Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1872-02-28

| ueeIneu concurrent, we give ne
opinion.
1 come now to the case of Sinks V
Reese, 10 o. S. Reports. This is tbs
only case to be found anywhere
which directly supports the doctrine
eontended for by the sitting member
Here the court does decide that the
inmates OF the asylum grounds are
subject to foreign Jurisdiction. Let
the decision have its proper weight
With due respect, / submit that il
stands without support from the
authoritative. adjudieatiOns of the
country. | have already commented
sufficiently upon the cases which are
relied upon to sustain 1t. There are
two other matters worthy Of note in
connection with this case. A careful
examination of the record shows that
many facts which are brought out by
the testimony before the Senate, and
which would be of great weight in
properly determining the question,
were not before the Supreme Court of
Ohio, at the time of hearing the case
of Sinks V. Reese. More than this,
the case as is nolC presented to the
Senate has entirely new features in
another respeet-for the reason that
since that decision was announced,
Congress has ceded back to Ohio, all
its jurisdiction over these grounds.
Up to this point, Mr.. President, 1
have argued this matter upon the
assumption that it was impossible for
the United States to have limited
jurisdiction over lands cede1 by this
State, and 1 have endeavored to show.
that by the Deight of authority, even
if this be so, that the Government
cannot obtain that exclusive control
so long as the State attaches a con-
dition Inconsistent with it. But Is 1t
true, as matter either of fact or law,
that the United States cannot take a
limited Jurisdiction of eeded lands :?
No, sir. On the other hand the con-
trary doctrine is true.
1t is established, first, by high
judicial authority, second. by express
legislation by Congress, and shird, by
the uniform practice OF the govern
ment for more than seventy years.
| will not trouble the Senate with a
lengthy examination of this branch
of the subject, but beg leave to submit
enough to maintain the correctness of
my position.
| call attention to the caseOf United
States Y. Davis, reported in . Mason's
Circuit Court Reports. Congress, in
1870, enacted law to punish crimes
committed on land within the sole
and exclusive Jurisdiction Of the
United States" In 1925 it had exc
euted another law punishing the same
and also some other crimes committed
on lands ceded 10 the United States.
On a motion to quash an Indictment,
Judge Story held that there was
broad difference between lands eeded
to the United States and lands over
which il had sole and exclusive juris-
dietion. In the cases of eeded lands
there might be, aud often times were.
important reservations made by the
States, so as to create a concurrent or
a divided jurisdiction.
a further examination shows that
Congress has recognised this import
ant fact also, and in the 18th section
Of the act of 1875, to which reference
has been made, they make the fol-
lowing provision
Nothing in this act contained
shall be construed to deprive the
courts of the individual States of
jurisdiction under fhe laws Of the
several States over offences made
punishable by this act.
Here is an emphatic declaration by
the United States that the civil authO-
rity of q State may, and Oftentimes
does, extend over lands after they
have been eeded for public purposes.
Since the Government was founded
it has been necessary to obtain ces-
sions of land and jurisdiction over
land from nearly every State in the
Union. Grants of this kind are fire.
luent. There are several hundred of
them to be found upon the statute
books of the States. Some OF these
are absolute, and convey away all
State Jurisdiction, and very many are
partial, conveying only a limited
and reserving many inn
Dortant rights and privileges. In
svery instance these reservations have
been respected. In the State of New
York alone there are no less than one
hundred and ffty-siX acts of eessiOn
# land by the State 10 the United (
States. More than one-half of these I
nave important reservations and con- Z
litions. The land known as the
. Battery" the land where the Gus
ON House stands, and the lands of
he Brooklyn Navy Yard, are sever
lily eeded away for Government 1
but in each case the State /
the right to extend its cTimi-
lal and police regulations and the /
equations and ordinances of the city |
nd county over the eeded tracts, and |
ver since the acts of eessiOn the /
and police authorities have /
xercised as thorough a supervision I
ver them as though no acts of con-
ent had ever passed.
1t seems TO me, Mr.. President, that /
ot only upon principle, but in the
ght of the legislation and the ahiudi-
cations of the country, the doetrine
lr Which l contend Is most clearly 1
The general government
lay obtain land and jurisdiction for
specific purpose-may enter upon il
may use il, and at the same time
he Jurisdiction, de-, of the State and
he rights of its citizens for all other
remain as before.
But the case as it comes before us
D. day is far stronger for the con-
sstant than any which have been
tied, and far stronger than il was at
he time the question came before the
upreme Court of Ohio Il
As soon as that decision was an
Ouneed and it was made apparent
nat the veteran inmates of the Sol
iers' Asylum were to be disfran-
hised, Congress, for the purpose of
amoving all doubt, Immediately
assed a law retToceding TO the State
Ohio all jurisdiction over the
sylnm grounds. dOnOt think such
n act was necessary; IL was. however,
as removing all cloud from
ne title of the State, and all doubts
) to the status Of its citizens, the
imates of the asylum.
Now how stands the case? We
ave Ohio reserving citizenship to
le veterans by the act of eessiOn, and
Y two solemn acts passed since that
me, and now comes the General i
government and responds to our
aim by giving back to us whatever
Irisdietion had been surrendered, !
hether much or little. Thus the
vo governments join hands. Both ;
gree that the State shall exercise
over over these lands. Both in
feet declare that the inmates Of the
;ylum are, and shall continue to be,
lhabitants and citizens Of Ohio.
Vho shall question the joint action
the two governments? This was
le condition of things when the :
eterans went to the polls with their !