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For a list of places in respect to which jurisdiction, more or
less extensive, has been ceded to the United States, see Code of
Laws, South Carolina, 1902, volume 1, section 3, pages 4 to
18.
GENERAL ACT OF CESSION.
Session laws of 1871, chapter
14, page 535, section 1, as set out in the Code of Laws of South
Carolina for 1902, volume 1, page 21, as follows:
Sec. 9. The
jurisdiction of the State of South Carolina Is hereby ceded to the
United States over so much land as Is necessary for the public
purposes of the United States; but the jurisdiction hereby ceded
shall not vest until the United States shall have acquired the title
to the lands, by grant or deed, from the owner or owners thereof,
and the evidences thereof shall have been recorded In the office
where, by law, the title to such land is recorded. The United States
are to retain such Jurisdiction so long as such lands shall be used
for the purposes aforementioned, and no longer; and such
Jurisdiction Is granted upon the express condition that the State of
South Carolina shall retain a concurrent jurisdiction with the
United States in and over the said lands, so far as that civil
process, in all cases not affecting the real or personal property of
the United States, and such criminal or other process as shall Issue
under the authority of the State of South Carolina, against any
person or persons charged with crimes or misdemeanors committed
within or without the limits of the said lands, may be executed
therein, in the same way and manner as If no Jurisdiction had been
thereby ceded.
Sec. 10. All lands and tenements which may be
granted, as aforesaid, to the United States shall be and continue,
so long as the same shall be used for the purposes in the last
section mentioned, exonerated and discharged from all tuxes,
assessments and other charges which may be imposed under the
authority of the State of South Carolina.
BAY POINT.
This
reservation is situated on Phillips Island, north of the entrance to
Port Royal Sound, in Beaufort County, and contains an area of 126
acres, being all the land in the west half of Section 8, Township 3
South.
Title.-The lands comprising this reservation were bid
in by an agent of the United States, for the United States, at a
sale for direct taxes immediately at the close of the Civil War, and
while in the hands of the direct tax commissioners as the property
of the United States, were excepted from further disposition and
declared a reservation for military purposes by Executive order of
October 27, 1874. (See act of Congress approved July 16,1866,14
Stat., 175.)
Jurisdiction.-See "General act of
cession."
BEAUFORT NATIONAL CEMETERY.
This reservation is
situated at Beaufort, in Beaufort County, and contains an area of
31.5 acres.
Title.-1. Under authority of act of February
6,1863 (12 Stat., 640) and Executive order of February 10, 1863, the
tract known as Polly's Grove, containing 64 acres, was on March 4,
1863, selected for various public purposes and acquired at direct
tax sale, held March 11, 1863. A portion of this tract, containing
29.8 acres, was used as a military cemetery; and the title thereto
approved by the Attorney-General March 25, 1869.
(See Appendix, page 523.)
2. Lease for 99 years by town
council of Beaufort to the United States of lot 124 in the town of
Beaufort, containing 1.7 acres. Lease dated April 10, 1868. Recorded
in book No. 7, page 196, of the deed records of Beaufort
County.
3. Lease for 56 years from April 10, 1911, by the
town council of Beaufort to the United States of the northeast
quarter of lot No. 132, in the town of Beaufort, in consideration of
lease by the United States for five years to the town of Beaufort of
lot No. 124, in said town. Recorded in lease book, page 160, of the
records of Beaufort County.
Jurisdiction.-See "General act of
cession."
FLORENCE NATIONAL CEMETERY.
This reservation is
situated near Florence, in Darlington County, and contains an area
of 3.76 acres, together with a right of way.
Title.-1. Deed
from James B. Jarrott, executor, etc., dated January -, 1872,
conveying 3.76 acres. Recorded in book H H, page 231, etc., in the
office of register of mesne conveyances for Darlington
County.
An act of Congress, approved Jan. 8, 1889 (25 Stat.,
641), provides for the building of a gravel or macadamized road from
the town of Florence to the national cemetery.)
2. Ordinance
by the intendant and wardens of the town of Florence granting to the
United States right of way, etc., on streets leading toward cemetery
within the corporate limits of said town. Passed and ratified
February 5, 1889.
3. Order and resolution of county court of
Florence County, granting to the United States right of way to
national cemetery over county road, etc. The said road now being
embraced within the limits of Florence County by act of the State
legislature approved December 22, 1888. Order and resolution adopted
February 26, 1889.
4. Report of special road commissioners
giving increased width to roadway confirmed by the county court
March 18, 1889.
