Wednesday, November 09, 2016

CEDAR POINT. 



This reservation contains 29G.5 acres; is &t the entrance -pf, Mobile 
Bay, and embraces the small island between tr>o Xoilli ^oiiit of J}U- 
phin Island and Cedar Point, and so much of Cedar Point as lies in 
fractional sections 25 and 26 of Township 8, South of Eange 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 (MINES. 

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 Gov- 
ernor, 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 a? 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, 

999196 



4 MILITARY RESERVATIONS, ETC. 

dockyards, and other needful buildings, or any of them, as contem- 
plated and provided in the United States ; said purchase to be effected 
either by contract with the owner or owners of said land, or lands, or 
in the manner hereinafter provided." 

(Sec. 2 provides for acquiring title by condemnation.) 
"SEC. 3. Be it further enacted. That whenever the United States 
shall contract for, purchase or acquire any land or lands, within the 
limits of this State, for the purposes aforesaid, in either of the modes 
above mentioned and provided, and shall desire to acquire constitu- 
tional jurisdiction over said land or lands for said purposes, it shall 
and may be lawful for the Governor of this State, upon application 
made to him in writing, on behalf of the United States, for that 
purpose, accompanied by the proper evidence of such purchase, con- 
tract, or acquisition of record, describing the land or lands sought to be 
ceded by convenient metes and bounds, and the said Governor shall 
be, and he is hereby authorized and empowered, thereupon, in the 
name and on behalf of this State, to cede to the United States exclu- 
sive jurisdiction over the land or lauds so purchased or acquired, and 
sought to be ceded, the United States to hold, use, occupy, own, pos- 
sess. June] exer'cise sa-itf jurisdiction over the same for the purposes afore- 
said,' and none other whatsoever : Provided always, That the consent 
aforesaid is hereby- given-, and cession aforesaid is to be granted and 
miide "as* Aforesaid, upon the express condition, that this State shall 
retain a concurrent jurisdiction with the United States in and over the 
land or lands to be ceded and every portion thereof, so far that all civil 
and such criminal process as may issue under the authority of this 
State, against any person or persons charged with crimes committed 
without the boundaries of said land or lands so ceded, may be executed 
therein in the same way and manner as though this cession and consent 
had not been made or granted: Saving, however, to the United 
States, security to their property within the said limits and extent, and 
exemption of the same, and of said land or lands, from any tax under 
the authority of this State, whilst the same shall continue to be owned, 
held, used, and occupied, by the United States for the purposes above 
expressed and intended, and not otherwise." 

See also Cedar Point as to jurisdiction. 
FORT GAINES.
This reservation is situated on the eastern end of Dauphin Island, and as reduced by the sale hereinafter referred to, contains an area of about 267 acres, with metes and bounds as announced in G. O. 155, W. D., November 27, 1911.
Title, -Acquired under condemnation proceedings by final decree dated January 20, 1853, of the court of chancery for the first district of the southern chancery division of the State of Alabama. Under authority of act of Congress approved March 4. 1911 (36 Stat., 1350), the Secretary of War, by deed dated September 18, 1911, conveyed a portion (about 709 acres) of the tract acquired under said condemnation proceedings to the Dauphin Island Wharf & Harbor Co., leaving the area as above specified.
Jurisdiction, - Acquired under general act of cession, by deed of the governor dated November 25, 1853, as contemplated by section 3 of said act.


FORT MORGAN.
This reservation is situated on Mobile Point, Baldwin County, on the eastern side of the entrance to Mobile Bay, 33 miles from Mobile, and contains about 493.92 acres.
Title, -1. Original reservation a part of the public domain ceded by Spain under treaty of1819. Reserved by Executive order of February 13, 1844, for military purposes.
2. Under decree of the district court of the United States for the southern district of Alabama, rendered June 13. 1905 (copy of decree and of the certificate of payment of the award recorded in record book No. 9 N S. pp. 562-567, probate records of Baldwin County), and deed from the Navy Cove Harbor & Railroad Co., dated June 13, 1905 (recorded in record book No. 10 N S, p. 275), the United States acquired two tracts of land, aggregating 171.5 acres, adjoining the reservation on the east. (See G. O. No. 16, W. D., Jan 22, 1906.)
Revocable licenses. - September 16, 1908, to Mobile Towing & Wrecking Co., for telegraph line and station.
November 27, 1912, to D. R. Peteet, to construct, maintain, and operate a telephone line.
Jurisdiction, - Ceded over the original reservation by act of State legislature, approved February 18. 1891 (Acts of Alabama, 1891, p. 1293), which provides as follows:
SECTION 1. Be it enacted, etc.. That pursuant to Article One, Section Eight, Paragraph Seventeen of the Constitution of the United States, consent to purchase is hereby given, and exclusive jurisdiction ceded, to the United States, over and with respectto all Lands now, or which may hereafter be embraced in the military Posts and Reservations of Mount Vernon Barracks in Mobile County, and Fort Morgan, in Baldwin County, so long as the United States shall occupy the same for public purposes, reserving, however, to the State, a concurrent jurisdiction for the execution within said lands of all process, civil or criminal, lawfully issued by the Courts of the State and not incompatible with this cession.
Ceded over the two tracts referred to under 2 supra, by governor's deed of May 21, 1906, under authority of general act of cession.

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