Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-02-28

b@- Our correspondents, Fading Va
Ter" shall have an opportunity in our next
to introduce his candidate for the nomina-
ton for Governor
The Contractor on the Nashville and
-Clarksville mail route assures us that he
did not withdraw his stages and substitute
for them horse mail without first obtain.
ing permission from the proper authority;
and that we were in error in alleging that
be had refused to carry the newspaper
mail, which, however, is sent by the river
at his suggestion. He says, furthermore,
that the stage win soon recommence its
regular trips, and all cause of complaint
will then be removed.
State Jurisdiction over the Memphis Ma
Wy Yard GrOunds.-OPiniOn OF the At.
tOrney General.
A year or two since the Congress of the
United States donated to the city of Mem
phis the extensive and valuable grounds,
lying in the north western part of that city,
known as the Memphis Navy Yard. 1t
will be remembered that the State of Ten
nessee ceded its sovereignty over these
grounds to the general government some
years ago, for the purposes of naval de-
pot and dock yard. After spending about
half million of dollars in improving them
for that purpose, the plan of establishing
naval 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 juriSdic-
ton over this part of the city, question
has arisen as to the effect of the retroces-
sion upon the State jurisdiction. The fol-
lowing opinion of the Attorney General up
on the subject is in reply to letter of In
curry from Alderman DOUGLASS Of Mem
phis. As the question is a novel one and
of great public Importance we transfer it
entire to our columns.
NASHVILLE, Feb. 26th, 1857.
To A. II. DOUGLAS, Esq, Memphis, Tenn.
Ny DKAR SIR Yours ofthe l4th inst, submit.
ting two questions which have arisen out Of the
late rstrocession by the General Government Of the
property known as the Memphis Navy Yard, for
my consideration, and asking my opinion thereon; ;
was duly received.
Impressed with proper sense Of the grave con.
siderations 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 given them care
full consideration and hasten to furnish you with the
result of my reflections.
l. "The State of Tennessee having released 10
the United States Government for specific purposes
its jurisdiction over the grounds known as the
gress donating said property to the city operate as
restoration OF the jurisdiction OF the State courts
without any express resumption thereof BY egisla~
tive enactment"
am not aware that any similar question has
ever been the subject Of judicial discrimination; and
in arriving at q correct solution Of ii, to be
guided In the main by those analogies which are
deducble from our system Of Jurisprudence. The
"debAteable land" in question, which was within
the original territorial boundaries Of the State, and
within the corporate limits Of the city Of Memphis
was cedsd by she legislature Of Tennessee in ls45
20 the general government and accepted by the
latter for the purpose Of establishing thereon Mas
val Depot and Dock Yard. The act of cessiou is
absolute for the purposes specified, except simple
reservation on the part Of the State OF the right to
execute criminal and civil process within the area
90 ceded. The jurisdiction this territory vested
by said eession and acceptance in the government
Of the United States absolutely, and 90 long as Is
remained the property Of the United States, il was
foreign territory 20 the State Of Tennessee for all
purposes jurisdiction. II has even been doubted
by very eminent uris-consults, whether il be legi-
innate under federal constitution for the Gen.
eral Government to accept from State a eession
Of territory for such purpose subject 10 the simple
condition that the seding State retains the right to
sxecets I've process within ne area eedsd. The
consideration Of shs question housVer is not neces
sary TO our purpose.
The General Government having abandoned its
original purpose Of establishing Naval Depot and
Dock Yard upon.these grounds, by aes ofthe las,
Congress they we're donated with al their cost
ly improvements gralaisOusly 10 the city Of Men,
phis, and the gi was accepted add ratified BY the
proper authorities OfthAt city bat meanwhile there
has been no action Of the Government Of Tonnes
see by which ia paramount authority over the Ser.
ritory ia question has been RESUMED. The quess
ton 30 DO dsssruinsd Is, ls IL necessary for the
Government Of Tennessee TO rsAssen lis para
mouns authority over these grOands. or does not
he iarisdstios Of the State necessarily srtsnd L..
self over them upOa the rsllsqaishmsnt by he Fee
dsral Govefnnenl Of AL I've right. side aad interest
therein. htae tas a
There is perhaps no singls feature IN oar gov
srumsstal polly which 90 veil illustrates The Wis
dom and prsseisnee Of ils vsnerssed architects, or
which has commanded 90 much Of The sdmiration
az civilians and statesmen shrosghoul he Eord. as
,be hnrmoaioas adiaslmsat Of relative powers be.
tween che Federal and STATE Governmsnts IN
references 10 this caessloa Of Judicial and leg
islaivs Iurgsdlcuoa. Tue ssapsndous task Of con-
slrucsine eovsrnmsut Of snsh character out Of
near score d Integral sovsrsigutss, dssslnsd -
sOms day 70 ezssud Itself from ocean 70 Oesas over
40 vast 40 empire. eompeasd 100 Of people bat
iast emefssa rom = rcvolusion which the abuse u
sushorisy had lna4msd. sud Which tie desire for
Independence and the Jealousy % pewsr bad eoa-
Quoted 70 suscsssful lasss, can seAfssy be prop,
ssy appreciated b the men q 'hii gsnsFasiOp The