Jurisdiction.-Ceded to the United States by
an act of the State legislature approved January 16, 1873, which act
provides as follows:
Section 1. Be it enacted, etc., That the
Jurisdiction of the State of South Carolina Is hereby ceded to the
United States of America over certain lands situated In the County
of Darlington and near the town of Florence, known as the " National
Cemetery;" Provided, That the Jurisdiction hereby ceded shall not
vest until the United States of America shall have acquired the
title to the said lands by grant or deed from the owner or owners
thereof, and the evidences of the same shall have been recorded in
the office where by law the title to such lands is recorded; and the
United States of America are to retain such jurisdiction so long as
such lands shall be used for the purposes, in this Act mentioned,
and no longer; and such jurisdiction is granted upon the express
condition that the State of South Carolina shall retain a concurrent
jurisdiction with the United States in and over the said lands so
far as that civil process, in all cases not affecting the real or
personal property of the United States, and such criminal or other
process as shall issue under the authority of the State of South
Carolina, against any person or persons charged with crimes or
misdemeanors committed within or without the limits of said lands,
may be executed therein in the same way and manner as if no
jurisdiction had been ceded.
Sec. 2. That all lands and
tenements which may be granted as aforesaid to the United States
shall be and continue, so long as the same shall be used for the
purposes in this act mentioned, exonerated and discharged from all
taxes, assessments and other charges which may be imposed under the
authority of the State of South Carolina.
See also "General act
of cession."
FORT FREMONT.
This reservation is situated on
St. Helena Island, in Beaufort County, near Fort Royal, and contains
about 170 acres, as announced in G. 0. 90, W. D., May 14,
1906.
Title.-1. Deed from F. A. Dran, dated April 28, 1898,
conveying lot No. 11, and fractional lots Nos. 10 and 23,in sec. 22,
T. 2 S., R. 1W. of St. Helena meridian. Recorded in book B, page 62,
of the records of Beaufort County.
2. Order of the district court
of the United States for the eastern district of South Carolina,
dated June 30, 1899, vesting the title in fee simple in the United
States of a tract of land containing 10 acres, late the property of
Jack Freeman.
3. Deed from Jacob Meyers dated October 12, 1899,
conveying 10 acres of land. Deed recorded in book B,
page 63, of same records.
4. Decree of condemnation for 20 acres
of land, in case of the United States v. Ellen Crofut, in the
district court of the United States for eastern district of South
Carolina. Rendered October 12, 1900, and filed in the clerk's office
of said court.
5. Deed from Ellen A. Crofut, dated August 13,
1903, conveying lot 60, sec. 15 S., R. 1 W., St. Helena meridian,
containing 10 acres. Recorded in clerk's office of county court, in
volume 25, page 363.
6. Deed from July Fripp, dated September 19,
1903, conveying one-half of lot 5, sec. 22, T. 2 S., R. 1 W.,
containing 5 acres. Deed recorded in volume 25, page 364, of same
records.
7. Deed from Andrew Jenkins and Ellen Williams, dated
September 25,1903, conveying one-half of lot 5, sec. 22, T. 2 S., R.
1 W., containing 5 acres. Recorded in volume 25, page
366, of same records.
8. Deed from the clerk of the district
court, dated November 23, 1903, conveying lot 21, sec. 22, T. 2 S.,
R. 1 W., containing 10 acres. Recorded in volume 25, page 394, of
same records.
9. Deed from the clerk of the district court, dated
November 23, 1903, conveying lot 22, sec. 22, T. 2 S., R. 1 W.,
containing 10 acres. Recorded in volume 25, page 400, of same
records.
10. Deed from the clerk of the district court,
dated November 23,1903, conveying lot 28, sec. 22, T. 2 S., R. 1 W.,
containing 10 acres.Recorded in volume 25, page 398, of same
records.
11. Deed from the clerk of the district court,
dated November 23,1903, conveying lot 12, sec. 22, T. 2 S., R. 1 W.,
containing 10 acres.Recorded in volume 25, page 396, of same
records.
The above conveyances, 8 to 11, inclusive, were executed
pursuant to a decree of condemnation in the district court of the
United States for the eastern district of South Carolina, rendered
November 20, 1903.
12. Deed from clerk of circuit court, dated
August 20, 1904, conveying lots 26 and 27, sec. 22, T. 2 S., R. 1.
W., of St, Helena meridian, containing 10 acres. Recorded in book
25, page 502, of the records of Beaufort County.
13. Deed from
clerk of circuit court, dated August 20,1904, conveying lots 38 and
39, sec. 22, T. 2 S., R. 1 W., of St. Helena meridian, containing 10
acres. Recorded in book 25, page 500, of same
records.
