat lloo-
Island, mid :i1)out seven-eighths of a mile northwest of Fort
Scamrael,
Title and jurisdiction ceded to the I'nited States l>y an act of the
State Legislature, approved April IT, is;>7, as follows:
" /,', /'/ enach //, < /< .
"Si-:«Tio\ I. Jurisdiction is hereby ceded to the I'nited States over
the * Iloii' Island Lcdiz'c.' in the harbor of Portland, Maine, to include
all of said " led^e ' above or within low-water mark, and so much
thereof without low-water mark as shall be bounded by lines drawn
-even hundred yards distant from and parallel to the faces of any
'fort to be built thereon, for the purpose of carrying into ell'ect an
act of Congress, of Mareh third, eighteen hundred and lil'ty-seven,
providing for the commencement of a for I ilicat ion on ' IIoi>- Island
Li'do-e/ in Portland Harbor, Maine. Jurisdiction is also ceded to the
I'nited States over any tract or tracts of land at or near the entrance
to Kennebec River, Maine, that may be acquired by the I'nited States
for the pin-pose of carrying out an act of Congress of Mareh third,
eighteen hundred and lil'ty-seven, providing for the erection of ' i'or-
t ilicat ions at the month of the Kennebec River, Maine,' by building
and maintaining thereon forts, maii'a/ines, arsenals, dockyards,
wharves, and other structure^, with their appendages, ami over all
the contiguous shores, llats, and waters, within four hundred yards
from low-water mark; and all riu'ht, title and claim, which this State
may have to or in the said ' llo<r Island Ledp>.' in Portland Harbor,
and said tract or tracts at or near the entrance to Kennebec River,
are hereby granted to the I'nited States; />ror!d( ,/, that this State
shall retain a concurrent jurisdiction with the I'nited States in and
over all the premises aforesaid, so far as that all civil processes and
such criminal process as may issue, under the authority of this State,
against any person or persons charged, with crimes committed with-
out the premises a foresaid, may be executed therein in the same way
and manner as if jurisdiction had not been ceded as aforesaid.
"Sue. 'J. The premises over which jurisdiction is granted by this
act, and all structures and other property t hereon. shall be exonerated
and discharged from all taxes and assessments which may be laid or
imposed, under the authority of this State, while said premises shall
remain the property of the United State-, and shall be used for the
purposes intended by this act."
See also (Jeneral Act of Cession.
'hli License! 1/ieense, May 10, 1SOO, to Kmcry Waterhonsc
and Company to build, maintain and use a powder-house upon the
ledii'e or lill near the postern outside the works at Kort Gorges.
HANCOCK r.AKKACKS.
This reservation contains •_' I acres 1 rood and 1!> rods, and is situ-
ated at Iloulton. in Washington County. The title is as follows:
1. I Veil from Joseph Ilonlton, jr., da'ted July .\ 1S-JS, conveying ill
acres and .V.) rods. Recorded in 1 Ved I>ook No. 1, pap1 -JT7, of the
deed records of Washington County.
MAINE. 141
2. Deed from Joseph Houlton, jr., dated January 30, 1829, con-
veying 15.50 rods. Recorded in Deed Book No. 2, page 17, of same
records.
For jurisdiction see General Act of Cession.
KENNEBEC ARSENAL.
The site and grounds of this arsenal embrace about 39 acres and
140 square rods, also a right of way. It is situated in Augusta, on
the east side of the Kennebec River, in Kennebec County. The title
is as follows :
1. Deed from John H. Hartwell and wife, dated September 25,
1827, conveying 19 acres and 140 square rods. Recorded in Book 61,
page 172 et seq., of the deed records of Kennebec County.
2. Deed from John H. Hartwell and wife, dated August 2, 1836,
conveying 6 acres. Recorded in Book 98, page 345, of same records.
3. Deed from J. H. Hartwell and wife, dated August 2, 1836, con-
veying 14 acres. Recorded in Book 98, pages 346 and 347, of same
records.
4. Lease for 999 years from John H. Hartwell and wife, for a strip
as right of way adjoining Arsenal site. Recorded in Book 169, page
1, of same records.
The arsenal was abolished by order of the Secretary of War, May
1. 1901; and by deed, dated April 12, 1905, under Act of Congress,
approved March 3, 1905, the premises were conveyed to the State of
Maine for use of the Maine Insane Hospital, subject to possession
being resumed by the United States " whenever the President in his
discretion shall decide that the said property is needed for the uses
of the United States or that the requirements of this Act are not
strictly observed."
FORT KNOX.
This reservation contains an area of 124.50 acres, exclusive of roads,
and is situated on the west bank of the Penobscot River, opposite the
town of Bucksport, in Waldo County. The title is as follows :
1. Deed from John Pierce, dated September 4, 1843, conveying 52
acres and 135 rods. Recorded in Vol. 46, page 338, of the deed
records of Waldo County.
2. Deed from Hannah R. Harriman et al., dated September 4,
1843, conveying 4 acres. Recorded in Vol. 46, page 339, of same
records.
3. Deed from William French, dated September 25, 1843, convey-
ing 7 acres and 79 rods. Recorded in Vol. 46, page 509, of same
records.
4. Deed from Daniel H. Harriman, dated December 16, 1843, con-
veying two undivided third parts of land described therein. Re-
corded in Vol. 46, page 536, of same records.
5. Deed from William French, dated March 23, 1844, conveying 50
acres (including the 7 acres and 79 rods in Deed marked herein as
" 3 "). Recorded in Vol. 50, page 178, of same records.
6. Deed from John Lee, dated March 23, 1844, conveying a plat of
about 0.50 acre at the ferry site. Recorded in Vol. 50, page 180,
of same records.
142 UNITED STATES MILITARY RESERVATIONS, ETC.
By an act of the State Legislature, approved March 12, 1844, juris-
diction was authorized to be ceded by the Governor. The Act pro-
vides as follows :
"SECTION 1. The consent of this Legislature is hereby granted, that
the United States may purchase at the narrows of the Penobscot
River in the town of Prospect and County of Waldo, the following
lands namely: the farm of John Pierce, also another parcel of land
adjoining the same, belonging to the widow and heirs of Benjamin
Harriman, deceased; also a small parcel of land adjoining the second
parcel, being about half an acre, belonging to John Lee; also the farm
of William French, adjoining the farm of said Pierce, or of so much
of said parcels of land as the United States may be desirous of pur-
chasing.
" SEC. 2. After the United States shall have purchased the afore-
said lands, or so much thereof as they wish, and after they shall have
surveyed the same, upon application of the United States to the Gov-
ernor, for jurisdiction, describing the land purchased by metes and
bounds, the Governor, with the advice and consent of Council, shall
be and he hereby is authorized to cede jurisdiction over so much of
said lands, to the United States, as shall have been purchased by them
for the purpose of erecting fortifications and other purposes of na-
tional defense; reserving therein and thereby to the State its juris-
diction, so far as to have a right to execute within the limits of the
tract so ceded, all civil and criminal processes lawfully issued under
the authority of the State."
Deed from the Governor of the State ceding jurisdiction to the
United States, in accordance with the foregoing Act of the State Leg-
islature, was duly executed November 28, 1844, and recorded in the
Office of the Secretary of State,
See also General Act of Cession.
FORT LEVETT.
This reservation contains an area of about 125.68 acres, with metes
and bounds as given in G. p., No. 63, W. D., 1908. It is situated on
the southerly side of Cushing Island, in Portland Harbor, in the
County of Cumberland, and includes also the land which lies between
high and low water mark in front of said reservation. The title is as
follows:
1. Decree of condemnation of said property, including right of
way, all easements, etc., in a certain cause wherein the United States
was plaintiff and Francis Cushing et al. were defendants in the Dis-
trict Court of the United States for the District of Maine. Decree
rendered March 1, 1894; filed and recorded in the Clerk's Office of
said Court.
2. Deed from Francis Cushing, dated March 27, 1894, conveying
the land between high and low water mark, wharf, etc. Recorded in
the Office of the Register of Deeds for Cumberland County, in Book
No. 611, page 433.
3. Decree of condemnation for 92.28 acres in a cause entitled " The
United States r. Francis Cushing et al.," in the United States Circuit
Court for the District of Maine. Copy of final decree of Court
entered February 1, 1904, and recorded in Book 747, Page 158. of
same records.
MAINE. 143
4. Deed from Francis dishing, dated February 4, 1908, conveying
right and privilege of laying underground cables, etc., for connecting
the military and other work at Gushing Island. Recorded in Office
of Register of Deeds, Cumberland County, April 8, 1908, in Book
820, page 347.
For jurisdiction see General Act of Cession.
LONG ISLAND.
This reservation contains 9.594 acres and is situated on Long Island
in Portland Harbor. The title is as follows:
Decree of condemnation for 9.594 acres in the Circuit Court of the
United States, for the First Circuit, District of Maine, in a cause
entitled "The United States v. Jeremiah M. Johnson et al." Final
Order of Court entered February 1, 1904, and recorded in Book 747,
page 158, of the records of Cumberland County.
For jurisdiction see General Act of Cession.
FORT LYON.
This reservation contains an area of about 22 acres, and comprises
all of Cow Island, with its shores, etc., in Casco Bay, in Cumberland
county. The title is as follows :
Deed from Mary L. Deering et al., dated November 29, 1873, con-
voying Cow Island, with an area of 22 acres, the shores, etc. Re-
corded in Book 410, page 56, and plat in Plan Book 3, page 46, of the
deed records of Cumberland County.
For jurisdiction, see Fort Gorges; see, also, Fort Preble, where act
of February 18, 1871, seems to cede jurisdiction; see, also, General
Act of Cession.
FORT McCLARY.
This reservation contains an area of about 27.45 acres, and is situ-
ated in York County, on Kittery Point, a projection into the Piscat-
aqua River opposite Fort Constitution, in Portsmouth Harbor. It
is ;U miles from Portsmouth, N. H. The title, except as to the tract
of 1.87 acres granted by the State (Act of March 12, 1808, post),
is as follows:
1. Deed from Mercy Follett, dated May 22, 1846, conveying 1 acre
and 49 rods. Recorded in Book 189, page 251, of the deed records of
York County.
2. Deed from Robert G. Safford and wife, dated May 22, 1846,
conveying 10 acres and 143 rods. Recorded in Book 189, pages 251-
252, of same records.
3. Deed from Roger Deering and wife, dated May 22, 1846, convey-
ing 13 acres and 62 rods. Recorded in Book 189, pages 252-253, of
same records.
4. Deed from Isaac I. Stevens, dated October 14, 1846, conveying
1 acre and 49 rods. Recorded in Book 190, pages 264-265, of same
records.
5. Deed from Isaac I. Stevens, dated October 14, 1846, conveying
H Mores and 62 rods. Recorded in Book 190, pages 263-264, of same
records,
144 UNITED STATES MILITARY RESERVATIONS, ETC.
6. Deed from Isaac I. Stevens, dated October 14, 1846, conveying
10 acres and 143 rods. Recorded in Book 190, page 263, of same
records.
7. The Inhabitants of School District No. 12, dated June 22, 1893,
conveying, by way of exchange, a tract of land described. Recorded
in Book 458, page 527, of same records. The United States, as a
consideration, conveyed to said School District a tract of land
described in a deed executed on the 4th day of December, 1893, by
the Secretary of War, and recorded in said deed records. The said
exchange was authorized on the part of the school district at an
annual meeting held March 29, 1893, as shown by the records of said
District at Kittery Point, and was made by the Secretary of War
under and by virtue of the provisions of an Act of Congress approved
January 23, 1893.
8. Title to and jurisdiction over the original site of Fort McClary
were ceded by an Act of the General Court of Massachusetts ap-
proved March 12, 1808, as follows :
" SECTION 1. Be it enacted etc., That all the right and title of this
Commonwealth to a certain piece of land in Kittery, in the County of
York and Commonwealth aforesaid, called Battery Pasture, on which
a Fortification formerly stood; and is bounded on the North by the
Road, on the west by Frollet, on the South by the River, and on the
east by Frollet, and contains one acre and one hundred and thirty-
nine rods, as will appear by a report made to the Hon. David Sewall,
Esq., Agent for this Commonwealth, by Benjamin Parker, Surveyor,
about the year Seventeen hundred and ninety-eight, be and hereby
is granted and ceded to the United States, for the sole purpose of
erecting Fortifications for the defence of the United States.
" SEC. 2. Be it further enacted, That the cession aforesaid is granted
upon the express conditon that this Commonwealth shall retain a con-
current jurisdiction with the United States in and over the tract of
land aforesaid, so far as that all civil and such criminal processes as
may issue under the authority of this Commonwealth against any per-
son or persons charged with crimes committed without the said tract
of land may be executed therein, in the same way and manner as
though this cession had not been made."
Jurisdiction over the additions to the original site was ceded by
the following act of the State Legislature of Maine, approved June
31, 1846 :%
" Be it enacted, etc.,
" SECTION 1. The consent of this state is hereby granted to the
United States to purchase an additional tract of land, not exceeding
in quantity thirty acres, lying adjacent to the present site of Fort
McClary, in Kittery, county of York, for military purposes; the evi-
dence of the purchase aforesaid to be entered and recorded in the
Registry of Deeds, in the county of York, and State of Maine; and
the jurisdiction over the said tract of land, is hereby granted and
ceded to the United States; provided always, and the cession and
consent aforesaid are granted upon the express condition that this
State shall retain a concurrent jurisdiction with the United States in
and over the tract aforesaid, so far that all civil and such criminal
processes as may issue under the authority of this State against any
person or persons charged with crimes committed without the said
MAINE. 145
tract may be executed therein in the same way and manner as though
this cession and consent had not been made and granted.
" SEC. 2. The property over which jurisdiction is granted by this
act, shall be exonerated and discharged from all taxes and assess-
ments, which may be laid or imposed under the authority of this
state while the said tract shall remain the property of the United
States, and shall be used for the purposes intended by this act."
See also General Act of Cession.
Easement: Act of Congress, approved June 18, 1888, granted to
the York Harbor and Beach Railroad Company a right of way four
rods in width across the reservation.
Revocable licenses: License, May 8, 1897, to the Portsmouth, Kit-
tery and York Street Railway Company to construct and maintain
an electric street railway over the roadway through the reservation.
License, August 21, 1907, to the Kittery Water District to lay and
maintain its water pipes or mains in- the present road through the
reservation.
License, August 22, 1907, to the New England Telephone and
Telegraph Company to construct a telephone line on poles along the
North side of the road through the reservation.
Revocable lease: Revocable lease, dated October 19, 1907, to
Horace Mitchell, of Kittery Point, Maine, of the reservation, for a
term of five years from November 1, 1907, and subject to the licenses
and easement specified above.
FORT McKINLEY.
This reservation is situate on Great Diamond Island (formerly
known as Great Hog Island), Portland Harbor, and contains about
111 acres. The title is as follows :
1. Deed from Mary L. Deering, et al., dated November 29, 1873,
conveying 70 acres, shores, right of way, etc. Recorded in Book 410,
page 53, and plat in Plan Book 3, page 46, of the Registry of deeds
in Cumberland County.
2. Quit-Claim Deed from Alice P. Anderson, dated November 29,
1873, conveying all above- described lands on Great Hog Island.
3. Decree or condemnation, The United States v. The Diamond
Island Association, et al., in the Circuit Court of the United States,
District of Maine. Rendered June 18, 1901, and filed in Clerk's
Office of said Court.
For jurisdiction see Fort Gorges. See also Fort Preble, where Act
of February 18, 1871, seems to cede jurisdiction. See also General
Act of Cession.
Revocable license. March 9, 190G, to E. F. Morgan Company to
construct, operate and maintain a laundry.
FORT MACHIAS.
This reservation contains about 2 acres, and is situated on the
Machias River, at Machiasport, in Washington County. The title is
as follows:
1. Deed from William Sanborn and wife, dated November 16,
1809, conveying 84.75 rods. Recorded in Book No. 6, page 80, of the
deed records of Washington County.
16809—10 10
146 UNITED STATES MILITAKY RESERVATIONS, ETC.
2. Deed from Benjamin Berry and wife, dated November 16, 1809,
conveying 224 rods and 10 links. Recorded in Book No. 6, page 88,
of same records.
For jurisdiction see General Act of Cession.
Lease to D. W. Kuhn for five years from November 15, 1909.
FORT MADISON.
This reservation contains an area of 3.00 acres, and is situated at
Castine, on the Bay of that name, in Hancock County. The title is
as follows :
Deed from Joseph Perkins and wife to James Madison, President,
etc., his successors, etc., dated April 1, 1809. Recorded in Book No.
27, page 105, of the deed records of Hancock County.
License by Act of Congress, approved July 30, 1894 (28 Stat. L.
159), to town of Castine, Maine, to improve, occupy, and control this
reservation for purposes of a public park, the right being reserved
to the United States to resume possession at any time. Plans of im-
provement approved by the Secretary of War Oct. 11, 1894.
For jurisdiction see General Act of Cession.
MILITIA TARGET RANGE.
This range is situated in the city of Auburn, County of Andros-
coggin, and comprises a tract of 60 acres. The title is as follows :
Deed from John F. Moody, unmarried, dated June 22, 1908, con-
veying the above premises. Recorded in Book 225, page 600, of the
Deed Records of Androscoggin County.
NARROWS ISLAND.
This reservation contains an area of 2.75 acres, and is situated on
Narrows Island, in Damariscotta River, Boothbay, in Lincoln County.
The title is as follows:
Deed from John A. Kennedy, dated August 6, 1808, conveying 2.75
acres. Recorded in Liber 67, folio 33, of the deed records of Lincoln
County.
For jurisdiction see General Act of Cession.
Lease : Revocable lease, dated October 3, 1904 ; of this property, for
five years from October 8, 1904, to E. P. Gamage.
FORT POPHAM.
This reservation contains an area of 6f acres (3^ of which are flats)
and is situated on Hunnewells Point, in the town of Phipsburg, west
bank of the Kennebec River, near its mouth, and about 10 miles below
the city of Bath, in the County of Sagadahoc. The title is as follows :
1. Deed from Joshua Sharr, dated June 21, 1808, conveying 2
acres. Recorded in Liber 70, folio 6, of the deed records of Lincoln
County.
2. Deed from Nathaniel Perkins et al., dated June 22, 1863, convey-
ing weir privileges, etc. Recorded in Vol. 22, pages 71 to 74, in-
clusive, of the deed records of Sagadahoc County.
3. Deed from Thomas Spinney et al., dated June 22, 1863, convey-
ing flats, beach, fishing privileges, etc. Recorded in Vol. 22, pages
68 to 71, inclusive, of same records.
MAINE. 147
4. Deed from Charles A. Clark and wife, dated June 1, 1863, con-
veying all the lands and flats owned by the grantor on Hunnewell's
Point, etc. Kecorded in Vol. 22, pages 78 to 82, inclusive, of same
records.
5. Condemnation proceedings involving the lands, etc., in forego-
ing deeds marked Nos. 2, 3 and 4. Decree, entered of record in the
Office of the County Commissioners of Sagadahoc County, June 4,
1862.
Jurisdiction over this fort was ceded to the United States by the
act of the State Legislature approved April 17, 1857, (for which see
Fort Gorges,) and by the following act, approved January 9, 1862 :
" Be it enacted, etc.,
" SECTION 1. The United States may hold forever for the erection
and maintaining of a fort thereupon, certain territory situated at
Hunnewell's point, at the mouth of the Kennebec river, in the town
of Phipsburg, within the county of Sagadahoc, included within the
following boundaries, to wit : Beginning at the limits of the land of
the United States on Adkins bay at low water; thence running by
low water westerly to a point fourteen rods west of the old wharf;
thence south thirty-one degrees east, three hundred and fourteen feet
to a point abreast of, and seven rods from, the first ledge of rocks;
thence southerly six degrees east, to high water mark, on land owned
by George Irvin ; thence by high water mark to Larcy's rock ; thence
easterly by said rock to low water mark; thence by low water mark
to land owned by the United States ; thence by said land to the place
of beginning, and containing five and a quarter acres, with all the
buildings, structures, and improvements of every kind situated there-
on; reserving such jurisdiction as the state has in other places within
the same, ceded to, or held by the United States for similar purposes ;
Provided, That the United States shall pay to the owners of said
estate such compensation as shall be ascertained in the manner pre-
scribed by this act as hereinafter provided."
See also General Act of Cession.
Revocable Licenses: License, September 22, 1882, to the Treasury
Department to use a portion of the reservation for life-saving pur-
poses.
License, December 13, 1902, to the Treasury Department to build
a fog-bell house and a foot bridge and walk leading to it.
FORT PREBLE.
This reservation contains an area of about 30.177 acres with metes
and bounds as published in G. O. No. 194, W. D. Sept. 16, 1907. It is
situated on the east side of Portland Harbor at Spring Point, 2 miles
from the City of Portland in Cumberland County. The title is as
follows :
1. Deed from Ebenezer Thrasher and wife, dated February 29,
1808, conveying 5 acres. Recorded in Liber 53, folio 533, etc., of the
deed records of Cumberland County.
2. Deed from Robert Thrasher et al., dated April 16, 1833, con-
veying two-thirds interest in 2 acres. Recorded in Book 132, page
642, of same records.
148 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Deed from John D. Buzzell, Guardian, etc., dated May 9, 1833,
conveying one-third interest in 2 acres. Recorded in Book 133, pages
191-192, of same records.
4. Deed from Horace M. Day and wife, et al., dated April 8, 1871,
conveying the tract therein described. Recorded in Book 384, page
420, of same records.
5. Deed from James B. Thornton, dated April 11, 1871, conveying
by way of release all interest in land described in Deed marked " 4.
Recorded in Book 382, page 267, of same records.
6. Deed from Lucretia T. Adams and John Adams, dated April
14, 1871, conveying lots 20 to 31, inclusive, and other tracts of the
estate of Ebenezer Thrasher, deceased. Recorded in Book 383, page
530, and their Power of Attorney, recorded in Book 384, page 402, of
same records.
7. Deed from Sarah J. T. Libby, dated April 14, 1871, conveying
certain land near Fort Preble. Recorded in Book 383, page 534, of
same records.
8. Deed from Reuben S. Smart and wife, dated April 14, 1871,
conveying land near Fort Preble. Recorded in Book 383, page 531,
of same records.
9. Deed from Henry S. Thrasher and wife, dated April 14, 1871,
conveying land near Fort Preble. Recorded in Book 383, page 535,
of same records.
10. Deed from Lydia B. Thrasher, dated April 14, 1871, conveying
all her interest in certain land as the widow of Ebenezer Thrasher,
deceased. Recorded in Book 383, page 532, of same records.
11. Deed from Edward M. Tucker, dated April 14, 1871, conveying
Lots 1 and 2 of Estate of Ebenezer Thrasher, deceased. Recorded
in Book 383, page 533, of same records.
12. Deed from Deborah Fisher and G. S. Fisher, dated May 12,
1871, conveying Lots 16, 17, 18, 19, 32, 33, 34, 35, 36, 37, and 38 of
the estate of Ebenezer Thrasher, deceased ; also all his interest, etc.,
in Lots 5 and 6 of said estate and other property described. Re-
corded in Book 387, page 148, of same records.
13. Deed from Deborah Fisher and husband, dated November 21,
1871, conveying Lot 15 of the estate of Ebenezer Thrasher, deceased.
Recorded in Book 389, page 309, of same records.
14. Deed from Paulina T. Grant and husband, dated October 27,
1874, conveying 9,024 square feet of land, etc. Recorded in Book
411, page 496, of same records.
15. Deed from George W. Libby, dated December 29, 1874, con-
veying 3,300 square feet of land. Recorded in Book 414, page 219,
of same records.
16. Deed from Paulina T. Grant and husband, dated February 3,
1875, conveyance to correct descriptions in former deeds. Recorded
in Book 416, page 557, of same records.
17. Deed from Bridget Brown and husband, dated February 16,
1875, conveying 3,000 square feet of land. Recorded in Book 414,
page 274, of same records.
18. Deed from Lewis Piper, dated February 16, 1875, conveying
(by release) the land conveyed by Bridget Brown to the United
States. Recorded in Book 408, page 413, of same records.
MAINE. 149
19. Deed from Paulina T. Grant and husband, dated May 30, 1876,
conveying 16,400 square feet of land. Recorded in Book 431, page
183, of same records.
20. Deed from Reuben S. Smart and wife, dated June 28, 1876,
conveying 27,437 square feet of land and a certain right of way.
Recorded in Book 434, page 98, of same records.
21. Deed from Joseph M. York and wife, dated June 28, 1876, con-
veying 7,060 square feet of land, etc. Recorded in Book 429, page
524, of same records.
22. Deed from Leander S. Arey et al., dated September 18, 1896,
conveying 48 square rods. Recorded in Book 644, page 37, of same
records.
23. Deed from William W. Goold, dated September 18, 1896, con-
veying a tract of land in South Portland formerly Cape Elizabeth,
therein described. Recorded in Book 644, page 38, of same records.
24. Deed from William Goddard et al., dated September 18, 1896,
conveying as heirs at law of Hannah Goddard, deceased, their inter-
est in lands near Fort Preble. Recorded in Book 644, page 80, of
same records.
25. Deed from George W. Libby, dated September 19, 1896, convey-
ing 3,685 square feet of land. Recorded in Book 644, page 40, of same
records.
26. Deed from Catherine Green, dated September 19, 1896, con-
veying 10,635 square feet of land. Recorded in Book 644, page 39,
of same records.
27. Deed from Charles W. Bray, dated March 23, 1900, conveying
certain land therein described. Recorded in Book 688, page 250, of
same records.
28. Deed from Adelaide M. Bray, dated March 24, 1900, convey-
ing certain land therein described. Recorded in Book 688, page 249,
of same records.
29. Deed from Adelaide M. Bray, dated October 2, 1901, convey-
ing about 62,616 square feet. Recorded in Book 709, page 271, of
same records.
30. Deed from Charles W. Bray, dated October 2, 1901, conveying
15,927 square feet. Recorded in Book 709, page 270, of same records.
Jurisdiction ceded by an Act of the General Court of the State of
Massachusetts, passed March 12, 1808, for which see Fort Scammel,
and see also an act of the State Legislature of Maine, approved Feb-
ruary 18, 1871, which provides as follows :
" SECTION 1. In accordance wTith the constitution of the United
States, article one, section eight, clause seventeen, and acts of congress
in such cases provided, the consent of the legislature is given to the
purchase by the government of the United States, or under its author-
ity, of any tract of land, from any individuals or bodies politic or
corporate, within the state, for the erection of light-houses and other
needful public buildings; and all deeds and conveyances or title-
papers for the same, shall be recorded upon the land records of the
county in which the land so conveyed may lie; and in like manner
may be recorded, a sufficient description, by metes and bounds, courses
and distances, of any tracts and legal divisions, of any public land
belonging to the United States, set apart by the general government
150 UNITED STATES MILITARY RESERVATIONS, ETC.
for either of the purposes before mentioned, by an order, patent, or
other official paper, so describing such land.
" SEC. 2. Lands so selected, with the tenements and appurtenances
for the purposes before mentioned, are exempt from taxation by the
State."
See also General Act of Cession.
ST. GEORGES.
This reservation contains 2 acres 2 roods and 20 rods. It is known
as " Robinsons Point," and is situated on the eastern side of St.
Georges River, in the town of St. George, in Knox County (formerly
in Lincoln County). The title is as follows:
Deed from Joseph Robinson, dated September 22, 1808, conveying
the above site. Recorded in Liber 64, folio 126, of the deed records
of Lincoln County.
For jurisdiction see General Act of Cession.
Lease, June 5, 1908, for five years from June 15, 1908, of entire
reservation to Joseph E. Moore.
FORT SCAMMEL.
This reservation contains an area of 12 acres, and is situated on the
Southwestern part of House Island, near the entrance to Portland
Harbor, in Cumberland County. The title is as follows :
Deed from John Green Walden and wife, dated February 29, 1808,
conveying the 12 acres of land. Recorded in Liber 53, folio 531, etc.,
of the deed records of Cumberland County.
This territory being at the date of the above deed a part of the
Commonwealth of Massachusetts, jurisdiction was ceded by an act of
the General Court of that Commonwealth approved March 12, 1808,
as follows:
" SECTION 1. Be it enacted, etc., That there be and hereby is ceded
to the United States of America the jurisdiction of the southwest end
of House Island, near the entrance of Portland Harbor, the northeast
boundary of which land, is a line commencing at a large brown rock
six rods from high-water mark; thence south thirty-seven degrees
east, five rods across the narrow part of said Island, also five acres
of land situate on the extreme end of spring point, opposite said
House Island, for the purpose of erecting Batteries, and other works
for the defence of Portland harbor, which lands shall be laid out, at
or before the time of erecting of such public works and a description
thereof in writing entered in the registry of deeds in the County of
Cumberland.
" SEC. 2. That this Commonwealth shall have concurrent jurisdic-
tion with the United States, in and over the said lands, so far as that
all civil and criminal processes, issued under the authority of this
Commonwealth or any officer thereof, may be executed on any part of
said granted premises, or in any building thereon to be erected, in
the same way and manner, as if the jurisdiction had not been granted
as aforesaid."
See also Fort Gorges and General Act of Cession.
MAINE. 151
Revocable License: License, September 22, 1892, to the Board of
Health, Portland, Maine, to use part of the reservation for quarantine
purposes.
SUGAR LOAF ISLAND (NORTH AND SOUTH.)
At entrance to Kennebec River. Title and jurisdiction ceded to
the United States for fortification purposes, as authorized by Act of
Congress of March 3, 1857, by Act of the State Legislature, approved
April 17, 1857. See page 140, ante.
FORT WILLIAMS.
This reservation and the premises occupied for light-house pur-
poses contain an area of about 75.72 acres, with metes and bounds
as published in G. O. No. 55, W. D., April 13, 1908. It is situated
at Portland Head, in the Town of Cape Elizabeth, Cumberland
County. The title is as follows:
1. Deed from Asa T. Webster and wife, dated January 19, 1872,
conveying 14 acres. Recorded in Book 388, page 567, of the deed
records of Cumberland County.
2. Deed from George C. Thompson and wife, dated October 14,
1873, conveying tract conveyed to him by the Sheriff, etc. Recorded
in Book 407, page 189, of same records.
3. Deed from William L. Pennell, Sheriff, etc. (in Condemnation
proceedings), dated October 14, 1873, conveying 9 acres. Recorded
in Book 406, page 181, of same records; and the following deed for
the same tract:
4. Deed from Benjamin B. Dyer and wife, dated November 26,
1873, conveying 9 acres. Recorded in Book 407, page 190, of same
records.
5. Deed from William L. Pennell, Sheriff, etc. (in Condemnation
proceedings), dated October 14, 1873, conveying 13 acres. Recorded
in Book 406, page 177, of same records.
6. Deed from Green Walden and wife, dated November 10, 1873,
conveying 0.50 acre. Recorded in Book 407, page 140, of same
records.
7. Deed from Joseph D. Symonds, dated March 1, 1900, conveying
9 acres more or less, with certain rights and privileges. Recorded in
Book 687, page 390, of same records.
8. Deed from Georgiana Thompson et al., dated April 9, 1900,
conveying 12.50 acres with the buildings thereon. Recorded in Book
688, page 239, of same records.
9. Decree of United States District Court, February 12, 1903, vest-
ing title in United States to 17.72 acres, property of Arabella Dyer;
recorded in Book 730, page 16, of same records.
For jurisdiction see General Act of Cession, Fort Gorges and Fort
Preble.
Revocable Licenses: License, September — , 1900, to the Selectmen
of the town of Cape Elizabeth to straighten, widen and maintain the
road along the west side of the reservation.
License, March 8, 1906, to New England Telephone and Telegraph
Company for telephone line.
152 UNITED STATES MILITARY RESERVATIONS, ETC.
MARYLAND.
GENERAL ACTS OF CESSION.
" IT. Jurisdiction is hereby ceded to the United States over such
lands as shall be condemned as aforesaid for their use for public
purposes, as soon as the same shall be condemned, under the sanction
of the general assembly of this State hereinbefore given to said con-
demnation; provided, always, that this State shall retain concurrent
jurisdiction with the United States in and over all lands condemned
under the provisions of this article, so far as that all processes, civil
and criminal, issuing under the authority of this State, or any of the
courts or judicial officers thereof, may be executed on the premises so
condemned, and in any building erected or to be erected thereon, in
the same way and manner as if this article had not been passed ; and
exclusive jurisdiction shall revert to and revest in the State, when-
ever the said premises shall cease to be owned by the United States
and used for some of the purposes mentioned in this article.
" 18. All the lands that may be condemned under the provisions of
this article, and the buildings and improvements erected or to be
erected thereon, and the personal property of the United States, and
of the officers thereof, when upon said land, shall be exonerated and
exempted from taxation for State and county purposes, so long as the
said land shall continue to be owned by the United States and used
for any of the purposes specified in this article and no longer." (Ap-
proved April 11, 1874. Public General Laws of Maryland, 1904, Vol.
II, p. 2084, sees. 17 and 18.)
" 19. The consent of the State is given to the purchase by the gov-
ernment of the United States, or under the authority of the same,
from any individual or individuals, bodies politic or corporate, of
any tract, piece or parcel of land within the boundaries or limits of
the State for the purpose of erecting thereon forts, magazines, arse-
nals, coast defences or other fortifications of the United States, or
for the purpose of erecting thereon barracks, quarters and other
needful buildings for the use of garrisons required to man such forts,
magazines, arsenals, coast defences or fortifications ; and all deeds and
title papers for the same shall be recorded as in other cases upon the
land records of the county in which the land so conveyed may be ; the
consent herein given being in accordance with the seventeenth clause
of the eighth section of the first article of the constitution of the
United States and with the acts of Congress in such cases made and
provided." (Approved March 13, 1900, idem, sec. 19. Section 20
provides for condemnation of the lands required, in case of inability
to agree with the owners for their purchase ; and section 21 provides
that " the provisions of sections 17 and 18 of this article (ante) shall
apply to all property or lands purchased or acquired by the United
States under the provisions of sections 19 and 20 of this article.")
" 26. The jurisdiction of the State of Maryland is hereby ceded to
the United States of America over so much land as has been or may
be hereafter acquired for public purposes of the United States; pro-
vided, that the jurisdiction hereby ceded shall not vest until the
United States of America shall have acquired the title to the lands,
by grant or deed, from the owner or owners thereof, and evidences
thereof shall have been recorded in the office where, by law, the title
MARYLAND. 153
to said land is required to be recorded; and the United States of
America are to retain such jurisdiction so long as such lands shall be
[used] for the purposes in this section mentioned, and no longer;
and such jurisdiction is granted upon the express condition that the
State of Maryland shall retain a concurrent jurisdiction with the
United States in and over the said [lands so far as that civil process
in all cases not affecting the] real or personal property of the United
States, and such criminal or other process as shall issue under the
authority of the State of Maryland against any person or persons
charged with crimes or misdemeanors committed within or without
the limits of said lands may be executed therein, in the same way and
manner as if no jurisdiction had been hereby ceded. All lands and
tenements which may be granted as aforesaid to the United States
shall be and continue so long as the same shall be used for the pur-
poses in this section mentioned, exonerated and discharged from all
taxes, assessments and other charges which mav be imposed under
the authority of the State of Maryland; provided, however, that
nothing in this section shall apply to Charles county." (Acts ap-
proved April 8, 1902, and April 7, 1904, idem, sec. 26. The portions
in brackets are found in Act of April 8, 1902, but are omitted from
Act of April 7, 1904, and from the Public General Laws of 1904.)
ANNAPOLIS NATIONAL CEMETERY.
This reservation contains an area of 4-J acres, and is situated at
Annapolis, in Anne Arundel County. The title is as follows :
Deed from Nicholas Brewer, Executor, etc., dated February 28,
1871, conveying 4-J acres. Recorded in Liber S. H. No. 5, folios 583,
etc., of the land records of Anne Arundel County.
Jurisdiction was ceded to the United States by the following act of
the State Legislature, approved April 1, 1872:
" SECTION 1. Be it enacted, etc., That jurisdiction and control over
the lands conveyed by Nicholas Brewer, executor of Nicholas Brewer,
deceased, to the United States of America, as a National Cemetery,
by deed bearing date twenty-eighth day of July, eighteen hundred
and seventy-one, duly executed, acknowledged and recorded in Liber
S. H., number five, folio five hundred and eighty-three, one of the
land record books of Anne Arundel county, be and the same are
hereby granted and ceded to the said United States of America,
which said lands are a part of the lands called ' Todd's Range,' lying
and being in Anne Arundel county * * : Provided, always,
That this cession and jurisdiction are granted upon the express con-
dition that this Commonwealth shall retain a concurrent jurisdiction
with the United States, in and on the said ceded lands, so far as,
that all civil, and such criminal process as may issue under the au-
thority of this State against any person or persons charged with
crimes committed without the limits of said National Cemetery, and
in the State of Maryland, may be executed therein in the same way
and manner as though this cession and consent had never been made
and granted, except so far as such process may affect the real and
personal property of the United States, within the limits of the said
National Cemetery.
" SEC. 2. And ~be it enacted, That the lands conveyed as aforesaid,
and over which the jurisdiction is granted by this Act, together with
154 UNITED STATES MILITARY RESERVATIONS, ETC.
all personal property which may hereafter be within the bounds
thereof belonging to the United States, or to any of the officers or
agents of the United States, shall be exonerated and discharged from
all taxes and assessments which may be at any time imposed by the
authority of this State, so long as the said lands are and shall remain
the property of the United States, and be used for the purposes
aforesaid."
ANTIETAM BATTLEFIELD.
This reservation contains an area of about 40 acres, and is situated
in Washington County, Md., the lands being acquired under Acts of
Congress approved August 5, 1892, March 2, 1895, and June 11, 1896,
respectively, for the purpose of marking the lines of battle upon the
Battlefield of Antietam. The title is as follows :
1. Deed from Samuel D. Piper and wife, dated April 10, 1895, con-
veying 3 acres and 21 perches of land. Recorded in Liber No. 103,
folio 603, etc., of the land records of Washington County.
2. Deed from William Roulette and wife, dated April 10, 1895,
conveying 63 square perches of land, etc. Recorded in Liber No.
103, folio 605, etc., of same records.
3. Deed from Caleb Michael and wife, dated April 10, 1895, con-
veying 1 Acre and 3 Roods of land, etc. Recorded in Liber No. 103,
folio 609, of same records.
4. Deed from Jacob B. Stine and wife, dated April 10, 1895, con-
veying 47 square perches of land, etc. Recorded in Liber No. 103,
folio 603, etc., of same records.
5. Deed from Michael Tenant et al., dated April 10, 1895, convey-
ing 91 square perches of land, etc. Recorded in Liber No. 104, folio
56, etc., of same records.
6. Deed from Urias Gross et al., dated April 10, 1895, conveying
158 square perches of land, etc. Recorded in Liber No. 104, folios
57, etc., of same records.
7. Deed from Resin D. Fisher and wife, dated April 11, 1895, con-
veying 3 Roods and 1 square perch of land, etc. Recorded in Liber
No. 103, folios 608, etc., of same records.
8. Deed from Abraham Hoifmaster et al., dated Aj>ril 11, 1895,
conveying 32J square perches of land, etc. Recorded in Liber No.
103, folio 602, of same records.
9. Deed from Anna Newcomer, dated April 15, 1895, conveying 1
Acre, 2 Roods, and 8 perches of land, etc. Recorded in Liber 103,
folio 604, etc., of same records.
10. Deed from George H. Poffenberger et al., dated April 17, 1895,
conveying 2 Acres, 1 Rood, and 9 square perches of land, etc. Re-
corded in Liber No. 104, folio 54, etc., of same records.
11. Deed from Otho J. Poffenberger and wife, dated April 25,
1895, conveying 2 Acres, 2 Roods, and 1 square perch of land, etc.
"Recorded in Liber No. 103, folio 606, etc., of same records.
12. Deed from Euromus H. Hoffman, dated April 26, 1895, con-
veying 1 Acre and 3J square perches of land, etc. Recorded in Liber
No. 103, folio 608, of same records.
13. Deed from Cyrus Hicks Remsburg and wife, dated May 10,
1895, conveying 47 square perches of land, etc. Recorded in Liber
No. 104, folio 54, of same records.
MARYLAND. 155
14. Deed from John Buehler et al., dated June 10, 1895, conveying
2 Roods and 20 square perches of land, etc. Recorded in Liber No.
103, folio 606, etc., of same records.
15. Deed from Caleb Michael and wife, dated June 28, 1895, con-
veying 14J square perches of land. Recorded in Liber No. 104, folio
55, etc., of same records.
16. Deed from Euromus H. Hoffman, dated July 2, 1896, convey-
ing 4 Acres and 37 perches of land. Recorded in Liber G. B. O.,
No. 105, folio 224, of same records.
17. Deed from Hezekiah H. Thomas et al., dated July 2, 1896,
conveying 106 square perches of land. Recorded in Liber G. B. O.,
No. 105, folio 366, etc., of same records.
18. Deed from Alexander W. Davis, dated July 8, 1896, conveying
56J square perches of land. Recorded in Liber No. 105, folio 367,
etc., of same records.
19. Deed from Charles Currie and wife, dated November 22, 1895,
conveying 13 perches of land, etc. Recorded in Liber No. 104, folio
566, etc., of same records.
20. Deed from Hannah Nicodemus et al., dated December 23, 1896,
conveying 12 square perches of land. Recorded in Liber No. 106,
folios 40 and 41, of same records.
21. Deed from Rush C. Hawkins, Trustee, etc., dated May 17, 1897,
conveying 3,600 square feet of land. Recorded in Liber No. 106,
folio 562, etc., of same records.
22. Deed from Frank W. Cheney and wife, for themselves, and
Frank W. Cheney as trustee, etc., dated September 17, 1897, convey-
ing 10 acres of land and the monument thereon. Recorded in Liber
107, folio 266, etc., of same records.
23. Deed from Francis A. Cummings as Trustee, etc., dated Janu-
ary 18, 1898, conveying 49.50 square perches. Recorded in Liber No.
107, folio 655, of same records.
24. Deed from Orlando B. Wilcox et al., as Trustees, etc., dated
September 14, 1898, conveying a tract forty feet square and a monu-
ment thereon. Recorded in Liber D. H. H. No. 3, folio 316, etc., of
the land records of Frederick County.
25. Deed from the Commonwealth of Massachusetts, dated Novem-
ber 15, 1899, conveying 23 square perches and the monument thereon.
Recorded in Liber G. B. O. No. 112, folio 50, etc., of the land records
of Washington County.
26. Deed from George H. Poffenberger and wife, dated April 8,
1902, conveying 3,600 square feet. Recorded in Liber G. B. O. No.
116, folio 96, of same records.
27. Deed from Ann C. Wyand, dated October 15, 1902, conveying
400 square feet. Recorded in Liber No. 118, folio 16, of same records.
28. Deed from Jacob B. Stine, dated October 15, 1902, conveying
498 square feet. Recorded in Liber No. 118, folio 16, of same records.
29. Deed from John Benner and wife, dated October 18, 1902, con-
veying 900 square feet. Recorded in Liber No. 118, folio 14, of same
records.
30. Deed from the Governor of Connecticut, dated February 18,
1903, conveying 400 square feet. Recorded in Liber 118, folio 8, etc.,
of same records.
156 UNITED STATES MILITARY RESERVATIONS, ETC.
31. Deed from Resin D. Fisher and wife, dated March 9, 1903,
conveying 1,290 square feet. Recorded in Liber 118, folio 15, of same
records.
32. Deed from Hannah Nicodemus, dated June 26, 1903, conveying
225 square feet. Recorded in Liber S. B. O., No. 118, folio 493, of
same records. Accepted by the Secretary of War, May 5, 1904.
33. Deed from William H. Reynolds and wife, dated June 20, 1904,
conveying 625 square feet. Recorded in Liber — , No. 126, folio 146,
of same records. Accepted September 26, 1904.
34. Deed from Anna Newcomer, dated July 8, 1904, conveying 600
square feet. Recorded in Liber G. B. O. No. 120, folio 226, of same
records. Accepted September 26, 1904.
35. Deed from Jacob B. Stine, dated September 22, 1904, convey-
ing 1,375 square feet. Recorded in Liber — , No. 120, folio 432, of
same records. Accepted November 29, 1904.
36. Deed from George Alfred Townsend, dated September 22, 1904,
conveying a triangular tract of land at Crampton Gap, South Moun-
tain, Maryland, upon which has been erected a monument to the First
New Jersey Brigade. Recorded in Liber S. T. H., No. 267, folio 367,
of the Land Records of Frederick County, Maryland. Accepted
March 10, 1905.
37. Deed from John Luther Nicodemus and wife, dated October 9,
1905, conveying 900 square feet. Recorded in Liber G. B. O. No. 122,
folio 534, etc., of the Land Records of Washington County.
38. Deed from the State of Vermont, dated November 7, 1905, con-
veying about 400 square feet (being the same premises conveyed to
the State of Vermont by Emory E. Thomas, by deed dated April 13,
1901, and recorded in Liber G. B. O. No. 114, folio 23, Land Records
of Washington County). Recorded in Liber 123, folio 98, Land
Records of Washington County, Maryland.
39. Deed from the State of Vermont, dated November 7, 1905, con-
veying about 66 square feet of land (being the same premises con-
veyed to the State of Vermont by Rezin Fisher and wife, by deed
dated May 24, 1897, and recorded in Liber 107, folio 189, Land
Records of Washington County). Recorded in Liber 123, folio 97,
of same records.
40. Deed from John Benner and wife, dated December 22, 1906,
conveying right of way for roadway. Recorded in Liber 125, folio
212, Land Records of Washington County.
41. Deed from Otho J. Poffenberger and wife, dated October 21,
1907, conveying tract of land. Recorded in Liber 127, folio 107, Land
Records of Washington County.
Consent to purchase was given and jurisdiction ceded by an Act of
the State Legislature approved April 7, 1892, providing, inter alia,
as follows:
Section 1. Be it enacted by the General Assembly of Maryland,
That the consent of the said State is hereby given to the acquisition
by the United States, of such tracts of land in the neighborhood of
the battle fields of Antietam and Monocacy in the State of Maryland
as may be selected by the Secretary of War or such officer as he may
designate for the purpose of erecting monuments or tablets for the
proper marking of the positions of each of the several commands of
the army of the United States engaged in the battles of Antietam and
MAKYLAND. 157
Monocacy, for opening and constructing roads and avenues in con-
nection with the positions occupied by the Federal or Confederate
forces engaged in said battles, for preservation of the grounds covered
by said battle fields for historical and other purposes, and for making
such other improvements in connection with said battle fields as the
government of the United States may from time to time deem proper.
For the purposes aforesaid the United States shall have, hold, use,
occupy and own said lands when purchased or acquired and exercise
jurisdiction and control over the same and every part thereof subject
to the restrictions hereinafter mentioned.
Sec. 2. The jurisdiction of the State of Maryland in and over the
said lands when acquired by the United States shall be and the same
is hereby ceded to the United States and shall continue so long as
the said lands shall remain the property of the United States and no
longer; and the same shall be and continue exonerated from all
taxes, assessments, and other charges which may be levied under the
authority of this State; provided however, that the State of Mary-
land shall and hereby does retain concurrent jurisdiction with the
United States in and over said lands so far as that all civil process
in all cases and such criminal or other process as may issue under the
authority of the State of Maryland against any person or persons
charged with crimes or misdemeanors committed within said State,
including said lands, may be executed therein in the same manner
as if consent to the acquisition had not been given or jurisdiction
ceded except so far as such process may affect the personal or real
property of the United States.
ANTIETAM NATIONAL CEMETERY.
This Cemetery contains an area of 11 acres, and is situated at
Sharpsburg, in Washington County. The title is as follows :
1. The State of Maryland to the United States by an Act of the
State Legislature, approved March 13, 1878, conveying all right, title,
and interest of the State and as Trustee for other States. (See act
appended hereto.)
2. The State of New York consenting to the transfer by Maryland
by an Act of the State Legislature, approved January 19, 1878.
3. The State of New Jersey by an Act of the State Legislature,
approved February 7, 1878.
4. The State of Maine by an Act of the State Legislature, approved
February 12, 1878.
5. The State of Wisconsin by an Act of the State Legislature,
approved March 1, 1878.
6. The State of Connecticut by an Act of the State Legislature,
approved March 26, 1878.
7. The State of Massachusetts by an Act of the State Legislature,
approved March 29, 1878.
8. The State of Rhode Island by an Act of the State Legislature,
approved April 12, 1878.
9. The State of Pennsylvania by an Act of the State Legislature,
approved April 24, 1878.
10. The State of New Hampshire by an Act of the State Legisla-
ture, approved August 9, 1878.
158 UNITED STATES MILITARY RESERVATIONS, ETC.
11. The State of Vermont by an Act of the State Legislature,
approved October 18, 1878.
12. The State of Michigan by an Act of the State Legislature, ap-
proved January 30, 1879.
13. The State of Minnesota by an Act of the State Legislature,
approved March 3, 1879.
14. The State of West Virginia by an Act of the State Legislature,
approved March 11, 1879.
15. The State of Indiana by an Act of the State Legislature, ap-
proved March 29, 1879.
16. The State of Ohio by an Act of the State Legislature, approved
May 6, 1879.
17. Deed from Daniel H. Rhorback and wife to the Antietam
National Cemetery, dated September 25, 1865, conveying 1 acre, 1
rood, and 9 perches of land. Deed recorded in Liber L. B. X., No. 1,
folio 188, etc., of the land records of Washington County.
18. Deed from Boonsborough Turnpike Company, dated March 3,
1888, conveying the right of way, etc., over and control of part of
Turnpike.
Title and also jurisdiction was ceded to the United States by an
act of the State Legislature, approved March 13, 1878, which pro-
vides as follows:
" SECTION 1. Be it enacted, etc., That all the right, title and interest
of the State of Maryland, and of the said State of Maryland acting as
Trustee for other States, as hereinbefore set forth, in and to the land
occupied by the Antietam National Cemetery, in the county of Wash-
ington, in the State of Maryland, * * * be, and the same is
hereby ceded, conveyed, transferred, and granted, with all the rights,
privileges, hereditaments, and appurtenances thereunto belonging or
pertaining to the United States of America, in fee simple, to have
and to hold forever.
" SEC. 2. And ~be it enacted, That jurisdiction and control over the
land conveyed by this act, as hereinbefore provided, be, and the
same are hereby, granted and ceded to the United States of America;
Provided always, That this cession and jurisdiction are granted iipon
the express condition that this Commonwealth shall retain concur-
rent jurisdiction with the United States in, and on the said ceded
lands, so far as, that all civil and such criminal process as may issue
under the authority of this State against any person or persons
charged with crimes committed without the limits of said National
Cemetery and in the State of Maryland, may be executed in the same
way and manner as though this cession and consent had never been
made and granted, except so far as such process may affect the real
and personal property of the United States, within the limits of the
said National Cemetery.
" SEC.-3. And be it enacted, That the lands conveyed as herein pro-
vided, and over which jurisdiction is granted by this act, together
with all personal property which may hereafter be within the bounds
of said cemetery belonging to the United States, or to any of the
officers or agents of the United States, shall be exonerated and dis-
charged from all taxes and assessments which may be at any time
imposed by the authority of this State, so long as the said lands shall
remain the property of the United States, and be used for the pur-
poses indicated in the act of this Assembly, passed March twenty-
third, eighteen hundred and sixty-five, hereinbefore referred to,"
MARYLAND. 159
FORT ARMISTEAD.
This reservation is situated at Hawkins Point, in Anne Arundel
County, and contains an area of 45.51 acres, with metes and bounds'
as described in G. O. 174, W. D., November 2, 1908. The title is as
follows :
1. Condemnation of a tract of 12.47 acres, property of Thomas C.
Chappell, in the District Court of the United States for the District
of Maryland. Decree rendered October 9, 1896, and filed with the
records of said cause iri judgment records S. H. No. 1, folio 87, etc.,
in the Clerk's Office of'* said District Court.
2. Deed from Thomas C. Chappell and Alcinda M. Chappell, dated
July 16, 1908, conveying three tracts of land aggregating 33.04 acres ;
deed recorded in Liber G. W. 61, folio 103, Land Records of Anne
Arundel County.
Consent to purchase and condemnation, and jurisdiction ceded, by
Acts of the State Legislature approved April 2 and 11, 1874, and
March 13, 1900, given under " General Acts of Cession."
FORT CARROLL.
This reservation contains about 3.4 acres, and is an artificially con-
structed island on Sollers Point Flats, in the Patapsco River, about
4J miles from Baltimore. Jurisdiction was ceded by an act of the
State Legislature approved March 6, 1847, which provides as follows :
" SECTION 1. Be it enacted, etc., That the consent of the State of
Maryland be, and the same is hereby, given to the United States to
erect works of fortification on Sollers Point Flats, in the Patapsco
River; and that the right of jurisdiction is hereby ceded to the
United States over any works of fortification that may be erected by
them on the said Sollers Point Flats, in the Patapsco River; said
jurisdiction to extend in all directions one-fourth of a mile beyond
any part of the works and their appendages."
License, September 14, 1905, to Department of Commerce and
Labor for occupation by light-house keeper of present quarters.
FORT FOOTE.
This reservation contains an area of 66 Acres 2 Roods and 17J
Perches, and is situated on the left bank of the Potomac River, on
Roziers Bluff, 8 miles below Washington, District of Columbia, in
Prince George County. The title is as follows:
1. Deed from Woodbury Wheeler, Trustee, etc., dated December
26, 1872, conveying 51 Acres 1 Rood, and 12| perches of land. Re-
corded in Liber H. B. No. C, folio 758, etc., of the land records of
Prince George County.
2. Deed from Francis W. Rozier and wife, dated January 25;
1873, conveving 15 acres 1 Rood and 4J perches of land. Deed re-
corded in Liber H. B. No. C, folio 760, etc., of same records.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved April 1, 1872, which provides as follows:
" SECTION. 1. Be it enacted, etc., That the jurisdiction and control
of the lands hereinafter described, or any portion thereof, situate on
I
160 UNITED STATES MILITARY RESERVATIONS, ETC.
the Potomac River, in Prince George County, that may hereafter
be conveyed by deed duly executed, acknowledged, and recorded to
the United States of America for the site of a fort, and the water,
water rights, and all other rights appertaining thereto, whenever the
same shall be so conveyed, be and the same is hereby vested in the
United States of America for military and naval purposes ; * * *
provided, always, that this cession and jurisdiction are granted upon
the express condition that this State shall retain a concurrent juris-
diction with the United States, in and on the said ceded lands and
territory or the portion thereof that may be so as aforesaid conveyed,
so far as that all civil and such criminal process as may issue under
the authority of this State, against any person or persons charged
with crimes committed without said lands and ceded territory, may
be executed therein the same way an manner as though this cession
and consent had never been made or granted, except so far as such
process may effect the real and personal property of the United
States within the said ceded territory.
" SEC. 2. And be it enacted, That the said lands or portion thereof,
when conveyed as afpresaid and over which the jurisdiction is
granted by this Act, together with all personal property which may
thereafter be within the bounds thereof, belonging to the United
States, or to any of the officers or agents of the United States, shall
be exonerated and discharged from all taxes and Assessments which
may be at any time imposed by the authority of this State, (when)
so long as the said lands or portion thereof respectively are and shall
remain the property of the United States, and be used for the pur-
poses aforesaid."
FORT HOWARD.
This reservation contains an area of 245 Acres. It is situated at
North Point, in Baltimore County. The title is as follows:
1. Decree of condemnation for said tract in cause No. 140, The
United States v. The Canton, Sparrow's Point and North Point
Railroad Company, in the District Court of the United States for the
District of Maryland. Decree rendered July 22, 1896, and filed with
the record in the Clerk's Office of said District Court, also recorded
in Judicial Liber L. M. B., No. 135, folio 159, of the records of the
Circuit Court for Baltimore County.
2. Deed from the Canton, Sparrow's Point and North Point Rail-
road Company, dated November 25, 1896, conveying 28.50 acres, and
appurtenances, improvements, etc. Recorded in Liber L. M. B., No.
221, folio 22, etc., of the land records of Baltimore County.
3. Deed from Mary Grace Carroll et al., dated October 23, 1899,
conveying 96 acres, 2 roods and 3 perches. Recorded in Liber N. B.
M. No. 228, folio 582 etc., of same records.
4. Deed from The Canton, Sparrow's Point and North Point Rail-
road Company, dated November 29, 1899, conveying 2 acres. Re-
corded in Liber N. B. M. No. 228, folio 586 etc., of same records.
5. Deed from Elizabeth Gunther, administratrix etc., dated De-
cember 21, 1899, conveying 118 acres. Recorded in Liber N. B. M.
No. 245, folio 1, etc., of same records.
For consent to purchase and condemn and for jurisdiction see
General Acts of Cession.
MARYLAND. 161
LAUREL CEMETERY ( SOLDIERS' LOTS) .
These lots are situated in Laurel Cemetery at Baltimore, in Balti-
more County. The lots are numbered 341 to 344 inclusive, and 357
to 419 inclusive, all in Area I, containing each 80 square feet.
The title is as follows:
Deed from the Laurel Cemetery Company, dated June 1, 1876,
conveying the above lots. Recorded in Liber G. R. No. 769, folio 127,
etc., of the land records of Baltimore City.
For jurisdiction, see General Acts of Cession.
LOTJDON PARK NATIONAL CEMETERY.
This reservation contains an area of about 3.69 acres, and is situated
at Carroll station, near Baltimore, in Baltimore County. The title is
as follows:
1. Deed from London Park Cemetery Company, dated June 5, 1874.
2. Deed from London Park Cemetery Company, dated July 1, 1875.
3. Deed from Charles C. MacTavish et al., dated May 1, 1882, con-
veying 0.48 acre, and roadbed, etc. Recorded in Liber W. M. I. No.
126, folio 296, etc., of the land records of Baltimore County.
4. Deed from James F. Wood et al., Trustees, dated September 5,
1882, conveying Lot B, No. 16, containing 0.62 acre ; Lot C, No. 42,
containing 0.63 acre, and a part of Lot C, No. 17, containing 0.17
acre, with roadbed, etc. Recorded in Liber W. M. I. No. 126, folio
307, etc., of same records.
5. Deed from Daniel J. Foley, Trustee, etc., dated September 9,
1882, conveying Lot D, No. 41, containing 0.56 acre, and roadbed, etc.
Recorded in Liber- W. M. I. No. 126, folio 302, etc., of same records.
6. Deed from London Park Cemetery Company, dated September
20, 1883, conveying 1 Acre and 26f square perches of land, with road
rights, etc. Recorded in Liber W. M. I. No. 128, folio 590, etc., of
same records.
7. Deed from the London Park Cemetery Company, dated May 19,
1903, conveying 0.07 acre. Recorded in Liber R. O. No. 2028, folio
177, etc., of the land records of Baltimore City.
8. Deed from William D. Primrose et al., dated May 19, 1903, con-
veying lots therein described. Recorded in Liber R. O. No. 2028.
folio 171, etc., of same records.
For jurisdiction, see General Acts of Cession.
FORT McHENRY.
This reservation contains an area of about 50 acres of land, with
metes and bounds as announced in G. O. No. 178, War Dept, Oct. 18,
1906. It is situated on Whetstone Point, in the City of Baltimore, in
Baltimore County. The title is as follows:
1. Deed from Alexander Furnival, dated July 20, 1795, conveying
about 7 acres and 56 perches of land. Recorded in Liber W. G. No.
S S, folio 142, etc., of the land records of Baltimore County.
2. Deed from William Goodman, dated November 6, 1798, con-
veying 2 acres of land. Recorded in Liber W. G. No. 56, folio 440,
etc., of same records.
1G809— 10 11
162 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Deed from William Goodman, dated August 26, 1800, conveying
11 acres 3 Roods and 25 perches of land. Recorded in Liber W. G.
No. 61, folio 580, etc., of same records.
4. Deed from John O'Donnell, dated January 14, 1804, conveying
5 acres of land. Recorded in Liber W. G. No. 78, folio 43, etc., of
same records.
5. Deed from Thomas B. Dorsey et al., dated September 10, 1836,
conveying Lots 60, 62, 64, etc. Recorded in Liber T. K. No. 263,
folio 194, etc., of same records.
6. Deed from James Bosley and wife, dated September 15, 1836,
conveying Lot 61, containing 2 acres and 2 roods of land. Recorded
in Liber T. K. No. 263, folio 196, etc., of same records.
7. Deed from Luke Kiersted and wife, dated September 29, 1836,
conveying Lot No. 63. Recorded in Liber T. K. No. 264, folio 326,
etc., of same records.
8. Deed from Elizabeth Conkling et al., dated October 8, 1836,
conveying Lot 63 and part of " Upton Court." Recorded in Liber
T. K. No. 264, folio 324, etc., of same records.
9. Deed from John Glenn et al., dated October 25, 1837, conveying
3 acres 1 rood and 29 perches of land. Recorded in Liber T. K. No.
274, folio 400, etc., of same records.
10. Deed from Richard W. Gill, dated November 16, 1836, convey-
ing between 5 and 6 acres of land. Recorded in Liber T. K. No. 265,
folio 189, etc., of same records.
The area of land conveyed by the foregoing described deeds includ-
ing streets separating the lots aggregates 52.75 acres, and the pur-
chase thereof was authorized by Acts of Congress approved March 20,
1794, and July 2, 1836. By authority of the Act of Congress
approved June 19, 1878, the area was reduced by a transfer to the
Baltimore Dry Dock Company of about 2.75 acres.
Jurisdiction over one part of this reservation was ceded to the
United States by Resolution No. 65 of the State Legislature, passed
January 30, 1816, and by the proceedings of the Governor and Coun-
cil at a meeting begun and held on February 27, 1816; and jurisdic-
tion as to the other part was ceded by an act passed March 29, 1838.
The resolution, proceedings, and act provide as follows :
"Resolved, That the Governor and Council be, and they are hereby,
authorized and requested, in the recess of the Legislature, to arrange
with the General Government for the establishment of such sites
within this State for the completion and establishment of fortifica-
tions as may be agreed on, and the jurisdiction of the same is hereby
relinquished to the United States." (Resolution No. 65, passed Jan-
uary 30, 1816.)
" Be it known that in pursuance of the power vested by said re-
solve in the Governor and Council, jurisdiction is hereby ceded to the
United States of the following ground and territory, to wit :
* * * "that parcel of laiid situate in Baltimore County on
which Fort McHenry is built, and the whole of the premises thereto
adjoining, the legal title to which was conveyed to the LTnited States.
"And the Governor and Council of Maryland, in behalf of said
State, and in virtue of the authority conferred by the resolve afore-
said, hereby release all claim and right of jurisdiction of the State of
Maryland in and over said parcels of land to the United States for
MARYLAND. 163
the purposes expressed in said resolve." (Extract from proceedings
of a meeting of the Governor and Council begun and held on the 27th
day of February, 1816.)
"Whereas, It is represented to the General Assembly that the
United States have purchased certain lots of ground on Whetstone
Point, near the city of Baltimore, in order the more effectually to
promote the ends of the Government in the erection of fortifications
at Fort McHenry, which this Legislature duly appreciate : Therefore,
"Be it enacted, etc., That the right of jurisdiction of the State of
Maryland in and over the lands comprehended in lots numbers
thirty-four, thirty-five, sixty, sixty-one, sixty-two, sixty-three, sixty-
four, sixty-five, sixty-six, and sixty-seven, lying and adjoining Fort
McHenry, on Whetstone Point, near the City of Baltimore, which
have been purchased by the United States, the deeds whereof are
among the records of Baltimore County, and also that part of the
main road leading to Fort McHenry which lies between the said lots,
be, and the same is hereby, relinquished, ceded, and made over to the
United States for the purposes aforesaid." (Passed March 29, 1838.)
Revocable Licenses: March 9, 1906, to Chesapeake and Potomac
Telephone Company for telephone line.
License, March 1, 1907, to the Skinner Shipbuilding and Dry Dock
Company for drainage pipe across the reservation.
License, July 27, 1908, to the State of Maryland for extension of
water supply system to the wharf authorized by license of August
21, 1907.
License, April 30, 1909, to the State of Maryland for the use of
the reservation by the Militia of that State, and for use of a right
of way to the wharf constructed under license of August 21, 1907.
POINT LOOKOUT NATIONAL CEMETERY.
This reservation contains 5.55 acres, and is situated at Point Look-
out in St. Mary County. The title is as follows:
1. Deed from Logan A. Smith and wife, dated June 30, 1868, con-
veying said land. Recorded in Liber I. A. C. No. 3, of the land rec-
ords of St. Mary County.
2. Decree of condemnation for same premises in case of Logan A.
Smith, Petition for appraisement v. The United States, in the Dis-
trict Court of the United States for the District of Maryland.
Decree rendered March 3, 1868, and filed with the record in the
Clerk's Office of the said Court.
For jurisdiction, see General Acts of Cession.
FORT SMALLWOOD.
This reservation contains an area of about 100 acres, with metes
and bounds are given in G. O. No. 8, W. D., January 19, 1909. It is sit-
uated at Rock Point, in Anne Arundel County, about 13 miles from
Baltimore. The title is as follows:
1. Decree in condemnation proceedings for said 100 acres in case
wherein the United States, etc., were plaintiffs, and certain land
situated at Rock Point, Maryland— Flavins W. Hancock, Cassie
Owens, and Oliver S. Owens, Defendants, in the District Court of
the United States for the District of Maryland. Decree rendered
164 UNITED STATES MILITARY RESERVATIONS, ETC.
June 17, 1896, and filed with the record in the Clerk's Office of said
Court.
2. Deed from Flavins W. Hancock et al., dated July 21, 1896, con-
veying the above 100 acres. Recorded in Liber G. W., No. 3, folio 316,
etc,, of the land records of Anne Arundel County.
For consent to purchase or condemn and for jurisdiction see Gen-
eral Acts of Cession.
FORT WASHINGTON.
This reservation contains an area of 334 acres 3 roods and 11
perches of land, and is situated on the left bank of the Potomac,
about 14 miles below the city of Washington, near the mouth of Pis-
cataway Creek. The title is as follows:
1. Deed from Thomas A. Digges, dated April 15, 1808, conveying
3 acres and 127 perches of land. Recorded in Liber I..R. M., No. 12,
folio 579, etc., of the land records of Prince George County.
2. Deed from Thomas A. Digges et al., dated August 31, 1815, con-
veying 5 acres and 56 perches of land. Recorded in Liber T. H., No.
1, folios 49, etc., of the land records of the Court of Appeals for the
Western shore of Maryland (Prince George County). See also
Liber I. B. B., No. 2, folio 57, etc., of the land records of Prince
George County.
3. Deed from Norah Digges, Executrix, etc., dated May 27, 1833,
conveying 34 acres and 81 perches. Recorded in Liber A. B., No. 8,
folio 220, etc., of same records.
4. Release of same tract by Richard Wallack, Trustee, etc., dated
November 18, 1833. Recorded in Liber A. B., No. 8. folio 215. of
same records.
5. Release by Nora Digges, in the case of " Lessee of George A.
Digges and others v. The United States, in the Circuit Court of the
United States for the District of Maryland." Filed in the Clerk's
Office of said Court with the record in said cause November 14, 1848.
6. Deed from John Ketland, dated January -28, 1871, conveying
about 2 acres acquired for cemetery. Recorded in Liber H. B. No. 4,
folio 351, et seq., of same records.
7. Deed from Joseph K. Roberts, Jr., Trustee, etc., dated January
19, 1875, conveying 289 acres and 27 perches of land. Recorded in
Liber H. B., No. 10, folio 21, etc., of same records.
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved April 11, 1874, which provides as follows:
" SECTION 1. Be it enatced, etc., That the jurisdiction and control
over the residue of the lands owned by the United States, and consti-
tuting the site of Fort Washington, in the county of Prince George,
and the jurisdiction and control over the lands hereinafter described
or any portion thereof, in said county, that may be hereafter conveyed
by deed duly executed, acknowledged, and recorded to the United
States, and the water, \vater rights, and all other rights appertaining
thereto, be and the same is hereby ceded and vested in the United
States of America for Military and Naval purposes; the said cession,
as to said land that may hereafter be conveyed, to take effect when-
ever the same shall be so conveyed ; beginning for the said lands to
be hereafter conveyed * * * the same comprising the two parcels
of ground, parts of Warburton Manor, and mentioned and conveyed
in a deed from John Johnson and Thomas S, Alexander, trustees, to
MASSACHUSETTS. 165
William Kerly; recorded among the land records of Prince George
county, liber J. B. B., No. 4, folio, eight hundred and six, &c. ; pro-
vided, always, that this cession and jurisdiction are granted upon the
express condition that this State shall retain a concurrent jurisdiction
with the United States in and on the said ceded lands and territory,
so far as that all civil and such criminal process as may issue under
the authorit}^ of this State, against any person or persons charged
with crimes committed without said lands and ceded territory, may
be executed therein, in the same way and manner as though this ces-
sion and consent had never been made and granted, except so far as
such process may effect the real and personal property of the United
States within the said ceded territory.
" SEC. 2. Be it enacted, That the said lands over which the juris-
diction is granted by this act, together with all personal property
which may thereafter be within the bounds thereof, belonging to the
United States, or to any of the officers or agents of the United States,
shall be exonerated and discharged from all taxes and assessments
which may be at any time imposed by the authority of this State,
when and so long as the said lands or portion thereof, respectively,
are and shall remain the property of the United States, and be used
for the purpose aforesaid."
Revocable Licenses: License, June 19, 1880, to the Treasury De-<
partment to store buoys and sinkers on the reservation and to use
the wharf in shipping same from time to time.
License, November 8, 1882, to the light keeper to occupy vacant
building at the post.
License, March 27, 1885, to the U. S. Fish Commission to erect a
small building near the edge of the wharf.
MASSACHUSETTS.
For a list of places over which the Commonwealth of Massachu-
setts has ceded jurisdiction to the United States, see Revised Laws of
Massachusetts, 1902, Vol. 1, Ch. 1, sec. 5.
FORT ANDREW.
This reservation contains an area of about G acres and 134J rods,
including the small tract used by the Light-House Board. It is situ-
ated on Gurnet Point, on the north side of the entrance to Plymouth
Harbor, near the Town of Plymouth, in Plymouth County.
The custody of the reservation was temporarily relinquished to
the Treasury Department for light house and life-saving purposes,
March 25, 1885, ( accepted September 8,1885). The title is as follows :
1. Deed from Hannah Thomas and husband, dated November 10,
1802, conveying 1 acre and G^ rods (Light-House Land). Recorded
among the records of deeds for Plymouth County, at Plymouth,
November 18, 1802.
2. Deed from Leander Lovell and wife, dated June 7, 1870, con-
veying 5.2 acres (Fort Land). Recorded in Book 3G5, pages 247, etc.,
of same records.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved June 23, 1869, as amended by an act approved
June 22, 1870. These acts provide as follows:
" SECTION 1. Jurisdiction is hereby ceded to the United States over
the site of Fort Standish, on the Saquish Neck, and over the site of
166 UNITED STATES MILITARY RESERVATIONS, ETC.
Fort Andrew, on the Gurnet Point (both sites lying to the northward
and eastward and near the entrance of the harbor of Plymouth) , for
the purpose of building and maintaining thereon such forts, arsenals,
wharves, or other structures, with their appendages, as may be neces-
sary for the public service and as may be purchased for such use by
the United States; and the jurisdiction is also ceded over all the
shores, flats and waters contiguous to those sites, and within four
hundred yards from low- water mark, and all right, title and claim
which the Commonwealth may have to or in the premises aforesaid,
is hereby granted to the United States: Provided, that this Com-
monwealth shall retain a concurrent jurisdiction with the United
States in and over all the premises aforesaid, as far as that all civil
processes and such criminal processes against any person or persons
charged with crimes committed without the premises aforesaid as
may issue under the authority of this Commonwealth may be exe-
cuted on said premises and in any building or structure erected or to
be erected thereon, in the same way and manner and with the same
effect as if jurisdiction had not been ceded as aforesaid.
" SEC. 2. The premises over which jurisdiction is granted by this
act, and all structures and other property thereon, shall be exoner-
ated from all taxes and assessments which may be imposed under the
authority of this Commonwealth, while said premises shall remain
the property of the United States, and shall be used for the purposes
intended by this act." (Approved, June 23, 1869.)
The act approved June 22, 1870, amends section 3 of this act so as
to provide that the plans of the sites of said forts shall be deposited
with the Secretary of the Commonwealth within six months after
the United States has acquired title by deed.
Revocable Licenses: The Secretary of War, in compliance with
request of the Secretary of the Treasury, under date of April 2G,
1884, authorized the construction by the Keeper of the Life Saving
Station, of a small dwelling, upon the condition that it be removed
whenever the War Department should so direct, or when the keeper
should cease to be in the employ of the Government. Under date
of June 26, 1884, a parcel of land 50 feet square in the southwest
corner of the Light-house Keeper's Lot was definitely selected as the
site for the above dwelling.
Upon the abandonment of the post, permission was granted by the
Secretary of War, under date of September 23, 1884, to the Keeper of
the Life Saving Station to occupy the quarters of the Ordnance
Sergeant.
FORT ANDREWS.
This reservation comprises the northerly end of Peddocks Island
(area about 88 acres), Lots 105 and 106 on Strawberry Hill (area
about 0.92 acre) , a tract on Point Allerton (area about 1.62 acres) , and
a tract at Allerton Station (area about 0.14 acre) ; all in the town of
Hull, Massachusetts. Total area : about 90.68 acres. The title is as
follows :
1. Quit-Claim Deed from Eliza J. H. Andrew, dated February 18,
1897, conveying part of the above tract.
MASSACHUSETTS. 167
2. Warranty Deed from Eliza J. H. Andrew, dated February 12,
1898, conveying same tract. Recorded in Book 756, page 149, of the
records of Plymouth County.
3. Deed from Edith Andrew, individually and as trustee, dated
February 8, 1904, conveying 65.227 acres. Recorded in Book 891,
pages 67 to 69, of same records.
4. Deed from Edith Andrew, individually and as trustee, Decem-
ber 10, 1904, conveying " in fee simple the right to construct and
maintain a water main " leading from the reservation to the sea, " at
a point opposite Nut Island ". Recorded in Book 909, page 167, of
same records.
5. License from Board of Harbor and Land Commissioners of the
Commonwealth of Massachusetts to the United States, Oct. 5, 1904,
to lay a six-inch water pipe in Boston Harbor from Nut Island to
Peddocks Island. Recorded in Norfolk County Deed Records, vol-
ume 995, page 377, and in Plymouth County Deed Records, Book
915, pages 88-89.
6. Decree of United States District Court, June 28, 1906, and deed
from Emery W. Clark and wife, dated July 17, 1906, conveying land
on Point Allerton (about 70,600 sq. ft., more or less, of which 18,300
sq. ft. are upland westerly of the crest of the bluff), for a site for
range-finder station. Recorded in Book 953, pages 258 and 261,
et seq., same records. See G. O. No. 173, War Department, October
12, 1906.
7. Decree in condemnation, rendered - — , covering Lot No. 105
on Strawberry Hill, Hull, Massachusetts.
8. Deed from Eben D. Jordan, et al., trustees, dated July 25, 1906,
conveying Lot 106 on Strawberry Hill, Hull, Massachusetts, contain-
ing 19,146 square feet; recorded in Book 959, page 166, of same
records.
9. Deed from same parties, dated July 25, 1906, conveying ease-
ment for cable from Lot 106, in and over certain streets, etc., to
Hull Bay; recorded in Book 959, page 167, of same records.
10. Deed from John J. Moore, et al., dated September 11, 1906,
conveying Lot at Allerton Station, containing 6,000 square feet;
recorded in Book 959, page 169, of same records.
Jurisdiction ceded by Acts of the General Court of the Common-
wealth of April 6, 1897 (Acts and Resolves of 1897, Chapter 240),
and of April 2, 1901 (Acts and Resolves of 1901, Chapter 232), and
of June 21, 1906 (Acts and Resolves of 1906, Chapter 511), provid-
ing, respectively, as follows:
" SECTION 1. The consent of the Commonwealth of Massachusetts
is hereby granted to the United States of America to purchase a por-
tion of the northerly end of Peddock's Island in Boston Harbor, the
same to be used for the purpose of national defence.
" SEC. 2. Jurisdiction over the area so purchased is hereby granted
and ceded to the United States: provided, (and the cession and con-
sent aforesaid are granted upon the express condition), that the
Commonwealth shall retain a concurrent jurisdiction with the United
States in and over the part of the island so purchased, so far as that
all civil processes and such criminal processes as may issue under the
authority of this Commonwealth against any person or persons
charged with the crimes committed without the said tracts of land
168 UNITED STATES MILITARY RESERVATIONS, ETC.
may be executed therein in the same way and manner as though this
consent and cession had not been made and granted.
" SEC. 3. The United States government is hereby authorized to
occupy and fill such flats belonging to the Commonwealth, and to
place such structures in or over the tide water adjacent to the area
herein authorized to be purchased as may be necessary for the pur-
pose for which the premises over which jurisdiction is ceded in sec-
tion one are to be used, upon such terms and conditions as shall be
prescribed by the harbor and land commissioners.
" SEC. 4. This act shall be void unless a suitable plan or plans of
the premises purchased by the United States under the provisions of
this act be deposited in the office of the secretary of the Common-
wealth within one year from the passage of this Act."
(Act of April 6, 1897).
" SECTION 1. The consent of the Commonwealth of Massachusetts
is hereby granted to the acquisition by the United States of America,
by purchase or condemnation, for the purpose of national defence, of
eighty acres of land, or so much thereof as the secretary of war of the
United States may deem necessary, on Paddock's island in Boston
harbor, adjoining the present United States military reservation on
said island. Jurisdiction over the area so acquired is hereby granted
and ceded to the United States : Pro vided, always, that the Common-
wealth shall retain a concurrent jurisdiction with the United States
in and over the land so acquired, so far as that all civil processes and
such criminal processes as may issue under the authority of the Com-
monwealth against any person or persons charged with crimes com-
mitted without the area so acquired may be executed therein in the
same manner as though this cession had not been granted ; and Pro-
vided, further, that whenever such land ceases to be used by the
United States for the purposes for which it is acquired the exclusive
jurisdiction over it shall revert to and revest in the Commonwealth.
" SEC. 2. The United States government is hereby authorized, upon
such terms and conditions as shall be prescribed by the board of
harbor and land commissioners, to occupy and fill such flats belong-
ing to the Commonwealth, and to place such structures in or over
the tide water adjacent to the area herein authorized to be acquired
as may be necessary for the purposes .for which said area is to be used.
" SEC. 3. This act shall be void unless a suitable plan or plans of
the premises acquired by the United States under the provisions of
this act shall be deposited in the office of the secretary of the Com-
monwealth within six months from the date of such acquisition."
(Act of April 2, 1901).
Under date of October 16, 1905, the Commanding Officer, Artillery
District, Fort Banks, Massachusetts, reported that the required plans
" have been properly filed and officially accepted by the Secretary of
the Commonwealth."
" SECTION 1. The consent of the Commonwealth of Massachusetts is
hereby granted to the United States of America to purchase four
parcels of land in the town of Hull, for purposes of national defence,
as follows:
" Parcel one : comprising lots one hundred and five and one hundred
and six, as shown on a plan entitled " Plan of Lots owned by the
Nantasket Co. on Strawberry Hill at Nantasket Beach, by C. H.
Paine, Surveyor, dated June, 1883, and recorded in Plymouth Reg-
MASSACHUSETTS. 169
istry of Deeds in Plan Book 1, page 98 ", and the back lots adjoining
the same, on the east, on " Strawberry Hill ", comprising an area of
forty thousand and one hundred and seven square feet ;
" Parcel two : lots twenty-four and twenty-five at Point Allerton,
as shown on a plan entitled " Land at Point Allerton, Hull, Mass.,
by Frederic M. Hersey, engineer, dated January 13, 1906 ", area
about seventy thousand six hundred square feet ;
" Parcel three : near Point Allerton railroad station on the south-
westerly side of Old County road, fronting thirty feet thereon and
extending back at right angles thereto and of the same width to mean
low water of Hull bay; the northerly corner being at the junction of
the southerly property line of the Hull and Nantasket Beach railroad
with the southwesterly line of said Old County road ; area about six
thousand square feet;
" Parcel four is twelve feet square and lies between Spring street
and Hull bay, the northerly side of the same being the face of the
sea wall, and the northeasterly corner being two hundred and twenty-
eight feet westerly of the angle in said wall.
" SECTION 2. Jurisdiction over the land so purchased is hereby
granted and ceded to the United States: provided, (and the cession
and consent aforesaid are granted upon the express condition), that
the Commonwealth shall retain a concurrent jurisdiction with the
United States in and over the land so purchased, so far as that all
civil processes and such criminal processes as may issue under the
authority of the Commonwealth against any person or persons
charged with crimes committed without the said tracts of land
may be executed therein in the same manner as though this cession
had not been granted.
" SECTION 3. This act shall be void unless a suitable plan or plans of
the premises purchased by the United States under the provisions of
this act shall bo deposited in the office of the secretary of the Com-
monwealth within one year from the passage of this act." (Approved
June 21, 1906.)
FORT BANKS.
This reservation is situated in the Town of Winthrpp, adjoining
Boston, in Suffolk County. It contains 33.242 acres, with metes and
bounds as given in G. O. 12, W. D., January 15, 1908, except that
said Order includes a 25-foot strip (area: 0.344 acre) deeded to the
Town of Winthrop for a public roadway, March 28, 1904, under Act
of Congress, approved March 15, 1904. The title is as follows:
1. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 27, 1890, conveying part of Block " Y," containing
143,455 square feet of land. Recorded in libro 2001, page 177, of the
deed records of Suffolk County.
2. Deed from Elizabeth L. McCloud and husband, dated December
29, 1890, conveying 106,027| square feet of land described by metes
and bounds. Recorded in libro 2000, page 635, of same records.
3. Deed from Elizabeth L. McCloud and husband, dated December
29, 1890, conveying 43,744 square feet of land by metes and bounds.
Recorded in libro 2000, page 636, of same records.
4. Quit-Claim Deed from Lucretia Floyd et al., dated January 1,
1891, conveying 144,824 square feet of land described by metes and
bounds ; also all title, etc., in a private way called " Elm Avenue,"
170 UNITED STATES MILITARY RESERVATIONS, ETC.
less 7,500 square feet heretofore conveyed away, making in this con-
veyance 137,324 square feet and right of way. Recorded in libro
2000, page 619, of same records.
5. Deed from Phillips P. Floyd and wife, dated January 1, 1891,
conveying 181,540 square feet of land by metes and bounds. Re-
corded in libro 2000, page 621, of same records.
6. Deed from Sumner Floyd and wife, dated January 1, 1891, con-
veying 12,000 square feet of land by metes and bounds. Recorded in
libro 2000, page 623, of same records. *
7. Deed from Henry E. Mills, dated January 1, 1891, conveying
two tracts containing 18,515 square feet of land described by metes
and bounds. Recorded in libro 2000, page 637, of same records.
8. Quit-Claim Deed from Samuel G. Irwin and wife, dated Janu-
ary 3, 1891, conveying three-fourths of Lot No. 4, containing 90,926
square feet of land. Recorded in libro 2000, page 632, of same
records.
9. Deed from Louisa E. McArthur and husband, dated January 10,
1891, conveying a part of Lot D, containing 4,037^ square feet of
land.. Recorded in libro 2002, page 554, of same records.
10. Quit-Claim Deed from John L. Tewksbury and wife, dated
January 10, 1891, conveying Lots 13 and 24 and 20 feet of Lot 14,
aggregating 9,593 square feet of land. Recorded in libro 2001, page
2, of same records.
11. Quit-Claim Deed from William B. Floyd and wife, dated
January 12, 1891, conveying twro parcels of land aggregating 75,327
square feet of land described by metes and bounds. Recorded in
libro 2000, page 627, of same records.
12. Quit-Claim Deed from William B. Floyd et al., dated January
12, 1891, conveying 18,100 square feet of land by metes and bounds.
Recorded in libro 2000, page 625, of same records.
13. Quit-Claim Deed from Perez M. Hay den and wife, dated Janu-
ary 12, 1891, conveying parts of Lots 14 and 15, containing 3,996
square feet of land and described by metes and bounds. Recorded in
libro 2000, page 631, of same records.
14. Quit-Claim Deed from Lorenzo C. Tewksbury and \vife, dated
January 12, 1891, conveying 20,217 square feet of land by metes and
bounds. Recorded in libro 2001, page 4, of same records.
15. Quit-Claim Deed from William G. Grant and wife, dated
January 13, 1891, conveying Lot 23, containing 4,505 square feet of
land. Recorded in libro 2000, page 630, of same records.
16. Quit-Claim Deed from The Boston, Winthrop and Shore Rail-
road Company, dated January 16, 1891, conveying 3,742 square feet
of land by metes and bounds. Recorded in libro 2073, page 362, of
same records.
17. Quit-Claim Deed from Benjamin D. Chapman and wife, dated
January 22, 1891, conveying 13,095 square feet of land by metes and
bounds. Recorded in libro 2073, page 359, of same records.
18. Quit-Claim Deed from William R. Conner and wife, dated
March 21, 1891, conveying 3,025 square feet of land and all interest in
Elm Avenue, and a strip containing 275 square feet of land, all de-
scribed by metes and bounds. Recorded in libro 2000, page 617, of
same records.
19. Deed from David H. Blaney, dated March 24, 1891, convecying
192,031 square feet, in two tracts, by metes and bounds; also right of
MASSACHUSETTS. 171
way from Beach Street, 25 feet in width; in all, 193,937 square feet
of land. Kecorded in libro 2000, page 614, of same records.
20. Deed from David H. Blaney, dated March 24, 1891, conveying
66,574 square feet of upland and 9,990 square feet of marsh; total,
76,564 square feet, described by metes and bounds. Recorded in libro
2000, page 616, of same records.
21. Quit-Claim Deed from George C. Stanley and wife, dated
March 26, 1891, conveying 4,475 square feet of land; all interest, etc.,
in Elm Avenue and a strip adjoining said Avenue containing 651,455
square feet, all described by metes and bounds. Recorded in libro
2001, page 1, of same records.
22. Deed from Ella F. Wendall and husband, dated March 27,
1891, conveying 16,493 square feet of land by metes and bounds. Re-
corded in libro 2001, page 5, of same records.
23. Quit-Claim Deed from Thomas Floyd and wife, dated March
27, 1891, conveying 82,718 square feet of land, in two tracts, by metes
and bounds. Recorded in libro 2000, page 628, of same records.
24. Deed from Harry England and wife, dated March 30, 1891,
conveying 14,845 square feet of land by metes and bounds. Recorded
in libro 2001, page 298, of same records.
25. Quit-Claim Deed from John Macdonald and wife, dated April
9, 1891, conveying 14,800 square feet of land by metes and bounds,
with right of way, etc. Recorded in libro 2000, page 634, of same
records.
26. Quit-Claim Deed from William B. Floyd and wife, dated
April 10, 1891, conveying 24,055 square feet of land by metes and
bounds. Recorded in libro 2000, page 626, of same records.
27. Q;uit-Claim Deed from James McLauchlin and wife, dated
October 26, 1891, conveying 4,717 square feet of land by metes and
bounds. Recorded in libro 2073, page 355, of same records.
28. Quit Claim Deed from Hamilton R. Douglass and wife, dated
October 26, 1891, conveying 4,611 square feet of land by metes and
bounds. Recorded in libro 2073, page 354, of same records.
29. Quit-Claim Deed from Lucretia Floyd et al., dated November
24, 1891, conveying " Elm Avenue." Recorded in libro 2152, page
281, of same records.
30. Quit-Claim Deed from David H. Blaney, dated December 8,
1891, conveying 25,422 square feet of land by metes and bounds.
Recorded in libro 2073, page 360, of same records.
31. Quit-Claim Deed from Thomas Floyd and wife, dated January
21, 1892, conveying 7,100 square feet of land. Recorded in libro 2073,
page 358, of same records.
32. Quit-Claim Deed from Lorenzo C. Tewksbury and wife, dated
May 23, 1893, conveying Lots E and F, of the Estate of Thomas
Floyd, containing 75,886 square feet of land by metes and bounds.
Recorded in libro 2146, page 153, of same records.
33. Quit-Claim Deed from William B. Floyd and wife, dated May
23, 1893, conveying Elm Avenue on certain conditions, etc. Recorded
in libro 2152, page 283, of same records.
34'. Quit-Claim Deed from Hermon B. Tewksbury and wife, dated
July 21, 1893, conveying all interest in Cherry Street, etc. Recorded
in libro 2152, page 284, of same records.
35. Quit-Claim Deed from Phillips P. Floyd and wife, dated
January 19, 1894, conveying all title and interest in Grover's Cliff
172 UNITED STATES MILITARY RESERVATIONS, ETC.
and particularly Elm Avenue. Recorded in libro 2180, page 527, of
same records.
36. Decree of Condemnation for two tracts including portions of
Cherry street and Elm avenue, for which see No. 26 under head of
Fort Heath, infra.
37. Kelease by Lydia S. Floyd, et al., dated July 8, 1904, of their
rights to Elm avenue, within limits of the reservation. Recorded in
Book 3141, page 319, of same records.
This release and certain prior ones were made with the understand-
ing, embodied as a condition in one of them (No. 33, ante), that the
United States would open a right of way connecting Winthrop street
with that portion of Elm avenue not released. This was done by
deed from the Secretary of War to the town of Winthrop, dated
March 28, 1904, under authority of Act of Congress, approved
March 15, 1904.
The foregoing lands were acquired pursuant to the Acts of Con-
gress approved August 1, 1888, and August 18, 1890.
Jurisdiction was ceded to the United States by an act of the Gen-
eral Court of the Commonwealth of Massachusetts, approved March
16, 1891, which provides as follows:
" SECTION 1. The consent of this Commonwealth is hereby granted
to the United States of America to purchase two tracts of land in the
town of Winthrop, as will be described in the plans provided for in
section three of this act with the buildings thereon purchased or to be
purchased by the United States, for the purposes of national defence,
" SEC. 2. Jurisdiction over the said- tracts is hereby granted and
ceded to the United States; provided, always, and the cessions and
consent aforesaid are granted upon the express condition that this
Commonwealth shall retain a concurrent jurisdiction with the United
States in and over the said tracts of land aforesaid, so far as that
all civil processes and such criminal processes as may issue under the
authority of this Commonwealth against any person or persons
charged with crimes committed without the said tracts of land may
be executed therein in the same way and manner as though this con-
sent and cession had not been made and granted.
" SEC. 3. This act shall be void unless suitable plans of the prem-
ises, or such portion or portions thereof as may be purchased by the
United States, be deposited in the office of the Secretary of this Com-
monwealth within one year from the passage of this act."
(Plan filed in the office of the Secretary of the Commonwealth of
Massachusetts February 18, 1892, by S. M. Mansfield, Lieutenant-
Colonel, Engineers, United States Army.)
This property was acquired for a wjiarf site, etc., for Fort Banks
and Fort Heath, and is situated at " Great Head ", in the Town of
Winthrop, about one mile southeasterly from Fort Banks, and about
one and one-fourth miles southerly from Fort Heath. The title is as
follows :
1. Transfer Certificate of Title, dated December 13, 1904, reg-
istered in Book 3, page 136, No. 736, that the United States " is the
owner in fee simple " of the parcels of upland and flats, described
therein, known as the " Rice Wharf," located at Winthrop, Mass.
MASSACHUSETTS. 173
2. Deed from Joshua T. Nowell and wife, dated May 15, 1907, con-
veying Lot No. 39, adjoining the premises acquired by above transfer
certificate of title. Recorded in Book 3220, page 176 of Deed Records
of Suffolk County. Said premises are also covered by Decree of
Condemnation, United States District Court, District of Massachu-
setts, dated June 7, 1907.
BEVERLY GUN HOUSE.
This property contains an area of 2,250 square feet, and is situated
in the Town of Beverly, in Essex County. The title is as follows :
Deed from the Town of Beverly to the United States, dated May
17, 1809, conveying the above tract, together with right of way, etc.
Concurrent jurisdiction is reserved to the Commonwealth of Massa-
chusetts.
DEER ISLAND.
This reservation comprises two tracts of land on Deer Island,
in Boston Harbor, Massachusetts, containing together about 100 acres
above mean low water mark. It was acquired, for fortification pur-
poses, pursuant to act of Congress approved June 25, 1906 (34 Stat.
L., 457), by quitclaim deed from the city of Boston, dated October
15, 1906, recorded with Suffolk Deeds in libro 3177, page 577.
Consent to the purchase given, and jurisdiction ceded over the
premises above described, including jurisdiction over two strips of
land separating said tracts and lying within the interior boundaries
thereof; which strips were taken by the Board of Metropolitan
Sewerage Commissioners, April 2, 1890, under authority of an Act
of the General Court of the Commonwealth of Massachusetts, ap-
proved March 6, 1907 (Chap. 172, Acts of 1907), subject to the pro-
viso that:
" The cession and consent aforesaid are given upon the express con-
dition that the Commonwealth shall retain concurrent jurisdiction
with the United States in and over the lands so purchased, as well
as in and over the aforesaid two strips of land lying within the tract
described in section one, so far as that all civil processes and such
criminal processes as may issue under authority of the Common-
wealth against any person or persons charged with crimes committed
without the said tract of land, including also the two strips of land
aforesaid, may be executed thereon, in the same manner as though
this cession and consent had not been granted."
Sections 3, 4, and 5 of said Act provide as follows :
" SECTION 3. The United States Government is hereby authorized,
upon such terms and conditions as may be prescribed by the harbor
and land commissioners, to occupy and fill such flats belonging to
the Commonwealth, and to place such structures in or over the tide
water adjacent to the area herein authorized to be purchased as may
be necessary for the purposes for which said area is to be used.
" SECTION 4. This act shall be void unless a suitable plan or plans
of the premises purchased by the United States under the provisions
of this act shall be deposited in the office of the Secretary of the
Commonwealth within one year after its passage.
" SECTION 5. Nothing contained herein shall abridge or affect the
right and title of the Commonwealth in and to the two strips of
174 UNITED STATES MILITARY RESERVATIONS, ETC.
land included in the tract described in section one, and acquired
under the taking aforesaid by the board of metropolitan sewerage
commissioners, the said two strips being the fifth and sixth parcels
described in said taking."
A plan of the premises purchased by the United States was filed
with the Secretary of the Commonwealth, March 8, 1907, in compli-
ance with the requirements of section four of said Act.
GLOUCESTER GUN HOUSE.
This reservation contains 2,800 square feet of ground, and is situ-
ated at Gloucester, in Essex County. The title is as f olows :
Deed from Wiliam Pearce and wife, dated October 15, 1808, con-
veying the above tract. Recorded in Book 187, Leaf 214, of the deed
records of Essex County.
GLOUCESTER, WIGWAM POINT.
This reservation contains 6.50 acres, and is situated on Wigwam
Point, in the town of Gloucester, in Essex County. The title is as
follows :
Deed from William Griffin and wife, dated October 27, 1800, con-
veying the above tract. Deed recorded in Book 107, Leaf 05, of the
deed records of Essex County.
FORT HEATH.
This reservation, near Fort Banks, was formerly known as the
" Gun Battery." It is situated on Grover's Cliff in the town of
Winthrop, in Suffolk County, and contains 17.2 acres, above the line
of mean high water, with metes and bounds as published in G. O. No.
137, War Dept, August 24, 1008. The title is as follows :
1. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 25, 1800, conveying Lots 0 and 10 in Block 3, con-
taining 10,301 square feet of land; also Lot 12 in Block 3, contain-
ing 5,187 square feet of land. Recorded in libro 2001, page 178, of
the deed records of Suffolk County.
2. Quit-Claim Deed from Wiliam B. Rice, dated December 26
1800, conveying Lot No. 3 in Block 2, containing 11,880 square feet of
land together with the flats and riparian rights appurtenant. Re-
corded in libro 2001, page 202, of same records.
3. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 27, 1800, conveying Lots 1, 2, 3, 14 and 15 in Block
3, containing 33,685 square feet of land ; also Lots 4 and 5 in Block
3, containing 11,073 square feet of land. Recorded in libro 2001,
page 180, of same records.
4. Quit-Claim Deed from William B. Rice et al., Trustees, fete.,
dated December 27, 1800, conveying Lot 2 in Block 2, containing
11,750 square feet of land; also Lot 4 in Block 2, containing 12,230
square feet of land. Recorded in libro 2001, page 181, of same
records.
5. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 27, 1800, conveying Lots 1, 22 and 21 in Block 4,
containing 18,406 square feet of land; also Lot 3 in Block No. 4, con-
MASSACHUSETTS. 175
taining 4,807 square feet of land ; also Lot 5 in Block 4, containing
4,807 square feet of land. Recorded in libro 2001, page 183, of
same records.
6. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 27, 1890, conveying Lots 7, 8, 9, 10 and 11 in Block
4, containing 26,051 square feet of land ; also Lots 12, 13, 14, 15, 16,
17, 18, 19 and 20 in Block 4, containing 46,855 square feet of land.
Recorded in libro 2001, page 185, of same records.
7. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 27, 1890, conveying Lot 21 in Block 1, containing
14,520 square feet of land. Recorded in libro 2001, page 186, of same
records.
8. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 27, 1890, conveying Lots 8 and 9 in Block 5, contain-
ing 14,442 square feet of land. Recorded in libro 2001, page 188, of
same records.
9. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 27, 1890, conveying Lots 4 and 5 in Block 5, contain-
ing 14,442 square feet of land. Recorded in libro 2001, page 189, of
same records.
10. Quit-Claim Deed from Lucy A. Woods and husband, dated
December 27, 1890, conveying Lot 10 in Block 5, containing 7,700
square feet of land and all the beach, flats and riparian rights thereto
belonging. Recorded in libro 2001, page 195, of same records.
11. Quit-Claim Deed from Julia B. Robbins and husband, dated
December 27, 1890, conveying Lot 7 in Block 5, containing 7,200
square feet of land, with the beach, flats and riparian rights, etc.
Recorded in libro 2001, page 199, of same records.
12. Quit-Claim Deed from George A. Bruce and wife, dated De-
cember 27, 1890, conveying Lot 1 in Block 2, containing 14,130 square
feet of land, with the beach, flats and riparian rights, etc. Recorded
in libro 2001, page 200, of same records.
13. Deed from Francis E. Galloupe and wife, dated December 27,
1890, conveying Lots 6 and 7 in Block 2, containing 34,534 square
feet of land, with the beach, flats, riparian rights and dwelling.
Recorded in libro 2001, page 343, of same records.
14. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated December 27, 1890, conveying Lots 1, 3, 5, 6, 7, 8, 11 and 13 in
Block 3, containing 238,200 square feet of land. Recorded in libro
2001, page 203, of same records.
15. Quit-Claim Deed from Amos H. Miller and wife, dated Decem-
ber 29, 1890, conveying Lot 5 in Block 2, containing 12,900 square
feet of land, with beach, flats and riparian rights (see restrictions).
Recorded in libro 2001, page 196, of same records.
16. Quit-Claim Deed from Arthur D. McClellan and wife, dated
December 30, 1890, conveying Lot 11 iin Block 5, containing 8,030
square feet of land; also Lot 11 in Block 3, containing 5,187 square
feet of land. Recorded in libro 2001, page 198, of same records.
17. Quit-Claim Deed from William O. Hunt, dated December 31,
1890, conveying Lot 7 in Block 3, containing 5,650 square feet of land.
Recorded in libro 2001, page 193, of same records.
18. Quit-Claim Deed from Edward R. Howe and wife, dated Janu-
ary 2, 1891, conveying Lot Xo. 6 in Block 3, containing 5,561 square
feet of land. Recorded in libro 2001, page 194, of same records,
176 UNITED STATES MILITARY RESERVATIONS, ETC.
19. Deed from Charles Davis, Jr., et al., Trustees, etc., dated Janu-
ary 5, 1891, conveying a Lot at the easterly end of Groyers Cliff, con-
taining 238,200 square feet of land, with the flats, riparian rights, etc.
Recorded in libro 2001, page 340, of same records.
20. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated April 17, 1891, conveying lands in rear of lots 4 and 5 in Block
5, and lands in rear of Lots 7, 8, 9, 10 and 11 in Block 5, by metes
and bounds (shore line). Recorded in libro 2001, page 190, of same
records.
21. Deed from Nellie A. Hut chins, Guardian, etc., dated October
23, 1891, conveying Lots 2 and 4 in Block 4 and Lot 8 in Block 3,
containing 15,075 square feet of land. Recorded in libro 2073, page
356 of same records.
22. Quit-Claim Deed from William B. Rice, dated May 5, 1893,
conveying Lot 13 in Block 3, containing 5,187 square feet; Lot 6 in
Block 4, containing 4,807 square feet; Lot 6 in Block 5, containing
6,600 square feet; aggregating 16,594 square feet of land by metes
and bounds; also the land between Lot 6 in Block 5 and mean high
water. Recorded in libro 2146, page 151, of same records.
23. Quit-Claim Deed from Michael Roughan, dated June 2, 1893,
conveying Lots 8 and 9 in Block 2, containing 37,920 square feet of
land, with the flats within side lines of lots, and all riparian rights,
etc. Recorded in libro 2147, page 97, of same records.
24. Quit-Claim Deed from William, B. Rice et al., Trustees, etc.,
dated August 1, 1893, releasing all restrictions on lots 8 and 9 in
Block 2, heretofore conveyed to the United States by Michael
Roughan (No. 23 ante). Recorded in libro 2147, page 88, of same
records.
25. Quit-Claim Deed from William B. Rice et al., Trustees, etc.,
dated February 9, 1894, conveying all right, title, and interest of, in,
and to the property, and also easements in streets and alleys included
in Plan 3051 on file in the office of the Secretary of the Common-
wealth, being the plan of land purchased or to be purchased for the
purposes of National Defenses at Winthrop. Recorded in libro 2184,
page 270, of same records.
26. Decree of condemnation for Lots 8 and 9 in Block 2, containing
37,920 square feet; Lot 13 in Block 3, containing 5,187 square feet;
Lot 6 in Block 4, containing 4,807 square feet; Lot 6 in Block 5, con-
taining 6,600 square feet; a tract, including a portion of Cherry
Street, containing 25,422 square feet; a tract, including a portion of
Elm Avenue, containing 25,420 square feet, and a tract, supposed to
belong to Almira Tewksbury, containing 75,886 square feet, the whole
aggregating 181,242 square feet of land in case of The United States
v. Certain land in the Town of Winthrop, in the United States District
Court for the District of Massachusetts. Decree rendered at the
September Term, 1892, and filed with the record in the Clerk's Office
of said Court. Petition, etc., filed and recorded also in the office of
the Register of Deeds for Suffolk County in Libro 2100, page 345.
For jurisdiction see Fort Banks.
FORT INDEPENDENCE, CASTLE ISLAND.
This reservation, which includes the whole island, contains an area
of about 12 acres, from measurements taken at high water, is situated
MASSACHUSETTS. 177
in Boston Harbor about 2J miles from India Wharf, 200 yards from
City Point, and about 1,160 yards from Governor's Island, from
which it is separated by the main channel. The title is as follows :
Ceded to the United States, together with jurisdiction, by an Act of
the General Court of Massachusetts, approved June 25, 1798, which
provides as follows :
" SECTION 1. Be it enacted, etc., That an Island in the harbor of
Boston, called Castle Island, be, and hereby is granted, and ceded to
the United States, for the purpose of erecting forts, magazines,
arsenals, dock yards, and other needful buildings thereon, for the
defence of the United States ;
" SEC. 2. Be it further enacted, That the consent of this Common-
wealth, be, and hereby is granted to the United States, to purchase
an Island in the harbor of Boston, called Governor's Island, and also
a tract of land, not exceeding six hundred and forty acres, situated
in the town of Springfield, in the county of Hampshire, for the sole
purpose of erecting forts, magazines, arsenals, dock yards, and other
needful buildings; the evidence of the purchases aforesaid, to be
entered and recorded in the Registry of Deeds in the counties where
the same lands are respectively situated. Provided, always, and the
cession and consent aforesaid are granted upon the express condition,
That this Commonwealth shall retain a concurrent jurisdiction with
the United States, in and over the islands and tract of land afore-
said, so far as that all civil and such criminal processes as may issue
under the authority of this Commonwealth against any person or
persons charged with crimes committed without the said islands and
tract of land may be executed therein, in the same way and manner
as though this cession and consent had not been made and granted."
By letter of October 9, 1906, the Acting Secretary of War trans-
ferred to the Department of Commerce and Labor, for a light-house
station, a brick building and site of the same on Castle Island, at
the southwest corner of the fort ; and by letter dated April 24, 1908,
the Secretary of War transferred to the Department of Commerce
and Labor, for the purposes of a light-house depot, a tract of 1.2
acres, at the northeasterly corner of the fort : these transfers being
made upon the condition that the premises will be returned to the
War Department in the event of their being required for military
purposes.
By instrument dated March 15, 1907, the Secretary of War granted
his consent to the improvement and beautifying of the entire reserva-
tion of Castle Island, with certain exceptions, under Joint Resolu-
tion of Congress of May 1, 1890, which provides, that the title and
control of the reservation shall remain in the United States and be
" subject to such changes and uses for military or other purposes as
the Secretary of War may direct" (26 Stat. L., 671).
(See also Fort Warren.)
FORT LEE.
This reservation contains an area of 2.3 acres and is situated on
Salem Neck, in Salem, Essex County. The title is as follows:
Deed from the City of Salem, dated July 31, 1867, conveying the
site of old Fort Lee. Recorded in Book 730, Leaf 10, of the deed
records of Essex County.
16809—10 12
178
LONG POINT (PROVINCETOWN).
This reservation, containing 150 acres, is situated in Provincetown
Harbor, in Barnstable County. Title and jurisdiction ceded by an
act of the General Court of the Commonwealth, approved March 5,
1864, as follows :
"SECTION 1. Jurisdiction is hereby granted and ceded to the
United States of America, and all right of this Commonwealth to the
soil thereof, over all that portion of Long Point in Provincetown
Harbor extending from the extremity occupied by the Light-house,
to a line drawn true west through the northern point of House Point
Island, including also that island and all the flats adjacent to the
premises conveyed (and all the flats adjacent to any land now owned
by the United States on said point) and also over such other lands
belonging to said Commonwealth in said Provincetown as the United
States may take and occupy for the erection of fortifications: Pro-
vided, That a plan thereof shall be filed in the office of the Secretary
of this Commonwealth within two years from the passage of this act.
Jurisdiction is also ceded to said United States of America over all
other lands in said Provincetown to which the United States may
acquire title for the purposes aforesaid: Provided, That a plan of
said premises shall be filed with the Secretary of this Commonwealth
within one year after such title of the United States is acquired, and
consent is hereby given to the acquisition of such title: Provided,
always, That this Commonwealth shall retain concurrent jurisdiction
with the United States in and over all the lands aforesaid, so far that
all civil processes and all criminal processes issuing under the
authority of this Commonwealth, may be executed on said lands, and
in any buildings thereon or to be erected thereon, in the same way
and manner as if Jurisdiction had not been granted as aforesaid."
License, December 14, 1905, to Life-Saving Service for boathouse.
NAHANT.
(Lands at.)
This reservation contains about 45 acres, and is situated at Nahant,
in Essex County. The title is as follows :
1. Deed from Joseph T. Wilson, dated October 25, 1899, conveying
1,650 square feet. Entered in the Kegister's Office of Essex County,
with Essex Deeds, So. Dist., Libro 1646, page 410.
2. Deed from Joseph T. Wilson, dated October 25, 1899, conveying
181,845 square feet. Entered in Libro 1634, page 133, same records.
3. Deed from the Nahant Land Company, dated November 1, 1899,
conveying 126,324 square feet. Entered in Libro 1629, page 323,
same records.
4. Deed from Clara A. Jones et al., dated November 1, 1899, con-
veying 8,686 square feet. Entered in Libro 1646, page 409, same
records.
5. Deed from Clara A. Jones et al., dated November 1, 1899, con-
veying 5,775 square feet. Entered in Libro 1646, page 414, same
records.
6. Deed from Alice C. Mclntosh and husband, dated November 1,
1899, conveying 41,175 square feet, Entered in Libro 1646, page
441, same records.
MASSACHUSETTS. 179
7. Deed from the Nahant Land Company, dated November 2, 1899,
conveying 14 lots therein described. Entered in Libro 1629, page
325, same records.
8. Deed from the Nahant Land Company, dated November 3, 1899,
conveying 50,000 square feet. Entered in Libro 1629, page 347,
same records.
9. Deed from Edward J. Johnson, dated November 3, 1899, con-
veying 3,750 square feet. Entered in Libro 1629, page 337, same
records.
10. Deed from the Nahant Land Company, dated November 4,
1899, conveying 1,634 square feet. Entered in Libro 1634, page 138,
same records.
11. Deed from the Nahant Land Company, dated November 6,
1899, conveying 121,180 square feet. Entered in Libro 1634, page
136, same records.
12. Deed from Charles G. Pendleton, dated November 7, 1899, con-
veying 3,526 square feet. Entered in Libro 1629, page 340, same
records.
13. Deed from the Nahant Land Company, dated November 7,
1899, conveying 63,941 square feet. Entered in Libro 1646, page 416,
same records.
14. Deed from the Nahant Land Company, dated November 8,
1899, conveying 114,705 square feet. Entered in Libro 1646, page
411, same records.
15. Deed from the Nahant Land Company, dated November 9,
1899, conveying 19,500 square feet. Entered in Libro 1646, page 401,
same records.
16. Deed from James Morgan, dated November 27, 1899, convey-
ing 3,750 square feet. Entered in Libro 1629, page 346, same records.
17. Deed from James S. Newhall, dated January 11, 1900, convey-
ing two tracts therein described. Entered in Libro 1629, page 329,
same records.
18. Deed from Homer H. Colby, dated January 30, 1900, convey-
ing two tracts therein described. Entered in Libro 1629, page 326,
same records.
19. Deed from John A. Richardson et al., dated January 30, 1900,
conveying a tract therein described. Entered in Libro 1629, page
328, same records.
20. Deed from Euphemia Tudor, dated April 1, 1900, conveying a
tract therein described. Entered in Libro 1630, page 255, same
records.
21. Deed from John Long and wife, dated April 28, 1900, convey-
ing 3,728.5 square feet. Entered in Libro 1629, page 331, same
records.
22. Deed from Mary Ann Rooney et al., dated May 10, 1900, con-
veying a tract therein described. Entered in Libro 1652, page 466,
same records.
23. Deed from Joseph T. Wilson, guardian etc., dated May 10,
1900, conveying a tract therein described. Entered in Libro 1652,
page 406, same records.
24. Quit claim deed from Mary Ellen Rooney, dated May 10, 1900,
conveying a tract of land therein described. Entered in Libro 1652,
page 405, same records.
180 UNITED STATES MILITAKY RESERVATIONS, ETC.
25. Deed from Minnie Warner, dated July 7, 1900, conveying a
tract therein described. Entered in Libro 1646, page 399, same rec-
ords.
26. Deed from Warren P. Dudley, dated July 10, 1900, conveying
three lots aggregating 13,769 square feet. Entered in Libro 1629,
page 330, same records.
27. Deed from Mary L. Hammatt, dated July 13, 1900, conveying
11,258 square feet. Entered in Libro 1629, page 334, same records.
28. Deed from Melvin A. Atkins, dated July 13, 1900, conveying
4,652.5 square feet. Entered in Libro 1629, page 342, same records.
29. Deed from Leroy S. Smith, dated July 13, 1900, conveying
3,750 square feet. Entered in Libro 1629, page 344, same records.
30. Deed from Elias W. Bourne, dated July 17, 1900, conveying
3.530.2 square feet. Entered in Libro 1629, page 345, same records.
31. Deed from Nathan H. Reed, dated July 20, 1900, conveying
3,999 square feet. Entered in Libro 1629, page 335, same records.
32. Deed from George O. Proctor, dated July 25, 1900, conveying
3,750 square feet. Entered in Libro 1629, page 336, same records.
33. Deed from George O. Proctor, elated July 25, 1900, conveying
3.749.3 square feet. Entered in Libro 1629, page 339, same records.
34. Quit-Claim Deed from Charles F. Johnson, dated July 25,
1900, conveying a tract therein described. Entered in Libro 1629,
page 349, same records.
35. Deed from Frank E. Bruce, dated July 27, 1900, conveying
3,728.5 square feet. Entered in Libro 1629, page 333, same records.
36. Deed from Edward C. Johnson, dated July 30, 1900, conveying
31,777 square feet. Entered in Libro 1634, page 135, same records.
37. Deed from Charles F. Johnson, dated July 30, 1900, conveying
87,347.4 square feet. Entered in Libro 1646, page 434, same records.
38. Deed from George W. Davis and wife, dated July 31, 1900,
conveying 3,113.07 square feet. Entered in Libro 1629, page 341,
same records.
39. Deed from Gilbert A. Tapley, dated August 10, 1900, con-
veying 23,344 square feet. Entered in Libro 1646, page 403, same
records.
40. Deed from Eliza Bates, dated August 10, 1900, conveying 3,750
square feet. Entered in Libro 1634, page 141, same records.
41. Deed from Jacob M. Ellis and wife, dated August 10, 1900,
conveying two tracts aggregating 8,636.7 square feet. Entered in
Libro 1634, page 140, same records.
42. Deed from William. F. Bates, dated August 10, 1900, con-
veying 3,582 square feet. Entered in Libro 1634, page 132, same
records.
43. Deed from Almira C. Johnson, dated August 17, 1900, con-
veying 87,347.4 square feet. Entered in Libro 1646, page 436, same
records.
44. Deed from Mary Kennedy, dated August 22, 1900, conveying
5,872 square feet. Entered in Libro 1646, page 437, same records.
45. Deed from Edward Follen and wife, dated September 1, 1900,
conveying 17,800 square feet. Entered in Libro 1646, page 405, same
records.
46. Deed from Edward Follen and wife, dated September 1, 1900,
conveying a tract therein described. Entered in Libro 1646, page
438, same records.
MASSACHUSETTS. 181
47. Deed from Peter Sullivan, dated October 1, 1900, conveying a
tract therein described. Entered in Libro 1646, page 406, same rec-
ords.
48. Deed from Peter Lane, dated October 1, 1900, conveying a tract
therein described. Entered in Libro 1646, page 407, same records.
49. Deed from Patrick J. O'Connor, dated November 1, 1900, con-
veying 32,037 square feet. Entered in Libro 1646, page 440, same
records.
50. Deed from Almira C. Johnson, dated November 23, 1900, con-
veying 22,383.9 square feet, Entered in Libro 1646, page 413, same
records.
51. Deed from Francis H. Johnson, dated December 1, 1900, con-
veying 9,198 square feet. Entered in Libro 1652, page 408, same
records.
52. Deed from Francis H. Johnson, dated December 1, 1900, con-
veying 6,723 square feet. Entered in Libro 1652, page 410, same
records.
53. Deed from Annie W. Johnson, dated December 1, 1900, con-
veying 7,750 square feet. Entered in Libro 1652, page 402, same
records.
54. Deed from Francis H. Johnson, dated December 1, 1900, con-
veying 32,436 square feet. Entered in Libro 1652, page 401, same
records.
55. Deed from Charles F. Johnson, dated December 10, 1900, con-
veying 83,560 square feet. Entered in Libro 1646, page 404, same
records.
56. Deed from Peter Lane, dated December 21, 1900, conveying a
tract therein described. Entered in Libro 1652, page 409, same
records.
57. Deed from Arthur A. Gibson, dated December 26, 1900, con-
veying 3,750 square feet. Entered in Libro 1646, page 400, same
records.
58. Quit-Claim Deed from Mary E. Johnson, dated January 10,
1901, conveying two tracts therein described. Entered in Libro 1646,
page 439, same records.
59. Deed from Martin Larkin, dated January 28, 1901, conveying
55,776 square feet. Entered in Libro 1646, page 418, same records.
60. Quit-Claim Deed from Mary E. Johnson, dated August 8, 1901,
conveying a certain tract therein described. Entered in Libro 1652,
page 401, same records.
61. Deed from Joseph T. Wilson, Administrator etc., dated Sep-
tember 20, 1901, conveying an undivided fifth part of a tract therein
described. Entered in^ Libro 1652, page 404, same records.
62. Decree of condemnation in the United States District Court,
for the District of Massachusetts, dated February 5, 1904, conveying
the entire tract of about 45 acres. Entered in Libro 1736, page 204,
same records.
63. Supplemental decree of United States District Court; ^ntered
June 13, 1907 ; awarding the Town of Nahant $13,150.00 on account
of water-supply and sewer systems on said reservation. Settlement
made pursuant to said decree.
182 UNITED STATES MILITARY RESERVATIONS, ETC.
Jurisdiction was ceded by an Act of the State Legislature, ap-
proved May 6, 1902, which provides as follows :
" Section 1. The consent of the Commonwealth is hereby granted to
the United States of America to acquire, by purchase or by condem-
nation, a tract of land in the town of Nahant containing about forty-
five acres, to be described in the plans provided for in section four of
this act, which land is to be used for the purposes of national defence.
" SEC. 2. Jurisdiction over the area so acquired is hereby granted
and ceded to the United States : provided, always, that the Common-
wealth shall retain a concurrent jurisdiction with the United States
in and over the area so acquired, so far that all civil and criminal
processes issuing under the authority of the Commonwealth may be
executed on said land and in any buildings thereon or which may be
erected thereon, in the same manner as if jurisdiction had not been
granted as aforesaid; and provided, also, that the exclusive jurisdic-
tion shall revert to and revest in the Commonwealth whenever the
said land shall cease to be used for the purposes of national defence.
" SEC. 3. The United States government is hereby authorized, upon
such terms and conditions as shall be prescribed by the harbor and
land commissioners, to occupy and fill such flats belonging to the
Commonwealth, and to place such structures in or over the tide water
adjacent to the area hereby authorized to be acquired, as may be
necessary for the purposes for which said area is to be used.
" SEC. 4. This act shall be void unless a suitable plan or suitable
plans of the premises acquired by the United States under the pro-
visions of this act shall be deposited in the office of the secretary of
the Commonwealth within six months after the date of the acquisi-
tion thereof."
Conditions of section 4 of above Act were duly complied with.
Lease, revocable at will, dated July 1, 1907, to Sylvester Brown of
the premises known as the " Tri-Mountain House," for the term of
five years.
License: Revocable license, dated June 13, 1907, to the Lynn Gas
and Electric Company for aerial electric lines, along Bass Point Road
within the reservation.
FORT PHCENIX.
This reservation contains an area of 2J acres of land, and is situated
upon the left bank of the entrance to New Bedford Harbor in Bristol
County. The title is as follows:
Deed from Killey Eldridge, dated September 28, 1808, conveying
2^ acres with driftway privilege. Recorded in S. general, page 274,
etc., of the deed records of Bristol County.
FORT PICKERING.
This reservation contains an area of about 32 acres, including a
portion of Winter Island, and is situated at Salem on Hospital Point
and in the harbor, in Essex County. The title is as follows :
1. Deed from the Inhabitants of Salem, dated September 1, 1794,
conveying 2 acres and 1 rood with right of way. Recorded in Book
158, Leaf 190, of the deed records of Essex County.
2. Deed from the City of Salem, dated June 24, 1865, conveying a
portion of Winter Island. Recorded in Book 678, Leaf 291, of same
records.
MASSACHUSETTS. 183
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved March 28, 1865, which provides as follows :
" SECTION 1. Jurisdiction is hereby granted and ceded to the United
States of America, over all that portion of Winter Island in Salem
Harbor, lying above low -water mark, which may at any time have
been acquired by the United States by deed from the municipal
authorities of Salem for military purposes, including the present
Fort Pickering and buildings connected therewith : provided, that a
general plan of said premises shall be filed with the secretary of this
Commonwealth within one year after the passage of this act; and
provided also, that this Commonwealth shall retain concurrent juris-
diction with the United States, in and over all the lands aforesaid,
so far that all civil and criminal processes issuing under the authority
of this Commonwealth, may be executed on said lands, and in any
buildings thereon or to be erected thereon, in the same way and man-
ner as if jurisdiction had not been granted as aforesaid."
Revocable Licenses: License (in form of agreement), July 12, 1870,
to the Trustees of the Plumer Farm School for Boys to occupy reser-
vation and buildings thereon.
License, January 7, 1871, to the Treasury Department to place a
beacon-light and small cottage on the reservation.
License, September 19, 1879, to the Treasury Department to occupy
a portion of the reservation for light house purposes.
PITTSFIELD
(Land at).
This reservation contains an area of 21 acres and 90 square rods,
and is situated in the Town of Pittsfield, in Berkshire County. The
title is as follows:
1. Deed from William Allen, dated May 23, 1812, conveying 1
acre and buildings. Recorded in Book No. 50, page 185, of the deed
records of Berkshire County.
2. Deed from William Allen, Executor, etc., dated October 26,
1814, conveying 13 acres. Recorded in Book No. 55, page 128, of
same records.
3. Deed from William Allen, Executor, etc., dated October 26,
1814, conveying 7 acres and 90 square rods. Recorded in Book No.
55, page 170, of same records.
FORT REVERE.
This reservation contains an area of 77.505 acres, according to sur-
vey by First Lieut. G. R. Lukesh, Corps of Engineers, under the
direction of Lieut. Col. W. S. Stanton, Corps of Engineers. See
G. O. 69, W. D., May 6, 1905. Also comprises parcel, 12 feet square,
conveyed by deed No. 13, post.
It is situate at Nantasket Head, in the Town of Hull. The title is
as follows:
1. Deed from Eliza J. H. Andrew, dated September 21, 1897, con-
veying 1,524,600 square feet of land. Recorded in Book 765, page 1,
etc., of the records of Plymouth County.
2. Deed from John J. Eaton and wife, dated April 29, 1898, con-
veying 16,711 square feet of land. Recorded in Book 758, page 108,
of same records.
184 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Deed from Fitz Henry Smith and wife, dated April 29, 1898,
conveying 16,711 square feet. Recorded in Book 758, page 109, of
same records.
4. Deed from Martin L. Gate and wife, dated June 18, 1898, con-
veying 13,318 square feet. Recorded in Book 820, page 103, of same
records. The above tract was acquired by condemnation proceedings
in the U. S. District Court of Massachusetts. Decree rendered April
29, 1901.
5. Deed from Albert L. Knight, et al., dated June 28, 1898, con-
veying 103,716 square feet of land. Recorded in Book 805, page 60
etc., of same records.
6. Deed from Floretta Vining, dated June 30, 1898, conveying
100,000 square feet of land. Recorded in Book 775, page 492-3, of
same records.
7. Deed from Louis Prang, dated October 15, 1898, conveying
13,295 square feet of land. Recorded in Book 820, page 104, of same
records.
8. Deed from Lewis P. Loring et al., dated March 13, 1899, con-
veying certain land therein described. Recorded in Book 776, page
262, of same records.
9. Deed from the Battery Heights Land Company, dated April
29, 1899, conveying 347,748 square feet of land. Recorded in Book
765, page 6, etc., of same records.
10. Deed from Arthur Foote and wife, dated July 14, 1899, con-
veying 11,688 square feet of land. Recorded in Book 790, page 447,
of same records.
11. Right to enter "Battery Heights Sewer" acquired by deed
from Selectmen of the Town of Hull, dated November 20, 1902.
12. Right to lay and maintain underground cable across land of
grantors and Telegraph Avenue, conveyed by deed of Rosa P. Hein-
zen and husband, dated September 5, 1906. Recorded in Book 959,
page 164, et seq., of same records.
13. Deed from Town of Hull, County of Plymouth, dated Novem-
ber 30, 1906, conveying a parcel of land twelve feet square, on and
back of the sea-wall between Spring Street and Hull Bay, southerly
of the reservation. Recorded in Book 967, rjage 310 et seq., of same
records. (Consent to purchase and jurisdiction over this parcel,
granted and ceded by Act approved June 21, 1906; Chap. 511, Acts
of 1906).
Jurisdiction was ceded by an act of the State Legislature, ap-
proved June 8, 1898, which provides as follows:
" SECTION 1. Be it enacted, etc., The consent of the Commonwealth
of Massachusetts is hereby granted to the United States of America
to purchase two tracts of land in the town of Hull, covering parts of
the heights known as Telegraph or Nantasket Hill, and Gushing Hill,
the same to be used for national defense.
" SEC. 2. Jurisdiction over the area so purchased is hereby granted
and ceded to the United States: provided (and the cession and con-
sent aforesaid are granted upon the express condition), that the Com-
monwealth shall retain a concurrent jurisdiction with the United
States in and over the land so purchased, so far as that all civil
processes and such criminal processes as may issue under the authority
of the Commonwealth against any person or persons charged with
crimes committed without the said tracts of land may be executed
MASSACHUSETTS. 185
therein in the same manner as though this cession had not been
granted.
" SEC. 3. The United States government is hereby authorized, upon
such terms and conditions as shall be prescribed by the harbor and
land commissioners, to occupy and fill such flats belonging to the
Commonwealth, and to place such structures in or over the tide water
adjacent to the area herein authorized to be purchased as may be
necessary for the purposes for which said area is to be used.
"SEC. 4. This act shall be void unless a suitable plan or plans of
the premises purchased by the United States under the provisions of
this act shall be deposited in the office of the secretary of the Common-
wealth within one year from the passage of this act."
