(Source: U.S. Military Reservations, National Cemeteries, and Military Parks, by Judge Advocate General, U.S. Army. Pub. 1916. Transcribed by: Helen Coughlin)
BEACON ISLAND.
This reservation is situated inside Ockrakoke Inlet, one of the entrances to Pamlico Sound, near the mouth of the Neuse River, in Cartaret County, and comprises the entire island.
Title. Deed from John G. Blount and John Wallace, dated September 9, 1799, conveying said island as lying in Carteret County. Recorded in book O, page 129, of the deed records of said county.
Jurisdiction. Ceded to the United States by acts of the State legislature, ratified July 18, 1794, and December 25, 1813, which provide as follows:
Whereas the Congress of the United States have passed an act to provide for the defence of certain ports and harbors in the United States, in which is comprised Cape Fear river and Occacock inlet, and also an act to erect a light-house on the headland of Cape Hatteras; and whereas it is expedient that the United States should have the exclusive jurisdiction of a sufficient quantity of land on which said forts and light-houses shall be erected:
1. Be it enacted, etc., That part of the public ground laid off by the commissioners of Smithville, for a fort on Cape Fear river, including part of the ground whereon Fort Johnson formerly stood, with the exclusive jurisdiction thereof, shall be and the same is hereby ceded to the United States of America, under the condition hereinafter mentioned.
2. And be it further enacted, That the exclusive jurisdiction of Beacon island, in the harbor of Occacock, and four acres of land at the headland of Cape Hatteras, and also so much of the town of Smithville adjoining Fort Johnson, as may be found necessary for the said fort, not exceeding six acres, shall be ceded and stand vested in the United States, as soon as the proprietors of said lands shall convey the same to the United States.
3. And be it further enacted, That the above-mentioned lands are and shall be ceded to the United States, upon the express condition, that the fortifications, light-houses, and beacons for which the said lands are ceded, shall be erected within three years, and be continued and kept up forever thereafter for the public use.
4. And be it further enacted, That nothing herein contained shall be so construed as to debar or hinder any of the officers of this state from serving any process, or levying executions within the limits ceded by this act to the United States, in the same manner and to the same effect as if this act had never been made. (Ratified July 18, 1794.)
Section 1, act of December 25, 1813, provides for condemnation, etc.
Sec. 2. That so much of an act entitled “An Act to cede to the United States of America certain lands upon the condition therein mentioned, as cedes Beacon Island, and four acres of land at the head land of Cape Hatters,” as relates to Beacon Island, be, and the same is hereby, revived and declared to be in full force, any law to the contrary notwithstanding: Provided always, and upon express condition that a fort be erected upon said Island by the United States within five years after the passing of this act, and kept up forever thereafter for the use intended by the erection thereof.
Sec. 3. That the full and entire sovereignty and jurisdiction in and over said land as may be laid out and paid for, for the purpose of erecting fortifications and light-houses under and by virtue of this Act, on or before the first day of December, 1814, be ceded absolutely and entirely to the United States, who shall have, use, and exercise exclusive jurisdiction, power and authority over the same and every part thereof.
Sec. 4. That nothing herein contained shall be so constructed as to debar or hinder any of the officers of this State from serving any process or levying executions within the limits which may be laid off and ceded by this Act to the United States, in the same manner and to the same effect as if this act had never been made. (Ratified Dec. 25, 1813.)
FORT CASWELL.
This reservation is situated about 2 miles from Southport and 22 miles from Wilmington, in Brunswick County, and includes a portion of Oak Island, with metes and bounds as announced in G. O. 124, W. D., July 7, 1906. Area, about 2,750 acres.
Title. Deed from P. R. Dickinson and I. M. Van Cleef, dated October 12, 1825, conveying tract by metes and bounds.
On June 23, 1888, two small tracts on this reservation were transferred to the Treasury Department for a life-saving station and boat house, subject to the condition that when needed for military purposes the same shall be surrendered to the War Department.
By letter of June 9, 1891, a change in the location of one of these tracts was authorized.
Revocable license. October 25, 1905, to the Department of Agriculture to erect steel tower on the site occupied by flag staff used by Life-Saving Service officials for display of storm warnings.
