Tenure of Public Property ceded by the States.—Sovereignty and Eminent Domain.—Principles asserted by Massachusetts, New York, Virginia, and other States.—The Charleston Forts.—South Carolina sends Commissioners to Washington.—Sudden Movement of Major Anderson.—Correspondence of the Commissioners with the President.—Interviews of the Author with Mr. Buchanan.—Major Anderson.—The Star of the West.—The President's Special Message.—Speech of the Author in the Senate.—Further Proceedings and Correspondence relative to Fort Sumter.—Mr. Buchanan's Rectitude in Purpose and Vacillation in Action.
The sites of forts, arsenals, navy-yards, and other public property of the Federal Government were ceded by the States, within whose limits they were, subject to the condition, either expressed or implied, that they should be used solely and exclusively for the purposes for which they were granted. The ultimate ownership of the soil, or eminent domain, remains with the people of the State in which it lies, by virtue of their sovereignty. Thus, the State of Massachusetts has declared that—
"The sovereignty and jurisdiction of the Commonwealth extend to all places within the boundaries thereof, subject only to such rights of concurrent jurisdiction as have been or may be granted over any places ceded by the Commonwealth to the United States."[111]
In the acts of cession of the respective States, the terms and conditions on which the grant is made are expressed in various forms and with differing degrees of precision. The act of New York, granting the use of a site for the Brooklyn Navy-Yard, may serve as a specimen. It contains this express condition:
"The United States are to retain such use and jurisdiction, so long as said tract shall be applied to the defense and safety of the city and port of New York, and no longer.... But the jurisdiction hereby ceded, and the exemption from taxation herein 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." 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: