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y, 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_." The cession of the site of the Watervliet Arsenal is made in the same or equivalent terms, except that, instead of "defense and safety of the city and port of New York," etc., the language is, "defense and safety _of the said State_, and no longer." South Carolina in 1805, by legislative enactment, ceded to the United States, in Charleston Harbor and on Beaufort River, various forts and fortifications, and sites for the erection of forts, on the following conditions, viz.: "That, if the United States shall not, within three years from the passing of this act, and notification thereof by the Governor of this State to the Executive of the United States, repair the fortifications now existing thereon or build such other forts or fortifications as may be deemed most expedient by the Executive of the United States on the same, and keep a garrison or garrisons therein; in such case this grant or cession shall be void and of no effect."--("Statutes at Large of South Carolina," vol. v, p. 501.) It will hardly be contended that the conditions of this grant were fulfilled, and, if it be answered that the State did not demand the restoration of the forts or sites, the answer certainly fails after 1860, when the controversy arose, and the unfounded assertion was made that those forts and sites had been purchased with the money, and were therefore the property, of the United States. The terms of the cession sufficiently manifest that they were free-will offerings of such forts and sites as belonged to the State; and public functionaries were bound to know that, by the United States law of March 20, 1794, it was provided "that no purchase shall be made where such lands are the property of a State."--(Act to provide for the defense of certain ports and harbors of the United States.) The stipulations made by Virginia, in ceding the ground for Fortress Monroe and the Rip Raps, on the 1st of March, 1821, are as follows: "_An Act ceding to the United States the lands on Old Point Comfort, and the shoal called the Rip Raps._ "_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 s
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