There being a question as to whether this Act covered the entire
reservation, its provisions were extended by act of the General Court,
approved May 25, 1905 (Chapter 455, Acts and Resolves of 1905),
providing as follows:
" SECTION 1. The provisions of chapter five hundred and twelve
of the acts of the year eighteen hundred and ninety-eight, entitled
'An act to approve the purchase by the United States of two tracts of
land in the town of Hull, and to cede jurisdiction over the same to
the national government,' are hereby extended to include all those
lands heretofore acquired by the United States and now constituting
the military reservation of Fort Revere, Massachusetts, aggregating,
with beach and flats to low water mark, about seventy-seven and one-
half acres — the same being shown on a map or survey of said reserva-
tion in June, nineteen hundred and four, by first lieutenant G. R.
Lukesh, Corps of Engineers, United States Army, under the direction
of Lieutenant Colonel W. S. Stanton, Corps of Engineers, United
States Army."
Easements: The reservation was acquired subject to an easement
in the New York, New Haven and Hartford Railroad Company for
a railway across the reservation; and subject to an easement in the
County Commissioners of Plymouth County for a road crossing the
reservation. Public easement in this road was extinguished by decree
of U. S. District Court of May 28, 1906.
Revocable License: License, May 14, 1904, to the Boston Chamber
of Commerce to maintain a marine reporting station on Nantasket
Hill. Amended by letter of Acting Secretary of War of October 28,
1904.
License, July 11, .1907, to New England Telephone and Telegraph
Company for telephone and telegraph line on the reservation.
FORT RODMAN.
This reservation contains about 69 acres of land, and is situated
near New Bedford, in Bristol County. The title is as follows :
1. Deed from Francis Allen, dated June 2, 1800, conveying 141
rods of upland (Light-House site). Recorded in Book 79, North
District, Land records of Bristol County, page 132, etc.
2. Deed from Butler H. Bixby, dated September 24, 1857, convey-
ing 60 acres of land by metes and bounds, exclusive of the light-
house tract and certain roads included therein. Recorded in Book
34, page 431, etc., of same records.
186 UNITED STATES MILITAKY RESERVATIONS, ETC.
3. Deed of release from E. W. Howland, dated June 10, 1859, con-
veying all interest in all the roads at Clark's Point subject to the
conditions of an agreement between the Special Board of Engineers
and the City of New Bedford. Recorded in Liber 40, folio 232, etc.,
of same records.
4. Ordinance of City of New Bedford authorizing Mayor and
others to bind the city in the matter of an agreement with the United
States in regard to roads. Dated March 31, 1859. In office of City
Clerk.
Jurisdiction ceded to the United States by the acts of the State
Legislature, approved April 8, 185G, and May 4, 1857, which pro-
vide as follows:
" SECTION 1. Jurisdiction is hereby ceded to the United States over
Egg Island Shoal, in the harbor of New Bedford, to include all of
said shoal above or within low-water mark, and so much thereof,
without low-water mark, as shall be bounded by lines drawn four
hundred yards distant from, and parallel to, the faces of any fort to
be built thereon. Jurisdiction is also ceded to the United States
over any tract or tracts of land on Clark's Point, in the city of New
Bedford, that may be acquired by the United States for the purpose
of building and maintaining thereon forts, magazines, arsenals, dock-
yards, wharves, and other structures, with their appendages; and
over all the contiguous shores, flats, and waters, within four hundred
yards from low-water mark; and all right, title, and claim, which
this .Commonwealth may have to or in the premises aforesaid, is
hereby granted to the United States; Provided, that this Common-
wealth shall retain a concurrent jurisdiction with the United States
in and over all the premises aforesaid, so far as that all civil proc-
esses and such criminal processes as may issue under the authority of
this Commonwealth, against any person or persons charged with
crimes committed without the premises aforesaid, may be executed
therein in the same way and manner as if jurisdiction had not been
ceded as aforesaid.
" SEC. 2. The premises over which jurisdiction is granted by this
act, and all structures and other property thereon, shall be exoner-
ated and discharged from all taxes and assessments which may be
laid or imposed under the authority of this Commonwealth while
said premises shall remain the property of the United States, and
shall be used for the purposes intended by this act." (Approved,
April 8, 1856.)
" Be it enacted, etc., The consent of this Commonwealth is hereby
granted to the United States taking possession of such and so much
land on Clark's Point, in the City of New Bedford, as the United
iStates shall deem needful for the purpose of military defense, upon
just and full compensation being provided for the owners thereof or
of any easement in or over the same, in the manner prescribed by
law for damages sustained by individuals whose lands are taken for
public highways in this Commonwealth; but the consent so given
shall not impede the execution of any process, civil or criminal, issued
under the authority of this Commonwealth, except so far as such
process may affect the real or personal property of the United States
within the said territory." (Approved, May 4, 1857.)
MASSACHUSETTS. 187
•
SALEM.
(Lot in.)
This property contains an area of about 16,400 square feet of land
and is situated in Salem in Essex County. The title is as follows:
Deed from John Crowningshield et al., dated June 23, 1818, con-
veying the above tract. Recorded in Book 216, Leaf 198, of the deed
records of Essex County.
SALEM GUN HOUSE.
This property contains an area of 1,600 square feet and is situated
in Salem in Essex County. The title is as follows :
Deed from the inhabitants of Salem, dated December 20, 1808,
conveying the above tract. Recorded in Book 187, Leaf 215, of the
deed records of Essex County.
SALISBURY BEACH.
This reservation contains about 2 acres and is situated at the Town
of Salisbury in Essex County. The title is as follows :
1. Deed from The Commoners of Salisbury, dated August 9, 1808,
conveying 1 acre of beach or upland and all the rocks and flats in-
cluded within described bounds. Recorded in Book 185, Leaf 210,
of the deed records of Essex County.
2. Deed from the Commoners of Salisbury, dated June 4, 1835, con-
veying 1 acre including all of Badger's Rocks. Recorded in Book
285, Leaf 51, of same records.
FORT SEWELL.
This reservation occupies the site of an old earthwork and is situ-
ated at the west entrance to Marblehead Harbor. The land was ac-
quired by virtue of an act of Congress approved March 30, 1794.
The title is as follows :
1. Deed from Russell Trevett, dated August 30, 1794, conveying a
tract of land as a part of Gale's Head, excepting the ground whereon
the fort was anciently built, with right of way, etc. Recorded in
Book 158, Leaf 197, of the deed records of Essex County.
2. Deed from the Inhabitants of the Town of Marblehead, dated
August 30, 1794, conveying part of Gale's Head anciently reserved to
said Inhabitants and hitherto occupied as a Fort with right of way,
etc. Recorded in Book 158, Leaf 197, of same records.
SPRINGFIELD ARMORY.
This reservation is situated at Springfield in Hampden County.
The title is as follows :
1. Deed from Nathaniel Patton and wife, dated June 22, 1795,
conveying 1 acre and 2 roods of land with privilege of erecting a dam,
etc. Recorded in office of the Registry of Deeds for Hampshire
County, June 23, 1795.
188 UNITED STATES MILITARY RESERVATIONS, ETC.
2. Deed from John Ashley and wife, dated September 19, 1798,
conveying 1 acre and 136 rods of land with the privilege of erecting a
dam, etc. Recorded September 19, 1798, in same records.
3. Deed from the Inhabitants of the Town of Springfield, dated
August 24, 1801, conveying 30 acres 2 roods and 14 rods. Recorded
in Liber 40, folio 216, of same records.
4. Deed from Jonathan Dwight et al., dated October 16, 1807,
conveying 139 perches of land. Recorded in Liber 47, folio 546, of
same records.
5. Deed from the Town of Springfield, dated September 2, 1808,
conveying 127 rods of land. Recorded in Liber 49, folio 310, of
same records.
6. Deed from James Byers, dated January 9, 1809, conveying lot
in Springfield; area not given. Recorded in Liber 47, folio 618, of
same records.
7. Deed from John Ashley, dated January 10, 1809, conveying 117
rods of land. Recorded in Liber 49, pages 72, etc., of same records.
8. Deed from Geralds Warner, dated March 2, 1809, conveying 7
acres and 95 rods. Recorded in Liber 50, folio 156, of same records.
9. Deed from Daniel Ashley and wife, dated April 17, 1809, con-
veying 15 acres. Recorded in Liber 50, folio 297, of same records.
10. Deed from Jonathan Dwight, jr., dated June 10, 1809, con-
veying 5 acres. Recorded in Liber 50, folio 380, of same records.
11. Deed from Jacob Bliss, dated December 13, 1809, conveying
60 rods of land. Recorded in Liber 47, folio 686, of same records.
12. Deed from William Carlisle, dated January 26, 1811, convey-
ing 6 acres and 79 rods of land. Recorded in Liber 51, folio 595, of
same records.
13. Deed from Trustees of the School Funds in Town of Spring-
field, dated May 9, 1812, conveying 16 acres 2 roods and 30 rods of
land. Recorded in Liber 49, folio 640, etc., of same records.
14. Deed from James Byers and wife, dated May 13, 1812, con-
veying 72 rods of land. Recorded in Liber 53, folio 619, of same
records.
15. Deed from James Carew and wife, dated May 13, 1812, con-
veying a lot in Springfield. Recorded in Liber 53, folio 617, of same
records.
16. Deed from Calvin Barret and wife, dated May 13, 1812, con-
veying a lot in Springfield. Recorded in Liber 53, folio 618, of same
records.
17. Deed from Obed Wright and wife, dated May 14, 1812, con-
veying 17 rods of land. Recorded in Liber 53, folio 620, of same
records.
18. Deed from Josiah Comstock and wife, dated May 16, 1812, con-
veying 36 rods, etc., of land. Recorded in Liber 53, folio 621, of
same records.
19. Deed from William Wood, Jr., and wife, dated May 26, 1812,
conveying a lot in Springfield. Recorded in Liber 53, folio 622, of
same records.
20. Deed from E. Cooley and wife, dated May 28, 1812, conveying
a lot in Springfield. Recorded in Liber 53, folio 623, of same records.
21. Deed from Lemuel Wheeler, dated June 4, 1812, conveying 0.50
acre. Recorded in Liber 53, folio 642, of same records.
MASSACHUSETTS. 189
22. Deed from George Blake and wife, dated June 5, 1817, con-
veying 8 acres and 3 roods. Recorded in Liber 62, folio 252, of same
records.
23. Deed from the Trustees of the School Funds, etc., dated Sep-
tember 30, 1817, conveying two tracts in Springfield. Recorded in
Liber 61, folio 210, of same records.
24. Deed from John Ashley, dated May 27, 1819, conveying 80
square rods and rights in bed of river. Recorded in Liber 64, folio
311, of same records.
25. Deed from Samuel Warner and wife et al., dated August 8,
1822, conveying 5 acres and 95 rods. Recorded in the office of the
Registry of Deeds in Hampden County, September 21, 1822.
26. Deed from William Carlisle, dated June 24, 1824, conveying
2 acres 1 rood and 87 rods. Recorded in Liber 71, folio 549, of same
records.
27. Deed from Thaddeus Ferro, dated June 24, 1824, containing 2
acres and 69 rods of land. Recorded in Liber 71, folio 548, of same
records.
28. Deed from Lemuel Charter, dated April 21, 1825, conveying 2
acres and 92 rods. Recorded in Liber 74, folio 633, of same records.
29. Deed from Solomon Hatch, dated September 14, 1825, convey-
ing 40 rods of land and right of way, etc. Recorded in Liber 75,
folio 186, of same records.
30. Deed from Abiram Morgan, dated December 20, 1827, con-
veying a spring of water, etc. Recorded in Liber 77, folio 724, of
same records.
31. Deed from Jonathan D wight, Jr., and wife, dated July 3, 1830,
conveying 5.50 acres. Recorded in Liber 82, folio 179, of same records.
32. Deed from Homer J. Wood and wife, dated February 22, 1845,
conveying a lot in Springfield. Recorded in Liber 128, folio 74, of
same records.
33. Deed from Walter H. Bowdoin and wife, dated May 24, 1845,
conveying a lot in Springfield. Recorded in Liber 127, folio 311, of
same records.
34. Deed from Samuel Currier and wife, dated May 26, 1845, con-
veying 28 rods of land, with reservations, etc. Recorded in Liber
128, folio 177, of same records.
35. Deed from George Bliss and wife, dated May 26, 1845, con-
veying a lot in Springfield. Recorded in Liber 128, folio 176, of
same records.
36. Deed from Persis Taylor, dated May 31, 1845, conveying 6
rods of land. Recorded in Liber 129, folio 435, of same records.
37. Deed from Benedick Fenwick, dated October 15, 1845, con-
veying a lot in Springfield. Recorded in Liber 130, folio 447, of
same records.
38. Deed from William Sheldon, dated October 23, 1845, convey-
ing lots in Springfield. Recorded in Liber 131, folio 118, of same
records.
39. Deed from James Brewer, dated July 15, 1845, conveying 12
acres and water privileges. Recorded in Liber 133, folio 126, of same
records.
40. Deed from the Inhabitants of Springfield, dated October 12,
1846, conveying by way of exchange of certain lands by authority
190 UNITED STATES MILITARY RESERVATIONS, ETC.
of an act of Congress approved March 3, 1846. Recorded in Lioer
132, folio 336, of same records.
41. Deed from James M. Crooks, dated October 2, 1846, conveying
Lots 9 and 10; also a strip 3 feet wide adjoining the same; also a
strip 3 feet wide on Sumner Street. Recorded in Liber 135, folio
410, of same records.
42. Deed from James M. Crooks, dated October 2, 1846, conveying
by release all interest in Sumner Street. Recorded in Liber 132,
folio 336, of same records.
43. Deed from James Brewer, dated October 19, 1846, conveying
by way of release all interest in certain roads. Recorded in Liber
133, folio 212, of same records.
44. Deed from James Brewer, dated October 19, 1846, conveying
a lot in Springfield. Recorded in Liber 136, folio 150, of same
records.
45. Deed from Samuel Dale and wife, dated November 16, 1846,
conveying a lot in Springfield. Recorded in Liber 132, folio 426, of
same records.
46. Deed from Walter H. Bowdoin and wife, dated November 30,
1846, conveying a lot in Springfield. Recorded in Liber 132, folio
425, of same records.
47. Deed from Walter H. Bowdoin and wife, elated December 18,
1847, conveying 120 square rods of land in Springfield. Recorded
in Liber 139, folio 483, of same records.
48. Deed from Walter H. Bowdoin and wife, dated December 18,
1847, conveying Lots 6 and 7 of Cottage Homestead, Springfield, etc.
Recorded in Liber 140, folio 234, of same records.
49. Deed from Walter H. Bowdoin and wife, et al., dated Decem-
ber 18, 1847, conveying Lot 8 of Cottage Homestead, in Springfield.
Recorded in Liber 140, folio 235, of same records.
50. Deed from George T. Bond, dated February 28, 1848, con-
veying 3 roods of land. Recorded in Liber 140, folio 219, of same
records.
51. Deed from James Indicott and wife, et al., dated March 31,
1848, conveying Lot 5 in Cottage Homestead, addition to Springfield.
Recorded in Liber 141, folio 220, of same records.
52. Deed from Walter H. Bowdoin and wife, dated September 30,
1848, conveying 2 roods of land. Recorded in Liber 145, folio 170,
of same records.
53. Deed from Reuben A. Chapman and wife, dated September 22,
1848, conveying by release, etc., a lot in Springfield. Recorded in
Liber 133, folio 215, of same records.
54. Deed from John Mills and wife, dated September 30, 1848,
conveying by release, etc., a lot in Springfield. Recorded in Book
142, page 610, of same records.
55. Deed from Jacob Ladd and wife, dated January 13, 1849, con-
veying 10 acres 3 roods and 35J rods of land. Recorded in Book 146,
page 286, of same records.
56. Deed from Corbin O. Wood and wife, et al., dated February 1,
1849, conveying 18 acres 2 roods and 51J rods of land, etc. Recorded
in Book 146, page 290, of same records.
57. Deed from Elisha Benton and wife, dated February 1, 1849,
conveying 7 acres and 4 rods of land, etc. Recorded in Book 146,
page 285, of same records.
5ITY
OF
MASSACHUSETTS. 191
58. Deed from Luman Spencer and wife, dated February 1, 1849,
conveying a tract of land in Springfield, etc. Recorded in Book 146,
page 289, of same records.
59. Deed from Seth Thayer and wife, dated February 1, 1849, con-
veying a tract in Springfield. Recorded in Book 146, page 284, of
same records.
60. Deed from Charles F. L. Warner and wife, dated February 10,
1849, conveying 3 acres 2 roods and 6 rods of land, etc. Recorded in
Book 146, page 288, of same records.
61. Deed from James- W. Crooks, Guardian, etc., dated March 22,
1849, conveying 8 acres 3 roods and 87 rods of land, etc. Recorded in
Book 146, page 313, etc., of same records.
62. Deed from Orrin C. Andrus, dated March 23, 1849, conveying
24 rods of land, etc. Recorded in Book 147, page 344, of same records.
63. Deed from Sophia Charter and husband, dated May 21, 1849,
conveying 2 acres 1 rood and 33 rods of land, etc. Recorded in Liber
150, folio 462, of same records.
64. Deed from Roswell Shurtliff and wife, dated March 18, 1851,
conveying a tract of land in Springfield, with roadway, etc. Re-
corded in Liber 159, folio 139, of same records.
65. Deed from the Trustees of the School Funds, etc., dated August
30, 1851, conveying strip of land for a sidewalk. Recorded in Liber
166, folio 95, of same records.
66. Deed from Persis Taylor, dated June 1, 1852, conveying a tract
of land in Springfield. Recorded in Liber 160, folio 300, of same
records.
67. Deed from the Western Railroad Company, dated June 19,
1852, conveying certain water rights, easements, etc. Recorded in
Liber 166, folio 96, of same records.
68. Deed from George Bliss and wife, dated July 8, 1856, conveying
4 acres and 22.92 rods of land upon condition, etc. Recorded in Book
183, page 372, of same records.
69. Deed from James T. Ames and wife, dated July 29, 1856, .con-
veying a tract of land in Springfield. Recorded in Liber 182, folio
514, of same records.
70. Deed from Thomas Knox and wife, dated October 15, 1857,
conveying a tract of land to raise height of dam, etc. Recorded in
Book 193, page 13, of same records.
71. Deed from Henry J. Fuller and wife, dated October 15, 1857,
conveying a tract of land to raise height of dam, etc. Recorded in
Book 193, page 12, of same records.
72. Deed from John Ashley and wife, dated October 17, 1857, con-
veying a tract of land to raise height of dam, etc. Recorded in Book
193, page 114, of same records.
73. Deed from Hezekiah Burt and wife, dated October 19, 1857,
conveying a tract of land to raise the height of dam, etc. Recorded
in Book 193, page 115, of same records.
74. Deed from Harmony A. Fletcher, dated October 21, 1857, con-
veying a tract of land to raise height of dam, etc. Recorded in Book
193, page 14, of same records.
75. Deed from R. S. Austin and wife, dated October 31, 1857, con-
veying certain tracts of land to raise height of dam, etc. Recorded
in Book 193, page 8, of same records.
192 UNITED STATES MILITARY RESERVATIONS, ETC.
76. Deed from Samuel Walker and wife, dated October 31, 1857,
conveying a tract of land to raise height of dam, etc. Recorded in
Book 193, page 16, of same records.
77. Deed from Philos B. Tyler and wife, dated November 2, 1857,
conveying a tract of land to raise height of dam, etc. Recorded in
Book 193, page 10, of same records.
78. Deed from Charles G. Rice and wife, dated November 4, 1857,
conveying the right to flow his land by raising dam 10 feet. Re-
corded in Book 193, page 14, of same records.
79. Deed from Jonathan Carlisle and wife, dated November 5,
1857, conveying tracts of land to raise height of dam, etc. Recorded
in Book 193, page 59, of same records.
80. Deed from Samuel Aspinwall, Guardian, etc., dated November
12, 1857, conveying tracts of land to raise height of clam, etc. Re-
corded in Book 193, page 57, of same records.
81. Deed from Elisha Benton et al., dated December 2, 1857, con-
veying lands to raise height of dam, etc. Recorded in Book 193,
page 112, of same records.
82. Deed from The City of Springfield, dated December 8, 1857,
conveying all right in certain highways and release of damage by
flowage, etc. Recorded in Book 193, page 111, of same records.
83. Deed from Seth Thayer and wife, dated December 10, 1857,
conveying a tract of land to raise height of dam, etc. Recorded in
Book 193, page 116, of same records.
84. Deed from David F. Ashley and wife, dated December 15, 1857,
conveying a tract of land to raise height of dam, etc. Recorded in
Book 193, page 132, of same records.
85. Deed from Daniel Gay and wife, dated December 24, 1857,
conveying a tract of land to raise height of dam, etc. Recorded in
Book 193, page 133, of same records.
86. Deed from Daniel Charter and Avife, dated June 10, 1858, con-
veying a tract of land to raise height of dam, etc. Recprded in Book
195, page 127, of same records.
*87. Deed from Edward Ingersoll and wife, dated May 14, 1859,
conveying 1 acre of land with privilege of erecting a Powder Maga-
zine with right of way, etc. Recorded in Book 198, page 153, of same
records.
88. Deed from John Ashley and wife, dated June 2, 1859, convey-
ing 41.88 rods of lancl for a highway; also a right of way for a race
way, etc. Recorded in Liber 199, folio 11, of same records.
89. Deed from Horace Kibbe and wife, dated September 3, 1860,
conveying a tract of land in Springfield with conditions. Recorded
in Book 205, page 480, of same records.
90. Deed from R. E. Ladd et al., dated July 16, 1863, conveying a
right of way and privilege of laying conduits, etc. Recorded in
Book 221, page 212, of same records.
91. Lease for ninety-nine years, etc., from Henry S. Fuller, dated
December 13, 1864, leasing a certain described tract of land in
Springfield. Recorded in Book 230, page 369, of same records.
92. Deed from James T. Ames and wife, dated February 9, 1867,
conveying a tract of land in Springfield. Recorded in Book 245,
page 436, of same records.
MASSACHUSETTS. 193
93. Deed from James T. Ames and wife, dated December 3, 1868,
conveying a tract of land in Springfield. Recorded in Book 259,
page 448, of same records.
94. Deed from R. E. Ladd and wife, dated December 17, 1868,
conveying a tract of land in Springfield. Recorded in Book 259,
page 511, of same records.
95. Deed from Edward P. Chapin and wrife, dated January 28,
1869, conveying a tract of land in Springfield. Recorded in Book
259, page 147, of same records.
96. Deed from Charles Phelps and wife, dated August 2, 1870,
conveying 3 acres of land and release of other interests. Recorded in
Book 274, page 533, of same records.
For jurisdiction see Fort Independence. See Appendix, page 475.
Revocable Licenses: License July 13, 1898, to Board of Public
Works, city of Springfield, for sewer along Mill street.
License May 13, 1901, to same, for intercepting sewer around north
shore of Water Shops Pond.
License, July 27, 1907, to Springfield Street Ry. Co. for tracks on
reservation.
License, June 21, 1909, to Springfield Gas Light Co. for gas mains
on Mill street.
FORT STANDISH (OLD).
This reservation contains an area of 6.9 acres, and is situated on
Saquish Neck at the Northern entrance to Plymouth Harbor, 4 miles
by water from the City of Plymouth, in Plymouth County. The
title is as follows:
Deed from Samuel Burgess et al., dated June 10, 1870, conveying
the tract embraced in reservation. Recorded in Book 366, page 79,
of the Registry of Deeds of Plymouth County. The above purchase
made by virtue of an act of Congress approved March 2, 1867.
For jurisdiction see Fort Andrew.
Lease for 5 years, from April 25, 1906, to A. S. Wadsworth of the
reservation with permission to erect a small house thereon.
FORT STANDISH (NEW).
This reservation comprises all of Lovell's Island, in Boston Har-
bor, Massachusetts. Area: about 62 acres. For title and jurisdic-
tion, see Fort Warren.
Under date of October 15, 1902, the Secretary of War transferred
to the Treasury Department two sites for range lights, and one site
for light -keeper's dwelling; with privilege of use of the wharf, etc.,
on the reservation.
FORT STRONG.
This reservation contains an area of about 64.804 acres, of which
44.282 acres are above mean high water and about 20.522 acres flats.
It is situated in Boston Harbor and was acquired under an act of
Congress entitled "An Act to authorize the entry and occupation of a
portion of Long Island in Boston Harbor for military purposes,"
approved March 28, 1867. The title is as follows :
16809—10 13
194 UNITED STATES MILITARY RESERVATIONS, ETC.
1. Decree of condemnation for 35.39 acres in case of the United
States v. James T. Austin and Loring H. Austin, in the Superior
Court of the County of Suffolk, Commonwealth of Massachusetts.
Decree rendered May 27, 1869, and filed, with the record in said
cause, in the Office of the Clerk of said Court.
2. Decree of condemnation for 14.29 acres and shore line, in case of
The United States v. Peter Dunbar and Thomas J. Dunbar, in the
Superior Court of the County of Suffolk, Commonwealth of Massa-
chusetts. Decree rendered January 18, 1870, and filed, with the rec-
ord in said case, in the Office of the Clerk of said Court.
3. Decree of condemnation for 15.124 acres in cause 1087, entitled
" The United States v. Certain Land on Long Island," in the District
Court of the United States for the District of Massachusetts. Decree
rendered June 1, 1900, and filed June 27, 1900, in Clerk's Office of
said Court.
4. Quit Claim Deed from the City of Boston, dated June 25, 1900,
conveying above 15.124 acres. Deed Recorded in Liber 2698, page
440, of the records of Suffolk County.
On September 13, 1900, The War Department and Treasury De-
partment exchanged tracts of land containing 1 acre and 32 poles
each and certain rights of way, in order to prevent injury to the
light-house by the firing of heavy guns.
Consent to the purchase or condemnation and jurisdiction ceded
by the following acts of the General Court, etc., approved June 4,
1868, which provide as follows:
" SECTION 1. The consent of the Commonwealth is hereby granted
to the United States to purchase a tract of low land situated on Long
Island in Boston Harbor, said low land being a narrow isthmus con-
necting the East Head of Long Island with the main or central por-
tion of said Island; said isthmus belonging to T. J. Dunbar and
Peter Dunbar, Trustees, comprising by estimation about ten acres,
for the erection of military works for the defense of said harbor, for
the erection of a sea wall as a part of the system for the improvement
of said harbor for commercial purposes and for the purpose of pro-
viding a landing place for convenience in reaching the said East
Head of Long Island ; and the consent of this Commonwealth is also
hereby given to said United States to purchase, occupy and fill the
flats appurtenant to said isthmus for the aforesaid objects, and to the
extent of four hundred yards from low-water mark; provided,
always, and the consent aforesaid is granted upon the express condi-
tion and reservation that this Commonwealth shall retain concurrent
jurisdiction with the United States in and over the tract of low land,
to wit, the said isthmus, and the flats aforesaid, for the service of all
civil process and such criminal processes as may issue under the
authority of the Commonwealth against any person or persons
charged with crimes or offences against the laws of this Common-
wealth, committed without the said tract of low land, to wit, the said
isthmus and flats, and that said civil and criminal processes may be
executed thereon in the same way and manner, and with the same
effect, as if the consent aforesaid had not been granted.
(Section 2 provides for condemnation in case of a failure of agree-
ment of sale and purchase. Act approved June 4, 1848, Chapter
292.)
MASSACHUSETTS. 195
" SECTION 1. The consent of this Commonwealth is hereby granted
to the United States to purchase a tract of upland situated on Long
Island in Boston Harbor, and known as the East Head of Long
Island, belonging to James T. Austin and Loring H. Austin, com-
prising, by estimation, about twenty-four acres, for the erection of
military works for the defense of said harbor, and for the erection of
a sea wall as a part of the system for the improvement of said harbor
for commercial purposes, and to purchase, occupy and fill the flats
appurtenant to said tract for the aforesaid objects, and to the extent
of four hundred yards from low-water mark; provided, always, and
the consent aforesaid is granted upon the express condition and reser-
vation that this Commonwealth shall retain concurrent jurisdiction
with the United States in and over the tract of upland and the flats
aforesaid, for the service of all civil process and of such criminal
processes as may issue under the authority of the Commonwealth
against any person or persons charged with crimes or offences against
the laAvs of this Commonwealth, committed without the said tract of
uplands and flats, and that said civil and criminal processes may be
executed thereon in the same way and manner and with the same
effect as if the consent aforesaid had not been granted."
(Section 2 provides for condemnation in case of failure of agree-
ment of sale and purchase. Act approved June 4, 1868, Chapter
293.)
See also Act approved March 28, 1900.
Revocable Licenses: License, January 26, 1884, to the Treasury
Department to occupy a portion of the reservation with the buildings
thereon for light house purposes. Location changed, September 13,
1900.
License, November 22, 1887, to the New England Telephone and
Telegraph Company to maintain and use a telephone line upon the
reservation.
License February 6, 1900, to the city of Boston to land a subma-
rine cable on the reservation to connect the quarantine station at
Gallop's Island with the city of Boston.
License, January 23, 1902, to the city of Boston to lay a 12-inch
water main on the reservation.
FORT WARREN.
This reservation contains an area of about 28 acres and includes the
whole of Georges Island, in Suffolk County. It is situated near the
outlet entrance to Boston Harbor, and is about 7-J miles from the City
of Boston by the main ship channel. The title is as follows :
Deed from the City of Boston, dated June 22, 1825, conveying
George's and Lovell's Islands. Recorded in Liber 301, folio 9, of the
deed records of Suffolk County.
Jurisdiction was ceded to the United States by an act of the State
Legislature, passed February 7, 1846, which provides as follows:
" SECTION 1. Jurisdiction is hereby granted and ceded to the United
States over two islands in Boston harbor, known as George's Island
and Lovell's Island, upon the former of which the United States are
erecting works of fortification known as Fort Warren.
196 UNITED STATES MILITARY RESERVATIONS, ETC.
" SEC. 2. The consent of this Commomvealth is hereby granted to
the United States to purchase an island in the harbor of Boston,
called Governor's Island, for the purpose of erecting thereon forts,
magazines, arsenals, dockyards, and other needful buildings; the evi-
dence of the purchase aforesaid to be entered and recorded in the
registry of deeds, in the county of Suffolk, and Commonwealth of
Massachusetts; and the jurisdiction over the said Governor's Island
is hereby granted and ceded to the United States: Provided, always,
and the cession and consent aforesaid are granted upon the express
condition that this Commonwealth shall retain a concurrent juris-
diction with the United States in and over the islands aforesaid, so
far as that all civil processes, and such criminal processes as may issue
under the authority of this Commonwealth against any person or
persons charged with crimes committed without the said islands, may
be executed therein in the same way and manner as though this ces-
sion and consent had not been made and granted.
" SEC. 3. The property over which jurisdiction is granted by this
act shall be exonerated and discharged, from all taxes and assess-
ments which may be laid or imposed under the authority of this Com-
monwealth, while the said islands shall remain the property of the
United States, and shall be used for the purposes intended by this
act."
WATERTOWN ARSENAL.
This reservation contains an area of about 87.4 acres, and is situ-
ated at Watertown, in Middlesex County. The title is as follows:
1. Deed from Thomas Learned and wife, dated September 23,
1816, conveying 20 acres 3 roods and 39 poles of land. Recorded in
Book 219, page 56, of the deed records of Middlesex County.
2. Decree of condemnation for six parcels, aggregating 19 acres
1 rood and 4 perches of land, adjoining land purchased from Learned,
in case of the United States v. John Baxter et al., in the Circuit Court
of Common Pleas for the Middle Circuit for the County of Middle-
sex. Decree rendered October 23, 1816, and filed with the record in
said cause in the Clerk's office of said Court at Concord, in said
County.
3. Deed from Jonathan Child et al., dated July 28, 1830, conveying
3 acres 3 roods and 13 rods of land. Recorded in Boolt 299, page
324, of the deed records of Middlesex County.
4. Deed from John Baxter et al., dated September 28, 1830, con-
veying 1 rood 8 poles and 354 square links of land. Recorded in
Book 298, page 514, of same records.
5. Decree of condemnation of same tract, in case of the United
States v. Elizabeth Bates et al., before the County Commissioners at
Cambridge, in Middlesex County. Decree rendered and filed with
the record in the office of the County Commissioners at Cambridge,
in Middlesex County, March 30, 1831.
6. Deed from Thomas Learned and wife, dated April 15, 1839,
conveying 10 acres of land. Recorded in Book 381, page 296, of the
deed records of Middlesex County.
7. Deed from William Sears and wife, dated September 23, 1867,
conveying 44 acres of land. Recorded in Book 1018, page 230, of
same records.
MASSACHUSETTS. 197
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved June 17, 1816, which provides as follows:
" SECTION 1. Be it enacted, etc., That the consent of this Common-
wealth be, and hereby is, granted to the United States, to purchase a
tract of land not exceeding sixty acres, situated in the town of Water-
town, in the county of Middlesex, on the left bank of Charles River,
about one mile below the Watertown bridge, so called, for the purpose
of erecting forts, magazines, arsenals, dock yards, and other needful
buildings; the evidence of the purchase aforesaid to be entered and
recorded in the registry of deeds in the said county of Middlesex:
Provided always, And the consent aforesaid is granted upon the
expressed condition that this Commonwealth shall retain a concurrent
jurisdiction with the United States in and over the tract of land
aforesaid, so far as that all civil and such criminal processes as may
issue under the authority of this Commonwealth against any person
or persons charged with crimes committed without the said tract of
land may be executed therein, in the same way and manner as though
this consent had not been made or granted."
Easement: Deed of the Secretary of War, dated May 19, 190G,
under Act of Congress approved April 28, 1904 (33 Stat. L., 490),
conveying to the Commonwealth of Massachusetts certain land for
a right-of-way for park drive along the Charles River.
Revocable Licenses: License, December 28, 1894, to the New Eng-
land Telephone and Telegraph Company to maintain and use its line
of poles already constructed on the reservation.
License, October 28, 1904, to Town of Watertown to lay and main-
tain a drain through the arsenal grounds.
FORT WINTHROP.
This reservation embraces the whole of what is known as Gov-
ernor's Island, situated in Boston Harbor, and contains 72 acres. The
title is as follows :
1. Deed from James Winthrop, dated May 18, 1808, conveying 6
acres of Governor's Island. Recorded in Liber 225, folio 193, of the
deed records of Suffolk County.
2. Quit claim deed from Charles A. Bigelow and wife, dated Feb-
ruary 23, 1846, conveying all interest in Governor's Island. Deed
recorded in Liber 558, folio 1, of same records.
Jurisdiction was ceded to the United States by acts of the State
Legislature, approved June 25, 1798, and February 7, 1846, (See acts
under Fort Independence and Fort Warren), and by the following
act, passed March 12, 1808 :
"Be it enacted, etc., That all the provisions in the act, to which
this act is in addition, relative to the purchase, jurisdiction, and ten-
ure of Governor's Island, in the harbor of Boston, shall be construed
to extend, and shall extend to any part or portion of said Island,
which may be selected or designated on the part and behalf of the
United States, by their proper officers, for the purposes expressed in
said act: Provided, however, That all those parts of said Island,
which shall not be taken to the use of the United States within two
years from the passing of this act, shall remain free from any claim
of the United States, in virtue of the act to which this is in addition."
198 UNITED STATES MILITARY RESERVATIONS, ETC.
MEXICO.
MEXICO NATIONAL CEMETERY".
This burial site contains 2 acres and is situated near the City of
Mexico, at San Cosme. The grounds were purchased pursuant to an
act of Congress approved September 28, 1850, for a cemetery or
burial ground for such officers and soldiers of the United States
Army in the war with Mexico as fell in battle or died in and around
said city, and for the interment of American citizens who have died
or may die in said city. The title is as follows :
Deed from Don Manuel Lopez, dated June 26, 1851, conveying said
tract. Recorded at the City of Mexico, and a copy placed on file in
the United States Legation in that city.
MICHIGAN.
GENERAL ACT OF CESSION.
" SECTION 1. That the United States of America shall have power
to purchase, or to condemn, in the manner prescribed by its laws,
upon making just compensation therefor, any land in the State of
Michigan required for custom-houses, arsenals, light-houses, National
Cemeteries, or for other purposes of the government of the United
States.
" SEC. 2. The United States may enter upon and occupy any land
which may have been or may be purchased or condemned, or other-
wise acquired, and shall have the right of exclusive legislation and
concurrent jurisdiction together with the State of Michigan, over
such land and the structures thereon, and shall hold the same exempt
from all State, county, and municipal taxation." (Act of March 21,
1874. Compiled Laws, 1897, Vol. 1, p. 451.)
FORT BRADY.
This reservation contains about 73 acres, with metes and bounds
as given in G. O. No. 99, W. D., May 28, 1906. It is situated west of
and adjoining the city of Sault Ste. Marie, in Chippewa County.
The land was acquired under the provisions of an Act of Congress
approved July 8, 1886. The title is as follows :
1. Deed from Thomas Ryan and wife, dated December 18, 1886,
conveying 80 acres with exceptions. Recorded in Liber 19, page 340,
of the deed records of Chippewa County.
2. Quitclaim deed from the city of Sault Ste. Marie, dated May
22, 1888, conveying certain streets, roads, etc. Recorded in Liber 17,
page 581, of same records.
For jurisdiction see General Act of Cession.
Revocable Licenses: License, September 7, 1900, to the town of
Sault Ste. Marie to maintain a street across the northwest corner of
the reservation.
License, March 9, 1906, to the Michigan State Telephone Company,
for private telephone service.
MICHIGAN. 199
TARGET RANGE (FORT BRADY).
This reservation contains 2,960 acres more or less. It was reserved
and set apart for a rifle range and other military purposes in connec-
tion with the post of Fort Brady, by Executive Order, dated Janu-
ary 19, 1895.
For jurisdiction see General Act of Cession.
LAKESIDE CEMETERY.
This burial ground contains about 12,000 square feet of ground. It
is situated at Port Huron, in St. Clair County. The title is as fol-
lows :
Deed from the city of Port Huron, dated October 14, 1881, con-
veying Lots 144 to 159, inclusive. Recorded in the office of the City
Clerk of Port Huron.
For jurisdiction see General Act of Cession.
FORT MACKIXAC.
This reservation originally contained about 2 square miles, and is
situated in the southeastern part of Mackinac Island in the straits of
the same name. It was reduced by the survey establishing the
national park on that island in 1875 to 103.4 acres.
Originally established by the British in 1780, it was ceded to the
United States by treaty in 1795. In 1812 the fort was captured by
the British and in 1814 the United States forces were defeated in an
attempt to recapture it. In the spring of 1815 it was surrendered to
the United States and continued to be occupied for military purposes
practically the whole time until it was turned over to the State
of Michigan for the purposes of a public park, under authority of
Act of Congress, dated March 21, 1895 (28 Stats. L., 946). This
Act provides that if the reservation shall cease to be used for such
purposes, or is used for any other purposes, it shall revert to the
United States.
MACKINAC ISLAND NATIONAL PARK.
This reservation consists of so much of the island as was formerly
held by the United States under military reservation or otherwise
(excepting the Fort Mackinac and so much of the reservation thereof
as bounds it to the south of the village of Mackinac, and to the west,
north and east respectively by lines drawn north and south, east and
west, at a distance from the flag pole of 400 yards).
Title was acquired by Treaty with Great Britain about 1795. The
reservation, said to have been declared by the President, November
8, 1827, was set apart as a national public park for health, comfort
and pleasure, for the benefit and enjoyment of the people, by Act of
Congress approved March 3, 1875. (18 Stats. L., 517). It was
turned over to the State of Michigan for the purposes of a public
park, under authority of Act of Congress, dated March 21, 1895
(28 Stats. L., 946). This Act provides that if the reservation shall
cease to be used for such purposes, or is used for any other purposes,
it shall revert to the United States.
200 UNITED STATES MILITAKY RESERVATIONS, ETC.
MILITIA TARGET RANGES!
Ann Arbor Target Range. This range is situated near the city
of Ann Arbor, in Washtenaw County, and comprises an area of
about 10.5 acres. The title is as follows :
1. Deed from Frederick H. Aprill, et ux., dated July 13, 1908, con-
veying 5.5 acres. Recorded in Liber 176, page 7, of the Deed Rec-
ords of Washtenaw County.
2. Deed from Henry Shwab, et ux., dated July 13, 1908, convey-
ing 5 acres, more or less. Recorded in Liber 176, page 6, of same
records.
3. Deed from the Ann Arbor Savings Bank, dated July 14, 1908,
releasing mortgage on property conveyed by deed No. 2, supra.
Recorded in Liber 11, Discharge and Release of Mortgages, page 556,
of same records.
Big Rapids Target Range. This range is situated near the city
of Big Rapids, in Mecosta County, and comprises an area of about 25
acres. The title is as follows:
1. Deed from Sarah E. Escott, guardian, datqd December 28,
1908; and deed from Eli V. Falardeau, et al., dated December 31,
1908, conveying 23.50 acres. Recorded, respectively, in Liber 94,
page 267, and Liber 98, page 239, of the Deed Records of Mecosta
County.
2. Deed from Andrew Smith, unmarried, dated March 15, 1909,
conveying 1.54 acres. Recorded in Liber 98, page 214, of same
records.
Detroit Target Range. This range is situated near the city of
Detroit, in Wayne County, and comprises an area of 101.64 acres.
The title is as follows:
1. Deed from The Dime Savings Bank, dated May 4, 1907, con-
veying 70.13 acres. Recorded in Liber 701, page 74, of the Deed Rec-
ords of Wayne County.
2. Deed from John Vanderven, et ux., dated May 1, 1907, convey-
ing 21.36 acres. Recorded in Liber 691, page 14, of same records.
3. Deed from Antoine Maier, et ux., dated Mav 1, 1907, conveying
10.15 acres. Recorded in Liber 691, page 11, of same records.
Flint Target Range. This range is situated near the city of Flint,
in Genesee County, and comprises an area of 80 acres. The title is
as follows :
Deed from Fred N. Foote, et nx., dated June 28, 1909, conveying
above tract. Recorded in Liber 203, page 467, of the Deed Records
of Genesee County.
Grand Rapids Target Range. This range is situated near the city
of Grand Rapids, in Kent County, and comprises an area of 118.6
acres. The title is as f ollows :
1. Deed from The Grand Rapids Savings Bank, dated March 19,
1907, conveying 41 acres. Recorded in Liber 357, page 367, of the
Deed Records of Kent County.
2. Deed from the Grand Rapids Battalion, dated March 20, 1907,
conveying 77.6 acres. Recorded in Liber 352, page 389, of same
records.
3. Quitclaim deed from Delia G. Bailey, et al., dated April 1,
1907, conveying same premises covered by deed No. 2, supra. Re-
corded in Liber 352, page 390, of same records.
MICHIGAN. 201
Kalamazoo Target Range. This range is situated in Kalamazoo
County, and comprises an area of 10 acres. The title is as follows:
Deed from Frederick Shillito, et ux., dated December 24, 1908, con-
veying 10 acres. Recorded in Liber 146, page 337, of the Deed Rec-
ords of Kalamazoo County.
Saginaio Target Range. This range is situated near the city of
Saginaw, in Saginnw County; and comprises an area of about 26.75
acres. The title is as follows:
Deed from Robert V. Mundy, et al.< dated January 8, 1909, con-
veying about 26.75 acres.. Recorded in Liber 264, page 218, of the
Deed Records of SaginaAv County.
FORT WAYNE.
This reservation contains an area of about 65 acres with metes and
bounds as announced in G. O. No. 99, W. D., May 28, 1906. It is
situated on the Detroit River, in Wayne County, near the City of
Detroit. The title is as follows :
1. Quit claim deed from Robert A. Forsyth and wife, dated June
3, 1842, conveying 23.36 acres. Recorded in Liber 21, folio 401, etc.,
of the deed records of Wayne County.
2. Deed from Benjamin B. Kercheval and wife, dated June 3, 1842,
conveying 23.36 acres. Recorded in Liber 21, folio 402, etc., of same
records.
3. Deed from William Dwight and wife, dated April 15, 1844, con-
veying 41.86 acres. Recorded in Liber 24, folio 394, etc., of same
records.
4. Deed from Arthur J. Robertson, dated October 7, 1844, convey-
ing 7.48 acres. Recorded in Liber 24, folio 394, etc., of same records.
In order to establish the western boundary of the reservation, the
Secretary of War, under authority of Act of Congress, approved
April 28, 1904 (33 Stats. L., 497), executed a quit-claim deed under
date of September 1, 1904, to the Detroit Edison Company, relin-"
quishing all claim to lands west of the line agreed upon ; the Detroit
Edison Company executing the following deed for all lands east of
said line :
5. Quit claim Deed from the Detroit Edison Company, dated July
2, 1904. Recorded in Libro 587 of Deeds, page 414, of same records.
Jurisdiction was ceded to the United States by an act of the State
legislature approved February 9, 1842, which provides as follows :
" SECTION 1. Be it enacted, etc., That the jurisdiction of the State
be, and the same is hereby ceded to the United States, over any tract
of land, not exceeding two hundred acres, that may be purchased by
the United States, for the purpose of erecting thereon a fortification
for the defense of Detroit : Provided, That if in the execution of the
work for which the said cession is made it should become necessary to
vacate any road or highway now running through the said land,
another road or highway of equal width, ranging as little as may be,
consistent with the military object in view, from the present route of
said road or highway, shall be opened and put in good condition for
traveling, at the expense of the United States."
See also General Act of Cession.
202 UNITED STATES MILITARY RESERVATIONS, ETC.
Revocable Licenses: License, November IT, 1902, to the Detroit City
Gas Company to lay and maintain its gas mains within the reserva-
tion.
License, November 5, 1908, to Michigan State Telephone Co. for
telephone line.
License, Oct. 27, 1909. to Edison Illuminating Company for elec-
tric line to furnish electric current to the Post.
MINNESOTA.
GENERAL ACT OF CESSION.
" SECTION 1. Be it enacted, etc., That the consent of the State of
Minnesota is hereby given, in accordance with the seventeenth clause,
eighth section of the first article of the constitution of the United
States, to the acquisition by the United States, by purchase, con-
demnation or otherwise, of any land in this state required for custom
houses, court houses, post offices, arsenals, or other public buildings
whatever, or for any other purposes of the government.
" SECTION 2. That exclusive jurisdiction in and over any land so
acquired by the United States shall be, and the same is hereby ceded
to the United States, for all purposes except the service of all civil
and criminal process of the courts of this state, but the jurisdiction so
ceded shall continue no longer than the said United States shall own
such lands.
" SECTION 3. The jurisdiction ceded shall not vest until the United
States shall have acquired the title to the said lands by purchase, con-
demnation or otherwise; and so long as the said lands shall remain
the property of the United States when acquired as aforesaid, and no
longer, the same shall be and continue exempt and exonerated from
all state, county and municipal taxation, assessment, or other charges
which may be levied or improved under the authority of this state.'1
(Approved March 22, 1899. General Laws of Minn., 1899, p. 85,
ch. 83.)
FORT SNELLING.
This reservation, originally called Fort St. Anthony, contains
about 2,381.75 acres, with metes and bounds as given in G. O. No.
34, W. D., March 14, 1908. It is situated on the crest of a bluff
formed by the junction of the valleys of the Mississippi and Minne-
sota Rivers. The reservation was originally obtained by treaty with
the Sioux Indians in 1805, ratified by the Senate in 1808. By Act of
August 26, 1852, the reservation was defined and reduced. On May
25, 1853, the President set aside a reservation of 7,000 acres, which
was reduced to 0,000 acres the November following. It was first
garrisoned in 1822, and continued so until 1856. The reservation
except two small tracts was sold June 6, 1857, to Franklin Steele, but
payment not having been made according to terms of sale, and no
conveyance having been made, the United States entered into posses-
sion and occupancy of the reservation, April 23, 1861. Pursuant to
Act of May 7, 1870, a reservation of 1,531.21 acres was set apart and
settlement was made with Mr. Steele by which he released all claims
thereto in consideration of release of balance of purchase money and
conveyance to him of remainder of original reservation.
MINNESOTA. 203
An addition for Target Range was acquired by expropriation pro-
ceedings in the United States District court for the District of Min-
nesota, under decree of March 22, 1905 ; filed March 23, 1905, and
recorded in Volume 9 of Term minutes of said Court at pages 134-
136. The addition contains about 850 acres, exclusive of the " Bloom-
ington Road to St. Paul." See G. O. Xo. 67, W. D., May 3, 1905.
A further addition of 0.5-4. acre was acquired by deed from Rosa
P. Vincent, unmarried, dated November 27, 1906 ; and deed from the
Long Meadow Gun Club, dated December 1, 1906; both recorded in
Book 632 of Deeds, page. 104, Office of Register of Deeds, Hennepin
County.
A bridge site consisting of Lots 20, 22, 23, and part of Lots 28 and
32, in F. Steele's subdivision of Lot 2, section 21, in St. Paul, Minne-
sota, was acquired as follows :
1. Deed from Rosa P. Vincent, widow, dated April 29, 1907.
Recorded in Book 519 of Deeds, page 567, Office of Register of Deeds,
Ramsey County.
2. Deed from Katherine B. Appleby, widow, dated April 29, 1907.
Recorded in Book 519, page 581, of same records.
3. Deed from Caroline H. Addison, et rir, dated April 29, 1907.
Recorded in Book 519, page 566, of same records.
4. Decree of United States District Court, May 23, 1908. Filed
in Book 541 of Deeds, page 193, of same records.
5. Condemnation proceedings in the U. S. District Court, District
of Minnesota, in re easement in lands in the county of Hennepin, for
bridge purposes, between the reservation and the city of St. Paul, on
the right of way of the Chicago, Milwaukee and St. Paul Railway
Compamr. Decree rendered October 6, 1909, and filed on same date
in Office of Clerk of said court. Recorded in Book 123 of Misc.,
p. 573, Office of Register of Deeds, Hennepin County, Minnesota.
For jurisdiction see General Act of Cession.
Easement: Act of Congress, approved June 20, 1878, provided for
the building of a bridge across the Mississippi River to abut upon the
reservation, and for a right of way across the reservation to said
bridge.
The Chicago, Milwaukee and St. Paul Railway Company owns in
fee a right of way through the reservation, which was acquired prior
to Act of May 7/1870.
Revocable 'Licenses: License; April 13, 1905, to The Minneapolis
Street Railroad Company for an electric street railway.
License; May 13, 1909, to the Minneapolis Street Railway Com-
pany to construct an extension of its tracks on the reservation.
ST. PAUL QUARTERMASTER AND COMMISSARY DEPOT.
This reservation contains an area of about 15,500 square feet of
ground, and is situated in St. Paul proper, being Lot 3 and part of
Lot 4 of Block 31. The property was acquired under an Act of Con-
gress approved August 7, 1882, and the title is as follows :
Deed from the city of St. Paul, dated August 19, 1882, conveying
Lot 3 and part* of Lot 4 in Block 31, in St. Paul proper. Recorded
in Book 111, pages 19-£ to 197, of the deed records of Ramsey County
at St. Paul.
204 UNITED STATES MILITARY RESERVATIONS, ETC.
Jurisdiction was supposed to have been ceded to the United States
l>v an act of the State Legislature approved February 26, 1883, but
the cession was later declared by the Attorney General of the United
States to be of no effect, and it was accordingly superseded by the
Act of March 22, 1899, for which see General Act of Cession.
Revocable License: October 5, 1904, to Farwell, Ozman, Kirk & Co.,
for temporary excavation and extension of footings, at a depth of
about twenty feet, over boundary, so much of the material as is
placed in the soil of the United States to become the property of the
United States.
MISSISSIPPI.
GENERAL ACT OF CESSION.
" SECTION 2395. The governor upon application made to him in
writing on behalf of the United States for the purpose of acquiring
and holding lands, or using any part of a public road of any county
within the limits of this state for the purpose of making, building or
constructing levees, canals or any other works in connection with the
improvement of rivers and harbors, or as a site for a fort, magazine,
arsenal, dock yard, court house, custom house, light house, post office,
or other needful building, or for the purpose of locating and main-
taining national military parks, or for any other public works or pur-
poses, accompanied by proper evidence of the purchase of such lands,
or the consent of the board of supervisors of the proper county for
such public roads to be used for said purpose, is authorized for the
state to cede jurisdiction thereof to the United States for the purpose
of the cession and none other." (Section 2395, Annotated Code of
Mississippi, 190G, embodying section 2178 of Code of 1892, as amended
in 1894, in 1896, and by Chapter 67, Acts of 1900.)
2396. The concession of jurisdiction to the United States over any
part of the territory of the state, heretofore or hereafter made, shall
not prevent the execution on such land of any process, civil or crimi-
nal, under the authority of this state, nor prevent the laws of this
state from operating over such land; saving to the United States
security to its property writhin the limits of the jurisdiction ceded, and
exemption of the same, and of such land from taxation under the au-
thority of this state during the continuance of the cession. (Section
2396, idem, embodying section 2179, of Code of 1892.)
CORINTH NATIONAL CEMETERY.
This reservation contains an area of 20 acres, and is situated at
Corinth, in Alcorn County. The title is as follows :
1. Deed from Calvin F. Vance and wife, et al., dated February 1,
1868, conveying 20 acres of land, by metes and bounds, being a por-
tion of Section 12, Township 2, of Range 7 East, etc. Recorded in
Deed Book B B, page 351, etc., of the deed records of Tishomingo
County.
2. Deed from M. A. Mitchell, dated October 15, 1888, conveying
land for right of way. Recorded in Book 12, page 490, of the deed
Records of Alcorn County.
MISSISSIPPI. 205
3. Deed from the City of Corinth, dated January 7, 1889, convey-
ing right of way, etc. Recorded in Book 12, page 560, of same
records.
Jurisdiction over this cemetery was ceded to the United States by
the following act of the State Legislature, approved February 12,
•1875:
" SECTION 1. Be it enacted, etc., That exclusive jurisdiction be, and
hereby is, given to the United States to and over the following tracts
of land and appurtenances thereunto belonging, now used and occu-
pied as National Cemeteries in this State, to wit : All of a tract or
parcel of land situated near the city of Natchez, in the county of
Adams, inclosed by a brick wall, and known as the Natchez National
Cemetery ; also, all of a tract or parcel of land situated on the banks
of the Mississippi river, near the city of Yicksburg, in the county of
Warren; said tract embraces not only all that is now enclosed by a
brick wall, but also a strip lying between the southwest side of said
wall and the Mississippi river, now owned by the United States and
occupied for purposes aforesaid, and known as the Vicksburg Na-
tional Cemetery ; also, another certain tract of land, situated near the
city of Corinth, in the county of Alcorn, consisting of twenty acres
(more or less), and known as the Corinth National Cemetery; the
legal title to said several parcels of land being now in the United
States for purposes aforesaid.
" SEC. 2. Be it further enacted, That the jurisdiction hereby ceded
to the United States shall extend to the premises aforesaid, and all
improvements that are, or may be made thereon by the United States,
shall continue so long as said lands shall be used for the purpose
aforesaid, the same to be free and exempt from any and all taxes or
assessments under any law of this State, or municipal authority
thereof, nor shall they be subject to levy and sale by any process
known to the laws of this State."
NATCHEZ NATIONAL CEMETERY.
This reservation contains an area of 11.07 acres, and is situated at
Natchez, in Adams County. The title is as follows:
1. Deed from Margaret Case, et al., dated January 31, 1867, con-
veying 11.07 acres. Recorded in Book O O, page 408, etc., of the
deed records of Adams County.
2. Deed from the City of Natchez, dated October 11, 1886, convey-
ing rights of way, etc. Recorded in Book 3 A, page 398, etc., of
same records.
For Jurisdiction see Corinth National Cemetery.
SHIP ISLAND.
This reservation includes that part of Ship Island not reserved for
light-house purposes, and is situated in the Gulf of Mexico, near the
coast of Mississippi, about 14 miles from Biloxi. The title is as
follows :
As a part of the public domain the whole island was reserved for
military purposes by Executive Order dated August 30, 1847; but
by Executive Order of July 7, 1852, 50 acres at the extreme western
206 UNITED STATES MILITARY RESERVATIONS, ETC.
end of the island (including Fort Massachusetts) were set apart for
light-house purposes.
Jurisdiction was ceded by an act of the State Legislature approved
November 15, 1858, which provides as follows :
"SECTION 1. Be it enacted, etc., For the purpose of enabling the
United States to carry into effect an Act of Congress of March 3,
1857, providing for the fortification of Ship Island, Coast of Missis-
sippi, by building and maintaining such forts, magazines, arsenals,
dockyards, wharves, and other structures, with their appendages, as
may be necessary for the object aforesaid, jurisdiction is hereby ceded
to the United States over the said Ship Island, in the Gulf of Mexico,
Coast of Mississippi, to include all of said Island above and within
low-water mark, and over all the contiguous shores, flats, and waters
within seventeen hundred and sixty yards from low-water mark, and
all right, title, and claim which this State may have in or to the said
Ship Island, Coast of Mississippi, are hereby^ granted to the United
States: Provided^ That this State shall retain a concurrent jurisdic-
tion with the United States in and over all the premises aforesaid so
far that all civil process and such criminal process as may issue under
the authority of this State against any person or persons charged
with crimes committed without the premises aforesaid may be exe-
cuted therein in the same way and manner as if jurisdiction had not
been ceded as aforesaid.
" SEC. 2. The premises over which jurisdiction is granted by this
act and all structures and other property thereon shall be exonerated
and discharged from all taxes and assessments which may be laid or
imposed under the authority of this State while said premises shall
remain the property of the United States and shall be used for the
purposes intended by this act."
Revocable Licenses' License, February 28, 1880, to the National
Board of Health to occupy a portion of the reservation.
License, May 3, 1880, to the National Board of Health to occupy a
portion of the ground south of the lagoon for the care of passengers
not sick but removed from an infected ship.
License, January 31, 1881, to the Treasury Department to occupy
vacant building for the collector of customs.
License, September 6, 1893, to the Treasury Department to occupy
the " Old Griffin Building " for the deputy collector of customs.
License, May 26, 1900, to A. Murdock to sink and maintain an
artesian well on the reservation.
License, September 26, 1900, to A. Murdock to erect a keeper's
house on the reservation.
VICKSBURG NATIONAL CEMETERY.
This reservation contains an area of 40 acres and a Cemetery
Roadway, and is situated at Vicksburg, in Warren County. The
title is as follows:
1. Deed from Alvey H. Jaynes and wife, dated August 27, 1866,
conveying 40 acres.
2. Deed from the County of Warren, dated August 10, 1880, con-
veying right of way from the City of Vicksburg to the Cemetery.
Recorded in Book Y Y, page 433, etc., of the deed records of War-
ren County,
MISSISSIPPI. 207
3. Deed from Mary A. Wyman, dated September 1, 1887, convey-
ing a right of way. Recorded in Book No. 64, page 393, etc., of
same records.
4. Deed from William M. Vogleson, dated September 7, 1887, con-
veying a right of way. Recorded in Book No. 64, page 392, etc., of
same records.
5. Deed from John B. Mattingly, dated September 7, 1887, con-
veying a right of way. Recorded in Book No. 65, page 139, etc., of
same records.
6. Deed from George M. M. Linn, dated September 26, 1887, con-
veying a right of way. Recorded in Book No. 65, page 140, etc., of
same records.
7. Deed from Heirs of A. H. Arthur, dated January 10, 1888, con-
veying a right of way. Recorded in Book No. 65, page 141, etc., of
same records.
8. Deed from Thomas Rigeley, dated May 4, 1888, conveying a
right of way. Recorded in Book No. 65, page 143, of same records.
9. Condemnation of property for right of way by Board of Super-
visors, v. J. O. Linn for a right of way to cemetery, etc. Recorded in
Deed Book No. 54, page 225, etc., of same records.
The roadway described in the foregoing deeds was acquired
through the Board of Supervisors of Warren County, who derived
their authority under an Act of the State Legislature approved
March 2, 1880.
For Jurisdiction see Corinth National Cemetery.
VICKSBTJRG NATIONAL MILITARY PARK.
This reservation, containing 1,255.07 acres, situate in Warren
County, was acquired pursuant to Act of Congress approved Febru-
ary 21, 1899, for the purpose of commemorating the campaign and
siege and defense of Vicksburg. The title is as follows:
1. Deed from Kajtherine Ruffin, dated October 18, 1899, conveying
5.6 acres. Recorded in Book 92, page 176, of the records of Warren
County.
2. Deed from Simpy Gadson, dated October 18, 1899, conveying
2 acres. Recorded in Book 92, page 178, of same records.
3. Deed from Sarah J. Mosby, et al., dated October 20, 1899, con-
veying 5.6 acres. Recorded in Book 92, page 177, of same records.
4. Deed from John B. Reid, et al., dated October 24, 1899, convey-
ing 7.9 acres. Recorded in Book 92', page 179, of same records.
5. Deed from Henry L. Mayer, dated October 26, 1899, conveying
4.5 acres. Recorded in Book 92, page 188, of same records.
6. Deed from Jeff Turner and wife, dated October 27, 1899, con-
veying 0.1 acre. Recorded in Book 92, page 202 et seq., of same
records.
7. Deed from W. A. Cleaver and wTife, dated November 2, 1899,
conveying 0.2 acre. Recorded in Book 92, page 181, of same records.
8. Deed from Emma E. Barstow and husband, dated November 3,
1899, conveying 7.3 acres. Recorded in Book 92, page 175, of same
records.
9. Deed from Marcia A. Hanley and husband, dated November 7,
1899, Conveying 33.6 acres. Recorded in Book 92, page 182, of same
records.
208 UNITED STATES MILITARY RESERVATIONS, ETC.
10. Deed from Martha A. rinkston, dated November 8, 1899, con-
veying 13.3 acres with certain reservations. Recorded in Book 92,
page 189, et seq., of same records.
11. Deed from M. E. R. Hughes, et al., dated November 10, 1899,
conveying 2.8 acres. Recorded in Book 92, page 180, of same records.
12. Deed from Casimir Tag, dated November 10, 1899, conveying
23 acres. Recorded in Book 92, page 185, of same records.
13. Deed from Lewis Johnson and wife, dated November 11, 1899,
conveying 3.8 acres. Recorded in Book 92, page 187, et seq., of same
records.
14. Deed from Richard Coleman and wife, dated November 11,
1899, conveying 5.3 acres. Recorded in Book 92, page 190, et seq., of
same records.
15. Deed from John Kennare et al., dated November 13, 1899, con-
veying 16.2 acres with certain reservations. Recorded in Book 92,
page 183 of same records.
16. Deed from James H. Hill, dated November 14, 1899, conveying
.05 acre. Recorded in Book 92, page 249, et seq., of same records.
17. Deed from William J. Henry, dated November 14, 1899, con-
veying 6.3 acres. Recorded in Book 93, page 199, et seq., of same
records.
18. Deed from George Just, dated November 16, 1899, conveying
132 acres with certain reservations. Recorded in Book 92, page 199,
et seq., of same records.
19. Deed from Charles O'Connor, dated November 16, 1899, con-
veying 3.7 acres. Recorded in Book 92, page 201, et seq., of same
records.
20. Deed from Mary Shaw, dated November 16, 1899, conveying 1
acre. Recorded in Book 92, page 201, of same records.
21. Deed from S. Sorsby Booth, et al., dated November 17, 1899,
conveying 51.6 acres. Recorded in Book 92, page 243, et seq., of same
records.
22. Deed from J. G. Tichenor, dated November 20, 1899, conveying
1 acre. Recorded in Book 92, page 239, of same records.
23. Deed from John Coleman, dated November 21, 1899, convey-
ing 2 acres, with certain reservations. Recorded in Book 92, page
237, of same records.
24. Deed from Jos. N. Ring, et al., dated November 21, 1899, con-
veying 32.2 acres, with certain reservations. Recorded in Book 92,
page 238, of same records.
25. Deed from Marcella H. Smith, dated December 11, 1899, con-
veying 52.8 acres. Recorded in Book 93, page 202, et seq., of same
records.
26. Deed from Francis C. Abbott, dated December 13, 1899, con-
veying 29.8 acres with certain reservations. Recorded in Book 92,
page 251, of same records.
27. Deed from John B. Smith, dated December 13, 1899, conveying
18 acres. Recorded in Book 93, page 203, et seq., of same records.
28. Deed from Maggie D. Monroe, et al., dated December 13, 1899,
conveying 28.3 acres. Recorded in Book 93, page 252, et seq., of same
records.
29. Deed from Maggie D. Monroe, dated December 13, 1899, con-
veying 29.5 acres. Recorded in Book 92, page 254, et seq., of same
records.
MISSISSIPPI. 209
30. Deed from Chas. B. Galloway, dated December 15, 1899, con-
veying 48.3 acres. Recorded in Book 92, page 240, et seq., of same
records.
31. Deed from Elizabeth L. Cook and husband, dated December
16, 1899, conveying 3.1 acres. Recorded in Book 93, page 201, et
seq., of same records.
32. Deed from Sarah Middleton, dated December 16, 1899, con-
veving 7.3 acres. Recorded in Book 93, page 267, of same records.
33. Deed from Robert Walton and wife, dated December 21, 1899,
conveying 29.2 acres with certain reservations. Recorded in Book
92, page 255, et seq., of same records.
34. Deed from Alice Eaton, dated December 23, 1899, conveying
60.7 acres with certain reservations. Recorded in Book 92, page 247,
et seq., of same records.
35. Deed from Elizabeth Hebron and husband, dated December 25,
1899, conveying 6.4 acres. Recorded in Book 93, page 259, et seq.,
of same records.
36. Deed from J. G. Ferguson, dated December 26, 1899, convey-
ing 30.8 acres. Recorded in Book 92, page 256, of same records.
37. Deed from J. Dornbusch, dated December 26, 1899, conveying
2.3 acres. Recorded in Book 92, page 262, of same records.
38. Deed from Helen J. King and husband, et al., dated December
27, 1899, conveying 27.8 acres. Recorded in Book 93, page 197,
et seq., of same records.
39. Deed from Matilda Glover, et al., dated December 27, 1899,
conveying 1.2 acres. Recorded in Book 93, page 251, et seq., of same
records.
40. Deed from Eva B. Brabston, dated December 30, 1899, con-
veying 0.4 acre. Recorded in Book 92, page 242, of same records.
41. Deed from W. A. Thomas, et al., dated January 2, 1900, con-
veying 33.3 acres with certain reservations. Recorded in Book 93,
page 250, et seq., of same records.
42. Decree of condemnation for 4.7 acres in case No. 137, The
United States v. Olive R. Smeldes et al., in the Circuit Court of the
United States, for the Western Division of the Southern District of
Mississippi. Rendered January 3^ 1900, and recorded in Book 92,
page 272, of same records.
43. Decree of condemnation for 29.6 acres, in case 141, The United
States v. Mattie Shewalter et al., in the Circuit Court of the United
States, for the Western Division of the Southern District of Missis-
sippi. Rendered January 3, 1900, and recorded in Book 92, page 282.
of same records.
44. Decree of Condemnation for 3.4 acres, in case 143, The United
States v. Charles Reynolds et al., in the Circuit Court of the United
States for the Western Division of the Southern District of Missis-
sippi. Rendered January 3, 1900, and recorded in Book 92, page 295,
of same records.
45. Decree of Condemnation for 1.8 acres, in case 138, The United
States v. Emma A. Lanier et al., in the Circuit Court of the United
States for the Western Division of the Southern District of Missis-
sippi. Rendered January 5, 1900 and recorded in Book 92, page 265,
of same records.
46. Decree of condemnation for 11.4 acres, in case 142, The United
States v. Clara Klineman, in the Circuit Court of the United States
16800—10 14
210 . UNITED STATES MILITAKY RESERVATIONS, ETC.
for the Western Division of the Southern District of Mississippi.
Rendered January 5, 1900, and recorded in Book' 92, page 288, of
same records.
47. Decree of Condemnation for 25.7 acres, in case 139, The United
States v. W. V. Logan et al., in the Circuit Court of the United
States for the Western Division of the Southern District of Missis-
sippi. Rendered January 5, 1900, and recorded in Book 92, page 283,
of same records.
48. Deed from the Refuge Oil Mill Company, dated January 15,
1900, conveying 1.3 acres. Recorded in Book 92, page 248, et seq., of
same records.
49. Deed from F. M. Loque, Jr., and wife, dated January 15, 1900,
conveying 41.2 acres. Recorded in Book 93, page 354, et seq., of
same records.
50. Deed from the Congregation Anshe Chesed, dated January 23,
1900, conveying 19.5 acres with certain reservations. Recorded in
Book 92, page 261, of same records.
51. Deed from Thomasene H. Woolsey, et al., dated January 24,
1900, conveying 3.7 acres. Recorded in Book 93, page 268, et seq., of
same records.
52. Deed from Vicksburg Tabernacle Number 19, dated January
29, 1900, conveying 80.1 acres. Recorded in Book 93, page 293, of
same records.
53. Deed from S. V. Strong, dated February 19, 1900, conveying
2 acres with certain reservations. Recorded in Book 93, page 334, of
same records.
54. Deed from T. H. Cook and wife, dated April 12, 1900, con-
veying 61.2 acres. Recorded in Book 93, page 332 of same records.
55. Deed from Martha Giles and husband, dated April 14, 1900,
conveying 8.1 acres. Recorded in Book 92, page 346, et seq., of same
records.
56. Deed from Emma Barstow, dated April 23, 1900, conveying
1.9 acres. Recorded in Book 92, page 347, of same records.
57. Deed from Louis Hunt, dated April 25, 1900, conveying 1.1
acres. Record in Book 93, page 335, of same records.
58. Deed from C. A. Williams, et al., dated May 8, 1900, conveying
0.2 acre. Recorded in Book 92, page 349, et seq., of same records.
59. Deed from Fred Buckel, dated July 2, 1900, conveying 2.6
acres with certain reservations. Recorded in Book 92, page 348, of
same records.
60. Deed from T. J..Hossley, et al., dated July 3, 1900, conveying
4.6 acres. Recorded in Book 96, page 89, of same records.
61. Deed from Lewis Johnson and wife, dated July 16, 1900, con-
veying 4.1 acres. Recorded in Book 92, page 491, of same records.
62. Deed from Alex Terrell and wife, dated July 26, 1900, con-
veying 3.4 acres. Recorded in Book 95, page 65, of same records.
63. Deed from Eva B. Brabston, dated July 26, 1900, conveying
15.6 acres. Recorded in Book 96, page 91, of same records.
64. Deed from Mary A. B. Rigby, dated July 28, 1900, conveying
0.1 acre. Recorded in Book 96, page 70, of same records.
65. Deed from Emma E. Barstow, dated July 28, 1900, conveying
5.54 acres. Recorded in Book 96, page 15, et seq., of same records.
66. Deed from Emma E. Barstow, et al., dated July 31, 1900, con-
veying 1.8 acres. Recorded in Book 95, page 85, et seq., of same
records.
MISSISSIPPI. 211
67. Deed from Belle C. Smith and husband, dated August 1, 1900,
conveying 33.1 acres. Recorded in Book 95, page 77, et seq., of same
records.
68. Deed from Charlie Jones and wife, dated August 2, 1900, con-
veying .01 acre. Recorded in Book 95, page 76, of same records.
69. Deed from Maggie Murphy and husband, dated August 2, 1900,
conveying .02 acre. Recorded in Book 95, page 88, et seq., of same
records.
70. Deed from Eliza McClelland and husband, dated August 2,
1900, conveying .01 acre. . Recorded in Book 95, page 89, of same
records.
71. Deed from Louvinia Ernest and husband, dated August 2, 1900,
conveying 0.1 acre. Recorded in Book 95, page 90, of same records.
72. Deed from Vinie Bowie and husband, dated August 2, 1900,
conveying .01 acre. Recorded in Book 95, page 90, of same records.
73. Deed from Frances McClelland, dated August 2, 1900, convey-
ing .02 acre. Recorded in Book 95,- page 92, of same records.
74. Deed from Malinda Henry and husband, dated August 2, 1900,
conveying .05 acre. Recorded in Book 95, page 93, et seq., of same
records.
75. Deed from Lucy Gaines, dated August 2, 1900, conveying 0.01
acre.' Recorded in Book 96, page 74, of same records.
76. Deed from William Green and wife, dated August 2, 1900, con-
veying 0.7 acre. Jlecorded in Book 96, page 79, of same records.
77. Deed from Minerva Jones and husband, dated August 2, 1900,
conveying 0.06 acre. Recorded in Book 96, page 80 et seq., of same
records.
78. Deed from Ophelia McGee, dated August 3, 1900, conveying
5.2 acres. Recorded in Book 95, page 75, et seq., of same records.
79. Deed from William Murphy, dated August 3, 1900, conveying
4.9 acres. Recorded in Book 95, page 83 et seq., of same records.
80. Deed from Peter Walton, et al., dated August 3, 1900, convey-
ing 1.6 acres. Recorded in Book 96, page 94, et seq., of same records.
81. Deed from Mary Hughes, et al., dated August 4, 1900, convey-
ing 4.71 acres. Recorded in Book 95, page 69, of same records.
82. Deed from Laura J. Mackey and husband, dated August 4,
1900, conveying 2.2 acres. Recorded in Book 95, page 82, et seq., of
same records.
83. Deed from Dick Thompson and wife, dated August 4, 1900,
conveying 0.01 acre. Recorded in Book 95, page 91, of same records.
84. Deed from Maggie D. Monroe, dated August 4, 1900, conveying
0.4 acre. Recorded in Book 96, page 17, of same records.
85. Deed from M. J. Hennessey, dated August 5, 1900, conveying
0.04 acre. Recorded in Book 95, page 84, et seq., of same records.
86. Deed from John White, dated August 7, 1900, conveying 0.1
acre. Recorded in Book 96, page 72, of same records.
87. Deed from Dick Thompson and wife, dated August 8, 1900,
conveying 0.1 acre. Recorded in Book 96, page 68, et seq., of same
records.
88. Deed from Julia G. Lee, dated August 8, 1900, conveying 1.6
acres. Recorded in Book 96, page 69, of same records.
89. Deed from Robert Countryman, dated August 11, 1900, convey-
ing 1.6 acres. Recorded in Book 96, page 101, of same records.
90. Deed from Jane Currie, et al., dated August 11, 1900, convey-
ing 1.6 acres. Recorded in Book 96, page 102, et seq., of same records.
212 UNITED STATES MILITARY RESERVATIONS, ETC.
91. Deed from Henry Lee, dated August 15, 1900, conveying 0.5
acre. Recorded in Book 96, page 71, of same records.
92. Deed from Lewis A. Moss, dated August 15, 1900, conveying
.25 acre. Recorded in Book 95, page 80, et seq., of same records.
93. Deed from Isadora Countryman, dated August 15, 1900, con-
veying 1.3 acres. Recorded in Book 96, page 101, of same records.
94. Deed from Katherine Ruffin, dated August 16, 1900, conveying
1.9 acres. Recorded in Book 95, page 66, of same records.
95. Deed from Jas. H. Walsh, dated August 17, 1900, conveying
2.3 acres. Recorded in Book 96, page 67, of same records.
96. Deed from Jenny Henry, dated August 17, 1900, conveying 6.3
acres. Recorded in Book 96, page 73, of same records.
97. Deed from Ann E. Cotton, dated August 17, 1900, conveying
0.8 acre. Recorded in Book 96, page 78, of same records.
98. Deed from Lettie M. Wilson, dated August 18, 1900, conveying
7 acres. Recorded in Book 96, page 97, of same records.
99. Deed from Annie Rickson, dated August 21, 1900, conveying
0.1 acre. Recorded in Book 95, page 81, et seq., of same records.
100. Deed from H. M. Osborn, dated August 22, 1900, conveying
.02 acre. Recorded in Book 95, page 87, et seq., of same records.
101. Deed from Archie Quitman, dated September 5, 1900, convey-
ing .02 acre. Title acquired from W. J. Buell, No. Ill, infra.
102. Deed from Chas. B. Galloway, dated September 7, 1900, con-
veying 0.9 acre. Recorded in Book 96, page 81, of same records.
103. Deed from the Supervisors of Warren County, dated Septem-
ber 12, 1900, conveying 0.3 acre. Recorded in Book 95, page 68, of
same records.
104. Deed from Amanda A. Vogleson, et al., dated October 16,
1900, conveying 3.5 acres. Recorded in Book 96, page 504, of same
records.
105. Deed from J. S. Tate, dated December 15, 1900, conveying .02
acre. Recorded in Book 96, page 104, et seq., of same records.
106. Deed from Casimir Tag, dated December 28, 1900, conveying
2 acres. Recorded in Book 96, page 95, et seq., of same records.
107. Deed from Thomasene H. Woolsey, et al., dated January 8,
1901, conveying 4.9 acres. Recorded in Book 95, page 101, et seq.,
of same records.
108. Decree of condemnation for 5.9 acres, in case The United
State v. James C. Wright, in the Circuit and District Court of the
United States for the Southern District of Mississippi. Rendered
in the January term, 1901, and recorded in Book 95, page 200, of
same records.
109. Decree of condemnation for 0.2 acre, in case The United
States v. Lillie Hodge, in the Circuit and District Court of the
United States for the Southern District of Mississippi. Rendered in
the January term, 1901, and recorded in Book 96, page 502, of same
records.
110. Deed from Henry L. Mayer, dated February 21, 1901, con-
veying 1.2 acres. Recorded in Book 95, page 115, of same records.
111. Deed from W. J. Buell, dated March 13, 1901, conveying .02
acre. Recorded in Book 96, page 503, of same records.
112. Deed from W. A. Claver and wife, dated October 1, 1902,
conveying .06 acre. Recorded in Book 99, page 409, et seq., of same
records.
MISSOURI. 213
113. Deed from J. W. King, et al., dated January 14, 1903, con-
veying 5.02 acres. Recorded in Book 101, page 282, of same records.
Jurisdiction over all the above tract was ceded by 3 proclamations
of the Governor of Mississippi, dated June 28, 1901, September 23,
1903, and one without date. For authority for proclamation see
" General Act of Cession."
114. Deed from Mrs. Sarah J. Mosby, et al., dated October IT,
1903, conveying two tracts aggregating 16.63 acres. Recorded in
Book 100, page 398, of same records.
115. Deed from Jennie Henry, dated July 1904, conveying 1.29
acres. Recorded in Book 103, page 154, of same records.
116. Deed from Yicksburg Battlefield Commission of Pennsylvania,
dated March IT, 1905, conveying 2.59 acres, for Pennsylvania memo-
rial. Recorded in Book 10T, page 21 et seq., of same records.
11T. Deed from Katharine Ruffin, dated November 23, 1905, con-
veying O.T2 acre, more or less. Recorded in Book 10T, page ITS, of
same records.
118. Deed from F. M. Logue, dated November 25, 1905, conveying
9.46 acres, more or less. Recorded in Book 10T, page 221 et seq., of
same records.
119. Deed from W. H. McGee, et al., dated July 16, 1904, con-
veying 1T.9 acres. Recorded in Book 109, page 94 of same records.
120. Deed from F. M. Logue, dated August 9, 1906, conveying two
parcels of land, aggregating 5.23 acres. Recorded in Book 109, page
144, of same records.
121. Deed from Kimball F. Ferguson, dated December 10, 1909,
conveying 5.23 acres. Recorded in Book 11T, page 81, of same records.
Jurisdiction over tract 114, ante, and tracts 115 and 116, ante,
ceded by Governor's deed of June 30, 1905; over tracts 11T, 118 and
119, ante, by Governor's deed of July "26, 1906 ; and over tract 120,
ante, by Governor's deed of September 14, 1906. Jurisdiction over
the Old Yazoo City public road (now known as Road No. 81), ex-
tending from the point on said road where Confederate Avenue
begins to the north end of the bridge over Glass' Bayou, as specified
in resolution of the Board of Supervisors of Warren County, adopted
December 6, 1905, which resolution authorized the United States to
enter upon and use the same for purposes of the Park, ceded by
Governor's deed of January 18, 1906. Jurisdiction over this road
from its junction with Confederate Avenue to its junction with Union
Avenue, as authorized to be occupied by resolution of said Board
of Supervisors, adopted December 5, 1906, ceded by Governor's deed
of January 23, 190T. (See General Act of Cession for authority for
these deeds.)
MISSOURI.
ARCADIA TARGET RANGE.
This reservation contains an area of 1,2T5 acres, and is situated
about 2J miles from the railroad station at Arcadia, in Iron County,
and about 80 miles from Jefferson Barracks. See G. O. No. 66, A.
G. O., April 11, 1899.
The title is as follows:
1. Deed from H. R. Holland, dated December 23, 1895, conveying
80 acres. Recorded in Book 40, page 603, of the records of Iron
County.
214 UNITED STATES MILITARY RESERVATIONS, ETC.
2. Guardian's Deed from H. R. Holland, Guardian, etc., dated
May 16, 1898, conveying same tract. Recorded in Book 42, page
563, of same records.
3. Deed from Franklin Button and wife, et al., dated December
23, 1895, conveying 80 acres. Recorded in Book 40, page 597, of
same records.
4. Deed from John Walter and wife, dated December 23, 1895,
conveying 160 acres. Recorded in Book 40, page 607, of same rec-
ords.
5. Deed from Walter H. Fisher and wife, et al., dated December
23, 1895, conveying 156 acres. Recorded in Book 40, page 604, of
same records.
6. Deed from Azariah Martin and wife, dated December 23, 1895,
conveying 46 acres. Recorded in Book 40, page 605, of same records.
7. Deed from Elizabeth D. Button, et al., dated December 30, 1895,
conveying 90 acres. Recorded in Book 40, page 598, of same records.
8. Guardian's Deeds (four in number) from W. T. Gray, Curator,
etc., dated March 8, 1898, conveying same tract. Recorded in Book
42, pages 568, 570 to 574, of same records.
9. Deed from Achillis K. Button and wife, dated January 13,
1896, conveying 80 acres. Recorded in Book 40, page 594, of same
records.
10. Deed from Francis Dike and wife, dated February 1, 1896,
conveying 80 acres. Recorded in Book 42, page 575, etc., of same
records.
11. Deed from Malinda Bird, dated April 2, 1896, conveying 20
acres. Recorded in Book 40, page 601, of same records.
12. Guardian's Deed from W. T. Gray, Curator, etc., dated March
10, 1898, conveying same tract. Recorded in Book 42, page 561, of
same records.
13. Deed from Henry Hutchens, dated January 28, 1898, convey-
ing 23 acres. Recorded in Book 40, page 606, of same records.
14. Deed from I. G. Whitworth, dated January 31, 1898, convey-
ing 40 acres. Recorded in Book 40, page 596, of same records.
15. Deed from Wm. Henson and wife, dated March 10, 1898, con-
veying 80 acres. Recorded in Book 40, page 600, of same records.
16. Deed from J. W. Emerson and wife, dated March 10, 1898,
conveying 50 acres. Recorded in Book 42, page 559, of same records.
17. Deed from James Dixon, dated March 17, 1898, conveying 80
acres. Recorded in Book 40, page 595, of same records.
18. Deed from William Henson and wife, dated March 28, 1898,
conveying 10 acres. Recorded in Book 40, page 602, of same records.
19. Deed from Franklin Button and wife, et al., dated March 28,
1898, conveying 40 acres. Recorded in Book 40, page 599, of same
records.
20. Deed from Lillie E. Barnes and husband, dated June 9, 1898,
conveying 80 acres. Recorded in Book 40, page 608, of same records.
21. Executive Order, dated September 19, 1898, reserving from
sale and setting apart 160 acres.
JEFFERSON BARRACKS.
This reservation contains an area of 1,260.91 acres, with metes and
bounds as announced in G. O. No. 12, W. D., January 15, 1908. It
MISSOURI. 215
is situated in South St. Louis 011 the Mississippi River, 10 miles from
St. Louis, in St. Louis County. The title is as follows :
1. Deed from the inhabitants of Carondelet, dated July 8, 1826,
conveying part of "Carondelet Common." Recorded in Book N,
page 113, of the deed records of St. Louis County.
2. Quit claim deed from the City of Carondelet, dated October 25,
1854, conveying by metes and bounds a portion of the Common of
said city, containing 1,702 acres, more or less. Recorded in Book 160,
page 130, of same records.
3. Quit claim Deed from Charles Blank, et al., dated July 17,
1890, conveying 0.7 acre, etc. Recorded in Book 49, page 54 of same
records.
The area as originally acquired was reduced by Act of Congress,
approved July 23, 1894, to the present area. The reservation includes
the St. Louis Powder Depot and the Jefferson Barracks National
Cemetery.
Jurisdiction was ceded to the United States by an Act of the State
Legislature, approved March 18, 1892, which provides as follows:
" SECTION 1. That exclusive jurisdiction be, and the same is hereby,
ceded to the United States over and within all the territory owned by
the United States and included within the limits of the military post
and reservation of Jefferson Barracks, in St. Louis county, in this
state; saving, however, to the said state the right to serve civil or
criminal process within said reservation in suits or prosecutions for
or on account of rights acquired, obligations incurred, or crimes com-
mitted in said state outside of said cession and reservation ; and sav-
ing further to said state the right to tax and regulate railroad, bridge,
and other corporations, their franchises and property on said reserva-
tion. In the event, or whenever Jefferson Barracks shall cease to be
used by the federal government as a military post, the jurisdiction
ceded herein shall revert to the state of Missouri."
Easement: Act of Congress, approved February 14, 1853, granted
a right of way to the St. Louis and Iron Mountain Railroad through
the grounds of the St. Louis Arsenal and Jefferson Barracks; this
act was amended by Act approved July 14, 1856. Act approved July
25, 1868, provides for the sale of the St. Louis Arsenal grounds, etc.,
and Act approved March 3, 1869, amending the same, contains a pro-
viso that no part of the six acres granted to the city of St. Louis for
a public park etc., shall be selected east of the western line of the
ground occupied by the St. Louis and Iron Mountain Railroad.
Revocable Licenses: License, December 21, 1895, to Southern Elec-
tric Railroad Company to construct, maintain and operate an elec-
tric railway on the reservation.
License, April 21, 1906, to The Kinlock Telephone Co. for tele-
phone line.
JEFFERSON CITY NATIONAL CEMETERY.
This reservation contains an area of 2 acres, and is situated at
Jefferson City, in Cole County. The title is as follows :
Deed from Israel B. Read and wife, dated December 7, 1867, con-
veying 2 acres. Recorded in Book A, page 462, etc., of the deed
records of Cole County.
Exclusive jurisdiction ceded, subject to right to service process, by
sections 5218 and 5219, Missouri Annotated Statutes, 1906,
216 UNITED STATES MILITAKY KESEKVATIONS, ETC.
MILITIA TARGET RANGE.
This range (Island No. 97a, Missouri Kiver) is situated in St.
Louis County, and comprises an area of 207 acres, more or less, " and
all accretions thereto." The title is as follows :
Deed from Henry Pilgrim, et ux., dated January 8, 1908, convey-
ing entire tract. Recorded in Book 206, page 193, in the Deed
Records of St. Louis County.
SPRINGFIELD NATIONAL CEMETERY.
This reservation contains an area of 5 acres and a roadway, and is
situated about 4 miles from the City of Springfield, in Greene County.
The title is as follows :
1. Deed from the City of Springfield, dated August 1£, 1867, con-
veying 5 acres. Recorded in Book S, page 294, of the deed records
of Greene County.
2. Quitclaim deed from N. F. Cheaers, et al., dated June 2, 1868,
conveying the same tract. Recorded in Book S, page 342, of same
records.
3. Deed from John S. Phelps, dated May 22, 1885, conveying a
roadway. Recorded in Book 59, page 418, of same records.
4. Deed from Jestion Potter, dated - — , 1885, conveying a road-
way. Recorded in Book 59, page 419, of same records.
5. Deed from Edward J. Cox, dated May 21, 1885, conveying a
roadway. Recorded in Book 59, page 420, of same records.
6. Deed from William G. Evans and wife, dated May 21, 1885,
conveying a roadway. Recorded in Book 61, page 58, of same
records.
7. Deed from George A. C. Woolley and wife, dated May 21, 1885,
conveying a roadway. Recorded in Book 61, page 57, of same
records.
8. Deed from E. E. Colby, Special Commissioner, etc., dated Sep-
tember 27, 1897, conveying a tract of land for the extension of
" Phelp's Boulevard." Recorded in Book 169, page 47, of same
records.
Exclusive jurisdiction ceded, subject to right to serve process, by
sections 5218 and 5219, Missouri Annotated Statutes, 1906.
ST. LOUIS CLOTHING DEPOT.
This reservation contains about 25 acres, and is situated in the
City of St. Louis, on the Mississippi River. The title is as follows :
1. Deed from A. Chenie and wife, dated August 3, 1827, conveying
13 arpents of land. Recorded in Book N, page 486 of the deed
records of St. Louis County.
2. Deed from Arend Rutgers and wife, dated August 3, 1827, con-
veying 31 arpents of land. Recorded in Book N, page 482, of same
records.
Under Acts of Congress, approved July 28, 1868 (15 Stajb. L., 187),
and March 3, 1869 (15 Stat. L., 339), and Joint Res. of July 11,
1870 (16 Stat. L., 386), a portion of the lands was granted to the
city as a site for a monument to Nathaniel Lyon and the extension
of Second street, separating said site from the lands retained was
authorized.
Easement. See Jefferson Barracks, "Easement," ante.
MONTANA. 217
Revocable License: August 3, 1904, to the Anheuser-Busch Brew-
ing Association, under Joint Resolution, approved April 28, 1904,
to occupy and use for railroad purposes a 40- foot right of way, along
the right of way of the St. Louis, Iron Mountain and Southern Rail-
way Company, through the extreme eastern limits of the reservation,
and also a small triangular area in the southeast corner of the
premises.
ST. LOUIS POWDER DEPOT.
A part of the Jefferson Barracks reservation contamjng_385 acres.
For title and jurisdiction see Jefferson Barracks.
MONTANA.
GENERAL ACT OF CESSION.
" SECTION 1. That pursuant to Article I, section 8, paragraph 17,
of the Constitution of the United States, consent to purchase is hereby
given and exclusive jurisdiction ceded to the United States over and
with respect to all lands within the State which are or may be
embraced within the Yellowstone National Park, together with all
such lands as are now or may hereafter be occupied and held by the
United States for military purposes either as additions to the mili-
tary posts over which jurisdiction is ceded by the Constitution of
Montana, or as new or other posts or reservations established within
the State for the common defense, reserving, however, to this State a
concurrent jurisdiction for the execution upon said lands or in the
buildings erected thereon of all process, civil or criminal, lawfully
issued by the courts of the State and not incompatible with this
cession." (Approved February 14, 1891. Laws of Mont., 1891, p.
262. See, also, Political Code of Montana, 1905, sections 41 to 43,
inclusive.)
FORT ASSINNIBOINE.
The present area of this reservation is about 168,610 acres with
metes and bounds as announced in G. O. No. 59, W. D., April 18,
1908. The Post was established May 19, 1879, under authority of an
Act of Congress approved June 18, 1878, and lies within the limits
of Choteau County. As a part of the public domain the reservation
was declared by Executive Order dated June 16, 1881, in lieu of
reservation made by order of March 4, 1880. It was modified, and
reservations for hay and coal fields added, by order of May 2, 1888,
making a total of about 704,000 acres reserved. This area was re-
duced October 9, 1891, by transferring the hay and coal field reserves
to the Interior Department.
Jurisdiction was ceded to the United States by Article II of the
Constitution of the State, which provides as follows :
" SECTION 1. Authority is hereby granted to and acknowledged in
the United States to exercise exclusive legislation as provided by the
Constitution of the United States, over the Military Reservations of
Fort Assiniboine, Fort Custer, Fort Keogh, Fort Maginnis, Fort
Missoula, and Fort Shaw, as now established by law, so long as said
places remain military reservations, to the same extent and with the
218 UNITED STATES MILITAKY RESERVATIONS, ETC.
same effect as if said reservations had been purchased by the United
States by consent of the Legislative Assembly of the State of Mon-
tana ; and the Legislative Assembly is authorized and directed to
enact any law necessary or proper to give effect to this article.
"Provided, That there be, and is hereby, reserved to the State the
right to serve all legal process of the State, both civil and criminal,
upon persons arid property found within any of said reservations in
all cases where the United States has not exclusive jurisdiction."
See also General Act of Cession.
Easements: A right of way, subject to the approval of the Secre-
tary of War, was granted to the St. Paul, Minneapolis and Manitoba
(now Great Northern) Railway Company, by Act of Congress, ap-
proved February 15, 1887. Definite location approved by Secretary
of War, June 6, 1887; said right of way to be 75 feet each side of
center line of railroad, with right to take ground not exceeding 300
feet in width, and 3,000 feet in length, for station buildings, depots,
machine-shops, side tracks, turn-outs and water stations, to the extent
of one station for each ten miles of its road.
Under authority of above Act, permission to. erect a station house
was granted to the above railway company by the Secretary of War,
February 19, 1889.
Under authority of Act of Congress, approved March 3, 1891, con-
ditional right of way was granted, January 12, 1904, to J. W. Clark
et al. to construct and maintain irrigating ditches not exceeding 60
feet in width through the reservation ; the work of constructing, oper-
ating and maintaining said ditches to be subject to the approval of
the post commander.
Authority given October 12, 1905, under section 6, Act of Congress
of July 5, 1884 (23 Stat, L., 103), to Board of County Commissioners
of Choteau County, for county road sixty feet wide.
Revocable Licenses: License, May 12, 1896, to Broadwater Pepin
Company to construct, maintain and use telephone line from reserva-
tion boundary near Havre to the post.
License, February 2, 1897, to Broadwater, Pepin and Devlin to
maintain a stock-yard on the reservation for a loading station.
License, February 9, 1898, to Mrs. Mary Herron to reside and con-
duct dairy business on reservation, subject to orders and regulations
of post commander.
License, January 30, 1904, to Henry J. Meili to construct and main-
tain dam and waste ditch for benefit of ranchers residing along. Big
Sandy Creek.
License, April 27, 1904, to Walter Brown to maintain a dam and
irrigation ditch for the purpose of taking water from Gravelly
Coulee.
License, August 22, 1905, to I. S. Moulthrop, to conduct a steam
laundry in building known as " Quartermasters No. 54."
License, March 17, 1908, to The Havre Electric Company for tele-
phone line along right of way of Montana Central Railroad Co.
FORT HARRISON.
This reservation contains an area of 1,040 acres, and is situated
about 6 miles west of the City of Helena, in Lewis and Clark County.
MONTANA. 219
The land was acquired and post established under an Act of Congress
approved May 12, 1892. The title is as follows:
1. Quit-Claim Deed from Ansalem J. Davidson (Trustee) and
wife, dated December 31, 1892, conveying all their right, title, and
interest in and to Sections 15, 16, 17, 21 and 22, in Township 10
North, Eange 4 West. Kecorded in Book 32, page 326, of the deed
records of Lewis and Clark County.
2. Quit-claim Deed from Nicholas Kessler, dated February 17,
1893, conveying all right, title, and interest in Section 16, Township
10 North, Range 4 West. Recorded in Book 25, page 271, of same
records.
3. Deed from Nicholas Kessler, dated February 17, 1893, conveying
the North half of the northwest quarter of Section 22, Township 10
North, Range 4 West, containing 80 acres. Recorded in Book 31,
page 467, of same records.
4. Quit-Claim Deed from the State of Montana, dated March 7,
1893, conveying the east half of Section 16, Township 10 North,
Range 4 West. Recorded in Book 32, page 323, of same records.
5. Quit-Claim Deed from Eli Knobb and wife, dated March 10,
1893, conveying the " Giant H " Quartz-lode Claim, 600 feet by 1,500
feet, in Section 16, Township 10 North, Range 4 West. Recorded in
Book 25, page 273, of same records.
6. Quit-Claim Deed from Mary B. Sperling, dated March 21, 1893,
conveying part of Good Luck Mining Claim, containing 0.34 acre —
reserving right to mine, etc. Recorded in Book 26, page 141, of same
records.
7. Quit-Claim Deed from Northern Pacific Railroad Company, et
al., dated March 21, 1893, conveying the West half (less right of way
for main line 0.25 acre) of Section 15; the northeast quarter; the
east half of the northwest quarter, and northwest quarter of north-
west quarter, of Section 21; the southeast quarter of the southeast
quarter of Section 17, in Township 10 North, Range 4 West, contain-
ing 640 acres ; reserving a strip 400 feet wide for right of way for rail-
road purposes. Recorded in Book 32, page 320, of same records.
8. Quit-Claim Deed from Jacob Fisher and wife, dated April 15,
1893, conveying all interest in Section 16, Township 10 North, Range
4 West. Recorded in Book 25, page 272, of same records.
9. Quit-Claim Deed from H. W. Brooks and wife, et al., dated May
22, 1893, conveying all right, title, and interest in the East half of
Section 16, Township 10 North, Range 4 West, known as the Red
Rock Lode and the Minnie B. Lode mining claims. Recorded in
Book 29, page 236, of same records.
For jurisdiction see General Act of Cession.
Revocable Licenses: License, February 10, 1903, by Commanding
General, Department of Dakota, to I. S. Moulthrop to construct and
maintain a sanitary steam laundry on the reservation, under authority
of the Secretary of War, dated January 10, 1903.
License, November 4, 1904, to Helena Light & Traction Company
for electric railway on reservation.
FORT KEOGH.
The present area of this reservation is about 90 square miles. It is
situated in Custer County, and, being a part of the public domain,
220 UNITED STATES MILITAKY RESERVATIONS, ETC.
was reserved for military purposes by Executive order dated March
14, 1878. The Post was established in 1876, under authority of an act
of Congress, approved July 22, 1876. By Act of Congress, approved
July 30, 1890, the reservation was reduced to its present area. The
reservation was transferred to the Interior Department, May 28, 1908,
but re-declared by Executive Order of January 22, 1909 (G. O. No.
22, W. D., 1909).
For jurisdiction see Fort Assinniboine and General Act of Cession.
Easements. Act of Congress, approved May 11, 190G (34 Stat L
187) granted to Chicago, Milwaukee and St Paul Kailway Company
of Montana a right of way for railway line, etc., through reservation.
Location approved Sept. 24, 1906.
The Northern Pacific Eailroad Company, pursuant to authority of
Act of Congress, approved July 2, 1864, had located a right of way
thereon prior to the establishing of the reservation for military pur-
poses.
Permission, May 9, 1901, to Board of County Commissioners of
Custer County to extend county road across the reservation and to
construct a steel bridge across the Yellowstone River.
Location of right of way and station grounds of Montana, Wyo-
ming and Southern Railway Co., approved April 6, 1909, and June
16, 1909, under Act of March 2, 1909.
Revocable Licenses: License, September 27, 1886, to Northern Pa-
cific Railroad Company and cattle and stock men to drive cattle and
stock across the reservation from certain proposed stock pens to the
south boundary.
License, March 27, 1897, to Northern Pacific Railway Company to
construct loading and unloading pens on the reservation.
License, December 16, 1899, to James H. McNaney to establish and
operate a ferry across the Yellowstone River.
License, June 10, 1903, to Board of County Commissioners of
Custer County to construct corral and cutting pens at south approach
of bridge of said county across the Yellowstone River.
License, Sept. 15, 1906, to .Rocky Mountain Bell Telephone Com-
pany for telephone line.
Lease, May 17, 1907, to Commissioners of Custer County of 154.84
acres for county fair purposes.
FORT MISSOULA.
This reservation contains an aggregate of 3,417.41 acres, of which
1,520 acres belong to the Post proper and 1,577.41 acres to the Wood
and Timber reserve. The Post is situated on Bitter Root River,
1 mile from Bitter Root and 4 miles from Missoula. It was estab-
lished in June, 1877. The Wood and Timber reserve is 6 miles south-
east of the Post. The reservation was declared by Executive order
dated February 19, 1877, and enlarged by Executive order dated
August 5, 1878 ; and the Wood and Timber reserve was declared by
Executive order dated June 10, 1879. See Appendix, page 496, post.
Through an error of survey, most of the Post Buildings were
located on Section 36, Township 13 North, Range 20 West, instead of
Section 31, Township 13 North, Range 19 West, a section reserved for
military purposes.
NEBKASKA. 221
A portion of section 36 was purchased oy the citizens of Missoula
for the purpose of presenting it to the United States ; and Congress
by Act of March 19, 1904, authorized the Secretary of War to accept
the donation of a portion of said section, inter alia, and title thereto
has been conveyed by the following deeds :
1. Deed from Elmer E. Hershey, Trustee, dated March 16, 1903,
conveying the N.E. J of Section 36, Township 13 North, Eange 20
West, containing 160 acres. Recorded in volume 37, page 63, deed
records of Missoula County.
2. Deed from John Bonner, Trustee, dated March 16, 1903, convey-
ing the N. ^ of N.W. J and N. ^ of S.E. J of same section, containing
160 acres. Recorded on page 62 of same records.
For jurisdiction see Fort Assinniboine and General Act of Cession.
Revocable Licenses : License, August 4, 1904, to On Sing to conduct
a laundry heretofore conducted by him under permission of post
commander.
License, March 31, 1909, to W. P. Maclay for telephone line.
This reservation contains an area of 1 square mile and is situated
on the right bank of the Little Big Horn River. It was formerly
a part of the Crow Indian Reservation, and was set apart by Execu-
tive order, dated December 7, 1886, together with Fort Custer, since
abandoned.
For jurisdiction see Fort Assinniboine and General Act of Cession.
NEBRASKA.
GENERAL ACT OF CESSION.
" SECTION 1. Be it enacted, etc., That the consent of the state of
Nebraska is hereby granted to the United States of America to pur-
chase such grounds as may be deemed necessary, in the city of
Nebraska City, Nebraska, or any other city or incorporated town in
the state of Nebraska, for the erection thereon of buildings for the
accommodation of the United States circuit and district courts, post-
office, land office, mints or any other government office, and also for
the purchase by the United States of such other lands within the
state of Nebraska as the agents or authorities of the United States
may from time to time select for the erection thereon of forts, maga-
zines, arsenals, and other needful buildings.
" SEC. 2. The jurisdiction of the state of Nebraska in and over the
lands mentioned in the preceding section shall be and the same is
hereby ceded to the United States: Provided, That the jurisdiction
hereby ceded shall continue 110 longer than the United States shall
own or occupy said lands.
" SEC. 3. The said consent is hereby given, and the said jurisdiction
ceded upon the express condition that the state of Nebraska shall
retain concurrent jurisdiction with the United States in and over
the said lands, so far as that all civil process in all cases and such
criminal or other process as may issue under the laws or authority of
the state of Nebraska, against any person or persons charged with
222 UNITED STATES MILITARY RESERVATIONS, ETC.
crime or misdemeanors committed within said state, may be exe-
cuted therein, in the same way and manner as if such consent had not
been given or jurisdiction ceded, except so far as such process may
affect the real and personal property of the United States.
" SEC. 4. The jurisdiction hereby ceded shall not vest until the
United States shall have acquired the title to said lands by purchase
or grant ; and so long as the said lands shall remain the property of
the United States, when acquired as aforesaid, and no longer, the
same shall be and continue exonerated and exempt from all taxes,
assessments, and other charges which may be levied or imposed under
the authority of the laws of this state." (Approved February 23,
1883. Compiled Stats, of Neb., 1901, p. 1136, sec. 5097.)
FORT CROOK.
This reservation contains an area of 545.67 acres with metes and
bounds as announced in G. O. 178, W. D., Oct. 18, 1906, and is situ-
ated in Sarpy County, about 5 miles southwest of the City of Omaha.
The Post was established under authority of an Act of Congress ap-
proved July 23, 1888, and the title to the lands acquired for the pur-
pose is as follows:
1. Deed from Henry T. Clarke and wife, dated September 7, 1889,
conveying 502.59 acres of land. Recorded in Book V, page 189, of
the deed records of Sarpy County.
2. Decree of Condemnation for 43.08 acres in case of The United
States v. said land and Henry Zeucher, defendant, in the District
Court of the United States for the District of Nebraska. Decree
rendered February 4, 1890, and filed with the record in the Clerk's
Office of said District Court.
3. Deed from Henry T. Clarke and wife, dated February 26, 1890,
conveying a right of way for a sewer. Recorded in Book V, page
503, of the records of Sarpy County.
Consent to the purchase of this reservation was given, and jurisdic-
tion over it was ceded to the United States, by an Act of the State
Legislature approved March 30, 1889, which provides as follows:
"SECTION 1. That the consent of the State of Nebraska is hereby
given to the purchase or condemnation by the United States of such
land in Sarpy, Washington, or Douglas county, Nebraska, not exceed-
ing one thousand acres in extent, as may hereafter be selected by the
United States, as a site for a military post and reservation.
" SEC. 2. The jurisdiction of the state of Nebraska in and over the
land mentioned in the preceding section, when purchased or con-
demned by the United States, shall be, and the same hereby is ceded
to the United States: Provided, That the jurisdiction hereby ceded
shall continue no longer than the said United States shall own or
occupy the said land.
" SEC. 3. The said consent is given and the said jurisdiction ceded
upon the express condition that the state of Nebraska shall retain
concurrent jurisdiction with the United States in and over the said
land so far as that all civil process in all cases, and such criminal or
other process as may issue under the laws or authority of the state of
Nebraska against any person or persons charged with crimes or mis-
demeanors committed within said State, may be executed therein in
the same way and manner as if such consent had not been given or
NEBRASKA. 223
jurisdiction ceded, except so far as such process may affect the real
and personal property of the United States.
" SEC. 4. The jurisdiction hereby ceded shall not vest until the
United States shall have acquired the title to the said lands by pur-
chase, grant or condemnation, and so long as the said land shall
remain the property of the United States when acquired as aforesaid,
and no longer, the same shall be and continue exonerated from all
taxes, assessments and other charges which may be levied or imposed
under the authority of this state." (Compiled Stats, of Neb., 1901,
p. 1139, sec. 5115.)
See also General Act of Cession.
Revocable License: March 1, 1906, to the Omaha & Southern Inter-
urban Railway Company, for electric railway.
HEADQUARTERS DEPARTMENT OF THE MISSOURI.
This reservation, containing 14,520 square feet, is situated in the
city of Omaha. The building in which the offices are located, being
the old Federal Building, was transferred by the Treasury Depart-
ment, pursuant to an Act of Congress approved January 21, 1889.
The title is as follows:
Deed from Charles H. Downs and wife, dated May 19, 1870, con-
veying 14,520 square feet of land. Recorded in Book 9, page 211, of
the records of Douglas County.
For jurisdiction see General Act of Cession.
FORT McPHERSON NATIONAL CEMETERY.
This reservation contains an area of 107 acres, of which 4J acres
are enclosed. It is situated about 4 miles from Maxwell, in Lincoln
County. The title is as follows:
Reserved from the public domain for military purposes by Execu-
tive orders of January 22, 1867, January 25, 1870, and October 11,
1870 ; the reservation being known as Fort McPherson, and contain-
ing 19,500* acres. The Post was abandoned and the lands transferred
to the Department of the Interior by War Department Circular dated
January 10, 1887, reserving the above National Cemetery tract as the
same was set apart by Executive order dated October 13, 1873.
FORT NIOBRARA.
This reservation contains about 60,000 acres. It is situated on
the Niobrara River about 4J miles from Valentine, in Cherry
County. The Post was established under authority of an Act of Con-
gress approved June 23, 1879, and lands, being a part of the public
domain, reserved for military purposes by Executive order dated
December 10, 1879 ; enlarged by Executive order dated June 6, 1881,
and modified by Executive order dated April 29, 1884. By Executive
order, dated May 7, 1896, a tract of 720 acres was transferred to the
Interior Department for disposition.
An addition of about 25,900 acres was made to this reservation by
Executive order of June 22, 1904, making the area as given above.
224 UNITED STATES MILITARY RESERVATIONS, ETC.
Revocable Licenses : License, May 25, J 905, to J. O. Vincent, Post-
master at Fort Niobrara, for dwelling and plot of ground to be occu-
pied in connection therewith.
License, August 22, 1905, to I. S. Moulthrop, as manager of Sani-
tary Steam Laundry Company, for laundry in " Building No. 31."
License, April 13, 1906, to Cherry County Telephone Company,
for telephone line.
Jurisdiction was ceded to the United States by acts of the State
Legislature approved March 29, 1887, and March 29, 1889. These
acts provide as follows:
" SECTION 1. That the jurisdiction of the State of Nebraska in and
over the military reservations known as Fort Niobrara and Fort
Robinson be, and the same are hereby, ceded to the United States.
"Provided^ That the jurisdiction hereby ceded shall continue no
longer than the United States shall own and occupy said military
reservations.
" SEC. 2. The said jurisdiction is ceded upon the express condition
that the State of Nebraska shall retain concurrent jurisdiction with
the United States in and over the said military reservations so far as
that all civil process in all cases, and such criminal or other process
may issue under the laws or authority of the State of Nebraska
against any person or persons charged with crime or misdemeanors
committed within said State, may be executed therein in the same
way and manner as if such jurisdiction had not been ceded, except so
far as such process may affect the real and personal property of the
United States.
"Provided, That nothing in the foregoing act shall be construed so
as to prevent the opening and keeping in repair public roads and
highways across and over said reservations." (Approved March 29,
1887. Published as sections 10 and 11, article 13, chapter 83, Com-
piled Statutes of 1887.) .
"SECTION l.% That section ten (10), article thirteen (13), of chap-
ter eighty-three (83), of an act ceding the jurisdiction over the mili-
tary reservations of Fort Niobrara and Fort Robinson, Nebraska, be
amended to read as follows:
" ' That the jurisdiction of the state of Nebraska, in and over the
reservations known as Fort Niobrara and Fort Robinson be, and the
same are hereby ^ ceded to the United States.'
"Provided, That the jurisdiction hereby ceded to the United States
shall continue no longer than the United States shall own or occupy
said military reservations.
"Provided further, That nothing in this act shall exempt any
property within the limits of said military reservations belonging to
any civilian therein from assessment, levy, and collection of tax
which would otherwise be subject to taxation within Nebraska,
except the personal property of the officers and enlisted men in the
service of the United States who may be stationed on said military
reservations, the said personal property being owned by said officers
and enlisted men for their comfort and convenience. Nor shall any
of the provisions of this act in any way interfere with any proper
officer of the state of Nebraska in entering upon said reservations
for the purpose of assessment or collecting any taxes due said state.
Nor shall any of the provisions of this act prevent the enforcement
NEBRASKA. 225
on said military reservations of chapter fifty (50) of the Compiled
Statutes relating to the license and sale of intoxicating liquors.
"SEC. 2. That section ten (10), article thirteen (13), chapter
eighty-three (83), as now existing is hereby repealed, and this, the
section substituted in its stead: Provided, That all suits pending and
all rights acquired under section hereby repealed shall be saved the
same as though said section had continued in force." (Approved
March 29, 1889. Compiled Stats, of Neb., 1901, p. 1137, sec. 5102.)
See also General Act of Cession and Appendix, page 477, post.
Easement: Act of Congress approved January 21, 1909, authorized
the Chicago and Northwestern Railway Company, owner of the rail-
way constructed by the Fremont, Elkhorn and Missouri Valley Rail-
road Company, to change the location of its right of way granted
under Act of Congress of February 28, 1883, and granting a new right
of way 400 feet wide. New location approved February 11, 1909.
OMAHA DEPOT.
This reservation contains about 7 acres of land and is situated
adjoining the City of Omaha, in Section 27, Township 15 North,
Range 13 East, of the Sixth Principal Meridian, Douglas County.
The title is as follows:
1. Deed from heirs of Jacob S. Shull, dated August 9, 1879, con-
veying 5 acres of land. Recorded in Book 30, page 163, of the records
of Douglas County.
2. Quit- Claim Deed from Augustus Kountze and wife, et al., dated
September 1, 1879, conveying all interest in above land. Recorded
in Book 30, page 162, of same records.
3. Deed from Mary A. Elliott, et al., dated May 29, 1903, convey-
ing a tract of land therein described. Recorded in Book 269, page 25,
of same records.
4. Quit-Claim Deed from Albert Hartsuff and wife, dated August
5, 1903, conveying a tract of land therein described. Recorded in
Book 267, page 370, of same records. .
5. Deed from Mary A. Elliott, et al., elated February 1, 1904.
Recorded in Book 270 of Deeds, page 156, of the records of Douglas
County.
6. Quit-claim deed from Albert Hartsuff and wife, dated January
9, 1904 ; recorded in same Book at page 158.
Jurisdiction over this reservation was ceded to the United States
by an Act of the State Legislature, approved March 2, 1881, which
provides as follows :
" SECTION 1. That the consent of the State of Nebraska is hereby
given to the purchase or lease by the United States of the lands situ-
ated in the City of Omaha, County of Douglas, State of Nebraska,
and described as follows, to wit : [Here the 5 acres conveyed by deeds
1 and 2 are described by metes and bounds.] The provisions of this
act shall extend to all additions to the above-described lands hereafter
obtained.
" SEC. 2. The jurisdiction of the State of Nebraska in and over the
lands mentioned in the preceding section shall be, and the same
hereby is ceded to the United States: Provided, the jurisdiction
hereby ceded shall continue no longer than the said United States
shall own or occupy said lands.
16809—10 15
226 UNITED STATES MILITARY RESERVATIONS, ETC.
" SEC. 3. The said consent is given and the said jurisdiction ceded
upon the express condition that the State of Nebraska shall retain con-
current jurisdiction with the United States in and over the said lands
so far that all civil process in all cases, and such criminal or other
process as may issue under the law or authority of the State of
Nebraska against any person or persons charged with crime or misde-
meanor committed within said State, may be executed therein in the
same way and manner as if such consent had not been given or juris-
diction ceded, except so far as such process may affect the real and
personal property of the United States.
" SEC. 4. The jurisdiction hereby ceded shall not vest until the
United States shall have acquired the title to the said lands by pur-
chase or grant, and so long as the said lands shall remain the property
of the United States, when acquired as aforesaid, and no longer, the
same shall be and continue exonerated from all taxes, assessments, and
other charges which may be levied or imposed under the authority of
the State."
See also General Act of Cession.
FORT OMAHA.
This reservation contains an area of 82.50 acres with metes and
bounds as announced in G. O. No. 150, W. D. Aug. 18, 1906. It is
situated in the City of Omaha, Douglas County. A tract of 40 acres
was purchased in 1868, which was ratified by Act of Congress,
approved March 3, 1873. An addition of 42.50 acres was purchased
in 1882. The title is as follows:
1. Deed from Emerson S. Seymour and wife, dated August 26,
1868, conveying 20 acres of land. Recorded in Book 4, page 320, of
the deed records of Douglas county.
2. Deed from Charles B. Wells and wife, dated September 4, 1868,
conveying 20 acres of land. Recorded in Book 4, page 339, of same
records.
3. Quit-Claim Deed from Augustus Kountze and wife, dated April
17, 1882, conveying 42.50 acres of land. Recorded in Book 46, page
529, of same records.
Jurisdiction was ceded to the United States by an Act of the State
Legislature, approved February 23, 1870, which provides as follows:
" SECTION 1. Be it enacted, etc., That the consent of the State of
Nebraska is hereby given to the purchase or lease by the United States,
of the lands in Douglas County, not exceeding one hundred acres,
upon which is located the military post now known as Omaha Bar-
racks.
" SEC. 2. The jurisdiction of the State of Nebraska in and over the
lands mentioned in the preceding section, when purchased or leased
by the United States, shall be, and the same hereby is ceded to the
United States: Provided, That the jurisdiction hereby ceded shall
continue no longer than the said United States shall own or occupy
the said lands.
" SEC. 3. The said consent is given and said jurisdiction ceded
upon the express condition that the State of Nebraska shall retain
concurrent jurisdiction with the United States, in and over the said
lands so far that all civil process in all cases, and such criminal or
other process as may issue under the laws or authority of the State of
NEBRASKA. 227
Nebraska, against any person or persons charged with crime or mis-
demeanor committed within said State, may be executed therein in
the same way and manner as if such consent had not been given or
jurisdiction ceded, except so far as such process may affect the real
and personal property of the United States.
" SEC. 4. The jurisdiction hereby ceded shall not vest until the
United States shall have acquired the title to the said land by pur-
chase or grant, and so long as the said lands shall remain the property
of the United States, when acquired as aforesaid, and no longer, the
same shall be and continue exonerated from all taxes, assessments,
and other charges which may be levied or imposed under the au-
thority of this State.
" SEC. 5. It is further enacted that any malicious, wilful, reckless,
or voluntary injury to or mutilation of the grounds, buildings, or
appurtenances, shall subject the offender or offenders to a fine of not
less than twenty dollars, to which may be added, for an aggravated
offence, imprisonment not exceeding six months in the County jail or
workhouse, to be prosecuted before any court of competent jurisdic-
tion."
See also General Act of Cession.
Revocable Licenses: Licenses, April 27, 1905, and December 30,
1909, to The Chicago & Northwestern Kail way Company, for spur
tracks.
License, March 28, 1906, covering continuance of use by the public
of road along northern boundary.
License, May 4, 1907, to The Nebraska Telephone Co. for telephone
line.
FORT ROBINSON.
This reservation contains an area of about 36 square miles, includ-
ing the Wood and Timber reserve, and was a part of the public
domain. It is situated on White River, 3 miles from Crawford, in
Dawes and Sioux Counties. The Post was established in March,
1874, and by Executive order dated November 14, 1876, the reserva-
tion was then declared, with an area of 7 square miles and 199 acres,
and this was afterwards enlarged by Executive order dated June 282
1879, making the present area at the Post of 20 square miles. A
Wood and Timber reserve, containing an area of 16 square miles, was
declared by Executive order dated November 4, 1879. This last
reserve is about 3 miles from the line of the Post reservation.
By Executive Order, dated September 19, 1896, so much of the
reservation as lay east of the line marked for the eastern boundary in
the survey of the public lands adjacent thereto,, and described in the
field notes and plats of said survey on file in the office of the Com-
missioner of Public Lands and Buildings, at Lincoln, Nebraska, was
turned over to the Interior Department.
By Executive Order, dated September 14, 1906 (G. O. No. 165, War
Department, October 1, 1906), a parcel of land in the northwest cor-
ner of the reservation, which had been erroneously included in
patents to private parties, was transferred to the Interior Department.
For jurisdiction see Fort Niobrara. See also General Act of Ces-
sion, and Appendix, page 477, post.
Easements: Act of Congress, approved January 20, 1885, granted
to the Fremont, Elkhorn and Missouri Valley Railroad Company
228 UNITED STATES MILITARY RESERVATIONS, ETC.
right of way 100 feet in width through the reservation. Location ap-
proved by the Secretary of War, February 1, 1886.
Act of Congress, approved March 3, 1891, granted to any corpora-
tion, etc., right of way through reservations of the United States for
the purpose of constructing irrigating canals or ditches. Location of
irrigating ditch by W. T. Forbes, under authority of above Act,
approved by the Secretary of War, June 7, 1895.
Location of ditches by The Crawford Company, assignees of Wm.
T. Forbes, approved by the Secretary of War, November 14, 1896.
Revocable Licenses: License, December 26, 1889, to the Crawford
Fair Association to enter upon a portion of the reservation, plant
trees thereon and improve it for the use of a fair ground.
License, July 24, 1896, to The Crawford Company to build a small
house on the reservation.
License, January 26, 1900, to the Fremont, Elkhorn and Missouri
Valley Railroad Company to occupy a portion of the reservation for
stock-yard purposes.
License, August 4, 1903, to the Village of Crawford to place a dam
and pumping station, excavate a raceway and sink a well upon the
reservation.
License, April 3, 1906, to the Crawford Telephone Company, Craw-
ford, Nebraska, for telephone system.
License, October 3, 1907, to the Glen Telephone Company for
telephone line.
NEVADA.
No Military Reservations.
NEW HAMPSHIRE.
GENERAL ACT OF CESSION.
" SECT. 1. The jurisdiction of this state is hereby ceded to the
United States of America over all such pieces or parcels of land within
the limits of this state as have been or shall hereafter be selected and
acquired by the United States for the purpose of erecting post-offices,
customs houses, or other structures exclusively owned by the United
States and used for its purposes : Provided that an accurate descrip-
tion and plat of such lands so acquired, verified by the oath of some
officer of the United States having, knowledge of the facts, shall be
filed with the governor of this state: And provided further, that
this cession is upon the express condition that the state of New
Hampshire shall retain concurrent jurisdiction with the United States
in and over all lands acquired or hereafter acquired as aforesaid, so
far as that all civil and criminal process issuing under authority of
this state may be executed on the said lands, and in any buildings
erected or to be erected thereon, in the same way and manner as if
this act had not been passed ; and exclusive jurisdiction shall revert
to and revest in this state whenever the said lands shall cease to be
the property of the United States.
" SECT. 2. The lands aforesaid, when acquired, shall be forever ex-
empt from all taxes and assessments so long as the same shall remain
NEW HAMPSHIRE. 229
the property of the United States." (Approved June 14, 1883. N. H.
Laws, 1883, p. 5.) See, also, Public Statutes and General Laws in
force January 1, 1901, page 59.
FORT CONSTITUTION.
This reservation contains about 12 acres, with metes and bounds as
given in G. O. No. .57, W. D., April 16, 1908. It is situated on a
rocky projection in the Piscataqua River at the entrance to the harbor
of the City of Portsmouth. It is about 3 miles below the city, on the
west side of the river, on the eastern end of "Great Island," being the
most eastern end of New Hampshire. It was formerly an English
fort called "William and Mary," and was occupied by the United
States troops in 1806.
The title to the original reservation was acquired and jurisdiction
ceded to the United States by acts of the State Legislature of
February 14, 1791, and June 18, 1807.
Under authority of an Act of Congress, approved June 6, 1900,
the reservation was increased by the following additions :
1. Deed from Justin H. Yeaton and wife, dated July 19, 1902,
conveying 3,575 square feet of land. Recorded in Liber 595, folio 26,
of the records of Rockingham County.
2. Deed from the Heirs of Eben Yeaton, dated July 19, 1902, con-
veying 4,900 square feet of land. Recorded in Liber 595, folio 20, of
same records.
3. Deed from the Heirs of Sylvester Yeaton, dated July 19, 1902,
conveying certain land therein described. Recorded in Liber 595,
page 21, of same records.
4. Deed from Mary C. Pridham, dated July 19, 1902, conveying
about 3,266 square feet of land. Recorded in Liber 595, folio 22, of
same records.
5. Deed from John H. Rull, dated July 19, 1902, conveying about
1,020.8 square feet of land. Recorded in Liber 595, folio 23 of same
records.
6. Deed from Eliza A. Rand, dated July 19, 1902, conveying cer-
tain land therein described. Recorded in Liber 595, folio 27, of same
records.
7. Deed from William H. Thompson, dated July 19, 1902, convey-
ing certain land therein described. Recorded in Liber 595, folio 24,
of same records.
8. Deed from Frank Jones, dated July 19, 1902, conveying certain
land therein described. Recorded in Liber 595, folio 35, of same
records.
9. Deed from Ellen F. Osgood, dated July 19, 1902, conveying
certain land therein described. Recorded in Liber 595, folio 25, of
same records.
10. Deed from Alice G. Stewart, dated August 4, 1902, conveying
certain land therein described. Recorded in Liber 595, folio 159, of
same records.
11. Deed from Catherine T. Preble, Administratrix, dated Novem-
ber 29, 1902, conveying certain land therein described. Recorded in
Liber 588, folio 148, of same records.
230 UNITED STATES MILITARY RESERVATIONS, ETC.
The two acts of the State Legislature referred to above as ceding,
jurisdiction appear below:
"Be it enacted, etc., that one acre and three-quarters of an acre of
a certain neck of land situate in Newcastle, on Great Island, at the
entrance of Piscataqua River, commonly called Fort Point, to begin
at the northeasterly extremity of said point, and to run southwesterly,
carrying the whole width or said neck of land, until a line crossing
said neck south forty degrees east shall complete the aforesaid acre
and three-quarters of an acre of land, together with the fort and
light-house thereon, be, and hereby are ceded to and vested in the
United States of America, with all the jurisdiction thereof which is
not reserved by this Act: Provided, nevertheless, and be it further
enacted, That if the United States shall at any time neglect to keep
lighted, and in repair said light-house, the cession aforesaid shall in
that case be utterly void and of no effect: Provided, also, That all
writs, warrants, executions and all other processes of every kind, both
civil and criminal issuing under the authority of this State, or any
office^ thereof, may be served and executed on any part of said land,
or in said fort, or any other building which now is, or hereafter may
be erected upon the premises aforesaid, in the same way and manner
as though this act had not been passed." (Passed February 14, 1791.)
" Be it enacted, etc., That the remainder of the land at said New-
Castle, belonging to this State, being about one acre and one half of
an acre more or less, be and hereby is ceded to and vested in the
United States of America, with all the jurisdiction thereof which is
not reserved by this act: Provided, nevertheless, and be it further
enacted, That all writs, warrants, executions, and all other processes
of every kind, both civil and criminal issuing under the authority of
this State, or any officer thereof, may be served and executed on any
part of said land, or in any fort or other building which now is or
hereafter may be erected upon said premises in the same way and
manner as though this act had not been passed." (Approved June
18, 1807.)
See also General Act of Cession.
PORTSMOUTH.
(Reservation at.)
This reservation contains an area of about GO acres, and is situated
partly in the city of Portsmouth and partly in the town of Rye, in
Rockingham County. The title is as follows:
Deed from Josiah F. Adams, dated June 10, 1908, conveying the
entire tract. Recorded in Liber 639, Folio 235, of the Records of
Rockingham County.
For jurisdiction, see General Act of Cession.
Plat and description of lands, properly verified, were filed with the
Governor of the State, September 29, 1908.
PORTSMOUTH GUN HOUSE.
This lot contains 5,760 square feet of land and is situated in the
City of Portsmouth, in Rockingham County. The title is as follows :
NEW HAMPSHIEE. 231
Deed from the Selectmen of the town of Portsmouth, dated August
20, 1808, conveying the above lot. Recorded in Liber 4, folio 51, etc.,
of the deed records of Rockingham County, in Portsmouth.
