KY. STATE LIBRARY EXCHANGE ^ f4q-t.-**frr o $^cd -4.yie.7a(k e^fT. . . C4r^n MILITARY RESERVATIONS, RATIONAL MILITARY PARKS, AND NATIONAL CEMETERIES. TITLE AND JURISDICTION. PREPARED IN THE JUDGE-ADVOCATE-GENERAL'S OFFICE BY JAMES B. MeCRELLIS. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1898. EXCHANOH MILITARY RESERVATIONS, NATIONAL MILITARY PARKS, AND NATIONAL CEMETERIES. NOTE. For authorities upon the subjects of "Eminent Domain," "Jurisdiction," "Taxation," and "Title," see Appendix. ALABAMA. CEDAR POINT. This reservation contains 29G.5 acres; is &t the entrance -pf, Mobile Bay, and embraces the small island between tr>o Xoilli ^oiiit of J}U- phin Island and Cedar Point, and so much of Cedar Point as lies in fractional sections 25 and 26 of Township 8, South of Eange 2 West. It was reserved for military purposes by Executive Order, dated February 9, 1842, and jurisdiction was ceded to the United States by an act of the State Legislature, approved December 1, 1837, providing 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." FORT (MINES. 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 over the reservation was acquired under Act of the State Legislature, approved January 28, 1848, and deed of the Gov- ernor, dated November 25, 1853, ceding "exclusive jurisdiction" under section 3 of said act for the purposes stated in section 1 of the act the jurisdiction to be "in all respects such as is contemplated by the terms and conditions of the act." The act, so far as it relates to jurisdiction, is a? follows: "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, 999196 4 MILITARY RESERVATIONS, ETC. dockyards, and other needful buildings, or any of them, as contem- plated 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 lauds so purchased or acquired, and sought to be ceded, the United States to hold, use, occupy, own, pos- sess. June] exer'cise sa-itf jurisdiction over the same for the purposes afore- said,' and none other whatsoever : Provided always, That the consent aforesaid is hereby- given-, and cession aforesaid is to be granted and miide "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 ceded, may be executed therein in the same way and manner as though this cession and consent had not been made or 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." See also Cedar Point as to jurisdiction. MOBILE NATIONAL CEMETERY. This reservation, acquired for cemetery purposes, contains in all 11(5,736 square feet of ground, and is situated in the City of Mobile. Title was acquired as follows : 1. Deed from the City of Mobile to the United States, dated May 31, 1800, conveying squares numbered 20 and 24, in what is known as the " New Cemetery ; " area of ground conveyed, 110,976 square feet. Deed recorded in Deed Book No. 27, N. S., pp. 148-149, of the Probate Eec- ords 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 recorded in Deed Vol. 73, pp. 320-327, of the Probate Eecords of Mobile County. Jurisdiction as to first-described tract was ceded by an Act of the General Assembly of Alabama, as follows: 11 He 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 MILITARY RESERVATIONS, ETC. 5 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 undei 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. 77 Approved March 6, 1875. FORT MORGAN. Contains about 322.42 acres, and is situated on Mobile Point, Baldwin County, on the eastern side of entrance to Mobile Bay, 33 miles from Mobile. Title was acquired as follows : Included in the cession by Spain under treaty of 1819, part of Western Florida. Reserved by Executive Order for military purposes February 13, 1844, being part of the public domain. Jurisdiction over this reservation was ceded to the United States by an act of the State Legislature, approved February 38, 1891, and is as follows : a 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 jurisdiction ceded, to the United States, over and with respect to all Lauds now, or which may hereafter be, embraced in the military Posts and Eeservatious of Mount Vernoii Barracks, in Mobile County, and Fort Morgan, in Bald- win County, so long as the United States shall occupy the same for public purposes, reserving, however, to the State, a concurrent juris- diction for the execution within said lands of all process, civil or crim- inal, lawfully issued by the Courts of the State and not incompatible with this cession." See also Cedar Point as to jurisdiction. TOWER ISLAND. 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 was 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 build- ing and making such forts, magazines, arsenals, dock-yards, 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 i Tower Island,' to include all the contiguous 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 4 Tower Island' are hereby granted to the United States; Provided, hotrever, the jurisdiction ceded by this act shall not prevent the execu- tion on such ceded premises of process, civil or criminal, under the authority of this State, nor prevent the laws of this State from operat- ing over said island, shores, flats, and waters, saving to the United 6 MILITARY RESERVATIONS, ETC. 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 Cedar Point as to jurisdiction. ALASKA. SITKA. Lot No. 20 (as shown by the map and inventories of Alaska) and on map of Sitka, for a Marine or Military Barracks and garden. Title is as follows: By purchase from Russian Government in 1867, and set apart for above purpose by Executive Order dated June 21, 1890. MILITARY AND NAVAL CEMETERY, NEAR SITKA. Ten acres of ground set apart for that purpose. Title is as follows: By purchase from Russian Government in 1807, and set apart by Exec- utive order dated June 21, 1890, subject to any rights which the Pres- byterian Board of Home Missions may have. JAPONSKY ISLAND. An island opposite the town of Sitka. Title is as follows: By pur- chase from Russian Government in 18G7, and set apart for Military and Naval purposes by Executive Order dated June 21, 1890. FORT ST. MICHAEL. This reservation contains 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: Part of the public domain ceded by Russia to the United States in 1867, and declared a military reservation by Executive Order dated October 20, 1897. For jurisdiction see paragraph 2, Section 3, Article 4, Con- stitution of United States, which is clearly adapted to the territorial rights of the United States, beyond the limits or boundaries of any of the States. ARIZONA. FORT APACHE. Contains 7,421.14 acres, and includes that portion of the White Moun- tain Indian Reservation situated in Townships 4 and 5, North of Range 23 East, Navajo County, restored to the public domain by Executive Order dated January 20, 1877, and declared a military reservation by Executive Order dated February 1, 1877. FORT GfrANT. Contains 42,341 acres, and is situated in Townships 8, 9 and 10, South of 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, 187<>. MILITARY RESERVATIONS, ETC. 7 FORT HUACHUCA. Contains 70 square miles and is situated in Townships 21 , 22 and 23, South of Ranges 19 and 20 (extended), Oochise County. Title is as follows: Public lands of the United States reserved for military pur- poses by Executive Orders of October 29, 1881, and May 14, 1883. SAN CARLOS. A subpost of Fort Grant. Situated on the Gila River, within limits of White Mountain Indian Reservation, Gila County. Title: Set aside as an Indian Reservation. Temporary military camp. FORT WHIPPLE. Contains 1,730 acres, and is situated in Township 14 North, of Range 2 West, 1 mile from Prescott, in Yavapai County. Title is as follows: Public land of the United States reserved by Executive Order dated August 31, 1869. (See G. 0. 34, Dept. Arizona, November 23, 1875, relocating and giving boundaries of reservation). For jurisdiction, see paragraph 2, Section 3, Article 4, Constitution of United States. ARKANSAS. LITTLE ROCK MILITARY POST. Contains, after deducting reserved tracts, 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 April 23, 1892). Deed from Board of Improvements for City Park, District of Little Rock, Ark., to the United States, dated February 18, 1893; recorded March 18, 1893, in Record Deed Book 38, page 613, Deed Records of Pulaski County. The pur- chase 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, approved 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 reserva- tion. "SEC. 2. Exclusive jurisdiction over such military post, fort, arsenal 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 execution of any process of the State, civil or criminal, on any person who may be on said reservation or premises." 8 MILITARY RESERVATIONS, ETC. FAYETTEVILLE NATIONAL CEMETERY. Contains 6.63 acres, and is situated near Fayetteville, in Washington County. Title is as follows : Tract A. Deed from David Walker to the United States, 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 to the United States, dated June 14, 1867, and recorded July 26, 1867, in Deed Record Q, page 341, of the records of deeds at Fayetteville, Washington County. Tract C. Deed from David Walker to the United States, dated March 2, 1875, and recorded May 14, 1875, in Deed Record Y, page 413, of the records of deeds at Fayetteville, Washington County. Tract D. Deed from Stephen K. Stone and wife to the United States, dated April 8, 1873, and recorded August 27, 1873, in Deed Record X, page 195, of the records of deeds at Fayetteville, Washington County. Same. Deed from Stephen K. Stone and wife to the United States, dated Februarys, 1875 (rectifying mistake in deed of April 8, 1873), recorded March 16, 1875, in Deed Record Y, pages 315-316, of the rec- ords of deeds at Fayetteville, Washington County. 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 author- ized and required to take immediate measures to preserve from dese- cration the graves of the soldiers of the United States who fell in bat- tle, 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 estab- lishment thereon of l 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 Legislature of the State within which such purchase shall be made, shall first cede all jurisdiction over such laud. " 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 7 may extend and no farther." FORT SMITH NATIONAL CEMETERY. Contains 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 to the United States, 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 organized 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 lute- MILITARY RESERVATIONS, ETC. rior 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. LITTLE ROCK NATIONAL CEMETERY. Contains 12.12 acres; is part of S. E. J of Section 11, Township 1 North, Bange 12 West, and is situated near Little liock, in Pulaski County. Title is as follows: A. Deed trom the City of Little Eock to the United States, dated September 18, 18G6, Conveying 9.10 acres within the inclosure of Oak- land Cemetery. Deed not recorded. B. Deed from the City of Little liock to the United States, dated April 9, 1868, and embraces 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. Deed recorded January 7, 1869, in Kecord Book No. 2, pages 302-30G, of the deed records of Little Kock, Pulaski County. Jurisdiction : See Fayetteville National Cemetery. CALIFORNIA. ALCATRAZ ISLAND Is an island in San Francisco Bay, 4 miles Northeast of the City of San Francisco, containing about 12 acres of laud. Title is as follows : Part of the Public Domain and reserved therefrom for military purposes by Executive Order dated November 6, 1850, and title to certain tide-water lands, etc., ceded by State March 9, 1897. Jurisdiction was ceded by an act of the State legislature, approved March 2, 1897, as follows: "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 hereafter be ceded or con- veyed to said United States for such purposes; Provided, That a suffi- cient 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." ANGEL ISLAND. An island in San Francisco Bay, 7 miles Northeast of the City of San Francisco, containing about 640 acres of land. Title is as follows : Part of the Public Domain and reserved therefrom for military purposes by Executive Order, dated November 6, 1850, and title to certain tide-water lands, etc., ceded by the State March 9,1897. Jurisdiction : See Alcatraz Island. 10 MILITARY RESERVATIONS, ETC. BENICIA. (Reservation of Post and Arsenal.) That portion set apart for a Post or Barracks contains 98.78 acres, and the Arsenal portion 238 acres. Total, 336.78 acres. This reserva- tion is situated on Suisuu Bay and the Straits of Carquinez, in Solano County. Title is as follows: An attempt was made to convey title to the United States by 1. Deed from Kobert Semple and wife and others to the United States, dated April 16, 1849, and recorded July 5, 1849, in Book C, pages 295-296, of Kecords 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. Yallejo to the United States (Deed of Eelease) dated December 27, 1854; not recorded. 3. Deed of Release from Thomas O. Larkin to the United States, dated December 30, 1854, and recorded January 24, 1855, in Book I, page 347, of the Deed Eecords of Solano County; and 4. Deed of Kelease from Bethnel Phelps to the United States, dated January 20, 1855, and recorded January 20, 1855, in Book H, pages 340-341, of the Deed Records of Solano County. The above-named grantors having, however, derived title by deed from General M. G. Vallejo, who claimed it under the so-called " Suscol" grant from Mex- ico, 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, and it having never parted with it the reservation for military purposes was declared by Executive Orders dated October 7 and 10, 1862. And title to certain tide- water lands, etc., ceded by the State March 9, 1897. Jurisdiction was made " exclusive" and certain by the Act of the State Legislature approved March 2, 1897. See Alcatraz Island. THE BROTHERS AND SISTERS AND MARIN ISLANDS. The area of these islands is unknown. The description is as follows : "The Brothers" consist of two rocky islets, having a channel between them, situated near Point San Pablo. "The Sisters" consist 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 command- ing the entrance to San Pablo Bay. Title is as follows: Part of the Public Domain and reserved for mili- tary 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 Alcatraz Island. DEAD MAN'S ISLAND. Surveyed as Lot No. 1, Section 19, Township 5, South of Range 13 West, San Bernardino Meridian of California (Dead Man's Island). Title is as follows: Part of Public Domain and reserved for military 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 Alcatraz Island. MILITARY RESERVATIONS, ETC. 11 LIME POINT. This reservation contains 1,899.06 acres, and is situated on, and embraces, the North side of the u Golden Gate" or entrance to the Har- bor of San Francisco, in Marin County. Title is as follows : Deed from Samuel R. Throckmorton to the United States, dated July 24, 1866, and recorded July 24, 1866, in Liber F, pages 127-130, of the records of deeds of Mariu County. See also Act of the State Legislature approved March 9, 1897, as to lands below low tide, etc. Jurisdiction : The State Legislature ceded jurisdiction to this reserva- tion by act approved April 16, 1859, as follows : a 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-watermark; Provided, That this State shall retain a concurrent Jurisdiction with the United States, in and over the premises in ques- tion, 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 per- son 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 proc- ess 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- 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 Alcatraz Island. POINT LOBOS. Reservation contains 54.05 acres, and 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 the case of the United States v. The City and County of San Francisco, etc. Decree 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. See also Act of State Legislature, approved March 9, 1897, as to tide- water lands, etc. For iurisdiction see Alcatraz Island. MARE ISLAND. (Reservation No. 7 opposite.) Contains about 769 acres, and is that part of Military Reservation No. 7, opposite Mare Island, lying south of the section line running east and west between Sections 19 and 30, Township 3, North of Range 3 West, Solano County. 12 MILITARY RESERVATIONS, ETC. Title is as follows: Part of alleged u Suscol " grant. See Benicia" for remarks on same. Part of Public Domain reserved for military purposes by Executive Order November 6, 1850, and title to tide- water lauds, etc., ceded by act of State Legislature, approved March 9, 1897. For jurisdiction see Alcatraz Island. FORT MASON. This reservation contains 55.5 acres, and is situated at Point San Jose or Black Point ou south side of Bay of San Francisco, opposite Alcatraz Island, and is within the now limits of the City of San Francisco. Title is as follows : Part of Public Domain and reserved by Executive Order, dated November G, 1850, modified as to present limits by Execu- tive Order, December 31, 1851, and as further modified by Act of Con- gress approved July 1, 1870. (See U. S. Stats, at Large, Vol. 16, Chap. 197, p. 186.) See also act of State Legislature, approved March 9, 1897, ceding title to tide-water lands, etc. Jurisdiction was ceded by Act of State Legislature, approved March 2, 1897. See Alcatraz Island. 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 Sec- tion 17, Township 1, North of Eange 5 West, Mount Diablo Meridian. Title is as follows: Reserved by Executive Order dated October 21, 1882. See also act of State Legislature approved March 9, 1897, as to tide- water lands, etc. For jurisdiction see Alcatraz Island. MONTEREY. This reservation contains 139.36 acres, and is situated within the city limits of Monterey, overlooking the Bay, in Monterey County. Title: Occupied as a military post by the Spanish Government as early as 1772. Mexico succeeded Spain, and by the treaty with Mexico the United States succeeded to the title and took possession. Eeserved also for military purposes by Executive Order, dated November 23. 1866. For jurisdiction see Alcatraz Island. PENINSULA ISLAND. (With small Island near former.) This island contains 157.09 acres. The small island contains about 7 acres. The first is situated in San Francisco Harbor, near the north- ern shore of San Francisco Bay, at the outer entrance to Raccoon Straits, which is one of the approaches to the Navy- Yard and Depot at Mare Island and the United States Arsenal at Benicia. The small island is near the above, lying between it and the point of the main land called Turberon Point. Title is as follows : Reserved from the public domain for military pur- poses by Executive Order, dated August 20. 1867. See also Opinion of the Attorney-General, dated July 19, 1879, in the matter of the Rancho Corte de Madera del Presidio. For title to tide-water lands, etc., see Act of State Legislature approved March 9, 1897. For jurisdiction see Alcatraz Island. MILITARY RESERVATIONS, ETC. 13 PRESIDIO OF SAN FRANCISCO. This reservation contains 1,479.94 acres, and is situated in the North- west suburbs of San Francisco, on the southern margin of the harlJbr 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. See remarks as to title under head of " Peninsula Island." Reserved for military purposes by Executive Order, dated November G, 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, approved March 2, 1897, for which see Alcatraz Island. SAN DIEGO HARBOR (POINT LOMA). Area not given; that portion of the peninsula lying on the west side of the entrance to the harbor, 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 1J miles above Punta de Guiranos. Title is as follows: Passed under 'the treaty of Guadalupe Hidalgo, concluded February 2, 1848, to the United States. Eeserved for mili- tary purposes by Executive Order dated February 26, 1852. See also act of the State Legislature approved March 9, 1897, as to tide- water lands, etc. For jurisdiction see Alcatraz Island. SAN DIEGO BARRACKS. Blocks 31 and 39, being 200 feet by 300 feet each, and one wharf lot 75 feet by 1,000 feet. Total area of reservation 315,000 square feet, sit- uated in the city of San Diego. Title is as follows : 1. Deed from William H. Davis and wife to the United States, dated September 12, 1850, for tracts known as letter K in Block 31, Lot No. 3 in Block 18, and letters 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 to the United States, dated September 12, 1850, for tracts known as Letter I in Block 31, and Letter L in Block 39, and recorded January 21, 1870, in Deed Record No. 8, page 148 of the deed records of San Diego County. 3. Deed from Thomas W. Sutherland, Guardian ad litem for the heirs of Miguel de Pedrorena, to the United States, dated September 12, 1850, for tracts known as Letter D, in Block 31, and Letters A and J, in Block 39, and recorded January 21, 1870, in Deed Record No. 8, page 144, of the deed recprds of San Diego County. 4. Deed from Andrew B. Gray to the United States, dated September 14, 1850, for tracts known as Letters A, F, and L, in Block 31 ; Lot Nos. 2 and 6, in Block 18, and Letters D, E, F, H, and K, in Block 39, and recorded January 21, 1870, in Deed Record No. 8, page 145, of the deed records of San Diego County. 5. Deed from Thomas D. Johns to the United States, dated Septem- ber 12, 1850, for tracts known as Letters G, H, and C, in Block 31, and 14 MILITARY RESERVATIONS, ETC. recorded January 17, 1870, in Deed Record No. 8, page 145, of the deed records of San Diego County. 6. Deed from Jose A. Aquirre and wife to the United States, dated September 12, 1850, for tracts known as Letters E and J, in Block 31; Lot No. 1, in Block 18, and Letter I, in Block 39, and recorded January 21, 1870, in Deed Record No. 8, page 147, of the deed records of San Diego County. 7. Deed from Andrew B. Gray to the United States, dated Septem- ber 12, 1850, for tracts known as Letters A, F, and L, in Block 31; Lots 2 and 6, in Block 18, and Letters D, E, F, H, and K, in Block 39, and recorded September 17, 1850, in Deed Book O, page 251, of the deed records of San Diego County. 8. 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, Ysabel de Pedrorena, and Eleva de Pedrorena, minor heirs of Miguel de Pedro- rena, deceased, by Thomas W. Sutherland, their guardian ad litem, to the United States, dated September 12, 1850, for tracts known as Lots numbered 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, in Block 18, and Letter B, in Block 31. Recorded January 21, 1870, in Deed Record No. 8, page 143, of the deed records of San Diego County. See also act of State Legislature approved March 9, 1897, as to tide- water lands, etc., so far as it affects wharf property herein. For jurisdiction see Alcatraz Island. SAN FRANCISCO NATIONAL CEMETERY. Contains 9.5 acres. Formerly part of the military reservation of the Presidio of San Francisco, and includes the Post Cemetery. Set aside December 12, 1884, by order of the Secretary of War, as a cemetery of the fourth class, to be known and designated as the San Francisco National Cemetery. For title, see Presidio of San Francisco ; and for jurisdiction, see Presidio of San Francisco, also Alcatraz Island. 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, Township 5, South of Range 13 West, and part of Section 24, Township 5, South of 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. Reserved 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 Alcatraz Island. PORT WINFIELD SOOTT. (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 0, 1850, as modified December 31, 1851. See also act of the State Legislature, approved March 9, 1897, as to tide- water lands, etc. For jurisdiction see Alcatraz Island. MILITARY RESERVATIONS, ETC. 15 MOUNT WHITNEY. Reservation contains 84,480 acres, comprising all of Townships 15 and 10, South of Range 34 East, and Township 10, South of Range 35 East, also Sections 19 to 30 inclusive in Township 15, South of Range 35 East, and Sections 19, 20, 21, 29, 30, 31, and 32 in Township 15, South of Range 30 East of the Monte Diablo Meridian in Tulare and Inyo counties. Title is as follows : Public domain and reserved for military purposes by Executive Order September 20, 1883. For jurisdiction see Alcatraz Island. YERBA BUENA ISLAND. Contains about 141 acres and is situated about 2 miles Northeast of the City of San Francisco, in the Bay of San Francisco. Title is as follows: Reserved from the grant to the City of San Fran- cisco by act of Congress approved July 1, 1804, and under the pro- visions of said act reserved for military purposes by Executive Order dated October 12, 18GG. See also Executive Order dated November 0, 1850. Deed from Frank M. Pixley to the United States, dated August 27, 1809, and recorded September 7, 1809, in Office of County Recorder of the City and County of San Fsancisco, in Liber 524 of Deeds, page 14. See also act of the State Legislature approved March 9, 1897, as to tide-water lauds, etc. For jurisdiction see Alcatraz Island. COLORADO. FORT LOGAN. Contains an area of 040 acres, and was purchased in accordance with the provisions of an Act of Congress approved February 17, 1887. It is situated in Arapahoe County, being the S. J and NW. J and S. of of NE. J of Section 0, and W. J of SW. J of Section 5, Township 5, South of Range 08 West of the" Sixth Principal Meridian. The title is by deed from Charles B. Kountze, Trustee, to the United States, for all the above-described tracts. Deed dated June 14, 1887, and recorded October 11, 1887, in Deed Book 343, page 415 of the deed records of Arapahoe County. The SW. J of SW. i, Section 5, Township 5 South, Range 08 West, etc., also reserved for military purposes by Executive Order dated September 20, 1887. 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: "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 lauds 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 this reservation in accord- ance with the terms of an act of the State Legislature approved, 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 hundred and forty acres of land at or near the city of Denver, in the 16 MILITARY RESERVATIONS, ETC. 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 America 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 municipal courts and tribunals within said tract of land; to serve and execute therein processes in criminal cases by State, county and municipal officers in respect to offenses, misdemeanors, crimes and felonious 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 dur- ing all the time the United States shall remain 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 conferred unto the United States of Amer- ica for and during the time the United States shall remain the 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 during the time the United States shall remain the owner, thereof." CONNECTICUT. FORT GRISWOLD. This reservation contains 14 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. Avery, aggregating 4.G43 acres, by the State Legislature authorized to be ceded to the United States. (Not evidenced by deed of cession.) Additional lands were purchased as follows: Deed from Latham Avery to the United States, dated August 3, 1812 (conveying 1.058 acres), recorded in Deed Book 1C, page 5(5, of the land records of the town of Groton. Deed from Ebenezer Avery to the United States, dated August :5, 1812 (conveying 1 acre and IK) rods), recorded in Book 16, page 56, of the land records of the town of Groton. Deed from William F. Brainard, Attorney, etc., to the United States, dated September 10, 1812 (conveying 1 acre and 74 rods), recorded in Book 15, page 212, of the land records of the town of Groton. Purchase from Nicholas Lester by the United States, - , 1841; no record received of deed; area of purchase, 2.751) acres. Pur- chase from Albert Latham by the United States, - , 1841 ; no record received of deed; area, 0.17! > acre. Purchase from Humphrey Baker by the United States, March 26, 1842; evidenced by bond for deed, ancl MILITARY RESERVATIONS, ETC. 17 purchase from Albert Latham by the United States, 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 Griswold, in the town of Grotoii, and the jurisdiction of the lands whereon the same are situated, aud 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 contemplated in the act, but notwithstanding this fact, it was held by Attorney- General Akerman, in an opinion dated April 15, 1871, that the jurisdic- tion of the United States over Fort Trumbull was unquestionable. 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 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 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." (7 Opins., 628.) 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 to the United States, dated April 27, 1809, recorded May 10, 1809, in East Haven Fourth Ledger Book, page 87. 2. Deed from Truman Colt to the United States, dated May 3, 1809, and recorded May 10, 1809, in East Haven Fourth Ledger Book, page 88. 3. Deed from Philemon Augur to the United States, dated August 21, 1809, and recorded August 24, 1809, in East Haven Fourth Ledger Book, page 92. 4. Deed from Benjamin Belden and Lyinan Hotchkiss and wife to the United States, dated September 16, 1870, and recorded December 11, 1871, in Vol. 19 7 page 22 of East Haven Land Records. 5. Deed from Timothy Andrews, Trustee, to the United States, dated * August 19, 1871, and recorded December 11, 1871, in Vol. 18, pages 785-786 of East Haven Land Records. 6. Deed from C. W. Bradley, Trustee for Episcopal Church, to the United States, dated August 19, 1871, and recorded December 11, 1871, in Vol. 18, pages 786-787 of East Haven Land Records. 205 2 18 MILITARY RESERVATIONS, ETC. 7. Deed from Martha P. Pardee to the United States, dated August 19. 1871, aud recorded December 11, 1871, in Vol. 18, page 650, of East Haven Land Records. 8. Deed from Martha P. Pardee, Guardian, to the United States, dated August 21, 1871, and recorded December 11, 1871, in Vol. 17, pages 673-074 of East Haven Laud Records. 9. Deed from Samuel Forbes to the United States, dated August 21, 1871, recorded December 11, 1871, in Vol. 19, page 23 of East Haven Land Records. 10. Deed from Benjamin Belden and Lyman Hotchkiss aud wife to the United States, dated December 11, 1871, recorded December 16, 1871, in Vol. 19, page 24 of East Haveu Land Records. 11. Deed from Isaac C. Stock to the United States, dated October 25, 1872, recorded November 7, 1872, in Vol. 19, page 110 of East Haven Land Records. 12. Deed from Bel a Forbes to the United States, dated October 29, 1872, recorded October 29, 1872, in Vol. 19, page 109 of East Haven Land Records. 13. Deed from Bela Forbes to the United States, dated October 29, 1872, recorded October 29, 1872, in Vol. 19, page 652 of East Haven Laud Records. 14. Deed from Bela Forbes to the United States, dated November 5, 1872, recorded November 7, 1872, in Vol. 19, page 655 of East Haven Land Records. 15. Decree of Condemnation rendered in the Superior Court October 21. 1872, in the case of United States v. Bela Forbes Recorded Octo- ber 29, 1872, in Vol. 20, pages 10 to 17, inclusive, of East Haven Land 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 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, laud formerly owned by L. Pope, about eight acres, and laud formerly owned by Isaac Pardee, about two acres. u 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 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 MILITARY RESERVATIONS, ETC. 19 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 Pardee'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 "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 conveyances 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 Hart- ley, 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 Benjamin 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 lauds." 20 MILITARY RESERVATIONS, ETC. 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. FORT TRUMBULL. The total area of this reservation is 13 Acres, 2 Roods, 27 Poles and 204 Links, and is situated on the south of New London Harbor about 1J miles above the mouth of the Thames Itiver. "The title is as follows : Original reservation held by the State for mili- tary purposes and first post established by the State in 1775, and in 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., to the United States dated January 17, 1805, conveying 11J 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 New 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 Leg islature approved June 9, 1842, the Governor was authorized to cede to the United States Fort Trumbull and Fort Griswold, together with juris- diction. No cession by deed, but see Fort Griswold. See also Appen- dix, pages 285, 295, 296. DELAWARE. FORT DELAWARE. This reservation includes the whole of "Pea Patch Island;' 7 con- tains 178 acres; is situated in the Delaware River near the town of New Castle. 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 bo executed and served within the place, the jurisdiction of which is hereby ceded as aforesaid, in the same manner as if no such cession had been made." MILITARY RESERVATIONS, ETC. 21 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 Dela- ware within the "twelve-mile circle" extends across the Delaware River to low- water mark 011 the Jersey shore. So held in the arbitration at Philadelphia, Janu- ary 15, 1845. FORT AT DELAWARE BREAKWATER. (For situation, see Act, infra.) The title to this site was conveyed to the United States and jurisdic- tion ceded by an Act of the State Legislature, approved Februarys, 1873, as follows : "SECTION 1. Be it enacted, etc., That William D. Waples, N. W. Hickmau and Dr. D. H. Houston of Sussex County be and they are hereby appointed Commissioners on the part of the State of Delaware, and they or a majority of them are hereby authorized and empowered in conjunction with any agent or person appointed by the President of the United States, or by the Secretary of War, to locate and fix the boundaries of any quantity of land belonging to the State of Delaware, not exceeding two thousand one hundred feet front and three thousand feet deep from low water mark, situated and lying on the Delaware Bay southeast of the old mole, usually called the Government Mole, and between said old mole and the point of Cape Heulopen; and the land belonging to the State of Delaware located and designated by the boundaries to be fixed and determined by the Commissioners aforesaid in conjunction with the agent or person to be appointed as aforesaid by the President of the United States, or by the Secretary of War, and all claim, title and right of soil and jurisdiction of the State of Dela- ware in to or over the same is hereby ceded to and vested in the United States in perpetuity, and that a plot of the land so located and hereby ceded as aforesaid be made and recorded in the office of the Eecorder in and for Sussex County. Provided that the sovereignty and jurisdiction of this State shall extend over the land hereby ceded to the United States so far as that all civil and criminal process issued under any law of this State may be executed in any part of said lauds and buildings thereon erected. "SEC. 2. Be it further enacted by the authority aforesaid. That the above cession of land and jurisdiction hereby made is upon the express condition : That defenses to be built by the United States at the Dela- ware Breakwater harbor shall be constructed thereon." Title consummated and area ascertained as follows: " State of Delaware, Sussex County, ss : Be it remembered that on the twenty-eighth day of November in the year of our Lord one thou- sand eight hundred and seventy-three the foregoing survey and plat of the lands ceded by the State of Delaware to the United States of America by an Act of the Legislature of the said State, entitled 'An Act to cede certain lands to the United States of America/ passed at Dover, February 5, 1873, was made by Adam Sturle, Esquire, Civil Engineer, under the supervision and direction of Lieutenant-Colonel 22 MILITARY RESERVATIONS, ETC. I. D. Kurtz, U. S. Army, agent of the United States, and W illiam D. Waples, N. W. Hickman, and Dr. D. H. Houston, Commission of the said State, for the construction of defences for the protection of the Breakwater Harbor thereon, and according to the selection and location of the same by them pursuant to the provisions of the act aforesaid." The foregoing was signed and sealed by the Commissioners and the United States Engineer named, and recorded in Book B, K, No. 84, pages 448, etc., of the deed records of Sussex County, at Georgetown. NEW CASTLE (ARSENAL LOT). Situated on Market Square in the town of New Castle. The title is as follows: Deed from Kensey Johns and James Rogers, surviving Trustees, etc., to the United States for Arsenal, dated Novem- ber 10, 1843, and recorded November 11, 1843, in Book K, Yol. 5, page 556, etc., of the record of deeds at New Castle. "TEN-GKJN BATTERY," OPPOSITE FORT DELAWARE. This reservation contains 62^ acres of land, and is situated opposite Fort Delaware (Pea Patch Island) in Eed Lion Hundred, New Castle County. The title is as follows : Deed from Clement Eeeves and wife, dated September 12, 1871; recorded September 23, 1871, Deed Eecord O, Vol. 9, page 10, etc., in deed records of New Castle County. By an Act of the State Legislature, approved January 30, 1867, con- sent to said sale was given and jurisdiction ceded as follows: " SECTION 1. Be it enacted, etc., That Clement Keeves and James B. Henry, both of New Castle County, are hereby authorized and empow- ered to convey to the United States a certain tract of land, situated in Eed 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 Ches apeake 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 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 juris- diction had not been granted as aforesaid." (There does not seem to be any deed from the James B. Henry men- tioned in the Act, nor evidence of title in said Henry. No deed for road unless included in land conveyed by Eeeves and wife.) DISTRICT OF COLUMBIA. BATTLE GROUND NATIONAL CEMETERY. Area of cemetery, 1.033 acres, and is situated on the east side of the Washington and Kockville 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. MILITARY RESERVATIONS, ETC. 23 Meigs in July, 1864. Possession retained and title acquired under the provisions of the Act of Congress, approved February 22, 1867, provid- ing for National Cemeteries. Land appraised, paid for and title passed on petition of the owner, James Mulloy v. The United States, filed, pre- sented and confirmed in the Supreme Court of the District of Colum- bia, 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 >tates from the Columbia Harmony Asso- ciation. 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. Area, 4 acres; and is situated in Georgetown, now West Washington. The title is as follows : Deed from Thomas A. Brooke to the United States, dated September 9, 1815; recorded in Liber A. K. No. 35, folios 3 and 4 of the land records of Washington. 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 Washing- ton County, in the District of Columbia. The property conveyed includes the whole of Lot 10 and parts of Lots 9 and 11 in Square No. 377. Deed from Alex. G. P. Garnett and wife to the United States, 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 conveys 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. WASHINGTON BARRACKS (FORMERLY WASHINGTON ARSENAL.) This reservation is situated on Greenleaf 's Point, in the city of Wash- ington, and has been occupied for military purposes since 1797. The area of the original reservation was 28 acres 2 roods and 31 poles, and 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 24 MILITARY RESERVATIONS, ETC. reservation now is about 69 acres; additional land having been pur- chased under an Act of Congress approved March 3, 1857. The title to the additional lands so purchased is as follows : 1. Deed from John Keaii to the United States, dated April 3, 1857 ; conveying square No. 548; recorded in Liber I. A. No. 147, folios 258 and 259, of the land records for Washington County, District of Columbia. 2. Deed from Thomas Hogan and wife to the United States, dated April 12, 1857, conveying Lot No. 8 in square 548; recorded in Liber I. A. S. No. 147, folios 251, 252, and 253, of the land records of Washington County, in the District of Columbia. 3. Deed from Michael Dooley and wife* to the United States, dated April 18, 1857, conveying Lot No. 5, in square 548; recorded in Liber I. A. S. No. 147, folios 260, 263 and 262 of the land records of Wash- ington County in the District of Columbia. 4. Deed from W. H. Phillip to the United States, 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 the land records of Washington County in the District of Columbia. 5. Deed from William B. Todd and wife and William H. Phillip to tho United States, dated April 18, 1857, conveying square io. 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 north- west of 606 and also lot 24 of square 505 ; recorded in Liber I. A. S. No. 149, folios 35, 36 and 37 of the land records of Washington County in the District of Columbia. 6. Deed from James M. Carlisle to the United States, 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 the land records of Wash- ington County, in the District of Columbia. 7. Deed from Joseph Moynihen and wife to the United States, 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 the land records of Washing- ton County in the District of Columbia. 8. Deed from Winifred Martin to the United States, 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 the land records of Washington County in the District of Columbia. 9. Deed from William B. Todd and wife to the United States, dated April 28, 1857, conveying Lot No. 9 in square 548; recorded in Liber I. A. S. No. 148, folios 44, 45 and 46 of the land records of Washington County in the District of Columbia. 10. Deed from James E. Johnson and wife to the United States, 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 2f>3, 254 and 255, of the land records of Washington County in the District of Columbia. 11. Deed from William Gun ton, Stanislaus Murray, Archibald Hen- derson, Jacob Gideon, Benjamin F. Middleton, and John F. Gallon, sur- viving trustees of the Bank of Washington, to the United States, dated April 30, 1857; conveying square 549; recorded in Liber T. A. S. No. 147, folios 248 and 249, of the land records of Washington County in the District of Columbia. 12. Deed from John B. Kibbey and wife to the United States, dated May 6, 1857, conveying all of square south of south of square 506; recorded in Liber I. A. S. No. 149, folios 39, 40 and 41 of the laud records of Washington County in the District of Columbia. MILITARY RESERVATIONS, ETC. 25 13. Deed from Samuel Byingtou and wife to the United States, dated August 7, 1857, conveying Lots 1, 2, 3, 4, 5, G, 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 and 43 of the land records of Washington County in the District of Columbia. 14. Deed from Buckner Bayliss and wife to the United States, 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 the land records of Wash- ington County in the District of Columbia. 15. Deed from Walter Lenox, trustee, et al., to the United States, dated December 23. 1857, conveying all of square 505; recorded in Liber I. A. S. No. 148, folios 38, 39 and 40 of the land records of Wash- ington County in the District of Columbia. Washington Arsenal turned over to the Quartermaster's Department 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 Dis- trict of Columbia, see paragraph 17 of Section 8, Article I, Constitution of the United States, supra. FLORIDA. 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 SB. J of Sec. 21; all of frac. Sec. 22; the NE. J of the NE. of Sec. 28, and all of Section 27 in township 7, South of 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. \ of Sec. 21 and the south boundary line prolonged of Sec. 27, and was reserved by Executive Order, dated May 4, 1893, from the public domain. 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 3L'0 inclusive. Deed executed under authority of an act of the State Legislature approved July 24, 1845, which provides as follows : " 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, arse- nals, dock yards and other needful buildings, or any of them, as contem- plated 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 constitutional juris- diction over such land for said purposes, it shall be lawful for the Gov- ernor of this State, upon application made to him in writing on behalf of the United States for that purpose, accompanied by the proper evi- dence of said reservation, purchase, contract, or acquisition of record, describing the land sought to be ceded by convenient metes and bounds. 26 MILITARY RESERVATIONS, ETC. thereupon, iu 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 j 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 aforesaid, upon the express condition that this State shall retain a concurrent jurisdiction with the United States in and over the land or lauds 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 exe- cuted by the proper officers thereof, upon any person or persons amen- able to the same, within the limits and extent of land or lauds so ceded, in like manner and to like effect as if this law had never been passed; saving, however, to the United States security to their property within said limits and extent, and exemption of the'sarne, 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." FOKT BARRANCAS. This reservation is situated on the north side of Pensacola Harbor, 9 miles southwest of Pensacola, 1 mile from Fort Pickeus in Escainbia County and contains an area of about 2,500 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 terri- tory of the Floridas including "all public lots and squares, vacant lands, public edifices, fortifications, barracks, and other buildings which are not private property," the fort at Barrancas and its 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 Tarter 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 1,607 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 reservation until May 21, 1888, when the boundaries were enlarged by a transfer of another por- tion 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. Juris- diction over "the fort and its dependencies" was acquired under the Treaty of 1819 as well as by the law of nations, the United States suc- ceeding to the rights of the Crown of Spain. Complete and "exclu- sive" jurisdiction was however 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 310 to 320 under the provisions of an act of the State Legislature approved July 24, 1845. (See Anastasia Island for act cited.) MILITARY RESERVATIONS, ETC. 27 BARRANCAS NATIONAL CEMETERY. This cemetery contains about 8.56 acres, and is situated on the Naval Eeservatioii near Fort Barrancas, in Escambia County, Fla., 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 Anastasia Island 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 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. CAYO COSTA, OR BOCA GRAND 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 November 29, 1882. For jurisdiction see Anastasia Island. CEDAR KEYS (AND FORT HOWARD). Include 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 Execu- tive Order, dated March 2, 1840. For jurisdiction see Anastasia Island. 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 v 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 of Range 29 East, and fractional section No. 11 and Lots 1 and 2 of fractional section No. 14, Township 3, North of Range 28 East reserved from the Public Domain for military purposes by Executive Order, dated Feb- ruary 9, 1842. Area reserved 420 acres. 2. Deed from George R. Fairbanks and wife to the United States, 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., to the United States under Decrees of the Nassau Circuit Court May Term 1849 conveying 400 acres and recorded in the Clerk's Office Nassau County, June 20, 1853, in Book I), pages 162 to 174. By Executive Order, dated March 3, 1897, a portion of Lots 1 and 2 of Section 14, Township 3, South 28 MILITARY RESERVATIONS, ETC. of Eange 28 East of Tallahassee Meridian, therein described was relinquished to Interior Department. For consent to purchase, condemnation and jurisdiction see Anastasia Island. EGREMONT ISLAND. This island is situated near the entrance to Tampa Bay and is in Hillsboro County. It was reserved from the public domain for military purposes by Executive Order, dated November 17, 1882, with exception of 15 acres at the north end reserved for Light-House purposes. For jurisdiction see Anastasia Island. FLAGr 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 purposes by Executive Order, dated November 17, 1882. For jurisdiction see Anastasia Island. GASPARILLA ISLAND. This reservation includes the south end of the Island for a length of two miles from its northern extremity and is situated at the entrance to Charlotte Harbor in De Soto County. As a part of the public domain it was reserved for military purposes by Executive Order, dated Novem- ber 29, 1882. For jurisdiction see Anastasia Island. FORT JEFFERSON. This reservation contains an area of 7 acres and is situated on Gar- den Key one of the Tortugas group, being the most southwestern part of the so-called Florida Keys. It is 11 miles from Key West and 500 miles South East of Fort Barrancas. The title is as follows: All the islands and keys known as Dry Tor- tugas reserved from the public domain for military purposes by Execu- tive Order,, dated September 17, 1845, and jurisdiction was ceded to the United States by deed of the Governor of the State dated September 17, 1846. (Deed among the Fort Jefferson papers in Judge- Advocate- General's Office. ) The foregoin g described deed executed under author- ity of an act of the State Legislature approved July 24, 1845. See Auastasia Island for copy of act. 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 E. Fleming et al. to the United States, 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 to the United States, dated May 4, 1833, conveying lots therein described, recorded in Book B, page 183 of the Deed records of Monroe County; and 3. Deed from James Webb and wife to the United States, dated June 1, 1837, conveying about 8 acres, recorded in Book B, pages 390 to 398 MILITARY RESERVATIONS, ETC. 29 of the deed records of Monroe County. Consent to purchase and juris- diction 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 laud 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 instruments, which shall be executed for the conveyance of the same in pursuance of said nego- tiations. 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 contiguous sea, and used and occupied by the United States for said purposes (of erecting and constructing on said laud certain fortifications 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 con- tained 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 laud or lands when ascertained, described, and occupied as aforesaid." This act was afterwards enlarged by the Act approved July 24, 1845, for which see Anastasia Island. KEY WEST ISLAND RESERVATION. This reservation is a portion of the above-named Island and is in Monroe County. The general description is as follows: All the unsur- veyed land on Key West, Monroe County, Fla., that lies in Sections 2, 3, 4, 5, 6 and 7 in Township 68 south of Range 25 east of the Principal Meridian. The title is as follows: Part of the public domain reserved for military purposes by Executive Order, dated February 11, 1897, and jurisdiction ceded by an act of the State Legislature approved July 24, 1845. See Anastasia Island. 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. The fort and adjacent lands contain an area of 22 acres, 1 rood, and about 28 rods, and is 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 President 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' 7 was ceded by an Act of the State Legislature approved July 24, 1845. See Anastasia Island. FORT M C REE. 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 which has been erected 30 MILITARY RESERVATIONS, ETC. on Foster's Bank, which is nearly opposite to, and west of the west end of Santa Eosa Island. The title is as follows: As part of the public domain it was reserved for military purposes by Executive Order, dated February 9, 1842. For jurisdiction see Anastasia Island. MABTELLO 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. to the United States, dated April 28, 1897, and recorded in Book S of Deeds, pages 526 to 529 of the records of Monroe County. Consent to purchase by the United States as also jurisdiction ceded by an Act of the State Legislature approved July 24, 1845, for which see Anastasia Island. UNITED STATES MILITARY BURIAL GROUND. 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 E E deeds, pages 94 and 95 of the records of Monroe County. For jurisdiction see Anastasia Island. MORENO POINT RESERVATION. This reservation is situated at the entrance of Santa Eosa Sound, so much of the point opposite to, and East of the East end of Santa Eosa Island as lies in Township 2 South, Eange 22 west, Washington County; estimated area. 5,958.20 acres. The title is as follows: As part of the public domain it was reserved for military purposes by Executive Order dated February 9, 1842. For jurisdiction see Anastasia Island. MULLET ISLAND. This island is situated near the entrance to Tampa Bay and is in Hillsboro County. The whole island was reserved from the public domain for military purposes by Executive Order, dated November 17, 1882. For jurisdiction see Anastasia Island. 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 Sec- tion 9 in Township 3 South of range 29 West and fractional section 1 of Township 3 South of range 30 West. Eeserved from the public domain for the future military and naval defence of Pensacola Harbor, Florida, by Executive Order, dated August 21, 1897. For jurisdiction see Auastasia Island. POWDER OR MAGAZINE LOT AT ST. AUGUSTINE. This reservation contains an area of 11 J acres and is situated at St. Augustine, Fla. Eeserved for military purposes under the provisions MILITARY RESERVATIONS, ETC. 31 of an Act of Congress approved June 28, 1832, by order of the Secre- tary of War dated March 23, 1849. For jurisdiction see Anastasia Island. ST. ANDREW'S BAY. This reservation, including Hurricane Island, is situated near the entrance to St. Andrew's Bay in Washington County, Fla. 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 and fractional sections 8 and 9 of Township 5, South of range 14 West, including Hurricane Island. Also lots 2 and 3 of Section 15; lots 1, 2, 3, 4, and 5 of Sec- tion 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 of range 15 West. The area of surveyed land is 1,503.84 acres and of Hurricane Island, unsurveyed, about 50 acres. Reserved from the Public Domain by Executive Order, dated May 3, 1897. For jurisdiction see Anastasia Island. ST. AUG-USTINE NATIONAL CEMETERY. Formerly the Post Cemetery at St. Augustine, Fla., contained an area of about 0.58 acre. For jurisdiction see Anastasia Island. ST. FRANCIS BARRACKS AND HOSPITAL LOT. This reservation, including the Hospital lot, east of and separated from the barracks by Marine or Barrack Street, contains 5 acres, 2 roods and 127.75 yards, and is situated Southeast of and adjoining St. Augustine, Fla., on Mautanzas Eiver. The title is as follows : Ceded by Spain to the United States under Treaty dated February 19, 1819. Eeserved for military purposes under Act of Congress approved June 28, 1832. Formally reserved by Executive Order of October 12, 1838, and February 9, 1842. Deed from Anthelm Gay to the United States, dated June 5, 1827, conveying 480 square yards. Jurisdiction over these reservations was ceded to the United States by deed of the Gov- ernor 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. See Anastasia Island for Act of State Legislature authorizing deed. ST. JOSEPH'S BAY RESERVATION. This reservation includes the whole neck or peuinsula 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 as follows: Eeserved for military pur- poses under the provisions of an Act of Congress approved June 28, 1832, by order of the Secretary of War, dated March 23, 1849. For jurisdiction see Anastasia Island. SANTA ROSA ISLAND (FORT PICKENS). This reservation embraces the whole Island; is unsurveyed. It is situated off the southern end of Santa Eosa County extending along the coast the full width of said county. Fort Pickens on the western 32 MILITARY RESERVATIONS, ETC. point is 1 mile from Fort Barrancas. Title to tlie Island was acquired as follows : Deed from Joseph M. White, Attorney in fact of Henry Michelet, to the United States, dated May 28, 1828, conveying 1,181 acres on the west end of Santa Kosa Island, recorded in Deed Book No. 2 pages 350 and 351 Santa Kosa County Kecords. (Keport 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 succeeded Spain under the Treaty of 181 9.) The Island was reserved for naval purposes by Executive Order, dated April 21, 1838. The west end of Island transferred to War Department, by Executive Order dated May 21, 1888. The reservation modified and extended to include the whole of said Santa Kosa Island by Executive Order, dated July 2, 1888. For jurisdiction see Anastasia Island. FORT TAYLOR. This reservation is situated at the southwestern extremity of the city of Key West, and contains an area of 62.89 acres. The title is as follows : 1. Deed from John Bancroft, Trustee, et al., to the United States, dated October 15, 1845, conveying 11.89 acres, recorded in Deed Book 1), pages 86 to 88 of the Deed records of Monroe County. 2. Deed from William C. Greene and Elizabeth M. Greene to the United States, dated December 23, 1845, conveying 29 acres, recorded in Deed Book D, pages 104 to 106 of the deed records of Monroe County. 3. Deed from Hetty Greene to the United States, dated January 6, 1846, quitclaims interest in the 29 acres, recorded in Book D, page 107 of the records of Monroe County. Jurisdiction was ceded by the acts of the State Legislature approved July 8 and July 24, 1845, for which see Key West Barracks for the former and Anastasia Island for the latter act. 4. Deed from John W. Simonton to the United States, dated Febru- ary 17, 1846, conveying 22 acres, recorded in Deed Book D, pages 131 and 133 of the deed records of Monroe County. TOWER NO. 1 AT KEY WEST. This reservation comprises square No. 27 and contains 33 acres and is situated on the southern coast of the Island of Key West. The title is as follows: Taken possession of for military purposes by order of the Secretary of W T ar dated September 21, 1861. For jurisdiction see Anastasia Island. TOWER NO. 2 AT KEY WEST. This reservation is situated at the southeastern extremity of the Island of Key West. The title is as follows : Taken possession of for military purposes by order of the Secretary of War, dated September 21, 1861. For jurisdiction see Anastasia Island. TWO ISLANDS NEAR ST. AUGUSTINE. These are small Islands in the main channel of the Muntsm/as Kiver near St. Augustine and contain an area aggregating about 2 acres. MILITARY RESERVATIONS, ETC. 33 The title is as follows : As part of the public domain were reserved for military purposes by Executive Order dated May 31, 1892. For jurisdiction see Anastasia- Island. VIRGINIA KEY. This reservation is situated between Norris Out and Bear Cut in Bis- cayneBay in Bade County, Flu., and includes all the lands unsurveyed that lie in Sections 17 and 20, in Township 54, south of Range 42 east of Principal Meridian. Title is as follows : Part of Public Domain reserved for military purposes by Executive Order, dated February 11, 1897, and jurisdiction ceded by an act of the State Legislature approved July 24, 1845. See Anastasia Island. GEORGIA. AUGUSTA ARSENAL. This reservation lies near the city of Augusta in Richmond County and contains an area of about 119.1 acres. The title is as follows: 1. Deed from George Pearson and wife to James Madison, President of the United States, his successors in office, etc., dated December 9, 1816, conveying 40.0 acres, recorded in Clerk's Office of the Superior Court in Deed Book K folios 564 and 565 of the deed records of Rich- mond County. 2. Deed from Lucy M. Yarnold late Lucy M. Pearson, Administra- trix, and John H. Mason, Administrator, etc., to James Monroe Presi- dent of the United States, his successors in Office, etc., dated April 12, 1822, conveying 8.5 acres, recorded in the Clerk's Office of the Superior Court in Deed Book R folios 327 to 329 of the deed records of Rich- mond County. 3. Deed from Freeman Walker to the President of the United States and his successors in Office, dated November 9, 1826, conveying 70 acres, recorded in the Clerk's Office of the Superior Court in Deed Book T folios 152 and 153 of the deed records of Richmond County. For consent to the purchase and jurisdiction over the 70 acres last above described the act of the State Legislature approved December 26, 1826, 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 sit- uated 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 herby ceded to the United States: Provided, hotvever, 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." FORT M C PHERSON. This reservation contains 236.41 acres and 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 to the United States, dated September 9, 1885, conveying 15 acres, recorded in the Clerk's Office of the Supe- rior Court, Book Z Z, page 212, of the deed records of Fulton County. 205 3 34 MILITARY RESERVATIONS, ETC. 2. Deed from Flavins J. Bomar to the United States, dated Septem- ber 9, 1885, conveying 26.17 acres, recorded in the Clerk's Office of the Superior Court, Book Z Z, page 216, of the deed records of Fulton County. 3. Deed from Mary S. Connally to the United States, dated Septem- ber 9, 1885, conveying 24.61 acres, recorded in the Clerk's Office of the Superior Court, Book Z Z, page 215, of the deed records of Fulton County. 4. Deed from Elizabeth S. Silvey to the United States, dated Sep- tember 9, 1885, conveying 25.76 acres, recorded in the Clerk's Office of the Superior Court, Book Z Z, page 214, of the deed records of Fulton County. 5. Deed from Annie M. Smith to the United States, dated September 9, 1885, conveying 48.55 acres, recorded in the Clerk's Office of the Supe- rior Court, Book Z Z, page 213, of the deed records of Fulton County. 