Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1857-03-04

4aEu uLJ4nNo Sf Va wv
General.
FrOz. the Nashville Patriot, February 2s.l
A wear or two since, the Congress Of the
United States donated to the city Of Memphis
the extensive and valuable grounds, lying in the
northwestern part Of that city, known as.the
Memphis Navy Yard. 1t will be remembered
that the State Of Tennessee ceded its sovereign
ty over these grounds to the general govern
ment some years ago, for the purposes Of a
naval depot and dock yard. After spending
about half million Of dollars in improving them
for that purpose, the plan Of establishing a ma
val depot at that place was abandoned BY the
government, and the grounds were retroceded
gratuitously to the corporation of Memphis.
There having been no act Of the Legislature
reasserting State jurisdiction over this part Of
the city, a question has arisen as 10 the effect
of the retrocession upon the Stat. jurisdiction
The following opinion Of the Attorney General
upon the subject is in reply to a letter Of in
quiry from Alderman Douglass, OF Memphis.
As the question is a novel one, and Of great
public importance, we transfer it to our columns:
NASHVILLE, Feb. 26th, 1857.
To A. II. DOUGLASS, Esq, Memphis, Team.
Ny Dear Sir Yours of the 18th inst, sub
hitting two questions which have arisen out OF
the late retrocession by the General Govern
ment Of the property known as the Memphis
Navy Yard, for my consideration, and asking
my opinion thereon; was duly received.
Impressed with a proper sense of the grave
considerations involved in the determination OF
these questions, and Of their importance as
well to the Government Of Tennessee as to the
municipal government Of Memphis, | have Civ
en- them a careful consideration and hasten to
furnish you with the result of my reflections.
1. The State Of Tennessee having reles sed
to the United States Government for specific
-.--.-n. "a. .-~g.I.-Ns-- ---- A.. --.,.Is
known as the Navy Yard at Memphis, does
not the act Of Congress donating said proper
ty to the city operate as a restoration Of the
jurisdiction Of the State courts without any
express resumption thereof by legislative en-
actment."
am not aware that any similar question has
ever been the subject of judicial determination
and in arriving at a correct solution Of il, we
are to be guided in the main by those analogies
which are dedueible from our system of juris-
prudence. The "debsteabls land VI in question,
which was within the original territorial bonn-
dsries Of the State, and within the corporate
limits of the city of Memphis was ceded by
the legislature Of Tennessee in 1S45 to the gen.
eral government and accepted by the latter fol-
the purpose of establishing thereon a Naval
Depot and Dock Yard. The act Of cession is
absolute for the purposes specified, except a
simple reservation on the part Of the State Of
the right to execute criminal and civil process
within the area so ceded. The jurisdiction
over this territory vested by said cession and
acceptance in the government of the United
States absolutely, and so long as it remained
the property of the United States, it was for
eign territory to the State Of Tennessee for all
purposes Of jurisdiction. It has even been
doubted by very eminent juris-consults, wheth-
er it be legitimate under our federal Cconstitu-
ton, for the General Government to accept
from a State a cession of territory for such 'puI-
pose subject to the simple condition that the
ceding State retains the right to execute its
process within the area ceded. The consider
atiSn Of this question however, Is not necessary
to our purpose.
The General Government having abandoned
its original purpose of establishing a Naval
Depot and Dock Yard upon these grounds, by
an act of the last Congress they were donated
with all their costly improvements gratuitously
to the city Of Memphis, and the gift was ac-
cepted and ratified by the proper authorities of
that city; but meanwhile there has been no ac-
tiOn of the Government of Tennessee by which
its paramount authority over the territory in
question has been resumed. The question to
be determined is, is it necessary for the Gov
eminent Of Tennessee to reassert its paramount
authority over these grounds, or does not the
jurisdiction Of the State necessarily extend it.
self over them upon the REIMBURSEMENT by the
Federal Government of all its right, title and
interest therein.
There is perhaps no single feature in our
governmental polity which so we'll illustrates
the wisdom and prescience Of its venerated
architects, or which has commanded so much
Of the admiration of civilians and statesmen
throughout the world, as the harmonious ad-
justment of relative powers between the Fede-
raj and State Governments in reference to this
question of judicial and legislative jurisdiction.
The stupendous task of constructing a Govern
ment Of such q character out Of near a score
of integral SoVereignties, destined at some
day to extend itself from ocean to ocean over
so vast an empire, composed, too, Of a people
but just emerged from a revolution which the
abuse of authority had infamed, and which the
desire for independence and the jealousy of
power had conducted to a successful issue, can
scarcely be properly appreciated by the men of
this generation. The result however is before
US, and the practical operations of the system
for three score years and ten, has as yet de-
veloped no conflict Of sovereignty which was
not referable to some definite remedy in the
great charter itself, or was susceptible Of ad-
lustment by some legitimate implication of re-
lative rights and powers from the principles
promulgated therein.
The jurisdiction Of the courts of the United
States as to crimes is co-extensive with its ex-
elusive territorial sovereignty. 1t embraces
the District Of Columbia, the Territories, and
all lands or lots ceded to the Federal Govern
ment by any State for the erection of any
forts, dock yards, armories, or any other pub
lie work. The reservation of exclusive control
over all matters Of admiralty and maritime iu-
risdiction, Of course gives to those courts the
sole cognizance Of piracy and other crimes
committed upon the high seas. This power to
t9Ee rOuuIVSpra of and m runioh crinnac can
mitted in the Territories and other places under
the general jurisdiction, is absolute and unre-
stricted under the regulations prescribed in the
constitutional extends to all the Territories
and every part thereof, save what may be re-
linquished by treaty stipulations with the Indian
tribes,-it continues until the Territory is
erected and organized into a State. under a
constitution and laws for its government-aRd,
1t seems, it cannot be delegated even concur
rently to the State courts. The erection of a
State out of a Territory includes an absolute
transfer of all jurisdiction over Grim com
nitted within its limits to the State Govern
ment, save certain enumerated o~ffenses against
the Union, such as treason, delinquencies in
the mail service, mail Tobberies, embezzlement
of federal treasures, ct ID omae genus. Crimes
against the United States, are generally such
as are created by statute it has been gravelY
questioned whether there can be a crime at
common law against the General Government.
If a Territory assuming the dignity Of a State,
adopts the system of jurisprudence known as
the common law, it assumes the whole body of
that system consistent with our republicanism,
with all its varied and multiform rights, pow
ers, duties, rules and remedies.
On the LIST day of June, 1896, the State Of
Tennessee was received into the Union as a
sovereign State. With its republican constits-
tion it adopted for its government the body Of
the common law of England, so'far as it was
compatible with that constitution. It's bound
aries were well defined, and embrace the ceded
lands in question. By the constitution which
was the basis Of its admission into the Union,
its boundaries are set forth and designated as
the boundaries and limits of this State over
which the people have the right Of exercising
sovereignty and the right of soil, SO far as is
consistent with the Constitution of the United
States, recognizing the articles of confedera-
ton, the bill Of rights, and constitution Of
North Carolina, the c~ession act of said State,
and the ordinance Of Congress for the govern
meLt of the territory northwest of the Ohio,