Jurisdiction. Ceded to the United States by an act of the State legislature, ratified December 26, 1825, which provides as follows:
Whereas the Congress of the United States have passed an act to provide for the defence of the River Cape Fear, by the erections of proper fortifications on Oak Island, at the mouth of said river; and whereas it is expedient that the United States should have the exclusive jurisdiction of said Island, on which said fortifications shall be erected:
Be it enacted, etc., That the exclusive jurisdiction of the Island, called Oak Island, lying and being at the mouth of Cape Fear River, or of so much thereof as shall be purchased by the United States for the purpose of erecting a fortification, shall be ceded to and stand vested in the United States, as soon as the proprietors of said Island shall convey the same, or any part thereof to the United States for the purpose aforesaid.
II. And be it further enacted, That the above-mentioned Island, or such part thereof as shall be purchased as aforesaid, is and shall be ceded to the United States upon the express condition, that the fortifications for which said land is ceded, shall be erected within ten years, and be continued and kept up forever thereafter for the public use.
III. And be it further enacted, That nothing herein contained shall be so construed as to debar or hinder any of the officers of this State from serving and kind of process of levying executions within the limits ceded by this act had never been passed. (Ratified Dec. 26, 1825.)
GUILFORD COURTHOUSE BATTLEFIELD MONUMENT SITE.
This reservation is situated at Guilford Courthouse, and contains an area of 15,000 square feet.
Title. 1. Deed from Guilford Battleground Co., dated June 6, 1911, conveying 10,000 square feet. Recorded in book 230, page 234, of the deed records of Guilford County.
2. Deed from same company, dated December 10, 1914, conveying 5,000 square feet. Recorded in book 263, page 475, of same records.
FORT MACON.
This reservation is situated at “Old Topsail Inlet,” 2 miles from Beaufort and Morehead City, in Carteret County, and contains an area of about 405 acres.
Title. 1. Deed from Jonas Small and Joseph Davis, dated May 1, 1810, conveying 6 acres and 118 square perches of land. Recorded in book P, page 286, of the deed records of Carteret County.
2. Certificate from J. R. Dunnell, sheriff of Carteret County, and a jury, in condemnation proceedings, to the United States, dated June 1, 1826, conveying Bogue Banks, containing 405.59 acres. Recorded in book T, page 446, of same records.
Revocable licenses. The Secretary of War announced May 15, 1880, that general fishing privileges were extended to any who might desire to fish on the beach, provided no disturbance or damage was created.
May 15, 1914, to the Commissioner of Fish and Fisheries to use a tract of marsh land as an oyster experimental station.
December 5, 1905, to Mr. H. D. Goodwin, Life-Saving Service, for small shelter house.
February 23, 1907, to the Treasury Department to use and occupy a site upon the reservation for the purposes of a life-saving station and boathouse.
Jurisdiction. Ceded to the United States by acts of the State legislature, ratified December 18, 1807, and January 4, 1826, which provide as follows:
Whereas the harbor of Old Topsail Inlet is at present in an unguarded state, and is generally nineteen feet water on the bar of said harbor, which renders it necessary that the United States should have the jurisdiction of certain land convenient thereto, in order that a fort may be erected thereon for the defence of the said port and harbor;
1. Be it enacted, etc., That five acres of land, in the county of Carteret, on the west side and adjoining Old Topsail Inlet, be, and the same is hereby ceded to the United States of America, for the purpose of erecting a fort thereon for the defence of the said port and harbor.
2. And be it further enacted, That Bryant Helen, Jeconias Pickens, and James Stanton be, and they are hereby, appointed commissioners to survey, lay off and mark the boundaries of the said five acres, and shall return a correct plan thereof to the office of the secretary of state; and the said plan so by them returned, shall be deemed full and sufficient evidence of the boundaries aforesaid: Provided, that the land ceded by virtue of this act is subjected to the following condition: That the said fort shall be erected thereon within three years from the passing thereof, and provided also, that nothing herein contained, shall be construed to debar any of the officers of this state from serving any process or levying executions within the limits ceded by this act, in the same manner and to the same effect, as if this act had never been passed. * * * (Ratified Dec. 18, 1807.)
1. Whereas the Congress of the United States have passed an act to provide for the defence of Old Topsail Inlet in this State by the erection of proper fortifications at Bogue Banks; and whereas it has been suggested that difficulties have been experienced by the United States in procuring proper titles to the sites required and whereas it is also expedient that the United States should have the exclusive jurisdiction of said site on which said fortifications shall be erected.