6. Deed from Lemuel P. Grant to the United States, dated August 18, 1885, conveying 23.70 acres, recorded in the Clerk's Office of the Superior Court, Book C 3, page 103, of the deed records of Fulton County. 7. Deed from Aquilla J. Cheney to the United States, dated August 20, 1886, conveying 24.94 acres and a small triangular piece containing about 22,080 square feet, recorded in the Clerk's Office of the Superior Court, in Book C 3, page 101, of the deed records of Fulton County. 8. Deed from Ada L. Moore to the United States, dated August 23, 1886, conveying 23.87 acres, recorded in the Clerk's Office of the Supe- rior Court, Book C 3, page 102. of the deed records of Fulton County. 9. Deed from Mrs. C. C. Mies to the United States, dated August 23, 1886, conveying 23.55 acres, recorded in the Clerk's Office of the Supe- rior Court, Book C 3, page 104, of the deed records of Fulton County. 10. Deed from Mary S. Connally to the United States, dated Septem- ber 10, 1886, conveying 14,700 square feet, recorded in the Clerk's Office of the Superior Court, Book C 3, page 100, of the deed records of Fulton County. 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 Eepresentatives 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, u 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 Kulb, 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 trans- ferred, and every portion thereof so far that all process, civil or criminal, MILITARY RESERVATIONS, ETC. 35 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.'' FORT MPHERSON RIFLE RANGE. This reservation contains about 1,271 acres, and is situated in Carroll and Haralson Counties, near Bremen, Ga. The title was acquired by Deed from J. P. Boatright and K. H. Parker, conveying to the United States by deed, dated January 13, 1806, 1,271 acres reserving a burial lot in the Northeast Corner of tract containing 6,400 square feet. Deed recorded in the Clerk's Office of the Superior Court, Book Z, page 82 of the deed records of Carroll County. For jurisdiction see Fort McPherson. FORT OGLETHORPE. This reservation contains 69,000 square feet and is situated on the west bank of the Savannah Kiver, 3 miles below the City of Savannah. The title is as follows : Deed from Nichol Trumbull to Thomas Jefferson, President of the United States and his successors in office, dated May 16, 1808, convey- ing Wharf Lot 12, 200 by 345 feet, recorded in Book B B, folio 162 in the Clerk's Office of Chatham County. Jurisdiction was ceded by an act of the General Assembly of the State of Georgia, approved Decem- ber 22, 1808, which provides as follows : u Be it enacted, etc., 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." POINT PETER. This reservation contains about 720 acres and is situated at the mouth of St. Marys Kiver in Camden County. The title was acquired as follows : Deed from Samuel Breck, surviving Executor, etc., to the United States, dated January 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. For jurisdiction^ etc., see Fort Oglethorpe. See Appendix, pages 284, 285. 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. to the United States, 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 36 MILITARY RESERVATIONS, ETC. records of Chatham County, (the 20 acres being reserved for public purposes). 2. Act of the State Legislature, approved December 30, 1820, ceding interest of State to remainder, the jurisdiction being also ceded. The Act is as follows : AN ACT to cede to the United States of America the interest of the State in, and its jurisdiction to certain sites on the Savannah Kiver, whereon Beacons have been erected. (Sec. 19, Princes Digest, p. 155.) " 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 Savannah Eiver and like- wise the jurisdiction to and over the same be and the same, are hereby ceded to and vested in the said United States of America." See also Fort Oglethorpe. Jurisdiction as also title were also ceded by the following act approved December 27, 1845. "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 fortifi- cations 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 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 whjole 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 America 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." TYBEE ISLAND. This reservation contains an area of 210 acres, and is situated at the mouth of the Savannah Eiver about 17 miles from the City of Savannah in Chatham County. The title is as follows: Deed from John Scree ven et al. to the United States, 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 E E R E, folio 390 of the deed records of Chatham County. For jurisdiction see Fort Oglethorpe. MILITARY RESERVATIONS, ETC. 37 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 folfows : Taken possession of about May 10, 1865; possession retained for National Cemetery purposes and land appraised, paid for and title con- firmed in the United States under the provisions of " An act to estab- lish and to protect National Cemeteries," approved February 22, 1867. Jurisdiction was ceded by an act of the State Legislature approved October 25, 1870, which provides as follows : u 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 laud 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 tract or parcel of laud containing four and eleven one-hundredths (4 and iVo) acres * * * on which said tract or parcel of land is located the National Cemetery at Marietta, in the county of Cobb, and State afore- said; and also all that tract or parcel of laud known and distinguished as lot number one hundred and eighty-one (181) in the twenty-ninth district of Sumter County, State aforesaid, containing two hundred and two and a half (202J) 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." 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 to the United States, 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 to the United States, dated Sep tember 23, 1867, conveying 4^ acres additional lands, recorded in Clerk's Office of Superior Court in Deed Book A pages 389 and 390 of the deed records of Cobb County. Deed of relinquishment from Sarah M. Black to the United States, dated January 25, 1870, relinquishinginterestin above 4^ acres recorded in Clerk's Office of Superior Court Deed Book B pages 542 to 544 of the deed records of Cobb County. For jurisdiction see Andersonville National Cemetery. CHICKAMAUOA AND CHATTANOOGA NATIONAL MILITARY PARK. The park proper contains an area of 5,506 acres, and is situated in the counties of Walker and Catoosa, in the State of Georgia. Included 38 MILITARY RESERVATIONS, ETC. in the Park reservation, but outside of the park proper, are the fol- lowing, situated in Hamilton County, in the State of Tennessee, viz: Lookout Mountain, 82 acres; Orchard Knob, 7.04 acres; Braggfs Head- quarters, -.50 acres; De Long place, 5.25 acres, and Trueblood's, 50.00 acres. The lands were acquired for the establishment 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, 1897, and June 5, 1897.) The title to said several tracts is as follows : 1. Decree of condemnation for part of lot No. 118, in Ninth District, Fourth section, of Walker County, Ga., containing 141.3 acres, in case No. 157, The United States v. Stephens E. Kiusey, 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. 2. Decree of condemnation for part of Lot 118, in same District, Sec- tion, 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 December 17, 1891, and filed in the Clerk's Office December 17, 1891. 3. Decree of condemnation for part of Lot 119, in same District, Sec- tion, County, and State, containing 23.54 acres, in case 150, The United States r. John 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. 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, Sec- tion, 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 i\ 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., contain- ing 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 to the United States, dated Feb- ruary 10, 1892, conveying 151 acres of Lot 120, in Ninth District, Fourth Section of Catoosa County; also 9.2 L acres in same district and sec- tion of Walker County, Ga. Recorded in Clerk's Office of Superior Court in Book H, page 422 of the deed records of Catoosa 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, Section, County, and State, containing 92.63 acres, in case No. 137, The United States v. Win. F. Conner and John Koark, in the Circuit Court of the MILITARY RESERVATIONS, ETC. 39 United States for the Northern District of Georgia. Decree rendered January 6, 1893, and filed in the Clerk's Office January 0, 1893. 9. Deed from William F. Conner and John Eoark to the United States, dated February 11, 1892, conveying part of Lot 122, in sanre district, Section, County, and State, containing 72.5 acres, including equity in Reed's Bridge or Kinggold road, recorded in Clerk's Office of Superior Court, Book I, pages 42 and 43 of the deed records of Catoosa County. 10. Deed from William F.Conner and John lioark to the United States, dated February 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 to the United States, dated February 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 to the United States, dated Feb- ruary 10, 1892, conveying Lot 131, in same District, Section, County, and State, containing 168.68 acres, recorded in the Clerk's Office of the Superior Court, Book H, page 432, of the deed records of Oatoosa 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 Decem- ber 18, 1891, and filed in the Clerk's Office December 18, 1891. 17. *Deed from Georgia A. Thomas et al. to the United States, dated February 12, 1892, conveying Lot 132, in same District, Section, County, and State, containing 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 to the United States, dated October 9, 1891, conveying Lot 133, m 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. 40 MILITARY RESERVATIONS, ETC. 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. 1 )ecree rendered December 16, 1891, and filed in the Clerk's Office December 16, 1891. 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 r. Elizabeth C. Corbley, in the Circuit Court of the United States for the Northern District of Georgia. Decree rendered December 16, 1891, and filed in Clerk's Office December 16, 1891. 22. Decree of condemnation for part 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 Circujt 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. 23. Deed from Milton, Eichmond C., and Elizabeth C. Corbley to the United States, dated October 7, 1891, conveying Lot 135 in same Dis- trict, 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 condemation 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 rendered 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 24 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 December 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 104^ 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 December 17, 1891, and filed in Clerk's Office December 17, 1891. 27. Deed from Sillsbee Dyer et a), to the United States, dated Octo- ber 7, 1891, conveying Lot 155, containing 165 acres, and Lot 170, con- taining 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. McConuell 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 Decem ber 17, 1891, and filed in Clerk's Office December 17, isl. 30. Deed from Mary V. Bird, formerly Mary V. Freeman, to the United States, 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. MILITARY RESERVATIONS, ETC. 41 31. Decree of condemnation for part of Lot 157, in the same District, Section, County, and State, containing 40 acres, in Case No. 141, The United States r. A. C. Stone and J. M. Jones, 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. 32. Deed from Adrian C. Stone and James M. Jones to the United States, dated February 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, Section, County, and State, containing 1G3.56 acres, in Case No. 142, The United States v. Don Cameron Heed, 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. Keed to the United States, 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, Sec- tion, County, and State, containing 8.50 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 Feb- ruary 11, 1892, and filed in the Clerk's Office February 11, 1892. 36. Deed from Edgar L. Park to the United States, dated February 10, 1892, conveying part of Lot 159 in same District, Section, County, and State, containing 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 District, 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 to the United States, dated February 10, 1892, conveying part of Lot 159 in same District, Section, County, and State, containing 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, Sec- tion, 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 Decem- ber 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, The United States v. Joseph W. Osborn 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. 41. Deed from Joseph W. Osborn to the United States, dated Febru- ary 13, 1892, conveying part of Lot 167 in same District, Section, County, and State, containing 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. 42. Decree of condemnation for part of Lot 167 in same District, Section, County, and State, containing 78.41 acres, in Case No. 144, 42 MILITARY RESERVATIONS, ETC. The United States v. William P. 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 to the United States, dated March 27, 1893, conveying part of Lot 167 in same District, Section, County, and State, containing 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 Decem- ber 18, 1891, and filed in the Clerk's Office December 18, 1891. 45. Deed from John C. Speers to the United States, dated February 10, 1892, conveying part of Lot 167 in same District, Section, County, and State, containing 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. to the United States, dated February 12, 1892, conveying Lot 168 in same District, Section, County, and State, containing 163 acres. Recorded in Clerk's Office of the Supe- rior Court, Book H, page 513, of the deed records of Catoosa County. 48. Quitclaim Deed from Wm. J. Brotherton to the United States, dated April 25, 1892, conveying Lot 168 of the same District, Section, County, and State, containing 160 acres. Eecorded 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, Section, 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 Decem- ber 16, 1891, and filed in the Clerk's Office December 16, 1891. 50. Deed from James L. Brotherton et al. to the United States, 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 District, Fourth Section of Walker County, Ga., containing 49 acres, in Case No. 132, The United States v. William M. Ireland, 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. 52. Deed from Charles J. Osburn to the United States, dated June 25, 1892, conveying part of Lot 170 in same District, Section, County, and State, containing 8 acres and reversionary interest in right of way occupied by Chattanooga, Rome and Columbus Railroad. Recorded in Clerk's Office of Superior Court, Book No. 8, pages 358 and 359, of the deed records of Walker County. MILITARY RESERVATIONS, ETC. 43 53. Deed from Julia A. Rush to the United States, 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 Chatta- nooga, Eome and Columbus Railroad Company, GO feet wide and 671 feet long, also conveys 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 to the United States, 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. Sec- tion, 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, Sec- tion, 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 the Northern District of Georgia. Decree rendered Decem- ber 17, 1891, and filed in the Clerk's Office December 17, 1891. 57. Deed from George W. Brotherton to the United States, dated February 10, 1892, conveying part of Lot 191, in same District, Section, County, and State, containing 185 acres, and also his reversionary inter- est in the land occupied by the Chattanooga, Rome and Columbus Rail- road. 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 rendered 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 rendered December 18, 1891, and filed in the Clerk's Office December 18, 1891. 60^ Deed from Frank P. Case et al. to the United States, dated Feb- ruary 10, 1892, conveying Lot 193 in same District, Section, County, and State, containing 183.31 acres. Recorded in Clerk's Office of the Supe- rior Court, Book H, page 443 of the deed records of Catoosa County. 61. Deed from James C. Gordon to the United States, dated Febru- ary 10, 1892, conveying Lot 193 in same District, Section, County, and State, containing " all interest," etc. Recorded in the Clerk's Office of the Superior Court, Book H, page 447 of the deed records of Catoosa County. 62. Decree of condemnation for Lot 194 in same District, Section, County, and State, containg 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 17, 1891, and filed in the Clerk's Office December 17, 1891. 44 MILITARY RESERVATIONS, ETC. 63. Decree of condemnation for part of Lot 195, in same District, Sec- tion, 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 agreement between J. C. Gordon and U. S. Agent filed in said cause reserving creek and water power, etc., dated November 25, 1891. 64. Deed from James C. Gordon to the United States, dated August 2, 1892, conveying part of Lot 194, in same District, Section, County, and State, containing 170 acres; also part of Lot 195, in same District, etc., containing 135.91 acres ; also part of Lot 203, in same District, etc., containing 92 acres; also part of Lot 166, in same District, etc., con- taining 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, Sec- tion, County, and State, containing 79.23 acres, in Case No. 172, The United States v. Caroline Thedford et al., in the Circuit Court of the United States for the Northern District of Georgia. Decree 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, Sec- tion, 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 United States for the Northern District of Georgia. Decree rendered December 18, 1891, and filed in the Clerk's Office December 18, 1891. 67. Decree of condemnation for part of Lot 205 in same District, Sec- tion, County, and State, containing 76.55 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 to the United States, dated March 14, 1892, conveying part of Lot 205 in said District, Section, County, and State, containing 76.55 acres. Recorded in the Clerk's Office of the Superior Court, Book H, page 518 of the deed records of Catoosa County. 69. Decree of condemnation for part of Lot 206 in Ninth District, Fourth Section of Walker County, Ga., containing 80.72 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 ren- dered December 18, 1891, aiid filed in the Clerk's Office December 18, 1891. 70. Deed from James B. Horton to the United States, dated April 16, 1892, conveying part of Lot 206 in same District, Section, County, and State, containing 79.72 acres. Recorded in the Clerk's Office of the Superior Court, Book No. 8, pages 276 and 277 of the deed records of Walker County. 71. Decree of condemnation for part of Lot 206, in same District, Sec- tion, 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 rendered February 12, 1892, and filed in Clerk's Office February 12, 1892. 72. Decree of condemnation for part of Lot 206, in same District, Sec- MILITARY RESERVATIONS, ETC. 45 tion, 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 rendered Decem- ber 16, 1891, and filed in the Clerk's Office December 16, 1891. 73. Deed from W. M. Ireland to the United States, dated February 10, 1892, conveying part of Lot 206, of the same District, Section, County, and State, containing 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, Sec tion, County, and State,' and part of Lot 228, in same District and Sec- tion 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 consoli- dated cases Nos. 147 and 170, The United States v. John T. Scott et al., in the Circuit Court of the United States for the Northern 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 District, 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 rendered February 12, 1892, and filed in the Clerk's Office February 12, 1892. See also Decree in same case amending former Decree, rendered May 3, 1892, and filed with original Decree. 77. Decree of condemnation for part of Lot 230, in same District, Sec- tion, 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 rendered Febru- ary 11, 1892, and filed in the Clerk's Office February 11, 1892. 78. Deed from Jeptha F. Hunt to the United States, dated February 27, 1892, conveying 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 J. J . Myers and wife to the United States, dated April 5, 1893, conveying an undivided half 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 15, et seq., of the deed records of Hamilton County. 80. Deed from the McCallie Avenue Laud and Improvement Com- pany to the United States, 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 the deed records of Hamilton County. 81. Deed from Mary Anderson et al. to the United States, dated April 20, 1893, conveying 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 the deed records of Hamilton County. 46 MILITARY RESERVATIONS, ETC. 82. Deed from The Bragg Hill Laud Company to the United States, 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 the deed records of Hamilton County. 83. Deed from Kate M. James et al. to the United States, dated December 19, 1892, conveying 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 the deed records of Hamilton County. 84. Deed from Jesse D. Trueblood and wife to the United States, dated December 8, 1894, conveying 17.70 acres, excepting Lots 5, 6, 62, and 63, therein described, in Hamilton County, Tenn. (Trueblood's.) Deed, etc., entered in Notebook No. 8, page 190, and recorded in Book X, Vol. 5, page 322 et seq., of the deed records of Hamilton County. 85. Deed from C. A. Crow and wife to the United States, dated November 21, 1894, conveying 12 acres in Hamilton County, Tenn. Deed, etc., entered in Notebook No. 8, page 166, and recorded in Book X, Vol. 5, page 54 et seq., of the deed records of Hamilton County. 86. Deed from Philomene P. Myer to the United States, dated Novem- ber 26, 1894, conveying Lots 5 and 6 in Trueblood's subdivision of Sher- man Heights, in Hamilton County, Term. Deed, etc., entered in Note- book No. 8, page 203, and recorded in Book X, Vol. 5, page 464 et seq., of the deed records of Hamilton County. 87. Deed from the Covenant Building and Law Association to the United States, dated March 5, 1895, conveying Lots 62 and 63, in True- blood's subdivision, etc., Hamilton County, Tenn. Deed, etc., entered in Notebook No. 8, p. 203, and recorded in Book X, Vol. 5, page 466 et seq., of the deed records of Hamilton County. 88. Deed from John A. Moore and wife to the United States, dated November 22, 1894, conveying about 15.75 acres on Missionary Kidge, in Hamilton County, Tenn. Deed, etc., entered in Notebook No. 8, page 166, and recorded in Book X, Vol. 5, page 51 et seq., of the deed records of Hamilton County. 89. Deed from Mrs. N. J. McMillin to the United States, dated Sep- tember 4, 1896, conveying 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 Chattanooga and Lookout Mountain Eailway and the base of the west bluff of Lookout Mountain, in Hamilton County, Tenn. Deed entered in Notebook No. 8, page 369, and recorded in Book F, Vol. 6, page 712 et seq., of the deed records of Hamilton County. 90. Deed from W. G. E. Cuunynghain and wife et al. to the United States, dated September 4, 1896, conveying 46.26 acres of land in the Seventeenth District of Hamilton County, Tenn. Deed entered in Note- book No. 8, page 384, and recorded in Book H, Vol. 6, page 339 et seq., of the deed records of Hamilton County. 91. Deed from E. W. Wallace and wife to the United States, dated December 21, 1896, conveying 144,000 square feet of land in the Seven- teenth District of Hamilton County, Tenn. Deed entered in Notebook No. 8, page 384, and recorded in Book H, Vol. 6, page 338 et seq., of the deed records of Hamilton County. 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 1. Be it enacted, etc., That the jurisdiction of this State is hereby ceded to the United States of America over all such lands MILITARY RESERVATIONS, ETC. 47 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 Con- gress may deem best: Provided, That this cession is upon the express 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 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 lauds 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, fur- ther, 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 nine- teenth, eighteen hundred and ninety, or with any laws, rules, or regu- lations that Congress may hereafter adopt for the preservation and protection of its property and rights in said ceded territory and the proper maintenance of good order therein : Provided, further, That this cession shall not take effect until the United States shall have acquired title to said lands." (Act of November 19, 1890.) " 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 begin- ning at or within the corporate limits of the town of Chickamauga and running northwardly and east of the railway known as Chattanooga, Korne and Columbus Eailroad, on such route as nad, 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 section 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 persons 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 Government may desire for its use, and that the property belonging to persons residing in said ceded ter- ritory 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 Congress 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 preser- vation or protection 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 ijoiprovemeut, 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.) 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 January 24, 1895, which provide 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 jurisdiction 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 jurisdic- tion of the United States over any matter or subjects set out in the act of Congress establishing said National Park, approved August nine- teenth, eighteen hundred and ninety, or with any laws, rules, or regu- lations that Congress may hereafter adopt for the preservation and protection of its property and rights on said ceded roads and the proper maintenance of good order thereon." (Act of January 30, 1891.) MILITARY RESERVATIONS, ETC. 49 u SECTION 1. Be it enacted by the general assembly of the /State of Ten- nessee, 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 lauds 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 subjects set out in the act of Congress establishing said National Park, approved August nineteenth 1 , eighteen hundred and ninety, or with any laws, rules, or regulations that Congress may hereafter adopt for the preser- vation 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.) 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. 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 hereafter acquired and held by the United States for military purposes, either as additions to the said posts or as new military posts or reservations which may be established for the common defense; and, also, all such lauds within the State as may be included in the territory of the Yellowstone National Park, reserving, however, to this State a concurrent jurisdic- tion 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 States and not incompatible with this cession." FORT SHERMAN. This reservation contains 989.90 acres and is situated onCoeur d'Alene Lake at the outlet of Spokane Eiver, in Kootenai County. Post estab- lished at Coeur d'Alene April 16, 1878, and name changed to Fort Sherman April 12, 1887. Being part of the public domain it was reserved for military purposes by Executive Order, dated August 25, 1879; April 22, 1880, and May 26, 1891. For jurisdiction see Boise Barracks. 205 4 50 MILITARY RESERVATIONS, ETC. ILLINOIS. BOCK ISLAND ARSENAL. This reservation, embracing the entire island of Rock Island, con- tains 896.62 acres and is situated in the Mississippi Eiver adjacent to the City of Eock 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, Governor and Superintendent of Indian affairs for the Territory of Indiana and District of Louisiana, at St. Louis, Mo., in November, 1804, but the res- ervation 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 pos- session 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 receiving patent therefor), area 157.81 acres, and by an 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 Township 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 pro- ceeding in the Circuit Court of the United States for the Northern Dis- trict 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. 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 North- ern 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. MILITARY RESERVATIONS, ETC. 51 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 North- ern District of Illinois, entitled Peter Peterson r. 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 certain chan- cery 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 Iloutoou, 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 rendered 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 Meridian, containing 7.60 acres, a certain Bridge Roadway and embankment and approaches leading thereto from the City of Rock Island across Wil- son's Island, etc., in a certain chancery proceeding entitled The City of Rock Island v. The United States. Decree rendered 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 Moliue on the main shore (Provision for free use of streets of Moline connect- ing 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 to the United States, dated December 23, 1890, conveying the right of way for a viaduct, etc. Deed recorded in Book 87, page 460, of the deed records of Rock Island County. 11. (For same.) Deed from the Moline and Rock Island Railroad Company to the United States, dated January 19, 1890, ceding a por- tion of its right of way. Deed recorded in Book 87, page 469, of the deed records of Rock Island County. 12. (For same.) Deed from the St. Louis, Rock Island and Chicago Railroad Company to the United States, dated January 23, 1891, convey- ing portion of its right of way. Deed recorded in Book 87, page 465, of the deed records of Rock Island County. 13. (For same.) Deed from the City of Rock Island to the United States, dated December 17, 1890, conveying right of way. Deed recorded in Book 87, page 453, of the deed records of Rock Island County. 14. Ordinance of City Council of the City of Rock Island author- izing foregoing conveyance. Certified copy recorded in Book 87, page 457, of the deed records of Rock Island County. 52 MILITARY RESERVATIONS, ETC. 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 Hock Island and the small islands contiguous thereto, known as Ben- hams, Wilsons, and Wiuuebago 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, provided that the Commanding Officer shall, on application of a competent 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. u 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 Camp Butler National Cemetery for Act of State Legislature approved December 14, 1871. See Appendix, pages 311, 312. FORT SHERIDAN. This reservation contains an area of 632.50 acres and is situated in Lake County, 25 miles north of the City of Chicago, on Lake Michigan. The reservation 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 conveyed as follows : 1. Deed from Adolphus C. Bartlett et al. to the United States, dated October 6, 1887, conveying 598.50 acres in Lake County. Deed recorded in Vol. 86, page 406 et seq., of the deed records of Lake County. 2. Deed from Adolphus C. Bartlett et al. to the United States, dated October 6, 1887, conveying 34 acres in Lake County. Deed recorded in Yol. 86, page 410 et seq., of the deed records of Lake County. By an Act of the State Legislature, approved June 6, 1887, consent to the purchase of the foregoing lauds was given and jurisdiction ceded as follows : " SECTION 1. Be it enacted, etc., That the consent of the State of Illi- nois 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 above conveyed]. " 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 con- current jurisdiction with the United States in and over the said prop- erty so far as that the execution of all civil and criminal processes 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 con- sent had not been given or jurisdiction ceded, except so far as such processes may aifect 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. MILITARY RESERVATIONS, ETC. 53 " SEC. 5. The said property, Avhen 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 exon- erated and discharged from all taxes, assessments, and other charges which may be levied or imposed under the authority of this State." ALTON CEMETERY. (Burial lot for prisoners of War.) This lot contains an area of 0.44 acre, and is the southeast part of lot 23 in Mourner's first subdivision of the N W. J of Sec. 2, T. 5, N. E. 10 TV. of the third Principal Meridian in the County of Madison. The title is as follows: Deed .from Thomas Dunlbrd and wife to the United States, dated October 15, 1867, and recorded in book 104, page 17, of the deed records of Madison County, and jurisdiction was ceded to the United States by aii 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 Eange ten (10) West of the third (3) principal meridian. 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 maybe executed on said real estate as if such jurisdiction had not been ceded." CAMP BUTLER NATIONAL CEMETERY. This reservation contains 6.02 acres and is situated about 2 miles from the town of Eiverton, in Sangamon County. The title is as fol- lows: Deed from Polly Miller, Executrix, etc., to the United States, dated September 6, 1865, conveying the above lands as a part of Sec. 16, T. 16, N. E. 4 W. of Third Principal Meridian. Deed recorded in Book No. 25, page 327, of the deed records of Sangainon County. Jurisdiction was ceded by an Act of the State Legislature, approved December 14, 1871, as follows : "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 otherwise acquired, and shall have the right of exclusive legislation and concur- rent 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." 54 MILITARY RESERVATIONS, ETC. MOUND CITY NATIONAL CEMETERY. This reservation contains about 10.50 acres and right of way, is situated at Mound City, in Pulaski County, and title was acquired as follows : 1. Deed from Hiram Ketchuin to the United States, dated May 4, 1867, releasing all right, title, etc., in the 10 acres in SB. J sec. 26, in T. 16, S. II. 1 W. described therein. Deed 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, to the United States, dated May 4, 1867, convey- ing by deed of bargain and sale the above 10 acres. Deed recorded in Book T, page 321, etc., of the deed records of Pulaski County. 3. Deed from Samuel Staats Taylor and Edwin Parsons, trustees, etc., to the United States, dated November 28, 1873, conveying 0.50 acre adjoining the foregoing described 10 acres. Deed recorded in Book W, page 146. of the deed records of Pulaski County. 4. Deed from Charles Parsons, trustee, etc., to the United States, dated November 28, 1873, releasing all interest, etc., in the above 0.50 acre. 5. Deed from Commissioners of Pulaski County to the United States, dated August 11, 1882, conveying a right of way from Mound City to the cemetery 100 feet wide by 3,431 feet long. Deed recorded in Book Y, page 129, of the deed records of Pulaski County. 6. Deed from Henry Parsons and Edwin Parsons, Trustees of the Cairo Trust Property, to the United States, dated August 5, 1896, con- veying a roadway to the Mound City National Cemetery. Deed recorded in Book 8, page 201, etc., of the deed records of Pulaski County. For jurisdiction see Camp Butler National Cemetery. 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 to the United States, dated April 25, 1866, conveying all of Division 1 in Section Let- ter K of the plat of a portion of said Cemetery, etc., being 18,340 square feet. Deed recorded in Book 340 7 page 466, of the records of Oak Woods Cemetery. See also Book 16, page 247. 2. Deed from The Oak Woods Cemetery Association to the United States, dated May 1 , 1867, conveying all of Division 2 in Section Let- ter K of the plat of a portion of said Cemetery, being 50,724 square feet. Deed recorded in Book 428, page 581, of the records of Oak Woods Cemetery. Plat of Cemetery recorded in Book 164, page 198, of Maps in the Recorder's Office of Cook County. For jurisdiction see Camp Butler National Cemetery. WOODLAWN CEMETERY, " SOLDIER'S LOT." This property is known as Lot No. 33, in Block 1, in Woodlawn Cemetery, in the County of Adams, 111. The title is as follows: Deed from John Wood, Attorney in fact, etc., to the United States, dated February 12, 1870, conveying above lot. Deed recorded in Book 1 of Cemetery Lots, pages 70 and 71, of the deed records at Quincy, Adams County. For jurisdiction see Camp Butler National Cemetery. MILITARY RESERVATIONS, ETC. 55 ROCK ISLAND NATIONAL CEMETERY. This cemetery contains an area of a little over 1 acre, and is situated near the upper or north end of the island of Rock Island, and is a part of that reservation. About 350 feet north of the above cemetery is a burial lot in which are buried the remains of 1,928 confederate soldiers who died here while held as prisoners of war. For title, jurisdiction, etc., see Rock Island Arsenal. INDIANA, INDIANAPOLIS ARSENAL. This reservation contains 75.14 acres, and is situated in the City of Indianapolis, Marion County. The title was acquired as follows: 1. Deed from Calvin Fletcher, Jr., and wife to the United States, dated December 15, 1862, conveying the E. J of the NW. J of Sec. 6, T. 15, N. R. 4 E., containing 75.14 acres, excepting Lot No. 1, containing 6 acres. Deed recorded in Book No. 17, page 403, of the deed records of Marion County. 2. Deed from Allen R. Benton and wife to the United States, dated December 22, 1862, conveying Lot 1, containing 6.70 acres (being the Lot excepted from deed of Fletcher, Jr., and wife). Deed recorded in Book No. 17, page 404, of the deed records of Marion County. 3. Deed from Stoughton A. Fletcher and wife to the United States, conveying roadway, etc., dated November 2, 1863, and recorded in Book MM, page 158, of the records of Marion County. C Deed from Herrnon Sturm and wife to the United States, dated November 2, 1863, conveying roadway, etc. Deed recorded in Book MM, page 157, of the deed records of Marion County. Jurisdiction was ceded to the United States by the following act of the State Legislature, approved February 21, 1863 : "Whereas, The United States have recently appropriated money for the purchase of a site in or near the City of Indianapolis, and the erection thereon of buildings and necessary machinery for a National Arsenal and Armory; And Whereas, it is deemed, by the General Assembly, greatly to the interest of the State of Indiana that said Arsenal and Armory should be so located and erected : "SECTION 1. Be it enacted, etc., That jurisdiction of the following lands and their appurtenances, that have been purchased for the erec- tion and construction of said buildings and machinery, to wit: the East half of the northwest quarter of section six, township fifteen, north of range four east, in Marion County, be, and the same is hereby, ceded to the United States of America: Provided, hoicever, That all civil and criminal process issued under the authority of this State, or any officer thereof, may be executed on said lands, or 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. That the lands above described, and their appurtenances, and all buildings and other property that maybe thereon, shall forever hereafter be exempted from all state, county, and municipal taxation and assessment whatever, so long as the same shall remain the prop- erty of the United States of America." 56 MILITARY RESERVATIONS, ETC. JEFFERSONVILLE DEPOT. This reservation is located iii Jefferson ville, Clark County, Ind., and contains an area of 17.10 acres. The title is as follows : Deed from the City of Jeffersonville to the United States, dated December 2, 1870, conveying the 17.10 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. Deed recorded in the Recorder's Office in Book No. 61, pages 183, 184, and 185, of the deed records of Clark County. Jurisdiction was ceded to the United States by Joint Resolution No. 2 of 1871, which is as follows : a Whereas the City of Jefferson ville, Indiana, has granted and con- veyed to the United States the premises hereinafter described for mili- tary 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 jurisdiction 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 seven- teen and four-tenths (17.4) acres, more or less.") CROWN HILL NATIONAL CEMETERY. This reservation, containing 1.37 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 pla": 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 Crown Hill Cemetery (a corporation) to the United States dated August 27, 1866, and recorded in the Crown Hill Cemetery records, Book 1, page 6, February 18, 1867. The jurisdiction seems to rest upon the following act of Congress, approved July 1. 1870: " SECTION 1. Be it enacted, etc., That from the time any State Legis- lature 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 protect national cemeteries, 7 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." 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 Indian- apolis, County of Marion, Ind. The title is as follows: Deed from The Terre Haute and Indianapolis Railroad Company to the United States, dated June 15, 1870, conveying Lots Nos. 8, 9, 10, 11, MILITARY RESERVATIONS, ETC. 57 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 Kecorder of Marion County. For jurisdiction see Crown Hill Cemetery. 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 to the United States, dated December 15, 1862, conveying 5.46 acres. Deed recorded in Deed Book No. 10, pages 144 and 145, of the deed records of Floyd County. No cession. The general act of the State Legislature approved January 25, 18S3, is not believed to cede jurisdiction over lands acquired for National Cemeteries, but see Crown Hill National Cemetery. INDIAN TERRITORY. FORT GIBSON NATIONAL CEMETERY. This cemetery was a part of what was called the Fort Gibson Reserva- tion. 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 14, 1833, Decem- ber 29, 1835, and July 19, 1866. 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 February 7, 1891, issued under the provisions of the Act of Congress approved July 5, 1884, providing for the trans- fer of reservations to the Department of the Interior when no longer needed for military purposes. For jurisdiction see paragraph 2, section 3, Articled, Constitution of United States. IOWA. 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 a follows: Consent of the municipal authorities of the City of Davenport to location of same, by an ordinance passed , and jurisdiction over this land was ceded to the United States by an Act of the State Legislature approved March 26, 1878, as follows: Als ACT to cede to the United States exclusive jurisdiction over the Rock Island Arsenal Bridge across the Mississippi River at Davenport, Iowa. " 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 Eock 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 58 MILITARY RESERVATIONS, ETC. river in the said City of Davenport by the consent of the municipal 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 Eock Island Arsenal Bridge across the Mississippi Kiver at Davenport, Iowa, which is north- of the middle 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 main- tained as a public highway without expense to the said city of Daven- port: And provided further, That this act shall not be held or con- structed to add to, diminish, 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 jurisdiction 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.) 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 to the United States, dated June 26, 1866, conveying Lot No. 140 in Section 2, and also that portion of the center 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. Deed recorded in Book U of Town Lot deeds, pages 275 and 276, of the deed records of Scott County. No cession of jurisdiction. 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 to the United States, dated August 28, 1866, conveying the tract of land therein described, being a part of Oakland Cemetery adjacent to Keokuk, in Lee County. Deed recorded in Book No. 27, page 117, of the deed records of Lee County. 2. Deed from Hiram Barney and wife to the United States, dated August 5, 1870, conveying 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. Deed recorded in Book No. 33, page 569, of the deed records of Lee County. 3. Deed from John Oeortell and wife to the United States, dated August 30, 1871, conveying Lots 5 and 6 in Block No. 108 in Mason's lower addition to the City of Keokuk. Deed recorded in Book No. 36, page 77, of the deed records of Lee County. 4. Deed from the City of Keokuk to the United States, dated Decem- ber 17, 1874, conveying the lands therein described for cemetery pur- poses. Deed recorded in Book No. 40, page 76, of the records of Lee County. MILITARY RESERVATIONS, ETC. 59 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, lour, five, and six, in block 10S, 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 iu 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 Keo- kuk, 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 L an act giv- ing the consent of the legislature of the State of Iowa, to the purchase by the United States of certain real estate,' approved March 11, 1872, shall be and the same is hereby 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.) KANSAS. FORT LEAVENWORTH. This reservation contains a total area of 6,899.145 acres, of which 5,959.77 acres belong to the Post reservation on the west side of the Missouri Eiver, in Leaven worth County, Kan 3., and the remainder, 939.375 acres, being the timber reservation on the East side in Mis- souri. 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 Executive Order dated October 10, 1859, the area of the reservation being ascer- tained 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, declared such for military purposes by Execu- tive Order dated June 21, 1838. Kansas was admitted into the Union as a State January 29, 1861, but the United States failed to retain jurisdic- tion over this 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. Febru- ary 25, 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 60 MILITARY RESERVATIONS, ETC. the United States, and included within the limits of the United States military reservation known as the Fort Leavenworth reservation, 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 incurred, or crimes com- mitted iii 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 property on said reservation." (See Appendix, pages 283, 287, 288, 298, 299, 303. FORT RILEY. The present area of this reservation is 19,899.22 acres, and is situated on the Kansas Hiver, 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. Jurisdiction was ceded to the United States by an act of the State Legislature February 16, 1889, 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 United States military reservation known as the Fort Kiley 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 representatives of the United States, approved March 2, 1867, saving, however, to the said state the right to serve civil or criminal process within said reserva- tion in suits or prosecutions for or on account of rights acquired, obliga- tions 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." BAXTER SPRINGS NATIONAL CEMETERY. This cemetery comprises a lot of about 1 acre, near the center of 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 to the United States, dated April 10, 1869, conveying lot known as the " National Block." Deed recorded in Book A, page 217, of the deed records of Cherokee County. 2. Deed from The City of Baxter Springs to the United States, dated May 3, 1875, conveying lot and right of way. Deed recorded in Book J, page 119, of the Deed records of Cherokee County. 3. Deed from The City of Baxter Springs to the United States, dated November 21, 1877, and action of the City Council ratifying same, dated February 8, 1878, conveying a strip adjoining cemetery. Deed, etc., recorded in Book (,), page 99, of the deed records of Cherokee County. 4. Deed from The City of Baxter Springs to the United States, dated , 1887, conveying additional ground for cemetery. Deed recorded June 29, 1887, in Book 17, page 449, of the deed records of Cherokee County. Jurisdiction was ceded to the United States by an act of the State Legislature approved March 28, 1872, which provides as follows : " SECTION 1 . That the United States shall have power to purchase or condemn in the manner prescribed by law, upon making just com- MILITARY RESERVATIONS, ETC. 61 pensation therefor, any laud 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 otherwise acquired, and shall have the right of exclusive legislation and concur- rent 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." 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, Kans., to the United States, dated July 11, 1870, conveying the above tract. Deed recorded in Book 15, page 254, of the deed records of Linn County. For jurisdiction, etc., see Baxter Springs National Cemetery. FORT LEAVENWORTH NATIONAL CEMETERY. This Cemetery contains an area of 15 acres and is a part of the Fort Lea ven worth Military Reservation . ( See For t Lea ven worth for title, 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 to the United States, dated October 16, 1868, conveying 5 acres in SW. J, Sec. 32, T. 25, E. 25 E. Deed recorded in Book G, page 520, of the deed records of Bourbon County. 2. Deed from John G. Stewart and wife to the United States, dated October 16, 1868, Quit claims all interest in above 5 acres. Deed recorded in Book G, page 519, of the deed records of Bourbon County. 3. Deed from J. G. Scott et al. to the United States, dated May 19, 1873, conveying by Quit Claim 56 rods of land. Deed recorded in Book Q, page 400, of the deed records of Bourbon County. 4. Deed from B. F. Hepler and wife to the United States, dated June 3, 1873, conveying 56 rods of land. Deed recorded in Book Q, page 403, of the deed records of Bourbon County. 5. Deed from Board of Trustees of "The First Presbyterian Church of Fort Scott 77 to the United States, dated August 15, 1873, conveying the " Presbyterian Cemetery, 77 being part of the SW. J of Sec. 32, T. 25, E. 25. Deed recorded in Book E, page 493, of the deed records of Bourbon County. 6. Deed from John G. Stewart and wife to the United States, dated August 15, 1873, conveying 4.91 acres. Deed recorded in Book E, page 491, of the deed records of Bourbon County. 7. Deed from W. S. Eelfe, Superintendent of Insurance Department of Missouri, to the United States, dated August 6, 1880, conveying a roadway to the National Cemetery, etc. Deed recorded in Book No. 30, page 244, of the deed records of Bourbon County. 8. Deed from James E. Bowman et al. to the United States, dated August 7, 1880, conveying a roadway, etc. Deed recorded in Book No. 30, page 248, of the deed records of Bourbon County. 62 9. Deed from John Farnsworth and wife to the United States, dated August 16, 1880, conveying a roadway, etc. Deed recorded in Book No. 30, page 235, of the deed records of Bourbon County. 10. Deed from Ira D. Bronson and wife to the United States, dated September 1, 1880, conveying a roadway, etc. Deed recorded in Book No. 30, page 239, of the deed records of Bourbon County. 11. Deed from Charles H. Morley and wife to the United States, dated September 1, 1880, conveying a roadway. Deed recorded in Book No. 30, page 238, of the deed records of Bourbon County. 12. Deed from Annie It. Bowden and husband to the United States, dated September 25, 1880, conveying a roadway. Deed recorded in Book No. 33, page 243, of the deed records of Bourbon County. 13. Deed from James H. Wilson and wife to the United States, dated November 6, 1880, conveying a roadway. Deed recorded in Book No. 30, page 234, of the deed records of Bourbon County. 14. Deed from James M. Lee et al. to the United States, dated Feb- ruary 25, 1881, conveying a roadway. Deed recorded in Book No. 30, page 242, of the deed records of Bourbon County. 15. Deed from Eliza A. Marr and husband to the United States, dated March 1, 1881, conveying a roadway. Deed recorded in Book No. 30. page 236, of the deed records of Bourbon County. 16. Deed from Cyrus Newkirk et al. to the United States, dated March 4, 1881, conveying a roadway. Deed recorded in Book No. 30, page 246, of the deed records of Bourbon County. 17. Deed from Fort Scott and Gulf Railroad Company to the United States, dated April 1, 1881, conveying a roadway. Deed recorded in Book No. 29, page 378, of the deed records of Bourbon County. 18. Deed from George W, Williamson and wife to the United States, dated April 12, 1882, conveying a roadway. Deed recorded in Book No. 32, page 606, of the deed records of Bourbon County. 19. Deed from Eli Hollingsworth and wife to the United States, dated November 15, 1880, releasing roadway. Deed recorded in Book No. 30, page 240, of the deed records of Bourbon County. 20. Deed from Milton Hollingsworth and wife to the United States, dated October 26, 1880, releasing a roadway. Deed recorded in Book No. 30, page 241, of the deed records of Bourbon County. 21. Deed from 0. H. Morley and wife to the United States, dated March 9, 1881, releasing a roadway. Deed recorded in Book No. 30, page 253, of the deed records of Bourbon County. 22. Deed from the Board of County Commissioners of Bourbon County to the United States, dated May 23, 1882, releasing the road- way in said city of Fort Scott to Cemetery. Deed recorded in Book No. 33, page 311, of the deed records of Bourbon County. Jurisdiction over a portion of the cemetery was 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 7 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 l government cemetery ? ; * * * and the jurisdiction 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 con- tained shall be so construed as to interfere with or prevent the service MILITARY RESERVATIONS, ETC. 63 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." KENTUCKY. FORT THOMAS. This reservation contains 111 acres 2 roods and 39 poles 5 also a Kitie Eange containing 169 acres j also the right of way to the station of the Chesapeake and Ohio Eailroad, and right of way to the Ohio Eiver for a sewer, all in Campbell County. The fort is 3 miles from Newport on highlands overlooking the Ohio Kiver and about 4 miles from Cincinnati. The post was established and lands purchased under authority of an Act of Congress approved March 3, 1887, and the title is as follows: 1. Deed from Samuel Brigstaff and wife to the United States, dated August 20, 1887, convejdng 39 acres 2 roods and 1 pole. Deed recorded in the Clerk's Office of the County Court of Campbell County, October 31, 1867, in Deed Book No. 45, pages 406 to 408, Newport Office. 2. Deed from Samuel Shaw and wife to the the United States, dated August 23, 1887, conveying 27 acres 1 rood and 4 poles with certain reservations. Deed recorded in the Clerk's Office of the County Court of Campbell County, October 31, 1887, in Deed Book No. 45, pages 411 to 413, Newport Office. 3. Deed from Mary A. Happensack to the United States, dated August 25, 1887, conveying 29 acres and 34 poles. Deed recorded in the Clerk's Office of the County Court of Campbell County, October 31, 1887, in Deed Book No. 45, pages 409 to 411, Newport Office. 4. Deed from A. H. Bloom to the United States, dated August 27, 1887, conveying 15 acres and 3 roods. Deed recorded in the Clerk's Office of the County Court of Campbell County, October 31, 1887, in Deed Book No. 45, page 414, Newport Office. The title to the Eifle Eange is as follows: 1. Deed from William N. Taliaferro to the United States, dated May 1, 1891, conveying 1 69 acres. Deed recorded in the Clerk's Office of the County Court of Campbell County, 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 Eailroad is as follows : 1. Deed from William H. Truesdell and wife to the United States, dated March 5, 1889, conveying about 31,000 square feet. Deed 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 sewer purposes is as follows : 1. Deed from Charles Birkly and wife to the United States, dated March 6, 1889, conveying the right and privileges therein described. Deed recorded in the Clerk's Office of the County Court of Campbell County May 22, 1889, in Deed Book No. 49, page 409, Newport Office. 2. Deed from Martha Stewart and others to the United States, dated March 7, 1889, conveying the right and privileges therein described. Deed recorded in the Clerk's Office of the County Court of Campbell County, in Deed Book No. 49, page 411, Newport Office. Jurisdiction over this reservation was ceded to the United States by acts of the 64 MILITARY RESERVATIONS, ETC. State Legislature approved February 29, 1888, and August 16, 1892. These acts provide as follows : "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 Shaw tract of land, near Newport, was selected and paid for, but before building operations can be com- menced, it is necessary, under the provisions of Section 355, llevised 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., " 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 criminal laws of this Commonwealth, and the service of any civil process there- on; and said tract of land, and the improvements which maybe 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 reservoir and the City of Covingtou " the right to lay and maintain the 30-inch water main, and the right of access thereto over parts of said lands.) Approved February 29, 1888. "Be it enacted, etc., " SECTION 1. That the Commonwealth of Kentucky hereby consents to the acquisition by the United States of America of all lauds 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 navi- gation of the rivers and waters within and on the borders of the Commonwealth of Kentucky." Approved August 16, 1892. CAVE HILL NATIONAL CEMETERY. This cemetery contains an area of 3.53 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 to the United States, dated March 23, 1877, confirming the donation by said Company, made in 1861, of Section A, containing 28,418.80 square feet of ground. Deed recorded in the Clerk's Office of the County Court of Jefferson County March 23, 1S77. 2. Deed from Cave Hill Cemetery Company to the United States, dated July 23, 1863, conveying Section B, containing 42,114 square feet. MILITARY RESERVATIONS, ETC. 65 Deed recorded iii the Clerk's Office of the County Court of Jefferson County July 24, 1S63. 3. Deed from Cave Hill Cemetery Company to the United States, dated May 30, 1864, conveying Sections C and D, containing 52,455 square feet. Deed recorded in the Clerk's Office of the County Court of Jefferson County May 30, 18G4. 4. Deed from Cave Hill Cemetery Company to the United States, dated June 4, 18G8, conveying Section E, containing 4,991 square feet. Deed recorded in the Clerk's Office of the County Court of Jefferson County June 4, 1868. 5. Deed from Cave Hill Cemetery to the United States, dated June 19, 1893, conveying a tract containing 15,934 square feet (marked A on plat). Deed recorded in the Clerk's Office of the County Court of Jef- ferson County August 23, 1893. 6. Deed from Ward Payne and wife to the United States, dated November 26, 1867, conveying the southward part of Lot 1, in Square 8, in Payne's addition to the City of Louisville (for Keeper's Lodge). Deed recorded in the Clerk's Office of the County Court of Jefferson County June 29, 1868. For jurisdiction see Lebanon National Cemetery. DANVILLE NATIONAL CEMETERY. These cemetery lots contain about . 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 to the United States, dated June 12, 1868, conveying Lots 10 to 17, inclusive, in Danville Cemetery. Deed recorded in the Clerk's Office of the County Court of Boyle County June 13, 1868. For jurisdiction see Lebanon National Cemetery. FRANFORT. (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 follows: Deed from The Frankfort Cemetery Company to the United States, dated January 4, 1868, conveying certain lots and parts of lots in said Cemetery, aggregating 4,500 square feet. Deed recorded same date in the Clerk's Office of the County Court of Franklin County. For jurisdiction see Lebanon National Cemetery. 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 : Deed from James J. McElroy et al. to the United States, dated April 6, 1867, conveying 2 acres, 1 rood, and 25 poles. Deed recorded in the Clerk's Office of the County Court of Marion County July 9, 1868. 2. Deed from Charles Gohe and wife to the United States, dated August 18, 1875, conveying about 0.50 acre. Deed recorded in the Clerk's Office of the County Court of Marion County, January 26, 1876. 3. Release of J. F. McElroy to the United States, dated November 12, 1873. Recorded in the Clerk's Office of the County Court of Mariou 66 MILITARY RESERVATIONS, ETC. County, August 18, 1875. Jurisdiction was ceded to the United States by the following act of the State Legislature, approved March 9, 1867 : li Be it enacted, etc., "SECTION 1. That the jurisdiction over the lauds, 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 lauds and parcels of ground as may hereafter be required, pur- chased, 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 Common- wealth, 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 punishment of offenses hereinafter provided : Perry ville National Cemetery, near Perry ville, in Boyle County, about four acres; London, near London, 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 Eoads, about two acres. "SEC. 2. That all places of sepulture, lands, buildings, fixtures, improvements, and property of the United States thereon or connected therewith shall be held exonerated and exempt from any and all taxa- tion 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 build- ings in or inclosing said cemeteries or places of sepulture shall sub- ject 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 mouths, to be prosecuted before any court having competent juris- diction." 