For jurisdiction see General Act of Cession.
FORT STARK.
This reservation contains 10 acres, more or less, exclusive or right
of way, and is situated in the town of Newcastle, in Rockingham
County. The title is as follows :
1. Deed from John Lamprey and wife, dated March 14, 1873, con-
veying land known as Point Jerry. Recorded in Book 442, page 261,
of the deed records of Rockingham County.
2. Deed from John A. Lamprey, et al., dated March 14, 1873, con-
veying above premises. Recorded in Book 438, page — , of same
records.
3. Deed from Samuel E. Barrett, et ux., dated December 17, 1907.
conveying right of way for water pipes or mains, and for conduits
for electric wires, etc. Recorded in Vol. 640, page 165, of same
records.
4. Deed from Emily M. Niles, dated October 6, 1908, conveying
right of way for same purposes. Recorded in Vol. 640, page 166, of
same records.
There is no special act ceding jurisdiction over this battery to the
United States, but jurisdiction is believed to have been ceded by the
general act of the State Legislature, approved July 12, 1871, which
provides as follows:
" SECTION 1. That the consent of the legislature of the State of New
Hampshire be, and the same is hereby, given to the purchase by the
government of the United States, or under the authority of the same,
of any tract, piece, or parcel of land, from any individual or individ-
uals, bodies politic or corporate, within the boundaries or limits of the
State, for the purpose of erecting therein light-houses and other need-
ful public buildings whatever; and all deeds, conveyances of title
papers for the same, shall be recorded, as in other cases, upon the land
records of the county in which the land so conveyed may lie ; and in
like manner may be recorded a sufficient description, by metes and
bounds, courses and distances of any tract or tracts, legal divisions of
any public land belonging to the United States, which may be set
apart by the general government for any or either of the purposes
before mentioned, by an order, patent, or other official document or
papers so describing such land. The consent herein and hereby given
being in accordance with the seventeenth clause of the eighth section
of the first article of the constitution of the United States, and with
the acts of Congress in such cases made and provided.
" SEC. 2. The lots, parcels, or tracts of land, so selected, together
with the tenements and appurtenances for the purposes before men-
tioned, shall be held exempt from taxation by the State of New
Hampshire."
See also General Act of Cession.
Revocable License: License, November 3, 1881, to the Treasury
Department to occupy a portion of the reservation for a life-saving
station.
232 UNITED STATES MILITARY RESERVATIONS, ETC.
NEW JERSEY.
BAYSIDE (POINT COMFORT).
This reservation contains an area of 25.734 acres and is situated
near Point Comfort, in the township of Middletown, in Monmouth
County. The title is as follows :
Deed from James F. Thomson and wife, dated May 20, 1892, con-
veying 25.734 acres. Recorded in Book 501, page 241, etc., of the
deeds records of Monmouth County.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved March 7, 1893, which, after describing in the
preamble the lands above conveyed, provides as follows :
" SECTION 1. Be it enacted, etc., That the consent of the State of
New Jersey is hereby given to the acquisition by the United States of
the tract or parcel of land above described, and the same is hereby
ceded to the United States of America ; upon the said land so ac-
quired the United States may erect fortifications, barracks, and other
public buildings, for the defence of the southern or main entrance to
New York harbor, and the United States shall have, hold, occupy
and own said land thus acquired, and exercise jurisdiction and con-
trol over the same and every part thereof subject to the restrictions
hereafter mentioned ; the same, however, not to be used for quaran-
tine purposes.
" SEC. 2. And be it enacted, That the jurisdiction hereby ceded
shall vest when a plat and description of the land thus acquired shall
have been filed in the office of the secretary of state of the State of
New Jersey; such jurisdiction shall continue no longer than the
United States shall own such land, and such consent is given and
jurisdiction ceded upon the express condition that the State of New
Jersey shall retain, concurrent jurisdiction with the United States in
and over such land so far as that all civil processes in all cases, and
such criminal and other processes as may issue under the laws or
authority of the State of New Jersey against any person or persons
charged with crimes, misdemeanors or criminal offences committed
within the State may be executed thereon, in the same way and man-
ner as if such consent had not been given or jurisdiction ceded, except
so far as such processes may affect the real or personal property of
the United States.
" SEC. 3. And be it enacted, That so long as such land thus ac-
quired shall remain the property of the United States, and no longer,
the same shall be and continue exonerated from all taxes, assessments
and other charges which may be levied or imposed under the author-
ity of the State." (Gen'l Stats, of N. J., p. 3483, sec. 61.)
BEVERLY NATIONAL CEMETERY.
This cemetery contains an area of 1 acre, and is situated at Beverly,
in Burlington County. The title is as follows :
Deed from Joseph Weyman, dated August 25, 18G4, conveying 1
acre, etc. Recorded in Book C 7, page 270, etc., of the deed records
of Burlington County, at Mount Holly.
NEW JERSEY. 233
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved March 19, 1872, providing as follows :
"Be it enacted, etc., That the consent of the State be, and the same
is hereby given to the purchase by the United States of that certain
piece of ground occupied as a national cemetery, situate near Beverly,
in the county of Burlington, and known and described as follows:
* * being the same conveyed by Joseph Weyman to the United
States by deed dated August twenty-fifth, eighteen hundred and
sixty-four."
FINN'S POINT NATIONAL CEMETERY.
Part of Fort Mott reservation, and contains an area of 2J acres.
For title, see Fort Mott.
FORT HANCOCK.
This reservation contains an area of 1,366 acres and also a narrow
strip of land connecting the peninsula with the mainland of Navesink
Highlands, authorized to be purchased by Act of Congress approved
July 23, 1892.. The title is as follows:
. 1. Deed from Richard Hartshorn, et al., dated February 26, 1806,
conveying Sandy Hook Point. Recorded in Book 2, folio 442, etc.,
of the deed records of Monmouth County.
2. Deed from Richard Hartshorn and wife, dated June 17, 1817,
conveying the remainder of Sandy Hook, excepting the Light-House
Tract. Recorded in Book A 2, folio 25, etc., of same records.
3. Release of. mortgage from Ann Ustick to the United States,
dated June 17, 1817, conveying her interest in above tract.
4. Deed from " The Highland Beach Association," dated July 27,
1892, conveying Lots 2 to 22, inclusive, and all riparian rights, etc.,
with right of way, etc. Recorded in Book 516, page 331, etc., of
same records. This deed excepts property of New Jersey Southern
Railway Company.
5. Deed from " The Atlantic Highlands Association," dated July
29, 1892, conveying Lot 1 and riparian rights, etc. Recorded in
Book 516, page 327, etc., of same records. This deed also excepts
property of New Jersey Southern Railway Company.
6. Deed from The New Jersey Southern Railway Company, dated
May 1, 1893, conveying the land reserved by above deeds aggregating
132,000 square feet, together with certain railroad property. Re-
corded in Book 520, page 252, etc., of same records.
Jurisdiction was ceded to the United States by acts of the State
Legislature approved November 16, 1790, March 12, 1846, and March
22, 1898, which provide as follows :
" SECTION 1. Be it enacted by the Council and General Assembly
of this State, and it is hereby enacted by the authority of the same,
that the jurisdiction of this State in and over a lot of land situate at
the point of Sandy Hook, in the County of Monmouth, containing 4
acres, on which a light-house and other buildings are erected, shall be,
and the same is hereby, ceded to and vested in the United States of
America forever hereafter." (Act of November 16, 1790.)
" 1. Be it enacted, etc., That the jurisdiction in and over all that
portion of Sandy Hook, in the county of Monmouth, owned by the
United States, lying north of an east-and-west line through the
234 UNITED STATES MILITAKY RESERVATIONS,, ETC.
mouth of Youngs creek at low water, and extended across the island
or cape of Sandy Hook from shore to shore, and bounded on all other
sides by the sea and Sandy Hook bay, be, and the same is hereby
ceded to the United States, for military purposes ; and the said United
States shall retain such jurisdiction so long as the said tract shall be
applied to the military or public purposes of said United States, and
no longer.
" 2. And l)e it enacted, That the jurisdiction ceded in the first sec-
tion of this Act, shall not prevent the execution on the said tract of
land of any process, civil or criminal, under the authority of this
State, except so far as such process may affect any of the real or per-
sonal property of the United States of America within the said tract ;
nor shall it prevent the operation of the public laws of this State
within the bounds of the said tract, so far as the same may not be
incompatible with the free use and enjoyment of the said premises by
the United States for the purposes above specified.
" 3. And ~be it enacted, That all the lands and tenements within the
aforesaid boundaries, so long as the same shall continue the property
of the United States, and be used for the purposes expressed in this
act, shall be and remain exempted from all taxes, assessments, and
other charges which may be imposed under the authority of this
State." (Act of March 12, 1846.)
The act of the State Legislature, approved March 22, 1898 (Laws
of New Jersey, 1898, page 142), gives consent to the purchase of the
twenty-two lots conveyed by deeds numbered 4, 5, and G, ante, and
ceded jurisdiction thereover, " upon the express condition that the
state of New Jersey shall retain concurrent jurisdiction with the
United States in and over such land so far as that all civil processes in
all cases, and such criminal and other processes as may issue under the
laws or authority of the state of New Jersey against any person or
persons charged with crimes, misdemeanors or criminal offenses com-
mitted within the state may be executed thereon, in the same way and
manner as if such consent had not been given or jurisdiction ceded,
except so far as such processes may affect the real or personal prop-
erty of the United States."
The Light-House Tract comprises a tract 200 feet by 400 feet with
limits as agreed to by Department of Commerce and Labor, July,
1909.
Revocable Licenses: License, March 31, 1853, to New York and
Sandy Hook Telegraph Company to erect station and string wires
on reservation.
License, November 18, 1874, to New York Merchants Exchange and
News Association to put up wooden building for a telegraph station
on reservation.
License, June 2, 1877, to Western Union Telegraph Company to
erect marine observatory tower and to change location of existing
station.
License, July 24, 1882, to Treasury Department to erect frame
building for the temporary storing of boats and other life-saving
appliances.
License, December 17, 1885, to Inspector of Life Saving Stations
to change location of station at Sandy Hook.
License, April 12, 1889, to Treasury Department to change location
of life-saving station at Sandy Hook.
NEW JERSEY. 235
License, January 21, 1892, to Treasury Department to place a fog-
signal on "the wrecks" at Sandy Hook.
License, April 26, 1892, to Treasury Department to run land wires
from dynamo house to connect with cable for purpose of lighting
turning buoy.
License, August 29, 1894, to Treasury Department to land tele-
phone cable for use of Light House Board.
License, January 3, 1895, to Treasury Department to increase size
of lot occupied as life-saving station.
License, November 11, 1897, to Postal Telegraph-Cable Company
to erect poles and small signal tower on reservation.
License, June 17, 1902, to International Committee of Young Men's
Christian Association to erect and maintain a building on the reser-
vation. License given in accordance with Act of Congress, approved
May 31, 1902.
License, December 9, 1904, to Postal Telegraph-Cable Company for
water supply and sewer for its building.
License, July 2, 190G, to Weather Bureau, Department of Agricul-
ture, to erect meteorological observatory.
FORT MOTT.
The reservation, formerly called Finn's Point, contains an area of
146.10 acres of land, with metes and bounds as given in G. O. No. 81,
W. D., April 9, '1907, and is situated on the Delaware River in the
township of Lower Penns Neck, 6 miles from the town of Salem, in
Salem County. The title is as follows:
1. Deed from John G. Mason, et al., Executors, etc., dated July 15,
1837, conveying 104.35 acres. Recorded in Liber U U, folio 85, etc.,
of the deed records of Salem County.
2. Decree of condemnation for 41.75 acres, in a cause entitled the
United States ?\ Edward S. Sharp, in the District Court of the
United States for the District of New Jersey. Rendered March 11,
1901, and affirmed per mandate of Supreme Court of the United
States, June 29, 1904. Decree filed in Clerk's Office of District Court,
District of New Jersey.
Jurisdiction over the tract acquired in 1837 was ceded to the
United States by acts of the State Legislature, approved April 6,
1871, and February 1, 1872, which provide as follows :
"Be it enacted, etc., That the consent of the State be, and the same
is hereby, given to the erection of defenses on Finn's Point by the
United States; the consent herein and hereby given being as pro-
vided in the seventeenth clause o^the eighth section of the first article
of the constitution of the United States, and in the acts of Congress
in such case made and provided." (Approved April 6, 1871.)
"Be it enacted, etc., That the act entitled 'An act giving the consent
of the State of New Jersey to the erection of defenses at Finn's Point,
New Jersey,' approved April sixth, 1871, shall be so construed as to
give the consent of the State to the purchase by the United States of
the land on Finn's Point, for the erection of fortifications thereon."
(Approved February 1, 1872.)
By act approved February 13, 1900 (Laws of New Jersey, 1900,
p. 11), consent was given and jurisdiction ceded over the 41.75 acres
acquired under decree of March 11, 1901, affirmed in 1904 (No. 2,
236 UNITED STATES MILITARY RESERVATIONS, ETC.
ante}, " upon the express condition that the State of New Jersey shall
retain concurrent jurisdiction with the United States in and over the
said land, so far as that all civil process in all cases, and such criminal
or other process as may issue under the laws or authority of the State
of New Jersey against any person or persons charged with crimes or
misdemeanors committed within the State, may be executed therein
in the same way and manner as if said consent had not been given or
jurisdiction ceded, except so far as such process may affect the real
or personal property of the United States."
RED BANK (MONUMENT SITE).
This reservation, containing 400 square feet, is situated 8 miles be-
low the City of Philadelphia, at Red Bank, on the east shore of
the Delaware River in the township of West Deptford, Gloucester
County. The title is as follows:
Deed from Benjamin P. Heritage and wife, dated May 16, 1872,
conveying 100 acres. Recorded in Book N 5, page 219, etc., of the
deed records of Gloucester County, at Woodbury.
By Executive Order, dated December 15, 1903, the President •
directed the transfer, to take effect March 25, 1904, to the Interior
Department of all the above tract with the exception of the monu-
ment site twenty feet square.
Jurisdiction ceded to the United States by the following act of the
State Legislature, approved March 12, 1873 :
" 1. Be it enacted, etc., That the consent of the State be, and the
same is hereby, given to the purchase by the United States, for the
purpose of erecting thereon forts and other needful buildings, of a
certain tract of land, containing one hundred acres, more or less,
situated at Red Bank, on the east bank of the Delaware River, in the
township of West Deptford, and county of Gloucester, in said State ;
being the same premises described by metes and bounds in a deed of
conveyance of the same to the United States of America by Benjamin
P. Heritage and Margaret, his wife, dated May sixteenth, one thou-
sand eight hundred and seventy-two, and recorded in the clerk's office
of said county, at Woodbury, in book N five of deeds, page two hun-
dred and nineteen, and so forth."
UNITED STATES POWDER DEPOT.
This reservation contains 1,866.12 acres, and is situated in the
townships of Rockaway and Jefferson, in Morris County. The title
is as follows :
1. Deed from George E. Righter, dated June 26, 1880, conveying
1,195.80 acres. Recorded in Book L 10, page 16, etc., of the deed
records of Morris County.
2. Deed from Uel H. Wiggins and wife, dated July 17, 1880, con-
veying 167.32 acres. Recorded in Book L 10, page 22, etc., of same
records.
3. Deed from Edward C. Fiedler and wife, et al., dated July 30,
1880, conveying 304.20 acres. Recorded in Book L 10, page 315, etc.,
of same records.
•4. Deed from Henry Doland, et al., dated August 20, 1880, con-
veying 11 acres._ Recorded in Book M 10, page 463, etc., of same
records.
NEW MEXICO. 237
5. Deed from John E. Kindred, dated March 5, 1881, convey-
ing 187.80 acres. Recorded in Book N 10, page 328, etc., of same
records.
Jurisdiction ceded to the United States by the following act of the
State Legislature, approved March 10, 1880 :
"Be it enacted, etc., That the consent of the legislature of New
Jersey be, and the same is hereby given, to the purchase by the gov-
ernment of the United States, or under the authority of the same, of
any tract, piece or parcel of land from any individual or individuals,
bodies politic or corporate, within the boundaries or limits of the
State, for the purpose of erecting thereon magazines and other need-
ful buildings to be used as a powder depot for the ordnance depart-
ment of the United States Army; and all deeds, conveyances of title
papers for the same, shall be recorded as in other cases upon the land
records of the county in which the land so conveyed may be ; the con-
sent herein and hereby given being in accordance with the seven-
teenth clause of the eighth section of the first article of the constitu-
tion of the United States, and with the acts of Congress in such cases
made and provided."
Easement: Act of Congress, approved May 6, 1886, granted a right
of way to the Morris County Railroad Company. Location ap-
proved, November 13, 1886.
NEW MEXICO.
FORT BAYARD.
This reservation contains about 20 square miles and 533 acres. It
is situated 2 miles from Halls, on the Silver City and Northern
Railroad, in Grant County. The title is as follows :
By Executive Order of April 19, 1869, the original reservation
was made, containing nearly 14 square miles, a Post having been
established thereon August 21, 1866.
By Executive Order of July 15, 1905 (G. O. 145, W. D., August
26, 1905), a tract of 28 acres (28 rods wide and 160 rods long), lying
along the north boundary, was placed under the control of the Secre-
tary of the Interior under Act of July 5, 1884 (23 Stat, L., 103), the
same having been, through error of Interior Department, included
in patents to a private party.
By Executive Order of July 14, 1906 (G. O. No. 134, W. D., July
24, 1906), the boundaries were modified to conform to plats of Gen-
eral Land Office, and to include a strip 80 links wide between the west
boundary and the section line.
Lands to the north and northeast of the reservation, aggregating
about 4,493 acres, were reserved and purchased for the protection of
the water supply of Fort Bayard, as follows :
1. Executive Order of May 23, 1907 (G. O. 120, W. D., June 3,
1907), reserving several tracts aggregating about 1,560 acres within
the limits of the Gila National Forest.
2. Executive Order of July 23, 1908 (G. O. 126, W. D., August 10,
1908), reserving several tracts aggregating about 557 acres.
238 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Executive Order of November 13, 1908 (G. O. 1ST, W. D.,
November 25, 1908), reserving 80 acres.
4. Warranty deed from Thomas E. Harrington, et ux., dated Au-
gust 31, 1907, conveying 322.41 acres. Recorded in Book 47, pages
79 and 80 of the Deed Eecords of Grant County.
5. Quitclaim deed from Frank W. Eaton, Jr., et ux., dated August
21, 1907, conveying 120 acres. Eecorded in Book 47, pages 57 and 58,
of same records.
6. Quitclaim deed from Charles Eaton, dated August 21, 1907.
conveying 160 acres. Recorded in Book 47, page 56, of same
records.
7. Quitclaim deed from Albert Eaton, dated August 21, 1907, con-
veying 160 acres. Recorded in Book 47, pages 56 and 57, of same
records.
8. Warranty deed from Minnie A. Paeske, widow, dated February
15, 1908, conveying 160 acres. Recorded in Book 47, pages 153 and
154, of same records.
9. Warranty deed from Charles Stephens, et ux., dated August 20,
1908, conveying 26 acres. Recorded in Book 47, pages 238 and 239,
of same records.
10. Warranty deed from Melvin E. McElyain, et ux., dated August
28, 1908, conveying 344 acres. Recorded in Book 47, pages 81-83,
of same records. Title to this tract also acquired under decree in
condemnation of March 203 1908.
11. Deed from E. A. Wayne, Trustee Estate of Comanche Mining
and Smelting Company, dated April 18, 1908, conveying certain sub-
divisions aggregating 612 acres; also servitude for pipe lines. Re-
corded in Book 47, pages 162-164, of same records.
12. Warranty deed from Charles Stephens, et ux., dated August 27,
1907, conveying 391.7 acres. Recorded in Book 47, pages 80 and 81,
of same records. Title to this tract was also acquired under decree
in condemnation of March 20, 1908.
Revocable License: License, Aug. 15, 1907, to Forest Service,
Dept. of Agriculture for telephone line.
SANTA FE NATIONAL CEMETERY.
This reservation contains an area of 9.44 acres and is situated at
Santa Fe, in Santa Fe County. The title is as follows :
1. Deed from John B. Lamy, Bishop of Sante Fe, dated July 2,
1870, conveying a tract by metes and bounds containing 16,900 square
feet. Recorded in Book E, page 394, etc., of the deed records of
Santa Fe County.
2. Deed from John B. Lamy, Bishop of Santa Fe, dated October
11, 1875, conveying 1.95 acres, with right of way, etc. Recorded in
Book H, page 364, etc., of same records.
3. Decree of condemnation for 7.10 acres in the District Court of
the United States, for the First Judicial District, of the Territory of
New Mexico. Decree rendered January 30 1894, and filed in the
Clerk's Office of said court.
The above sale of cemetery property by the Bishop of Santa Fe was
confirmed by an act of the Legislature of the Territory of New Mexico
approved December 21, 1875.
NEW YORK. 239
FORT WINGATE.
This reservation contains an area of about 115 square miles and is
situated in McKinley County on the line of the Atlantic and Pacific
Railroad, in Townships 13, 14 and 15 North, Ranges 15, 16 and 17
West of the NeAV Mexico Principal Meridian. Taken from the pub-
lic domain by Executive Order, reserving 100 square miles for mili-
tary purposes, dated February 18, 1870. Reservation enlarged by
Executive order dated March 26, 1881, by adding 30 square miles for
the purpose of supplying Post with timber, etc. ; but the order was
ineffectual as to the odd-numbered sections within the addition — the
rights of the Atlantic and Pacific Railroad Company having at-
tached prior to the order of reservation.
Easement. — The Atchison. Topeka and Santa Fe Railroad Com-
pany, successor to the Atlantic and Pacific Railroad Company, has
a right of way across the reservation under Act of Congress of July
27, 1866 (14 Stat. L., 294). See Railroad Company v. Baldwin, 103
U. S., 426.
fie vocable Licenses. — License, October 2, 1903, to John P. F.
Bloomfield to occupy and use for dairy and garden purpose a portion
of the reservation known as the milk ranch.
License, June 27, 1904, to the Santa Fe Pacific Railroad Company
to use the water of Springs Nos. 1 and 2, known as West Spring, and
lay a pipe therefrom to Wingate Station.
License, April 16, 1906, to Gallup Automatic Telephone Exchange
for telephone line.
NEW YORK.
For a list of places over which the State of New York has ceded
jurisdiction to the United States, see Revised Statutes of New York,
1901, Birdseye, Vol. 3, page 3339, et seq.
GENERAL ACT OF CESSION.
" SECTION 1. The consent of the state of New York is hereby given
to the purchase by the government of the United States, ana under
the authority of the same, of any tract, piece or parcel of land from
any individual or individuals, bodies politic or corporate within the
boundaries of this state, situate upon or adjacent to the navigable
waters thereof, for the purpose of erecting thereon light-houses,
beacons, light-house keepers' dwellings, works for improving naviga-
tion, post-offices, custom-houses, fortifications, and all deeds, convey-
ances or other papers relating to the title thereof shall be recorded in
the office of the register or county clerk of the county where the said
lands are situated.
" § 2. Whenever the United States is desirous of purchasing or
acquiring the title to any tract, piece or parcel of land within the
boundaries of this state for any of the purposes aforesaid, and can not
agree with the owner or owners thereof as to the purchase thereof,
or if the owners of any of said lands are unknown, infants, of
unsound mind, of nonresidents, or if for any other reason a perfect
title can not be made to said lands, or any part thereof, the United
240 UNITED STATES MILITARY RESERVATIONS, ETC.
States, by any agent authorized under the hand and seal of any head
of an executive department of the government of the United States,
is authorized to apply to the supreme court of the state, in and for
the county within which the said lands are situated, to have the said
lands condemned for the use and benefit of the United States, under
the provisions of the statutes of this state applying to condemnation
of lands.
" § 3. Whenever the United States, by any agent authorized under
the hand and seal of any head of an executive department of the
government of the United States, shall cause to be filed and recorded
in the office of the secretary of state of the state of New York, cer-
tified copies of the record of transfer to the United States of any
tracts or parcels of land within this state, which have been acquired
by the United States for any of the purposes aforesaid, together with
maps or plats and descriptions of such lands by metes and bounds,
and a certificate of the attorney-general of the United States that the
United States is in possession of said lands and premises for either
of the works or purposes aforesaid, under a clear and complete title,
the governor of this state is authorized, if he deems proper, to exe-
cute in duplicate, in the name of the state and under its great seal, a
deed or release of the state ceding to the United States the jurisdic-
tion of said tracts or parcels of land as hereinafter provided.
" § 4. The said jurisdiction so ceded shall be upon the express con-
dition that the state of New York shall retain a concurrent jurisdic-
tion with the United States on and over the property and premises so
conveyed, so far as that all civil and criminal process, which may
issue under the laws or authority of the state of New York, may be
executed thereon in the same way and manner as if such jurisdiction
had not been ceded, except so far as such process may affect the real
or personal property of the United States.
" § 5. The said property shall be and continue forever thereafter
exonerated and discharged from all taxes, assessments and other
charges, which may be levied or imposed under the authority of this
state; but the jurisdiction hereby ceded and the exemption from tax-
ation hereby granted, shall continue in respect to said property so
long as the same shall remain the property of the United States, and
be used for the purposes aforesaid, and no longer.
" § 6. One of the deeds or leases so executed in duplicate shall be
delivered to the duly authorized agent of the United States, and the
other deed or release shall be filed and recorded in the office of the
secretary of state of the state of New York ; and said deed or release
shall become valid and effectual only upon such filing and recording
in said office.
" § 7. The secretary of state shall cause to be printed in the session
laws of the year succeeding file in his office of said deed, a statement
of the date of the application of the United States for said deed and
a copy of the description of the lands so conveyed or ceded, together
with the date of the recording of said deed in the office of the said
secretary of state.
" § 8. This act shall not apply to the colinty of Orange."
(Approved April 17, 1896. Laws of New York, 1896, Vol. 1, p.
377. Rev. Stats, of N. Y., Birdseye, 1901, Vol. 3, page 3365.)
NEW YOEK. 241
ARMY BUILDING.
This property, formerly the Old Produce Exchange, was purchased
for Army purposes under the provisions of an Act of Congress
approved February 2, 1886. It is situated in the city of New York,
and bounded by Whitehall, Pearl, Moore, and Water Streets. The
title is as follows:
Deed from the New York Produce Exchange, dated March 27,
1886, conveying the above property, and recorded in the Office of the
Register of the City and County of New York in Liber 1955, page 73.
Jurisdiction was ceded to the United States by an act of the State
Legislature, passed March 10, 1886, which provides as follows :
" SECTION 1. The consent of the state of New York is hereby given
to the acquisition by the United States by purchase, in conformity
with the laws of the state of New York, of certain lands and grounds
situate in the city of New York, bounded by Whitehall, Pearl, Moore,
and Water streets, together with the building thereon known as the
Old Produce Exchange ; and the said United States shall have, hold,
occupy and own the said lands when thus acquired and exercise
jurisdiction and control over the same and every part thereof, sub-
ject to the restrictions hereafter mentioned.
" SEC. 2. The jurisdiction of the state of New York, in and over
the said lands mentioned in the foregoing section, when acquired by
the United States, shall be and the same is hereby ceded to the United
States, but the jurisdiction hereby ceded shall continue no longer
than the said United States shall own the said lands.
" SEC. 3. The said consent is given and the said jurisdiction ceded
upon the express condition that the state of New York shall retain
concurrent jurisdiction with the United States in and over the said
land or lands so far as that all civil process in all cases, and such
criminal or other process as may issue under the laws or authority of
the state of New York against any person or persons charged with
crimes or misdemeanors committed within the state, may be executed
therein in the same way and manner as if such consent had not been
given or jurisdiction ceded, except so far as such process may affect
the real or personal property of the United States.
" SEC. 4. The jurisdiction hereby ceded shall not vest until the
United States shall have acquired the title to the said land or lands
by purchase or condemnation in conformity with the laws of this
state and so long as said land or lands shall remain the property of
the United States when acquired as aforesaid, and no longer; the
same shall be and continue exonerated from all taxes, assessments
and other charges which may be levied or imposed under the author-
ity of the state." (Passed March 10, 1886. Rev. Stats, of N. Y. 8th
ed. Vol. 1, p. 234.)
See also General Act of Cession.
CYPRESS HILLS NATIONAL CEMETERY.
This reservation, established as a National Cemetery in 1862, com-
prises the upper and lower cemeteries, the former containing 2.75
16809—10 16
242 UNITED STATES MILITARY RESERVATIONS, ETC.
acres and the latter 15.39 acres, making a total of 18.14 acres. It is
situated at Brooklyn, on Long Island. The title is as follows:
1. Deed from the Cypress Hills Cemetery Corporation, dated
March 29, 1870, conveying two plats in said cemetery. Recorded in
the Clerk's Office for Queens County, in Liber 342, page 380.
2. Deed from Isaac Snediker and wife, dated May 22, 1884, con-
veying " upwards of 15 acres of land." Recorded in Register's Office
Kings County, Liber 1569, page 348.
Jurisdiction was ceded to the United States by an Act of the State
Legislature passed April 2, 1884, which provides as follows :
" SECTION 1. The jurisdiction of this state over a certain piece or
parcel of land, situate partly in the town of New Lots, Kings County,
and partly in the town of Newtown, Queens County, containing fif-
teen and thirty-nine one-hundredths acres, an accurate description
and plat of which, sworn to by an officer of the United States, has
been deposited in the office of the secretary of the state of New York,
is hereby ceded to the United States of America, for the purpose of
establishing a national cemetery whenever said land shall be acquired
by the United States : Provided, that this cession is upon the express
condition that the state of New York shall retain concurrent juris-
diction with the United States in and over said land, when acquired
as aforesaid, so far as that all civil and criminal process issuing
under the authority of this state may be executed on said land in the
same way and manner as if this act had not been passed ; and exclu-
sive jurisdiction shall revert to this state whenever said land shall
cease to be the property of the United States.
" SEC. 2. The land aforesaid, when acquired, shall be forever
exempt from all taxes and assessments so long as the same shall re-
main the property of the United States. (Passed April 2, 1884. Rev.
Stats, of N. Y., 8th ed., Vol. 1, p. 232.)
rOBT HAMILTON.
This reservation contains an area of 155.60 acres more or less,
with metes and bounds as announced in G. O. No. 122, W. D., Aug.
5, 1908. It is situated on the southwest shore of Long Island 5J
miles south of the " Battery " of New York City, commanding the
" Narrows." The title is as follows :
1. Deed from The Mayor, Aldermen, and Commonalty of the City
of New York, dated May 30, 1814, conveying 60 acres 1 Rood and 6
perches of land in New Utrecht. Recorded in the Clerk's Office of
Kings County, in Liber 11, page 171.
2. A tract of 17 acres, 14 perches and 105 yards was acquired by
condemnation, September 11, 1826, under Acts of November 27, 1824,
and April 17, 1826, post.
3. Deed from Julia Delaplaine, dated September 9, 1862, convey-
ing 21 Acres 2 Roods and 25.789 perches of land in New Utrecht.
Recorded in the Register's Office of Kings County, in Liber 585, page
157. Purchase made by authority of Act of Congress approved
February 20, 1862. Confirmed by Act of June 23, 1874.
4. Deed from George S. Gelston and wife, dated March 24, 1852,
conveying, by way of exchange, 11 Acres 3 Roods and 25 perches of
land. Recorded in the Clerk's Office for Kings County, in Liber
NEW YORK. 243
275, page 267. Exchange made by authority of Act of Congress ap-
proved February 14, 1851.
5. Deed from the Town of New Utrecht, dated February 1, 1892,
conveying all right, title, and interest in and to the Shore Road, Old
County Road, Seventh Avenue, etc. Recorded in Register's Office
for Kings County, Liber 2101, page 1.
6. Deed from The Dyker Meadow Land and Improvement Com-
pany, dated February 10, 1892, conveying 56.537 acres, also 8.985
acres under water. Recorded in Liber 2099, page 4, of same records.
7. Decree of Condemnation for the highways and lands described
in the above conveyances from The Town of New Utrecht and the
Dyker Meadow Land and Improvement Company, in the case of the
United States v. The Dyker Meadow Land and Improvement Com-
pany and others, in the District Court of the United States for the
Eastern District of New York. Decree rendered at May term, 1891,
and filed with the record of said cause in the Clerk's Office of said
District Court.
8. Deed of Release from Manhattan Company of New York City,
dated February 4, 1892, embracing 65.522 acres. Recorded in Liber
2099, page 13, of the deed records of the Register's Office for Kings
County.
9. Deed of Release from J. Lott Nostrand, dated February 2, 1892,
embracing 65.522 acres. Recorded in Liber 2099, page 10, of same
records.
10. Deed of Release from Marie K. Flaherty, dated February 10,
1892, embracing 65.522 acres. Recorded in Liber 2099, page 6, of
same records.
Jurisdiction over the lands comprising this reservation was ceded
to the United States, as said lands were acquired from time to time
as follows :
(1) By an Act of the State Legislature passed March 20, 1807.
(See Fort Wood.)
(2) By an Act of the State Legislature passed March 18, 1808.
(See Fort Wood.)
Pursuant to the authority vested in them by the Acts of March 20,
1807, and March 18, 1808, the commissioners therein provided for
executed this deed conveying the title to and jurisdiction over said
lands. Deed dated November 6, 1812, and recorded in the Clerk's
Office of the County of Kings in Liber 10, page 395, etc., of the deed
records of said county.
(3) By an Act of State Legislature passed November 27, 1824, as
follows :
" AVhereas by an Act of Congress of the United States of America,
relative to a fortification at the Narrows, in the harbor of New York,
it has become necessary and proper that a cession of jurisdiction over
certain lands in the town of New Utrecht should be made to the
United States : therefore,
" I. Be it enacted, etc., That the jurisdiction in and over all those
certain tracts of land lying in said town of New Utrecht, in the
county of Kings, within this State, the first of which is described as
follows : Beginning containing sixty acres, one rood and
six perches of land ; The second of which is bounded as follows : Be-
ginning * * containing sixteen acres and one-half acre of
244 UNITED STATES MILITARY RESERVATIONS, ETC.
land ; be, and the same is hereby ceded to the United States of
America, for the purpose of erecting fortifications thereon : Provided
nevertheless, That such jurisdiction so ceded as aforesaid, shall not
extend or be construed to extend, so as to impede or prevent the exe-
cution of any process of law, civil or criminal, under the authority of
this State, except so far forth as such process may affect any of the
real or personal property of the United States of America within the
said tracts of land ; and that all the lands and tenements within the
limits aforesaid shall be, and continue forever hereafter, exonerated
and discharged from all taxes, assessments, and other charges which
may be laid under the authority of this State."
(Sees. II, III, and IV provide for condemnation of the tract of 16-J-
acres. Passed November 27, 1824. ' Kev. Stats, of N. Y., Birclseye",
1901, Vol. 3, p. 3343.)
(4) By an Act of the State Legislature passed April 17, 1826,
which provides as f ollows :
"Whereas on a resurvey of the second parcel of land mentioned
and described in the said act hereby amended (above act passed Nov.
27, 1824), it has been found that the Northern boundaries of said land
did not embrace all the land wanted by the United States of America
for the purpose of erecting fortifications thereon in the said town (of
New Utrecht) : Therefore,
" I. Be it enacted, etc., That the jurisdiction in and over all that
certain tract or parcel of land, included within the following bound-
aries not heretofore, by the said act hereby amended, vested in the
said United States, beginning * * * containing seventeen acres,
fourteen perches and one hundred and five yards of land, be and the
same is hereby ceded to the United States of America, for the pur-
pose of erecting fortifications thereon: Provided nevertheless, That
such jurisdiction so ceded as aforesaid, shall not extend or be con-
strued to extend so as to impede or prevent the execution of any
process1 of law, civil or criminal, under the authority of this State,
except so far forth as such process may affect any of the real or per-
sonal property of the United States of America within the tract of
land within which jurisdiction is vested as aforesaid; but that the
said land shall be and continue forever hereafter exonerated and dis-
charged from all taxes, assessments and other charges which may be
laid under the authority of this State."
(Sections 2, 3 and 4 provide for condemnation of so much of the
seventeen acres, fourteen perches, and one hundred and five yards of
land, as are not included in the second parcel described in the act of
November 27, 1824. Passed April 17, 1826.)
(5) By an Act of the State Legislature, passed April 18, 1861,
wThich provides as follows:
" SEC. 7. Jurisdiction is also hereby ceded to the United States over
so much land as may be necessary for the construction and mainte-
nance of fortifications and their appurtenances, and over all the con-
tiguous shores, flats, and waters within four hundred yards frohi low-
water mark within this state, as the United States may now own or
hereafter become owners of, by purchase or otherwise, not to exceed
one hundred and fifty acres, the same to be selected by an authorized
officer of the United States, approved by the governor, and the bound-
aries of the land selected, with such approval endorsed thereon, and
NEW YORK. 245
a map thereof filed in the office of the Secretary of State, and by
him recorded; provided always, and the assent aforesaid is granted
upon this express condition, that this state shall retain a concurrent
jurisdiction with the United States in and over the several tracts
aforesaid, so far that all civil and such criminal process as may issue
under authority of this state, against any person or persons charged
with crimes committed within the bounds of this state, may be exe-
cuted therein in the same manner as though this assent had not been
granted, except so far as such process may affect the real or personal
property of the United States.
" The foregoing shall be applicable only to the lands selected, ap-
proved, and owned as aforesaid, and a survey thereof filed and re-
corded as above provided.
" For the purpose of building and maintaining thereon batteries,
forts, magazines, wharves and other necessary structures, with their
appendages adjacent to Fort Hamilton, Kings County, Long Island."
(Sections 8, 9, 10, 11 and 12, as amended by act of February 20,
1862, provide for acquiring title by condemnation. Rev. Stats, of
N. Y., 8th ed., Vol. I., p. 194, sec. 7.)
" SEC. 13. The said property when acquired by the United States
shall be and continue forever thereafter exonerated and discharged
from all taxes, assessments, and other charges, which may be levied
or imposed under the authority of this State; but the jurisdiction
hereby ceded, and the exemption from taxation hereby granted, shall
continue in respect to said property, and to each portion thereof, so
long as the same shall remain the property of the United States, and
be used for the purposes aforesaid, and no longer." (Passed April
18, 1861. Rev. Stats, of N. Y., 8th Ed., Vol. 1, p. 195, sec. 13.)
(6) By an Act of the State Legislature, passed February 20, 1862,
which provides as follows:
" SECTION 1. The last paragraph of the seventh section of the act
entitled 'An Act giving the consent of the State of New York to the
purchase by and ceding jurisdiction to the United States over certain
lands within this State, to be occupied as sites of Light-Houses,
Keepers' Dwellings, and fortifications and their appurtenances,'
passed April 18, 1861, is hereby amended so as to read as follows:
For the purpose of building and maintaining thereon Batteries,
Forts, Magazines, Wharfs, and other necessary structures, with their
appendages, adjacent to Fort Hamilton, Kings County, Long Island,
and adjacent to Fort Tompkins, in the town of Southfield, County of
Richmond, Staten Island.
" SEC. 2. The eighth section of the said Act shall be amended so as
to read as follows :
" In case the United States shall desire to purchase any land
selected in pursuance of the first and seventh sections of said act, or
either of 'said sections, and shall be unable to agree for the purchase
of the same it shall have the right to acquire title to the same, in the
manner hereinafter prescribed, provided, however, that a due regard
be had to the improvements and buildings on the same, the damage if
any to the adjacent lands now belonging to the same owners, and that
the title be acquired before the first day of January, eighteen hundred
and sixty-three."
(Section 3 provides for the qualifications of Commissioners.
Passed February 20, 1862.)
246 UNITED STATES MILITARY RESERVATIONS, ETC.
Title to and jurisdiction over water-covered lands was ceded to the
United States by an Act of the State Legislature passed May 7, 1880,
for which see Fort Wood.
By patent from the Governor of the State of New York, dated May
26, 1880, the title to, and jurisdiction over, the premises described
in the Act of May 7, 1880, were granted and conveyed to the United
States subject to the terms of the said Act and the limitations con-
tained therein. Patent recorded May 26, 1880, in Book of Patents
No. 44, page 604, etc., of the records of patents in the Office of the
Secretary of State for the State of New York.
By an Act of the State Legislature passed March 27, 1893, which
provides as follows:
" SECTION 1. The consent of the State of New York is hereby given
to the acquisition by the United States, by purchase or by condemna-
tion proceedings in conformity with the laws of this state, of one or
more pieces of land, measuring in the aggregate not exceeding sixty
acres, situate adjacent to and on the east side of the present military
post of the United States at Fort Hamilton, Gravesend Bay, New
York, and more particularly described as follows: [Here describes
the tract by metes and bounds] .
" The further consent of the state of New York is hereby given to
the acquisition by the United States, by purchase or by condemnation
proceedings in conformity with the laws of the state of New York, of
a piece of land on Plumb Island near eastern border of Sheepshead
Bay, New York, measuring fifty acres, more or less, taken from the
eastern end of said island, and more particularly described as follows :
[Here describes the tracts by metes and bounds]. Upon the lands so
acquired near Fort Hamilton, and upon Plumb Island, the United
States may erect fortifications, barracks, wharves and so forth, for
the defense of the southern or main entrance to New York Harbor;
and the United States shall have, hold, occupy and own the said
lands when thus acquired, and exercise jurisdiction and control over
the same and every part thereof, subject to the restrictions herein-
after mentioned.
" SEC. 2. The jurisdiction hereby ceded shall not vest until the
United States shall have acquired the title to such land or lands by
purchase or by condemnation in conformity with the laws of this
state, nor until plats and descriptions of the land thus acquired shall
have been filed in the office of the Secretary of State of the State of
New York. Such jurisdiction shall continue no longer than the
United States shall own such land or lands, and such consent is given
and jurisdiction ceded upon the express condition that the state of
New York shall retain concurrent jurisdiction with the United States
in and over such land or lands so far as that all civil process in all
cases, and such criminal or other process as may issue under the laws
or authority of the state of New York against any person or persons
charged with crimes, misdemeanors, or criminal offenses committed
within the state, may be executed thereon, in the same way and man-
ner as if such consent had not been given or jurisdiction ceded, except
so far as such process may affect the real or personal property of the
United States.
" SEC. 3. So long as such land or lands thus acquired shall remain
the property of the United States, and no longer, the same shall be
and continue exonerated from all taxes, assessments, and other
NEW YORK. 247
charges which may be levied or imposed under the authority of the
state. If the United States can not acquire the title to any such land
or lands, or any part thereof, by purchase, they may acquire such
title by condemnation by legal proceedings duly instituted for the
purchase either in the state or the federal courts." (Passed March
27, 1893. Laws of N. Y., 1893, vol. 1, p. 384.)
See also General Act of Cession.
Revocable Licenses: License, June 1, 1903, to the Dyker Meadow
Golf Club to use a portion of the reservation for golfing purposes.
License, March 8, 1906, to New York and New Jersey Telephone
Company, for telephone system.
License, March 15, 1908, to Police Department, New York City, to
land cable.
License, June 13, 1908, to U. S. Volunteer Life Saving Corps, for
portable station.
FORT H. G. WRIGHT.
This reservation is situated at the eastern entrance of Long Island
Sound, on Fisher's Island, and contains about 268.6 acres in the main
reservation, 36.13 acres in the " Mount Prospect " reservation, and
0.98 acre in the right of way thereto, with metes and bounds as given
in G. O. No. 248, W. D., December 21, 1909.
The title to land acquired in 1898 rests on decree of the District
Court of the United States for the Eastern District of New York,
filed and entered August 8, 1898, and is also evidenced by the follow-
ing deeds:
(a) Deed from Walton Ferguson and wife, dated September 1, 1898,
conveying certain land therein described by metes and bounds, to-
gether with certain riparian rights. Recorded in Liber 472, page 134,
of the records of Suffolk County.
(b) Deed from Theodora Gordon, dated September 3, 1898, convey-
ing certain land therein described by metes and bounds. Recorded in
Liber 472, page 140, of same records.
(c) Deed from Edmund M. Ferguson and wife, dated September 5,
1898, conveying certain land therein described by metes and bounds.
Recorded in Liber 472, page 137, of same records.
The title to additional lands acquired in 1908 and 1909 is as
follows :
1. Deed from John Nevin Sayre, et al., executors, etc., dated April
4, 1908, conveying 4.20 acres. Recorded in liber 654, page 393 of the
same records.
2. Deed from Walton Ferguson and wife, and Walton Ferguson
as trustee, etc., dated April 18, 1908, conveying 5 parcels aggregating
63.3 acres of upland and 6.62 acres of pond. Recorded in liber 654,
page 398 of same records.
3. Deed from Josephine E. Ferguson, et al., dated April 18, 1908,
conveying the same premises as No. 2 supra. Recorded in liber 654,
page 404.
4. Deed from Walton Ferguson and wife, and Walton Ferguson as
trustee, etc., dated April 18, 1908, quitclaiming rights in premises con-
veyed by deed No. 1, cited supra.
5. Decree of Condemnation, in the United States District Court,
Eastern District of New York, rendered August 7, 1909, in United
States v. George H. Bartlett, et al., covering two tracts, one contain-
ing 1.07 acres, and the other 5.54 acres.
248 UNITED STATES MILITARY RESERVATIONS, ETC.
6. Resolution of Town Board of the Town of Southold, Suffolk
County, New York, dated April 13, 1908, discontinuing as a highway
that part of Equestrian Avenue lying within the military reservation.
Jurisdiction over premises acquired in 1898 ceded under " Gen-
eral Act of Cession" by Governor's deed of October 28, 1898, and
jurisdiction over premises acquired in 1908 by Governor's deed of
January 22, 1909.
FORT JAY (GOVERNOR'S ISLAND).
This reservation includes the whole Island and of submerged lands
contiguous thereto within limits given in G. O. No. 4, W. D., January
13, 1909, containing an area of 204.5 acres. Area of island prior to
recent filling operations 68.76 acres. It is situated in New York
harbor at the junction of the Hudson and East Rivers. The title
is as follows:
Governor's Island came into possession of the United States as a
donation by an Act of the Legislature of the State of New York
passed February 15, 1800. (See Fort Wood.) Prior to the Ameri-
can Revolution the island was a perquisite of the Colonial Governor,
who was the representative of the King of England, but after the
war became the property of the Colony and then of the State of New
York. Title, etc., to lands covered with water contiguous to the
Island was ceded to the United States by an Act of the State Legisla-
ture, approved May 7, 1880, for which see Fort Wood; and by Pat-
ent from the Governor of the State of New York, dated May 26,
1880, under said Act of May 7, 1880. Patent recorded May 26, 1880,
in Book of Patents No. 44, page 604, etc., of the records of Patents
in the office of the Secretary of State for the State of New York.
Pursuant to the provisions of Acts of the State Legislature ap-
proved February 27, 1901, and March 6, 1903, the area was increased
by the addition of the following tracts under water for the purpose
of enlarging the reservation by filling :
1. Patent from the Governor of the state, dated March 7, 1901,
under Act of February 27, 1901 (Ch. 46, Laws of 1901), conveying
the title to and jurisdiction over certain lands therein described.
Recorded in Book of Patents No. 50, at page 386, etc., in the office of
the Secretary of State for the State of New York.
2. Patent from the Governor of the state, dated June 5, 1903, under
Act of March 6, 1903 (Ch. 18, Laws of 1903), conveying title to and
jurisdiction over certain land therein described. Recorded in Liber
50 of Patents, at page 389, same records. See also General Act of
Cession.
Revocable Licenses: License, April 25, 1900, to Young Men's
Christian Association of the city of New York to erect a one-story
wooden building on the reservation.
License, March 30, 1905, to Corporation of Trinity Church to erect
and maintain a new chapel. Chaplain provided by vestry of Trinity
Church, authorized by Secretary of War under date of August 11,
1868, to occupy public quarters.
License, June 26, 1906, to New York Telephone Co. for telephone
system on reservation.
FORT LAFAYETTE.
This reservation contains an area of about 2 acres of land with
water rights. It is situated in New York Harbor, about 6 miles from
NEW YORK. 249
Brooklyn, and commands, in part, the " Narrows." The title is as
follows :
Title to and jurisdiction over the above lands ceded by acts of the
State Legislature passed March 20, 1807, and March 18, 1808, for
which see Fort Wood. Pursuant to the authority vested in them by
the above cited acts, the Commissioners therein provided for executed
their deed conveying title to and jurisdiction over said lands. Deed
dated November G, 1812, and recorded in the Clerk's Office of the
County of Kings in Liber 10, page 395, etc., of the deed records of
said County. (This deed embraces 30 acres 2 roods and 30 perches.)
Title to and jurisdiction over water-covered lands was ceded to the
United States by an Act of the State Legislature passed May 7, 1880,
for which see Fort Wood.
By Patent from Governor of the State of New York, dated May
26, 1880, the title to and jurisdiction over the premises described in
the Act of May 7, 1880, were granted and conveyed to the United
States subject to the terms of the said Act and the limitations con-
tained therein. Patent recorded May 26, 1880, in Book of Patents
No. 44, page 604, etc., of the records of patents in the office of the Sec-
retary of State for the State of New York.
See also General Act of Cession.
MADISON BARRACKS (POST).
This reservation contains an area of about 94 acres, exclusive of
the Water Lot (area about 0.32 acre), the Pumping Station (area
about 2.6 acres), and the New Post Cemetery (area about 4.86 acres) ;
and is situated on the south shore of Black River Bay, about 10 miles
from Lake Ontario, adjoining the town of Sackett's Harbor, in
Jefferson County.
The original reservation, acquired from 1813 to 1817, comprised
an aggregate area of 39.21 acres, together with the Water Lot above
described, and the Bakery and Barn Lots which have since been sold.
Under authority of an Act of Congress, approved March 2, 1889,
as amended by Act approved February 24, 1891, an addition of about
54.5 acres was purchased; and in 1893 a tract of 2.6 acres was pur-
chased for a pumping station, with right of way for water mains.
In 1906 a tract of 4.86 acres was acquired for a new cemetery.
The title to the lands now owned by the United States is as follows:
1. Deed from Samuel F. Hooker, dated July 1, 1813, conveying
0.32 acre — being the Water Lot referred to above. Recorded in Liber
F, page 44, of the Deed Records of Jefferson County.
2. Deed of May 10, 1814, to " Isaac Chauncey, Commodore of the
United States Navy on Lake Ontario," conveying 3.875 acres. Re-
corded in Liber G, page 125, of same records.
3. Deed of March 10, 1815, to same grantee, and conveyed by said
grantee to the Secretary of the Navy, March 10, 1815, conveying
3.3375 acres. Recorded in Liber G, page 328, of same records.
4. Deed from Thomas Ludlow Ogden, Trustee, etc., dated October
5, 1816, conveying 22 acres of land. Recorded in Book I, page 204,
etc., of same records.
5. Deed from Thomas Ludlow Ogden, Trustee, etc., dated March
28, 1817, conveying 10 acres of land. Recorded in Book K, page 15,
etc., of same records.
250 UNITED STATES MILITARY RESERVATIONS, ETC.
6. Deed from Mary T. Mallaby et al., dated August 31, 1891, con-
veying undivided one-half of 1 acre, etc. Kecorded in Book 265,
page 304, of same records.
7. Quitclaim deed from Col. R. I. Dodge, dated September 3, 1891,
conveying several tracts embraced in seven several deeds executed to
him as agent for the United States. Recorded in Book 265, page 173,
of same records. The deeds to said Col. R. I. Dodge recorded in
Book 265, page 169 ; Book 265, page 171 ; Book 264, page 317 ; Book
264, page 318 ; Book 264, page 319 ; Book 264, page 320, and Book
264, page 321, of same records.
8. Deed from Ellen Stratton and husband, dated December 29,
1891, conveying a strip containing 18,000 square feet of land. Re-
corded in Liber 266, page 302, of same records.
9. Deed from James C. Heath and wife, dated December 29, 1891,
conveying two tracts near Madison Barracks, both described by metes
and bounds. Recorded in Liber 266, page 301, of same records.
10. Deed from John Hamilton and wife, dated September 14, 1891,
conveying two tracts described by metes and bounds. Recorded in
Liber 266, page 300, of same records.
11. Deed from Charles G. Gilmore and wife, dated February 23,
1893, conveying a site for Pumping Station. Recorded in Liber 272,
page 135, of same records.
12. Deed from William McLaughlin and wife, dated March 25,
1893, conveying right of way for water main. Recorded in Liber
271, page 549, of same records.
13. Deed from S. D. Lord and wife, dated March 25, 1893, convey-
ing right of way for water main. Recorded in Liber 271, page 548,
of same records.
14. Deed from Caroline McClary and husband, dated March 25,
1893, conveying right of way for water main. Recorded in Liber
271, page 552, of same records.
15. Deed from Dexter M. Dibble and wife, dated March 25, 1893,
conveying right of way for water main. Recorded in Liber 271,
page 542, of same records.
16. Deed from Abbie Metcalf, dated March 25, 1893, conveying
right of way for water main. Recorded in Liber 271, page 544, of
same records.
17. Deed from Amanda M. Read and husband, dated March 25,
1893, conveying right of way for water main. Recorded in Liber
271, page 545, of same records.
18. Deed from David McKee, dated March 25, 1893, conveying
right of way for water main. Recorded in Liber 271, page 547, of
same records.
19. Deed from Margaret Eveleigh and husband, dated March 27,
1893, conveying right of way for water main. Recorded in Liber
271, page 543, of same records.
20. Deed from Henry J. Lane and wife, dated March 27, 1893,
conveying right of way for water main. Recorded in Liber 271, page
546, of same records.
21. Deed from Charles W. Sloat et al., dated March 29, 1893, con-
veying right of way for water main. Recorded in Liber 271, page
541, of same records.
NEW YORK. 251
22. Deed from Alice C. M. Hewke and husband, dated March 29,
1893, conveying right of way for water main. Eecorded in Liber
271, page 540, of same records.
23. Deed from Enetta A. Lewis, et al., Administrators, etc., dated
April 1, 1893, conveying right of way for water main. Recorded in
Liber 271, page 551, of same records.
24. Deed from Charles G. Gilmore and wife, dated April 6, 1893,
Conveying right of way for water main. Recorded in Liber 271, page
550, of same records.
25. Deed from William Stokes, dated April 7, 1893, conveying
right of way for water main. Recorded in Liber 271, page 539, of
same records.
26. Deed from Ellen Fralick and husband, dated April 14, 1893,
conveying right of way for water main. Recorded in Liber 271,
page 555, of same records.
27. Deed from Abel H. Bowe and wife, dated April 15, 1893, con-
veying right of way for water main. Recorded in Liber 272, page
135, of same records.
28. Deed from John Parker and wife, dated April 17, 1893, con-
veying right of way for water main. Recorded in Liber 272, page
137, of same records.
29. Deed from Mary A. Mason, dated April 17, 1893, conveying
right of way for water main. Recorded in Liber 271, page 136, of
same records.
30. Deed from Charles W. Sloat, et al., dated April 19, 1893, con-
veying right of way for water main. Recorded in Liber 271, page
553, of same records.
31. Deed from Walter B. Camp, Sur. Executor, etc., dated April
27, 1893, conveying right of way for water main. Recorded in Liber
271, page 554, of same records.
32. Deed from Frederick R. Farwell, et al., dated May 6, 1893,
conveying right of way for water main. Recorded in Liber 271,
page 538, of same records.
33. Deed from Fred W. Reeves and wife, dated December 12, 1906,
conveying site for new cemetery, containing 4.86 acres. Recorded in
Liber No. 321, page 124, of same records.
Jurisdiction was ceded to the United States by Acts of the State
Legislature passed March 7, 1846, and May 12, 1892, which acts pro-
vide as follows:
" SECTION 1. The consent of the State of New York is hereby given
to the purchase by the United States of such lots of ground and
tracts of land in or near the City of Buffalo, at or near the mouth of
Genesee River, and at or near Sacketts Harbor, and also to the pur-
chase of such island or islands in the river St. Lawrence between St.
Regis and the Thousand Islands as the authorities or Government of
the United States may select for the site of fortifications or defensive
works at the points above designated, and the United States may
have, hold, use, occupy, and own said lots of land and such island or
islands and exercise jurisdiction and control over the same subject to
the restrictions hereinafter mentioned.
" SEC. 2. The jurisdiction of the State of New York in and over
the said lands and island or islands mentioned in the last section
252 UNITED STATES MILITARY RESERVATIONS, ETC.
shall be and the same is hereby ceded to the United States for the
purpose of erecting fortifications and defensive works thereon.
" SEC. 3. The said consent is given and the said jurisdiction ceded
upon the express condition that the State of New York shall retain a
concurrent jurisdiction with the United States in and over the said
tracts of land and island or islands so far as that all civil process in
all cases and such criminal process as may issue under the laws or
authority of the State of New York against any person or persons
charged with crimes committed without said tracts of land and
island or islands may be executed thereon in the same way and man-
ner as if such consent had not been given or jurisdiction ceded except
so far as such process may affect the real or personal property of the
United States.
" SEC. 4. The jurisdiction hereby ceded shall not vest in respect to
any or either of such lots of land or islands until the United States
shall have acquired title to the same either by purchase or in the man-
ner hereinafter prescribed.
" SEC. 5. If the United States can not acquire the title to the said
tracts of land and islands, or either of them by purchase the same may
be taken and the damages may be ascertained and paid in the manner
prescribed in the fourth article of the second title of chapter nine of
the third part of the Revised Statutes and the same proceedings shall
be had in all respects as are prescribed in the said article.
" SEC. 6. The said tracts of land and island or islands, when ac-
quired by the United States by purchase or by proceedings under the
last section shall be and continue forever thereafter exonerated and
discharged from all taxes, assessments, and other charges which may
be levied or imposed under the authority of this State, but the juris-
diction hereby ceded and the exemption from taxation hereby granted
shall continue in respect to said tracts of land or island or islands
respectively so long as the same shall remain the property of the
United States and no longer." (Passed March 7, 1846. Rev. Stats,
of N. Y., 8th ed., Vol. 1, p. 174.)
" SECTION 1. Consent is hereby given to the government of the
United States of America to purchase and acquire such lands in the
village of Sackett's Harbor, county of Jefferson, for the erection of
forts, magazines, arsenals, dock-yards, and other needful buildings as
it may deem necessary and on the property now owned or hereafter
acquired under this act to which it has obtained title. The jurisdic-
tion over the same shall vest in the said United States, but the juris-
diction hereby granted shall not impede or prevent the execution of
any legal process, civil or criminal, issued under the authority of this
State, except such as may affect the real or personal property of said
United States.
" SEC. 2. The jurisdiction hereby granted shall cease whenever the
said United States shall cease to occupy the said lands for the pur-
poses aforesaid; but during such occupation, and no longer, said
lands shall be exempt from all taxes and assessments or other charges
under the authority of this State." (Approved May 12, 1892. Laws
of N. Y., 1892, ch. 505.)
To enable the United States to acquire the right of water supply
for Madison Barracks and to cede the jurisdiction over such fran-
NEW YORK. 253
chise to the United States the following act of the State Legislature
was passed April 3, 1893 :
" SECTION 1. Consent is hereby given to the government of the
United States of America to purchase and acquire the right of way
in the village of Sackett's Harbor, or town of Hounsefield, county of
Jefferson, to carry water through pipes from the waters of Lake
Ontario and Henderson Bay to Madison Barracks, for the water sup-
ply at that point of the military post of the United States, and to
acquire the title of lands necessary for that purpose, or the right of
way only. And the State of New York hereby cedes to the United
States the right to lay such pipes under and along the highways of
said state, provided the same are restored to as good condition as the
same were in before such pipes were laid, and to enter upon said high-
way and keep the said pipes in repair, upon the same condition, and
hereby concedes jurisdiction to the said United States over the lands
and franchises which the United States has acquired for the purpose
of such water supply, or may acquire pursuant to this act.
" SEC. 2. In case the United States can not agree for the purchase
thereof with the owners of such lands and franchises as it may need
for the purposes aforesaid, the Secretary of War of the United States,
or such officer as he may appoint for that purpose, or any officer of
the United States authorized by the government of the United States
so to do, may proceed to obtain the said lands and franchises accord-
ing to the condemnation laws of this state." (Laws of N.»Y., 1893,
Vol. 1, p. 494, ch. 261.)
See also General Act of Cession.
Revocable licenses: License, August 27, 1903, to Black River Tele-
phone Company to construct, operate and maintain its telephone line
on the reservation.
License, October 9, 1906, to Central New York Telephone and
Telegraph Company for telephone system.
Licenses, March 18, 1908, to W. W. Tyler, S. D. Lord, Ezra J.
Whitaker, Allen C. Beach, Walter B. Camp, and Frank Stearns, for
boat house on " Water Lot."
Similar license, April 23, 1909, to John W. Bodine.
License, November 17, 1908, to D. L. Andrews to use water from
Government main.
MADISON BARRACKS ( STONY POINT TARGET RANGE).
This reservation contains an area of 868 acres, and was acquired
under authority of an act of Congress approved August 6, 1894. It
is situated at Stony Point, about 16 miles from Sackett's Harbor.
Located for the use of Madison Barracks. The title is as follows:
1. Deed from Emily D. Wood, dated May 20, 1895, conveying 78
acres of land. Recorded in Liber 279, page 352, of the deed records
of Jefferson County.
2. Deed from Peter Worthingham and wife, dated May 21, 1895,
conveying 87.90 acres. Recorded in Liber 279, page 355, of same
3. Deed from Birdsall Boyce and wife, et al., dated May 21, 1895,
conveying 13.80 acres. Recorded in Liber 279, page 357, of same
records.
254 UNITED STATES MILITARY RESERVATIONS, ETC.
4. Deed from George H. Warner and wife, dated May 21, 1895,
conveying 169 acres. Eecorded in Liber 279, page 354, of same
records.
5. Deed from Halsey L. Irwin and wife, dated May 21, 1895, con-
veying 44.11 acres. Recorded in Liber 280, page 73, of same records.
6. Deed from Asa W. Carter and wife, dated May 21, 1895, convey-
ing 5 acres. Recorded in Liber 279, page 358, of same records.
7. Deed from Lovilow Jackson, dated May 21, 1895, conveying
11.25 acres. Recorded in Liber 280, page 72, of same records.
8. Deed from Payson F. Thompson and wife, dated May 22, 1895,
conveying 6 acres. Recorded in Liber 279, page 359, of same records.
9. Deed from Ezra J. Clark and wife, dated May 20, 1895, con-
veying 6 acres. Recorded in Liber 280, page 77, of same records.
10. Deed from Heirs of Horace Clark, dated May 20, 1895, con-
veying above 6 acres. Recorded in Liber 280, page 75, of same
records.
11. Deed from Heirs of Greene Clark, dated May 29, 1895, con-
veying above 6 acres. Recorded in Liber 280, page 76, of same
records.
12. Deed from Hulburt Ingraham and wife, dated May 23, 1895,
conveying 3 acres. Recorded in Liber 279, page 353, of same records.
13. Deed from Payson F. Thompson and wife, dated May 22,
1895, conveying 138.50 acres. Recorded in Liber 280, page 71, of
same records.
14. Deed from F. A. Kilby and wife, et al., dated May 21, 1895,
conveying 90.60 acres. Recorded in Liber 279, page 360, of same
records.
15. Deed from Heirs of Nathan Foreman, dated May 22, 1895,
conveying 4.50 acres. Recorded in Liber 280, page 74, of same
records.
16. Deed from James L. McCumber and wife, dated May 21, 1895,
conveying 154.25 acres. Recorded in Liber 280, page 71, of same
records.
17. Deed from George A. Hossington and wife, dated November
19, 1907, conveying 62.25 acres. Recorded in Liber 325, page 148,
of same records.
Jurisdiction ceded by Act, approved April 14, 1909, describing the
premises by metes and bounds, upon the following condition :
" § 2. The said jurisdiction so ceded shall be upon the express con-
dition that the state of New York shall retain a concurrent jurisdic-
tion with the United States on and over the property and premises so
conveyed, so far as that all civil and criminal process, which may
issue under the laws or authority of the state of New York, may be
executed thereon in the same way and manner as if such jurisdiction
had not been ceded, except so far as such process may affect the real
or personal property of the United States."
FORT MICHIE.
This reservation contains about 17 acres, and includes the island
called Great Gull, situated in Long Island 'Sound, about 3 miles east
northeast from Plum Island, in Suffolk County. The title is as
follows :
Deed from Benjamin Jerom, dated January 26, 1803,- conveying
Great and Little Gull Islands "the same being intended for the
NEW YORK. 255
erection of a Light-House and its accommodations." Recorded in
Liber C, — , page 410, of the deed records of Suffolk County, Feb-
ruary 22, 1803. Great Gull Island was transferred by the Treasury
Department to the War Department September 18, 1896, for pur-
poses of national defense.
Jurisdiction was ceded to the United States by an Act of the State
Legislature, passed March 26, 1803, which reads as follows:
" Whereas the United States have purchased the Islands herein-
after mentioned for the purpose of erecting a Light-House on one of
them; and
" Whereas it is meet and proper that the jurisdiction of this State
in and over the said Islands should be made to the United States,
under certain limitations, for the purpose aforesaid : Therefore,
Be it enacted by the people of the State of New York, represented
in Senate and Assembly, That the jurisdiction in and over all those
two certain islands, situate in the County of Suffolk, commonly
known by the names of Great Gull Island and Little Gull Island,
bounded on all sides by the waters of the East River, shall be and
hereby is ceded to the United States of America : Provided, never-
theless, That such jurisdiction, so ceded as aforesaid, shall not ex-
tend or be construed to extend so as to impede or prevent the exe-
cution of any process, Civil or Criminal, under the. authority of
this State, except so far forth as such process may affect any of the
real or personal property of the United States within the said
Islands." (See Rev. Stats, of N. Y., 8th ed., Vol. 1, p. 153, sec. 4.)
See also General Act of Cession.
FORT MONTGOMERY.
This reservation contains about 600 acres of land and is situated
north of and adjoining the village of Rouse's Point, on the western
bank of Lake Champlain and near its outlet, in Clinton County. The
title is as follows:
1. Deed from DeWitt Clinton, Governor of New York, dated
October 17, 1817, conveying Lots 61, 62, 63, 64, 65 and 66 of the
" Refugee tract," aggregating 480 acres. Recorded in Liber F, page
9, etc., of the deed records of Clinton County.
2. Deed from John Warford and wife, dated November 18, 1817,
conveying 9 acres 3 roods and 5 poles of land. Recorded in Liber
F, page 13, etc., of same records.
3. Patent from the State of New York, dated May 15, 1818, con-
veying an Island in Lake Champlain near Rouse's Point; also land
under water opposite Lots 61 to 66, inclusive. Recorded in Liber F,
page 112, etc., of same records.
Jurisdiction ceded to the United States by acts of the State Legis-
lature passed March 31, 1815, April 21, 1818, and April 21, 1840,
which provide as follows:
"I. Be it enacted, etc., That the person administering the govern-
ment of this State, the lieutenant-governor, the Chancellor, the chief
justice of the supreme court, the secretary of state, the attorney-
general, and the surveyor general, for the time being be, and they are
hereby, appointed commissioners, with full power to them, or any
four of them, whereof the person administering the government of
this State, for the time being, shall always be one in their discretion,
as they shall judge the safety and defence of the northern and west-
256 UNITED STATES MILITARY RESERVATIONS, ETC.
ern frontiers of this State to require, and in such manner and foim as
they shall judge necessary and proper, to declare the consent of the
legislature of this State that such parcels of land as shall be pur-
chased by the government of the United States, for the erection of
forts, magazines, arsenals, dock-yards, and other needful buildings in
the several counties of this State adjacent to the northern and western
bounds thereof, and which they shall, from time to time, judge neces-
sary for the purposes aforesaid, shall be subject to the jurisdiction of
the United States, and thereupon the jurisdiction of the said lands
shall be vested in the United States: Provided, however, That such
cession or cessions shall not exceed five hundred acres, in any one of
the said counties: And provided further, That such cession or ces-
sions shall not in any case extend, or be deemed or construed to pre-
vent the execution of any process, civil or criminal, under the au-
thority of this State.
" II. And be it further enacted, That the powers vested in the
Commissioners constituted by the act, entitled c An act to cede the
jurisdiction of certain lands in this State, to the United States,'
passed March 20, 1807, be, and they are hereby extended to lands in
the county of Westchester, and to lands covered by water writhin
the bounds of said County: Provided, That cessions to be made by
the Commissioners in the said act authorized and appointed shall be
of such lands only as in their opinion shall be necessary for the
defence and safety of the city and port of New York.
" III. And be it further enacted, That such declaration or declara-
tions of the consent of the legislature of this State shall, in all cases,
explicitly define, by accurate metes and bounds, the situation of the
lands, the jurisdiction whereof shall be ceded in virtue of this act,
which description shall be filed in the office of the Secretary of this
State, and such declaration or declarations may, in addition to the
restrictions and limitations prescribed by this act and the act above
referred to, contain such other limitations, restrictions and qualifica-
tions as the said Commissioners respectively may deem expedient."
(Passed March 31, 1815. See Eev. Stats, of N. Y., 8th ed., Vol. 1,
p. 160, sec. 13.)
" I. Be it enacted, etc., That the commissioners of the land office of
this State, be and they are hereby authorized and required to cede to
the United States, the title and jurisdiction of this State to so much
land on the Galloo island on lake Ontario, within this State, as they
shall deem necessary for the purpose of erecting a light house thereon :
Provided always, That the tract of land so granted shall not exceed
five acres : And provided further, That such cession shall not impede
or prevent the execution of any process at law under the authority
of this State, except against the real or personal property of the
government of the United States.
" II. And be it further enacted, That the property so ceded shall
be, and hereafter is exonerated and discharged from any taxes which
may be laid or imposed under the authority of the government of this
State, while said lands shall remain the property of the Government
of the United States, and while the same shall be appropriated to
the purposes intended by this act, and not otherwise.
*******
" VIII. And be it further enacted, That the Commissioners of the
land office of this State be, and they are hereby authorized and re-
NEW YORK. 257
quired to cede to the United States the title and jurisdiction of this
State to the small island near Rouse's point, on lake Champlain, called
Island Point ; also to the land under water opposite the same ; also to
the land under water in the said lake, opposite to lots number sixty,
sixty-one, sixty-two, sixty-three, sixty-four, sixty-five and sixty-six,
adjoining the said Rouse's point, the title and jurisdiction of this
State to which lots have heretofore been ceded to the United States ;
subject, however, to the like provisions and restrictions as are con-
tained in the first and second sections of this act." (Passed April 21,
1818. See Rev. Stats, of N. Y., 8th ed., Vol. 1, p. 160, sec. 14.)
Subsequent to the passage of the act of the State Legislature of
April 21, 1818, the Commissioners appointed by the act of March 31,
1815, conveyed title to and ceded jurisdiction over the lands hereto-
fore conveyed to the United States. Deed of cession recorded in
Liber F, page 109, etc., of the deed records of Clinton County.
See also General Act of Cession.
Lease: Lease for five years, May 3, 1900, to the Champlain and
Saint Lawrence Railroad Company to occupy for the purpose of right
of way a strip of land 100 feet in width and about 5,900 feet in length
across the reservation, pursuant to authority of Acts of Congress,
approved March 1, 1893, and July 28, 1892.
Revocable Licenses: License, October 7, 1892, to John R. Myers,
President of Village of Rouse's Point, to erect a pest house on that
portion of reservation assigned for that purpose to the Marine Hos-
pital Service in 1885.
License, July 15, 1901, to John R. Myers to lay out a golf course
on the reservation.
License, July 13, 1902, to James W. Callopy to construct and use
a small wharf projecting from the reservation.
License, June 30, 1906, to Delaware and Hudson Co. for railroad
track.
FORT NEWTON.
On Staten Island at Fort Wadsworth.
NEW YORK ARSENAL.
On Governor's Island. See Fort Jay.
FORT NIAGARA.
This reservation contains an area of 288.50 acres, and is situated on
the Niagara River at its junction with Lake Ontario, 14 miles below
Niagara Falls, 7 miles from Lewiston, in Niagara County. The title
is as follows:
1. Act of the State Legislature passed April 21, 1840, authorizing
conveyance of title and cession of jurisdiction. See Infra; also Fort
Montgomery.
2. Patent from the Governor of New York, dated July 8, 1841,
conveying above site and ceding jurisdiction in accordance with the
Act of April 21, 1840. Recorded in Book of Patents, No. 25, page
630, in the Office of the Secretary of State for the State of New
York.
" SECTION 1. The commissioners of the land-office are hereby au-
thorized to cede and convey to the United States of America the
16809—10 17
258
title of this state to the lands belonging to this state situate in the
south village of Black Rock, between Lake street or Broadway and
the easterly line of the Buffalo and Black Rock railroad, in said
south village of Black Rock, or so much thereof as may be required
by the United States of America, and necessary for the purpose of
erecting and establishing a fort, battery, barracks, parade ground or
military post; and also to the lands covered by Fort Niagara^ and
such others adjacent thereto as shall be necessary for the accommo-
dation of that post.
" SEC. 2. The jurisdiction over such lands as shall be conveyed by
virtue of the first section of this act, and such other lands adjacent
as shall be purchased by the United States for the purpose men-
tioned in said first section ; and over such lands as shall be purchased
by the United States, and as are necessary as a site for a fort near the
outlet of Lake Champlain, from and after the conveyance of such
lands, and upon the execution thereof, shall be ceded to and vest in
the United States of America. But such jurisdiction shall not
impede the execution of any process, civil or criminal, issued under
the authority of this state, except so far as such process may affect
the real or personal property of the United States within the ceded
territory.
" SEC. 3. The property over which jurisdiction is granted, by the
second section of this act, shall be exonerated and discharged from
all taxes and assessments which may be levied or imposed under the
authority of this state, while the said lands shall remain the property
of the United States, and shall be used for the purpose intended by
this act, and not otherwise.-
" SEC. 4. Whenever the United States shall cease to occupy the
said land, or any part thereof, for the purpose mentioned in the first
section of this act, then said lands shall revert to the people of this
state." (Passed April 21, 1840. Rev. Stats, of N. Y., 8th ed. Vol.
1, p. 172.)
(See Appendix, page 468.)
See also General Act of Cession.
Revocable Licenses : License, September 4, 1889, to the light keeper
at Fort Niagara to tap the water main opposite the light house dwell-
ing to furnish water for domestic purposes.
License, July 21, 1892, to the Treasury Department to locate a life-
saving station on the reservation.
License, October 22, 1894, to the Treasury Department to extend
the launchway in front of the life-saving station thirty feet into
deeper water and to erect a look-out house in the southwesterly bas-
tion of the fort.
License, February 2, 1897, to the Lewiston and Youngstown Fron-
tier Railway Company to extend its tracks upon the reservation.
License, November 18, 1897, to the Treasury Department to con-
struct a boat-house upon the reservation.
License, June 3, 1903, to the Treasury Department to move the life-
saving station about 250 feet to the westward of its former location
and to construct a boat-house and launchway.
FORT ONTARIO.
This reservation contains an area of about 75.90 acres, with metes
and bounds as announced in G. O. No. 51, W. D., April 8, 1908. It
NEW YORK. 259
is situated on the Oswego River, at its junction with Lake Ontario,
adjoining the City of Oswego, in Oswego County. The title is as
follows :
Letters Patent from the Governor of the State of New York, dated
August 15, 1839, conveying title to and jurisdiction over the lands
embraced in said reservation by virtue of the authority given by an
Act of the State Legislature passed April 25, 1830, which provides as
follows :
u SECTION 1. The commissioners of the land office are hereby
authorized to convey to the United States of America, the title of this
state to all that parcel of land lying near the mouth of the Oswego
river in OsAvego county, known as the old fort, military and parade
ground, containing fifty-four acres, be the same more or less, or so
much thereof as may be required by the United States for the pur-
pose of reestablishing the military post, of rebuilding the fort,
redoubts, and barracks, and of improving the parade ground.
"SEC. 2. The jurisdiction over such land as may be conveyed by
virtue of the first section of this act, from and after such conveyance,
shall -be ceded to the United States of America, for the purposes for
which such lands shall have been conveyed; such jurisdiction shall
not be construed so as to prevent or impede the execution of any
Erocess, civil or criminal, under the authority of this state, except so
ar as such process may affect the real or personal property of the
United States within the said parcel of land.
" SEC. 3. The property so ceded shall be exonerated and discharged
from any taxes which may be imposed under the authority of this
state while the said land shall remain the property of the United
States, and while the same shall be appropriated to the purposes
intended by this act and not otherwise.
" SEC. 4. Whenever the United States shall cease to occupy the
aforesaid mentioned land for the purposes mentioned in the first sec-
tion of this act, then said land shall revert to the people of this state."
(Passed April 25, 1839. Rev. Stats, of N. Y., 8th ed., Vol. 1, p. 171.)
See also General Act of Cession.
Easements: Joint Resolution of Congress, approved February 19,
1869, granted to the New York, Ontario and Western Railway Com-
pany (successor to the New York and Oswego Midland Company) a
right of way through the reservation. Licenses under above author-
ity, November 8, 1881 and January 11, 1882.
Act of Congress, approved March 3, 1901 (31 Stat. L., 1086),
granted to the Oswego and Rome Railroad Company the right to
operate and maintain a line of railroad through the reservation.
Revocable Licenses: License (in form of agreement), August 5,
1852, to the city of Oswego to make certain improvements upon the
land under water lying in front of the reservation, by excavation, and
by building wharves, docks and slips to a height not exceeding the
existing government pier at Oswego.
Licenses, May 27, 1854 and March 3, 1857, to the city of Oswego to
use certain government property at Oswego.
License (in form of agreement) April 14, 1858, to the city of
Oswego to erect wooden storehouses upon the wharves erected by said
city, and to use the United States dock and a small lot adjacent
thereto.
License, December 30, 1896, to the city of Oswego to construct and
maintain a surface drain on the reservation.
260 UNITED STATES MILITARY RESERVATIONS, ETC.
License, January 18, 1906, to the Ontario Telephone Company, for
telephone system.
License, July 16, 1906, to New York, Ontario and Western Ry.
Co. for railroad track.
License, February 6, 1908, in lieu of one dated January 11, 1904,
to the New York, Ontario and Western Railway Company along the
southern edge and southwestern corner of reservation, etc.
PLATTSBURG BARRACKS.
This reservation contains an area of about 703 acres, including
public highway and railroad right of way, etc., and is situated on the
west shore of Lake Champlain, at the town of Plattsburg, in Clinton
County. The original reservation, comprising about 200 acres, was
purchased about December 30, 1814, wrhich was diminished to about
197 acres by the extension of Hamilton and Jay streets, cutting off
about two acres, which have been sold. Additional lands (506.35
acres) were acquired under act of Congress approved February 16,
1891. The title to the original reservation is as follows :
1. Deed from Pliny Moore and wife and Levi Platt and wife, dated
December 30, 1814, conveying 200 acres of land. Recorded in Liber
M. R, T., page 101, etc., of the records of deeds in the Secretary's
Office for the State of New York. For jurisdiction over this portion
of the reservation see Fort Montgomery for act of March 31, 1815.
The records do not show that the Commissioners executed the deed
provided for in said act. The title to the addition to the reservation
is as follows :
2. Deed from William P. Mooers and wife, dated August 24, 1891,
conveying 40 acres of land, known as " Crab Island." Recorded in
Vol. 88, page 420, of the deed records of Clinton County.
3. Deed from Patrick Flannigan and wife, dated August 27, 1891,
conveying 8.66 acres of land. Recorded in Vol. 88, page 423, of same
records.
4. Deed from Hugh Flannigan and wife, dated August 27, 1891,
conveying 61 acres of land. Recorded in Vol. 88, page 424, of same
records.
5. Deed from Oliver Sharron and wife, dated August 27, 1891,
conveying 40.57 acres of land. Recorded in Vol. 88, page 425, of
same records.
6. Deed from John Rice, et al., dated August 28, 1891, conveying
10.32 acres of land. Recorded in Vol. 88, page 945, etc., of same
records.
7. Deed from Leonard J. Howard, et al., dated September 2, 1891,
conveying the undivided five-sixths of 66.70 acres of land. Recorded
in Vol. 88, page 953, etc., of same records.
8. Deed from David F. Dobie, Guardian, etc., dated September 21,
1891, conveying the undivided one-sixth of 66.70 acres of land. Re-
corded in Vol. 88, page 955, etc., of same records.
9. Deed from William W. Hart-well and wife, dated September 25,
1891, conveying 4.52 acres of land. Recorded in Vol. 88, page 426,
of same records.
10. Deed from William W. Hartwell and wife, dated October 1.
1891, conveying 138.10 acres of land. Recorded in Vol. 88, page 428,
of same records.
NEW YORK. 261
11. Deed from Charles Thomas and wife, dated October 1, 1891,
conveying 8.55 acres of land. Recorded in Vol. 88, page 422, of same
records.
12. Decree of Condemnation for 6.10 acres of land in case of the
United States, etc., v. Gervis G. Decora et al., in the United States
District Court for the Northern District of New York. Rendered
October 12, 1891, and filed with the record in said cause in the
Clerk's Office of said Court.
13. Deed from John Dallaghan and wife, dated October 20, 1891,
conveying 14.60 acres of land. Recorded in Vol. 88, page 947, of the
deed records of Clinton County.
14. Deed from Eliza A. Carter and husband, dated November 28,
1891, conveying 32 acres of land. Recorded in Vol. 88, page 421, of
same records.
15. Decree of Condemnation for 1.34 acres of land in the case of
the United States v. Margaret Palmer et al., in the United States
District Court for the Northern District of New York. Rendered
February 9, 1892, and filed with the record in said cause in the Clerk's
Office of said District Court. .
16. Deed from Martha E. Bromley, dated September 30, 1891,
conveying 79.21 acres of land. Recorded in Vol. 88, page 427, of
the deed records of Clinton County.
17. Deed from Martha E. Bromley, dated April 7, 1892, convey-
ing 79.21 acres of land (to correct error in deed of September 30,
1891). Recorded in Vol. 89, page 601, of same records.
Jurisdiction over the addition to the reservation was ceded to the
United States by an Act of the State Legislature passed March 6,
1890, which provides as follows:
" SECTION 1. The consent of the State of New York is hereby
given to the United States to acquire, by condemnation, purchase or
gift, in conformity with the laws of this State, one or more pieces
of land in the town of Plattsburgh, county of Clinton and State of
New York, not to exceed in all one thousand acres, for military pur-
poses for use as a parade ground, or for any military purposes con-
nected with the United States military post at Plattsburgh, and the
said United States shall have, hold, occupy and own said lands when
thus acquired, and exercise jurisdiction and control over the same
and every part thereof, subject to the restrictions hereinafter men-
tioned.
" SEC. 2. The jurisdiction of the State of New York in and over
the said land or lands mentioned in the foregoing section, when ac-
quired by the United States, shall be, and the same hereby is, ceded
to the United States, but the jurisdiction hereby ceded shall continue
no longer than the said United States shall own the said lands.
" SEC. 3. The said consent is given and the said jurisdiction ceded
upon the express condition that the State of New York shall retain
concurrent jurisdiction with the United States in and over the said
land or lands, so far as that all civil process in all cases, and such
criminal or other process as may issue under the laws or authority
of the State of New York against any person or persons charged
with crimes or misdemeanors committed within said State, may be
executed therein the same way and manner as if such consent had
not been given or jurisdiction ceded, except so far as such process
may a fleet the real or personal property of the United States.
262 UNITED STATES MILITARY RESERVATIONS, ETC.
" SEC. 4. The jurisdiction hereby ceded shall not vest until the
United States shall have acquired the title to the said land or lands,
by gift, purchase or by condemnation, in conformity with the laws of
this State, and so long as the said land or lands shall remain the
property of the United States, when acquired as aforesaid, and no
longer, the same shall be and continue exonerated from all taxes,
assessments and other charges which may be levied or imposed under
the authority of this State." (Laws of N. Y., 1890, p. 27.)
See also General Act of Cession.
Easements: Under Act of Congress of May 29, 1908 (35 Stat., 472),
the Secretary of War by deed, dated November 12, 1908, conveyed to
the Delaware and Hudson Company a right of way through the orig-
inal reservation and along the north side, together with the right to
occupy and use about two acres in the northeast corner, in exchange
for the release of all rights of that company and its subsidiary com-
panies within the original reservation. The rifle range was acquired
subject to the right of way of the railway company. There is also
a public highway, the " Lake Shore Road," running through the
reservation.
Revocable Licenses: License, March 27, 1896, to the Plattsburg
Traction Company, to construct and operate its tracks on the " Lake
Shore Road " and " Peru Street " within the reservation.
License, November 28, 1905, to the Clinton Telephone Company, to
operate and maintain its existing telephone system.
License, May 28, 1909, to the Board of Public Works, Plattsburg,
N. Y., to lay and maintain an 8-inch water niain in the Lake Shore
Road and Peru Street, within the limits of the reservation.
PLUMB ISLAND (KINGS COUNTY).
This reservation contains an area of 50 acres, and is situated near
the eastern border of Sheepshead Bay, being part of the east end of
Plumb Island, in the town of Gravesend, in Kings County. The land
was acquired under the provisions of an Act of Congress approved
August 18, 1890. The title is as follows :
1. Decree of condemnation for 50 acres of land in the case of the
United States v. George H. Engeman, Trustee, etc., et al., in the
United States District Court for the Eastern District of New York.
Rendered July 7, 1891, and filed with the record in the Clerk's Office
of said District Court.
2. Deed from George H. Engeman, Trustee, etc.. et al.. dated Sep-
tember 17. 1891. conveying rhe ab<>\> iarn.ls l>y mere* and bounds.
Recorded in Liber 2068. page -24.".. uf the deed records of Kings
County.
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved March 27, 1893, which provides as follows :
" SECTION 1. The consent of the State of New York is hereby given
to the acquisition by the United States, by purchase or by condemna-
tion proceedings in conformity with the laws of this State, of one or
more pieces of land, measuring in the aggregate not exceeding sixty
acres, situated adjacent to and on the east side of the present military
post of the United States at Fort Hamilton, Gravesend Bay, New
York, and more particularly described as follows: [Here describes the
land by metes and bounds,] The further consent of the State of New
NEW YORK. 263
York is hereby given to the acquisition by the United States, by pur-
chase or by condemnation proceedings in conformity with the laws
of the State of New York, of a piece of land on Plumb Island, near
eastern border of Sheepshead Bay, New York, measuring fifty acres,
more or less, taken from the eastern end of said Island, and more
particularly described as follows: [Here describes the lands by metes
and bounds.] Upon the said lands so acquired near Fort Hamilton,
and upon Plumb Island, the United States may erect fortifications^
barracks, wharves and so forth, for the defence of the southern or
main entrance to New .York Harbor; and the United States shall
have, hold, occupy, and own the said lands when thus acquired, and
exercise jurisdiction and control over the same and every part thereof ,
subject to the restrictions hereinafter mentioned.
" SEC. 2. The jurisdiction hereby ceded shall not vest until the
United States shall have acquired the title to such land or lands by
purchase or by condemnation in conformity wTith the laws of this
State, nor until plats and descriptions of the land thus acquired shall
have been filed in the office of the Secretary of State of the State of
New York. Such jurisdiction shall continue no longer than the
United States shall own such land or lands, and such consent is given
and jurisdiction ceded upon the express condition that the State of
—New York shall retain concurrent jurisdiction with the United States
in and over such land or lands so far as that all civil processes in all
cases, and such criminal or other process as may issue under the laws
or authority of the State of New York against any person or persons
charged with crimes, misdemeanors, or criminal offenses committed
with the State, may be executed thereon, in the same way and man-
ner as if such consent had not been given or jurisdiction ceded, except
so far as such process may affect the real or personal property of the
United States.
" SEC. 3. So long as such land or lands thus acquired shall remain
the property of the United States, and no longer, the same shall be
and continue exonerated from all taxes, assessments, and other
charges which may be levied or imposed under the authority of the
State. If the United States can not acquire title to any such land or
lands, or any part thereof, by purchase, they may acquire such title
by condemnation by legal proceedings duly instituted for the pur-
chase either in the State or the federal courts." (Laws of N. Y.,
1893, Vol. 1, p. 384.)
See also General Act of Cession.
Revocable lease: February 18, 1909, to Frank J. Dotzler and
B. J. Fowler, for " Plumb Beach Association." for five years from
February 1, 1909. of entire reservation.
FORT PORTER.
This reservation contains an area of about 34 acres of land, and is
situated on the Niagara River, within the limits of the City of Buf-
falo, in Erie County. The title is as follows:
1. Deed from Matthias Bruen, dated August 3, 1842, conveying
the North third part of Block 167, in the village of Black Rock.
Recorded in Liber 68, page 67, etc., of the deed records of Erie
County.
264 UNITED STATES MILITARY RESERVATIONS, ETC.
2. Deed from Samuel K. Kip, Master in Chancery, dated May 21,
1842, conveying the southerly and middle third parts of Block 167,
in the village of Black Rock. Recorded in Liber 61, page 379, of
same records.
3. Deed of release from Emily B. McKay, dated August 1, 1842,
conveying right of dower, etc., in Block 167, above conveyed. Re-
corded in Liber 68, page 58, of same records.
4. Quit-Claim Deed from Ebenezer Walden and wife, dated Au-
gust 1, 1842, conveying all interest in above Block 167, etc. Recorded
in Liber 68, page 38, of same records.
5. Deed from Christian Miller and wife, et al., dated April 15, 1842,
conveying Block No. 168, in the village of Black Rock. Recorded in
Liber 68, page 38, of same records.
6. Decree of condemnation for Block 186, in the village of Black
Rock, in the case of the United States v. Peter B. Porter et al., in a
court of Chancery held for the State of New York, at Saratoga,
August 5, 1842. Rendered on said date and filed with the record in
the Register's Office of said Court, and recorded January 4, 1843.
Title to a portion of this reservation and jurisdiction over all were
ceded to the United States by Acts of the State Legislature passed
April 21, 1840; February 28, 1842; April 12, 1842, and February 9,
1844, as follows :
(For act of April 21, 1840, see Fort Montgomery.)
" SECTION 1. The commissioners of the land office are hereby
authorized to cede to the United States of America the title of this
state to the point of land belonging to this state, situate in the south
village of Black Rock, lying north of block one hundred and thirty-
three (133) and between the Erie canal and Black Rock harbor, pro-
vided the same may be required by the United States for military
purposes; reserving a free and uninterrupted use and control in the
canal commissioners of all that may be necessary for canal and har-
bor purposes.
" SEC. 2. The jurisdiction over such lands as may be conveyed by
virtue of the first section of this act, and such other lands as shall be
purchased by the United States for the purpose of erecting a fort,
battery or other military works thereon, adjacent to, or in the
vicinity of the lands owned by the United States, and occupied by
the light-house in the city of Buffalo, shall be ceded to and vested in
the United States; subject to such conditions and restrictions as are
imposed, by the act hereby amended." (Passed February 28, 1842.
Rev. Stats, of N. Y., 8th ed., vol. 1, p. 172.)
" SECTION 1. The consent of the legislature of this state is hereby
given to the United States taking for the site of barracks and defen-
sive works at or near Buffalo, so much of blocks numbers 167, 168,
and 186 in the south village of Black Rock as shall be deemed neces-
sary for the purpose, upon just and full compensation being provided
for the owners thereof in the manner prescribed in the fourth article
and second title of the ninth chapter and third part of the Revised
Statutes ; but the consent so given shall not impede the execution of
any process, civil or criminal issued under the authority of this state,
except so far as such process may affect the real or personal property
of the United States within the said territory." (Passed April 12,
1842. Rev. Stats, of N. Y., 8th ed., vol. 1, p. 173.)
NEW YORK. 265
" SECTION 1. The commissioners of the land office are hereby author-
ized to cede and convey to the United States of America the title of
this state to certain lands belonging to this state, in the south village
of Black Rock, in the county of Erie, which are bounded and de-
scribed as follows : Beginning at the northeast corner of Connecticut
street and the Buffalo and Black Rock railroad, thence first in a north-
westerly and next in a northerly direction along the easterly side of
said railroad, to a short street leading from said railroad to Massachu-
setts street ; thence along the south side of said short street to Broad-
way ; thence along the west side of Broadway to Fifth street ; thence
along the southwest side of Fifth street to Rhode Island street ; thence
along the southeast side of Rhode Island street to Broadway ; thence
along the west side of Broadway to Fourth street; thence along the
southwest side of Fourth street to Connecticut street; thence along
the northwest side of Connecticut street to the place of beginning ; or
so much thereof as may be required by the United States of America,
and necessary for the purpose of erecting and establishing a fort, bat-
tery, barracks, parade ground, or military post; provided, always,
that this state shall have the right to quarry, carry off, and use, -for
public purposes, the stone on the southwest side of the reserve, called
the ' Military square,' and of the reserve immediately north thereof,
until the bank shall have been penetrated by such quarrying to within
fifty feet of the southwest side of Fourth street ; the United States of
America being allowed to quarry, carry off and use so much stone in
said quarry as may be deemed necessary for the construction of the
contemplated defences, together with all the buildings and other
erections that may be connected therewith.
" SEC. 2. The jurisdiction over such land, the title of which shall
be acquired by the United States pursuant to the first section of this
act, or has been acquired under any law authorizing proceedings in
the nature of a writ ad quod damnum, or by purchase from indi-
viduals of lands lying in the city of Buffalo and in the village of
Black Rock, and over all those streets, lanes and alleys, lying between
blocks number one hundred eighty-six, one hundred sixty-seven, and
one hundred sixty-eight, in said village, and between one and all of
said blocks and the premises described in the first section of this act,
which are or may hereafter be closed, or discontinued by law, for the
purpose of establishing a 'fort, battery, barracks, parade-ground or
military post, at or near Buffalo, shall be ceded to and vest in the
United States of America. But such jurisdiction shall not impede
the execution of any civil or criminal process issued under the au-
thority of this state, except so far as such process may affect the real
or personal property of the United States within the ceded territory.
" SEC. 3. The property, over which jurisdiction is granted by the
first section of this act, shall be exonerated and discharged from all
taxes and assessments which may be levied or imposed under the au-
thority of this state, while the said land shall 'remain the property of
the United States, and shall be used for the purpose intended by this
act, and not otherwise.
" SEC. 4. Whenever the United States shall cease to occupy the said
land or any part thereof, for the purpose mentioned in the first sec-
tion of this act, then said lands shall revert to the people of this
state." (Passed February 9, 1844. Rev. Stats, of N. Y., 8th ed.,
Vol. 1, p. 173.)
266 UNITED STATES MILITARY RESERVATIONS, ETC.
In accordance with the Act of April 21, 1840, as amended by the
Act of February 28, 1842, and also the Act of February 9, 1844, cited
above, the Governor of the State of NCAV York, by letters patent,
ceded title to a portion of the foregoing lands, and jurisdiction over
all of them. Patent dated October 17, 1853, and recorded in the
Secretary's Office of the State of New York October 17, 1853, in
Book of Patents No. 34, page 322.
Resolution of board of Trustees of the Village of Black Rock, in
Erie County, to the United States, dated November 22, 1842, setting
apart certain streets for the use of the military post. Resolution
recorded in the Clerk's Office of said village.
The pioneer act, providing for the acquisition of lands at Black
Rock by the United States for the establishment of a military post,
was passed by the State Legislature March 19, 1802, and is in part
as follows :
"Whereas it is necessary that a treaty be held with the Seneca
Nation of Indians to extinguish their claim to lands east of Lake
Erie, to enable this state to cede their jurisdiction or sell to the United
States a sufficient quantity of the said land at the eastern extremity
of Lake Erie, at a place called Black Rock, as may be sufficient for
the establishment of a military post : Therefore
" 1. Be it enacted, etc., That it shall and may be lawful for the per-
son administering the government of this state, or his agent or agents,
to hold a treaty (on the part of the peopl-e of this state) with the
Seneca nation of Indians, to extinguish their claim to the whole or
such part of their lands at the east end of Lake Erie, of one mile wide,
on Niagara River, from Buffaloes- Creek to Stedman's farm, includ-
ing Black Rock, with so much land adjoining as shall be sufficient
for establishing a military post, on such payments and annuities as
he or they shall judge most conducive to the interests of this state.
" 2. That it shall and may be lawful for the person administer-
ing the government of this state, for and on behalf of this state, to
convey to the United States, after the relinquishment of the claim of
the said Indians as aforesaid, in fee simple, such part of the said
land, at the eastern extremity of Lake Erie, at a place called Black
Rock, as may be sufficient for the establishment of a military post,
the United States paying therefor, the expense of holding the said
treaty, or such part thereof as the person administering the govern-
ment of this State shall judge reasonable h Provided always, That
nothing in the foregoing grant to the United States shall be con-
strued so as to prejudice the right of portage of the people of this
State' along the said river through the tract of land which may be so
conveyed, and the privilege of a road along the shore of Lake Erie,
and of a ferry across the Niagara River at Black Rock: And pro-
vided further, That such conve;7ance shall in no wise prevent the
execution of any process, civil or criminal, issuing under the authority
of this State within the bounds of the land so as to be conveyed, and
such conveyance shall expressly contain such condition."
See also General Act of Cession and Appendix, page 494.
Easements: Act of Congress, approved August 4, 1852, granted
right of way to all rail and plank-road or macadamized turnpike
companies through public lands of the United States under certain
conditions. Location of a right of way by the Lockport and Buffalo
NEW YORK. 267
Railroad Company (now the New York Central), approved by the
President, December 21, 1852.
The Erie Canal crosses the reservation and a canal repair yard is
located within the limits thereof, under authority of section 1, of the
Act of the State Legislature, passed February 28, 1842 (ante}.
Act of June 28, 1906 (34 Stat. L., 532), authorizes the city of Buf-
falo to construct and maintain a tunnel under this reservation, etc.
Revocable Licenses: License, by Joint Resolution of Congress, ap-
proved July 11, 18TO, to the city of Buffalo to improve and beautify
the grounds of Fort Porter.
License, January 5, 1881, to the State of New York to use certain
defined parcels of land on the reservation for canal purposes.
License, June 8, 1883, to the city of Buffalo to build a sewer through
the reservation.
License, April 10, 1884, to the Park Commissioners of the city of
Buffalo to construct a roadway through the reservation.
License, October 16, 1885, to the Treasury Department to use a por-
tion of the reservation for light-house purposes.
License, January 22, 1897, to the Superintendent of Public Works
of the State of New York to deposit upon the reservation the rock,
dirt and other material to be taken from the Erie Canal.
License, January 26, 1898, to the Western Union Telegraph Com-
pany to construct its line upon the reservation.
License, September 14, 1900, to J. M. Roesch to move his boat house
on the reservation to a new location beyond the water's edge.
License, December 12, 1904, to the City of Buffalo, for coal and ash
conveyor, etc., in connection with water supply system.
SAG HARBOR.
This reservation contains an area of about 3,100 square feet, and is
situated at Sag Harbor, on Long Island, in the County of Suffolk.
The title is as follows:
1. Deed from Thomas S. Lester, dated May 16, 1810, conveying
about 3,000 square feet of land. Recorded in Liber D, page 182, of
the deed records of Suffolk County.
2. Deed from Henry P. Dering and wife, dated November 11,
1811 conveying 100 square feet of land, site of Powder House, and
right of way thereto.
For jurisdiction see General Act of Cession.
I'Ml.-r SCHWl.KK.
Tiiis reservation contains an area of 02! acres, also a right of way,
and is situated in Westchester County on Throg's Neck, 3J miles
from Westchester, and 17 miles from New York City. The title is
as follows:
1. Deed from William Bayard, et al., dated July 26, 1826, con-
veying 52 acres of land. Recorded in Book No. 285 page 225, etc.,
of the deed records of Westchester County.
2. Deed from Charles H. Hammond and Thomas Bolton, Mas-
ter in Chancery, dated August 25, 1828, conveying said land. Re-
corded in Liber 33 of Deeds, page 296, etc., of same records.
268 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Deed of Release from H. LeRoy, et al., Guardians, etc., dated
November 14, 1826, conveying said tract. Recorded in Book 28,
page 221, etc., of same records.
4. Deed from H. LeRoy, et al., dated April 10, 1837, conveying
right of way from Westchester to White Stone Ferry. Recorded in
Liber 72, page 466, etc., of same records.
5. Deed from George Edwards and wife, et al., dated April 8, 1837,
conveying right of way from Westchester to White Stone Ferry.
Recorded in Liber 72, page 461, etc., of same records.
6. Deed from Thomas H. Newrbold, dated April 10, 1837, convey-
ing right of way from Westchester to White Stone Ferry. Recorded
in Liber 72, page 467, etc., of same records.
Provision was made for ceding jurisdiction to the United States
by an Act of the State Legislature, passed March 31, 1815, for which
see Fort Montgomery.
Title to and jurisdiction over water-covered land was ceded by an
Act of the State Legislature, passed May 7, 1880, for which see Fort
Wood.
By patent from the Governor of the State of New York, dated
May 26, 1880, the title to and jurisdiction over the premises described
in the Act of May 7, 1880, were granted and conveyed to the United
States, subject to the terms of said act and the limitations contained
therein. Patent recorded May 26, 1880? in Book of Patents No. 44,
page 604, etc., of the records of Patents in the Office of the Secretary
of State for the State of New York.
See also General Act of Cession.
FORT SLOCUM.
This reservation, which includes all of David's Island, contains an
area of about 86.50 acres ; was purchased under authority of an Act
of Congress approved February 18, 1867, and is situated at the south-
western extremity of Long Island Sound, 2 miles from NewT Rochelle,
Westchester County, and 22 miles from New York City. The title is
as follows:
Deed from Simeon Leland and wife, dated May 11, 1867, convey-
ing " David's Island," in New Rochelle, County of Westchester, re-
serving right of ferriage. Recorded in Book — , page — , of the deed
records of Westchester County. Jurisdiction was ceded to the United
States by an Act of the State Legislature approved April 20, 1868,
which provides as follows :
" SECTION 1. Jurisdiction is hereby ceded to the United States over
certain land situate in the harbor of New Rochelle, and known as
David's Island, the same to be purchased and used by the United
States for military purposes : provided, however, and this act is upon
the express condition, that all civil and criminal processes issued
under the authority of this State, or of any officer thereof, may be
executed on said David's island, and in the buildings that are or may
be erected thereon, in the same manner as if jurisdiction had not been
ceded as aforesaid.
" SEC. 2. The said David's island, with the appurtenances, build-
ings, and other property that may be thereon, shall, as soon as it is
acquired by the United States, and forever thereafter, as long as it
remains the property of the United States, be exempt from all state,
NEW YORK. 269
county, and municipal taxation and assessments, and provided also,
that said island shall not be used for general hospital purposes."
(Passed April 20, 1868. Rev. Stats, of N. Y., 8th ed., vol. 1, p. 201.)
Title and jurisdiction as to water-covered lands were ceded by an
Act of the State Legislature approved May 7, 1880, for which see
Fort Wood, and thereafter, by Patent from the Governor of the Sfate
of NCAV York, dated May 26, 1880, the title to and jurisdiction over
the premises described in the Act of May 7, 1880, wrere granted and
conveyed to the United States subject to the terms of the said Act and
the limitations contained therein. Patent recorded May 26, 1880, in
Book of Patents No. 44, page 604, etc., of the records of Patents in
the Office of the Secretary of State for the State of New York.
See also General Act of Cession.
FORT TERRY.
This reservation contains an area of 840 acres and includes the
whole of Plum Island, except about 3 acres at the western end, which
tract is reserved for light-house purposes. Plum Island is situated
in Suffolk County and is surrounded by the waters of Long Island
Sound and Gardiners Bay.
The title is as follows :
1. Deed from Abram S. Hewitt and wife, dated February 24, 1897,
conveying, according to survey, 193 acres of land. Recorded in Liber
456, page 81, of the "deed records of Suffolk County.
2. Deed from Abram S. Hewritt and wife, dated June 24, 1901, con-
veying 647 acres. Recorded in Liber 508, page 52, of same records.
Jurisdiction ceded, under General Act of Cession, over premises
conveyed in 1897 by Governor's deed of September 14, 1897.
Revocable License: License, March 9, 1906, to E, F. Morgan Com-
pany for laundry.
FORT TOMPKINS.
Included under Fort Wadsworth.
FORT TOTTEN.
This reservation, formerly called Willets Point, contains an area of
136.35 acres of land, with metes and bounds as given in G. O. No.
112, W. D., June 8, 1909, and is situated on the East River, in Queens
County. 2J miles from Whitestone and 17 miles from New York City.
The title is as follows:
1. Deed from George Irving and wife, dated May 16, 1857, convey-
ing 110 acres of land. Recorded in Liber 156, page 422, etc., of the
records of deeds in Queens County Clerk's Office.
2. Deed from Henry Day and wife, dated April 14, 1863, convey-
ing 26.35 acres, riparian rights, and right of way. Recorded in Liber
204, page 208, etc., of same records.
Jurisdiction was ceded to the United States by acts of the State
Legislature passed April 15, 1857, and April 17, 1875.
For act of April 15, 1857, see Fort Wadsworth. The Act of April
17, 1875, provides as follows:
" SECTION 1. The first section of the act entitled 'An act giving the
consent of the state of New York, to the purchase by the United
270 UNITED STATES MILITARY RESERVATIONS, ETC.
States of certain property in the counties of Queens and Richmond,
and to cede to the United States jurisdiction thereof,' passed April
fifteenth, eighteen hundred and fifty-seven, is hereby amended to
read as follows :
" ' SECTION 1. The consent of the state of New York is hereby
given, to the purchase by the United States, of all and each and every
tract of land on the island of Long Island, in the county of Queens,
in a direction opposite Fort Schuyler, East river, that may be ac-
quired by the United States and that shall be necessary (under the
appropriation by congress of March third, eighteen hundred and
fifty-seven, for the commencement of a fort opposite Fort Schuyler,
New York) for the purpose of building and maintaining thereon
forts, magazines, dockyards, Avharves, and other necessary structures,
with their appendages, and (concurrent jurisdiction is hereby ceded
to the United States) over all the contiguous shores, flats and waters
within four hundred feet from low-water mark (measured toward the
channel), and over the land lying between high and low-water marks,
and in case the owners of the said land shall not consent to sell the
same on such terms as the United States may deem equitable, the
consent of the legislature is hereby given to the United States taking
the same for the purpose aforesaid, upon just and full compensation
being provided for the owners thereof in the manner prescribed in
the fourth article and second title of the ninth chapter and third part
of the Revised Statutes; and all right, title and claim which this
state may have to or in the premises aforesaid is hereby granted to
the United States, subject to the restrictions hereinafter mentioned.' r
See also General Act of Cession.
License, September 22, 1909, to A. M. Applegate to install, operate
and maintain steam laundry in Building No. 59.
FORT TYLER.
This reservation was originally acquired for Light-House purposes,
and, having been abandoned as a Light-House reservation, was, on
April 5, 1898, transferred to the War Department for purpose of
erecting a battery thereon. It is situated on Gardiner's Point (Gar-
diner's Island), near Sag Harbor, Long Island Sound, and comprises
an area of about 14 acres.
The title is as follows: Deed from John G. Gardiner and wife,
dated August 7, 1851. Recorded in Suffolk County Clerk's Office,
in Liber 60 of Deeds, page 270.
Jurisdiction was ceded to the United States by an Act of the State
Legislature passed February 27, 1852, providing as follows:
" SECTION 1. The jurisdiction of the State of New York is hereby
ceded to the United States of America for the purpose of erecting
and maintaining thereon a light-house and other necessary buildings
over all that certain tract or parcel of land being part of Gardiners
Island in the town of East Hampton in the County of Suffolk and
more particularly described as follows to wit : All that part of the
North point of Gardiners Island aforesaid tying northwest of a line
described and running as follows to wit : Starting from a Stake on a
Sand ridge and running thence north fifty six degrees east, and south
fifty six degrees west, to the waters on each side of the said point or
beach respectively and bounded northerly, easterly and westerly by
YORK. 271
the waters of Gardiners Bay and southeasterly by the beach at the
aforesaid line, containing about fourteen acres more or less.
" SEC. 2. The jurisdiction so ceded to the United States is granted
upon the express condition that the State of New York shall retain a
concurrent jurisdiction with the United States in and over the tract
of land aforesaid so far as that civil process in all cases and such
criminal process as may issue under the authority of the State of New
York against any person or persons charged with crimes committed
without the said tract of land may be executed therein in the same
way or manner as if this jurisdiction had not been ceded; the United
States are to retain such. jurisdiction as long as the said tract of land
shall be used for the purposes expressed in the first section and no
longer."
See, also, General Act of Cession.
FORT WADSWORTH.
This reservation contains an area of about 226 acres, exclusive of
submerged lands, with metes and bounds as given in G. O. No. 76,
W. D., May 11, 1908. It is situated on Staten Island, in Richmond
County. The title is as follows:
1. Letters Patent from the State of New York to the United States,
dated February 15, 1847, conveying 47.50 acres of land, together with
the water front and lands under water; also ceding jurisdiction over
the lands so conveyed. Patent recorded in Liber 15, page 266, etc.,
of the deed records of Richmond County.
2. Deed from Peter Jacobson and wTife, dated July 8, 1854, convey-
ing 5.2 acres of land. Recorded in Liber 34, page 628, etc., of same
records.
3. Deed from William H. Aspinwall and wife, dated May 28, 1856,
conveying a tract of land by metes and bounds. Recorded in Liber
40, page 404, etc., of same records.
By deed of the Governor, dated May 26, 1880, under Act of May 7,
1880, title and jurisdiction over land below high-water line were
granted and ceded to the United States. At this time the area above
high-water line was about 90 acres.
4. Decree of condemnation for 7.58 acres of land in the case of The
United States v. J. J. Alexandre and wife in the United States Dis-
trict Court for the Eastern District of New York. Rendered Novem-
ber 25, 1892, and filed with the record in the office of the Clerk of said
District Court.
5. Deed from J. J. Alexandre and wife, dated January 5, 1893,
conveying same premises. Recorded in Liber 223, page 438, of the
deed records of Richmond County.
6. Decree of Condemnation for 18.797 acres of land in the case of
The United States v. J. H. Alexandre and wife in the United States
District Court for the Eastern District of New York. Rendered
November 25, 1892, and filed with the record in the office of the Clerk
of said District Court.
7. Deed from J. H. Alexandre and wife, dated January 5, 1893,
conveying same premises. Recorded in Liber 223, page 435, of the
deed records of Richmond County.
8. Decree of Condemnation for 9 acres of land in the case of The
United States v. Ellen Lee Mayo in -the United States District Court
272 UNITED STATES MILITARY RESERVATIONS, ETC.
for the Eastern District of New York. Rendered November 25, 1892,
and filed with the record in the office of the Clerk of said District
Court.
9. Deed from Ellen Lee Mayo, dated January 5^ 1893, conveying
same premises. Recorded in Liber 225, page 381, of the deed records
of Richmond County.
10. Decree of Condemnation for 50 acres of land, exclusive of cer-
tain streets, in case of The United States v. Serena P. Appleton, in
the United States District Court for the Eastern District of New
York. Decree rendered November 25, 1892, and filed wih the record
in the office of the Clerk of said District Court.
11. Deed from Serena P. Appleton, dated January 5, 1893, convey-
ing 50 acres of land, exclusive of certain streets. Recorded in Liber
223, page 431, of the deed records of Richmond County.
12. Deed from Josefa de la Serna de Hegewish and husband, dated
March 14, 1892, conveying certain lands, etc., by metes and bounds.
Recorded in Liber 216, page 534, of same records.
13. Deed from Adolfo Hegewisch and wife, dated March 14, 1892,
conveying certain lands, etc., by metes and bounds. Recorded in
Liber 216, page 538, of same records.
14. Deed from Sarah Schuyler Martin, dated February 1,1895, con-
veying 6.25 acres of land. Recorded in Liber 240, page 374, of same
records.
15. Deed from Joseph B. Whitney and wife, dated March 11, 1898,
conveying certain lands by metes and bounds. Recorded in Liber
259, page 574, of same records.
16. Deed from Elizabeth D. Ockerhausen, et al., dated August 30,
1898, conveying 6.72 acres. Recorded in Liber 264, page 402, of same
records.
17. Deed from Joseph B. Whitney and wife, et al., dated October
18, 1900, conveying 7.725 acres. Recorded in Liber 282, page 109, of
same records.
18. Deed from Adeline Haxtun, dated February 14, 1901, convey-
ing 5.09 acres. Recorded in Liber 285, page 387, of same records.
19. Deed from Henry Mouquin and wife, dated October 2, 1901,
conveying 3.90 acres. Recorded in Liber 288, page 10, of same re-
cords.
20. Acts of the State Legislature of March 12, 1903 (Chapter 35,
Laws of 1903), and April 19, 1905 (Chapter 240, Laws of 1905), and
Letters Patent, dated March 27, 1909, under the last-mentioned Act,
releasing claims arising from tax sales. Letters Patent recorded in
Book of Patents No. 43, at page 579, in the Office of the Secretary of
State.
Jurisdiction of the first-described purchase was authorized to be
ceded with title by an Act of the State Legislature, passed February
6, 1836, which provides as follows :
" SECTION. 1. The commissioners of the land office are hereby au-
thorized to sell to the United States of America, upon such terms as
they may think proper, so much of the land upon Staten island be-
longing to the state of New York, heretofore used for military pur-
poses, as may be required by the government of the United States to
construct and maintain proper defences for the protection of the har-
bor of New York.
NEW YORK. 273
" SEC. 2. The jurisdiction over such land as may be sold by virtue
of the first section of this act, from and after such sale, shall be ceded
to the United States of America, for the purposes for which such land
shall have been sold. But such jurisdiction shall not be construed so
as to prevent or impede the execution of any process, civil or criminal,
under the authority of this state, except so far as such process may
affect the real or personal property of the United States within the
said tract of land." (Passed February 6, 1836. Rev. Stats, of N. Y.,
8th ed., Vol. 1, p. 170.)
For deed, in pursuance of said Act, see No. 1 herein (" Letters Pat-
ent from the State of New York, etc.," February 15, 1847).
Jurisdiction was also ceded by acts of the State Legislature, passed
April 15, 1857; April 18, 1861; February 20, 1862; for water-covered
lands May 7, 1880; for additional lands May 6, 1893, and February
14, 1896, which acts provide as follows:
" SECTION 1. The consent of the state of New York is hereby given
to the purchase by the United States of all and each and every tract
of land on the island of Long island, in the county of Queens, in a
direction opposite Fort Schuyler, East river, that may be acquired by
the United States, and that shall be necessary (under the appropria-
tion by congress of March third, eighteen hundred and fifty-seven,
for the commencement of a fort opposite Fort Schuyler, New York)
for the purpose of building and maintaining thereon forts, maga-
zines, clock yards, wharves, and other necessary structures, with their
appendages, and over all the contiguous shores, flats and waters
within four hundred feet from low-water mark, and in case the
owners of the said land shall not consent to sell the same on such
terms as the United States may deem equitable, the consent of the
legislature is hereby given to the United States taking the same for
the purpose aforesaid, upon just and full compensation being pro-
vided for the owners thereof in the manner prescribed in the fourth
article and second title of the ninth chapter and third part of the
Revised Statutes; and all right, title, and claim which this state may
have to or in the premises aforesaid is hereby granted to the United
States, subject to the restrictions hereinafter mentioned.
" SEC. 2. The consent of the state of New York is also hereby given
to the purchase, by the United States, of all, each and every portion
of that tract of land on Staten island, in the county of Richmond,
New York, now owned by William H. Aspinwall, who is to convey
the same to the United States; said land lying mainly between the
land of the United States and New York avenue, for the purpose of
building and maintaining thereon forts, magazines, arsenals, and
other necessary structures, with their appendages.
" SEC. 3. The jurisdiction of the state of New York, in and over
the said property referred to and set forth in the first and second sec-
tions hereof, shall be, and the same is hereby, ceded to the United
States, subject to the restrictions hereinafter mentioned.
" SEC. 4. The said consent is given, and the said jurisdiction ceded
upon the express condition that the state of New York shall retain a
concurrent jurisdiction with the United States in and over the said
property, so far as that all civil, criminal and other process, which
may issue under the laws or authority of the state of New York, may
be executed thereon, in the same way and manner as if such consent
16809—10 18
274 UNITED STATES MILITARY RESERVATIONS, ETC.
had not been given, or jurisdiction ceded, except so far as such process
may affect the real or personal property of the United States.
" SEC. 5. The jurisdiction hereby ceded shall not vest in any respect
to any portion of said property until the United States shall have
acquired the title thereto, by purchase or otherwise.
" SEC. 6. The said property, when acquired by the United States,
shall be and continue forever thereafter exonerated and discharged
from all taxes, assessments, and other charges, which may be levied
or imposed under the authority of this state; but the jurisdiction
hereby ceded, and the exemption from taxation hereby granted, shall
continue in respect to said property, and to each portion thereof, so
long as the same shall remain the property of the United States, and
be used for the purposes aforesaid, and no longer." (Passed April
15, 1857. Rev. Stats, of New York, 8th ed., Vol. 1, p. 189.)
For Act of the State Legislature, passed April 18, 1861, see Fort
Hamilton.
" SECTION 1. The last paragraph of the seventh section of the act
entitled * * * (above Act of April 18, 1861) is hereby amended
so as to read as follows: for the purpose of building and maintain-
ing thereon batteries, forts, magazines, wharfs, and other necessary
structures, with their appendages, adjacent to Fort Hamilton, Kings
County, Long Island, and adjacent to Fort Tompkins, in the town of
Southfield, county of Richmond, Staten Island." (Passed February
20, 1862.)
See also Fort Hamilton for Act of February 20, 1862, as to condem-
nation proceedings.
For title to and jurisdiction over water-covered lands, see Act of
the State Legislature passed May 7, 1880, as set out under caption of
" Fort Wood."
By Patent from the Governor of the State of New York, dated May
26, 1880, title to and jurisdiction over the premises described in the
Act of May 7, 1880, were granted and conveyed to the United States,
subject to the terms of the said act and the limitations contained
therein. Recorded May 26, 1880, in Book of Patents No. 44, page
604, etc., of the records of Patents in the Office of the Secretary of
State for the State of New York.
Jurisdiction over the additional lands was ceded to the United
States by acts of the State Legislature, passed May 26, 1893, and
February 14, 1896, which acts provide as follows :
" SECTION 1. The consent of the State of New York is hereby given
to the acquisition by the United States of the following described
tracts or parcels of* land upon the payment of the taxes now due
thereon, namely : All those certain tracts or parcels of land, situated,
lying and being in the village of Edgewater, in the town of South-
field, in the County of Richmond, and State of New York, adjacent
to the military reservation of Fort Wadsworth, on Staten Island, as
follows, to wit : One certain tract of land containing about fourteen
acres, and the land and land under water lying in front thereof, and
between ordinary high-water mark of New York bay and the pier
and bulkhead line established by the United States, and four certain
adjacent tracts of land, containing in the aggregate about eighty-two
acres, and about four and eight hundred and fifty-five one-thou-
sandths acres of land and land under water, lying in front of that
portion thereof that borders on the shore of New York bay, and
NEW YORK. 275
between ordinary high-water mark of said New York bay and the
pier and bulkhead line established by the United States; and it is
hereby provided that the United States may erect fortifications, bar-
racks, and other public buildings thereupon for the defense of New
York harbor ; and the United States shall have, hold and occupy said
lands thus acquired, and shall exercise jurisdiction and control over
the same and every part thereof, .subject to the restrictions hereinafter
mentioned.
" SEC. 2. The jurisdiction hereby ceded shall vest when plats and
descriptions of the said lands thus acquired, shall have been filed in
the office of the Secretary of State of the State of New York; such
jurisdiction shall continue no longer than the United States shall own
such lands, and such consent is given and jurisdiction ceded upon the
express condition that the State of New York shall retain concurrent
jurisdiction with the United States in and over such lands, so far as
that all civil and criminal process, duly issued under the laws of said
State, for acts done or offenses committed within said State, may be
freely and fully executed on and within the said lands, except so far
as such processes may affect the real or personal property of the
United States.
" SEC. 3. So long as such lands thus acquired shall remain the prop-
erty of the United States, and no longer, the same shall be and con-
tinue exonerated from all taxes, assessments, and other charges which
may be levied or imposed under the authority of this State." (Passed
May 6, 1893. Laws of N. Y., 1893, vol. 2, p. 1423.)
Jurisdiction over the tracts acquired from Elizabeth D. Oker-
hausen, Joseph B. Whitney, Adeline Haxtun, and Henry Mouquin
respectively, was ceded by the Governor, under the provisions of the
General Act of Cession, under dates of October 24, 1898, December
19, 1900, May 9, 1901 and December 19, 1901.
See also General Act of Cession, and Act entitled "Act to release
to the U. S. etc." dated March 12, 1903. (Laws of N. Y., 1903, vol. 1,
p. 151), releasing rights of State under tax sales.
Revocable License: License, September 30, 1901, to the Treasury
Department to occupy for a light-keeper's dwelling a tract of land
100 by 125 feet near the intersection of New York and Richmond
Avenues. (Location changed by letter of the Secretary of War to
the Secretary of Commerce and Labor, November 5, 1903; accepted
by the latter February 15, 1904.)
WATERVLIET ARSENAL.
This reservation contains an area of about 10<5 acres, and is situ-
ated at West Troy, in Albany County. The title is as follows :
1. Deed from James Gibbons and wife, dated July 14, 1813, con-
veying 12 acres 3 roods and 28 perches of land with reservations.
Recorded in Book D D, page 23, etc., of the deed records in the
Clerk's office of the City and County of Albany.
2. Deed from James Dalliba, agent, dated July 29, 1826. Recorded
in Book F F, No. 2, page 44, etc., of same records. This deed is a
release of trust, and cites a deed taken inadvertently to said Dalliba,
special agent for the people of the United States, from James
Gibbons and wife, dated May 17, 1823, for seven lots in Gibbonsville,
near Watervliet,
276 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Deed from Esther Gibbons, sole executrix, etc., dated April 28,
1828, conveying 30 acres of land. Eecorded in Book F F, No. 2, page
139, of same records.
4. Deed from Peter S. Henry, Master in Chancery, dated June 17,
1833, conveying 44.99 acres of land. Recorded in Book S S, page
447, etc., of same records.
5. Deed from Augustus Viele and wife, dated March 18, 1859, con-
veying a tract therein described. Recorded in Book 157, page 336,
etc., of same records.
6. Deed from Albert G. Sage and wife, dated April 7, 1859, con-
veying a tract therein described. Recorded in Book 157, page 116,
etc., of same records.
7. Quit-Claim Deed from John B. Chottar and wife, dated May 27,
1859, conveying two tracts of land therein described ; also Lot No.
69 in West Troy. Recorded in Book 156, page 506, etc., of same
records.
8. Deed from Joseph Hackett and wife, dated May 7, 1861, con-
veying part of Lot No. 68. Recorded in Book 172, page 15, etc., of
same records.
9. Deed from Archibald A. Dunlap and wife, dated May 7, 1861,
conveying part of Lot No. 67. Recorded in Book No. 173, page 498,
etc., of same records.
10. Deed from Stephen S. Wandell and wife, dated May 7, 1861,
conveying part of Lot No. 68. Recorded in Book 172, page 18, etc.,
of same records.
11. Quit-Claim Deed from Esther E. Wandell and husband, dated
May 7, 1861, conveying Lot No. 68.
12. Quit-Claim Deed from Archibald A. Dunlap and wife, dated
February 24, 1862, conveying north half of Lot 67.
13. Deed from Albert G. Sage and wife, dated September 7, 1866,
conveying a tract therein described. Recorded in Book 208, page 41,
etc., of same records.
14. Deed of Release from the Trustees of Union College, dated
September 12, 1866, conveying interest in Lot 66. Recorded in Book
210, page 337, etc., of same records.
15. Deed from William J. Snyder and wife, dated December 20,
1866, conveying Lot 63. Recorded in Book 210, page 342, etc., of
same records.
16. Deed from Martha Davis, dated December 22, 1866, conveying
Lot 67 and additional strip with reservation of ground rent. Re-
corded in Book 210, page 333, of same records.
17. Quit-Claim Deed from Jane Hunter and husband, et al., dated
December 24, 1866, conveying Lot 65. Recorded in Book 210, page
347, of same records.
18. Quit-Claim Deed from Peter Thalimer and wife, dated Jan-
uary 1, 1867, conveying Lot 64. Recorded in Book 210, page 341,
etc., of same records.
19. Quit-Claim Deed from Laura O. Deming and husband, dated
January 16, 1867, conveying Lot 66. Recorded in Book 210, page
334, etc., of same records.
20. Deed of Release from Union College, dated February 1, 1867,
conveying all interest in Lot 64. Recorded in Book 210, page 339,
etc., of same records.
NEW YORK. 277
21. Quit-Rent Deed from Archibald A. Dunlap and wife, dated
August 24, 1867, releasing ground rent on Lot 67. Recorded in
Book 210, page 343, of same records.
22. Quit-Rent Deed from Alexander McAllister and wife, dated
August 27, 1867, releasing ground rent on Lot 63. Recorded in Book
210, page 338, etc., of same records.
23. Quit-Rent Deed from Alexander McAllister and wife, dated
August 27, 1867, releasing ground rent on Lot 65. Recorded in Book
210, page 346, etc., of same records.
24. Deed from Elizabeth Hall and husband, dated August 16, 1869,
conveying Lots 51 and 50. Recorded in Book 232, page 231, of same
records.