2. That the exclusive jurisdiction of a certain tract of land called Bogue Banks, butted and bounded as follows, to wit: Beginning at a point on the
Atlantic shore, thence a line due North and South will touch the extreme end of a line extending west two thousand seven hundred and ninety-five yards from a point at the extreme east end of Bogue Banks, thence from the beginning due North across Bogue Banks four hundred and eighteen yards till it meets the water’s edge, thence eastwardly following the shore along Fishing Creek, and along the shore to the extreme eastern point of Bogue Banks, thence round said point along the Atlantic Ocean westwardly to the beginning containing four hundred and five acres and fifty-nine hundredths, more of less, shall be ceded and stand vested in the United States, as soon as the proprietors of said land shall convey the same to the United States; or in case the proprietors shall refuse to convey, or be unknown, then as soon as the said land shall be viewed, laid off and valued as hereinafter shall be directed; saving and reserving to the present proprietors of the fisheries the right of fishing upon said Banks as heretofore exercised by them.
3. That should the owner or owners of said land be unknown or refuse to sell the same for a fair price and the United States shall by their attorney for the District of North Carolina file with his Excellency the Governor of this State a suggestion in writing, setting forth their desire to obtain a site for the erection of fortifications on said lands called Bogue Banks and describing in such suggestion the situation of such site and the name of the owner or owners, if known, it shall de the duty of the Governor forthwith to transmit a copy of such suggestion to one of the Judges of the Superior Courts of Law and Equity of this State who shall on receipt thereof issue a writ of venire facias to the Sheriff of the County in which site so required is situated commanding him to summon twenty-four freeholders of his County to appear on the premises on a day certain, from which he shall draw by lot a jury of eighteen persons entirely unconnected with the owner or owners of such land, who being duly sworn by the Sheriff or his lawful deputy, either of whom is hereby authorized and empowered to administer the oath to the said jurors truly and impartially to value lay off and allot to the United States 405.59 acres of land aforesaid under their hands and seals in the presence of such Sheriff or his lawful deputy who shall deliver the said writ of venire facias with his return thereon and the report of the jury under their hands and seals, within ten days thereafter to the public register of the County in which such site and lands lie who shall forthwith register the same in the records of his office; and thereupon the United States shall on payment of the valuation to the person or persons to whom such lands belong, or if such person or persons refuse to accept the same, or be unknown, on payment of the same into the public Treasury of this State, therein to await the order or demand of the rightful owner, be seized thereof for the purpose mentioned in this act: Provided Always and Upon Express Condition, That such site for the purpose of erecting fortifications and the annexed land laid off and allotted as above mentioned shall be so used within five years after the filing of such petition, and be and occupied continuously thereafter for such purposes; otherwise such site and annexed land shall revert to this State.
4. That nothing herein contained shall be so construed as to debar or hinder any of the officers of this State from serving any process or levying executions within the limits ceded by this act to the United States, in the same manner and to the same effect as if this act had never been made. (Ratified Jan. 4, 1826.)
MILITIA TARGET RANGES.
DUNN. This range is situated in Sampson County and comprises an area of 7.7 acres, more of less.
Title. 1. Deed from Y. P. Tart and wife and Thomas H. Webb, mortgagee, dated March 27, 1915, conveying 7.25 acres. Recorded in book 270, page 29, office of the register of deeds of Sampson County.
2. Deed from E. H. Jernigan and wife, dated March 27, 1915, conveying 0.45 of an acre more of less. Recorded in deed book 270, page 36, of same records.
Morehead City. This range is situated in Carteret County, and comprises an area of about 25.6 acres.
Title. 1. Deed from Kilby Oglesby et al., dated August 4, 1906, conveying 11.7 acres. Recorded in book 7, page 428, office of register of deeds, Carteret County.
2. Deed from John C. Banks et al., dated August 14, 1906, conveying 13.4 acres. Recorded in book 7, page 427, of same records.
3. Deed from John C. Banks et ux., dated July 13, 1908, conveying about one-half acre. Recorded in book 8, page 146, of same records.
NEWBERN NATIONAL CEMETERY
This reservation is situated at Newbern, in Craven County, and contains an area of 7.69 acres.