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 to the United States, dated July 1, 1867, conveying the above tract by metes and bounds. Deed recorded in the Clerk's Office of the County Court of Fayette County, May 29, 1868. For jurisdiction see Lebanon National Cemetery. MILL SPRINGS NATIONAL CEMETERY. This cemetery contains an area of about 8.50 acres, and is situated near Logan's Cross Roads, about 8 miles from Somerset, in PulasUi County. The title is as follows: Deed from William H. Logan and wife to the United States, dated July 5, 1867, conveying 3.50 acres. Deed recorded in the Clerk's Office of the County Court of Pulaski County, June 20, 1868. For jurisdiction see Lebanon National Cemetery. MILITARY RESERVATIONS, ETC. 67 CAMP NELSON NATIONAL CEMETERY. This cemetery contains about 9.50 acres, and is situated 7 miles south- west of Nicholasville, in Jessamine County. The title is as follows: 1 . Deed from John 1). Scott et al. to the United States, dated August 20, 1872, conveying 7.25 acres, and also a strip extending to the Dan ville, Lancaster and Nicholasville Turnpike, containing 1 acre, 1 rood, and 32 poles. Deed recorded in the Clerk's Office of the County Court of Jessamine County, October 10, 1872. 2. Deed from John D. Scott et al. to the United States, dated April 18, 1874, conveying 1 acre. Deed recorded in the Clerk's Office of the County Court of Jessamine County, May 2, 1874. For jurisdiction see Lebanon National Cemetery. LOUISIANA. BATTERY B1EN VENUE. This reservation is in Township 12, South of Range 13 East, and is situated on the right bank of Bayou Bienveuue at the forks of said Bayou and Mazant. The lands were reserved for military purposes by Executive Order dated February 9, 1842, and included all a 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, 1840, 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 Eiver, 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 Eigolets, 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 Bien venue, 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 for- tification 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 con- current jurisdiction with the United States in and over the said tracts of land, so far as that all civil and such criminal process as may issue under the authority of this Commonwealth, against any person or per- sons charged with crimes committed without the said tracts of land, may be executed therein in the same way and manner as though this 68 MILITARY RESERVATIONS, ETC. cession and consent had not been made and granted, except so far as such process may effect the real or personal property of the United 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 discharged from all taxes and assessments which may be levied or 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." JACKSON BARRACKS. This reservation contains an area of 87.87 acres, and is situated 011 the east bank of the Mississippi Eiver, about 3 miles 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 to the United States, dated December 14, 1833, conveying Lots 15 and 16 of the Parish lots. Original filed and recorded in the Office of the Register of Con- veyances for the City and Parish of New Orleans, in Deed Book No. 14, page 471. 2. Act of sale from Mrs. Prudence Desilets, widow of Louis Badius, to the United States, dated May 17, 1848, conveying parts of Lots 13 and 14 of Parish lots. Original filed and recorded in the Office of the Register of Conveyances for the City and Parish of New Orleans, in Deed Book No. 44, page 580. Jurisdiction was ceded to the United States by the following act of the State Legislature, approved July 6, 1882 : " SECTION 1. fie 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 Louisiana not already in use for public purposes, required for custom-houses, court- houses, arsenals, national cemeteries, or for other purposes of the government of the United States. "SEC. 2. Beit 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 exclu- sive 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 taxa- tion." FORT JACKSON. This reservation contains an area of about 740.97 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 : I'nder 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 2(>, 1847, so as to comprise all the public land lying 1,500 Castillian Varas from the most salient parts of the extreme outworks of the fnrt. For jurisdiction see Battery Bienvenue. MILITARY RESERVATIONS. ETC. 69 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 Gray and wife to the United States, 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 required 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 pro- vides 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 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 afore- said, if the said fort shall be suffered to fall into decay, or be ren- dered 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 manner as if this act had never been passed." 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 New Orleans. Assuming it to be a part of the public domain it was reserved for military purposes by Executive Order dated February 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 and 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. FORT PIKE. This reservation contains all the land in Sec. 19, T. 10, S. E. 15 E., and is situated south of Great Eigolet on the northern margin of the Island of " Petites Coquilles," which divides Lake Borgue from Lake Pontchartrain, about 35 miles northeast of New Orleans. The land was reserved for military purposes by Executive Order dated February 9, 1842, and included the public lands within 1,200 yards of the fort. All the land has been patented to the State as swamp except land described above. For jurisdiction see Battery Bienvenue. 70 MILITARY RESERVATIONS, ETC. 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. to the United States, dated March 15, 1856. conveying the above tract. Original filed and recorded inthe Office of the Recorder for the Parish of St. Bernard, April 4, 1850, in Book No. of Conveyances, 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 Battery 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 snoh tract of land, so far as that all civil and such criminal process 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 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 juris- diction is granted by 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 tract of laud shall remain the property of the United States and shall be used for fortification purposes." FORT ST. PHILIP. This reservation contains 640 acres, embracing the whole of Sec. 11, T. 19, S. It. 17 E, Southeast District, East of the Mississippi Kiver, nearly opposite Fort Jackson, in the Parish of Plaquemines. It was a fortified point under the French and Spanish occupation, passing to the United States as such in the cession from France in 1803. The section was formerly declared a reservation for military purposes by Executive Order dated February 9, 1842. For jurisdiction see Battery Bienvenue. ALEXANDRIA NATIONAL CEMETERY. This cemetery contains an area of 8.24 acres, which with the roadway belonging thereto is situated at Pineville, in the Parish of Kapides. It was taken possession of for cemetery purposes under the act of Con- gress approved February 22, 1867, and title acquired as follows: Decree of condemnation for Lot 24 in Poissin Division of the village of Pineville, in the Parish of Kapides, containing 8.24 acres, in Cause No. 7248 Expart. The Secretary of War, in the Circuit Court of the I T nited 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. MILITARY RESERVATIONS, ETC. 71 The title to the Roadway is as follows: 1. Donation from The Town of Pineville to the United States, dated October 5, 1888, conveying a right of way, etc. Original instrument recorded in the Clerk's Office at Alexandria, October 5, 1888. 2. Donation from .Robert Aaron, Individual, and as Tutor, to the United States, dated January 5, 1889, conveying additional right of way. Original instrument recorded in the Office of the Clerk of the District Court, in Book of Donations, pages 1 and 2. 3. Donation from Henry Robinson to the United States, dated January 5, 1881), conveying additional right of way. Original instrument recorded in the Office of the Clerk of the District Court, in Book of Donations, page 1. Jurisdiction over National Cemeteries was ceded to the United States by the act of the State Legislature, approved July 6, 1882 (for which see Jackson Barracks), and 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 Louis- iana, hereinafter described, to be used and maintained at their own expense, inperpetua, as National Cemeteries for the interment of the remains of United States soldiers, deceased 5 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 Legisla- ture of the State; and " Whereas, a formal application has been filed by the said United States, through their properly accredited representative, for the aforesaid ces- sion, so far as relates to the lands hereinafter described; now, therefore, "llc it resolved, etc., That the State of Louisiana relinquish all juris- diction 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 for- ever 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 survey of said city made by Henry and Wm. G. Waller, city surveyors, as squares numbers nineteen (19), twenty (20), and twenty-one (21). * * * "Also, all that certain other ti'act 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 designated 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 deposited 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 Bast 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." * * 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 Barerio to the United States, dated October 16, 1868, conveying Squares Numbered 19 and 20 of the City 72 MILITARY RESERVATIONS, ETC. of Baton Rouge. Original filed and recorded in Book X, folio 218, of Notarial Acts in the Office of the Recorder of Deeds in the Parish of East Baton Kouge. 2. Act of sale from Pierre Baron and wife to the United States, dated October 16, 1868, conveying Square No. 21 of the City of Baton Rouge. Original filed and recorded in Book X, folio 219, of Notarial Acts in the Office of the Recorder of Deeds in the Parish of East Baton Rouge. 3. Grant from The City of Baton Rouge to the United States posses- sion of certain property for the purpose of building a wall, etc. April 21, 1873, Recorded in the 4 editor's Office, Baton Rouge. For jurisdiction see Alexandria National Cemetery. CHALMETTE NATIONAL CEMETEEY. This cemetery contains an area of 13.60 acres, and is situated at Chal- niette, 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 to the United States, dated May 26, 1868, donating the above tract, describing the same by inetes and bounds. Deed recorded in Conveyance in 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 Police Jury of Parish of St. Bernard, August 2, 1868. For jurisdiction see Alexandria National Cemetery. 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 to the United States, dated August 17, 1869, conveying 8 acres and the right of way from the Cemetery to Hickeys Landing on the Mississippi River. Original instrument filed and recorded in the Recorder's Office of the Parish oi East Baton Rouge, in Book H, page 514, of Notarial Acts. 2. Act of sale from Joseph and W. S. Slaughter to the United States, 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. Original instrument filed and recorded in Office of Recorder of the Par- ish of East Baton Rouge, in Book No. 14, page 152, of Notarial Acts. For jurisdiction see Alexandria National Cemetery. MAINE. GUSHING ISLAND. This reservation contains an area of about 35 acres, and is situated on the southerly side of Cushings 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 MILITARY RESERVATIONS, ETC. 73 plaintiff and Francis Gushing et al. were defendants in the District 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 Gushing to the United States, dated March 27, 1894, conveying the land between high and low water mark, wharf, etc. Deed recorded in the Office of the Register of Deeds for Cumberland County, in Book No. 611, page 433. For consent of the State to the acquisition of lands by the United States by condemnation, etc., for the erection of Forts, batteries, etc., see Revised Statutes of Maine, 1883, (Sec. 10, Chap. 2, p. 64). For juris- diction see Fort Gorges. FORT EDGECOMB. This reservation contains an area of about 30 acres, and is situated in Edgecomb, Lincoln County. The title is as follows: Deed from Moses Davis to the United States, dated June 13, 1808, conveying the above by metes and bounds. Deed recorded in Liber 68, folio 23, of the deed .records of Lincoln County. GKERRISH ISLAND. This reservation contains about 50 acres, and is situated on Gerrish Island, in Kittery, in the County of York. The title is as follows: Deed from Joseph T. Wiggin to the United States, dated May 15, 1873, conveying 30 acres of the above by metes and bounds. Deed recorded in Book 336, page 42, of the deed records of York County. 2. Deed from AdnaB. Lane to the United States, dated May 29, 1873, conveying 10 acres and adjoining flats and right of way. Deed recorded in Book So. 330, page 157, of the deed records of York County. For jurisdiction see Fort Preble, where the Act of February 18, 1871, seems to cede jurisdiction. 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 Portland, Cumberland County. It is seven-eighths of a mile north of Fort Preble, about five-twelfths of a mile west of Great Hog Island, and about seven- eighths of a mile northwest of Fort Scammel. Title and jurisdiction ceded to the United States by an act of the State Legislature, approved April 17, 1857, as follows: "Be it enacted, etc. "SECTION 1. Jurisdiction is hereby ceded to the United States over the "Hog Island Ledge," in the harbor of Portland, Maine, to include all of said "ledge" above or within low-water mark, and so much thereof without low-water mark as shall be bounded by lines drawn seven hundred yards distant from and parallel to the faces of any fort to be built thereon, for the purpose of carrying into effect an act of Congress, of March third, eighteen hundred and fifty-seven, providing for the commencement of a fortification on " Hog Island Ledge," in Portland Harbor, Maine. Jurisdiction is also ceded to the United States over any tract or tracts of land at or near the entrance to Kennebec River, Maine, that may be acquired by the United States for the purpose of carrying out an act of Congress of March third, eight- 74 MILITARY RESERVATIONS, ETC. een hundred and fifty-seven, providing for the erection of 'fortifica- tions at the mouth of the Kennebee Elver, Maine,' by building and maintaining thereon forts, magazines, arsenals, dockyards, wharves, and other structures, with their appendages, and over all the contigu- ous shores, flats, and waters, within four hundred yards from low-water mark; and all right, title and claim, which this State may have to or in the said . Rice et al., Trustees, etc., to the United States, dated December 27, 1890, conveying Lot 21 in Block 1, containing 14,520 square feet of land. Deed recorded in libro 2001, page 180, of the deed records of Suffolk County. 8. Quit-Claim Deed from William B. Riceet al,, Trustees, etc., to the United States, dated December 27, 1890, conveying Lots 8 and 9 in Block 5, containing 14,442 square feet of land. Deed recorded in libro 2001, page 188, of the deed records of Suffolk County. 9. Quit Claim Deed from William B. Rice et al., Trustees, etc., to the United States, dated December 27, 1800, conveying Lots 4 and 5 in Block 5, containing 13,800 square feet of land. Deed recorded in libro 2001, page 189, of the deed records of Suffolk County. 10. Quit-Claim Deed from Lucy A. Woods and husband to the United States, dated December 27, 1890, conveying Lot 10 in Block 5, containing 7,700 square feet of land and all the beach, flats, and ripa- rian rights thereto belonging. Deed recorded in libro 2001, page 195, of the deed records^of Suffolk County. 11. Quit-Claim Deed from Julia B. Bobbins and husband to the United States, 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. Deed recorded in libro 2001, page 199, of the deed records of Suffolk County. 12. Quit-Claim' Deed from George A. Bruce and. wife to the United States, dated December 27, 1890, conveying Lot 1 in Block 2, contain- ing 14,130 square feet of land, with the beach, flats, and riparian rights, etc. Deed recorded in libro 2001, page 200, of the deed records of Suffolk County. 13. Deed from Francis E. Galloupe and wife to the United States, dated December 27, 1890, conveying Lots C and 7 in Block 2, contain- ing 34,534 square feet of land, with the beach, flats, riparian rights, and dwelling. Deed recorded in libro 2001, page 343, of the deed records of Suffolk County. 14. .Quit-Claim Deed from William B. Rice et al., Trustees, etc., to the United States, 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. Deed recorded m libro 2001, page 203, of the deed records of Suflblk County. 15. QuitClaim Deed from Amos H. Miller and wife to the United States, dated December 29, 1890, conveying Lot 5 in Block 2, contain ing 12,900 square feet of land, with beach, flats, and riparian rights (see restrictions). Deed recorded in libro 2001, page 196, of the deed rec- ords of Suflblk County. 16. Quit Claim Deed from Arthur D. McClellan and wife to the United States, dated December 30. 1890, conveying Lot 11 in Block 5, containing 8,030 square feet of land; also Lot 11 in Block ;>, continu- ing 5,187 square feet of land. Deed recorded in libro 200J, page 198, of the deed records of Suflblk County. MILITARY RESERVATIONS, ETC. 97 17. Quit-Claim Deed from William O. Hunt to the United States, dated December 31, 1890, conveying Lot 7 in Block 3, containing 5,650 square feet of land. Deed recorded in libro 2001, page 193, of the deed records of Suffolk County. 18. Quit Claim Deed from Edward E. Howe and wife to the United States, dated January 2, 1891, conveying Lot No. in Block 3, contain- ing 5,561 square feet of land. Deed recorded in libro 2001, page 194, of the deed records of Suffolk County. 19. Deed from Charles Davis, Jr., et al., Trustees, etc., to the United States, dated January 5, 1891, conveying a Lot at the easterly end of Grovers Cliff, containing 238,200 square feet of land, with the flats, riparian rights, etc. Deed recorded in libro 2001, page 340, of the deed records of Suffolk County. 20. Quit-Claim Deed from William B. Kice et al., Trustees, etc., to the United States, 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). Deed recorded in libro 2001, page 190, of the deed records of Suffolk County. 21. Deed from Nellie A. Hutchins, Guardian, etc., to the United States, 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. Deed recorded in libro 2073, page 356, of the deed records of Suffolk County. 22. Quit-Claim Deed from William B. Eice to the United States, 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. Deed recorded in libro 2146, page 151, of the deed records of Suffolk County. 23. Quit-Claim Deed from Michael Eoughan to the United States, 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. Deed recorded in libro 2147, page 97, of the deed records of Suffolk County. 24. Quit- Claim Deed from William B. Eice et al., Trustees, etc., to the United States, dated August 1, 1893, releasing all restrictions on lots 8 and 9 in Block 2, heretofore conveyed to the United States by Michael Eoughan (No. 55 herein). Deed recorded in libro 2147, page 88, of the deed records of Suffolk County. 25. Quit-Claim Deed from William B. Eice et al., Trustees, etc., to the United States, 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 Commonwealth, being the plan of land purchased or to be pur- chased for the purposes of National Defenses at Winthrop. Deed recorded in libro 2184, page 270, of the deed records of Suffolk County. 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 Elin Avenue, containing 25,420 square feet, and a tract, supposed to belong to Alinira Tewksbury, containing 75,886 square feet, the whole aggre- gating 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 205 7 98 MILITARY RESERVATIONS, ETC. Court for tlie District of Massachusetts. Decree rendered at the Sep- tember 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 Kegister of Deeds for Suffolk County in Libro 2100, page 345. To the part known as the "Mortar Battery:" 1. Quit Claim Deed from William B. Kice et al., Trustees, etc., to the United States, dated December 27, 1890, conveying part of Block " Y, containing 143,455 square feet of land. Deed recorded in libro 2001, page 177, of the deed records of Suffolk County. 2. Deed from Elizabeth L. McCloud and husband to the United States, dated December 29, 1890, conveying 106,027 square feet of laud described by metos and bounds. Deed recorded in libro 2000, page 635, of the deed records of Suffolk County. 3. l3ced from Elizabeth L. McCloud and husband to the United States, dated December 29, 1890, conveying 43,744 square feet of laud by metes and bounds. Deed recorded in libro 2000, page 636, of the deed records of Suffolk County. 4. Quit-Claim Deed from Lucretia Floyd et al. to the United States, 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," less 7,500 square feet heretofore conveyed away, making in this conveyance 137,324 square feet and right of way. Deed recorded in libro 2000, page 619, of the deed records of Suffolk County. 5. Deed from Phillips P. Floyd and wife to the United States, dated January 1, 1891, conveying 181,540 square feet of laud by metes and bounds. Deed recorded in libro 2000, page 621, of the deed records of Suffolk County. 6. Deed from Sumner Floyd and wife to the United States, dated January 1, 1891, conveying 12,000 square feet of laud by metes and bounds. Deed recorded in libro 2,000, page 623, of the deed records of Suffolk County. 7. Deed from Henry E. Mills to the United States, dated January 1, 1891, conveying two tracts containing 18,515 square feet of laud described by metes and bounds. Deed recorded in libro 2000, page 637, of the deed records of Suffolk County. 8. Quit-Claim Deed from Samuel G. Irwiii and wife to the United States, dated January 3, 1891, conveying three-fourths of Lot No. 4, containing 90,926 square feet of land. Deed recorded in libro 2000, page 632, of the deed records of Suffolk County. 9. Deed from Louisa E. Me Arthur and husband to the United States, dated January 10, 1891, conveying a part of Lot D, containing 4,037 J square feet of land. Deed recorded in libro 2002, page 554, of the deed records of Suffolk County. 10. Quit-Claim Deed from John L. Tewksbury and wife to the United States, dated January 10, 1891, conveying Lots 13 and 24 and 20 feet of Lot 14, aggregating 9,593 square feet of land. Deed recorded in libro 2001, page 2, of the deed records of Suffolk County. 11. Quit Claim Deed from William B. Floyd and wife to the United States, dated January 12, 1891, conveying two parcels of laud aggre- gating 75,327 square feet of land described by metes and bounds. Deed recorded in libro 2000, page 627, of the deed records of Suffolk County. 12. Quit-Claim Deed from William B. Floyd et al. to the United States, dated January 12, 1891, conveying 18,100 square feet of land by metes and bounds. Deed recorded in libro 2000, page 625, of the deed records of Suffolk County. MILITARY RESERVATIONS, ETC. 99 13. Quit-Claim Deed from Perez M. Hayden and wife to the United States, dated January 12, 1891, conveying parts of Lots 14 and 15, con- taining 3,996 square feet of land and described by metes and bounds. Deed recorded in libro 2000, page 031, of the deed records of Suffolk County. 14. Quit-Claim Deed from Lorenzo C. Tewksbury and wife to the United States, dated January 12, 1891, conveying 20,217 square feet of land by metes and bounds. Deed recorded in libro 2001, page 4, of the deed records of Suffolk County. 15. Quit-Claim Deed from William Y. Grant and wife to the United States, dated January 13, 1891, conveying Lot 23, containing 4,505 square feet of land. Deed recorded in libro 2000, page 630, of the deed records of Suffolk County. 16. Quit-Claim Deed from The Boston, Winthrop and Shore Kailroad Company to the United States, dated January 16. 1891, conveying 3,742 square feet of land by metes and bounds. Deed recorded in libro 2073, page 362, of the deed records of Suffolk County. 17. Quit-Claim Deed from Benjamin D. Chapman and wife to the United States, dated January 22, 1891, conveying 13,095 square feet of laud by metes and bounds. Deed recorded in libro 2073, page 359, of the deed records of Suffolk County. 18. Quit-Claim Deed from William K. Conner and wife to the United States, 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 described by metes and bounds. Deed recorded in libro 2000, page 617, of the deed records of Suffolk County. 19. Deed from David H. Blaney to the United States, dated March 24, 1891, conveying 192,031^ square feet, in two tracts, by metes and bounds; also right of way from Beach Street, 25 feet in width; in all, 193,937 square feet of land. Deed recorded in libro 2000, page 614, of the deed records of Suffolk County. 20. Deed from David H. Blaney to the United States, 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. Deed recorded in libro 2000, page 616, of the deed records of Suffolk County. 21. Quit-Claim Deed from George C. Stanley and wife to the United States, dated March 26, 1891, conveying 4,475 square feet of land; all interest, etc., in Elm Avenue and a strip adjoining said Avenue con- taining 651,455 square feet, all described by metes and bounds. Deed recorded in libro 2001, page 1, of the deed records of Suffolk County. 22. Deed from Ella F. Weudall and husband to the United States, dated March 27, 1891, conveying 16,493 square feet of land by metes and bounds. Deed recorded in libro 2001, page 5, of the deed records of Suffolk County. 23. Quit-Claim Deed from Thomas Floyd and wife to the United States, dated March 27, 1891, conveying 82,718 square feet of land, in two tracts, by metes and bounds. Deed recorded in libro 2000, page 628, of the deed records of Suffolk County. 24. Deed from Harry England and wife to the United States, dated March 30, 1891, conveying 14,845 square feet of land by metes and bounds. Deed recorded in Libro 2001, page 298, of the deed records of Suffolk County. 25. Quit-Claim Deed from John Macdonald and wife to the United States, dated April 9, 1891, conveying 14,800 square feet of land by 100 MILITARY RESERVATIONS, ETC. metes and bounds, with right of way, etc. Deed recorded in libro 2000, page 634, of the deed records of Suffolk County. 20. Quit-Claim Deed from William B. Floyd and wife to the United {States, dated April 10, 1891, conveying 24,055 square feet of land by metes and bounds. Deed recorded in Libro 2000, page 626, of the deed records of Suffolk County. 27. Quit-Claim Deed from James McLaucblin and wife to the United States, dated October 26, 1891, conveying 4,717 square feet of land by metes and bounds. Deed recorded in libro 2073, page 355, of the deed records of Suffolk County. 28. Quit-Claim Deed from Hamilton K. Douglass and wife to the United States, dated October 2l>, 1891, conveying 4,611 square feet of land by metes and bounds. Deed recorded in libro 2073, page 354, of the deed records of Suffolk County. 29. Quit-Claim Deed from Lucretia Floyd et al. to the United States, dated November 2i, 1891, conveying "Elm Avenue." Deed recorded in libro 2152, page 281, of the deed records of Suffolk County. 30. Quit- Claim Deed from David H. Blauey to the United States, dated December 8, 18!>1, conveying 25,422 square feet of land by metes and bounds. Deed recorded in libro 2073, page 360, of the deed records of Suffolk County. 31. Quit Claim Deed from Thomas Floyd and wife to the United States, dated January 26, 1892, conveying 7,100 square feet of land. Deed recorded in libro 2073, page 358, of the deed records of Suffolk County. 32. Quit-Claim Deed from Lorenzo C. Tewksbury and wife to the United States, 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. Deed recorded in libro 2146, page 153, of the deed records of Suffolk County. 33. Quit- Claim Deed from William B. Floyd and wife to the United States, dated May 23, 1893, conveying Elm Avenue on certain condi- tions, etc. Deed recorded in libro 2152, page 283, of the deed records of Suffolk County. 34. Quit Claim Deed from Hermon B. Tewksbury and wife to the United States, dated July 21, 1893, conveying all interest in Cherry Street, etc. Deed recorded in libro 2152, page 284, of the deed records of Suffolk County. 35. Quit-Claim Deed from Phillips P. Floyd and wife to the United States, dated January 19, 1894, conveying all title and interest in G rover's Cliff and particularly Elm Avenue. Deed recorded in libro 2180, page 527, of the deed records of Suffolk County. 36. Decree of Condemnation for two tracts including portions of Cherry Street and Elm Avenue, for which see No. 26 under head of "Gun Battery," supra. The foregoing lands were acquired pursuant to the Acts of Congress approved August 1, 1888, and August 18, 1890. Jurisdiction was ceded to the United States by an act of the General 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. u SEC. 2. Jurisdiction over the said tracts is hereby granted and ceded MILITARY RESERVATIONS, ETC. 101 to tlie United States; provided, always, and the session and consent aforesaid are granted upon the express condition ^lq: this- Common- wealth shall retain a concurrent jurisdiction with the* fruite-fl Status In and over the said tracts of laud aforesaid, so far' a&^thafc all, civil jpro- cesses and such criminal processes as may issue nu&irJ^l 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 consent and cession had not been made and granted. k< SEC. 3. This act shall be void unless suitable plans of the premises, or such portion or portions thereof as may be purchased by the United States, be deposited in the office of the Secretary of this Common- wealth 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.) 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 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 : u SECTION 1. Re 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 Commonwealth, be, and hereby is grouted to the United States, to purchase an Island in the harbor of Boston, called Governor's Island, and also a tract of land, notexceediug six hundred and forty acres, situated in the town of Spring- field, 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 Eegistry of Deeds in the counties where the same lands are respectively situated. Provided, alicayx, 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 aforesaid, so far as that all civil and such criminal processes as may issue under the authority of this Common- wealth 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." (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 to the United States, dated July 31, 1867, con- veying the site of old Fort Lee. Deed recorded in Book 730, Leaf 10, of the deed records of Essex County. 102 MILITARY RESERVATIONS, ETC. LONG POINT (PROVINCETOWN). Area indefinite. The reservation is situated in Provincetown Har- bor, in Barnsjtable Bounty. 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: Provided, That a plan thereof shall be filed in the office of the Secretary of ibis Common- wealth 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 pur- poses 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 lauds, 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." LONG ISLAND (BAST HEAD OF). This reservation contains an area of about 34 acres, of which 24 acres are upland and about 10 acres marsh. It is situated in Boston Harbor, and was acquired under an act of Congress entitled "An Act to author- ize the entry and occupation of a portion of Long Island in Boston Har- bor for military purposes," approved March 28, 18(>7. The title is as follows : 1. Decree of condemnation for 24 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, 18B9, and filed, with the record in said cause, in the office of the clerk of said court. 2. Decree of condemnation for 10 acres and shore line, in case of The United States v. Peter Dunbar and Thomas J. Dunbar, in the Supe- rior Court of the County of Suffolk, Commonwealth of Massachusetts. Decree rendered January 18, 1870, and filed, with the record in said case, in tbe office of the clerk of said court. Consent to the purchase or con- demnation 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 portion MILITARY RESERVATIONS, ETC. 103 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 erec- tion of a sea wall as a part of the system for the improvement of said harbor for commercial purposes and for the purpose of providing 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 hun- dred yards from low-water mark; provided, always, and the consent aforesaid is granted upon the express condition 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 Commonwealth, 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 man- ner, 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 agreement of sale and purchase. Act approved June 4, 1848, Chapter 292.) "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, comprising, 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 pur- poses, and to pur chase, 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 reservation 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 laws of this Commonwealth, committed without the said tract of uplands and flats, and that said civil and crim- inal 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.' 7 Section 2 provides for condemnation in case of failure of agreement of sale and purchase. (Act approved June 4, 1868, Chapter 293.) LOVELL'S ISLAND. (See Fort Warren for title and jurisdiction.) FORT PHCENIX. This reservation contains an area of 2 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 to the United States, dated September 28, 1808, conveying 2 acres with driftway privilege. Deed recorded in S. general, page 274, etc., of the deed records of Bristol County. 104 MILITARY RESERVATIONS, ETC. FORT PICKERING (WINTER ISLAND). This reservation contains an area of 2 acres and 1 rood, also a por- tion 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 to the United States, dated September 1, 1794, conveying 2 acres and 1 rood with right of way. Deed recorded in Book 158, Leaf 190, of the deed records of Essex County. 2. Deed from the City of Salem to the United States, dated June 24, 1865, conveying a portion of Winter Island. Deed recorded in Book C78, Leaf 291, of the deed records of Essex County. 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 Har- bor, 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 j and provided also, that this Commonwealth shall retain concurrent jurisdiction 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 manner as if jurisdiction had not been granted as aforesaid." 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 to the United States, dated May 23, 1812, conveying 1 acre and buildings. Deed recorded in Book No. 50, page 185, of the deed records of Berkshire County. 2. Deed from William Allen, Executor, etc., to the United States, dated October 26, 1814, conveying 13 acres. Deed recorded in Book No. 55, page 128, of the deed records of Berkshire County. 3. Deed from William Allen, Executor, etc., to the United States, dated October 26, 1814, conveying 7 acres and 90 square rods. Deed recorded in Book No. 55, page 170, of the deed records of Berkshire County. 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., to the United States, dated June 23, 1818, conveying the above tract. Deed 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 Iiihab- MILITARY RESERVATIONS, ETC. 105 itants of Salem to the United States, dated December 20, 1808, convey- ing the above tract. Deed 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 to the United States, dated August 9, 1808, conveying 1 acre of beach or upland and all the rocks and flats included within described bounds. Deed recorded in Book 185, Leaf 210, of the deed records of Essex County. 2. Deed from the Commoners of Salisbury to the United States, dated June 4, 1835, conveying 1 acre including all of Badger's Eocks. Deed recorded in Book 285, Leaf 51, of the deed records of Essex County. FORT SEWELL. This reservation occupies the site of an old earthwork and is situated at the west entrance to Marblehead Harbor. The land was acquired by virtue of an act of Congress approved March 30, 1794. The title is as follows : 1. Deed from Russell Trevett to the United States, dated August 30, 1794, conveying a tract of laud as a part of Gale's Head, excepting the ground whereon tbe fort was anciently built, with right of way, etc. Deed recorded in Book 158, Leaf 197, of the deed records of Essex County. 2. Deed from the Inhabitants of the Town of Marblehead to the United States, 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. Deed recorded in Book 158, Leaf 197, of the deed records of Essex County. SPRINGFIELD ARMORY. This reservation is situated at Springfield in Hampden County. The title is as follows : 1. Deed from Nathaniel Patton and wife to the United States, dated June 22, 1795, conveying 1 acre and 2 roods of land with privilege of erecting a dam, etc. Deed recorded in office of the Registry of Deeds for Hampshire County, June 23, 1795. 2. Deed from John Ashley and wife to the United States, dated September 19, 1798, conveying 1 acre and 13(3 rods of land with the privilege of erecting a dam, etc. Deed recorded in office of Registry of Deeds for Hampshire County, September 19, 1798. ' 3. Deed from the Inhabitants of the Town of Springfield to the United States, dated August 24, 1801, conveying 30 acres 2 roods and 14 rods. Deed recorded in Liber 40, folio 210, of the deed records of Hampshire County. 4. Deed from Jonathan Dwight et al. to the United States, dated October 10, 1807, conveying 139 perches of land. Deed record in Liber 47, folio 540, of the deed records of Hampshire County. 5. Deed from James Byers to the United States, dated January 9, 1809, conveying lot in Springfield; area not given. Deed recorded in Liber 47, folio 018, of the deed records of Hampshire County. 106 MILITARY RESERVATIONS, ETC. 6. Deed from John Ashley to the United States, dated January 10, 1809, conveying 117 rods of land. Deed recorded in Liber 49, pages 72, etc., of the deed records of Hampshire County. 7. Deed from Gerald Warner to the United States, dated March 2, 1809, conveying 7 acres and 95 rods. Deed recorded in Liber 50, folio 156, of the deed records of Hampshire County. 8. Deed from the Town of Springfield to the United States, dated September 2, 1808, conveying 127 rods of land. Deed recorded in Liber 49, folio 310, of the deed records of Hampshire County. 9. Deed from Daniel Ashley and wife to the United States, dated April 17, 1809, conveying 15 acres. Deed recorded in Liber 50, folio 297, of the deed records of Hampshire County. 10. Deed from Jonathan Dwight, jr., to the United States, dated June 10, 1809, conveying 5 acres. Deed recorded in Liber 50, folio 380, of the deed records of Hampshire County. 11. Deed from Jacob Bliss to the United States, dated December 13, 1809, conveying GO rods of land. Deed recorded in Liber 47, folio 686, of the deed records of Hampshire County. 12. Deed from William Carlisle to the United States, dated January 26, 1811, conveying 6 acres and 79 rods of land. Deed recorded in Liber 51, folio 595, of the deed records of Hampshire County. 13. Deed from Trustees of the School Funds in Town of Springfield to the United States, dated May 9, 1812, conveying 16 acres 2 roods and 30 rods of land. Deed recorded in Liber 49, folio 640, etc., of the deed records of Hampshire County. 14. Deed from James Byers and wife to the United States, dated May 13, 1812, conveying 72 rods of laud. Deed recorded in Liber 53, folio 619, of the deed records of Hampshire County. 15. Deed from James Carew and wife to the United States, dated May 13,1812, conveying a lot in Springfield. Deed recorded in Liber 53, folio 617, of the deed records of Hampshire County. 16. Deed from Calvin Barret and wife to the United States, dated May 13, 1812, conveying a lot in Springfield. Deed recorded in Liber 53, folio 618, of the deed records of Hampshire County. 17. Deed from Obed Wright and wife to the United States, dated May 14, 1812, conveying 17 rods of land. Deed recorded in Liber 53, folio 620, of the deed records of Hampshire County. 18. Deed from 1 Josiah Com stock and wife to the United States, dated May 16, 1811', conveying 36 rods, etc., of land. Deed recorded in Liber 53, folio 621, of the deed records of Hampshire County. 19. Deed from William Wood, Jr., and wife to the United States, dated May 26, 1812, conveying a lot in Springfield. Deed recorded in Liber 53, folio 622, of the deed records of Hampshire County. 20. Deed from Er Cooley and wife to the United States, dated May 28, 1812, conveying a lot in Springfield. Deed recorded in Liber 53, folio 623, of the deed records of Hampshire County. 21. Deed from Lemuel Wheeler to the United States, dated June 4, 1812, conveying 0.50 acre. Deed recorded in Liber 53, folio 642, of the deed records of Hampshire County. 22. Deed from George Blake and wife to the United States, dated June 5, 1817, conveying 8 acres and 3 roods. Deed recorded in Liber 62, folio 252, of the deed records of Hampshire County. 23. Deed from the Trustees of the School Funds, etc., to the United States, dated September 30, 1817, conveying two tracts in Springfield. Deed recorded in Liber 61, folio 210," of the deed records of Hampshire County. MILITARY RESERVATIONS, ETC. 107 24. Deed from John Ashley to the United States, dated May 27, 1819, conveying 80 square rods and bed of river. Deed recorded in Liber 64, folio 311, of the deed records of Hampshire County. 25. Deed from Samuel Warner and wife et al. to the United States, dated August 8, 1822, conveying 5 acres and 95 rods. Deed recorded in the office of the Eegistry of Deeds in Hampden County, September 21, 1822. 26. Deed from William Carlisle to the United States, dated June 24, 1824, conveying 2 acres 1 rood and 87 rods. Deed recorded in Liber 71, folio 549, of the deed records of Hampden County. 27. Deed from Thaddeus Ferro to the United States, dated June 24, 1824, containing 2 acres and 69 rods of laud. Deed recorded in Liber 71, folio 548, of the deed records of Hampden County. 28. Deed from Lemuel Charter to the United States, dated April 21, 1825, conveying 2 acres and 92 rods. Deed recorded in Liber 74, folio 633, of the deed records of Hampden County. 29. Deed from Solomon Hatch to the United States, dated Septem- ber 14, 1825, conveying 40 rods of land and right of way, etc. Deed recorded in Liber 75, folio 186, of the deed records of Hampden County. 30. Deed from Abiram Morgan to the United States, dated Decem- ber HO, 1827, conveying a spring of water, etc. Deed recorded in Liber 77, folio 724, of the deed records of Hampden County. 31. Deed from Jonathan Dwight, Jr., and wife to the United States, dated July 3, 1830, conveying 5 50 acres. Deed recorded in liber 82, folio 179, of the deed records of Hampden County. 32. Deed from Homer J. Wood and wife to the United States, dated February 22, 1845, conveying a lot in Springfield. Deed recorded in Liber 128, folio 74, of the deed records of Hampden County. 33. Deed from Walter H. Bowdoin and wife to the United States, dated May 24, 1845, conveying a lot in Springfield. Deed recorded in Liber 127, folio 311, of the deed records of Hampden County. 34. Deed from Samuel Currier and wife to the United States, dated May 26, 1845, conveying 28 rods of land, with reservations, etc. Deed recorded in Liber 128, folio 177, of the deed records of Hampden County. 35. Deed from George Bliss and wife to the United States, dated May 26, 1845, conveying a lot in Springfield. Deed recorded in Liber 128, folio 176, of the deed records of Harnpden County. 36. Deed from Persis Taylor to the United States, dated May 31, 1845, conveying 6 rods of land. Deed recorded in Liber 129, folio 435, of the deed records of Hampden County. 37. Deed from Benedick Fenewick to the United States, dated October 15, 1845, conveying a lot in Springfield. Deed recorded in Liber 130, folio 447, of the deed records of Hampden County. 38. Deed from William Sheldon to the United States, dated October 23, 1845, conveying lots in Springfield. Deed recorded in Liber 131, folio 118, of the deed Records of Hampdeii County. 39. Deed from James Brewer to the United States, dated July 15, 1845, conveying 12 acres and water privileges. Deed recorded in Liber 133, folio 126, of the deed records of Hampden County. 40. Deed from the Inhabitants of Springfield to the United States, dated October 12, 1846, conveying by way of exchange of certain lands by authority of an act of Congress approved March 3, 184(5. Deed recorded in Liber 132, folio 336, of the deed records of Hainpdeu County. 41. Deed from James M. Crook to the United States, 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. Deed recorded in Liber 135, folio 410, of the deed records of Hampden County. 108 MILITARY RESERVATIONS, ETC. 42. Deed from Jarnes M. Crook to the United States, dated October 2, 1846, conveying by release all interest in Snmnef Street. Deed recorded in Liber 132, folio 336, of the deed records of Hampden County. 43. Deed from James Brewer to the United States, dated October 19, 1846, conveying by way of release all interest in certain roads. Deed recorded in Liber 133, folio 212, of the deed records of Hampden County. 44. Deed from James Brewer to the United States, dated October 19, 1846, conveying a lot m Springfield. Deed recorded in Liber 136, folio 150, of the deed records of Hampden County. 45. Deed from Samuel Dale and wife to the United States, dated November 16, 1846, conveying a lot in Springfield. Deed recorded in Liber 132, folia 426, of the deed records of Hampden County. 46. Deed from Walter H. Bowdoin and wife to Ihe United States, dated November 30, 1846, conveying a lot in Springfield. Deed recorded in Liber 132, folio 425, of the deed records of Hampden County. 47. Deed from Walter H. Bowdoiu and wile to the United States, dated December 18, 1847, conveying 120 square rods of land in Spring- field. Deed recorded in Liber 139, folio 483, of the deed records of flampden County. 48. Deed from Walter H. Bowdoin and wife to the United States, dated December 18, 1847, conveying Lots 6 and 7 of Cottage Home- stead, in Springfield, etc. Deed recorded in Liber 140, folio 234, of the deed records of Hampden County. 49. Deed from Walter H. Bowdoin and wife et al. to the United States, dated December 18, 1847, conveying Lot 8 of Cottage Home- stead, in Springfield. Deed recorded in Liber 140, folio 235, of the deed records of Hampden County. 50. Deed from George T. Bond to the United States, dated February 28, 1848, conveying 3 roods of land. Deed recorded in Liber 140, folio 219, of the deed records of Hampden County. 51. Deed from James Indicott and wife et al. to the United States, dated March 31, 1848, conveying Lot 5 in Cottage Homestead, addition to Springfield. Deed recorded in Liber 141, folio 220, of the deed rec- ords of Hampden County. 52. Deed from Walter H. Bowdoin and wife to the United States, dated September 30, 1848, conveying 2 roods of land. Deed recorded in Liber 145, folio 170, of the deed records of Hampden County. 53. Deed from Reuben A. Chapman and wile to the United States, dated September 22, 1848, conveying by release, etc., a lot in Spring- field. Deed recorded in Liber 133, folio 215, of the deed records of Hampden County. 54. Deed from John Mills and wife to the United States, dated Sep- tember 30, 1848, conveying by release, etc., a lot in Springfield. Deed recorded in Book 142, page 610, of the deed records of Hampden County. 55. Deed from Jacob Ladd and wife to the United States, dated January 13, 1849, conveying 10 acres 3 roods and 35 J rods of land. Deed recorded in Book 146, page 286, of the deed records of Hampden County. 56. Deed from Corbin O. Wood and wife et al. to the United States, dated February 1, 1849, conveying 18 acres 2 roods and 51 J rods of land, etc. Deed recorded in Book 146, page 290, of the deed records of Hampden County. 57. Deed from Elisha Benton and wife to the United States, dated MILITARY RESERVATIONS, ETC. 109 February 1, 1849, conveying 7 acres and 4 rods of land, etc. Deed recorded in Book 146, page 285, of the deed records of Hampden County. 58. Deed from Luinan Spencer and wife to the United States, dated February 1, 1849, conveying a tract of land in Springfield, etc. Deed recorded in Book 146, page 289, of the deed records of Hampden County. f>9. Deed from Seth Thayer and wife to the United States, dated February 1, 1849, conveying a tract in Springfield. Deed recorded in Book 146, page 284, of the deed records of Hampden County. 60. Deed from Charles T. L. Warner and wife to the United States, dated February 10, 1849, conveying 3 acres 2 roods and 6 rods of laud, etc. Deed recorded in Book 146, page 288, of the deed records of Hampden County. 61. Deed from James W. Crooks, Guardian, etc., to the United States, dated March 22, 1849, conveying 8 acres 3 roods and 87 rods of land, etc. Deed recorded in Book 146, page 313, etc., of the deed records of Hampden County. 62. Deed from Orrin C. Andrus to the United States, dated March 23, 1849, conveying 24 rods of land, etc. Deed recorded in Book 147, page 344, of the deed records of Hampdeu County. 63. Deed from Sophia Charter and husband to the United States, dated May 21, 1849, conveying 2 acres 1 rood and 33 rods of land, etc. Deed recorded in Liber 150, folio 462, of the deed records of Hampdeu County. 64. Deed from Eoswell Shurtliff and wife to the United States, dated March 18, 1851, conveying a tract of land in Springfield, with roadway, etc. Deed recorded in Liber 159, folio 139, of the deed records of Hampden County. 65. Deed from the Trustees of the School Funds, etc., to the United States, dated August 30, 1851, conveying strip of land for a sidewalk. Deed recorded in Liber 166, folio 95, of the deed records of Hampdeu County. 66. Deed from Persis Taylor to the United States, dated June 1, 1852, conveying a tract of land in Springfield. Deed recorded in Liber 160, folio 300, of the deed records of Hampden County. 67. Deed from the Western Kailroad Company to the United States, dated June 19, 1852, conveying certain water rights, easements, etc. Deed recorded in Liber 166, folio 96, of the deed records of Hampden County. 68. Deed from George Bliss and wife to the United States, dated July 8, 1856, conveying 4 acres and 22.92 rods of land upon condition, etc. Deed recorded in Book 183, page 372, of the deed records of Hampden County. 69. Deed from James T. Ames and wife to the United States, dated July 29, 1856, conveying a tract of land in Springfield. Deed recorded in Liber 182, folio 514, of the deed records of Hampden County. 70. Deed from Thomas Knox and wife to the United States, dated October 15, 1857, conveying a tract of land to raise height of darn, etc. Deed recorded in Book 193, page 13, of the deed records of Hampdeu County. 71. Deed from Henry J. Fuller and wife to the United States, dated October 15, 1857, conveying a tract of land to raise height of dam, etc. Deed recorded in Book 193, page 12, of the deed records of Hampden County. 72. Deed from John Ashley and wife to the United States, dated 110 MILITARY RESERVATIONS, ETC. October 17, 1857, conveying- a tract of land to raise height of dam, etc. Deed recorded in Book 193, page 114, of the deed records of Hampden County. 73. Deed from Hezekiah Burt and wife to the United States, dated October 19, 1857, conveying a tract of land to raise the height of dam, etc. Deed recorded in Book 193, page 115, of the deed records of Hampden County. 74. Deed from Harmony A. Fletcher to the United States, dated October 21, 1857, conveying a tract of land to raise height of dam, etc. Deed recorded in Book 193, page 14, of the deed records of Hampden County. 75. Deed from E. S. Austin and wife to the United States, dated October 31, 1857, conveying certain tracts of land to raise height of dam, etc. Deed recorded in Book 193, page 8, of the deed records of Hampden County. 76. Deed from Samuel Walker and wife to the United States, dated October 31. 1857, conveying a tract of land to raise height of dam, etc. Deed recorded in Book 193, page 16, of the deed records of Hampden County. 77. Deed from Philos B. Tyler and wife to the United States, dated November 2, 1857, conveying a tract of laud to raise height of dam, etc. Deed recorded in Book 193, page 10, of the deed records of Hampden County. 78. Deed from Charles G. Eice and wife to the United States, dated November 4, 1857, conveying the right to flow his land by raising dam 10 feet. Deed recorded in Book 193, page 14, of the deed records of Hampden County. 79. Deed from Jonathan Carlisle and wife to the United States, dated November 5, 1857, conveying tracts of land to raise height of dam, etc. Deed recorded in Book 193, page 59, of the deed records of Hampdeu County. 80. Deed from Samuel Aspinwall, Guardian, etc., to the United States, dated November 12, 1857, conveying tracts of land to raise height of dam, etc. Deed recorded in Book 193, page 57, of the deed records of Hampden County. 81. Deed from Elisha Beuton et al. to the United States, dated December 2, 1857, conveying lands to raise height of dam, etc. Deed recorded in Book 193, page 112, of the deed records of Hampden County. 82. Deed from The City of Springfield to the United States, dated December 8, 1857, conveying all right in certain highways and release of damage by flowage, etc. Deed recorded in Book 193, page 111, of the deed records of Hampden County. 83. Deed from Seth Thayer and wife to the United States, dated December 10, 1857, conveying a tract of land to raise height of dam, etc. Deed recorded in Book 193, page 116, of the deed records of Hampden County. 84. Deed from David E. Ashley and wife to the United States, dated December 15, 1857, conveying a tract of land to raise height of dam, etc. Deed recorded in Book 193, page 132, of the deed records of* Hampdeu County. 85. Deed from Daniel Gay and wife to the United States, dated December 24, 1857, conveying a tract of land to raise height of dam, etc. Deed recorded in Book 193, page 133, of the deed records of Hampden County. 86. Deed from' Daniel Charter and wife to the United States, dated June 10, 1858, conveying a tract of land to raise height of dam, etc. MILITARY RESERVATIONS, ETC. Ill Deed recorded in Book 195, page 1127, of the deed records of Hampdeu County. 87. Deed from Edward Ingersoll and wife to the United States, dated May 14, 1859, conveying 1 acre of laud with privilege of erecting a Powder Magazine with right of way, etc. Deed recorded in Book 198, page 153, of the deed records of Hampdeu County. 88. Deed from John Ashley and wife to the United States, dated June 2, 1859, conveying 41.88 rods of land for a highway; also a light of way for a race way, etc. Deed recorded in Liber 199, folio 11, of the deed records of Hampdeu County. 89. Deed from Horace Kibbe and wife to the United States, dated September 3, 1860, conveying a tract of land in Springfield with condi- tions. Deed recorded in Book 205, page 480, of the deed records of Hampden County. 90. Deed from E. E. Ladd et al. to the United States, dated July 16, 1863, conveying a right of way and privilege of laying conduits, etc. Deed recorded in Book 221, page 212, of the deed records of Hampden County. 91. Lease for ninety-nine years, etc., from Henry S. Fuller to the United States, dated December 13, 1864, leasing a certain described tract of laud in Springfield. Lease recorded in Book 230, page 369, of the deed records of Hampden County. 92. Deed from James T. Ames and wife to the United States, dated February 9, 1867, conveying a tract of land in Springfield. Deed recorded in Book 245, page 436, of the deed records of Hampden County. 93. Deed from James T. Ames and wife to the United States, dated December 3, 1868, conveying a tract of land in Springfield. Deed recorded iu Book 259, page 448, of the deed records of Hampden County. 94. Di ed from E. E. Ladd and wife to the United States, dated December 17, 1868, conveying a tract of land in Springfield. Deed recorded in Book 259, page 511, of the deed records of Hampden County. 95. Deed from Edward P. Chapin and wife to the United States, dated January 28, 1869, conveying a tract of land in Springfield. Deed recorded iu Book 259, page 147, of the deed records of Hampden County. 96. Deed from Charles Phelps and wife to the United States, dated August 2, 1870, conveying 3 acres of land and release of other interests. Deed recorded in Book 274, page 533, of the deed records of Hampden County. For j urisdiction see Fort Independence. See Appendix, pages 291, 292. FORT STANDISH. This reservation contains an area of 6.9 acres, and is situated on Saguish Head 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. to the United States, dated June 10, 1870, conveying the tract embraced in reservation- Deed recorded in Book 366, page 79, of the Eegistry of Deeds of Ply- mouth County. The above purchase made by virtue of an act of Congress approved March 2, 1867. For jurisdiction see Fort Andrew. 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 112 MILITARY RESERVATIONS, ETC. outlet entrance to Boston Harbor, and is about 7J miles from the City of Boston by the main ship channel. The title is as follows: Deed from the City of Boston to the United States, dated June 23, 1825, conveying George's and Lovell's Islands. Deed 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 for tinea tiou known as Fort Warren. a SEC. 2. The consent of this Commonwealth 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 evidence 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 con- sent aforesaid are granted upon the express condition that this Com- monwealth shall retain a concurrent jurisdiction with the United States in and over the islands 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 said islands, may be executed therein in the same way and manner as though this cession 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 assessments which may be laid or imposed under the authority of this Common- wealth, 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 54 acres, and is situated at Watertown, in Middlesex County. The title is as follows: 1. Deed from Thomas Learned and wife to the United States, dated September 23, 1816, conveying 20 acres 3 roods and 39 poles of laud. Deed recorded in Book 219, page 56, of the deed records of Middlesex County. 2. Decree of condemnation for 18 acres 2 roods and 134 perches of land adjoining laud 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 Middlesex. Decree rendered 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. to the United States, dated July 28, 1830, conveying 3 acres 3 roods and 13 rods of land. Deed recorded in Book 299, page 324, of the deed records of Middlesex County. 4. Deed from John Baxter et al. to the United States, dated Septem- ber 28, 1830, conveying 1 rood 8 poles and 354 square links of land. Deed recorded in Book 298, page 514, of the deed records of Middlesex County. 5. Decree of condemnation for 1 rood 8 poles and 354 square links of laud, in case of the United States v. Elizabeth Bates et al., before MILITARY RESERVATIONS, ETC. 113 the County Commissioners at Cambridge, in Middlesex County. Decree rendered and filed with the record in the office of the County Commis- sioners at Cambridge, in Middlesex County. March 30, 1831. 6. Deed from Thomas Learned and wife to the United States, dated April 15, 1839, conveying 10 acres of land. Deed recorded in Book 381, page 290, of the deed records of Middlesex County. 7. Deed from Williard Sears and wife to the United States, dated September 23, 1807, conveying 44 acres of land. Deed recorded in Book 1018, page 230, of the deed records of Middlesex County, at Cam bridge. Jurisdiction was ceded to the United States by an act of the State Legislature, approved June 17, 1810, which provides as follows: U 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 Watertown, in the county of Middlesex, on the left bank oT 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 purchases 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 CDinmonwealth 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 madeor granted " FORT WINTHROP. This reservation embraces the whole of what is known as Governor's Island, and is situated in Boston Harbor. The title is as follows: 1. Deed from James Winthrop to the United States, dated May 18, 1808, conveying acres of Governor's Island. Deed recorded in Liber 225, folio 193, of the deed records of Suffolk County. 2. Quit claim deed from Charles A. Bigelow and wife to the United States, dated February 23, 1840, conveying all interest in Governor's Island. Deed recorded in Liber 558, folio 1, of the deed records of Suffolk County. 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 tenure 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." 205 8 114 MILITARY RESERVATIONS, ETC. MICHIGAN. FORT BRADY (NEW.) This reservation contains about 75 acres, and 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, and the title is as follows: 1. Deed from Thomas By an and wife to the United States, dated December 18, 1886, conveying 80 acres with exceptions. Deed recorded in Liber 10, page 340, of the deed records of Chippewa County. 