The above deeds 12 and 13 were executed in pursuance of
decrees of condemnation in the circuit court of the United States
for the district of South Carolina, rendered April 9, 1904, and
filed the same day in clerk's office of said court.
14. Deed
from Ellen A. Crofut. dated January 31, 1905, conveying lot 57, sec.
15, T. 2 S., R. 1 W. Recorded in book 26, page 114, of same
records.
Upon investigation it was found that title to lot 37,
containing 10 acres, was already in the United States, it having
been purchased in 1863 at a sale for taxes.
Jurisdiction.-See u
General act of cession."
HILTON HEAD.
This reservation is
situated south of the entrance to Port Royal Sound, in Beaufort
County, and contains an area of 803 acres.
Title.-The lands
comprising this reservation were bid in by an agent of the United
States for the United States at a sale for direct taxes immediately
at the close of the Civil War, and while in the hands of the direct
tax commissioners as the property of the United States were excepted
from further disposition and declared a reservation for military
purposes by Executive order of October 27, 1874. (See act of
Congress approved July 16,1866,14 Stat., 175.)
Jurisdiction.-See
"General act of cession."
FORT MOULTRIE.
The several
reservations of this post are situated on Sullivans Island north of
the main entrance to Charleston Harbor, and nearly opposite Fort
Sumter, and comprise an area of approximately 298
acres.
Title.-The title to the original Fort Moultrie tract is
set out in numbers 1, 2, and 3, as follows:
1. Ceded to the
United States by the State of South Carolina by an act of the
legislature passed December 19, 1805.
2. Land surveyed and
regranted to the United States by an act of the State legislature
passed December 18, 1846.
3. Deed from G. B. Dyer, dated January
9, 1844, conveying n small burial lot containing about 1,500 feet of
ground. Recorded in secretary of state's office, at
Charleston, in miscellaneous record book BBBBB, page 18,
etc.
The acts of December 19, 1805, and December 18, 1846.
cede both title and jurisdiction, and provide as follows:
Be it
enacted, etc... That there shall be and hereby is granted to the
United States of America, all the right, title and claim of this
State, to the following forts, fortifications, and sites for the
erection of forts, In manner following:
All the land reserved for
Fort Moultrie on Sulllvans Island, provided the same shall not
exceed five acres, with all the forts, fortifications and buildings
thereon, together with the canal leading from the cove on the back
of the fort, nearly up to the same, as delineated on the plan of
Charleston harbor by Colonel Seuf and Is in the Secretary of State's
office at Columbia.
The high lands and part of the marsh
belonging to Fort Johnson,1 as delineated on the said plan of
Charleston Harbor, provided the same shall not exceed twenty acres,
including the present site of Fort Johnson.
The land on which
Fort Pinckney is built, and three acres around the same
A
portion of the sand bank marked C, on the southeastern most point of
Charleston, as delineated on the said plan of Charleston harbor, not
exceeding two acres.
A quantity of land, not exceeding four
acres, for a battery or fort, and necessary buildings, on Dr.
Blythe's point of land at the mouth of Sampit river.
The small
Island in Beaufort river called Mustard Island, opposite Pairo
Island, and a tract of land on St. Helena Island, opposite the same,
not exceeding seven acres of land, as being a commanding ground for
a principal fort.
And be it further enacted, etc... That the
following persons, viz: Col. Thomas Grayson, Captain John Jenkins,
and William Elliott, Brigadier-General Reid, the intendent of
Charleston for the time being, Colonel Daniel Stevens, Joseph
Alston, Brigadier-General Conway and Major Savage Smith, or any two
of them, be, and they are hereby appointed Commissioners, and
authorized to locate, by proper metes and bounds, at the expense of
this State, so far as the charges of surveyors shall be incurred,
all or any the above mentioned sites; and who shall return 2 into
the office of the Secretary of this State, on or before the first
day of January, in the year of our Lord one thousand eight hundred
and seven, fair plats of survey, and accurate description of the
said lands, forts, fortifications and sites, so ceded, setting forth
the limits and bounds of the same.
And be it further enacted,
etc., That If the United States shall not within three years from
the passage of this act, and notification thereof by the Governor of
this State to the Executive of the United States, repair the
fortifications now existing thereon, or build such other forts or
fortifications ns may be deemed most expedient by the Executive of
the United States on the same, and keep a garrison or garrisons
therein, in such case this grant or cession shall be void and of no
effect.