Title. 1. Deed from William P. Moore and wife, dated March 13, 1869, conveying 7.589 acres of land. Recorded in book No. 69, folio 323, of the deed records of Craven County.
2. Deed from Isaac N. Hughes and wife, dated July 1, 1874, conveying an additional strip of land. Recorded in book 75, folio 344, etc., of same records.
3. Deed of release from Murray, Ferris & Co., dated November 8, 1869, conveying interest in premises conveyed by Hughes. Recorded in book No. 70, folio 233, etc., of same records.
4. Deed from the city of Newbern, dated November 26, 1888, conveying right of way 60 feet wide from said city to the cemetery. Recorded in book 182, folio 269, of same records.
Revocable licenses. October 11, 1906, to the John L. Roper Lumber Co., Norfolk, Va., to cross the Government approach roadway with a railroad track.
October 1, 1907, to the Oaks Manufacturing Co., Newbern, N. C., to cross said roadway with a railroad track.
October 26, 1912, to the Suburban Improvement Co., Newbern, N. C., to lay and maintain a concrete sidewalk on the north side of said roadway for a distance of approximately 1,200 feet.
April 12, 1913, to same company to construct and maintain water and sewer mains on the east side of said roadway.
November 8, 1913, to the Home Telephone & Telegraph Co. to erect poles and string wires thereon along said roadway.
September 2, 1915, to William T. Hill et al., to lay sewer and water pipes across said roadway at Riverview.
Jurisdiction. Ceded to the United States by the following act of the State legislature of March 28, 1870:
Whereas the government of the United States of America has purchased for use as a national cemetery a certain piece of parcel of land in Craven county, bounded and described as follows, to wit: * * * containing seven and five hundred and eighty-nine thousandths acres; and whereas it is expedient that the United States should have exclusive jurisdiction of the land described above and used as aforesaid; Therefore¾
Section 1. The General Assembly of North Carolina do enact, That the exclusive jurisdiction of the seven acres, five hundred and eighty-nine thousandths of an acre of land in Craven county, and used as a national cemetery, shall be ceded and is hereby vested in the United States upon condition that the said national cemetery be continued and kept up.
Sec. 2. That nothing herein contained shall be so construed as to debar or hinder any of the officers of this State from levying any process or levying execution within the limits over which jurisdiction is by this act ceded to the United States, in the same manner and to the same effect as if this act had never been passed. (Ratified Mar. 28, 1870.)
RALEIGH NATIONAL CEMETERY.
This reservation is situated at Raleigh, in Wake County, and contains an area of 7.83 acres.
Title. Deed from the State of North Carolina, dated January 17, 1871, conveying entire tract. Recorded in book 38, page 83, of the deed records of Wake County.
Jurisdiction. Ceded to the United States by the following act of the State legislature of April 10, 1869:
Section 1. The General Assembly of North Carolina do enact, That the Governor of this State be, and he is hereby, authorized and directed to grant or cede, in behalf of the State, to the United States of America, a certain parcel of land, situated in the county of Wake, the same being a rectangular tract of land, five hundred and twenty-four (524) feet in width, and bounded on the north by land owned by B. F. Moore, on the east by the land owned by J. P. H. Russ, and on the south and west by land owned by this State.
Sec. 2. That this grant is made in consideration of the United States occupying this parcel of land herein directed to be granted as a National Cemetery; and whenever it shall cease to be used for such purposes, the title to the same shall revert to this State.
Sec 3. That nothing herein contained shall be so construed as to debar or hinder any officers of this State from suing any process or levying executions within the limits of this act, ceded to the United States in the same manner and to the same effect as if this act had never been passed. (Ratified Apr. 10, 1869.)
SALISBURY NATIONAL CEMETERY.
This reservation is situated at Salisbury, in Rowan County, and contains an area of about 6 acres.
Title. 1. Deed from Joseph Horah and wife, dated January 7, 1870, conveying 3 acres 3 roods and 10 poles of land. Recorded in book 45, page 553 of the deed records of Rowan County.
2. Deed from Joseph Horah and wife, dated January 7, 1874, conveying 4,882 square feet of land. Recorded in book No. 47, page 553, of the same records.
3. Deed from M. B. McCanless and wife, dated March 5, 1907, conveying strip of land for right of way. Recorded in liber 112, page 466, of same records.