Jurisdiction was ceded by acts of the State Legislature passed
March 31, 1815, April 20, 1830, March 30, 1833, April 14, 1859, and
March 28, 1867, which acts provide as follows :
(For act of March 31, 1815, wThich provides for Commissioners to
cede jurisdiction, etc., by deed, see Fort Montgomery. No evidence
of deed.)
" SECTION 1. The jurisdiction of the State of New York is hereby
ceded to the United States of America, for the purpose of erecting
and maintaining thereon arsenals, magazines, dock-yards and other
necessary buildings, over all that certain tract, piece or parcel of land,
situate, lying and being in the town of Watervliet, in the county of
Albany, and bounded as follows, to wit: * * * together with all
the land under water lying opposite and easterly of the described
premises, which has been heretofore granted by letters patent to
James Gibbons by the people of the State of New York ; the evidences
of the several purchases of the land which is hereby ceded, being
recorded in the office of the clerk of the county of Albany ; but always
excepting and reserving out of the lands above described, the land
occupied by the Erie canal, one rod on each side thereof, and also the
public highway.
" SEC. 2. The jurisdiction so ceded to the United States is granted
upon the express condition that the State of New York shall retain a
concurrent jurisdiction with the United States, in and over the tracts
of land aforesaid, so far as that civil process, in all cases, and such
criminal process as may issue under the authority of the State of New
York, against any person or persons charged with crimes committed
without the said tract of land, may be executed therein, in the same
way and manner as if this jurisdiction had not been ceded. The
United States are to retain such jurisdiction so long as said tract of
land shall be used for the purposes expressed in the foregoing section,
and no longer." (Passed April 20, 1830. Rev. Stats, of N. Y., 8th
ed., vol. 1, p. 167.).
" SEC. 3. The jurisdiction of the state of New York is hereby
ceded to the United States of America, for the purpose of erecting and
maintaining thereon arsenals, magazines and other necessary build-
ings, over all that certain tract, piece, or parcel of land, situate, lying
and being in the town of Watervliet, in the county of Albany, and
bounded as follows, to wit: Beginning at a stone set in the ground,
marked ' U. S. No. 2,' standing at the south side of the Shaker road,
and running thence from the said stone along the said road north
seventy-two degrees east, sixteen chains and twenty-four links, to a
stone in the ground, marked c U. S. No. 6 ; ' thence south twenty-two
278 UNITED STATES MILITARY RESERVATIONS, ETC.
degrees west, ten chains seventy-six links, to a stone in the ground
marked ' U. S. No. 7 ; ' thence north sixty-eight degrees west, twelve
chains eighty-one links, to the place of beginning, containing six acres
and eighty-nine hundredths of an acre. Also over all that other cer-
tain tract, piece or parcel of land situate, lying in, and being in the
town of Watervliet, in the county of Albany, aforesaid, bounded as
follows, to wit : Beginning at a stone set in the ground, marked ' U. S.
No. 4,' and running thence north twenty-twro degrees east, six chains
and thirty-four links, to a stone in the ground marked ' U. S. No. 3,'
standing at the south side of the Shaker road ; thence south seventy-
two degrees west, sixteen chains and twenty-four links, to a stake, (a
stone in the ground marked ' U. S. No. 8 ') , on the north side of the
old Schenectady road; thence along the said road southeasterly
twenty-two chains and fifty-nine links, to the westerly corner of the
burial ground; then along the outside thereof north fifty-seven
degrees forty-five minutes east, three chains and twenty-nine links,
to the most northerly corner of the said burial ground ; thence south
thirty-two degrees fifteen minutes east, three chains twenty-nine links,
to the most easterly corner of the said burying ground ; thence south
sixty-nine degrees east, one chain forty-four links, to a stake, (a stone
in the ground marked ' U. S. No. 9 ') ; thence south seventy-nine
degrees fifteen minutes east, twelve chains eighty links, to a stone in
the ground marked ' U. S. No. 10,' on the west side of Erie canal ;
thence along the canal north ten degrees east, nine chains and ninety-
three links, to the south line of the land belonging to the people of the
United States ( designated by a stone in the ground marked ' U. S.
No. 11 ') i ; thence along the said line north sixty-eight degrees west,
twenty-four chains fifty links, to the place of beginning, containing
thirty-eight acres and one-tenth of an acre ; but always excepting and
reserving out of the lands above described one rod in width along the
west side of the Erie canal.
" SEC. 4. The jurisdiction so ceded to the United States over the
said tracts of land mentioned in the last preceding section, is granted
upon the express condition that the State of New York shall retain
a concurrent jurisdiction with the United States in and over the said
tracts of land, so far as that civil process in all cases, and such
criminal process as may issue under the authority of the State of New
York, against any person or persons charged with crimes committed
within or without the said tracts of land, may be executed therein
in the same way and manner as if this jurisdiction had not been ceded,
and is to take effect when the purchase by them of the said tracts of
land is completed, and the evidences thereof recorded in the office
of the clerk of the county of Albany, and they are to retain such
jurisdiction so long as the said tracts of land shall be used for the
purposes expressed in the foregoing section, and no longer.
" SEC. 5. The jurisdiction hereby first ceded shall not vest until the
United States shall have acquired the title to the land mentioned in
the preceding section, either by purchase or in the manner hereinafter
prescribed.
" SEC. 6. If the United States can not acquire the title to the said
premises first above described by purchase, the same may be taken,
and the damages may be ascertained and paid in the manner pre-
scribed in the fourth article of the second title of chapter nine of the
third part of the Revised Statutes, and the same proceedings shall
NEW YORK. 279
be had in all respects as prescribed in the said article." (Passed
March 30, 1833. Rev. Stats, of N. Y., 8th ed., vol. 1, p. 168.)
" SECTION 1. The jurisdiction of the State of New York is hereby
ceded to the United States of America, for the purpose of erecting
and maintaining thereon arsenals, magazines and other necessary
buildings, and also of using the grounds hereinafter described in
connection with the arsenal buildings already erected, over all that
certain tract, piece, or parcel of land, situate, lying, and being in the
village of West Troy, town of Watervliet, and County of Albany,
bounded as f ollowrs, to wit : [Here describes lands conveyed by
Augustus Viele and wife, March 18, 1859.]
" SEC. 2. The jurisdiction so ceded to the United States over the
said tract of land mentioned in the preceding section, is granted upon
the express condition that the State of New York shall retain a con-
current jurisdiction with the United States in and over the said
tract of land, so far as that civil process in all cases, and such crimi-
nal process as may issue under the authority of the State of New
York, against any person or persons charged with crimes committed
within or without the said tract of land, may be executed thereon in
the same way and manner as if this jurisdiction had not been ceded,
and this act is to take effect when the purchase by the United States
of said tract of land is completed, and the evidences recorded in the
office of the Clerk of the County of Albany, and not before ; and they
are to retain such jurisdiction so long as the said tract of land shall
be used for the purposes expressed in the foregoing section, and no
longer." (Passed April 14, 1859. Rev. Stats, of N. Y., 8th ed., vol. 1,
p. 191.)
" SECTION 1. Jurisdiction is hereby ceded to the United States of
America over all that certain tract, piece, or parcel of land situate,
lying, and being in the village of West Troy, town of Watervliet, and
County of Albany, bounded as follows, to wit: * * * And also
all that certain other tract, piece or parcel of land situate, lying and
being in said village of West Troy, bounded as follows, to wit : * * *
" SEC. 2. The State of New York retains a concurrent jurisdiction
with the United States in and over the said lands, so far forth as that
all civil and criminal process which may issue under the laws or
authority of the State of New York may be executed thereon, in the
same way and manner as if this jurisdiction had not been ceded, when
such process does tiot affect the real or personal property of the
United States. This act takes effect when the United States has ac-
quired, by purchase or otherwise, the title to said tract of land and
has recorded the evidence of such title in the office of the clerk of the
County of Albany, and not before.
" SEC. 3. The said property, when acquired by the United States,
shall be and continue forever thereafter exonerated and discharged
from all taxes and assessments and other charges which may be levied
or imposed under the authority of this State; but the jurisdiction
hereby ceded and the exemption from taxation hereby granted shall
continue, in respect to said property, so long as the same shall remain
the property of the United States and be used for public purposes,
and no longer." (Passed March 28, 1867. Rev. Stats, of N. Y.,
8th ed., vol. 1, p. 198.)
Soo Appendix, pages 480, 484.
See also General Act of Cession.
280 UNITED STATES MILITARY RESERVATIONS, ETC.
WEST POINT.
This reservation comprises an aggregate area of about 3,294 acres,
exclusive of Constitution Island (area about 280 acres) and sub-
merged land, and is the seat of the United States Military Academy.
The main reservation (area about 2,523 acres) is situated in Orange
County on the west bank of the Hudson River, 51 miles above the
city of &ew York. The title is as folio AYS :
Main reservation.
1. Deed from Stephen Moore and wife, with covenant to acknowl-
edge and levy fine or fines, to Henry Knox, Secretary of War, etc.,
dated September 10, 1790, conveying 2 tracts of land, parts of the
Congreve and Moore patents, recorded in the office of the Secretary
of State of the State of New York, in book of deeds No. 24, page 74,
etc., purchase authorized by act of Congress approved July 5, 1790.
Quitclaim dated October 1, 1790, from Henry Knox, Secretary of
War, to the same premises. Recorded in same book on same page.
The boundaries of the above tracts were settled in 1812, under an
act of Congress approved January 22, 1811. According to the report
of the commissioners, dated January 22, 1812, the area of the Con-
greve tract is 1,438 acres and that of the Moore tract is 332 acres.
The report, proofs and map were recorded in the office of the Secre-
tary of State of the State of New York, in book of deeds No. 38,
page 521, and were accepted by an act of Congress approved Jan-
uary 5, 1813.
2. Deed from Oliver Gridley and wife, dated May 13, 1824, convey-
ing 310 acres. Recorded in liber " Y," page 58 of deed records of
Orange County. Purchase authorized by act of Congress approved
March 10, 1824.
3. Deed from Kinsley Twining and wife, et al., dated May 7, 1889,
conveying 231 acres, known as the "Kinsley Tract," exclusive of
the right of way of the New York West Shore and Buffalo Railway
(excepted from the conveyance), and inclusive of certain highways
embracing 6 acres. Recorded in liber 3G9, page 323, of the same
records.
The following deeds of release were taken to perfect title to this
tract: '
(a) Elizabeth H. Kinsley, May 7, 1889, releasing dower. Liber
369, page 355.
(b) S. B. Diffenderfer, guardian, etc., July 1, 1889. Liber 369,
page 352.
(c) Mary T. Gridley, May 7, 1889. Liber 369, page 333.
(d) Annie G. Walker and husband, May 7, 1889. Liber 369, page
348.
(e) Henry H. Gird, and wife, et al., May 7, 1889. Liber 369,
page 339.
(/) William H. Jaques, September 24, 1889. Liber 369, page 336.
(g) Lynott B. Root, et al., May 7, 1889. Liber 369, page 344.
(A) Eliza A. Reed and husband, June 14, 1889. Liber 369, page
361.
(/) Kinsley P. Diffenderfer and wife, et al., June 14, 1889. Liber
369, page 365.
NEW YORK. 281
(j) Julia Twining, committee and special guardian, etc., July 1,
1889. Liber 369, page 329.
4. Governor's deed, December 29,. 1908, conveying lands along the
Kinsley tract, between high-water line and a line in the river 100
feet distant therefrom. Liber — , page — .
5. Deed from Margaret V. McNulty, dated June G, 1903, conveying
a tract adjoining the reservation known as the " Dassouri " tract,
containing 211.82 acres. Recorded in liber 465, page 448.
"Round Pond" right of way for water pipes, etc.
6. Deed from Ezra Drew and wife, dated August 5, 1879, conveying
49.72 acres including part called " Round Pound," recorded in liber
294, page 307.
7. Deed from Cornelius Nelson, October 27, 1881, conveying all
mineral rights, also " Round Pond," recorded in liber 308, page 296.
8. Deed from Elijah C. Vought, and wife, August 11, 1879, re-
leasing interest in " Round Pond." Recorded in liber 294, page 332.
9. Deed from Moses Gee and wife, dated July 24, 1879, conveying
right of way for water pipe, etc. Recorded in liber 294, page 63.
10. Deed from Townsend Drew, dated July 24, 1879, conveying
right of way, etc., recorded in liber 294, page 60. •
11. Deed from Ezra Drew, and wife, August 5, 1879, conveying
right of way for water pipes, etc. Recorded in liber 294, page 3io.
12. Deed from Samuel Van Voorhis and wife, August 11, 1879,
conveying right of way, etc. Recorded in liber 294, page 336.
13. Deed from William Lewis and wife, August 11, 1879, convey-
ing right of way, etc., recorded in liber 294, page 334.
"Popolopen Creek " tract for water supply and rights of way.
14. Deed from Charles F. Roe and wife, dated June 17, 1905, con-
veying 2 tracts aggregating 267 acres. Recorded in liber 476, page
484.
15. Deed from Charles F. Roe and wife, dated June 17, 1905, con-
veying 15 acres. Recorded in liber 476, page 484.
16. Deed from Lewis F. Goodsell and wife, dated June 17, 1905,
conveying tract of 103 acres, with right of way thereto, and another
tract of 27.33 acres. Recorded in liber 482, page 476.
17. Deed from Charles H. Lambert, and wife, dated September 19,
1906, conveying 36 acres. Recorded in liber 490, page 43.
18. Deed from Lewis F. Goodsell and wife, dated June 22, 1907,
conveying 22 acres. Recorded in liber 498, page 421.
19. 'Decree of condemnation in United States v. John G. Pavek and
wife, et al., covering about 211 acres. Filed April 8, 1907, in the
same records.
20. Decree of condemnation in United States v. Clarissa Rose et al.,
covering 2 parcels containing 35.62 acres and 4.38 acres respect-
ively. Filed January 19, 1909, in the same records.
21. Deed from David C. Rose and wife, dated September 29, 1906,
conveying easement for water pipe. Recorded in liber 486, page 279,
et seq.
22. Deed from Lambert Kleitz and wife, dated March 31, 1906^
conveying easement for water pipe. Recorded in liber 485, page 381.
282 UNITED STATES MILITARY RESERVATIONS, ETC.
23. Deed from William H. Brooks and wife, dated July G, 1905,
conveying easement for water pipe. Recorded in liber 476, page 537.
24. Decree of condemnation in United States v, James Faiirot,
et al., Supreme Court, Orange County, covering easement for water
pipe. Filed December 28, 1905, in the same records.
25. Deed from Lee W. Beattie and wife, dated January 8, 1906,
conveying easement for water pipe. Recorded in liber 480, page 100.
26. Deed from Charles S. Degray, and Isaac F. Garrison, and
wife, dated January 20, 1906, conveying easement for water pipe.
Recorded in liber 480, page 412.
27. Deed from Susan F. Carpenter, dated March 26, 1906, convey-
ing easement for water pipe. Recorded in liber 481, page 413.
28. Deed from Edward W. Dornberger and wife, dated April 13,
1906, conveying easement for water pipe. Recorded in liber 482,
page 2.
29. Deed from Carrie A. Garrison, dated April 30, 1906, convey-
ing easement for water pipe. Recorded in liber 483, page 102.
30. Deed from Clinton Drew et al., dated May 29, 1906, conveying
easement for water pipe. Recorded in liber 483, page 399.
31. Deed from Adclie Drew, widow, et al., dated July 27, 1906,
conveying easement for water pipe. Recorded in liber 484, page 329.
32. Deed of Edith Mandigo, dated November 7, 1906, conveying
easement for water pipe. Recorded in liber 487, page 275.
33. Deed from Elizabeth Gibney, dated October 15, 1906, convey-
ing easement for water pipe. Recorded in liber 487, page 8.
34. Deed from John Pierpoint Morgan and wife, dated March 12,
1907, conveying easement for water pipe. Recorded in liber 501,
page 77.
35. Decree of condemnation in United States •?>. Theodore Faurot
et al., covering easement for water pipe. Filed February 25, 1907, in
the same records.
Constitution Island.
This island contains an area of about 230 acres of upland and about
50 acres of meadow and was donated to the United States by deed
of Mrs. Margaret Olivia Sage, elated - - 1908. Recorded in liber
— , page — , of the deed records of Putnam County. The donation
of this island was accepted by act of Congress approved February
24, 1909 (35 Stat. L., 1166).
Jurisdiction, etc.
Jurisdiction was ceded to the United States by acts of the State
Legislature, passed March 2, 1826; May 15, 1875; May 25, 1876;
April 21, 1879, as amended by act of May 30, 1879; June 14, 1880;
May 12, 1881; May 15, 1888; February 23, 1905, as amended March
21, 1905, and April 27, 1908, which acts provide as follows:
"Be it enacted, etc., That the jurisdiction of this State, in and over
the tract of land hereinafter described, be and the same is hereby
ceded to the United States ; that is to say, all that piece or parcel of
land lying in the town of Cornwall, in the County of Orange, and
bounded as follows: Beginning at the northeasterly corner of the
piece of land herein intended to be described, at the mouth of a small
NEW YORK. 283
creek which enters into the Hudson river near the old Stores, and
thence up and along the southeasterly side of the said creek, to its
intersection with the northeasterly side of the road leading from West
Point to John Kronkhite's ; thence southeasterly along the northeast-
er ty side of the said road, to its intersection with the road which leads
from West Point southerly to the widow Kinsley's ; thence from said
point of intersection due south to a point seven chains south of the
line which divides the Gridley farm from the post of West Point;
and from thence south eighty-one degrees east, to the Hudson river,
on a line parallel with the said division line ; and from thence north-
wardly along the low-water mark of the said river, to the place of
beginning, containing two hundred and twenty acres or thereabouts;
Provided, nevertheless, That such jurisdiction so ceded as aforesaid
shall not extend or be construed to extend so as to impede or prevent
the execution of any process, civil or criminal, under the authority
of this State, except so far as such process may affect the real or per-
sonal property of the United States, within the said above-described
tract of land." (Passed March 2, 1826. Rev. Stats, of N. Y., 8th ed.,
vol. 1, p. 165.)
" SECTION 1. Consent is hereby given under paragraph sixteen of
section eight, article one of the Constitution of the United States, to
the respective purchases heretofore made by the United States, of
the several tracts of land at West Point, in the county of Orange,
now held and owned by the United States for the erection and main-
tenance thereon of forts, arsenals, docks and piers, military academy,
hospitals, and other needful buildings, and for the maintenance of the
National cemetery and an observatory, and the legislature hereby also
cedes the jurisdiction over said lands to the United States, reserving
the right to serve civil and criminal process as now existing, except
so far as such process may affect the real or personal property of the
United States, and occupancy of the highways now existing or which
may exist, upon said lands under the laws of this state." (Passed
May 15, 1875. Rev. Stats, of N. Y., 8th ed., vol. 1, p. 209.)
" SECTION 1. All the right and title of the State of New York to
the following described parcel of land covered with water adjacent
and contiguous to the lands of the United States on the Hudson river
at West Point, and jurisdiction over the same, are hereby released and
ceded to the United States under article one, section eight, paragraph
sixteen of the Constitution, for the purpose of erecting and maintain-
ing docks, wharves, boat-houses, batteries, and other needful military
structures and appurtenances; * * * Provided, that jurisdiction-
hereby ceded shall continue no longer than the United States shall
own said land at West Point and the adjacent land covered with
water hereby released; and provided further, that all civil and such
criminal process as may lawfully issue under authority of this state
may be served or executed over said released lands." (Passed May
25, 1876. Rev. Stats, of N. Y., 8th ed., vol. 1, p. 214.)
" SECTION 1. The commanding officer of the United States military
post at West Point, New York, is hereby authorized by himself, or
such representative as he may appoint, to enter upon any lands for
the purpose of making surveys, with a view to the improvement of
the water supply of said United States military post at West Point,
New York, and to agree with the owner or owners of any lands, and
284 UNITED STATES MILITAEY RESERVATIONS, ETC.
of Round Pond, as to the amount of compensation to be paid for the
same, or any of the same, or for the right of way or other easement,
on any lands which, or any of which, may be required for the pur-
poses of this act, or which may be injuriously affected by any of the
operations authorized thereby or connected therewith."
(Sections 2 and 3 provide for condemnation of the property in case
of disagreement as to purchase.) (Act of April 21, 1879, as amended
by Act of May 30, 1879. Rev. Stats, of N. Y., 8th ed., Vol. 1, p. 2ir>.)
" SECTION 1. The consent of the state of New York is hereby given
to the purchase by the United States of America of a certain pond,
known as Round pond, in the town of Highlands, county of Orange,
state of New York, and of certain lands adjacent thereto, amounting
in all to forty-nine and seventy-two one hundredths acres, and of the
right of laying a water pipe from the same to the United States lands
at West Point, New York, for the purpose of increasing the water
supply thereof; and the said United States may hold, use, occupy and
own the said lands and pond and exercise jurisdiction and control
over the same and every part thereof, subject to the restrictions here-
inafter mentioned.
"SEC. 2. The jurisdiction of the state of New York in and over
said lands and pond mentioned in the last section shall be and the
same is hereby ceded to the United States for the purpose aforesaid;
and the jurisdiction hereby ceded shall continue no longer than the
said United States shall own the said lands and pond.
"SEC. 3. The consent is given and the said jurisdiction ceded upon
the express condition that the state of New York shall retain con-
current jurisdiction with the United States in and over the said lands
and pond so far as that all civil process in all cases and such criminal
and other process as may issue under the laws or authority of the
state of New York against any person or persons charged with
crimes or misdemeanors committed within said state, may be exe-
cuted therein in the same way and manner as if such consent had not
been given or jurisdiction ceded, except so far as such process may
affect the real or personal property of the United States.
" SEC. 4. So long as the said lands and pond shall remain the prop-
erty of the United States, and no longer, the same shall be and con-
tinue discharged from all taxes, assessments, and other charges which
may be levied or imposed under the authority of this state.
" SEC. 5. This act shall not affect the claim of .Cornelius Nelson in
and to the minerals upon the said premises, nor the right of the pub-
lic to enjoy the public highways as heretofore used." (Passed June
14, 1880. Rev. Stats, of N. Y., 8th ed., Vol. 1, p. 226.)
" SECTION 1. The United States is hereby authorized, through the
Secretary of War, to agree with the owner or owners of any minerals,
mineral fight or right appertaining to such mineral right in said
lands and premises, purchased by the United States in manner afore-
said, to wit, said Round pond and lands adjacent thereto, in the town
of Highlands, Orange County, New York, and with the owner of any
such minerals, or mineral or other rights as aforesaid, in the lands
through which the right of laying a water pipe from Round pond to
the United States lands at West Point, New York, was granted as
aforesaid, as to the compensation to be paid for the same, and to
acquire and hold said minerals, and mineral or other rights, as afore-
said."
NEW YORK. 285
(Sections 2 and 3 provide for condemnation of the property in case
of disagreement as to purchase.) (Passed May 12, 1881. Rev. Stats,
of N. Y., 8th ed., Vol. 1, p. 227.)
" SECTION 1. Consent is hereby given under paragraph seventeen of
section eight, article one, of the Constitution of the United States,
to the purchase by the United States of the whole or a part of the
lands of the estate" of the late E. V. Kinsley lying to the south of and
adjoining the government lands at West Point, New York, in the
county of Orange, and now the property of the heirs of said Kinsley,
for the erection and maintenance thereon of forts, magazines, arsenals,
dockyards, military academy, hospitals, and other needful buildings ;
and the legislature hereby also cedes the jurisdiction over said land to
the United States, reserving the right to serve civil and criminal proc-
ess as now existing, except so far as such process may affect the real
or personal property of the United States, and the occupancy of the
highways now existing or which may exist upon said lands under the
laws of the State.
" SEC. 2. This act shall take effect upon the filing by the United
States in the department of state of the state of New York, of proper
evidence of the purchase of said lands by the United States, either by
agreement with the heirs of the said E. V. Kinsley or in the mode pro-
vided by the laws of the state of New York." (Passed May 15, 1888,
Rev. Stats, of N. Y., 8th ed., Vol. 1, p. 237.)
See Appendix, page 476.
Consent given and jurisdiction ceded by the Act of February 23,
1905, as amended by Act of March 21, 1905 (Laws of New York,
1905, page 108), to the acquisition by the United States of lands or
water, or any rights and easements therein, in the town of Highlands,
County of Orange, at or adjacent to Popolopen Creek, upon the
following provisos, inter alia:
" The said consent is given and the said jurisdiction is ceded upon
the express condition, that the state of New York shall retain a con-
current jurisdiction with the United States of America in and over
the said land, waters, rights in land and waters and rights of way
so far as that all civil or criminal processes which may issue under
the laws or authority of said state may be executed -therein, in the
same manner and to the same extent as if such consent had not been
given or jurisdiction ceded, except so far as such process may affect
the real or personal property of the United States of America. * * *
" The cession of jurisdiction hereby made shall take effect upon the
filing by the United States of America in the department of state of
the state of New York of proper evidence of the acquisition of said
lands, water, rights to lands and water and rights of way by the
United States of America, either by agreement with the owners
thereof, or in the mode provided by the laws of the United States of
America or of the state of New York." (Laws of New York, 1905,
page 110.)
" SECTION 1. Consent is hereby given under paragraph seventeen of
section eight, article one, of the constitution of the United States, to
the several purchases heretofore made by the United States, since
May fifteenth, eighteen hundred and seventy-five, of certain lands in
the county of Orange, state of New York, adjacent or contiguous to
the military reservation at West Point, for the erection and mainte-
286 UNITED STATES MILITAKY RESERVATIONS, ETC.
nance thereon of forts, magazines, military academy, hospitals, docks,
piers, and other needful buildings and for other military purposes of
the United States military academy, and jurisdiction is hereby ceded
over all said lands thus purchased and acquired by the United States,
and over any roadway thereon not public highways across said reser-
vation, and also over such land under water of Hudson river adjacent
to said purchased lands as may be released or ceded to the United
States by this state under the provision of this act: Provided, that
jurisdiction hereby ceded shall continue no longer than the United
States shall own said lands at West Point and the adjacent land
covered with water hereby released, and provided further, that all
civil and such criminal process as may be lawfully issued under
authority of this state may be served or executed over said lands."
(Passed April 27, 1908, page 401, Vol. 1, Laws of 1908.)
'(Sec. 2, authorizes conveyance made by Governors' deed, No. 4,
ante.}
Easements: Act of Congress, approved December 14, 1867, author-
ized the Secretary of War to grant a right of way through the reser-
vation to the Hudson River West Shore Railroad Company. License
under above authority, August 5, 1870. See Appendix, page 476.
Lease February 1, 1907, for 5 years, to the Buttermilk Falls Elec-
tric Company, of electric light plant at Popolopen Creek.
Lease January 20, 1908, to William P. Duffy, for 5 years, from
April 16, 1908, of public stables.
Lease October 1, 1907, for 5 years, to John P. Craney, of West
Point Hotel.
Revocable Licenses: License, May 15, 1890, to the Highland Falls
Water and Electric Power Company to lay, maintain and use a line
of water pipe across the southwest corner of the reservation.
License, April 14, 1899, to the Rt. Rev. M. A. Corrigan to erect and
maintain a chapel on the reservation under authority of Act of Con-
gress, approved July 8, 1898.
FORT WOOD (BEDLOE'S ISLAND).
This island contains an area of about 12 acres, and is situated in
New York Harbor, on the western side of the channel of the upper
bay ; is about If miles Southwest from the " Battery " at New York
City, 2 miles from Governor's Island, and 1J miles from the New
Jersey shore. The Island is the site of Fort Wood, and also of the
"Statue of Liberty." Title and jurisdiction are as follows:
By an act of the State Legislature passed February 15, 1800, en-
titled "An Act to cede to the United States the jurisdiction of certain
Islands situated in and about the harbor of New York," which pro-
vided as follows:
"Be it enacted, etc., That the following islands, iri and about the
harbor of New York, and in and about the fortifying of which, this
State hath heretofore expended or caused to be expended large sums
of money, to wit, all that certain island called Bedlow's Island,
bounded on all sides by the waters of Hudson river; all that certain
island called Oyster island, bounded on all sides by the waters of the
Hudson river; and all that certain island called Governor's island, on
which Fort Jay is situate, bounded on all sides by the waters of East
NEW YORK. 287
river and Hudson river, shall hereafter be subject to the jurisdiction
of the United States : Provided, that this cession shall not extend to
prevent the execution of any process, civil or criminal, issuing under
the authority of this State, but that such process may be served and
executed on the said islands, respectively, anything herein contained
notwithstanding." (Passed February 15, 1800. See Eev. Stats, of
N. Y., 8th ed., Vol. 1, p. 152, sec. 3.)
That it was the intention of the Legislature by the above-recited
Act to cede title as well as jurisdiction is clearly evident from the
Act approved May 7, 1880, ceding certain lands covered with water,
which is as follows :
" SECTION 1. All the right and title of the state of New York to the
following described parcels of land covered with water, adjacent and
contiguous to the lands of the United States, in the harbor of New
York, at Governor's, Bedloe's, Ellis's, and David's Islands, and Forts
Lafayette, Hamilton, Wadsworth (or Tompkins), and Schuyler, and
jurisdiction over the same, are hereby released and ceded to the
United States under article one, section eight, paragraph seventeen
of the constitution, for the purpose of erecting and maintaining docks,
wharves, boat-houses, sea walls, batteries, and other needful structures
and appurtenances. Said lands covered with water are bounded and
described as follows. * * * Provided, that jurisdiction hereby
ceded shall continue no longer than the United States shall own said
lands at Governor's, Bedloe's, Ellis's, and David's Islands, and at
Forts Lafayette, Hamilton, Wadsworth, and Schuyler, and the adja-
cent lands covered with water, herein described and hereby released ;
and provided, further, that all civil and such criminal process as
may lawfully issue under authority of this state may be served or
executed over said released lands." (Passed May 7, 1880. Rev.
Stats, of N. Y., 8th ed., Vol. 1, p. 223.)
Subsequent to the passage of the foregoing Act, to wit, May 26,
1880, the submerged premises were granted and conveyed to the
United States of America by the Governor of the State of New York,
by letters patent, under the terms of the said Act, and with the limita-
tions contained therein. Patent recorded May 26, 1880, in Book of
Patents No. 44, page 604, etc., of the records of Patents in the office
of the Secretary of State for the State of New York.
See also General Act of Cession.
License, January 17, 1905, to the United States from The Central
Railroad Company of New Jersey to lay and maintain on the prem-
ises of said company a steel pipe for the transmission of fresh water
to Fort Wood. License given " for the term of ten years * * *
and thereafter during the pleasure " of the company.
License, May 13, 1905, to the United States from the National
Storage Company, covering similar privilege.
By Executive Order, dated December 30, 1901, The President
directed that the Light House Reservation on Bedloe's Island be
placed under the control of the War Department, and that Executive
Order of November 16, 1884, be modified so that the Statue of Lib-
erty and its surroundings shall be cared for by the War Department.
Revocable Lease to J. P. Roberts for three years from January 1,
1907, covering landing of ferry, for the purpose of carrying freight
and passengers to and from the reservation.
288 UNITED STATES MILITARY RESERVATIONS, ETC.
WOODLAWN NATIONAL CEMETERY.
This cemetery contains an area of 2.36 acres of land, and is situated
at Elmira, in Chemung County. The title is as follows :
Deed from the City of Elmira to the United States, dated June 26,
1877, conveying above tract. Deed recorded in Book No. 69, page
604, etc., of the records of deeds in the Chemung County Clerk's Office.
NORTH CAROLINA.
BEACON ISLAND.
This reservation comprises the whole island and is situated inside
Ockrakoke Inlet, one of the entrances to Pamlico Sound, near the
mouth of the Neuse River, in Carteret County. The title is as fol-
lows:
Deed from John G. Blount and John Wallace, dated September 9,
1799, conveying said island as lying in Carteret County. Recorded
in Book O, page 129, of the deed records of said County.
Jurisdiction was ceded to the United States by acts of the State
Legislature, ratified July 18, 1794, and December 25, 1813, which
provide as follows :
" Whereas the Congress of the United States have passed an act to
provide for the defence of certain ports and harbors in the United
States, in which is comprised Cape Fear river and Occacock inlet,
and also an act to erect a light-house on the headland of Cape Hat-
teras ; and whereas it is expedient that the United States should have
the exclusive jurisdiction of a sufficient quantity of land on which
said forts and light-houses shall be erected :
" 1. Be it enacted, etc., That part of the public ground laid off by
the commissioners of Smithville, for a fort on Cape Fear river, in-
cluding part of the ground whereon Fort Johnson formerly stood,
with the exclusive jurisdiction thereof, shall be and the same is hereby
ceded to the United States of America, under the condition herein-
after mentioned.
"2. And be it further enacted, That the exclusive jurisdiction of
Beacon island, in the harbor of Occacock, and four acres of land at
the headland of Cape Hatteras, and also so much of the town of
Smithville, adjoining Fort Johnson, as may be found necessary for
the said fort, not exceeding six acres, shall be ceded and stand vested
in the United States, as soon as the proprietors of said lands shall
convey the same to the United States.
" 3. And be it further enacted, That the above-mentioned lands are
and shall be ceded to the United States, upon the express condition,
that the fortifications, light-houses, and beacons, for which the said
lands are ceded, shall be erected within three years, and be continued
and kept up forever thereafter for the public use.
"4. And be it further enacted, That nothing herein contained shall
be so construed as to debar or hinder any of the officers of this state
from serving any process, or levying executions within the limits
ceded by this act to the United States, in the same manner and to the
same effect as if this act had never been made." (Ratified July 18,
1794.)
NORTH CAROLINA. 289
(Section 1, Act of Dec. 25, 1813, provides for condemnation, etc.)
" SEC. 2. That so much of an act entitled ;An Act to cede to the
United States of America certain lands upon the condition therein
mentioned, as cedes Beacon Island, and four acres of land at the head
land of Cape Hatteras,' as relates to Beacon Island, be, and the same
is hereby, revived and declared to be in full force, any law to the con-
trary notwithstanding: Provided always, and upon express condi-
tion that a fort be erected upon said Island by the United States
within five years after the passing of this act, and kept up forever
thereafter for the use intended by the erection thereof.
" SEC. 3. That the full and entire sovereignty and jurisdiction in
and over said land as may be laid out and paid for, for the purpose of
erecting fortifications and light-houses under and by virtue of this
Act, on or before the first day of December, 1814, be ceded absolutely
and entirely to the United States, who shall have, use, and exercise
exclusive jurisdiction, power and authority over the same and every
part thereof.
" SEC. 4. That nothing herein contained shall be so construed as to
debar or hinder any of the officers of this State from serving any
process or levying executions within the limits which may be laid
off and ceded by this Act to the United States, in the same manner
and to the same effect as if this act had never been made." (Ratified
December 25, 1813.)
FORT CASWELL.
This reservation includes a portion of Oak Island, with metes and
bounds as announced in G. O. No. 124, W. D., July 7, 1906. Area,
about 2750 acres. It is situated about 2 miles from Southport and
22 miles from Wilmington, in Brunswick County. The title is as
follows :
Deed from P. R. Dickinson and I. M. Van Cleef, dated October 12,
1825, conveying tract by metes and bounds.
Jurisdiction was ceded to the United States by an act of the State
Legislature, ratified December 26, 1825, which provides as follows:
" Whereas the Congress of the United States have passed an act to
provide for the defence of the River Cape Fear, by the erections of
proper fortifications on Oak Island, at the mouth of said river ; and
whereas it is expedient that the United States should have the exclu-
sive jurisdiction of said Island, on which said fortifications shall be
erected :
" Be it enacted, etc., That the exclusive jurisdiction of the Island,
called Oak Island, lying and being at the mouth of Cape Fear River,
or of so much threeof as shall be purchased by the United States
for the purpose of erecting a fortification, shall be ceded to and stand
vested in the United States, as soon as the proprietors of said Island
shall convey the same, or any part thereof to the United States for
the purpose aforesaid.
" II. And ~be it further enacted, That the above-mentioned Island,
or such part thereof as shall be purchased as aforesaid, is and shall be
ceded to the United States upon the express condition, that the forti-
fications for which said land is ceded, shall be erected within ten years,
and be continued and kept up forever thereafter for the public use,
16809—10 19
290 UNITED STATES MILITAKY RESERVATIONS, ETC.
" III. And be it further enacted, That nothing herein contained
shall be so construed as to debar or hinder any of the officers of this
State from serving any kind of process or levying executions within
the limits ceded by this act to the United States, in the same manner,
and to the same effect, as if this act had never been passed." (Rati-
fied December 26, 1825.)
On June 23, 1888, two small tracts on this reservation were trans-
ferred to the Treasury Department for a Life-Saving Station and
boat house, subject to the condition that when needed for military
purposes the same shall be surrendered to the War Department.
By letter of June 9, 1891, a change in the location of one of these
tracts was authorized.
Revocable License, October 25, 1905, to the Department of Agri-
culture to erect steel tower on the site occupied by flag staff used by
Life-Saving Service officials for display of storm warnings.
FORT MACON.
This reservation contains an area of about 405 acres, and is situated
at " Old Topsail Inlet," 2 miles from Beaufort and Morehead City, in
Carteret County. The title is as follows :
1. Deed from Jonas Small and Joseph Davis, dated May 1, 1810,
conveying 6 acres and 118 square perches of land. Recorded in Book
P, page 286, of the deed records of Carteret County.
2. Certificate from J. R. Dunnell, Sheriff of Carteret County, and
a Jury, in condemnation proceedings, to the United States, dated
June 1, 1826, conveying " Bogue Banks," containing 405.59 acres.
Recorded in Book T, page 446, of same records.
Jurisdiction was ceded to the United States by acts of the State
Legislature, ratified December 18, 1807, and January 4, 1826, which
provide as follows:
"Whereas the harbor of Old Topsail Inlet is at present in an
unguarded state, and is generally nineteen feet water on the bar of
said harbor, which renders it necessary that the United States should
have the jurisdiction of certain land convenient thereto, in order that
a fort may be erected thereon for the defence of the said port and
harbor ;
" 1. Be it enacted, etc., That five acres of land, in the county of
Carteret, on the west side and adjoining Old Topsail Inlet, be, and
the same is hereby ceded to the United States of America, for the
purpose of erecting a fort thereon for the- defence of the said port
and harbor.
"2. And ~be it further enacted, That Bryant Helen, Jeconias Pick-
ens, and James Stanton be, and they are hereby, appointed commis-
sioners to survey, lay off and mark the boundaries of the said five
acres, and shall return a correct plan thereof to the office of the
secretary of state; and the said plan so by them returned, shall be
deemed full and sufficient evidence of the boundaries aforesaid : Pro-
vided, that the land ceded by virtue of this act is subjected to the fol-
lowing condition : That the said fort shall be erected thereon within
three years from the passing thereof, and provided also, that nothing
herein contained, shall be construed to debar any of the officers of this
state from serving any process or levying executions within the limits
ceded by this act, in the same manner and to the same effect, as if this
act had never been passed. * * * " (Ratified December 18, 1807.)
NORTH CAROLINA. 291
" 1. Whereas the Congress of the United States have passed an act
to provide for the defence of Old Topsail Inlet in this State by the
erection of proper fortifications at Bogue Banks ; and whereas it has
been suggested that difficulties have been experienced by the United
States in procuring proper titles to the sites required and whereas it
is also expedient that the United States should have the exclusive
jurisdiction of said site on which said fortifications shall be erected.
"2. That the exclusive jurisdiction of a certain tract of land
called Bogue Banks, butted and bounded as follows, to wit: Begin-
ning at a point on the Atlantic shore, thence a line due North and
South will touch the extreme end of a line extending west two thou-
sand seven hundred and ninety-five yards from a point at the ex-
treme east end of Bogue Banks, thence from the beginning due North
across Bogue Banks four hundred and eighteen yards till it meets
the Avater's edge, thence eastwardly following the shore along Fish-
ing Creek, and along the shore to the extreme eastern point of
Bogue Banks, thence round said point along the Atlantic Ocean west-
wardly to the beginning containing four hundred and five acres and
fifty-nine hundredths, more or less, shall be ceded and stand vested in
the United States, as soon as the proprietors of said land shall con-
vey the same to the United States; or, in case the proprietors shall
refuse to convey, or be unknown, then as soon as the said land shall
be viewed, laid off and valued as hereinafter shall be directed ; saving
and reserving to the present proprietors of the fisheries the right of
fishing upon said Banks as heretofore exercised by them.
" 3. That should the owner or owners of said land be unknown or
refuse to sell the same for a fair price and the United States shall by
their attorney for the District of North Carolina file with his Excel-
lency the Governor of this State a suggestion in writing, setting
forth their desire to obtain a site for the erection of fortifications on
said lands called Bogue Banks and describing in such suggestion the
situation of such site and the name of the owner or owners, if known,
it shall be the duty of the Governor forthwith to transmit a copy of
such suggestion to one of the Judges of the Superior Courts of Law
and Equity of this State who shall on receipt thereof issue a writ of
venire facias to the Sheriff of the County in which site so required is
situated commanding him to summon twenty-four freeholders of his
County to appear on the premises on a day certain, from which he
shall draw by lot a jury of eighteen persons entirely unconnected
with the owner or owners of such land, who being duly sworn by the
Sheriff or his lawful deputy, either of whom is hereby authorized
and empowered to administer the oath to the said jurors truly and
impartially to value lay off and allot to the United States the 405.59
acres of land aforesaid under their hands and seals in the presence
of such Sheriff or his lawful deputy who shall deliver the said writ
of venire facias with his return thereon and the report of the jury
under their hands and seals, within ten days thereafter to the public
register of the County in which such site and lands lie who shall
forthwith register the same in the records of his office ; and thereupon
the United States shall on payment of the valuation to the person or
persons to whom such lands belong, or if such person or persons re-
fuse to accept the same, or be unknown, on payment of the same into
the public Treasury of this State, therein to await the order or de-
292
mand of the rightful owner, be seized thereof for the purpose men-
tioned in this act: Provided Always and Upon Express Condition,
That such site for the purpose of erecting fortifications and the
annexed land laid off and allotted as above mentioned shall be so
used within five years after the filing of such petition, and be and
occupied continuously thereafter for such purposes; otherwise such
site and annexed land shall revert to this State.
" 4. That nothing herein contained shall be so construed as to de-
bar or hinder any of the officers of this State from serving any
process or levying executions within the limits ceded by this act to
the United States, in the same manner and to the same effect as if
this act had never been made." (Ratified January 4, 1826.)
Revocable Licenses: The Secretary of War announced May 15,
1880, that general fishing privileges were extended to any who might
desire to fish on the beach, provided no disturbance or damage was
created.
License, May 15, 1894, to the Commissioner of Fish and Fisheries
to use a tract of marsh land as an oyster experimental station.
License, December 5, 1905, to Mr. H. D. Goodwin, Life-Saving
Service, for small shelter house.
License, February 23, 1907, to the Treasury Department to use and
occupy a site upon the reservation for the purposes of a life-saving
station and boathouse.
MILITIA TARGET RANGE.
This range is situated near Morehead City, in Carteret County,
and comprises an area of about 25.6 acres. The title is as follows:
1. Deed from Kilby Oglesby, et al., dated August 4, 1906, con-
veying 11.7 acres. Recorded in Book 7, page 428, Office of Register
of Deeds, Carteret County.
2. Deed from John C. Banks, et al., dated August 14, 1906, convey-
ing 13.4 acres. Recorded in Book 7, page 427, of same records.
3. Deed from John C. Banks, et ux., dated July 13, 1908, convey-
ing about one-half acre. Recorded in Book 8, page 146, of same
records.
NEWBERN NATIONAL CEMETERY.
This reservation contains an area of 7.69 acres, and is situated at
Newbern, in Craven County. The title is as follows:
1. Deed from William P. Moore and wife, dated March 13, 1869,
conveying 7.589 acres of land. Recorded in Book No. 69, folio 323,
of the deed records of Craven County.
2. Deed from Isaac N. Hughes and wife, dated July 1, 1874, con-
veying an additional strip of land. Recorded in Book 75, folio 344,
etc., of same records.
3. Deed of Release from Murray, Ferris & Company, dated No-
vember 8, 1869, conveying interest in premises conveyed by Hughes.
Recorded in Book No. 70, folio 233, etc., of same records.
4. Deed from the City of Newbern, dated November 26, 1888, con-
veying right of way 60 feet wide from said City to the Cemetery.
Jurisdiction was ceded to the United States by the following act
of the State Legislature, of March 28. 1870 :
" Whereas the government of the United States of America has
purchased for use as a national cemetery a certain piece or parcel of
?.TH CAROLINA. 293
land in Craven county, bounded and described as follows, to wit:
* * * containing seven and five hundred and eighty-nine thou-
sandths acres: and whereas it is expedient that the United S:
should have exclusive jurisdiction of the land described above and
used as aforesaid: Therefore —
^ECTIOX 1. I ral Assembly of Sorth Carolina do enact,
That the exclusive jurisdiction of the seven acres, five hundred and
eighty-nine thousandths of an acre of land in Craven county, and
used as a national cemetery, shall be ceded and is hereby vested in
the United States upon condition that the said national cemetery be
continued and kept up.
^EC. -2. That nothing herein contained shall be so construed as to
debar or hinder any of the officers of this State from levying any
process or levying execution within the limits over which jurisdic-
tion is by this act ceded to the United States, in the same manner and
to the same effect as if this act had never been passed/' (Ratified
March 28. 1870.)
RALEIGH NATIONAL CEMETERY.
This reservation contains an area of 7.S3 acres, and is situated at
Raleigh in Wake County. The title is as follow
Deed from the State of North Carolina, dated January 17. 1871.
conveying entire tract. Recorded in Book 38, page 83. of the deed
records of Wake County.
Jurisdiction ceded to the United States by the following act of the
State Legislature of April 10. 1869:
SECTION 1. The General Assembly of Xorth Carolina do enact,
That the Governor of this State be, and he is hereby, authorized and
directed to grant or cede, in behalf of the State, to the United States
of America, a certain parcel of land, situated in the county of Wake,
the same being a rectangular tract of land, five hundred and twenty-
four ( 5:24) feet in width, and bounded on the north by land owned by
B. F. Moore, on the east by the land owned by J. P. H. Russ. and on
the south and west by land owned by this State.
"Si 2. That this grant is made in consideration of the United
States occupying this parcel of land herein directed to be granted as a
Xational Cemetery : and whenever it shall cease to be used for such
purposes, the title" to the same shall revert to this State.
u SEC. 3. That nothing herein contained shall be so construed a
debar or hinder any of the officers of this State from suing any proc-
r levying executions within the limits of this act. ceded to the
United States in same manner and to the same effect as if this act had
never been passed." (Ratified April 10, 1869.)
SALISBURY NATIONAL CEMETERT.
This reservation contains an area of about 6 acres, and is situated
at Salisbury, in Rowan County. The title is as folk
1. Deed from Joseph Horah and wife, dated January 7. IS 70, con-
veying 3 acres. 3 roods, and 10 poles of land. Recorded in Book 4."».
pasre 553. of the deed records of Rowan County.
Deed from Joseph Horah and wife, dated January 7. 1^74. con-
veying 4.88-2 square feet of land. Recorded in Book No. 47. page 553,
of the same records.
294 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Deed from M. B. McCanless and wife, dated March 5, 1907, con-
veying strip of land for right of way. Recorded in liber 112, page
466 of same records.
4. Deed from the same, dated November 28, 1907, conveying ease-
ment for slopes, fills and drainage ditch, of Government roadway.
Recorded in liber 116, page 117 of same records.
5. Deed from the same, dated March 10, 1909, conveying land ad-
joining Government road, for the construction of a sidewalk. Re-
corded in liber 119, page 320 of same records.
Jurisdiction ceded to the United States by the following act of the
State Legislature of February 10, 1872 :
" SECTION 1. The General Assembly of North Carolina do enact,
That it shall be lawful for the government of the United States, or
any person under authority of the same, to purchase a tract, piece, or
parcel of land in the county of Rowan and State of North Carolina,
now occupied as a national cemetery; Provided, Said tract or parcel
of land shall not exceed ten acres.
" SEC. 2. That all deeds conveyances or other title paper for the
same shall be recorded as in other cases in the office of the register of
deeds in which the lands so conveyed may lie, in the same manner
and under the same regulations as other deeds and conveyances are
now recorded, and in like manner may be recorded a sufficient descrip-
tion by metes and bounds, courses and distances, of any tract or tracts
or legal division of any public land belonging to the United States,
which may be set apart by the general government for the purpose
before mentioned by an order, patent or other official document or
papers so describing such land.
" SEC. 3. That the said lot or parcel of land, together with the tene-
ments and appurtenances for the purpose before [men]tioned, shall
be exempt from taxation by the State of North Carolina.
" SEC. 4. That nothing herein contained shall be so construed as to
bar or hinder any of the officers of this State from executing any
process or levying an execution within the limits of said tract or par-
cel of land so held and purchased by the government of the United
States, in the same manner as if this act had never been passed."
(Ratified February 10, 1872.)
WILMINGTON NATIONAL CEMETERY.
This reservation contains an area of 5 acres, and is situated at Wil-
mington, in New Hanover County. The title is as follows :
1. Deed from Isaac D. Ryttenberg, dated February 20, 1867, con-
veying 5 acres of land. Recorded in Book C C C, page 22, etc., of the
deed records of New Hanover County.
2. Deed from William A. Wright and wife, dated December 10,
1877, conveying a tract therein described. Recorded in Book N N N,
page 804, etc., of same records.
Jurisdiction was ceded to the United States by the following act
of the State Legislature of January 22, 1875 :
" SECTION 1. The General Assembly of North Carolina do enact,
That it shall be lawful for the government of the United States, or
any person under authority of the same, to purchase a tract, piece or
parcel of land situated near the eastern boundary of the city of Wil-
NORTH DAKOTA. 295
mington, Nortli Carolina, containing five (5) acres, and adjoining
the lands of Benjamin White and others, now occupied
as a National Cemetery ; Provided, Said tract or parcel of land shall
not exceed ten acres.
" SEC. 2. That all deeds, conveyances or other like papers for the
same shall be recorded as in other cases in the office of register of
deeds in which the lands so conveyed may lie, in the same manner and
under the same regulations as other deeds and conveyances are now
recorded, and in like manner may be recorded a sufficient description
by metes and bounds, courses and distances of any tract or tracts or
legal divisions of any public land belonging to the United States,
which may be set apart by the general government for the purpose
before mentioned by an order, patent or other official documents or
papers so describing such land.
" SEC. 3. That the said lot or parcel of land, together with the tene-
ments and appurtenances for the purpose before mentioned, shall be
exempt from taxation by the State of North Carolina.
" SEC. 4. That nothing herein contained shall be so construed as to
bar or hinder any of the officers of this State from executing any
process or levying an execution within the limits of said tract or par-
cel of land so held and purchased by the government of the United
States, in the same manner as if this act had never been passed."
(Eatified January 22, 1875.)
NORTH DAKOTA.
GENERAL ACT OF CESSION.
"Be it enacted etc., Jurisdiction is hereby ceded to the United
States over any tract of land that may hereafter be acquired by the
United States, on wliich to establish a military post ; Provided, legal
process, civil and criminal, of this State shall extend over such reser-
vation or lands acquired by the United States to establish a military
post in all cases in which exclusive jurisdiction is not vested in the
United States, or of crimes not committed within the limits of such
reservation."
(Approved March 19, 1895. Revised Codes of North Dakota,
1905, sec. 4.)
FORT LINCOLN.
This reservation contains a total area of 899.17 acres, including a
target range of 144.27 acres, and is situated near the city of Bis-
marck in Burleigh County. The title is as follows:
Certain public lands reserved from sale and set apart for military
purposes by Executive Orders, dated May 17, 1899, as amended Aug.
31, 1899, June 8, 1901, and January 17, 1907.
Also the following conveyances:
1. Deed from Wm. J. Johnston and wife, dated February 15, 1898.
conveying 35 acres. Recorded in Book 78, page 38, of the record* of
Burleigh County.
2. Deed from Richard B. Mellon and wife, dated June 18, 1898,
conveying 53J acres. Recorded in Book 78, page 70, of same records.
296 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Deed from Thomas Mellon and wife, dated June 18, 1898, con-
veying 80 acres. Eecorded in Book 78, page 83, of same records.
4. Deed from Richard B. Mellon and wife, et al., dated June 18,
1898, conveying 480 acres. Eecorded in Book 78, page 69, of same
records.
5. Deed from F. M. Kinter, Trustee etc., dated January 23, 1899,
conveying 25 acres. Recorded in Book 79, page 332, of same records.
6. Deed from Wm. J. Johnston, dated February 8, 1899, conveying
35 acres. Recorded in Book 51, page 522, of same records.
The following deeds convey the site for target range:
7. Deed from John Harcourt and wife, dated May 26, 1896, con-
veying 80 acres. Recorded in Book 78, page 36, of same records.
8. Deed from William J. Johnston and wife, dated June 12, 1896,
conveying above 80 acres. Recorded in Book 78, page 37, of same
records.
9. Deed from F. M. Kinter, Trustee, dated March 2, 1898, convey-
ing 25 acres. Recorded in Book 79, page 139, of same records.
10. Deed from Samuel E. Kilner, et al., Trustees etc., dated Janu-
ary 31, 1899, conveying 39.37 acres. Recorded in Book 79, page 364,
etc., of same records.
11. Deed from Elizabeth J. Harcourt, dated February 3, 1899,
conveying 80 acres (same tract mentioned in Deed No. 7 herein).
Recorded in Book — , page 523, of same records.
The United States has an easement in the lands lying along a line
extending from the southeast corner of section 15, in a southeasterly
direction through section 23, township 138 north, range 80 west, of
the 5th principal meridian, to Apple Creek, and thence by and with
that creek to the Missouri River, excepting so much thereof as falls
within lots 11 and 13 of section 34, township 138 north, range 80 west,
of the 5 principal meridian ; and lots 2, 3 and 4 of section 10, town-
ship 137 north, range 80 west of the 5 principal meridian, to which
lots the United States has title, the same having been set apart for
military purposes as stated above.
The following deeds convey a right of way for sewer :
1. Deed from Hattie H. Keeney, et al., dated May 3, 1898. Re-
corded in Book 79, page 215, of the records of Burleigh County.
2. Deed from Chas. H. Beers, dated April 13, 1899. Recorded in
Book 79, page 383, etc., of same records.
3. Deed from Fred. P. Hanson, Trustee, dated April 13, 1899. Re-
corded in Book 79, page 387, etc., of same records.
The following deeds convey the right to use and employ Apple
Creek for sewer purposes:
1. Deed from Edwin H. Mc.Henry and Frank G. Bigelow, as
Receivers of the N. P. R. Co., dated December 22, 1897. Recorded
in Book 79, page 141, of same records.
2. Deed from Philias P. Gendreau, dated February 1, 1898. Re-
corded in Book 79, page 213, of same records.
3. Deed from Henry E. Falconer, dated April 26, 1898. Recorded
in Book 79, page 217, of same records.
4. Deed from Hattie H. Keeney, et al., dated May 3, 1898. Re-
corded in Book 79, page 337, etc., of same records.
5. Deed from Frank W. Hanitch, dated May 21, 1898. Recorded
in Book 79, page 219, of same records.
NOKTH DAKOTA. 297
6. Deed from John Yegen, dated June 10, 1898. Recorded in Book
79, page 214, of same records.
7. Deed from Millie G. Thompson and husband, dated June 16,
1898. Recorded in Book 79, page 223, of same records.
8. Deed from Charles A. Swenson, dated June 16, 1898. Recorded
in Book 79, page 211, of same records.
9. Deed from Thomas W. Ashbridge, dated June 18, 1898. Re-
corded in Book 79, page 210, of same records.
10. Deed from Edward M. Paxson, dated June 24, 1898. Recorded
in Book 79, page 220, of same records.
11. Deed from Daniel A. Falconer, dated June 30, 1898. Recorded
in Book 79, page 221, of same records.
12. Deed from Norman Falconer, dated June 30, 1898. Recorded
in Book 79, page 222, of same records.
13. Deed from Germain Chabot, dated July 23, 1898. Recorded
in book 79, page 323, of same records.
14. Deed from Robert Cook, dated July 13, 1898. Recorded in
Book 79, page 225, of same records.
15. Deed from John R. Wilson, dated January 24, 1899. Recorded
in Book 79, page 334, of same records.
16. Deed from Millie G. Thompson and W. H. Thompson, dated
February 4, 1899. Recorded in Book 79, page 341, etc., of same
records.
17. Deed from Chas. H. Beers, dated April 13, 1899. Recorded in
Book 79, page 381, etc., of same records.
18. Deed from Fred. P. Hanson, dated April 13, 1899. Recorded
in Book 79, page 385, etc., of same records.
19. Deed from Cleman Clooten, dated April 15, 1898. Recorded
in Book 79, page 218, of same records.
20. Deed from Thomas Asbridge, dated April 15, 1899. Recorded
in Book 79, page 389, of same records.
21. Deed from John R. Wilson, dated June 16, 1898. Recorded in
Book 79, page 212, of same records.
22. Deed from Henry H. Bentley, dated August 17, 1899. Re-
corded in Book 79, page 480, of same records.
The following deeds convey an easement for 10-inch water main,
for supplying water to the military post :
1. Deed, dated October 25, 1905, from Henry Suttle. Recorded in
book 85, page 333, of Deed Records of Burleigh County.
2. Deed, dated January 31, 1906, from Harriet L. Smith, et al.
Recorded in Book 10, page 629, of same records.
3. Deed, dated March 7, 1906, from Mart B. Koon. Recorded in
Book 85, page 332, of same records.
4. Deed, dated June 8, 1906, from Fred Strauss. Recorded in
Book 84, page 98, of same records.
5. Deed, dated June 9, 1906, from Ellen Freede. Recorded in
Book 84, page 97, of same records.
6. Deed, dated June 9, 1906, from Elizabeth M. Suttle. Recorded
in Book 85, page 387, of same records.
For jurisdiction see General Act of Cession.
Revocable Licenses: License, June 9, 1902, to the Northern Pacific
Railway Company to construct and operate a spur track on the reser-
vation.
298 UNITED STATES MILITARY RESERVATIONS, ETC.
The Bismarck Telephone and Electric Company maintains a tele-
phone line connecting the post with the city of Bismarck by author-
ity of the Quartermaster General, dated December 20, 1902.
License, September 13, 1907, to rector of St. Mary's Church, Bis-
marck, N. D,, to connect school building with Govt. water main.
OHIO.
GENERAL ACT OF CESSION.
" Be it enacted, etc.,
" SECTION 1. That the consent of the state of Ohio is hereby given
in accordance with the seventeenth clause, eighth section, of the first
article of the constitution of the United States, to the acquisition by
the United States, by purchase, condemnation, or otherwise, of any
land in this state required for sites for custom houses, court houses,
post offices, arsenals, or other public buildings whatever, or for any
other purposes of the government.
" SECTION 2. That exclusive jurisdiction in and over any land so
acquired by the United States shall be, and the same is hereby, ceded
to the United States, for all purposes except the service upon such
sites of all civil and criminal process of the courts of this state ; but
the jurisdiction so ceded shall continue no longer than the said
United States shall own such lands.
" SECTION 3. The jurisdiction ceded shall not vest until the United
States shall have acquired the title to the said lands by purchase,
condemnation or otherwise; and so long as the said lands shall re-
main the property of the United States when acquired as aforesaid,
and no longer, the same shall be and continue exempt and exonerated
from all state, county and municipal taxation, assessment or other
charges which may be levied or imposed under the authority of this
state." (Passed May 6, 1902. Laws of Ohio, 1902, p. 368.)
CAMP CHASE CEMETERY.
This reservation, in which Confederate dead are buried, contains
an area of 2^ acres, and is situated near Columbus, in Franklin
County. The purchase was made under authority of an Act of Con-
gress approved February 25, 1879, and the title is as follows :
Deed from William J. Marshall, et al., Executors, etc., dated April
23, 1879, conveying 2J acres of land. Recorded in Vol. 141, page 528,
etc., of the deed records of Franklin County.
For jurisdiction see General Act of Cession.
CEMETERY LOT NEAR CINCINNATI.
This lot contains an area of 0.628 of an acre, and is situated near
Cincinnati, on the site formerly known as Camp Dennison, in Ham-
ilton County. The title is as follows :
Deed from Rebecca E. J. Kugler, dated June 3, 1869, conveying
above tract. Recorded in Book No. 428, page 297, of the deed records
of Hamilton County.
For jurisdiction see General Act of Cession.
OKLAHOMA. 299
COLUMBUS BARRACKS.
This reservation contains an area of about 70 acres, excluding the
lands dedicated for street purposes; and is situated within the cor-
porate limits of the city of Columbus, in Franklin County. See G.
O., No. 92, W. D., May 16, 1906, for metes and bounds. The title is
as follows:
Deed from Robert Neil and wife, dated February 17, 1863, convey-
ing 77 acres 3 roods and 8 perches of land. Recorded in Vol. 76, page
572, etc., of the deed records of Franklin County.
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved March 21, 1863, which reads as follows:
"Whereas, The United States have appropriated money for the
establishment of a national arsenal at Columbus, in the County of
Franklin, and State of Ohio, for the deposit and repair of arms and
other munitions of war, and for other purposes of a public, nature :
" SECTION 1. Be it enacted, etc., That jurisdiction of the lands and
their appurtenances, that have been or may be purchased in said
County of Franklin for the establishment of the aforesaid arsenal,
be and is hereby ceded to the United States of America: Provided,
however, That all civil and criminal process issued under the author-
ity of the State of Ohio, or any officer thereof, may be executed on
said lands and in the buildings that may be erected thereon, in the
same way and manner as if jurisdiction had not been ceded as afore-
said.
" SEC. 2. That the lands above described, with their appurtenances
and all buildings and other property that may be thereon, shall for-
ever hereafter be exempted from all state, county and municipal taxa-
tion and assessment whatever, so long as the same shall remain the
property of the United States of America."
See also General Act of Cession.
Deed, June 4, 1903, dedicating to the City of Columbus the por-
tions of the reservation comprised in the streets and highways border-
ing thereon, pursuant to Joint Resolution of Congress, approved Feb-
ruary 10, 1903.
WOODLAND CEMETERY.
This reservation comprises two lots in the City Cemetery situated
at Cleveland. The title is as follows :
Certificate of Purchase from the City of Cleveland, dated Septem-
ber 25, 1868, conveying Lots 59 and 60, in Section 10, in Woodland
Cemetery. Certificate numbered 1262, signed by C. E. Hill, City
Clerk, and recorded in his office at said City of Cleveland.
For jurisdiction see General Act of Cession.
OKLAHOMA.
FORT GIBSON NATIONAL CEMETERY.
This cemetery was a part of what was called the Fort Gibson Res-
ervation. The original reservation contained 5,541 acres and was
embraced within the lands of the Cherokee Nation, situated on the
east bank of the Neosho River, ceded by Treaties dated February
300 UNITED STATES MILITAKY RESERVATIONS, ETC.
14, 1833, December 29, 1835, and July 19, 18GG. It was declared a
military reservation by Executive Order dated January 25, 1870.
Reservation abandoned and turned over to the Department of the
Interior, excepting a piece of ground 600 feet in length by 500 feet
in width on the Southwest Corner of reservation reserved, it being
the site of the above-named cemetery, by Executive Order dated Feb-
ruary 7, 1891, issued under the provisions of the Act of Congress
approved July 5, 1884, providing for the transfer of reservations to
the Department of the Interior when no longer needed for military
purposes.
MILITIA TARGET RANGE.
This range is situated in Lincoln County, and comprises the south
half of the south half of the northeast quarter of section eight, town-
ship fourteen north, range four east, containing 40 acres. The title
is as follows:
Deed from Neal Brown, et ux., dated March 10, 1909, conveying
entire tract. Recorded in Book 33, page 337, Office of Register of
Deeds, Lincoln County.
FORT RENO.
This reservation contains an area of 9,493 acres, and is situated on
the North Fork of the Canadian River, in Canadian County. The
title is as follows:
Set apart from the public domain by being included within the
limits of the Cheyenne and Arapahoe Indian Reservation, by Execu-
tive Order dated August 10, 1869. It was proclaimed a military
reservation by Executive Order dated July 17, 1883.
Easement:' Right of way to C. R. I. and P. R. R. Co., granted by
Act of January 31, 1900 (G. O. No. 13, A. G. O., 1900).
Revocable Licenses: Licenses January 9, 1891, May 28, 1897, Janu-
ary 10, 1898, and March 8, 1898, to the Choctaw, Oklahoma and Gulf
R. R. Co. (formerly Choctaw Coal and R. R. Co.) covering exten-
sion and operation of its railway on and through the reservation.
License, October 11, 1894, to William Sigismond, jr., to erect, at
his own expense, a small frame building for use as a post office.
License, March 9, 1896, to Charles H. Todd to keep a small livery
stable.
License, March 9, 1896, to Maggy Hawkins, laundress, to reside
upon the reservation.
License, March 18, 1897, to George Washington Lodge No. 13,
Knights of Pythias, to erect a lodge building.
License, September 23, 1897, to Missouri, Kansas and Texas Tele-
phone Co. for telephone line.
License, August 19, 1903, to Topeka and El Reno Telephone Co.
for telephone line.
License, December 5, 1907, to State of Oklahoma for use of rifle
range.
FORT SILL.
This reservation contains an area of about 51,292.82 acres, with
boundaries, except as to tract reserved August 29, 1907, infra, as an-
nounced in G. O. No. 87, War Department, May 8, 1906. It is situ-
OKLAHOMA. 301
ated on Medicine Bluff Creek in Comanche County, on the line of
the Chicago, Rock Island and Pacific Railroad, about six miles north
of Lawton. Reserved from the public domain originally as an In-
dian Reservation for the benefit of the Wichita, Kiowa, Comanche,
and Apache Indians, a tract of 23,040 acres was, by Executive Order
of October 7, 1871, set apart as a military reservation. By Executive
Orders of February 26, 1897 (G. Q. No. 14, A. G. O., March 15, 1897),
September 20, 1901 (G. O. No. 128, A. G. O., September 27, 1901),
and August 29, 1907 (G. O. No. 189, W. D., September 11, 1907), the
reservation was enlarged by the addition of 26,987.30 acres, 893.07
acres, and 372.45 acres, respectively.
Easement: Act of Congress, approved January 31, 1900, author-
ized the Chicago, Rock Island and Pacific Railway Company to con-
struct a railway line through the reservation. Location of right of
way approved by the Secretary of War, August 13, 1900.
Act of Congress approved February 10, 1903 (32 Stat. L., 821),
grants right of way across this reservation to the Oklahoma City and
Western Railroad Company, " upon such line as may be determined
and approved by the Secretary of War." The railroad was located
and built under license of May 14, 1902.
Revocable Licenses: License, September 15, 1890, to the Western
Mail and Stage Company to construct a stable in connection with
carrying on the mail service.
License, October 6, 1890, to Messrs. Rice and Quinette to conduct
a dairy business upon the reservation.
License, August 5, 1898, to J. J. Bailey, mail contractor, to erect a
building on the reservation.
License, June 30, 1902, to Sam Lee to erect a laundry building upon
the reservation.
License, February 18, 1904, to the Lawton, Wichita Mountain and
Western Electric Railway Company to construct, operate and main-
tain an electric railway line on the reservation.
License, July 19, 1906, to The Apache Mission Telephone Co. for
telephone line.
License, May 29, 1907, to the Pioneer Telephone and Telegraph Co.
for telephone line.
License, October 4, 1907, to the city of Lawton, Oklahoma, for
water supply pipe line across reservation.
License, January 20, 1908, to the Wichita Mountain and Oriental
Railway Co. for railway line through reservation.
FORT SILL WATER-SUPPLY RESERVE.
This reservation, containing an area of about 16,420 acres, is situ-
ated within the National Forest Reserve made by Executive Order
of July 4, 1901, and enlarged May 29, 1906, and partly within the
Game Preserve made by Executive Order of June 2, 1905; and was
reserved by Executive Order of December 15, 1909 (G. O. 251, W. D.,
December 24, 1909). As to so much of the lands as is comprised
within the Game Preserve, the reservation for a Game Preserve is
the dominant one; but the use of the lands for forest purposes is
subordinate to their use 'for the conservation of water for the Fort
Sill Military Reservation.
302 UNITED STATES MILITARY RESERVATIONS, ETC.
OREGON.
MILITIA TARGET RANGE.
This range is situated near Roseburg, in Douglas County, and com-
prises an area of 34.18 acres. The title is as follows :
Deed from A. Cresson, et ux., dated June 6, 1907, conveying above
tract. Recorded in Vol. 60, page 528, of the Deed Records of Douglas
County.
SAND ISLAND.
This reservation contains an area of 192.07 acres, according to a
survey made prior to 1877. It is a shifting island, comprising parts
of Sections 14, 23 and 24, in Township 9 North, Range 11 West, of
Willamette Meridian, lying in or near the entrance to the Columbia
River. Taken from the public domain and declared a military reser-
vation by Executive Order dated August 29, 1863.
Jurisdiction was ceded to the United States (as also title) by an act
of the State Legislature approved October 21, 1864, which provides
as follows :
" SECTION 1. There is hereby granted to the United States all right
and interest of the State of Oregon in and to the land in front of Fort
Stevens and Point Adams, situate in this State, and subject to over-
flow between high and low tide, and also the Sand Island, situate at
the mouth of Columbia River, in this State, the said island being
subject to overflow between high and low tide.
" SEC. 2. The Governor of this State shall cause two copies of this
Act to be prepared and certified under the seal of this State, and for-
ward one of such copies to the Secretary of War of the United States,
•and the other of such copies to the commanding officer of this district
of the military department of the Pacific Coast."
Revocable License : License March 25, 1893, to the Columbia River
Protective Union to exhibit three range lights on the island.
Leases to John Service, Chris Hanson, and the Columbia River
Packers' Association, dated April 15, 16 and May 1, 1908, respectively,
for the use of portions of the reservation for fishing purposes.
FORT STEVENS (POINT ADAMS ).
This reservation contains an area, exclusive of accretions, of 924.84
acres, and, as a part of the public domain, was reserved for military
purposes by Executive Order, dated February 26, 1852, and included
within its boundaries fractional sections 5 and 6 and N. -J of sections
7, 8 and 9, in Townships 8 and 10 North, Range 10 West, Willamette
Meridian. Point Adams is at the mouth of the Columbia River, in
Clatsop County, 7 miles from Astoria and 105 miles from Portland.
It is the site of Fort Stevens. Further evidences of title are :
1. Deed from Cyrus Olney and wife, dated August 10, 1863, con-
veying River Lot 5 in Section 5, and NE. J of SE. ^ and River Lots
1 and 2 of Section 6, in Township 8 North, Range 10 West, containing
156.87 acres.
2. Deed from Cyrus Olney, dated February 28, 1870, conveying
same premises.
PENNSYLVANIA. 303
3. Decree of United States District Court May, 1898, establishing
boundaries between reservation and property of V. C. Kindred, over
lands added by accretion.
4. Decree of condemnation in the United States District Court
January 15, 1905, covering 133.20 acres, the property of Susan A.
Hill, Alexander Gilbert and Sarah L. Bird. Decree filed.
5. Order of county court of Clatsop County, September 2, 1908,
vacating streets and alleys with premises acquired by above decree of
January 15, 1905.
For jurisdiction and title to tide lands, see Sand Island.
Revocable Licenses: License, October 7, 1873, to the Treasury De-
partment to build a road through the reservation.
License, March 4, 1874, to the Treasury Department to occupy a
portion of the reservation for a light station and to cut timber for
a corduroy road.
License, February 8, 1877, to the Treasury Department to occupy
and enclose a tract of 40 acres for light-house purposes.
License, February 26, 1891, to the Treasury Department to con-
struct a look-out tower, a telephone line to the life-saving station and
to build covered davits or cranes on the wharf and to permit surfmen
to have free access to the reservation when on duty.
License, March 12, 1906, to Say Toi, to establish and operate a
laundry.
License, February 7, 1907, to the Pacific States Telephone and
Telegraph Company, for telephone line.
PENNSYLVANIA.
GENERAL ACT OF CESSION.
" The jurisdiction of this state is hereby ceded to the United States
of America, over all such pieces or parcels of land not exceeding two
acres in any one township, ward of city or borough, within the limits
of this state, as have been or shall hereafter be selected and acquired
by the United States for the purpose of erecting post offices, custom
houses or other structures, exclusively owned by the general govern-
ment and used for its purposes : Provided, That an accurate descrip-
tion and plan of such lands so acquired, verified by the oath of some
officer of the general government having knowledge of the facts, shall
be filed with the secretary of the commonwealth of this state, as soon
as said United States shall have acquired possession of the same : And
provided further, that this cession is upon the express condition that
the State of Pennsylvania shall so far retain concurrent jurisdiction
with the United States in and over all lands acquired or hereafter
acquired as aforesaid; that all civil and criminal process issued by
any court of competent jurisdiction, or officers having authority of
law to issue such process, and all orders made by such court or judi-
cial officers duly empowered to make such orders, and necessary to be
served on any person, may be executed upon said land and in the
buildings that may be erected thereon, in the same way and manner
as if jurisdiction had not been ceded as aforesaid."
(Approved June 13, 1883.) Amended by Act approved March 17,
1905, so as to make the limit " not exceeding ten acres in any one
township," etc. (Laws of Pennsylvania, 1905, page 45.)
304 UNITED STATES MILITARY RESERVATIONS, ETC.
ALLEGHENY CEMETERY.
(Soldiers' lot.)
This reservation contains an area of 10,272.12 superficial feet of
land, and is known as Lot No. 66 in The Allegheny Cemetery, in the
City of Pittsburg, in Allegheny County. The title is as follows:
Deed from The Allegheny Cemetery (a corporation), dated March
18, 1875, conveying above lot. Recorded December 17, 1875, in Deed
Book, Vol. 354, page 39, of the deed records of Allegheny County.
For jurisdiction see General Act of Cession.
ASHLAND CEMETERY.
(Soldiers' lot.)
This reservation contains 7,740 square feet of ground, and is situ-
ated in "Ashland Cemetery," in the Borough of Carlisle and County
of Cumberland. The title is as follows:
Deed from Valeria M. Penrose, Trustee, etc., dated September 19,
1878, conveying Lots 212 to 265, inclusive, in Section D of D. S.
Ettinger's plan No. 3 of Ashland Cemetery, containing 540 by 16 feet.
Deed given as a substitute for a deed dated in March, 1866, which
was lost.
For jurisdiction see General Act of Cession.
CARLISLE BARRACKS.
This reservation contains an area of about 30 acres and 8 perches
of land, and is situated near the town of Carlisle, in the County of
Cumberland. Purchase of site made by authority of an Act of Con-
gress passed in 1794, and transferred to the Interior Department to
be used as a school for Indian children until required by the War
Department for military purposes, December 22, 1879. The title is
as follows:
Deed from Edmund Physic, Attorney in fact for John Penn and
Richard Penn, dated January 13, 1801, conveying above-described
tract. Recorded in Book O, Vol. 1, page 79, etc., of the deed records
of Cumberland County at Carlisle.
Jurisdiction was ceded by the State of Pennsylvania over addi-
tional land secured by the Interior Department for Agricultural
Purposes, by an act passed February 15, 1901.
Revocable Licenses: License, August 2, 1884, to the Cumberland
Valley Railroad Company by Secretary of Interior, to lay switch on
reservation.
License, March 10, 1908, to Borough of Carlisle for outfall sewer.
CHINA, OR WHITE HALL, CEMETERY.
(Soldiers' lot.)
This reservation contains an area of 1 acre, and is situated on the
northwesterly side of the China Hall Public Road, near Bristol, in
PENNSYLVANIA. 305
the Township of Bristol and County of Bucks. The title is as
follows :
Deed from George Randall and wife, dated August 30, 1864,
conveying 1 acre. Recorded in Deed Book No. 125, page 176J, etc.,
of the deed records of Bucks County.
For jurisdiction see General Act of Cession.
FRANKFORD ARSENAL.
This reservation contains an area of about 62 acres and 38 perches
of land, and is situated in the City of Philadelphia. The title is as
follows :
1. Deed from Frederick Fraley and wife, dated May 27, 1816,
conveying 20 acres and 34 perches of land, with bridge privileges.
Recorded in Deed Book M R, No. 7, page 717, etc., of the deed
records of Philadelphia County.
2. Deed from Robert Kennedy, dated April 8, 1837, conveying 3
acres and 6 perches of land. Recorded in Book S H F, No. 11, page
721, etc., of same records.
3. Deed from William S. Haines and wife, dated December 27,
1849, conveying in the aggregate 38 acres and 158 perches of land.
Recorded in Book G W C, No. 31, page 515, etc., of same records.
Jurisdiction was ceded to the United States by Acts of the State
Legislature approved June 13, 1840, and April 6, 1849, which provide
as follows:
" SEC. 3. That the jurisdiction of the State of Pennsylvania is
hereby ceded to the United States of America for the purpose of
erecting and maintaining thereon Arsenals, Magazines, and other
necessary buildings over all those certain tracts, pieces, or parcels of
land lying and being in the town of Oxford and in the township of
Passyunk in the County of Philadelphia, * * * being bounded
as follows, to wit : [Here describes the lands purchased by the United
States from Frederick Fraley and Robert Kennedy.] The evidence
of the several purchases of the land which is hereby ceded being
recorded in the Office of the Clerk of the County of Philadelphia.
" SEC. 4. The jurisdiction so ceded to the United States of America
is granted upon the express condition that the said State of Pennsyl-
vania shall retain a concurrent jurisdiction with the United States
in and over the tracts of land aforesaid so far as that civil process in
all cases and such criminal process as may issue under the authority
of the State of Pennsylvania against any person or persons charged
with the crimes committed without the said tracts of land may be
executed thereon in the same way and manner as if this jurisdiction
had not been ceded. The United States are to retain such jurisdic-
tion so long as said tract of land shall be used for the purposes
expressed in the foregoing section and no longer." (Act approved
June 13, 1840.)
" 1. Resolved, etc., That the consent of this Legislature be, and
the same is hereby, given for the purchase by the United States of
any lands not exceeding forty acres adjoining the United States
Arsenal at Frankford, in the County of Philadelphia, for the enlarge-
ment of said Arsenal and the erection of further buildings and
16809—10 20
306 UNITED STATES MILITARY RESERVATIONS, ETC.
machinery for such uses as the proper authorities of the United States
may deem proper, and that all the right, title, property, and interest
of this Commonwealth in and to the said land adjoining the United
States Arsenal as aforesaid, together with all the buildings, improve-
ments, houses, forts, arsenals and other needful buildings now on or
to be put on said property shall be and are hereby ceded to and vested
in the United States of America as fully, absolutely, and to the same
extent as this Commonwealth now holds and is entitled to the same :
Provided, That the Commonwealth may reoccupy and repossess the
same as they have occupied and possessed the same heretofore when-
ever the United States of America shall cease to occupy the same for
military purposes as a fort, magazine, arsenal, or with other needful
buildings for the same: And provided, That the jurisdiction over the
said premises in civil and criminal cases be the same as before the
passing of this resolution." (Act approved April 6, 1849.)
Revocable Licenses: License, November 12, 1886, to the Kensing-
ton and Tacony Railroad Company to cross the reservation.
License, October 2, 1889, to the Pennsylvania Company to con-
struct a branch upon the reservation.
GETTYSBURG NATIONAL PARK.
This reservation contains an approximate area, at this date (Janu-
ary 1, 1910), of 2,054 acres. It embraces the most prominent portions
of the lands upon which the battle of Gettysburg was fought on July
1, 2 and 3, 1863, and is situated near the town of Gettysburg, in
Adams County. Steps were taken to preserve the site and mark with
suitable monuments the positions occupied by the Union troops dur-
ing the battle, by Acts and Resolutions of Congress, as follows :
Acts approved March 3, 1873; June 9, 1880; March 3, 1887; August
1, 1888 ; October 2, 1888 ; March 2, 1889 ; March 3, 1893. Resolution
passed June 5, 1894. Acts approved August 18, 1894; February 11,
1895, and June 10, 1896, the Act of February 11, 1895, being "An Act
to establish a National Military Park at Gettysburg, Pennsylvania."
The title to lands so far acquired is as follows :
1. Deed from The Gettysburg Battlefield Memorial Association,
dated February 4, 1896, conveying 124 tracts of land, aggregating
521.77 acres. Recorded in Book X X, page 149, etc., of the deed
records of Adams County.
2. Deed from Heirs of Mary Jane Weikert, dated August 8, 1893,
conveying 41,920 square feet of land. Recorded in Book T T, page
379, etc., of same records.
3. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 420, etc., of same records.
4. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 402, etc., of same records.
5. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 416, etc., of same records.
6. Deed from David Zentz and wife, dated July 14, 1893, convey-
ing 33,495 square feet of land. Recorded in Book T T, page 383, etc.,
of same records.
PENNSYLVANIA. 307
7. Deed from John A. Wolfe and wife, dated July 14, 1893, con-
veying 24,618 square feet of land. Recorded in Book T T, page 393,
etc., of same records.
8. Deed from William H. Heagey and wife, dated July 14, 1893,
conveying 12,065 square feet of land. Recorded in Book T T, page
390, etc., of same records.
9. Deed from William H. Heagey and wife, dated July 14, 1893,
conveying 3.55 acres. Recorded in Book T T, page 391, etc., of same
records.
10. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 53,060 square feet of land. Recorded in
Book T T, page 404, etc., of same records.
11. Deed from Jacob Masonheimer, dated June 27, 1893, conveying
25,800 square feet of land. Recorded in Book T T, page 385, etc.,
of same records.
12. Deed from Isaiah A. Trostle, Attorney in fact, etc., dated June
27, 1893, conveying 88,625 square feet of land. Recorded in Book
T T, page 426, etc., of same records.
13. Deed from Gettysburg Battlefield Memorial Association, dated
July 12, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 400, etc., of same records.
14. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 412, etc., of same records.
15. Deed from Widow and Heirs of John Bender, dated July 10,
1893, conveying 851 square feet of land. Recorded in Book T T,
page 424, etc., of same records.
16. Deed from Samuel M. Bushman, dated June 7, 1893, conveying
12,000 square feet of land. Recorded in Book T T, page 399, etc., of
same records.
17. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 414, etc., of same records.
18. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 406, etc., of same records.
19. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 408, etc., of same records.
20. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 410, etc., of same records.
21. Deed from Gettysburg Battlefield Memorial Association, dated
June 7, 1893, conveying 625 square feet of land. Recorded in Book
T T, page 418, etc., of same records.
22. Deed from John H. Miller and wife, dated June 2, 1893, con-
veying 16,860 square feet of land. Recorded in Book T T, page 422,
etc., of same records.
.23. Deed from Anna L. Young and husband, dated June 7, 1893,
conveying 625 square feet of land. Recorded in Book T T, page 397,
etc., of same records.
24. Deed from George Spangler and wife, dated June 8, 1893,
conveying 625 square feet of land. Recorded in Book T T, page
395, etc., of same records,
308
25. Deed from J. Emory Bair and wife, dated June 27, 1893, con-
veying 625 square feet of land. Recorded in Book T T, page 381,
etc., of same records.
26. Deed from Wellington J. Swope and wife, dated June 28, 1893,
conveying 57,230 square feet of land. Recorded in Book T T, page
388, etc., of same records.
27. Deed from Melchoir Wolf and wife, dated June 28, 1893, con-
veying 10,300 square feet of land. Recorded in Book T T, page 386,
etc., of same records.
28. Deed from Charles F. Starner and Avife, dated November 23,
1893, conveying 5.16 acres of land. Recorded in Book U U, page
148, of same records.
29. Deed from James A. Felix and wife, dated November 24, 1893,
conveying 0.75 acre of land. Recorded in Book U U, page 150, etc.,
of same records.
30. Deed from Agnew Crawford, et al., dated February 5, 1894,
conveying 46 acres and 147 perches of land. Recorded in Book U U,
page 449, etc., of same records.
31. Deed from W. Nelson Flaherty and wife, dated November 13,
1894, conveying 0.55 acre of land. Recorded in Book V V, page 70,
etc., of same records.
32. Deed from Simon J. Codori and wife, dated November 13,
1894, conveying 0.61 acre of land. Recorded in Book V V, page 72,
etc., of same records.
33. Deed from George W. Wolf and wife, dated November 15,
1894, conveying 0.06 acre of land. Recorded in Book V V, page 74,
etc., of same records.
34. Deed from George J. Benner, dated April 2, 1894, conveying
161 acres and 7 perches of land, with reservations. Recorded in
Book U U, page 339, etc., of same records.
35. Deed from Sarah A. C. Plank and husband, dated August 28,
1894, conveying 1.88 acres of land. Recorded in Book U U, page
541, etc., of same records.
36. Deed from J. O. Blocker and wife, dated September 29, 1894,
conveying 7.12 acres of land. Recorded in Book U U, page 579, etc.,
of same records.
37. Deed from L. E. Kumerant and wife, et al., dated March 30,
1895, conveying 0.71 acre of land. Recorded in Book V V, page 347,
etc., of same records.
38. Deed from Maria S. Shultz, dated April 11, 1895, conveying
0.04 acre of land. Recorded in Book V V, page 474, etc., of same
records.
39. Deed 'from John B. McPherson, dated April 30, 1895, convey-
ing 58 acres and 29 perches of land. Recorded in Book V V, page
477, etc., of same records.
40. Deed from Oscar D. McMillan and wife, dated June 15, 1895,
conveying 1.7 acres of land. Recorded in Book V V, page 570, etc.,
of same records.
41. Deed from Calvin Gilbert and wife, dated July 2, 1895, con-
veying 632 square feet of land. Recorded in Book V V, page 564,
etc., of same records.
42. Deed from The Theological Seminary of the General Synod of
the Evangelical Lutheran Church in the United States, dated July
PENNSYLVANIA. 309
18, 1895, conveying 1.68 acres of land. Recorded in Book V V, page
562, etc., of same records.
43. Deed from Selma J. Drum and husband, dated August 13,
1895, conveying 0.1 acre of land. Recorded in Book W W, page 193,
etc., of same record.
44. Deed from James A. Felix and wife, dated September 2, 1895,
conveying 0.048 acre of land. Recorded in Book V V, page 560,
etc., of same records.
45. Deed from Lucinda B. Bushman and husband, dated Septem-
ber 13, 1895, conveying 9.42 acres of land. Recorded in Book W W,
page 167, etc., of same records.
46. Deed from J. Emory Bair and wife, dated October 10, 1895,
conveying 0.11 acre of land. Recorded in Book W W, vol. 39, page
169, etc., of same records.
47. Deed from John B. Whitney, et al., Executors, etc., dated
November 7, 1895, conveying 1,900 square feet of land. Recorded in
Book W W, page 498, etc., of same records.
48. Deed from The Gettysburg Water Company, dated November
16, 1895, conveying 400 square feet of land. Recorded in Book W W,
vol. 49, page 501, etc., of same records.
49. Deed from J. L. Sherfy and wife, dated December 21, 1895,
conveying 400 square feet of land. Recorded in Book W W, page
333, etc., of same records.
50. Deed from The Gettysburg Battlefield Memorial Association,
dated April 8, 1896, conveying 0.31 acre of land. Recorded in Book
X X, page 267, etc., of same records.
51. Deed from Amos Leister and wife, dated May 20, 1896, con-
veying 0.059 acre of land. Recorded in Book X X, page 216, etc.,
of same records.
52. Deed from The Gettysburg and Harrisburg Railway Company,
dated June 5, 1896, conveying 8.42 acres of land. Recorded in Book
X X, page 341, etc., of same records.
53. Deed from William Patterson and wife, dated June 29, 1896,
conveying 1.13 acres of land. Recorded in Book X X, page 302,
etc., of same records.
54. Deed from George F. Basehore and wife, dated August 21,
1896, conveying 0.12 acre of land. Recorded in Book X X, page
425, etc., of same records.
55. Deed from George Spangler and wife, dated October 8, 1897,
conveying 625 square feet of land. Recorded in Book Y Y, page
379, etc., of same records.
56. Deed from Nathaniel Lightner and wife, dated October 22,
1897, conveying 0.012 acre of land less '15 square feet. Recorded in
Book Y Y, page 414, etc., of same records.
57. Deed from Samuel O. Robinson and wife, dated November 13,
1897, conveying 8 acres and 22 perches of land less 25,800 square feet
with reservations. Recorded in Book Z Z, page 55, etc., of same
records.
58. Deed from Samuel M. Bushman, dated December 16, 1897,
conveying 8.964 acres of land. Recorded in Book Z Z, page 53, etc.,
of same records.
59. Deed from Chas. A. Richardson, dated September 6, 1897, con-
veying 400 square feet of land less 100 square feet. Recorded in
Book 58, page 115, of same records.
310 UNITED STATES MILITARY RESERVATIONS, ETC.
60. Deed from the Gettysburg Water Company, dated January 8,
1898, conveying 0.035 acre of land. Recorded in Book Y Y, page
560, of same records.
61. Deed from Calvin Gilbert, dated May 23, 1898, conveying 0.11
acre of land. Recorded in Book Y Y, page 612, etc., of same records.
62. Deed from Lucinda Bender, et al., dated June 21, 1898, con-
veying 0.22 acre. Recorded in Book Y Y, page 614, etc., of same
records.
63. Deed from Alex. W. Little, dated September 20, 1898, convey-
ing 0.18 acre. Recorded in Book Z Z, page 304, of same records.
64. Deed from J. P. S. Tobin, dated October 8, 1898, conveying
2,968 square feet of land. Recorded in Book Z Z, page 311, of same
records.
65. Deed from William Patterson, dated January 19, 1899, convey-
ing 48.3 acres of land. Recorded in Book 53, page 25, etc., of same
records.
66. Deed from Henry Spangler and wife, dated April 11, 1899,
conveying 25.32 acres of land. Recorded in Book 53, page 171, of
same records.
67. Deed from George Trostle, Administrator etc., dated January
26, 1899, conveying 104.3 acres of land. Recorded in Book 53, page
27, etc., of same records.
68. Deed from Samuel M. Bushman, dated June 29, 1899, convey-
ing 17.27 acres of land. Recorded in Book 53, page 286, of same
records.
69. Deed from James E. Swisher, dated November 9, 1899, convey-
ing 22.6 acres of land. Recorded in Book 53, page 453, of same
records.
70. Deed from Edward H. Culp, Administrator etc., dated April
27, 1900, conveying 40.95 acres. Recorded in Book 55, page 14, of
same records.
71. Deed from Win. W. Hafer and wife, dated July 6, 1900, con-
veying 40 acres. Recorded in Book 55, page 130, of same records.
72. Deed from Basil Biggs and wife, dated September 8, 1900,
conveying 48.07 acres of land. Recorded in Book 55, page 111, of
same records.
73. Deed from Peter D. Swisher, dated December 11, 1900, con-
veying 2.42 acres of land. Recorded in Book 55, page 260 etc., of
same records.
74. Deed from Francis A. Althoff and wife, dated December 11,
1900, conveying 12.76 acres of land. Recorded in Book 54, page 476,
of same records.
75. Deed from Peter D. Swisher, dated February 16, 1901, con-
veying 9.2 acres of land. Recorded in Book 55, page 333, of same
records.
76. Deed from Wm. H. Tipton and wife, dated December 31, 1901,
conveying two tracts of land, aggregating 14.2 acres of land. Re-
corded in Book 55, page 524, of same records.
77. Deed from John T. Cox et al., Trustees, dated March 25, 1902,
conveying a slab or memorial to General Zook, standing on land
which the United States holds in fee.
78. Deed from Jeremiah Bender, dated July 22, 1902, conveying
13,061 square feet of land. Recorded in Book 57, page 48, of same
records.
PENNSYLVANIA. 311
79. Deed from John S. Forney, dated July 22, 1902, conveying
0.57 acre. Recorded in Book 57, page 46, of same records.
80. Deed from the Heirs of Amos Leister, dated September 1, 1902,
conveying 0.08 acre. Recorded in Book 57, page 102, of same records.
81. Deed from Benjamin Redding and wife^ dated August 27, 1902,
conveying 10 acres and 91 perches of land. Recorded in Book 57,
page 104, of same records.
82. Deed from John E. C. Miller and wife, dated November 24,
1902, conveying 33^ acres. Recorded in Book 57, page 252, of same
records.
83. Deed from John Rosensteel, dated February 28, 1903, convey-
ing 38 perches of land. Recorded in Book 56, page 515, etc., of same
records.
84. Deed from Emanuel Weikert and wife, dated May 19, 1903,
conveying 2.56 acres of land. Recorded in Book 58, page 149, etc., of
same records.
85. Deed from Martin Winter, dated February 13, 1902, conveying
7 acres, 94.5 perches, more or less. Recorded in Book 56, page 246, of
same records.
86. Deed from Mary Ann Pfeffer, dated May 12, 1903, conveying
10.25 acres. Recorded in Book 58, page 188 etc., of same records.
87. Deed from Sarah A. C. Plank and husband, dated September
23, 1903, conveying 24.3 acres. Recorded in Book 59, page 8, of same
records.
88. Deed from Henry A. Wolf and wife, et al., dated October 7,
1903, conveying 0.6 acre. Recorded in Book 59, page 104, of same
records.
89. Deed from Newton A. Tawney and wife, dated December 19,
1903, conveying .67 acre. Recorded in Book 58, page 537 etc., of
same records.
90. Deed from Calvin P. Krise, dated March 3, 1904, conveying 3
acres, 136 perches. Recorded in Book 58, page 495 etc., of same
records.
91. Deed from George A. Thayer and George W. Morse, surviving
trustees, dated June 9, 1904, conveying site upon which is erected a
monument to the 2nd Massachusetts Infantry, containing 576 square
feet. Recorded in Book 59, page 125, of same records.
92. Deed from E. Layton Trostle and wife, dated June 9, 1904,
conveying 2 acres. Recorded in Book 59, page 134, etc., of same
records.
93. Deed from Andrew J. Smith, dated August 12, 1904, conveying
3.28 acres. Recorded in Book 59, page 171, of same records.
94. Decree of United States Circuit Court, Eastern District of
Pennsylvania, in United States v. Five Tracts of Land; rendered
October 2, 1900, condemning three tracts, aggregating 40.47 acres.
Money paid into court December 21, 1900.
95. Deed from Edward H. Gulp, Administrator, etc., dated Sep-
tember 16, 1904, conveying 7.32 acres. Recorded in Deed Book 59,
pages 217, et seq., of same records.
96. Deed from John S. Forney, dated December 6, 1904, convey-
ing two tracts aggregating 2.25 acres. Recorded in Deed Book 59,
page 319, of same records.
97. Decree of condemnation of 9 acres and 83 perches of land
belonging to Florence and Georgiana Cunningham, Circuit Court
312 UNITED STATES MILITARY RESERVATIONS, ETC.
of the United States, Middle District of Pennsylvania; rendered
December 12, 1904. Money paid into court December 31, 1904.
Deed, dated Sept. 18, 1905, covering same premises. Recorded Book
59, p. 556 et seq., of same records.
98. Deed from Henry O. Fowler, et al., as Receivers of the Gettys-
burg Springs and Hotel Company, dated December 24, 1904, con-
veying 4 certain parcels of land aggregating 36.56 acres. Recorded
in Deed Book 60, pages 22 to 30, of same records.
99. Deed from Robert Sheads, dated June 20, 1905, conveying
0.331 acre. Recorded in Deed Book 59, page 403, of same records.
100. Deed from J. Emory Bair and wife, dated May 13, 1905, con-
veying, in the aggregate, 31.22 acres. Recorded in Deed Book 59,
page 373, of same records.
101. Deed from Mary E. Bridges and husband, et al., dated April
17, 1905, conveying 8.6 acres. Recorded in Deed Book 59, page 375,
et seq., of same records.
102. Decree of Condemnation in United States Circuit Court,
Middle District of Pennsylvania, of 6.59 acres of land, the property
of the James McAllister heirs. Decree rendered May 3, 1905.
Money paid into court June 30, 1905. Deed, dated June 15, 1906,
covering same premises. Recorded in Book 60, p. 587, of same
records.
103. Deed from Henry O. Towles, et al., Receivers of the Gettys-
burg Springs and Hotel Company, dated April 18, 1905, conveying
two parcels of land, aggregating 98.94 acres. Recorded in Deed
Book 60, page 228, et seq., of same records.
104. Deed from Sabina C. Patterson and husband, dated Septem-
ber 20, 1905, conveying 70.01 acres of land. Recorded in Deed Book
60, page 488, of same records.
105. Deed from Howard L. Diehl and wife, dated July 7, 1905,
conveying 11.498 acres. Recorded in Deed Book 59, page 424, of
same records.
106. Deed from J. Emory Bair and wife, dated September 10,
1906, conveying 1.144 acres. Recorded in Deed Book 62, page 40, of
same records.
107. Deed from Francis N. Fronmeyer and wife, dated October 20,
1906, conveying 2.18 acres. Recorded in deed book 61, page 353, of
same records.
108. Deed from J. Emory Bair and John B. McPherson, receivers
of the Gettysburg Springs Hotel Company, dated June 21, 1907, con-
veying 3 tracts, aggregating 360.75 acres. Recorded in deed book
63, page 36, of same records.
109. Deed from Harriet L. Goss, et al., dated August 15, 1907,
conveying 16.6 acres. Recorded in deed book 62, page 103 of same
records.
110. Deeds from Mary L. Heller, and from Morris E. Munshaur
and wife, dated May 18, 1908 and June 27, 1908, respectively, con-
veying 1.87 acres. Recorded, respectively, in deed book 63, page
543, and deed book 64, page 96, of same records.
111. Quit claim deed from the Ehrhart-Conrad Company, a cor-
poration, dated August 5, 1908, of same property. Recorded in deed
book 64, page 93, of same records.
PENNSYLVANIA. 313
112. Deed from A. Winton Grouse and wife, dated February 8,
1908, conveying 1800 square feet. Recorded in deed book 63, page
436 of same records.
113. Quit claim deeds from James Mordy, Ellen Thompson et al.,
Harry A. Eckert et al., Jacob H. Butt et al., county of Adams, to
same "premises dated, respectively: April 2, 1908; August 28, 1908;
March 16, 1908; March 21, 1908, and September 29, 1908. Re-
corded in deed book 64, pages 10, 179, 6, 3 and miscellaneous book,
File B, page 178, respectively.
114. Deed from Pius A. Althoff and wife, dated June 24, 1909, con-
veying 9.39 acres. Recorded in deed book 65, page 347 of same
records.
115. Deed from Maggie A. Wible, et vir, dated September 27, 1909,
conveying two tracts of land aggregating 15.483 acres. Recorded in
Deed Book 65, page 466, of same records.
Consent of supervisors of Cumberland Township to improvement
of Emmitsburg Road, dated August 1, 1907.
License, dated June 11, 1908, to the Theological Seminary of the
General Synod of the Evangelical Lutheran Church, to extend water
main along the east line of Seminary Avenue, to the Chambersburg
Pike.
Jurisdiction was ceded to the United States by acts of the State
Legislature, approved May 7, 1889, and* June 26, 1895, as follows:
" Whereas Legislation is required to enable the United States to
obtain title to property within the Commonwealth of Pennsylvania
for the purpose of erecting monuments or tablets to mark the position
occupied by the several commands of the Army of the United States
engaged at the battle of Gettysburg, and to enable the government of
the United States to properly indicate and mark positions held by
federal and confederate armies during said battle, and for the pres-
ervation, for historical and other purposes, of the said battlefield;
therefore,
" SECTION 1. Be it enacted, etc., That the consent of the Common-
wealth of Pennsylvania is hereby given to the acquisition, by the
United States, of such pieces and tracts of land situated upon and in
the neighborhood of the battlefield of Gettysburg, in the State of
Pennsylvania, as may be selected by the Secretary of War, or such
officer as he may direct, for the purpose of erecting monuments or
tablets for the proper marking of the positions of each of the several
commands of the army of the United States engaged in the battle of
Gettysburg, for opening and constructing roads and avenues, in con-
nection with the positions occupied by the federal or confederate
forces engaged in said battle, for the preservation of the grounds
covered by said battlefield for historical and other purposes, and for
making such other improvements in connection with said battlefield
as the Government of the United States may, from time to time deem
proper. For the purposes aforesaid, the United States shall have,
hold, use, occupy and own said lands, when purchased or acquired,
and exercise jurisdiction and control over the same and every part
thereof, subject to the restrictions hereinafter mentioned.
" SEC. 2. The jurisdiction of the State of Pennsylvania in and over
the said lands, when acquired by the United States, shall be, and the
314
same is hereby, ceded to the United States and shall continue so long
as the said lands shall remain the property of the United States, and
no longer, and the same shall be and continue exonerated from all
taxes, assessments and other charges which may be levied under the
authority of this Commonwealth : Provided, howe ver, That the Com-
monwealth of Pennsylvania shall, and hereby does, retain concurrent
jurisdiction with the United States, in and over said lands, so far
as that all civil process in all cases, and such criminal or other process
as may issue under the authority of the State of Pennsylvania against
any person or persons chargecj with crimes or misdemeanors, com-
mitted within said State, including said lands, may be executed
therein in the same manner as if consent to acquisition had not been
given, or jurisdiction ceded, except so far as such process may affect
the personal or real property of the United States."
(Sections 3 and 4 provide for the condemnation of property where
the United States can not agree with the owner as to price, etc.)
(Act approved May 7, 1889. Laws of Penna. 1889, p. 106.)
" SECTION 1. Be it enacted, etc., That the jurisdiction of this Com-
monwealth is hereby ceded to the United States of America over the
public roads, and parts of the same hereinafter specified and de-
scribed, included within the limits of the National Park at Gettys-
burg, as defined by the act of Congress, entitled 'An act to establish
a National Military Park at Gettysburg, Pennsylvania,' approved
February eleven, one thousand eight hundred and ninety-five, to wit:
" First. That part of the public road known as the Carlisle road,
extending from the borough line of Gettysburg northward by the
various courses of said road five thousand six hundred feet to the
boundary of the aforesaid National Park, as defined in the said act
of Congress.
" Second. That part of the public road known as the Newville or
Bendersville road, extending from its junction with the aforesaid
Carlisle road northwestward two thousand four hundred feet to the
boundary of the aforesaid National Park.
" Third. That part of the public road known as the Harrisburg or
Heidlersburg road, extending from the borough line of Gettysburg
northward by the various courses of said road five thousand two
hundred and fifty feet to the boundary of said National Park.
" Fourth. That part of the public road known as the Hunterstown
road, extending from its junction with the York pike, near Gettys-
burg, northeastward three thousand six hundred and ninety feet to
the boundary of the aforesaid National Park.
" Fifth. That part of the public road known as the Hanover road,
extending from the borough line of Gettysburg at Rock Creek south-
eastward five thousand seven hundred feet to the boundary of said
National Park.
" Sixth. That part of the public road known as the Taneytown
road, extending from the borough line of Gettysburg southward nine
thousand four hundred feet to the boundary of the a f oresaid National
Park.
" Seventh. That public road connecting the Taneytown road and
the Baltimore pike, extending from the Taneytown road at the com-
mon corner of Patterson and Baker's lands on that road eastward by
PENNSYLVANIA. 315
sundry courses four thousand three hundred feet to the Baltimore
pike near McAllister's Hill.
u Eighth. That public roacl known as the Wheatfield road, extend-
ing from its junction with the Taneytown road at Sedgwick Post-
Office westward by sundry courses and crossing the Emmitsburg road
and Confederate Avenue eight thousand five hundred and fifty feet
to the boundary of the aforesaid National Park near the southwest
corner of Martin's Woods.
" Ninth. That part of the public road known as the Emmitsburg
road, extending from the crossing of the Wheatfield road at the Peach
Orchard southwestward "seven thousand eight hundred feet or more
to the boundary of the aforesaid National Park.
" Tenth. That part of the public road known as the Hagerstown
road, extending from the borough line of Gettysburg southwestward
six thousand two hundred feet to the boundary of the aforesaid
National Park.
" Eleventh. That part of the public road known as the Herster's
Mill road, which begins at the Hagerstown road about a furlong west
of Reynolds Avenue, extending thence northwestward by sundry
courses, and crossing Willoughby run, four thousand feet to the
boundary of the aforesaid National Park.
" Twelfth. That part of the public road which begins at the Cham-
bersburg pike at Herr's tavern, extending thence southward two thou-
sand feet to the boundary of the aforesaid National Park.
" Thirteenth. That part of the public road known as the Mummas-
burg road, extending from the borough line of Gettysburg northwest-
ward six thousand three hundred feet to the boundary of the afore-
said National Park.
" Fourteenth. That public road connecting the Mummasburg road
with the Chambersburg pike, beginning at the Mummasburg road on
the summit of Seminary Ridge and extending thence southward by
sundry courses three thousand eight hundred feet, crossing the rail-
road just east of where the Fifty-sixth Pennsylvania regiment fired
the first musket in the battle, to the Chambersburg pike, about a fur-
long from where Reynolds fell: Provided, nevertheless, That this
cession is upon the express condition that the Commonwealth of
Pennsylvania so far retains concurrent jurisdiction with the United
States over said roads and parts of roads above described, as that all
civil and criminal process issued under the authority of this Com-
monwealth may be executed thereon in like manner as if this act had
not been passed: Provided further, That all offenses against the
criminal laws of Pennsylvania upon said roads or parts of roads shall
remain, as before, cognizable in the Courts of this Commonwealth,
but nothing herein contained shall in anywise interfere with the
jurisdiction of the United States over any matter embraced in the
act of Congress establishing said National Park, approved February
eleventh, one thousand eight hundred and ninety-five, nor with any
laws, rules or regulations which have been or may be adopted by the
Government of the United States for the preservation and protection
of its property and rights on said ceded roads and parts of roads, and
proper maintainance of good order thereon."
(Act approved June 20, 1895. Laws of Penna., 1895, p. 371.)
See Appendix, page 464.
316 UNITED STATES MILITARY RESERVATIONS, ETC.
GETTYSBURG NATIONAL CEMETERY.
This reservation contains an area of 17 acres, and is situated at
Gettysburg, in Adams County. The title is as follows :
Deed from David Wills, President of Soldiers' National Cemetery,
for the Soldiers' National Cemetery at Gettysburg, Pa., dated April
18, 1872, conveying said 17 acres of land. Recorded in Book D D,
folio 216, etc., of the deed records of Adams County.
Cession of jurisdiction implied by an act of the State Legislature
giving consent to the acquisition by the United States of said Ceme-
tery property, approved April 14, 1868, which act provides as
follows :
" Whereas, By an act of the Thirty-ninth Congress of the United
States, entitled 'An Act to establish and protect National Cemeteries,'
approved February twenty-second, one thousand eight hundred and
sixty-seven, Congress has adopted a uniform system for the manage-
ment and care of all the soldiers' national cemeteries throughout the
United States, and made provision for their maintainance : therefore,
" SECTION 1. Be it enacted, etc., That the board of commissioners
having charge and care of the Soldiers' National Cemetery at Gettys-
burg, are hereby authorized and empowered to transfer all the right,
title, interest and care of said Soldiers' National Cemetery, upon the
completion of the same, to the government of the United States, the
Commonwealth of Pennsylvania hereby ceding and relinquishing to
the United States all its title to the grounds and property of the said
cemetery, vested in it for the States which participated 'in the estab-
lishment of said National Cemetery; this cession being made upon
the condition that the United States Government take upon itself the
management and care of the said cemetery, and make provision for
its maintainance.
*******
" SEC. 3. That the governor of this Commonwealth is hereby au-
thorized and empowered to do all acts and execute all papers upon
behalf of this Commonwealth, necessary to consummate the cession,
and to cause a copy of this act to be forwarded to the governors of
the several States who have appointed Commissioners, and also to the
board of Commissioners having charge of The Soldiers' National
Cemetery at Gettysburg, and to the President, the Senate and House
of Representatives of the United States."
*******
(Act approved April 14, 1868.)
LAFAYETTE CEMETERY.
(Soldiers' lot.)
This Lot is situated in The LaFayette Cemetery in the City of
Philadelphia, and is known and designated as Lot No. 42, containing
80 square feet of land. The title is as follows :
Deed from Mary Sutherland, et al., to Burton Kollock; Assigned
by Burton Kollock to the Union Volunteer Refreshment Saloon Com-
mittee, and by the latter assigned to the United States, June 7, 1875,
transferring above Lot. Recorded in Book F T W No. 231, page
342, etc., of the deed records of the City and County of Philadelphia.
For jurisdiction see General Act of Cession.
PENNSYLVANIA. 317
LEBANON CEMETERY.
(Soldiers' lot.)
This reservation contains an area of about 4,480 square feet, and is
situated in The Lebanon Cemetery of Philadelphia, in the City of
Philadelphia. The title is as follows :
Deed from Jacob C. White and wife, dated June 1, 1867, conveying
56 Lots in Section D, of The Lebanon Cemetery of Philadelphia,
numbered 195 to 202, inclusive; 211 to 218, inclusive; 227 to 234,
inclusive; 243 to 250, inclusive; 259 to 266, inclusive; 275 to 282,
inclusive; and 291 to 298, inclusive; containing about 4,480 square
feet of land. Recorded in Book J T O No. 60, page 15, etc., of the
deed records of the City and County of Philadelphia.
For jurisdiction see General Act of Cession.
(Soldiers' lot.)
This reservation embraces Lots 1, 2, 3, 4, 5 and 6, in Division B,
Section 14, of Mechanics' Cemetery, and is situated in what was for-
merly Islington Park, in Penn Township, now City of Philadelphia.
The title is as follows:
Deed from The United American Mechanics and United Daughters
of America Cemetery Association, dated October 16, 1874, conveying
the above-described property, with right of way, etc.
For jurisdiction see General Act of Cession.
FORT MIFFLIN.
This reservation is situated in the Delaware River, near League
Island, within the corporate limits of the City of Philadelphia. It
originally contained an area of about 317 acres; but it was reduced
by the sale of 49.707 acres, August 29, 1899, to the International
Navigation Company, under authority of Act of Congress of January
6, 1893. By letters of the Secretary of War, dated July 31, 1895,
June 21, 1898, September 29, 1899, and May 6, 1905, portions of the
remaining lands were transferred to the Navy Department for use
in connection with the Naval Magazine at that place — leaving under
control of the War Department the southerly portion of the reserva-
tion, including Fort Mifflin. The title is as follows :
1. Act of the State Legislature approved April 15, 1795, ceding to
the United States an island in the Delaware River, called "Mud
Island."
2. Deed from the Philadelphia Board of Health, dated August 5,
1808, conveying " The Lazaretto " lands on State Island containing
6 acres 3 roods and 25 perches of land. Recorded in Book E F,
No. 31, page -320, etc., of the deed records of the City and County of
Philadelphia. (Sale authorized, without specifying to whom, by act
of the State Legislature approved February 14, 1801.)
3. Deed from John W. Ashmead and wife, dated March 23, 1851,
conveying 98 acres and 11 perches of land. Recorded in Book
(j W C, No. 91, page 491, etc., of same records.
318 UNITED STATES MILITARY KESERVATIONS, ETC.
Jurisdiction over Mud Island was ceded to the United States by an
act of the State Legislature as cited above, which act is as follows :
" SECTION 1. Be it enacted, etc., That all the right, title, property,
and interest of this Commonwealth in and to the island commonly
called Mud Island, situate in the River Delaware, together with all
the improvements thereon erected, placed, or being, shall be, and
hereby are, ceded to and vested in the United States of America, as
fully, absolutely, and to the same extent, as this Commonwealth now
holds and is entitled in and to the same : Provided Always, Neverthe-
less, That if the said United States shall not accept the same within
one year from the passing of this act, then, and in that case, the ces-
sion hereby made shall be absolutely void, and of no effect: Provided
further, That the State of Pennsylvania may at all times occupy the
said island and fortifications, whenever the same shall not be pos-
sessed by a military force under the United States : And provided fur-
ther, That the jurisdiction of the State of Pennsylvania over the said
island, in civil and criminal cases, be the same as before the passing
of this act." (Act approved April 15, 1795.)
Cessions of jurisdiction over portions of the reservation acquired
subsequently to the cession of Mud Island have not been found.
Revocable Licenses: License, November 5, 1880, to the Treasury
Department to erect a set of range lights on the reservation.
License, November 16, 1882, to the Baltimore and Ohio Telegraph
Company to land cable and erect poles on the reservation.
(Soldiers' lot.)
This reservation contains an area of about 9,040 square feet of land
and is situated in Odd Fellows' Cemetery on north side of Islington
Lane, in Penn Township, now City of Philadelphia. The title is as
follows :
Deed from the Odd Fellows' Cemetery Company of Philadelphia,
dated April 27, 1868, conveying above property. Recorded in Book
J T O No. 151, page 354, etc., of the deed records of the City and
County of Philadelphia.
For jurisdiction see General Act of Cession.
PHILADELPHIA DEPOT OF THE QUARTERMASTER'S DEPARTMENT.
This reservation contains an area of 8 acres 2 roods and 16 perches
of land, and is situated in the City of Philadelphia. The name was
changed from " Schuylkill Arsenal " to " Philadelphia Depot of the
Quartermaster's Department " by G. O. No. 78, W. D., July 25, 1873.
The title is as follows :
Deed from Elizabeth Sober, et al., to Hon. James McHenry, in trust
for the United States, dated July 6, 1799, conveying by description
the above lands. Recorded in Book No. 77, page 516, etc., of the
deed records for the City and County of Philadelphia.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved June 13, 1840, which provides as follows :
" SEC. 3. That the jurisdiction of the State of Pennsylvania is
hereby ceded to the United States of America, for the purpose of
PENNSYLVANIA. 319
erecting and maintaining thereon, arsenals, magazines and other
necessary buildings, over all those certain tracts, pieces, or parcels of
land situate * * * in the County of Philadelphia * * *.
And the description and boundaries of the last-mentioned of the fore-
going tracts, as set forth in the deed executed by Elizabeth Sober et
al. to James McHenry on the 6th day of July, 1799, being as follows,
to wit: [Here describes tract near Schuylkill River, at Grays Ferry.]
The evidences of the several purchases of the land which is hereby
ceded being recorded in the office of the Clerk of the County of
Philadelphia.
" SEC. 4. The jurisdiction so ceded to the United States of Amer-
ica, is granted upon the express condition, that the said State of
Pennsylvania, shall retain a concurrent jurisdiction with the United
States, in and over the tracts of land aforesaid, so far as that civil
process in all cases and such criminal process as may issue under the
authority of the State of Pennsylvania, against any person or per-
sons charged with the crimes committed, without the said tracts of
land, may be executed therein, in the same way and manner, as if
this jurisdiction had not been ceded. The United States are to retain
such jurisdiction so long as said tracts of land shall be used for the
purposes expressed in the foregoing sections and no longer.
Easement: Right of way granted through this reservation to the
Schuylkill River East Side Railroad Co. by Act of Congress, May 1,
1886. Location approved May 21, 1886, and accepted by grantee,
June 8, 1886.
PHILADELPHIA NATIONAL CEMETERY.
This reservation contains an area of 13 acres 1 rood and 11.7
perches of land, and is situated at Germantown, within the corporate
limits of the Citv of Philadelphia, being the west corner of Haines
Street and Limekiln Turnpike Road in Twenty-second Ward of said
City. The title is as follows :
Deed from Henry G. Freeman and wife, dated January 26, 1885,
conveying above tract. Recorded in Book G. G. P., No. 20, page 127,
etc., of the deed records of the City and County of Philadelphia.
For jurisdiction see General Act of Cession.
This reservation was formerly known as the "Allegheny Arsenal ; "
but the arsenal was abolished May 1, 1901, and the name was changed
to " Pittsburg Storage and Supply Depot " by G. O. No. 40, W. D.,
Feb. 24, 1906. It contains an area of about 33 acres, excluding the
tract of about 5 acres which was transferred to the Treasury Depart-
ment June 1, 1904, under Act of Congress, approved March 3, 1903,
for a Marine Hospital Site. It is situated on the east side of the
Allegheny River, in Pittsburg, in Allegheny County. The title is as
follows :
1. Deed from William B. Foster and wife, dated April 29, 1814,
conveying 30 acres of land. Recorded in Book T, page — , of the deed
records of Allegheny County, at Pittsburg, May 2, 1814.
2. Deed from Alba Fisk and wife, dated May 13, 1831, conveying
6.46 acres. Recorded in Book P 2, Vol. 40, page 601, etc., of same
records.
320 UNITED STATES MILITARY RESERVATIONS, ETC.
3. Deed from Anthony Dravo and wife, dated June 8, 1833, con-
veying 1 acre and 0.64 of a perch of land. Recorded in Book V 2,
Vol. 45, page 136, of same records.
4. Deed from William F. Hamilton, et al., dated November 26,
1836, conveying right to water, etc. Recorded in Book C 3a, Vol 52,
page 480, etc., of same records.
5. Deed from Alba Fisk and wife, dated June 6, 1837, conveying
6,886 square feet of land. Recorded in Book D 3, Vol. 53, page 400,
etc., of same records.
6. Deed from Philip Weisenberger, et al., Trustees, etc., dated
April 19, 1867, conveying Lots 1, 2, 3 and 4 of the Borough of Law-
renceville, containing about 10,000 square feet of land. Recorded in
Deed Book, Vol. 218, page 396, of same records.
Jurisdiction was ceded to the United States by acts of the State
Legislature passed March 19, 1816, and February 14, 1845, which acts
provide as follows :
" SECTION 1. Be it enacted, etc., That the consent of the Legislature
of the Commonwealth of Pennsylvania is hereby granted to a pur-
chase, which the United States have lately made from William B.
Foster, of a certain tract of land situate on the Allegheny River,
about two miles above Pittsburg, bounded as follows : [Here describes
land as set out in the Foster deed, supra.] For a military station and
establishment for the ordnance department: Provided, That nothing
herein contained shall extend, or be construed to extend, so as to im-
pede or prevent the execution of any process, civil or criminal, under
the authority of this State." (Act approved March 19, 1816.)
" SECTION 1. Be it enacted, etc., That the assent of the Legislature
of the Commonwealth of Pennsylvania is hereby granted to a pur-
chase made by the United States of certain land from Alba Fisk and
wife on the Thirteenth day of May, Eighteen hundred and thirty-one,
and also to the purchase of certain other land from Anthony Dravo
and wife on the Eighth day of June, Eighteen hundred and thirty-
three, and also to the purchase of certain other land from Alba Fisk
and wife on the Sixth day of June, Eighteen hundred and thirty-
seven, all of which pieces of land are included within the boundaries
of the United States Arsenal near Pittsburg and adjoining the piece
described in the act to which this is an addition, and containing about
Eight Acres, according to the boundaries described in the deeds of
the purchase above mentioned and under like terms and conditions
as are prescribed in the act to which this is an addition.
" SEC. 2. That if at any time hereafter any further or additional
quantity of land shall be purchased by the United States for the use
of said arsenal, this act shall be construed to vest in the United States
jurisdiction over the same to the same extent as it is vested by this
act over the pieces above described." (Approved February 14, 1845.)
Easements: Act of Congress, approved February 14, 1853, granted
a right of way across the reservation to the Allegheny Valley Rail-
road Company. Act of June 23, 1874, provided for the extension of
a line between the existing line and the Allegheny River. Act of
February 28, 1900, granted additional right of way and provided for
a siding within the reservation.
The reservation is bisected by a public paved street called Butler
street, upon which is located a street-car track.
PENNSYLVANIA. 321
Revocable licenses: License, November 19, 1885, to the Philadel-
phia Company to lay a 24-inch pipe through the reservation.
License, June 27, 1887, to the Chartiers Valley Gas Company to
lay a 24-inch pipe through the reservation.
License, March 30, 1901, to the city of Pittsburg to lay a water
main through the reservation.
License, August 9, 1904, to the Pittsburg Natural Gas Company to
lay a 16-inch gas line through the reservation.
License, September 7, 1904, to The Philadelphia Company to main-
tain a line of poles upon the reservation, heretofore placed and main-
tained under permission of the post commander.
Licenses to the Interior Department, dated June 13, July 9, August
15, October 12, 1908, and February 8, 1909, authorizing the occupancy
of certain buildings, and the erection of new ones and certain testing
machines by the Geological Survey in connection with the investiga-
tion relative to prevention of mine disasters, etc.
Lease: February 6, 1907, for five years, of portion to city of Pitts-
burg for park purposes.
PKESQUE ISLE.
This reservation contains an area of about 2,024 acres, and is a
peninsula lying to the northward of and inclosing the bay of Presque
Isle, commanding the entrance to the harbor of Erie, in Erie County.
The title is as follows :
Deed from " The Marine Hospital of Pennsylvania," dated May
25, 1871, conveying the above 2,024 acres of land. Recorded in Book
No. 40, page 634, etc., of the deed records of Erie County.
Consent to the purchase of said land by and jurisdiction ceded to
the United States by acts of the State Legislature approved April
18, 1795, and May 11, 1871, which acts provide as follows:
" SEC. 3. And be it further enacted, etc., That the said Commis-
sioners shall also survey or cause to be surveyed, previously to and
exclusively of the survey of the said town lots and outlets, one lot
of sixty acres on the southern side of the harbor of Presque Isle one
moiety thereof upon the bank, and the other moiety below the bank
comprehending the point at the entrance of the harbor, one lot of
thirty acres on the peninsula, at or near the entrance of the harbor,
and one other lot on the peninsula, to contain one hundred acres, for
the accommodation and use of the United States, in erecting and
maintaining forts, magazines, arsenals and dockyards thereon, and
in such other improvements as the United States may judge proper to
make for their advantage and convenience; and the situations and
forms of the said three lots shall be chosen and fixed with a special
reference to the uses aforesaid by the said Commissioners, and the
engineer who shall be employed by the United States, if any such
shall be appointed and shall attend for that purpose; and the said
Commissioners shall with all convenient despatch, return and file in
the office of the Secretary of the Commonwealth, a draft of the loca-
tion and survey of the said three last-mentioned lots, and the said
draft being approved by the Governor, and recorded by the Secre-
tary, shall be deposited in the office of the Surveyor-General, and it
shall be lawful for the United States at any time thereafter to take
16809—10 21
322 UNITED STATES MILITARY RESERVATIONS, ETC.
possession of and occupy the said three last-mentioned lots, and
thereon to erect, establish and maintain all necessary forts, maga-
zines, arsenals and dockyards, and to make such other improvements
thereon, as they may judge proper, and the same to continue to pos-
sess, occupy and hold so long as they shall deem it expedient to main-
tain and shall actually maintain a fort, garrison or other military
establishment at or near Presque Isle and no longer: Provided,
Always, That if the Mill seats on the creek running near the ruins
of the old French fort should fall within the cessions hereby made to
the United States, the same shall nevertheless be, and hereby are,
reserved for the use of this State with the right of erecting mills
thereon, but no buildings, mills excepted, shall be erected within six
hundred yards of the centre of any fort which shall be erected by
the United States, on either of the lots ceded to them as aforesaid:
Provided also, That it shall be lawful to lay out and open convenient
roads through such parts of the said three lots as the reasonable ac-
commodation of the State or its citizens may require without injury
to the United States, with respect to the object of the cession; and it
is the express intent and meaning of this act, that nothing herein con-
tained shall be deemed, construed, or in any wise taken to cede and
transfer unto the United States the jurisdiction or right of soil in
and to the said three last-mentioned lots, but only the occupancy and
use thereof for the purposes aforesaid." (Act approved April 18,
1795.)
"SECTION 1. Be it enacted, etc., That the sum of thirty thousand
dollars is hereby appropriated to the Marine Hospital at Erie, for the
purpose of fitting the building for the reception of patients and pay-
ing the debt of the corporation, but only on the condition that the said
Marine Hospital Corporation shall reconvey to the State of Pennsyl-
vania, by good and sufficient deeds, to be approved by the Attorney-
General, all lands in any granted to said Marine Hospital by its act of
incorporation, approved March twenty-second, Anno Domini, one
thousand eight hundred and sixty-seven, and the buildings now
thereon,' with the appurtenances, to be held by the State for the uses
and purposes defined in said act incorporating the Marine Hospital
at Erie, and on the further condition that said Marine Hospital Cor-
poration shall convey to the United States of America all title it may
have to the Peninsula of Presque Isle, obtained from the State of
Pennsylvania by act of February fourth, Anno Domini, one thousand
eight hundred and sixty-nine, entitled 'A supplement to an act incor-
porating the Marine Hospital at Erie,' to be held by said United
States as near as ma}^ be, in its present condition, and only for the
purposes of national defence and for the protection of the harbor of
Erie, but in all other respects to be subject to the civil and criminal
jurisdiction of the State of Pennsylvania; and the consent of the
State of Pennsylvania is hereby given to such transfer of title, only
for the purposes and under the limitations hereinbefore mentioned."
* * * (Act approved May 11, 1871.)
The deed from " The Marine Hospital of Pennsylvania " was ac-
cepted under the following Act of Congress :
"Be it enacted, etc., That the Secretary of War be, and he is hereby,
authorized and empowered to receive and accept from 'The Marine
Hospital of Pennsylvania,' a corporation duly incorporated by the
PHILIPPINE ISLANDS. 323
Commonwealth of Pennsylvania, the title to a piece or parcel of land,
being the peninsula lying to the northward of and inclosing the bay
of Presque Isle, and containing two thousand and twenty-four acres,
more or less, to be held by the Government of the United States for
the protection of the harbor of Erie: Provided, That the deed con-
veying the same shall not be received or accepted until the title to the
same is complete and indefeasible, nor unless the acceptance thereof
shall be recommended by a board of officers of the corps of engineers
appointed by the President." (Approved May 27, 1872. 17 Stat.
L., 162.)
