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NATIONAL MILITARY PARKS,

AND

NATIONAL CEMETERIES.

TITLE AND JURISDICTION.

PREPARED IN THE JUDGE-ADVOCATE-GENERAL'S OFFICE

BY

JAMES B. McCRELLIS.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.
1898.

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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 296.5 acres; is at the entrance of Mobile Bay, and embraces the small island between the North Point of Dauphin Island and Cedar Point, and so much of Cedar Point as lies in fractional sections 25 and 26 of Township 8, South of Range 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 GAINES.

This reservation contains about 983.9 acres, and is situated on the eastern end of Dauphin Island, in Mobile County.

It was acquired by condemnation under final decree of the Court of Chancery for the First District of the Southern Chancery Division of the State of Alabama, made January 20, 1853.

Jurisdiction over the reservation was acquired under Act of the State Legislature, approved January 28, 1848, and deed of the Governor, 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 as 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,

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