4. Deed from the same, dated November 28, 1907, conveying easement for slopes, fills, and drainage ditch of Government roadway. Recorded in liber 116, page 117, of same records.
5. Deed from the same, dated March 10, 1909, conveying land adjoining Government road for the construction of a sidewalk. Recorded in liber 119, page 320, of same records.
Revocable licenses. August 20, 1908, to the city of Salisbury, N. C., to lay and maintain water and sewer pipes along Government roadway leading to cemetery.
May 9, 1910, to C. A. Montgomery to construct and maintain crossing over sidewalk on the east side of said roadway.
August 20, 1913, to H. E. Walser to construct driveway across said roadway in front of his premises.
October 28, 1913, to J. F. Rulfs to construct driveway across sidewalk and roadway.
October 28, 1913, to the Salisbury Water Works to tap 2-inch water pipe extending along said roadway for the purpose of supplying water to property of J. F. Rulfs.
January 31, 1914, to the Salisbury Water Works to tap 2-inch water pipe extending along said roadway for the purpose of supplying water to colored school.
July 19, 1914, to the North Carolina Public Service Co. to place seven electric light poles along said roadway and to string and maintain wires thereon.
Jurisdiction. Ceded to the United States by the following act of the State legislature of February 10, 1872:
Section 1. The General Assembly of North Carolina do enact, That it shall be lawful for the government of the United States, or any person under authority of the same, to purchase a tract, piece, or parcel of land in the county of Rowan and State of North Carolina, now occupied as a national cemetery; Provided, Said tract or parcel of land shall not exceed ten acres.
Sec. 2. That all deeds conveyances or other title paper for the same shall be recorded as in other cases in the office of the register of deeds in which the lands so conveyed may lie, in the same manner and under the same regulations as other deeds and conveyances are now recorded, an in like manner may be recorded a sufficient description by metes and bounds, courses and distances, of any tract or tracts or legal division of any public land belonging to the United States, which may be set apart by the general government for the purpose before mentioned by an order, patent or other official document or papers so describing such land.
Sec. 3. That the said lot or parcel of land, together with the tenements and
appurtenances for the purpose before [men]tioned, shall be exempt from taxation by the State of North Carolina.
Sec. 4. That nothing herein contained shall be so construed as to bar or hinder any of the officers of this State from executing any process or levying an execution within the limits of said tract or parcel of land so held and purchased by the government of the United States, in the same manner as if this act had never been passed. (Ratified Feb. 10, 1872.)
WILMINGTON NATIONAL CEMETERY.
This reservation is situated at Wilmington, in New Hanover County, and contains an area of 5 acres.
Title 1. Deed from Isaac D. Ryttenberg, dated February 20, 1867, conveying 5 acres of land. Recorded in book C C C, page 22, etc., of the deed records of New Hanover County.
2. Deed from William A. Wright and wife, dated December 10, 1877, conveying a tract therein described. Recorded in book N N N, page 804, etc., of same records.
Jurisdiction. Ceded to the United States by the following act of the State legislature of January 22, 1875:
Section 1. The General Assembly of North Carolina do enact, That it shall be lawful for the government of the United States, or any person under authority of the same, to purchase a tract, piece or parcel of land situated near the eastern boundary of the city of Wilmington, North Carolina, containing five (5) acres, and adjoining the lands of Benjamin White and others, * * * now occupied as a National Cemetery; Provided, Said tract or parcel of land shall not exceed ten acres.
Sec. 2. That all deeds, conveyances or other like papers for the same shall be recorded as in other cases in the office of register of deeds in which the lands so conveyed may lie, in the same manner and under the same regulations as other deeds and conveyances are now recorded, and in like manner may be recorded a sufficient description by metes and bounds, courses and distances of any tract or tracts or legal divisions of any public land belonging to the United States, which may be set apart by the general government for the purpose before mentioned by an order, patent or other official documents or papers so describing such land.
Sec. 3. That the said lot or parcel of land, together with the tenements and appurtenances for the purpose before mentioned, shall be exempt from taxation by the State of North Carolina.
Sec. 4. That nothing herein contained shall be so construed as to bar or hinder any of the officers of this State from executing any process or levying an execution within the limits of said tract or parcel of land so held and purchased by the government of the United States, in the same manner as if this act had never been passed. (Ratified Jan. 22, 1875.)