Easement: Act of Congress, approved February 23, 1893, author-
ized the Commissioner of Water Works of the city of Erie to extend
the intake pipe across the Bay of Presque Isle to the peninsula, and
thence across the lands of the United States into Lake Erie.
Revocable .lease, July 8, 1905, for five years, of one acre to Erie
Yacht Club of Erie, Pennsylvania, to be used for storing yachts.
PROSPECT HILL CEMETERY.
(Soldiers' Lot.)
This reservation is known as Lot No. 689, Section A, in Prospect
Hill Cemetery. It is situated about one-fourth of a mile north of the
borough of York, on the west side of the Harrisburg Turnpike road,
in York County.
The title is evidenced by a certificate issued under the seal of the
Trustees of the Prospect Hill Cemetery, signed by William A. Wilt,
President, and W. Butzel, Secretary, a copy of which is on file in the
office of the Judge-Advocate-General at Washington, D. C.
PHILIPPINE ISLANDS.
BATAN ISLAND.
This reservation contains an area of about 25 square miles, and is
situated on Batan Island, which lies off the coast of Luzon, at longi-
tude 124° east, and between 13° 10' and 13° 20' north latitude.
It was reserved from the public lands by Executive Order, dated
March 10, 1906, made pursuant to Section 12 of the Act of Congress,
approved July 1, 1902 (32 Stat. L., 691). (G. O. No. 60, War Dept.,
March 23, 1906.)
By Executive Order of August 14, 1908 (G. O. 142, W. D., Sep-
tember 1, 1908), all submerged areas, reefs, and rocks within 1,000
yards of the shore and fronting this reservation, were added thereto.
By Executive Order of July 1, 1909 (G. O. 145, W. D., July 16,
1909), Mango Island and Nagtagan Islands, lying in Cacraray Pass
between Batan and Cacraray Islands, were added to the military res-
ervations on Batan and Cacraray Islands.
BILIRAN ISLAND.
This reservation contains an area of 6,632.3 hectares, more or less,
and is situated on the Island of Biliran, Philippine Islands. Pur-
324 UNITED STATES MILITARY RESERVATIONS, ETC.
suant to Section 12 of the Act of Congress of July 1, 1902 (32 Stat,
L., 691), it was reserved, subject to private rights, by Executive Or-
der of May 13, 1908. (G. O. 92, W. D., May 26, 1908.)
BONGAO.
This reservation comprises all the public lands on the entire island
of Bongao, situated in the western part of the Tawi-Tawi group.
Pursuant to Section 12, of Act of Congress, approved July 1, 1902,
(32 Statutes at Large, 691), it was reserved for military purposes,
subject to private rights, by Executive Order, dated September 1,
1903. (G. O. No. 34, War Dept, Oct. 13, 1903.)
CACRARAY.
This reservation contains an area of about 550 acres (about 222.58
hectares), and is situated in the Island of Cacraray, Allmy Province.
It was reserved from the public lands, pursuant to Section 12 of
the Act of Congress, approved July 1, 1902 (32 Stat. L., 691), by
Executive Order, dated March 10, 1906. (G. O. No. 60, War Dept.,
March 23, 1906.)
By Executive Order of August 14, 1908 (G. O. 142, W. D., Sep-
tember 1, 1908), all submerged areas, reefs, and rocks within 1,000
yards of the shore and fronting this reservation, were added thereto.
For Mango and Nagtagan Islands, see Batan.
CAMP BUMPUS.
This reservation is situated at Tacloban, island of Leyte. Pur-
suant to Section 12, of Act of Congress, approved July 1, 1902, (32
Statutes at Large, 691), it was reserved for military purposes, sub-
ject to private rights, by Executive Order, dated September 1, 1903.
(G. O. No. 34, War Dept., Oct. 13, 1903.)
This reservation is nearly covered by private claims.
CAMP CONNELL.
This reservation contains an area of 316.75 acres (about 128.19
hectares), with metes and bounds as announced in G. O. 201, W. D.,
September 27, 1907. It is situated near Calbayog, Island of Samar.
Pursuant to Section 12 of the Act of Congress, approved July 1,
1902 (32 Stat. L., 691), it was reserved for military purposes, sub-
ject to private rights, by Executive Order, dated September 1, 1903.
(G. O. 34, W. D., Oct. 13, 1903.)
CAMP DOWNES.
This reservation contains an approximate area of 119.8 acres (about
48.48 hectares), with metes and bounds as described in G. O. 93,
W. D., April 18, 1907. It is situated at Ormoc, Island of Leyte.
Pursuant to Section 12 of the Act of Congress, approved July 1, 1902
PHILIPPINE ISLANDS. 325
(32 Stat. L., 691), it was reserved for military purposes, subject to
private rights, by Executive Order dated September 1, 1903. (G. O.
93, W. D., April 18, 1907.)
Transfer Certificates of title, numbers 10 and 11, covering about
19.736 hectares (48.77 acres), comprised within the area reserved, and
acquired from Pablo Tan. Original certificates on file in the Office
of the Kegistrar of Titles, Tacloban, Leyte, P. I.
CAMP ELDRIDGE.
This reservation is situated at Los Banos, Province of Laguna,
Island of Luzon. Pursuant to Section 12, of Act of Congress, ap-
proved July 1, 1902 (32 Stat. L., 691), a tract of 68.35 acres was re-
served for military purposes, subject to private rights, by Executive
Order, dated September 1, 1903. (G. O. No. 34, War Dept, Oct. 13,
1903.)
Private tracts within the reservation have been acquired as follows :
Transfer certificate No. 7, dated July 3, 1908, covering the purchase
of 3,074.95 square meters, from W. H. Steinman.
Transfer certificate No. 9, dated July 27, 1908, covering the pur-
chase of 11,410 square meters from Don. Nicacio Villegas.
By Executive Order, dated December 6, 1904 (G. O. No. 188, War
Dept., December 14, 1904), the former order was modified so as to
reserve, subject to the rights specified therein, a large additional
tract of public land. Area not given.
CAMP GREGG.
This reservation contains an area of 791.27 acres (about 320.22
hectares), and is situated at Bayambang, Province of Pangasinan,
Island of Luzon. Pursuant to Section 12 of Act of Congress, ap-
proved July 1, 1902 (32 Statutes at Large, 691), it was reserved for
military purposes, subject to private rights, by Executive Order,
dated September 1, 1903. (G. O. No. 34, War Dept., Oct. 13, 1903.)
CAMP JOHN HAY.
This reservation contains an area of about 1,433 acres (about
579.92 hectares), and is situated at Baguio, Province of Benguet,
Island of Luzon. Pursuant to Section 12, of Act of Congress, ap-
proved July 1, 1902 (32 Statutes at Large, 691), a tract of 535.63
acres wTas reserved for military purposes, subject to private rights,
by Executive Order, dated October 11, 1903. (G. O. No. 48, War
Dept., Nov. 3, 1903.) By Executive Order of January 23, 1907, the
reservation was enlarged to include the present area. (G. O. No. 22,
War Dept., January 30, 1907.)
CAMP JOSSMAN.
This reservation comprises three tracts near the town of Buena
Vista, island of Guimaras, aggregating 1,846.9213 hectares, with
metes and bounds as given in G. O. No. 240, W. D., December 2, 1909.
326 UNITED STATES MILITARY RESERVATIONS, ETC.
Pursuant to Section 12 of Act of Congress, approved July 1, 1902
(32 Statutes at Large, 691), it was reserved for military purposes,
subject to private rights, by Executive Orders, dated September 1,
1903 (G. O. No. 34, War Dept, Oct. 13, 1903), and November 22,
1909 (G. O. No. 240, W. D., December 2, 1909).
CAMP KEITHLEY.
This reservation, formerly called " Camp Marahui," is situated on
the Island of Mindanao, and contains approximately 17,076 acres
(about 6,910.45 hectares), with metes and bounds as given in G. O.
205, W. D., October 3, 1907.
Pursuant to Section 12 of the Act of Congress, approved July 1,
1902 (32 Stat. L., 691), a tract of about 2,388 acres was reserved,
subject to private rights, by Executive Order, dated January 19,
1905 (G. O. 12, W. D., January 28, 1905) ; and by Executive Order,
dated September 26, 1907 (G. O. 205, W. D., October 3, 1907), the
reservation was modified so as to reserve, subject to private rights,
all lands within the present limits.
CAMP McGRATH.
This reservation contains an area of 175 acres (about 70.82 hec-
tares) , in Batangas Province, Island of Luzon. Pursuant to Section
12 of Act of Congress, approved July 1, 1902 (32 Statutes at Large,
691), it was reserved for military purposes, subject to private rights,
by Executive Order, dated September 1, 1903. (G. O. No. 34, W.
Dept., Oct. 13, 1903.)
CAMP OVERTON.
This reservation is situated at Nonucan, about 3 miles west of
Iligan, Province of Misamis, Island of Mindanao. By Executive
Order, dated July 11, 1903 (G. O. 112, A. G. O., July 31, 1903), a
tract of land was reserved, subject to private rights; and by Execu-
tive Order of December 1, 1908 (G. O. 200, W. D., December 10,
1908), the reservation was enlarged by the addition thereto of land
for a target range. The metes and bounds are given in the last-
mentioned order.
CAMP STOTSENBERG.
This reservation contains an area of 61,110 hectares (about 151,005.5
acres), and is situated near Angeles, Province of Pampanga, Island
of Luzon. Pursuant to Section 12 of Act of Congress, approved July
1, 1902 (32 Stat. L., 691), a tract of 3,103.47 hectares (about 7,668.8
acres) was reserved for military purposes, subject to private rights,
by Executive Order dated September 1, 1903 (G. O. 34, W. D.,
October 13, 1903). The reservation was enlarged by Executive Order
of April 30, 1908 (G. O. 88, W. D., May 18, 1908), by the reservation,
subject to private rights, of an additional tract comprising, exclusive
of excepted parcels, an area of 58,006.5 hectares (about 143,336.7
acres) .
CAMP WALLACE.
This reservation contains an area of 481 acres (about 194.65 hec-
tares), and is situated near San Fernando, Province of Union, Island
PHILIPPINE ISLANDS. 327
of Luzon. Pursuant to Section 12, of Act of Congress, approved
July 1, 1902 (32 Statutes at Large, 691), it was reserved for military
purposes, subject to private rights, by Executive Order, dated Sep-
tember 1, 1903. (G. O. No. 34, War Dept., Oct. 13, 1903.)
CAMP WILHELM.
This reservation comprises an area of 153.33 acres (about 62.05
hectares), and is situated at Lucena, Province of Tayabas, Island of
Luzon. Pursuant to Section 12 of the Act of Congress, approved
July 1, 1902 (32 Stat. L., 691), it was reserved for military purposes,
subject to private rights, by Executive Order, dated September 1,
1903 (G. O. 34, W. D., October 13, 1903).
The entire reservation is understood to be private property, and is
under lease to the War Department, renewable annually.
DARAGA.
This reservation, composed of two parts: (1) the Main Reserva-
tion, containing an area of 308.508 acres, more or less; and (2) a
detached portion, containing an area of 10.314 acres, more or less
(total area, approximately 318.822 acres or 129.02 hectares), is sit-
uated near Daraga, Albay Province.
Pursuant to Section 12 of the Act of Congress^ approved July 1,
1902 (32 Stat. L., 691), it was reserved from the public lands by
Executive Order, dated November 10, 1904. (G. O. No. 177, War
Dept., November 21, 1904.)
FORT DRUM. (See Manila Bay.)
FORT FRANK. (See Manila Bay.)
JOLO.
These reservations contain an aggregate area of about 426.5 acres
(about 172.60 hectares), and are situated at Jolo, island of Jolo.
They were made by the following orders, viz :
1. Executive Order of November 10, 1904 (G. O. No. 177, War
Dept., November 21, 1904) :
a. Main reservation, containing 339.7 acres, and
b. Fort Asturias (Princesa de Asturias), containing 58.42 acres.
2. Executive Order of May 17, 1905 (G. O. No. 76, War Dept.,
May 25, 1905) :
a. Tract "A", addition to main reservation, containing about 15.8
acres ;
b. Tract " B ", same, containing about 5.25 acres ;
c. Tract " C ", containing about 5.68 acres ;
d. Tract "D" (Post Hospital) ; area 26,715 square feet;
e. Tract " E " (Officers' Club Building) ; area 18,972 sq. ft.
f. Tract "F" (Ice Plant) ; area 7,941.24 square feet;
g. Tract "G" (Quartermaster Shop and Blacksmith Shop) ; area
3,888.9 square feet ;
h. Tract "H" (Boat House) ; area 4,044.3 square feet;
i. Tract "I" (Blockhouse) ; area 6,289.84 square feet.
328 UNITED STATES MILITARY RESERVATIONS, ETC.
The following tracts in the municipality of Jolo were acquired
as addition to the reservation :
1. A parcel of 432.91 square hectares, under Transfer Certificate
No. 19, dated December 13, 1906, Office of Register of Moro Province ;
purchased from Leopoldo Canizares Tiana.
2. A parcel of 344.95 square meters, with buildings thereon, under
Transfer Certificate No. 24, dated January 29, 1909, Office of Register
of Moro Province; acquired from same person.
Certain tracts situated within the limits of the lands reserved for
military purposes were acquired from private claimants, as follows:
1. A tract of about 15 acres (7.8132 hectares), under Transfer Cer-
tificate No. 21, dated January 10, 1907; purchased from Eduardo
Schuck.
2. A tract of about 4.901 hectares, situated within the limits of
Fort Asturias, supra, by Transfer Certificate No. 23, dated January
14, 1907; purchased from Clara Atilana Asing, widow, and as
guardian.
FORT HUGHES. (/See Manila Bay.)
MALABANG.
This reservation is situated at Malabang, Province of Cotabato, on
Illana Bay, Island of Mindanao. It was reserved for military pur-
poses from the public domain by Executive Order, dated May 29,
1903 (G. O. No. 86, Headquarters of the Army, A. G. O., June 19,
1903), and contained an area of about 2800 acres. The description of
the said reservation was amended by Order of December 22, 1904
(G. O. No. 193, War Dept., December 22, 1904) ; and by Executive
Order of July 21, 1906 (G. O. No. 138, War Dept., July 30, 1906),
was modified so as to exclude certain premises for the municipality
of Malabang. Area of the premises so excluded not given.
MANILA.
The following reservations at the city of Manila, Luzon, were made
by Executive Order, dated May 17, 1905 (G. O. No. 77, War Dept.,
May 27, 1905), pursuant to the provisions of Section 12 of Act of
Congress, approved July 1, 1902 (32 Stat. L., 691) :
1. The Cuartel Meisic, in three parcels, as follows :
a. Parcel 1 ; area about 5.935 acres.
b. Parcel 2 ; area about 0.337 acre.
c. Parcel 3; area about 0.885 acre;
2. The Estado Mayor ; area about 2.565 acres.
3. Malate Barracks (Cuartel Malate) ; two parcels:
a. Parcel "A"; area about 3.126 acres;
b. Parcel " B " ; area about 4.197 acres. Modified by Executive
Order of November 2, 1908 (G. O. 181, W. D., November 16,
1908) so as to include 19,387.19 square meters.
4. Fort Santiago (including the lands reserved for an ordnance
depot by Executive Order of June 29, 1904 (G. O. No. 125, War
Dept,, July 20, 1904), comprising an area of 11.696 acres.
PHILIPPINE ISLANDS. 329
5. By Executive Order, dated August 29, 1905 (G. O. No. 184, War
Dept., November 2, 1905), certain parcels of reclaimed harbor land at
the city of Manila, Luzon, were reserved for military purposes, pur-
suant to section 12 of the Act of Congress, approved July 1, 1902 (32
Stat. L., 691), as follows:
Parcel " D ",
Parcels "A" and " C " and included strip of land ;
Parcel " B " and adjacent tracts. Areas not given.
MANILA BAY.
These reservations consist of — (1) the Mariveles reservation on the
north side of the entrance to Manila Bay; (2) the Calumpan Point
reservation on the south side of said entrance; and (3) a number of
islands and detached rocks lying between the twro. Being a part of
the public domain, they were set apart and reserved for military pur-
poses by Executive Order, dated April 11, 1902 (G. O. No. 38, Head-
quarters of the Army, A. G. O., April 17, 1902). The areas orig-
inallv reserved (aggregating about 180 square miles) were reduced
by Executive Order of March 14, 1904 (G. O. No. 56, War Dept.,
March 25, 1904), so as to reserve under Section 12 of the Act of Con-
gress, approved July 1, 1902 (32 Stat. L., 691), the following lands:
1. Mariveles Reservation; area 6,173 acres, more or less.
(By Executive Order of June 7, 1907 (G. O. 135, W. D., June
18, 1907), this reservation was modified so as to exclude
therefrom a small parcel claimed by the Manila Navigation
Company.)
2. Calumpan Point Reservation; area 5,260 acres, more or less;
3. The Islands of-
Corregidor (Fort Mills}, area 1,734.74 acres;
(A tract of land within this reservation, having an area of
14,154 square meters, was purchased from Felicinao Basa
and wife, and is covered by Transfer Certificate No. 6, dated
August 28, 1907).
Pulo Caballo (Fort Hughes}, area 75.45 acres;
Carabao (Fort Frank}, area 44.5 acres;
La Monja, area 1.6 acres;
El Fraile (Fort Drum}, area 0.80 acre;
Sta. Amalia (off northwest coast of Corregidor) 0.47 acre, and
Rock (off southeast point of Corregidor and north of Pulo
Caballo) 0.475 acre.
A survey having been made of the Mariveles reservation, its area
(as given above) together with a description by metes and bounds;
and the area of the islands composing reservation No. 3, supra, as
indicated, were published in G. O. No. 147, War Dept., September 8,
1904.
FORT MILLS. (See Manila Bay.)
f
PARANG.
This reservation contains an area of about 2,572.2 hectares, or 6,356
acres; with metes and bounds as given in G. O. 68, W. D., April 10,
1909. Pursuant to Section 12 of the Act of Congress, approved
330 UNITED STATES MILITARY RESERVATIONS, ETC.
July 1, 1902 (32 Stat. L., 691), an area of about 1,159 acres was re-
served for military purposes by Executive Order, dated February
15, 1904 (G. O. 43, W. D., March 4, 1904). The reservation was
enlarged to the present area, subject to private rights, by Executive
Order of March 30, 1909 (G. O. 68, W. D., April 10, 1909).
Transfer Certificate of title, No. 18, dated June 13, 1907, covering
about 1,600 square meters, acquired from Eugenio Gepte. Original
certificate on file in the Office of the Registrar of Titles, Moro Prov-
ince, P. I.
PASAY.
This reservation, having an area of about 96.643 acres, is situated
at Pasay, Rizal Province, Luzon.
It was reserved for military purposes, subject to private rights,
from the public lands by Executive Order, dated June 20, 1904, pur-
suant to the provisions of Section 12 of Act of Congress, approved
July 1, 1902 (32 Stat. L., 691). (G. O. No. 116, War Dept., June 27,
1904.)
FORT SAN PEDRO.
This reservation is situated near Iloilo, Island of Panay. Pursuant
to Section 12, Act of Congress, approved July 1, 1902 (32 Stat. L.,
691), it was reserved for military purposes, subject to private rights,
by Executive Order, dated October 11, 1903 (G. O. No. 43, War
Department, October 27, 1903) ; modified by Executive Order of
September 18, 1905 (G. O. No. 161, War Dept., September 30, 1905),
and further modified, so as to exclude therefrom the parcel of land
reserved for light-house purposes by order of the Civil Governor of
the Philippine Islands, dated July 28, 1903 (Executive Order, No.
60, Manila, July 28, 1903), and erroneously included therein, by Ex-
ecutive Order of .October 3, 1906 (G. O. No. 173, War Dept., October
12, 1906).
The following lands within the reservation were acquired from
private parties :
1. A tract of 6400 square meters, under Transfer Certificate No. 45,
Office of the Register, Province of Iloilo, on the northeast side of
Calle Rosario.
2. A tract of 6480 square meters, under Transfer Certificate No. 46,
Office of the Register, Province of Iloilo, on the southwest side of
Calle Rosario.
3. Transfer certificate No. 49, dated January 4, 1908, covering
three parcels, together comprising one tract, containing 1,085.70
square meters; situated at the southeast corner of Duran and Rosario
streets.
SIASSI.
This site consists of a military reservation, a right of way for a pipe
line, 100 feet wide and 9,811 feet long, and a reservation for a water-
shed. It is situated at Siassi, Island of Siassi, one of the Tapul
Group. A part of the public domain, it was set apart for military
purposes by Executive Order, dated September 22, 1903. (G. O.
No. 31, War Dept., Oct. 9, 1903.)
PHILIPPINE ISLANDS. 331
SUBIG BAY.
By Executive Order, dated May 1, 1905 (G. O. No. 73, War Dept.,
May 19, 1905), pursuant to Section 12 of Act of Congress, approved
July 1, 1902 (32 Stat. L., 691), the following reservations for mili-
tary purposes, subject to private rights, were made from the public
lands in the Island of Luzon :
1. Reservation on the east side of the entrance to Subig Bay, in the
Province of Bataan; area 7,593.057 acres;
2. Reservation on the west side of the entrance to Subig Bay, in the
Province of Zambales ; area 8,754.66 acres ;
3. Grande Island (Fort Wint) , at the entrance to Subig Bay, and
lying between the two preceding reservations ; area about 95 acres.
The military reservation at Grande Island was enlarged by Execu-
tive Order of March 30, 1907 (G. O. 81, W. D., April 9, 1907), so as
to include outlying rocks, shoals, and islands within one mile of the
lowT-water line.
WARWICK BARRACKS.
This reservation comprises two tracts at Cebu, Island of Cebu,
embracing the fort at that place, and the Cuartel de Infanteria and
the corral, with metes and bounds as announced in G. O. 160, W. D.,
August 2, 1909.
Pursuant to Section 12 of the Act of Congress, approved July 1,
1902 (32 Stat. L., 691), it was reserved for military purposes, subject
to private rights, by Executive Order, dated September 1, 1903 (G. O.
34, W. D., October 13, 1903).
Under orders of the Navy Department, dated April 24, 1905, and
May 3, 1905, the custody and control of the naval reservation at
Cebu, Island of Cebu, declared by Executive Order, dated June 19,
1903 (G. O. No. 132, Navy Department, June 24, 1903), was, on July
5, 1905, formally transferred to the War Department for military
purposes (excepting the present site of the Navy coal pile). Land,
so acquired, announced as an addition to the fort reservation by
G. O. No. 157, War Dept., Sept. 22, 1905.
FORT WILLIAM McKINLEY.
This reservation contains an area of 3255.47 hectares, or 8044.77
acres ; and is situated southeast of the City of Manila, near the town
of Guadaloupe, in the Province of Rizal. The title is as follows:
1. Deed from Jose Clavet to the United States, dated August 5,
1902, conveying 728.72 hectares, or 1801.07 acres. The original deed
is numbered 4'o of the protocol of the public instruments, in Notary's
Office of Enrique Barrera y Caldes, a Notary Public of the city of
Manila, for the year 1902.
2. Quitclaim deed, 1902, from Juana Maysilang, et al. (164 signa-
tures) , to premises covered by Clavet conveyance, supra.
3. A tract of land, formerly known as the " Hacienda of Nari-
caban," composed of 4 parcels, aggregating 2526.75 hectares, or
6243.7 acres, was purchased in 1906 from Da. Dolores Pascual Casal
Ochoa, and is covered by Transfer Certificate, No. 192, dated Octo-
er 1, 1906, Office of Registrar, Province of Rizal.
332 UNITED STATES MILITARY RESERVATIONS, ETC.
Revocable Licenses: License, dated December 5, 1906, to Chas. M.
Swift for electric railwa}^ across.
License, December 29, 1909, to International Committee of Young
Men's Christian Associations to maintain a building (already erected).
FORT WINT. (See Subig Bay.)
ZAMBOANGA.
This reservation, containing an area of 131.3 acres, is situated at
Zamboanga, Mindanao.
It was reserved for military purposes, subject to private rights,
pursuant to Section 12 of Act of Congress, approved July 1, 1902
(32 Stat. L., G91), by Executive Order of June 20, 1904 (G. O. No.
116, War Dept., June 27, 1904) ; and modified by Executive Order,
dated May IT, 1905 (G. O. No. 76, War Dept., May 25, 1905.)
1. Transfer Certificate No. 22, dated June 4, 1907, covers a parcel
containing 1225.58 square meters within the reservation ; acquired by
deed of Vincente Apilano, as administrator. Office of Registrar,
Moro Province.
2. Transfer Certificate No. 20, dated June 7, 1904, covers a parcel
containing 594.01 square meters ; acquired from the Army and Navy
Club. Office of Registrar, Moro Province.
ZAMBOANGA TARGET RANGE.
This reservation, contains an area of 37.85 hectares, and is situated
at the western or furthermost end of the " Mesa," near Zamboanga,
Mindanao.
It was reserved, for the purposes of a target range for the post of
Zamboanga, by Executive Order of November 14, 1905, pursuant to
Section 12 of the Act of Congress, approved July 1, 1902 (32 Stat.
L., 691). (G. O. No. 196, War Dept., November 21, 1905.)
PORTO RICO.
AN ACT authorizing the Governor of Porto Rico to convey certain lands to the
United States for naval, military and other public purposes.
""Be it enacted by the Legislative Assembly of Porto Rico:
" SECTION 1. Tnaf tne Governor of Porto Rico be and he is hereby
authorized in his discretion and in the name of the People of Porto
Rico to convey to the United States for naval, military or other public
purposes all the right title and interest of the People of Porto Rico or
of any municipality, thereof in and to all public lands in the Island of
Culebra, together with the shores thereof and any public buildings
thereon, or in and to so much thereof as may now or hereafter be
desired by the United States for such purposes, and in and to any and
all roads, streets or highways or other public property in said Island
of Culebra belonging to the People of Porto Rico or to any munici-
pality thereof ; together with all rights, easements, benefits and privi-
leges thereunto appertaining.
" SEC. 2. That the Governor of Porto Rico be and he is hereby
authorized in his discretion and in the name of the People of Porto
PORTO EICO. 333
Kico to convey to the United States for naval, military, or other pub-
lic purposes all the right, title and interest of the People of Porto
Kico or of the municipality of San Juan, in and to any or all public
lands in the Punt-ilia in the harbor of San Juan, together with the
shores thereof and any public buildings thereon, or in and to so much
thereof as may now or hereafter be desired by the United States for
such purposes, and in and to any streets or highways or other public
property therein belonging to the People of Porto Kico or to the said
municipality; together with all rights, easements, benefits and privi-
leges thereunto appertaining.
u SEC. 3. That the United States or any officer or agent thereof or
any contractor in charge on behalf of the United States of the dredg-
ing of the harbor of San Juan is hereby authorized at any time here-
after and until other provision shall have been made by the Legisla-
tive Assembly to use any island in the harbor of San Juan belonging
to the People of Porto Rico as a place of deposit for the dredgings
and soil removed from said harbor or any portion of the shores of
said harbor or any portion of the lands adjacent thereto belonging to
the People of Porto Kico which in the judgment of the Governor,
may properly be used as such place of deposit. And in carrying out
any such plan of improvement of said harbor the United States or
any such officer, agent or contractor is hereby authorized to alter the
boundary lines of any portion of the shores of said harbor or of any
such island or to diminish or increase the area of any such island as
may be required by such plans; Provided, that all lands reclaimed by
making any such deposit of dredgings and soil from the harbor shall
belong to the People of Porto Rico.
" SEC. 4. That the Governor of Porto Kico be and he is hereby
authorized in the name of the People of Porto Rico to release any
interest or claim that the People of Porto Kico may now have or may
hereafter acquire in and upon any lands or buildings belonging to
the United States in the Island of Porto Rico which may be reserved
by the President of the United States for public uses under and by
virtue of the power vested in him under the terms of an act of the
Congress of the United States entitled 'An Act authorizing the
President to reserve public lands and buildings in the Island of
Porto Rico for public uses and granting other public lands and build-
ings to the government of Porto Rico, and for other purposes,'*
approved July 1, 1902.
" SEC. 5. That consent be and is hereby given to the United States
to acquire for naval, military or other public purposes, by purchase
or condemnation any lands within the island of Porto Rico, and when
so acquired and possession thereof shall have been taken by the
United States, all jurisdiction over such lands by the People of
Porto Rico shall cease and determine ; Provided, however, that upon
the subsequent alienation by the United States of any land so acquired
the People of Porto Rico shall again have jurisdiction thereover.
" SEC. 6. That exclusive jurisdiction be and is hereby ceded to the
United States over any and all lands that may hereafter be acquired
by it in the island of Porto Rico by purchase or condemnation; and
over any and all lands and the shores thereof, including streets and
other public highways, conveyed to it by the Governor of Porto Rico
under the provisions hereof; and over any and all lands in which any
interest or claim of the People of Porto Rico may hereafter be re-
334 UNITED STATES MILITARY RESERVATIONS, ETC.
leased to the United States by the Governor of Porto Rico as pro-
vided herein ; Provided however, that in and over any lands acquired
by, or conveyed under the terms hereof to the United States, in the
Island of Culebra, the People of Porto Rico shall retain a concurrent
jurisdiction with the United States over offenses committed within
the limits of the lands so conveyed, such jurisdiction however to be
exercised only upon the complaint of the officer of the navy or other
officer of the United States in charge thereof.
" SEC. 7. The Governor of Porto Rico, in his discretion is hereby
authorized now or at any time hereafter to revoke or modify any
license heretofore or hereafter issued for the sale of liquors or other
intoxicating or spirituous beverages, or to revoke or modify any
license heretofore or hereafter issued for the sale of merchandise of
an objectionable nature at or near any naval or military station or
post now existing or that hereafter may be established in Porto Rico.
And he is further authorized to revoke any license heretofore issued
or that hereafter may be issued for the sale of such liquors and bever-
ages or of such merchandise within the limits of any lands conveyed
hereunder to, or acquired by, the United States.
" SEC. 8. This act shall take effect from and after its approval."
Approved, February IGth, 1903. (Laws of Porto Rico, 1903, page
110.)
AIBONITO.
This reservation is situated just east of the town of Aibonito where
the barracks stand, and was reserved by Executive Order of June 30,
1903 (G. O. No. 97, A. G. O., July 7, 1903), under Act of Congress,
approved July 1, 1902 (32 Stat. L., 731).
AGUADILLA.
This reservation is situated in the northerly part of the town of
Aguadilla, where the fort and barracks stand, and was reserved by
Executive Order of June 30, 1903 (G. O. No. 97, A. G. O., July 7,
1903), under Act of Congress, approved July 1, 1902 (32 Stat/L.,
731).
FAJARDO (ISLANDS NEAR).
All the lands comprising the islands of Palominos and the islands
known as the Cordilleras, including Icacos and Lobos Cays, lying near
Fajardo, off the northeasterly cape of Porto Rico.
Reserved by Executive Order of June 30, 1903 (G. O. No. 97,
A. G. O., July 7, 1903), under Act of Congress, approved July 1,
1902 (32 Stat. L., 731).
HENRY BARRACKS.
This reservation comprises an area of about 389 acres, and is
situated just east of Cayey. By Executive Order of June 30, 1903
(G. O. 97, A. G. O., July 7, 1903), the reservation was declared with
an area of about 15 acres, under Act of Congress, approved July 1,
1902 (32 Stat. L., 731). The reservation as thus declared has been
POETO EICO. 335
enlarged by the following additions, the metes and bounds of which
are published in G. O. 31, W. D., February 24, 1905 :
The United States acquired by acts of sale, numbers 141, 142 and
143, dated December 30, 1903, before Luis Munoz Morales, a lawyer
and notary public in and for the Island of Porto Rico, resident in the
town of Cayey, said acts being registered in the Registry of Property
of Guayama, the following described tracts of land in connection
with the military reservation of Henry Barracks, Cayey, Porto Rico :
1. Certain tracts of land, acquired from Francisco Fernandez
Navas and wife, Santiago Lopez and wife, Teresa Rosset Flores,
Maria Ale jo Vasquez, Isabel Llera Vasquez, Providencia Perez Llera
and Jose Perez Llera, which together form one complete parcel, con-
taining about 372 acres, lying adjacent to the military reservation of
Henry Barracks.
2. A parcel of land acquired from Modesto Munitize Agnirre and
wife containing about 1.94 acres, situated in the ward of Monte
Llano, about one1 and one-fourth miles from the military reservation
of Henry Barracks; together with the water system, and franchise
to take water flowing through a four-inch pipe from Novillos Creek,
and for pipe line leading therefrom to Henry Barracks ; reserving to
the grantor, his heirs and successors, permanently, a supply through
a three- fourths-inch pipe, coming from the main pipe, for the use of
his household in said ward of Monte Llano.
MAYAGUEZ.
The following reservations in the city of Mayaguez were made by
Executive Order of June 30, 1903 (G. O. No. 97, A. G. G., July 7,
1903), under Act of Congress, approved July 1, 1902 (32 Stat. L.,
731) :
1. Barracks, including all that piece or parcel of land on which
the barracks building stands.
By War Department letters of June 7th and July 20th, 1904, this
reservation was transferred to the Department of Justice for use of
the Federal Court, upon condition of its being returned upon request
of the War Department. By letter of October 3, 1904, consent was
given to the use of a portion of the premises by the Government of
I^orto Rico under authority of the Department of Justice, for Insular
court, police and school purposes.
2. Fort, including all that piece or parcel of land situated on the
" Little Point Algarrobo," in that part of the city of Mayaguez,
known as Mayaguez Play a, and now occupied by a small fort and
attending buildings.
3. Military Hospital, including all that piece or parcel of land
situated in the easterly part of the city of Mayaguez, near the city
asylum, formerly used as a military hospital.
Revocable License, January 25, 1906, to Government of Porto Rico,
to occupy and use this reservation for the purposes of a correctional
school and district jail. Certain minor changes in the building were
authorized September 18, 1906.
336 UNITED STATES MILITARY RESERVATIONS, ETC.
SAN JUAN.
The following reservations at San Juan on the Island of San
Juan were made by Executive Order of June 30, 1903 (G. O. No. 97,
A. G. O., July 7, 1903), pursuant to Act of Congress, approved July
1, 1902 (32 Stat. L., 731) :
1. Main Reservation, including all that piece or parcel of land
forming the westerly and northerly portions of the island of San
Juan, and extending from the Marina to El Morro on the west, and
from El Morro to San Geronimo on the north, said tract of land
containing part of the southerly wall, together with Casa Blanca,
the Infantry Barracks, El Morro, Artillery Park, San Cristobal, San
Geronimo and other military lands and buildings.
This reservation was modified by Executive Order, dated Novem-
ber 23, 1903 (G. O. No. 60, War Dept, December 10, 1903).
2. La Palma Bastion, including all that piece or parcel of land in
he southerly part of the city of San Juan or San Juan Island, occu-
pied by the Palma Bastion.
3. San Sebastian Guardhouse, including all that piece or parcel of
land situated in the northerly part of the city of San Juan, or San
Juan Island, and known as the San Sebastian guardhouse.
4. Water Front — A piece or parcel of land on the shore of San
Juan Bay.
5. Santo Domingo Barracks, including all that piece or parcel of
land situated on San Juan Island in the city of San Juan, and known
as the Santo Domingo Barracks site, adjoining the church of San
Jose.
The following premises have been acquired for use in connection
with the reservation at San Juan, Porto Rico:
1. By Act of Sale, dated September 18, 1900, as amended by Act
of Sale, dated December 8, 1906, Ida A. Shirmer, et vir., conveyed to
the United States a parcel of land comprising about 8092 square
meters, with right of way thereto.
2. By Act of Sale, dated May 17, 1909, the Bishop of Porto Rico
conveyed to the United States all rights of the Church of Porto Rico
in Santo Domingo Barracks, otherwise called Santo Domingo Con-
vent; and to Ballaja Barracks (now known as the Infantry Bar-
racks) ; the purchase of which was authorized by Act of Congress,
approved March 4, 1909 (35 Stat, L., 1018).
Revocable Licenses: License, January 29, 1902, to the New York
and Porto Rico Steamship Company to reconstruct its wharf, orig-
inally constructed under license issued February 28, 1900.
License, dated Dec. 15, 1904, to Navy Department, for a temporary
use, until required for military purposes, of site for wireless tele-
graph station, with right of way thereto.
License, August 10, 1909, to San Juan Light and Transit Company
to use strip of land for additional track for its railway.
SAN JUAN HARBOR.
All the Islands comprising the islands of Cabras and Canuelo,
lying at the entrance of San Juan Harbor, and the island of Punta
Salinas, lying about three statute miles westerly of said entrance.
KHODE ISLAND. 337
Reserved by Executive Order of June 30, 1903 (G. O., No. 97,
A. G. O., July 7, 1903), pursuant to act of Congress, approved July
1, 1902 (32 Stat. L., 731.)
RHODE ISLAND.
GENERAL ACT OF CESSION.
" SECTION 1. Section 1 of chapter 330 of the Public Laws is hereby
amended so as to read as follows :
" SECTION 1. The consent of the state of Rhode Island is given to
the purchase by the government of the United States, or under the
authority of the same, of any. tract, piece, or parcel of land from any
person within the limits of the state for the purpose of erecting
thereon post offices, light houses, beacon lights, range lights, life-
saving stations, and light-keeper's dwellings, and other needful pub-
lic buildings connected therewith, or for the location, construction,
or prosecution of forts, fortifications, coast defences, and appurte-
nances thereto or for the location and maintenance of any cable lines,
landing places, terminal stations, and other needful buildings con-
nected therewith for weather bureau purposes; and all deeds, con-
veyances, or title papers for the same shall be recorded, as in other
cases, upon the land records of the town in which the land so con-
veyed may lie; the consent herein given being in accordance with the
seventeenth clause of the eighth section of the first article of the con-
stitution of the United States and with the acts of congress in such
cases made and provided."
" SECTION 2. This act shall take effect immediately, and all acts
and parts of acts inconsistent herewith are hereby repealed."
(Passed March 19, 1903. Public Laws of R. I., session of 1903,
p. 25.)
FORT ADAMS.
This reservation contains an area of 135 acres 2 roods 27 rods, and
is situated on Brenton's Point, or Neck, in Newport Harbor, and at
the throat of the middle of the three entrances to Narragansett Bay.
It is in Newport County, about 3 miles from the city of Newport.
The title is as follows :
1. Deed from Susanna Mumford, et al., dated May 2, 1799 con-
veying 7 acres, 1 rood, 17 rods. Recorded in the Clerk's office at
Newport July 17, 1799.
2. Deed from Susanna Mumford, et al., dated October 23, 1799,
conveying 3 acres 1 rood and 30 rods. Recorded in the Book of Land
Evidence of Newport, No. 7, since the evacuation by the British
Troops, pages 278 and 279.
3. Deed from Susanna Mumford, et al., dated October 30, 1800,
conveying 10 acres of land. Recorded in Book No. 8, pages 303 and
304 of same records.
4. Deed from Benjamin Waite Case and wife, dated June 19, 1824,
conveying the undivided half of 29 acres 2 roods and 1 rod of land.
Recorded in Book No. 16, page 291, etc., of same records.
16809—10 22
338 UNITED STATES MILITARY RESERVATIONS, ETC.
5. Deed from Joshua Peckham et al., dated June 19, 1824, convey-
ing 22 acres 1 rood and 19 rods of land. Recorded in No. 16, pages
285 and 286, of same records.
6. Deed from Thomas Sessions and wife, dated June 21, 1824, con-
veying the undivided half of 29 acres 2 roods and 1 rod of land.
Recorded in No. 16, page 287, etc., of same records.
7. Deed from Audley Clarke and wife, dated June 24, 1824, con-
veying 63 acres of land. Recorded in No. 16, page 288, etc., of same
'records.
Provision was made for the sale to the United States with the con-
sent of the Governor of the State, and jurisdiction ceded by an act of
the State legislature passed at the March Session, 1794, and juris-
diction also ceded by an act passed at the May Session, 1824, which
acts provide as follows:
"Whereas the Congress of the United States have passed an act
for fortifying the port and harbor of Newport, and empowered the
President of the United States to receive from any State (in behalf
of the United States) a cession of the land on which any fortifica-
tion may stand ; or, when such cession shall not be made, to purchase
such land in behalf of the United States ; Provided, that no such pur-
chase shall be made where such land is the property of a State :
" SECTION 1. Be it therefore enacted, etc., That there be, and is
hereby, granted unto the United States of America, all the right,
title and claim of this State to the lands on which the fortifications
on Goat Island, in the Township of Newport, stand, together with
the circumjacent lands, which have been heretofore improved by the
State for the purposes of defense.
" SEC. 2. And ~be it further enacted, That it shall and may be law-
ful for the Town of Newport, or any other town in this State, or any
individual person in this State, by and with the consent of his Ex-
cellency the Governor, to sell and dispose of to the President of the
United States, for the use of the United States, all such lands as
shall be deemed necessary to erect fortifications upon, for the defense
of the Port and Harbor of Newport, and to execute deeds thereof in
due form of law ; and if the town of Newport, or any other town, or
any individual, shall not agree with the person or persons who may
be appointed by the President of the United States to purchase such
lands, or the value thereof, then and in such case his Excellency, the
Governor, is hereby empowered to appoint three suitable persons to
appraise the said lands, and upon payment of the value thereof at
such appraisement, or upon the tender thereof being refused, the fee
and property of such lands shall vest in the United States.
" SEC. 3. Provided nevertheless, and be it further enacted, That all
civil and criminal processes issued under the authority of this State,
or any Officer thereof, may be executed on the lands which may be so
ceded, and within the fortifications which may be thereon erected, in
the same way and manner as if such lands had not been ceded TIS
aforesaid." (Act passed at the March Session, 1794.)
"Whereas one hundred and sixteen acres and three quarters of an
acre and twenty rods of land situate on Brentons neck adjoining land
of the United States on which Fort Adams now stands have been
deemed necessary to be possessed by the United States, for the pur-
RHODE ISLAND. 339
pose of increasing the defense of Narragansett Bay ; and whereas an
application has been made by the Secretary of War of the United
States for and in behalf of the United States for the passage of an
act ceding to the United States the jurisdiction thereof:
" SECTION 1. Be it therefore enacted, etc., That it shall and may be
lawful for the proprietors of said one hundred and sixteen acres and
three quarters of an acre and twenty rods of land (to wit: Audley
Clarke, Joshua Peckham and Augustus Peckham, Thomas Sessions
and Elizabeth his wife and Benjamin Waite Case and Sarah his wife)
to sell and convey to the United States said one hundred and sixteen
acres and three quarters of an acre and twenty rods of land."
" SEC. 2. And be it further enacted, That there be, and here is,
granted to the United States the jurisdiction of said one hundred and
sixteen acres and three quarters of an acre and twenty rods of land,
with the shores adjoining the same to low-water mark, which said
land is to be bounded according to the limits thereof designated in a
plat of the same on file in the Secretary's Office, and which was trans-
mitted to his Excellency the Governor of this State under cover of a
letter from said Secretary of War dated May the 19, 1824, and as the
same may be described in the deeds to be given thereof by the owners
aforesaid: Provided, nevertheless, that all civil and criminal process
issued under the authority of this State may be executed on said land
or in any tenements to be erected thereon in the same way and man-
ner as if the jurisdiction thereof had not been ceded as aforesaid."
(Act passed at May Session, 1824.)
See also General Act of Cession.
Revocable Licences: June 19, 1905, arid September 28-, 1906, to
Providence Telephone Company to construct, operate and maintain a
telephone line.
FORT GETTY.
This reservation contains 31.6706 acres and a right of way, situated
on Fox Hill, on the western shore of Conanicut Island, near the town
of Jamestown, in Newport County.
The title is as follows:
Deed from Benjamin S. Cottrell, dated Juno 22, 1900, conveying
the above tract. Recorded in Vol. 13 of Land Evidence of James-
town, page 472, etc.
The above tract was obtained under condemnation proceedings in
the Circuit Court of the United States for the District of Rhode
Island, by decree rendered February 19, 1900, and filed in the Clerk's
Office for said Court, May 14, 1900.
For jurisdiction see General Act of Cession.
Revocable -License : License, April 9, 1902, to the Providence Tele-
phone Company to construct and maintain a pole telephone line on
the reservation.
FORT GREBLE.
This reservation contains an area of about 80 acres in the main
reservation and 24.35 acres in reservation for water supply. The
main reservation is situated on Dutch Island, in the western entrance
to Narragansett Bay, 3J miles north of Beaver Tail, 4J miles due
340 UNITED STATES MILITARY RESERVATIONS, ETC.
west from the City of Newport, 23 miles south of Providence, and
midway between the mainland on the west and Conanicut Island
on the east, in Newport County. The title is as f ollows :
Deed from J. H. Carpenter and wife, dated January 1, 1864, con-
veying all the island called " Dutch Island " (except a tract of about
6 acres now owned by the United States, heretofore conveyed for
Light-House), containing 75 acres more or less. Recorded in James-
town, Sixth Book of Land Evidence, pages 256 and 257, August 6,
1866. Jurisdiction was ceded to the United States by an act of the
State Legislature passed January 18, 1865, which provided as
follows :
" SECTION 1. Jurisdiction over all of the lands at the entrance of
Narragarisett Bay, known as Dutch Island, purchased by the United
States is hereby ceded to the United States: Provided, nevertheless,
That all civil and criminal process, issued under the authority of this
State, shall continue to run into and be served and executed in and
upon said tract of land, and all parts thereof, in the same manner as
if the jurisdiction had not been granted as aforesaid."
2. Decree in condemnation of the United States Circuit Court,
dated January 21, 1905, covering 24.35 acres near Dutch Island, ac-
quired for water supply. Recorded in book 47, page 48 of the records
of town of North Kingston.
3. Deed from Emma W. Casey, James Lincoln Casey and Edward
Pearce Casey, dated March 21, 1907, conveying the same premises.
Recorded in book 47, page 47 of same records.
License, November, 1878, to Treasury Department to occupy 2.24
acres for light-house purposes as equivalent for light-house lands
occupied by Battery A.
FORT GREENE.
This reservation contains an area of 20,000 square feet, and is situ-
ated in the City of Newport, in the County of Newport, on what is
called "Easton's Point," and embraces Lots 9, 10, 11 and 12 of the
second division on said Easton's Point. The title is as follows:
1. Deed from William V. King, dated August 29, 1799, conveying
Lots 11 and 12 above noted, subject to an annual payment of 3 ounces
and 12 pennyweights of coined silver. Recorded in the Book of Land
Evidence of Newport, November 9, 1799, at Newport.
2. Deed from Samuel King and wife, dated August 29, 1799, con-
veying Lots 9 and 10 above noted, subject to an annual payment of
3 ounces and 12 pennyweights of coined silver. Recorded November
9, 1799, same records.
3. Deed from Richard Mitchell, et al., dated September 6, 1823,
releasing all right to reserved rent, etc., to above lots.
For jurisdiction see act of the State Legislature, passed at the
March Session, 1794, under title of " Fort Adams."
Pursuant to Act of Congress approved February 23,' 1887, the Fort
Greene tract was granted by the Secretary of War to the City of
Newport, July 13, 1891, for the purposes of a public park, the fee,
however, remaining vested in the United States.
RHODE ISLAND. 341
FORT MANSFIELD.
This reservation is situated on Napatree Point, near Watch Hill, in
Washington County, and comprises a main reservation containing
about 96 acres, and a detached reservation of about 2.1 acres, with
right of way connecting them, and connecting detached reservation
with Bay Street, Watch Hill. The title is as follows :
1. Deed from Henry B. Gorham, dated June 27, 1898, conveying
two tracts of land therein described. Recorded in Land Evidences,
Records of Westerly, Book No. 33, page 292.
2. Deed from James N. Thompson, et al., dated April 2G, 1898, con-
veying a tract of land therein described. Recorded in Book No. 23,
page 286, of same records.
3. Deed from John B. Sweeney, dated October 26, 1903, conveying
a right of way. Recorded in Book 35, page 300, of same records.
4. Deed from H. Hobart Babcock, dated October 26, 1903, convey-
ing a right of way. Recorded in Book 35, page 296, of same records.
5. Deed from Alice Brien, et vir., elated October 26, 1903, conveying
a right of way. Recorded in Book 35, page 297, of same records.
6. Deed from Alice Brien, et vir., Saclie Irving, Mary C. Scanlon,
et vir., Charles J. Butler, ct ux., and John W. Sweeney, et ux., dated
July 9, 1909, amending conveyances numbered 3, 4, and 5, supra, so
that the descriptions therein, respectively, shall conform to the loca-
tion of the roadway as constructed. Recorded in Book 39, page 434.
of same records.
7. Deed from Frank Larkin, et nx., dated August 7, 1909, amend-
ing prior deed of October 27, 1903, conveying a right of way. Re-
corded in Book 39, page 433, of same records.
For jurisdiction see General Act of Cession.
FORT PHIL KEARNEY.
This reservation contains 25 acres and is situated near South Ferry
in the District of Narragansett, in the County of Washington.
The title is as follows :
Deed from Edmund W. Davis, dated May 23, 1901, conveying the
above tract. Recorded in the Book of Land Evidence of the town of
Narragansett, No. 4, page 60.
The above land was acquired under condemnation proceedings in
the Circuit Court of the United States for the District of Rhode
Island, by decree rendered March 2, 1901.
For jurisdiction see General Act of Cession.
License, May 23, 1907, to The Providence Telephone Co. for tele-
phone line.
ROSE ISLAND.
This reservation contains an area of 20 acres, and is situated half-
way between the City of Newport and Conanicut Island, in Narra-
gansett Bay, in Newport County. The title is as follows :
1. Deed from Hannah Goddard et al., dated August 20, 1799, con-
veying six undivided eighth parts of Rose Island, containing in the
whole about 20 acres. Recorded in the Book of Land Evidence of
Newport, August 22, 1799, at Newport.
342 UNITED STATES MILITARY RESERVATIONS, ETC.
2. Deed from Israel Ambrose, Guardian, etc., dated August 20.
1799, conveying one undivided eighth part of Kose Island. Recorded
August 22, 1799, same records.
3. Deed from Henry Goddard and wife, dated September 23, 1799,
conveying one undivided eighth part of Rose Island. Recorded
November 11, 1799, same records.
For jurisdiction, etc., see act of Legislature passed at the March
Session, 1794, under the title of " Fort Adams."
See also General Act of Cession.
By letter of the Secretary of War, dated February 17, 1904, a defi-
nite area about the beacon light on this reservation was set apart for
the use of the Light-House Establishment.
FORT WETHERILL.
This reservation contains an area of 61.5 acres, with metes and
bounds as announced in G. O. No. 182, W. D., November 17, 1908. It
is situated at The Dumplings, on the eastern shore of Cpnanicut
Island, near Jamestown in the County of Newport. The title is as
follows :
1. Deed from Ebenezer Shearman, dated November 26, 1799.- Re-
corded in Jamestown Book for Land Evidence, No. 4, pages 88, 89.
and 90, at Jamestown, May 3, 1800. For act of Legislature providing
for consent to sale and ceding jurisdiction see act passed March Ses-
sion, 1794, set out under " Fort Adams."
2. Deed from Mary Dame, et al., dated May 11, 1899, conveying a
tract of land and rights of way therein described. Recorded in Vol.
13, page 350, of same records.
3. Deed from Benjamin H. Shoemaker, dated May 5, 1899, con-
veying a tract of land and rights of way therein described. Recorded
in Vol. 13, page 352, of same records.
4. Deed from William T. Richards, dated May 29, 1899, conveying
a tract of land and rights of way therein described. Recorded in
Vol. 13, page 347, etc., of same records.
The above-mentioned tracts (2, 3 and 4,) containing in the aggre-
gate 23.068 acres, were obtained under Condemnation proceedings in
the Circuit Court of the United States for the District of Rhode
Island, by decree rendered September 1, 1898, and filed in the Clerk's
Office for said Court, June 20, 1899.
5. Deed from the Ocean Highlands Company, dated May 4, 1899,
conveying a tract of land and rights of way therein described. Re-
corded in Vol. 13, page 348, of same records.
6. Deed from Bettie A. Lieber and husband, dated April 29, 1899,
conveying a tract of land and rights of way therein described. Re-
corded in Vol. 13, page 349, etc., of same records.
The above two tracts containing in the aggregate 9.354 acres, were
obtained under condemnation proceedings in the Circuit Court of the
United States for the District of Rhode Island, by decree rendered
September 3, 1898, and filed in the Clerk's Office for said Court, June
20, 1899.
7. Deed from Mabel Russel and husband, dated January 17, 1902,
conveying an undivided third of a tract of land containing 0.875
acre. Recorded in Vol. 13, page 210, etc., of same records.
RHODE ISLAND. 343
8. Deed from Charles F. Bostwick and wife, dated February 1,
1902, conveying the undivided two-thirds remaining of above tract.
Recorded in Vol. 14, page 211, etc., of same records.
The above 0.875 acre was acquired under Condemnation proceed-
ings in the Circuit Court of the United States for the District of
Rhode Island, by decree rendered January 4, 1902, and filed in the
Clerk's Office for the said Court, February 5, 1902.
9. Deed from Henry Stalzell, dated March 3, 1902, conveying 1.5
acres of land. Recorded in Vol. 14, page 230, etc., of same records.
The above tract was acquired under Condemnation proceedings in
the Circuit Court of the United States for the District of Rhode
Island, by decree rendered February 15, 1902.
10. Decree in condemnation of the U. S. Circuit Court (Law No.
2G60) entered December 26, 1903, and January 22, 1904, covering
3.088 acres, the property of Susan Shoemaker ; 4.743 acres, the prop-
erty of Charles Wharton Stork, and 8.048 acres, the property of
Joseph S. Lovering Wharton. Recorded in volume 15, pages 56-59
of same records.
11. Deed from Benjamin H. Shoemaker and wife, dated January
18, 1904, to tract of 3.088 acres, covered by said decree. Recorded in
volume 15, page 60 of same records.
12. Deed from Charles Wharton Stork et al., dated January 18,
1904, to tract of 4.743 acres, covered by said decree. Recorded in
volume 15, page 62, of same records.
13. Deed from Joseph S. Lovering Wharton, dated January 18,
1904, to tract of 8.048 acres, covered by said decree. Recorded in
volume 15, page 64, of same records.
14. Decree in condemnation of the U. S. Circuit Court (Law No.
2660) entered December 12, 1906, covering 2 tracts, aggregating 2.025
acres. Recorded in volume 16, page 11, of same records.
15. Decree in condemnation of the U. S. Circuit Court (Law No.
2570) entered November 2, 1907, covering certain negative ease-
ments. Recorded in volume 16, page 118, of same records.
For jurisdiction see General Act of Cession.
Revocable Licenses: License, April 9, 1902, to The Providence
Telephone Company to construct and maintain a pole telephone line
on the reservation.
Revocable License, June 19, 1905, to Providence Telephone Com-
pany to construct, operate and maintain a telephone line.
FORT WALCOTT (GOAT ISLAND).
This reservation, containing 18 acres, embraces the whole of Goat
Island, and is situated at the entrance to Newport Harbor from Nar-
ragansett Bay northeast from Fort Adams and southeast from Rose
Island, in Newport County. The title is as follows :
1. Act of the General Assembly of the State of Rhode Island,
passed March, 1794, granting to the United States all the right, title,
and claim of said State to the lands on which the fortifications on
Goat Island stand, etc. (See Fort Adams for act.)
2. Deed from Edmund Townsend, Treasurer of Newport, etc.,
dated April 16, 1799, conveying 10 acres on north end of Island. Re-
corded in the Book of Land Evidence of Newport, July 17, 1799, at
Newport.
344 UNITED STATES MILITARY RESERVATIONS, ETC.
For jurisdiction see act passed at March Session, 1794, under the
title of " Fort Adams."
See also General Act of Cession.
Easement: Act of Congress, approved December 20, 1884, author-
ized the city of Newport to construct and maintain a sewer through
and across the breakwater at Goat Island. License under above
authority, April 2G, 1887.
Revocable License: License, July 27, 1869, to the Nevy Department
to occupy Goat Island.
SOUTH CAROLINA.
For a list of places in respect to which jurisdiction, more or less
extensive, has been ceded to the United States, see Code of Laws,
S. C., 1902, v. 1, sec. 3, pages 4 to 18.
GENERAL ACT OF CESSION.
Session Laws of 1871, Chapter 14, page 535, Section 1, as set out in
the Code of Laws of South Carolina for 1902, Vol. 1, page 21, as
follows :
" SEC. 9. The jurisdiction of the State of South Carolina is hereby
ceded to the United States over so much land as is necessary for the
public purposes of the United States; but the jurisdiction hereby
ceded shall not vest until the United States shall have acquired the
title to the lands, by grant or deed, from the owner or owners thereof,
;md the evidences thereof shall have been recorded in the office where,
by law, the title to such land is recorded. The United States are to
retain such jurisdiction so long as such lands shall be used for the
purposes aforementioned, and no longer; and such jurisdiction is
granted upon the express condition that the State of South Carolina
shall retain a concurrent jurisdiction with the United States in and
over the said lands, so far as that civil process, in all cases not affect-
ing the real or personal property of the United States, and such crim-
inal or other process as shall issue under the authority of the State of
South Carolina, against any person or persons charged with crimes or
misdemeanors committed within or without the limits of the said
lands, may be executed therein, in the same way and manner as if no
jurisdiction had been thereby ceded.
" SEC. 10. All lands and tenements which may be granted, as afore-
said, to the United States shall be and continue, so long as the same
shall be used for the purposes in the last section mentioned, exon-
erated and discharged from all taxes, assessments and other charges
which may be imposed under the authority of the State of South
Carolina."
BAY POINT.
This reservation contains an area of 126 acres, being all the land in
the west half of Section 3, Township 3 South, and is situated north of
the entrance to Port Royal Sound, in Beaufort County. The title is
as follows :
As public lands belonging to the United States they were reserved
for military purposes by Executive Order dated October 27, 1874.
SOUTH CAROLINA. 345
(The Bay Point reservation seems to have been bid in by an agent
of the United States, for the United States, at a sale for direct taxes
immediately at the close of the war of 1861, and while in the hands of
the Tax Commissioners as the property of the United States was
excepted from further disposition and set apart for military purposes.
See Act of Congress approved July 16, 1866.)
For jurisdiction see General Act of Cession.
BEAUFORT NATIONAL CEMETERY.
This reservation contains an area of 31.5 acres, and is situated at
Beaufort, in Beaufort County. The title is as follows:
1. Under authority of act of Feb. 6, 1863 (12 Stat. L., 640) and
Executive Order of February 10, 1863, the tract known as " Polly's
Grove," containing 64 acres, was on March 4, 1863, selected for vari-
ous public purposes and acquired at direct tax sale, held March 11,
1863. A portion of this tract, containing 29.8 acres, was used as a
" Military Cemetery ; " and the title thereto approved by the Attor-
ney-General March 25, 1869. (See Appendix, page 493.)
2. Lease for ninety-nine years b}^ Town Council of Beaufort to the
United States of Lot 124 in Beaufort Cemetery, containing 1.7 acres.
Lease dated April 10, 1868, and recorded in Book No. 7, page 196, of
the deed records of Beaufort County.
For jurisdiction see General Act of Cession.
FLORENCE NATIONAL CEMETERY.
This reservation, containing an area of 3.76 acres, together with a
right of way, is situated near Florence, in Darlington County. The
title is as follows :
1. Deed from James B. Jarrott, Executor, etc., dated January — ,
1872, conveying 3.76 acres. Recorded in Book H H, page 231, etc., in
the Office of Register of Mesne Conveyances for Darlington County.
(An Act of Congress, approved January 8, 1889, provides for the
building of a gravel or macadamized road from the town of Flor-
ence to the National Cemetery.)
2. Ordinance by the Intendant and Wardens of the Town of Flor-
ence granting to the United States right of way, etc., on streets lead-
ing toward Cemetery within the corporate limits of said town.
Passed and ratified February 5, 1889.
3. Order and Resolution of County Court of Florence County,
granting to the United States right of way to National Cemetery,
over County road, etc. The said road now being embraced within
the limits of Florence County, by act of the State Legislature ap-
proved December 22, 1888. Order and Resolution adopted February
26, 1889.
4. Report of Special Road Commissioners giving increased width
to roadway, confirmed by the County Court March 18, 1889.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved January 16, 1873, which act provides as follows:
" SECTION 1. Be it enacted, etc., That the jurisdiction of the State
of South Carolina is hereby ceded to the United States of America
346 UNITED STATES MILITARY RESERVATIONS, ETC.
over certain lands situated in the County of Darlington and near the
town of Florence, known as the " National Cemetery ; " Provided.
That the jurisdiction hereby ceded shall not vest until the United
States of America shall have acquired the title to the said lands by
grant or deed from the owner or owners thereof, and the evidences of
the same shall have been recorded in the office where by law the title
to such lands is recorded; and the United States of America are to
retain such jurisdiction so long as such lands shall be used for the
purposes, in this Act mentioned, and no longer; and such jurisdiction
is granted upon the express condition that the State of South Caro-
lina shall retain a concurrent jurisdiction with the United States in
and over the said lands so far as that civil process, in all cases not
affecting the real or personal property of the United States, and such
criminal or other process as shall issue under the authority of the
State of South Carolina, against any person or persons charged with
crimes or misdemeanors committed within or without the limits of
said lands, may be executed therein in the same way and manner as
if no jurisdiction had been ceded.
" SEC. 2. That all lands and tenements which may be granted as
aforesaid, to the United States shall be and continue, so long as the
same shall be used for the purposes in this act mentioned, exonerated
and discharged from all taxes, assessments and other charges which
may be imposed under the authority of the State of South Carolina."
See also General Act of Cession.
FORT FREMONT.
This reservation contains about 170 acres, as announced in G. O.
No. 90 W. D. May 14, 1906. It is situated on St. Helena Island, in
Beaufort County, near Port Royal. The title is as follows :
1. Deed from F. A. Dran, dated April 28, 1898, conveying Lot
No. 11, and fractional Lots Nos. 10 and 23, in Sec. 22, T. 2 S., R. 1
W. of St. Helena Meridian. Recorded in Book B, page G2, of the
records of Beaufort County.
2. Order of the District Court of the United States for the East-
ern District of South Carolina, dated June 30, 1899, vesting the
title in fee simple in the United States, of a tract of land containing
10 acres, late the property of Jack Freeman.
3. Deed from Jacob Meyers, dated October 12, 1899, conveying 10
acres of land. Deed recorded in Book B, page 63, of same records.
4. Decree of condemnation for 20 acres of land, in case of The
United States v. Ellen Crofut, in the District Court of the United
States for Eastern District of South Carolina. Rendered October
12, 1900, and filed in the Clerk's Office of said Court.
5. Deed from Ellen A. Crofut, dated August 13, 1903, conveying
Lot 60, sec. 15 S., R. 1 W., St. Helena Meridian, containing 10 acres.
Recorded in Clerk's Office of County Court, in Vol. 25, page 363.
6. Deed from July Fripp, dated September 19, 1903, conveying
one-half of Lot 5, sec. 22, T. 2 S., R. 1 W., containing 5 acres. Deed
recorded in Vol. 25, page 364, of same records.
7. Deed from Andrew Jenkins and Ellen Williams, dated Sep-
tember 25, 1903, conveying one-half of Lot 5, sec. 22, T. 2 S., R. 1
SOUTH CAROLINA. 347
W., containing 5 acres. Recorded in Vol. 25, page 366, of same
records.
8. Deed from the Clerk of the District Court, dated November 23,
1903, conveying Lot 21, sec. 22, T. 2 S., R. 1 W., containing 10 acres.
Recorded in Vol. 25, page 394, of same records.
9. Deed from the Clerk of the District Court, dated November 23,
1903, conveying Lot 22, sec. 22, T. 2 S., R. 1 W., containing 10 acres.
Recorded in Vol. 25, page 400, of same records.
10. Deed from the Clerk of the District Court, dated November 23,
1903, conveying Lot 28, sec. 22, T. 2 S., R, 1 W., containing 10 acres.
Recorded in Vol. 25, page 398, of same records.
11. Deed from the Clerk of the District Court, dated November 23,
1903, conveying Lot 12, sec. 22, T. 2 S., R. 1 W., containing 10 acres.
Recorded in Vol. 25, page 396, of same records.
The above conveyances, 8 to 11 inclusive, were executed pursuant
to a decree of condemnation in the District Court of the United
States, for the Eastern District of South Carolina, rendered Novem-
ber 20, 1903.
12. Deed from Clerk of Circuit Court, dated August 20, 1904, con-
veying lots 26 and 27, sec. 22, T. 2 S., R. 1 W., of St. Helena Meridian,
containing 10 acres. Recorded in Book 25, page 502, of the records of
Beaufort County.
13. Deed from Clerk of Circuit Court, dated August 20, 1904, convey-
ing Lots 38 and 39, sec. 22, T. 2 S., R. 1 W., of St. Helena Meridian,
containing 10 acres. Recorded in Book 25, page 500, of same records.
The above deeds 12 and 13 were executed in pursuance of decrees of
condemnation in the Circuit Court of the United States, for the Dis-
trict of South Carolina, rendered April 9, 1904, and filed the same
day in Clerk's Office of said Court.
14. Deed from Ellen A. Crofut, dated January 31, 1905, conveying*
Lot 57, section 15, township 2 south, range 1 west. Recorded in Book
26, page 114, of same records.
Upon investigation it was found that title to Lot 37, containing 10
acres, was already in the United States, it having been purchased in
1863 at a sale for taxes.
For jurisdiction see General Act of Cession.
HILTON HEAD.
This reservation contains an area of 803 acres, and is situated south
of the entrance to Port Royal Sound, in Beaufort County. The title
is as follows :
As public lands belonging to the United States, they were reserved
for military purposes by Executive Order dated October 27, 1874.
No cession of jurisdiction unless covered by the act of the State
Legislature passed at the session of 1871, for which see Act set out
under title of " General Act of Cession."
(The Hilton Head reservation seems to have been bid in by an
agent of the United States, for the United States at a sale for direct
taxes, immediately at the close of the war of 1861, and while in the
hands of the Direct Tax Commissioners as the property of the United
States, was excepted from further disposition and set apart for mili-
tary purposes. See Act of Congress approved July 16, 1866.)
348 UNITED STATES MILITARY RESERVATIONS, ETC.
FORT MOULTRIE.
The several reservations of this post comprise an area of approxi-
mately 298 acres, and are situated on Sullivans Island north of the
main entrance to Charleston Harbor, and nearly opposite Fort Sum-
ter.
The title to the original Fort Moultrie tract is set out in numbers
1, 2 and 3, as follows:
1. Ceded to the United States by the State of South Carolina by an
act of the Legislature passed December 19, 1805.
2. Land surveyed and regranted to the United States by an act
of the State Legislature passed December 18, 1846.
3. Deed from G. B. Dyer, dated January 9, 1844, conveying a small
burial lot containing about 1,500 feet of ground. Recorded in Sec-
retary of State's Office, at Charleston, in Miscellaneous Record Book
B B B B B, page 18, etc.
The Acts of December 19, 1805, and December 18, 1846, cede both
title and jurisdiction, and provide as follows :
"Be it enacted, etc., That there shall be and hereby is granted to
the United States of America, all the right, title and claim 6f this
State, to the following forts, fortifications, and sites for the erection
of forts, in manner following:
"All the land reserved for Fort Moultrie on Sullivans Island, pro-
vided the same shall not exceed five acres, with all the forts, fortifi-
cations and buildings thereon, together \vith the canal leading from
the cove on the back of the fort, nearly up to the same, as delineated
on the plan of Charleston harbor by Colonel Senf and is in the Secre-
tary of State's office at Columbia.
" The high lands and part of the marsh belonging to Fort John-
son," as delineated on the said plan of Charleston harbor, provided
the same shall not exceed twenty acres, including the present site of
Fort Johnson.
" The land on which Fort Pinckney is built, and three acres around
the same.
"A portion of the sand bank marked C, on the southeasternmost
point of Charleston, as delineated on the said plan of Charleston
harbor, not exceeding two acres.
"A quantity of land, not exceeding four acres, for a battery or fort,
and necessary buildings, on Dr. Blythe's point of land at the mouth
of Sampit river.
" The small island in Beaufort river called Mustard Island, oppo-
site Pairo Island, and a tract of land on St. Helena Island, opposite
the same, not exceeding seven acres of land, as being a commanding
ground for a principal fort.
"And be it further enacted, etc., That the following persons, viz :
Col. Thomas Grayson, Captain John Jenkins, and William Elliott,
Brigadier-General Reid, the Intendent of Charleston for the time
being, Colonel Daniel Stevens, Joseph Alston, Brigadier-General Con-
way and Major Savage Smith, or any twyo of them, be, and they are
0 Fort Johnson was transferred to the Treasury Department, July 23, 1906.
under act of Congress approved June 19, 1906 (34 Stat. L., 299), for the per-
manent use of the Public Health and Marine-Hospital Service.
SOUTH CAROLINA. 349
hereby appointed Commissioners, and authorized to locate, by proper
metes and bounds, at the expense of this State, so far as the charges
of surveyors shall be incurred, all or any the above mentioned sites;
and who shall return a into the office of the Secretary of this State, on
or before the first day of January, in the year of our Lord one thou-
sand eight hundred and seven, fair plats of survey, and accurate
description of the said lands, forts, fortifications and sites, so ceded,
setting forth the limits and bounds of the same.
"And be it further enacted, etc., That if the United States shall not
within three years from the passage of this act, and notification
thereof by the Governor of this State to the Executive of the United
States, repair the fortifications now existing thereon, or build such
other forts or fortifications as may be deemed most expedient by the
Executive of the United States on the same, and keep a garrison or
garrisons therein, in such case this grant or cession shall be void and
of no effect.
"And be it further enacted, That all process civil or criminal, issued
under the authority of this State or any officer thereof, shall and may
be served and executed on any part of lands and sites, forts and forti-
fications, so ceded by this act, and on any person or persons there
being and implicated in matters of law: Provided always, that the
lands, sites, forts and fortifications so ceded, shall forever be exempt
from any tax to be paid to this State: And provided also, the United
States shall, before possession be taken of the said sites so to be laid
out by the above Commissioners, some of which are private property,
give and pay due compensation to the owners and proprietors of the
same." (Passed December 19, 1805.)
" 1. Be it enacted, etc., That there shall be, and hereby is granted
to the United States of America, all the right, title and interest of
the State to the lands, forts and fortifications and sites for the erec-
tion of forts on Sullivans Island, James Island, and Shute's Folly
Island, as delineated in a plan of survey made by Robert Q. Pinckney,
on the Seventeenth day of November, in the year One thousand eight
hundred and forty-six, under the direction of the Commissioners
appointed by His Excellency, Governor Aiken, under a joint resolu-
tion of the Legislature, passed on the fifteenth day of December, in
the year, One thousand eight hundred and forty- five. Provided,
That this Act shall not take effect until the United States Govern-
ment shall have conveyed to the State of South Carolina all the right,
title and interest of the United States, in the land lying between the
present site of Fort Moultrie and the parade ground, which is indi-
cated as a street in the aforesaid plan of survey, and until said plan
of survey shall have been deposited in the office of the Secretary of
State at Columbia.
" 2. That all process, civil or criminal, issued under the authority
of this State, or any officer thereof, shall and may be served and exe-
cuted, on any part of the lands and sites, forts and fortifications so
ceded by this act, and on any person or persons there being implicated
in matters of law : Provided always, That the lands, sites, forts and
fortifications so ceded shall be exempt from any tax to be paid to this
a Commissioners made report dated August 14, 1807.
350 UNITED STATES MILITARY RESERVATIONS, ETC.
State: And provided also, That nothing contained in this act, shall
be construed to interfere with the rights and property of the citizens
or so as to affect any of the streets, thoroughfares or public buildings
on the said Islands." (Passed December 18, 1846.)
The condition recited in the foregoing act of December 18, 1846,
having been complied with on the part of the United States, David
Johnson, Governor of South Carolina, executed a deed conveying to
the United States the lands, etc., cited in said act. Deed dated June
5, 1848, and recorded in the Mesne Conveyance Office, Charleston Dis-
trict, July 5, 1848, in Book B, No. 12, page 102, etc.
The title to the additions to the original reservation was in the
State of South Carolina, which, by custom sanctioned by legislative
enactment, permitted the occupancy and improvement of the same
by private individuals as tenants from year to year. These additions
Avere granted to the United States by Acts of the State Legislature,
approved December 24, 1894, February 9, 1900, February 8, 1901,
March 2, 1903, February 22, 1905, February 19, 1906, and by Act of
February 20, 1908, as amended by Act of March 4, 1909, upon condi-
tion that the " grant shall not be effectual as to any portion of the
premises * * * in wrhich any person or persons have now any
right, title or interest or upon which any person or persons now own
or have any structures or improvements until the United States of
America shall have compensated such person or persons for such
right, title and interest and for such buildings, structures and im-
provements, and acquired the title of such person or persons thereto."
The metes and bounds of the several reservations comprised under
the post of Fort Moultrie, except the tract 40 by 75 feet, acquired for
" secondary mine-defense observing station " and except the addition
of about 2.25 acres on the west of the original reservation granted
by Act of February 20, 1908, as amended by Act of March 4, 1909,
are published in G. O. No. 140, War Department, August 7, 1906.
The following deeds, etc., release the title of the owners of im-
provements, etc., on Lots comprised within three tracts of land,
designated below as Tracts "A," " B," and " C," which were granted
to the United States by Act of the State Legislature, approved De-
cember 24, 1894 :
Tract A:
Lot 101. Deed from Margaret T. Stone, Executrix, and H. D.
Alexander, Executor, etc., dated February 14, 1896. Kecorded in
Book R, 22, page 176, in the Register's Office of Mesne Conveyances,
Charleston County, South Carolina.
Lot 102. Deed from Hermann Klathe, dated October 28, 1895. Ke-
corded in Book R 22, page 122, same office.
Lot 103. Deed from Harriott R. Simons, dated October 28, 1895.
Recorded in Book R 22, page 126, same office.
Lot 104. Deed from Caroline C. Williams, dated December 12,
1895. Recorded in Book Y 22, page 5, same office.
Lot 105. Decree of Condemnation in case of the United States r.
Pauline S. Heyward, in the Court of Common Pleas in and for the
County of Charleston. Decree made final March 26, 1897.
SOUTH CAROLINA. 351
Lot 106. Deed from Anna L. Walker, dated December 5, 1896.
Recorded in Book R 22, page 387, same office.
Lot 107 and Lot 108. Deed from Mary L. Snowden, dated March
20, 1897. Recorded in Book R 22, page 475, same office.
Lots 119, 120, 121, 126, and 127. Deed from Asher D. Cohen, dated
July 25, 1896. Recorded in Book R 22, page 292, same office.
Lot 122. Deed from Henrietta V. Mazyck, dated November 24,
1896. Recorded in Book R 22, page 374, same office.
Lot 123. Deed from Wilhelmina L. Eason, dated July 27, 1896.
Recorded in Book R 22, page 289, same office.
Lot 124. Deed from E. C. Steinmeyer, Administrator, etc., dated
June 12, 1897. Recorded in Book R 22, page 548, same office.
Lot 125. Deed from Edwin W. Moise, dated February 14, 1896.
Recorded in Book Y 22, page 17, same office.
Lot 128. Deed from Sarah M. Dawson, dated July 28, 1896. Re-
corded in Book R 22, page 291, same office.
Lot 128-a. Deed from J. Alice Arnold, dated December 5, 1896.
Recorded in Book R 22, page 388, same office.
Lot 137. Deed from J. O. Beckman, dated December 27, 1895. Re-
corded in Book Y 22, page 8, same office.
Lot 138. Deed from Euterpe W. Jones, dated December 14, 1895.
Recorded in Book Y 22, page 1, same office.
Lot 139. Deed from Mary Cogswell, dated September 22, 1896.
Recorded in Book R 22, page 328, same office.
Tract B:
Lot 225. Deed from John Vollers, dated April 18, 1896. Recorded
in Book Y 22, page 70, same office.
Lot 226. Decree of Condemnation in case of the United States v.
John V. McNamee, in the Court of Common Pleas in and for the
County of Charleston. Decree made final March 25, 1897.
Lot 239. Deed from the Carolina Savings Bank, dated November
14, 1895. Recorded in Book Y 22, page 4, same office.
Lot 240. Decree of Condemnation in case of the LTnited States v.
A. W. Eckel, in the Court of Common Pleas in and for the County
of Charleston. Decree made final March 25, 1897.
Lot 241. Decree of Condemnation in case of the United States v.
C. M. Drake, in the court of Common Pleas in and for the County of
Charleston. Decree made final March 25, 1897.
Lot 242. Decree of Condemnation in case of the United States v.
Mary L. A. Holton, in the Court of Common Pleas in and for the
County of Charleston. Decree made final March 26, 1897.
Lot 255. Deed from Joseph G. Police, dated July 27, 1896. Re-
corded in Book R 22, page 295, same office.
Lot 256. Decree of Condemnation in case of the United States v.
Johanna Michaelis, in the Court of Common Pleas in and for the
County of Charleston. Decree made final March 26, 1897.
Lot 259. Deed from Anna Josepha Wilson, dated December 13,
1895. Recorded in Book Y 22, page 3, same office.
Lot 260. Deed from Hannah Triest, dated November 7, 1895. Re-
corded in Book R 22, page 123, same office.
352 UNITED STATES MILITARY RESERVATIONS, ETC.
Lot U. and Lot V. Decree of Condemnation in case of the United
States v. M. A. Gilchrist, in the Court of Common Pleas in and for
the County of Charleston. Decree made final March 19, 1897.
Lot W. Deed from Margaret A. S. Gadsden, dated August 6, 1896.
Eecorded in Book R 22, page 340, same office.
Lot X. Deed from W. St. J. Jervey, dated November 2, 1895. Re-
corded in Book R 22, page 125, same office.
Lot Y and Lot Z. Deed from Caroline M. Schachte, dated July 25,
1896. Recorded in Book R 22, page 294, same office.
Tract C:
Lot 243. Deed from M. P. Patterson, dated November 5, 1895.
Recorded in Book R 22, page 127, same office.
Lot 244. Deed from John J. O'Hagan, dated November 7, 1895.
Recorded in Book R 22, page 129, same office.
Lots 245, 246, 263, 264 and 265, were found to be free from private
claims, and title depends solely on grant from State.
Lot 247. Deed from Thomas Roddy, dated November 5, 1895.
Recorded in Book R 22, page 128, same office.
Lot 248. Deed from Auguste C. Bequest, dated March 26, 1896.
Recorded in Book Y 22, page 54, same office.
Lot 249. Deed from John Boyd, Administrator, etc., dated March
20, 1896. Recorded in Book R 22, page 204, same office.
Lot 250. Deed from John C. Boesch, dated December 12, 1895.
Recorded in Book Y 22, page 2, same office.
Lot 267. Deed from Johanna F. C. H. Schroder, dated March 27,
1896. Recorded in Book Y 22, page 55, same office.
Lots 268 and 269. Deed from J. E. Follen, dated November 12,
1895: Recorded in Book Y 22, page 6, same office.
Lot B. Deed from Sarah E. Thompson, dated March 18, 1896.
Recorded in Book R 22, page 202, same office.
The following deeds release the title of the grantors to improve-
ments, etc., on Lots comprised within premises ceded to the United
States by Act of the State Legislature, approved February 9, 1900 :
Lot 131. Deed from Kate Blanchard, dated February 18, 1901.
Recorded in Book X 23, page 46, in the Register's Office of Mesne
Conveyances, Charleston County, South Carolina.
Lot 132. Deed from H. L. P. Bolger, dated February 18, 1901.
Recorded in Book X 23, page 64, same office.
Lot 140. Deed from C. H. Schultz, dated February 18, 1901. Re-
corded in Book X 23, page 125, same office.
Lot 141 and Lot 144. Deed from W. G. Muckenfuss, dated Febru-
ary 18, 1901. Recorded in Book X 23, page 83, same office.
Lot 142. Deed from Mary O. Aimar, dated February 16, 1901. Re-
corded in Book X 23, page 37, same office.
Lot 143. Deed from C. H. Muckenfuss, dated February 18, 1901.
Recorded in Book X 23, page 82, same office.
Lot 145. Deed from William B. Minott, dated February 18, 1901.
Recorded in Book X 23, page 77, same office.
Lot 146. Deed from Anna D. Baer, Administratrix, etc., dated
February 16, 1901. Recorded in Book X 23, page 41, same office.
SOUTH CAROLINA. 353
Lot 147. Deed from W. M. Muckenfuss, dated February 16, 1901.
Recorded in Book X 23, page 87, same office.
Lot 148. Deed from W. G. Muckenfuss, dated February 18, 1901.
Recorded in Book X 23, page 85, same office.
Lot 149 and Lot A-4. Deed from Henrietta V. Mazyck, dated Feb-
ruary 18, 1901. Recorded in Book X 23, page 75, same office.
Lot 150. Deed from Rosa E. Truesdale, dated February 18, 1901.
Recorded in Book X 23, page* 132, same office.
Lot 151. Deed from Josephine McGuire, dated February 16, 1901.
Recorded in Book X 23, page 90, same office.
Lot 152. Deed from Priscilla S. Salters, dated February 16, 1901.
Recorded in Book X 23, page 118, same office.
Lot 153. Deed from A. B. Muckenfuss, dated February 18, 1901.
Recorded in Book X 23, page 80, same office.
Lot 154. Deed from Harriet S. Pringle, dated February 18, 1901.
Recorded in Book X 23, page 111, same office.
Lot 155. Deed from Mattie R. Riggs, dated February 18, 1901.
Recorded in Book X 23, page 113, same office.
Lot 156. Deed from Geo. W. Williams, dated February 16, 1901.
Recorded in Book X 23, page 141, same office.
Lot 157. Deed from Henry Buist, et al., Trustees, dated December
18, 1900. Recorded in Book X 23, page 52, same office.
Lot 158. Deed from A. D. Anderson, dated February 16, 1901.
Recorded in Book X 23, page 38, same office.
Lot 159 and Lot 160. Deed 'from Mary Chambers, et al., dated
February 18, 1901. Recorded in Book X 23, page 54, same office.
Lot 161. Deed from Louis Sherfesee, ct al., dated February 18,
1901. Recorded in Book X 23, page 128, same office.
Lot 162 and Lot 166. Deed from Michael H. Collins, dated Febru-
ary 18, 1901. Recorded in Book X 23, page 61, same office.
Lot 163 and Lot A 14. Deed from John P. De Veaux, dated Feb-
ruary 16, 1901. Recorded in Book X 23, page 70, same office.
Lot 164. Deed from Mary J. O'Neill, dated February 18, 1901.
Recorded in Book X 23, page 108, same office.
Lot 165. Deed from Mary A. Corry, dated February 16, 1901. Re-
corded in Book X 23, page 63, same office.
Lot 167 and Lot A 2. Deed from Henry J. O'Neill, dated Febru-
ary 18, 1901. Recorded in Book X 23, page 102, same office.
Lot 168 and Lot 173. Deed from Benjamin Mclnnes, dated Feb-
ruary 16, 1901. Recorded in Book X 23, page 93, same office.
Lot 169. Deed from Evalena Sharkey, dated January 30, 1901.
Recorded in Book X 23, page 127, same office.
Lot 170. Deed from Richard J. Morris, dated February 16, 1901.
Recorded in Book X 23, page 79, same office.
Lot 171. Deed from John Mclnerny, dated February 16, 1901.
Recorded in Book X 23, page 91, same office.
Lot 172. Deed from Ellen Beasley, elated February 16, 1901. Re-
corded in Book X 23, page 45, same office.
Lot 172J. Deed from Charles Nelson, dated February 16, 1901.
Recorded in Book X 23, page 99, same office.
Lot 174. Deed from Frederick Stent, dated February 25, 1901.
Recorded in Book X 23, page 131, same office.
16809—10 23
354 UNITED STATES MILITAKY RESERVATIONS, ETC.
Lot 175. Deed from Roger McKevlin, dated February 18, 1901.
Recorded in Book X 23, page 96, same office.
Lot 176 and Lot 177. Deed from Thomas Wilson, dated February
18, 1901. Recorded in Book X 23, page 143, same office.
Lot 178. Deed from Cecelia A. McNamee, dated February 18, 1901.
Recorded in Book X 23, page 97, same office.
Lot 179. Deed from Caroline C. Williams, dated February 16, 1901.
Recorded in Book X 23, page 140, same office.
Lot 180. Deed from Julius E. Cogswell, dated February 16, 1901.
Recorded in Book X 23, page 58, same office.
Lot 181. Deed from J. W. Petermann, dated February 16, 1901.
Recorded in Book X 23, page 109, same office.
Lot 182. Deed from Louis Cohen, dated February 16, 1901. Re-
corded in Book X 23, page 59, same office.
Lot 183. Deed from Alexander Mclver, dated February 16, 1901.
Recorded in Book X 23, page 94, same office.
Lot 184. Deed from C. C. Schirmer, dated February 16, 1901. Re-
corded in.Book X 23, page 121, same office.
Lot 185. Deed from Rebie V. Salinas, dated February 20, 1901.
Recorded in Book X 23, page 116, same office.
Lot A. Deed from John C. Wieters, dated February 16, 1901. Re-
corded in Book X 23, page 137; same office.
Lot B. Deed from Charles Litschgi, dated February 16, 1901. Re-
corded in Book X 23, page 74, same office.
Lot C. Deed from Harriet E. Chreitzberg, dated February 18, 1901.
Recorded in Book X 23, page 56, same office.
Lot D. Deed from George L. Buist, dated January 31, 1901. Re-
corded in Book X 23, page 50, same office.
Lot G. Deed from James C. La Coste, et al., dated December 5, 1900.
Recorded in Book X 23, page 71, same office.
Lot H. Deed from Annie P. Yates, dated February 18, 1901.
Recorded in Book X 23, page 145, same office.
Lot I. Deed from Lucius Cuthbert, dated February 19, 1901.
Recorded in Book X 23, page 68, same office.
Lot A-l. Deed from Henry F. Welch, dated February 16, 1901.
Recorded in Book X 23, page 134, same office.
Lot A-3. Deed from Jessie E. W. Welch, dated February 16, 1901.
Recorded in Book X 23, page 135, same office.
Lot A-5. Deed from Laura O. Crawford, dated November 20,
1900. Recorded in Book X 23, page 67, same office.
Lot A-6 and Lot A-12. Deed from Frank Q. O'Neill, dated Feb-
ruary 18, 1901. Recorded in Book X 23, page 100, same office.
Lot A-7. Deed from E. I. Anderson, dated February 16, 1901.
Recorded in Book X 23, page 40, same office.
Lot A-8. Deed from T. McCarrell, dated February 18, 1901. Re-
corded in Book X 23, page 88, same office.
Lot A-9. Deed from Mary G. Baker, dated December 7, 1900.
Recorded in Book X 23, page 43, same office.
Lot A-10. Deed from Mary C. O'Neill, dated December 11, 1900.
Recorded in Book X 23, page 105, same office.
Lot A-ll. Deed from Anna T. Williams, dated February 16, 1901,
Recorded in Book X 23, page 138, same office.
SOUTH CAROLINA. 355
Lot A-13. Deed from James B. O'Neill, dated February 18, 1901.
Recorded in Book X 23, page 104, same office.
Lot A-15. Deed from Margaret Buckley, dated February 25, 1901.
Recorded in Book X 23, page 48, same office.
Lot A-16. Deed from Lizzie J. Robertson, dated February 16,
1901. Recorded in Book X 23, page 115, same office.
Lot A-1T. Deed from Harry C. Schirmer, dated February 16,
1901. Recorded in Book X 23, page 124, same office.
Lot A-18. Deed from Elizabeth B. Schirmer, dated February 16,
1901. Recorded in Book X 23, page 122, same office.
Lot A-19. Deed from Caroline A. Schachte, dated February 16,
1901. Recorded in Book X 23, page 119, same office.
The following deeds release the title of the grantors to improve-
ments, etc., on Lots comprised within premises ceded to the United
States by Act of the State Legislature, approved March 2, 1903.
Lot 81. Deed from Thomas P. O'Hagan, dated April 22, 1905.
Recorded in Book U 24, page 315, in the Register's Office of Mesne
Conveyances, Charleston County, South Carolina.
Lots 82, 86 and 93. Deed from Dennis McKevlin, dated April 15,
1905. Recorded in Book U 24, page 310, same office.
Lot 83. Deed from Susie McKevlin, dated April 12, 1905. Re-
corded in Book U 24, page 306, same office.
Lot 84. Deed from Clerk U. S. Circuit Court, District of South
Carolina, dated May 31, 1905. Recorded in Book U 24, page 361,
same office.
Lot 84-A. Deed from Cecelia Mclnerny, dated April 12, 1905.
Recorded in Book U 24, page 302, same office.
Lot 84-B. Deed from H. S. Svendsen, dated April 12, 1905. Re-
corded in Book U 24, page 308, same office.
Lots 84-C, 96, 114, and 114^. Deed from Bartholomew Buckley,
dated June 1, 1905. Recorded in Book U 24, page 364, same office.
Lots 84i, H5? us, and 134. Deed from John Mclnerny, dated
April 12, 1905. Recorded in Book U 24, page 303, same office.
Lot 85. Deed from Mary F. Jara, dated May 2, 1905. Recorded
in Book U 24, page 327, same office.
Lot 86J. Deed from Thomas J. McKevlin, dated April 15, 1905.
Recorded in Book U 24, page 312, same office.
Lot 87. Deed from Johanna Scharlock and Francis Scharlock,
dated June 16, 1905. Recorded in Book U 24, page 367, same office.
Lot 88. Deed from Annie A. Tobin, dated April 19, 1905. Re-
corded in Book U 24, page 319, &ame office.
Lot 89. Deed from John F. Tobin, dated April 19, 1905. Re-
corded in Book U 24, page 320, same office.
Lot 90. Deed from Maggie Buckley, dated April 22, 1905. Re-
corded in Book U 24, page 326, same office.
Lot. 91. Deed from Hannah Alice O'Hagan, dated May 2, 1905.
Recorded in Book U 24, page 328, same office.
Lot 92. Deed from Clerk U. S. Circuit Court, District of South
Carolina, dated May 31, 1905. Recorded in Book U 24, page 362,
same office.
Lot 94. Deed from Vermille Elizabeth Webb, dated May 2, 1905.
Recorded in Book U 24, page 322, same office.
356 UNITED STATES MILITARY RESERVATIONS, ETC.
Lots 95 and 110. Deed from Henry Behrman, dated June 16, 1905.
Recorded in Book U 24, page 368, same office.
Lot 97. Deed from Isabel Tobias, dated April 20, 1905. Recorded
in Book U 24, page 318, same office.
Lot 98. Deed from Clerk U. S. District Court, Eastern District
of South Carolina, dated January 19, 1906. Recorded in Book U 24,
page 386, same office.
Lot 99. Deed from Mary O. Aimar, dated May 2, 1905. Recorded
in Book U 24, page 323, same office.
Lot 100. Deed from Trustees of Protestant Episcopal Church, in
South Carolina, dated June 22, 1905. Recorded in Book U 24, page
370, same office.
Lot 109. Deed from Priscilla S. Salter, dated April 20, 1905. Re-
corded in Book U 24, page 317, same office.
Lot 109|, Deed from T. S. Blanchard, dated May 3, 1905. Re-
corded in Book U 24, page 324, same office.
Lot 111. Deed from Mary Cahill and Mary Jane Cahill, dated
May 20, 1905. Recorded in Book U 24, page 358, same office.
Lot 112. Deed from Josephine McGuire, dated May 5, 1905. Re-
corded in Book U 24, page 329, same office.
Lot 113. Deed from Mary Frances Touhey, dated May 2, 1905.
Recorded in Book U 24, page 321, same office.
Lot 113|. Deed from Ferdinand Cherry, dated April 12, 1905.
Recorded in Book U 24, page 301, same office.
Lot 116. Deed from Miriam Cohen and Isabel Cohen, dated May
12, 1905. Recorded in Book U 24, page 359, same office.
Lot 117. Deed from Mattie R. Riggs, dated May 15, 1905. Re-
corded in Book U 24, page 357, same office.
Lot 129. Deed from Thomas J. McGolrick, elated August 2, 1904.
Recorded in Book R 24, page 256, same office.
Lot 130. Deed from M. Pozaro, dated August 2, 1904. Recorded
in Book R 24, page 255, same office.
Lot 130-A. Deed from E. A. Svendsen, dated April 12, 1905. Re-
corded in Book U 24, page 307, same office.
Lot 130-B. Deed from Joseph P. Mclnerny, dated May 2, 1905.
Recorded in Book U 24, page 314, same office.
Lot 1301. Deed from C. T. Blanchard, dated April 12, 1905. Re-
corded in Book U 24, page 298, same office.
Lots 133 and 135. Deed from E. S. Burnhain, elated April 12, 1905.
Recorded in Book U 24, page 299, same office.
Lot 136. Deed from William E. Huger, dated April 14, 1905. Re-
corded in Book U 24, page 309, same office.
The following eleeds release the title of the grantors to improve-
ments, etc., on premises ceded to the United States by Act of the State
Legislature, approveel February 22, 1905.
Deed from James A. Truesdell, dated February 18, 1905, conveying
his interest in lands, etc., south of the right of way of the Seashore
Division of the Charleston Consolidated Railway, Gas anel Electric
Company, and east of the street, and the extension thereof southward,
designated as Sixth Street on the plan of Moul-trieville made by
Lamble, surveyor, 1899, and recorded in Book D, page 184, R. M. C.
Office, Charleston County. Deed recorded in Book U 24, page 333,
same office.
SOUTH CAEOLINA. 357
Deed from The Town Council of Moultrieville, dated January 23,
1905, conveying its interest in same premises as above. Recorded in
Book U 24, page 330, same office.
Under Act of February 19, 1906, the United States acquired full
title to the premises granted thereby, being two lots measuring 200 x
225 feet, approximately — it appearing that there were no private
rights therein.
These lots were acquired with the understanding that the Life-
Saving Service should have the permanent use of all of the land ex-
cept a small portion in the northwest corner, measuring 40 feet along
Ion street by 75 feet deep, which was required for a secondary mine-
defense observing station. Pursuant to this understanding the trans-
fer was made by letter to the Secretary of the Treasury, dated Sep-
tember 14, 1906.
The Act of December 24, 1894, provides " That all streets, roads
and highways within the said tracts or parcels of land " (i. e., those
granted by the Act) " are vacated and discontinued from the time the
said grant becomes effectual."
The Act of February 9, 1900, contains the same provision, with the
addition of the words " except as herein otherwise provided." This
is understood to refer to the exceptions from the grant by the words
" excepting from the area described those portions which are occupied
and in use by the public as highways, known as Central Avenue and
Beach Avenue." (Acts of S. C., 1900, page 422.)
The Act of February 8, 1901, grants title to " the land comprising
those portions of Central Avenue and Beach Avenue " which lie be-
tween Pettigru and Sumter streets (L e., those portions within the
reservation), and vacates and discontinues said portion of Beach
Avenue as a public highway ; upon the following provisos :
" That the portion of Central Avenue herein ceded shall be forever
kept open as a public street; and this cession shall in no way interfere
with any private rights, or any franchise heretofore legally granted
with reference to said Central Avenue : And provided, further, That
this State reserves the right to authorize the laying and maintaining
of tracks for railroad or traction purposes on and across the portion
of Central Avenue ceded, or on lands contiguous thereto, and lying
within 15 feet of the same." (Acts of S. C., 1901, page 608.)
The Act of March 2, 1903, contains, substantially, the same provi-
sion vacating streets, etc., within the area granted, with an exception
of Central Avenue, and further provides : " that the portion of Cen-
tral Avenue within the tract herein ceded shall be forever kept open
as a public street, and shall, together with its continuation through
the Government reservation, be kept in proper condition and repair
by the Government ; and this cession shall in no way interfere with
any private rights or any franchise heretofore legally granted with
reference to said Central Avenue : And provided, further, That this
State reserves the right to authorize the laying and maintaining of
tracks for railroad or traction purposes on or across the portion of
Central Avenue ceded, or on lands contiguous thereto, and lying
within fifteen feet of the same." (Acts of S. C., 1903, page 4.)
The Acts of February 22, 1905, and February 19, 1906, contain a
provision vacating " all streets, roads, rights of way, and highways
within said tract or parcel of land * * * from the time the
358 UNITED STATES MILITARY RESERVATIONS, ETC.
said grant becomes effectual, saving such as are expressly excepted or
reserved in this Act " — this exception referring to the following pro-
visions of the Act :
"Provided, further, And the said grant is made subject to the fol-
lowing reservations and exception, to wit: that such portion of the
front beach of said Sullivan's Island included within the limits of
said grant, as lies below a line drawn along said beach twenty (20)
feet above high water mark, and parallel thereto, shall be always
open to the public as a footway and driveway, so that the public
shall have the free and unobstructed right of passage by foot and
carriage upon, over and across the same, subject to the right of the
said United States Government to close and exclusively occupy the
same, so far as the reservations in this proviso are concerned, at the
following times and under the following circumstances, to wit :
1. During hours of actual target practice in, over or upon the said
portion of the said premises (during (or prior to) which time of
closure, due and proper notice of the same shall be given to the
public).
2. During hours of actual military drill in, over and upon the said
portion of the said premises, and
3. During time of war." (Acts of S. C., 1905, page 825.)
The Act of February 20, 1908, as amended by Act of March 4,
1909 (Acts, S. C., 1909, page 180), provides that the portions of
streets and avenues within the tract granted thereby " shall be for-
ever kept open as public streets ;" that the cession " shall in no way
interfere with the private rights of any franchise heretofore legally
granted with reference to Middle Street and Central Avenue;" and
grants the " streets and avenues between the east and west lines of
the original reservation of Fort Moultrie, as said reservation existed
on January first, eighteen hundred and ninety-four * * sub-
ject to the same provisos and conditions."
Jurisdiction was ceded to the United States over the tracts granted
to the United States by the said Acts of December 24, 1894, Febru-
ary 9, 1900, March 2, 1903, February 22, 1905, and February 19, 1906,
in terms, substantially, as follows:
" SECTION 1. Be it enacted, etc. That the right, title and interest
of this state to, and the jurisdiction of this state over, the following
described tracts or parcels of land, and land covered with water,
situated in the town of Moultrieville, on Sullivan's Island, in the
County of Charleston, in this state, be, and the same are hereby,
granted and ceded to the United States of America " (purposes
stated: "As sites for the location, construction and prosecution of
works of fortification and coast defenses " in Act of December 24,
1894 ; same with addition of words " and for the uses of the garri-
son " in Act of February 9, 1900 ; " for the enlargement of the mili-
tary reservation on said island " in Acts of March 2, 1903, February
22, 1905, February 19, 1906, and February 20, 1908, as amended
March 4, 1909) * * * " to wit:" (Here follows descriptions by
metes and bounds of the tracts granted by the several Acts) ; "Pro-
vided, that there is hereby reserved to this State a concurrent jurisdic-
tion for the execution within said lands of all process, civil or crimi-
nal, lawfully issued by the Courts of this State, and not incom-
patible with this cession."
SOUTH CAROLINA. 359
The Act of February 8, 1901, cedes jurisdiction over those portions
of Beach and Central Avenues within the reservation, subject to the
same provision as to service of process.
Easement: The Charleston Consolidated Railway Gas and Electric
Company operates a street car line through the reservation along
Central Avenue, in accordance with the provisions of section 1, of the
Act of the State Legislature, approved March 2, 1903.
Revocable License: License, September 22, 1897, to the Town Coun-
cil of Moultrieville to occupy and use for street purposes a triangular
parcel of land on the reservation.
CASTLE PINCKNEY.
This reservation contains an area of about 3.50 acres, and is sit-
uated on Shute's Folly Island, at the mouth of Cooper River, opposite
the southern extremity of the City of Charleston, and about 1 mile
distant therefrom. The title is as follows :
1. Ceded to the United States by the State of South Carolina by an
act of the Legislature passed December 19, 1805..
2. Land resurveyed and regranted to the United States by an act of
the State Legislature passed December 18, 1846.
For the foregoing acts see Fort Moultrie.
FORT SUMTER.
This reservation contains an area of about 2.4 acres, and is situated
at the entrance to Charleston Harbor, 5 miles from the City of
Charleston, on made island, and midway between Forts Moultrie and
Johnson. The title and jurisdiction were ceded to the United States
by Resolution of the Legislature of South Carolina providing as
follows :
" Resolved, That this State do cede to the United States, all the
right title and claim of South Carolina to the site of Fort Sumter
and the requisite quantity of adjacent territory, Provided, That all
processes, civil and criminal issued under the authority of this State,
or any officer thereof, shall and may be served and executed upon any
of the land so ceded, or structures to be erected upon the same, and
any person there being who may be implicated in law ; and that the
said land, site and structures enumerated, shall be forever exempt
from liability to pay any tax to this State.
"Also resolved, That the State will extinguish the claim, if any
valid claim there be, of any individuals under the authority of this
State, to the land hereby ceded.
"Also resolved, That the Attorney-General be instructed to investi-
gate the claims of Wm. Laval and others, to the site at Fort Sumter,
and adjacent land contiguous thereto; and if he shall be of opinion,
that these parties have a legal title to the said land, that Generals
Hamilton and Hayne and James L. Pringle, Thomas Bennett, and
Ker. Boyce, Esquires, be appointed Commissioners on behalf of the
State, to appraise the value thereof. If the Attorney-General should
be of opinion that the said title is not legal and valid, that he proceed
by scire facias or other proper legal proceedings to have the same
avoided; and that the Attorney-General and the said Commissioners
report to the Legislature at its nex^ session.
360 UNITED STATES MILITARY RESERVATIONS, ETC.
The foregoing Resolution was recorded in Book C, No. 11, page
310, etc., in the Register's Office of Mesne Conveyances at Charleston
July 9, 1840.
FORT WINYAW.
This reservation contains an area of about 7 acres and is situated
on what is called Blythe's Point, at the mouth of Sampit Creek or
Georgetown River, Georgetown Harbor, in Georgetown District.
The title is as follows :
Deed from Joseph Blythe, dated April 21, 1812, conveying 7 acres,
on Blythes Point. Recorded in Book J, page 141, etc., in the Regis-
ter's Office for Mesne Conveyances for the Georgetown District, May
13, 1812, and in Book G, No. 8, page 30, etc., in the Register's Office
for Mesne Conveyances for the Charleston District, April 29, 1812.
Consent to the purchase was given and jurisdiction ceded by Acts
of the State Legislature, passed December 19, 1805, and December 17,
1808, which acts are as follows:
(For Act passed December 19, 1805, see Fort Moultrie.)
" Whereas by an act passed the nineteenth day of December, one
thousand eight hundred and five, entitled 'An Act to cede to the
United States various forts, fortifications and sites for the erection
of forts ' it is enacted tliat a quantity of land not exceeding four
acres for a battery or fort and necessary buildings on Doctor Blythe's
point of land at the mouth of Sampit river shall be ceded to the
United States, and wrhereas it is necessary to cede a greater quantity
of land for the purposes aforesaid :
" 1. Be it therefore enacted, etc., That there shall be and hereby is
granted to the United States of America, all the right title and claim
of the State to a quantity of land not exceeding six acres on Doctor
Blythe's point of land at the mouth of Sampit river adjoining and in
addition to the quantity of land not exceeding four acres by the act
aforesaid granted to the United States for a battery or fort and
necessary buildings.
" 2. And be it enacted, etc., That Joseph Alston, Savage Smith,
Benjamin Hager, John Keith, and Paul Trapier or any three of them
be and they are hereby appointed Commissioners and authorized to
locate by proper metes and bounds at the expense of this State so far
as the charges of surveyors shall be incurred, the above mentioned
quantity of land, and who shall return into the Office of the Secretary
of this State on or before the first day of June in the year one thou-
sand eight hundred and nine, a fair plat of survey and accurate
description of the said land so ceded, setting forth the limits and
bounds of the same.
" 3. And be it further enacted, etc., That all the provisions restric-
tions and clauses contained in the aforesaid Act applicable and rela-
tive to the quantity of land not exceeding four acres of land on Doctor
Blythe's point of land at the mouth of Sampit river thereby ceded
to the United States shall be, and the same are hereby declared to be
applicable and relative to the quantity of land not exceeding six acres
by this act ceded and granted to the United States."
Revocable License: License, January 13, 1857, .to the Treasury
Department to occupy a portion of the reservation for light house
purposes.
SOUTH DAKOTA. 361
SOUTH DAKOTA.
FORT MEADE.
This reservation contains an area as follows: Post reservation,
12.50 square miles, and Wood and Timber reservation 27,293 acres.
It is situated in Meade County, near the town of Sturgis, on the
Fremont, Elkhorn and Missouri Valley Railroad. The title is as
follows :
As a part of the public domain the following reservations were
made :
1. By Executive Order dated December 18, 1878, Post reservation
was declared.
2. By same authority, dated April 18, 1881, Wood and Timber
reservation decla m 1 .
3. Executive Order dated May 27, 1885, modified original order.
4. Executive Order dated September 16, 1889, Wood and Timber
reservation enlarged.
The following part of the Post reservation was acquired by pur-
chase :
Twenty-one acres, more or less, fully described in a deed from
William McMillan and wife, dated April 2, 1889. Recorded in Book
G7, page 338, etc., of the deed records of Lawrence County. See
G. O. No. 78, War Dept., April 18, 1906.
Jurisdiction was ceded to the United States by Paragraph 5, of
Section 18, Article 26, of the Constitution of South Dakota, as
follows :
" Fifth. That jurisdiction is ceded to the United States over the
military reservations of Fort Meade, Fort Randall, and Fort Sully,
heretofore declared by the President of the United States: Provided,
Legal process, civil and criminal, of this State shall extend over such
reservations in all cases of which exclusive jurisdiction is not vested
in the United States, or of crimes not committed within the limits of
such reservations."
Easement: Act of Congress, approved February 28, 1887, granted
a right of way 100 feet in width across the reservation to the Fre-
mont, Elkhorn and Missouri Valley Railroad Company. Definite
location approved by Secretary of War, June 16, 1887.
Revocable Licenses: License, August 4, 1882, to Mrs. M. E. Fletcher
to take water from Bear Creek by means of a ditch running about 300
feet through the reservation.
License, February 6, 1885, to citizens of town of Sturgis to con-
struct a road across the southeast corner of the reservation.
License, July 20, 1897, to The Sturgis Electric Light and Railway
Company to lay tracks and erect poles and wires on the reservation.
License, April 28, 1906, to The Nebraska Telephone Co., for tele-
phone system on reservation.
License, September 16, 1908, to A. Reed for telephone line across
reservation.
License, November 19, 1908, to The Nebraska Telephone Co., for
telephone line across reservation.
362 UNITED STATES MILITARY RESERVATIONS, ETC.
MILITIA TARGET RANGE.
This range is situated near Watertown, in Codington County, and
comprises an area of about 110 acres. The title is as follows :
1. Deed from H. D. Walrath, et ux., dated December 4, 1906, con-
veying 40 acres, subject to an easement for water pipes. Recorded
in Book 71 of Deeds, page 18, Deed Records of Codington County.
2. Deed from C. W. Stutenroth, et ux., dated October 7, 1908, con-
veying about 70 acres. Recorded in Book 77 of Deeds, page 60, of
same records.
TENNESSEE.
ACT CEDING JURISDICTION OVER NATIONAL CEMETERIES.
" Whereas in the late bloody sacrifice to restore and maintain to
the people of Tennessee the imperiled free institutions of our fathers,
more than fifty-five thousand of our fallen patriots were buried in
our State, and the Government of our Common Union has provided
appropriate cemeteries for the remains of these victims of rebellion
and requires that these cemeteries be held sacred under the protection
of the Nation : Therefore,
" SECTION 1. Be it enacted, etc., That the exclusive jurisdiction over
the several tracts of land and parcels of ground with the appur-
tenances thereto, obtained, purchased, used or occupied for burial
purposes by or for the United States hereinafter described by their
names and location, with the premises thereto attached for officers'
and soldiers' quarters and for guards is hereby ceded to the United
States: Provided, however, That jurisdiction thereof shall be re-
tained by the State of Tennessee so far as to punish offenders against
this law by presentment or indictment and fine or imprisonment as
hereinafter provided :
" Knoxville National Cemetery, in Knox County, containing about
4 acres.
" Chattanooga National Cemetery, in Hamilton County, containing
about 75 acres.
" Stones River National Cemetery, in Rutherford County, contain-
ing about 16 acres.
" Shiloh National Cemetery, in Hardin County, containing about
10 acres.
" Cumberland River National Cemetery, in Stewart County, con-
taining about 25 acres.
" Mississippi River National Cemetery, in Shelby County, contain-
ing about 25 acres.
"Nashville National Cemetery (on Craighead place, so called), in
Davidson County, containing about 64 acres.
" Columbia National Cemetery, in Maury County, containing about
acres.
" Cumberland Gap National Cemetery, in Claiborne County, con-
taining about 2 acres.
" Hazen's 'Brigade National Cemetery, in Rutherford County, con-
taining about 2 acres.
" SEC. 2. That the exclusive jurisdiction over all tracts and parcels
of land, with the buildings and appurtenances belonging to the same
TENNESSEE. 363
including the quarters for Officers, Keepers, Guards or Soldiers in
charge of the same, and the premises connected therewith, now or at
any time hereafter purchased, used or occupied by the United States,
their Officers or Agents, for Cemeteries or burial places within the
limits of this State, is hereby ceded to the United States, and when-
ever such premises shall be no longer required, used or occupied by
the United States, the jurisdiction of such abandoned property may
revert to the State of Tennessee.
" SEC. 3. The property over which jurisdiction is ceded herein shall
be held exonerated and free from any taxation, or assessment under
the authority of this State or of any municipality therein, until the
jurisdiction shall have reverted, and the title and possession to said
cemeteries, grounds, buildings and appurtenances shall be protected
to the United States, and no process of any court shall be permitted
against the same, or to dispossess the Officers or Agents of the United
States, thereof, without restricting any just claim for damages or
value, in the form or mode provided by the United States for prose-
cuting the same.
" SEC. 4. That any malicious, wilful, reckless or voluntary injury
to, or mutilation of the graves, monuments, fences, shrubbery, orna-
ments, walks or buildings of any of said Cemeteries or burial places
or appurtenances, shall subject the offender or offenders, each, to a fine
of not less than twenty dollars, to which may be added, for an aggra-
vated offense, imprisonment not exceeding six months in the County
Jail or Work-house, to be prosecuted before any Court of competent
jurisdiction.
" SEC. 5. That this act shall take effect and be in force from and
after its passage."
(Passed March 9, 1867. Code of Tenn., 1884, sec. 72.)
CHATTANOOGA NATIONAL CEMETERY.
This reservation contains an area of 129.53 acres, about 75 acres in-
closed. It is situated at Chattanooga, Hamilton County. The ceme-
tery was founded by order of Maj. Gen. George H. Thomas, Decem-
ber 25, 1863, in commemoration of the Battle of Chattanooga fought
November 23, 24, 25, 26 and 27, and to provide a proper resting place
for the remains of the brave men who fell upon the fields fought over
upon those days, and for the remains of such as may hereafter give
up their lives in this region in defending their country against trea-
son and rebellion. The hill beyond the Western and Atlantic Rail-
road in a southeasterly direction from the city of Chattanooga was
selected as the site. Board appointed to appraise land, etc., by
Special Order 82, Headquarters Military Division of Tennessee, re-
ported with recommendations to conform to Act of Congress ap-
proved February 22, 1867. Approved by the Secretary of War
March 23, 1867. A portion of the land within the present area for-
merly belonged to the United States, and was known as the Military
Post of Chattanooga. This portion was by order of the War Depart-
ment, dated February 5, 1884, declared to be a part of the National
Cemetery. The title to the reservation is as follows :
1. Deed from Robert M. Hooke, dated July 14, 1870, conveying
48.92 acres of land. Recorded in Book T, pages 142 and 143, of the
deed records of Hamilton County.
364 UNITED STATES MILITARY RESERVATIONS, ETC.
2. Deed from T. G. Montague, dated August 12, 1870, conveying
3/5 acres of land.
3. Deed from H. F. Parrish, dated August 16, 1870, conveying a
tract by metes and bounds. Recorded in Book T, pages 226 and 227,
of same records.
4. Decree of Condemnation in the District Court of the United
States for the Eastern District of Tennessee, in the case of Joseph
Ruohs et al. v. The United States, involving the whole of the lands
within said reservation, as follows: Lands owned by Joseph Ruohs,
75.45 acres; lands owned by Robert M. Hooke, 48.92 acres; lands
owned by J. R. Slayton, 2.82 acres, and lands owned by the heirs of
John Ambler, deceased, 2.34 acres, the whole aggregating 129.53 acres
of land. Decree made final February 20, 1869, and filed with the
record in said cause in the Clerk's office of said Court at Knoxville.
By Ordinance, dated February 7, 1882, the city of Chattanooga
granted to the United States that portion of Montgomery Avenue
from its intersection with Market Street, eastwardly to the city limits;
also certain land to continue the road to the cemetery.
Jurisdiction was ceded by Act of the State Legislature passed
March 9, 1867, ante.
Easement: By Act of Congress, approved May 1, 1886, the city of
Chattanooga was granted the right to construct a roadway 60 feet
in width and about 860 feet in length across the reservation.
By deed dated February 20, 1905, the Secretary of War, pursuant
to Joint Resolution of Congress, approved February 3, 1905, turned
over to Troop B, Unattached Cavalry, National Guard of Tennessee,
that portion of the cemetery reservation " lying outside of said ceme-
tery and west of the south gate thereof," subject to the limitations
and provisions of said Joint Resolution, including the reservation of
the right to use the premises for military purposes.
CHICKAMAUGA AND CHATTANOOGA NATIONAL PARK.
See " Chickamauga and Chattanooga National Park," under
Georgia.
FORT DONELSON NATIONAL, CEMETERY.
This reservation contains an area of 15.34 acres, about 5 acres in-
closed, and is situated at Dover, on the 'Cumberland River, in Stewart
County. The title is as follows:
Dee'd from James P. Flood and Nathan Brandon, dated April 23,
1867, conveying the above tract. Recorded in Book A, page 197,
of the deed records of Stewart County.
Jurisdiction was ceded by act of the State Legislature approved
March 9, 1867, ante.
HAZEN MONUMENT.
This reservation contains an area of 145 poles of land, and is situ-
ated in Rutherford County, near Murfreesboro, between the Nash-
ville, Murfreesboro and Shelbyville Turnpike and the Nashville and
Chattanooga Railroad. The title is as follows :
1. Decree of Condemnation for above property in a proceeding en-
titled R, D. Jamison, Administrator, etc., et al. v. J. B. Cowan et al.,
TENNESSEE. 365
in the Chancery Court for Rutherford County; rendered at the Oc-
tober term, 1874. Sale upon decree. Purchased by the United States
February 1, 1875, and confirmed April 26, 1875. Decree, Order and
Report, and Confirmation of sale filed with the record in the Clerk's
Office of said Court,
2. Deed from J. W. Sparks, Clerk and Master of the Chancery
Court at Murfreesboro, for Rutherford County, dated May 5, 1875,
conveying the property in accordance with above decree. Registered
in Book 21, page 144, and noted in Notebook 2, page 11, of the deed
records of Rutherford County.
For jurisdiction see Act of March 9, 1867, ante.
KNOXVILLE NATIONAL CEMETERY.
This reservation contains an area of 9.83 acres of land, to which is
added a right of way, and is situated at Knoxville, in Knox County.
The title is as follows :
1. Deed from John Damron, dated June 10, 1867, conveying 10
acres of land, more or less. Registered in Book F, Vol. 3, page 137.
of the deed records of Knox County.
2. Appraisement of above land and Decree of Court in cause of
John Damron v. The United States, rendered May 22, 1867, in the
District Court of the United States for the Eastern District of Ten-
nessee, and filed in the Clerk's Office of said Court at Knoxville.
The right of w^ay from a point in the city of Knoxville to the
National Cemetery was procured by authority of an Act of Congress,
approved July 28, 1886, and title is as follows :
1. Right of Way granted January 5. 1886, by the Road Commis-
sioner of the Second District of Knox County.
2. Right of Way granted (and jurisdiction to manage, etc.) Sep-
tember 3, 1886, by the Mayor and Aldermen of the City of Knoxville.
Ordinance filed in the Clerk's Office at Knoxville. The validity of
this grant has been questioned as being ultra vires.
Jurisdiction was ceded by Act of the State Legislature, approved
March 9, 1867, ante.
MEMPHIS NATIONAL CEMETERY.
This reservation contains an area of 43.91 acres, about 37 acres in-
closed. It is situated about 7 miles from Memphis, in Shelby County.
The title is as follows :
1. Deed from William Sides, dated February 20, 1867, conveying
8 acres of land. Recorded in Record Book No. 68, page 156, etc., of
the deed records of Shelby County.
2. Deed from Augustus Alston, Clerk and Master in Chancery,
dated April 8, 1867, conveying 16 acres of land. Recorded in Rec-
ord Book No. 68, page 216, etc., of same records.
3. Deed from Coleman Boyd, surviving partner, etc., et al., dated
May 23, 1868, conveying 19.91 acres of land.
For jurisdiction see Act of March 9, 1867, ante.
366 UNITED STATES MILITARY RESERVATIONS, ETC.
MILITIA TARGET RANGE.
This range is situated in Knox County, and comprises an area of
120.9 acres. The title is as follows :
1. Deed from Harry Gpdby Tarvin, et ux., dated August 10, 1907,
conveying Lot 1, containing 53 acres. Recorded in Book 218, page
288, of the Deed Records of Knox County.
2. Deed from John Cogle Tarvin, et ux., dated August 10, 1907,
conveying two tracts, aggregating 67.9 acres. Recorded in Book 218,
page 287, of same records.
NASHVILLE NATIONAL CEMETERY.
This reservation contains an area of 65 acres, about 60.60 acres in-
closed. It is situated 6 miles north of Nashville, on the Gallatin
Turnpike, and 1£ miles from Madison, in Davidson County. The
title is as follows :
1. Deed from Morton B. Howell, Clerk and Master of the Chan-
cery Court at Nashville for the County of Davidson, dated July 3,
1866, conveying 45.91 acres of land. Registered in Book No. 38,
page 648, of the deed records of Davidson County.
2. Decree of Condemnation and sale ordered of 17 acres and 156
poles in cause wherein Peter Anderson was plaintiff and McRoberts
and McKee defendants, in the Chancery Court for the County of
Davidson, at Nashville. Land purchased by the United States
August 11, 1866. Decree, report, and sale confirmed by the Chancery
Court January 19, 1867, and recorded in Minute Book L, pages 276 to
280, inclusive, in the Clerk's Office of said Court at Nashville.
3. Deed from J. Watts Judson, dated October 17, 1879, conveying
1.50 acres. Registered in Book No. 63, pages 360 and 361, of the deed
records of Davidson County.
Jurisdiction was ceded by Act of the State Legislature, approved
March 9, 1867, ante.
PITTSBURG LANDING NATIONAL CEMETERY.
This reservation contains an area of 10.05 acres, about 9 acres in-
closed. It is situated on the Tennessee River at Pittsburg Landing,
in Hardin County. The title is as follows :
Decree of Condemnation for the above premises in the cause en-
titled The United States v. Mary A. Harmon et al., in the United
States District Court for the District of West Tennessee. Decree
rendered January 6, 1869, and filed with the record of said cause in
the Clerk's Office of said Court at Memphis.
Jurisdiction was ceded by Act of the State Legislature, approved
March 9, 1867, ante.
SHILOH NATIONAL CEMETERY.
See " Pittsburg Landing National Cemetery."
SHILOH NATIONAL MILITARY PARK.
This Park, situated in Hardin County, near the Tennessee River,
was established under authority of an Act of Congress, approved
TENNESSEE. 367
December 27, 1894, being "An Act to establish a National Military
Park at the battlefield of Shiloh." It contains 3,225 acres, more or
less.
The title is as follows :
1. Deed from George W. L. Smith and wife, dated September 28,
1896, conveying 85.18 acres of land. Recorded in Book Z, page 15,
etc., of the deed records of Hardin County.
2. Deed from Samuel Chambers and wife, dated January 2, 1897,
conveying 101 acres of land. Recorded in Book Z, page 323, etc., of
same records.
3. Deed from Thomas Walker, dated January 2, 1897, conveying
206.05 acres. Recorded in Book Z, page 206, etc., of same records.
4. Deed from W. G. Petty and wife, dated April 17, 1897, convey-
ing 206.15 acres. Recorded in Book Z, page 331, etc., of same records.
5. Deed from W. G. Petty and wife, dated April 17, 1897, convey-
ing 204.97 acres of land. Recorded in Book Z, page 342, etc., of
same records.
6. Deed from P. N. Tilghman and wife, dated April 26, 1897, con-
veying 79.08 acres of land. Recorded in Book Z, page 329, etc., of
same records.
7. Decree of Condemnation of 180.90 acres of land in cause No.
2274, The United States v. W. C. and O. C. Meeks, in the District
Court of the United States, within and for the Eastern Division of
the Western District of Tennessee, in the Sixth Judicial Circuit
thereof. Rendered April 27, 1897, and filed with the record in said
cause in the Clerk's Office of said Court in the City of Jackson.
8. Deed from Samuel Chambers and wife, dated February 23, 1897,
conveying 65.11 acres. Recorded in Book A A, page 241 etc., of the
records of Hardin County.
9. Deed from James J. Fraley and wife, dated August 26, 1897,
conveying 160.45 acres. Recorded in Book A A, page 65 etc., of same
records.
10. Deed from James J. Fraley and wife, dated September 11,
1897, conveying 52.52 acres. Recorded in Book A A, page 67 etc.,
of same records.
11. Deed from W. G. Petty and wife, dated November 29, 1897,
conveying 151.31 acres. Recorded in Book A A, page 243 etc., of
same records.
12. Deed from Samuel Chambers and wife, dated December 1, 1897,
conveying 385.77 acres. Recorded in Book A A, page 247 etc., of
same records.
13. Deed from W. A. Rowsey and wife, dated December 1, 1897,
conveying 89.65 acres. Recorded in Book A A, page 72 etc., of same
records.
14. Deed from S. M. Rogers and wife, dated December 13, 1897,
conveying 69.81 acres. Recorded in Book A A, page 64 etc., of same
records.
15. Deed from Samuel Chambers and wife, dated December 29,
1897, conveying 56.94 acres. Recorded in Book A A, page 365 etc.,
of same records.
16. Deed from John R. Duncan and wife, et al., dated January 8,
1898, conveying 168.84 acres. Recorded in Book A A, page 245, etc.,
of same records.
368 UNITED STATES MILITARY RESERVATIONS, ETC.
17. Deed from D. H. Cantrell and wife, dated January 8, 1898,
conveying 36.28 acres. Kecorded in Book A A, page 69, of same
records.
18. Deed from Geo. H. Hurley and wife, dated January 8, 1898,
conveying 43.50 acres. Recorded in Book A A, page 71, of same
records.
19. Deed from J. W. Lowell and wife, dated January 8, 1898, con-
veying 37.54 acres. Recorded in Book A A, page 63, etc., of same
records.
20. Deed from Ervin P. Tillman and wife, dated January 8, 1898,
conveying 35.55 acres. Recorded in Book A A, page 369, etc., of
same records.
21. Deed from F. M. Hagy and wife, dated December 28, 1898,
conveying 211.54 acres. Recorded in Book B B, page 122, etc., of
same records.
22. Deed from W. G. Petty and wife, dated January 7, 1899, con-
veying 146.59 acres. Recorded in Book A A, page 364, of same
records.
23. Deed from Samuel Chambers and wife, dated January 7, 1899,
conveying 31.20 acres. Recorded in Book B B, page 129, etc., of
same records.
24. Deed from James W. Bell and wife, dated January 7, 1899,
conveying 72.21 acres. Recorded in Book A A, page 315, etc., of
same records.
25. Deed from Hugh D. Harris and wife, dated January 7, 1899,
conveying 1 acre. Recorded in Book A A, page 431, of same records.
26. Deed from A. W. Walker and wife, dated January 9, 1899,
conveying 172.60 acres. Recorded in Book A A, page 367, of same
records.
27. Deed from M. C. McDaniel and wife, dated August 10, 1899,
conveying 7.26 acres. Recorded in Book B B, page 130, etc., of same
records.
28. Deed from Samuel Chambers and wife, dated March 16, 1903,
conveying 2.4 acres. Recorded in Book D D, page 230, etc., of same
records.
29. Deed from O. H. P. Cantrell and wife, dated July 14, 1903,
conveying 75.08 acres. Recorded in Book D D, page 251, etc., of
same records.
30. Deed from O. H. P. Cantrell, dated September 1, 1908, con-
veying 88.74 acres. Recorded in Book H H, page 508, of same
records.