2. Quitclaim deed from the city of Sault Ste. Marie to the United States, dated May 22, 1888, conveying certain streets, roads, etc. Deed recorded in Liber 17, page 581, of the deed records of Chippewa County. Jurisdiction over this reservation rests upon the following acts of the State Legislature, approved March 29, 1871, and March 24, 1874: " SECTION!. The People of the State of Michigan enact, 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 purposes: Provided, That an accurate description and plat of such lands so acquired, verified by oath of some officer of the general government having knowledge of the facts, shall bo filed with the Governor of this State: And provided further, That this cession is upon the express condition that the State of Michigan 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 hav- ing 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." (Act of March 29, 1871 .) "SECTION 1. That the LTnited 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 laud which may have been or may be purchased or condemned, or otherwise acquired, and shall have the right of exclusive legislation and concur- rent 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 24, 1874.) GARRISON CEMETERY (OLD FORT BRADY). This reservation contains an area of about 7.09 square chains, and is a part of the old Fort Brady reservation reserved from sale by execu- tive order dated November 28, 1894. The title is as follows: The reservation of which this small tract formed a part was a part of the lands acquired by treaty with the Chippewa Indians, concluded MILITARY RESERVATIONS, ETC. 115 by Gen. Lewis Cass June 16, 1820. Executive order dated April 3, 1847, reserved the tracts for public uses. Fort Brady was established in June, 18132, and abandoned and lands disposed of at various times until 1884, when final disposition was made, except as to the above cemetery lot. For jurisdiction see Fort Brady. LAKE SIDE CEMETERY. This burial ground contains about 12,000 square feet of ground. It is situated at Port Huron, in St. Glair Gounty. The title is as follows: Deed from the city of Port Huron to the United States, dated Octo- ber 14, 1881, conveying Lots 144 to 159, inclusive. Deed recorded in the office of the City Glerk of Port Huron. For jurisdiction, see Fort Brady. FORT WAYNE. This reservation contains an area of about 63 acres. It is situated on the Detroit River, in Wayne County, near the City of Detroit. The title is as follows : 1. Quitclaim deed from Arthur J. Robinson to the United States, dated June 3, 1842, conveying 7.40 acres. Deed recorded in Liber 24, folio 396, etc., of the deed records of Wayne County. 2. Quit Claim deed from Kobert A. Forsyth and wife to the United States, dated June 3, 1842, conveying 23.36 acres. Deed recorded in Liber 21, folio 401, etc., of the deed records of Wayne County. 3. Deed from Benjamin B. Kerch eval and wife to the United States, dated June 3, 1842, conveying 23.36 acres. Deed recorded in Liber 21, folio 402, etc., of the deed records of Wayne County. 4. Deed from William D wight and wife to the United States, dated April 15, 1844, conveying 41.86 acres. Deed recorded in Liber 24, folio 394, etc., of the deed records of Wayne County. Jurisdiction was ceded to the United States by an act of the State legislature approved February 9, 1842, which provides as follows: u 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 defence 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 high- way, shall be opened and put in good condition for traveling, at the expense of the United States." See also Fort Brady. MINNESOTA. FORT SNELLING. This reservation contains an area of 1,531.21 acres, and is situated at the junction of the Minnesota and Mississippi Rivers between the cities of St. Paul and Minneapolis in Hennepin County. The title is as follows : Being a part of the public domain, a post was established in Septem- ber, 1819, and the lands held for military purposes until formally reserved 116 MILITARY RESERVATIONS, ETC. by Executive orders dated May 25 and November 16, 1853. The reser- vation was reduced to its present area by sales under an Act of Con- gress approved May 7, 1870, and the present boundaries established by General Order No. 13, Department of Dakota, 1880. Jurisdiction ceded to the United States by an act of the State Legis- lature approved April -4, 1889, which provides as follows: "SECTION 1. That jurisdiction is hereby ceded to the United States of America over the following-described territory, to wit: Beginning at a point where the south line of the northeast quarter (NE. J) of the northeast quarter (NE. J) of section thirty-two (32) of township twenty - eight (28), north of range twenty- three (23), west of the fourth (4th) principal meridian, intersects the middle of the main channel of the Minnesota Kiver ; thence west to the southwest corner of the northwest quarter (NW. J) of the northwest quarter (NW. J) of section thirty-two (32), town and range aforesaid ; thence north to the northwest corner of section twenty (20), town and range aforesaid; thence east to the middle of the main channel of the Mississippi Kiver; thence along the main channel of the Mississippi River to the confluence of the Missis- sippi River at the head of Pike Island, and the middle of the Minnesota River to the place of beginning; Provided, The public highways across said reservation shall be kept open for public travel. " SEC. 2. From the cession of jurisdiction to the United States hereby granted the following reservation is hereby made, to wit: The State of Minnesota shall have and hereby does reserve and retain a concurrent jurisdiction with the United States in and over the territory aforesaid, so far as may be necessary for said State and its officers to serve any process or papers, civil or criminal, that may be lawfully issued under the authority of said State or of any of the departments of the govern- ment thereof, and to arrest on said territory and punish any person or persons charged with crime against the laws of said State, whether committed within or without the boundaries of said territory, in the same manner and to the same extent as though said cession of jurisdic- tion had not been made." 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 Congress approved August 7, 1882, and the title is as follows : Deed from the city of St. Paul to the United States, dated August 19, 1882, conveying Lot 3 and part of Lot 4 in Block 31, in St. Paul proper. Deed recorded in Book 111, pages 194 to 197, of the deed records of Ramsey County at St. Paul. Jurisdiction was ceded to the United States by an act of the State Legislature approved February 26, 1883, as follows : " SECTION 1. That the consent of the legislature of the State of Min - nesota be, and hereby is, granted to the United States to purchase and hold in this State, for the purpose of erecting a building thereon to be used as a depot for supplies for the Army or other purposes, the fol- lowing-described tracts and parcels of land, to wit: Commencing at the south-west corner of lot number four in block number thirty-one of St. Paul proper, thence running northerly along the west line of said lot for one hundred and seven thirty-one one hundredths feet to an alley, thence at right angles easterly along the southerly line of said alley, to the easterly line of said lot four; thence southerly along said east line MILITARY RESERVATIONS, ETC. 117 of said lot four to the southeast corner of said lot four, thence west- erly along the northerly line of Second Street to the place of begin- ning; all being a part of lot four in block thirty-one in the original town of St. Paul as surveyed by Ira Brunson ; also lot number three in said block number thirty one of St. Paul proper, according to the recorded plat thereof on file in the office of the register of deeds of said county of Ramsey; said lands being situated in said county of Ramsey, Minnesota, and jurisdiction over the same is hereby ceded to the United States from aud after such date as the title thereto shall have been vested in the United States. " SEC. 2. The Secretary of State shall, within one month after the title to said land is vested in the United States, cause a map of the same to be made showing definitely the boundaries thereof and shall file the same in his office and make a proper record thereof. " SEC. 3. From the cession of jurisdiction to the United States, hereby granted, the following reservation is hereby made, to wit: The State of Minnesota shall have and hereby does reserve and retain a concurrent jurisdiction with the United States in and over the territory aforesaid so far as may be necessary for said State and its officers to serve any process or papers, civil or criminal, that may be lawfully issued under the authority of said State or of any of the departments of the government thereof, and to arrest on said territory and punish any person or persons charged with crime against the laws of said State, whether committed within or without the boundaries of said territory, in the same manner and to the same extent as though said cession of jurisdiction had not been made." MISSISSIPPI. SHIP ISLAND (FORT MASSACHUSETTS). This reservation contains an area of about 50 acres and includes the whole of IShip Island. It 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 it was reserved for military purposes by Executive Order dated August 30, 1847. Jurisdiction was ceded by an act of the State Legislature approved November 1 5, 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 Mississippi, by building and maintaining such forts, magazines, arsenals, dockyards, 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 Ship Island, in the Gulf of Mexico, Coast of Mis- sissippi, 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 jurisdiction 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 Stati- against any person or persons charged with crimes committed without the premises aforesaid may be executed therein in the same way ami manner as if jurisdiction had not been ceded as aforesaid. MILITARY RESERVATIONS, ETC. "SEC. 2. The premises over whicli 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." 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. to the United States, dated February 1,.1868, conveying 20 acres of land, by metes and bounds, being a portion of Section 12, Township 2, of Bange 7 East, etc. Deed recorded in Deed Book B B, page 351, etc., of the Deed Kecords of Tishomingo County. 2. Deed from M. A. Mitchell to the United States, dated October 15, 18S8, conveying laud for right of way. Deed recorded in Book 12, page 490, of the Deed Records of Alcorn County. 3. Deed from the City of Corinth to the United States, dated Janu- ary 7, 1889, conveying right of way, etc. Deed recorded in Book 12, page 560, of the deed records of Alcorn County. 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 occupied as .National Cemeteries in this State, to wit: All of a tract or parcel of laud 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 Vicksburg, 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 National 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 farther 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 afore- said, the same to be free and exempt from any and all taxes or assess- ments 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. to the United States, dated January 31, 1867, conveying 11.07 acres. Deed recorded in Book O O, page 408, etc., of the deed records of Adams County. MILITARY RESERVATIONS, ETC. 119 2. Deed from the City of Natchez to the United States, dated Octo- ber 11, 1880, conveying rights of way, etc. Deed recorded iii Book 3 A, page 398, etc., of the deed records of Adams County. For Jurisdiction see Corinth National Cemetery. VICKSBURG NATIONAL CEMETERY. This reservation contains an area of 40 acres and a Cemetery Road- way, and is situated at Vicksburg, in Warren County. The title is as follows: 1^ Deed from Alvey II. Jaynes and wife to the United States, dated August 27, 1866, conveying 40 acres. 2. Deed from the County of Warren to the United States, dated August 10, 1880, conveying right of way from the City of Vicksburg to the Cemetery. Deed recorded in Book Y Y, page 433, etc., of the deed records of Warren County. 3. Deed from Heirs of A. H. Arthur to the United States, dated Jan- uary 10, 1888, conveying a right of way. Deed recorded in Book No. 65, page 141, etc., of the deed records of Warren County. 4. Deed from Thomas Rigeley to the United States, dated May 4, 1888, conveying a right of way. Deed recorded in Book No. G5, page 143, of the deed records of Warren County. 5. Deed from George M. M. Linn to the United States, dated Sep- tember 26, 1887, conveying a right of way. Deed recorded in Book No. 65, page 140, etc., of the deed records of Warren County. 6. Deed from John B. Mattiugly to the United States, dated Septern^ ber 7, 1887, conveying a right of way. Deed recorded in Book No. 65, page 139, etc., of the deed records of Warren County. 7. Deed from William M. Vogleson to the United States, dated Sep- tember 7, 1887, conveying a right of way. Deed recorded in Book No. 64, page 392, etc., of the deed records of Warren County. 8. Deed from Mary A. Wymaii to the United States, dated Septem- ber 1, 1887, conveying a right of way. Deed recorded in Book No. 64, page 393, etc., of the deed records of Warren County. 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 the deed records of Warren County. The roadway described in the foregoing deeds was acquired through the Board of Supervisors of Warren County, who derived their author- ity under an Act of the State Legislature approved March 2, 1880. For Jurisdiction see Corinth National Cemetery. MISSOURI. JEFFERSON BARRACKS. This reservation contains an area of 1 ; 260.91 acres, and is situated in Soutli St. Louis on the Mississippi River, 10 miles from St. Louis, in St. Louis County. The title is as follows: 1. Deed from the inhabitants of Carondolet to the United States, dated July 8, 1826, conveying part of "Caroudolet Common." Deed recorded in Book N, page 113, of the deed records of St. Louis County. 2. Quit-claim deed from the City of Carondolet to the United States, dated October 25, 1854, conveying by metes and bounds a portion of the Common of said city, containing 1,702 acres, more or less. Deed recorded in Book 160, page 130, of the deed records of St. Louis County. 120 MILITARY RESERVATIONS, ETC. 3. Quit Claim Deed from Charles Blank et al. to the United States, dated July 17, 1890, conveying 0.70 acre, etc. Deed recorded in Book 49, page 54 of the deed records of St. Louis County. 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 committed in said state outside of said cession and reservation ; and saving further to said state the right to tax and regulate railroad, bridge, and other corpora- tions, their franchises and property on said reservation. 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." ST. LOUIS CLOTHING DEPOT. This reservation contains 31.8 acres, and is situated in the City of St. Louis, on the Missouri River. The title is as follows: 1. Deed from A. Chenie and wife to the United States, dated August 3, 1827, conveying 13 arpeuts of land. Deed recorded in Book N, page 486 of the deed records of St. Louis County. 2. Deed from Arend Rutgers and wife to the United States, dated August 3, 1827, conveying 31 arpents of land. Deed recorded in Book N, page 48^, of the deed records of St. Louis County. JEFFERSON CITY NATIONAL CEMETERY. This reservation contains an area of 2 acres, and is situated at Jef- ferson City, in Cole County. The title is as follows: Deed from Israel B. Read and wife to the United States, dated Decem- ber 7, 1867, conveying 2 acres. Deed recorded in Book A, page 462, etc., of the deed records of Cole 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 to the United States, dated August 16, 1867, conveying 5 acres. Deed recorded in Book S, page 294, of the deed records of Greene County. 2. Quitclaim deed from N. F. Cheaers et al. to the United States, dated June 2, 1868, conveying about 5 acres. Deed recorded in Book S, page 342, of the deed records of Greene County. 3. Deed from John S. Vhelps to the United States, dated May 22, 1885, conveying a roadway. Deed recorded in Book 59, page 418, of the deed records of Greene County. MILITARY RESERVATIONS, ETC, 121 4. Deed from Jestiou Potter to the United States, dated , 1885, conveying a roadway. Deed recorded iii Book 59, page 419, of the deed records of Greene County. 5. Deed from Edward J. Cox to the United States, dated May 21, 1885, conveying a roadway. Deed recorded in Book 59, page 420, of the deed records of Greene County. 6. Deed from William G. Evans and wife to the United States, dated May 21, 1885, conveying a roadway. Deed recorded in Book 01, page 58, of the deed records of Greene County. 7. Deed from George A. C. Woolley and wife to the United States, dated May 21, 1885, conveying a roadway. Deed recorded in Book 61, page 57, of the deed records of Greene County. MONTANA. FORT ASSINNIBOINE. The present area of this reservation is about 220,000 acres. 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 Execu- tive Order dated March 4, 1880, and re-declared June 16, 1881. A new reservation, with the addition of Hay and Coal Field reserves, was declared May 2, 1888, making a total of about 704,000 acres reserved. This area was reduced October 9, 1891, by transferring the Hay and Coal Field reserves to the Interior Department. (Through an error of survey most of the Post buildings were located on Sec. 36, T. 13, N. R. 20 W., instead of Sec. 31, T. 13, K. R. 19 W., the section reserved for military purposes. The cession of jurisdiction does not apply to section 36, as that section was not set aside as a reservation, but was granted to the State for school purposes.) Jurisdiction was ceded to the United States by Article II of the Con- stitution 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 Assinaboine, Fort Custer, Fort Keogh, Fort Maginuis, Fort Mis- soula, and Fort Shaw, as now established by law, so long as said places remain military reservations, to the same extent and with the same effect as if said reservations had been purchased by the United States by consent of the Legislative Assembly of the State of Montana; and the Legislative Assembly is authorized and directed to enact any law nec- essary 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 and property found within any of said reservations in all cases where the United States has not exclusive jurisdiction." FORT CUSTER. 1. Post Reservation. The post reservation contains an area of 36 square miles, and is situated in Townships 1 and 2, South of Ranges 33 and 34 East, formerly a part of the Crow Indian Reservation, in Custer County. 122 MILITARY RESERVATIONS, ETC. 2. National Cemetery of Ouster's Battlefield Reservation. This reser- vation contains an area of 1 square mile, and is situated on the right bank of the Little Big Horn River; formerly a part of the Crow Indian Reservation in the same County. 3. Limestone Reservation. This reserve contains an area of 3.48 square miles, and is situated on the Big Horn River; part of same former reservation, and in same County. The above, aggregating 25,907.20 acres, was reserved for military purposes by Executive Order, dated December 7, 1886. The Post was established July 4, 1877, under authority of an Act of Congress approved July 22, 1876. For Jurisdiction see Fort Assinniboiue; also Fort Harrison. 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. The land was acquired and post established under an Act of Congress approved May 12, 1892, and the title is as follows: 1. Quit Claim Deed from Ausalem J. Davidson (Trustee) and wife to the United States, 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 Range 4 West. Deed recorded in Book 32, page 326, of the deed records of Lewis and Clark County. 2. Quit Claim Deed from Nicholas Kessler to the United States, dated February 17, 1893, conveying all right, title, and interest in Sec- tion 16, Township 10, North Range 4 West. Deed recorded in Book 25, page 271, of the deed records of Lewis and Clark County. 3. Deed from Nicholas Kessler to the United States, dated February 17, 1893, conveying the North half of the northwest quarter of Section 22, Township 10, North Range 4 West, containing 80 acres. Deed recorded in Book 31, page 467, of the deed records of Lewis and Clark County. 4. Quit Claim Deed from the State of Montana to the United States, dated March 7, 1893, conveying the east half of Section 16, Township 10, North Range 4 West. Deed recorded in Book 32, page 323, of the deed records of Lewis and Clark County. 5. Quit Claim Deed from Eli Knobb and wife to the United States, 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. Deed recorded in Book 25, page 273, of the deed records of Lewis and Clark County. 6. Quit Claim Deed from Mary B. Sperling to the United States, dated March 21, 1893, conveying part of Good Luck Mining Claim, containing 0.34 acre reserving right to mine, etc. Deed recorded in Book 26, page 141 , of the deed records of Lewis and Clark County. 7. Quit Claim Deed from Northern Pacific Railroad Company et al. to the United States, 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 northwest quarter, of Section 21; the southeast quarter of the south- east quarter of Section 17, in Township 10, North Range 4 West, con- taining 640 acres; reserving a strip 400 feet wide for right of way for railroad purposes. Deed recorded in Book 32, page 320, of the deed records of Lewis and Clark County. 8. Quit Claim Deed from Jacob Fisher and wife to the United States, MILITARY RESERVATIONS, ETC. 123 dated April 15, 189 >, conveying all interest in Section 16, Township 10, Xorth Range 4 West. Deed recorded in Book 2i> 7 page 272, of the deed records of Lewis and Clark County. 9. Quit Claim Deed from H. W. Brooks and wife et al. to the United States, dated May 22, 1893, conveying all right, title, and interest in the East half of Section 1G, Township 10, Xorth Range 4 West, known as the Red Rock Lode and the Minnie B. Lode Mining Claims. Deed recorded in Book 29, page 236, of the deed records of Lewis and Clark County. Jurisdiction was ceded to the United States by an act of the State Legislature, approved February 14, 1891, which provides as follows : "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 military 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 com- mon 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." (See also Fort Assinniboine.) FORT KEoan. 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, was reserved for military purposes by Executive order dated March 14, 1878. The Post was established in 1876, under authority of an act of Con gress, approved July 22, 1876. By Act of Congress, approved July 30, 1890, the reservation was reduced to its present area. For Jurisdiction see Fort Assinniboine. FORT MISSOULA. This reservation contains an aggregate of 2,777.41 acres, of which 1,200 acres belong to the Post proper and 1,577.41 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 established in June, 1877. The Wood and Timber reserve is 6 miles southeast of the Post. The lands were reserved from the public domain by Executive order dated February 19, 1877. The reservation was enlarged by Executive order dated August 5, 1878, and the Wood and Timber reserve declared by Executive order dated June 10, 1879. . For Jurisdiction see Fort Assinniboine and Fort Harrison. See Appendix, page 312. NEBRASKA. FORT CROOK. This reservation contains an area of 545.67 acres and is situated in Sarpy County, about 5 miles southwest of the City of Omaha. The Post was established under authority of an Act of Congress approved 124 MILITARY RESERVATIONS, ETC. July 23, 1888, and the title to the lands acquired for the purpose is as follows : 1. Deed from Henry T. Clarke and wife to the United States, dated September 7, 1889, conveying 502.59 acres of land. Deed 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 Zucher, defendant, in the District Court of the United States for the District of Nebraska. Decree rendered February 4, 1890, and tiled with the record in the Clerk's Office of said District Court. 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 condemned by the United States, shall be, and the same hereby is ceded to the United States: Provided, That the jurisdiction hereby ceded shall con- tinue 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 con- current 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 misdemeanors committed within said state, may be executed therein in the same way and manner as if s-uch 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 lands by purchase, 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." , FORT M'PHERSON NATIONAL CEMETERY. This reservation contains an area of 107 acres and is situated about 4 miles from Maxwell, in Lincoln County. The title is as follows : Reserved from the public domain for military purposes by Executive orders; January 22, 1807; January 25, 1870, and October 11, 1870; the reservation being known as Fort McPherson, and contained 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 30, 1873. FORT NIOBRARA. This reservation contains 54 square miles and 453 acres. It is sit- uated on the Niobrara liiver about 4 miles from Valentine, in Cherry MILITARY RESERVATIONS, ETC. 125 County. The Post was established under authority of an Act of Con- gress approved June 23, 1871), and lands, being a part of the public domain, reserved for military purposes by Executive order dated Decem- ber 10, 1879; enlarged by Executive order dated June 0, 1881, and modi- fied by Executive order dated April 29, 1884, with boundaries defined to include above area. 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 : a SECTION 1. That the jurisdiction of the State of Nebraska in and over the military reservations known as Fort Niobrara and Fort liobin- son 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 man- ner 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 high- ways across and over said reservations." (Approved March 29, 1887. Published as sections 10 and 11. article 13. chapter 83, Compiled Statutes of 1887.) "SECTION 1. That section ten (10), article thirteen (13), of chapter eighty-three (83), of an act ceding the jurisdiction over the military 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 res- ervations 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 other- wise be subject to taxation within Nebraska, except the personal prop- erty 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 com- fort 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 col- lecting any taxes due said state. Nor shall any of the provisions of this act prevent the enforcement on said military reservations of chap- ter 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 sub- stituted in its stead: Provided, That all suits pending and all rights 126 MILITARY RESERVATIONS, ETC. acquired under section hereby repealed shall he saved the same as though said section had continued in force." (Approved March 29, 1889.) OMAHA DEPOT. This reservation contains about 5 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 to the United States, dated August 9, 1879, conveying 5 acres of land. Deed recorded in Book 30, page 103, of the deed 'records of Douglas County. 2. Quit Claim Deed from Augustus Kountze and wife et al. to the United States, dated September 1, 1879, conveying all interest in above land. Deed rrcoi ded in Book 30, page 162, of the deed records of Douglas County. Jurisdiction ceded to the United States by an Act of the State Leg- islature, 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 situated in the City of Omaha, County of Douglas, State of Nebraska, and de- scribed as follows, to wit: (Here the 5 acres 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. il 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 proc- ess as may issue under the law or authority of the State of Nebraska against any person or persons charged with crime or misdemeanor com- mitted 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 aifect 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 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 from all taxes, assessments, and other charges which may be levied or imposed under the authority of the State." FORT OMAHA. This reservation contains an area of 82.50 acres and is situated in the City of Omaha, Douglas County. The site embracing 40 acres was purchased in 18(>8, which was legalized 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 to the United States, dated August 20, 18(58, conveying 20 acres of land. Deed recorded in Book 4, page 3'JO, of the deed records of Douglas County. MILITARY RESERVATIONS, ETC. 127 2. Deed from Charles B. Wells and wife to the United States, dated September 4, 1808, conveying 20 acres of land. Deed recorded in Book 4, page 339, of the deed records of Douglas County. 3. Quit claim Deed from Augustus Kountze and wife to the United States, dated April 17, 1882, conveying 42.50 acres of land. Deed recorded in Book 40, page 529, of the deed records of Douglas County. 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, nob exceeding one hundred acres, upon which is located the military post now known as Omaha Barracks. "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: Prorided, 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 concur- rent jurisdiction with the United States, in and over tbe 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 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 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 from all taxes, assessments, and other charges which may be levied or imposed under the authority 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 appur- tenances, shall subject the offender or offenders to a iine 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 work- house, to be prosecuted before any court of competent jurisdiction." FORT ROBINSON. This reservation contains an area of 36 square miles, including 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 reservation was then declared, with an area of 7 square miles and 199 acres, and this was afterwards enlarged by Executive order dated June 28, 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. For Jurisdiction see Fort Niobrara. See Appendix, page 294. 128 MILITARY RESERVATIONS, ETC. NEVADA. No Military Keservations. NEW HAMPSHIRE. FORT CONSTITUTION. This reservation contains about 6 acres, and 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 u William and Mary/ 7 and was occupied by the United States troops in 1806. The title was acquired and jurisdiction ceded to the United States by acts of the State Legislature of February 14, 171)1, and June 18, 1807, which provide as follows : " 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 en- trance of Piscataqua River, commonly called Fort Point, to begin at the northeasterly extremity of said point, and to run southwesterly, carry- ing the whole width of 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 author- ity of this State, or any officer 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.) POINT JERRY (BATTERY). This reservation contains 10 acres, more or less, exclusive of right of way, and is situated in the town of New Castle, in Kockingham County. The title is as follows: 1. Deed from John Lamprey and wife to the United States, dated March 14, 1873, conveying land known as Point Jerry. Deed recorded in Book 442, page 261, of the deed records of Eockingham County. MILITARY RESERVATIONS, ETC. 129 2. Deed from John A. Lamprey et al. to the United States, dated March 14, 1873, conveying above premises. Deed recorded in Book 438, page , of the deed records of Kockingham County. There is no special act ceding jurisdiction over this battery to the United States, but jurisdiction is beJieved 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 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 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. u SEC. 2. The lots, parcels, or tracts of laud, 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.' 7 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: Deed from the Selectmen of the town of Portsmouth to the United States, dated August 20, 1 808, conveying the above lot. Deed recorded in Liber 4, folio 51, etc., of the deed records of Rockingham County, in Portsmouth. 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 to the United States, dated May 20, 1892, conveying 25.734 acres. Deed recorded in Book 501, page 241, etc., of the deed 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 acquired the 2059 130 MILITARY RESERVATIONS, ETC. Unite* t. States may erect fortifications, barracks, and other public build ings, 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 control over the same and every part thereof subject to the restrictions hereafter mentioned; the same, however, not to be used for quarantine 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, mis- demeanors or criminal offences committed 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 property of the United States. "SE^J. 3. And be it enacted, That so long as such land 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." 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 to the United States, dated August 25, 1864, conveying 1 acre, etc. Deed recorded in Book C 7, page 270, etc., of the deed records of Burlington County, at Mount Holly. 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 follow,-: * being the same conveyed by Joseph Weyman to the United States by deed dated August twenty-fifth, eighteen hundred and sixty- four." BILLINGSPORT. This reserve contains 96 acres, and is situated in the township of Greenwich, in Gloucester County, on the Delaware Kiver. The title is as follows: Deed from Margaret M. Paul and Benjamin Weather by to the Thir- teen United Colonies of America, dated July 5, 1776, conveying by inetes and bounds the above 96 acres DOVER POWDER DEPOT. This reservation contains 1,866.50 acres, and is situated in the town- ships of Eockaway and Jefferson, in Morris County. The title is as follows : ,1. Deed from George E. Righter to the United States, dated June 26, 1880, conveying 1,195.80 acres. Deed recorded in Book L 10, page 16, etc., of the deed records of Morris County. MILITARY RESERVATIONS, ETC. 131 2. Deed from Uel H. Wiggins and wife to the United States, dated July 17, 1880, conveying 107.32 acres. Deed recorded in Book L 10, page 22, etc., of the deed records of Morris County. 3. Deed from Edward C. Fiedler and wife et al. to the United States, dated July 30, 1880, conveying 304.20 acres. Deed recorded in Book L 10, page 315, etc., of the deed records of Morris County. 4. Deed from Henry Dolaud et al. to the United States, dated August 20, 1880, conveying 11 acres. Deed recorded in Book M 10, page 463, etc., of the deed records of Morris County. 5. Deed from John E. Kindred to the United States, dated March 5, 1881, conveying 187.80 acres. Deed recorded in Book N 10, page 328, etc., of the deed records of Morris County. 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 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 poli- tic or corporate, within the boundaries or limits of the State, for the purpose of erecting thereon magazines and other needful buildings to be used as a powder depot for the ordnance department 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 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." FINN'S POINT. This reservation contains an area of 104.35 acres of land, and is situ- ated on the Delaware River in the township of Lower Penns Neck, t> miles from the town of Salem, in Salem County. The title is as follows : Deed from John G. Mason et al., Executors, etc., to the United States, dated July 15, 1837, conveying 104.35 acres. Deed recorded in Liber M M, folio 85, etc., of the deed records of Salem County. Jurisdiction was ceded to the United States by acts of the State Leg- islature, 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 provided in the seventeenth clause of the eighth section of the first article of the con- stitution 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.) FINN'S POINT NATIONAL CEMETERY. Part of Finn's Point reservation, and contains an area of 2 acres. For title, see Finn's Point. 132 MILITARY RESERVATIONS, ETC. RED BANK. This reservation contains an area of 100 acres, and is situated 8 miles below tbe City of Philadelphia, at Red Bank, on the east shore of the Delaware Kiver in the township of West Deptford, Gloucester County. The title is as follows: Deed from Benjamin P. Heritage and wife to the United States, dated May 10, 1872, conveying the above 100 acres. Deed recorded in Book N 5, page 219, etc., of the deed records of Gloucester County, at Woodbury. 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 pur- pose 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 thousand 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 hundred and nineteen, and so forth." SANDY HOOK (FORT HANCOCK). This reservation contains an area of 1,306 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 Eichard Hartshorn et al. to the United States, dated February 26, 1806, conveying Sandy Hook Point. Deed recorded in Book 2, folio 442, etc., of the deed records of Monmouth County. 2. Deed from Robert Hartshorn and wife to the United States, dated June 17, 1817, conveying the remainder of Sandy Hook. Deed recorded in Book A 2, folio 25, etc., of the deed records of Monmouth County. 3. Deed from u The Highland Beach Association" to the United States, dated July 27, 1892, conveying Lots 2 to 22, inclusive, and all riparian rights, etc., with right of way, etc. Deed recorded in Book . r >16, page 331, etc., of the deed records of Moumouth County. This deed excepts property of New Jersey Southern Railway Company. 4. Deed from " The Atlantic Highlands Association" to the United States, dated July 29, 1892, conveying Lot 1 and riparian rights, etc. Deed recorded in Book 516, page 3.J7, etc., of the deed records of Mon- mouth County. This deed also excepts property of New Jersey South- ern Railway Company. 5. Deed from The New Jersey Southern Railway Company to the United States, dated May 1, 1893, conveying the hind reserved by above deeds aggregating 132,000 square feet, together with certain rail- road property. Deed recorded in Book 520, page 252, etc., of the deed records of Monmouth County. Jurisdiction was ceded to the United States by acts of the State Legislature approved November' 16, 1790, March 12, 1846, and March 10, 1880, 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 MILITARY RESERVATIONS, ETC. 133 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 10, 1790.) "1. Be it enacted, etc., That the jurisdiction in and over all that por- tion of Sandy Hook, in the county of Monmouth, owned by the United States, lying north of an east-and-west line through the 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 be it enacted, That the jurisdiction ceded in the first section of this Act, shall not prevent the execution on the said tract of laud 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 personal 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.) For act of the State Legislature approved March 10, 1880, see Dover Powder Depot. NEW MEXICO. FORT BAYARD. This reservation contains 15 square miles and 520 acres. It is situ- ated 2 miles from Halls, on the Silver City and Northern Railroad, in Gran't County, and, being an unappropriated part of the public domain, was reserved for military purposes by Executive Order dated April 10, 18G9, a Post having been established thereon August 21, 1866. SANTA FE NATIONAL CEMETERY. This reservation contains an area of 9.35 acres and is situated at Santa Fe, in Santa Fe County. The title is as follows: 1. Deed from John B. Laney, Bishop of Santa Fe, to the United States, dated July 2, 1870, conveying a tract by metes and bounds con- taining 16,900 square feet. Deed recorded in Book E, page 394, etc., of the deed records of Santa Fe County. 2. Deed from John B. Laney, Bishop of Santa Fe, to the United States, dated October 11, 1875, conveying 1.95 acres, with right of way, etc. Deed recorded in Book H, page 364, etc., of the deed records of Santa Fe County. 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. 134 MILITARY RESERVATIONS, ETC. FORT SUMNER NATIONAL CEMETERY. This reservation contains about 320 acres and is situated in Guada- loupe County, in theNB. J Sec. 1 5 and the N W. J Sec. 14, T. 2, N. R. 26 E., on the left bank of the Pecos River. Was formerly a part of Fort Stun- ner military reservation and was reserved by Executive Order dated May 22, 1871, from the operation of the order restoring the reservation to the public domain. FORT WING-ATE. This reservation contains an area of 130 square miles and is situated in Bernalillo County on the line of the Atlantic and Pacific Railroad, in Townships 13, 14, and 15, North of Ranges 15, 16, and 17 West of the New Mexico Principal Meridian. Taken from the public domain by Executive order, reserving 100 square miles for military purposes, dated February 18, 1871. Reservation enlarged by Executive order dated March 26, 1881, by adding 30 square miles for the purpose of supplying Post with timber, etc. For jurisdiction see paragraph 2, Section 3, Article IV, Constitution of United States. 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 Loper to the United States of North America, dated June 26, 1851, conveying said tract. Deed recorded at the City of Mexico, and a copy placed on file in the United States Legation in that city. NEW YORK. ARSKNAL ON BLOOMINGDALE ROAD. This reservation contains 2 Acres 1 Rood and 3,090 square feet of land and is situated on the east line of the Bloomingdale road and south of Bailey Street within the corporate limits of the City of New York. The title is as follows : Deed from The Mayor, Aldermen, and Commonalty of the City of New York to the United States, dated November 17, 1807. Deed recorded in the Clerk's Office of the City of New York in Liber No. 79, page 83. Jurisdiction was ceded by deed of Commissioners appointed to exe- cute the same by an act of the State Legislature entitled "An Act to cede the jurisdiction of certain lands in this State to the United States;" also by another act of said Legislature entitled "An Act supplemental to *An Act to cede the jurisdiction of certain lands in this State to the United States,'" passed Mjirch 20, 1807. Deed of cession executed in duplicate, dated May 6, 1808, and recorded in the Office of the Secre- tary of State for the State of New York. MILITARY RESERVATIONS, ETC. 135 BATTERY, NEW YORK CITY. The area of this property is indefinite. It is situated in the First Ward of New York City. The title is as follows: Deed from the Mayor, Aldermen, and Commonalty of the City of New York to the United States, dated November 17, 1807, conveyed for the purpose of erecting fortifications for the defense of the port and harbor of New York. It includes a lot of ground and also water lot, vacant ground, and soil under water to be made land and gained out of the Hudson liiver. (See deed for description by metes and bounds.) Deed recorded in the Clerk's Office for the City and County of New York, in Liber No. 71), page 79, etc. For Jurisdiction, see Arsenal on Bloomingdale Road. 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 lij miles Southwest from the u Battery" at New York City, 2 miles from Governor's Island, and 1 J miles from the New Jersey shore. The Island is the site of Fort Wood, and also the " Statue of Liberty." Title is as follows : By an Act of the State Legislature parsed February 15, 1800, enti- tled "An Act to cede to the United States the jurisdiction of certain Islands situated in and about the harbor of New York," which provided as follows : u lie it enacted, etc., That the following islands, in and about the har- bor 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 rivei and Hudson river, shall hereafter be subject to the jurisdiction of the United States: Provided, that this cession shall not extend to pre- vent the execution of any process, civil or criminal, issuing under the authority of this State, but that such process may be served and exe- cuted on the said islands, respectively, anything herein contained not- withstanding." (Passed February 15, 1800.) 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 ', 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 Lafay- ette, Hamilton, Wadsworth (or Tompkins), and Schuyler, and jurisdic- tion over the same, are hereby released and ceded to the United States under article one, section eight, paragraph seventeen of the constitu- tion, for the purpose of erecting and maintaining docks, wharves, boat- houses, sea walls, batteries, and other needful structures and appurte- nances. Said lands covered with water are bounded and described as 136 MILITARY RESERVATIONS, ETC. follows: * * * Provided, that jurisdiction hereby ceded shall con- tinue no longer than the United States shall own said lauds at Gov- ernor's, Bedloe's, Ellis's, and David's Islands, and at Forts Lafayette, Hamilton, Wadsworth, and Schuyler, and the adjacent 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. 7 ' (Passed May 7, 1880.) Subsequent to the passage of the foregoing Act, to wit, May 26, 1880, the 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 limitations contained therein. Pat- ent 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. 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 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 to the United States, dated March 29, 1870, conveying two plats in said cemetery. Deed recorded in the Clerk's Office for Queens County, in Liber 342, page 380. 2. Deed from Isaac Snediker and wife to the United States, dated May 22, 1884, conveying " upwards of 15 acres of laud." Deed recorded in Register's Office Kings County, Liber 1569, page 318. 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 p irtly in the town of New Lots, Kings County, and parlly in the town of Newtown, Queens County, containing fifteen 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 jurisdiction 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 exclusive jurisdiction shall revert to this state whenever said laud 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 remain the property of the United States. (Passed April 2, 1884.) DAVID'S ISLAND. This reservation, which includes the entire Island, contains an area of about 86.50 acres; was purchased under authority of an Act of Con- MILITARY RESERVATIONS, ETC. 137 gress approved February 18, 1867, and is situated at the southwestern extremity of Long Island Sound, 2 miles from New Koehelle, West- chester County, and 22 miles from New York City. The title is as follows : Deed from Simeon Leland and wife to the United States, dated May 11, 1867, conveying "David's Island," in New Rochelle, County of West- chester, reserving right of ferriage. Deed 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, ho-icever, and this act is upon the express condition, that all civil and criminal processes issued under the authority of tliis 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, buildings, 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, county, and municipal taxation and assessments, and provided also, that said island shall not be used for general hospital purposes." (Passed April 20, 1868.) Jurisdiction as to water-covered lands was ceded by an Act of the State Legislature approved May 7, 1880, for which see Bedloe's Island, and thereafter, 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 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. GOVERNOR'S ISLAND (FORT COLUMBUS). This reservation includes the whole Island and contains an area of 65.25 acres. It is situated in New York harbor at the junction of the Hudson and East Rivers and is about 2 miles from the City of New York. 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 Bedloe's Island.) Prior to the American 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. Jurisdiction as to lands covered with water contiguous to the Island was ceded to the United States by an Act of the State Legislature, approved May 7, 1880, for which see Bedloe's Island. 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 l-nited States subject to the terms of the said Act and the limitations contained therein. Patent 138 MILITARY RESERVATIONS, ETC. recorded May 20, 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. GREENBUSH. This property embraces a tract of land containing 261.3 acres adjoin- ing, and Lots 9 and 10 in the Town of Greenbush, in Rensselaer County. The title is as follows: 1. Deed from William Taber and wife to the United States, dated September 5, 1812, conveying Lot 26, containing 4,r,20 sqnare feet, as shown on Van .Allen's map of the Town of Greeubush. Deed recorded in the Secretary's Office for the State of New York in Liber M. R. R., page 476, etc. 2. Deed from James Kussell et al. to the United States, dated Sep- tember 16, 1812, conveying Lot No. 9, as shown on Yan Allen's Map of the Town of Greenbush. Deed recorded in the Secretary's Office for the State of New York in Liber M. R. R., page 477, etc. 3. Deed of release from Henry Ward et al. to the President of the United States, his successors, etc., dated May 22, 1812, conveying 2G1.3 acres by metes and bounds. Recorded in the Secretary's Office for the State of New York in Liber , page . 4. Deed from Stephen Van Reussalear and wife to the United States, dated September 4, 1813, conveying 261.3 acres by metes and bounds as conveyed by above deed of Release, excepting 8 acres with improve- ments, and also excepting all mines, minerals, water rights, privileges, etc. Deed recorded in the Secretary's Office for the State of New York in Liber M. R. R., page 383, etc. GREAT AND LITTLE GKJLL ISLANDS. This reservation contains about 19 acres, and includes both Islands. They are situated in Long Island Sound, about 3 miles east northeast from Plum Island, in Suffolk County. Little Gull Island lies about half a mile east northeasterly from Great Gull Island. The title is as follows: Deed from Benjamin Jerome to the United States, dated January 26, 1803, conveying said Islands u the same being intended for the erection of a Light-House and its accommodations." Deed recorded in Liber , page 410, of the deed records of Suffolk County, February 22, 1803. Transferred by the Treasury Department to the War Department Sep- tember 18, 1896, for purposes 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 hereinafter mentioned for the purpose of erecting a Light-House on one of them; and u 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 Sen- ate and Assembly, That tiie jurisdiction in and over all those two cer tain 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 MILITARY RESERVATIONS, ETC. 139 United States of America: Provided, nevertheless, That such jurisdic- tion, 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 Crim- inal, under the authority of this State, except so far forth as such proc- ess may aftect any of the real or personal property of the United States within the said Islands." FORT HAMILTON. This reservation contains an area of 166.887 acres and is situated on the southwest shore of Long Island 5.J miles south of New York City, commanding the "Narrows." The title is as follows: 1. Deed from The Mayor, Aldermen, and Commonality of the City ot New York to the United States, dated May 30, 1814, conveying 60 acres 1 Rood and 6 perches of land in New Utrecht. Deed recorded in the Clerk's Office of Kings County, in Liber 11, page 171. 2. Deed from Julia Delaplaine to the United States, dated Septem- ber 0, 1862, conveying 21 Acres 2 Roods and 25.780 perches of land in New Utrecht. Deed recorded in the Register's Office of Kings County, in Liber 585, page 157. Purchase made by authority of Act of Con- gress approved February 20, 1862. Confirmed by Act of June 23, 1874. 3. Deed from George S. Gelston and wife to the United States, dated March 24, 1852, conveying, by way of exchange, 11 Acres 3 Roods and 25 perches of land. Deed recorded in the Clerk's Office for Kings County, in Liber 275, page 267. Exchange made by authority of Act of Congress approved February 14, 1851. 4. Deed from the Town of New Utrecht to the United States, dated February 1, 1892, conveying all right, title, and interest in and to the Shore Road, Old County Road, Seventh Avenue, etc. Deed recorded in Register's Office for Kings County, Liber 2101, page 1. 5. Deed from The Dyker Meadow Land and Improvement Company to the United States, dated February 10, 1892, conveying 56.537 acres. Deed recorded in the Register's Office of Kings County, in Liber 2099, page 4. 6. 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 Company and others in the District Court of the United States for the Eastern Dis- trict 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. 7. Deed of Release from Manhattan Company of New York City to the United States, dated February 4, 1892, embracing 65.522 acres. Deed recorded in Liber 2099, page 13, of the deed records of the Regis- ter's Office for Kings County. 8 Deed of Release from J. Lott Nostrand to the United States, dated February 2, 1892, embracing 65.522 acres. Deed recorded in Liber 2099, page 10, of the deed records in the Register's Office for Kings County. 9. Deed of Release from Marie K. Flaherty to the United States, dated February 10, 1892, embracing 65.522 acres. Deed recorded in Liber 2099, page 6, of the deed records in the Register's Office for Kings County. 10. Release from Christian B. Morrison to the United States, Feb ruary 18, 1863. Records of War Department. Accepted by the Secre- tary of War. Jurisdiction over the lands comprising this reservation 140 MILITARY RESERVATIONS, ETC. was ceded to the United States, as said lands were acquired from time time to time as follows: (1) By an Act of the State Legislature passed March 20, 1807. (See Bedloe's Island.) (2) By an Act of the State Legislature passed March 18, 1808. (See Bedloe's Island.) Pursuant to the authority vested in them by the Acts of March 20, 1807, and March 18, 1808, the commissioners therein provided for exe- cuted this deed conveying the title to and jurisdiction over said lands. Deed dated November 0, 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 the State Legislature passed November 27, 1824, as follows: " Whereas 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 cer- tain 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 laud 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 : Beginning * * * containing sixteen acres and one-half acre of land; be, and the same is hereby ceded to the United States of America, for the purpose of erect- ing 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 execution 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 16J acres. Passed November 27, 1824.) (4) By an Act of the State Legislature passed April 17, 1826, which provides as follows : " 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 laud 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 cer- tain tract or parcel of land, included within the following boundaries not heietofore, by the said act hereby amended, vested in the said United States, beginning * * * containing seventeen acres, four- teen perches and one hundred and five yards of 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 juris- diction so ceded as aforesaid, shall not extend or be construed to extend so MS to impede or prevent tho execution of any process of law, civil or criminal, under the authority of this State, except so far forth as such MILITARY RESERVATIONS, ETC. 141 process may affect any of the real or personal 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 for- ever hereafter exonerated and discharged 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 seven- teen acres, fourteen perches, and one hundred and five yards of laud, 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, which 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 maintenance of fortifications and their appurtenances, and over all the contiguous shores, flats, and waters within four hundred yards from 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 boundaries of the land selected, with such. approval endorsed thereon, and a map thereof tiled in the office of the Secretary of State, and by him recorded ; provided alicays, 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 executed 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, approved, and owned as aforesaid, and a survey thereof filed and recorded as above provided. " For the purpose of building and maintaining thereon batteries, forts, magazines, wharves and other necessary structures, with their append- ages adjacent to Fort Ilamilton, 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.) " 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, 186.1.) (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 l 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 7 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 142 MILITARY RESERVATIONS, ETC. Hamilton, Kings County, Long Island, and adjacent to Fort Tompkins, in the town of Southiield, County of Richmond, Stateu 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 here- inafter 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.) 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 Bedloe's Island. 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 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. By *an Act of the State Legislature passed March 27, 1893, which provides as follows : AN ACT to authorize the acquisition by the United States of two separate tracts of land, in the County of Kings, State of New York, one situated near Fort Hamilton, Gravesend bay, New York, and the other upon Plumb Island, neareastern border of Sheepshead -Bay, New York, to be used for the pur- pose of erecting and maintaining thereon fortifications for the defense of the southern entrance to New York Harbor. " 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 pro- ceedings 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 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 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 MILITARY RESERVATIONS, ETC. 143 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 laud 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, misde- meanors, or criminal oilenses committed within the state, may be exe cuted thereon, 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. 3. So long as such laud 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 the title to any such Jand or lands, or any part thereof, by purchase, they may acquire such title by con- demnation by legal proceedings duly instituted for the purchase either in the state or the federal courts." (Passed March 27, 1893.) 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 Brook- lyn, 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 Bedloe's Island. 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 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. (This deed embraces 30 acres 2 Roods an. Deed from William Stokes to the United States, dated April 7, 1893, conveying right of way for water main. Deed recorded in Liber 271, page 539, of the deed records of Jefferson County. 27. Deed from Ellen Fralick and husband to the United States, dated April 14, 1893, conveying right of way for water main. Deed recorded in Liber 271, page 555, of the deed records of Jefferson County. 28. Deed from Abel H. Bowe and wile to the United States, dated April 15, 1893, conveying right of way for water main. Deed recorded in Liber 272, page 135, of the deed records of Jefferson County. 29. Deed from John Parker and wife to the United States, dated April 17, 1893, conveying right of way for water main. Deed recorded in Liber 272, page 137, of the deed records of Jefferson County. 30. Deed from Mary A. Mason to the United States, dated April 17, 1893, conveying right of way for water main. De-d lecorded in Liber 271, page 136, of the deed records of Jefferson County. 31. Deed from Charles W. Sloat et al. to the United States, dated April 19, 1893, conveying right of way for water main. Deed recorded in Liber 271, page 553, of the deed records of Jefferson County. 32. Deed from Walter B. Camp, Sur. Executor, etc., to the United States, dated April 27, 1893, conveying right of way for water main. Deed recorded in Liber 271, page 554, of the deed records of Jefferson County. 33. Deed from Fredrick R. Farwell et al. to the United States, dated May 6, 1893, conveying right of way for water main. Deed recorded in Liber 271, page 538, of the deed records of Jefferson County. 205 10 146 MILITARY RESERVATIONS, ETC. Jurisdiction was ceded to the United States by Acts of the State Legislature passed March 7, 1840, and May 12, 1892, 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 such lots of ground and tracts of land in or near the City of Buffalo, at or near the mouth of (lenessee River, and at or near Sacketts Harbor, and also to the purchase 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 exer- cise 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 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 author- ity 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 manner as if such con- sent 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 acquired by the United States by purchase or by proceedings under the last section shall be and continue forever thereafter exonerated and dis- charged 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 tracts of land or island or islands respec- tively so long as the same shall remain the property of the United States and no longer." (Passed March 7, 1846). " 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, maga- zines, 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 jurisdiction over the same shall vest in the said United States, but the jurisdiction 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. MILITARY RESERVATIONS, ETC. 147 "SEC. 2. The jurisdiction hereby granted shall cease whenever the said United States shall cease to occupy the said lands for the purposes 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.) To enable the United States to acquire the right of water supply for Madison Barracks and to cede the jurisdiction over such franchise 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 vil- lage of Sackettfs 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 supply 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 ceded 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 highway and keep the said pipes in repair, upon the same condition, and hereby concedes jurisdic- tion 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 tbe 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 according to the condemnation laws of this state." MADISON BARRACKS (STONY POINT TARGET RANGE). This reservation contains an area of 805.91 acres, with a water lot of one-fourth of an acre, and was acquired under authority of an act of Congress approved August 6, 1894. It is situated at Stony Point, abou. 16 miles from Sackettfs Harbor. Located for the use of Madison Barracks. The title is as follows : 1. Deed from Emily D. Wood to the United States, dated May 20, 1895, conveying 78 acres of land. Deed recorded in Liber 279, page 352, of the deed records of Jefferson County. 2. Deed from Peter Worthingham and wife to the United States, dated May 21, 1895, conveying 87.90 acres. Deed recorded in Liber 279, page 355, of the deed records of Jefferson County. 3. Deed from Birdsall Boyce and wife et al. to the United States, dated May 21, 1895, conveying 13.80 acres. Deed recorded in Liber 279, page 357, of the deed records of Jefferson County. 4. Deed from George H. Warner and wife to the United States, dated May 21, 1895, conveying 169 acres. Deed recorded in Liber 279, page 354, of the deed records of Jefferson County. 5. Deed from Halsey L. Irwin and wife to the United States, dated May 21, 1895, conveying 44. 11 acres. Deed recorded in Liber 280, page 73, of the deed records of Jefferson County. 6. Deed from Asa W. Carter and wife to the United States, dated May 21, 1895, conveying 5 acres. Deed recorded in Liber 279, page 358, of the deed records of Jefferson County, 148 MILITARY RESERVATIONS, ETC. 7. Deed from Lovilow Jackson to the United States, dated May 21, 1895, conveying 11.25 acres. Deed recorded in Liber 280, page 72, of the deed records of Jefferson County. 8. Deed from Payson F. Thompson and wife to the United States, dated May 22, 1895, conveying acres. Derd recorded in Liber 279, page 359, of the deed records of Jefferson County. 9. Deed from Ezra J. Clark and wife to the United States, dated May 20, 1895, conveying G acres. Deed recorded in Liber 280, page 77, of the deed records of Jefferson County. 10. Deed from Heirs of Horace Clark to the United States, dated May 20, 1895, conveying acres. Deed recorded in Liber 280, page 75, of the deed records of Jefferson County. 11. Deed from Heirs of Greene Clark to the United States, dated May 20, 1895, conveying acres. Deed recorded in Liber 280, pago 70, of the deed records of Jefferson County. 12. Deed from Hulburt Ingraham and wife to the United States, dated May 23, 1895, conveying 3 acres. Deed recorded in Liber 279, page 353, of the deed records of Jefferson County. 13. Deed from Payson F. Thompson and wife to the United States, dated May 22, 1895, conveying 138.50 acres. Deed recorded in Liber 280, page 71, of the deed records of Jefferson County. 14. Deed from F. A. Kilby and wife et al. to the United States, dated May 21, 1895, conveying 90.00 acres. Deed recorded in Liber 279. page 360, of the deed records of Jefferson County. 15. Deed from Heirs of Nathan Foreman to the United States, dated May 22, 1895, conveying 4.50 acres. Deed recorded in Liber 280, page 74, of the deed records of Jefferson County. 10. Deed from James L. McCumber and wife to the United States, dated May 21, 1895, conveying 154.25 acres. Deed recorded in Liber 280, page 71, of the records of Jefferson County. For jurisdiction see Section 3 of Act of the State Legislature passed April 17, 1896, for which see Plumb Island, Suffolk County. FORT MONTGOMERY. This reservation contains about 000 acres of land and is situated north of and adjoiningthe 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, to the United States, dated October 17, 1817, conveying Lots 61, 62, 0:>, 64, 65, and 66 of the "liefugee tract," aggregating 480 acres. Deed recorded in Liber F, page 9, etc., of the deed records of Clinton County. 2. Deed from John Warford and wife to the United States, dated November 18, 1817, conveying 9 acres 3 roods and 5 poles of land. Deed recorded in Liber F, page 13, etc., of the deed records of Cliu- ton County. 3. Patent from the State of New York to the United States, dated May 15, 1818, conveying an Island in Lake Chainplain near House's Point; also land under water opposite Lots 61 to 66, inclusive. Deed recorded in Liber F, page 112, etc., of the deed records of Clinton County. 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 administeiing the government of this State, the lieutenant governor, the Chancellor, the chief justice MILITARY RESERVATIONS, ETC. 149 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 western frontiers of this State to require, and in such manner and form 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 purchased by the govern- ment of the United States, for the erection of forts, magazines, arse- nals, 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 necessary for the purposes aforesaid, shall be subject to the jurisdiction of the United States, and thereupon the jurisdiction of the said lands shqll be vested in the United States: Provided, however, That such cession or cessions shall not exceed five hundred acres, in anyone of the said counties: And proridcd further, That such cession or cessions shall not in any case extend, or be deemed or construed to prevent the execution of any process, civil or criminal, under the authority of this State. U II. And be it further enacted, That the powers vested in the Com- missioners constituted by the act, entitled 'An act to cede the jurisdic- tion of certain lauds in this State, to the United States, 7 passed March 20, 1807, be, and they are hereby extended to lands in the county of Westchester, and to lands covered with water within 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 declarations of the consent of the legislature of this State shall, in all cases, explic- itly 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 qualifications as the said Commissioners respectively may deem expedient." (Passed March 31, 1815.) " 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 : Pro- vided ahcayxj That the tract of land so granted shall not exceed five acres: And provided further, That such cession shall not impede or pre- vent 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 pur- oses intended by this act, and not otherwise. 150 MILITARY RESERVATIONS, ETC. "VIII. And be it further enacted. 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 the small island near House's point, on lakeChainplain, 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 contained in the first and second sections of this act." (Passed April 21, 1818.) Subsequent to the passage of the act of the State Legislature of April 21, 1818, the Commissioners appointed by the act ot 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. 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 to the United States, dated July 8, 1841, conveying above site and ceding jurisdiction in accordance with the Act of April 21, 1840. Patent recorded in Book of Patents, No. 25, page G30, in the Office of the Secretary of State for the State of New York. " 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 the lands belonging to this state situate in the south village of Black Kock, 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 accommodation of that post. "SEC. 2. The jurisdiction over such lauds 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 mentioned 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 MILITARY RESERVATIONS, ETC. 151 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, tiien said lands shall revert to the people of this state." (Passed April 21, 1840.) (See Appendix, page 285.) NORTH BATTERY. This property contains an area of about 95,000 square feet, and is a water lot, situated in the Hudson River, in the Fifth Ward of the City of New York. The title is as follows: Deed from the Mayor, Aldermen, and Commonalty of the City of New York to the United States, dated November 16, 1807, conveying the above premises. Deed recorded in the Clerk's Office for the City and County of New York, in Liber No. 79, page 86. FORT ONTARIO. This reservation contains an area of about 76 acres, and 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 to the United States, dated August 15, 1839, conveying title to and jurisdic- tion over the lands embraced in said reservation by virtue of the authority given by an Act of the State Legislature passed April 25, 1839, which, provides as follows: " SECTION 1. The commissioners of the land office are hereby author- ized 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 Oswego 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 purpose of reestablish- ing the military post, of rebuilding the fort, redoubts, and barracks, and of improving the parade ground. "SEC. 2. The jurisdiction over such land as maybe 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 land shall have been conveyed; 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 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. U SEC. 4. Whenever the United States shall cease to occupy the aforesaid mentioned land for the purposes mentioned in the first section of this act, then said land shall revert to the people of this state." (Passed April 25, 1839.) 152 MILITARY RESERVATIONS, ETC. PLATTSBURO BARRACKS. This reservation contains an area of 679.35 acres, and is situated on the west shore of Lake Champlain, at the town of Plattsburg, in Clinton County. The original reservation, comprising about 210 acres, was purchased about December 30, 1814, which was diminished by various grants to about 173 acres. Additional lands (500.35 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 to the United States, dated December 30, 1814, conveying 200 acres of land. Deed recorded in Liber M. K. 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 to the United States, dated August 24, 1 891, conveying 40 acres of land. Deed recorded in Vol. 88, page 420, of the deed records of Clinton County. 3. Deed from Patrick Flannigan and wife to the United States, dated August 27, 1891, conveying 8.66 acres of land. Deed recorded in Vol. 88, page 423, of the deed records of Clinton County. 4. Deed from Hugh Flannigan and wife to the United States, dated August 27, 1891, conveying 61 acres of land. Deed recorded in Vol. 88, page 424, of the deed records of Clinton County. 5. Deed from Oliver Sharron and wife to the United States, dated August 27, 1891, conveying 40.57 acres of land. Deed recorded in Vol. 88, page 425, of the deed records of Clinton County. 6. Deed from John Eice et al. to the United States, dated August 28, 1891, conveying 10.32 acres of land. Deed recorded in Vol. 88, page 945, etc., of the deed records of Clinton Oouuty. 7. Deed from Leonard J. Howard et al. to the United States, dated September 2, 1891, conveying the undivided five-sixths of 66.70 acres of land. Deed recorded in Vol. 88, page 953, etc., of the deed records of Clinton County. 8. Deed from David F. Dobie, Guardian, etc., to the United States, dated September 21, 1891, conveying the undivided one-sixth of 66.70 acres of land. Deed recorded in Vol. 88, page 955, etc., of the deed records of Clinton County. 9. Deed from William W. Hartwell and wife to the United States, dated September 25, 1891, conveying 4.52 acres of land. Deed recorded in Vol. 88, page 426, of the deed records of Clinton County. 10. Deed from William W. Hartwell and wife to the United States, dated October 1, 1891, conveying 138.10 acres of land. Deed recorded in Vol. 88, page 428, of the deed records of Clinton County. 11. Deed from Charles Thomas and wife to the United States, dated October 1 , 1891, conveying 8.55 acres of land. Deed recorded in Vol. 88, page 422, of the deed records of Clinton County. 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. Decree ren- dered October 12, 1891, and tiled with the record in said cause in the Clerk's Office of said Court. 13. Deed from John Dallaghan and wife to the United States, dated October 20, 1891, conveying 14.00 acres of land. Deed recorded in Vol. 88, page 947, of the deed records of Clinton County. MILITARY RESERVATIONS, ETC. 153 14. Deed from Eliza A. Carter and husband to the United States, dated November 28, 1891, conveying 32 acres of land. Deed recorded in Vol. 88, page 421, of the deed records of Clinton County. 15. Decree of Condemnation for 1.34 acres of land in the case of the United States r. Margaret Palmer et al., in the United States District Court for the Northern District of New York. Decree rendered Feb- ruary 9, 1892, and tiled with the record in said cause in the Clerk's Office of said District Court. 16. Deed from Martha E. Bromley to the United States, dated Sep- tember 30, 1891, conveying 79.21 acres of land. Deed recorded in Vol. 88, page 427, of the deed records of Clinton County. 17. Deed from Martha E. Bromley to the United States, dated April 7, 1892, conveying 79.21 acres of hind (to correct error in deed of Sep- tember 30, 1891). Deed recorded in Vol. 89, page 601, of the deed records of Clinton County. Jurisdiction over the addition to the reservation was ceded to the Unjted 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 purposes for use as a parade ground, or for any military purposes connected 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 mentioned. "SEC. 2. The jurisdiction of the State of New York in and over the said land or lands mentioned in the foregoing section, when acquired 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 lauds. "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 lauds, so far as that all civil process in all cases, and such crim- inal 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 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 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." 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 154 MILITARY RESERVATIONS, ETC. 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 II. Engeinan. Trustee, etc., et al., in the United States District Court for the Eastern District of New York. Decree rendered July 7, 1891, and filec 3 with the record in the Clerk's Office of said District Court. 2. Deed from George H. Engeinan, Trustee, etc., et al., to the United States, dated September 17, 1891, conveying the above lands by metes and bounds. Deed recorded in Liber 2008, page 245, of 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 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 011 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 lauds 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 lauds by purchase or by condemnation in confoi inity 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 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, mis- demeanors, or criminal offenses committed 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 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 laud or lands, or MILITARY RESERVATIONS, ETC. 155 any part thereof, by purchase, they may acquire such title by condem- nation by legal proceedings duly instituted for the purchase either in the State or the federal courts." PLUMB ISLAND (SUFFOLK COUNTY). This reservation contains an area of 150 acres of land, and is situated in Suffolk County, on Plumb Island, bounded north and west by Long Island Sound, and on the south by Gardiner's Bay, and a reservation belonging to the United States. The title is as follows: Deed from Abram S. Hewitt and wife to the United States, dated February 24, 1897, conveying 150 acres of land. Deed recorded in Liber 456, page 81, of the deed records of Suffolk County. Jurisdiction was ceded to the United States under au act of the State Legislature passed April 17, 1890, which provides as follows: u SECTION 1. The consent of the State of New York is hereby given to the purchase by the government of the United States, and 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 bounda- ries of this State, situated upon or adjacent to the navigable waters thereof, for the purpose of erecting thereon light-houses, beacons, light- house keepers' dwellings, works for improving navigation, post offices, custom-houses, fortifications, and all deeds, conveyances 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. " SEC. 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, or nonresidents, or if for any other reason a perfect title can not be made to said lands, or any part thereof, 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, 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. " SEC. 3. Whenever the United States, by any agent authorized under the hand and seal of any head of an executive department of the gov- ernment 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, certified copies of the record or 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 it proper, to execute 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 jurisdiction of said tracts or parcels of land as hereinafter provided. "SEC. 4. The said jurisdiction so ceded shall be upon the exuress 156 MILITARY RESERVATIONS, ETC. condition that the State of New York shall retain a concurrent juris- diction with the United States on and over the property as 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 exe- cuted 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. "SEC. 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 taxa tion 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. "SEC. 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 Sec- retary 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. "SEC. 7. The Secretary of State shall cause to be printed in the ses- sion laws of the year succeeding the filing 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 recording of said deed in the office of the said Secretary of State. "SEC. 8. This act shall not apply to the County of Orange." In accordance with the provisions of the foregoing recited act of the Legislature, the Governor of the State of New York did, by deed dated September 14, 1897, cede, grant and release to the United States the jurisdiction of the State of New York on and over the tract of land on Plumb Island described in the foregoing, subject to the terms and con- ditions of said act. The duplicate of the deed was filed and recorded in the Office of the Secretary of State of the State of New York September 14, 1897. FORT PORTER. This reservation contains an area of 28.50 acres of land, and is situ- ated on the Niagara liiver, within the limits of the City of Buffalo, in Erie County. The title is as follows: 1. Deed from Matthias Bruen to the United States, dated August 3, 1842, conveying the North third part of Block 167, in the village of Black Kock. Deed recorded in Liber 68, page 67, etc., of the deed records of Erie County. 2. Deed from Samuel K. Kip, Master in Chancery, to the United States, dated May 21, 1842, conveying the southerly and middle third parts of Block 167, in the village of Black Kock. Deed recorded in Liber 61, page 379, of thr deed records of Erie County. 3. Deed of release from Kmily B. McKay to the United States, dated August 1, 1842, conveying right of dower, etc., in Lot 167, above con- veyed. Deed recorded in Liber 68, page 58, of the deed records of Erie County. 4. Quit-Claim deed from Ebenezer Walden and wife to the United States, dated August 1, 1842, conveying all interest in above Lot KIT, etc. Deed recorded in Liber 68, page 38, of the deed records of Erie County. MILITARY RESERVATIONS, ETC. 157 5. Deed from Christian Miller and wife et al. to the United States, dated April 1.5, 1842, conveying Block No. 108, in the village of Black Rock. Deed recorded in Liber 08, page 38, of the deed records of Erie County. 0. Decree of condemnation for Block 180, 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. Decree 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 the lands acquired by deed and jurisdiction over all was ceded to the United States by Acts of the State Legislature passed April 21, 1840; February 28, 1842; April 12, 1842, and February . Deed from George Edwards and wife et al. to the United States, dated April 8, 1837, conveying right of way from West Chester to White Stone Ferry. Deed recorded in Liber 72, page 461, etc., of the deed records of Westchester County. 6. Deed from Thomas H. Newbold to the United States, dated April 10, 1837, conveying right of way from West Chester to White Stone Ferry. Deed recorded in Liber 72, page 467, etc., of the deed records of Westchester County. 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. Jurisdiction over water-covered land was ceded by an Act of the State Legislature, passed May 7, 1880, for which see Bedloe's Island. 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 Section 3, Act of the State Legislature, passed April 17, 1896, as set out with Plum Island, Suffolk County, reservation data. FORT WADSWORTH. This reservation contains an area of about 200 acres, and is situated on Staten Island, in Kichmond 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 wife to the United States, dated July 8, 1854, conveying 5.2 acres of land. Deed recorded in Liber 34, page 628, etc., of the deed records of Richmond County. 3. Deed from William H. Aspinwall and wife to the United States, dated May 8, 1856, conveying a tract of land by metes and bounds. Deed recorded in Liber 40, page 404, etc., of the deed records of Rich- mond County. 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 District Court for the Eastern District of New York. Decree 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 to the United States, dated January 5, 1893, conveying same premises. Deed 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. Decree rendered Novem- ber 25, 1892, and filed with the record in the office of the Clerk of said District Court. 205 11 162 MILITARY RESERVATIONS, ETC. 7. Deed from J. H. Alexandre and wife to the United States, dated January 5, 1893, conveying same premises. Deed recorded in Liber 223, page 435, of the deed records of Eichmond 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 for the Eastern District of New York. Decree rendered November 25, 1892, and tiled with the record in the office of the Clerk of said District Court. 9. Deed from Ellen Lee Mayo to the United States, dated January 5, 1893, conveying same premises. Deed recorded in Liber 225, page 381, of the deed records of Richmond County. 10. Decree of Condemnation for 50 acres of land, exclusive of certain 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 with the record in the office of the Clerk of said District Court. 11. Deed from Serena P. Appleton to the United States, dated Jan- uary 5, 1893, conveying 50 acres of land, exclusive of certain streets. Deed recorded in Liber 223, page 431, of the deed records of Eichmond County. 12. Deed from Josefa de la Serna de Hegewisch and husband to the United States, dated March 14, 1892, conveying certain lands, etc., by metes and bounds. Deed recorded in Liber 216, page 534, of the deed records of Richmond County. 13. Deed from Adolfo Hegewisch and wife to the United States, dated March 14, 1892, conveying certain lands, etc., by metes and bounds. Deed recorded in Liber 216, page 538, of the deed records of Richmond County. . 14. Deed from Sarah Schuyler Martin to the United States, dated February 1, 1895, conveying 6.25 acres of land. Deed recorded in Liber 240, page 374, of the deed records of Eichmond County. 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 author- ized to sell to the United States of America, upon such terms as they may think proper, so much of the land upon Staten island belonging to the state of New York, heretofore used for military purposes, as may be required by the government of the United States to construct and maintain proper defences for the protection of the harbor of New York. "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 laud 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.) For deed, in pursuance of said Act, see No. 1 herein ("Letters Patent from the State of New York, etc.," February 15, 1847). Jurisdiction was also ceded by acts of the State Legislature, passed April 15, LS57; 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 tbe state of New York is hereby given to the purchase by the United States of all and each and every tract of MILITARY RESERVATIONS, ETC. 1G3 land on the island of Long island, in the county of Queens, in a direc- tion opposite Fort Sclmyler, East river, that may be acquired by the United States, and that shall be necessary (under the appropriation by congress of March third, eighteen hundred and fifty-seven, for the com- mencement of a fort opposite Fort Schuyler, New York) for the purpose of building and maintaining thereon forts, magazines, dock 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 tlie 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 tc 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. " 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 Stateu 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 sections 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 had not been given, or jurisdiction ceded, except so far as such process may aflect 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.) 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, 1801) is hereby amended so as to read as follows: For the purpose of building and maintaining thereon batteries, forts, magazines, wharfs, and other necessary stru^ct- ures, with their appendages, adjacent to Fort Hamilton, Kings County, 164 MILITARY RESERVATIONS, ETC. Long Island, and adjacent to Fort Toinpkins, 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 condemna- tion proceedings. For jurisdiction over water-covered lands, see Act of the State Leg- islature passed May 7, 1880, as set out under caption of " Bedloe's Island.' 7 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. 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. 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 Southfield, in the County of Rich- mond, 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 aggre- gate about eighty-two acres, and about four and eight hundred and fifty-five one- thousandths acres of land and land under water, lying in front of that portion thereof that borders on the shore of New York bay, and 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 lauds thus acquired, shall have been filed in the office of the Secretary of State of the State of New York; such juris- diction 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 jurisdic- tion with the United States in and over such lauds, 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 pro- cesses 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.) MILITARY RESERVATIONS, ETC. 165 "SECTION 1. The consent of the State of New York is hereby given to the purchase by the United States for fortification purposes from Mrs. Sarah Schuyler Martin of two parcels of land, containing in the aggregate about six and one-half acres, situate, lying and being adja- cent to each other, near to and southwest from the military post of Fort Wadsworth, on Staten Island, in the town of Southfield, County of Richmond, and State of New York, as the same is described in the deed conveying said lands to the United States, recorded in Richmond County Clerk's Office*, in Liber two hundred and forty of deeds, page three hundred and seventy-four. And it is hereby provided that the United States may exercise jurisdiction and control over said lands and every part thereof subject to the restrictions hereinafter mentioned." U 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 juris- diction 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 process 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 February 14, 1896.) WATEBVLIET ARSENAL. This reservation contains an area of about 106 acres, and is situated at West Troy, in Albany County. The title is as follows : 1. Deed from James Gibbons and wife to the United States, dated July 14, 1813, conveying 12 acres 3 roods and 28 perches of land with reservations. Deed 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, releasing certain lands to the United States, dated July 29, 1826. Deed recorded in Book F F, No. 2, page 44, etc., of the deed records in the Clerk's office of the City and County of Albany. 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. 3. Deed from Esther Gibbons, sole executrix, etc., to the United States, dated April 28, 1828, conveying 30 acres of laud. Deed recorded in Book F F, No. 2, page 139, of the deed records in the Clerk's office of the City and County of Albany. 4. Deed from Peter S. Henry, Master in Chancery, to the United States, dated June 17, 1833, conveying 44.99 acres of land. Deed recorded in Book S S, page 447, etc., of the deed records in the Clerk's office of the City and County of Albany. 5. Deed from Augustus Viele and wife to the United States, dated March 18, 1859, conveying a tract therein described. Deed recorded in Book 157, page 336, etc., of the deed records in the Clerk's office of the City and County of Albany. 166 MILITARY RESERVATIONS, ETC. 6. Deed from Abert G. Sage and wife to the United States, dated April 7, 1859, conveying a tract therein described. Deed recorded in Book 157, page 116, etc., of the deed records in the Clerk's office of the City and County of Albany. 7. Quit-Claim Deed from John B. Chottar and wife to the United States, dated May 27, 1859, conveying two tracts of laud therein described; also Lot No. 69 in West Troy. Deed recorded in Book 156, page 506, etc., of the deed records in the Clerk's office of the City and County of Albany. 8. Deed from Joseph Hackett and wife to the United States, dated May 7, 1861, conveying part of Lot No. 68. Deed recorded in Book 172, page 15, etc., of the deed records in the Clerk's office of the City and County of Albany. 9. Deed from Archibald A. Dunlap and wife to the United States, dated May 7, 1861, conveying part of Lot No. 67. Deed recorded in Book No. 173, page 498, etc., of the deed records in the Clerk's Office of the City and County of Albany. 10. Deed from Stephen S. Wandell and wife to the United States, dated May 7, 1861, conveying part of Lot No. 68. Deed recorded in Book 172, page 18, etc,, of the deed records in the Clerk's office of the City and County of Albany. 11. Quit-Claim Deed from Esther E. Wandell and husband to the United States, dated May 7, 1861, conveying Lot No. 68. 12. Quit-Claim Deed from Archibald A. Dunlop and wife to the United States, dated February 24, 1862, conveying north half of Lot 67. 13. Deed from Albert G. Sage and wife to the United States, dated September 7, 1866, conveying a tract therein described. Deed recorded in Book 208, page 41, etc., of the deed records in the Clerk's office of the City and County of Albany. 14. Deed of Release from the Trustees of Union College to the United States, dated September 12, 1866, conveying interest in Lot 66. Deed recorded in Book 210, page 337, etc., of the deed records in the Clerk's office of the City nnd County of Albany. 15. Deed from William J. Snyder and wife to the United States, dated December 20, 1866, conveying Lot 63. Deed recorded in Book 210, page 342, etc., of the deed records in the Clerk's office of the City and County of Albany. 16. Deed from Martha Davis to the United States, dated December 22, 1866, conveying Lot 67 and an additional strip with reservation of ground rent. Deed recorded in Book 210, page 333, of the deed records in the Clerk's office of the City and County of Albany. 17. Quit-Claim Deed from Jane Hunter and husband et al. to the United States, dated December 24, 1866, conveying Lot 65. Deed recorded in Book 210, page 347, of the deed records in the Clerk's office of the City and County of Albany. 18. Quit-Claim Deed from Peter Thaliman and wife to the United States, dated January 1, 1867, conveying Lot 64. Deed recorded in Book 210, page 341, etc., of the deed records in the Clerk's office of the City and County of Albany. 19. Quit-Claim Deed from Laura O. Deming and husband to the United States, dated January 16, 1867, conveying Lot 66. Deed recorded in Book 210, page 334, etc., of the deed records in the Clerk's office of the City and County of Albany. 20. Deed of Release from Union College to the United States, dated February 1, 1867, conveying all interest in Lot 64. Deed recorded in Book 210, page 339, etc., of the deed records in the Clerk's office of the City and County of Albany. MILITARY RESERVATIONS, ETC. 167 21. Quit-Bent Deed from Archibald A. Dunlop and wife to the United States, dated August 24, 1867, releasing ground rent on Lot 67. Deed recorded in Book 210, page 343, of the deed records in the Clerk's office of the City and County of Albany. 22. Quit- Kent Deed from Alexander McAllister and wife to the United States, dated August 27, 1867, releasing ground rent on Lot 63. Deed recorded in Book 210, page 338, etc., of the deed records in the Clerk's office of the City and County of Albany. 23. Quit Rent Deed from Alexander McAllister and wife to the United States, dated August 27, 1867, releasing ground rent on Lot .65. Deed recorded in Book 210, page 346, etc., of the deed records in the Clerk's office of the City and County of Albany. 24. Deed from Elizabeth Hall and husband to the United States, dated August 16, 1869, conveying Lots 51 and 50. Deed recorded in Book 232, page 231, of the deed records in the Clerk's office of the City and County of Albany. 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, which 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.) " 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 main- taining thereon arsenals, magazines 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: Beginning at a stone set in the ground, marked c U. S. No. 2,' standing at the south side of the Shaker road, and run- ning 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 ' U. S. No. 6;' thence south twenty-two degrees west, 168 MILITARY RESERVATIONS, ETC. ten chains seventy-six links, to a stone in the ground marked ), 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 i 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 the 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 ? ); 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 concur- rent 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 with- out 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 com- pleted, 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 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 prescribed in the said article." (Passed March 30, 1S33.) " 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 MILITARY RESERVATIONS, ETC. 169 maintaining thereon arsenals, magazines and other necessary build- ings, 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 follows, 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 concurrent jurisdiction with the United States in and over the said tract 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 tract of land, may be executed thereon in the same way and man- ner 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 juris- diction so long as the said tract of land shall be used for the purposes expressed in the foregoing section, and no longer.' 7 (Passed April 14, 1859.) " 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: * * * u 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 not affect the real or personal property of the United States. This act takes effect when the United States has acquired, 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.) See Appendix, pages 297-300. WEST POINT. This reservation contains an area of 2,330 acres, is the seat of the United States Military Academy, and is situated in Orange County, on the west bank of the Hudson Kiver, 51 miles above New York City. The title is as follows: 1. Deed from Stephen Moore and wife to the United States, with cov- enant to acknowledge and levy a fine or fines to Henry Knox, Secretary 170 MILITARY RESERVATIONS, ETC. of War, etc., dated September 10, 1790, conveying two tracts of land part of Congreve and Moore Patents. Deed 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. 2. Quit-Claim Deed of same date from Henry Knox, Secretary of War, to the United States, same premises. Recorded in same Book and page. The boundaries of the above tracts were settled in 1812 under an act of Congress approved January 22, 1811. The report, proofs, and map recorded 'in the office of the Secretary of State of the State of New York in Book of Deeds No. 38, page 521, and accepted by act of Con- gress approved January 5, 1813. 3. Deed from Oliver Gridley and wife to the United States, dated May 13, 1824, conveying 310 acres of land. Deed recorded in Liber Y, page 58, etc., of the records of deeds in Orange County. Purchase authorized by act of Congress approved March 10, 1824. 4. Quit- Claim Deed from Timothy Mahoney and wife to the United States, dated April 17, 1839, releasing 28 acres. Deed recorded in Liber No. 64, page 343, of the records of deeds in Orange County. 5. Quit-Claim Deed from Livinia McClellan to the United States, dated February 14, 1838, releasing 300 acres. Deed recorded in Liber No. 61, page 184, etc., of the records of deeds in Orange County. (The two last- described deeds taken in settlement of long standing trespass.) 7. Judgment in Ejectment against Andrew J. Swim for 19 acres ren- dered in the United States District Court for the Southern District of New York. Writ of possession issued. See record of said court dated February 18, 1840, in the Clerk's Office of said Court in the City of New York. 8. Deed from Kinsley Twining and wife et al. to the United States, dated May 7, 1889, conveying 231 acres of land, inclusive of certain highways, embracing 6 acres. Deed recorded in Liber 369, page 323, of the records of deeds in Orange County. 9. Quit-Claim Deed from Elizabeth H. Kinsley to the United States, dated May 7, 1889, releasing dower in above. Deed recorded in Liber 369, page 355, of the records of deeds in Orange Oounty. 10. Deed from Sidney B. Diffenderfer, Guardian, etc., to the United States, dated July 1, 1889, conveying interest in land in deed described as No. 8, herein above. Deed recorded in Liber 369, page 352, of the records of deeds in Orange County. 11. Deed from Mary T. Gridley to the United States, dated May 7, 1889, conveying interest in land in deed described as No. 8, herein above. Deed recorded in Liber 369, page 333, of the records of deeds in Orange County. 12. Deed from Anna G. Walker and husband to the United States, dated May 7, 1889, conveying interest in land in deed described as No. 8, herein above. Deed recorded in Liber 369, page 348, of the records of deeds in Orange County. 13. Deed from Henry H. Gird and wife efc al. to the United States, dated May 7, 1889, conveying interest in land in deed described as No. 8 herein above. Deed recorded in Liber 369, page 339, of the records of deeds in Orange County. 14. Quit-Claim Deed from William H. Jaques to the United States, dated September 24, 1889, conveying interest in lands in deed described as No. 8 herein above. Deed recorded in Liber 369, page 336, of the records of deeds in Orange County. 15. Deed from Lyvertt B. Root et al. to the United States, dated MILITARY RESERVATIONS, ETC. 171 May 7, 1889, conveying interest in lands in deed described as No. 8 herein above. Deed recorded in Liber 369, page 344, of the records of deeds in Orange County. 16. Deed from Eliza A. Eeed and husband to the United States, dated June 14, 1889, conveying interest in land in deed described as No. 8 herein above. Deed recorded in Liber 369, page 361, of the records of deeds in Orange County. 17. Deed from Kinsley P. Diffenderfer and wife et al. to the United States, dated June 14, 1889, conveying interest in land in deed described as No. 8 herein above. Deed recorded in Liber 369, page 365, of the records of deeds in Orange County. 18. Deed from Julia Twining, Committee and Special Guardian, etc., to the United States, dated July 1, 1889, conveying interest in land in deed described as No. 8 herein above. Deed recorded in Liber 369, page 329, of the records of deeds in Orange County. (Same, " Eound Pond," and Eight of Way for Water Pipes, etc.) 19. Deed from Phebe E. Drew to Townsend Drew to enable him to convey to the United States, etc., right of way and to lay water pipes. Deed dated July 23, 1879, and recorded in Liber 294, page 59, of the records of deeds in Orange County. 20. Deed from Moses Gee and wife to the United States, dated July 24, 1879, conveying right of way and right to lay water pipe, etc. Deed recorded in Liber 294, page 63, of the records of deeds in Orange County. 21. Deed from Townsend Drew to the United States, dated July 24, 1879, conveying right of way, etc. Deed recorded in Liber 294, page 60, of the records of deeds in Orange County. 22. Deed from Cornelia A. Taylor to William Lewis to enable him to convey to the United States a right of way, etc. Deed recorded in Libe A 296, page 186, of the records of deeds in Orange County. 23. Deed from Ezra Drew and wife to the United States, dated August 5, 1879, conveying 49.72 acres of land, including part called " Eound Pond." Deed recorded in Liber 294, page 307, of the records of deeds in Orange County. 24. Deed from Ezra Drew and wife to the United States, dated August 5, 1879, conveying right of way for water pipes, etc. Deed recorded in Liber 294, page 310, of the records of deeds in Orange County. 25. Deed from Elijah C. Vought and wife to the United States, dated August 11, 1879, conveying, by way of release, interest in u Eound Pond." Deed recorded in Liber 294, page 332, of the records of deeds in Orange County. 26. Deed from Samuel Van Voorhis and wife to the United States, dated August 11, 1879, conveying right of way, etc. Deed recorded in Liber 294, page 33(>, of the records of deeds in Orange County. 27. Deed from William Lewis and wife to the United States, dated August 11, 1879, conveying right of way, etc. Deed recorded in Liber 294, page 334, of the records of deeds in Orange County. 28. Deed from Cornelius Nelson to the United States, dated October 27, 1881, conveying all mineral rights, also " Eound Pond." Deed recorded in Liber 308, page 296, of the records of deeds in Orange County. 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, and May 15, 1888, which acts provide as follows: u 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 172 MILITARY RESERVATIONS, ETC. 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 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 northeasterly 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 intersec- tion 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 northwardly 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 aft'ect the real or personal property of the United States, within the said above-described tract of land." (Passed March 2, 1826.) " SECTION 1. Consent is hereby given under paragraph sixteen of sec- tion eight, article one of the Constitution of the United States, to the respective purchases heretofore made by the United States, of the sev- eral tracts of land at West Point, in the county of Orange, now held and owned by the United Statos for the erection and maintenance 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. 7 ' (Passed May 15, 1875.) " 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, 1870.) "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 of liound 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 MILITARY RESERVATIONS, ETC. 173 lands which, or any of which, may be required for the purposes 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, 1871), as amended by Act of May 30, 1879.) "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 hereinafter 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 concur- rent jurisdiction with the United States in and over tho 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 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 juris- diction ceded, except so far as such process may affect the real or per- sonal property of the United States. U SEC. 4. So long as the said lauds 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. U 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 public to enjoy the public highways as heretofore used." (Passed June 14, 1880.) " SECTION 1. The United States is hereby authorized, through the Secretary of War, to agree with the owner or owners of any minerals, mineral right or right appertaining to such mineral right in said lands and premises, purchased by tho United States in manner aforesaid, to wit. said Round pond and hinds adjacent thereto, in tho town of High- lands, Orange County, New York, and with the owner of any such min erals, 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 aforesaid." (Sections 2 and 3 provide for condemnation of the property in case of disagreement as to purchase.) (Passed May 12, 1881.) " 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 174 MILITARY RESERVATIONS, ETC. of the estate of the late E. V. Kinsley lying to the south of and adjoin- ing 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 erec- tion and maintenance thereon of forts, magazines, arsenals, dockyards, military academy, hospitals, and other needful buildings; and the legis- lature hereby also cedes the jurisdiction over said land to the United States, reserving the right to serve civil and criminal process as now existing, except so far as such process may attect 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.) See Appendix, page 293. WILLETS POINT. This reservation contains an area of 136.35 acres of land, and is situ- ated on the East River, in Queens County, 2 miles from Whitestoue and 17 miles from New York City. The title is as follows : 1. Deed from George Irving and wife to the United States, dated May 16, 1857, conveying 110 acres of land. Deed 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 to the United States, dated April 14, 1863, conveying 26.35 acres, riparian rights, and right of way. Deed recorded in Liber 204, page 208, etc., of the records of deeds in Queens County Clerk's Office. Jurisdiction was ceded to the United States by acts of the State Leg- islature passed April 15, 1857, and April 17, 1875, which acts provide as follows : For act of State Legislature, passed April 15, 1857, see Fort Wads- worth. "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 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 acquired 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, dock- yards, wharves, 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-watermark (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, MILITARY RESERVATIONS, ETC. 175 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 afore said is hereby granted to the United States, subject to the restrictions hereinafter mentioned.'" (Act of April 17, 1875.) 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 Chemuug 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 follows : Deed from John G. Blount and John Wallace to the United States, dated September 9, 1799, conveying said island as lying in Carteret County. Deed recorded in Book O, page 29, of the deed records of said County. Jurisdiction was ceded to the United States by acts of the State Leg- islature, 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 harbours 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 Hatteras; 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 Sinithville, for a fort on Cape Fear river, including 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 hereinafter mentioned. "2. And be it further enacted. That the exclusive jurisdiction of Bea- con 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 lauds 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 176 MILITARY RESERVATIONS, ETC. 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.) AN ACT providing the means by which the United States may obtain sites for light-houses and forti- fications within this State, and for ceding the jurisdiction thereof to the United. States: (Section 1 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 men- tioned, 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 contrary notwithstanding: Provided Always, and upon express condition 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 erect- ing 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 exclu- sive 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 proc- ess 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 Oak Island, and contains an area of 2,325 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 to the United States, 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 thereof as shall be purchased by the United States for the pur- pose 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 afore- said. "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 fortifi- cations for which said land is ceded, shall be erected within ten years, and be continued and kept up forever thereafter for the public use. MILITARY RESERVATIONS, ETC. 177 "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." (Ratified December 26, 1825.) FORT JOHNSTON. This reservation comprises 43,560 square feet of land, and is situated iii the town of Smithville, in Brunswick County. The title is as follows : Deed from Benjamin Smith to the United States, dated January 1, 1800, conveying Lots 15 and 16. Deed recorded in Book D, page 253, etc., of the deed records of Brunswick County. Jurisdiction was ceded to the United States by acts of the State Legislature ratified July 18, 1794; December 8, 1804; December 18, 1807, and December 21, 1809, which acts provide as follows: (For act of July 18, 1794, see Beacon Island.) "Whereas the times limited by the acts of one thousand seven hun- dred and ninety-four, and one thousand seven hundred and ninety-eight, for erecting fortifications on the lands thereby ceded, are expired ; and the' general government is proceeding without delay, to finish a fort on Cape Fear river, upon the public ground laid off agreeably to law, by the commissioners of Sinithville. "1. Be it enacted, etc., That the ground so laid off by the said com- missioners, shall continue to be, and the same is hereby ceded to the United States of America, with the exclusive jurisdiction, except as is hereinafter excepted, of what is occupied by the fort and works, upon condition that the fort now building shall be completed on or before the first day of January, one thousand eight hundred and six. "2. Be it further enacted, That in case of purchase from a citizen or citizens thereof by the national government, of any points, head-lands or islands, which may be deemed necessary for the defence of any river or harbour in the State, that the said points, head-lands, or islands, with the exclusive jurisdiction thereof, except as is hereinafter excepted, be, and the same is or are hereby ceded to the United States of America, on condition that fortifications be erected on such places, within three years from the time of the purchase, and be continued and kept up forever thereafter, for the public use and defence; and that the quan- tity of ground in each case shall not exceed five acres. "3. And be it further enacted, That no cession herein made shall be so construed as to prevent any officer of the State from serving process or levying executions agreeably to the laws thereof, within the limits ceded by, or in pursuance of this act, to the United States, in the same manner, and to the same effect, as if the same was never passed. "4. And be it further enacted, That all acts and clauses of acts com- ing within the meaning and purview of this act, or contrary thereto, shall be 7 and the same are hereby repealed and declared void." (Rati- fied December 8, 1804.) (For act of December 18, 1807, see Fort Macon.) " Whereas the time limited in the aforesaid acts for erecting fortifi- cations in Smithville has expired ; " 1. Be it enacted, etc., That the ground left out of the plan of Smith- ville by the commissioners, for the use of a fort and the erection of for- tifications, agreeably to the act establishing said town, be, and the 205- 12 178 MILITARY RESERVATIONS, ETC. same is hereby ceded to the United States of America with the exclu- sive jurisdiction thereof; Provided, that so much of the said ground as the commanding officer stationed by the United States at Smithville shall deem necessary to be kept free from intrusion, shall be enclosed within six months, and the fort and works deemed by the national gov- ernment necessary and proper, be completed within seven years, from the 31st of December, 1809, and from thence be afterwards kept in such repair and order for the public defence, as to answer the purpose for which it was ceded: And provided always, that on failure of the national government to keep the said fort and works in such order and repair for two years, the said ground shall revert to this state. "2. And be it further enacted, That nothing herein contained shall be construed so as to prevent any officer of this state from serving process or levying executions and carrying them into full effect, agreeably to the laws of this State, within the limits hereby ceded, in the same manner as though this cession had never been made." (Ratified December 21, 1809.) FORT MAOON. This reservation contains an area of 1J square miles, and is situated at "Old Topsail Inlet/ 7 2 miles from Beaufort and Morehead City, in Carteret County. The title is as follows : 1. Deed from Jonas Small and Joseph Davis to the United States, dated May 1, 1810, conveying 6 acres and 118 square perches of land. Deed recorded in Book P, page 286, of the deed records of Carteret County. 2. Certificate from J. E. 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. Certifi- cate recorded in Book T, page 446, of the deed records of Carteret County. Jurisdiction was ceded to the United States by acts of the State Legislature, ratified December 18, 1807, and November , 1825, which provide as follows : "Whereas the harbour of Old Topsail Inlet is at present in an unguarded state, and is generally nineteen feet water on the bar of said harbour, 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 harbour ; " 1 . Be it enacted, etc., That five acres of land, in the county of Car- teret, 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 harbour. " 2. And be it further enacted, That Bryant Helen, Jeconias Pickens, and James Stanton be, and they are hereby, appointed commissioners 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: Provided, that the land ceded by virtue of this act is subject to the following condition: That the said fort shall be erected thereon within three years from the pass- ing 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 MILITARY RESERVATIONS, ETC. 179 same manner and to the same effect, as if this act had never been passed. "And whereas, from different causes and circumstances, the fort at Smith ville is not perfectly completed, although it is so far done as to be ready for the mounting of cannon, " 3. And be it further enacted, That all the grants and provisions heretofore made respecting the same, shall continue and be in full force; Provided, the said fort is finished within the year 1808; any law, usage or custom to the contrary notwithstanding." (Eatified Decem- ber 18, 1807.) " 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 erec- tion 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: Beginning 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 thousand seven hundred and ninety-five yards from a point at the extreme east end of Bogue Banks, thence from the beginning due North across Bogue Banks four hundred and eighteen yards till it meets the water's edge, thence eastwardly following the shore along Fishing Creek, and along the shore to the extreme eastern point of Bogue Banks, thence round said point along the Atlantic Ocean westwardly to the beginning con- taining 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 laud shall convey 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 herein- after 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. U 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 lauds called Bogue Banks and describing in such suggestion the situa- tion 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 011 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 admin- ister the oath to the said jurors truly and impartially to value lay off and allot to the United States the 405^% acres of laud 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 180 W MILITARY RESERVATIONS, ETC. ten days thereafter to the public register of the County in which such site and lauds 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 refuse 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 demand of the rightful owner, be seized thereof for the purpose mentioned 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 occu- pied continuously thereafter for such purposes: otherwise such site and annexed laud shall revert to this State. u 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 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 November , 1825.) NEWBERN NATIONAL CEMETERY. This reservation contains an area of 7.60 acres, and is situated at Newbern, in Craven County. The title is as follows: 1. Deed from William P. Moore and wife to the United States, dated March 13, 1869, conveying 7.589 acres of land. Deed recorded in Book No. 69, folio 323, of the deed records of Craven County. 2. Deed from Isaac N. Hughes and wife to the United States, dated July 1, 1874, conveying an additional strip of land. Deed recorded in Book 75, folio 344, etc., of the deed records of Craven County. 3. Deed of Release from Murray, Ferris & Company to the United States, dated November 8, 1869, conveying interest in premises con- veyed by Hughes. Deed recorded in Book No. 70, folio 233, etc., of the deed records of Craven County. 4. Deed from the City of Newbern to the United States, dated November 26, 1888, conveying 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 pur- chased for use as a national cemetery a certain piece or parcel of land in Craven county, bounded and described as follows, to wit: * * * containing seven and five hundred and eighty-nine thousandths acres; and whereas it is expedient that the United States should have exclu- sive jurisdiction of the land described above and used as aforesaid ; Therefore "SECTION 1. The General Assembly of North 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. " SEC. 2. That nothing herein contained shall be so construed as to debar or hinder any of the officers of this State from levying any proc- ess or levying execution within the limits over which jurisdiction 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.) MILITARY RESERVATIONS, ETC. 181 RALEIGH NATIONAL CEMETERY. This reservation contains an area of 7.83 acres, and is situated at Raleigh in Wake County. The title is as follows: Deed from the State of North Carolina to the United States, dated January 17, 1871, conveying 190,87;') square feet of land. Deed recorded in Book 3S, page 85, of the deed records of Wake County. Jurisdiction ceded to the United States by the following act of the State Legislature of April 10, 1809: " SECTION 1. The General Assembly of North 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 Amer- ica, a certain parcel of laud, situated in the county of Wake, the same being a rectangular tract of land, five hundred and twenty-four (524) feet iii 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. " SEC. 2. That this grant is made in consideration of the United States occupying this parcel of land herein directed to be granted as a National Cemetery; and whenever it shall cease to be used for such purposes, the title to the same shall revert to this State. "SEC. 3. That nothing herein contained shall be so construed as to debar or hinder any of the officers of this State from suing any process or 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, 1809.) SALISBURY NATIONAL CEMETERY. This reservation contains an area of about acres, and is situated at Salisbury, in Eowan County. The title is as follows : 1. Deed from Joseph Horah and wife to the United States, dated January 7, 1874, conveying 4,882 square feet of land. Deed recorded in Book No. 47, page 553, of the deed records of Rowan County. 2. Deed from Joseph Horah and wife to the United States, dated January 7, 1870, conveying 3 acres, 3 roods, and 10 poles of land. Deed recorded in Book 45, page 553, of the deed records of liowan County. 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 arid 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. 182 MILITARY RESERVATIONS, ETC. "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 proc- ess or levying an execution within the limits of said tract or parcel 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." (Katitied 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. Eytteuberg to the United States, dated Feb- ruary 20, 1867, conveying 5 acres of land. Deed 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 to the United States, dated December 10, 1877, conveying a tract therein described. Deed recorded in Book N N N, page 804, etc., of the deed records of New Hanover County. Jurisdiction ceded to the United States by the following act of the State Legislature of January 22, 1875 : " SECTION I. The General Assembly of North Carolina do enact, That it shall be lawful for the government of the United States, or any per- son under authority of the same, to purchase a tract, piece or parcel of land situated near the eastern boundary of the city of Wilmington, North 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 laud 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 ot 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 divi- sions 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 proc- ess or levying an execution within the limits of said tract or parcel 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." (Katified January 22, 1875.) NORTH DAKOTA. FORT YATES. This reservation contains an area of about 2f square miles, and is situated on the west bank of the Missouri River, adjacent to the Stand- ing Eock Indian Agency, in 'the Sioux Indian .Reservation, distant about 55 miles from Bismarck. MILITARY RESERVATIONS, ETC. 183 Jurisdiction was ceded to the United States by the following pro- vision of the State Constitution : "SEC. 203. * * * Second. The people inhabiting this State do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, 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 extin- guished by the United States, the same shall be and remain subject to the disposition of the United States, and that said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States." OHIO. COLUMBUS BARRACKS (ARSENAL). This reservation contains an area of 77 acres 3 roods and 8 perches of land, and is situated near Columbus, in Franklin County. The title is as follows : Deed from Eobert Neil and wife to the United States, dated Febru- ary 17, 1863, conveying 77 acres 3 roods and 8 perches of land. Deed 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 : "AN ACT ceding to the United States of America jurisdiction over certain lands and their appurte- nances in the County of Franklin, iu the State of Ohio, and exempting the same from taxation. "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 il 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 authority 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 man- ner as if jurisdiction had not been ceded as aforesaid. " SEC. 2. That the lands above described, with their appurtenances and all 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 remain the property of the said United States of America. " SEC. 3. This act shall take effect and be in force from and after its passage." 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 w^s made under authority of an Act of Congress approved February 25, 1879, and the title is as follows : Deed from William J. Marshall et al., Executors, etc., to the United States, dated April 23, 1879, conveying 2 acres of land. Deed recorded in Vol. 141, page 528, etc., of the deed records of Franklin County. 184 MILITARY RESERVATIONS, ETC. 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 Deunison, in Hamilton County. The title is as follows : Deed from Rebecca E. J. Kugler to the United States, dated June 3, 1869, conveying above tract. Deed recorded in Book No. 428, page 297, of the deed records of Hamilton County. 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 to the United States, dated September 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. OKLAHOMA. FORT RENO. This reservation contains an area of 9,493 acres, and is situated on the North Folk 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 Executive Order dated August 10, 1869. It was proclaimed a military reservation by Executive Order dated July 17, 1883. FORT SILL. This reservation contains an area of 49,920 acres, of which 23,040 acres was originally reserved as a Military Post and 26,880 acres after- wards added as a wood reserve. It is situated on Medicine Bluff Creek, in the Kiowa, Comauche, and Apache Indian Eeservatiou, on the Den- ver and Fort Worth Railroad, and is 27 miles distant from Rush Springs, Ind. T. Reserved from the public domain originally as an Indian Reservation for the benefit of the Wichita, Kiowa, Comanche, and Apache Indians, the 23,040 acres were, by Executive Order, dated October 7, 1871, set apart as a military reservation. The wood reserve of 26,880 acres was set apart by Executive Order dated March 2, 1892. For jurisdiction see paragraph 2, Section 3 7 Article 4, Constitution of United States. OREGON. SAND ISLAND, This reservation contains an area of 192.07 acres, according to a sur- vey made prior to 1877. It is a shifting island, comprising parts of Sections 14, 23, and 24, in Township 9 North of 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 reserva- tion by Executive Order dated August 29, 1893. MILITARY RESERVATIONS, ETC. 185 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 overflow between high and low tide, and also the Sand Island, situate at the mouth of the Columbia Eiver, in this State, the said island being sub- ject 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." POINT ADAMS (FORT STEVENS). This reservation contains an area of 1,250.11 acres, and, as a part of the publia 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. of sections 7, 8, and 9, in Townships 8 and 10, North of Eange 10 West, Willamette Meridian. Point Adams is at the mouth of the Columbia Kiver, 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 to the United States, dated August 10, 1863, conveying Kiver Lot 5 in Section 5, and NE. J of SE. 1 and Eiver Lots 1 and 2 of Section 6, in Township 8, North of Eange 10 West, containing 156.87 acres. 2. Deed from Cyrus Oluey to the United States, dated February 28, 1870, conveying same premises. For jurisdiction, etc., see Sand Island. PENNSYLVANIA. ALLEGHENY ARSENAL. This reservation contains an area of about 38.50 acres and is situated on the east side of the Allegheny Eiver, near Pittsburg, in Allegheny County. The title is as follows: 1. Deed from William B. Foster and wife to the United States, dated April 29, 1814, conveying 30 acres of land. Deed recorded in Book T, page , of the deed records of Allegheny County, at Pittsburg, May 2, 1814. 2. Deed from Alba Fisk and wife to the United States, dated May 13, 1831, conveying 6 acres 2 roods and 36 perches of land. Deed recorded in Book P 2, Vol. 40, page 101, etc., of the deed records of Allegheny County. 3. Deed from Anthony Dravo and wife to the United States, dated June 8, 1833, conveying 1 acre and 0.64 of a perch of land. Deed recorded in Book Y 2, Yol. 45, page 136, of the deed records of Alle- gheny County. 4. Deed from William F. Hamilton et al, to the United States, dated November 26, 1836, conveying right to water, etc. Deed recorded in Book C 3a, Yol. 52, page 480, etc., of the deed records of Allegheny County. 186 MILITARY RESERVATIONS, ETC. 5. Deed from Alba Fisk and wife to the United States, dated June 6, 1837, conveying 6,886 square feet of land. Deed recorded in Book D 3, Vol. 53, page 400, etc., of the deed records of Allegheny County. 6. Deed from Felix Weisenberger et al., Trustees, etc., to the United States, dated September 14, 1867, conveying Lots 1, 2, and 3, of the Borough of La wrenceville, containing about 10,000 square feet of land. Deed recorded in Deed Book, Vol. 218, page 396, of the deed records of Allegheny County. 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 purchase, which the United States have lately made from William B. Forster, of a certain tract of land situate on the Allegheny Kiver, about two miles above Pittsburg, bounded as follows: [Here describes land as set out in the Forster 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 impede or prevent the execution of any process, civil or criminal, under the authority of this State." (Act approved March 19, 1816.) A "NT ACT in addition to an Act passed the nineteenth day of March, Eighteen hundred and sixteen, entitled "An Act assenting to a purchase made by the United States of a piece of land near Pitts- burg." " SECTION 1. Be it enacted, etc., That the assent of the Legislature of the Commonwealth of Pennsylvania is hereby granted to a purchase 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 men- tioned 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 quan- tity of laud shall be purchased by the United States for the use of said arsenal, this act shall be construed to vest in the United States juris- diction over the same to the same extent as it is vested by this act over the pieces above described." (Approved February 14, 1845.) 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 Cometery (a corporation) to the United States, dated March 18, 1875, conveying above lot. Deed recorded December 17, 1875, in Deed Book, Vol. 354, page 39, of the deed records of Allegheny County. MILITARY RESERVATIONS, ETC. 187 ASHLAND CEMETERY. (Soldiers' lot.) This reservation contains 7,740 square feet of ground, and is situated in ll Ashland Cemetery," in the Borough of Carlisle and County of Cumberland. The title is as follows: Deed from Valeria M. Penrose, Trustee, etc., to the United States, 'dated September 19, 1878, conveying Lots 212 to 265, inclusive, in Sec- tion D of D. S. Ettinger's plan tfo. 3 of Ashland Cemetery, containing 540 by 16 feet. Deed given as a substitute for a deed dated in March, 1866, which was lost. % 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 Cum- berland. Purchase of site made by authority of an Act of Congress 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 Rich- ard Penn, to the United States, dated January 13, 1801, conveying above-described tract. Deed recorded in Book O, Vol. 1, page 79, etc., of the deed records of Cumberland County at Carlisle. 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 Koad, near Bristol, in the Township of Bristol and County of Bucks. The title is as follows: Deed from George Eaudall and wife to the United States, dated August 30, 1864, conveying 1 acre. Deed recorded in Deed Book No. 125, page 176, etc., of the deed records of Bucks County. FRANKFORD ARSENAL. This reservation contains an area of about 62 acres and 38 perches of land, and .is situated in the now City of Philadelphia. The title is as follows : 1. Deed from Frederick Fraley and wife to the United States, dated May 27, 1816, conveying 20 acres and 34 perches of land, with bridge privileges. Deed recorded in Deed Book M It, No. 7, page 717, etc., of the deed records of Philadelphia County. 2. Deed from Eobert Kennedy to the United States, dated April 8, 1837, conveying 3 acres and 6 perches of land. Deed recorded in Book S II F, No. 11, page 721, etc., of the deed records of Philadelphia County. 3. Deed from William S. Haines and wife to the United States, dated December 27, 1849, conveying in the aggregate 38 acres and 158 perches of land. Deed recorded in Book G W 0, No. 31, page 515, etc., of the deed records of Philadelphia County. 188 MILITARY RESERVATIONS, ETC. 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 : AN ACT to authorize the Lewishurg and Jersey Shore Turnpike Road and Bridge Company to erect gates and receive tolls, and for other purposes. " 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 laud 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 jurisdiction 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.) RESOLUTION relative to the purchase by the United States of certain lands contiguous to the Frankford Arsenal, in Philadelphia County. " 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 enlargement of said Arsenal and the erection of further buildings and 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 A.rsenal as afore- said, together with all the buildings, improvements, houses, forts, arse- nals 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 Common- wealth 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 whenever 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.) FORT MIFFLIN. This reservation contains an area of 317 acres, and is situated in the Delaware Kiver, near League Island, within the corporate limits of the City of Philadelphia. 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." MILITARY RESERVATIONS, ETC. 189 2. Deed from the Philadelphia Board of Health to the United States, dated August 5, 1808, conveying "The Lazaretto" lands on State Island containing 6 acres 3 roods and 25 perches of land. Deed 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 to the United States, dated March 23, 1851, conveying 98 acres and 11 perches of land. Deed recorded in Book G- W C, No. 91, page 491, etc., of the deed records of the City and County of Philadelphia. By authority of an act of Congress approved January 6, 1893, the area of this reservation was reduced by a sale of 49.707 acres of the lands purchased from John W. Ashmead. 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 : AN ACT to cede to and vest in the United States of America the island commonly called Mud Island. a 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 Elver 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 Alivays, Nevertheless, 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 cession hereby made shall be absolutely void, and of no effect: Provided fur- ther, That the State of Pennsylvania may at all times occupy the said island and fortifications, whenever the same shall not be possessed by a military force under the United States: And provided further, 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 sub- sequently to the cession of Mud Island have not been found. NATIONAL MILITARY PARK, GETTYSBURG BATTLEFIELD. This reservation contains an area, at this date (January 4, 1898), of about 850 acres 32 perches and 515 square feet of land. It embraces the most prominent portions of the lauds upon which the battle of Get- tysburg 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 during the battle, by Acts and Kesolution of Congress as follows : Acts approved March 3, 1873 ; June 9, 1880 ; March 3, 1887 ; August 3, 1888; October 2, 1888; March 2, 1889; March 3, 1893. llesolution 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 to the United States, dated February 4, 1896, conveying 124 tracts of land, aggregating 521.77 acres. Deed recorded in Book X X, page 149, etc., of the deed records of Adams County. 190 MILITARY RESERVATIONS, ETC. 2. Deed from Heirs of Mary Jane Weikert to the United States, dated August 8, 1893, conveying 41,920 square feet of land. Deed recorded in Book T T, page 377, etc., of the deed records of Adams County. 3. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 025 square feet of laud. Deed recorded in Book T T, page 420, etc., of the deed records of Adams County. 4. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 025 square feet of laud. Deed recorded in Book T T, page 402, etc., of the deed records of Adams County. 5. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 625 square feet of land. Deed recorded in Book Yol. T T, page 416, etc., of the deed records of Adams County. 6. Deed from David Zentz and wife to the United States, dated July 14, 1893, conveying 33,495 square feet of land. Deed recorded in Book T T, page 383, etc., of the deed records of Adams County. 7. Deed from John A. Wolfe and wife to the United States, dated July 14, 1893, conveying 24,018 square feet of land. Deed recorded in Book T T, page 393, etc., of the deed records of Adams County. 8. Deed from William H. Heagey and wife to the United States, dated July 14, 1893, conveying 12,065 square feet of land. Deed recorded in Book T T, page 390, etc., of the deed records of Adams County. 9. Deed from William H. Heagey and wife to the United States, dated July 14, 1893, conveying 3.55 acres. Deed recorded in Book T T, page 391, etc., of the deed records of Adams County. 10. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 53,060 square feet of laud. Deed recorded in Book T T, page 404, etc,, of the deed records of Adams County. 11. Deed from Jacob Masonheimer to the United States, dated June 27, 1893, conveying 25,800 square feet of land. Deed recorded in Book T T, page 385, etc., of the deed records of Adams County. 12. Deed from Isaiah A. Trostle, Attorney in fact, etc., to the United States, dated June 27, 1893, conveying 88,625 square feet of land. Deed recorded in Book T T, page 426, etc., of the deed records of Adams County. 13. Deed from Gettysburg Battlefield Memorial Association to the United States, dated July 12, 1893, conveying 625 square feet of land. Deed recorded in Book T T, page 400, etc., of the deed records of Adams County. 14. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 625 square feet of land. Deed recorded in Book T T v page 412, etc., of the deed records of Adams County. 15. Deed from Widow and Heirs of John Bender to the United States, dated July 10, 1893, conveying 851 square feet of laud. Deed recorded in Book T T, page 424, etc., of the deed -records of Adams County. 16. Deed from Samuel M. Bushman to the United States, dated June 7, 1893, conveying 12,000 square feet of land. Deed recorded in Book T T, page 399, etc., of the deed records of Adams County. 17. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 625 square feet of land. MILITARY RESERVATIONS, ETC. 191 Deed recorded in Book T T, page 414, etc., of the deed records of Adams County. 18. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 625 square feet of land. Deed recorded in Book T T, page 406, etc., of the deed records of Adams County. 19. Deed from Gettysburg Battlefield Memorial Association to 'the United States, dated June 7, 1893, conveying 625 square feet of land. Deed recorded in Book T T, page 408, etc., of the deed records of Adams County. 20. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 625 square feet of land. Deed recorded in Book T T, page 410, etc., of the deed records of Adams County. 21. Deed from Gettysburg Battlefield Memorial Association to the United States, dated June 7, 1893, conveying 625 square feet of land. Deed recorded in Book T T, page 418, etc., of the deed records of Adams County. 22. Deed from John H. Miller and wife to the United States, dated June 2, 1893, conveying 16,860 square feet of land. Deed recorded in Book T T, page 422, etc., of the deed records of Adams County. 23. Deed from Anna L. Young and husband to the United States, dated June 7, 1893, conveying 625 square feet of land. Deed recorded in Book T T, page 397, etc., of the deed records of Adams County. 24. Deed from George Spangler and wife to the United States, dated June 8, 1893, conveying 625 square feet of land. Deed recorded in Book T T, page 395, etc., of the deed records of Adams County. 25. Deed from J. Emory Bair and wife to the United States, dated June 27, 1893, conveying 625 square feet of land. Deed recorded in Book T T, page 381, etc., of the deed records of Adams County. 26. Deed from Wellington J. Swope and wife to the United States, dated June 28, 1893, conveying 57,230 square feet of laud. Deed recorded in Book T T, page 388, etc., of the deed records of Adams County. 27. Deed from Melchoir Wolf and wife to the United States, dated June 28, 1893, conveying 10,300 square feet of land. Deed recorded in Book T T, page 386, etc., of the deed records of Adams County. 28. Deed from Charles F. Staruer and wife to the United States, dated November 23, 1893, conveying 5.16 acres of laud. Deed recorded in Book U U, page 148, of the deed records of Adams County. 29. Deed from James A. Felix and wife to the United States, dated November 24, 1893, conveying 0.75 acre of land. Deed recorded in Book U U, page 150, etc., of the deed records of Adams County. 30. Deed from Agnew Crawford et al. to the United States, dated February 5, 1894, conveying 46 acres and 147 perches of land. Deed recorded in Book U U, page 449, etc., of the deed records of Adams County. 31. Deed from W. Nelson Flaherty and wife to the United States, dated November 13, 1894, conveying 0.55 acre of land. Deed recorded in Book Y Y, page 70, etc., of the deed records of Adams County. 32. Deed from Simon J. Codori and wife to the United States, dated November 13, 1894, conveying 0.61 acre of land. Deed recorded in Book V V, page 72, etc., of the deed records of Adams County. 33. Deed from George W. Wolf and wife to the United States, dated November 15, 1894, conveying 0.06 acre of land. Deed recorded in Book Y Y, page 74, etc., of the deed records of Adams County. 192 MILITARY RESERVATIONS, ETC. 34. Deed from George J. Benner to the United States, dated April 2, 1894, conveying 161 acres and 7 perches of land, with reservations. Deed recorded in Book U U, page 339, etc., of the deed records of Adams County. 35. Deed from Sarah A. 0. Plank and husband to the United States, dated August 28, 1894, conveying 1.88 acres of laud. Deed recorded in Book U U, page 541, etc., of the deed records of Adams County. 36. Deed from J. O. Blocker and wife to the United States, dated September 29, 1894, conveying 7.12 acres of land. Deed recorded in Book U U, page 579, etc., of the deed records of Adams County. 37. Deed from L. E. Kumerant and wife et al. to the United States, dated March 30, 1895, conveying 0.71 acre of land. Deed recorded in Book V V, page 347, etc., of the deed records of Adams County. 38. Deed from Maria S. Shultz to the United States, dated April 11, 1895, conveying 0.04 acre of land. Deed recorded in Book V V, page 474, etc., of the deed records of Adams County. 39. Deed from John B. McPherson to the United States, dated April 30, 1895, conveying 58 acres and 29 perches of land. Deed recorded in Book V Y, page 477, etc., of the deed records of Adams County. 40. Deed from Oscar D. McMillan and wife to the United States, dated June 15, 1895, conveying 1.7 acres of land. Deed recorded in Book V V, page 570, etc., of the deed records of Adams County. 41. Deed from Calvin Gilbert and wife to the United States, dated July 2, 1895, conveying 632 square feet of land. Deed recorded in Book V V, page 564, etc., of the deed records of Adams County. 42. Deed from The Theological Seminary of the General Synod of the Evangelical Lutheran Church in the United States to the United States, dated July 18, 1895, conveying 1.68 acres of land. Deed recorded in Book V V, page 562, etc., of the deed records of Adams County. 43. Deed from Selma J. Drum and husband to the United States, dated August 13, 1895, conveying 0.1 acre of land. Deed recorded in Book W W, page 193, etc., of the deed records of Adams County. 44. Deed from James A. Felix and wife to the United States, dated September 2, 1895, conveying 0.048 acre of laud. Deed recorded in Book V V, page 560, etc., of the deed records of Adams County. 45. Deed from Lucinda B. Bushman and husband to the United States, dated September 13, 1895, conveying 9.42 acres of land. Deed recorded in Book W W, page 167, etc., of the deed records of Adams County. 46. Deed from J. E. Bair and wife to the United States, dated October 10, 1895, conveying 0.11 acre of land. Deed recorded in Book W W, page 169, etc., of the deed records of Adams County. 47. Deed from John B. Whitney et al., Executors, etc., to the United States, dated November 7, 1895, conveying 1,900 square feet of land. Deed recorded in Book W W, page 498, etc., of the deed records of Adams County. 48. Deed from The Gettysburg Water Company to the United States, dated November 16, 1895, conveying 400 square feet of land. Deed recorded in Book W W, page 501, etc., of the deed records of Adams County. 49. Deed from J. L. Sherfy and wife to the United States, dated December 21, 1895, conveying 400 square feet of land. Deed recorded in Book W W, page 333, etc., of the deed records of Adams County. 50. Deed from The Gettysburg Battlefield Memorial Association to the United States, dated April 8, 1896, conveying 0.31 acre of land. MILITARY RESERVATIONS, ETC. 193 Deed recorded in Book X X, page 267, etc., of the deed records of Adams County. 51. Deed from Amos Leister and wife to the United States, dated May 20, 1896, conveying 0.059 acre of land. Deed recorded in Book X X, page 216, etc., of the deed records of Adams County. 52. Deed from The Gettysburg and Harrisburg liailway Company to the United States, dated June 5, 1896, conveying 8.42 acres of land. Deed recorded in Book X X, page 341, etc., of the deed records of Adams County. 53. Deed from William Patterson and wife to the United States, dated June 29, 1896, conveying 1.13 acres of land. Deed recorded in Book X X, page 302, etc., of the deed records of Adams County. 54. Deed from George F. Basehore and wife to the United States, dated August 21, 1896, conveying 0.12 acre of land. Deed recorded in Book X X, page 425, etc., of the deed records of Adams County. 55. Deed from George Spangler and wife to the United States, dated October 8, 1897, conveying 625 square feet of land. Deed recorded in Book Y Y, page 379, etc., of the deed records of Adams County. 56. Deed from Nathaniel Lightuer and wife to the United States, dated October 22, 1897, conveying 0.012 acre of land. Deed recorded in Book Y Y, page 414, etc., of the deed records of Adams County. 57. Deed from Samuel O. Itobinson and wife to the United States, dated November 13, 1897, conveying 8 acres and 22 perches of land with reservations. Deed recorded in Book Z Z, page 55, etc., of the deed records of Adams County. 58. Deed from Samuel M. Bushman to the United States, dated December 16, 1897, conveying 8.964 acres of land. Deed recorded in Book Z Z, page 53, etc., of the deed records of Adams County. 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 occu- pied 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 con- federate armies during said battle, and for the preservation, for histor- ical and other purposes, of the said battlefield; therefore, " SECTION 1. Be it enacted, etc., That the consent of the Commonwealth 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 purposeof 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 construct- ing roads and avenues, in connection with the positions occupied by the federal or confederate forces engaged in said battle, for the preser- vation 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 205 13 194 MILITARY RESERVATIONS, ETC. " SEC. 3. The jurisdiction of the State of Pennsylvania 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 Commonwealth: Provided, however, That the Commonwealth 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 charged with crimes or misdemeanors, committed 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.) AN ACT to cede j urisdiction to the United States over certain public roads within the National Park at Gettysburg, Pennsylvania. "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 described, included within the limits of the National Park at Gettysburg, as denned by the act of Congress, entitled , 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 Keservation, Texas; and to pay and extinguish all claims for the use and occupancy of said reservation 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 com- MILITARY RESERVATIONS, ETC. 229 plete 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. 23, p. 507.) Under the foregoing act of Congress, title was procured, the evidence of which is as follows : 1. Deed from James Stillman, and Thomas Carson, the latter as Admin- istrator with the will annexed, of the estate of Maria Josefa Oavazos, deceased, to the United States, dated October 14, 1887, conveying the 358.08 acres known as the u Fort Brown Property." Deed 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, to the United States, dated October 24, 1887, convey- ing by way of release all interest in above premises. Deed recorded in Vol. J, page 380, etc., of the deed records of Cameron County. Power of Attorney to Thomas Carson recorded in Yol. A, page 237, etc., of the deed records of Cameron County. 3. Deed from Frances J. Hale et al., Heirs of William G. Hale, deceased, to the United States, dated November 15, 1887, conveying all interest in above premises. Deed recorded in Yol. J, page 384, etc., of the deed records of Cameron County. 4. Quit-Claim Deed from Thomas Carson to the United States, dated December 12, 1887, conveying all interest in " Fort Brown Property." Deed recorded in Yol. J, page 387, etc., of the deed records of Cam- eron County. 5. Deed of Kelease from James Stillman and Thomas Carson, the latter as Administrator, with the will annexed, of Maria Josefa Cava- zos, deceased, by John A. Garver, their Attorney in fact, to the United States, dated March 25, 1895, releasing all demands, etc. Deed recorded in Vol. J, page 388, etc., of the deed records of Cameron County. Power of Attorney from James Stillman to John A. Garver recorded in Yol. A, page 241, etc.; the Power of Attorney with power of sub- stitution from Thomas Carson, Administrator, etc., to James Stillman, and Power of Attorney from James Stillman to John A. Garver as substitute recorded in Yol. A, page 238, etc., of the deed records of Cameron County. 6. Quit-Claim Deed from Kate M. Combe and husband et al. to the United States, dated April 17, 1886, conveying all interest in " Fort Brown Military Reservation." 7. Quit-Claim Deed from Charles S. Dana and wife to the United States, 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 "Fort Bliss (New)." 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 Yol. J, page 427, etc., of the deed records of Cameron County. NOTE. Title : For an exhaustive opinion as to the validity of the title to the prop- erty known as "Fort Brown," ami an extinguishment of all claims for use and occu- pancy of the reservation r. The United States, see Vol. 19, page 82, Opinion Attorneys- General. Same: The Treaty of Guadalonpe Hidalgo had no relation to property within the State of Texas. (Basse r. Brownsville, 154 U. S., 160.) 230 MILITARY RESERVATIONS, ETC. BROWNSVILLE NATIONAL CEMETERY. This reservation contains an area of 25.50 acres, right of way, etc., and is situated about 1 mile from Brownsville, in Cameron County. The title is as follows : Decree of condemnation for said tract in the matter of the application of the United States for an appraisement, etc. Decree rendered March 22, 1872, in the (Jiiited 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. For consent to condemnation and provision for ceding jurisdiction, see Acts of the State Legislature under the title " Fort Bliss (New)." FORT CLARK. This reservation contains an area of 3,9G3.02 acres, and 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 approved April 16, 1880. Deed from Mary A. Maverick to the United States, dated December 11, 1883, conveying 3,896.46 acres of land. Deed recorded in Vol. A, No. 5, page 25, of the deed records of Kinuey 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 jurisdiction, see Acts of the State Legislature under the title of "Fort Bliss (New)." FORT DAVIS. This reservation contains an area of 300 acres, and is situated in Pre- sidio County. The title is as follows: Deed from Daniel Murphy and wife to the United States, dated May 24, 1883, conveying 300 acres. Deed recorded in Book No. 2, page 311, etc., of the deed records of Presidio County. For consent to purchase and provision for cession of jurisdiction, see Acts of the State Legislature under the title of u Fort Bliss (New)." DEL RIO CAMP. This reservation contains an area of 407.93 acres, and is situated on San Felipe Creek, 30 miles west of Fort Clark and 1 miles from San Felipe, in Kinney County. The title is as follows : 1. Deed from The San Filipe Agricultural, Manufacturing and Irri- gation Company to the United States, dated April 15, 1880. Deed recorded in Vol. A, No. 3, page 461, etc., of the deed records of Kinney County. For consent to purchase and cession of jurisdiction, see Acts of the State Legislature under the title u Fort Bliss (New)." 2. 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 July 28, 1882, and recorded in Vol. A, No. 3, page 529, etc., of the deed records of Kinney County. MILITARY RESERVATIONS, ETC. 231 EAGLE PASS. (A subpost of Fort Clark.) 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., to the United States, dated July 9, 1892, conveying 62.94 acres. Deed recorded in Vol. W, No. 2, page 413, etc., of the deed records of Maverick County. 2. Deed from William S. Smith, Executor, etc., to the United S sates, dated July 9, 1892, conveying 92.35 acres. Deed recorded in Vol. W, No. 2. page 415, etc., of the deed records of Maverick County. 3. Decree of the Circuit Court of the United States for the Western District of Texas, in the case of Maggie Cassidy et al. v. William S. Smith, Executor, etc., No. 73, confirming and ratifying the said con- veyances of said Executor, etc., to the United States. Decree rendered July 2, 1893, and filed with the record in said cause in the Clerk's office said Court at San Antonio. 4. Amended decree of said Court, between same parties, reaffirming and ratifying said conveyances. Amended decree 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)." 5. 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 March 31, 1894, and recorded in Vol. W, No. 2, page 473, etc., of the deed records of Maverick County. GALVESTON (FORTIFICATIONS AT). This reservation contains an area of 41.32 acres and 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 to the United States, 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 con- veyed, Out Lots 205, 206, 230, and 231. Deed 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 convey- ance of Lots, Streets, Avenues, etc., dated January 18, 1897, as per No. 1, supra. Recorded in Book 157, page 402, etc., of the deed rec- ords of Galveston County, at Galveston. 3. Quit Claim Deed from the Galveston City Company to the United States, 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. Deed recorded in Book 141, page 429, etc., of the deed records of Galveston County at Galveston. 4. Ordinance of City Council of Galveston, ceding streets, avenues, etc., as described in Deed No. 1, supra. Original act part of the rec- ords in the City Clerk's Office at Galveston. 5. By an Act of the State Legislature passed February 15, 1897, 232 MILITARY RESERVATIONS, ETC. which became a law March 3, 1 897, 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.) For consent to purchase and cession of jurisdiction, see Act of the State Legislature, under the title "Fort Bliss (New)." 6. Deed from the Governor of Texas to the United States ceding jurisdiction over the reservation, in accordance witli the Constitution and foregoing-cited laws of the State of Texas. Deed dated Septem- ber 21, 1897. FORT M'INTOSH. This reservation contains an area of 208 acres, and is situated on the Rio Grande River, 1 mile from the City of Laredo, in Webb County. The title is as follows: Deed from the City of Laredo to the United States, dated May 29, 1875, conveying the above tract of land. Deed recorded in Book D, Yol. 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 " Fort Bliss (New)." PELICAN SPIT. This reservation contains about 79 acres of laud, and is situated about 1,900 yards east of Pelican Island, on Pelican Spit, in Galveston Bay, 2J miles from the City of Galveston, in Galveston County. The title is as follows : Letter Patent from the State of Texas to the United States, dated May 25, 1859, conveying the above tract by metes and bounds. Patent No. 611 recorded in Vol. 19 of the record of patents in the office of the Commissioner of the General Land Office, at Austin. Deed from the Governor of the State of Texas to the United States, dated July 14. 1859, ceding jurisdiction. (See acts of the State Legis- lature approved December 19, 1849, and February 12, 1854, under the title " Fort Bliss (New).") FORT POINT. This reservation contains an area of about 15 acres (with additions by accretion), 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, 183G, and under the Joint Resolution of Congress passed March 1, 1845 (Articles of Annexation), was ceded to the United States. The following Act seems to cede the reservation : AN ACT authorizing the Governor of the State of Texas to cede and transfer to the United Stales, all of the property of whatever description soever, enihraced in or contemplated by tin- joint reso- lution of both Houses of Congress of the United States, approved 1st of M:in-li. 1H45. and the eighth section of the thirteenth article of the Constitution of tho State of Texas. "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 Unitrd 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 MILITARY RESERVATIONS, ETC. 233 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, 184:0.) FORT KINGGOLD. This reservation contains an area of 350 acres, and is situated on the Kio Grande River 23 miles from San Miguel, on the Mexican Na- tional Railroad, in Starr County. The title is as follows : Decree of condemnation for the above 350 acres of laud in Cause No. 256, The United States, by Kelson B. Sweitzer, v. Josefa Garza de Sali- nas et al., in the District Court of Starr County. Decree rendered March 30, 1878, and recorded in Book B, pages 421 to 423, of the min- utes of said Court. Decree amended on same day and, as amended, irecorded in Book B, page 464, etc., of the minutes of said Court. For provision for acquiring property by condemnation, etc., see Acts of the State Legislature under the title " Fort Bliss (New)." SAN ANTONIO ARSENAL. This reservation contains about 15.92 acres, and is situated in the City of San Antonio, in Bexar County. The title is as follows: 1. Deed from Gregory P. Divine to the United States, dated March 8, 1859, conveying 8.17 acres of land. Deed recorded in Book R, No. 1, page 198, etc., of the deed records of Bexar County. .2. Deed from P. H. Bell and wife to the United States, dated May 2, 1859, conveying 7.75 acres of land. Deed recorded in Book R, No. 1, page 197, etc., of the deed records of Bexar County. For jurisdiction, etc., see Act of the State Legislature approved December 19, 1849, and Act amendatory thereof, approved February 13, 1854, under the title "Fort Bliss (New)." 3. Deed from the Governor of Texas to the United States ceding jurisdiction over the lands described in above deeds, in accordance with the Constitution and foregoing cited Laws of the State of Texas. Deed dated September 22, 1859. SAN ANTONIO NATIONAL CEMETERY. This reservation contains an area of 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 to the United States, dated November 15, 1867, conveying 1.09 acres of land. 2. Deed from the City of Sail Antonio to the United States, dated April 14, 1871, conveying 1 .89 acres of land, in lieu of deed marked No. 1, supra, and unrecorded. This deed 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 Aaitonio to the United States, dated April 10, 1884, conveying about 1.75 acres of land. Deed recorded in Vol. 33, page 442, of the deed records of Bexar County. Sale author- ized 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 234 MILITARY RESERVATIONS, ETC. 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 Fort Bliss (New)." 4. Deed from the Governor of Texas to the United States 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. Deed dated August 25, 1884, and recorded in Vol. 38, page 278, etc., of the deed records of Bexar County. FORT SAM HOUSTON. This reservation contains an area of 469.23 acres, and is situated near the City of San Antonio, in Bexar County. The title is as follows: 1. Deed of Donation from the City of San Antonio to the United States, dated May 6, 1870, conveying about 40 acres of land. Deed recorded in Book Y, No. 1, page 433, etc., of the deed records of Bexar County. 2. Deed of Donation from the City of San Antonio to the United States, dated August 11, 1871, conveying 43 acres of land. Deed recorded in Book W, No. 1, page 324, etc., of the deed records of Bexar County. 3. Deed of Donation from the City of San Antonio to the United States, dated June 16, 1875, conveying 9.07 acres of land. Deed recorded in Vol. 2, page 467, etc., of the deed records of Bexar County. 4. Deed of Donation from the City of San Antonio to the United States, dated June 30, 1878, conveying by metes and bounds, accord- ing to a resurvey made by the United States Government, the lands described in the foregoing deeds of donation marked Nos. 1, 2, and 3, supra, aggregating 92.79 acres. New deed recorded in Vol. No. 11, page 160, etc., of the deed records of Bexar County. 5. Deed from Adele E. T. Beauregard et al. to the United States, dated July 11, 1881, conveying a tract of laud by inetes and bounds. Deed recorded in Vol. 20, page 188, etc., of the deed records of Bexar County. 6. Deed from William W. Dykman to the United States, dated Sep- tember 11, 1882, conveying a tract by metes and bounds. Deed recorded in Vol. 27, page 370, etc., of the deed records of Bexar County. 7. Deed from E. H. Cunningham and wife to the United States, dated September 25, 1882, conveying 44.50 acres of land. Deed recorded in Vol. 27, page 371, etc., of the deed records of Bexar County. 8. Deed from William Trout and wife to the United States, dated October 10, 1882, conveying a tract by metes and bounds. Deed recorded in Vol. 27, page 366, etc., of the deed records of Bexar County. 9. Deed from Christian Mueller and wife to the United States, dated October 11, 1882, conveying a tract by metes and bounds. Deed recorded in Vol. 27, page 368, etc., of the deed records of Bexar County. 10. Deed from Jennie L. Smith and husband to the United States, dated October 11, 1882, conveying a tract by metes and bounds. Deed recorded in Vol. 27, page 364, etc., of the deed records of Bexar County. 11. Deed from James H. Bigger to the United States, dated Novem- ber 2, 1882, conveying 43.90 acres of land by way of confirmation of conveyances heretofore made and who have conveyed to the United States. Eeceived for record November 14, 1882, by County Clerk of Bexar County. MILITARY RESERVATIONS, ETC. 235 12. Deed from John McMahon to the United States, dated November 13, 1882, conveying a tract by metes and bounds. Deed recorded in Vol. 27, page 367, etc., of the deed records of Bexar County. 13. Deed from Edward Braden and wife to the United States, dated December 2, 1882, conveying about 4 acres. 14. Deed from John Moreau and wife to the United States, dated November 2, 1882, conveying a tract of land therein described. 15. Deed from E. H. Cunningham and wife to the United States, dated December 5, 1882, conveying * * *. 16. Deed from H. B. Adams and E. D. L. Wickes to the United States, dated December 8, 1882, conveying a tract of land by metes and bounds. 17. Decree of Condemnation in Cause No. 1183, The United States of America v. Unknown Owners of 19.29 acres of land, in the District Court of Bexar County. Decree rendered and made final May 25, 1883, and tiled with the record in the cause in the Clerk's Office of said Court. Recorded in Vol. 27, page 579, etc., of the deed records of Bexar County. 18. Deed from Caroline Kampmann to the United States, dated August 26, 1886, conveying 310 acres. Deed recorded in Vol. 53, page 544, etc., of the deed records of Bexar County. (By an Act of Congress, approved January 29, 1887, a strip of land known as u Pine Street" was released to the City of San Antonio.) Paragraph 35 of Section 1 of Article 3 of an Act of the State Legis lature 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 consent to purchase, condemnation proceedings, and cession of jurisdiction, see Acts of the State Legislature under the title "Fort Bliss (New)." Under the Act above cited, the following were executed : 1. Deed from the Governor of Texas to the United States ceding jurisdiction over 40 acres, more or less, in accordance with the Consti- tution and the foregoing cited Laws of the State of Texas. Deed 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. Deed recorded in Vol. 27, page 310, etc., of the deed records of Bexar County. 3. Deed from same to same, dated August 17, 1883, ceding jurisdic- tion over afcer- acquired lands, in accordance with the Constitution and Laws of Texas. Deed recorded in Vol. 31, page 143, etc., of the deed records of Bexar County. 4. Deed from same to same, dated April 19, 1887, ceding jurisdiction over 310 acres, in accordance with the Constitution and Laws of Texas. Deed recorded in Yol. 54, page 54 and 55, of the deed records of Bexar County. UTAH. FORT DOUGLAS. This reservation contains an area of about 9,250 acres, and is situ- ated about 3 miles from 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 declared for military purposes by Executive Order dated Septem- 236 MILITARY RESERVATIONS, ETC. ber 3, 1867. This reserve was reduced by an Act of Congress approved May 16, 1874, ceding '20 acres to Salt Lake City for cemetery purposes, and again by an Act of Congress, approved January 21, 1885, restoring 151.81 acres to the public domain, leaving 2,488.19 acres. 2. Deed from Le Grand Young, Trustee, etc., to the United States, dated April 23, 1888, conveying 1,020 acres therein described, to pro- tect and preserve the water supply of Fort Douglas. Deed recorded in Book 2 N, page 343, etc., of the deed records of Salt Lake County. The foregoing described tract purchased under authority of an Act of Congress approved March 3, 1887; and by the same act an addition of about 1,920 acres was added to the reservation for same purpose, making the addition by that Act 3,840 acres. 3. The reservation was again enlarged by Executive Order dated March 13, 1890, adding 2,520 acres thereto, for military purposes, so much of the public domain. 4. An addition of about 400 acres taken from the public domain was made by Executive Order dated June 8, 1896. No cession of jurisdiction. FORT DU CHESNE. 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 Du Chesue River, within the limits of the Uintah Indian Reservation, in Uintah County. By Executive Order dated September 1, 1887, the above tract embraced within the limits of the Uintah Indian Reservation, created by Executive Order dated October 3, 1861, and Act of Congress approved May 5, 1864, was pro- claimed a military reservation for the post of Fort Du Chesne. No cession as a military reservation, 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." * * * OGKDEN '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 to the United States, dated December 12, 1874, conveying the 2.57 acres above noted. Deed recorded in Book J, page 11, of the deed records of Weber County. 2. Deed from same to same, dated October 14, 1878, conveying sjimo land, and recorded in Book L, page 431, of the deed records of Weber County. No cession of jurisdiction. MILITARY RESERVATIONS, ETC. 237 VERMONT. 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 Wiudham County. The title is as follows: Deed from "The Prospect Hill Association" to the United States, dated August 28, 1800, conveying above lot. Deed recorded in Book Y, page 520, of the deed records of Windham County, in the office of the Town Clerk of Brattleboro. FORT ETHAN ALLEN. This reservation contains an area of 761.08 acres, and is situated in Colchester and Essex Townships in Chittenden County, 2 miles from Essex Junction and miles from the City of Burlington. The original purchase of 000 acres was made under authority of an act of Congress approved August 5, 181)2. An addition of 101.08 acres was purchased under authority of an act of Congress approved August 18, 1894. The title is as follows: 1. Deed from Sidney H. Westou to the United States, dated Decem- ber 8, 1892, conveying 50 acres of land. Deed 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 to the United States, dated Decem- ber 8, 1892, conveying 26.70 acres of laud. Deed recorded in Vol. 28, page 154, of the Land Eecords of Chittenden County, in the Clerk's Office at Colchester. 3. Deed from Sidney H. Weston to the United States, dated Decem- ber 8, 1892, conveying 32.33 acres of land. Deed recorded in Vol. 28, page 153, of the Laud Records of Chitteuden County, in the Clerk's Office at Colchester. 4. Deed from Sidney H. Weston to the United Staes, dated Decem- ber 8, 1892, conveying 20 acres of land. Deed recorded in Vol. 28, page 152, of the Land Records of Chittenden County, in the Clerk's Office at Colchester. 5. Deed from M. F. Kelley and wife to the United States, dated December 8, 1892, conveying 50 acres of land. Deed recorded in Vol. 2.) Under this new condition of affairs, involving a possible removal of MILITARY RESERVATIONS, ETC. 241 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 com- plete 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-described estate, were defined and the area fixed at 408/0 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 Vir- ginia, commonly kuown as the Arlington House estate, containing eleven hundred acres, be the same ever so much more or less, being the identi- cal 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 hundred 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 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 con- gent of this state is hereby given to the purchase of said tract of land 205 16 242 MILITARY RESERVATIONS, ETC. 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 Jand, 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. U 2. That said tract of land and the buildings now or that may here- after be erected thereon, and any property of the United States, 011 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 eigbty-three, and shall con- tinue 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." ARLINGTON NATIONAL CEMETERY. This reservation contains an area of lOSgV 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, and is situated about 2 miles from Leesburg, in Loudoun County. The title is as follows : Taken possession of and inclosed by the United States Government in 1865. 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 to the United States, dated September 21, 1815, conveying the above-described 27.50 acres. Deed recorded October 9, 1815, in the Clerk's Office of Chester- field 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 laud 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 follows: [Here describes tract.] Provided always, And the assent aforesafd is granted upon the express condition thnt this state shall retain a concurrent jurisdiction with the United States in and over the tract of land afore- said, so far as that all civil and such criminal processes as may issue MILITARY RESERVATIONS, ETC. 243 under the authority of this state against any person or persons charged with crimes committed without the bounds of said tract may be exe- cuted therein in the same way and manner as though this assent had not been granted." CITY POINT NATIONAL CEMETERY. Tins 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 Coiner was plaintiff and the United States defendant, in the District Court of the United States for the District of Virginia. Decree rendered January 16, 1868, and filed with the rec- ord in said cause in the Clerk's Office of said Court at Richmond. 2. Deed from Edward Comer to the United States, dated January 23, 1868, conveying the lands embraced in Decree of Condemnation marked No. 1, supra. Deed recorded in the Clerk's Office of Prince George County Court October 17, 1868. 3. Deed from Charles Comer to the United States, dated December 21, 1872, conveying a strip of land to build wall around cemetery. Deed recorded in Vol. 29, page 575, of the deed records in the Clerk's Office of Prince George County Court June 13, 1873. 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. Decree ren- dered 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., to the United States, dated April 21, 1869, conveying land in accordance with above decree. Deed recorded in Book No. 4, page 514, of the Deed records of Hanover County. 3. Deed from Milo Garthwright et al. to the United States, dated October 8, 1871, conveying a strip of land around cemetery for a wall. Deed recorded in Hanover County Court, Clerk's Office, December 30, 1872. Jurisdiction was ceded to the United States over that strip of land described in a deed from Milo Garthwright et al., marked No. 3, supra, by an act of the State Legislature, approved March 7, 1873. The entire act, as it relates also to another Cemetery, is set out in full as follows : "AX ACT giving the consent of this State to the purchase by the United States of two tracts of land in the Counties of Henrico and Hanover, to be used for Military Cemeteries, and exempting the same from State and County taxes. " Whereas it is represented by Theo. J. Eckerson, Captain and Assist- ant 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 244 MILITARY RESERVATIONS, ETC. to liis 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 four- teenth, eighteen hundred and seventy-two, and bounded as follows, to wit: On the north by land formerly owned by Alpheus W. Childrev and conveyed by him to the United States for a national cemetery; on the east by the Varina rdad; 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 town- ship of Henry, County of Hanover and State of Virginia, containing three-fourths of an acre, more or less, and being the tract conveyed to the United States by Milo 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 laud five feet wide, immediately adjoining and extending around three sides of the Cold Harbor National Cemetery, to wit, the north, east and west sides of said Cemetery : Therefore, " 1. Be it enacted by the General Assembly of Virginia, That the con- sent 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 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, magistrates, and offi- cers 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 purpose, 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 buildings 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." CRANEY ISLAND. This reservation 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. to the United States, dated May 5, 1817, conveying the entire Island. Deed 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 erec- tion of a magazine, with privilege to construct a landing at the south- eastern end of the Island, and right of way over the Island to the mag- azine at the northwestern end. MILITARY RESERVATIONS, ETC. 245 CULPEPER NATIONAL CEMETERY. This reservation contains an area of acres, and is situated at Cul- peper, in Oulpeper County. The title is as follows: 1. Deed from John M. Leavell and wife and William T. Leavell, Trustees, etc., to the United States, dated October 3, 1890, conveying 2,830 square feet of land for right of way and approach to Cemetery. Deed recorded in Book 24, page 129, of the deed records of Oulpeper County, in the Clerk's Office of the County Court. 2. Deed from Carter A. Saunders and wife to the United States, dated November 11, 1890, conveying 10,200 square feet of land for roadway and approach to cemetery. Deed recorded in Book 24, page 130, of the deed records of Culpeper County, in the Clerk's Office of the County Court. 3. Deed from the Board of Trustees of the Catalpa School District to the United States, dated November 20, 1890, conveying 5,000 square feet of land for right of way and approach to cemetery. Deed recorded in Book 24, page 128, of tbe deed records of Culpeper County, in the Clerk's Office of the County Court. 4. Decree of Condemnation for acres of land in the matter of Edward B. Hill v. the United States, in the United States District Court for the District of Virginia. Decree rendered April 27, 1807, and filed with the record in said cause in the Clerk's Office of said Court. 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 to the United States, dated July 19, 1873, conveying about 2.7 acres. Deed recorded July 19, 1873, in the record of deeds at Danville. The foregoing deed was authorized by the Common Council of Danville, May 6, 1873, as per minutes of proceedings of said Council of said date in the Clerk's Office. 2. Deed from Thomas D. Stokes, Executor, etc., to the United States, dated July 19, 1873, conveying four-fifths of an acre of land. Deed recorded July 19, 1873, in the record of deeds at Danville. Jurisdiction was ceded to the United States by an act of the State Legislature, approved April 22, 1874, which act is as follows: "AN ACT giving the consent of this State to tbe purchase by the United States of a tract of land in the County of Henrico, and of two parcels of land in the town of Danville, to be used for Military Cemeteries. a 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. Kelson, Ethelinde Kelson, and Luciel Kelson, 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 Kational Cemetery, and three feet west of the 246 MILITARY RESERVATIONS, ETC. southerly prolongation of the present westerly boundary line of said cemetery, running thence south eighty degrees east, and on a line par- allel 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 degrees west, parallel with the present northerly boundary line of said cemeterj^ and three feet therefrom, three hundred and four feet and one inch; thence southerly three feet, and parallel with the northerly prolongation of the present westerly boundary line of said cemetery and three feet there- from; thence easterly three feet to the present northwesterly corner of said cemetery, and continuing easterly therefrom on the present north- erly 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 boundary 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 laud 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 min- utes east, two hundred and seventy- five feet to a rock; thence south seventy-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. u 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 0. Ayres, president of the council of said town, bounded and described as beginning on Lee street at the north- east corner of Greenhill cemetery; thence north seventy 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, u l. Be it enacted by the General Assembly, That the consent of this State is hereby given to the purchase of said lauds by the Government of the United States of America, each to be occupied and used as a national military 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 proc- ess, 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 purposes, then the MILITARY RESERVATIONS, ETC. 247 jurisdiction hereby ceded shall cease and determine us to the place so failing to be used, and the same shall revert to the Commonwealth of Virginia. "U. The act shall take effect from its passage." 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 Elizabeth River, in Norfolk County. The title is as follows: Deed from William Thompson and wife to Thomas Jefferson, Presi- dent of the United States, his successors in office, etc., dated September 1, 1808, conveying the above property. Deed recorded in Record Book of Deeds, page 173, October 17, 1808, in Norfolk, County of Norfolk. FREDERICKSBTJRO 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 to the United States, dated November 5, 1808, conveying the above tract. Deed 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 con- sent 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 convenient road from the City of Fredericksburg to the National Cemetery 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 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 purpose, jurisdiction is hereby ceded to the Government of the United States, so that Congress and the lawful authorities of the federal government shall have all lawful power and control over the same: provided, how- ever, that the consent herein given shall not extend to the purchase or acquisition of more than ten acres of land for said purpose: and pro- Tided further, that the State retain concurrent jurisdiction 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 ordi- nances of said city, to the execution and service of all processes 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 authority of the United States thereby acquired and to be acquired under this act. 248 MILITARY RESERVATIONS, ETC. U 2. The said real estate and said improved road are hereby exempted 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 herein- before mentioned, and no longer." 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 0. Nelson et al. to the United States, dated June 16, 1869, conveying 1.8834 acres of land. Deed recorded in Deed Book 86, page 236, of the deed records in the Clerk's Office of the Henrico County Court, December 15, 1869. 2. Deed from R. Heber Nelson et al. to the United States, dated September 15, 1873, conveying a tract by metes and bounds. Deed recorded in Deed Book 92, page 360, of the deed records in the Clerk's Office of the Henrico County Court, September 16, 1873. 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." HAMPTON NATIONAL CEMETERY. This reservation contains an area of 19.6110 acres and is situated at Hampton, in Elizabeth City County. The title is as follows : 1. Deed from George Whipple and wife to the United States, dated October 20, 1868, conveying 4.7490 acres. Deed recorded in the Clerk's Office of the County Court of Elizabeth City County August 11, 18t>9. 2. Decree of Condemnation for 6.8620 acres of land in a certain cause wherein the United States was plaintiff and William E. Wood defendant, in the District Court of the United States for the District of Virginia. Decree 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. Watkius and wife to the United States, dated July 25, 1891, conveying 2.93 acres. Deed recorded in the Clerk's Office of the County Court of Elizabeth City County March 23, 1892. 4. Deed from The Trustees of the Hampton Normal and Agricultural Institute to the United States, dated July 25, 1891, conveying 5.07 acres. Deed recorded in the Clerk's Office of the County Court of Elizabeth City County Marei* 23, 1892. 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 unnec- essary, although provided for by an Act of the State Legislature approved February 21, 1894. This act, however, cedes jurisdiction over said roadway as follows : ##***#* "3. The jurisdiction over the said roadway is hereby ceded to the United States: Provided, however, That the State of Virginia retains 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. MILITARY RESERVATIONS, ETC. 249 -Jurisdiction over the lands embraced within the limits of the ceme- tery was ceded to the United States by an act of the State Legislature 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 pur- chase 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 assembly 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 govern- ment 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 AYit: "First. That this State retains concurrent/jurisdiction with the United States over the said places, 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 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 Common wealth 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 towns wherein they lie; but this exemp- tion 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.' 7 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 to the United States, dated March 26, 1869, conveying 0.462 acres of land. Deed recorded 250 MILITARY RESERVATIONS, ETC. in Book 86, page 71, of the deed records in the Clerk's Office of Hen- rico County Court, September 22, 1869. 2. Deed from Mattie E. Cox and husband to the United States, dated May 14, 1872, conveying 1.044 acres of land. Deed recorded in Book 91, page 42, of the deed records in the Clerk's Office of llenrico County Court, December 28, 1872. 3. Deed from Alpheus W. Childrey to the United States, dated June 28, 1873, conveying a strip of laud therein described. Deed recorded in Book 92, page 635, of the deed records in the Clerk's Office of Hen rico County Court, December 12, 1873. 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." FORT MONROE. This reservation contains an area of about 282 acres, including the 15 acres known as the Kip Raps, and is situated at Old Point Comfort, in Elizabeth City County, commanding the entrance to Hampton Roads. The title is as follows : 1. Deed from the Governor of Virginia to the United States, 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. Deed recorded in the County Clerk's Office December 12, 1838. 2. Deed from The Hampton River and Mill Creek Toll Bridge Com- pany to the United States, 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. Deed recorded in Elizabeth City County Clerk's Office November 15, 1838. 