FREE BOOKS

Author's List




PREV.   NEXT  
|<   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234  
235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   >>  
hoal 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 defense: "1. _Be it enacted by the General Assembly_, That it shall be lawful and proper for the 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 unto the said United States the right of property and title, as well as all the jurisdiction which this Commonwealth possesses over the lands and shoal at Old Point Comfort and the Rip Raps:... "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_."[112] By accepting such grants, under such conditions, the Government of the United States assented to their propriety, and the principle that holds good in any one case is of course applicable to all others of the same sort, whether expressly asserted in the act of cession or not. Indeed, no express declaration would be necessary to establish a conclusion resulting so directly from the nature of the case, and the settled principles of sovereignty and eminent domain. A State withdrawing from the Union would necessarily assume the control theretofore exercised by the General Government over all public defenses and other public property within her limits. It would, however, be but fair and proper that adequate compensation should be made to the other members of the partnership, or their common agent, for the value of the works and for any other advantage obtained by the one party, or loss incurred by the other. Such equitable settlement, the seceding States of the South, without exception, as I believe, were desirous to make, and prompt to propose to the Federal authorities. On the secession of South Carolina, the condition of the defenses of Charleston Harbor became a subject of anxiety with all parties. Of the three forts in or at the entrance of the harbor, two were unoccupied, but the third (Fort Moultrie) was held by a garrison of but little more than one hundred men--of whom only sixty-three were said to be effectives--under command of Major R
PREV.   NEXT  
|<   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234  
235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   >>  



Top keywords:

States

 

United

 

Commonwealth

 

property

 

public

 

Government

 

defenses

 

General

 

enacted

 
proper

jurisdiction

 
partnership
 
common
 

members

 
incurred
 

effectives

 

advantage

 

compensation

 
obtained
 

command


assume

 

control

 

necessarily

 
withdrawing
 
theretofore
 

exercised

 

equitable

 

limits

 

adequate

 

subject


anxiety

 
domain
 

condition

 

Charleston

 

Harbor

 

parties

 

entrance

 

harbor

 
Moultrie
 

Carolina


secession
 
exception
 

hundred

 

seceding

 

unoccupied

 

Federal

 

authorities

 
propose
 

prompt

 
garrison