Jurisdiction was ceded by act of the State Legislature approved
April 29, 1895, which provides as follows :
"Whereas, The Congress of the United States has by an act, ap-
E roved December 27, 1894, appropriated seventy-five thousand dol-
irs for the purchase of the battle-field of Shiloh, in the State of
Tennessee, and for beginning the establishment of a National Mili-
tary Park thereon, where the history of all military organizations
engaged in that battle is to be impartially preserved by tablets and
monuments, and where all the States which had troops in the en-
gagement are to have equal rights and recognition :
" SECTION 1. Be it enacted, etc., That upon the acquisition of title
by the United States, through the payment of such sum as may be
TENNESSEE. 369
agreed upon with the respective owners, or fixed by the decree of any
court which may have proper and legal jurisdiction of the matter,
the jurisdiction of the State of Tennessee over the said tract thus
acquired, its lands and roads, is hereby ceded to the United States for
the purposes set forth in said Act of Congress, approved December
27th, 1894, establishing the said Shiloh National Military Park — that
is to say, over a tract situated in Hardin County, or in Hardin and
McNairy Counties, in the State of Tennessee, or over so much thereof
as the Commissioners of the park may deem necessary to acquire, to
wit : Beginning at low-water mark on the north bank of Snake Creek,
where it empties into the Tennessee River; thence westwardly in a
straight line to the point where the river road to Crump's Landing,
Tennessee, crosses Snake Creek; thence along the channel of Snake
Creek and Owl Creek; thence along the channel of Snake Creek to
Owl Creek ; thence along the channel of Owl Creek to the crossing of
the road from Hamburg to Purdy ; thence southwardly in a straight
line to the intersection of an east and west line drawn from the point
where the road to Hamburg, Tennessee, crosses Lick Creek, near the
mouth of the latter ; thence eastward along the said east and west line
to the point where the Hamburg road crosses Lick Creek; thence
along the channel of Lick Creek to the Tennessee River ; thence along
the low- water mark of the Tennessee River to the point of beginning,
and such other lands contiguous thereto as the said park commis-
sioners may consider it necessary to acquire: Provided, That this
cession is upon the express condition that the State of Tennessee shall
so far retain a concurrent jurisdiction over said lands and roads, as
that all civil and criminal processes issued under the authority of the
State of Tennessee may be executed thereon in like manner as if this
Act had not been passed.
" SEC. 2. Be it enacted, etc., That this Act shall take effect from
and after its passage, the public welfare requiring it." (Acts of
Tenn., 1895, p. 117.)
Revocable License: July 31, 1906, to the Tulu Telephone Co. for
telephone line through the park.
STONES RIVER NATIONAL, CEMETERY.
This reservation contains an area of 20.10 acres of land, about
18.45 acres inclosed. It is situated about 3 miles from Murfreesboro,
in Rutherford County. The title is as follows:
1. Deed from James M. Tompkins, Clerk and Master of the Chan-
cery Court for Rutherford County, dated July 10, 1868, conveying
7 acres and 69 poles of land. Recorded in Book No. 16, pages 30 and
31, of the deed records of Rutherford County.
2. Deed from James M. Tompkins, dated February 10, 1868, con-
veying 8 acres and 105 poles of land. Recorded in Book No. 15, page
357, of same records.
3. Deed from James M. Tompkins, dated August 10, 1868, con-
veying 4 acres of land. Recorded in Book 16, pages 31 and 32, of
same records.
Jurisdiction was ceded by Act of the State Legislature approved
March 9, 1867, ante.
16809—10 24
370 UNITED STATES MILITARY RESERVATIONS, ETC.
TEXAS.
GENERAL ACTS OF CESSION.
Section 34 of Article 16 of the Constitution of Texas provides :
" The legislature shall pass laws authorizing the governor to lease
or sell to the Government of the United States a sufficient quantity of
the public domain of the state necessary for the erection of forts,
barracks, arsenals and military stations or camps, and for other
needful military purposes; and the action of the governor therein
shall be subject to the approval of the legislature."
Under the foregoing constitutional enactment, the State legislature
passed the Acts of December 19, 1849; February 12, 1854; April 4,
1871 ; and November 28, 1871, giving consent to the purchase or con-
demnation of lands for military and other purposes by the United
States: providing for the cession of jurisdiction thereto and other
matters in connection therewith, which acts provide as follows (see
Bev. Stats, of Texas, 1895, p. 102, and Sayles' Texas Civil Statutes,
1897, vol. 1, pp. 172-174) :
" SECTION 1. Be it enacted, etc., That the United States be, and
they are hereby authorized and empowered to purchase, acquire,
hold, own, occupy and possess such land or lands, within the limits
of this S^ate, as they shall judge it expedient and shall seek to
occupy and hold, as sites on which to erect and maintain lighthouses,
forts, garrisons, military stations, magazines, arsenals, dock-yards,
and other needful buildings, or any of them, as contemplated and
provided in the constitution of the United States; said purchases to
be effected either by contract with the owner or owners of said land
or lands or in the manner hereinafter provided."
(Section 2 provides a method of acquiring the lands when the
agent of the United States and owner or owners cannot agree for the
sale and purchase; also provides a method of appraisement.)
(Section 3 provides for the same, etc., when the owner or owners
are unknown.)
" SEC. 4. Be it further enacted, That whenever the United States
shall contract for, purchase or acquire any land or lands, within the
limits of this State, for the purposes aforesaid, in either of the modes
above mentioned and provided, and shall desire to acquire constitu-
tional jurisdiction over such land or lands, for said purposes, it shall
and may be lawful for the Governor of this State, upon application
made to him in writing, on behalf of the United States, for that pur-
pose, accompanied by the proper evidence of said purchase, contract
or acquisition, of record, describing the land or lands sought to be
ceded by convenient metes and bounds, in the name and behalf of
this State, to cede to the United States exclusive jurisdiction over the
land or lands so purchased or acquired and sought to be ceded to the
United States, to hold, use, occupy, own, possess and exercise said
jurisdiction over the same for the purposes aforesaid: Provided
always, the consent aforesaid is hereby given, and the cession afore-
said is to be granted and made as aforesaid upon the express condi-
TEXAS. 371
tion that this State shall retain a concurrent jurisdiction with the
United States, in and over the land or lands so to be ceded and every
portion thereof, so far, that all process, civil or criminal, issuing
under the authority of this State, or any of the Courts or judicial
officers thereof, may be executed by the proper officers thereof, upon
any person or persons amenable to the same, within the limits and
extents of the land or lands so ceded, in like manner or to like effect
as if this act had never been passed — saving, however, to the United
States, security to their property within said limits and extent, an
exemption of the same and of said land or lands from any taxation,
under the authority of this State, whilst the same shall continue to
be owned, held, used and occupied by the United States for the pur-
poses above expressed and intended and not otherwise." (Act
approved December 19, 1849.)
" SECTION 1. Be it enacted by the Legislature of the State of
Texas, That in all cases where the State of Texas may be the owner
of the land which the United States may select, and wish to acquire
and occupy for any of the purposes specified in the first section of the
Act to which this is supplemental, it shall be lawful for the Governor
of this State to contract and agree for the sale thereof and upon the
payment thereof by the United States of the purchase money into the
Treasury of this State, it shall be the duty of the Commissioner of
the General Land Office upon the order of the Governor, to issue a
patent to the United States in like manner as other patents are
issued.
" SEC. 2. That whenever the United States shall become the pur-
chaser of any land in the manner pointed out in the preceding section
and shall desire to acquire constitutional jurisdiction over the same,
for any of the purposes specified in the first section of the said act to
which this is supplemental, it shall be lawful for the Governor of
this State to cede said jurisdiction to the United States in the same
manner and under the same restrictions, as by the fourth section of
said act he is authorized to make such cession on lands acquired by
the United States in the manner therein authorized." (Act approved
February 13, 1854, supplemental to Act of December 19, 1849.)
"SECTION 1. Be it enacted, etc., That the consent of the Legisla-
ture of the State of Texas be and the same is hereby given to the
purchase, by the Government of the United States, or under the
authority of the same, of any tract, piece or parcel of land, from any
individual or individuals, bodies politic or corporate, within the
boundaries or limits of the State, for the purpose of erecting therein
light-houses and other needful public buildings whatever; and all
deeds, conveyances of title papers for the same shall be recorded, as
in other cases, upon the land records of the county in which the land
so conveyed may lie; and in like manner may be recorded a sufficient
description, by metes and bounds, courses and distances of any tract
or tracts, legal divisions of any public land belonging to the United
States, which may be set apart by the General Government for any or
either of the purposes before mentioned, by an order, patent or other
official document or paper so describing such land. The consent
herein and hereby given being in accordance with the seventeenth
clause of the eighth section of the first article of the Constitution of
the United States, and with the acts of Congress in such cases made
and provided.
372 UNITED STATES MILITARY RESERVATIONS, ETC.
" SEC. 2. The lots, parcels or tracts of land so selected, together
with the tenements and appurtenances for the purposes before men-
tioned, shall be held exempt from taxation by the State of Texas."
(Act approved April 4, 1871.)
" SECTION 1. Be it enacted, etc.. That section two of ' An Act for
ceding to the United States jurisdiction of certain lands in this State
for public purposes,' approved December 19, 1849, be so amended that
hereafter it shall read as follows: If the Executive Officer, or other
authorized agent employed by the United States to make such pur-
chase or purchases, and the owner or owners of the land or lands, con-
templated to be purchased as aforesaid, can not contract or agree for
the sale and purchase thereof, it shall be lawful for such officer, or
other agent, to apply in writing to the judge of the district court of
the county in which such land or lands, or the greater portion thereof,
may be situated, to estimate the value of such land or lands in the
manner hereinafter mentioned, and to order a conveyance of the same
to the United States for the purposes aforesaid; whereupon it shall
be the duty of said judge, and he is hereby authorized and empow-
ered, after reasonable notice given to said owner or owners, their legal
representatives or guardians, to hear and finally determine the value
of the land or lands in question by a competent jury, under oath, to
be summoned by the sheriff or the proper officer of said court, for that
purpose, or by a committee of three persons, such as shall be agreed
upon and appointed by the parties aforesaid, such committee, if
agreed on and appointed as aforesaid, to be duly sworn faithfully
and impartially to value the land or lands last aforesaid, and the
value thereof being thus ascertained to the satisfaction of said judge
after survey thereof, duly made under the direction of himself, or by
consent of said parties, and after such other proceedings in the prem-
ises as he shall deem right and proper he shall order and decree the
same to be conveyed in due form to the United States, to be held,
owned and possessed by them for the purposes aforesaid and none
other ; Provided, That the amount of such valuation with the reason-
able costs of such owner or owners attending such proceedings shall be
paid to him, her or them, or into said court for his, her or their use
before execution or record of such conveyance, and; provided more-
over, that if it shall appear to said judge, upon objection made by
such owner or owners, their representatives or guardians, that the
quantity of any given tract, parcel or extent of land sought to be
purchased as aforesaid is greater than reasonable, he may, in his dis-
cretion, refer the matter of such objection to the Governor of this
State for his determination, and, Provided further, That if the Exec-
utive Officer, or other authorized agent employed by the United
States to make such purchase as contemplated in this act, shall desire
to purchase any land or lands owned by private party or parties and
not situated within the limits of any county in this State, then, in
such case, upon application being made by the said officer or agent of
the United States, to the Governor of this State, it shall be the duty
of the Governor to designate the district judge have [having] juris-
diction over the organized county nearest to the land or lands where
purchase is thus sought; whereupon, it shall be lawful for the said
officer or agent of the United States to institute proceedings before
the said judge in the county nearest to the said land or lands for the
conveyance of the same to the United States for the purposes afore-
TEXAS. 373
said, and it shall be the duty of the said judge, and he is hereby
authorized and empowered to proceed in all things necessary to the
correct valuation and to the conveyance to the United States, of said
land or lands as if the same were situated within the county wherein
proceedings had been instituted therefor, and the said judge shall
order and decree the conveyance in due form to the United States, of
such land or lands to be held, owned and possessed by the United
States for the purposes aforesaid and none other." (Act approved
November 28, 1871, amending sec. 2, of Act of December 19, 1849.)
FORT BLISS.
This reservation contains an area of 1,265.7 acres, and is situated
on the Kansas City, El Paso and Mexican Railroad, about 5 miles
northeast of the City of El Paso, in El Paso County.
The lands were acquired for a military post to be known as Fort
Bliss, under authority of an Act of Congress approved March 1, 1890.
The title is as follows :
1. Letter Patent from the State of Texas to the United States as
assignee of B. D. Russell, dated August 13, 1890, conveying 640 acres
of land. Recorded in Patent Record Vol. 25, page 129, of the deed
records of El Paso County.
2. Quit-Claim Deed from Dr. Edward Alexander, dated August 30,
1890, conveying land by metes and bounds. Recorded in Book 24,
page 292, of same records.
3. Deed from W. J. Glenn, et al., dated September 1, 1890, convey-
ing 180.50 acres of land. Recorded in Book No. 19, page 285, of same
records.
4. Deed from Charles R. Morehead, et al., dated September 19,
1890, conveying 179.50 acres of land. Recorded in Book 19, page 286,
of same records.
5. Deed from W. J. Glenn, dated February 24, 1891, conveying
30.2 acres of land. Recorded in Book 19, page 354, of same records.
6. Deed from Richard L. Mayer, dated March 10, 1891, conveying
30.2 acres of land. Recorded in Book 19, page 355, of same records.
7. Deed from B. H. Davis, et al., dated May 9, 1891, conveying 236
acres of land. Recorded in Book 19, page 356, of same records.
8. Deed from the Governor of the State of Texas, ceding jurisdic-
tion over the 1,266.2 acres, in accordance with the constitution and
foregoing cited laws of the State of Texas. Deed dated April 12,
1892, and recorded in Vol. 33, page 555, etc., of same records.
See also General Acts of Cession.
Easement: By Act of Congress, approved June 10, 1896, the El
Paso and Northeastern Railroad Company wTas granted a right of
way 100 feet wide across the reservation. Route approved by Sec-
retary of War, November 20, 1897.
Revocable Licenses: License, September 6,4904, to Wing Wong to
occupy for the purpose of a residence, and in which to conduct a
laundry, an adobe house, heretofore occupied by him under permis-
sion of the post commander.
License August 28, 1905, to International Water Company of
El Paso, Tex., to lay and maintain a 16-inch water pipe line along
and within right of way of the El Paso and Northeastern Railroad
374 UNITED STATES MILITARY RESERVATIONS, ETC.
Company, for the purpose of supplying the City of El Paso with
water.
License, June 9, 1906, to the Newman Investment Company for
electric railway on reservation.
License, June 2, 1908, to the El Paso Suburban Railroad Com-
pany for electric railway across reservation.
FORT BROWN.
This reservation contains an area of 358.8 acres, with metes and
bounds as given in G. O. No. 92, W. D., May 16, 1906. It is situated
on the left bank of the Rio Grande, 22 miles from its mouth direct, or
by river about 65 miles. It is immediately adjacent to the City of
Brownsville, in Cameron County, and opposite to the City of Mata-
moros, Mexico.
This point was first occupied as a military camp March 21, 1846,
and a fort erected which was named Fort Taylor. May 17, 1846, the
name was changed to Fort Brown in memory of Maj. Jacob Brown,
who fell in its defense on the 6th of said month during the bombard-
ment of the place by the Mexicans under General Arista. The post
was occupied almost continuously until March 20, 1861, when it was
abandoned by the United States Troops, after the surrender of Gen-
eral Twiggs, and immediate possession thereof was taken by the State
of Texas. The Confederates destroyed the works, burned the build-
ings, and abandoned the fort November 6, 1863. The United States
reoccupied the site in the summer of 1865 and continued in occupancy
until the temporary quarters which had been erected were destroyed
by a severe hurricane in the spring of 1867. The troops were quar-
tered in the town of Brownsville during the years 1868 and 1869
while new barracks were being erected, since which time the occupa-
tion of the post has been continuous. The reservation was formerly
a part of what was known as the " Espiritu Santo Grant," made by
the Spanish Government in 1781 to one Don Bias Maria de la Garza,
who, dying in 1802, by his will devised a one-fifth interest, which in-
cludes the reservation, to his niece, Maria Josefa Cavazos, whose title
was confirmed by the United States Supreme Court at its October
term, 1879, in the case of the City of Brownsville v. Cavazos. (See
100 U. S. Sup. Ct. Rep., 138.)
On November 7, 1853, the Secretary of War commenced proceed-
ings in the District Court in and for the County of Cameron, at
Brownsville, under the Statutes of Texas, authorizing the condemna-
tion of private property for the use of the United States, to obtain
the title to this Fort Brown reservation. The City of Brownsville
and the Cavazos family were made parties to the proceedings. The
cause was* entitled " In the matter of the application of Stewart Van
Vliet on the part of the United States, for the assessment of the value
of the lands within the .limits of the Garrison of Fort Brown," and
the cause submitted on the 29th day November, 1853, to a jury, who
returned an assessment of $50,000. (Verdict recorded in Book A,
p. 50, Minutes of the District Court of Cameron County, Tex.)
This matter remained in abeyance until the 20th day of February,
1879, when proceedings were resumed in same Court, the cause being
entitled " in the matter of the condemnation by the United States, on
the application by the War Department thereof, by Stewart Van
TEXAS. 375
Vliet, their agent, of certain lands in said county, known as the mili-
tary reservation of Fort Brown, claimed by Pedro G. Cavazos under
the last will, etc., of Maria Josefa Cavazos, deceased, and also claimed
by the City of Brownsville," No. 1232. Order and Judgment, that
upon payment of said $50,000, together with interest from said 29th
day of November, 1853, into the First National Bank of Galveston,
to be disposed of as hereinafter provided, the whole right, title, and
interest of the City of Brownsville and of the said Maria Josefa
Cavazos, deceased, and also of said Pedro G. Cavazos, her successor
in interest in and to said lands and premises shall vest forever in the
United States of America, etc. By a subsequent order, made and
entered on the same day, (February 20, 1879), Pedro G. Cavazos was
substituted as claimant and owner of said lands and premises in place
of Maria Josefa Cavazos, who died November 18, 1878, testate, devis-
ing by her last will said lands and premises to her son, said Pedro G.
Cavazos. (See record in Clerk's Office of said Court.) By said will
Pedro G. Cavazos was named and afterwards appointed Executor of
his mother's estate, but failing to file a bond required of him by the
court, he was removed and Thomas Carson was appointed as General
Administrator with the will annexed, to whose control the entire
interest and estate of Maria Josefa Cavazos was transferred. After-
wards, to wit, July 4, 1887, an action was commenced in the Circuit
Court of the United States for the Western District of Texas, at
Brownsville, entitled " No. 248, Heirs of Miguel Salinas v. William
L. Kellogg et al.," and on the 14th day of said month a trial was had
before a jury, who returned a verdict upon which judgment was ren-
dered to the effect that as to all the persons before the Court as parties
plaintiff or defendant, including the United States, represented by
said Kellogg, they take nothing by their suit or pleas therein except-
ing James Stillman, and Thomas Carson, Administrator, etc., of the
estate of Maria Josefa Cavazos, who take the property and premises
known as Fort Brown, describing it, in equal moieties, James Still-
man in his own right one moiety and Thomas Carson, as such Admin-
istrator, etc., the other moiety. It was also adjudged that the United
States had been in actual and exclusive possession of said property
and premises as a military reservation for many years. It was there-
fore ordered that all the right, title, and interest in and to the prem-
ises and property be divested from and out of all the parties to said
cause, including the United States, and vested in the said James Still-
man and Thomas Carson, as Administrator, etc., of Maria Josefa
Cavazos, in equal moieties, and that said Stillman and Carson, Ad-
ministrator, etc., are also entitled to have and recover all rents, etc.,
for use and occupation of said premises from the year 1846.
By an Act of Congress, approved March 3, 1885, the following pro-
vision was made for acquiring title to said reservation :
"To enable the Secretary of War to acquire good and valid title
for the United States to the Fort Brown Reservation, Texas ; and to
pay and extinguish all claims for the use and occupancy of said res-
ervation by the United States, the sum of One hundred and sixty
thousand dollars: Provided, That no part of this sum shall be paid
until a complete title is vested in the United States; and the full
amount of the price, including rent shall be paid directly to the
owners of the property." (See U. S. Stats, at Large, Vol. 23j p. 507.)
376 UNITED STATES MILITAKY RESERVATIONS, ETC.
Under the foregoing act of Congress, title was procured, the evi-
dence of which is as follows:
1. Deed from James Stillman, and Thomas Carson, the latter as
Administrator with the will annexed, of the estate of Maria Josefa
Cavazos, deceased, dated October 14, 1887, conveying the 358.8 acres
known as the " Fort Brown Property." Recorded in Vol. J, page
382, etc., of the deed records of Cameron County, in Brownsville.
2. Quit-Claim Deed from S. Josephine Allen by Thomas Carson
her attorney in fact, dated October 24, 1887, conveying by way of
release all interest in above premises. Recorded in Vol. J, page 380,
etc., of same records. Power of Attorney to Thomas Carson recorded
in Vol. A, page 237, etc., of same records.
3. Deed from Frances J. Hale, et al., Heirs of William G. Hale,
deceased, dated November 15, 1887, conveying all interest in above
premises. Recorded in Vol. J, page 384, etc., of same records.
4. Quit-Claim Deed from Thomas Carson, dated December 12,
1887, conveying all interest in " Fort Brown Property." Recorded in
Vol. J, page 387, etc., of same records.
5. Deed of Release from James Stillman and Thomas Carson, the
latter as Administrator, with the will annexed, of Maria Josefa Cav-
azos, deceased, by John A. Garver, their Attorney in fact, dated
March 25, 1895, releasing all demands, etc. Recorded in Vol. J, page
388, etc., of same records. Power of Attorney from James Stillman
to John A. Garver recorded in Vol. A, page 241, etc. ; the Power of
Attorney with power of substitution from Thomas Carson, Adminis-
trator, etc., to James Stillman, and Power of Attorney from James
Stillman to John A. Garver as substitute recorded in Vol. A, page
238, etc., of same records.
6. Quit-Claim Deed from Kate M. Combe and husband, et al.,
dated April 17, 1886, conveying all interest in " Fort Brown Military
Reservation."
7. Quit-Claim Deed from Charles S. Dana and wife, dated May 1,
1886, conveying all interest in "The Military Reservation of Fort
Brown."
For jurisdiction see acts of the State Legislature under the title of
" General Acts' of Cession."
8. Deed from the Governor of Texas to the United States, ceding
jurisdiction over the reservation in accordance with the Constitution
and foregoing-cited Laws of the State of Texas. Deed dated June
24, 1895, and recorded in Vol. J, page 427, etc., of same records.
Licenses, March 2 and March 27, 1907, to the Department of Agri-
culture to occupy part of the reservation for experiment purposes.
BROWNSVILLE NATIONAL CEMETERY.
This reservation contains an area of 25.50 acres (about six acres in-
closed), right of way, etc., and is situated about 1 mile from Browns-
ville, in Cameron County. The title is as follows :
Decree of condemnation for said tract in the matter of the applica-
tion of the United States for an appraisement, etc. Rendered March
22, 1872, in the United States District Court for the Eastern District
of Texas, and recorded on pages 150 and 151 of the minute book of
said proceedings in the Clerk's Office of said Court at Brownsville.
TEXAS. 377
For consent to condemnation and provision for ceding jurisdiction,
see Acts of the State Legislature under the title " General Acts of
Cession."
FORT CLARK.
This reservation contains an area of 3,963.2 acres, with metes and
bounds as announced in G. O. No. 8, AY. D., January 19, 1909. It
is situated on the south bank of and about 400 yards from the head of
Las Moras Creek, opposite Brackettville, in Kinney County. Post
first occupied June 20, 1852. The title is as follows :
Purchase was made under authority of an Act of Congress ap-
proved April 16, 1880.
Deed from Mary A. Maverick, dated December 11, 1883, conveying
the reservation by metes and bounds. Recorded in Vol. A, No. 5,
page 25, of the deed records of Kinney County. (This property was
formerly held by lease from Samuel Maverick to the United States.)
For consent to the purchase and provision for cession of jurisdic-
tion, see Acts of the State Legislature under the title of " General
Acts of Cession."
Revocable License, April 21, 1906, to Lone Star Telephone Co.
for private telephone system.
FORT CROCKETT.
This reservation contains an area of about 125.57 acres, with metes
and bounds as given in G. O.- No. 158, W. D., September 14, 1900.
It is situated in the City of Galveston and County of Galveston. The
title is as follows :
1. Deed from The Galveston Land and Improvement Company,
dated January 18, 1897, conveying Blocks Numbered 213 to 216,
inclusive; 233 to 240, inclusive, and 257 to 260, inclusive; the same
forming, with the streets and avenues which are also conveyed, Out
Lots 205, 206, 230 and 231. Recorded in Book 141, pages 431 to 436,
of the deed records of Galveston County, at Galveston.
2. Ratification by The Galveston Company, etc., of sale and con-
veyance of Lots, Streets, Avenues, etc., dated January 18, 1897, as
per No. 1, supra. Recorded in Book 157, page 402, etc., of same
records.
3. Quit Claim Deed from the Galveston City Company, dated
February 15, 1897, conveying all interest in the streets and avenues
that cross and traverse Out Lots 205, 206, 230 and 231 (described
in Deed No. 1, supra) ; also a strip of land between Out Lots 230
and 231 and the Gulf of Mexico. Recorded in Book 141, page 429,
etc., of same records.
4. Ordinance of City Council of Galveston, ceding streets ,avenues,
etc., as described in Deed No. 1, supra. Original act part of the
records in the City Clerk's Office at Galveston.
5. By an Act of the State Legislature passed February 15, 1897,
which became a law March 3, 1897, without the Governor's signature,
the action of the City .Council of Galveston in ceding to the United
States the streets, alleys, and other public highways intervening
between the blocks and lots purchased by the United States for forti-
fication purposes was confirmed and ratified. (See Laws of Texas,
1897, p. 13.)
378 UNITED STATES MILITARY RESERVATIONS, ETC.
Deed from the Governor of Texas, ceding jurisdiction over the
reservation, in accordance with the Constitution and foregoing-cited
laws of the State of Texas. Deed dated September 21, 1897.
6. Ordinance of City Council of Galveston passed April 14, 1900,
granting to the United States its consent to acquire lands in the City
of Galveston and to fence the same.
7. Deed from The Galveston Land and Improvement Company,
dated April 17, 1900, conveying Blocks 217 to 220 inclusive, 229 to
232 inclusive, 241 to 244 inclusive, 253 to 256 inclusive, 261, 262, 271
and 272; also Out Lot 253, and another tract by metes and bounds,
and certain streets and alleys, containing in all 60 acres more or less.
Recorded in Book 178, page 210, etc., of same records.
8. Quit-Claim Deed from The Galveston City Company, dated
April 28, 1900, conveying Out Lots 203, 229, 253 and 254 and the
streets that traverse them; also the strip of land lying between
253, "254 and the waters of the Gulf of Mexico. Recorded in Book
176, page 610 etc., of same records.
For jurisdiction see General Acts of Cession.
9. Deed from D. B. Henderson, dated October 20, 1904, conveying
land bounded on the north by " Avenue U," on the east by 39th
Street, on the south by the Gulf of Mexico, and on the west by 45th
Street. Recorded in Book 204, pages 224-5, of same records.
10. Deed from the City of Galveston, dated January 24, 1905, con-
veying all right, title and interest of the city to the streets, avenues
and alleys included within premises conveyed by D. B. Henderson,
together with Ordinance of Board of Commissioners, City of Gal-
veston, closing the same. Recorded in Book 204, page 321 ; and Ordi-
nance in Book 205, page 102, of same records.
Jurisdiction over the lands acquired under the preceding deeds
(Nos. 9 and 10) was ceded by Governor's Deed, dated November 4,
1905; recorded in Book 206, pages 540-541, of same records.
11. Quit-Claim deed from the City of Galveston, dated April 5,
1905, conveying title of city to the west half of west half (except Lots
12 and 13) of Out-Lot 207, NW. and SW. Recorded in Book 204,
page 478, of same records.
12. Deed from Charles Nolan, dated December 5, 1905, conveying
part of Lot 8, of the southeast block of Out Lot 183, containing 27.5
square feet. Recorded in Book 215, page 100, of same records.
13. Deed of D. B. Henderson, dated January 30, 1906, conveying
part of Out Lot 184, containing 1.959 acres, more or less. Recorded
in Book 215, page 101, of same records.
14. Deed from the City of Galveston, dated April 30, 1906, releas-
ing interests in streets, etc., and closing same. Recorded in Book
212, page 582, of same records.
15. Release by City of Galveston, dated April 16, 1906, of judg-
ment lien on southeast quarter of Out Lot 184. Recorded in Book
211, page 547, of same records.
Jurisdiction over the lands acquired under the preceding deeds
(Nos. 12 to 15, inclusive) was ceded by Governor's Deed, dated May
1, 1906. Recorded in Book 212, page 584, of same records.
See, also, General Acts of Cession.
TEXAS. 379
EAGLE PASS.
This reservation contains an area of 155.29 acres, and is situated
in the town of Eagle Pass, in Maverick County. The title is as
follows :
1. Deed from William S. Smith, Executor, etc., dated July 9, 1892,
conveying 62.94 acres. Recorded in Vol. W, No. 2, page 413, etc., of
the deed records of Maverick County.
2. Deed from William S. Smith, Executor, etc., dated July 9, 1892,
conveying 92.35 acres. Eecorded in Vol. W, No. 2, page 415, etc., of
same records.
3. Decree of the Circuit Court of the United States for the West-
ern District of Texas, in the case of Maggie Cassidy et al, v. William
S. Smith, Executor, etc., No. 73, confirming and ratifying the said
conveyances of said Executor, etc., to the United States. Rendered
July 2, 1893, and filed with the record in said cause in the Clerk's
Office of said Court at San Antonio.
4. Amended decree of said court, between same parties, reaffirm-
ing and ratifying said conveyances. Rendered November 16, 1893,
and filed with the record in said cause in the Clerk's Office of said
Court at San Antonio.
For consent to purchase, provisions for condemnation, and cession
of jurisdiction, see Acts of the State Legislature under the title
"Fort Bliss (New)."
Deed from the Governor of Texas, ceding jurisdiction over the
reservation, in accordance with the Constitution and foregoing cited
Laws of the State of Texas. Recorded in Vol. W, No. 2, page 473,
etc., of the deed records of Maverick County.
License, July 22, 1907, to Department of Commerce and Labor for
use of guard house.
(JALVESTON ISLAND.
(East end of.)
This reservation comprises a sand spit of about 15 acres on the
east end of Galveston Island. This tract was owned and held by
the Republic of Texas for military purposes when it became a State
of the Union, and by the term of admission of that State the title
vested in the United States, and it is now held by the United States
for the same purposes.
Under date of June 16, 1909, the Acting Attorney General inclosed
a copy of report of the United States Attorney, dated June 12, 1909.
to the effect that in the case of Fannie I. Cochrane v. Edgar Jadwin,
et al., — a suit in ejectment to recover the premises — the plaintiff's
attorney, failing to have the case remanded to the State court, " took
a nonsuit in the case " ; leaving the premises in the undisputed pos-
session of the officer representing the War Department.
The Attorney further reported that the plaintiff claimed under
the " W. A. A. Wallace Survey ", wilich has twice been declared void.
LEON SPRINGS TARGET AND MANEUVER RANGE.
This reservation contains an area of about 17273.87 acres, with
metes and bounds as announced in G. O. No. 72, War Department.
380 UNITED STATES MILITARY RESERVATIONS, ETC.
May 8, 1908. It is situated near Leon Springs, about seventeen
miles northerly from the City of San Antonio, in Bexar County.
The title is as follows:
1. Deeds from Joseph Becker and wife, dated December 5, 1906,
and December 16, 1907, conveying 179.4 acres, recorded, respectively,
in Volume 261, page 52, and Volume 279, page 71, of the deed records
of Bexar County.
2. Deed from Conrad Schasse and wife, dated December 1, 1906,
conveying two tracts aggregating 4877.37 acres, recorded in Volume
258, page 152 of same records.
3. Deed from Daniel Oppenheimer, et al., dated December 1, 1906,
conveying certain tracts aggregating 11840 acres, recorded in Volume
258, page 158 of same records.
4. Deed frflm Hermann Georg and wife, dated December 5, 1906,
conveying 46.7 acres, recorded in Volume 261, page 51 of same
records.
5. Deed from Marie Scharmann, a feme sole, dated December 3,
1906, conveying 230.4 acres, recorded in Volume 261, page 54 of same
records.
6. Decrees in Condemnation, June 24, 1907 and July 18, 1907
(U. S. v. Marie Gerfers, et al., No. 2401), covering 100 acres, recorded
in Volume 265, pages 521 and 561, respectively, of same records.
Jurisdiction over the entire tract ceded to the United States by
Governor's deed, dated April 1, 1908, upon the following proviso:
" That this Cession of Jurisdiction is granted and made upon the
express condition that the State of Texas shall retain concurrent
jurisdiction with the United States over said lands and every portion
thereof so far that all process, civil or criminal, issuing under the
authority of this State, or any of the courts or judicial officers thereof,
may be executed by the proper officers of this State upon any person
amenable to the same within the limits of said lands in like manner
and with like effect as if no such cession had taken place."
Easement: Permission granted by license of January 8, 1908, to
Board of County Commissioners of Bexar County to extend county
road through northern part of reservation.
Revocable License: Granted July 16, 1908, to Eureka Telephone
Company to operate and maintain a telephone line.
FORT McINTOSH.
This reservation contains an area of 208 acres, with metes and
bounds as given in G. O. No. 196, W. D., September 21, 1907. It is
situated on the Rio Grande, adjoining the City of Laredo, in Webb
County. The title is as follows:
Deed from the City of Laredo, dated May 29, 1875, conveying the
above tract of land. Recorded in Book D, Vol. 5, page 358, of the
deed records of Webb County.
For consent to purchase and provision for cession of jurisdiction,
see acts of the State Legislature under the title "General Acts of
Cession."
Revocable Licenses: Licenses, August 17, 1881, and July 25, 1890,
by the Department Commander to the International and Great
Northern and Mexican National Railroad Companies to construct a
spur track on the reservation.
TEXAS. 381
License March 29, 1909, to same company to connect depot and
closets .with post sewer.
PELICAN SPIT.
This reservation contains an area of about 978.63 acres, and is sit-
uated in Galveston Bay, near the City of Galveston, in Galveston
County. The title is as follows:
1. Letters patent from the State of Texas, dated May 25, 1859,
conveying a tract by metes and bounds. Recorded in Vol. 19 of the
records of patents in the office of the Commissioner of the General
Land Office, at Austin. '
Deed from the Governor of the State of Texas, dated July 14,
1859', ceding jurisdiction. (See acts of the State Legislature ap-
proved December 19, 1849, and February 12, 1854, under the title
" General Acts of Cession.")
2. Deed from the City of Galveston, dated April 29, 1907, con-
veying entire reservation, understood to include tract conveyed by
former deed. Recorded in Book 221, page 416, et seq., Galveston
County. Conveyance authorized by Act of State Legislature, ap-
proved April 18, 1907, which releases the title of the State to the
premises and cedes jurisdiction thereover " subject to the provisions
of Article 375 of the Revised Civil Statutes of the State of Texas ",
which provides as follows :
" No such cession of jurisdiction shall ever be made, except upon
the express condition that the state of Texas shall retain concurrent
jurisdiction with the United States over the lands so ceded, and
every portion thereof, so far, that all process, civil or criminal,
issuing under the authority of this state, or any of the courts or
judicial officers thereof, may be executed by the proper officers of this
state, upon any person amenable to the same, within the limits of the
land so ceded, in like manner and with like effect as if no such
cession had taken place; and such condition shall be always inserted
in any instrument of cession under the provisions of this title."
License to the Treasury Department, April 14, 1909, for use in
rebuilding Life-Saving Station.
FORT RINGGOLD.
This reservation contains an area of 334 acres within metes and
bounds as given in G. O. No. 167, W. D., October 3, 1906, and in-
cludes all accretions thereto since the survey referred to in the decree
of condemnation. It is situated on the Rip Grande, 23 miles from
San Miguel, on the Mexican National Railroad, in Starr County.
The title is as follows:
Decree of condemnation for the above 334 acres of land in Cause
No. 256, The United States, by Nelson B. Sweitzer, v. Josefa Garza
de Salinas et al., in the District Court of Starr County. Rendered
March 30, 1878, and recorded in Book B, pages 421 to 423, of the
minutes of said Court. Amended March Term, 1879, and entered
in lieu of original decree and recorded on page 464, etc., of the
minutes of said Court.
382 UNITED STATES MILITARY RESERVATIONS, ETC.
For provision for acquiring property by condemnation, etc., see
Acts of the State Legislature under the title "General Acts of
Cession."
SAN ANTONIO ARSENAL.
This reservation contains about 19.65 acres, and is situated in the
City of San Antonio, in Bexar County. The title is as follows :
1. Deed from Gregory P. Divine, dated March 8, 1859, conveying
8.17 acres of land. Recorded in Book R, No. 1, page 198, etc., of the
deed records of Bexar County.
2. Deed from P. H. Bell and wife, dated May 2, 1859, conveying
7.75 acres of land. Recorded in Book R, No. 1, page 197, etc., of
same records.
3. Deed from Adele R. T. Beauregard, et al., dated July 11, 1881,
conveying about 3.73 acres by metes and bounds. Recorded in Vol.
20, page 188, etc., of same records.
For jurisdiction, etc., see Act of the State Legislature approved
December 19, 1849, and Act amendatory thereof, approved February
13, 1854, under the title " General Acts of Cession."
Deed from Governor of Texas, ceded jurisdiction over tracts 1 and
2, supra, in accordance with the Constitution and foregoing cited
Laws of the State of Texas. Deed dated September 22, 1859.
Revocable License, May 7, 1895, to the City of San Antonio, to
construct and maintain a sewer.
SAN ANTONIO NATIONAL CEMETERY.
This reservation contains an area of about 3.63 acres, and is situated
at San Antonio, in Bexar County. The title is as follows:
1. Deed from the City of San Antonio, dated November 15, 1867,
conveying 1.09 acres of land.
2. Deed from the City of San Antonio, dated April 14, 1871, con-
veying 1.89 acres of land, in lieu of deed marked No. 1, supra, and
unrecorded. Recorded in Book W 1, page 155, of the deed records
of Bexar County. Duplicate deed authorized at a regular meeting
of the City Council, April 11, 1871, and recorded in Book C, page
17, of the minutes of said Council.
3. Deed from the City of San Antonio, dated April 10, 1884, con-
veying about 1.75 acres of land. Recorded in Vol. 33, page 442, of
the deed records of Bexar County. Sale authorized at a regular
meeting of the City Council, February 19, 1884, and recorded in the
minutes of said Council in the City Clerk's Office.
Paragraph 35 of Section 1 of Article 3 of an Act of the State Leg-
islature entitled "An Act to incorporate the City of San Antonio,"
approved June 17, 1856, authorizes and empowers the City to sell any
of its property, real or personal, lying within or beyond the limits of
the City.
For jurisdiction, etc., see acts of the State Legislature, under the
title " General Acts of Cession ;" and deed from the Governor of
Texas, ceding jurisdiction over the lands described in deed marked
No. 3, supra, in accordance with the Constitution and the foregoing
cited Laws of the State of Texas. Recorded in Vol. 38, page 278,
etc., of the deed records of Bexar County.
TEXAS. 383
FORT SAN ,T AC 'IX TO.
This reservation contains an area of about 419 acres, and is situated
on the east end of Galveston Island, in Galveston County. The title
is as follows :
Reserved for public purposes by an act of the Republic of Texas,
dated December 9, 1836, and under the Joint Resolution of Congress
passed March 1, 1845 (Articles of Annexation), was ceded to the
United States.
The following Act empowered the Governor to cede the reservation :
" SECTION 1. Be it enacted ~by the Legislature of the State of
Texas: That the Governor thereof be, and hereby is, authorized and
fully empowered to cede, transfer and deliver over to the United
States or any agent or agents by them appointed, by such instrument
in writing, or other means as he may deem proper and necessary, all
the public edifices, fortifications, barracks, ports and harbors, navy
and navy-yards, docks, magazines, arms and armaments, and all other
property and means pertaining to the public defence, belonging to
the Republic, now the State, of Texas." (Approved March 25,
1846.)
See also General Acts of Cession.
Revocable license. March 27, 1905, to Navy Department for wire-
less telegraph station.
FORT SAM HOUSTON.
This reservation contains an area of about 937.74 acres, including
the drill and camping site mentioned in No. 17, infra, with metes
and bounds as given in G. O. No. 11, W. D., January 22, 1909. It is
situated in and near the City of San Antonio, in Bexar County. The
title is as follows :
1. Deed of Donation from the City of San Antonio, dated May 6,
1870, conveying about 40 acres of land. Recorded in Book V, No. 1,
page 433, etc., of the deed records of Bexar County.
2. Deed of Donation from the City of San Antonio, dated August
11, 1871, conveying 43 acres of land. Recorded in Book W, No. 1,
page 324, etc., of same records.
3. Deed of Donation from the City of San Antonio, dated June 16,
1875, conveying 9.07 acres of land. Recorded in Vol. 2, page 467,
etc., of same records.
4. Deed of Donation from the City of San Antonio, dated June 30,
1878, conveying by metes and bounds., according to a resurvey made
by the United States Government, the lands described in the fore-
going deeds of donation marked Nos. 1, 2 and 3, supra, aggregating
92.79 acres. Recorded in Vol. No. 11, page 150, etc., of same records.
5. Deed from William W. Dykman, dated September 11, 1882,
conveying about 0.17 acre. Recorded in Vol. 27, page 370, etc., of
same records.
6. Deed from E. H. Cunningham and wife, dated September 25,
1882, conveying about 42 acres of land. Recorded in Vol. 27, page
371, etc., of same records.
7. Deed from William Trout and wife, dated October 10, 1882,
conveying about 1 acre. Recorded in Vol. 27, page 366, etc., of same
records.
384 UNITED STATES MILITAKY RESERVATIONS, ETC.
8. Deed from Christian Mueller and wife, dated October 11, 1882,
conveying about 0.17 acre. Recorded in Vol. 27, page 368, etc., of
same records.
9. Deed from Jennie L. Smith and husband, dated October 11,
1882, conveying about 0.17 acre. Recorded in Vol. 27, page 364, etc.,
of same records.
10. Deed from John McMahon, dated November 13, 1882, convey-
ing about 0.21 acre. Recorded in Vol. 27, page 367, etc., of same
records.
11. Deed from James H. Bigger, dated November 2, 1882, releasing
claim pursuant to decree of Probate Court of Bexar County to lands
covered by deeds 5 to 10, supra. Recorded in Vol. 25, pages 172-175,
of same records.
12. Deed from Edward Braden and wife, dated December 2, 1882,
conveying about 4.88 acres.
13. Deed from John Moreau and wife, dated November 2, 1882,
conveying about 0.18 acre.
14. Deed from E. H. Cunningham and wife, dated December 5,
1882, conveying about 1.78 acres.
15. Deed from H. B. Adams and E. D. L. Wickes, dated December
8, 1882, conveying about 1.024 acres.
16. Decree of Condemnation in Cause No. 1183, The United States
of America v. Unknown Owners of 19.29 acres of land (including
lands conveyed by above deeds Nos. 12 to 15, inter alia), in the Dis-
trict Court of Bexar County. Rendered and made final May 25, 1883,
and filed with the record in the cause in the Clerk's Office of said
Court. Recorded in Vol. 27, page 579; etc., of same records.
17. Deed from Caroline Kampmann, dated August 26, 1886, con-
veying 310 acres. Recorded in Vol. 53, page 544, etc., of same records.
(This tract is about 3 miles north of the post proper.)
18. Deed from Charles John Cunningham, dated August 7, 1903,
conveying 40.08 acres. Recorded in Book 223, page 143, of same
records.
19. Deed from Ed H. Cunningham and wife, dated August 31,
1903, conveying 49.23 acres, more or less. Recorded in Book 223, page
144, of same records.
20. Deed from Dan Sullivan, dated October 27, 1903, conveying
19.81 acres. Recorded in Book 223, page 142, of same records.
21. Eighty-four deeds and five decrees in condemnation covering
the acquisition of 361.862 acres — the names of the grantors or owners,
the date of each deed or decree, and the place of record of the same
being as follows:
Deeds.
1. Max Ulrich ; August 8, 1906 ; Book 261, page 56.
2. J. T. Hambleton, Admr.; August 11, 1906; Book 258, page 276.
3. D. A. Nease, et ux.; August 2, 1906; Book 261, page 53.
4. Julia E. Toohey; August 14, 1906; Book 261, page 180.
5. Adelia C. Cresson; July 30, 1906; Book 256, page 2T7.
6. Geo. A. Drew, et ux.; September 11, 1906; "Book 261, page 85.
7. Frank R. Newton ; July 30, 1906 ; Book 256, page 287.
8. Robert W. Mehegan; August 6, 1906; Book 256, page 279.
9. L. I. Cooke; July 25, 1906; Book 256, page 309.
TEXAS. 385
10. Theo. Buhler; June 29, 1906; Book 261, page 30.
11. E. Blum; July 30, 1906; Book 256, page 276.
12. Mary M. Lane; July 21, 1906; Book 256, page 290.
13. Adelia C. Cresson; August 21, 1906; Book 256, page 278.
14. J. V. Fourmy; August 15, 1906; Book 261, page 77.
15. Imogene T. Hambleton; August 7, 1906; Book 261, page 6.
16. J. D. Guinn; August 7, 1906; Book 261, page 7.
17. George W. Brackenridge ; July 27, 1906; Book 261, page 17.
18. W. A. Chapman, et ux.; August 3, 1906; Book 256, page 306.
19. John T. Harrison, et ux.; July 30, 1906; Book 261, page 35.
20. E. H. Major, et ux.; July 30, 1906; Book 261, page 29.
21. J. M. Krakauer, et al.; July 30, 1906; Book 261, page 57.
22. Chas. Tessmann, et ux.; July 30, 1906 ; Book 261, page 36.
23. Frank Zizik; August 15, 1906; Book 261, page 1.
24. Samuel Dalkowitz; August 2, 1906; Book 256, page 307.
25. John McHugo, Sr.; July 30, 1906; Book 261, page 81.
26. Ida Elbers Haueisen, et al.; July 21, 1906; Book 258, page 144.
27. Pablo Cruz; July 30, 1906; Book 261, page 31.
28.' Frederick W. Bender; July 30, 1906; Book 261, page 42.
29. Henry Dietrick; July 30, 1906; Book 256, page 319.
30. F. M. Giraud; August 15, 1906; Book 261, page 34.
31. Eloise Polk McGill; August 15, 1906; Book 261, page 44.
32. George D. Allardyce, et ux.; Aug. 7, 1906; Book 258, page 274.
33. B. E. Taylor, et al.; August 3, 1906; Book 261, page 260.
34. Edward Charles Buck; May 14, 1907; Book 265, page 573.
35. John Washington, et ux.; July 30, 1906; Book 261, page 50.
36. Mary J. Schmidt; July 20, 1906; Book 261, page 45.
37. Amanda J. Dignowitz; August 16, 1906; Book 256, page 289.
38. Frank Grice; July 27, 1906; Book 261, page 23.
39. A. B. Frank; July 28, 1906; Book 261, page 47.
40. Abraham Mathews, et ux.; July 30, 1906 ; Book 261, page 2.
41. J. V. Fourmy, et al.; August 15, 1906; Book 261, page 78.
42. C. F. Kleine; July 30, 1906; Book 261, page 25.
43. John C. Williams; August 1, 1906; Book 261, page 4.
44. John E. Shook; July 30, 1906; Book 261, page 12.
45. W. H. Ford; July 30, 1906; Book 261, page 14.
46. Philipp Weilbacher, et ux.; July 30, 1906; Book 261, page 21.
47. Santiago Garcia, et ux.; Aug. 1, 1906; Book 261, page 33.
48. Andrew Irvin, et ux.; July 30, 1906; Book 261, page 8.
49. Christian Schaezler, et ux.; July 30, 1906; Book 261, page 16.
50. Werner Wilkens; June 9, 1906; Book 261, page 10.
51. Society of Mary; August 9, 1906; Book 261, page 79.
52. David S. Stanley; August 29, 1906; Book 261, page 39.
53. Wm. B. Kendall, et ux.; July 31, 1906; Book 261, page 15.
54. Vinton L. James; August 1, 1906; Book 261, page 41.
55. Sidney James; August 7, 1906; Book 261, page 37.
56. H. M. Donoho, et al.; July 30, 1906; Book 256, page 308.
57. Paul Meerscheidt, et al.; Aug. 7, 1906; Book 261, page 13.
58. Herman Weiss, sr.; et ux.; July 30, 1906; Book 261, page 55.
59. George Oswalt, et ux.; July 30, 1906; Book 261, page 48.
60. Wm. A. Miller; August 2, 1906; Book 261, page 27.
61. Martin Stahl, et ux.; August 6, 1906; Book 261, page 49.
62. Edward Suche, et ux.; July 30, 1906; Book 261, page 11.
16809—10 25
386 UNITED STATES MILITARY RESERVATIONS, ETC.
63. Ferdinand Binz, et ux.; July 30, 1906 ; Book 256, page 317.
64. Commonwealth Land and Improvement Company; August 8.
1906; Book 256, page 318.
65. W. B. Russell, et ux.; July 30, 1906; Book 261, page 9.
66. Henry W. Stolte; July 30, 1906; Book 261, page 46.
67. L. Strom; July 27, 1906; Book 261, page 181.
68. Eligio Medina; August 1, 1906; Book 261, page 20.
69. John A. Reus, et ux.; August 6, 1906; Book 261, page 22.
70. Edward Dreiss, et al.; July 30, 1906; Book 261, page 24.
71. Semp Russ ; December 12, 1906 ; Book 256, page 288.
72. Fredericka Zwally; August 11, 1906; Book 261, page 40.
73. J. H. Mayfield; August 23, 1906; Book 261, page 58.
74. Theo. Kash, et ux.; July 31, 1906; Book 261, page 3.
75. Lafayette Haywood, et ux.; July 30, 1906; Book 261, page 26.
76. City of San Antonio; Nov. 26, 1906; Book 259, page 31.
77. John H. James, et al.; August — , 1906; Book 259, page 27.
78. Lone Star Brewing Co.; Aug. 6, 1906; Book 261, page 32.
79. Frank F. Moeller, sr., et ux.; July 30, 1906; Book 261, page 38.
80. Fred Schnell, et ux.; July 30, 1906 ; Book 261, page 5.
81. Geo. W. Brackenridge ; October 3, 1906; Book 261, page 19.
82. Geo. W. Brackenridge; Sept. 18, 1906; Book 261, page 18.
83. Sam Maverick; October 11, 1906; Book 259, page 25.
84. The Washington Heights Improvement Company; June 19,
1907; Book 265, page 480.
Decrees in condemnation.
1. Against Charles and Louise Klaus; Aug. 20, 1906; County
Court of Bexar County, Texas ; Vol. 265, page 407.
2. Against Otto E. Reinhard; Sept. 11, 1906; County Court of
Bexar County, Texas; Vol. 259, page 26.
3. Against J. C. Hovel ; August 18, 1906 ; County Court of Bexar
County, Texas; Vol. 265, page 408.
4. Against Jacob Klaus, et al.; Feb. 8, 1907; County Court of
Baxar County, Texas ; Vol. 265, page 404.
5. Against M. H. Harrington; November 8, 1907; County Court
of Bexar County, Texas ; Vol. 274, page 578.
(By an Act of Congress, approved January 29, 1887, a strip of land
known as " Pine Street " was released to the City of San Antonio.)
Paragraph 35 of Section i of Article 3 of an Act of the State Legis-
lature entitled "An Act to incorporate the city of Antonio," approved
June 17, 1856, authorizes and empowers the City to sell any of its
property, real or personal, lying within or beyond the limits of
the City.
For consent to purchase, condemnation proceedings, and cession of
jurisdiction, see Acts of the State Legislature under the title " Gen-
eral Acts of Cession."
Under the Act above cited, the following were executed:
1. Deed from the Governor of Texas, ceding jurisdiction over 40
acres, more or less, in accordance with the Constitution and the fore-
going cited Laws of the State of Texas. Dated June 23, 1870.
2. Deed from same to same, dated June 4, 1883, ceding jurisdiction
over after-acquired lands, in accordance with the Constitution and
Laws of Texas. Recorded in Vol. 27, page 310, etc., of same records.
UTAH. 387
3. Deed from same to same, dated August 17, 1883, ceding jurisdic-
tion over after-acquired lands, in accordance with the Constitution
and Laws of Texas. Recorded in Vol. 31, page 143, etc., of same
records.
4. Deed from same to same, dated April 19, 1887, ceding jurisdic-
tion over 310 acres, in accordance with the Constitution and Laws of
Texas. Recorded in Vol. 54, pages 54 and 55, of same records.
5. Deed from same to same, dated January 26, 1904, ceding juris-
diction over 109.12 acres, in accordance with the Constitution and
Laws of Texas. Recorded in Executive Record, Vol. 293, page 618,
etc.
6. Governor's deeds of June 29, 1907. October 29, 1907, and
January 2, 1908, ceding jurisdiction over the entire tract of 361.862
acres (see Xo. 21, supra], except "Maverick Park Tract" (area
2.812 acres).
Revocable Licenses: License, February 27, 1897, to the Southwest-
ern Telegraph and Telephone Company to place four one-inch iron
guy rods on the reservation.
License, August 1, 1905, to George W. Brackenritlge and others to
erect and maintain buildings on the reservation " for the promotion
of the social, physical, intellectual and moral welfare of the garri-
son."
License, September 11, 1906, to Mr. Clemens Koehler to occupy as
a residence for himself and family, the old range house situated on
The Target Range, about three miles north of Fort Sam Houston.
FORT TRAVIS.
This reservation contains 96.2 acres, and is situated at Bolivar
Point in the City of Galveston. The title is as follows:
1. Deed from Charles C. Adams and Martha J. Adams, dated Feb-
ruary 21, 1898, conveying Blocks 124, 125, 148, 149, 150, 172, 173, 174,
175, 197, 198, 199, 200, 222, 223, 224, 225, 247, 248, 249, 250, 272A, 273,
274, 275; portions of Water Lots 162 and 163, and Water Lots 164 to
185 inclusive. Recorded in Book 155, page 205, etc., of the deed rec-
ords of Galveston County.
2. Deed from the Commissioner's Court, County of Galveston,
dated February 28, 1898, conveying the right to close to the public
use all streets, alleys, lots and highways in the above tract. Deed
recorded in Book 155, page 231, etc., of same records.
3. Deed from the Governor of Texas, dated June 8, 1898, ceding
jurisdiction over above tract.
See also General Acts of Cession.
UTAH.
GENERAL ACT OF CESSION.
" SECTION 1. Jurisdiction is hereby ceded to the United States in,
to and over any and all lands or territory within this State which has
been or may be hereafter acquired by the United States for the pur-
pose of sites for public buildings, of every kind whatever, authorized
by act of Congress; the State, however, reserving the authority to
execute its process, both criminal and civil, within such territory.
388 UNITED STATES MILITARY RESERVATIONS, ETC.
" SEC. 2. The Governor is hereby authorized and empowered to
execute all proper conveyances in the cession herein granted upon
request of the said United States, or proper officers thereof, whenever
any land shall have been acquired for such purpose.
" SEC. 3. This act shall take effect upon approval."
(Approved February 20, 1903. Laws of Utah, 1903, p. 9, ch. 14.)
FORT DOUGLAS.
This reservation contains an area of about 9,995 acres, and adjoins
Salt Lake City, in Salt Lake County. The title is as follows :
1. A reservation of 4 square miles, taken from the public domain,
was made by Executive Order of September 3, 1867; but the original
tract of 2,560 acres has been reduced to about 2,180 acres under the
following Acts of Congress:
A. Act of May 16, 1874, granting 20 acres to Salt Lake City for
cemetery purposes;
B. Act of January 21, 1885, restoring 151.81 acres, claimed by
Charles Popper, to the public domain ;
C. Act of July 23, 1894, granting a tract of 60 acres for a site and
campus for the University of Utah ;
D. Act of May 16, 1906 (34 Stat. L., 195), making an additional
grant of 32 acres to the University of Utah ; reserving the perpetual
right for existing sewer or a " new sewer system " across the premises ;
E. Act of June 29, 1906 (34 Stat. L., 612), authorizing conveyance,
in exchange for other lands and easements, and subject to certain
reservations, to Le Grand Young of 42.3 acres, lying between the
University lands and Popperton Place; and of right of way, 100
feet wide, containing about 24 acres, along the south side of reser-
vation. Conveyance made by deed of the Secretary of War, dated
October 8, 1906.
F. Act of January 23, 1909 (35 Stat. L., 589), authorizing the con-
veyance to the Mount Olivet Cemetery Association of about 50 acres
at the southwest corner of the reservation for cemetery purposes in
exchange for tract of 150.92 acres elsew7here (see No. 7 post}. Con-
veyance made by Secretary of War by deed dated February 10, 1909.
The metes and bounds of the original reservation excluding tracts
"A" to " E," ante, but including tract " F," ante, are given in General
Orders No. 120, War Department, 1907.
2. Deed from Le Grand Young, trustee, etc., dated April 23, 1888,
conveying about 1,905 acres therein described, to protect and pre-
serve the water supply of Fort Douglas. Recorded in Book 2 N,
page 343, etc., of the deed records of Salt Lake County. The fore-
going tract was purchased under authority of an Act of Congress,
approved March 3, 1887; and by the same Act about 1,920 acres of
other lands were reserved for the same purpose, making the addition
by that Act, 3,825 acres.
3. The reservation was again enlarged by Executive Order dated
March 13, 1890, adding 2,520 acres thereto from the public domain.
4. An addition of about 209 acres taken from the public domain
was made by Executive Order dated June 8, 1896.
5. A tract of land, being the E. £ of NW. J, and the N. £ of SW. J
of Sec. 24, T. 1 N., R. 1 E., of Salt Lake meridian, aggregating 160
UTAH. 389
acres, was acquired by the following conveyances, for the purpose of
protecting the water supply. (This tract of land is included in those
reserved by Act of Congress of March 3, 1887, ante.}
a. Deed from Peter Van Houten and wife, dated January 8, 1904,
conveying 80 acres. Recorded in Book 6 W, page 222, of same
records.
1). Deed from James Doull, dated March 14, 1904, conveying 80
acres.* Recorded in Book 6 W, page 222, of same records.
6. Deed from Le Grand Young and wrife, dated July 14, 190G,
conveying about 750 acres, and releasing easements reserved by deed
of April 23, 1888, and also those granted to him by Act of March 3,
1887 (No. 2 ante.} Recorded in Book "7 P" page 134, of same
records.
7. Deed from L. H. and J. A. Young, dated January 16, 1909,
conveying to the United States 150.92 acres (consideration paid by
the Mount Olivet Cemetery Association). Recorded in Book " 7-L,"
page 599, of same records.
8. Deed from Miss Hilda Fosness, dated May 26, 1909, conveying
360 acres. Recorded in Book " 5-U," pages 377 and 378, of same
records.
For jurisdiction, see General Act of Cession; and deed under
authority of same from the Governor of the State, dated February
24, 1904, ceding jurisdiction over the reservation as then existing.
Easements: Pursuant to Act of Congress, approved March 3, 1887,
the Secretary of War, May 31, 1888, approved the selection of a
right of way 100 feet wide across the reservation, by the Salt Lake
and Fort Douglas Railway Company.
.Pursuant to Act of Congress, approved March 3, 1887, the Secre-
tary of War, October 12, 1888, granted permission to the Salt Lake
and Fort Douglas Railway Company to remove government stable
to another location and to build a station on its site.
Act of May 29, 1908 (35 Stat, 472) grants to Salt Lake City a
" perpetual easement and right of way " for conduit pipe line as now
constructed through the reservation.
Revocable Licenses: License, September 10, 1890, to The Salt Lake
City Railroad Company to enter upon the reservation and construct,
maintain and use thereon an electric railway.
License, February 28, 1893, to The Popperton Place and Fort
Douglas Rapid Transit Company to enter upon reservation and con-
struct, maintain and use thereon a line of electric railway.
License, March 3, 1897, to the Salt Lake Pressed Brick Company
to extract red clay from reservation for the purpose of manufactur-
ing fire brick.
License, March 1, 1905, to Geo. T. Wallace, of Salt Lake, Utah, to
care for and improve a strip of land, approximately 1,000 feet
square.
License, May 11, 1905, to The Utah Independent Telephone Com-
pany, for telephone line and exchange.
License, September 25, 1905, to The Western Union Telegraph
Company, for telegraph line.
License, November 7, 1905, to The Rocky Mountain Bell Telephone
Company, for telephone line.
License, January 6, 1906, to University of Utah, for 18-inch water
main.
390 UNITED STATES MILITARY RESERVATIONS, ETC.
FORT DUCHESNE.
This reservation contains an area of 6 square miles, or 3,840 acres,
and is situated on the right bank of the Uintah River about 8 miles
above its confluence with the Duchesne River, within the limits of the
Uintah Indian Reservation, in Uintah County. By Executive Order
dated September 1, 1887 (G. O. No. 59, A. G. O., Sept. 3, 1887), the
above tract embraced within the limits of the Uintah Indian Reser-
vation, created by Executive Order dated October 3, 1861, and Act
of Congress approved May 5, 1864, was proclaimed a military reserva-
tion for the post of Fort Duchesne. No cession as a military reserva-
tion, but as the Indian title has not been extinguished (such as it
is), exclusive jurisdiction is ceded by Section 2 of Article 3 of the
Constitution of the State of Utah, which provides as follows :
" The people inhabiting this State do affirm and declare that they
forever disclaim all right and title to the unappropriated public
lands lying within the boundaries hereof, and to all lands lying
within said limits owned or held by any Indian or Indian tribes," and
that until the title thereto shall have been extinguished by the United
States, the same shall be and remain subject to the disposition of the
United States, and said Indian lands shall remain under the absolute
jurisdiction and control of the Congress of the United States." *
Revocable Licenses: License, July 28, 1904, to Yee Sing to conduct
upon the reservation the laundry heretofore conducted by him under
permission of the post commander.
License, November 27, 1905, to The Uintah Railway Company to
occupy for office for " stage, telegraph and telephone line," such por-
tion of the " Post Trader's " building as may be designated by the
post commander.
License, December 7, 1905, to J. E. Horsley, for laundry.
License, April 3, 1906, to The Vernal and Fort DuChesne Tele-
phone Company, for telephone system.
License, September 30, 1907, to H. C. Means, Superintendent of
Irrigation, for use of certain Buildings.
OGDEN OBSERVATORY.
This reservation contains an area of 2.57 acres, and is situated at
Ogden, in Weber County. The title is as follows :
1. Deed from Myron W. Butler and wife, dated December 12,
1874, conveying the 2.57 acres above noted. Recorded in Book J,
page 11, of the deed records of Weber County.
2. Deed from same, dated October 14, 1878, conveying same land.
Recorded in Book L, page 431, of same records.
VERMONT.
GENERAL ACT OF CESSION.
" It is hereby enacted, etc., SECTION 1. That pursuant to article one,
section eight, clause seventeen of the Constitution of the United
States, consent to purchase is hereby given, and exclusive jurisdiction
ceded, to the United States, over and with respect to any lands within
VERMONT. 391
the limits of this State which shall be acquired by the United States
for any of the purposes described in said clause of the Constitution
of the United States; said jurisdiction to continue as long as the said
lands are held and occupied by the United States for public purposes :
Reserving, however, to this State a concurrent jurisdiction for the
execution upon said lands of all process, civil or criminal, lawfully
issued by the courts of the State, and not incompatible with the ces-
sion: Provided that an accurate map or plan, and description by
metes and bounds of said lands, shall be filed in the town clerk's office
of the town or towns in which the same are situate : and Provided that
the State reserves the right to tax all property of any railroad or
other corporation having a right of way or location over or upon the
said lands.
" SEC. 2. This act shall take effect from its passage."
(Approved August 26, 1891. Laws of Vt, Special Session, 1891,
p. 24.) See, also, Vermont Statutes, 1894, sec. 2207.
FORT ETHAN ALLEN.
This reservation contains an area of 790 acres, more or less, with
metes and bounds as announced in G. O. No. 76, W. D., May 11,
1908. It is situated in Colchester and Essex Townships in Chitten-
den County, 2 miles from Essex Junction and 6 miles from the City
of Burlington. The original purchase of 600 acres was made under
authority of an act of Congress approved August 5, 1892. An addi-
tion of 190 acres was purchased under authority of an act of Congress
approved August 18, 1894. The title is as follows :
1. Deed from Sidney H. Weston, dated December 8, 1892, convey-
ing 50 acres of land. Recorded in Vol. 28, page 155, of the Land
Records of Chittenden County, in the Clerk's Office at Colchester.
2. Deed from Sidney H. Weston, dated December 8, 1892, convey-
ing 26.76 acres of land. Recorded in Vol. 28, page 154, of same
records.
3. Deed from Sidney H. Weston, dated December 8, 1892, convey-
ing 32.33 acres of land. Recorded in Vol. 28, page 153, of same
records.
4. Deed from Sidney H. Weston, dated December 8, 1892, convey-
ing 20 acres of land. Recorded in Vol. 28, page 152, of same records.
5. Deed from M. F. Kelley and wife, dated December 8, 1892, con-
veying 50 acres of land. Recorded in Vol. 28, page 156, of same
records.
6. Deed from Madison L. Baldwin and wife, dated December 8,
1892, conveying 193 acres of land. Recorded in Vol. 28, page 159, of
same records.
7. Deed from Edmund J. Moseley and wife, dated December 10,
1892, conveying 109 acres of land. Recorded in Vol. 28, page 160, of
same records.
8. Deed from George W. Beckwith, Assignee, etc., dated December
15, 1892, conveying 14.47 acres of land. Recorded in Vol. 28, page
158, of same records.
9. Deed from Graton Brand and wife, dated December 21, 1892.
conveying 43.45 acres of land. Recorded in Vol. 20, page 234, of
same records.
392 UNITED STATES MILITARY RESERVATIONS, ETC.
10. Deed from Graton Brand and wife, dated December 21, 1892,
conveying 60.99 acres of land. Kecorded in Vol. 28, page 157, of
same records.
11. Deed from Michael Kelly, dated December 12, 1892, conveying
right of way for water and sewage. Eecorded in Vol. 27, page 421,
of same records.
12. Deed from Graton Brand, dated December 15, 1892, conveying
right of way for water and sewage. Eecorded in Vol. 20, page 235,
of same records.
13. Deed from Graton Brand, dated April 20, 1893, conveying
right of way for water and sewage. Eecorded in Vol. 27, page 441,
of same records.
14. Deed from Edmund J. Moseley and wife, dated September 14,
1893, conveying right of way as described. Eecorded in Vol. 27,
page 462, of same records.
15. Decree of Condemnation for 190 acres of land, in the cause of
the United States v. Graton Brand, in the District Court of the
United States for the District of Vermont. Eendered January 8,
1896, and filed with the record of said cause in the Clerk's Office of
said Court at Brattleboro.
16. Deed from Graton Brand and wife, dated June 22, 1896, con-
veying the land above condemned (No. 15, supra). Eecorded in Vol.
30, page 116, of said county records.
17. Eesolution by the Town of Colchester granting the right to the
United States to lay and forever maintain pipes and conduits for
sewage in the highways of the town, and also discontinuing for the
benefit of the United States a highway called " Dunbar Place."
Passed November 15, 1892, and recorded in the office of the Town
Clerk of the Town of Colchester.
Jurisdiction was ceded to the United States by an act of the Gen-
eral Assembly of the State, approved November 18, 1892, which act
provides as follows:
" SECTION 1. The consent of the legislature of the State of Ver-
mont is hereby given to the United States to acquire by purchase, gift
or otherwise, such lands in the towns of Colchester and Essex in this
State, as the United States may select for the establishment and
maintenance of a Military Post ; and exclusive jurisdiction is hereby
ceded to the United States over and in respect to any and all lands in
said towns of Colchester and Essex so acquired by the United States
for such purpose; said jurisdiction to continue as long as said lands
are held and occupied by the United States for public purposes;
reserving however to this State a concurrent jurisdiction for the exe-
cution upon said lands of all process, civil or criminal, lawfully
issued by the Courts of this State, and not incompatible with this
cession." (Laws of Vermont, 1892, p. 392.)
See also General Act of Cession.
Easements: The title acquired under decree of condemnation, ren-
dered January 8, 1896, and deed from Graton Brand and wife, ante,
is subject to an easement in the public of a highway called the Essex
and Winooski road, covering 7 acres, and to an easement for railway
right of way in the Central Vermont Eailroad Company, covering
21.2 acres.
VIRGINIA. 393
Revocable Licenses : License, June 15, 1893, to the Central Vermont
Railroad Company to construct, maintain and use a side-track on the
reservation.
License, May 16, 1906, to The New England Telephone and Tele-
graph Co. for telephone system.
GREEN MOUNT CEMETERY.
(Soldiers' lot.)
This reservation is known as Lot No. 324, and is situated in " Green
Mount Cemetery," in the city of Montpelier, in Washington County.
The title is as follows :
Deed from the Town of Montpelier, dated March 28, 1866, con-
veying above-described lot.
PROSPECT HILL CEMETERY.
(Soldiers' lot in.)
This lot contains an area of 1,500 square feet, and is situated in
Prospect Hill Cemetery, at Brattleboro, in Windham County. The
title is as follows :
Deed from " The Prospect Hill Association," dated August 28,
1869, conveying above lot. Recorded in Book Y, page 520, of the
deed records of Windham County, in the Office of the Town Clerk of
Brattleboro.
VIRGINIA.
GENERAL ACT OF CESSION.
1. Be it enacted, etc., That the consent of the State of Virginia is
hereby given, in accordance with the seventeenth clause, eighth sec-
tion, of the first article of the constitution of the United States, to the
acquisition by the United States, by purchase, condemnation, or other-
wise, of any land in this State required for sites for custom houses,
courthouses, postoffices, arsenals, or other public buildings whatever,
or for any other purposes of the government.
2. That exclusive jurisdiction in and over any land so acquired by
the United States shall be, and the same is hereby, ceded to the United
States for all purposes except the service upon such sites of all civil
and criminal process of the courts of this state; but the jurisdiction
so ceded shall continue no longer than the said United States shall
own such lands.
3. The jurisdiction ceded shall not vest until the United States
shall have acquired the title to said lands by purchase, condemnation,
or otherwise ; and so long as the said lands shall remain the property
of the United States when acquired as aforesaid, and no longer, the
same shall be and continue exempt and exonerated from all State,
County, and municipal taxation, assessment, or other charges which
may be levied or imposed under the authority of this State. (Ap-
proved April 2, 1902. Acts of 1901-2, p. 565. See Virginia Code,
1904, sec. 15a.)
394 UNITED STATES MILITARY RESERVATIONS, ETC.
ALEXANDRIA NATIONAL CEMETERY.
This reservation, containing an area of 5.50 acres of land and right
of way, is situated near Alexandria, in Fairfax County. The title is
as follows:
1. Deed from John H. Baggett and wife, dated November 3, 1865.
conveying 88,164 square feet of ground. Recorded in Liber S, No. 4,
page 38, of the deed records of Fairfax County.
2. Deed from John H. Baggett and wife, dated November 24, 1870,
conveying 8-J square perches of land. Recorded in Liber S, No. 4,
page 37, of same records.
3. Deed from John Baggett and wife, dated December 19, 1882,
conveying 1.61 acres of land. Recorded in Liber B, No. 5, page 576,
of same records.
4. Lease from the City of Alexandria, for 999 years, dated June 1,
1862, leasing 2 acres of land. Recorded in Liber S, No. 4, page 41,
of same records.
5. Quit-Claim Deed from the City of Alexandria, dated May 6,
1875, conveying all interest in land described in above lease. Re-
corded in Liber S, No. 4, page 238, of same records.
6. Deed from the City of Alexandria, dated July 17, 1891, convey-
ing a right of way 30 feet wide over certain streets, etc., to the
cemetery. Recorded in Book K, No. 5, page 623, of same records.
Jurisdiction was ceded to the United States by an Act of the State
Legislature, approved March 26, 1872, which provides as follows :
" 1. Whereas, it is represented by William Myers, Captain and
depot quartermaster, that he is instructed by the Quartermaster-
General of the United States Army to apply to the general assembly
for its consent to the purchase by the authorities of the United States
of a tract of land in the County of Fairfax, near the City of Alex-
andria, now occupied as a national cemetery, and that according to
his description of said land it is laid down and bounded as follows:
[Here describes the lands.]
" Be it enacted, etc., That the consent of this State is hereby given
to the purchase of said land from the owners thereof, whether indi-
viduals or corporation, by the Government of the United States of
America, or its authorized officers or agent, to be occupied and used
as a National Military Cemetery, and for this purpose only. But this
consent is given, subject to the following terms and conditions, to wit :
" First. That this State retains concurrent jurisdiction with the
United States over the said place, so that Courts, magistrates and
officers of this State may take such cognizance, execute such process
and discharge such other legal functions within the same as may not
be incompatible with the consent hereby given.
" Second. That if the purposes of this grant should cease, or there
should be for five years consecutively a failure on the part of the
United States to use said place for said purpose, then the jurisdiction
hereby ceded shall cease and determine and the same shall revert to
the Commonwealth of Virginia.
" The said tract of land and the buildings that may be erected
thereon for the purposes aforesaid, and any property of the United
States for said purposes on said tracts, are hereby exempted from all
taxes imposed by this State or by the constituted authorities of the
VIRGINIA. 395
County of Fairfax or the City of Alexandria; but this exemption
shall continue only so long as the United States shall be and remain
the owners of said Military Cemetery." (See Code of Va., 1904,
sec. 15.)
See also General Act of Cession.
AQUEDUCT BRIDGE.
( Southern Approach to.)
This reservation contains 5.2418 acres and is situated at the Vir-
ginia end of the bridge connecting Georgetown and Rosslyn. The
land embraced is more particularly described as follows: Beginning
at a point 100 feet east of the north-east corner of Canal Street and
Chadwick avenue and running thence west along the north side of
Canal Street four hundred and eighty feet, thence in a northerly
direction at an angle of ninety degrees with Canal Street to the south
bank of the Potomac River, thence in an easterly direction along the
south bank of the Potomac River and abutment of the said Bridge to
the intersection on the River bank of a line drawn from the point of
beginning at an angle of ninety degrees with the north line of Canal
Street aforesaid and from thence in a straight line to the place of
beginning.
The tract was acquired pursuant to authority of Act of Congress,
approved June 21, 1886. The title is as follows:
Deed from Alexandria Canal, Railroad and Bridge Company,
dated December 18, 1886, conveying above tract (including the
bridge, piers, etc.). Recorded in Liber G. No. 4, folio 436, of the
land records of Alexandria County Court.
Jurisdiction was ceded by an act of the State Legislature, approved
March 6, 1886, which provided as follows:
" 1. Be it enacted etc., That the consent of this state be and is
hereby given to the purchase or acquisition, by gift or concession of
the owners, by the government of the United States, or under the
authority of the same, of land in the county of Alexandria, neces-
sary for the abutment and approaches of the proposed bridge across
the Potomac river, anywhere in the county of Alexandria, not exceed-
ing ten acres, and the building of such abutment and approaches
upon the land that may be so acquired, and to the exercise of such
jurisdiction by the United States over the same as may be necessary.
But this consent is given subject to the following terms and condi-
tions, to- wit:
" First. That this state retains concurrent jurisdiction with the
United States over such land, so that the courts, magistrates, and
officers of this state may take such cognizance, execute such process,
and discharge such other legal functions within the same as may not
be incompatible with the consent hereby given.
" Second. That if the purpose of this grant should cease, or there
should be, for five years consecutively a failure on the part of the
United States to use said land for said purpose, then the jurisdiction
hereby ceded shall cease and determine, and the same shall revert to
the commonwealth of Virginia.
" 2. The land acquired, and the abutments and approaches built for
the purposes aforesaid, shall be exempt from taxation by the state,
396 UNITED STATES MILITARY RESERVATIONS, ETC.
or by the constituted authorities of the county of Alexandria; but
this exemption shall continue only so long as the United States shall
continue to be owners of the land and the erections thereon.
" 3. This act shall be in force from its passage." (See Code of Va.,
1904, sec. 15.)
Easement: Act of Congress, approved July 29, 1903, provided for
the crossing of Aqueduct Bridge by the Great Falls and Old Do-
minion Railroad Company. Location of right of way approved by
the Secretary of War, July 14, 1904, and November 29, 1905.
Revocable Licenses: License, March 15, 1887, to the Baltimore and
Ohio Telegraph Company to place poles upon the bridge and abut-
ments.
License, December 18, 1895, to Washington, Arlington and Falls
Church Railway Company to extend its track to the south end of the
bridge.
License, January 5, 1897, to Washington, Arlington and Falls
Church Railway Company to lay additional track.
License, April 27, 1898, to the Washington, Arlington and Falls
Church Railway Company to erect an addition to the reception room
at the south end of the Aqueduct Bridge.
License, July 9. 1898, to the Postmaster at Rosslyn to construct and
maintain small toilet room under platform of station building.
License, June 6, 1900, to Washington, Arlington and Falls Church
Railway Company to erect a platform on east side of station at south
end of Aqueduct Bridge.
License, October 12, 1900, to Washington, Arlington and Falls
Church Railway Company to erect addition to station building at
south end of Aqueduct Bridge.
License, May 1, 1901, to Washington, Arlington and Falls Church
Railway Company to add to the floor space of its lunch room in sta-
tion building at the south end of the Aqueduct Bridge.
License, June 10, 1904, to Washington, Arlington and Falls Church
Railway Company to alter the position of its tracks and the form of
its station, and to widen the platform from the immediate approach
to the Aqueduct Bridge.
License, March 18, 1905, to the Western Union Telegraph Company
to maintain existing telegraph line.
License, December 5, 1905, to the Falls Church Telephone and Tele-
graph Company to relocate its line of telegraph and telephone poles.
License, January 27, 1906, to the Rosslyn Connecting Railroad
Company for 3-inch water pipe along roadway in front of the reser-
vation and crossing the military road.
License, March 19, 1906, to the Washington, Arlington and Falls
Church Railway Company for toilet room and water and sewer con-
nections.
License, April 2, 1906, to Washington, Arlington and Falls Church
Railway Company to "maintain its tracks, switches and pole line"
and for " suspension pole " — all previous licenses for " poles or pole
lines " being revoked.
License, July 16, 1906, to Great Falls and Old Dominion Railroad
Company for loop track.
License, January 14, 1907, to same company for small building for
shelter of pitman.
VIRGINIA. • 397
Licenses, November 10 and 19, 1908, to Washington, Arlington
and Falls Church Railway Company to alter the location of tracks,
switches and poles, to remove and replace sidewalk, etc.
License, dated December 2, 1909, to Potomac Electric Power Com-
pany for pole line on the Aqueduct Bridge, Fort Myer military road.
License, dated December 14, 1909, to Rosslyn Electric and Gas
Company to lay gas main on reservation at south end of Aqueduct
Bridge, military road, and Fort Myer Reservation.
See also Aqueduct Bridge, District of Columbia, and easements and
licenses under Arlington, Virginia.
ARLINGTON.
This reservation, together with an area between the Georgetown
and Alexandria Road and the Potomac River, about 330 acres, juris-
diction as to which is in the Department of Agriculture (act of
April 18, 1900, as amended June 3, 1902, 32 Stats. L., 293), con-
tains, according to survey, about 1,046 acres, with metes and bounds
as given in G. O. No. 27, W. D., February 10, 1909. It is situated on
the West bank of the Potomac River, opposite Washington, D. C.
The following is inserted here as containing a full statement of the
title, etc. :
This tract of land, improved by sundry buildings, etc., the legal
title to which, under the will of George W. Parke Custis, who died
in 1857, was in Mrs. Mary Ann Randolph Lee, the wife of Gen.
Robert E. Lee, for life, with remainder over to George Washington
Custis Lee in fee conditional, was taken possession of by the United
States in the Spring of 1861 as within their military lines and the
immediate scene of important military operations against an enemy
then in arms against the Government, and so continued in possession
for such purposes after the course of events had carried military occu-
pation and operations elsewhere, as a defensible position for fortifica-
tions to command the capital. Subsequently, under a certain direct-
tax act of June 7, 1862, and February 6, 1863, a tax was assessed
against the property, and, in default of payment, the usual sale was
had, when the United States, pursuant to authority of law, bid in
the property at the tax sale " for Government use for war, military,
charitable, and educational purposes," and under this title continued
in possession until 1883. During this period a considerable part of
the property was devoted to a cemetery for deceased soldiers of the
United States, under the style of the Arlington National Cemetery;
another considerable part for the erection of a fort and the works
connected therewith, under the -name of Fort Whipple, subsequently
changed to Fort Myer; and a third and smaller part for the occupa-
tion of homeless and destitute freedmen and colored refugees.
After the close of the war, Mrs. Lee having deceased, the remain-
der-man, George W. P. C. Lee, claiming that the tax sale was defect-
ive, brought an action of ejectment in the Circuit Court for the
County of Alexandria, Va., which was removed by a writ of certiorari
into the Circuit Court of the United States, where it was heard and
determined in favor of the claimant. From this decision the case was
taken to the Supreme Court on writs of error, and the latter court, at
its October term, 1882, affirmed the judgment in favor of Mr. Lee, on
the ground that the tax certificate and sale did not divest the plaintiff
398 UNITED STATES MILITAKY RESERVATION S, ETC.
of his title to the property. (See U. S. v. Lee; Kaufman v. Lee, 16
Otto, 196.) Under this new condition of affairs, involving a possible
removal of thousands of bodies from the cemetery, the dismantling of
a fort, and the dispossession of many colored people whom the United
States had permitted to reside on a part of the tract, and in order to
secure a complete title to the property, the United States, under
authority of an act approved March 3, 1883, accepted an offer of Mr.
Lee to convey the same, with covenant of general warranty against
every manner of claim against or in respect of said property, in rem
or in personam, and also against all and every claim for damages on
account of the use or occupation of said property, for the sum of
$150,000.
Accordingly, on the 31st of March, 1883, for and in consideration
of $125,000 in hand paid ($25,000 being retained until jurisdiction
should be ceded by the State of Virginia, with perpetual exemption
from taxation) , the estate all and singular was conveyed to the United
States by deed in fee simple by George W. P. C. Lee for himself, his
heirs, and assigns forever (Deed recorded in Book F 4, records Alex-
andria County, Va., p. 257, May 14, 1883) ; and on the 25th of March,
1884, the general assembly of the State of Virginia having, by act
approved February 23, 1884, ceded its jurisdiction over the said land
and exempted the same from taxation, the final payment of $25,000
was made, and the Arlington Estate became the property of the
United States.
By order of the Secretary of War, dated January 11, 1897, the
limits of the National Military Cemetery within the foregoing-de-
scribed estate were defined and the area fixed at 408^V acres.
By order of the Secretary of War, dated February 8, 1889, the
limits of the post of Fort Myer within the aforesaid-described estate
were defined and the area fixed at 186 acres, and the remainder of the
estate placed in charge of the Quartermaster's Department.
The jurisdiction ceded to the United States by the Act of the State
Legislature, heretofore referred to, is as follows :
"Whereas, Robert T. Lincoln, Secretary of War of the United
States, has made application to this General Assembly, for its consent
to the purchase by the authorities of the United States of a tract of
land, described as follows: All that certain tract or body of land,
situate in Alexandria County (formerly in Fairfax County), in the
State of Virginia, commonly known as the Arlington House estate,
containing eleven hundred acres, be the same ever so much more or
less, being the identical tract or body of land, which was conveyed by
Gerard Alexander and wife, to John Park Custis, by deed bearing
date, December twenty-fifth, A. D. one thousand seven hundred and
seventy-eight, and of him the said John Park Custis, inherited by
George W. P. Custis, who devised the same to George W. C. Lee, and
by him, the said George W. C. Lee, conveyed to the United States, by
deed bearing date the thirty-first day of March, eighteen hundred
and eighty-three, recorded in Liber F, number four, folio two hun-
dred and fifty-seven, one of the land records of Alexandria County,
Virginia ; and whereas, the United States authorities held possession
of said real estate, claiming absolute ownership thereof from January
eleventh, eighteen hundred and sixty-four, until March thirty-first,
eighteen hundred and eighty-three, and used the same as a national
cemetery for the burial of deceased soldiers and sailors, and for other
VIRGINIA. 399
public purposes, during which period no taxes, or county or township
levies were either demanded or paid thereon, and for which a claim
has been recently asserted ; therefore,
" 1. Be it enacted by the General Assembly of Virginia, That the
consent of this state is hereby given to the purchase of said tract of
land by the Government of the United States of America, but this
consent is given subject to the following terms and conditions, to wit:
That this State retains concurrent jurisdiction with the United States
over the said tract of land, so that courts, magistrates and officers of
this state may take such cognizance, execute such process, and dis-
charge such other legal functions within the same as may not be in-
compatible with the consent hereby given.
" 2. That said tract of land and the buildings now or that may
hereafter be erected thereon, and any property of the United States,
on said tract, are hereby exempted from all taxes imposed by this
state, or by the constituted authorities of Alexandria County, and
this exemption shall be in force from the date of said purchase by the
United States, March thirty-first, eighteen hundred and eighty-three,
and shall continue only so long as the United States shall be and
remain the owner of said tract of land; and all taxes, and county,
township and district levies, due or claimed to be due, for, against or
upon said real estate since the same went into possession of and has
been held and used by the United States authorities, as aforesaid, are
hereby released and discharged." (See Code of Va., 1904, sec. 15.)
See also General Act of Cession.
Easements: Act of Congress approved February 28, 1891, granted
a right of way through the reservation to the Washington and Arling-
ton Railway Company. Location approved by the Secretary of AVar,
December 12, 1891.
Act of Congress approved March 3, 1893, granted a right of way
66 feet wide through the reservation to the Washington Southern
Railway Company. Location approved by the Secretary of War,
June 1, 1893.
Act of Congress approved December 8, 1894, granted a right of way
50 feet in width through the reservation to the Washington, Alexan-
dria and Mt. Vernon Railway Company.
Revocable -Licenses: License, February 27, 1889, to the Board of
Supervisors of Alexandria County to open and maintain a road forty
feet wide upon the reservation.
License, September 5, 1894, to the Washington, Arlington and
Falls Church Railway Company, owner of railway constructed by
Washington and Arlington Railway Company, to construct line of
double track on the reservation and to erect passenger shed at its
terminus and a platform and shed near Fort Myer reservoir.
License, April 20, 1895, to the Washington, Arlington and Falls
Church Railway Company to construct, operate and maintain its
line of railway across the northwest corner of the reservation.
License, April 26, 1898, to the Washington, Arlington and Falls
Church Railway Company to extend its line of tracks across the Fort
Myer reservation. Change in location authorized, May 2, 1908, to
make room for post buildings.
License, November 26, 1898, to the Washington, Arlington and
Falls Church Railway Company to connect with government water
400 UNITED STATES MILITARY RESERVATIONS, ETC.
main and drain pipe at the station building near Arlington Ceme-
tery gate.
License, May 4, 1899, to the Home Telephone Company to place
poles along western boundary of the reservation.
License, February 27, 1901, to Washington, Arlington and Falls
Church Railway Company to construct and maintain small shelter
station on the reservation.
License, July 31, 1902, to Washington, Arlington and Falls Church
Railway Company to change the location of its tracks on the reserva-
tion.
License, February 19, 1904, to the Falls Church Telephone and
Telegraph Company to erect and maintain not exceeding ten poles
on the reservation.
License, April 25, 1906, to Washington, Arlington and Falls Church
Railway Company for extension of tracks to connect with line of
Washington, Alexandria and Mount Vernon Railway.
License, February 11, 1909, to The Falls Church Telegraph and
Telephone Co. for wires on trolley poles of the Washington, Arling-
ton and Falls Church Railway Company.
License, February 27, 1909, to Washington, Arlington, and Falls
Church Railway Company for double-track electric railway with loop.
License, May 22, 1909, to The Falls Church Telegraph and Tele-
phone Co. for telephone line along west line of public road on west
side of Fort Myer.
For further privileges see Aqueduct Bridge, Virginia.
ARLINGTON NATIONAL CEMETERY.
This reservation contains an area of four hundred and eight and
one-thirtieth acres, being a portion of the Arlington Estate.
See Arlington for situation, title and jurisdiction.
BALLS BLUFF NATIONAL CEMETERY.
This reservation contains an area of 2,500 square feet of land, situ-
ated about 2 miles from Leesburg, in Loudoun County, which was
taken possession of and enclosed by the United States Government
in 1865. Quit-claim deeds were obtained in 1904 from a majority of
the heirs of the late Governor Swann, of Maryland, the former owner
of the tract.
Deed from Rachel A. Paxton, dated March 7, 1907, to right of way
for roadway. Deed recorded " 8— E— 113."
For jurisdiction see General Act of Cession.
BELLONA ARSENAL.
This reservation contains an area of 27.50 acres of land, and is
situated on the South side of the James River in Chesterfield County.
The title is as follows:
Deed from William Trabue and wife and Mary Reddy, dated Sep-
tember 21, 1815, conveying the above-described 27.50 acres. Re-
corded October 9, 1815, in the Clerk's Office of Chesterfield County.
Jurisdiction was ceded to the United States by an act of the State
Legislature, passed February 22, 1845, which provides as follows :
" 1. Be it enacted, etc., That the assent of this state is hereby given
to the purchase which was made by the United States of a piece of
VIRGINIA. 401
land containing 27.50 acres situate in Chesterfield County and known
as the site of the Bellona Arsenal, according to the boundaries thereof
described in the deed of purchase from William Trabue and wife and
Mary Reddy, bearing date twenty-first day of September, Anno
Domini eighteen hundred and fifteen, which description is as fol-
lows: [Here describes tract.] Provided always, And the assent afore-
said is granted upon the express condition that this state shall retain
a concurrent jurisdiction with the United States in and over the tract
of land aforesaid, so far as that all civil and such criminal processes
as may issue under the authority of this state against any person or
persons charged with crimes committed without the bounds of said
tract may be executed therein in the same way and manner as though
this assent had not been granted." (See Code of Va., 1904, sec. 15.)
See also General Act of Cession.
CITY POINT NATIONAL CEMETERY.
This reservation contains an area of 7.49 acres, and is situated on
the south bank of the Appomattox River at City Point, in Prince
George County. The title is as follows :
1. Decree of condemnation for 7.34 acres and 0.85 acre in roadway,
in cause wherein Edward Comer was plaintiff and the United
States defendant, in the District Court of the United States for the
District of Virginia. Rendered January 16, 1868, and filed with the
record in said cause in the Clerk's Office of said Court at Richmond.
2. Deed from Edward Comer, dated January 23, 1868, conveying
the lands embraced in Decree of Condemnation marked No. 1, supra.
Recorded in the Clerk's Office of Prince George County.
3. Deed from Charles Comer, dated December 21, 1872, conveying
a strip of land to build wall around cemetery. Deed recorded in Vol.
29, page 575, of same records.
For jurisdiction see General Act of Cession.
COLD HARBOR NATIONAL CEMETERY.
This reservation contains an area of 1.75 acres, and is situated at
Cold Harbor, about 9 miles northeast from Richmond, in Hanover
County. The title is as follows:
1. Decree of Condemnation for above property in Cause No. 4, In
the matter of the petition of E. S. Talley, Guardian of Indiana H.
Slaughter, in the United States District Court, District of Virginia.
Rendered June 22, 1870, and filed with the record in said cause in the
Clerk's Office of said Court.
2. Deed from E. S. Talley, Special Commissioner, etc., dated April
21, 1869, conveying land in accordance with above decree. Recorded
in Book No. 4, page 514, of the deed records of Hanover County.
3. Deed from Miles Garthwright, et al., dated October 8, 1871, con-
veying a strip of land around cemetery for a wall. Recorded Decem-
ber 30, 1872, in same records.
Jurisdiction was ceded to the United States over that strip of land
described in a deed from Miles Garthwright et al., marked No. 3,
supra, by an act of the State Legislature, approved March 7, 1873.
16809—10 26
402 UNITED STATES MILITARY RESERVATIONS, ETC.
The entire act, as it relates also to another Cemetery, is set out in full
as follows:
"Whereas it is represented by Theo. J. Eckerson, Captain and
Assistant Quartermaster, that he is instructed by the Quartermaster-
General of the United States Army to apply to this general assembly
for its consent to the purchase by the authorities of the United States
of two tracts of land, now occupied as Military Cemeteries, and that
according to his description of said tracts of land, they are laid down
and bounded as follows :
" First. A certain lot or parcel of land situate, lying, and being in
the County of Henrico and State of Virginia, containing One and
forty-four one-thousandth acres, and being the tract conveyed to the
United States by Mattie E. Cox and Francis E. Cox, by deed dated
May fourteenth, eighteen hundred and seventy-two, and bounded as
follows, to wit : On the north by land formerly owned by Alpheus W.
Childrey and conveyed by him to the United States for a national
cemetery; on the east by the Varina road; on the south by property
belonging to the said Mattie E. and Francis E. Cox, and on the west
by land belonging to the said Mattie E. and Francis E. Cox and
Alpheus W. Childrey.
" Second. A certain lot or parcel of land lying and being in the
township of Henry, County of Hanover and State of Virginia, con-
taining three-fourths of an acre, more or less, and being the tract
conveyed to the United States by Miles Garthwright and Margaret,
his wife, and Gustavus Lange, by deed dated the seventh day of
October, eighteen hundred and seventy-one, and being a strip of land
five feet wide, immediately adjoining and extending around three
sides of the Cold Harbor National Cemetery, to \vit, the north, east
and we^t sides of said Cemetery : Therefore,
" 1. Be it enacted l>y the General Assembly of Virginia, That the
consent of this State is hereby given to the purchase of said lands by
the Government of the United States of America, to be occupied and
used as a national cemetery, and for this purpose only. But this con-
sent is given subject to the following terms and conditions, to wit :
" First. That this State retains concurrent jurisdiction with the
United States over the said tracts of land, so that courts, magistrates,
and officers of this State may take such cognizance, execute such
process, and discharge such other legal functions within the* same as
may not be incompatible with the consent hereby given.
" Second. That if the purposes of these grants should cease, or
there should be, for five years consecutively, a failure on the part of
the United States to use said places, or either of them, for said pur-
pose, then the jurisdiction hereby ceded shall cease and determine as
to the place so failing to be used, and the same shall revert to the
Commonwealth of Virginia. The said tracts of land, and the build-
ings that may be erected thereon, for the purpose aforesaid, and any
property of the United States for said purposes on said tracts, are
hereby exempted from all taxes imposed by this State, or by the
constituted authorities of the Counties of Henrico or Hanover, but
this exemption shall continue only so long as the United States shall
be and remain the owner of said military cemeteries." (See Code of
Va., 1904, sec. 15.)
See also General Act of Cession.
VIRGINIA. 403
CRANEY ISLAND.
This reservation containing 32.5 acres, includes the whole Island,
except as hereinafter noted. It is situated near Norfolk, in Norfolk
County, and bounded by the waters of Elizabeth River, Craney
Island Creek, Thoroughfare Creek, and James River. The title is
as follows:
Deed from George D. Wise, et al., dated May 5, 1817, conveying
the entire Island. Recorded August 11, 1817," in the Norfolk County
Court Clerk's Office.
By order of the Secretary of War, dated October 12, 1874, the
Northwestern third was transferred to the Navy Department for
erection of a magazine, with privilege to construct a landing at the
southeastern end of the Island, and right of way over the Island to
the magazine at the northwestern end.
On June 2, 1899, the island was transferred by the Navy Depart-
ment to the Marine-Hospital Service for quarantine purposes, with
the understanding that the State and county authorities shall be
allowed under the supervision of the Marine-Hospital Service to
there isolate contagious and infectious diseases.
For jurisdiction see General Act of Cession.
CULPEPER NATIONAL CEMETERY.
This reservation contains an area of 6 acres, and is situated at Cul-
peper, in Culpeper County. The title is as follows :
1. Decree of condemnation for G acres of land in the matter of
Edward B. Hill y. United States, in the United States District Court
for the District of Virginia. Rendered April 27, 1867, and filed with
the record in said cause in the Clerk's Office of said Court.
2. Deed from John M. Leavell and wife and William T. Leavell,
Trustees, etc., dated October 3, 1890, conveying 2,830 square feet of
land for right of way and approach to Cemetery. Recorded in Book
24, page 129, of the deed records of Culpeper County.
3. Deed from Carter A. Saunders and wrife, dated November 11,
1890, conveying 16,260 square feet of land for roadway and approach
to cemetery. Recorded in Book 24, page 130, of same records.
4. Deed from the Board of Trustees of the Catalpa School District,
dated November 20, 1890, conveying 5,660 square feet of land for
right of way and approach to cemetery. Recorded in Book 24, page
128, of same records.
For jurisdiction see General Act of Cession.
DANVILLE NATIONAL CEMETERY.
This reservation contains an area of 3.50 acres, and is situated at
Danville, in Pittsylvania County. The title is as follows:
1. Deed from the Town of Danville, dated July 19, 1873, conveying
about 2.7 acres. Recorded July 19, 1873, in the record of deeds at
Danville. The foregoing deed was authorized by the Common Coun-
cil of Danville, May 6, 1873, as per minutes or proceedings of said
Council of said date in the Clerk's Office.
2. Deed from Thomas D. Stokes, Executor, etc., dated July 19,
1873, conveying four-fifths of an acre of land. Recorded July 19,
1873, in same records.
404 UNITED STATES MILITARY RESERVATIONS, ETC.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved April 22, 1874, which act is as follows :
"Whereas it is represented by Theo. J. Eckerson, Captain and
Assistant Quartermaster, that he is instructed by the Quartermaster-
General of the United States to apply to this general assembly to
relinquish its jurisdiction over the parcels of land constituting the
national cemeteries at Glendale, in the County of Henrico, and at the
town of Danville, the United States having purchased the same ; and
according to his description of said tracts of land, they are laid out
and bounded as follows:
" First. That certain piece or parcel of land deeded to the United
States September fifteenth, eighteen hundred and seventy-three, by
R. Heber Nelson, Sally B. Nelson, Ethelinde Nelson, and Luciel Nel-
son, for national cemeteries, situated in the township of Varina, in the
County of Henrico, bounded and described as beginning at a point
three feet south of the westerly prolongation of the present southerly
boundary line of the Glendale National Cemetery, and three feet west
of the southerly prolongation of the present westerly boundary line of
said cemetery, running thence south eighty degrees east, and on a line
parallel with the present southerly line of said cemetery and three
feet therefrom, three hundred and six feet and three inches; thence
north eleven degrees east, parallel with the present easterly boundary
line of said cemetery and three feet distant therefrom, two hundred
and eighty- four feet and six inches; thence north seventy-nine de-
grees west, parallel with the present northerly boundary line of said
cemetery and three feet therefrom, three hundred and four feet and
one inch; thence southerly three feet, and parallel with the north-
erly prolongation of the present westerly boundary line of said ceme-
tery and three feet therefrom ; thence easterly three feet to the pres-
ent northwesterly corner of said cemetery, and continuing easterly
therefrom on the present northerly boundary line of said cemetery to
the present northeasterly corner thereof; thence southerly on the
present easterly boundary line of said cemetery to the southeasterly
corner thereof; thence westerly and on the present southerly bound-
ary line of said cemetery to a point three feet beyond and west of the
present westerly boundary line thereof ; thence southerly three feet to
the place of beginning.
" Second. All that certain lot or parcel of land situated in the town
of Danville, and deeded to the United States July nineteenth, eighteen
hundred and seventy-three, by Thomas D. Stokes, Executor of N. T.
Green, deceased, for a national cemetery, bounded and described as
beginning at a stone at corner of Lee street and the road leading to
the freedman's cemetery; thence south, twelve degrees thirty minutes
east, two hundred and seventy-five feet to a rock ; thence south sev-
enty-six degrees west, seventy-three feet to a stone; thence north,
thirty-five degrees west, two hundred and eighty-five feet to a stone
on Lee street ; thence north, seventy-six degrees east, along the line of
Lee street, one hundred and eighty feet to the beginning.
" Third. All that certain lot or parcel of land situated in said
town of Danville, and deeded to the United States July nineteenth,
eighteen hundred and seventy-three, for a national cemetery, by the
town of Danville, acting by George C. Ayres, president of the coun-
cil of said town, bounded and described as beginning on Lee street
at the northeast corner of Greenhill cemetery ; thence north seventy-
VIRGINIA. 405
six degrees east, along said street four hundred and twenty-nine feet
to a stone; thence south, thirty-five degrees east, two hundred and
eighty-five feet to a stone; thence south, seventy-six degrees west,
four hundred and twenty-nine feet to a stone in boundary line of
Greenhill cemetery aforesaid ; thence north, thirty-five degrees west,
two hundred and eighty-five feet to the beginning : therefore,
" 1. Be it enacted by the General Assembly, That the consent of
this State is hereby given to the purchase of said lands by the Gov-
ernment of the United States of America, each to be occupied and
used as a national military cemetery, and for this purpose only. But
this consent is given subject to the following terms and conditions,
to wit :
" First. That this State retains concurrent jurisdiction with the
United States over the said tracts of land, so that courts, magis-
trates and officers of this State may take such cognizance, execute
such process, and discharge such other legal functions within the
same as may not be incompatible with the consent hereby given.
" Second/ That if the purposes of these grants should cease, or
there should be for five years consecutively a failure on the part of
the United States to use said places, or either of them, for said pur-
poses, then the jurisdiction hereby ceded shall cease and determine as
to the place so failing to be used, and the same shall revert to the
Commonwealth of Virginia.
" 2. The act shall take effect from its passage." (See Code of Va.,
1904, sec. 15.)
See also General Act of Cession.
FERRY POINT.
This reservation contains an area of 136 square poles and 50 links
of land and is situated on a point called Ferry Point, on the Eliz-
abeth River, in Norfolk County. The title is as follows :
Deed from William Thompson and wife, dated September 1, 1808,
conveving the above property. Recorded in Record Book of Deeds,
page 173, October 17, 1808, in Norfolk, County of Norfolk.
For jurisdiction see General Act of Cession.
FREDERICKSBURG NATIONAL CEMETERY.
This reservation contains an area of 12.005 acres and is situated at
Fredericksburg, in Spottsylvania County. The title is as follows:
Deed from Douglas H. Gordon and wife, dated November 5, 1868,
conveying the above tract. Recorded in the Clerk's Office of the
Corporation Court of Fredericksburg April 21, 1869.
No cession of jurisdiction over cemetery.
In anticipation of the United States government acquiring a right
of way from the City of Fredericksburg, the State Legislature gives
consent and cedes jurisdiction by the following act, approved March
3, 1884, which provides as follows:
" Whereas it is represented to the general assembly that a bill is
now pending in the Congress of the United States, authorizing the
latter to open, occupy, and improve and maintain a suitable and con-
venient road from the City of Fredericksburg to the National Cem-
etery near said City :
" 1. Be it enacted, etc., That the consent of this State be and is
hereby given to the purchase by the United States of such real estate
406
in said City and County as may be necessary and convenient for said
purposes, and to the occupation, improvement and use by the United
States of any existing streets in said town, or public roads in said
County, as may be needful and suitable for said purpose ; and when
the said real estate shall have been purchased and the said streets or
roads shall have been so occupied, used and improved for said pur-
pose, jurisdiction is hereby ceded to the Government of the United
States, so that Congress and the lawful authorities of the federal gov-
ernment shall have all lawful power and control over the same : pro-
vided, however, that the consent herein given shall not extend to the
purchase or acquisition of more than ten acres of land for said pur-
pose: and provided further, that the State retain concurrent jurisdic-
tion over said real estate and said improved road to said cemetery in
all matters relating to the violation of the laws of this State, and
of the ordinances of said city, to the execution and service of all proc-
esses issued by or from the courts of the State and its magistrates
or other officers, in pursuance of law, and in all other matters not
incompatible with the consent herein given, and the rightful author-
ity of the United States thereby acquired and to be acquired under
this act.
"2. The said real estate and said improved road are hereby ex-
empted from all taxes imposed or to be imposed by this State and
constituted authorities of said city and county, so long as the same
shall be held, maintained and used by the federal government for
the purposes hereinbefore mentioned, and no longer." (See Virginia
Code, 1904, sec. 15.)
See also General Act of Cession.
Licenses, November 4, 1907, to The Spotsylvania Telephone Co.,
and November 7, 1907, to The Orange Telephone Co., for mainte-
nance of telephone poles on government road.
GLENDALE NATIONAL CEMETERY.
This reservation contains an area of 2.12 acres and is situated at
Glendale, in Henrico County. The title is as follows:
1. Deed from Lucy C. Nelson et al., dated June 16, 1869, conveying
1.8834 acres of land. Eecorded in Deed Book 86, page 236, of the
deed records in the Clerk's Office of the Henrico County Court.
2. Deed from R. Heber Nelson et al., dated September 15, 1873,
conveying a tract by metes and bound. Recorded in Deed Book 92,
page 360, of same records.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved April 22, 1874, for which see act set out under
title " Danville National Cemetery."
See also General Act of Cession.
HAMPTON NATIONAL CEMETERY.
This reservation contains an area of 19.611 acres and is situated
at Hampton, in Elizabeth City County. The title is as follows :
1. Deed from George Whipple and wife, dated October 21, 1868,
conveying 4,749 acres. Recorded in the Clerk's Office of the County
Court of Elizabeth City County August 11, 1869.
2. Decree of Condemnation for 6.862 acres of land in a certain
cause wherein the United States was plaintiff and William E. Woods
VIRGINIA. 407
defendant, in the District Court of the United States for the District
of Virginia. Rendered March 23, 1870, and filed with the record in
said cause in the Clerk's Office of said District Court.
3. Deed from James A. Watkins and wife, dated July 25, 1891,
conveying 2.93 acres. Recorded March 23, 1892, in said County rec-
ords.
4. Deed from The Trustees of the Hampton Normal and Agricul-
tural Institute, dated July 25, 1891, conveying 5.07 acres. Recorded
March 23, 1892, in said County records. The United States already
owned the right of way over the road to the cemetery, the Hampton,
etc., Institute holding subject to the right of way of the United
States, therefore action by the board of supervisors of the County
was unnecessary, although provided for by an Act of the State
Legislature approved February 21, 1894. This act, however, cedes
jurisdiction over said roadway as follows:
" The jurisdiction over the said roadway is hereby ceded to the
United States: Provided, however, That the State of Virginia re-
tains concurrent jurisdiction with the United States over the same, so
that the courts, magistrates, and officers of this Commonwealth may
take such cognizance, execute such process, and discharge such other
legal functions within the same as may not be incompatible with the
consent hereby given." (Acts of Assembly, Va., 1893-4, p. 386.)
Jurisdiction over the lands embraced within the limits of the
cemetery was ceded to the United States by an act of the State Legis-
lature approved March 31, 1875, which act provides as follows :
" Whereas it is represented to the general assembly, by officers of
the United States Army, having authority in such matters, that they
are instructed to apply to this general assembly for the consent to
the purchase by the United States of two certain parcels of land, at
or near Hampton, Virginia, now used as a military cemetery, the
boundaries of which are stated to be as follows :
" First. A parcel of land purchased by the United States from
George Whipple, and bounded as follows: [Here describes land set
out in deed from George Whipple, marked No. 1, supra.]
" Second. The parcel of land purchased from W. E. Woods and
bounded as follows: [Here describes land condemned as property of
William E. Woods, as set out in condemnation proceedings, marked
No. 2, supra.]
"And whereas it is further represented by said officers, that they
are further instructed to apply for the consent of this general assem-
bly to the purchase by the United States of a certain parcel of land
lying within the corporate limits of the town of Winchester, in this
State, now occupied as a military cemetery by the United States,
being the land purchased by the "United States from Jacob Baker,
and bounded as follows: [Here describes land by metes and bounds]
and containing nearly five acres.
" 1. Be it enacted, etc., That the consent of this State is hereby
given to the purchase of said lands from the owners thereof by the
government of the United States of America, or its authorized agents
and officers, to be occupied and used as national military cemeteries,
and for this purpose only. But this consent is given subject to the
following terms and conditions, to wit :
" First. That this State retains concurrent jurisdiction with the
United States over the said places, so that courts, magistrates and
408 UNITED STATES MILITAKY RESEKVATIONS, ETC.
officers of this State may take such cognizance, execute such process,
and discharge such other legal functions within the same as may not
be incompatible with the consent hereby given.
" Second. That if the purposes of this grant should cease, or there
should be, for five years consecutively, a failure on the part of the
United States to use said places, or either of them, for said purpose,
then the jurisdiction hereby ceded shall cease and determine as to
such place. Whenever such failure of user shall occur, then the same
shall revert to the Commonwealth of Virginia. The said tracts of
land and the buildings that may be erected thereon for the purpose
aforesaid, and any property of the United States thereon for said
purpose, are hereby exempted from all taxes imposed by this State
or by the constituted authorities of the counties or towyns wherein
they lie ; but this exemption shall continue only so long as the United
States shall be and remain the owners of said tracts of land.
"2. This act shall be in force from its passage." (See Code of
Va., 1904, sec. 15.)
See also General Act of Cession.
FORT HARRISON NATIONAL CEMETERY.
This reservation contains an area of 1.55 acres, and is situated
about 8 miles from the City of Richmond, in Henrico County. The
title is as follows :
1. Deed from Alpheus W. Childrey and wife, dated March 26,
18G9, conveying 0.462 acre of land. Recorded in Book 86, page 71,
of the deed records of Henrico County.
2. Deed from Mattie E. Cox and 'husband, dated May 14, 1872,
conveying 1.044 acres of land. Recorded in Book 91, page 42, of
same records.
3. Deed from Alpheus W. Childrey, dated June 28, 1873, conveying
a strip of land therein described. Recorded in Book 92, page 635, of
same records.
Jurisdiction was ceded to the United States by an act of the State
Legislature approved March 7, 1873; for which act, see under title
" Cold Harbor National Cemetery."
See also General Act of Cession.
HOODS.
(Fort at.)
This reservation contains an area of 10 acres, and is situated on the
south bank of the James River between Wards Creek and Flower de
Hundred Creek, in Prince George County. The title is as follows :
1. Deed from Sarah Peter, et al., dated April 25, 1808, conveying
10 acres. Recorded in the Clerk's Office of the District Court at
Petersburg, April 26, 1808, by order of the Court. (See Book of
Deeds, Vol. 1, p. 136.)
2. Deed from James Henderson, et al., dated October 16, 1812, con-
veying a plot 30 feet square, heretofore reserved as a family burial
ground. Recorded in the Clerk's Office of the Quarter Sessions
Court. (See Book of Deeds, Vol. 1, p. 286.)
VIRGINIA. 409
FORT HUNT (SHERIDAN'S POINT).
This reservation contains an area of 197.413 acres, with metes and
bounds as given in G. O. No. 115, W. D. May 27, 1907. It is situated
on the Potomac River, at Sheridan's Point, in Fairfax County. The
title is as follows:
1. Decree of Condemnation for 90 acres, 2 roods and 2 perches, in a
cause entitled " In the matter of the acquisition by the United States
of America, of certain lands in Fairfax County, Virginia, for the site,
location, construction, and prosecution of works for fortifications and
coast defenses," in the Circuit Court of the United States for the East-
ern District of Virginia. Rendered June 10, 1893, amended and
made final July 6, 1893. Filed with the record in said cause in the
Clerk's Office of said Court and recorded in the minutes thereof.
2. Decree of Condemnation for 105 acres, 1 rood and 3 perches in a
cause entitled " The United States v. John Miller," in the District
Court of the United States for the Eastern District of Virginia.
Rendered July 7, 1903, and filed in Clerk's Office of Fairfax County
Court.
3. Deed of F. G. Percival, et al., dated June 1, 1906, conveying right
of way to county road. Recorded in Liber U No. 6, page 342, et seq.,
in Clerk's Office of Fairfax Circuit Court.
4. Deed from John Miller and wife dated October 11, 1906, convey-
ing 1.633 acres. Recorded in Liber V, No. 6, page 162, et seq. of
same records.
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved February 29, 1892, which act is as follows:
" Whereas it has been represented to the general assembly of Vir-
ginia that the United States desires to acquire title to a tract of land
at Sheridan's Point on the Potomac river, in the County of Fairfax,
embracing three hundred acres of land, more or less, for the purpose
of locating, constructing, and prosecuting works for fortifications and
coast defenses; therefore,
" 1. Be it enacted ~by the general assembly of Virginia, That the
consent of this Commonwealth be, and is hereby given to the acquisi-
tion of said title, and when the same shall have been acquired jurisdic-
tion is hereby ceded over the said tract of land to the government of
the United States, so that Congress and the authorities of the federal
government shall have all lawful power and control over the same, as
is specified in the seventeenth clause of eighth section of the first arti-
cle of the Constitution of the United States.
" 2. This State retains jurisdiction oVer the said tract of land in all
matters relating to the violation of the laws of the State, to the execu-
tion and service of all processes issued by or from the Court, magis-
trates or other officers of the State in pursuance of law, and in all
other matters not incompatible with the consent herein given and the
rightful authority of the United States to be acquired under this act.
" 3. The said land and privileges hereby ceded, and the fortifica-
tions, buildings and structures which may be erected thereon by the
United States Government are hereby exempted from all taxation so
long as the same shall be held and used by the United States for the
purposes hereinbefore mentioned, and no longer: provided that if
within the area herein mentioned any business or calling for which a
410 UNITED STATES MILITARY RESERVATIONS, ETC.
license tax is required by the State of Virginia is followed or pur-
sued, the same shall be liable to such license taxation: and provided
further^ that if any buildings be erected within such area for the pur-
poses disconnected from and not necessary to the purposes of this act,
such buildings and all personal property contained or used in or in
connection with such buildings shall be subject to taxation by the
State of Virginia and the County of Fairfax in like manner, and at
the same rate as other property in said county may be taxed.
" 4. Should the property herein granted be used for any other pur-
poses than those specified herein by the United States Government, or
under its authority, then the same shall be subject to taxation as other
property in this State.
"5. This act shall be in force from its passage." (Acts of Assem-
bly, Va., 1891-2, p. 724. See also Virginia Code, 1904, sec. 15.)
See also General Acts of Cession.
MIDDLE GROUNDS, CHESAPEAKE BAY.
This reservation comprises a rectangular tract, 5,000 feet by 4,000
feet (area 459.1 acres), situated on the " Middle Grounds," or shoal
area, in Chesapeake Bay. From the initial point (or northerly cor-
ner) the Cape Charles Light-house bears N. 46° 47' E., the Cape
Henry Light-house S. 6° 56' E., and the Thimble Shoal Light-house
S. 84° 00' W.
Title and jurisdiction are as follows:
Deed from the Governor of Virginia, dated February 16, 1907, con-
veying the title and interest of the State to the submerged area de-
scribed above, under Act of the State Legislature, approved March 4,
1890 (Chapter 214, Acts of 1889-1890) ; subject to all the terms and
conditions in said Act expressed ; which Act authorized the Governor
to convey title and cede jurisdiction over lands at the mouth of Chesa-
peake Bay for sites for fortifications for the defense thereof. Deed
recorded in the Clerk's Office of Princess Anne Circuit Court on
June 4, 1907, in Deed Book 79, page 4; and in the Clerk's Office of
the Circuit Court of the County of Northampton on June 5, 1907, in
Deed Book 60, page 33.
By said Act of March 4, 1890, consent is given to the purchase, and
jurisdiction is ceded, over such tracts as may be purchased or ac-
quired for the defense of the entrance into Chesapeake Bay, not ex-
ceeding 500 acres for any one point or site, subject to the following
proviso :
" That the state retains jurisdiction over the same in all matters
relating to the violation of the laws of the state to the execution and
service of all processes issued by or from the courts, magistrates, or
other state officers in pursuance of law, and in all other matters not
incompatible with the consent herein given and the rig-htful authority
of the United States thereby acquired or to be acquired under this
act." (Chapter 214, Acts of 1889-1890.)
FORT MONROE.
This reservation contains an area of about 477.97 acres, including
the submerged land recently acquired (No. 8 infra) and the 15 acres
known as the Kip Raps, and is situated at Old Point Comfort, in
VIRGINIA. 411
Elizabeth City County, commanding the entrance to Hampton Roads.
The title is as follows:
1. Deed from the Governor of Virginia, dated — , 1838, ceding title
to and jurisdiction over 250 acres of land at Old Point Comfort, and
15 acres of shoal at the Rip Raps. Recorded in Elizabeth City
County Clerk's Office December 12, 1838.
2. Deed from The Hampton River and Mill Creek Toll Bridge
Company, dated November 15, 1838, conveying all right, title, and
interest to a certain toll bridge, and abutments thereof, across Mill
Creek, together with, right of way between said toll bridge and the
bridge across Hampton River. Recorded November 15, 1838, in same
records.
3. Deed from Jas. A. J. Bradford to Lieut. Col. R. E. DeRussy,
for the United States, dated February 12, 1841, conveying 15 acres
and 32 perches of land known as " Pumping Station Reserve." Re-
corded April 8, 1841, in same records.
4. Deed from John Tabb to Col. R. E. DeRussy, for the United
States, dated 1844 (?), conveying 2 acres of a tract called "The
Glebe." Recorded in same records.
5. Deed from Jas. M. dimming and wife, dated August 18, 1903,
conveying certain lots in Chesapeake District, aggregating 10.5 acres,
more or less. Recorded in Vol. 41, page 452, of same records.
6. Decree of Circuit Court of the United States, Eastern District of
Virginia, entered November 10, 1904, covering a tract of 1.29 acres
above mean low water (0.49 of an acre of which is high land), known
as the Catholic Brothers' Land. Consideration paid to owner (" Old
Point Comfort College ") same date.
7. Decree of condemnation of 103.61 acres above mean low water
(40.05 acres of high land), the property of John R. McGinness, in
the United States Circuit Court for the Eastern District of Virginia.
Rendered November 12, 1906.
8. Deed from the Governor of Virginia, dated November 21, 1908,
conveying title and ceding jurisdiction under State Act of March 12,
1908 (Acts of Assembly, Virginia, 1908, Chapter 206, page 314), over
two tracts of submerged land adjoining reservation, — 41.20 acres in
Hampton Roads and 39.16 acres in Mill Creek. Deed registered in
the office of Register Land Office, Book 122, p. 361. Conveyance
made subject to rights of any persons claiming " under any grant,
lease, or assignment, or under any contract with the Commonwealth
or her duly authorized representatives."
Jurisdiction over the tracts included in deed marked No. 1, supra,
was authorized to be ceded to the United States by an act of the
State Legislature passed March 1, 1821, as follows:
"Preamble: Whereas it is shown to the present General Assembly
that the Government of the United States is solicitous that certain
lands at Old Point Comfort, and at the shoal called the Rip Raps,
should be, with the right of property and entire jurisdiction thereon,
vested in the said United States for the purpose of fortification, and
other objects of National defence.
" 1." Be it enacted, etc., That it sfiall be lawful and proper for the
Governor of this Commonwealth, by conveyance or deeds in writing
under his hand and seal of the State, to transfer, assign and make
over unto the said United States the right of property and title, as
well as all the jurisdiction which this Commonwealth possesses over
412 UNITED STATES MILITARY RESERVATIONS, ETC.
the land and shoal at Old Point Comfort and the Rip Eaps; Pro-
vided, The cession at Old Point Comfort shall not exceed 250 acres,
and the cession of the shoal at the Rip Raps shall not exceed fifteen
acres, And provided also, That the said cession shall not be construed
or taken, so as to prevent the officers of this State from executing any
process, or discharging any other legal functions, within the jurisdic-
tion or territory herein directed to be ceded, nor to prevent, abolish or
restrain the right or privilege of fishery hitherto enjoyed and used by
the citizens of this Commonwealth within the limits aforesaid; Arid
provided further, That nothing in the deed of conveyance, required
by the first section of this act, shall authorize the discontinuance of
the present road to the Fort, or in any manner prevent the pilots from
erecting such marks and beacons as may be deemed necessary.
" 2. And be it further enacted, That should the said United States
at any time abandon the said lands and shoal, or appropriate them to
any other purposes than those indicated in the preamble to -this act,
that, then and in that case, the same shall revert to, and revest in this
Commonwealth." (See Code of Va., 1904, sec. 15.)
Jurisdiction over the toll bridge described in the deed marked No.
2, supra, was authorized to be ceded to the United States by an act
of the State Legislature approved January 14, 1871, which provides
as follows:
" 1. Be it enacted, etc., That it shall and may be lawful for the gov-
ernor of this Commonwealth, and he is hereby fully authorized so to
do, for and on behalf of this Commonwealth, by a proper deed and
instrument of writing, under his hand and the seal of the Common-
wealth, to convey, transfer, assign and make over, to the United
States, all the jurisdiction which this Commonwealth has or possesses
over a certain toll-bridge, and the abutment thereof, across Mill
Creek in the County of Elizabeth City, erected in pursuance of an
Act of the General Assembly of Virginia, passed January twenty-
seventh, Anno Domini, Eighteen hundred and twenty-five, entitled
an Act empowering the County of Elizabeth City to erect two toll
bridges, and for other purposes, with all the appurtenances to the
said toll bridge belonging, but excluding the said jurisdiction over
the road leading from the said abutment, in the said County of Eliza-
beth City, on the north side of Mill Creek, to the abutment of the toll
bridge across Hampton River, which said toll bridge across Mill
Creek, and its abutment, in the County of Elizabeth City, was con-
veyed to the said United States by the Hampton River and Mill
Creek Toll Bridge Company, by its deed dated the fifteenth day of
November, Eighteen hundred and thirty-eight, and recorded in the
Clerk's Office of the County Court of said County on the same day :
Provided, That all the conditions imposed by the charter of incor-
poration of the Hampton River and Mill Creek Toll Bridge Com-
pany, passed on the twenty-seventh day of January, Eighteen hun-
dred and . twenty- five, shall be observed and kept by the United
States; and that the deed hereby authorized shall provide that the
grant of jurisdiction hereby authorized shall be null and void upon
the failure of the United States* to comply with and keep the said
condition.
" 2. If at any time hereafter the said bridge shall be suffered to fall
into decay, or the said United States shall cease to use the same for
military purposes in connection with Fortress Monroe, then, and in
VIRGINIA. 413
either event, the jurisdiction over such territory hereby declared to be
vested in the United States, shall revert to this Commonwealth and
be subject to the jurisdiction of the same, in like manner as if this act
had never been passed : provided, that nothing herein contained shall
be so construed as to authorize the said United States to exact toll or
compensation for crossing or passing over said bridge, or to prevent
the officers of this Commonwealth from executing any process what-
ever within the jurisdiction hereby directed to be ceded to the United
States." (See Appendix, page 467; and Code of Va., 1904, sec. 15.)
See also General Act of Cession.
Easements: Act of Congress, approved July 3, 1884, granted per-
mission to the Chesapeake and Ohio Railway Company to extend its
line upon the reservation and to erect a station. Location approved
by the Secretary of War, February 6, 1889.
Act of Congress, approved March 3, 1891, granted permission to
Hampton and Old Point Railway Company to construct and operate
a street railway upon the reservation. Location approved by Secre-
tary of War, November 14, 1891.
Revocable Licenses:
The Sherwood.
License, April 15, 1843, to Dr. Archer to erect a frame building
without the walls of Fort Monroe.
License, March 21, 1878, to Mrs. S. F. Eaton for addition to the
building she occupies on the reservation. (House erected by Dr.
Archer.) Plans approved September 30, 1879.
License, February 14, 1890, to George Booker to enter upon reser-
vation and occupy, improve and extend the building known as the
Eaton Cottage.
License, March 25, 1895, to George Booker to reconstruct that por-
tion of the building known as The Sherwood recently destroyed by
fire.
License, April 19, 1895, to George Booker to extend building known
as The Sherwood.
License, February 3, 1897, to George Booker to repair the building
known as The Sherwood, damaged by fire. *
License, September 29, 1903 to M. Louise Booker, administratrix,
etc., to maintain and use the building known as the New Sherwood.
License, November 23, 1903, to John B. Kimberly to maintain and
use the building known as the New Sherwood.
Catholic Chapel.
License, June 20, 1860, to the Rt. Rev. John McGill to build a
Catholic Chapel on the reservation.
License, July 10, 1876, to P. J. Hasty to build residence for Roman
Catholic priest upon the reservation.
License, October 20, 1893, to T. J. Mercer, Roman Catholic priest,
to make alterations and repairs to priest's residence.
Kimberly Properties.
License, (in form of agreement) July 15, 1868, to William H.
Kimberly to re-erect a store-house upon the reservation, pursuant to
414 UNITED STATES MILITAKY RESERVATIONS, ETC.
authority granted by Joint Resolution of Congress, approved March
16, 1868.
License, December 11, 1894, to John B. Kimberly to maintain and
use the buildings formerly occupied by William H. Kimberly.
License, February 27, 1897, to John B. Kimberly to enlarge the
storeroom of his building on the reservation.
(Notice of revocation of licenses to John B. Kimberly, June 7, 1902,
in so far as they authorized the occupancy of the ground occupied
by the front forty feet of the building, back to line with front of
Chamberlin Hotel.)
License, July 30, 1902, to John B. Kimberly to construct and main-
tain an addition to his building on the reservation.
License, October 1, 1902, to John B. Kimberly to add drug depart-
ment to his stock of general merchandise.
Express Companies.
License, December 20, 1872, to the Adams Express Company to use
a parcel of ground on the reservation near the Kimberly store-house.
(Notice, June 7, 1902, to the Adams Express Company to cut off
and remove the front forty feet of its building back to a line with the
front of the Chamberlin Hotel.)
License, April 17, 1891, to the United States Express Company to
transact business in some building already on the reservation.
License, September 29, 1896, to the Southern Express Company
to conduct its business in the building used by the Adams Express
Company.
Baulch Properties.
License, February 26, 1879, to Wm. Baulch to erect building for the
storage of ice.
License, March 17, 1892, to Wm. Baulch to remove ice house build-
ing to site selected by post commander.
License, September 5, 1894, to Wm. Baulch to erect building in con-
nection with his ice house for the stabling of two draft horses.
License, May 6, 1897, to Wrn. Baulch to build a small pier in front
of his ice house to replace one partly destroyed by storm.
(Notice to Mr. Baulch, June 7, 1902, to remove his news stand and
the buildings appurtenant thereto, if any, from the reservation.)