3. Deed from Jas. A. J. Bradford to Lieut. Col. R. E. DeRussy, for the United States, dated February 12, 1841, conveying 15 acres of land. Deed recorded in the Clerk's Office of the County Court of Elizabeth City County, April 8, 1841. 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." Deed recorded in the deed records in the Clerk's Office of the Elizabeth City County Court. 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: AN ACT ceding to the United States the lands on Old Point Comfort, and the shoal called UK* Kip Raps. "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. u 1. Be it enacted, etc., That it shall be lawful and proper for the Gov- ernor of this Commonwealth, by conveyance or deeds in writing under his hand and the 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 the land and shoal at Old Point Comfort and the Rip Raps; Provided, The ces MILITARY RESERVATIONS, ETC, 251 sion at Old Point Comfort shall not exceed 250 acres, and the cession of the shoal at the Hip Raps shall not exceed fifteen acres, And pro- vided alw, That the said cession shall not be construed or taken, so as to prevent the officers of this State from executing any process, or dis- charging any other legal functions, within the jurisdiction 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; And 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 snch 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." 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 ot Elizabeth City, erected in pursuance of an Act of the Gen- eral 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 Elizabeth City, on the north side of Mill Creek, to the abutment of the toll bridge across Hampton Kiver, which said toll bridge across Mill Creek, and its abutment, in the County of Elizabeth City, was conveyed to the said United States by the Hamp- ton Elver 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 incorporation of the Hampton Kiver and Mill Creek Toll Bridge Com- pany, passed on the twenty seventh day of January, Eighteen hut.dred and twenty-five, shall be observed and kept by the United States; and that the deed hereby authoiized shall provide that the grant of juris- diction 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 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 252 MILITARY RESERVATIONS, ETC. construed as to authorize the said United States to exact toll or compen- sation for crossing or passing over said bridge, or to prevent the officers of this Commonwealth from executing any process whatever within the jurisdiction hereby directed to be ceded to the United States." (See Appendix, p. 284.) FORT MYER. This reservation contains an area of ISO acres, being a portion of the Arlington Estate. (See "Arlington" for situation, title, and jurisdiction.) FORT NELSON. This reservation contains an area of about 79 acres, and is situated on the Elizabeth iiiver near Mosquito Point, in Norfolk County. The title is as follows: 1. Deed from Thomas Newton and wife to John Adams, President of the United States, and to his successors in office, dated September 3, 1799, conveying 18 acres of laud on Mosquito Point, etc. Deed recorded in the Clerk's Office of the Norfolk County Court April 21, 1800, by order of the Court. 2. Deed from Thomas Newton and wife to the United States, dated November 29, 1827, conveying 6L acres of land adjoining above tract. Deed recorded in the Clerk's Office of the Norfolk County Court June 17, 1840, by order of the Court. 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, mo e or less, situate in said County, upon which a fortification was erected by the Government of the United States, called "Fort Nelson" which iortification has since been removed, and a Naval Hospital built by the United States Gov- ernment 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 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 Gov- ernor, or acting Governor of this Commonwealth, by conveyance, or deeds in writing under his hand and the seal of the State, to transfer, 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 winch Fort Nelson was erected as aforesaid con- taining by estimation Eighteen acres; subject nevertheless to ail the restrictions, limitations and provisions as are set forth and contained in the act passed on the first day of March Eighteen hundred and twenty-one entitled 'An act ceding to the United States the lands on Old Point Comfort, and the shoals called the Kip Baps. 7 " It seems that by an act 6f the State Legislature approved February 27, 1833, jurisdiction over the lands described in the deed marked No. 2 (supra) was ceded to the United States for " Naval- Hospital " pur- MILITARY RESERVATIONS, ETC. 253 poses. The land described in deed marked No. 1 (supra) seems to have been turned over to the proper authorities for a naval hospital condi- tionally. FORT NORFOLK. This reservation contains an area of 4-V^- acres, and is situated on the Elizabeth River near Norfolk, in Norfolk County. The title is as follows : Deed from Edward Pool and wife to the United States, dated May 21, 1795, conveying 1 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, 17;!4, as follows: " 1. Be it enacted, etc., That it shall and may be lawful for the Presi- dent 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." 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, to the United States, dated April 3, 1808, conveying 8.13 acres of land. Deed 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 laud with appraisement, and appointment of Bradley T. Johnson as Special Commissioner to convey, etc., in the cause of George Vickers, 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. Decree tiled with the record in the Clerk's Office of said District Court. 2. Deed from J. Wesley Friend, Special Commissioner, to the United States, dated April 30, 1877, conveying 0.0919 of an acre of land. Deed recorded in the Clerk's Office of the Dinwiddie County Court October 19, 1877, in Deed Book No. 14, page 428. 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. Decree 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, to the United States, dated April 30, 1877, conveying 0.5019 of an acre of land and right of way. Deed recorded in the Clerk's Office of the Dinwiddie County Court October 19, 1877, in Deed Book No. 14, page 429. Decree of Condemnation of the above laud, 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. Rebecca D. Flower et al., in the Circuit Court of Dinwiddie County, October Term, 1876. Decree rendered at said Term, aud filed with the record in the Clerk's Office of said Court. 254 MILITARY RESERVATIONS, ETC. HOODS. (Fort at.) This reservation contains an area of 10 acres, and is situated on the south bank of the James River between Woods Greek and Flower de Hundred Creek, in Prince George County. The title is as follows: 1. Deed from Sarah Peter et al. to the United States, dated April 25, 1808, conveying 10 acres. Deed 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. to the United States, dated October 16, 1812, conveying a spot 30 feet square, heretofore reserved as a family burial ground. Deed recorded in the Clerk's Office of the Quarter Sessions Court. (See Book of Deeds, Vol. 1, p. 286.) RICHMOND NATIONAL CEMETERY. This reservation contains an area of 8 acres, also right of way, and is situated on the Williainsburg Turnpike road near Richmond, in Henrico County. The title is as follows : 1. Deed from William Slater and wife to the United States, dated July 29, 1867, conveying 3 acres of land. Deed recorded in the Clerk's Office of the Henrico 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 Virginia. Decree 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., to the United States, dated July 10, 1868, conveying 5 acres of land. Deed recorded in the Clerk's Office of the Heurico County Court, April 8, 1861), in Book No. 85, page 326. 3. Deed from the Board of Supervisors of the County of Henrico to the United States, dated May 21, 1887, conveying a strip of land 6,010 feet in length by 100 feet in width for a road and right of way, hereto- fore 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 pur suance of a resolution of said Board entered May 7, 1887. Deed recorded in the Clerk's Office of the Henrico County Court, June 17, 1887. The above-described road acquired under and by virtue of an Act of Con- gress, approved February 28, 1887. 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 to the United States, dated April 24, 1867, conveying 1.3 acres of land. Deed recorded in the Clerk's Office of the Heurico County Court September 21, 1868, in Book 84, page 501. MILITARY RESERVATIONS, ETC. 255 2. Deed from Richard Billiard to the United States, dated May 1, 1873, conveying 9,200 square feet of land. Deed recorded in the Clerk's Office of the Henrico County Court May 1, 1873, in Book 91, page 446. 3. Deed from James Kelly to the United States, dated September 8, 1875, conveying 1,380 square feet of land. Deed recorded in the Clerk's Office of the Heurico County Court September 10, 1875, in Book 96, page 239. SHERIDANS POINT. This reservation contains an area of 90 acres 2 Koods and 2 Perches of land, including about 3 acres and 1 perch lying between ordinary high tide and ordinary low tide, and is situated on the Potomac River, in Mount Yernon District, in Fairfax County. The title is as follows: Decree of Condemnation for above land 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 Eastern District of Virginia. Decree 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. Jurisdiction was ceded to the United States by an act of the State Legislature, approved February 29, 1892, which act is as follows: AN ACT to authorize the United States government to acquire title to and jurisdiction of a tract of land in the County of Fairfax, at Sheridan's Point, on the Potomac river, for a site for fortifications and coast defenses. " 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 con- sent of this Commonwealth be, and is hereby given to the acquisition of said title, and when the same shall have been acquired 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 gov- ernment shall have all lawful power and control over the same, as is specified in the seventeenth clause of eighth section of the first article of the Constitution ot 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 fortifications, 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 license tax is required by the State of Virginia is followed or pursued, the same shall be liable to such license taxation : and provided further, that if any buildings be erected within such area for purposes disconnected 256 MILITARY RESERVATIONS, ETC. 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 prop- erty 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." 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. to the United States, dated September 30, 1868, conveying 1.1463 acres of land. Deed recorded in the Clerk's Office of the County Court of Augusta County, May 22, 1869, in Book No. 84, pages 459 and 460. WILLOUGHBY SPIT. (Land 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 Nor- folk 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 Virginia. Decree rendered October 16, 1891; made final November 16, 1891, and tiled 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: "AN ACT to authorize the United States government to acquire title and jurisdiction to a tract of land in the County of Norfolk, at Willoughby Spit, for site for fortifications and coast defences. "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 Willoughby Spit, in the County of Norfolk, embracing about fifty acres of land, for the purpose of locating, constructing and prosecuting works for fortifications and coast defences j Therefore, " 1. Be it enacted by the general assembly of Virginia, That the consent of this Commonwealth be, and is hereby, given to the acquisition 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 have 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 Stiates. "2. This state retains jurisdiction over the said tract of laud in all MILITARY RESERVATIONS, ETC. 257 matters relating to the violation of tue laws of the state, to the execu- tion and service of all processes issued by or from the courts, 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 right- ful authority of the United States thereby acquired or to be acquired under this act. "3. The said land and privileges hereby ceded, and the fortifications, 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." 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 to the United States, dated December 1, 1870, conveying nearly 5 acres of land. Deed recorded in the Office of the Clerk of the corporation 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 Kip Raps. (See title " Fort, Monroe.") YORKTOWN (MONUMENT AT). This reservation contains an area of about 10.34 acres, and is situ- ated at Yorktowii, in York County. The title is as follows: Deed from William W. Old, Special Commissioner, to the United States, dated October 19, 1881, conveying the above land. Deed 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 Rich- mond, in the cause wherein The Dismal Swamp Laud Company and others were plaintiffs and Robert Anderson's personal representatives mid others defendants. Sale ordered and Wm. W.Old appointed 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 205 17 258 MILITARY RESERVATIONS, ETC. 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, seventeen 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 laud 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 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. The State of Virginia retains concurrent jurisdic- tion with the United States over the aforesaid tract, so that courts, magistrates, and officers of the State may take such cognizance, exe- cute such process, and discharge such other legal functions within the aforesaid tract as may not be incompatible with the consent hereby given. "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." YORKTOWN NATIONAL CEMETERY. This reservation contains an area of 3 acres, and is situated at York- town, in York County. The title is as follows: 1. Deed from Frederick W. Power and wife to the United States, dated March 10, 1868, conveying 15.721 acres of land. Deed recorded in the York County Court Clerk's Office October 19, 18G8, in Deed Book 17, page 180. 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 Eichmond, and also as above in the Clerk's Office of the York County Court. 2. Deed from Lot Wolf and wife et al. to the United States, dated February 8, 1875, conveying 8 feet of land on the North, East, and South sides of the Cemetery. Deed recorded in the York County Court Clerk's Office April 4, 1875, in Book 18, page . Decree of Condemnation of same land rendered and made final May 4, 1875, in the District Court of the United States for the Eastern Dis- trict of Virginia, and recorded in the Clerk's Office of said Court at llichmond, and also as above in the Clerk's Office of the York County Court. WASHINGTON, ADMIRALTY HEAD. (Land at.) This reservation contains an area of 123 acres, and is situated on Admiralty Head along the waters of Admiralty I M let. in Island County, being the southern portion of Lot 1, and all of Lot 2, Section 21, the southern portion of Lot 1, all of Lots 2 and 3, and the western portion MILITARY RESERVATIONS, ETC. 259 of Lot 4, Section 22, excepting that portion of Lot 3 and the western portion of Lot 4 heretofore conveyed to the United States and known as the Light-House Eeserve all in Township 31, North of Range 1 East, W. M. The title is as follows: Deed from John C. Kellogg to the United States, dated April 20, 1897, conveying above property. Deed recorded in Vol. 20, page 119, of the deed records of Island County. The purchase of the above land was authorized by the Secretary of War October 26, 1896. Jurisdiction was ceded to the United States by Acts of the State Legislature approved January 23, 1890, and February 24, 1891, which Acts provide as follows : "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 individuals, bodies politic or corporate, within the boundaries of the State, for the purpose of erecting and maintaining thereon armories, arsenals, forti- fications, magazines, navy-yards, dock-yards, custom-houses, light- houses and other needful public buildings or establishments whatso- ever; 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 here- after be reserved by the said government, out of any public land belong- ing 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 iu 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. "SEC. 2. In order to facilitate the operations of the government of the United States in the defense and proper lighting of the coasts of this State, and in continuing works of public improvement undertaken by the United States, this act shall take effect immediately upon its passage." (Act approved January 23, 1890.) "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 pri- vate 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, 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 260 MILITARY RESERVATIONS, ETC. 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 laud so acquired may lie, and in like man- ner may be recorded a sufficient description by metes and bounds, courses and distances, of any tract or tracts, legal divisions or subdi- visions of any public land belonging to the United States which may be set apart by the general government for any or either of the pur- poses 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 provided, and the jurisdic- tion 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 govern- ment 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 com- mitted, or for any cause of action or suit accruing without the bounds of any 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 purposes before mentioned, shall be held exempt from taxation by the State of Washington." (Act approved February 24, 1891.) FORT CANBY (CAPE DISAPPOINTMENT). This reservation contains an area of about 588.02 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 Colum- bia River, lying south of MII east and west subdivisional line, which line lies 20 chains south of the Township line between Townships 9 and 10, North of Eange It West, Willamette Meridian. The Light- 1 louse reservation (embraced within these limits), set apart by the President December 27, 1859, includes the whole of Lot No. 4, Section 9, of said Township, and contains 48 acres, which being deducted leaves the military reservation as first above stated. 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, 18(J.'{. Name of post changed from " Fort Cape Disappointment r to "Fort Canby" by G. O., A. G. ()., 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 follows: " SECTION 1. The consent of the State of Washington is hereby given to the exercise by the Congress of the United States of exclusive 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, magazines, arse nals, dockyards, light-houses, and other needful buildings, in accord- ance 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 MILITARY RESERVATIONS, ETC. 261 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." CANOE ISLAND. This reservation contains an area of 43.10 acres, and is situated in San Juan County, in tlie Haro Archipelago, in what is called Upright Channel. The reservation includes the whole Island, its boundaries being limited by the ineanderings 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, under title of "Fort Canby," and act of the State Legis- lature approved February 24, 1891, under the title u Admiralty Head. 7 CHALLAM POINT. This reservation is situated in Jeflerson County, in Township 30, North of Eange 2 West, on the west 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 614 acres. For jurisdiction see Section 1, Article 25, Constitution of tlie State of Washington, under the title of " Fort Canby," and act of the State Legislature approved February 24, 1891, under title " Admiralty Head." CHALLAM POINT. (Land opposite to.) This reservation is situated in Jeflerson County, in Township 30, North of liauges 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 637 acres. For jurisdiction see Section 1, Article 25, Constitution of the State of Washington, under title of " Fort Caiiby," and act of the State Legis- lature approved February 24, 1891, under title "Admiralty Head." CHINOOK POINT. This reservation contains an area of 643J acres, and is situated in Pacific County, on the north bank of tlie Columbia lliver, being apart of Sections 15, 16, 17, and 21, in Township 9, North of liauge 10 West. The title is as follows: 1. Deed from Henry K. Stevens, Administrator, etc., to the United 2G2 MILITARY RESERVATIONS, ETC. States, dated May 24, 1864, conveying the above tract. Deed recorded in Book B, page 108, etc., of the deed records of Pacific County, March 13, 1867. 2. Quit Claim Deed from Solomon B. Treble and Mary Preble, his wife, to the United States, dated March 7, 1864, releasing right of dower held by Mary Preble as widow of Kocque Ducheney. Deed recorded in Book B, page 170, etc., of the deed records of Pacific County, March 13, 1867. For jurisdiction see Act of the State Legislature approved January 23, 1890, for which see title "Admiralty Head." DECEPTION PASS. (North side of.) This reservation is situated in Island County, in Township 34, North of 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, under the title of "Fort Canby," and the act of the State Legislature approved February 24, 1891, under title of "Admiralty Head." DECEPTION PASS. (South side of.) This reservation is situated in Island County, in Township 34, North of Eange 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 disposed of prior to the date of the above order. For jurisdiction see Section 1, Article 25, of the State Constitution of Washington, under the title of "Fort Canby," and the act of the State Legislature approved February 24, 1891, for which see "Admiralty Head." DOUBLE BLUFF. This reservation is situated in Island County, being fractional sec- tions 26, 27, 28, and Lots 4 and 5, Section 22, of Township 29, North of Range 2 East, opposite Foulweather Point. 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 Department the area was reduced to 633.3 acres, and afterward to 626.25 acres. It is possible that this latter area maybe 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 MILITARY RESERVATIONS, ETC. 263 State of Washington, under the title " Fort Canby," and act of the State Legislature approved February 24, 1891, under the title "Admiralty Head." FOULWEATHER POINT. This reservation is situated in Kitsap County, on the east side of the entrance to Hoods Canal, in Township 28, North of Kanges 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 602.20 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, Constitution of the State of Washington, under title of " Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admiralty Head." GOOSE ISLAND. This reservation 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, Eange 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, under title of " Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admiralty Head." HOODS HEAD. This reservation is situated in Kitsap County, on the west side of the entrance to Hoods Canal, in Township 28, North of Range 1 East. It was declared by Executive Qrder 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 614.25 acres. It is possible that this latter area maybe 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, under title of " Fort Canby," and act of the State Legislature approved February 24, 1891, under the title "Admiralty Head." POINT WILSON. (Jefferson County, lands in.) This reservation is as yet (January 1, 1898) incomplete and the total area can not be given. It is situated in Jefferson County, at Port Townsend. The title, so far as acquired, is as follows: 1. Deed from George Pitman and wife to the United States, dated November 24, 1896, conveying the SE. J of SW. and the E. of the SW. J of the SW. J of Section 17, Township 30, North of Range 1 264 MILITARY RESERVATIONS, ETC. East, containing 60 acres. "Deed recorded in Vol. 36, page 228, of the deed records of Jefferson County. 2. Deed from Ann D. Starrett and husband et al. to the United States, dated July 2, 1897, conveying Lots 3 and 4 and SW. J of NE. J and W. J of SE. J of Section 17, Township 30, North of Range 1 East, containing 172 acres of land. Deed recorded in Vol. 47, page 271, of the deed records of Jefferson County. Deed made in accordance with a Decree of Condemnation for said land in the United States Circuit Court for the District of Washington, Northern Division, wherein the United States, etc., were plantiffs 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. 3. Deed from Francis W. James to the United States, dated April 14, 1897, conveying a tract of 2.06 acres in fractional Section 35, Town- ship 31, North of Eange 1 West. Deed recorded in Vol. 36, page 264, of the deed records in Jefferson County. 4. Deed from Samuel B. Hamed to the United States, dated May 6, 1897, conveying Lot 3 of Section 35, Township 31, North of Kange 1 West, containing 1.38 acres. Deed recorded in Vol. 36, page 263, of the deed records of Jefferson County. 5. Deed from T. B. Wilcox and wife to the United States, dated June 5, 1897, conveying 3.60 acres in Lot 3 of fractional Section 35, Township 31, North of Range 1 West. Deed recorded in Vol. 36, page 264, of the deed records of Jefferson County. 6. Deed from Louisa Stall to the United States, dated April 17, 1897, conveying Block 52 of the San Juan de Fuca addition to the City of Port Towusend. Deed recorded in Vol. 36, page 267, of the deed records of Jefferson County. 7. Deed from Mary Thompson and husband et al. to the United States, dated June 14, 1897, conveying Block 42 in same addition, etc. Deed recorded in Vol. 47, page 295, of the deed records of Jefferson County. 8. Deed from Walter C. Smith and wife to the United States, dated June 17, 1897, conveying Blocks 32 and 34 of same addition, etc. Deed recorded in Vol. 47, page 293, of deed records of Jefferson County. 9. Deed from the Sturrett Estate Company to the United States, dated May 8, 1897, conveying Block 54 in same addition, etc. Deed recorded in Vol. 47, pages 366-367, 6*f the deed records of Jefferson County. For jurisdiction see Acts of the State Legislature approved January 23, 1890, and February 24, 1891, under the title "Admiralty Head." 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 of Kauge 2 West, extending between and including within its limits both Flat Point and Upright Point. 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, of the Constitution of the State of Washington, under the title of "Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admiralty Head." MILITARY RESERVATIONS, ETC. 265 LOPEZ ISLAND. (Southwest portion.) This reservation contains an area of 599.30 acres and is situated in San Juan County, in Township 34, North of 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, under title of "Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admiralty Head." MARROWSTONE POINT. This reservation is situated in Jefferson County, in Township 30, North of Ranges 1 East and 1 West, at the entrance to Port Townsend and Admiralty Inlet. It was declared by Executive Order dated Sep- tember 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 Avas reduced to 590 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. In addition to the above, the N. J of the SW. J of Section 17, and that part of Lot of Section 18, Township 30, North of Range 1 East, Willa- mette Meridian, not embraced in the order of September 22, 1866, was, by Executive Order dated November 14, 1896, added to the Marrow- stone Point Reservation, the addition being estimated as containing an area of 58 acres. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under title "Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admiralty Head." NEE-AH HARBOR. (East side of.) This reservation contains an area of 398 acres and 3 roods, 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, under the title of "Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admi- ralty Head." NEE-AH HARBOR. (West side of.) This reservation contains 381 acres and 1 rood, 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 266 MILITARY RESERVATIONS, ETC. Washington, under the title of "Fort Canby," and act of the State Legislature approved February 24, 1891, under the title of " Admiralty Head." NEW DUNGENESS HARBOR. (Lands on north side of.) This reservation is situated in Clallain County, in Township 31, North of Kange 4 West, on the north side of New Dungeness Harbor, embrac- ing 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, under the title " Fort Canby," and act of the State Legislature approved February 24, 1891, under the title "Admiralty Head." NEW DUNGENESS HARBOR. (Lands on south side of.) This reservation is situated in Clallam County, in Township 31, North of Ranges 3 and 4 West, on the south side of New Duugeness 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. For jurisdiction see Section 1, Article 25 of the Constitution of the State of Washington, under title " Fort Canby," and act of the State Legislature approved February 24, 1891, under the title of "Admiralty Head." POINT DEFIANCE. This reservation contains an area of about 637.09 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 military 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 637.09 acres. 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, under the title of "Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admi- ralty Head." PORT ANGELES. This reservation contains an area of about 473.25 acres, and is situ- ated in Clallarn County, lying on the south and west sides of Port Angeles Harbor. It was declared by Executive Order dated July 19, 1862, which was afterwards revoked by the President, but was reserved again by Execu- tive Order dated March 10, 1865, under an Act of Congress approved March 3, 1863. This reservation seems to include the present town of MILITARY RESERVATIONS, ETC. 267 Port Angeles. The records show acts of ownership by the Government as late as May 8, 1895, in issuing a revocable license for the use of the reservation. For jurisdiction see Section 1, Article 25 of the Constitution of the State of Washington, under the title of "Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admi- ralty Head." PROTECTION ISLAND. (Land opposite to.) This reservation is situated in Jefferson County, in Township 30, North of Range 1 West, opposite to Protection Island. It was declared by Executive Order dated September 22, 186G. 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 624.25 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, under the title of "Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admi- ralty Head." PUGET SOUND. (At narrows of.) This reservation contains an area of 633 acres, and is situated in King County, being the south end of Vashoru Island. It was set apart from the public domain and reserved 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, under the title of " Fort Canby," and act of the State Legislature approved February 24, 1891, under title of "Admi- ralty Head." SAN JUAN ISLAND. (Northeast point of.) This reservation contains an area of 508.33 acres, and is situated in San Juan County in Sections 1, 2, 11, 12, and 13, in Township 35, North of 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 found to be in the United States at date of order, the area was designated by the War Depatment as above noted. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under the title of " Fort Canby," and act of the State Legislature, approved February 24, 1891, under title of "Admi- ralty Head." 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 of Kange 2 West, Willamette Meridian, and includes Cattle Point, Rocky Peninsula, Neck Point, and Mount Fiulayson. 268 MILITARY RESERVATIONS, ETC. 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. J of NE. J and SE. J of NE. i of Section 7 ; and Lots 1, 2, 3, 4, 5, 6, and 7, and S W. J of N W. J, 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, under title of "Fort Canby," and act of the State Legislature, approved February 24, 1891, under title of "Admi- ralty Head." SHAW ISLAND. (Eastern side of.) This reservation contains an area of 594.90 acres, and is situated in San Juan County, in Township 36, North of 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 Department as above stated. For jurisdiction see Section 1, Article 25, of Constitution of the State of Washington, under title of "Fort Cauby," and act of the State Leg- islature, approved February 24, 1891, under the title "Admiralty Head." SHAW ISLAND. (Western side of.) This reservation contains an area of 515.30 acres and is situated in San Juan County, in Township 36, North of Range 2 West, and includes George Point and Neck Point on the western shore of the Island. It was set apart from the public domain and reserved for military purposes by Executive Order, dated J uly 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 Department as above stated. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under the title " Fort Cauby," and act of the State Legislature, approved February 24, 1891, under title of "Admiralty Head." FORT SPOKANE. (Old site.) This reservation contains an area of 640 acres, and is situated in Township 28, North of 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 afterwards modified by Order, dated November 17, 1887, excepting from reserva- tion 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, under the title " Fort Canby," and act of the State Legislature, approved February 24, 1891, under title of "Admiralty Head." MILITARY RESERVATIONS, ETC. 269 FORT SPOKANE. (New site.) This reservation contains an area of 1,022.80 acres, exclusive of the right of way of the Seattle, Lake Shore and Eastern Kailroad, and also exclusive of the right of way of the St. Paul, Minneapolis and Mani- toba Railroad (Great Northern), and is situated in Spokane County, near the City of Spokane. 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 to the United States, dated October 31, 1895, conveying by rnetes and bounds a tract containing the above acreage, after excepting the right of way for the two roads named. Deed recorded in Vol. 41, page 124, of the deed records of Spokane County. For jurisdiction, see Acts of the State Legislature, approved January 23, 1890, and February 24, 1891, under the title of "Admiralty Head." SUCIA 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 Sec- tions 23, 24, 25, and 26, of Township 38, North of Eange 2 West, Willa- mette Meridian. The Islands were originally reserved by Executive 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, 1S96, 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 February 24, 1891, under the title "Admiralty Head." TALA POINT. This reservation is situated in Kitsap County, on the west side of the entrance to Hood's Canal and southwest from Double Bluff Military Heservation, in Township 28, North of Kange 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 United States. Upon final designation by the War Department the area was reduced to 615.25 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, under title of " Fort Canby," and act of the State Legislature, approved February 24, 1891, under title "Admiralty Head." THREE TREE POINT. This reservation contains an area of 640 acres, and is situated in Wahkiakum County, in Township 9, North of Kange 7 West, on the right bank of the Columbia Eiver, nearly opposite the east end of Wood 270 MILITARY RESERVATIONS, ETC. Island. Forming part of the public domain, it was set apart and reserved for military purposes by Executive Order dated July 31, 18G5. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under title of " Fort Canby," and act of the State Legislature, approved February 24, 1891, under title "Admiralty Head." TWO ISLANDS. (Deception Pass.) These two islands are situated east of Deception Pass, in Island County, in Township 34, North of Range 2 East. They were declared by Executive Order, dated September 22, 1806. The order reserved G40 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 140 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, under the title of "Fort Canby," and act of the State Legislature, approved February 24, 1891, under title "Admiralty Head." VANCOUVER BARRACKS. This reservation contains an area of 639.54 acres, and is situated on the right bank of the Columbia Kiver, 120 miles from its mouth and 5 miles west of its confluence with the Willamette liiver, in Clarke County. A reserve 10 miles square was made here by an Order of the Secre- tary 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, denned the limits of said reservation, including an 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 published 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, Headquarters Department of the Columbia, October 12, 1875, giving the area as first above set out, the reduction being the forty-six one hundredths of an acre set apart under an act of Congress approved August 14, 1848, to the lioman 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. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under the title of "Fort Canby," and act of the State Legislature, approved February 24, 1891, under title "Admiralty Head." VANCOUVER POINT. This reservation is situated in Jefferson County, in Townships 29 and 30, North of Kange 2 West, on the west side of Port Discovery. It was declared by Executive Order, dated September 22, 1866. This order reserved 640 acres if the title should be found to be in the United MILITARY RESERVATIONS, ETC. 271 States. Upon final designation by tlie 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 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, under the title of "Fort Canby," and act of the State Legislature, approved February 24, 1891, under title "Admiralty Head." WAADAH ISLAND. This reservation contains an area of about 29 acres, and is situated in Olallam County, on the east side of Neeah Harbor, near the entrance to the strait of Juan De Fuca; was set apart from the public domain and declared a reservation 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, under the title "Fort Canby," and act of the State Legislature, approved February 24, 1891, under title "Admiralty Head." FORT WALLA WALLA. This reservation contains an area of G12.933 acres, and is situated 1 mile from Walla Walla, in Walla Walla County, in Township 7, North of Kange 30 West. This reservation was declared by Executive Order dated May 7, 1859. By an act of Congress approved February 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 dis- posing of reservation was suspended upon request of the Secretary of War, owing to mistake in the act passed February 24, 1871. The Sec- retary of War, by an order dated July 10, 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 reserva- tion to the Interior Department. The Interior Department having turned over the reservation of Fort Walla Walla to the W T ar Depart- ment, it was again announced as a reservation for military purposes by General Orders No. 24, Headquarters Department ot the Columbia. 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 relinquished also 20.428 acres of the military reservation, leaving the area as first above stated. The boundaries of the reservation were announced, as contracted, June 21, 1880, and on April 4, 1882, order rescinded, and present bound- aries established and announced by General Orders, No. 8, Department of the Columbia. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under the title of "Fort Canby," and act of the State Legislature, approved February 24, 1891, under title of "Admiralty Head." WASHINGTON HARBOR. (East side of.) This reservation is situated in Clallam County, in Township 30, North of Kange 3 West, on the east side of the entrance to Washing- ton Harbor, It was declared by Executive Order dated September 22, 272 MILITARY RESERVATIONS, ETC. I860. The order reserved G40 acres if the title should be fouiid to be in the United States. Upon final designation by the War Department the area was reduced to 404 acres, excluding lands embraced in dona- tion claim of George H. Gerrish, per Executive Order of January 9, 1893. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under the title of *' Fort Ganby," and act of the State Legislature, approved February 24, 1891, under title of "Admi- ralty Head." WASHINGTON HARBOR. (West side of.) This reservation is situated in Glallam Gouuty, in Township 30, North of Hange 3 West, on the west side of the entrance to Washington Harbor. It was declared by Executive Order dated September 22, 1860. 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 GL4 acres. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under the title of "Fort Canby," and act of the State Legislature, approved February 24, 1891, under title "Admi- ralty Head." WHIDHEYS ISLAND. (North point of.) This reservation is situated in Island County, in Township 34, North of .Ranges 1 and 2 East, it being the most northerly point of the Island. It was declared Ity 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 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 or the above order. For jurisdiction see Section 1, Article 25, of the Constitution of the State of Washington, under the title of "Fort Caiiby," and act of the State Legislature, approved February 24, 1891, under title "Admi- ralty Head." WEST VIRGINIA. GRAFTON NATIONAL CEMETERY. This reservation contains an area of 3.40 acres and is situated at Grafton, in Taylor County. The ti,tle is as follows: 1. Decree of Condemnation for the above property in Ex partc Jedediah W. Yates et al. in the District Court of the United States for the District of West Virginia. Decree rendered March 30, 1871, and filed with the record in said cause in the Clerk's Oilice of said Court at Clarksburg. 2. Deed from William D. Mackin and wife et al. to the United States, dated October 26, 1874, conveying above property. Deed recorded in Liber 12, folio 323, etc., of the deed records of Taylor County. 3. Deed from William 1). Mackin and wife to the United States, dated June 21, 1878, conveying a strip of land around the cemetery contain ing 6,994 square feet of ground. Deed recorded in Book 14, page 187, etc., of the deed records of Taylor County. No cession of jurisdiction. MILITARY RESERVATIONS, ETC. 273 WISCONSIN. FOREST HILL CEMETERY. (Soldiers' lot.) This reservation includes a certain burial lot known as the "Soldiers 7 Rest," in Section 29, in the " Forest Hill Cemetery," of the City of Madi- son, in Dane County. The title is as follows: Deed from the City of Madison to the United States, dated June 18, 18(><>, conveying the above property. Deed recorded in Vol. 1, page 28G, of the deed records of the Forest Hill Cemetery at Madison. 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 Mil- waukee, and situated in the Town of Lake, fronting on the Plank Road leading from Milwaukee to Janesville, in Milwaukee County. The title is as follows: Deed from The Hector, Wardens, and Vestrymen of St. Paul's Church in the City of Milwaukee to the United States, dated November 11, 1872, conveying the above property. Deed recorded in Vol. 129, page 121, etc., of the deed records of Milwaukee County. 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 Racine. The title is as follows : Deed from the City of Racine to the United States, dated May 22, 18G8, conveying the above property. Deed 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. 02, in Prairie du Chien Land Company (addition) No. 1, at Prairie du Chien, in Craw- ford County. The title is as follows: Deed from John S.Lockwood, Proprietor, to the United States, dated June 18, 18G6, conveying the above property. Deed recorded in Book 21, page 427, of the deed records of Crawford County. 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 Executive Order dated March 13, 1854, included fractional Sections 20, 27, 28, and 29, of Township 49, North of Range 13 West of the fourth Principal Meridian. It was at that date supposed to be unappropriated public laud. Upon the recommend'ation of the War Department the Presi- 205 18 274 MILITARY RESERVATIONS, ETC. dent, 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 v. Joseph A. Bullen (involving a por- tion of said reservation), wherein the Honorable 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 frac- tional Section 20 and whatever is left of fractional section 28 after eliminating Lots 1 and 2. WYOMING. FORT D. A. RUSSELL. This reservation contains an area of 7,052.64 acres, including the wood reserves (originally reserved for Forts Sanders, D. A. Kussell, and Cheyenne Depot). The fort adjoins the City of Cheyenne, in Lanimie County, and comprises part of Township 14, North of .Range 67 West, and contains 4,512 acres, and was set apart from the public domain and reserved for military purposes by Executive Order dated June 28, 1869. The wood reserve, containing about 2,540.64 acres, was set apart and reserved for military purposes by Executive Orders dated November 4, 1879, and February 25, 1880. The above area of the Fort was reduced by the transfer to the City of Cheyenne of 160 acres under an act of Congress approved March 2, 1895. Jurisdiction was ceded to the United States by the State of Wyo- ming by an act of the State Legislature approved February 17, 1893, which act 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, included within the limits of the United States mili- tary reservations known as Fort D. A. Eussell, Fort McKinney and Fort Washakie, Camp Sheridan, and Camp Pilot Butte, and the United States Powder 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 estab- lished for the common defence, saving, however, to the said State, the right to serve civil or criminal process within the limits 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 corporations, their franchises and property, on said lands hereby ceded." PILOT BUTTE CAMP. (Subpost to Fort Douglas.) This reservation has not been denned by metes and bounds; is a subpost of Fort Douglas, and is situated near liock Springs, in Sweet- water County. For cession of Jurisdiction see Fort I). A. llussell. MILITARY RESERVATIONS, ETC. 275 FORT FRED. STEELE. (Cemetery.) This reservation was formerly 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, 1880.) The Cemetery is situ- ated in Carbon County, near the site of the post. FORT WASHAKIE. This reservation contains an area of 1,405 acres, and is situated in Fremont County, on the Union Pacific Railroad. Forming a part of the Shoshone Indian Reservation, it was declared a military reserva- tion and its limits defined by Executive Order dated May 21, 1887, with the following proviso: "The use and occupancy of the land in question be subject to such right, title, and interest as the Indians have in and to the same, and that it be vacated whenever the interest of the Indians shall require it, upon notice to that effect to the Secretary of War.' 7 For cession of Jurisdiction see Fort D. A. Russell. FORT YELLOWSTONE. This reservation, formerly Camp Sheridan, contains an area of 28 acres, which includes 5.5 acres set apart for Hospital site. It is situ- ated on Beaver Creek, 8 miles from Cinnabar, on Yellowstone Park line of Northern Pacific Railroad, within the limits of the Yellowstone National Park. The reservation of 22.5 acres was set aside by the Secretary of the Interior for use of military authorities February 27, 1891, and the additional reservation of 5.5 acres for Hospital site May 11, 1893. Exclusive jurisdiction in the United States was reserved by Congress in establishing the Yellowstone National Park. (For act of the State of Wyoming ceding Jurisdiction to the United States see Fort D. A. Russell.) NOTE. The following reservations, not being within the scope of this work, are omitted, viz : National Home for Disabled Volunteers (seven in number); also the following National Parks: General Grant, Sequoia, and Yosemite, in California, and the Yellowstone, in Wyoming. The Leavenworth Mili- tary Prison, at Fort Leaven worth", Kans. Land in Westmoreland County, Va., for monument marking birthplace of Washington, and land in Frederieksburg, Va., for monument to Mary, mother of Wash- ington. APPENDIX. EMINENT DOMAIN. Eight in the State. The right to take property, for public uses, is inher- ent in government. The State possesses this right as one of the rights of sovereignty. (Gilmer v. Lime Point, 18 Cal., 229.) A "fort" is an object of "public use," and a State maj 7 , for its own purposes, condemn land for a fort, or may authorize the land to be con- demned for such purposes, for and on behalf of the general government. (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 creation of State governments. (See Trumbley v. Humphry, 23 Mich., 417.) 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 any corporation or individual who shall comply with the terms upon which the right is given. (Moran v. Koss, 79 Cal., 159. See also 23 Mich., 471, supra.) How far poirer of State restricted. The right of eminent domain over the shores and the soil under the navigable waters, for all municipal purposes, belongs exclusively to the States within their respective terri- torial jurisdictions, and they, and they only, have the constitutional 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. (Ibid.) Power of the Federal Government. In the new Territories, where the government of the United States exercises sovereign authority, it pos- sesses 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 general govern- ment may deem it important to appropriate lands or other property for its own purposes, and to enable it to perform its functions 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 authority, as well within the States as within the territory under its exclusive 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 absolute necessity that the means in the government for performing its functions and perpetuating its 276 MILITARY RESERVATIONS, ETC. 277 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 Con- stitutional 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 govern- ment 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 of opinions.) 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; but not when all jurisdiction is expressly reserved by the State. (Vol. 8, p. 30, Opinions Attorneys General. Seabrook's Island Case. See Truin- bly v. Humphry, 23 Mich., 417, and authorities cited per contra as to proposition first above stated.) Hoiv 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. llep., 367.) For what purposes private property taken Right in United States can not be enlarged or diminished by State When consent of State needed. It is a right belonging to a sovereignty to take private property 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 consent 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. (Ibid.) Query. Should the United States proceed to make title to lands in one of the States by expropriation, as of the eminent domain of such State, would not the requirements of the Statute of such State, gov- erning the subject, have to be strictly complied with? An exposition of the right of. The powers vested by the Constitution in the general government demand for their exercise the acquisition 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 prop- erty 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, ad the government is dependent for its practical 278 MILITARY RESERVATIONS, ETC. existence upon the will of tbe State, or even upon that of a private citi- zen. This can not be. No one doubts the existence in the State gov- ernments of the right of eminent domain a right distinct from and paramount to the right of ultimate 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 funda- mental 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 author- ize 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. (Trumbley 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 citizens 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, and erect light-houses may in the exercise of its eminent domain, by observing the constitutional require- ments 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 creation of State governments. The right of eminent domain in any sovereignty exists only for its own purposes; and to furnish machinery to the gen- eral government for it to appropriate lands for national objects is not among the ends contemplated in the creation of the State government. (Jbid.) Consent of State not a condition precedent. The consent of a State is not a condition precedent to the taking of lands by the general gov- ernment. Its consent is required only for the purpose of a transfer of jurisdiction. (Ibid. See, also, Darlington v. United States, 82 Peiin. St. Rep., 382; and Kohl v. United States, 91 IT. S., 367.) Private property caii only be taken for public use, and whether or not a use is public is a question for the court. (Ibid. See, also, matter of Deansville Cemetery Association, 66 New York, 569; and matter 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 laud in such State as a- MILITARY RESERVATIONS, ETC. 279 - site for a post-office. (Burt, Petitioner, v. The Merchants' Insurance Company, 100 Mass. Bep., 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 for the pur- pose 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 author- ized 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 Peun. St. Eep., 382, criticises Giliner v. Lime Point, 18 Cal., p. 229, and Burt, Petitioner, v. The Mer-. chants' Ins. Co., 106 Mass., 356, and declares the law to be well stated in Trumbley v. Humphrey, 23 Mich., 471; also in Kohl v. The United States, 91 U. S. Eep., 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 lauds 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 lauds 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 appointment 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 terri- tory 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 of opinion.) The poicer 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 gov- ernment, 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 determined. 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, tlie government of the United States may delegate to a tribunal, created under the laws of a State, the power to fix and deter- 280 MILITARY RESERVATIONS, ETC. mine the amount of compensation to be paid by the United States for private property taken by them in the exercise of their right of eminent domain ; or, it may, if it pleases, create a special tribunal for that purpose. (Ibid.) Rigid of United Mates to make title by expropriation. The United States may lawfully make title to land in one of the States by expro- priation 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 me, 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 government is under an implied obligation to make just compensation to the owner. (The United States /. Great Falls Manufacturing Company, 112 U. S. Rep., p. 645.) Claim of owner for just compensation arises out of implied contract. 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 mean- ing of the Statute defining the jurisdiction of the Court of Claims, although there may have been no formal proceedings for the condemna- tion of the property to public use. (Ibid.) The owner may elect to treat the talcing of hi* property as an exercise of the right and demand compensation. The owner may waive any objec- tion he might be entitled to make, based upon the want of formal pro- ceedings, and electing to regard the action of the government 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 expe- diency of exercising the right of eminent domain in the appropriation ot private property to public uses, the opinion of the legislature 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 ichethcr the specified use is a public use or purpose, or such use or purpose as will justify or sustain the compulsory 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 legisla- tive department. But if tire legislature has declared the use or pur- pose to be a public one, its judgment will 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 property, is final and conclusive. (Dillon's Municipal Corporations, 4th Ed., Vol. 2, Sec. 000.) 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 Vir- ginia on the field, and for fencing the same; and for the purchase, at MILITARY RESERVATIONS, ETC. 281 private sale or by condemnation, of such parcels of land as the Secre- tary of War may deem necessary for the sites of tablets, and for the construction of the said avenues; for determining the leading tactical positions and properly marking the same with tablets of batteries, regi- ments, brigades, divisions, corps, and other organizations, with refer- once 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 right 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 Kail way Company, 160 U. S., 608.) 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 taxa- tion to be exercised for the common defense and general welfare. Hav- ing such powers, it has such other and implied ones as are necessary and appropriate for the purpose of carrying the powers expressly given into effect. Any act of Congress which plainly and 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 exorcise 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 McCullock v. Maryland (4 Wheat., 316, 421), in these words: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appro- priated, which are plainly adequate to that end, which are not pro- hibited, but consist with the letter and spirit of the Constitution, are constitutional." (Ibid., p. 681.) Limited appropriation does not render invalid the laid provided for taking land, quantity 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 tak- ing of the land. The quantity of land which should be taken for such a purpose is a legislative, and not a judicial question. (Ibid., p. 669.) Acquisition of land for national cemeteries. To authorize the acquisi- tion by the exercise of the right of eminent domain, of private land for a national cemetery under Sections 4870, 4871, Revised Statutes, 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 Secretary of War be unable to agree with him as to price. (Dig. Opins. J. A. Genl., p. 528, par. 8.) Appraisement of land for national cemetery, when conclusive upon Secretary of War. The appraisement of land for a national cemetery, as duly finally 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 sec- tion. 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 appraisement on the part of the United States. (Citing Vol.14, p. 27, Opins. Attys.Genl.) (Ibid., p. 526, par. 1.) 282 MILITARY RESERVATIONS, ETC. 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 vested in an executive official of the United States, only by express legislation of Congress. (Dig. Opins. J. A. Genl., pp. 028, 629, par. 8.) No general act of Congress making State courts an agency for condemn- ing lands. Held, that there was no general act of Congress making State courts an agency of the United States for the purpose of con- demning 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. (Dig. Opins. J. A. Genl., p. 383, par. 2.) 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 proceed- ings in the courts of the State with its consent, or by proceedings in the courts of the United States, with or without any consent or concur- rent act of the State, as Congress may direct or permit. (Chappell v. United States, 1GO U. S., 499, 509, and 510. Citing Harris v. Elliott, 10 Pet., 25; Kohl v. United States, 91 U.S., 367; United States v. Jones, 109 U. S., 513; Fort Leavenworth Railroad v. Lowe, 114 U. S., 525, 531, 532; Cherokee Nation V.Kansas Railway, 135 U. S., 641, 656; Monon- gahela 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 * * * u To exercise 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 Government of the United States, and to exercise like authority over all places pur- chased 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." (Par. 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. (Kx parte Siebold, 100 U. S. Rep., 371.) President to procure cession of jurisdiction, etc. The President of the United States is authorized to procure the assent of the legislature of any State, within which any purchase of land has been made for the erection of forts, magazines, arsenals, dock-yards and other needful buildings without such consent having been obtained. (Sec. 1838, U. S. Rev. Stats.) MILITARY RESERVATIONS, ETC. 283 Where United States can exercise a general jurisdiction. Special pro- vision is made in the constitution for the cession of jurisdiction from the States over places where the federal government 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 juris- diction. (New Orleans v. The United States, 10 Peters, p. 737 of opinion.) When jurisdiction limited. When they acquire such lauds in any other way than by purchase with the consent of the Legislature, their exclusive jurisdiction is confined to the erections, buildings and laud used for the public purposes of the Federal Government. (Fort Leaven- worth E. E. 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 assumption of the powers properly conferred upon Congress by the Constitution. (Rail- road Company r. Huseu, 95 U. S., 465.) Cession permitted by the Constitution of the United States. The Con- stitution permits a State to cede to the United States jurisdiction over a portion of its territory. (Benson v. The United States, 14G U. S. Rep., 325.) When conferred by the Constitution. When the United States acquire lands within the limits of a State by purchase, with the consent of the Legislature of the State, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings, the Constitution confers upon them exclusive jurisdiction of the tract so acquired. (Fort Leaven- worth E. E. 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 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 provisions relating to national cemeteries shall be applicable to the same. (Sec. 4882, U. S. Eev. Stats.) Act of Congress powerless to confer Cession must be by State legis- lature. Held, that, notwithstanding the provision in Section 4872, Eevised 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 cession 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., p. 527, par. 2, May 18, 1869. See Vol. 13, p. 131, Opins. Attys. Genl., July 29, 1869.) 