Telegraph Companies.
License, May 17, 1892, to the York Telephone and Telegraph Com-
pany to construct, maintain and operate a telegraph or telephone
cable, or both, in connection with aerial lines across the Fort Monroe
and Fort Wool reservations.
License, December 12, 1894, to the Postal Telegraph-Cable Com-
pany to land, maintain and operate its cable on the Rip Raps and on
the Fort Monroe reservation.
License, March 9, 1895, to the Postal Telegraph-Cable Company to
extend its wires from the Chamberlin Hotel through the reservation
on the poles of the Hampton and Old Point Electric Company.
License, September 13, 1895, to the Hampton Telephone Company
to construct, maintain and use a telephone line on the reservation.
VIKGINIA. 415
License, November 4, 1897, to the Hampton Telephone Company to
land a telephone cable on the reservation.
License, September 23, 1902, to Western Union Telegraph Com-
pany to remove its office from the Hygeia Hotel to another location.
License, October 4, 1905, to the Postal Telegraph-Cable Company
to run its telegraph wires upon the existing poles of the Hampton
Telephone Company, and erect poles to complete connections to the
Chamberlin Hotel and cable landing.
Hotel Chamberlin.
License, May 25, 1887, to John F. Chamberlin to erect and maintain
a hotel upon the reservation, pursuant to authority granted by Joint
Resolution of Congress, approved March 3, 1887.
License, March 13, 1897, to the Hampton Roads Hotel Company to
erect a dancing and bathing pavilion in front of the breakwater of the
Hotel Chamberlin.
License, February 9, 1898, to the Hampton Roads Hotel Company
to establish and conduct a drug store in a room of the Hotel Cham-
berlin.
License, March 24, 1903, to the Old Point Comfort Improvement
Company to continue for the Chamberlin Hotel the private water sys-
tem acquired by that company from the owners of the Hygeia Hotel.
License, April 14, 1903, to the Old Point Comfort Improvement
Company to maintain and operate the Hotel Chamberlin subject to
conditions contained in Joint Resolution of Congress, approved March
3, 1887, and license from the Secretary of War to John F. Chamberlin,
dated May 25, 1887.
License, December 28, 1903, to George F. Adams, manager of Hotel
Chamberlin to erect and maintain an automobile storehouse on the
reservation.
Railway Companies.
License, March 24, 1892, to Hampton and Old Point Railway Com-
pany to extend a track upon the government wharf.
License, March 10, 1896, to the Newport News, Hampton and Old
Point Railway Company to operate the street railway constructed by
the Hampton and Old Point Railway Company.
License, February 9, 1897, to the Newport News, Hampton and Old
Point Railway Company to maintain and use its tracks upon the
government wharf.
License, March 22, 1899, to the Newport News and Old Point Rail-
way and Electric Company to put in a switch at the government
wharf.
(Notice, April 6, 1901, to the Newport News and Old Point Rail-
way and Electric Company to remove tracks from in front of Artil-
lery School building.)
License, February 15, 1896, to the Buckroe, Phoebus and Hampton
Railway Company to construct, maintain and operate an electric
street railway on the reservation.
License May 27, 1899, to the Chesapeake and Hampton Roads
Railway Company to lay single track, erect poles and string wires
upon the reservation.
416 UNITED STATES MILITARY RESERVATIONS, ETC.
License, January 9, 1900, to the Point Comfort Beach Railway
Company to lay and maintain an electric railway through that por-
tion of the reservation lying north of Mill Creek which was acquired
from Jas. A. J. Bradford by deed dated February 12, 1841.
License, November 15, 1895, to the Chesapeake and Ohio Railway
Company to construct a freight depot on the reservation.
Licenses, dated October 20, and December 15, 1904, to the Hampton
Roads Railway and Electric Company for connection with tracks
of the Newport News and Old Point Railway and Electric Com-
pany, and joint use of tracks of latter company.
License, December 29, 1905, to Newport News and Old Point
Railway and Electric Company, covering acquisition and mainte-
nance of railway of Hampton Roads Railway and Electric Company.
Transportation Companies.
License, August 22, 1900, to F. V. Archer to make one landing
each day at the government wharf with the steamer General Jas. A.
Dumont.
License, August 2, 1900, to Wallington Hardy to land freight and
passengers from the steamer Salacia upon the government wharf.
The following transportation companies also are authorized to
transact business at the main wharf under Act of Congress, approved
August 1, 1894 :
Baltimore, Chesapeake and Richmond Steamboat Company;
Baltimore Steam Packet Company;
New York, Philadelphia and Norfolk Railroad Company;
Norfolk and Washington Steamboat Company;
Norfolk Railway and Light Company;
Old Dominion Steamship Company;
Potomac and Chesapeake Steamboat Company.
Virginia Navigation Company.
Weems Steamboat Company.
Newport News and Old Point Railway and Electric Company.
Miscellaneous.
License, March 4, 1884, to The Light House Board to locate a buoy
depot on the reservation.
License, February 12, 1890, to the Hampton Electric Light and
Power Company to place poles on the government bridge over Mill
Creek and in the grounds of the reservation.
, License, March 21, 1890, to enlisted men at Fort Monroe to erect a
club house for the Catholic Social Club.
License, July 26, 1890, to F. B. Roads, Secretary Veteran Associa-
tion, 3rd Pennsylvania Heavy Artillery and 188th Pennsylvania Vol-
unteers, to place a bronze tablet on the inner wall at the main en-
trance to Fort Monroe.
License, January 30, 1895, to the Newport News Light and Water
Company to extend its line of pipe on the reservation.
License, January IT, 1896, to the Chesapeake Light and Power
Company to run its wires on the poles erected by the Hampton Tele-
phone Company.
v c.r\«-M i
C^LIFi
417
License, June 17, 1902, to the International Committee of Young
Men's Christian Association to erect and maintain a building upon
the reservation, pursuant to authority of Act of Congress, approved
May 31, 1902.
License, January 13, 1905, to Collector of Customs, covering erec-
tion of flag-staff for display of U. S. Revenue Ensign, at Collector's
Office.
License, July 8, 1905, to Agricultural Department covering erec-
tion of steel storm-warning tower for Weather Bureau.
FORT MYER AND MILITARY ROAD.
This reservation contains an area of 186 acres, being a portion of
the Arlington Estate. (See "Arlington" for situation, title and
jurisdiction.)
The following deeds convey the title in a military road, under
authority of Act of Congress, approved June 28, 1902 :
1. Deed from H. Rozier Dulany and Howard P. Marshall,
Trustees, dated August 4, 1902, conveying 2.347 acres for a military
road. Recorded in Liber 107, folio 112, of the land records of Alex-
andria County.
2. Deed from Mrs. Charlotte L. Drain and husband, dated Septem-
ber 30, 1902, conveying 49,400 square feet for a military road. Re-
corded in Book 107, page 94, of same records.
3. Deed from Board of Supervisors, Alexandria County, dated
April 23, 1909, conveying easement in certain streets of Rosslyn.
See also General Act of Cession.
For list of easements and licenses see "Arlington " and "Aqueduct
Bridge."
FORT NELSON.
This reservation contains an area of about 79 acres, and is situated
on the Elizabeth River near Mosquito Point, in Norfolk County.
The title is as follows:
1. Deed from Thomas Newton and wife, dated September 3, 1799,
conveying 18 acres of land on Mosquito Point, etc. Recorded in the
Clerk's Office of the Norfolk County Court April 21, 1800.
2. Deed from Thomas Newton and wife, dated November 29, 1827,
conveying 61 acres of land adjoining above tract. Recorded June 17,
1840, in same records.
Jurisdiction was authorized to be ceded to the United States by
an act of the State Legislature passed February 19, 1842, which act
is as follows:
"Whereas Thomas Newton and wife by their deed of the third of
September Seventeen hundred and ninety-nine and of record in the
Court of the County of Norfolk, conveyed to John Adams, President
of the United States, Eighteen acres of land, more or less, situate
in said County, upon which a fortification was erected by the Govern-
ment of the United States, called "Fort Nelson" which fortification
has since been removed, and a Naval Hospital built by the United
States Government thereon and other lands adjoining thereto, since
purchased by the United States, which last purchase has been upon
the part of the State of Virginia ceded to the United States, but no
16809—10 27
418 UNITED STATES MILITARY RESERVATIONS, ETC.
cession ever having been made of the lands upon which the said fort
was erected:
" 1. Be it enacted, etc., That it shall be lawful and proper for the
Governor, or acting Governor of this Commonwealth, by conveyance,
or deeds in writing under his hand and the seal of the State, to trans-
fer, assign and make over to the United States, the right of property
and title as well as all the jurisdiction which the Commonwealth
possesses over the lands upon which Fort Nelson was erected as afore-
said containing by estimation Eighteen acres ; subject nevertheless to
all the restrictions, limitations and provisions as are set forth and
contained in the act passed on the first day of March Eighteen hun-
dred and twenty-one entitled 'An act ceding to the United States the
lands on Old Point Comfort, and the shoals called the Rip Raps.' *
(See Code of Va., 1904, sec. 15.)
It seems that by an act of the State Legislature approved Febru-
ary 27, 1833, jurisdiction over the lands described in the deed marked
No. 2 (supra) was ceded to the United States for "Naval-Hospital"
purposes. The land described in deed marked No. 1 (supra) seems
to have been turned over to the proper authorities for a naval hospital
conditionally.
FORT NORFOLK.
This reservation contains an area of 4Jf f J acres, and is situated on
the Elizabeth River near Norfolk, in Norfolk County. The title is as
follows :
Deed from Edward Pool and wife, dated May 21, 1795, conveying
the above tract.
(The above reservation transferred to the Navy Department condi-
tionally by order of the Secretary of War, dated July 28, 1848.)
Consent to the purchase by the United States was given by an Act
of the State Legislature passed November 28, 1794, as follows :
" 1. Be it enacted, etc., That it shall be and may be lawful for the
President of the United States, or any person by him appointed for
that purpose, to purchase within the limits of this State a quantity of
land, not exceeding six hundred and forty acres, for the use of the
United States for the purpose of erecting a magazine and arsenal
thereon." (See Code of Va., 1904, sec. 15.)
POPLAR GROVE NATIONAL CEMETERY.
This reservation contains an area of 8.65 acres, and is situated about
4J miles from Petersburg in Dinwiddie County. The title is as
follows :
1. Deed from Bradley T. Johnson, Special Commissioner, dated
April 3, 1868, conveying 8.13 acres of land. Recorded in the Clerk's
Office of the Dinwiddie County Court December 15, 1868, in Deed
Book No. 12, page 159.
Decree of Condemnation for above land with appraisement, and
appointment of Bradley T. Johnson as Special Commissioner to con-
vey, etc., in the cause of George Yickers, Guardian, etc., et al., v. The
United States, rendered April 3, 1868, in the District Court of the
United States for the District of Virginia. Filed with the record
in the Clerk's Office of said District Court.
VIRGINIA. 419
2. Deed from J. Wesley Friend, Special Commissioner, dated
April 30, 1877, conveying 0.0919 of an acre of land. Recorded in
Deed Book No. 14, page 428, of said county records.
Decree of Condemnation of above land with appraisement, and
appointment of J. Wesley Friend as Special Commissioner to convey,
etc., in the cause of J. Wesley Friend, Guardian, etc., v. Fannie E.
Farley et al., in the Circuit Court of Dinwiddie County, April term,
1877. Rendered at said Term and filed with the record in the Clerk's
Office of said Court.
3. Deed from J. Wesley Friend, Special Commissioner, dated
April 30, 1877, conveying 0.5019 of an acre of land and right of way.
Recorded in Deed Book No. 14, page 429, of said county records.
Decree of Condemnation of the above land, with appraisement, and
appointment of J. Wesley Friend as Special Commissioner to convey,
etc., in the cause of J. Wesley Friend, Guardian, etc., et al., v. Re-
becca D. Flower et al., in the Circuit Court of Dinwiddie County,
October Term, 1876. Rendered at said Term, and filed with the
record in the Clerk's Office of said Court.
POTOMAC HIGHWAY BRIDGE.
This reservation contains about 4.471 acres, at the Virginia end of
the New Highway Bridge. The title is as follows :
1. Deed from William M. Lewin, Trustee, dated December 23,
1904, conveying above tract. Recorded in Deed Book No. Ill, page
56, of the land records of Alexandria County.
RICHMOND NATIONAL CEMETERY.
This reservation contains an area of 9.74 acres, also right of way,
and is situated on the Williamsburg Turnpike road near Richmond,
in Henrico County. The title is as follows :
1. Deed from William Slater and wife, dated July 29, 1867, con-
veying 3 acres of land. Recorded in the Clerk's Office of the Hen-
rico County Court, January 20, 1868, in Book No. 84, page 21.
Decree of Condemnation, appraisement, and order of conveyance
of above land in case of said William Slater v. The United States,
in the District Court of the United States for the District of Vir-
ginia. Rendered June 7, 1867, and filed with the record of the cause
in the Clerk's Office of said Court.
2. Deed from William L. Williams, Trustee, etc., et al., dated July
10, 1868, conveying 5 acres of land. Recorded in Book No. 85, page
326, of said county records.
3. Deed from the Board of Supervisors of the County of Henrico,
dated May 21, 1887, conveying a strip of land 6,040 feet in length
by 100 feet in width for a road and right of way, heretofore vested
in said Board by an Order of the County Court of Henrico County,
entered May 17, 1887, in condemnation proceedings instituted in said
Court. Deed made pursuant to an Act of the General Assembly of
Virginia entitled "An Act to authorize the Board of Supervisors of
the County of Henrico, Virginia, to convey to the United States the
right of way for a certain road," approved May 6, 1887, and also in
pursuance of a resolution of said Board entered May 7, 1887. Re-
420 UNITED STATES MILITARY KESERVATIONS, ETC.
corded June 17, 1887, in said county records. The above-described
road acquired under and by virtue of an Act of Congress, approved
February 28, 1887.
4. Deed, dated June 23, 1906, from George Geffert, conveying 1.74
acres. Eecorded in Book 177a, page 300, of same records.
SEVEN PINES NATIONAL CEMETERY.
This reservation contains an area of 1.55 acres, and is situated at
Seven Pines, about 8 miles from Richmond, in Henrico County. The
title is as follows:
1. Deed from Richard Hilliard, dated April 24, 1867, conveying
1.3 acres of land. Recorded in the Clerk's Office of the Henrico
County Court September 21, 1868, in Book 84, page 501.
2. Deed from Richard Hilliard, dated May 1, 1873, conveying
9,200 square feet of land. Recorded in Book 91, page 446, of same
records.
3. Deed from James Kelly, dated September 8, 1875, conveying
1,380 square feet of land. Recorded in Book 96, page 239, of same
records.
STAUNTON NATIONAL CEMETERY.
This reservation contains an area of 1.15 acres, and is situated at
Staunton in Augusta County. The title is as follows :
Deed from Nickolas K. Trout and wife, et al., dated September 30,
1868, conveying 1.1463 acres of land. Recorded in the Clerk's Office
of the County Court of Augusta County, May 22, 1869, in Book No.
84, pages 459 and 460.
License, July 6, 1908, to J. Lester Hay to construct crossing
through sidewalk of Government roadway.
WILLOUGHBY SPIT.
(Laud at.)
, /
This reservation contains an area of about 47 acres of land, and
two rights of way, each 50 feet wide and containing about 37,500
square feet, and is situated on Willoughby Spit on Willoughby Bay,
in Norfolk County. The title is as follows :
Decree of Condemnation, etc., of the above lands and rights of way
in a certain cause, entitled " In the matter of the acquisition by the
United States of America of certain land in the County of Norfolk,
State of Virginia, for the site, location, construction and prosecution
of works for fortifications and coast defences," in the Circuit Court
of the United States for the Eastern District of Virgina. Decree
rendered October 16, 1891 ; made final November 16., 1891, and filed
with the record of said cause in the Clerk's Office of said Circuit
Court. Decree also recorded in the Clerk's Office of the Norfolk
County Court, November 23, 1891. (See Deed Book No. 168, pp. 530
to 534, inclusive.)
Jurisdiction was ceded to the United States by an act of the State
Legislature approved February 29, 1892, which act is as follows:
" Whereas it has been represented to the general assembly of Vir-
ginia that the United States have acquired title to a tract of land at
VIRGINIA.
Willoughby Spit, in the County of Norfolk, embracing about fifty
acres of land, for the purpose of locating, constructing and prose-
cuting works for fortifications and coast defences; Therefore,
"1. Be it enacted ~by the general assembly of Virginia, That the
consent of this Commonwealth be, and is hereby, given to the acqui-
sition of said title, and jurisdiction is hereby ceded over the said tract
of land to the government of the United States, so that Congress and
the authorities of the federal government shall ha*ve all lawful power
and control over the same, as is specified in the seventeenth clause of
the eighth section of the first article of the Constitution of the United
States.
" 2. This state retains jurisdiction over the said tract of land in all
matters relating to the violation of the laws of the state, to the exe-
cution and service of all processes issued by or from the courts, mag-
istrates or other officers of the State in pursuance of law, and in all
other matters not incompatible with the consent herein given and the
rightful authority of the United States thereby acquired or to be
acquired under this act.
" 3. The said land and privileges hereby ceded, and the fortifica-
tions, buildings and structures which may be erected thereon by the
United States government, are hereby exempted from all taxation so
long as the same shall be held and used by the United States for the
purpose hereinbefore mentioned, and no longer.
" 4. Should the property herein granted be used for any other pur-
poses than those specified herein by the United States government, or
under its authority, then the same shall be subject to taxation as
other property in this State.
" 5. This act shall be in force from its passage." (Acts of Assem-
bly, Va., 1891-2, p. 739.)
Revocable Licenses: License, August 5, 1896, to the Norfolk, Wil-
loughby Spit and Old Point Railroad Company to construct, main-
tain and operate an electric railway as an extension to the existing
electric railroad from Norfolk to Ocean View.
License, March 23, 1907, to The Norfolk County Water Co. for
8-inch water main across reservation.
WINCHESTER NATIONAL CEMETERY.
This reservation has an area of 4.89 acres, and is situated at Win-
chester, in Frederick County. The title is as follows :
Deed from Jacob Baker, dated December 1, 187t), conveying nearly
5 acres of land. Recorded in the Office of the Clerk of the corpora-
tion of Winchester, May 15, 1872, in Book 13, pages 478 to 481.
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved March 31, 1875, for which act see under title
" Hampton National Cemetery."
FORT WOOL.
This fort is situated at the Rip Raps. (See " Fort Monroe " for
title.)
Revocable License: License, October 30, 1897, to the Southern
States Telephone Company to land its cable on the east side of the
Rip Raps and extend it across the reservation to the cable on the
west side.
422 UNITED STATES MILITARY RESEKVATIONS, ETC.
YORKTOWN MONUMENT.
This reservation contains an area of about 10.34 acres, and is situ-
ated at Yorktown, in York County. The title is as follows :
Deed from William W. Old, Special Commissioner, dated October
19, 1881, conveying the above land. Recorded in the Clerk's Office of
the York County Court, June 15, 1882, in Deed Book 20, page. 9.
The foregoing deed made in accordance with a Decree, entered on
the 29th day of June, 1880, by the Chancery Court of the City of
Richmond, in the cause wherein The Dismal Swamp Land Company
and others were plaintiffs and Robert Anderson's personal repre-
sentatives and others defendants. Sale ordered and Wm. W. Old ap-
pointed Special Commissioner to convey said land. Decree recorded
in the Office of the Clerk of said Court at Richmond, and a copy in
the Office of the Clerk of the York County Court at Yorktown.
Jurisdiction was ceded to the United States by an act of the State
Legislature, approved April 21, 1882, which act provides as follows:
" 1. Be it enacted, etc., That the consent of the State be, and the
same is hereby given, to the purchase by the government of the United
States, or under the authority of the same, of a certain tract of land
at the town of York, in the said State of Virginia, for the purpose of
the erection thereon by the United States of a monument to commem-
orate the surrender of Lord Cornwallis and his forces to the allied
army, commanded by General George Washington, in October, seven-
teen hundred and eighty-one; the metes and bounds of the said tract
being as follows, namely : [Here describes lands] containing ten acres
and thirty-four hundredths of an acre, more or less.
" 2. The aforesaid consent is given, subject to the following terms
and conditions, namely: All deeds, conveyances of title, papers for
the same, shall be recorded as in other cases upon the land record of.
the County in which the aforesaid tract shall lie, and in like manner
shall be recorded a sufficient description of the aforesaid tract by its
proper metes and bounds, this consent being in accordance with the
seventeenth clause of the eighth section of the first article of the Con-
stitution of the United States, and with the acts of Congress in such
cases made and provided. The State of Virginia retains concurrent
jurisdiction with the United States over the aforesaid tract, so that
courts, magistrates, and officers of the State may take such cognizance,
execute such process, and discharge such other legal functions within
the aforesaid tract as may not be incompatible with the consent
^
" 3." The tract as above described, together with the tenements and
appurtenances for the purposes before mentioned, shall be held exempt
from taxation.
" 4. This act shall be in force from its passage." (See Code of Va.,
1904, sec. 15.)
YORKTOWN NATIONAL CEMETERY.
This reservation contains an area of 3 acres, and is situated at
Yorktown, in York County. The title is as follows :
1. Deed from Frederick W. Power and wife, dated March 10, 1868,
conveying 2.721 acres of land. Recorded in the Clerk's Office, York
County Court, October 19, 1868, in Deed Book IT, page 180.
WASHINGTON. 423
Decree of Condemnation for same land rendered in the District
Court of the United States for the Eastern District of Virginia, and
recorded in the Clerk's Office with said cause at Richmond, and also
as above in the Clerk's Office of the York County Court.
2. Deed from Lot Wolf and wife, et al., dated February 8, 1875,
conveying 8 feet of land on the North, East, and South sides of the
Cemetery. Recorded in Book 18, page — , of same records.
Decree of Condemnation of same land rendered and made final May
4, 1875, in the District Court of the United States for the Eastern
District of Virginia, and recorded in the Clerk's Office of said Court
at Richmond, and also as above in the Clerk's- Office of the York
County Court.
WASHINGTON.
GENERAL ACTS OF CESSION.
"SECTION 1. That the consent of the Legislature of the State of
Washington be and the same is hereby given to the purchase, by the
Government of the United States or under the authority of the same,
of any tract, piece or parcel of land from any individual or indi-
viduals, bodies politic or corporate, within the boundaries of the
State, for the purpose of erecting and maintaining thereon armories,
arsenals, fortifications, magazines, navy-yards, dock-yards, custom-
houses, light-houses and other needful public buildings or establish-
ments whatsoever; the consent herein and hereby given being in
accordance with the provisions of the seventeenth clause of the eighth
section of the first article of the Constitution of the United States,
and with the acts of Congress in such cases made and provided. And
like consent of the legislature of the State of Washington is hereby
given in the cases of all such tracts or parcels of land as have been
heretofore purchased by the government of the United States, or
which have been or may hereafter be reserved by the said government,
out of any public land belonging to the United States, for any of the
purposes before mentioned: Provided, That a sufficient description
by metes and bounds and an accurate plat or map of each such tract
or parcel of land be filed in the proper Office of record in the county
in which the same is situated; together with copies of the orders,
deeds, patents or other evidences in writing of the title of the United
States : And provided further, That all civil process issued from the
courts of this State, and such criminal process as may issue under the
authority of this State against any person charged with crime, in
cases arising outside of such purchases or reservations, may be served
and executed thereon in the same mode and manner and by the same
officers as if the consent herein given had not been made."
(Act approved January 23, 1890. Pierce's Washington Code, 1905,
sec. 8900.)
" SECTION 1. That the consent of the State of Washington be, and
the same is hereby, given to the acquisition, by purchase or by condem-
nation, under the laws of this State relating to the appropriation of
private property to public uses, by the United States of America, or
under the authority of the same, of any tract, piece, or parcel of land,
from any individual or individuals, bodies politic or corporate, within
the boundaries or limits of this State, for the sites of locks, dams,
424 UNITED STATES MILITARY RESERVATIONS, ETC.
«
piers, breakwaters, keepers' dwellings, and other necessary structures
and purposes required in the improvement of the rivers and harbors
of this State or bordering thereon, or for the sites of forts, magazines,
arsenals, docks, navy -yards, naval stations, or other needful buildings
authorized by any act of Congress, and all deeds, conveyances of title
papers for the same shall be recorded, as in other cases, upon the land
records of the County in which the land so acquired may lie, and in
like manner may be recorded a sufficient description by metes and
bounds, courses and distances, of any tract or tracts, legal divisions
or subdivisions of any public land belonging to the United States
which may be set apart by the general government for any or either
of the purposes before mentioned by an order, patent, or other official
document or papers describing such land; the consent herein and
hereby given being in accordance with the seventeenth clause of the
eighth section of the first article of the Constitution of the United
States, and with the acts of Congress in such cases made and pro-
vided, and the jurisdiction of this State is hereby ceded to the United
States of America over all such land or lands as may have been or
may be hereafter acquired by purchase or by condemnation, or set
apart by the general government for any or either of the purposes
before mentioned : Provided, That this State shall retain a concurrent
jurisdiction with the United States in and over all tracts so acquired
or set apart as aforesaid, so far as that all civil and criminal process
that may issue under the authority of this State against any person
or persons charged with crimes committed, or for any cause of
action or suit accruing without the bounds of anv_ such tract, may be
executed therein in the same manner and with like effect as though
this consent and cession had not been granted.
" SEC. 2. The tracts, pieces or parcels of land so acquired or set
apart, together with the tenements and appurtenances for the pur-
poses before mentioned, shall be held exempt from taxation by the
State of Washington." (Act approved February 24, 1891. Pierce's
Washington Code, 1905, sees. 8901-2.)
"SECTION 1. The consent of the State of Washington is hereby
given to the exercise by the Congress of the United States of exclu-
sive legislation in all cases whatsoever over such tract or parcels of
land as are now held or reserved by the government of the United
States for the purpose of erecting or maintaining thereon forts, maga-
zines, arsenals, dockyards, light-houses, and other needful buildings,
in accordance with the provisions of the seventeenth paragraph of the
eighth section of the first article of the Constitution of the United
States; provided, that a sufficient description by metes and bounds,
and an accurate plat or map of each such tract or parcel of land be
filed in the proper office of record in the County in which the same is
situated, together with copies of the orders^ deeds, patents, or other
evidences in writing of the title of the United States ; and provided,
that all civil process issued from the courts of this State, and such
criminal process as may issue under the authority of this State,
against any person charged with crime in cases arising outside of such
reservations, may be served and executed thereon in the same mode
and manner and by the same officers as if the consent herein given had
not been made." ( Section 1 of Article 25 of the Constitution of the
State of Washington.)
WASHINGTON. 425
GENERAL GRANT OF ADJACENT TIDE LANDS.
" SECTION 1. That the use of any tide-lands belonging to the State
of Washington, and adjoining and bordering on any tract, piece or
parcel of land held or reserved by the government of the United
States for the purpose of erecting and maintaining thereon forts,
magazines, arsenals, dock yards and other needful buildings, be and
the same is hereby granted to the United States so long as the upland
adjoining such tide-lands shall continue to be held by the government
of the United States for any of the public purposes above men-
tioned. Provided, That this grant shall not extend to include any
lands covered by more than four fathoms of water at ordinary low
tide: And provided further, That whenever the government of the
United States shall cease to hold for public purposes any such tract,
piece or parcel of land, the use of the tide-lands bordering thereon
shall revert to the State of Washington." (Act approved March 20,
1890. Pierce's Washington Code, 1905, sec. 8903.)
FORT CANBY (CAPE DISAPPOINTMENT).
This reservation contains an area of about 588.20 acres, is situated
in Pacific County, and includes all the land on Cape Disappointment
(also called Cape Hancock) on the northern side of the mouth of the
Columbia River, lying south of an east and west subdivisional line,
which line lies 20 chains south of the Township line between Town-
ships 9 and 10 North, Range 11 West, Willamette Meridian. The
Light- House reservation (embraced within these limits), set apart by
the President December 27, 1859, includes the whole of Lot No. 4, Sec-
tion 9, of said Township, and contains 48 acres, which being deducted
leaves the military reservation as first above stated. March 7, 1895,
the Secretary of War approved the request that the Treasury De-
partment be permitted to use a tract 100 feet square for life-saving
purposes. The title is as follows :
Forming a part of the public domain, it was reserved and set apart
for military purposes by Executive Order dated February 26, 1852,
afterwards modified by order dated January 15, 1863. Name of post
changed from " Fort Cape Disappointment " to " Fort Canby " by
G. O. No. 5, A. G. O., January 28, 1875.
Jurisdiction was ceded to the United States by Section 1 of Article
25 of the Constitution of the State of Washington, as set out under
the title " General Acts of Cession."
CANOE ISLAND.
This reservation contains an area of 43.1'0 acres, and is situated in
San Juan County, in the Haro Archipelago, in what is called Upright
Channel. The reservation includes the whole Island, its boundaries
being limited by the meanderings or indentations of the shore line at
mean low-water mark. The title is as follows :
Formerly a part of the public domain, it was reserved and set apart
for military purposes by Executive Order dated July 2, 1875.
For jurisdiction see Section 1, Article 25, Constitution of the State
of Washington, and act of the State Legislature approved February
24, 1891, under the title " General Acts of Cession."
426 UNITED STATES MILITARY RESERVATIONS, ETC.
See Lopez Island (southwest portion) for license to Inter-Island
Telephone Company.
FORT CASEY.
This reservation is situated on Admiralty Head, along the waters
of Admiralty Inlet, in Island County, and comprises a main reserva-
tion containing (exclusive of land under Crockett's Lake) about
421.35 acres ; and additions for water supply aggregating 9G.88 acres.
Included in the main reservation are two parcels, aggregating 2.58
acres, transferred to the Treasury Department July 31, 1899, and
January 23, 1902, for Light-house reservation, under. Act of Congress
of March 3, 1899 (30 Stat. L., 1250) ; the metes and bounds of which
are described in G. O. 80 of June 4, 1903.
The metes and bounds of the main reservation, except the tracts
conveyed by deeds Nos. 5 to 9, infra, are given in G. O. 195, W. D.,
September 17, 1907; and the metes and bounds of the additions for
water supply are given in G. O. 29, W. D., February 4, 1904, and
G. O. 199, W. D., November 25, 1905.
The title is as follows:
1. Deed from John C. Kellogg, et al., dated March 9, 1897, con-
veying 10 acres. Recorded in Vol. 20, page 171, etc., of the deed
records of Island County. The above deed being for the purpose of
correcting error in previous deed to same property, dated December
24, 1858.
The above 10 acres were transferred by the Treasury Department,
on July 31, 1899, in exchange for two parcels of land, parts of the
Fort Casey Reservation, aggregating 2.58 acres, and a right of way
to and from said tracts. Transfer made pursuant to Act of Con-
gress, approved March 3, 1899. On September 13, 1902, one of the
tracts above mentioned, being a square of 150 feet, was transferred
back by the Treasury Department, in exchange for another parcel of
approximately the same area.
2. Deed from John C. Kellogg, dated April 20, 1897, conveying
123 acres. Recorded in Vol. 20, page 119, of same records. The
purchase of the above tract was authorized by the Secretary of War,
October 26, 1896.
3. Deed from Albert H. Kellogg and wife, dated January 18, 1899,
conveying 27 acres. Recorded in Vol. 20, page 279, of same records.
4. Decree of Condemnation for 221.55 acres, in a cause entitled
"The United States v. Susan H. Hancock et al.," in the United
States District Court for the District of Washington. Rendered
July 30, 1901, and filed in the Clerk's Office of said Court, August 3,
1901.
5. Deed from Sabine Abbott, et ux., dated March 2, 1907, convey-
ing 4.347 acres, acquired for site for secondary stations. Recorded
in Vol. 22, page 270, of same records.
6. Deed from Bertha S. Jenne, individually and as executrix of
Jacob Jenne, dated August 29, 1908, conveying 79 acres, on the north
of the reservation, forming one tract with the 4.347 acres acquired
by deed No. 5 supra. Recorded in Vol. 25, page 279, of same records.
7. Deed from Luther Weedin, dated June 3, 1907, conveying cer-
tain blocks in the town of Brooklyn as site for fire-control stations,
aggregating, including streets, etc., about 10 acres. Recorded in VoL
24, page 3195 of same records.
WASHINGTON. 427
8. Quitclaim deed from A. D. Blowers, et ux., dated June 20, 1907.
covering block 18 conveyed by deed No. 7, supra. Kecorded in Vol.
23, page 257, of same records.
9. Quitclaim deed from H. L. Tebbals, et ux., dated June 25, 1907,
covering block 18 conveyed by deed No. 7, supra. Recorded in Vol.
23, page 258, of same records.
Additions for water supply.
10. A tract of 66 acres, for purposes of water supply, located in
Section 6, Township 30 North, and Section 31, Township 31 North,
both in Range 2 East, was acquired by decree of the United States
District Court, for the District of Washington, rendered August 18,
1903; recorded in volume 17, page 564, et seq.. Misc. Records of
Island County.
The following deeds cover right of way for water pipe-line from
said tract to the main reservation :
(a) Deed from Christian Kaehler and wife, dated August 18, 1903.
Recorded in vol. 21, pages 431-432, Deed Records of Island County.
(5) Deed from Alexander Rosenfield and wife, dated August 24,
1903. Recorded in vol. 21, pages 488-489, same records.
(c) Deed from Elizabeth Trenholm, widow, dated August 27, 1903.
Recorded in vol. 21, pages 434-435, same records.
(d) Deed from Rosalie L. Morris and husband, dated August 29,
1903. Recorded in vol. 21, page 443, same records.
(e) Deed from Howard B. Lovejoy and wife, dated September 19,
1903. Recorded in vol. 21, pages 441-442, same records.
(/) Deed from J. A. Baker, et al., dated September 19, 1903. Re-
corded in vol. 21, pages 440-441, same records.
(g) Deed from Board of County Commissioners of Island County,
dated October 8, 1903. Recorded in vol. 21, page 436, same records.
(h) Deed from W. St. George Elliott and wife, dated October 17,
1903. Recorded in vol. 21, pages 433-434, same records.
(i) Deed from The Kineth Company, dated August 25, 1903. Re-
corded in vol. 23, page 26, Misc. Records.
(j) Deed from Matilla L. Crockett, et al., dated August 3, 1904.
Recorded in vol. 21, page 538, deed records.
11. Deed from William Hampton and wife, dated October 26,
1904, conveying 30.88 acres in section 14, township 31 north,. range 1
east. Recorded in vol. 19, page 434, of same records.
RIGHT OF WAY FOR SEWER.
Deed from William Hampton and wife, dated January 31, 1906,
covering sewer and drain, in consideration of license, dated January
9, 1906, for water supply from the Government water main — the ease-
ment to terminate in the event of the revocation of the license.
Jurisdiction was ceded to the United States by Acts of the State
Legislature approved January 23, 1890, and February 24, 1891, as set
out under the title " General Acts of Cession."
Revocable Licenses: License, June 18, 1900, to Sunset Telephone
Company to plant telephone poles within the limits of the reservation.
License, January 9, 1906, to William Hampton for water main
connecting his residence with Government supply and to use suffi-
428 UNITED STATES MILITARY RESERVATIONS, ETC.
cient water for household purposes. See deed from William Hamp-
ton, ante.
CHALLAM POINT.
This reservation is situated in Jefferson County, in Township 30
North, Kange 2 West, on the west side of the entrance to Port Dis-
covery.
It was declared by Executive Order dated September 22, I860.
The order reserved 640 acres, if the title should be found to be in the
United States. Upon final designation by the War Department the
area was reduced to 547.7 acres.
For jurisdiction see Section 1, Article 25, Constitution of the State
of Washington, and act of the State Legislature approved February
24, 1891, under title " General Acts of Cession."
CHALLAM POINT.
(Land opposite to.)
This reservation is situated in Jefferson County, in Township 30
North, Ranges 1 and 2 West, opposite Challam Point on the east
side of the entrance to Port Discovery.
It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres, if the title should be found to be in the
United States. Upon final designation by the War Department the
area was reduced to 302.75 acres.
For jurisdiction see Section 1, Article 25, Constitution of the State
of Washington, and act of the State Legislature approved February
24, 1891, under title " General Acts of Cession."
FORT COLUMBIA.
This reservation contains an area of 729.35 acres, and is situated at
Chinook Point, in Pacific County, on the north bank of the Columbia
River, being a part of Sections 15, 16, 17, 21 and 22, in Township 9
North, Range 10 West. The title is as follows:
1. Deed from Henry K. Stevens, Administrator, etc., dated May 24,
1864, conveying 643.2 acres. Recorded in Book B, folio 168, etc., of
the deed records of Pacific County.
2. Quit-Claim Deed from Solomon B. Preble and Mary Preble, his
wife, dated March 7, 1864, releasing right of dower held by Mary
Preble as widow of Rocque Ducheney. Recorded in Book B, page
170, etc., of same records.
3. Deed from the Northern Pacific Railroad Company, dated July
31, 1899, conveying Lots 1 and 2 of sec. 15, and Lot 4 of sec. 21, con-
taining 53.15 acres. Recorded in Book 34, page 209, etc., of same
records.
4. Executive Order dated May 8, 1899, setting apart for military
purposes, Lot 9, sec. 22, containing 33 acres.
For jurisdiction see Act of the State Legislature approved January
23, 1890, as set out under title " General Acts of Cession."
Easements : By instrument, dated April 13, 1907, under Act of Con-
gress approved February 25, 1907 (G. O. 45, W. D., 1907), the Secre-
tary of War approved and authorized the construction by the Colum-
bia Valley Railroad Company of a railway crossing the reservation
by a tunnel under the post.
WASHINGTON. 429
By instrument dated November 15, 1909, under Act of Congress
approved July 5, 1884 (23 Stat. L., 103), authority was given for the
extension of a county road across the reservation.
Revocable Licenses: License, September 7, 1904, to Lum On to con-
duct a laundry upon the reservation, formerly conducted by him
under permission of the post commander.
License, August 8, 1905, to the Sunset Telephone Company cover-
ing use of two cores of cable between Forts Stevens and Columbia.
License, March 1, 1909, to S. I. Baseel for private telephone line.
License, February 19, 1909, to The Ilwaco Telephone Company for
private telephone line.
DECEPTION PASS.
(North side of.)
This reservation is situated on Fidalgo Island, in Skagit County,
in Township 34 North, Range 1 East, north of the entrance to the
pass, and includes the two islands in the pass.
It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres, if the title should be found to be in
the United States. Upon final designation by the War Department
the area was reduced to 550 acres. It is possible that this latter area
may be still further reduced by excepting tracts found to have been
disposed of prior to the date of the above order.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and the act of the State Legislature approved
February 24, 1891, under title " General Acts of Cession."
Lease, March 31, 1908, to State Highway Board for five years from
April 1, 1908, of certain portion of reservation.
Revocable License: License, March 10, 1898, to T. J. R. Giles,
keeper of the stake light, to use for agricultural purposes a small
parcel of land (about 1J acres) now under fence, in the northwest
corner of the reservation.
DECEPTION PASS.
(South side of.)
This reservation is situated on Whidbey's Island in Island County,
in Township 34 North, Range 2 East, south of the entrance to the
pass.
It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres, if the title should be found to be in the
United States. Upon final designation by the War Department the
area was reduced to 630 acres. It is possible that this latter area may
be still further reduced by excepting tracts found to have been dis-
posed of prior to the date of the above order.
For jurisdiction see Section 1, Article 25, of the State Constitution
of Washington, and the act of the State Legislature approved Feb-
ruary 24, 1891, for which see " General Acts of Cession."
DOUBLE BLUFF.
This reservation is situated on the southern shore of Whidbey's
Island, in Island County, being fractional sections 26, 27, 28, and
Lots 4 and 5, Section 22, of Township 29 North, Range 2 East, oppo-
site Foulweather Point.
430 UNITED STATES MILITARY RESERVATIONS, ETC.
It was declared by Executive Order dated September 22, 1866,
The order reserved 640 acres, if the title should be found to be in the
United States. June 3, 1871, by final designation by the War De-
partment the area was reduced to 633.3 acres, and afterward to 626.25
acres. It is possible that this latter area may be still further reduced
by excepting tracts found to have been disposed of prior to the date
of the above order.
^ For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act of the State Legislature, approved Feb-
ruary 24, 1891, under the title " General Acts of Cession."
FORT FLAGLER.
This reservation contains 910 acres, and certain tide lands, situated
at Marrowstone Point, in Jefferson County. The title is as follows :
1. It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres if the title should be found to be in the
United States. Upon final designation by the War Department, the
area was reduced to 590 acres. It is possible that this latter area may
be still further reduced by excepting tracts found to have been dis-
posed of prior to the date of the above order.
2. In addition to the above, the N. \ of the SW. J of Section 17,
and that part of Lot 6 of Section 18, Township 30 North, Eange 1
East, Willamette Meridian, not embraced in the order of September
22, 1866, was, by Executive Order dated November 14, 1896, added
to the Marrowstone Point Reservation, the addition being estimated
as containing an area of 58 acres.
3. Deed from George Pitman and wife, dated November 24, 1896,
conveying the SE. | of SW. J and the E. J of the SW. J of the SW.
\ of Section 17, Township 30 North, Range 1 East, containing 60
acres. Recorded in Vol. 36, page 228, of the deed records of Jeffer-
son County.
4. Deed from Ann D. Starrett and husband, et al., dated July 2,
1897, conveying Lots 3 and 4 and SW. | of NE. J and W- \ of SE. J
of Section 17, Township 30 North, Range 1 East, containing 172 acres
of land. Recorded in Vol. 47, page 271, of same records. Deed made
in accordance with a Decree of Condemnation for said land in the
United States Circuit Court for the District of Washington, North-
ern Division, wherein the United States, etc., were plaintiffs and Ann
D. Starrett et al. were defendants. Decree made final June 2, 1897,
and filed with the record in the Clerk's Office of said Court.
5. Deed from the State of Washington, dated February 16, 1899,
conveying two tracts of tide lands. Recorded in Book 48, page 255,
of same county records.
Above conveyance made in accordance with the provisions of an
act of the State Legislature, approved March 20, 1890, under title
kt General Grant of Adjacent Tide Lands."
6. Deed from Jacob Jenne, et. ux., dated January 17, 1907, con-
veying 25 acres. Recorded in Vol. 58, page 291, of same records.
1. Deed from Jacob Kuhn, et ux., dated May 29, 1909, conveying 5
acres near and adjoining the reservation, required as a site for search-
light. Recorded in Vol. 62, page 317, of same records.
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature approved
February 24, 1891, under title " General Acts of Cession."
WASHINGTON. 431
Revocable Licenses: License, September 6, 1904, to Carl Troiel to
occupy a small log building upon the reservation, heretofore occu-
pied under permission from the post commander, for residential and
post-office purposes.
License, September 6, 1904, to D. B. Weather be to occupy as a
residence, the house erected by him upon the reservation.
License, September 6, 1904, to Charley Munn to conduct laundry
business upon the reservation heretofore conducted under permission
of the post commander.
License, April 7, 1906, to The Sunset Telephone and Telegraph
Company for telephone line for private telephone service.
License, September 15, 1908, to The Independent Telephone Co.
for telephone service.
FOULWEATHER POINT.
This reservation is situated in Kitsap County, on the east side of
the entrance to Hoods Canal, in Township 28 North, Ranges 1 and
2 East.
It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres, if the title should be found to be in the
United States. Upon final designation by the War Department the
area was reduced to 485.5 acres.
For jurisdiction see Section 1, Article 25, Constitution of the State
of Washington, and act of the State Legislature approved February
24, 1891, under title " General Acts of Cession."
FORT GEORGE WRIGHT.
This reservation contains an area of 1,022.80 acres, exclusive of
the right of way of the Seattle, Lake Shore and Eastern Railroad,
and also exclusive of the right of way of the St. Paul, Minneapolis
and Manitoba Railroad (Great Northern), and is situated in Spokane
County, near the City of Spokane.
Name changed from " Fort Wright " to " Fort George Wright "
by G. O. 97, W. D., 1908.
The land was acquired under and by virtue of an Act of Congress,
approved February 12, 1895. The title is as follows :
Deed from the Spokane and Eastern Trust Company, dated Octo-
ber 31, 1895, conveying by metes and bounds a tract containing the
above acreage, after excepting the right of way for the two roads
named. Recorded in Vol. 41, page 124, of the deed records of
Spokane County.
For jurisdiction, see Acts of the State Legislature, approved Janu-
ary 23, 1890, and February 24, 1891, under the title " General Acts
of Cession."
Easements: Act of Congress, approved March 2, 1897, granted a
right of way through the reservation to the St. Paul, Minneapolis and
Manitoba Railway Company. Location approved by the Secretary
of War, March 3, 1897.
Act of Congress, approved Januar}7 28, 1907, authorized the Secre-
tary of War to locate a right of way for the Spokane and Inland
Empire Railroad Company. Location approved July 22, 1908.
432 UNITED STATES MILITARY RESERVATIONS, ETC.
The public has an easement in a county road, extending across sec-
tion 10 of the reservation, which existed prior to the acquisition of
the tract for military purposes.
Revocable Licenses: License, May 29, 1897, to Great Northern Rail-
way Company, for a spur track to the post.
License, June 12, 1905, to the Washington Water Power Company,
for an electric railway.
License, October 15, 1906, to Wm. Hager, teamster, Q. M. D., to
occupy a cottage owned by him on the reservation.
License, October 15, 1906, to Charles E. Coates, engineman, Q. M,
D., to occupy a cottage owned by him on the reservation.
License, October 15, 1906, to G. E. Freeman, blacksmith,
Q. M. D., to occupy a cottage owned by him on the reservation.
Transfer to Archibald H. Lyon, plumber, Q. M. D., approved June
29, 1907.
License, December 2, 1908, to Ord. Sgt. Casper Meyer, U. S. A., and
Ord. Sgt. B. Coughlin, U. 8. A., retired, to lay and maintain a one-
inch water pipe to connect with post water supply, for houses owned
by them off the reservation. Licensees to pay for water direct to
the City Water Works Company.
GIG HARBOR.
This reservation contains 77.80 acres, and comprises Lots 5 and 6 of
section 5, and Lot 1 of Section 8, Township 21 North, Range 2 East
of the Willamette Meridian, containing valuable sand and gravel de-
posits. It was set apart for military purposes by Executive Order,
dated April 3, 1901.
For jurisdiction see General Acts of Cession.
Lease of Gates Lot, dated May 13, 1907, to Phil. Brautigam and
wife, for five years from May 1, 1907, said lot containing ten acres,
and situated in the northwest corner of said reservation.
Lease, March 16, 1909, to Lottie Rowley, for five years from April
1, 1909, of remainder of reservation.
GOOSE ISLAND.
This reservation contains 4 acres and includes the whole of the
small island of that name lying in the Strait of San Juan de Fuca, off
the southeastern point of San Juan Island, in the South-East quarter
of the North-East quarter of Section 8, Township 34, Range 2 West,
Willamette Meridian, in San Juan County. The title is as follows:
Formerly a part of the public domain, it was reserved and set apart
for military purposes by Executive Order dated January 9, 1889.
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature approved
February 24, 1891, under the title " General Acts of Cession/'
HOODS HEAD.
This reservation is situated in Kitsap County, on the west side of
the entrance to Hoods Canal, in Township 28 North, Range 1 East.
It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres if the title should be found to be in the
WASHINGTON. 433
United States. Upon final designation by the War Department the
area was reduced to 614.25 acres. The present area is 43.25 acres.
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature approved
February 24, 1891, under the title " General Acts of Cession."
HOPE ISLAND.
This reservation comprises two small islands east of Deception
Pass in Township 34 North, Kange 2 East of the Willamette Merid-
ian, and contains a combined area of 200 acres. It was set apart and
declared a military reservation by Executive Order, dated September
22, 1866.
For jurisdiction'see " General Acts of Cession."
Lease, July 18, 1908, to George L. Andrews, for five years from
August 1, 1908, of entire reservation.
FORT LAWTON.
This reservation is situated at Magnolia Bluff, near the City of
Seattle, and comprises an area of about 640 acres, exclusive of the
tide lands and harbor acres, with metes and bounds as given in G. O.
No. 120, W. D., June 3, 190T. The lands were donated to the Gov-
ernment by the city of Seattle, under Act of Congress, of March 2,
1895, and conveyed by deeds as follows:
1. Deed from John Sullivan, dated October 14, 1896, conveying
160 acres. Recorded in Vol. 215, page 240, of the deed records of
King County.
2. Deed from the State of Washington, dated June 2, 1897, con-
veying certain tide lands. Recorded in Vol. 221, page 273, of same
records.
3. Deed from Christian Scheuerman and wife, dated June 14,
1897, conveying 1.51 acres. Recorded in Vol. 222, page 349, of same
records.
4. Deed from Anna Sophia Brygger, dated June 26, 1897, convey-
ing a strip of land for a roadway. Recorded in Vol. 222, page 358,
of same records.
5. Deed from Ole Schillestad and wife, dated June 26, 1897, con-
veying a strip of land for a roadway. Recorded in Vol. 222, page
361, of same records.
6. Deed from Gustaf Anderson, dated June 26, 1897, conveying a
strip of land for a roadway. Recorded in Vol. 222, page 363, of same
records.
7. Deed from C. F. Anderson and wife, dated June 26, 1897, con-
veying a strip of land for a roadway. Recorded in Vol. 222, page
365, of same records.
8. Deed from Thomas W. Prosch and wife, dated June 29, 1897,
conveying ten tracts of land, containing in the aggregate 310.87 acres.
Recorded in Vol. 222, page 352, of same records.
9. Deed from Thomas W. Prosch and wife, dated June 29, 1897,
conveying 20.1 acres. Recorded in Vol. 222, page 355, of same
records.
10. Quit-Claim Deed from The Smith Cove Land Company, dated
July 15, 1897, conveying a strip of land for a roadway. Recorded in
Vol. 220, page 358, of same records.
16809—10 28
434 UNITED STATES MILITARY RESERVATIONS, ETC.
11. Deed from the State of Washington, elated July 17, 1897, con-
veying certain tide lands. Recorded in Vol. 220, page 357, of same
records.
12. Deed from Albert T. Bornan, dated July 26, 1897, conveying
2.50 acres. Recorded in Vol. 155, page 280, of same records. The
above deed was executed for the purpose of correcting the name of
the grantee in a previous deed by me same party, dated July 22, 1897.
13. Deed from King County, dated July 29, 1897, conveying sev-
eral tracts of land, containing in the aggregate 150.40 acres. Re-
corded in Vol. 220, page 435, of same records. The above deed was
executed for the purpose of correcting the name of the grantee in a
previous deed by the same party, dated July 19, 1897.
14. Deed from Lena Graham, dated July 28, 1897, conveying 2.41
acres. Recorded in Vol. 215, page 340, of same records.
15. Deed from Lena Graham, dated July 28, 1897, conveying 3.05
acres. Recorded in Vol. 222, page 467, of same records.
16. Deed from Sussanne Scheuerman, dated July 28, 1897, convey-
ing 10.73 acres. Recorded in Vol. 222, page 464, of same records.
17. Deed from Anna E. Ellicott, dated July 31, 1897, conveying a
tract of 31.18 acres, excepting therefrom a tract of 5 acres previously
conveyed for light-house purposes. Recorded in Vol. 219, page 309,
of same records.
18. Deed from Catharine Scheuerman, dated July 31, 1897, convey-
ing 10.97 acres. Recorded in Vol. 215, page 339, of same records.
19. Deed from Mary Jenott, dated August 3, 1897, conveying 7.68
acres. Recorded in Vol. 222, page 461, of same records.
20. Quit-Claim Deed from Thomas W. Prosch and wife, dated
August 4, 1897, conveving the undivided J^ of lots 1 and 2, sec. 9, T.
25 N., R. 3 E. of the" Willamette Meridian. Recorded in Vol. 204,
page 413, of same records.
21. Deed from Bertha Bradowich and husband, dated August 5,
1897, conveying 5.45 acres. Recorded in Vol. 220, page 429, of same
records.
22. Deed from Horace D. Chapin, dated August 19, 1897, convey-
ing a strip of land for a roadway. Recorded in Vol. 221, page 490,
of same records.
23. Deed from Joseph Bradowich and wife, dated September 4,
1897, conveying 0.25 acre. Recorded in Vol. 190, page 295, of same
records.
24. Deed from Christian Scheuerman and wife, dated September 7,
1897, conveying 1.51 acres. The above deed modifies deed from same
parties, (numbered 3, supra) in respect to the privilege of turning
aside and diverting a certain creek to prevent its flowing over the
lands conveyed. Recorded in Vol. 222, page 432, of same records.
25. Quit-Claim Deed from John B. Allen and wife, et al., dated
September 11, 1897, conveying the S. E. | of the S. E. J of the S. W.
I of sec. 10, in T. 25 N., R. 3 E. of the Willamette Meridian. Re-
corded in Vol. 224, page 612, of same records.
26. Deed from Christian Scheuerman, dated January 28, 1898, con-
veying 1.51 acres. Recorded in Vol. 221, page 629, of same records.
The above deed takes the place of deeds numbered 3 and 24, supra.
27. Deed from King County, dated February 17, 1898, conveying
certain land therein described. Recorded in Vol. 221, page 633, of
same records.
WASHINGTON. 435
Title to the tide lands was ceded by an act of the State Legislature,
approved March 20, 1890, under "General Grant of Adjacent Tide
Lands."
For jurisdiction see " General Acts of Cession."
Easement: Act of Congress of May 2, 1908 (35 Stat. L., 99), grants
to the city of Seattle right of way through the reservation for sewer
and drainage purposes and the right to open and maintain a public
street along the southern, eastern and northern boundaries.
Revocable Licenses : Licenses, October 10, 1903, November 16, 1904,
and June 24, 1907, to The Seattle Electric Company to construct and
operate extensions to its' electric street railway system on the reser-
vation and the Government road.
Licenses, December 5, 1905, and June 25, 1907, to Independent Tele-
phone Company for telephone line — using, in part, the poles of The
Seattle Electric Company.
License, May 21, 1906, to Will H. Parry, J. A. Nadeau, Fonda
Nadeau and W. K. Owens for water-pipe line, and for electric light
and telephone line.
License, November 7, 1907, to The Magnolia Heights Co. for water
main.
License, July 16, 1908, to The City of Washington for electric light
and telephone line.
License, dated December 15, 1909, to the Pacific Telegraph and
Telephone Company for public telephone station.
LOPEZ ISLAND.
(Northwest portion.)
This reservation contains an area of 634.60 acres, and is situated in
San Juan County, in Townships 35 and 36 North, Range 2 West,
extending between and including within its limits both Flat Point
and Upright Point. Was set apart from the public domain and de-
clared a reservation for military purposes bv Executive Order dated
July 2, 1875.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and Act of February 24, 1891, under title
" General Acts of Cession."
Lease : May 20, 1905, of the entire reservation for five years, from
June 1, 1905, to Ben Lichtenberg, for pasturage and general farming
purposes.
LOPEZ ISLAND.
(Southwest portion.)
This reservation contains an area of 677.28 acres and is situated in
San Juan County, in Township 34 North, Range 2 West, directly
opposite the southeast point of San Juan Island, and includes Bunch
Island and Whale Rocks. Was set apart from the public domain and
declared a reservation for military purposes by Executive Order
dated July 2, 1875.
For jurisdiction see Section 1, Article 25, Constitution of the State
of Washington, and act of the State Legislature approved February
24, 1891, under title " General Acts of Cession,"
436 UNITED STATES MILITARY RESERVATIONS, ETC.
Lease : The reservation was leased for 5 jears, from January 19,
1909, to Henry C. Bartlett, for grazing and agricultural purposes.
License, July 8, 1905, to Inter-Island Telephone Company, for
telephone line across military reservations on Lopez, Canoe and Shaw
Islands, and for cable between Lopez and Shaw Islands.
MIDDLE POINT AND ORCHARD POINT.
This reservation has an area of 385.25 acres and includes Middle
Point and Orchard Point and abutting tide lands at the entrance to
Port Orchard in Kitsap County. Rich's passage, a small bay of
about 1 mile in width, separates the above tract from Fort Ward,
which was acquired by the United States at the same time. The
title is as follows:
Decree of Condemnation for 715.75 acres, including tide-lands, in
cause No. 1348, entitled " The United States v. Annie Tennant, et
al.," in the United States District Court for the District of Wash-
ington. Rendered April 1, 1899, and filed the same day in the Clerk's
Office of said Court.
Jurisdiction over the tide lands was ceded by an Act of the State
Legislature, approved March 20, 1890. For general jurisdiction see
act of February 24, 1891, as set out under title " General Acts of
Cession."
License, June 8, 1909, to Mr. D. O'Kelly of Seattle, Washington
to construct logging road on reservation of Middle Point.
NEE-AH HARBOR.
(East side of.)
This reservation contains an area of 398.5 acres, and is situated in
Clallam County on the east side of Nee-ah Harbor, near the strait of
Juan De Fuca.
As part of the public domain it was set apart and declared a reser-
vation for military purposes by Executive Order dated June 9, 1868.
For jurisdiction see Section 1, Article 25 of the Constitution of the
State of Washington, and act of the State Legislature approved
February 24, 1891, under title " General Acts of Cession."
NEE-AH HARBOR.
(West side of.)
This reservation contains 381.25 acres, and is situated in Clallam
County on the west side of Nee-ah Harbor, near the strait of Juan
De Fuca.
As a part of the public domain it was set apart and declared a mili-
tary reservation by Executive Order dated June 9, 1868.
For jurisdiction see Section 1, Article 25 of Constitution of State of
Washington, and act of the State Legislature approved February 24,
1891, under the title " General Acts of Cession."
WASHINGTON. 437
NEW DTJNGENESS HARBOR.
(Lands on north side of.)
This reservation is situated in Clallam County, in Township 31
North, Range 4 West, on the north side of New Dungeness Harbor,
embracing all the peninsula to its junction with the mainland.
It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres if the title should be found to be in the
United States. Upon final designation by the War Department the
area was reduced to 258.63 acres.
For jurisdiction see Section 1, Article 25 of Constitution of the
State of Washington, and act of the State Legislature approved
February 24, 1891, under the title " General Acts of Cession."
NEW DUNGENESS HARBOR.
(Lands on south side of.)
This reservation is situated in Clallam County, in Township 31
North, Ranges 3 and 4 West, on the south side of New Dungeness
Harbor.
It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres if the title should be found to be in the
United States. Upon final designation by the War Department the
area was reduced to 628 .acres.
The present area not occupied by private parties appears to be
about 22.75 acres.
For jurisdiction see Section 1, Article 25 of the Constitution of the
State of Washington, and act of the State Legislature approved
February 24, 1891, under the title " General Acts of Cession."
POINT DEFIANCE.
This reservation contains an area of about 637.9 acres and is situ-
ated in Pierce County, at the narrows of Puget Sound, on the east of
Commencement Bay.
Taken from the public domain and declared a reservation for mili-
tary purposes by Executive Order dated September 22, 1866, which
order reserved 640 acres should the title be found to be in the United
States. Upon final designation by the War Department the area
was reduced to 637.9 acres.
For jurisdiction see Section 1, Article 25 of the Constitution of the
State of Washington, and act of the State Legislature approved
February 24, 1891, under title " General Acts of Cession."
By Act of Congress, approved March 3, 1905 (33 Stat. L., 1013),
this reservation was granted to the City of Tacoma, Washington, for
a public park, subject to the right of the United States to use the
same for military, naval, or light -house purposes, without liability
for damages or compensation because of such use — said Act providing
further : " That if said lands shall not be used as a public park, the
same or such parts thereof not so used, shall revert to the United
States."
438 UNITED STATES MILITARY RESERVATIONS, ETC.
POINT HUDSON.
This reservation is situated at the entrance to Port Townsend. By
Executive Order, dated September 22, 1866, 640 acres were set apart
and declared for military purposes. The portion not covered by
perfected land claims appears to be about 0.10 acre.
For jurisdiction see General Acts of Cession.
PORT MADISON (AGATE PASSAGE) .
This reservation contains about 70.50 acres, situate on Agate
Passage to Port Orchard, in Kitsap County, Washington, comprising
that portion of the Port Madison Indian Reservation designated as
Lots 4 and 5 of Section 21, and Lots 1 and 2 of Section 28, Township
26 north, Eange 2 east, Willamette Meridian.
Title was acquired by conveyances from certain Indians, pursuant
to agreement ratified by Congress on March 3, 1905 (33 Stat. L.,
1078) ; said conveyances being recorded in the Auditor's Office of
Kitsap County, Washington, in Deed Book 43, pages 764, 766, 768
and 769; and by order of the President, dated July 29, 1905, the
lands were formally reserved for military purposes; and a descrip-
tion thereof is published in G. O. No. 130, War Dept., Aug. 5, 1905.
For jurisdiction, see General Acts of Cession.
License, August 17, 1904, to Postal Telegraph-Cable Company to
reconstruct its line through the reservation.
PROTECTION ISLAND.
(Land opposite to.)
This reservation is situated in Jefferson County, in Township 30
North, Range 1 West, opposite to Protection Island.
It was declared by Executive Order dated September 22, 1866.
The order reserved 640 acres if the title should be found to be in the
United States. Upon final designation by the War Department the
area was reduced to 354.25 acres. It is possible that this latter area
may be still further reduced by excepting tracts found to have been
disposed of prior to the date of the above order.
For jurisdiction see General Acts of Cession.
SAN JUAN ISLAND.
(Northeast point of.)
This reservation contains an area of 484.31 acres, and is situated
in San Juan County in Sections 1, 2, 11, 12 and 13, in Township 35
North, Range 3 West, and includes Point Caution.
Forming a part of the public domain it was declared and set apart
as a military reservation by Executive Order, dated July 2, 1875.
This order reserved 640 acres, but the title to so much not being in the
United States at date of order, the area was designated by the War
Department as above noted.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
WASHINGTON. 439
Lease: Lease for five years, from January 1, 1908, to P. A. Jensen
of the military reservation at Point Caution, containing about 484
acres.
License, October 24, 1904, to International Telephone Company for
telephone line.
SAN JUAN ISLAND.
(Southeast point of.)
This reservation contains an area of about 640 acres, and is situated
on San Juan Island in Township 34 North, Range 2 Westj Wil-
lamette Meridian, and includes Cattle Point, Rocky Peninsula, Neck
Point, and Mount Finlayson.
Forming a part of the public domain it was declared and set apart
as a military reservation by Executive Order, dated July 2, 1875.
This order was afterwards amended by order dated March 20, 1889,
which last order was amended by the Executive May 20, 1889, so as
to embrace Lot 1 of Section 5 ; Lots 4, 5, 6, 7, 8, 9 and 12, SW. \ of
NE. J and SE. J of NE. J of Section 7; and Lots 1, 2, 3, 4, 5, 6 and
7, and SW. J of NW. i, and the SE. J of the NW. J of Section 8 of
the above Township and Range, with the area above stated.
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
Lease: Lease for 5 years, January 19, 1906, to Mrs. George Jackie,
of the above reservation.
SHAW ISLAND.
(Eastern side of.)
This reservation contains an area of 594.9 acres, and is situated in
San Juan County, in Township 36 North, Range 2 West. It was
set apart from the public domain and reserved for military purposes
by Executive Order, dated July 2, 1875. This order reserved 640
acres, but the title to so much not found to be in the United States at
the date of the order, the area was designated by the War Depart-
ment as above stated.
For jurisdiction see Section 1, Article 25, of Constitution of the
State of Washington, and act of the State Legislature, approved Feb-
ruary 24, 1891, under the title " General Acts of Cession."
SHAW ISLAND.
(Western side of.)
This reservation contains an area of 471.5 acres, with metes and
bounds as announced in G. O. No. 136, W. D., July 6, 1909. It is sit-
uated in San Juan County, in Township 36 North, Range 2 West, and
includes George Point and Neck Point on the western shore of the
Island. It was originally set apart from the public domain and re-
served for military purposes by Executive Order, dated July 2, 1875 ;
but this order was amended by Executive Orders of May 12, and
June 26, 1909, so as to exclude certain lands erroneously included in
patents to private parties, and other lands not subject to reservation
when the original reservation was made.
440 UNITED STATES MILITARY RESERVATIONS, ETC.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act of the State Legislature, approved Feb-
ruary 24, 1891, under title " General Acts of Cession."
Lease, August 18, 1909, of entire reservation to A. D. Tift for five
years from September 1, 1909.
Revocable Licenses: License, October 24, 1904, to International
Telephone Company for telephone line.
License, April 6, 1908, to P. A. Jensen to maintain logging road
constructed by Friday Harbor Lumber and Manufacturing Company
under license of June 28, 1905.
See Lopez Island for license to Inter- Island Telephone Company.
FORT SPOKANE.
(Old site.)
This reservation contains an area of 640 acres, and is situated in
Township 28 North, Range 36 East, in Lincoln County. As a part
of the public domain it was set apart and declared a military reserva-
tion by Executive Order, dated January 12, 1882, which was after-
wards modified by Order, dated November 17, 1887, excepting from
reservation all lands within the limits described heretofore granted,
entered upon by settlers, or in any way reserved.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act or the State Legislature, approved Feb-
ruary 24, 1891, under title " General Acts of Cession."
Under authority of Act of Congress approved July 31, 1882 (22
Stats. L., p. 181), the reservation was turned over to the custody and
control of the Secretary of the Interior Department, August 28, 1899,
for Indian school purposes, so long as it may not be required for mili-
tary occupation.
STJCIA ISLANDS.
This reservation contains an area of 377.4 acres, and is situated in
San Juan County, in the Gulf of Georgia, being approximately in
Sections 23, 24, 25 and 26, of Township 38 North, Range 2 West,
Willamette Meridian. The Islands were originally reserved by Exec-
utive Order, dated July 13, 1892, for Light-House purposes, which
order was canceled by order dated March 4, 1896, and excepting lands
embraced within two permanent locations for light-house purposes,
the Islands were reserved for military purposes. By a later order,
dated December 12, 1896, the Executive turned over to the Interior
Department, under authority of the act of Congress approved July 5,
1884, all the land embraced in the mineral application No. 97, known
as the " Sucia Island Stone Mine," reducing the area to the acreage
as stated above.
For jurisdiction, see act of the State Legislature, approved Febru-
ary 24, 1891, under the title " General Acts of Cession."
TALA POINT.
This reservation is situated in Jefferson County, on the west side of
the entrance to Hood's Canal and southwest from Double Bluff Mili-
tary Reservation, in Township 28 North, Range 1 East. It was
WASHINGTON. 441
declared by Executive Order dated September 22, 1866. The order
reserved 640 acres if the title should be found to be in the United
States. Upon final designation by the War Department the area
was reduced to 615.25 acres. The present area appears to be about
162.25 acres.
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
Lease, April 10, 1909, to Puget Mill Company for five years.
THREE TREE POINT.
This reservation contains an area of 640 acres, and is situated in
Wahkiakum County, in Township 9 North, Range 7 West, on the
right bank of the Columbia River, nearly opposite the east end of
Wood Island. Forming part of the public domain, it was set apart
and reserved for military purposes by Executive Order dated July
31, 1865.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
Easement: Permission given by the Secretary of War, November
12, 1908, to the Grays Harbor and Columbia River Railway Company,
under Act of Congress approved March 26, 1908 (35 Stat. L., 47), to
construct railroad and telegraph line through the reservation.
Revocable Licenses: License, December — , 1897, to D. R. Jones to
construct a logging road across the reservation.
License, June 22, 1901, to the Crown Paper Company to construct
a skid or logging road across the reservation.
FORT TOWNSEND.
This reservation contains 615.10 acres, and is situated on the west
side of Port Townsend Bay, about 3 miles from Port Townsend, in
Jefferson County.
The reservation was proclaimed by Executive Order, January 29,
1859. By Executive Order dated April 1, 1895, the reservation was
turned over to the Interior Department, but on April 30, 1896, the
order of disposition was revoked and rescinded by the President, and
the tract was again set apart as a military reservation.
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
VANCOUVER BARRACKS.
This reservation contains an area of 640.47 acres, and is situated
on the right bank of the Columbia River, 120 miles from its mouth
and 5 miles west of its confluence with the Willamette River, in
Clarke County.
A reserve 10 mile square was made here by an Order of the Sec-
retary of War? dated January 29, 1848, and under that order Col.
W. W. Loring, on behalf of the United States, by an order dated
October 31, 1850, defined the limits of said reservation, including an
442 UNITED STATES MILITARY RESERVATIONS, ETC.
area of about 16 square miles, subject to any and all valid claims of
the Hudson Bay Company and others, as provided for in the treaty
between the United States and Great Britain, dated July 17, 1846.
By instructions from the War Department, dated October 29, 1853,
the area was reduced to 640 acres and the boundaries thereof pub-
lished in General Orders, dated December 8, 1853, Headquarters,
Fort Vancouver, Washington Territory. By an Order of the War
Department, dated July 15, 1875, the boundaries of the reservation
were again defined and published in General Orders No. 22, Head-
quarters Department of the Columbia, October 12, 1875, giving the
area as first above set out, the reduction being the forty-six one him-
dredths of an acre set apart under an act of Congress approved
August 14, 1848, to the Roman Catholic Mission of St. James. The
action of the Secretary of War was confirmed by the President and
published in Executive Order dated January 15, 1878.
By deed, dated April 8, 1905 (recorded in Book 58, page 435,
records of deeds of Clarke County, Washington) , the Bishop of Nes-
qually (Edward J. O'Dea), as trustee of the Mission of Saint James,
released to the United States all claims of said Mission to the land
embraced within the reservation, etc. (See Act of March 3, 1905 —
Private Act No. 1275—33 Stat. L., Part 2, page 2006.)
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
Easement: Act of Congress, approved March 3, 1903, authorized
the Secretary of War to grant a right of way through the reservation
to the Portland, Vancouver and Yakima Railway Company. Loca-
tion approved by the Secretary of War, February 12, 1904. Change
in location authorized May 12, 1906.
Permission granted, July 19, 1909, to city of Vancouver under Sec.
6, Act of July 5, 1884 (23 Stat., 103), to widen roadway known as
" Reserve Street " on west side of reservation.
Revocable Licenses: License, under authority of Act of Congress,
approved January 19, 1877, to the Vancouver Water Company to lay
water pipes through the reservation.
License, May 14, 1891, to the Columbia Land and Improvement
Company to lay, maintain and use a line of underground water pipe
across the reservation.
License, July 8, 1902, to the Vancouver Water Works Company to
lay and maintain a 7-inch water main across the reservation.
License, dated April 5, 1906, to The Pacific States Telephone and
Telegraph Co. for telephone system.
License, October 10, 1906, to J. P. Ford and F. L. Purse for water
pipe line.
License, May 13, 1907, to Portland General Electric Company for
pole line on the reservation along Fifth Street Road.
License, May 13, 1907, to Northwestern Long Distance Telephone
Company for telephone line.
VANCOUVER POINT.
This reservation is situated in Jefferson County, in Townships 29
and 30 North, Range 2 West, on the west side of Port Discovery. It
was declared by Executive Order, dated September 22, 1866. This
WASHINGTON. 443
order reserved 640 acres if the title should be found to be in the
United States. Upon final designation by the War Department, the
area was reduced to 603 acres. It is possible that this latter area may
be still further reduced by excepting tracts found to have been dis-
posed of prior to the date of the above order.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
VASHON ISLAND.
This reservation contains 487.4 acres and is situated near the city
of Tacoma. A part of the public domain, it was reserved for mili-
tary purposes by Executive Order, dated June 9, 1868.
For jurisdiction see General Acts of Cession.
Lease, January 30, 1909, to Jas. Bachelor for five years from
February 5, 1909, of entire reservation.
WAADAH ISLAND.
This reservation contains an area of about 29 acres, and is situated
in Clallam County, on the east side of Nee-ah Harbor, near the en-
trance to the strait of Juan De Fuca ; was set apart from the public
domain and declared a reservation for military purposes by Execu-
tive Order dated June 9, 1868.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
License, December 3, 1906, to Life-Saving Service to occupy about
4 acres at southern end of the island.
FORT WALLA WALLA.
This reservation contains an area of 611.73 acres with metes and
bounds as announced in G. Q. 184, W. D., Dec. 6, 1904. It is situated
1 mile from Walla Walla, in Walla Walla County, in Township 7
North, Range 36 West. This reservation was declared by Executive
Order dated May 13, 1859. By an act of Congress approved Feb-
ruary 24, 1871, the Secretary of War was authorized to transfer the
reservation to the Secretary of the Interior for disposition. June
1, 1871, action in disposing of reservation was suspended upon request
of the Secretary of War, owing to mistake in the act passed Feb-
ruary 24, 1871. The Secretary of War, by an order dated July 16,
1872, in accordance with the act of Congress approved February 24,
1871, as amended by acts approved April 29, June 5, and June 8,
1872, transferred the reservation to the Interior Department. The
Interior Department having turned over the reservation of Fort
Walla Walla to the War Department, it was again announced as a
reservation for military purposes by General Orders No. 24, Head-
quarters Department of the Columbia, August 25, 1873. October
26, 1875, the whole of the timber and part of the hay reservation was
by the Secretary of War relinquished to the Interior Department.
May 3, 1880, the remainder of the hay reservation was relin-
quished, and also 26.35 acres of the military reservation, leaving the
area as first above stated.
444 UNITED STATES MILITARY RESERVATIONS, ETC.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act of the State Legislature, approved
February 24, 1891, under title of " General Acts of Cession."
e Easements: Act of Congress, approved July 3, 1876, granted a
right of way 100 feet in width through the reservation to the Walla
Walla and Columbia River Railroad Company (now Oregon Rail-
road and Navigation Company). Location approved by the Secre-
tary of War, February 28, 1882.
Permission, November 5, 1904, under section 6, Act of Congress,
approved July 5, 1884 (23 Stat. L., 103), to Board of Commissioners,
Walla Walla County, to maintain a county road across the northern
part of reservation.
Permission, April 26, 1905, under same statute, to same grantee for
county road on the southern edge of reservation.
Revocable Licenses: License, April 28, 1900, to the Blalock Fruit
Company to lay a vitrified clay pipe across the northwesterly corner
of the reservation.
License, November 23, 1905, to Mr. R. Harras for sewer outlet
from Government sewer, and to pipe the sewage therefrom to his
land.
License, April 4, 1906, to the Pacific States Telephone and Tele-
graph Company for telephone system.
FORT WARD.
This reservation contains 320.33 acres, and is situated at Bean
Point on the right side of Rich's Passage, a small bay of about 1
mile in width near Port Orchard, in Kitsap County.
For title and jurisdiction see " Lands in Kitsap County."
WASHINGTON HARBOR.
(East side of.)
This reservation is situated in Clallam County, in Township 30
North, Range 3 West, on the east side of the entrance to Washing-
ton Harbor. It was declared by Executive Order dated September
22, 1866. The order reserved 640 acres if the title should be found
to be in the United States. Upon final designation by the War
Department the area was reduced to 424 acres, excluding lands em-
braced in donation claim of George H. Gfcrrish, per Executive Order
of January 9, 1893.
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
WASHINGTON HARBOR.
(West side of.)
This reservation is situated in Clallam County, in Township 30
North, Range 3 West, on the west side of the entrance to Washing-
ton Harbor. It was declared by Executive Order dated September
22, 1886. The order reserved 640 acres if the title should be found
WASHINGTON. 445
to be in the United States. Upon final designation by the War De-
partment the area was reduced to 614 acres. The present area ap-
pears to be about 475 acres.
For jurisdiction see Section 1, Article 25, of the Constitution of
the State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
Lease: The above tract was leased for 5 years, from June 9, 1909,
to H. J. Bugge.
WHIDBEYS ISLAND.
•(North point of.)
This reservation is situated in Island County, in Township 34
North, Ranges 1 and 2 East, it being the most northerly point of the
Island. It was declared by Executive Order dated September 22,
1866. The order reserved 640 acres if the title should be found to be
in the United States. Upon final designation by the War Depart-
ment the area was reduced to 606 acres. It is possible that this latter
area may be still further reduced by excepting tracts found to have
been disposed of prior to the date of the above order.
For jurisdiction see Section 1, Article 25, of the Constitution of the
State of Washington, and act of the State Legislature, approved
February 24, 1891, under title " General Acts of Cession."
FORT WHITMAN.
This reservation comprises all of Goat Island (lots 1 and 2 of
Section 10, and lots 1 and 2 of Section 11, Township 33 North, Range
2 East, Willamette Meridian), and is situated in Skagit County.
Area about 129.40 acres. The entire area was acquired by deed from
Henrietta M. Haller (widow) , dated February 21, 1908. Recorded in
Vol. 73, page 207, of the Deed Records of Skagit County.
For jurisdiction, see General Act of Cession, the proviso of which
was complied with on Sept. 11, 1908.
FORT WORDEN.
This reservation, originally called Point Wilson, contains an area
of 494.19 acres, and is situated in Jefferson County, at Port Town-
send.
A tract of 640 acres was reserved by Executive Order of September
22, 1866, but the greater part was covered by private claims. The
title to the lands acquired by purchase is as follows :
1. Deed from Francis W. James, dated April 14, 1897, conveying
a tract of 2.06 acres in fractional Section 35, Township 31 North,
Range 1 West. Recorded in Vol. 36, page 265, of the deed records
in Jefferson County.
2. Deed from Samuel B. Harned, dated May 6, 1897, conveying
Lot 3 of Section 35, Township 31 North, Range 1 West, containing
1.38 acres. Recorded in Vol. 36, page 263, of same records.
3. Deed from T. B. Wilcox and wife, dated June 5, 1897, convey-
ing 3.60 acres in Lot 3 of fractional Section 35, Township 31 North,
Range 1 West. Recorded in Vol. 36, page 264, of same records.
446 UNITED STATES MILITARY RESERVATIONS, ETC.
4. Deed from Louisa Stall, dated1 April 17, 1897, conveying Block
52 of the San Juan de Fuca addition to the City of Port Townsend.
Eecorded in Vol. 36, page 267, of same records.
5. Deed from Mary Thompson and husband, et al., dated June 14,
1897, conveying Block 42 in same addition, etc. Kecorded in Vol.
47, page 295, of same records.
6. Deed from Walter C. Smith and wife, dated June 17, 1897,
conveying Blocks 32 and 34 of same addition, etc. Recorded in Vol.
47, page 293, of same records.
7. Deed from the Starrett Estate Company, dated May 8, 1897,
conveying Block 54, of same addition, etc. Eecorded in Vol. 47,
pages 366-367, of same records.
8. Deed from Mary J. Tucker and husband, dated June 16, 1897,
conveying 6.05 acres. Recorded in Book 48, page 13, of same records.
9. Deed from the State of Washington, dated April 4, 1898, con-
veying certain tide lands. Recorded in Book 48, page 16, of same
records.
10. Decree of condemnation for certain acreage and tide lands in
cause No. 1169, entitled the " United States v. Charles Eisenbeis et
al.," in the United States District Court, for the District of Wash-
ington, Northern Division. Rendered April 7, 1898 and filed in the
Clerk's Office of said Court, June 28, 1898.
11. Decree of condemnation in a cause entitled the " United States
v. Helen M. Freeman et al.," in the United States District Court, for
the District of Washington, Northern Division. Rendered January
30, 1902, and filed the same day in the Clerk's Office of said Court.
For jurisdiction see Acts of the State Legislature approved Janu-
ary 23, 1890, and February 24, 1891, under the title " General Acts
of Cession."
12. The following deeds convey title to sites to secondary and sup-
plemental fire-control stations for Fort Worden:
a. Deed from James Simms, et ux., dated January 14, 1907, con-
veying two tracts aggregating 5.148 acres. Recorded in Vol. 61,
page 235, of same records.
b. Deed from William L. Clark, et ux., dated January 22, 1907,
conveying Lots 1, 2, 3, and 4 of Block 2, of Drummond's Addition to
the City of Port Townsend. Recorded in Vol. 58, page 362, of same
records.
c. Deed from Gertrude Willison, dated January 16, 1907, conveying
Lot 5 of said Block. Recorded in Vol. 62, page 113, of same records.
d. Quitclaim deed from A. H. Wanamaker, et ux., dated April 5,
1907, conveying all of said Block 2. Recorded in Vol. 58, page 366,
of same records.
13. Authority given to the United States to construct, maintain
and operate underground electric wires upon certain public streets
in the city of Port Townsend, July 17, 1907.
Revocable licenses:
License, July 10, 1909, to Sunset Telephone and Telegraph Com-
pany for telephone line.
License, September 15, 1908, to Independent Telephone Company
for telephone line.
License, October 3, 1908, to Pacific Telephone Company for tele-
phone line.
WISCONSIN. 447
WEST VIRGINIA.
GENERAL ACT OF CESSION.
" 4. In pursuance of the seventeenth clause of the eighth section of
the first article of the constitution of the United States, the consent
of the Legislature of West Virginia is hereby given to the purchase
or condemnation, whether heretofore or hereafter made or had by the
government of the United States^ or under its authority, of any tract
or parcel of land within the limits of the State, for the purpose of
erecting thereon light-houses, beacons, signal stations, post offices,
custom houses, court houses, locks, dams, and works for the improve-
ment of the navigation of any water course, ajid other needful build-
ings or structures. The evidences of title to such land shall be re-
corded as in other cases. But the quantity of land to be so acquired
shall not exceed twenty-five acres in any one place.
" 5. The State of West Virginia reserves the right to execute proc-
ess, civil or criminal, within the limits of any lot or parcel of land so
acquired by the United States as aforesaid." (Chapter 20, Acts of
1881. Code of West Va., 1906, sees. 4 and 5.)
GRAFTON NATIONAL CEMETERY.
This reservation contains an area of 3.40 acres and is situated at
Graf ton, in Taylor County. The title is as follows:
1. Decree of Condemnation for the above property in Ex parte
Jedediah W. Yates et al. in the District Court of the United States
for the District of West Virginia. Rendered March 30, 1871, and
filed with the record in said cause in the Clerk's Office of said Court
at Clarksburg.
2. Deed from William D. Mackin and wife, et al., dated October
26, 1874, conveying above property. Recorded in Liber 12, folio 323,
etc., of the deed records of Taylor County.
3. Deed from William D. Mackin and wife, et al., dated June 21,
1878, conveying a strip of land around the cemetery containing 6,994
square feet of ground. Recorded in Book 14, page 187, etc., of same
records.
For jurisdiction see General Act of Cession.
WISCONSIN.
GENERAL ACT OF CESSION.
" SECTION 2. The consent of the legislature is hereby given to the
purchase by the United States of any place or places within the state,
for the erection of forts, magazines, arsenals, dockyards, or other
needful buildings, under authority of any act of the Congress, upon
condition precedent thereto, that application therefor, setting forth
an exact description of the place so purchased, shall be made by an
authorized officer of the United States to the governor, accompanied
by a plat of such place, and proof that all conveyances necessary to
the unincumbered title of the United States have been recorded in
the office of the register of deeds of each county in which such place
448 UNITED STATES MILITAKY KESERVATfONS,, ETC.
may be situated, and that the governor shall execute to the United
States, in duplicate, under the great seal, a certificate of such consent
and compliance with these provisions, which he shall in such case
give, one of which to be delivered to such officer of the United States,
and one filed with the secretary of state; and upon the further con-
dition that the state shall forever retain concurrent jurisdiction over
every such place to the extent that all legal and military process
issued under the authority of the state may be executed anywhere on
such place or in any building thereon, or any part thereof, and that
any offense against the laws of the state, committed on such place,
may be tried and punished by any competent court or magistrate of
the state, to the same extent as if such place had not been purchased
by the United States, flie certificate of the governor shall be suffi-
cient evidence of the consent of the legislature to such purchase upon
the conditions aforesaid.
# * * * * * *
"SEC. 4. The state shall have concurrent jurisdiction over every
place within its limits heretofore ceded to the United States, to the
extent mentioned in section two respecting the execution of process
and the punishment of crime, until the Congress shall exercise exclu-
sive legislation over any such, which shall have been ceded without
reservation." (Wisconsin Statutes, 1898, pp. 136, 138.)
FOREST HILL CEMETERY.
(Soldiers' lot.)
This reservation includes a certain burial lot known as the " Sol-
diers' Rest," in Section 29, in the " Forest Hill Cemetery," of the City
of Madison, in Dane County, and an addition thereto acquired in
1908. The title is as follows:
1. Deed from the City of Madison, dated June 18, 1866, conveying
the above property. Recorded in Vol. 1, page 286, of the deed
records of the Forest Hill Cemetery at Madison.
2. Deed from the City of Madison, dated March 20, 1908, covering
a strip of land 20 feet wide adjoining the burial lot, previously con-
veyed, on the south. Recorded in Vol. 194 of Deeds, page 556, Office
Register of Deeds, Dane County, Wisconsin.
FOREST HOME CEMETERY.
(Soldiers' lot)
This reservation comprises Lots numbered 5, 6, 7 and 8, in Block
No. 5, of Section No. 24, in " Forest Home Cemetery," near the City
of Milwaukee, and is situated in the Town of Lakel, fronting on the
Plank Road leading from Milwaukee to Janesville, in Milwaukee
County. The title is as follows :
Deed from The Rector, Wardens, and Vestrymen of St. Paul's
Church in the City of Milwaukee, dated November 11, 1872, convey-
ing the above property. Recorded in Vol. 129, page 121, etc., of the
deed records of Milwaukee County.
WISCONSIN. 449
FORT CRAWFORD MILITARY CEMETERY.
This cemetery is located in Block 13 of the Fort Crawford Mili-
tary Tract in Prairie du Chien, Crawford County, Wisconsin. The
title is as follows:
1. Deed from Catharine Lawler, dated December 31, 1904, con-
veying portions of Lots 7 and 8 of said block. Recorded in Vol. 74
of Deeds, page 157, in the Register's Office, Crawford County.
2. Deed from Theodore Martner and wife, dated January 4, 1905,
conveying portions of lots 3 and 8 of said block. Recorded in same
office, vol. 73 of Deeds, page 495.
Jurisdiction ceded over " suitable approach " by State act of June
19, 1905, providing as follows :
" SECTION 1. The consent of the state of Wisconsin is hereby given
to the purchase, by the United States, of any tract or tracts of
land in the city of Prairie du Chien, Crawford County, Wisconsin,
for use as a suitable approach to the Fort Crawford Military Ceme-
tery at Prairie du Chien under the provisions of an act of congress,
approved March 3, 1905, and the state hereby cedes to the United
States exclusive jurisdiction over such tract or tracts of land as
shall be purchased for the purposes aforesaid, so long as the same
shall remain the property of the United States, for all purposes
except the service of civil or criminal process therein.
" SEC. 2. The lands aforesaid, when so purchased, shall hereafter
be exempt from all taxes and assessments levied or imposed under
authority of the state, so long as the same shall remain the property
of the United States." (Chapter 440, Laws of 1905.)
MOUND CEMETERY.
(Soldiers' lot.)
This reservation comprises Lots 1, 5 and 6, in Block No. 18, in the
" Mound Cemetery," near the City of Racine, in the County of Ra-
cine. The title is as follows :
Deed from the City of Racine, dated May 22, 1868, conveying the
above property. Recorded in Book 55, page 245, of the deed records
of Racine County.
PROTESTANT CEMETERY.
(Soldiers' lot.)
This reservation embraces a lot known as Block No. 62, in Prairie
du Chien Land Company (addition) No. 1, at Prairie du Chien, in
Crawford County. The title is as follows:
Deed from John S. Lockwood, Proprietor, dated June 18, 1866,
conveying the above property. Recorded in Book 21, page 427, of
the deed records of Crawford County.
SPARTA TARGET RANGE.
This reservation comprises an area of about 9,460 acres, exclusive
of the right of way of the Chicago, Milwaukee and St. Paul Rail-
road, reserved and acquired for a target range under Act of Con-
16809—10 29
450 UNITED STATES MILITARY RESERVATIONS, ETC.
gress aproved May 27, 1908, as amended by Act of March 4, 1909.
It is situated near Sparta, in Monroe County. The title is as follows :
1. By Executive Order of May 21, 1909 (G. O. No. 112, W. D.,
June 8, 1909), several tracts of public land, within the limits of the
target range, were reserved for military purposes, aggregating 480
acres. Deeds from Chas. A. Heintz, Casper E. Shaw, and George
Crocker, respectively, relinquishing their homestead entries to por-
tions of the premises, filed in the General Land Office, and such
entries cancelled.
2. Deed from Robert B. McCoy, et ux., dated June 15, 1908, con-
veying 518 acres. Recorded in Vol. 101 of Deeds, page 33, in the
Office of the Register of Deeds, Monroe County.
3. Deed from same parties, dated June 15, 1908, conveying 554
acres. Recorded in Vol. 101, page 34, of same records.
4. Quitclaim deed of Clarence T. Thorbus, et ux., dated July 6,
1908, to a small part of the same premises. Recorded in Vol. 96,
page 183, of same records.
5. Decree of United States Circuit Court, June 25, 1909 ; and deed
of Robert B. McCoy, et ux., dated April 13, 1909, conveying premises
covered by decree; area 1837.04 acres. Deed recorded in Vol. 101,
page 355, of same records.
6. Decree of United States Circuit Court, May 11, 1909, covering
6,034.65 acres; and the following deeds which convey all but 40
acres of the premises covered by said decree :
(a) Robert B. McCoy, et ux., July 27, 1908, conveying 771.47
acres. Recorded in vol. 101, page 289, of same records.
(b) Same parties, July 27, 1908, conveying 961.91 acres. Recorded
in vol. 101, page 290, of same records.
(c) Same parties, October 23, 1908, conveying 2.8 acres in Sec. 4,
Tp. 17, R. 3., for road. Recorded in vol. 101, page 291, of same
records.
(d) Same parties, October 26, 1908, conveying 284.65 acres. Re-
corded in vol. 101, page 292, of same records.
(e). Same parties, July 31, 1908, conveying 712.65 acres. Re-
corded in vol. 101, page 293, of same records.
(/) Same parties, July 28, 1908, conveying 293 acres. Recorded
in vol. 101, page 294, of same records.
(ff) Same parties, July 29, 1908, conveying 892.34 acres. Re-
corded in vol. 101, page 295, of same records.
(h) Same parties, July 29, 1908, conveying 160 acres. Recorded
in vol. 101, page 296, of same records.
(i) Same parties, October 21, 1908, conveying 1,080.48 acres. Re-
corded in vol. 101, page 297, of same records.
(j) Same parties, October 21, 1908, conveying 75.35 acres. Re-
corded in vol. 101, page 298, of same records.
(k) Same parties, October 13, 1908, conveying 240 acres. Re-
corded in vol. 101, page 299, of same records.
(I) Same parties, August 11, 1908, conveying 200 acres. Recorded
in vol. 101, page 300, of same records.
(m) Same parties, July 28, 1908, conveying 320 acres. Recorded
in vol. 101, page 301, of same records.
7. Quitclaim deed from the Chicago, Milwaukee and St. Paul
Railway Company, dated July 21, 1909, conveying 36 acres. Re-
corded in Vol. 88, page 480, of same records.
WYOMING. 451
ST. LOUIS RIVER MILITARY RESERVATION.
This reservation, situated in Douglas County at the mouth of the
St. Louis River, on Lake Superior, as originally declared by Execu-
tive Order dated March 13, 1851, included fractional Sections 20, 27,
28 and 29, of Township 49 North, Range 13 West, of the Fourth
Principal Meridian. It was at that date supposed to be unappropri-
ated public land. Upon the recommendation of the War Department
the President, by an order dated January 11, 1855, canceled the order
of March 13, 1854, as to fractional Sections 27 and 29, leaving the
reservation to consist of fractional sections 20 and 28. This was still
further reduced by a decision of the Secretary of the Interior, dated
September 21, 1893, in the case of the United States yy. Joseph A.
Bullen (involving a portion of said reservation), wherein the Honor-
able Secretary decided in favor of said Bullen, awarding him Lots 1
and 2 of fractional Section 28. The reservation as now held by the
United States embraces fractional Section 20 and whatever is left of
fractional section 28 after eliminating Lots 1 and 2.
WYOMING.
GENERAL ACT OF CESSION.
" SECTION 1. That exclusive jurisdiction be, and the same is, hereby
ceded to the United States over and within all the territory owned
by the United States, included within the limits of the United States
military reservations known as Fort D. A. Russell, Fort McKinney
nnd Fort Washakie, Camp Sheridan, and Camp Pilot Butte, and the
United States Po\vder Depot at Cheyenne, together with such other
lands in the State as may be now or hereafter acquired or held by
the United States for military purposes, either as additions to the
posts above named, or as new military posts or reservations, which
may be established for the common defence, saving, however, to the
said State, the right to serve civil or criminal process within the lim-
its of the aforesaid forts, camps and depot, in suits or prosecutions
for, or on account of rights acquired, obligations incurred or crimes
committed in said State, but outside of said cession and reservation,
and saving further to said State the right to tax persons and corpo-
rations, their franchises and property, on said lands hereby ceded."
(Approved February 17, 1893. Laws of Wyoming, 1893, p. 43.
See, also, Revised Statutes of Wyoming, 1899, sees. 2657-2661.)
FORT D. A. RUSSELL.
This reservation adjoins the city of Cheyenne, in Laramie County,
and contained on January 1, 1909 (exclusive of the Wood Reserve,
which is included in the 'Fort D. A. Russell Target and Maneuver
Reservation), an area of about 4352 acres, \vith metes and bounds as
announced in G. O. No. 22, W. D., January 30, 1907.
By Executive Order, dated June 28, 1869, a reservation of 4512
acres was set apart for military purposes, but this area was reduced
May 23, 1898, to the area given above, by the transfer to the State of
Wyoming of 160 acres for the use of the State Agricultural and In-
452 UNITED STATES MILITARY RESERVATIONS, ETC.
dustrial Exposition, under authority of Act of Congress, approved
March 2, 1895.
By Act of Congress, approved March 3, 1909 (35 Stat. L., 747),
the purchase of about 1400 acres, adjoining the reservation, for the
extension of the Target Hange, was authorized; and by Executive
Order of August 27, 1909 (G. O. 195, W. D., Sept. 27, 1909), a tract
of about 40 acres was reserved for same purpose.
Title to lands owned by private parties, comprised within the pro-
posed addition, has been acquired as follows :
1. Decree of United States Circuit Court, in cause No. 446, U. S.
vs. B. F. Blocklinger, entered December 3, 1909, covering 549.70 acres.
Recorded in Book , page , of the records of Laramie County.
2. Two other parcels within the authorized addition are being pur-'
chased; one from R. A. Proctor (area 782.37 acres), and the other
from Eliza Talbot (area about 5 acres), making the aggregate area of
the authorized addition 1,377.07 acres.
The title to a right of way for conduit, etc., appears below7 :
1. Deed from Claus Sievers, dated June 20, 1903, conveying 0.854
acre, right of way for conduit. Recorded in Book 105, page 581, of
the records of Laramie County.
2. Decree of Condemnation for 0.2G1 acre, for right of way for
conduit, in a cause entitled " The United States v. Frank Ketcham
and wife," in the Circuit Court of the United States, for the Eighth
Judicial Circuit, District of Wyoming. Rendered July 25, 1903, and
recorded in Book 88, page 482, of same records.
3. Ordinance granting permission to the United States to construct
and maintain a sewer along and through certain streets within the
city of Cheyenne; approved by the Mayor August 4, 1909, and ac-
cepted by the Secretary of War September 2, 1909.
For jurisdiction see " General Act of Cession."
Easements: Pursuant to Act of Congress, approved June 30, 1886,
the Secretary of War, August 20, 1886, approved the selection of a
right of wTay 12 feet wide within the garrison and 100 feet wide be-
yond it, by the Cheyenne and Northern Railway Company.
Pursuant to Act of Congress, approved February 25, 1889 (25 Stat.
L., 691), the Secretary of War by instrument dated August 26, 1908,
as amended November 2, 1908, approved the location of the right of
way for the street railway to be constructed by the Cheyenne Street
Railway Company.
Revocable Licenses: License, August 27, 1886, to the Board of
County Commissioners of Laramie County to enter the reservation to
maintain, repair and keep in good order the county wagon road com-
monly called the " Happy Jack " road, and to all persons to travel
on said road across the reservation.
License, August 4, 1888, to 'Board of County Commissioners of
Laramie County to construct a road 80 feet wide upon and along the
east side of the reservation.
License, May 5, 1900, to Troop "A," Wyoming National Guard to
use for pasturage purposes that portion of the reservation known as
" Old Camp Carlin Pasturage."
License, March 23, 1905, to Rocky Mountain Bell Telephone Com-
pany to maintain and operate its telephone line.
License, March 23, 1905, to Postal Telegraph Cable Company, for
line on poles of Rocky Mountain Bell Telephone Company.
WYOMING. 453
License, March 11, 1909, to the Colorado and Southern Railway
Company to construct and maintain a building for railroad station
and residence of agent.
FORT D. A. RUSSEEL TARGET AND MANEUVER RESERVATION.
This reservation comprises an area of about 36,320 acres, and is
situated in Albany County, 30 miles west of Cheyenne. It includes
the Wood Reserve of 2,540.04 acres, set apart for military purposes
by Executive Orders dated February 4, 1879, and February 25, 1880 ;
and certain tracts of public land, originally set apart as a Forest
Reserve by Executive Order dated October 10, 1900, and which were
transferred to the War Department by Executive Order dated Octo-
ber 9, 1903 (G. O. 40, W. D., October 23, 1903), for military pur-
poses, with the understanding that the use of the lands for such
purposes shall not interfere with the objects for which the Forest
Reserve was established. The order so transferring the lands was
amended by Executive Order of May 28, 1909 (G. O. 114, W. D.,
June 11, 1909), so as to exclude about 320 acres covered by entries
of private parties; and by letter dated March 23, 1908, a tract of 160
acres, located within the reserve, was transferred to the Department
of Agriculture for administrative purposes — leaving the area as
above stated.
By Act of Congress approved March 13, 1908 (35 Stat, L., 42),
provision is made for the acquisition of private holdings within the
reservation by the exchange of other public lands therefor.
For jurisdiction see General Act of Cession.
FORT MACKENZIE.
/
This reservation is situated near the city of Sheridan, in Sheridan
County, and contains, approximately, 6,280 acres, as announced in
<i. O.,'No. 8T, W. D., May 8, 1906. By Executive Orders dated No-
vember 2, and December 13, 1898, two tracts of land were set apart
for military purposes. By Acts of the State Legislature, approved
February 16, 1899, and February 13, 1901, additional tracts, aggre-
gating 760 acres, and jurisdiction thereover were ceded to the United
States — the latter act reserving " all rights appertaining to any irri-
gation ditch or ditches crossing" the lands granted thereby. Both
acts cede jurisdiction in the following terms:
" That exclusive jurisdiction be, and the same is hereby, ceded to
the United States of America, over and within the aforesaid de-
scribed territory, saving, however, to this state the right to serve civil
and criminal process within said territory in suits or prosecutions for,
or on account of rights acquired, obligations incurred or crimes com-
mitted in said state, but outside of said cession ; and saving further
to the said state the right to tax persons and corporations, their fran-
chises and property in said territory herein ceded."
XLaws of Wyoming, 1899, Chapter 24, page 53; and idem, 1901,
Chapter 30, page 29.)
For jurisdiction over the tracts reserved, see General Act of
Cession.
454 UNITED STATES MILITARY RESERVATIONS, ETC.
The right of way for a pipe line, and sewer privileges were granted
by the following deeds:
1. Deed from William Clubb, dated September 9, 1901, conveying
0.44 acre, for right of way for pipe line. Recorded in Book J, page
523, of the deed records of Sheridan County.
2. Deed from Charles H. Reynolds, dated September 11, 1901, con-
veying 0.44 acre, for right of way for pipe line. Recorded in Book J,
page 525, of same records.
3. Deed from Clement L. Spraclen, dated October 22, 1901, con-
veying 0.48 acre, for right of way for pipe line. Recorded in Book J,
page 526, of same records.
4. Deed from Annie Loucks, dated October 22, 1901, conveying
0.34 acre, for right of way for pipe line. Recorded in Book J, page
524, of same records.
5. Agreement between Charles X. Dietz and the United States, con-
cerning the location of sewer. ' Agreement dated April 1G, 1902, and
recorded in Book D, page 595, etc., of same records.
6; Deed from Charles N. Dietz, dated April 24, 1902, conveying a
parcel of land 2,500 feet long and 10 feet wide, for right of way for
pipe line. Recorded in Book J, page GOG, of same records.
7. Agreement between Thomas L. Kimball and the United States,
concerning the location of sewer. Agreement dated April 2G, 1902,
and recorded in Book D, page 597, etc., of same records.
8. Ordinance from the town of Sheridan? dated November 2, 1903,
granting the right to use certain amounts of water from Goose Creek.
9. Deed from Stella R. Crew, dated February 3, 1904, conveying
right of way for pipe line. Recorded in Book N, page 460, of same
records.
10. Deed from Samuel and Jennie Culberson, dated February 4,
1904, conveying right of way for pipe line. Recorded in Book N,
page 452, of same records.
11. Deed from William and Catherine Timm, dated February 4,
1904, conveying right of way for pipe line. Recorded in Book — ,
page 461, of same records.
12. Deed from Levi and Louisa Beans, dated February 4, 1904, con-
veying right of way for pipe line. Recorded in Book N, pages 455
and 456, of same records.
13. Deed from C. P. and J. O. Ewoldsen, dated February 4, 1904,
conveying right of way for pipe line. Recorded in Book N, page
458, of same records.
14. Deed from F. E. Loch and C. O. Reed, dated February 4, 1904,
conveying right of way for pipe line. Recorded in Book N, page
462, of same records.
15. Deed from Henry A. Coffeen, dated February 13, 1904, convey-
ing right of way for pipe line. Recorded in Book N, page 444 and
445, of same records.
16. Deed from B. F. and Rose H. Perkins, dated February 15,
1904, conveying right' of way for pipe line. Recorded in Book N,
page 467, of same records.
17. Deed from Henry A. Coffeen, dated February 17, 1904, convey-
ing right of way for pipe line. Recorded in Book N, pages 445 and
446, of same records.
WYOMING. 455
18. Deed from E. N. Secor, dated February 27, 1904, conveying
right of way for pipe line. Recorded in Book N, page 453 and 454,
of same records.
19. Deed from E. N. Secor, dated February 27, 1904, conveying a
right of way for pipe line. Recorded in Book N, page 459, of same
records.
20. Deed from J. Dana Adams, dated February 27, 1904, conveying
a right of way for pipe line. Recorded in Book N, page 466, of same
records.
21. Deed from L. E. and Nannie M. Harris, dated February 29,
1904, conveying a right of way for pipe line. Recorded in Book N,
page 446 and 447, of same records.
22. Deed from Philip and Margaret Kane, dated February 27,
1904, conveying a right of way for pipe line. Recorded in Book N,
page 447 and 448, of same records.
23. Deed from J. S. and Elizabeth T. Snodgrass, dated February
29, 1904, conveying right of way for pipe line. Recorded in Book N,
page 449, of same records.
24. Deed from Philip and Margaret Kane, dated February 27,
1904, conveying right of way for pipe line. Recorded in Book N,
page 450 and 451, of same records.
25. Deed from Melchi I. and Mattie E. Snively, dated February 29,
1904, conveying right of way for pipe line. Recorded in Book N,
page 452 and 453, of same records.
26. Deed from W. and Atha Thompson, dated February 29, 1904,
conveying right of way for pipe line. Recorded in Book N, page 454
and 455, of same records.
27. Deed from William and Catherine Timm, dated February 29,
1904, conveying right of way for pipe line. Recorded in Book N-
page 456 and 457, of same records.
28. Deed from George W. and Hannah E. Garrett, dated February
29, 1904, conveying right of way for pipe line. Recorded in Book N,
page 463, of same records.
29. Deed from John and Clementine Zingg, dated February 29,
1904, conveying right of way for pipe line. Recorded in Book N,
page 472, of same records.
30. Deed from C. L. and Nellie Spracklen, dated February 27, 1904,
conveying right of way for pipe line. Recorded in Book N, page 474
and 475, of same records.
31. Deed from Thirza A. Darling, dated March 1, 1904, conveying
right of way for pipe line. Recorded in Book N, page 473 and 474,
of same records.
32. Deed from the State of Wyoming, dated March 8, 1904, con-
veying right of way for pipe line. Recorded in Book N, page 470
and 472, of same records.
33. Deed from S. N. Hardee, dated April 2, 1904, conveying right
of way for pipe line. Recorded in Book N, page 469, of same rec-
ords.
34. Deed from Peter Nelson, dated April 20, 1904, conveying right
of way for pipe line. Recorded in Book N, page 465, of same rec-
ords.
456
35. Deed from C. B. Burrows, dated April 22, 1904, conveying
right of way for pipe line. Recorded in Book N, page 464, of same
records.
36. Deed from Jane M. Ferguson, dated April 21, 1904, conveying
right of way for pipe line. Recorded in Book N, page 468, of same
records.
37. Deed from Mary J. Alger, et al., dated October 1, 1907, con-
veying right of way for pipe line. Recorded in Book P, page 587,
of same records.
38. Deed from Alf. Diefenderfer, dated November 1, 1907, con-
veying same. Recorded in Book P, page 586, of same records.
39. Deed from Walter A. Granger, et al., dated November 13,
1907, conveying same. Recorded in Book P, page 587, of same
records.
For jurisdiction see General Act of Cession.
Easement: A county road, in existence before the establishing of
the reservation, crosses the same from east to west.
Revocable Licenses: License, September 4, 1900, to The Burling-
ton and Missouri River Railroad in Nebraska to lay and maintain a
track to the storehouses on the reservation.
License, January 5, 1905, to Town of Sheridan for 8-inch water
pipe connecting its water supply with 8-inch overflow from Govern-
ment reservation, and to use surplus water.
License, July 16, 1906, to Alliance Lateral Ditch Company to
enlarge, operate, and maintain irrigating ditch across reservoir sites.
License, January 17, 1907, to the Rocky Mountain Bell Telephone
Company for telephone line.
MONUMENT SITE.
This reservation contains 0.75 acre, and is situated in Sheridan
County. The State, by an Act, approved February 19, 1903, ceded
the above tract to the United States, with jurisdiction thereover, to
be used as a site for the erection of a monument to the memory of
the soldiers who fought in the Fort Phil Kearney massacre. (Laws
of Wyoming, 1903, p. 50.)
FORT FRED. STEELE.
( Cemetery. )
This reservation was formally turned over to the Interior Depart-
ment, with the request that the Cemetery (containing about seventy
bodies of soldiers) be reserved from sale until disposition can be
made of the remains by removing them to a National Cemetery.
(See War Department Circular dated August 12, 1886. See, also,
Order of the Secretary of War dated November 19, 1886.) The
Cemetery is situated in Carbon County, near the site of the post.
FORT YELLOWSTONE.
This reservation, formerly Camp Sheridan, contains an area of
43.38 acres, including the 5.5 acres set apart for Hospital site with
WYOMING. 457
metes and bounds as given in G. O. No. 238, War Department, No-
vember 30, 1909. It is situated on Beaver Creek, 8 miles from Cinna-
bar, a station on Yellowstone Park line of Northern Pacific Railroad,
within the limits of the Yellowstone National Park. The reservation
was set aside by the Secretary of the Interior for use of the military
authorities under dates of February 27, 1891, May 11, 1893, October
18, 1897, and November 1, 1909 ; the last assignment being by way of
modification of prior assignments.
Exclusive jurisdiction in the United States was reserved by Con-
gress in establishing the Yellowstone National Park. (For act of the
Stale of Wyoming ceding, jurisdiction to the United States see Fort
D. A. Russell.)
APPENDIX,
EMINENT DOMAIN.
Right in the State. — The right to take property, for public uses, is
inherent in government. The State possesses this right as one of the
rights of sovereignty. (Gilmore v. Lime Point, 18 CaL, 229.)
A " fort " is an object of " public use," and a State may, for its own
purposes, condemn land for a fort, or may authorize the land to be
condemned for such purposes, for and on behalf of the general govern-
ment. ( Ibid. )
Assuming that the federal government has the power to condemn
private land within a State for the purposes of a " fort," still that
power is not exclusive of the power of the State. (Ibid.)
But it seems to be now well settled that the exercise of this right
for national purposes is not among the ends contemplated in the cre-
ation of State governments. (See Trombley v. Humphrey, 23 Mich.,
471.)
The right of eminent domain is inherent in the State and not con-
ferred by the Constitution, and may be delegated by the legislature to
anv corporation or individual who shall comply with the terms upon
which the right is given. (Moran v. Ross, 79 Cal., 159. See also
23 Mich., 471. supra.)
flow far power of State restricted. — The right of eminent domain
over the shores and the soil under the navigable waters, for all munic-
ipal purposes, belongs exclusively to the States within their respec-
tive territorial jurisdictions, and they, and they only, have the con-
stitutional power to exercise it. * * * But in the hands of the
State this power can never be used so as to affect the exercise of any
National right of eminent domain or jurisdiction with which the
United States have been invested by the Constitution. (Ib.)
Power of the Federal Government. — In the new Territories, where
the government of the United States exercises sovereign authority,
it possesses as incident thereto, the right of eminent domain, which
it may exercise directly or through the territorial government; but
this right passes from the nation to the newly formed State whenever
the latter is admitted into the Union. So far, however, as the gen-
eral government may deem it important to appropriate lands or other
property for its own purposes, and to enable it to perform its func-
tions— as must sometimes be necessary in the case of forts, light-
houses, military posts or roads, and other conveniences and necessities
of government — the general government may still exercise the author-
ity, as well within the States as within the territory, under its exclu-
sive jurisdiction, and its right to do so may be supported by the same
reasons which support the right in any case ; that is to say, the abso-
lute necessity that the means in the government for performing its
459
460 UNITED STATES MILITARY RESERVATIONS, ETC.
functions and perpetuating its existence should not be liable to be
controlled or defeated by the want of consent of private parties, or
of any other authority. (Cooley on Constitutional Limitations, 645.)
Property already devoted to public use in a local community (not a
State] may be taken. — The power of appropriating private property
to public purposes is an incident of sovereignty. And it may be,
that by the exercise of this power, under extraordinary emergencies,
property which had been dedicated to public use, but the enjoyment
of which was principally limited to a local community (not a State),
might be taken for higher and national purposes, and disposed of on
the same principles which subject private property to be taken. In
a government of limited and specified powers, like ours, such a power
can be exercised only in the mode provided by law. (New Orleans v.
The United States, 10 Peters, p. 723.)
State jurisdiction. — It is in the power of either of the States to take
land of its citizens for public use by special act and without interven-
tion of jury, but on payment of reasonable indemnity ascertained by
commissioners. A public use of the United States is a public use of
each of the States of the Union. Consent of a State to the purchase
of land within it conveys, in general, jurisdiction to the United
States; Imt not wrhen all jurisdiction is expressly reserved by the
State, (Vol. 8, p. 30, Opinions Attorneys-General. Seabrook's
Island Case. See Trombley v. Homphrey, 23 Mich., 471, and au-
thorities cited per contra as to proposition first above stated.)
How far right may be exercised by the United States. — The right
of eminent domain exists in the government of the United States,
and may be exercised by it within the States, so far as is necessary to
the enjoyment of the powers conferred upon it by the Constitution.
(Kohl et al. v. The United States, 91 U. S., 367.)
For what purposes private property taken — Right in United States
can not be enlarged or dhn-hiixhcd by State — When consent of State
needed. — It is a right belonging to a sovereignty to take private prop-
erty for its own uses, and not for those of another. Beyond that
there exists no necessity, which alone is the foundation of the right.
If the United States have the power, it must be complete in itself.
It can neither be enlarged nor diminished by a State. Nor can any
State prescribe the manner in which it must be exercised. The con-
sent of a State can never be a condition precedent to its enjoyment.
Such consent is needed only, if at all, for the transfer of jurisdiction
and of the right of exclusive legislation after the land shall have
been acquired. (Ib.)
An exposition of the right of. — The powers vested by the Constitu-
tion in the general government demand for their exercise the acquisi-
tion of land in all the States. They are needed for forts, armories,
and arsenals, for navy-yards and light-houses, for custom-houses,
post-offices, and court-houses, and for other public uses. If the right
to acquire property for such uses may be made a barren right by the
unwillingness of property holders to sell, or by the action of a State
prohibiting a sale to the Federal Government, the constitutional
grants of power may be rendered nugatory, and the government is
dependent for its practical existence upon the will of the State, or
even upon that of a private citizen. This can not be. No one doubts
the existence in the State governments of the right of eminent
domain — a right distinct from and paramount to the right of ultimate
EMINENT DOMAIN. 461
ownership. It grows out of the necessity of their being, not out of
the tenure by which lands are held. It may be exercised, though the
lands are not held by grant from the government, either mediately
or immediately, and independent of the consideration whether they
would escheat to the government in case of a failure of heirs. The
right is the offspring of political necessity ; and it'is inseparable from
its sovereignty, unless denied to it by its fundamental laws. (Ibid.)
Of State confined to State purposes. — This State has no authority,
by virtue of its eminent domain, to condemn private lands within its
boundaries for the purpose of turning the same over to the United
States for the erection and maintenance of light-houses thereon. Act
No. 119 of 1867 (Session Laws 1867, p. 158), which undertakes to
authorize the governor to do this is unconstitutional, for the reason
that its enactments are not within the sphere of State powers, and if
put in force would constitute an appropriation of the property of
individuals without due process of law. (Trombley v. Humphrey,
23 Mich., 471.)
Defined — Necessity justifies its exercise. — The eminent domain is
the rightful authority which exists in every sovereignty to control
and regulate those rights of a public nature which pertain to its citi-
zens in common, and to appropriate and control individual property
for the public benefit, as the public safety, necessity, convenience and
welfare may demand. It has its foundation in the imperative law of
necessity which alone justifies and limits its exercise. (Ibid.)
Right of, in the United States. — The United States in the exercise
of its sovereignty, and as a part of its provision for the regulation,
control and protection of commerce, may erect light-houses and in the
exercise of its eminent domain, by observing the constitutional re-
quirements of making due compensation therefor, seize and condemn
the property of individuals for that purpose. (Ibid.)
Exercise of this right for national purposes not contemplated in
rrctttioit of State governments. — The right of eminent domain in any
sovereignty exists only for its own purposes; find to furnish machin-
ery to the general government for it to appropriate lands for national
objects is not among the ends contemplated in the creation of the
State government. (Ibid.)
Consent of State not a condition precedent. — The consent of a
State is not a condition precedent to the taking of lands by the gen-
eral government. Its consent is required only for the purpose of a
transfer of jurisdiction. (Ibid. See, also, Darlington v. United
States, 82 Penn. St. Rep., 382; and Kohl o. United States, 91 U. S.,
367.)
Private property can only be taken for public use, and whether or
not a use is public is a question for the court. (Ibid. See, also, mat-
ter of Deansville Cemetery Association, 66 New York, 569; and mat-
ter of New York Central and Hudson River Railroad Company, 77
New York, 248.)
Constitutional law — Grants ~by State to the United States. — A State
legislature may delegate the right of eminent domain to an agent of
the United States for the purpose of obtaining land in such State as a
site for a post-office. ( Burt, Petitioner, v. The Merchants' Insurance
Company, 106 Mass. Rep., 356.)
NOTE. — The above case shows the power to be delegated to an agent of the
United States and is not an exercise of power of eminent domain by the State
462 UNITED STATES MILITARY RESERVATIONS, ETC.
for the purpose of turning the property over to the United States, for, as stated
therein : " By an act of the legislature of Massachusetts an agent of the United
States was authorized to purchase land in the State for the site of a Post-Office.
The act provided that when the agent and the owners of the land could not
agree upon the price there should be an appraisement made by a jury. Held,
that in order to obtain the land and the appraisement, it was not necessary that
the owner should first consent to a sale."
A State can not exercise it in behalf of the United States. — The
United States may exercise the right of eminent domain within a
State ; but a State can not exercise it in behalf of the United States.
The State may take the property of a citizen for public uses by virtue
of its right of eminent domain, but it can not take it for the benefit of
another sovereignty, for the use of the citizens of the latter, nor can it
delegate its right of eminent domain to another sovereignty for such
purposes. (Darlington v. The United States, 82 Perm. St. Rep., 382,
criticises Gilmer v. Lime Point, 18 Cal., p. 229, and Burt, Petitioner,
v. The Merchants' Ins. Co., 106 Mass., 356, and declares the law to be
well stated in Trombley v. Humphrey, 23 Mich., 471; also in Kohl v.
The United States, 91 U. S., 367.)
The United States may exercise right in State court under a State
law. — The State legislature may authorize proceedings in the State
Courts on behalf of the Federal Government to acquire title to lands
for a public use, the benefit of which is shared by the citizens of the
State; and while the Federal Government may, as an independent
sovereignty, condemn lands within a State for its use, by proceedings
in its own courts, it may, as a petitioner in a State court, accomplish
the same end through proceedings under a State law.
(In the matter of the Petition of the United States for the appoint-
ment of Commissioners, etc., 96 N. Y., 227.)
The supremacy of the Government of the United States. — The
United States is a government with authority extending over the
whole territory of the Union, acting upon the States and the people
of the States. While it is limited in the number of its powers, so
far as its sovereignty extends it is supreme. No State government
can exclude it from the exercise of any authority conferred upon
it by the Constitution, obstruct its authorized officers against its will,
or withhold from it, for a moment, the cognizance of any subject
which that instrument has committed to it. (Tennessee 'v. Davis,
100 U. S., 263.)
The power an incident of sovereignty. — The power to take private
property for public uses, in the exercise of the right of eminent
domain, is an incident of sovereignty, belonging to every independent
government, and requiring no constitutional recognition and it exists
in the Government of the United States. (United States v. Jones,
Administrator et al., 109 U. S., 513.)
Compensation a constitutional limitation — How -fixed and deter-
mined.— The liability to make compensation for private property
taken for public uses is a constitutional limitation of the right of
eminent domain. As this limitation forms no part of the power to
take private property for public uses, the government of the United
States may delegate to a tribunal, created under the laws of a State,
the power to fix and determine the amount of compensation to be paid
by the United States for private property taken by them in the exer-
cise of their right of eminent domain ; or, it may, if it pleases, create
a special tribunal for that purpose. (Ibid.)
EMINENT DOMAIN. 463
Right of United States to make title by expropriation. — -TKe
United States may lawfully make title to land in one of the States by
expropriation as of the eminent domain of such State, and with
assent thereof. (Vol. 7, p. 114, Opins. Attys. Genl., Washington
Aqueduct Case.)
When private property taken for public use, just compensation
must be made to owner. — When property to which the United States
assert no title, is taken by their officers or agents, pursuant to an
act of Congress, as private property, for the public use, the govern-
ment is under an implied obligation to make just compensation to the
owner. (The United States v. Great Falls Manufacturing Com-
pany, 112 U. S., 645.)
Claim of owner for just compensation arises out of implied con-
tract.— Such an implication being consistent with the constitutional
duty of the government, as well as with common justice, the owner's
claim for compensation is one arising out of implied contract, within
the meaning of the Statute defining the jurisdiction of the Court of
Claims, although there may have been no formal proceedings for the
condemnation of the property to public use. (Ibid.)
The owner may elect to treat the taking^ of his property, as an exer-
cise of the right and demand compensation. — The owner may waive
any objection he might be entitled to make, based upon the want of
formal proceedings, and electing to regard the action of the govern-
ment as a taking under its sovereign right of eminent domain, may
demand just compensation for the property. (Ibid.)
Legislative and judicial domain distinguished. — Of the necessity
or expediency of exercising the right of eminent domain in the appro-
priation of private property to public uses, the opinion of the legisla-
ture or of the corporate body or tribunal upon which it has conferred
the power to determine the question, is conclusive upon the courts,
since such a question is essentially political in its nature, and not
judicial. But the question whether the specified use is a public use
or purpose, or such use or purpose as will justify or sustain the com-
pulsory taking of private property, is, perhaps, ultimately a judicial
one, and, if so, the courts can not be absolutely concluded by the
action or opinion of the legislative department. But if the legisla-
ture has declared the use or purpose to be a public one, its judgment
wrill be respected by the courts, unless the use be palpably private, or
the necessity for the taking plainly without reasonable foundation.
But if the use be public, or if it be so doubtful that the courts can not
pronounce it not to be such as to justify the compulsory taking of
private property, the decision of the legislature, embodied in the
enactment giving the power, that a necessity exists to take the prop-
erty, is final and conclusive. (Dillon's Municipal Corporations, 4th
Ed., Vol. 2, Sec. 600.)
National Park, Gettysburg Battlefield. — An appropriation by Con-
gress for continuing the work of surveying, locating, and preserving
the lines of battle at Gettysburg, Pa., and for purchasing, opening,
constructing and improving avenues along the portions occupied by
the various commands of the armies of the Potomac and Northern
Virginia on the field, and for fencing the same ; and for the purchase,
at private "sale or by condemnation, of such parcels of land as the Sec-
retary of War may deem necessary for the sites of tablets, and for the
construction of the said avenues; for determining the leading tactical
464 UNITED STATES MILITARY RESERVATIONS, ETC,
positions and properly marking the same with tablets of batteries,
regiments, brigades, divisions, corps, and other organizations, with
reference to the study and correct understanding of the battle, each
tablet bearing a brief historical legend, compiled without praise and
without censure, is an appropriation for a public use, for which the
United States may, in the exercise of its riglit of eminent domain,
condemn and take the necessary lands of individuals and corporations,
situated within that State, including lands occupied by a railroad
company. (United States v. Gettysburg Electric Railway Company,
160 U. S., 668.)
An implied power, necessary for the purpose of carrying powers
expressly given into effect. — Congress has power to declare war and
to create and equip armies and navies. It has the great power of tax-
ation to be exercised for the common defense and general welfare.
Having such powers, it has such other and implied ones as are neces-
sary and appropriate for the purpose of carrying the powers ex-
pressly given into effect. Any act of Congress which plainly find
directly tends to enhance the respect and love of the citizen for the
institutions of his country and to quicken and strengthen his motives
to defend them, and which is germane to and intimately connected
with and appropriate to the exercise of some one or all of the powers
granted by Congress must be valid. This proposed use (National
Park, Gettysburg Battlefield) comes within such description. The
provision comes within the rule laid down by Chief Justice Marshall
in McCulloch v. Maryland (4 Wheat., 316, 421), in these Avords:
" Let the end be legitimate, let it be within the scope of the Constitu-
tion, and all means which are appropriate, which are plainly adapted
to that end, which are not prohibited, but consist with the letter and
spirit of the Constitution, are constitutional."
Limited appropriation does not render invalid the^ law provided
for taking lam/, <iu<uitity necessary a legislative question. — The mere
fact that Congress limits the amount to be appropriated for such
purpose (National Park), does not render invalid the law providing
for the taking of the land. The quantity of land which should be
taken for such a purpose is a legislative, and not a judicial question.
(160 U. S., p. 669.)
Acquisition of land for national cemeteries. — To authorize the ac-
quisition by the exercise of the right of eminent domain, of private
land for a national cemetery under Sections 4870, 4871, Revised Stat-
utes, there must be (1) an existing appropriation, (in conformity
with the rule of Sec. 3736, Rev. Stats.) authorizing the acquisition,
and (2) the private owner must be unwilling to give title, or the Sec-
retary of War be unable to agree with him as to price. (Dig. Opins.
J. A. Genl., 1901, sec. 1769.)
Appraisement of land for national cemetery, when conclusive upon
Secretary of War.— The appraisement of land for a national ceme-
tery, as duly made by -a United States Court under Sections 4871 and
4872, Revised Statutes, is conclusive upon the Secretary of War, who
must thereupon pay the appraised value as indicated in the latter
section. If indeed 'there has been fraud in the valuation by which
the court has been deceived in its decree, or its original appraisement
is deemed excessive, it may properly be moved for a new, appraise-
ment on the part of the United States. (Ibid., sec. 1763, citing 14
Opins. Atty. Gen., 27.)
JURISDICTION. 465
Express legislation of Congress 'necessary to the exercise of the
right. — Authority to acquire land in a State, by the exercise of the
right of eminent domain, whether by proceedings for condemnation
in the United States Circuit Court or in the courts of the State, can
be A^ested in an executive official of the United States} only by express
legislation of Congress. (Ibid., sec. 2109.)
No general act of Congress making State courts an agency for con-
demning lands. — Held, that there was no general act of Congress
making State courts an agency of the United States for the purpose
of condemning lands, and that proceedings for this purpose should
be had in a United States Court under an Act of Congress, or in a
State court when such court has been by such Act made an agency
for the purpose. (Ibid., sec. 1247.)
The United States may acquire title ~by judicial proceedings. — It is
now well settled that whenever, in the execution of the powers
granted to the United States by the Constitution, lands in any State
are needed by the United States, for a fort, magazine, dockyard,
light-house, custom-house, post-office, or any other public purpose,
and can not be acquired by agreement with the owners, the Congress
of the United States, exercising the right of eminent domain, and
making just compensation to the owners, may authorize such lands to
be taken, either by proceedings in the courts of the State with its con-
sent, or by proceedings in the courts of the United States, with or
without any consent or concurrent act of the State, as Congress may
direct or permit. (Chappell v. United States, 160 U. S., 499, 509,
and 510; citing Harris /;. Elliott, 10 Pet., 25; Kohl v. United States,
91 U. S., 367; United States v. Jones, 109 U. S., 513; Fort Leaven-
worth Railroad v. Lowe, 114 U. S,, 525, 531, 532; Cherokee Nation v.
Kansas Railway, 135 U. S., 641, 656; Monongahela Navigation Co. v.
United States, 148 U. S., 312; Luxton v. North River Bridge Co.,
147 U. S., 337, and 153 U. S., 525; Burt v. Merchants' Insurance Co.,
106 Mass., 356; United States, Petitioners, 96 N. Y., 227.)
JURISDICTION.
Jurisdiction. — The Congress shall 'have power * * * "To ex-
ercise exclusive legislation in all cases whatsoever, over such District
(not exceeding ten miles square) as may, by cession of particular
States, and the acceptance of Congress, become the seat of the Gov-
ernment of the United States, and to exercise like authority over all
places purchased by the consent of the legislature of the State in
which the same shall be, for the erection of Forts, Magazines, Arse-
nals, dock-yards and other needful buildings." (Clause 17, Sec. 8,
of Art. 1 of Const. U. S.)
Same. — The exclusive jurisdiction in the District of Columbia and
in forts, arsenals, etc., is distinct from the concurrent jurisdiction of
the national government with that of the State which it has in the
exercise of its powers of sovereignty in every part of the United
States. (Ex parte Siebold, 100 U. S., 371.)
President to procure cession of jurisdiction, etc. — The President of
the United States is authorized to procure the assent of the legisla-
ture of any State, within which any purchase of land has been made
for the erection of forts, magazines, arsenals, dock-yards and other
16809—10 30
466 UNITED STATES MILITAEY RESERVATIONS, ETC.
needful buildings without such consent having been obtained. (Sec.
1838, U. S. Rev. Stats.)
Where United States can exercise a general jurisdiction. — Special
provision is made in the constitution for the cession of jurisdiction
from the States over places where the federal government shall estab-
lish forts, or other military works. And it is only in these places, or
in the territories of the United States, where it can exercise a general
jurisdiction. (New Orleans v. The United States, 10 Peters, p. 737.)
When jurisdiction limited. — When they acquire such lands in any
other way than by purchase with the consent of the Legislature, their
exclusive jurisdiction is confined to the erections, buildings and land
used for the public purposes of the Federal Government. (Fort
Leavenworth E. R. Co. v. Lowe, 114 U. S., 525.)
State can not, by use of power to tax, or police power, interfere
with power conferred upon Congress ~by the Constitution. — Neither
the unlimited powers of a State to tax, nor any of its large police
powers, can be exercised to such an extent as to work a practical as-
sumption of the powers properly conferred upon Congress by the
Constitution. (Railroad Company v. Husen, 95 U. S., 465.)
Cession permitted by the Constitution of the United States. — The
Constitution permits a State to cede to the United States jurisdiction
over a portion of its territory. (Benson v. The United States, 146
U. S., 325.)
When conferred by the Constitution. — When the United States
acquire lands within the limits of a State by purchase, with the con-
sent of the Legislature of the State, for the erection of forts, maga-
zines, arsenals, dock-yards, and other needful buildings, the Consti-
tution confers upon them exclusive jurisdiction of the tract so ac-
quired. (Fort Leavenworth R. R. Co. v. Lowe, 114 U. S., 525.)
Jurisdiction over cemeteries. — From the time any State legislature
shall have given, or shall hereafter give, the consent of such State to
the purchase by the United States of any national cemetery, the juris-
diction and power of legislation of the United States over such ceme-
tery shall in all courts and places be held to be the same as is granted
by Section eight, Article one, of the Constitution of the United
States ; and all provisions relating to national cemeteries shall be ap-
plicable to the same. (Sec. 4882, U. S. Rev. Stats.)
Act of Congress powerless to confer — Cession must be by State
legislature. — Held, that, notwithstanding the provision in 'Section
4872, Revised Statutes, that the jurisdiction of the United States
over land taken for a national cemetery, by the right of eminent
domain, " shall be exclusive," such a jurisdiction, where the land is
within a State, can not legally be vested in the United States, except
by the cession of the State legislature. In the absence of such ces-
sion on the part of the State sovereignty, an Act of Congress must
be powerless to confer such an authority. (Digest of Opins. J. A.
GenL, 1901, sec. 1764. See 13 Opins. Attys. Genl., 131.)
National cemeteries. — The United States have over lands within a
State held for national cemeteries or other public purposes, which
were acquired by the former without the consent of the State, or over
which the latter has not ceded its jurisdiction, only such jurisdiction
as they have over other parts of the State wherein they possess no
property interests.
JURISDICTION. 467
The mere ownership of the land does not put the United States in
a different position, as regards the matter of jurisdiction over it, than
they occupied previous to its acquisition; nor is the situation of the
State, with reference to the same matter, in any degree altered
thereby. Strictly speaking, therefore, where the United States own
land situated within the limits of a State, but over which they have
not acquired jurisdiction from the State, they can not be said to have
any local jurisdiction over such land. (Vol. 14, p. 557, Opins. Attys.
Genl.)
Cession of Federal jurisdiction by /States. — In construing the joint
resolution of Congress passed September 11, 1841 (5 Stat., 408), it is
said : Thus it appears that Congress understood " consent to the pur-
chase " and " cession of jurisdiction " as concurrent, if not identical,
facts; and rightfully; for the language of the Constitution is that
Congress shall have power " to exercise exclusive legislation in all
cases whatsoever, over such district, not exceeding 10 miles square, as
may, by cession of particular States, and the acceptance of Congress,
become the seat of the government of the United States, and to exer-
cise like authority over all places purchased by the consent of the leg-
islature of the State in which the same shall be, for the erection of
forts, magazines, arsenals, dock-yards, and other needful public
buildings." It is therefore thoroughly settled by numerous adjudica-
tions that all such Federal jurisdiction, as the Constitution contem-
plates, is acquired by the United States, in the mere consent of the
State to the purchase; and that upon such consent, the jurisdiction of
the State ceases, and that of Congress comes in by virtue of the Con-
stitution. Phrases in legislative acts of the State retaining concur-
rent jurisdiction for certain purposes do not impair but confer on the
United States the wrhole jurisdiction of the Constitution, that is,
rights of Federal legislation coextensive with the subject matter.
(Vol. 7, p. 628, Opins. Attys. Genl.)
Session of jurisdicion in Florida. — The general act of the Florida
Legislature, passed June 6, 1855, is a sufficient cession of jurisdiction
over land purchased in that State by the Federal Government for
public works. (Vol. 9, p. 94, Opins. Attys. Genl.)
How far State laws in force at Old Point Comfort. — The general
laws of Virginia, other than criminal, which do not conflict with those
of the United States relating to forts, and which do not interfere
with the military control, discipline and use of Fortress Monroe, as
a Military Post, are in full force at Old Point Comfort. (Crook,
Horner & Co. v. Old Point Comfort Hotel Company, 54 Fed. Rep.,
604.)
When Clause 17, Section 8, Article 1, Constitution of the United
States applies. — Clause 17, Section 8, Article 1, Constitution of the
United States, giving the United States exclusive jurisdiction over all
places purchased by consent of the* legislature of the State in which
the same shall be for the erection of forts, arsenals, etc., applies only
to lands acquired by actual purchase accompanied by a cession of
jurisdiction by the State; and where land is acquired directly from
the State as owner by an act of cession (as in the case of Fortress
Monroe) the constitutional provision does not apply, and the United
States holds the land only as provided in the act of cession. (Ibid.)
468 UNITED STATES MILITARY RESERVATIONS, ETC.
Conditional cession (" Point Peter " Case}. — The act of the legisla-
ture of Georgia approved December 22, 1808, grants jurisdiction to
the United States over all lands then acquired, or which may there-
after be acquired by them, for the purpose of erecting forts or forti-
fications in that State ; but this is coupled with a proviso that " the
said United States do or shall cause forts or fortifications to be
erected thereon." The proviso may be construed to operate as a con-
dition precedent, which renders it at least doubtful whether the
cession of jurisdiction as to any land was intended to take effect until
the erection of a fort or fortification thereon. (Vol. 18, p. 384, Opins.
Attys. Genl.)
Can only be acquired by the United States in mode prescribed by
the Constitution. — The right of exclusive legislation within the ter-
ritorial limits of any state, can be acquired by the United States only
in the mode pointed out in the constitution, by purchase, by consent
of the legislature of the state in which the same shall be, for the erec-
tion of forts, magazines, arsenals, dock-yards, and other needful build-
ings. The essence of that provision is, that the state shall freely
cede the particular place to the United States for one of the specific
and enumerated objects. (The People against Godfrey, 17 Johnson's
Eep., 225, 232.)
Fort Niagara Case (no cession}. — The land on which Fort Niagara
is erected, never having been actually ceded by this State to the
United States, it still belongs to the State; and its courts have juris-
diction of all crimes or offenses against the laws of the State, com-
mitted within that fort, or its precincts ; though it has been garrisoned
by the troops of the United States, and held by them since its sur-
render by Great Britain, pursuant to the treaties of 1783, and 1794- ;
for the United States acquired no territory within this State by virtue
of those treaties. (Ibid.)
NOTE. — rphe foreg0ing decision was rendered in October, 1819. Since then tli(-
State Legislature, by an Act passed April 21, 1840, authorized the conveyance
of title and cession of jurisdiction, and in accordance with said act the Gov-
ernor executed a conveyance dated July 8, 1841. (See Fort Niagara.)
Rented lands for camp not within the terms of the Constitution. —
Lands rented to the United States to be used temporarily as a camp,
is not a place, wTithin the terms of the Constitution of the United
States, over which the United States have " sole and exclusive " juris-
diction. (United States v. Tierney, 1 Bond, 571, Circuit Court South-
ern District of Ohio.)
Legislative consent to the purchase by the United States establishes
the jurisdiction (Fort Trumbidl, Conn., case}. — It is not questioned
that the land is owned by the United States, or that the purchase was
with the consent of the legislature of the State. There is wanting
a formal deed of cession which the legislature intended should be
executed on the part of the State. • Such a formality is not necessary
to give jurisdiction. The purchase by the United States, and the
consent of the legislature to the purchase, gave to Congress the
exclusive power of legislation over the purchased land. (Const.,
U. S., Art. 1, Sec. 8.) A legislative consent to the purchase could be
given either before or after the purchase, and such consent, whenever
given, together with the fact of purchase, establishes the jurisdiction
of the United States. (Vol. 13, p. 411, Opins. Attys Genl., citing 7
ibid., 628.)
JURISDICTION. 469
Of State orer navigable waters^ within its limits. — A State may
exercise jurisdiction over navigable waters within its limits and
subject persons and property thereon to the civil and criminal juris-
diction of its courts, in the absence of any prohibition in the National
Constitution or laws. (People v. Welch, 141 N. Y., 266.)
Constitutional law — Jurisdiction of State courts — When excluded
by the action of Congress. — Whenever it is within the power of Con-
gress to legislate, it is competent for it to exclude the jurisdiction of
the State courts in respect to all subjects over which legislative action
is authorized. To exclude the jurisdiction of State Courts over mat-
ters within their ordinary jurisdiction, the intention of Congress to
exercise this power should be distinctly manifested, and the legis-
lation relied upon should be clear and unambiguous. There must be
express words of exclusion or a manifest repugnancy to the exercise
of State authority over the subject. (Ibid.)
Constitutional conditions. — The constitutional conditions are two —
purchase by the United States and consent of the legislature of the
State. By that consent the State voluntarily and knowingly parts
with its jurisdiction. It is not lost on the mere ownership by the
United States. Vol. 6, p. 577, Opins. Attys. Genl., citing The People
v. Godfrey, 17 Johnson's Rep. 255, and Commonwealth v. Young,
Bright 's Rep., 302.)
Object and legal effect of Staters reservation to serve process. — It is
well settled that the sole object and only legal effect of such reserva-
tions by the State (such as retaining concurrent jurisdiction for serv-
ice of process, etc., not incompatible with the grant) is to prevent
those places from becoming a sanctuary for fugitives from justice for
acts done within the acknowledged jurisdiction of the State. (Ibid. ;
citing United States v. Cornell, 2 Mason, p. 60 ; United States v.
Davis, 5 Mason, p. 856 ; Commonwealth v. Clary, 8 Mass., p. 72, and
Mitchell v. Tibbetts, 17 Pickering, p. 298.)
Is conferred Inj the Constitution upon the Federal Government
over lands within a State acquired by purchase.— Exclusive jurisdic-
tion is conferred upon the Federal Government by the Constitution
of the United States over land within a State acquired by its pur-
chase with the consent of the State's legislature. The reservation
by the State that civil and criminal process of its courts may be
served within the limits so acquired, is not incompatible with the
exclusive jurisdiction of the -Federal Government but is made to pre-
vent such places from becoming sanctuaries for debtors and crimi-
nals. (Foley, etc., v. Shriver, etc., 81 Va., p. 568; citing the fol-
lowing: Fort Lea von worth Railroad Company v. Lowe, 114 U. S.,
525 ; United States v. Cornell, 2 Mason, 60 ; Commonwealth v. Clary,
8 Mass., 72; Mitchell v. Tibbetts, 17 Pickering, 298, and Sinks v.
Reese, 19 Ohio State Rep., 306.)
Same. — " The National Home for Disabled Volunteer Soldiers,"
situated within the limits of Elizabeth City County, in this State
(Virginia), upon land purchased by the United States with the con-
sent of the State legislature, is a corporation created under the laws
of Congress, and is under the exclusive jurisdiction of the Federal
Government. Its officers are disbursing officers of the United States,
and the funds in their hands as such, can not be attached or gar-
nisheed under process from a State court. (Ibid.)
470 UNITED STATES MILITARY RESERVATIONS, ETC.
When grant of power to Congress excludes right of State. — The
grant of power to Congress excludes the right of the State over the
same subject only where the grant is in express terms an exclusive
authority to the Union, or where the grant to Congress is coupled
with a prohibition to the States to exercise the same power, or where
the grant to the one would be repugnant to the exercise of a similar
authority by the other. (Weaver t\ Fegely, 29 Pa. State Rep., 27.)
Mere purchase of land liy United States does not oust jurisdic-
tion of State. — The purchase of lands by the United States for pub-
lic purposes, within the territorial limits of a State, does not of itself
oust the jurisdiction or sovereignty of such State over such lands so
Sirchased. (United States v. Cornell, 2 Mason, 60, Circuit Court,
istrict of Rhode Island, November Term, 1810.)
Same. — Exclusive jurisdiction is the necessary attendant upon
exclusive legislation. (Ibid.)
Consent of State to purchase of lands ~by the United States carries
with it exclusive jurisdiction. — The Constitution of the United States
declares that Congress shall have power to exercise " exclusive legis-
lation " in all " cases whatsoever " over all places purchased by the
consent of the legislature of the State in which the same shall be for
the erection of forts, magazines, arsenals, dockyards, and other need-
ful buildings. When, therefore, a purchase of land for any of these
purposes is made by the national government, and the State legis-
lature has given its consent to the purchase, the land so purchased by
the very terms of the Constitution, ipso facto, falls within the exclu-
sive legislation of Congress, and the State jurisdiction is completely
ousted. (Ibid. Reaffirmed June Term, 1820.)
Must be free from interference of State — Exemption from State
control essential to the sovereign authority of the United States. —
When the United States acquire lands within the limits of a State,
with the consent of the legislature of the State, for the erection of
forts, arsenals, dock-yards, and other needful buildings, the Consti-
tution confers upon them exclusive jurisdiction of the tract so ac-
quired; but when they acquire such lands in an}^ other way than by
purchase with the consent of the legislature they will hold the lands
subject to this qualification; that if upon them forts, arsenals or
other public buildings are erected for the use of the General Gov-
ernment, such buildings with their appurtenances, as instrumentali-
ties for the execution of its powers will be free from any such in-
terference and jurisdiction of the State as would destroy or impair
their effective use for the purposes designed. Such is the law with
reference to all instrumentalities created by the General Government.
Their exemption from State control is essential to the independence
and sovereign authority of the United States within the sphere of
their delegated powers. But when not used as such instrumentalities,
the legislative power of the State will be as full and complete as over
any other places within her limits. (Fort Leavenworth R. R. Co. v.
Lowe, 114 U. S., 525, 539.)
When exclusive jurisdiction suspended. — A lease by the United
States to a city for market purposes, of vacant land which was a part
of land ceded by the State to the United States for the purpose of a
navy-yard and naval hospital with a provision that the United States
may retain such use and jurisdiction no longer than the premises are
used for such purposes, operates, at least while the lease is in force, to
JURISDICTION. 471
suspend the exclusive authority and jurisdiction of the United States
over the leased land, and thereby makes it subject to the jurisdiction
of State courts in an action of ouster therefrom. (Palmer v. Barrett,
162 U. S., 399.)
Of United States over reservations in Territories paramount — To
retain exclusive jurisdiction it must be reserved by Congress when
admitting such Territory as a State. — Over lands reserved for mili-
tary or other governmental purposes in the Territories the jurisdic-
tion of the United States is .necessarily paramount. When a Terri-
tory is admitted as a State it is within the power of Congress to
stipulate for the power of exclusive jurisdiction over such reser-
vations, or to exempt them from the jurisdiction of the State. Fail-
ing to do this, however, the State can exercise such authority and
jurisdiction over them as over similar property held by private indi-
viduals; and the United States can acquire exclusive jurisdiction
only when the same has been formally ceded by the legislature of the
State in which the lands are situated. (Fort Leavenworth R. R. Co.
v. Lowe, 114 U. S., 525.)
When the United States and State have concurrent jurisdiction. —
The same offence may be made punishable both under the laws of
the State and of the United States and over such offences the State
and federal courts have concurrent jurisdiction. In cases of concur-
rent jurisdiction the court that first gets control of the subject-matter
will continue to exercise jurisdiction until judgment, without molesta-
tion or interference from the other; this is the proper course to pur-
sue in criminal as well as civil cases. (United States v. Wells, Dis-
trict Court, District of Minnesota, January, 1872.)
How lost and restored. — Jurisdiction over the lands lying within
the limits of the military reservation of Fort Leavenworth passed
from the United States to the State of Kansas under the operation of
the act of June 22, 1861, Chapter 20, admitting that State into the
Union ; and to restore such jurisdiction to the United States, a cession
thereof by the State is necessary. (Vol. 14, p. 33, Opins. Attys. Genl.)
Use of military reservation can not be inquired into upon a question
of. — The land claimed by the Secretary of the Interior (part of the
Fort Leavenworth Military Reservation) as a portion of the territory
allotted to the Delaware tribe of Indians never was a portion of said
territory, but was legally reserved by the President for military pur-
poses. '(United States v. Stone, 2 Wall., p. 525.) In -Benson v. The
United States, the court, after citing above case, say : " The char-
acter and purposes of its occupation having been officially and legally
established by that branch of the government, which has control over
such matters, it is not open to the courts, on a question of jurisdiction,
to inquire what may be the actual uses to which any portion of the
reserve is temporarily put." (Benson v. The United States, 146 U. S.
Rep., p. 331.)
How far a /State may prescribe conditions to the cession of. — A
State may cede to the United States exclusive jurisdiction over land
within its limits in a manner not provided for in the Constitution of
the United States, and may prescribe conditions to the cession, if they
are not inconsistent with the effective use of the property for the pur-
poses intended. (Fort Leavenworth R. R. Co. v. Lowe, 114 U. S.
Rep., 525.)
472 UNITED STATES MILITARY RESERVATIONS, ETC.
The subject of " Jurisdiction " has been further treated in an opin-
ion of the Judge Advocate General of the Army, rendered December
30, 1895, as follows:
" Jurisdiction over territory in a State may be acquired by the
United States, under the seventeenth clause of section 8 of article 1
of the Constitution, by the purchase of such territory, with the consent
of the State, ' for the erection of forts, magazines, arsenals, dock-
yards and other needful buildings.' The Constitution gives Congress
the power of exercising exclusive legislation over such place, and this
is held to mean exclusive jurisdiction. The State's consent to the
purchase for any one of these constitutional purposes invests the
United States with exclusive jurisdiction, and the State can not, even
by the express language of its legislation, reserve to itself any part of
this jurisdiction. (The reservation of the right of serving process
for causes of action arising outside such territory is not held to be an
actual reservation of a part of the exclusive jurisdiction intended to
be vested in the United States.) But it would seem that this is only
true when the purchase is for one of the constitutional purposes. By
correct construction, ' other needful buildings ' would mean buildings
of the same character as those specified — buildings intended for mili-
tary or defensive purposes. A more comprehensive meaning has,
indeed, been sometimes given to the expression, but no justification
for such construction is found.
" In Pinckney's draft of a constitution there was this clause : ' To
provide such dockyards and arsenals and erect such fortifications as
may be necessary for the United States, and to exercise exclusive
jurisdiction therein.' (This draft was submitted May 29, 1787.)
" There was no corresponding provision in the Constitution re-
ported by the committee of detail, August 6, but the committee of
eleven, by report of September 5, recommended the adoption of the
clause as it now reads, except that it did not have the words, ' by
the consent of the legislature of the State.' In the debate on the
proposition Mr. Gerry contended that this power might be made use
of to enslave any particular State by buying up its territory, and that
the strongholds proposed would be a means of awing the State into
an undue obedience to the general government. Mr. King thought
himself the provision unnecessary, the power being already involved ;
but would move to insert, after the word ' purchased,' the words c by
the consent of the legislature of the State.' This would certainly
make the power safe. (5 Elliot's Debates, 511.)
"And in the Federalist (No. 43) it is said: 'Nor would it be
proper for the places on which the security of the entire Union may
depend to be in any degree dependent on a particular member of it.'
" So Story says (section 1224) : ' The other part of the power,
fiving exclusive legislation over places ceded for the erection of
orts, magazines, etc., seem still more necessary for the public con-
venience and safety. The public money expended on such places,
and the public property deposited in them, and the nature of the mili-
tary duties which may be required there, all demand that they should
be exempted from State authority. In truth, it would be wholly im-
proper that places on which the security of the entire Union may
depend should be subject to the control of any member of it. The
power, indeed, is wholly unexceptionable, since it can only be exer-
cised at the will of the State; and therefore it is placed beyond all
JURISDICTION. 473
reasonable scruple. Yet it did not escape without the scrutinizing
jealousy of the opponents of the Constitution, and was denounced
as dangerous to State sovereignty.'
"And, as observed by Judge Seaman (In re Kelly, 71 Fed. Rep.,
545, 549) :
" ' The rule thus stated? whereby legislative consent operates as a
complete cession, is applicable only to objects which are specified
in the above provision, and can not be held to so operate, ipso facto,
for objects not expressly included therein. Whether it rests in the
discretion of Congress to extend the provision to objects not specific-
ally enumerated, although for national purposes, upon declaration as
"needful buildings," and thereby secure exclusive jurisdiction, is an
inquiry not presented by this legislation (see 114 U. S., 541) ; and I
think it can not be assumed by way of argument that such power is
beyond question. In New Orleans v. United States (10 Pet., 662,
737) the opinion of the Supreme Court is expressed by Mr. Justice
McLean, without dissent, as follows:
" ' " Special provision is made in the Constitution for the cession
of jurisdiction from the States over places where the Federal govern-
ment shall establish forts or other military works. And it is only
in these places, or in the territories of the United States, where it can
exercise a general jurisdiction." !
"And in United States v. Bevans (3 Wheat., 336, 390) the claim
was urged that the words c other place ' would include a ship of war
of the United States lying at anchor in Boston harbor, and bring it
within the statute defining murder committed ' within any fort,
arsenal, dockyard, magazine, or in any other place or district of
country under the sole jurisdiction of the United States; ' but it was
stated by the court, through Chief Justice Marshall, that ' the con-
struction seems irresistible that by the words " other place " was in-
tended another place of a similar character with those previously
enumerated ; ' that ' the context shows the mind of the legislature to
have been fixed on territorial objects of a similar character.' (See,
also, The Federalist, No. 43, by Madison.)
" Section 355 of the Revised Statutes prescribes that no public
money shall be expended upon any site or land purchased by the
United States for the purposes of erecting thereon any armory, arse-
nal, fort, fortification, navy-yard, custom-house, light-house, or other
building, of any kind whatever, until the consent of the
legislature of the State in which the land or site may be, to such pur-
chase, has been given. This section is in part based on the clause of
the Constitution referred to, and in part not. The consent of the
State to a purchase, given in order to satisfy the requirement of this
section, would invest the United States with exclusive jurisdiction,
if the purchase be for one of the constitutional purposes ; but the sec-
tion provides for other purposes also, and as to these it would seem
that a simple consent to the purchase (assuming that such consent,
being for a purpose not falling under the clause of the Constitution,
amounts to a cession of jurisdiction) would only carry with it so
much jurisdiction as would be necessary for the purpose of the pur-
chase. Probably this would be held to be concurrent jurisdiction.
Taking into consideration the fact that States can not, under any cir-
cumstances, interfere with the instrumentalities of the government of
the United States, it may, indeed, be questioned whether, even under
474 UNITED STATES MILITARY RESERVATIONS, ETC.
this view, unnecessary precautions have not been taken in regard to
the acquisition of jurisdiction ; and certainly it can not be presumed
that a State intends to part with more of its sovereignty than is neces-
sary. A consent to the purchase, under section 355, Revised Statutes,
if the purchase be for other than one of the purposes described in the
clause of the Constitution, may, therefore, be accompanied with any
limitations not interfering with an instrumentality of the government
of the United States.
" The most common way of acquiring jurisdiction, however, is by
the State's expressly ceding it to the United States. In such case the
State may make similar limitations, and this even if the place be used
by the United States for one of the purposes mentioned in the clause
of the Constitution. To bring the case under the clause there must
be a purchase with consent. (Dig. Opins., J. A. G., 1901, sec. 672;
citing Fort Leavenwrorth R. R. Co. v. Lowe, 114 U. S., 539 ; Chicago
and Pacific Ry. Co. v. McGlinn, 114 U. S., 542; Benson v. U. S., 146
U. S., 331; in re Kelly, 71 Fed. Rep., 545; in re Ladd, 74 Fed. Rep.,
31.)"
Award — /Submission not binding unless authorized ~by act of Con-
gress—-No officer of the United States has authority to enter into a
submission in their behalf, which shall be binding on them, unless
the power is given by a special act of Congress. (United States v.
Ames, 24 Fed. Cases, p. 784.)
Same — Can not be pleaded in bar of an action of trespass unless
authorized by Congress. — The United States had machinery in opera-
tion, carried by water, on land which had been sold to them, and over
which jurisdiction had been ceded to them by the State of Massachu-
setts. A owned mills above and below them on the same stream, and
the qjam of each party flowed back so as to obstruct the other. A sub-
mission of the matters in dispute was entered into by A on the one
part and by the District Attorney, authorized by the Solicitor of the
Treasury, or War Department, on the other part, but without any
authority from Congress ; and an award was made thereon, prescrib-
ing the height of the dam. The United States afterwards brought
an action of trespass against A for flowing their land. He pleaded
a special bar of the award, alleging that he had complied with its
terms. On general demurrer it was held that the special plea could
not be sustained. (Ibid.)
When State legislature can not interfere with exercise of exclusive
jurisdiction by Congress. — Whenever the terms in which a power is
granted by the Constitution or the nature of the power itself, requires
that it should be exercised exclusively by Congress, State legislature
can not interfere. (Sturgis v. Crowninshield, 4 Wheat., 122.)
Effect of reservation of concurrent jurisdiction by State to serve
process. — Where a State grants land to the general government,
reserving to it a concurrent jurisdiction in executing process therein,
for offences committed out of it, the federal courts have exclusive
jurisdiction of offences committed within such territory. (United
States v. Travers, 28 Fed. Cases, p. 204. See United States v. Penn.,
48 Fed. Rep., 669.)
The lex rei sitce governs when no cession by State, except when in
conflict with the Constitution, treaties, or statutes of the United
States. — When the United States own land, situated within the limits
of particular States, and over which they have no cession of jurisdic-
JURISDICTION. 475
tion, for objects either special or general, the rights and remedies in
relation to it are usually such as apply to other landowners within
the State, and the lex rei sitce will govern ; except where the Constitu-
tion, treaties or Statutes of the United States, otherwise require and
provide. (United States v. Ames, 24 Fed. Cases, p. 784.)
The Territory belonging to the United States over which jurisdic-
tion has been ceded, subject to laws of Congress and not to those of
State — Exception. — The territory belonging to the United States, not
situated within the limits of any State, is subject to the laws of Con-
gress. That within such limits, but over which jurisdiction has been
ceded to the United Stat.es, and which is used for exclusive and con-
stitutional objects, is likewise subject to said laws, and not to those of
the State, except when they were enacted before the cession of juris-
diction and do not conflict in any degree with what has been required
or provided by the general government. (Ibid.)
When United States may resort to common law or laws of States
for injuries to public property. — The United States, in cases when
Congress has not provided any or adequate remedies for injuries to
public property, may resort to those of common law origin, or those
provided by the law of the several States. (Ibid.)
Same. — But in places over which jurisdiction has been ceded to
the United States the State laws can not be permitted to thwart or
embarrass the object of the cession. (Ibid.)
Case in point. — It seems the laws of Massachusetts respecting flow-
age do not apply to the case of machinery used by the United States
for public purposes, in a place over which jurisdiction has been ceded
to the United States, so as to authorize a mill owner to flow back in
a way to impair in any degree the use of the machinery. (Ibid.)
State courts can not take cognizance of offences committed upon
lauds belonging to the United States purchased with consent of
State. — The Courts of the Commonwealth can not take cognizance of
offences committed upon lands in the town of Springfield, which have
been purchased by the United States for the purpose of erecting
arsenals, etc., to which the consent of the Commonwealth was granted
by the Statute of 1798, Chapter 13. (Commonwealth v. Clary, 8
Mass., 72.) The Chief Justice, in delivering the opinion of the court,
said : " We are of opinion that the territory, on which the offence
charged is agreed to have been committed, is the territory of the
United States, over which the Congress have the exclusive power of
legislation. The assent of the commonwealth to the purchase of this
territory by the United States, had this condition annexed to it — that
civil and criminal process might be served therein by the officers oi
the Commonwealth. This condition was made with a view to prevent
the territory from becoming a sanctuary for debtors and criminals;
and from the subsequent assent of the United States to the said
condition, evidenced by their making the purchase, it results that the
officers of the Commonwealth, in executing such process, act under
the authority of the United States. No offences committed within
that territory, are committed against the laws of this Commonwealth ;
nor can such offences be punishable by the courts of the Common-
wealth unless the Congress of the United States should give to the
said courts jurisdiction thereof. * * * An objection occurred to
the minds of some members of the court that if the laws of the Com-
monwealth have no force within this territory, the inhabitants thereof
476 UNITED STATES MILITARY HESERVATIONS, ETC.
can not exercise any civil or political privileges, under the laws of
Massachusetts, within the town of Springfield. We are agreed that
such consequence necessarily folloAvs, and we think that no hardship
is thereby imposed on those inhabitants; because they are not inter-
ested in any elections made within the State, or held to pay any taxes
imposed by its authority, nor bound by any of its laws. And it
might be very inconvenient to the United States to have their labor-
ers, artificers, officers, and other persons employed in their service,
subjected to the services required by the Commonwealth of the inhab-
itants of the several towns. It will be noticed that in this decision
we make a distinction between persons who actually dwell within the
territory owned by the United States, and the laborers and artificers
employed therein, who have their dwelling elsewhere."
Reservation to serve process ~by State operates as a condition of the
grant. — It seems that a reservation on a cession of concurrent juris-
diction to serve process, civil and criminal, in the ceded place, does
not exclude the exclusive legislation or exclusive jurisdiction of the
United States over the ceded places. It merely operates as a condi-
tion of the grant. (United States v. Davis, 5 Mason, 356, Circuit
Court, Eastern District, Mass.)
Liquor or ~beer introduced at a military post situated upon an
Indian Reservation over which the United States hare exclusive juris-
diction not subject to operation of State laws. — Where certain beer,
alleged to be intoxicating, was attempted to be introduced at the
post of Fort Yates, situated upon an Indian Reservation in North
Dakota, exclusive jurisdiction over which is vested in the United
States, held, that the admission or sale of such liquor would be an
offense against the United States, not against the state, since the Act
of August 8, 1890, providing that intoxicating liquor shipped into a
state shall be subject to the operation of the state laws as soon as it
enters the territory of the state, can not apply to a district over which
the United States has exclusive jurisdiction, and therefore that the
state authorities would not be empowered to make a seizure of such
beer. (Digest Opins. J. A. Gem1., 1901, sec. 2287.)
Grant of right of way across military reservation does not oust
exclusive jurisdiction. — Held, that the Act of Congress granting to
the West Shore Railroad Company a right of way across a part of
the military reservation at West Point, N. Y., did not operate to oust,
as to such way, the exclusive jurisdiction over the reservation pre-
viously ceded by the State to the United States. It simply imposed
upon the military authorities the duty of not interfering with the
legitimate use of its right by the railroad company. (Ibid., sec. 687.)
Consent to purchase may ~be given ~by general act of the State. — A
State may give consent by one general Act, prospective in terms and
covering all future purchases by the United States. (Vol. 15, p. 480,
Opins. Attys. Genl.)
Evidence — County records inadmissible to prove cession. — Where
the statutes of a State provide that certain copies or certificates of
archives of the State department shall be received in evidence in all
cases in which the originals would be evidence, an original record
book of a County in which the cession of lands to the United States
for a fort has also been recorded is not admissible in evidence to estab-
lish such cession. (Lasher v. The State, 30 Texas Appeals, 387.)
JURISDICTION. 477
Of State courts over crimes committed in places ceded to the United
States. — When a State cedes to the United States lands for forts, etc.,
reserving concurrent jurisdiction to serve State process, civil and
criminal, in the ceded places, such reservation merely operates as a
condition of the grant, and does not defeat the exclusive jurisdiction
of the United States over such place, and the State courts have no
jurisdiction of crimes committed therein. (Ibid.)
Judicial notice taken of cession of 'portion 'of territory of State. —
The cession of a portion of the territory of a State to exclusive foreign
jurisdiction and control is one of the highest acts of sovereignty af-
fecting the people of the State at large, and courts of the State will
take judicial knowledge of the fact of cession, and that crimes com-
mitted within the ceded territory are beyond the jurisdiction of the
State courts. (Ibid.)
Effect of cession by State — New restrictions. — An act of the legis-
lature of a State ceding to the United States the jurisdiction of the
State over a tract of land used as a military reservation, upon condi-
tion that such jurisdiction shall continue only so long as the United
States shall own and occupy such reservation; that the State shall
have the right, within the reservation, to serve civil process, and to
execute criminal process against persons charged with crime com-
mitted within the State; and that roads may be opened and kept in
repair within such reservation, cedes to the United States the entire
political jurisdiction of the State over the place in question, includ-
ing judicial and legislative jurisdiction, except as to service of process
and opening of roads, and the same can not be affected or further
limited, without the consent of the United States, by a subsequent
act of the State legislature attempting to impose additional restric-
tions on the jurisdiction ceded. (In re Ladd, 74 Fed. Rep., 31.)
Judicial officers. — After such cession a Justice of the Peace, acting
under authority of the State, has no jurisdiction over the ceded terri-
tory in matters of alleged criminal violation of the laws of the State
committed on such territory. (Ibid.)
Ciril and criminal laws. — While, after such cession, the municipal
laws of the State governing property and property rights continue in
force in the ceded territory, except so far as in conflict with the laws
and regulations of the United States applying thereto, the criminal
laws of the State cease to be of force within the ceded territory, and
laAvs regulating the sale of intoxicating liquors, requiring a license
therefor, and punishing unlicensed sales, cease to be operative, both as
in conflict with the regulations of the United States governing mili-
tary reservations and as penal in their character. (Ibid.)
Cession of, when United States can not accept. — The United States
can not accept a cession of jurisdiction from a State coupled with a
condition that crimes committed within the limits of the jurisdiction
ceded, shall continue to be punishable by the courts of the State for
the reason that such a reservation, or condition, is distinctly incom
patible with the provisions of the penal acts of Congress, and would
obstruct, if not defeat, the execution of those acts, and also, because
such condition is inconsistent with any possible construction of ^that
" exclusive " jurisdiction, which, according to the letter and intent of
the Constitution, are in such cases, to be vested in the United States,
(Vol. 8, p. 418, Opins. Attys. Genl.)
478 UNITED STATES MILITARY RESERVATIONS, ETC.
Of State — When it ceases — Status of inhabitants of ceded places- —
Effect of no cession by State. — The States can not take cognizance of
any acts done in the ceded places after the cession ; and, on the other
hand, the inhabitants of those places cease to be inhabitants of the
State and can no longer exercise any civil or political rights under
the laws of the State. But if there has been no cession by the State
of the place, although it has been constantly occupied and used, under
purchase, or otherwise, by the United States for a fort, arsenal, or
other constitutional purpose, the State jurisdiction still remains com-
plete and perfect. (Story on the Constitution, Vol. 2, Sec. 1227.)
Jurisdiction, when vests in the United States. — " Exclusive Legisla-
tion " signifies exclusive jurisdiction ; and this follows even although
the legislature of the State, in its act assenting to the purchase, have
not expressly ceded such jurisdiction. It vests in the United States
by virtue of the Constitution. (Sergeant's Constitutional Law, 350,
cited in Vol. 6, p. 577, Opins. Attys. Genl.)
When express terms ceding " Exclusive " jurisdiction must be
used. — It appears indisputable that all State jurisdiction is not ex-
cluded from every parcel of land purchased by the general govern-
ment in a State with legislative consent, irrespective of its use; and,
therefore, that if the purpose is not one of those distinctly named in
the clause of the Constitution, the act of Congress which provides for
the purchase and requires the legislative consent must, in some une-
quivocal terms, declare that exclusive jurisdiction is intended and nec-
essary for the proposed use, or at least the purpose stated must be one
of which it is manifest that any exercise of coordinate or other juris-
diction would be incompatible therewith. (In re Kelly, Circuit
Court, Eastern District of Wisconsin, Dec. 27, 1895, 71 Fed. Rep.,
545.) Decides, also, that the clause of the Constitution upon which
the Ohio (Sinks v. Reese, 19 Ohio State, 306) and Virginia (Foley v.
Shriver, 81 Virginia, 568) decisions mainly rest their view of the
State enactments, respectively, is not applicable to this Wisconsin
case and can not be invoked to exclude the exercise of State jurisdic-
tion, citing the following: United States v. Be vans, 3 Wheaton, 336;
New Orleans v. United States, 10 Peters, 662, 737 ; Fort Leavenworth
Railroad Company v. Lowe, 114 U. S., 525; Railroad Company v.
McGlinn, 114 U.JS., 542; People v. Godfrey, 17 Johnson, 225; Crook.
Horner & Co. v. Old Point Comfort Hotel Company, 54 Fed. Rep.,
604.
Of State courts over trespasses committed on land ceded to the
United States. — When Congress has made no new regulations touch-
ing the administration of justice in civil cases with respect to actions
arising within territory which a State has ceded to the Federal gov-
ernment for the purpose of a Navy-Yard, the laws of the State in
force at the time of the cession, and the jurisdiction of its courts in
regard to private rights and remedies, remain unchanged and unaf-
fected by the act of cession. (Barrett y. Palmer, 135 N. Y., p. 336.)
Status of persons residing on ceded places. — Persons residing on
places so ceded are, in many respects, exterritorialized, so as not to
be subject to personal taxation by the State, not to acquire a pauper
settlement therein, not to be entitled to its public schools, nor to
the enjoyment of its elective franchise. Of course the property of the
United States in such places is not subject to the jurisdiction of the
State. Such ceded lands within a State are not to be made places of
JURISDICTION. 479
refuge from its civil or criminal jurisdiction, or of escape from civil
obligations due to any of its inhabitants. (Vol. 7, p. 628, Opins.
Attys. Genl.)
Same. — It was held that the persons in the employment of the
United States actually residing in the limits of the Armory at Har-
per's Ferry do not possess the civil and political rights, nor are they
subject to the tax and other obligations, of citizens of the State of
Virginia. (Vol. 6, p. 577, Opins. Attys. Genl.)
Residents on military reservations, where jurisdiction has been
ceded, not entitled to privileges of public schools, but must pay for
tuition if availed of, if charge is made by local authorities. — Resi-
dents on a military reservation over which exclusive jurisdiction has
been ceded by the State to the United States are not entitled to the
use of the public schools, nor can they legally be taxed for their sup-
port. But if allowed to avail themselves of such schools, and they
send their children to them, they can not avoid paying such charge
as the local authorities may impose in regulating admissions. Thus
held that officers stationed at Fort Trumbull, Conn., were not exempt
from paying the fee exacted by the City of New London in cases
where parents elect to send their children to a school in a district
different from that in which they reside. (Digest of Opins. J. A.
Genl., 1901, sec. G88.)
Same. — Status of persons residing on territory purchased by the
United States with consent of the legislature of the State. — By be-
coming a resident inmate of the asylum, (Soldiers' Home), a person
though up to that time he may have been a citizen and resident of
Ohio, ceases to be such; he is relieved from any obligation to con-
tribute to her revenues, and is subject to none of the burdens. which
she imposes upon her citizens. He becomes subject to the exclusive
jurisdiction of another power as foreign to Ohio as is the State of
Indiana or Kentucky or the District of Columbia. The Constitution
of Ohio requires that electors shall be residents of the State; but
under the provisions of the Constitution of the United States, and by
the consent and act of cession of the legislature of this State, the
grounds and buildings of this asylum have been detached and set off
from the State of Ohio, and ceded to another government, and placed
under its exclusive jurisdiction for an indefinite period. We are
unanimously of the opinion that such is the law, and with it we have
no quarrel; for there is something in itself unreasonable that men
should be permitted to participate in the government of a community,
and in the imposition of charges upon it, in whose interests they
have no stake, and from whose burdens and obligations they are
exempt, (John F. Sinks v. David W. Reese, 19 Ohio St. Rep., 316,
citing Commonwealth v. Clary, 8 Mass., 72, and other authorities.)
NOTE. — It would seem that Congress recognized the force of the decision in
Sinks v. Reese, supra, by the passage of an Act approved January 21, 1871,
wherein jurisdiction was ceded to the State of Ohio and relinquished by the
United States (10 Stat., 399). But see In re O'Conner (37 Wis., 379) and In re
Kelly (Circuit Court Eastern Dist. Wisconsin Dec. 17, 1895), where jurisdiction
having been ceded by the State Legislature of Wisconsin in almost the same
language, it was held, that the criminal laws of the United States which apply
only to places within their exclusive jurisdiction are not operative, the lands
not having been acquired for any of the purposes specified in the Constitutional
provision.
480 UNITED STATES MILITARY RESERVATIONS, ETC.
Status of persons residing on military reservations. — The House of
Representatives of Massachusetts submitted the following questions
to the Justices of the Supreme Judicial Court :
1. Are persons residing on lands purchased by, or ceded to the
United States, for navy-yards, arsenals, dock-yards, forts, light-
houses, hospitals, and armories, in this Commonwealth entitled to
the benefits of the State common schools for their children in the
towns where such lands are located?
2. Does such residence exempt such persons from being assessed
for their polls or estate, in the towns in which such places are located ?
3. Will such residence for the requisite length of time give such
persons or their children a legal inhabitancy in such towns, or in the
Commonwealth ?
4. Are persons so residing entitled to the elective franchise in such
towns ?
The Court in discussing the questions say : The Constitution of the
United States, Article 1, Section 8, provides that Congress shall have
power to exercise exclusive legislation in all cases whatsoever, over all
places purchased by the consent of the legislature of the State in
which the same shall be for the erection of forts, magazines, arsenals,
dock-yards and other needful buildings. The jurisdiction in such
cases is put upon the same grounds as that of the district ceded to the
United States for the seat of government, and, unless the consent of
the several States is expressly made or limited by the act of cession,
the exclusive power of legislation implies an exclusive jurisdiction;
because the laws of the several States no longer operate within those
districts. They were of opinion that where the general consent of
the Commonwealth is given to the purchase of territory by the United
States, for forts, and dock-yards, and where there is no other con-
dition or reservation in the act granting such consent, but that of a
concurrent jurisdiction of the State for the service of civil process,
and criminal process against persons charged with crimes committed
out of such territory — the Government of the United States have the
sole and exclusive jurisdiction over such territory, for all purposes of
legislation and jurisprudence, with the single exception expressed,
and consequently, that no persons are amenable to the laws of the
Commonwealth for crimes and offences committed within said terri-
tory, and that persons residing within the same do not acquire the civil
and political privileges nor do they become subject to the civil duties
and obligations of inhabitants of the towns within which such terri-
tory is situated. The Court, applying the opinion above stated, an-
swered the questions categorically as follows:
1. We are of opinion that persons residing on lands purchased by,
or ceded to, the United States for navy-yards, forts and arsenals,
when there is no other reservation of jurisdiction to the State, than
that above mentioned, are not entitled to the benefits of the common
schools for their children, in the towns in which such lands are situ-
ated.
2. We are of opinion that such residence does exempt such persons
from being assessed for their polls and estates to State, county and
town taxes in the towns where such places are situated.
3. Understanding as we do, by the terms of this question, that the
term " legal inhabitancy " is used synonymously with " legal settle-
ment," for the purpose of receiving support under the laws of this
JURISDICTION. 481
Commonwealth for the relief of the poor, we are of opinion that such
residence, for any length of time will not give such persons. or their
children a legal inhabitancy in such town.
4. We are also of opinion that persons residing in such territory do
not thereby acquire any elective franchise as inhabitants of the towns
in which such territory is situated. (See 1 Metcalf's Rep., p. 580.)
Defective cession of. — Where a State's consent to the purchase of
land by the United States provides that the State shall forever retain
concurrent jurisdiction over any such place to the extent that all legal
and military process issued under the authority of the State may be
executed anywhere on such place or in any building thereon or any
part thereof, and that any offence against the laws of the State, com-
mitted on such place, may be tried and punished by any competent
Court or Magistrate of the State, it does not satisfy the provisions of
Section 355, Revised Statutes. (Vol. 20, p. 611, Opins. Attys. Genl.)
State courts — Lands owned ~by Federal Government. — Constitution
of the United States, Article 1, Section 8, clause 17, providing that
" Congress shall have power to exercise exclusive legislation in all
cases whatsoever * * * over all places purchased " from a State,
does not deprive the State courts of jurisdiction to try actions
arising from civil wrongs committed by private persons in such
places. — Madden v. Arnold, 47 New York Supp., 757.
The foregoing case of Madden v. Arnold is discussed by General G.
Norman Lieber, Judge-Advocate-General, United States Army, in
the American Law Review (Vol. 32, No. 1, January and February,
1898), in the following article:
"Cession of Jurisdiction by States to the United States. — The
recent case of Madden v. Arnold, in the appellate division of the
Supreme Court of New York, materially helps to explain the relation
of a State to the United States as to its jurisdiction over causes of
action, other than criminal, arising within the territory jurisdiction
over which has been ceded by it to the United States. It is only
within recent years that this subject has been placed in its true light,
the leading case being Fort Leavenworth R. R. Co. v. Lowe (114 U.
S., 539). This case was followed by Chicago and Pacific Ry. Co. v.
McGlinn (114 U. S., 549), Benson v. U. S. (146 U. S., 331), In re
Kelly (71 Fed. Rep., 545), In re Ladd (74 Fed. Rep., 31), Palmer v.
Barrets (162 U. S., 399), and now by Madden v. Arnold (47 N. Y.
Suppl., 757).
" By the Constitution, the United States are invested with the
power of exclusive legislation (jurisdiction) over all places purchased
by the consent of the State in which they are, for the erection of forts,
magazines, arsenals, dock-yards, and other needful buildings. When
a place is purchased with the consent of the State, for one of the
specified purposes, this carries jurisdiction with it. Precisely what
would be included under the head of ' other needful buildings'' is not
clear, but it would seem that originally buildings of the same charac-
ter as those mentioned were intended— that is, buildings for military
or defensive purposes. (Story Const., Sec. 1224.) There could not
be coupled with such a consent to purchase, a condition which would
be inconsistent with the exclusive jurisdiction of the United States.
" But when jurisdiction over territory in a State is obtained, not by
the purchase with consent, but by express cession of jurisdiction,
16809—10 31
482 UNITED STATES MILITARY RESERVATIONS, ETC.
this, being different from the constitutional method, may be accom-
panied with conditions, even though the territory be acquired for one
of the purposes mentioned. (Fort Leavenworth R. R. Co. v. Lowe,
114 U. S., 539; Benson v. U. S., 146 U. S., 331.)
" Madden v. Arnold makes clear the right of the States to try ac-
tions arising from civil wrongs committed by private persons in such
places. In this case the plaintiff sought to recover damages against
the defendant for injuries inflicted on him by a vicious dog, on land
purchased by the United States, and over which the legislature of
New York had ceded jurisdiction, for the purpose of erecting and
maintaining thereon an arsenal, magazine, dock-yards, and other
necessary buildings; reserving to the State concurrent jurisdiction
with the United States so far as, that civil process in all cases, and
such criminal process as might be issued under authority of the State
of New York against any person charged with crimes committed
without the ceded district, might be executed therein. It was urged
by the defendant that the State court had no jurisdiction, in an
action for damages for an injury sustained within the territory pur-
chased by the United States, and jurisdiction over which had been
ceded by the State under the provisions of article 1, section 8, clause
17, of the national constitution.
" The court (the Supreme Court of New York, appellate division)
holds that Congress has the power to provide by statute for the
enforcement of civil rights in such ceded territory, and for the
recovery of damages for injuries sustained therein, in civil actions;
but that the question for it to decide was whether, in the. absence of
such legislation, the courts of New York are deprived of jurisdiction
for an injury to a citizen, such as the plaintiff sustained, committed
within the State, in territory over which jurisdiction had thus been
ceded to the United States. The place where the plaintiff was
injured was acquired by the United States, by purchase, for the pur-
pose of an arsenal, and ever since has been used as such and the State
of New York ceded exclusive jurisdiction over the territory to the
United States. Hence, under the provisions of the national consti-
tution, Congress has power to exercise exclusive legislation therein
in all cases whatsoever. (The court evidently regarded the pur-
chase, together with the cession of jurisdiction, in this case, as
amounting to a purchase with the consent of the State, under the
terms of the Constitution.) But, say the court, although the injury
to recover damages for which the plaintiff brought the action was
sustained on land over which the national government had exclusive
jurisdiction, it had no more exclusive jurisdiction over such territory
than the respective legislatures of the neighboring States of Massa-
chusetts, Pennsylvania, or Ohio have over their respective territories,
and had the injury occurred wTithin the limits of either of said States
an action could have been maintained in the Supreme Court of New
York to recover damages therefor. If an action can be maintained
in the courts of New York by a citizen thereof, for a personal injury
suffered in another State or country, there is no good reason why such
an action can not be maintained when the injury was committed in
the State of New York, on land, jurisdiction over which had been
ceded to the United States. Assuming that the place where the
plaintiff was injured, being within the exclusive jurisdiction of the
United States, was in fact like a foreign territory, not within any
JURISDICTION. 483
jurisdiction of the State of New York, the plaintiff might maintain
an action for a personal injury sustained in such place.
" This decision shows the necessity of distinguishing between crim-
inal and civil actions in the matter of cession of jurisdiction, the one
being territorial and the other nonterritorial as to the cause of action,
so far as relates to jurisdiction. Cessions of jurisdiction from the
State to the 'United States, in language like that used in the Fort
Leavenworth cession, are misleading, the language referred to being
as follows: ' Saving, however, to the said State the right to serve
civil or criminal process within said Reservation, in suits or prosecu-
tions for or on account of rights acquired, obligations incurred, or
crimes committed in said State, but outside of said cession and
reservation.' This places the civil action on the same footing with the
criminal action, for which there appears to be no reason.
" It would seem, indeed, that we have been quite misled as to the
necessity of cession of jurisdiction to the United States. The consti-
tutional provision, Article I, Section 8, clause 17, was apparently
adopted with the understanding that the United States could not
acquire land in a State without the consent of the State. It would
seem to have been the opinion of the f ramers of the constitution, said
Justice Field in the Fort Leavenworth Railroad case, that without
the consent of the States, the new government would not be able to
acquire lands within them ; and therefore it was provided that, when
it might require such lands for the erection of forts and other build-
ings for the defense of the country, or the discharge of other duties
devolving upon it, and the consent of the State in which they were
situated was obtained for their acquisition, such consent should carry
with it political dominion and legislative authority over them.
" Whatever we may think of the sufficiency of the reason for plac-
ing forts and other buildings for the defense of the country under the
exclusive jurisdiction of the United States, when we consider that
the instrumentalities of the government of the United States are free
from control by any State authority, there would seem to be no good
reason for extending the constitutional provision beyond the appar-
ent meaning of its language. The Fort Leavenworth Railroad case
is authority for holding that when jurisdiction is acquired by the
United States by cession, and not by purchase with consent, the ces-
sion may be accompanied with reservations of jurisdiction, even
though the territory be used as a military post or fort. In that case
there was a reservation of the right to tax railroad, bridge, and other
corporations, their franchises and property.
" Section 355 of the Revised Statutes prescribes that no public
money shall be expended upon any site or land purchased by the
United States for the purpose of erecting thereon any armory,
arsenal, fort, fortification, navy-yard, custom-house, light-house, or
other building of any kind whatever, until the consent of the State in
which the land or site may be to such purchase has been given.
Under this section money can not be expended on structures for river
and harbor improvement even, until jurisdiction over the site has
been obtained by the United States; for it is held that what is here
meant is that there must be a cession of jurisdiction. This certainly
is carrying the matter to an extreme. What good reason can be
given for it ? The instrumentalities of the government of the United
484 UNITED STATES MILITARY RESERVATIONS, ETC.
States can not be interfered with. Why? then, take from the juris-
diction of the States those numerous localities within their limits ? "
How long and for what purposes the municipal laws of the State
continue in force after cession of jurisdiction to the United States. —
It is a general rule of public law, recognized and acted upon by the
United States, that whenever political jurisdiction and legislative
power over any territory are transferred from one nation or sovereign
to another, the municipal laws of the country, that is, laws which are
intended for the protection of private rights, continue in force until
abrogated or changed by the new government or sovereign. By the
cession public property passes from one government to the other, but
private property remains as before, and with it those municipal laws
which are designed to secure its peaceful use and enjoyment. As a
matter of course, all laws, ordinances, and regulations in conflict with
the political character, institutions, and constitution of the new gov-
ernment are at once displaced. Thus upon a cession of political juris-
diction and legislative power — and the latter is involved in the
former — to the United States, the laws of the country in support of
an established religion, or abridging the freedom of the press, or
authorizing cruel and unusual punishments, and the like, would at
once cease to be of obligatory force without any declaration to that
effect; and the laws of the country on other subjects would neces-
sarily be superseded by existing laws of the new government upon
the same matters. But with respect to other laws affecting the pos-
session, use and transfer of property, and designed to secure good
order and peace in the community, and promote its health and pros-
perity, which are strictly of a municipal character, the rule is gen-
eral, that a change of government leaves them in force until, by
direct action of the new government, they are altered or repealed.
(Chicago and Pacific Railway Company v. McGlinn, 114 U. S. Rep.,
542. See also The American Insurance Co. v. Canter, 1 Pet., 542.)
Effect of qualified cession of jurisdiction l>y State. — Where a State
statute, in consenting to the purchase by the United States of land
within the State and ceding to the United States jurisdiction over the
same, adding that such jurisdiction should be exercised " concurrently
with " the State, Held, that this qualification was subject to the objec-
tion that it amounted to more than the mere reservation (not unfre-
quent,) of the right to serve upon the land legal process for crimes
committed outside of the same, and should therefore be regarded as
inconsistent with a grant of exclusive jurisdiction to the United States
over such land; (citing United States v. Cornell, 2 Mason, 60; United
States v. Davis, 5 Id., 356 ; 6 Opins. Attys. Genl., 578 ; 7 Id., 634 ; 8
Id., 30, 102, 417; 20 Id., 242, 298, 611), further that it so far qualified
the consent given to the purchase as to make it at least doubtful
whether, in view of the provisions of Section 355, Revised Statutes,
the Secretary of War would be authorized to expend an appropria-
tion which had been made by Congress for the erection of public
buildings on the land. (Digest of Opins. J. A. Genl., 1901, sec. 674.)
Effect of reserving right to execute process within and upon lands. —
But where a State statute, in ceding jurisdiction to the United States
over certain lands purchased within the State by the authority of
Congress as sites for public structures, added " But the State reserves
the right to execute process lawfully issued under its authority within
JURISDICTION. 485
and upon said sites," etc., advised that such reservation might prop-
erly be regarded as having the same effect as that indicated by
Attorney-General Gushing in 8 Opinions, 387, viz., as reserving
merely the right to serve process within the lands for crimes com-
mitted without the same (so as to prevent them from becoming an
asylum for fugitives from justice), and that the cession might there-
fore properly be accepted as sufficiently vesting in the United States
the exclusive jurisdiction over the premises contemplated by the Con-
stitution. (Ibid., sec. 675.)
Effect of reservation by Congress upon admitting Territory as a.
State. — When an act admitting a State into the Union, or organizing
a Territorial government, provides that the lands in possession of an
Indian tribe shall not be a part of such State or Territory, the new
government has no jurisdiction over them. (Langford v. Monteith,
102 U. S., 145.) For an example of such a reservation on the part of
Congress in the admission of a State into the Union, see the act of
July 10, 1890, (26 Stat. L., 222), admitting the State of Wyoming.
" Cession of jurisdiction " and a " consent to purchase" effect of
each — Consent to purchase coupled with inconsistent condition can
not legally ~be accepted by the United States. — A cession of jurisdic-
tion by a State to the United States may be qualified or conditional,
and cedes only so much as is specifically expressed. (Citing Fort
Leavenworth R. R. Co. v. Lowe, 144 U. S., 525.) But a consent to
purchase, as the term is intended in the constitutional provision (Art.
1, Sec. 8, cl. 17), conveys the whole or an exclusive jurisdiction. So,
where a State legislature in giving the consent to a purchase for a
constitutional purpose, couples with it a condition or qualification
inconsistent with the possession of an exclusive jurisdiction by the
United States, — as a condition that the State shall retain the same
civil and criminal jurisdiction over persons and their property on the
land that it has over other persons and property in the State — or
shall retain the right to tax persons living on the land and their
property, — Held, that the jurisdiction is not such as is designed by the
Constitution and can not legally be accepted by the United States.
(Digest Opins. J. A. Genl., 1901, sec. 678; citing Vol. 8, Opins. Attys.
Genl., 121.)
Recession of jurisdiction not necessary when military reservation
abandoned. — Held, that there was no occasion for a statutory provi-
sion ceding back, or requiring the ceding back of jurisdiction, by the
United States, to the State, when a military reservation was aban-
doned and turned over to the Interior Department under the Act of
July 5, 1884. Such provision has sometimes appeared, as in the Act
of Congress of March 3, 1819, (" authorizing the sale of certain mili-
tary sites"), as also in some of the State Acts ceding jurisdiction,
in which the grant is expressly limited to the period during which
the premises may be held for public uses by the United States. But
such provisions are deemed unnecessary, the jurisdiction ceasing of
itself with the use and occupation of the land for the purposes for
which it wras granted. It is believed to be clearly inferable from the
clause on the subject in the Constitution, (Art. 1* Sec. 8, cl. 17), that
the State relinquishes its jurisdiction only for such terms as the par-
ticular status subsists in contemplation of which it was ceded.
(Digest of opins. J. A. Genl., 1901, sec. 692.)
486 UNITED STATES MILITARY RESERVATIONS, ETC.
TAXATION.
State can not assume powers conferred upon Congress by the Con-
stitution.— Neither the unlimited powers of a State to tax, nor any
of its large police powers, can be exercised to such an extent as to
work a practical assumption of the powers properly conferred upon
Congress by the Constitution. (Railroad Company v. Husen, 95
U. S., 465.)
Property of the United States exempt from State taxation. — No
State has the power to tax the property of the United States within
its limits. (Wisconsin Railroad Company v. Price County, 133 U. S.,
496.) Property of the United States is exempt by the Constitution
of the United States from taxation under the authority of a State.
(Van Brocklin et al v. State of Tennessee et al., 117 U. S., 151.)
Lands purchased by United States at tax sale exempt while held
~by the United States. — Lands in a State which, pursuant to acts of
Congress for the laying and collecting of direct taxes, is sold, struck
off and purchased by the United States for the amount of the tax
thereon, and is afterwards sold by the United States for a larger sum,
or redeemed by the former owner, is exempt from taxation by the
State, while so owned by the United States ; and for nonpayment of
taxes assessed by the State during that time, can not be sold after-
wards. (Ibid.)
Lands of United States can not be taxed without their consent. —
Whether the property of the United States shall be taxed under the
laws of a State depends upon the will of its owner, the United States,
and no State can tax the property of the United States without their
consent. (Ibid.)
Federal property. — Property, the title of which is held by the
United States, for whatever purpose, is exempt from State taxation
while so held. (People ex rel. McCrea v. The United States, etc.,
93 111., 30.)
Levy by State of tax upon oil real estate does not include that of
the United States within its limits. — An act of a State legislature
laying a tax on all real estate, to wit, on various sorts of real estate
specified by the act, and as such shown to be private property, does
not include property of any sort of the United States within its ter-
ritory. (United States v. Weise, 28 Fed. Cases, p. 518. See, also,
Van Brocklin v. Tennessee, 117, U. S., 151.)
Same. — The general words of a statute do not include the govern-
ment or affect its rights, unless such purpose be clear and indisputable
on the face of the act. (The United States v. Griswold, 5 Saw-
yer, 25.)
Effect of reservation by State of right to tax private property in
territory wherein jurisdiction is ceded to the United States. — When a
State, in ceding to the United States exclusive jurisdiction over a
tract of land within its limits, reserves to itself the right to tax
private property therein, and the United States do not dissent, the
property and franchises of a railroad therein are liable to taxation
by the State. (Fort Leaven worth R. R. Co. v. Lowe, 114 U. S.
Rep., 525.)
Persons residing on military reservations exempt from State^
county and town tax. — Persons residing upon military reservations
TAXATION. 487
are exempt from the payment of State, County and town taxes and
therefore are not entitled to the benefits arising therefrom. (Vol. 6,
p. 577, Opins. Attys. Genl. See 1 Metcalf, 580.)
Power of taxation by States restrained when incompatible with and
repugnant to the constitutional laws of the Union. — That the power
of taxation is one of vital importance; that it is retained by the
States ; that it is not abridged by the grant of a similar power to the
government of the Union; that it is to be concurrently exercised by
the two governments; are truths which have never been denied. But,
such is the paramount character of the Constitution, that its capacity
to withdraw any subject, from the action of even this power is ad-
mitted. The States are expressly forbidden to lay any duties on
imports or exports, except what may be absolutely necessary for exe-
cuting their inspection laws. If the obligation of this prohibition
must be conceded — if it may restrain a State from the exercise -of its
taxing power on imports and exports, the same paramount character
would seem to restrain, as it certainly may restrain, a State from such
other exercise of this power, as is in its nature incompatible with, and
repugnant to, the Constitutional laws of the Union. A law, abso-
lutely repugnant to another, as entirely repeals that other as if
express terms of repeal were used. (McCulloch v. Maryland, 4
Wheat., 316, 425.)
State controlled by the Constitution of the United States in article
of taxation. — The sovereignty of the State, in the article of taxation
itself, is subordinate to, and may be controlled by, the Constitution of
the United States. How far it has been controlled by that instru-
ment, must be a question of construction. In making this construc-
tion, no principle not declared, can be admissible which would defeat
the legitimate operations of a supreme government. It is of the very
essence of supremacy to remove all obstacles to its action within its
own sphere, and so to modify every power vested in subordinate gov-
ernments, as to exempt its own operations from their own influence.
This effect need not be stated in terms. It is involved in the decla-
ration of supremacy, so necessarily implied in it, that the expression
of it could not make it more certain. (Ibid.)
States can not tax the instrumentalities of the General Govern-
ment.— If the States may tax one instrument employed by the gov-
ernment in the execution of its powers, they may tax any and every
other instrument. They may tax the mail; they may tax the mint;
they may tax patent rights; they may tax -the papers of the custom-
house; they may tax judicial processes; they may tax all the means
employed by the government, to an excess which would defeat all the
ends of government. This was not intended by the American peo-
ple. They did not design to make this government dependent on the
States. (Ibid.)
A question of supremacy. — If the controlling power of the States
be established; if their supremacy as to taxation be acknowledged;
what is to restrain their exercising this control in any shape they
may please to give it? Their sovereignty is not confined to taxa-
tion. That is not the only mode in which it might be displayed.
The question is, in truth, a question of supremacy; and if the right
of the States to tax the means employed by the general government
be conceded, the declaration that the Constitution and the laws made
488
in pursuance thereof, shall be the supreme law of the land is empty
and unmeaning. (Ibid.)
General power of taxation conferred upon the General Govern-
ment— Power exercised ~by the people of the States and ~by the States
in Congress. — The people of all the States have created the general
government, and have conferred upon it the general power of taxa-
tion. The people of all the States, and the States themselves, are
represented in Congress, and, by their representatives, exercise this-
power. When they tax the chartered institutions of the States they
tax their constituents ; and these taxes must be uniform. But, when
a State taxes the operations of the government of the United States,
it acts upon institutions created, not by their own constituents, but
by people over whom they claim no control. It acts upon the meas-
ures of a government created by others as well as themselves, for the
benefit of others in common with themselves. The difference is that
which always exists, and always must exist, between the action of the
whole on a part and the action of a part on the whole — between the
laws of a government declared to be supreme, and those of a govern-
ment which, when in opposition to those laws, is not supreme. (Ibid.
See also Osborn et al. v. The United States Bank, 9 Wheat., 738;
Providence Bank v. Billings, 4 Pet., 514, and Weston v. The City
Council of Charleston, 2 Pet., 449.)
Power of /State does not extend to means employed ~by Congress to
carry into execution ^.powers conferred upon it. — All subjects over
which the sovereign power of a State extends are objects of taxation;
but those over which it does not extend are, upon the soundest prin-
ciples, exempt from taxation. The sovereignty of a State extends to
everything which exists by its own authority, or is introduced by its
permission, but not to those means which are employed by Congress
to carry into execution powers conferred on that body by the people
of the United States. The attempt to use the power of taxation on
the means employed by the government of the Union in pursuance of
the Constitution, is itself an abuse, because it is the usurpation of a
power which the people of a single State can not give. (Weston v.
The City Council of Charleston, 2 Pet., 449; citing McCulloch v.
Maryland, 4 Wheat., 316.)
Same. — The State has no power, by taxation, or otherwise, to
retard, impede, burden, or in any manner control the operation of the
constitutional laws enacted by Congress, to carry into execution the
powers vested in the general government. (Ibid.)
Exemption of agencies of Federal Government depends upon effect
of tax — A tax upon their operations can not be upheld. — The exemp-
tion of agencies of the Federal Government from taxation by the
States is dependent, not upon the nature of the agents nor upon the
mode of their constitution, nor upon the fact that they are agents, but
upon the effect of the tax ; that is, upon the question whether the tax
does in truth deprive them of power to serve the government as they
were inclined to serve it, or hinder the efficient exercise of their power.
A tax upon their property merely, having no such necessary effect,
and leaving them free to discharge the duties they have undertaken to
perform, may be rightfully laid by the State. A tax upon their
operations, being a direct obstruction to the exercise of Federal
powers, may not be. (Railroad Company v. Peniston, 18 Wall., 5.)
TAXATION. 489
When State taxation upheld. — All State taxation which does not
impair the agent's efficiency in the discharge of his duties to the gov-
ernment has been sustained when challenged, and a tax upon his
property generally has not been regarded as beyond the power of a
State to impose. (Ibid.)
An incident of sovereignty — Right of legislation co-extensive with
jurisdiction of State — Limitations upon that right. — Taxation is a
sacred right, essential to the existence of government; an incident of
sovereignty. The right of legislation is co-extensive with the incident,
to attach it upon all persons and property within the jurisdiction
of a State. But in our system there are limitations upon that right.
There is a concurrent right of legislation in the states and the United
States, except as both are restrained by the Constitution of the
United States. Both are restrained by express prohibitions in the
Constitution, and the states, by such as are reciprocally implied,
when the exercise of the right by a state conflicts with the perfect exe-
cution of another sovereign power delegated to the United States.
That occurs when taxation by a state acts upon the instruments, and
emoluments, and persons which the United States may use and employ
as necessary and proper means to execute their sovereign power. The
government of the United States is supreme within its sphere of
action. The means necessary and proper to carry into effect the
powers in the Constitution are in Congress. (Dobbins v. Commis-
sioners of Erie County, 16 Pet, 435.)
Law of State imposing a tax upon an office, held under the United
States invalid. — The compensation of an officer of the United States
is fixed by a law made by Congress. It is in its exclusive discretion
to declare what shall be given. It exercises the discretion and fixes
the amount ; and confers upon the officer the right to receive it when it
has been earned. Any law of a state imposing a tax upon the office,
diminishing the recompense, is in conflict with the law of the United
States which secures the allowance to the officer. (Ibid.)
Limitation upon power of State to tax — State tax laws can not re-
strain action of national government. — All subjects over which the
sovereign power of a state extends are, as a general rule, proper ob-
jects of taxation, but the power of a state to tax does not extend to
those means which are employed by Congress to carry into execution
the powers conferred in the federal Constitution. (Citing McCul-
loch v. Maryland, 4 Wheat., 429.) Unquestionably the taxing power
of the states is very comprehensive and pervading, but it is not with-
out limits. State tax laws can not restrain the action of the national
government, nor can they abridge the operation of any law which
Congress may constitutionally pass. They may extend to every ob-
ject of value within the sovereignty of the state, but they can not
reach the administration of justice in the Federal Courts, nor the col-
lection of the public revenue, nor interfere with any constitutional
regulations of commerce. (Society for Savings v. Coite, 6 Wall.,
594, 605 ; citing Brown v. Maryland, 12 Wheat., 448 ; Weston et al. v.
Charleston, 2 Pet., 467.)
Officer or soldier, though not taxable officially, may be person-
ally.— An officer or soldier of the army, though not taxable officially,
may be and often is taxable personally. He is not taxable by a state
for his pay, or for the arms, instruments, uniform clothing, or other
490 UNITED STATES MILITARY RESERVATIONS, ETC.
property pertaining to his military office or capacity, but as to house-
hold furniture and other personal property, not military, he is (ex-
cept where stationed at a place under the exclusive jurisdiction of
the United States), equally subject with other residents or inhabit-
ants to taxation under the local law. (Dig. Opins., J. A. Genl., 1901,
sec. 2428.)
When post trader on military reservation liable to be taxed by civil
authorities of Territory or State. — The mere fact that a post trader
carries on business on a military reservation in a Territory can not,
(in the absence of any provision in the organic act relieving him
therefrom), affect his liability to be taxed by the civil authorities;
nor can such liability be affected by the fact that he carries on busi-
ness on a military reservation within a /State , unless exclusive juris-
diction over the same has been ceded to or reserved by the United
States. (Ibid., sec. 2027.)
Post traders may be required to take out and pay for a license
under State or Temtorial law — The legality of tax a question for
the local courts. — It was held by- Attorney-General Gushing in 1855
(7 Opins. Attys. Genl., 578), that a sutler employed at a military
post could not legally be required by the authorities of a State to
take out a license to enable him to make sales to officers or soldiers of
the army, or to pay a tax on the articles kept by him at the post for
making such sales ; and this on the ground that " the supply of goods
to the officers and soldiers of a post by the post sutler is one of the
means authorized by Congress in the exercise of the war power
intrusted to it by the Constitution." (Ibid., sec. 2026.)
Legal residence. — The fact that an officer is stationed within a par-
ticular State or Territory does not make the same his legal residence,
since he is there, not by his own will or choice, but in obedience to
the order of a superior, and moreover can have no animus manendi
subject as he is to be removed at any moment by a similar order to a
station in a different State or Territory. (Citing Graham v. Com-
monwealth, 51 Pa. St., 258 ; Wood v. Fitzgerald, 3 Oreg., 568 ; Taylor
v. Eeading, 4 Brewst., 439, and Devlin v. Anderson, 38 Cal., 92.)
Exceptions, however, to this general rule may exist in the cases of
officers who are not subject, or likely, to have their places of habit-
ancy changed by superior military authority. Such are the cases
of the officers — the chiefs of .the staff corps for instance — whose du-
ties require them to remain, or at least have their offices, permanently
in Washington; and such are also the cases of the majority of the
officers on the retired list. In any such exceptional case, the question
of residence, where it is at all doubtful, will, in the main, as in the
cases of civilians, be determined by the evidence of an animus
manendi, as exhibited by the acts and declarations of the party.
(Ibid., sec. 2177.)
Same. — If a legal residence in a certain State has once existed,
mere temporary absence, however long-continued, as the result of an
enlistment or enlistments in the army, will not destroy it. (Citing
Brewer v. Linnaeus, 36 Me., 428.) Liability to taxation, or other
liability as a resident of a certain locality, is not ordinarily affected
by the enlisting or holding of a commission in the army and the being
stationed at a place other than such locality ; the party being at such
place not by his own volition, and the animus revertendi to the orig-
TITLE. 491
inal domicile being presumed to still subsist. (Ibid., sec. 2179, citing
Jacobs, Law of Domicile, 401.)
Military reservations — Not liable to ~be assessed for public improve-
ments.— In ceding to the United States exclusive jurisdiction over a
military reservation, the act of the legislature of the State need not
specifically relinquish the right to tax, as the State independently
of any act of cession has no right to tax the means or instrumentalities
whereby the government of the United States performs its functions.
And this includes and applies to a municipality within the State as
being a part of the State and created by it. So held, that a tax levied
by the city of Buffalo, N. Y., on the lands of the Fort Porter military
reservation, for non-payment of assessments, or otherwise, was wholly
illegal and void. Similarly held, that the city authorities of High-
land Park, Illinois, were not empowered to levy on the Fort Sheridan
reservation for the improvement of adjacent lands or for other public
improvements. (Ibid., sec. 2435.)
Same. — When the absolute title to property remains in the United
States, no matter for what purpose it is acquired or held, it is not sub-
ject to State or Municipal taxation. (Am. and Engl. Ency. of Law,
Vol. 25, p. 110, and cases cited.)
Execution of State laws. — With respect to land owned by the
United States within the limits of a State, over which the State has
not parted with its jurisdiction, the United States stands in the rela-
tion of a proprietor simply ; and the State officers have the same
right to enter upon such land, or into the buildings located there, and
seize the personal property of individuals for non-payment of taxes
thereon, as they have to enter upon the land or into the buildings of
any other proprietor for the same purpose ; such right being so exer-
cised as not to interfere with the operations of the General Govern-
ment. (Vol. 14, pp. 199, 200, Opins. Attys. Genl.)
TITLE.
Authority to purchase lands. — No land shall be purchased on ac-
count of the United States, except under a law authorizing such pur-
chase. (Sec. 3T36, U. S. Eev. Stats.)
The United States may acquire title to land when taken as security
for debt.— The seventh section of the act of May 1, 1820 (3 Stat.,
568 ) , does not prevent the acquisition of the legal title to land by the
United States, when taken as security for a debt by the proper officer,
though not specially required or authorized by any particular act of
Congress. (Neilson v. Lagow, 12 Howard, 98.)
The United States may receive real property as a security for debt
and eventually acquire title thereto. — The United States, in their
political capacity, may enter into contracts, may take a bond, and may
receive real or other property as security for a debt, in cases not
previously provided for by law. This power exists as an incident to
the general right of sovereignty; and the government being a body
politic, may, within the sphere of the constitutional powers confided
to it, and through the instrumentality of the proper department to
which those powers are confided, enter into contracts not prohibited
by law, and appropriate to the just exercise of those powers. It does
not require legislation to empower the proper department to act in
492 UNITED STATES MILITARY RESERVATIONS, ETC.
making the contract or receiving the security ; the power exists as an
incident to sovereignty, and may be exercised by the proper depart-
ment if not forbidden by legislation. (Dikes v. Miller, 25 Texas
Supp., 281. See Dugan v. The United States, 3 Wheat., 172 ; The
United States v. Tingey, 5 Peters, 114; The United States v. Bradley,
10 Peters, 343 ; The United States v. Levin, 15 Peters, 290 ; Nelson v.
Lagow, 12 Howard. 107, and The United States v. Lane, 3 McLean,
366.)
Reservation for public purposes. — Decision as to the quantity of
land to be reserved for public use, and the places where to be located,
rests in the discretion of the President, subject to such regulations
as may from time to time be provided by law, either as to the particu-
lar use, the quantity, or the subsequent disposal thereof for private
use. (Vol. 6, p. 156, Opins. Attys. Gen.) " The subsequent disposal
thereof for private use " has been modified by acts of Congress, par-
ticularly the act approved July 5, 1884, which reads as follows :
" That whenever, in the opinion of the President of the United
States, the lands, or any portion of them, included within the limits
of any military reservation heretofore or hereafter declared, have
become or shall become useless for military purposes, he shall cause
the same or so much thereof as he may designate, to be placed under
the control of the Secretary of the Interior for disposition as herein-
after provided, and shall cause to be filed with the Secretary of the
Interior a notice thereof." (Act of July 5, 1884 ; 23 Stats., p. 103.)
Lands acquired by United States for public purposes are not public
lands.— Lands acquired by the United States for public uses, by pur-
chase with the consent of the States, or by an exercise of the right of
eminent domain, are not public lands, that term applying only to
" such lands as are subject to sale or other disposition under general
laws." (Newhall v. Sanger, 92 U. S., 761; Vol. 5, p. 578, Opins.
Attys. Genl.) The power over the public lands is vested in Congress
by the Constitution, without limitation, and is the foundation upon
which the territorial government rests. (U. S. v. Gratiot, 14 Pet.,
526.)
Title to lands purchased — When money can be expended — Duties
of officers. — No public moneys shall be expended upon any site or
land purchased by the United States for the purposes of erecting
thereon any armory, arsenal, fort, fortification, navy-yard, custom-
house, light-house, or other public building of any kind whatever,
until the written opinion of the Attorney-General shall be had in
favor of the validity of the title, nor until the consent of the legisla-
ture of the State in which the land or site may be, to such purchase,
has been given. The district attorneys of the United States, upon the
application of the Attorney -General, shall furnish any assistance
or information in their power in relation to the titles of the public
property lying within their respective districts. And the Secretaries
of the Departments, upon the application of the Attorney-General,
shall procure any additional evidence of title which he may deem nec-
essary and which may not be in the possession of the Officers of the
government, and the expenses of procuring it shall be paid out of the
appropriations made for the contingencies of the Departments respec-
tively. (Sec. 355, U. S. Rev. Stats.)
Examination of land titles. — Upon this subject the Hon. Caleb
Gushing spoke as follows : " Morally speaking, professionally speak-
TITLE. 493
ing, officially speaking, when the Attorney-General certifies the valid-
ity of a title he warrants it to the Government. He does not warrant
in law, as he does a piece of his own land which he sells ; but he war-
rants in honor and conscience. It is upon the sole faith of his war-
ranty, regardless of the warrantors in the deed, that the government
buys the land, and proceeds to expend, it may be, millions of the
public treasure, in the construction of edifices for the permanent use
of the United States." (Vol. 8, p. 407 Opins. Attys. Genl.)
Title to land may be acquired by the United States prior to consent
of State to the purchase. — Section 355, Revised Statutes, in prohib-
iting the expenditure of public money, for the purposes therein men-
tioned, before the consent of the State to the purchase of the land is
obtained, does not preclude the mere purchase itself. The land,
therefore, may legally be paid for, and the title thereto acquired, in
the absence of such consent. (Citing Vol. 10, p. 39, Opins. Attys.
Genl.; 15 id., 213.) Neither the constitutional provision (Art. 1,
Sec. 8, cl. 17) nor the statute (Sec. 355, R. S.) precludes the United
States from acquiring the title to the land. (Dig. Opin. J. A. Genl.,
1901, sec. '683.)
Direct tax sale — Evidence of title — Certificate. — A certificate
signed by only two of the direct-tax commissioners appointed under
the act of Congress of June 7, 1862, that land charged with the tax
had been sold to the United States is admissible in evidence in an
action brought to try the title to land. It is error to rule such a cer-
tificate void. The act of Congress contemplates a certificate of sale
though the United States becomes the purchaser. (Cooley v. O'Con-
ner, 12 Wall., 391.)
Effect of certificate as evidence — How affected. — Where lands have
been sold for an unpaid direct tax, the tax-sale certificate is, under
the act of February 6, 1863, (12 Stat., 640), prima facie evidence
not only of a regular sale, but of all the antecedent facts which are
essential to its validity and to that of the purchaser's title. It can
only be affected by establishing thajt the lands were not subject to the
tax, or that it had been paid previously to the sale, or that they have
been redeemed according to the provisions of the act. The ruling in
Cooley v. O'Conner (12 Wall., 391), that the act of Congress contem-
plates such a certificate where the United States is the purchaser reaf-
firmed. (De Treville v. Smalls, 98 U. S,, 517.)
Certificate given by commissioner prima facie evidence of regu-
larity of sale, etc. — The court reaffirms the doctrine in De Treville v.
Smalls (98 U. S., 517) , that the certificate given by the commissioners to
the purchaser of lands at a sale for a direct tax, under the act of June
7, 1862, (12 Stat, 422), as amended by the act of February 6, 1863,
(id., 640), is prima facie evidence of the regularity of the sale and of
all the antecedent facts essential to its validity and to that of his title
thereunder, and that it can only be affected by establishing that the
lands were not subject to the tax, or that it had been paid previously
to the sale, or that they had been redeemed. (Keeley v. Sanders, 99
U. S., 441; the rulings in above case and in De Treville v. Smalls
reaffirmed in Sherry v. McKinley, 99 U. S., 496).
Sale of land for taxes the highest exercise of sovereign power —
When not valid. — No sale of land for taxes, no taxes can be assessed
on any property, but by virtue of the sovereign authority in whose
494 UNITED STATES MILITARY RESERVATIONS, ETC.
jurisdiction it is done. If not assessed by direct act of the legislature
itself, it must, to be valid, be done under authority of a law enacted
by such legislature. A valid sale, therefore, for taxes, being the
highest exercise of sovereign power of the States, must carry the- title
to the property sold, and if it does not do this, it is because the assess-
ment is void. (Northern Pacific Eailroad Company v. Traill County,
115 U. S., 600.)
Devise of lands to United States void in New York. — The several
States of the Union possess the power to regulate the tenure of real
property within their respective limits, the modes of its acquisition
and transfer, the rules of its descent, and the extent to which a testa-
mentary disposition of it may be exercised by its owners. By a
Statute of New York a devise of lands in that State can only be made
to natural persons and to such corporations as are created under the
laws of the State and are authorized to take by devise. A devise,
therefore, of lands in that State to the government of the United
States is void. (United States v. Fox, 98 U. S. Kep., 315.) ^
The right of the State of New York under the reservation in the
grant of lands to the United States limited by the purposes of the
'grant. — Where certain land (now constituting part of the Fort Por-
ter Military reservation at Buffalo, N. Y.) was granted to the United
States under an act of the legislature of New York, dated February
28, 1842, " for military purposes, reserving a free and uninterrupted
use and control in the canal commissioners of all that may be neces-
sary for canal and harbor purposes." Held, That the right of the
State, under the reservation in the grant is limited by the purposes
of the grant, and that the State is not entitled to use the land for any
purpose, if thereby the use for the military purposes of the United
States will be interfered with ; yet that the State has a right to use
so much of the land as may be necessary for canal and harbor pur-
poses, when such use does not interfere with its use for the military
purposes of the government. Accordingly, held, that the Secretary
of War may permit the State of New York to use so much of the
premises for canal purposes as will not interfere with the use thereof
for military purposes. (In short, the reservation in the grant can
be deemed valid only so far as it is. not repugnant to the grant.)
(Vol. 16, p. 592, Opins. Attys. Genl.)
Conveyance upon compromise of question of title valid. — The deed
of conveyance executed to the United States on the 25th day of Octo-
ber, 1854, by the City of Carondelet, of a part of the Commons of
Carondelet upon which Jefferson Barracks are situated, having been
based upon an equitable compromise of a long-pending and doubtful
question of title, is valid. (City of St. Louis v. The United States,
92 U. S., 462.)
Lands can not be purchased nor accepted as a gift for, or donation
to, the United States in the absence of statutory authority — The word
" purchase " construed. — In the absence of statutory authority, land
can not be purchased for the United States with any more legality
than* land of the United States can be sold or disposed of. By a
provision of the Act of May 1, 1820, now contained in Section 3736,
Revised Statutes, it is declared that " No land shall be purchased on
account of the United States except under a law authorizing such
purchase." Held that the term " purchase " was to be understood
TITLE. 495
in its legal sense, as embracing any mode of acquiring property other
than by descent (citing Vol. 7, pp. 114, 121, Opins. Attys. Genl. and
Ex parte Hebard, 4 Dillon, 344) ; and that therefore the Secretary
of War would not be empowered to accept a gift of land or inter-
est in land, for any use or purpose independently of statutory au-
thority. (Concurred in by an opinion of the Attorney-General in
Vol. 16, p. 414, Opins. Attys. Genl.) And similarly held as to the
construction of the same word (" purchase "), as employed in Section
355, Revised Statutes, and advised that an appropriation of public
money could not legally be expended for the erection of a public
building upon land donated to the United States, until the Attorney-
General had approved the title, and the legislature of the State in
Avhich the land was situated had given its consent to the grant.
(Digest Opins. J. A. Genl., 1901, sec. 2105, citing Vol. 10, p. 35, and
Vol. 15, p. 212, Opins. Attys. Genl. to the effect that under the implied
authority contained in Sec. 1838, Rev. Stats., lands required as sites
for forts, arsenals, etc., or needful public buildings, may be purchased
(or acquired by gift) without the consent of the State, though in the
absence of such consent, public money can not, in view of the pro-
visions of Sec. 355, legally be expended upon the buildings.}
Title to soil under tide water. — It is a well-settled rule of law in
this court that absolute property in, and dominion and sovereignty
over, the soils under the tide waters in the original States were
reserved to the several States, and that the new States since admitted
have the same rights, sovereignty, and jurisdiction in that behalf as
the original States possess within their respective borders. Upon
the acquisition of the territory from Mexico the United States
acquired the title to tide lands equally with the title to upland ; but
with respect to the former they hold it only in trust for the future
States that might be erected out of such territory. (Knight v.
United States Land Association, 142 U. S. Rep., 182, citing Martin v.
Waddell, 16 Pet., 367, 410; Pollard v. Hogan, 3 How., 212, 229;
Goodtitle v. Kibbe, 9 How., 471, 478; Mumford v. Wardwell, 6
Wall., 423, 436; and Weber, v. Harbor Commissioners, 18 Wall.,
57, 65.)
The United States hold public lands by virtue of deeds of cession
and statutes, not by sovereignty. (Pollard's Lessee v. Hogan, 3
How., 212.)
Title to shores of navigable waters and the soil under them. — The
shores of navigable waters and the soil under them were not granted
by the Constitution to the United States, but reserved to the States
respectively. And the new States have the same rights as the origi-
nal States, (Ibid.)
Reservation. — The President may reserve from sale and set apart
for public use parcels of land belonging to the United States, and
may modify a reservation previously made. (Grisar v. McDowell,
6 Wall., p. 364.)
Validity of Executive order rests on established and recognized
power in the President — Power recognized by Congress. — The valid-
ity of the Executive Order rests, not on the Statute, but on a long-
established and long-recognized power in the President to withhold
from sale or settlement, as he may deem proper. Congress recog-
nized this power in the Oregon legislation which, while not granting,
496 UNITED STATES MILITARY RESERVATIONS, ETC.
simply sought to restrict that already existing. When Congress
creates an exception from a power, it necessarily affirms the existence
of such power, and hence the well-known axiom that the exception
proves the rule. Congress has recognized this power in the President
by various acts, notably May 29, 1830 (4 Stat, 421), and September
4, 1841 (5 Stat., 456). The Supreme Court has adjudged the exist-
ence of the power in the President. (Wolcott v. Des Moines Com-
pany, 5 Wall., 681; Grisar v. McDowell, 6 Wall., 363; Wolsey v.
Chapman, 101 U. S., 755; Williams v. Baker, 17 Wall., 144; Wilcox
v. Jackson, 13 Pet., 498).
^State can not regulate transfer of lands of United States — State's
right of eminent domain does not extend over property of United
States. — No State can, by her laws, regulate the mode by which the
lands of the United States shall pass into private right and individ-
ual property in opposition to the laws of the United States. The
State of Illinois has undoubted right to dispose of its own property
as it shall seem expedient ; and it has the right of eminent domain,—
that is, to take private property to public use, making just compensa-
tion to owner. But this right of eminent domain does not extend to
the taking of the public property of the Government of the United
States. Therefore, The Chicago and Rock Island Railroad Company
and Railroad Bridge Company can not lawfully enter upon and use,
for the purpose of a road, or for any other object, the military reser-
vation of Rock Island, under pretense of authority from the State of
Illinois. (Vol. 6, p. 670, Opins. Attys. Genl.)
Reservation of land — When made at request of the Secretary of
War equivalent to order of President. — A reservation of lands, made
at the request of the Secretary of War, for purposes in his depart-
ment, must be considered as made by the President of the United
States within the terms of the act of Congress. (Wilcox v. Jackson,
13 Peters, 498.)
Land once legally appropriated, no longer part of the public
land. — Whensoever a tract of land shall have once been legally
appropriated to any purpose, from that moment the land thus appro-
priated becomes severed from the mass of public lands ; and no subse-
quent law, or proclamation, or sale, would be construed to embrace it,
or to operate upon it ; although no other reservation were made of it.
(Ibid.)
Question as to when title passes from United States settled by laws
of United States. — Whenever the question in any court, State or Fed-
eral, is whether the title to property which had belonged to the
United States has passed, that question must be resolved by the laws
of the United States. But whenever the property has passed, accord-
ing to those laws, then the property, like all other in the State, is sub-
ject to State legislation ; so far as that legislation is consistent with
the admission that the title passed and vested according to the laws
of the United States. (Ibid.)
Reservation in Montana not limited to 61$ acres — Limitation in act
of February _/.£, 1853, applies to Oregon only — Power of President. —
By Executive Order of August 5, 1888, 50 acres of land were added to
the Fort Missoula military reservation, which was originally estab-
lished with an area of 640 acres by Executive Order of February 19,
1877. The land covered by these orders was formerly within the Ter-
TITLE. 497
ritory of Oregon; but under the act of March 2, 1853, chapter 90,
establishing the Territory of Washington, it fell within the latter
Territory; and when the Territory of Montana was created, by the
act of May 26, 1864, chapter 95, it became a part of that Territory,
and so remained at the time said orders were issued. By the act of
February 14, 1853, chapter 69, it was provided that all reservations
theretofore as well as thereafter made under the act of September 27,
1850, chapter 76 (which applies to Oregon only), should as to forts
be limited to not exceeding 640 acres at any one place ; and the afore-
said act of May 26, 1864, declared that all laws of the United States
not locally inapplicable shall have the same force and effect within
the Territory of Montana as elsewhere within the United States:
Held, that the act of 1864 was intended to give effect in Montana only
to such general laws of the United States as were not inapplicable to
that Territory and not to legislation of a special or local character ;
that the limitation of 640 acres was not made operative thereby in
Montana ; that the President was fully empowered to make the order
of August 5, 1888 ; and that while such order remained unrevoked the
land covered thereby is not open to entry or settlement. (Vol. 19, p.
370, Opins. Attys. Genl.)
Regulations of Attorney -General respecting evidences of titles. —
The following regulations have been prepared for the convenience of
those who may have occasion to draw conveyances, make abstracts, or
collect evidence of title to lands in cases where it may be the duty of
this office to certify concerning the validity of title. A strict observ-
ance of them will greatly facilitate the examination, as well as tend to
correct conclusions:
1. The deed from the vendor to the United States and their assigns
must be acknowledged according to the laws of the State, District,
or Territory where the land lies.
2. A plot or draft of the land should be furnished, showing the
boundary lines, their courses and distances, and the adjoining owners,
streets, rivers, or other waters.
3. Where the property proposed to be sold consists of more than
one piece, the titles to which are derived through different persons,
the dividing lines must be traced on the draft, and the separate
pieces distinctly marked.
4. It is necessary to have an accurate and full abstract of the title,
showing its transmission from the original source to the vendor, with
each transfer noted in the proper order of time, the name of each
grantor and grantee written at length, with dates showing when the
several conveyances were executed, acknowledged, and recorded.
This abstract must note every fact on which the validity of the title
depends, whether it be proved by matter of record, by deed, or en pais.
5. The abstract must be verified, by being accompanied either with
the original documents it refers to, or else with copies legally authen-
ticated.
6. The title papers must all be marked with numbers corresponding
to the numbers under which they are arranged in the abstract.
7. When an estate in the land has passed by devise, the will and
the probate must be shown, and if the devisee is not named, proof of
his identity will be required.
16809—10 32
498 UNITED STATES MILITARY RESERVATIONS, ETC.
8. Where it has descended from an intestate ancestor to his heirs,
satisfactory proof of the condition and number of the decedent's
family must be given.
9. If the estate has passed by a judicial sale, or by a sale under the
order of any court, or if it has been divided by proceedings in parti-
tion, the regularity of the sale or partition must be shown by a copy
of the record.
10. The foreclosure of a mortgage can be shown only by an
authentic copy of the proceedings had for that purpose.
11. When the wife of a grantor has not joined in a deed, some evi-
dence must be given that he was unmarried at the time, or that his
wife is since dead.
12. If the grantor be a woman, it must be shown that she was
unmarried at the date of the deed from her.
13. When a deed is executed by the heirs of a person within twenty-
one years after his death, evidence will be required to show that they
were of full age at the time of the grant.
14. When the title has passed through a corporate body, the charter
must be produced and the authority of the officer who granted away
the estate must be shown.
15. When the estate has been conditional, it will be necessary to
furnish clear proof that the conditions have been fulfilled or lawfully
excused.
16. When the title depends on statute law, other than the public
laws of the United States ; upon a local law, differing from the gen-
eral rule of the common law; upon a public document, or upon his-
tory, the books relied on to establish it should be accurately referred
to and the page noted.
17. Presumptions arising from lapse of time will be allowed the
weight given to them by the judicial tribunals of the State where the
land lies. An apparent defect in an old deed need not be explained,
if the possession of the property has been according to such deed for
thirty years or upward.
18. A title offered to the United States will not be regarded as
invalid on account of an outstanding title which has been barred by
a legal limitation. But in all cases where time is relied on to extin-
guish an outstanding title, the party must show by clear proof, not
only an adverse possession for the full period, but also that there are
no persons who have rights that may be saved by exceptions to the
statute.
19. Before sending the papers to this office for examination, they
should be submitted to the attorney of the United States for the dis-
trict in which the land lies. It will be his duty to certify an opinion
on the whole title and to state particularly whether the local laws are
correctly given, the papers properly authenticated, and the facts es-
tablished by satisfactory proof. (Opins. Attys. Genl., Vol. 9, p. 528.)
INDEX.
A.
Page.
Adams, Fort, R. 1 337
Admiralty Head (Land at), Wash. (Fort Casey) 426
Agate Passage (Port Madison), Wash 438
Aguadilla, Porto Rico 334
Aibonito, Porto Rico 334
Alcatraz Island, Cal 19
Alexandria National Cemetery, La 130
Alexandria National Cemetery, Va 394
Allegheny Cemetery (Soldiers'Lot), Pa 304
Alton Cemetery (burial lot for prisoners of war), 111 96
Amaknak Island, Alaska 10
Anastasia Island, Fla 45
Anderson ville National Cemetery, Ga 57
Andrew, Fort, Mass 165
Andrews, Fort, Mass 166
Angel Island, Cal. (Fort McDowell) 22
Angeles, Luzon, P. I. (Camp Stotsenberg) 326
Annapolis National Cemetery, Md 153
Antietam Battlefield, Md 154
Antietam National Cemetery, Md 157
Apache, Fort, Ariz 13
Aqueduct Bridge, D. C 41
Aqueduct Bridge, Va • 395
Arcadia Target Range, Mo 213
Arlington (see also Fort Myer), Va 397
Arlington National Cemetery, Va 400
Armistead, Fort, Md 159
Army building, N. Y 241
Army and Navy General Hospital, Ark 15
Ashland Cemetery (Soldiers' Lot), Pa 304
Assinniboine, Fort, Mont 217
Augusta Arsenal, Ga 58
Augusta National Cemetery, Me 138
B.
Baguio, Luzon (Camp John Hay), P. 1 325
Baker, Fort, Cal. (Lime Point) 19
Baldwin , Fort, Me 139
Ball's Bluff National Cemetery, Va 400
Banks, Fort, Mass 169,172
Barrancas, Fort, Fla 45
Barrancas National Cemetery, Fla 46
Barry, Fort, Cal 19
Batangas, Luzon, P. I. (Camp McGrath) 326
Batan Island, P.I 323
Baton Rouge National Cemetery, La 131
Battery Bienvenue, La 132
Battle Ground National Cemetery, D. C 41
Batton Island, Fla 46
Baxter Springs National Cemetery, Kans 119
Bayambang, Luzon, P. I. (Camp Gregg) 325
499
500 INDEX.
Page.
Bay Point, S. C 344
Bayard, Fort, N. Mex 237
Bayside (Point Comfort), N. J 232
Beacon Island, N. C 288
Beaufort National Cemetery, S. C 345
Bedloe's Island, N. Y. (Fort Wood) 286
Bellona Arsenal, Va 400
Benicia (Post and Arsenal), Cal 20
Benjamin Harrison, Fort, Ind 110
Beverly Gun House, Mass 173
Beverly National Cemetery, N. J 232
Biliran Island, P. I 323
Birches, Alaska 7
Bliss, Fort, Tex 373
Boca Grande Island, Fla. (Cayo Costa Island) 47
Boise Barracks, Idaho 94
Bongao, P. 1 324
Brady, Fort, Mich 198
Brady, Fort, Target Range, Mich 199
Brothers and Sisters and Marin Islands, The, Cal 21
Brown, Fort, Tex 374
Brownsville National Cemetery, Tex 376
C.
Cacraray, P. 1 324
Calumpan Point, P. 1 329
Camp Bumpus, P. 1 324
Camp Butler National Cemetery, 111 96
Camp Chase Cemetery, Ohio 298
Camp Connell (Calbayog), P. 1 324
Camp Downes, P. 1 324
Camp Eldridge, P. 1 325
Camp Gregg, P. 1 325
Camp John Hay, P. 1 325
Camp Jossman, Guimaras, P.I 325
Camp Keithley, P. 1 326
Camp McGrath, P.I 326
Camp Nelson National Cemetery, Ky 128
Camp Overton, P. 1 326
Camp Stotsenberg, P.I 326
Camp Wallace, P. 1 326
Camp Wilhelm, P. I 327
Canby, Fort (Cape Disappointment), Wash 425
Canoe Island, Wash 425
Cape Disappointment, Wash. (Canby, Fort) 425
Cape Fanshaw, Alaska 7
Carlisle Barracks, Pa 304
Carroll, Fort, Md 159
Casey, Fort, Wash 426
Castle Island, Mass. (Independence, Fort) 176
Castle Pinckney, S. C ' 359
Caswell, Fort, N. C 289
Cave Hill National Cemetery, Ky 126
Cayo Costa Island (or Boca Grande Island), Fla 47
Cebu, P. I. (Warwick Barracks) 331
Cedar Keys, Fla
Cemetery Lot (near Cincinnati), Ohio 298
Challam Point (land opposite), Wash 428
Challam Point, Wash 428
Chalmette Monument, La 133
Chalmette National Cemetery, La 133
Chattanooga National Cemetery, Tenn 363
Chena, Alaska 7
Chesapeake Bay (Middle Grounds), Va 410
Chestochena, Alaska 7
INDEX. 501
Page.
Chickamauga and Chattanooga National Park, Ga 58
Chickamauga and Chattanooga National Park, Tenn. (See Georgia) 68
China or White Hall Cemetery (Soldiers' Lot), Pa 304
Chinook Point, Wash. (Fort Columbia) 428
Cincinnati, Ohio. (Cemetery Lot) 298
Circle, Alaska 7
City Point National Cemetery, Va 401
Clark, Fort, Tex 377
Clarks Point, Mass. (Fort Rodman) 185
Clinch, Fort, Fla 47
Cold Harbor National Cemetery, Va 401
Columbia, Fort, Wash 428
Columbia Harmony Association (Burial Site), D. C 41
Columbus Barracks, Ohio 299
Constitution, Fort, N. H 229
Constitution Island, N. Y 282
Copper Center, Alaska 7
Cordova, Alaska 7
Corinth National Cemetery, Miss 204
Coronado Beach, Cal 21
Craney Island, Va 403
Crawford, Fort, Military Reservation, Wis 449
Crockett, Fort, Tex 377
Crook, Fort, Nebr 222
Crown Hill National Cemetery, Ind 113
Cuartel Meisic, P. I 328
Cuba, Reservation No. 1 36
Cuba, Reservation No. 2 37
Cuba, Reservation No. 3 37
Culpeper National Cemetery, Va 403
Custer's Battlefield Reservation National Cemetery, Mont 221
Gushing Island, Me. (Fort Levett) 142
Cypress Hills National Cemetery, N. Y 241
D.
Bade, Fort, Fla 48
Danville National Cemetery, Ky 126
Danville National Cemetery, Va 403
Daraga, P. 1 327
D. A. Russell, Fort, Wyo 451
D. A. Russell, Fort, Target and Maneuver Reservation, Wyo 453
David's Island, N. Y. (Fort Slocum) 268
Davis, Fort, Alaska 10
Dead Man's Island, Cal 21
Deception Pass (North Side), Wash 429
Deception Pass (South Side), Wash 429
Deer Island, Mass 173
Delaware, Fort, Del 38
Delta, Alaska 7
Department of the Missouri, Headquarters, Nebr 223
De Russy, Fort, Hawaii 90
Des Moines, Fort, Iowa 115
Des Moines, Fort, Target Range, Iowa 116
De Soto, Fort, Fla 48
Diamond Head, Hawaii 92
District of Columbia Magazine, D. C 41
Donnelly's, Alaska 7
Double Bluff, Wash 429
Douglas, Fort, Utah 388
Drum, Fort, P.I 327
Duchesne, Fort, Utah 390
Dumplings (Fort at), R. I. (See Fort Wetherill) 342
DuPont, Fort, Del 39
Dutch Island, R. I. (Fort Greble) 340
Dyea, Alaska 10
502 INDEX.
E.
Page.
Eagle Pass (Subpost of Clark, Fort), Tex 379
Edgecomb, Fort, Me 139
Egbert, Fort, Alaska 10
Egmont Island, Fla. (Fort Dade) 48
Estado Mayor, P. 1 328
Ethan Allen, Fort, Vt 391
F.
Fairbanks, Alaska 7
Fajardo (Islands near), P. R 334
Fayetteville National Cemetery, Ark 16
Ferry Point, Va 405
Finn's Point, N. J. (Mott, Fort) 233
Finn's Point National Cemetery, N. J 235
Five Mile Point, Conn. (Light House Point) 35
Flag Island, Fla 48
Flagler, Fort, Wash. (Marrowstone Point) 430
Florence National Cemetery, S. C 345
Foote, Fort, Md 159
Ford's Theater Property, D. C , 41
Forest Hill Cemetery (Soldiers' Lot), Wis 448
Forest Home Cemetery (Soldiers' Lot), Wis 448
Fort Donelson National Cemetery, Tenn 364
Fort Gibson National Cemetery, Okla 299
Fort Harrison National Cemetery, Va 408
Foster, Fort, Me 139
Frank, Fort, P. 1 327-329
Foulweather Point, Wasji 431
Frankford Arsenal, Pa 305
Frankfort(Soldiers'Lot),Ky 126
Fredericksburg National Cemetery, Va 405
Fred Steele, Fort (Cemetery), Wyo 456
Fremont, Fort, S. C 346
G.
Gaines, Fort, Ala 4
Gakona, Alaska
Galveston Island, east end of, Tex 379
Gasparilla Island, Fla
George Wright, Fort, Wash 431
Gerrish Island, Me. (Fort Foster) 139
Getty, Fort, R. I 339
Gettysburg National Cemetery, Pa
Gettysburg National Park, Pa 306
Gibbon, Fort, Alaska
Gibbon, Fort, Alaska (Signal Corps Reserve)
Gig Harbor, Wash 432
Glendale National Cemetery, Va 406
Gloucester Gun House, Mass
Gloucester, Wigwam Point, Mass 174
Goat Island (Yerba Fuena), Cal 29
Goat Island (Walcott, Fort), R. 1 343
Goat Island (Fort Whitman), Wash 445
Goose Island, Wash 432
Gorges, Fort, Me 139
Governor's Island (Jay, Fort), N.Y 248
Governor's Island, Mass. (Winthrop, Fort) 197
Graceland Cemetery, 111
Grafton National Cemetery, W. Va 447
Grant, Fort, Ariz
Great Gull Island, N. Y. (Fort Michie)
Greble, Fort, R. I
Green Lawn Cemetery, Ind
Green Mount Cemetery (Soldiers' Lot), Vt
INDEX. 503
Page.
Greene, Fort, R. 1 340
Griswold, Fort, Conn 31
Grover's Cliff, Mass. (Fort Heath) 174
Guantanamo Bay, Cuba 36
Guimaras, P. I. (Camp Jossman) 325
Gulkana, Alaska 7
H.
Hale, Fort, Conn 33
Hamilton, Fort, N. Y 242
Hampton National Cemetery, Va 406
Hancock Barracks, Me 140
Hancock, Fort, N. J. (at Sandy Hook) 233
Harrison, Fort, Mont 218
Harrison, Fort, National Cemetery, Va 408
Harrison, Benjamin, Fort, Ind 110
Hawkin's Point, Md. (Fort Armistead) 159
Hazen Monument, Tenn 364
Heath, Fort, Mass 172,174
Henry Barracks, P. R , 334
H. G. Wright, Fort, N. Y 247
Hilton Head, S. C , 347
Hogan, Alaska 7
Honolulu, Lots in, Hawaii 91
Hood's, Fort at, Va 408
Hood's Head, Wash 432
Hope Island, Wash 433
Hot Springs, Alaska
Hot Springs Reservation, Ark 16
Howard, Fort, Fla. (Cedar Keys) 47
Howard, Fort, Md 160
Huachuca, Fort, Ariz 14
Hughes, Fort, P. 1 328-329
Hunt, Fort, Va. (Sheridan's Point) 409
I.
Independence, Fort (Castle Island), Mass 176
J.
Jackson Barracks, La 133
Jackson, Fort, La 134
Japonski Island, Alaska 11
Jay, Fort, N. Y '. 248
Jefferson Barracks, Mo 214
Jefferson City National Cemetery, Mo 215
Jefferson ville Depot, Ind 113
Jolo, P. I 327
Jossman, Camp, Guimaras, P. 1 325
K.
Kahauiki, Hawaii (Fort Shafter) 93
Kalia, Hawaii (Fort De Russy) 90
Kaltag, Alaska 8
Kamehameha, Fort, Hawaii 91
Kapahuli, Hawaii (Fort Ruger) 92
Kennebec Arsenal, Me 141
Keogh, Fort, Mont 219
Keokuk National Cemetery, Iowa 117
Ketchumstock, Alaska 8
Keystone, Alaska 8
Key West Barracks, Fla 49
Key West Cemetery, Fla 50
Kitsap County, Lands in, Wash 436
504 INDEX.
Page.
Knox, Fort, Me. 141
Knoxville National Cemetery, Tenn 365
Kokrines, Alaska 8
Koyukuk, Alaska 8
L.
Lafayette National Cemetery (Soldiers' Lot) Pa 316
Lafayette, Fort, N. Y 248
Laguna Merced, Cal 21
Lakeside Cemetery, Mich 199
Laurel Cemetery (Soldiers' Lot), Md 161
Lawton, Fort, Wash. (Magnolia Bluff) 433
Leavenworth, Fort, Kans 120
Leavenworth, Fort, National Cemetery, Kans 122
Lebanon National Cemetery, Ky 127
Lebanon Cemetery (Soldiers' Lot), Pa 317
Lee, Fort, Mass 177
Leon Springs Target and Maneuver Range, Tex 379
Levett, Fort, Me. (Gushing Island) 142
Lexington National Cemetery, Ky 127
Light-House Point, Conn 35
Lime Point, Cal. (Fort Baker) 19
Lincoln, Fort, N. D 295
Liscum, Fort, Alaska
Liscum, Fort, Target Range, Alaska
Little Rock National Cemetery, Ark 16
Livingston, Fort, La * 134
Logan, Fort, Colo 29
Logan, Fort, Target Range, Colo 31
Logan H. Roots, Fort, Ark 17
Long Island, Me 143
Long Island, Mass. (Fort Strong)
Long Point (Provincetown), Mass 178
Lopez Island (Northwest Portion), Wash 435
Lopez Island (Southwest Portion), Wash 435
Los Banos, Luzon, P. I. (Camp Eldridge) 325
Loudon Park National Cemetery, Md , 161
Lovell's Island (Fort Standish, New), Mass 193
Lowden, Alaska
Lucena, Luzon, P. I. (Camp Wilhelm) 327
Lyon, Fort, Me 143
M.
Machias, Fort, Me 145
Mackinac, Fort, Mich
Mackinac Island National Park, Mich
Macomb, Fort, La 135
Macon, Fort, N. C 290
Madison Barracks (Post), N.Y 249
Madison Barracks (Stony Point Target Range), N.Y 253
Madison, Fort, Me 146
Magnolia Bluff, Wash. (Fort Lawton)
Malabang, Mindanao, P.I 328
Malate Barracks, P. 1 329
Manila Bay, Luzon, P. I
Manila, P. I., Reservations at
Mansfield, Fort, R. 1 341
Marietta National Cemetery, Ga
Marin Islands, Cal. (Brothers and Sisters Islands)
Marion, Fort, Fla ..-.
Marivales, P. 1 329
Marrowstone Point, Wash. (Fort Flagler) 430
Martello Tower No. 1, Fla
Martello Tower No. 2, Fla r 52
INDEX. 505
Page.
Mason, Fort, Cal 22
Massachusetts, Fort, Miss. (Ship Island) 205
Mayaguez, P. R 335
McCallum's Alaska 8
McClary, Fort, Me 143
McDowell, Fort, Cal 22
McHenry, Fort, Md 161
Mclntosh, Fort, Tex 380
McKenzie, Fort, Wyo 453
McKinley, Fort, Me 145
McPherson, Fort, Ga 82
McPherson, Fort, National Cemetery) Nebr 223
McPherson, Fort, Rifle Range, 'Ga 83
McRee, Fort, Fla 50
Meade, Fort, S. Dak 361
Mechanic's Cemetery (Soldiers' Lot), Pa 317
Melozi, Alaska 8
Memphis National Cemetery, Tenn 365
Mentasta, Alaska 8
Mexico National Cemetery (City of Mexico), Mexico ~ 198
Michie, Fort, N. Y 254
Middle Grounds, Chesapeake Bay, Va 410
Middle Point and Orchard Point, Wash 436
Mifflin, Fort, Pa 317
Miley, Fort, Cal. (Point Lobos) 23
Military and Naval Cemetery near Sitka, Alaska 9
Military Road, Va 417
Militia Target Ranges:
Arizona —
Near Phoenix 14
Near Tucson 14
Delaware 40
Florida 52
Georgia 84
Iowa 118
Maine 146
Michigan —
Ann Arbor 200
Big Rapids 200
Detroit 200
Flint 200
Grand Rapids 200
Kalamazoo 201
Saginaw 201
Missouri 216
North Carolina 292
Oklahoma 300
Oregon 302
South Dakota 362
Tennessee 366
Mills, Fort, P. 1 329
Mill Springs National Cemetery, Ky 128
Minto, Alaska 8
Missoula, Fort, Mont 220
Missouri (Hdqrs. Dept. of), Nebr 223
Missouri Timber Reserve, Mo. (Fort Leavenworth, Kans.) 120
Mobile Bay, Islands in, Ala 4
Mobile National Cemetery, Ala 4
Molate Island, Cal 24
Montgomery, Fort, N. Y 255
Monument Site (Red Bank), N. J 236
Monument Site, Wyo 456
Monroe, Fort, Va 410
Montague Point, Alaska 8
Monterey, Presidio of, Cal 24
Moreno Point Reservation, Fla 52
506 INDEX.
Page.
Morgan, Fort, Ala 5
Mott, Fort, N. J 235
Moultrie, Fort, S. C. (Sullivans Island) 348
Mound Cemetery (Soldiers' Lot), Wis 449
Mound City National Cemetery, 111 97
Mound City (Soldiers' Burial Lot), Kans 122
Mullet Island (Fort De Soto), Fla 48
Myer, Fort (Arlington), Va 397? 417
N.
Nahant, Mass. (Land at) 178
Narrows Island, Me 146
Nashville National Cemetery, Tenn 366
Natchez National Cemetery, Miss 205
National Cemetery of Custer's Battlefield, Mont 221
Nee-ah Harbor (East side of), Wash 436
Nee-ah Harbor (West side of), Wash 436
Nelson, Fort, Va 417
Nenana, Alaska 8
New Albany National Cemetery, Ind 114
Newbern National Cemetery, N . C 292
New Dungeness Harbor (Lands North side of), WTash 437
New Dungeness Harbor (Lands South side of), Wash 437
Newport Barracks, Ky 128
Newton, Fort, N. Y 257
New York Arsenal, N. Y 257
Niagara, Fort, N. Y 257
Niobrara, Fort, Nebr 223
Nome, Alaska 8
Nonucan, Mindanao, P. I. (Camp Overton) 326
Norfolk, Fort, Va 418
North Coronado Beach Island (Fort Pio Pico), Cal 24
Northfork, Alaska 8
North Point, Md. (Fort Howard) 160
Nulato, Alaska 8
O.
Oakdale Cemetery, Iowa 118
Oak Woods National Cemetery, 111 97
Odd Fellows' Cemetery (Soldiers' Lot), Pa 318
Ogden Observatory, Utah 390
Oglethorpe, Fort, Ga 84
Oglethorpe Fort, Target Range, Ga 84
Old Woman, Alaska -? 8
Omaha Depot, Nebr 225
Omaha, Fort, Nebr 226
Ontario, Fort, N. Y 258
Ormoc, Leyte, P. I. (Camp Downes) 325
Orchard Point, Middle Point and, Wash 436
P.
Parang, Mindanao, P. I 329
Pasay, P. 1 330
Paxon's, Alaska 9
Pea Patch Island, Del. (Delaware, Fort) 38
Pelican Spit, Tex 381
Pensacola Military Reservation, Fla 53
Perdido Bay, west side of entrance to, Ala
Perdido Bay, east side of entrance to, Fla 53
Philadelphia National Cemetery, Pa
Philadelphia Quartermaster's Depot, Pa 318
Phil Kearney, Fort, R. 1 341
Phoenix, Fort, Mass 182
Pickering, Fort (Winter Island), Mass -. 182
INDEX. 507
Page.
Pickens, Fort, Fla 53
Pike, Fort, La 135
Pio Pico, Fort, Cal 24
Pittsburg Landing National Cemetery, Tenn. (Shiloh National Cemetery) 366
Pittsburg Storage and Supply Depot, The, Pa 319
Pittsfield (Land at), Mass 183
Plattsburg Barracks, N. Y 260
Plumb Island (Kings County), N. Y 262
Plum Island (Suffolk County), N. Y. (Fort Terry) "269
Point Adams (Stevens, Fort), Greg 302
Point Comfort, N. J. (Bayside) 232
Point Defiance, Wash 437
Point, Fort, Tex. (San Jacirito) 383
Point Hudson, Wash 438
Point Lobos, Cal. (Miley, Fort) 23
Point Loma (San Diego Harbor), Cal. (Rosecrans, Fort) 26
Point Lookout National Cemetery, Md 163
Point Peter, Ga 85
Point Spencer, Alaska 12
Point Wilson, Wash. (Worden, Fort) 445
Popham, Fort, Me 146
Poplar Grove National Cemetery, Va 418
Porter, Fort, N. Y 263
Portsmouth Gun House, N. H 230
Portsmouth, reservation at, N. H 230
Port Hudson National Cemetery, La 136
Port Madison (Agate Passage), Wash 438
Potomac Highway Bridge, Va 419
Preble, Fort, Me 147
Presidio of Monterey, Cal 24
Presidio of San Francisco, Cal 25
Presque Isle, Pa . 321
Proctor's Landing Military Reservation, La 136
Prospect Hill Cemetery (Soldiers' Lot), Pa 323
Prospect Hill Cemetery (Soldiers' Lot), Vt 393
Protection Island (Land opposite to), Wash - 438
Protestant Cemetery (Soldiers' Lot), Wis 449
Provincetown, Mass. (Long Point) 178
Puget Sound (at Narrows of), Wash. (Vashon Island) 443
Pulaski, Fort, Ga 85
Punchbowl Hill, Hawaii 91
Puuloa, Hawaii 92
R.
Raleigh National Cemetery, N. C 293
Rampart, Alaska 9
Rapids, Alaska 9
Red Bank, N. J 236
Reno, Fort, Okla 300
Revere, Fort, Mass 183
Richardson, Alaska 9
Richmond National Cemetery, Va 419
Riley, Fort, Kans 122
Ringgold, Fort, Tex 381
Robinson, Fort, Nebr. 227
Rock Island Arsenal, 111 98
Rock Island National Cemetery, 111 101
Rock Island (Western approach to), Iowa 118
Rock Point, Md. (Fort Small wood) 163
Rodman, Fort, Mass 185
Rosecrans, Fort, Cal. (Point Loma) 26
Rose Island, R. I 341
Round Top and Sugar Loaf, Hawaii 92
Ruger, Fort, Hawaii 92
Russell, D. A., Fort, Wyo 451
Russell, D. A., Fort, Target and Maneuver Reservation, Wyo 453
508 INDEX.
s.
Page.
Sabino Head (Baldwin, Fort), Me 139
Safety Harbor, Alaska 9
Sag Harbor, N. Y 267
Sama, Alaska 9
Salcha, Alaska 9
Salem (Lot in), Mass 187
Salem Gun House, Mass 187
Salisbury Beach, Mass 187
Salisbury National Cemetery, N. C 293
Sam Houston, Fort, Tex 383
San Antonio Arsenal, Tex 382
San Antonio National Cemetery, Tex 382
San Diego Barracks, Cal 27
Sand Island, Oreg 302
Sandy Hook (Hancock, Fort), N. J 233
San Fernando, Luzon, P. I. (Camp Wallace) 326
San Francisco National Cemetery, Cal 28
San Francisco (Presidio of), Cal 25
San Jacinto, Fort, Tex 383
San Juan, P. R 336
San Juan Harbor, P. R 336
San Juan Island (Northeast point of), Wash 438
San Juan Island (Southeast point of), Wash 439
San Pedro, Cal 28
San Pedro, Fort, Panay, P.I 330
Santa Fe National Cemetery, N. Mex 238
Santa Rosa Island, Fla. (Fort Pickens) 53
Santiago, Fort, P. 1 329
Scammel, Fort, Me 150
Schofield Barracks, Hawaii 93
Schuyler, Fort, N. Y 267
Schuylkill Arsenal, Pa. (Philadelphia Depot, Quartermaster's Department). . . 318
Scott, Fort, National Cemetery, Kans 124
Scott, Winfield, Fort, Cal 28
Screven, Fort, Ga. (Tybee Island) 86
Seven Pines National Cemetery, Va 420
Seward, Alaska 9
Seward, Fort William H., Alaska 13
Sewell, Fort, Mass 189
Shafter, Fort, Hawaii 93
Shaw Island (Eastern side of), Wash 439
Shaw Island (Western side of), Wash 439
Sheridan, Fort, 111 101
Sheridan's Point, Va. (Fort Hunt) 409
Shiloh National Cemetery, Tenn. (Pittsburg Landing National Cemetery) 366
Shiloh National Military Park, Tenn 366
Ship Island (Massachusetts, Fort), Miss 205
Siassi, P. 1 330
Signal Supply Station, Alaska ( Valdez) 9
Sill, Fort, Okla 300
Sill, Fort (Water Supply Reserve), Okla 301
Sitka, Alaska
Skagway, Alaska 13
Slocum, Fort, N. Y 268
Smallwood, Fort, Md. (Rock Point) 163
Smith, Fort, National Cemetery, Ark 18
Snelling, Fort, Minn 202
Soldiers' Home National Cemetery, D. C 42
Sparta Target Range, Wis 449
Springfield Armory, Mass 187
Springfield National Cemetery, Mo 216
Spokane, Fort (New Site), Wash. (Fort George Wright) 431
Spokane, Fort (Old Site), Wash 440
St. Andrews Bay, Fla
St. Augustine (Two Islands near), Fla 55
INDEX. 509
Page.
St. Augustine National Cemetery, Fla 54
St. Francis Barracks, Fla 55
St. George's, Me 150
St. John's Bluff, Fla 54
St. Joseph's Bay Reservation, Fla 55
St. Louis Clothing Depot, Mo 216
St. Louis Powder Depot, Mo 217
St. Louis River Military Reservation, Wis 451
St. Michael, Fort, Military Reservation, Alaska 12
St. Paul Quartermaster and Commissary Depot, Minn 203
St. Philip, Fort, La 136
Standish, Fort, Mass 193
Stark, Fort, N. H. (Point Jerry) 231
Staunton National Cemetery, Va 420
Stevens, Fort, Oreg. (Point Adams) 302
Stony Point Target Range, N. Y. (Madison Barracks) 253
Stones River National Cemetery, Tenn 369
Strong, Fort, Mass. (Long Island) 193
Subig Bay, P.I 331
Sucia Islands, Wash 440
Sugar Loaf and Round Top, Hawaii 92
Sugar Loaf Island (North and South), Me 151
Sullivan's Island, S. C. (Fort Moultrie) 348
Sumter, Fort, S. C 359
T.
Tacloban, Leyte (Camp Bumpus), P.I 324
Tala Point, Wash 440
Target and Maneuver Reservation, Fort D. A. Russell, Wyo 453
Target Range, Arcadia, Mo 213
Target Range, Fort Brady, Mich 199
Target Range, Fort Des Moines, Iowa 116
Target Range, Stony Point, Madison Barracks, N. Y 253
Taylor, Fort, Fla * 56
Teikheil, Alaska 9
Terry, Fort, N. Y. (Plum Island) 269
Thomas, Fort, Ky 128
Three-Tree Point, Wash 441
Tide lands, General grant of, Wash 425
Tolovana, Alaska 9
Tompkins, Fort, N. Y 269
Tonsina, Alaska 9
Totten, Fort, N. Y. (Willets Point) 269
Tower Island, Ala 6
Townsend, Fort, Wash 441
Travis, Fort, Tex 387
Trumbull, Fort, Conn 35
Two Islands near St. Augustine, Fla 55
Tybee Island, Ga. (Fort Screven) 86
Tyler, Fort, N. Y 270
U.
Unalaklik, Alaska 9
United States Powder Depot, N. J 236
V.
Valdez, Alaska 9
Vancouver Barracks, Wash 441
Vancouver Point, Wash 442
Vashon Island,, Wash. (Puget Sound, narrows of) 443
Vicksburg National Cemetery, Miss 206
Vicksburg National Military Park, Miss 207
Virginia Key, Fla 56
510 INDEX.
W.
Waadah Island, Wash 443
Wadsworth, Fort, N. Y 271
Waianae, Hawaii (Schofield Barracks) 93
Walcott Fort (Goat Island), R. 1 343
Walla Walla, Fort, Wash 443
Walter Reed United States Army General Hospital, D. C 42
Ward, Fort, Wash 444
Warren, Fort, Mass 195
Warwick Barracks, P.I 331
Washington Barracks, D. C 42
Washington, Fort, Md 164
Washington Harbor (East Side), Wash 444
Washington Harbor (West Side), Wash 444
Watertown Arsenal, Mass 196
Watervliet Arsenal, N. Y 275
Wayne, Fort, Mich 201
West Point, N. Y 280
Wetherill, Fort, R. 1 342
Whidbey's Island (North Point), Wash 445
Whipple Barracks, Ariz 14
Whipple Barracks Target Range, Ariz 15
White Hall Cemetery (China Cemetery) 304
Whitman, Fort (Goat Island), Wash 445
Willets Point, N. Y. (FortTotten) 269
William H. Seward, Fort, Alaska 13
William McKinley, Fort, Luzon, P. 1 331
Williams, Fort, Me 151
Wilmington National Cemetery, N. C 294
Willoughby Spit (Land at), Va 420
Winchester National Cemetery, Va 421
Winfield Scott, Fort, Cal 28
Wingate, Fort, N. Mex 239
Wint, Fort, P. 1 331-332
Winter Island, Mass. (Pickering, Fort) 182
Winthrop, Fort, Mass 197
Winyaw, Fort, S. C 360
Wood, Fort, N. Y 286
Woodland Cemetery (Two Lots), Ohio 299
Woodland Cemetery (Soldiers' Lot), 111 109
Woodlawn National Cemetery, N. Y 288
Walcott, Fort (Goat Island), R. 1 343
Wool, Fort, Va. (See also Monroe, Fort.) 421
Worden, Fort, Wash. (Point Wilson) 445
Workman's, Alaska 9
Wright, Fort George, Wash 431
Wright, Fort H. G., N. Y 247
Y.
Yellowstone, Fort, Wyo 456
Yerba Buena Island, Cal
Yorktown, Monument at, Va 422
Yorktown National Cemetery, Va 422
Z.
Zamboanga ,P.1 332
Zamboanga Target Range, P. 1 332
Zuninga Shoal Tract (Fort Pio Pico), Cal *...
INDEX TO APPENDIX.
Eminent Domain 459
Jurisdiction 465
Taxation .^.g,.... — L^,. 486
Title ^^??.?MS|V 491
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