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. 284 MILITARY RESERVATIONS, ETC. The mere ownership of the laud does not put the Uuited 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 juris- diction 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 Con- gress 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 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, maga- zines, arsenals, dock-yards, and other needful public buildings." It is therefore thoroughly settled by numerous adjudications that all such Federal jurisdiction, as the Constitution contemplates, 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 Constitution. Phrases in legislative acts of the State retaining concurrent jurisdiction for certain purposes do not impair but confer on the United States the whole juris- diction of the Constitution., that is, rights of Federal legislation coex- tensive with the subject matter. (Vol. 7, p. 628, Opins. Attys. Genl.) Cession of jurisdiction in Florida. The general act of the Florida Legislature, passed June 6, 1855, is a sufficient cession of jurisdiction overland purchased in that State by the Federal Government for public works. (Vol. 9, p. 94, Opins. Attys. Genl.) NOTE. The above seeins rather broad, as jurisdiction is ceded over lands purchased for such purposes as are named in the act. How far Mate 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, Homer & Co. r. Old Point Comfort Hotel Company, 54. Fed. liep., G04.) When Paragraph 17, Section #, Article 1, Constitution of the United States applies Does not apply to land acquired directly from State. Paragraph 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 laud only as provided in the act of cession. (Ibid.) Conditional cession ("Point Peter" Case). The act of the legislature of Georgia approved December 22, 1808, grants jurisdiction to the MILITARY RESERVATIONS, ETC. 285 United States over all lands then acquired, or which may thereafter be acquired by them, for the purpose of erecting forts or fortifications 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 condition 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 forti- fication thereon. (Vol. 18, p. 384, Opins. Attys. Genl.) Can only be acquired by the United States in mode prescribed l)y the Constitution. The right of exclusive legislation within the territorial limits of any state, can be acquired by the United States only in the mode pointed out iu the constitution, by purchase, by 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 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 Rep., 225, 232.) NOTE. The foregoing should not bo so construed as to exclude the idea of a statu- tory cession of jurisdiction. There may l>e a statutory cession of jurisdiction, as in a case where lands within a State are already owned Ly the United States. (See Leaven worth K. K. Co. v. Lowe, 114 U. S., 525.) 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 jurisdiction of all crimes or offenses against the laws of the State, committed within that fort, or its precincts; though it has been garrisoned by the troops of the United States, and held by them since its surrender 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. The foregoing decision was rendered in October, 1819. Since then the 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 Governor exe- cuted a conveyance dated July 8, 1841. (See Fort Niagara.) Rented hinds 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, within thv. terms of the Constitution of the United States, over which the United States have "sole and exclusive" jurisdiction. (United States v. Tierney, 1 Bond, 571, Circuit Court Southern District of Ohio.) Legislative consent to the purchase by the United States establishes the jurisdiction (Fort Trumbull, 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 juris- diction. 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. (Citing 7 Opins. Attys. Geul., 628. Vol. 13, p. 411, Opins. Attys. Genl.) Of State over navigable waters within its limits. A State may exer- cise jurisdiction over navigable waters within its limits and subject 286 MILITARY RESERVATIONS, ETC. persons and property thereon to the civil and criminal jurisdiction of its courts, in the absence of any prohibition in the National Constitu- tion or laws. (People v. Welch, 141 tf. Y., 266.) Constitutional law Jurisdiction of State courts When excluded by the action of Congress. Whenever it is within the power of Congress 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 author- ized. To exclude the jurisdiction of State Courts over matters within their ordinary jurisdiction, the intention of Congress to exercise this power should be distinctly manifested, and the legislation 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. (Citing The People v. Godfrey, 17 Johnson's Hep., 255, and Commonwealth v. Young, Bright's Kep., 302. Vol. 6, p. 577, Opins. Attys. Genl.) Object and legal effect of State's 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 these places from becoming a sanctuary for fugitives from justice for acts done within the acknowledged jurisdiction of the State. (Ibid.) (Cit- ing United States v. Cornell, 2 Mason, p. 60; United States v. Davis, 5 Mason, p. 356; Commonwealth v. Clary, 8 Mass., p. 72, and Mitchell v. Tibbetts, 17 Pickering, p. 298.) Is conferred by the Constitution upon the federal Government over lands within a State acquired by purchase. Exclusive jurisdiction is conferred upon the Federal Government by the Constitution of the United States over land withiii a State acquired by its purchase 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 1 Federal Government but is made to prevent such places from becom- ing sanctuaries for debtors and criminals. (Foley, etc., v. Shriver, etc., 81 Va., p. 568. Citing the following: Fort Leaven worth Kailroad Com- pany v. Lowe, 114 U. S., 525; United States v. Cornell, 2 Mason, 60; Commonwealth v. Cleary, 8 Mass., 72; Mitchell v. Tibbetts, 17 Pickering, 298, and Sinks v. Keese, 19 Ohio State l, p. 577, Opins. Attys. Genl.) When express ter-tnx ceding "Exclusive" jurisdiction must be used. It appears indisputable that all State jurisdiction is not excluded from every parcel of land purchased by the general government 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 unequivocal terms, declare that exclusive jurisdiction is intended and necessary for the proposed use, or at least the purpose stated must be one of which it is manifest that any exercise of co-ordinate or other jurisdiction would be incom- patible there wi th. (In re Kelly, Circuit Court, Eastern District of Wis- consin, 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 r. Shriver, 81 Virginia, 508) decisions mainly rest their view of the State enactments, respectively, is not applicable to this Wisconsin case and can not be invoked co exclude the exercise of State jurisdiction, citing the following: United States v. Bevans, 3 Wheaton,336; New Orleans v. United States, 10 Peters, 662, 737; Fort Leavenworth Railroad Company v. Lowe, 114 U. S., 525; Railroad Com- pany v. McGliun, 114 U. S., 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 Mates. When Congress has made no new regulations touching the administration of justice in civil cases with respect to actions arising within territory which a State has ceded to the Federal government 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 unaffected by the act of cession. (Barrett v. 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 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 Harper'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. Residents on a mili- tary 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 support. But if allowed 296 MILITARY RESERVATIONS, ETC. % to avail themselves of such schools, and they send their children to them, they can not avoid paying 1 such charge as the local authorities may impose in regulating admissions. Tims held that officers stationed at Fort Trumbull, Coun., were not exempt from paying the fee exacted by the City of Xew 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., pp. 221, L'22, par. 15.) Same. Status of persons residing on territory purchased by the United States with consent of the legislature of the State. By becoming a resi- dent 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 contribute 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 loioign 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 Con stitution 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 ceiled 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. Kep., 316, citing Commonwealth v. Clary, 8 Mass., 72, and other authorities.) NOTE. It would seem that the 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 (16 Stat., 399). But see In re O'Conner (37 Wis., 379) and In re Kelly (Circuit Court Eastern Dist. Wisconsin Uec. 17, 1895), where jurisdiction having been ceded by tho 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. 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 MILITARY RESERVATIONS, ETC. 297 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 condition 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 per- sons charged with crimes committed out of such territory the Govern- ment 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 territory, 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 territory is situated. The Court, applying the opinion above stated, answered 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 tliere 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 situated. 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 settlement," for .the purpose of receiving support under the laws of this 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 Kep., 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 con- current jurisdiction over any such place to the extent that all legal and military process issued under the authority of the State maybe exe- cuted anywhere on such place or in any building thereon or any part thereof, and that any offence against the laws of the State, committed 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. Geul.) State courts Lands owned % Federal Government. Constitution of the United States, Article 1, Section 8, subdivision 17, providing that u Congress shall have power to execute exclusive legislation in all cases wheresoever * * * 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. ; Nov. 10, 1897. 298 MILITARY RESERVATIONS, ETC. The foregoing case of Madden v. Arnold is discussed by General G. Norman Lieber, Judge- Advocate-General, United States Army, in the American Law Keview (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 or 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 lead- ing case being Fort Leavenworth E. E. Co. v. Lowe (114 U. S., 539). This case was followed by Chicago and Pacific Ey. Co. v. McGlinu ( 1 14 U. S., 549), Benson v. U. S. (146 U. S., 331), In re Kelly (71 Fed. Kep., 545), In re Ladd (74 Fed Eep., 399), 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, maga- zines, 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 character 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. u But when jurisdiction over territory in a State is obtained, not by the purchase with consent, but by express cession of jurisdiction, this, being different from the constitutional method, may be accompanied with conditions, even though the territory be acquired for one of the purposes mentioned. (Fort Leavenworth E. E. Co. v. Lowe, 114 U. S., 539; Benson v. U. S., 146 U. S., 331.) "Maddin v. Arnold makes clear the right of the States to try actions arising from civil wrongs committed by private persons in such places. In this case the plaintiff sought to recover damages against the defend- ant 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 ; reserv- ing 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 purchased 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 tor 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, MILITARY RESERVATIONS, ETC. 299 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 purpose 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 constitution, Congress has power to exercise exclusive leg- islation therein in all cases whatsoever. (The court evidently regarded the purchase, together with the cession of jurisdiction, in this case r 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 Massachusetts, Pennsylvania, or Ohio have over their respective territories, and had the injury occurred within the limits of either of said States an action could have been maintained in the Supreme Court of New York to recover dam ages 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 of the State of JSew 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 non territorial 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 Leaven- worth cession, is misleading, the language referred to being as follows: 4 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 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 seetn, indeed, that we have been quite misled as to the necessity of cession of jurisdiction to the United States. The constitu- tional 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 framers of the constitution, said Justice Field in the Fort Leavenworth Eailroad 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 buildings 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 placing forts and other buildings for the defense of the country under the 300 MILITARY RESERVATIONS, ETC. 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 apparent mean- ing of its language. The Fort Leaven worth Railroad case is authority for holding that when jurisdiction is acquired by the United States by cession, and not by purchase with consent, the cession may be accom- panied 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 fran- chises and property. u 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, fortifica- tion, 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 instrumentali- ties of the government of the United States can not be interfered with. Why, then, take from the jurisdiction of the States those numerous localities within their limits ? " How long and for what purposes the municipal laws of the State con- tinue 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 government are at once dis- placed. Thus upon a cession of political jurisdiction 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 abridg- ing the freedom of the press, or authorizing cruel and unusual punish- ments, 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 necessarily be superseded by existing laws of the new government upon the same matters. But with respect to other laws affecting the possession, use and transfer of property, and designed to secure good order and peace in the community, and promote its health and prosperity, which are strictly of a municipal character, the rule is general, that a change of government leaves them in force until, by direct action of the new government, they are altered or repealed. (Chi cago and Pacific Railway Company v. McGlnni, 114 U. S. Rep., 542. See also The American Insurance Co. v. Canter, 1 Pet., 542.) Effect of qualified cession of jurisdiction hi/ Ktnte. Where a State statute, in consenting to the purchase by the United States of laud MILITARY RESERVATIONS, ETC. 301 within the State and ceding to the United States jurisdiction over the same, adding that such jurisdiction should be exercised u concurrently with" the State, Held, that this qualification was subject to the objec- tion that it amounted to more than the mere reservation (not uiifre- 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 laud; (citing United States v. Cornell, 2 Mason, 60; United States v. Davis, 5 Id., 356; 6 Opins. Attys. Genl., 57 S; 7 Id., G34; 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 Socre- tary of War would be authorized to expend an appropriation which had been made by Congress for the erection of public buildings on the land. (Digest of Opius. J. A. Genl., p. 217, par. 3.) 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 Con- gress as sites for public structures, added < But the State reserves the right to execute process lawfully issued under its authority within and upon said sites," etc., advised that such reservation might properly be regarded as having the same effect as that indicated by Attorney-Gen- eral Cushing in 8 Opinions, 387, viz., as reserving merely the right to serve process within the lands for crimes committed without the same (so as to prevent them from becoming an asylum for fugitives from jus- tice), and that the cession might therefore properly be accepted as sufficiently vesting in the United States the exclusive jurisdiction over the premises contemplated by the Constitution. (Ibid., pp. 217, 218, par. 4.) Effect of reservation by Congress upon admitting Territory as a State. When an act admitting a State into the Union, or organizing a Terri- torial government, provides that the lands in possession of an Indian tribe shall not be a part of such State or Territory, the new govern- ment 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 jurisdiction by a State to the United States may be qualified or conditional, and cedes only so much as is specifically expressed. (Citing Fort Leaven worth K. K. 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, par. 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 prop- erty 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. (Citing Vol. 8, Opins. Attys. Genl., 121.) (Digest Opins. J.A. GenL, p. 219, par. 6.) 302 MILITARY RESERVATIONS, ETC. Recession of jurisdiction not necessary ivhen military reservation aban- doned. Held, that there was no occasion for a statutory provision ceding back, or requiring the ceding back of jurisdiction, by the United States, to the State, when a military reservation was abandoned 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 military 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 was granted. It is believed to be clearly inferable from the clause on the subject in the Constitution, (Art. 1, Sec. 8, par. 17), that the State relinquishes its jurisdiction only for such term as the particular status subsists in contemplation of which it was ceded. (Digest Opins. J. A. Genl, p. 222, par. 18.) TAXATION. State can not assume powers conferred upon Congress by the Constitu- tion. 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.) 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 exempt from State taxation. 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 pur- chased 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 afterwards. (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 all real estate does not include that of the United States icithin 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 territory. (United States v. Circuit Court, Eastern District, Pennsylvania. See, also, Van MILITARY RESERVATIONS, ETC. 303 Brocklin v. Tennessee, 117 U. S., 151.) (Whether or not a State has power to tax such property, and granting that it has, it can not enforce the tax by levy and seizure.) Same. The general words of a statute do not include the government or affect its rights, unless such purpose be clear and indisputable on the face of the act. (The United States v. Griswold, 5 Sawyer, 25.) Effect of reservation by State of right to tax private property in terri- tory 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 fran- chises of a railroad therein are liable to taxation by the State. (Fort Leaven worth K. K. Co. v. Lowe, 114 U. S. Kep., 525.) Persons residing on military reservations exempt from State, county and town tax. Persons residing upon military reservations are exempt from the payment of State, County and town taxes and therefore are not entitled to the benefits arising therefrom. (Vol. 0, 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 ot vital importance; that it is restrained by the States; that it is not abridged by the grant of a similar power to the govern- ment 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 with- draw any subject from the action of even this power is admitted. The States are expressly forbidden to lay any duties on imports or exports, except what may be absolutely necessary for executing 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 Constitu- tional laws of the Union. A law absolutely repugnant to another, as entirely repeals that other as if express terms of repeal were used. (McCullock v. The State of 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 instrument, must be a question of construction. In making this construction, no principle not declared, can be admissible which would defeat the legiti- mate 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 governments, as to exempt its own operations from their own influence. This effect need not be stated in terms. It is involved in the declaration 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 Government. If the States may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instru- ment. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house j they may 304 MILITARY RESERVATIONS, ETC. tax judicial processes; they may tax all the means employed by the government, to an excess which would defeat all the ends of govern- ment. Tbis was not intended by the American people. 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 taxation. 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 decla- ration that the Constitution and the laws made in pursuance thereof, shall be the supreme law of the land is empty and unmeaning. (Ibid.) General power of taxation conferred upon the General Government 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 taxation. 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 110 control. It acts upon the measures 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 government 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 principles, 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 McCullock v. The State of 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 consti- tutional 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 exemption 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 MILITARY RESERVATIONS, ETC. 305 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 per- form, 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.) 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 prop- erty 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 juris- diction of State Limitations upon that right. Taxation is a sacred right, essential to the existence of government; an incident of sover- eignty. 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 tbe 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 execution of another sover- eign power delegated to the United States. That occurs when taxa- tion 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. Commissioners 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, diminish- ing 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 restrain action of national government. All subjects over which the sovereign power of a state extends are, as a general rule, proper objects of taxa- tion, but the power of a state to tax does not extend to those means which are employed by Congress to carry into excution the powers conferred in the federal Constitution. (Citing McCulloch v. Maryland,. 4 Wheat., 429). Unquestionably the taxing power of the states is very comprehensive and pervading, but it is not without 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 consti- tutionally pass. They may extend to every object of value within the sovereignty of the state, but they can not reach the administration of justice in the Federal Courts, nor the collection of the public revenue, nor interfere with any constitutional regulation of commerce. (Citing Brown v. Maryland, 12 Wheat., 448; Weston et al. r. Charleston, 2 Pet., 467 ; Society for Savings v. Coite, 6 Wall., 595, 605.) 205 20 306 MILITARY RESERVATIONS, ETC. Officer or soldier, though not taxable official!}/, may be personally. 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 property per- taining to his military office or capacity, but as to household furniture and otber personal property, not military, he is (except where stationed at a place under the exclusive jurisdiction of the United States), equally subject with other residents or inhabitants to taxation under the local law. (Ibid, p. 737, par. 4.) When post trader on military reservation liable to be taxed by civil authorities of Territory or State. The mere fact that a post trader car- ries 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 business on a military reservation within a State, unless exclusive jurisdiction over the same has been ceded to or reserved by the United States. (Digest of Opins. J. A. Geul., p. 602, par. 8.) Post traders may be required to take out and pay for a license under State or Territorial 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 Gongress in the exercise of the war power intrusted to it by the Constitution." (Ibid., p. 601, par. 7.) 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 remanendi, sub- ject as he is to be removed at any moment by a similar order to a sta- tion in a different State or Territory. (Citing Graham v. Common wealth, 51 Pa. St., 258; Wood v. Fitzgerald, 3 Greg., 568; Taylor r. Reading, 4 Brewst, 439, and Devlin v. Anderson, 38 Gal., 92.) Excep- tions, however, to this general rule may exist in the cases of officers who are not subject, or likely, to have their places of habitancy changed by superior military authority. Such are the cases of the officers the chiefs of the staff corps for instance whose duties 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. (Digest Opins. J. A. Genl., p. 661, par. 1.) Same. If a legal residence in a certain State has once existed, mere temporary absence, however long-continued, as the result of an enlist ment or enlistments in the army, will not destroy it. (Citing Brewer v. Linnaeus, 36 Me., 428.) Liability to taxation, or other liability as a resi- dent 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 MILITARY RESERVATIONS, ETC. 307 volition, and the animus revertendi to the original domicile being pre- sumed to still subsist. (Citing Jacobs, Law of Domicile, 401.) (Ibid., pp. G61, 662, par. 2.) Fort Sheridan reservation Xot liable to be assessed for public improve- ments by city of Chicago. The state of Illinois having, by a legislative act of June 6, 1887. ceded to the United States exclusive jurisdiction over the lands of the reservation of Fort Sheridan, held that the city authorities of Chicago were not empowered to levy on such lands assessments for the improvement of adjacent lands or for other public improvements. (Ibid., p. 738, par. 6.) 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 Eugl. Eucy. 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 relation of a pro- prietor simply; and the State officers have the same right to enter upon such land, or into the buildings located there, and sei/e the per- sonal property of individuals for non-payment of taxes thereon, as they have to enter upon the land or into the buildings of any other proprie- tor for the same purpose; such right being so exercised as not to inter- fere with the operations of the General Government. (Vol. 14, pp. 199, 200, Opins. Attys. Genl.) TITLE. Authority to purchase lands. No land shall be purchased on account of the United States, except under a law authorizing such purchase. (Sec. 3736, U. S. Kev. 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 laud 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 thereby. The United States, in their political capacity, may enter into contracts, may take a bond, and may receive real or other property as a security for a debt, in cases not previously pro- vided for bylaw. 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 making the contract or receiv- ing the security; the power exists as an incident to sovereignty, and may be exercised by the proper department if not forbidden by legisla- tion. (Dikes v. Miller, 25 Texas Supp., 281. See Dugan v. The United States, 3 Wheat., 172; The United States v. Tin gey, 5 Peter, 114; The United States v. Bradley, 10 Peter, 343; The United States v. Levin, 15 Peter, 290; Neilson v. Lagow, 12 Howard, 107, and The United States v. Lane, 3 McLean, 366.) 308 MILITARY RESERVATIONS, ETC. 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 particular 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 77 has been modified by acts of Congress, particularly 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 hereinafter 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 lauds as are subject to sale or other disposition under general laws." (Newhall v. Sanger, 92 U. S., 761; Vol. f>, p. 578, Opius. Attys. Genl.) The power over the public lands is vested in Congress by tin* Constitu- tion, without limitation, and is the foundation upon which the territo rial 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 legislature 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 necessary 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 respectively. (Sec. 355, U. S. Kev. Stats.) Examination of land titles. Upon this subject the Hon. Caleb dish- ing spoke as follows: "Morally speaking, professionally speaking, offi- cially speaking, when the Attorney-General certifies the validity 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 warrants in honor and conscience. It is upon the sole faith of his warranty, regard- less of the warrantors in the deed, that the government buys the land, ai.d 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, Kevised Statutes, in prohibiting the MILITARY RESERVATIONS, ETC. 309 expenditure of public money, fur the purposes therein mentioned, beibre 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 con- sent. (Citing Vol. 10, p. 89, Opius. Attys. Genl. ; 15 Do., 213.) Neither the constitutional provision (Art. 1, Sec. 8, par. 17) nor the statute (Sec. 355, R. S.) precludes the United States from acquiring the title to the land. (Ibid., p. 220, par. 10.) Direct 1n.r sale Evidence of title Certificate. A certificate signed by only two ot 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 certificate void. The net of Congress contemplates a certificate of sale though the United States become the purchaser. (Cooley v. O'Conner, 12 Wall., 391.) Effect of certificate as evidence How affected. Where lands have been sold for an unpaid direct tax, the tax-sale certi ficate 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 that 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 contemplates such a certifi- cate when the United States is the purchaser reaffirmed. (De Treville v. Smalls, 98 U. S., 517.) Certificate given by commissioner prima facie evidence of regularity of sale, etc. The court reaffirms the doctrine in De Treville v. Smalls (98 U. S., 517), that the certificate given the commissioners to the purchase 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), isprima 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 r. McKinley, 99 U. S., 496). Hale 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 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 legisla turc. 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 assessment is void. (North- ern 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 testamentary dis position 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 per- sons and to such corporations as are created under the laws of the 310 MILITARY RESERVATIONS, ETC. 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. Rep., 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 Porter Mili- tary 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 necessary 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 lias a right to use so much of the land as may be necessary for canal and harbor purposes, when such use does not interfere with its use for the military purposes of the govern inent. 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.) Based upon compromise of question of title valid. The deed of con- veyance executed to the United States on the 25th day of October, 1854, by the City of Caroudelet, 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 S.. Louis -r. 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 "pur- chase" 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 3730, Revised Statutes, it is declared that u 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 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 interest in land, for any use or purpose independently of statutory authority. (Con- curred in by an opinion of the Attorney-General in Vol. 1C, 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 passed the title, and the legislature of the State in which the land was situated had given its consent to the grant. (Digest Opins. J. A. Genl., pp. 2(57, 2(>S, par. 5, cit- ing 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 ih<> con sent of the State, though in the absence of such consent, public money MILITARY RESERVATIONS, ETC. 311 can not, in view of the provisions of Sec. 355, legally be expended upon the buildings.} Title to soil under tide crater. It is a well-settled rule of law in this gourt 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 Irjoni 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 r. United States Land Association, 142 IT. S. Kep., 182, citing Martin v. Waddell, 10 Pet., 367, 410; Pollard v. Hogan, 3 How., 212, 229; Goodtitle r. Kibbe, 9 How., 471, 478; Mum- ford r. Ward well, Wall., 423, 430; and Weber v. Harbor Commission- ers, 18 Wall., 57, 05.) The United States hold public lands by virtue of deeds of cession and statutes, not by sovereignty. (Pollard's Lessee v. Hogau, 3 How., 212.) Title to shores of navigable traters 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 respec- tively. And the new States have the same rights as the original States. (Ibid.) Reservation. The President may reserve from sale and set apart for public use parcels of laud belonging to the United States, and may modify a reservation previously made. (Grisar v. McDowell, Wall., p. 364.) Validity of Executive order rests on established and recognized power in the President Power recognized by Congress. The validity of the Execu- tive 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 recognized this power in the Oregon legislation which, while not granting, 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 recog- nized 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 existence of the power in the President. ( Wolcott v. Des Moines Company, 5 Wall., 681; Grisar v. McDowell, 8 Wall., 363; Wolsey v. Chapman, 101 U. S., 755; Williams v. Baker, 17 Wall., 144; Wilcox v. Jackson, 13 Pet., 498.) (Ibid!) 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 land of the United States shall pass into private right and individual 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 expedi- ent; and it has the right of eminent domain, that is, to take private property to public use, making just compensation 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 Eock Island Eailroad Company and Kailroad Bridge Com- 312 MILITARY RESERVATIONS, ETC. pany can not lawfully enter upon and use, for the purpose of a road, or for any other object, the military reservation of Kock Island, under pre tense of authority from the State of Illinois. (Vol. 0, p. 070, Opiiis. 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 department, must be considered as made by the President of the United States within the terms of the act of Congress. (Wiicox v. Jackson, 13 Peters, 408.) Land once legally appropriated, no longer part of the public lands. Whensoever a tract of land shall have once been legally appropriated to any purpose, from that moment the land thus appropriated becomes sev ered from the mass of public lands; and no subsequent law, or procla- mation, 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 laics of United States. Whenever the question in any court, State or Federal, 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, according to those laws, then the property, like all other in the State, is subject to State legislation ; so far as that legislation is consistent with the admis- sion that the title passed and vested according to the laws of the United States. (Ibid.) Reservation in Montana not limited to 640 acres Limitation in act of February 14, 1853, applies to Oregon only Power of President. By Exec- utive Order of August 5, 1888, 50 acres of land were added to the Fort Missoula military reservation, which was originally established with an area of 640 acres by Executive Order of February 19, 1877. The laud covered by these orders was formerly within the Territory of Oregon; but under the act of March 2, 1853, chapter 90, establishing the Terri- tory 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 09, 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 aforesaid 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 spe- cial 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 uurevoked the land covered thereby is not open to entry or settlement. (Vol. 19, p. 370, Opins. Attys. Genl.) Regulations respecting evidences of titles. The following regulations have been prepared for the convenience of those who may have occa- sion to draw conveyances, make abstracts, or collect evidence of title to lauds in cases where it may be the duty of this office to certify con- MILITARY RESERVATIONS, ETC. 313 cerniug the validity of title. A strict observance 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 laud 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 authenti- cated. 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. 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 partition, 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 unmar- ried 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 fur- nish 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 general rule of the common law ; upon a public document, or upon history, the books relied on to establish it should be accurately referred to and the page noted. 314 MILITARY RESERVATIONS, ETC. 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 posses- sion 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 in valid on account of an outstanding title which has been barred by a legal limitation. But in all cases where time is relied on to extinguish 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 estab- lished by satisfactory proof. (Opiiis. Attys. (zenl., Vol. 9, p. 5^8.) INDEX. A. Page. Adams, Fort, Rhode Island 200-203 Ad in i ralty Head, (Land at), Washington j . 258-260 Alcatraz Island, California 9 Alexandria National Cemetery, Louisiana 70-71 Alexandria National Cemetery, Virginia 239 Allegheny Arsenal, Pennsylvania 185, 186 Allegheny Cemetery, (Soldiers' Lot), Pennsylvania 186 Alton Cemetery, (burial lot for deceased prisoners), Illinois 53 Anastasia Island, Florida 25, 26 Andersonville National Cemetery, Georgia 37 Andrew, Fort, Massachusetts 93 Angel Island, California 9 Annapolis National Cemetery, Maryland 91, 92 Antietam Battlefield, Maryland 88, 89 Antietam National Cemetery, Maryland 90,91 Apache, Fort, Ari/ona 6 Arlington, Virginia 240-242 Arlington National Cemetery, Virginia 242 Arsenal on Bloomingdale Road, New York 134 Ashland Cemetery, (Soldiers' Lot), Pennsylvania 187 Assinuiboine, Fort, Montana 131 Augusta Arsenal, Georgia 33 Augusta National Cemetery, Maine 82 B. Ball's Bluff National Cemetery, Virginia 242 Barrancas, Fort, Florida 26 Barrancas National Cemetery, Florida 27 Baton Rouge National Cemetery, Louisiana 71, 72 Battery Bieiivenue, Louisiana 67, 68 Battery, New York City, New York 135 Battle Ground National Cemetery, District of Columbia 22, 23 Batton Island, Florida 27 Baxter Springs National Cemetery, Kansas 60, 61 Bay Point, South Carolina 206 Bayard, Fort, New Mexico 133 Bayside (Point Comfort), New Jersey 129, 130 Beacon Island, North Carolina ". 175, 176 Beaufort National Cemetery, South Carolina 205, 206 Bedloe's Island. New York _ 135, 136 Bellona Arsenal, Virginia 242,243 Benicia, (Post and Arsenal), California 10 Beverly Gun House, Massachusetts 93 Beverly National Cemetery, New Jersey 130 Billingsport, New Jersey 130 Bliss, Fort, (New), Texas 223-227 Bloomingdale Road, Arsenal, New York. (See Arsenal.) Boga Grand Island, Florida. (See Cayo Costa Island.) Boise Barracks, Idaho 49 Brady, Fort, (New), Michigan 114 Brady, Fort, (Old), Michigan, (Garrison Cemetery) 114 Brown, Fort, Texas ^ 227-229 Brownsville National Cemetery, Texas 230 315 316 INDEX. C. Page. Camp Butler National Cemetery, Illinois 53 Camp Chase Cemetery, Ohio 183 Camp Nelson National Cemetery, Kentucky 67 Canby, Fort, (Cape Disappointment), AVashington 260, 261 Canoe Island, Washington 261 Cape Disappointment, Washington. (See Canhy, Fort.) Carlisle Barracks, Pennsylvania 187 Carroll, Fort, Maryland 83 Castle Island, Massachusetts. (See Independence, Fort.) Castle Pinckney, South Carolina 211 Caswell, Fort, North Carolina 176 Cave Hill National Cemetery, Kentucky 64, 65 Cay o Costa Island, (Or Boga Grand Island), Florida 27 Cedar Keys, Florida 27 Cedar Point, Alabama 3 Cemetery Lot, (Near Cincinnati), Ohio 184 Challam Point, (Land Opposite), Washington 261 Challam Point, Washington .- 261 Chalmette National Cemetery, Louisiana 72 Charleston Arsenal, South Carolina 206, 207 Chattanooga National Cemetery, Tennessee 217, 218 Chickamauga and Chattanooga National Military Park, Georgia 37-49 Chickamauga and Chattanooga National Military Park, Tennessee. (See Georgia.) China or White Hall Cemetery, (Soldiers' Lot), Pennsylvania 187 Chinook Point, Washington 261, 262 Cincinnati, Ohio. (See Cemetery Lot.) City Point National Cemetery, Virginia 243 Clark, Fort, Texas 230 Clark's Point, Massachusetts 94,95 Clinch, Fort, Florida 27,28 Cold Harbor National Cemetery, Virginia 243, 244 Columbia Arsenal, Tennessee 219 Columbia Harmony Association, (Burial Site), District of Columbia 23 Columbus Barrack's, (Arsenal), Ohio 183 Columbus, Fort, New York. (See Governor's Island. ) Constitution. Fort, New Hampshire 128 Corinth National Cemetery, Mississippi 118 Craney Island, Virginia 244 Crook, Fort, Nebraska 123,124 Crown Hill National Cemetery, Indiana 56 Culpeper National Cemetery, Virginia 245 Custer's Battlefield Reservation National Cemetery, Montana. (See Custer, Fort.) Custer, Fort, Montana : Post Reservation 121 National Cemetery of Custer's Battlefield '. Limestone Reservation 122 dishing Island, Maine 72, 73 Cypress Hills National Cemetery, New York 136 D. Danville National Cemetery, Kentucky 65 Danville National Cemetery, Virginia. 245-247 D. A. Russell, Fort, Wyoming David's Island, New York 136,137 1 )avis, Fort, Texas ~ 230 Dead Man's Island, California 10 Deception Pass, (North Side), Washington 262 Deception Pass, (South Side), Washington 262 Deception Pass, Washington. (See Two Islands.) Delaware Breakwater, (Fort at), Delaware 21,22 Delaware, Fort, Delaware 20,21 Del Rio Camp, Texas 230 District of Columbia Magazine, District, of Columbia Double Bluff, Washington 262,263 Douglas, Fort, Utah - 235,236 Dover Powder Depot, New Jersey 130,131 INDEIX. 317 Page. 1 >n chesne, Fort, Utah 236 Dumplings, (Fort at), Rhode Island 203 Dutch Island, Rhode Island 203 E. Eagle Pass, (Subpost of Clark, Fort), Texas 231 Edgeeomb, Fort, Maine 73 Egremont Island, Florida 28 Ethan Allen, Fort, Vermont 237, 238 F. Fayetteville National Cemetery, Arkansas 8 Ferry Point, Virginia 247 Finn's Point, New Jersey 131 Finn's Point National Cemetery, New Jersey 131 Flag Island, Florida 38 Florence National Cemetery, South Carolina 207, 208 Foote, Fort, Maryland 83,84 Ford's Theater Property, District of Columbia 23 Forest Hill Cemetery, (Soldiers' Lot), Wisconsin 273 Forest Home Cemetery, (Soldiers' Lot), Wisconsin 273 Fort Donelson National Cemetery, Tennessee 219 Fort Gibson National Cemetery, Indian Terri tory 57 Fort Harrison National Cemetery, Virginia 249,250 Fort Leavenworth National Cemetery, Kansas. 61 Fort McPherson National Cemetery, Nebraska 124 Fort Scott National Cemetery, Kansas 61-63 Fort Smith National Cemetery, Arkansas 8, 9 Fort Simmer National Cemetery, New Mexico 134 Foulweather Point, Washington 263 Frankford Arsenal, Pennsylvania , 187, 188 Frankfort, (Soldiers' Lot), Kentucky 65 Frede Jcksburg National Cemetery, Virginia 247, 248 Fred Steele, Fort, (Cemetery), Wyoming 275 G. Gaines, Fort, Alabama 3,4 Galveston, (Fortifications at), Texas 231 Garrison Cemetery (Old Fort Brady), Michigan 114 Gasparilla Island,' Florida 28 Gerrish Island, Maine 73 Gettysburg Battlefield, Pennsylvania. (See National Military Park.) Gettysburg National Cemetery, Pennsylvania 195, 196 Glendale National Cemetery, Virginia 248 Gloucester Gun House, Massachusetts : 95 Gloucester Wigwam Point, Massachusetts 95 Goat Island, ( Wolcott, Fort), Rhode Island 204, 205 Goose Island, Washington 263 Gorges. Fort, Mai ue 73, 74 Governor's Island, (Columbus, Fort), New York 137, 138 Governor's Island, Massachusetts. (See Winthrop, Fort.) Grafton National Cemetery, West Virginia 272 Grant, Fort, Arizona 6 Great Hog and Cow Island, Maine 74 Great and Little Gull Island, New York 138, 139 Greenbu sh , New York 138 Green Lawn Cemetery, Indiana- 56, 57 Green Mount Cemetery, (Soldiers' Lot), Vermont 239 Greene, P\>rt, Rhode Island 203,204 Griswold, Fort, Connecticut 16, 17 Grover's Cliff, Massachusetts 95-101 H. Hale, Fort, Connecticut 17-20 Hamilton, Fort, New York 139-143 Hampton National Cemetery, Virginia 248, 249 318 INDEX. . Hancock Barracks, Maine ................................................... 74 Hancock, Fort, New .Jersey. (See Sandy Hook. ) Harrison, Fort, Montana ................................................... 122, 123 Hawkiu's Point, Maryland .................................................. 84 Ha/en Monument, Tennessee .............................................. 219,220 Hilton Head, South Carolina ................................................ 208 Hood's, Fort at, Virginia .................................................... 254 Hood's Head, Washington ................................................... 263 Howard, Fort, Florida. (See Cedar Keys.) Huachuca, Fort, Arizona .................................................... 7 I. Independence, Fort, (Castle Island), Massachusetts .......................... 101 Indianapolis Arsenal, Indiana ............................................... 55 J. Jackson Barracks, Louisiana ................................................ 68 Jackson, Fort, Louisiana ............................. ....................... 68 Japonsky Island, Alaska .................................................... 6 Jefferson Barracks, Missouri .............................................. 119, 120 Jefferson City National Cemetery, Missouri .......................... . ....... 120 Jeft'crson County, (Lands in; See Point Wilson), Washington. Jefferson, Fort, Florida ...................................................... 28 Jefferson ville Depot, Indiana ................................................ 56 Johnson, Fort, North Carolina ............................................ 177, 178 Johnson, Fort, South Carolina ............................................. 208,210 K. Kennebec Arsenal, Maine .................................................... 75 Keogh, Fort, Montana ...................................................... 123 Keokuk National Cemetery, Iowa ............................................ 58, 59 Key West Barracks, Florida ............. . ................................... 28,29 Key West Reservation, Florida .............................................. 29 Knox, Fort, Maine .......................................................... 75,76 Knoxville National Cemetery, Tennessee ..................................... 220 L. Lafayette National Cemetery, ( Soldiers' Lot), Pennsylvania, .................. 197 Lafayette, Fort, New York .................................................. 143 Lakeside Cemetery, Michigan ............................................... 115 Laurel Cemetery, (Soldiers' Lot), Maryland .................................. 92 Leavenworth, Fort, Kansas. (See Missouri timber reserve) .................. 59, 60 Lebanon National Cemetery, Kentucky ................. . .................... 65,66 Lebanon Cemetery, (Soldiers' Lot), Pennsylvania ............................ 197 Lee, Fort, Massachusetts .................................................... 101 Lexington National Cemetery, Kentucky .................................... 66 Lime Point, California ...................................................... 11 Little Rock Military Post, Arkansas ......................................... 7 Little Rock National Cemetery, Arkansas .................... *. ............... 9 Livingston, Fort, Louisiana ................................................. 69 Logan, Fort, Colorado ...................................................... 15, 16 Long Island, (East Head of), Massachusetts ............................... 102, 103 Long Point, (Provincetown), Massachusetts ................................. 102 Lope/. Island, (Northwest portion), Washington ............................. 264 Lope/ Island, (South west portion), Washington ............................. London Park National ( Vrm-t^ry, Maryland .................................. 92 Lovell's Island, Massachusetts .............................................. 103 Lyttleton, Fort, South Carolina ........................................... 210,211 M. Machias, Fort, Maine ........................................................ 76 Macomb, Fort, Louisiana .................................................... 69 Macon, Fort, North Carolina .............................................. 178-180 Madison Barracks, (Post), New York ...................................... 143-147 INDEX. 319 Page. Madison Barracks, (Stony Point Target Range), New York 147, 148 Madison, Fort, Maine 76 Mare Island, California 11, 12 Marietta National Cemetery, Georgia 37 Harm Islands, California. (See The Brothers and Sisters Islands.) Marion, Fort, Florida 29 Marrowstono Point, Washington 265 Martello Tower, No. 2, Florida 30 Mason, Fort, California 12 Massachusetts, Fort, Mississippi. (See Ship Island.) McClary, Fort, Maine 76-78 McHenry, Fort, Maryland 84-86 Mclutosh, Fort, Texas 232 M < - 1 'hersoii, Fort, G eorgi a 33-35 McPherson, Fort, Rifle Range, Georgia 35 McRee, Fort, Florida 29,30 Meade, Fort, South Dakota 216,217 Mechanic's Cemetery, ( Soldiers' Lot), Pennsylvania 196, 197 Memphis Arsenal, Tennessee 220 Memphis National Cemetery, Tennessse 220, 221 Mexico National Cemetery, (City of Mexico), Mexico 134 MiHlin, Fort, Pennsylvania 188,189 Military and Naval Cemetery near Sitka, Alaska 6 Mill Springs National Cemetery, Kentucky 66 Missonla, Fort, Montana .' 123 Missouri Timber Reserve, Mo. (See Fort Leavenworth, Kansas). Mobile National Cemetery, Alabama 4, 5 Molate Island, California 12 Montgomery, Fort, New York 148-150 Monroe, Fort, Virginia 250-252 Monterey, California _ 12 Moreno Point Reservation, Florida 30 Morgan, Fort, Alabama 5 Moultrie, Fort, South Carolina 211 Mound Cemetery, (Soldiers' Lot), AVisconsin 273 Mound City National Cemetery, Illinois 54 Mound City, (Soldiers' Burial Lot), Kansas 61 Mount Whitney, California 15 Mullet Island, Florida 30 Myer, Fort, Virginia. (See Arlington, Va.) N. Narrows Island, Maine 78 Nashville National Cemetery, Tennessee 221 Natchez National Cemetery, Mississippi 118, 119 National Military Park, Gettysburg Battlefield, Pennsylvania 189-195 Nee-ah Harbor, (East side of), Washington 265 N<>e-ah Harbor, (West side of), Washington 265,266 Nelson, Fort, Virginia 252, 253 Nevada 128 New Albany National Cemetery, Indiana 57 Newbern National Cemetery, North Carolina 180 New Castle, ( Arsenal Lot), Delaware 22 New Dungeness Harbor, (Lands North side of ), Washington 266 New Dungeness Harbor, (Lauds South side of ), Washington 266 Niagara, Fort, New York 150,151 Niobrara, Fort, Nebraska 124, 126 Norfolk, Fort, Virginia 253 North Battery, New York 151 NorthPoint, Maryland 86 O. Oakdale Cemetery, Iowa 58 Oak Woods National Cemetery, Illinois 54 Odd Fellows' Cemetery, (Soldiers' Lot), Pennsylvania 197 Ogden Observatory, Utah 236 Oglethorpe, Fort, Georgia 35 Old Produce Exchange Building and site. New York 159, 160 320 INDEX. Omaha Depot, Nebraska ....................................... . ............. 126 Omaha, Fort, Nebraska .................................................... 126, 127 Ontario, Fort, New York .................................................... 151 P. Pea Patch Island, Delaware. (See Delaware, Fort.) Pelican Spit, Texas .......................................................... 232 Peninsula Island and small island near, California ................ ............. 12 Pensacola Military Reservation, Florida ..................................... 30 Philadelphia National GViuetery, Pennsylvania .............................. !!)(> Phomix, Fort, Massachusetts .......... '. ..................................... 103 Pickering, Fort, ( Winter Island), Massachusetts ............................. 104 Pickens, Fort, Florida. (See Santa Rosa Island.) Pike, Fort, Louisiana ......................................................... 69 Pikesville Arsenal, Maryland ................................................ 86 Pilot Butte Camp, (Subpost of Douglas, Fort), Wyoming ..................... 274 Pittsburg Landing National Cemetery, Tennessee ...... . ..................... 221 Pittsfield, (Land at), Massachusetts .......................... ............... 101 Plattsburg Barracks, New York ........................................... 152, 15: 5 Plumb Island, (Kings County), New York ................................. 153-155 Plumb Island, (Suffolk County), New York ................................ 155-151.) Point Adams, (Stevens, Fort), Oregon ....................................... ] 85 Point Comfort, New Jersey. (See Bay side.) Point Defiance, Washington ................................................. 26(5 Point, Fort, Texas ........................................................ 232, 23: i Point Jerry, (Battery), New Hampshire ............... . .................... 128, 129 Point Lobos, California ...................................................... 11 Point Loma, (San Diego Harbor), California .......... . ...................... 13 Point Lookout National Cemetery, Maryland ................................. 92 Point Peter, Georgia ......................... ................................ 35 Point Wilson, Washington. (See Jefferson County, Lands in) .............. 263, 264 Popham, Fort, Maine ............................ ". .......... . ................ 78, 79 Poplar Grove National Cemetery, Virginia ....... . ............................ 253 Port Angeles, Washington ................................................. 266, 267 i orter, Fort, New York ... ................................................ 156-159 Portland Head Battery, Maine ................ ^ .............................. 79 Portsmouth Gun House, New Hampshire ..................................... 129 Port Hudson National Cemetery, Louisiana .................................. 72 Powder or Magazine Lot at St. Augustine, Florida ........................... 30, 31 Preble, Fort, Maine ......................................................... 79-81 Presidio of San Francisco, California ........................................ 13 Presque Isle, Pennsylvania ................................................. 197-199 Proctor's Landing Military Reservation, Louisiana ........................... 70 Prospect Hjll Cemetery, (Soldiers' Lot), Pennsylvania ....................... 199 Prospect Hill Cemetery, (Soldiers' Lot), Vermont ............................ 237 Protestant Cemetery, (Soldiers' Lot), Wisconsin ............................. 273 Protection Island, (Land opposite to), Washington .......................... . 267 Provincetown, Massachusetts. (See Long Point.) Puget Sound, (at Narrows of), Washington .................................. 267 Pulaski, Fort, Georgia ....................................................... 35,36 R. Raleigh National Cemetery, North Carolina ----- ,. ............................ 181 Red Bank, New Jersey ...................................................... 132 Reno, Fort, Oklahoma ....................................................... 1 Si Richmond National Cemetery, Virginia ...................................... 254 Hi ley , Fort, Kansas ..................... '. .................................... 60 Ringgold, Fort, Texas ....................................................... 233 Robinson, Fort, Nebraska .................................................... 127 Rock Island Arsenal, Illinois ................................................ 50-52 Rock Island National Cemetery, Illinois ..................................... 55 Rock Island, (Western approach to), Iowa ................................... 57, 58 Rock Point, Maryland ....................................................... 86, 87 Rose Island, Rhode Island ................................................... 204 Round Pond, New York. (See West Point.) Pural Cemetery, ( Soldiers' Lot), Pennsylvania ............................... 199 Russell, D, A,, Fort, Wyoming .............................................. 274 INDEX. 321 8. Page. Sag Harbor, New York 160 Salem, (Lot in), Massachusetts 104 Salem (jUm House, Massachusetts 104, 105 Salisbury Beach, Massachusetts 105 Salisbury National Cemetery, North Carolina 181, 182 Sam Houston, Fort, Texas 234, 235 San. Antonio Arsenal. Texas 233 Sau Antonio National Cemetery, Texas 233, 234 San Carlos, Ari/ona 7 San Diego Barracks, California 13, 14 Sand Island, Oregon 184,185 Sandy Hook, ( Hancock, Fort), New Jersey 132, 133 San Francisco National Cemetery, California 14 San .) uan Island, (Northeast point of), Washington 267 San . I uan Island, (Southeast point of), Washington 267,268 San Pedro, California 14 Santa Fe National Cemetery, New Mexico 133 Santa Rosa Island, Florida 31,32 Scammel, Fort, Maine 82 Schuylkill Arsenal, Pennsylvania 200 Schuyler, Fort, New York 160,161 Scott, Winfield, Fort, California 14 Seven Pines National Cemetery, Virginia 254, 255 Sewell, Fort, Massachusetts 105 Shaw Island, (Eastern side of), Washington ^ 268 Shaw Island, (Western side of), Washington 268 Sheridan, Fort, Illinois 52,53 Sheridan's Point, Virginia 255,256 Sherman, Fort, Idaho 49 Shiloh National Cemetery, Tennessee. (See Pittsburg Landing National ( 'emetery. ) Shiloh National Military Park, Tennessee 221-223 Ship Island, (Massachusetts, Fort), Mississippi 117, 118 Sill, Fort, Oklahoma 184 Sitka, Alaska 6 Snell'iig, Fort, Minnesota 115, 116 Soldiers' Home National Cemetery, District of Columbia 23 Springfield Armory, Massachusetts 105-111 Springfield National Cemetery, Missouri 120, 121 Spokane, Fort, (New site), Washington 269 Spokane, Fort, (Old site), Washington 268 Standish, Fort, Massachusetts Ill St. Andrew's Bay, Florida 31 Staunton National Cemetery, Virginia 256 St. Augustine, (Two Islands near), Florida. (See Two Islands near St. Augus- tine, Florida). St. Augustine National Cemetery, Florida 31 Stevens, Fort, Oregon. (See Point Adams.) St. Francis Barracks and Hospital Lot, Florida St. George's, Maine 81 St. Joseph's Bay Reservation, Florida , 31 St. Louis Clothing Depot, Missouri 120 St. Louis River Military Reservation, Wisconsin 273, 274 St. Michael, Fort, Military Reservation, Alaska 6 Stony Point Target Range, New York. (See Madison Barracks.) Stone River National Cemetery, Tennessee 223 St. Paul Quartermaster and Commissary Depot, Minnesota 116, 117 St. Philip, Fort, Louisiana 70 Sucia Islands, Washington 269 Sullivan's Island, South Carolina 211-214 Sumter, Fort, South Carolina 214, 215 T. Tala Point, Washington. 269 Taylor, Fort, Florida .'. Ten-Gun Battery, (Opposite Delaware, Fort), Delaware 22 The Brothers and Sisters and Marin Islands, California ". . . 10 205 21 322 INDEX. Page. . Thomas, Fort, Kentucky 63,64 Three-Tree Point, Washington 269, 270 Tower Island, Alabama 5, (i Tower No. 1, at Key West, Florida 32 Tower No. 2, at Key West, Florida 32 Trumbull, Fort, Connecticut 21) Two Islands, ( Deception Pass), Washington 270 Two Islands, near St. Augustine, Florida 32, :!:> Tybee Island, Georgia 36 U. United States Military Burial Ground, Key West, Florida 30 V. Vancouver Barracks, Washington 270 Vancouver Point, Washington 270, 271 Vicksburg National Cemetery, Mississippi 119 Virginia Key, Florida 33 W. Wa-adah Island, Washington *. 271 Wadsworth, Fort, New York 161-165 Walla Walla, Fort, Washington 271 Warren, Fort, Massachusetts Ill, 112 Washakie, Fort, Wyoming 275 Washington Barracks, District of Columbia 23-25 Washington, Fort, Maryland 87, 88 Washington Harbor, (East side), Washington 271, 272 Washington Harbor, (West side), Washington 272 Watertown Arsenal, Massachusetts 112, 113 Watervliet Arsenal, New York 165-169 Wayne, Fort, Michigan 115 West Point, New York 169-174 Whidbey's Island, (North Point), Washington 272 Wbipple, Fort, Arizona 7 White Hall Cemetery, Pennsylvania. (See China Cemetery.) Whitney, Mount, California. (See Mount Whitney, Cal.) Willets Point, New York 174,175 Wilmington National Cemetery, North Carolina 182 Willoughby Spit, (Land at), Virginia 256,257 Winchester National Cemetery, Virginia 257 Wingate, Fort, New Mexico 134 Winter Island, Massachusetts. (See Pickering, Fort.) Winthrop, Fort, Massachusetts 113 Winyaw, Fort, South Carolina 215,216 Woodland Cemetery, (Two Lots), Ohio 184 Woodlawn Cemetery, (Soldiers' Lot), Illinois 54 Woodlawn National Cemetery, New York 175 Wolcott, Fort, (See Goat Island), Rhode Island. Wool, Fort, Virginia. (See Monroe, Fort.) Y. Yates, Fort, North Dakota 182, 183 Yellowstone, Fort, Wyoming 275 Yerba Bueua Isl;md, California York town National Cemetery, Virginia 25S Yorktown, Monument at, Virginia 257,258 INDEX TO APPENDIX. Eminent Domain 276-282 J urisdiction 282-302 Taxation 302-307 Title.. 307-314 RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2-month loans may be renewed by calling (510)642-6753 1-year loans may be recharged by bringing books to NRLF Renewals and recharges may be made 4 days prior to due date. 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