And be it further enacted, That all process civil or
criminal, issued under the authority of this State or any officer
thereof, shall and may be served and executed on any part of lands
and sites, forts and fortifications, so ceded by this act, and on
any person or persons there being and implicated In matters of law:
Provided always, that the lands, sites, forts and fortifications so
ceded, shall forever be exempt from any tax to be paid to this
State: And provided alio, the United States shall, before possession
be taken of the said sites so to be laid out by the above
Commissioners, some of which are private property, give and pay due
compensation to the owners and proprietors of the same. (Passed Dec.
19, 1805.)
1. Be it enacted, etc... That there shall be, and
hereby is granted to the United States of America, all the right,
title and interest of the State to the lands, forts and
fortifications and sites for the erection of forts on Sulllvans
Island, James Island, and Shute's Folly Island, as delineated in a
plan of survey made by Robert Q. Pinckney, on the Seventeenth day of
November, in the year One thousand eight hundred and forty-six,
under the direction of the Commissioners appointed by His
Excellency, Governor Aiken, under a joint resolution of the
Legislature, passed on the fifteenth day of December, in the year,
One thousand eight hundred and forty-five. Provided, That this Act
shall not take effect until the United States Government shall have
conveyed to the State of South Carolina all the right, title and
interest of the United States, in the land lying between the present
site of Fort Moultrie and the parade ground, which is indicated as a
street in the aforesaid plan of survey, and until said plan of
survey shall have been deposited in the office of the Secretary of
State at Columbia.
2. That all process, civil or criminal,
issued under the authority of this State, or any officer thereof,
shall and may be served and executed, on any part of the lands and
sites, forts and fortifications so ceded by this act, and on any
person or persons there being implicated in matters of law: Provided
always. That the lands, sites, forts and fortifications so ceded
shall be exempt from any tax to be paid to this State: And provided
also, That nothing contained in this act, shall be construed to
interfere with the rights and property of the citizens or so as to
affect any of the streets, thoroughfares or public buildings on the
said Islands. (Passed Dec. 18, 1846.)
1 Fort Johnson was transferred to the Treasury
Department, July 23, 1906, under act of Congress approved June 19,
1900 (34 Stat., 299), for the permanent use of the Public Health and
Marine-Hospital Service.
2 Commissioners made report dated August
14, 1807. The condition recited in the foregoing act of
December 18, 1846, having been complied with on the part of the
United States, David Johnson, governor of South Carolina, executed a
deed conveying to the United States the lands, etc., cited in said
act. Deed dated June 5, 1848, and recorded in the mesne conveyance
office, Charleston district, July 5,1848, in book B, No. 12, page
102, etc.
The title to the additions to the original
reservation was in the State of South Carolina, which, by custom
sanctioned by legislative enactment, permitted the occupancy and
improvement of the same by private individuals as tenants from year
to year. These additions were granted to the United States by acts
of the State legislature, approved December 24, 1894, February 9,
1900, February 8, 1901, March 2, 1903, February 22, 1905, February
19, 1906, and by act of February 20, 1908, as amended by act of
March 4, 1909, upon condition that the grant shall not be effectual
as to any portion of the premises * * * in which any person or
persons have now any right, title or interest or upon which any
person or persons now own or have any structures or improvements
until the United States of America shall have compensated such
person or persons for such right, title and Interest and for such
buildings, structures and improvements, and acquired the title of
such person or persons thereto.
The metes and bounds of the
several reservations comprised under the post of Fort Moultrie,
except the tract 40 by 75 feet, acquired for "secondary mine-defense
observing station" and except the addition of about 2.25 acres on
the west of the original reservation granted by act of February
20,1908, as amended by act of March 4, 1909, are published in G.
0.140, W. D., August 7,1906.
The following deeds, etc.,
release the title of the owners of improvements, etc., on lots
comprised within three tracts of land, designated below as tracts A,
B, and C, which were granted to the United States by act of the
State legislatures, approved December 24, 1894:
Lot. 101. Deed
from Margaret T. Stone, executrix, and H. D. Alexander, executor,
etc., dated February 14, 1896. Recorded in book R 22, page 176, in
the register's office of mesne conveyances, Charleston County, S.
C.
Lot 102. Deed from Hermann Klathe, dated October 28,1895.
Recorded in book R 22, page 122, same office.
Lot 103. Deed from
Harriott R. Simons, dated October 28, 1895.Recorded in book R 22,
page 126, same office.
Lot 104. Deed from Caroline C. Williams,
dated December 12, 1895. Recorded in book Y 22, page 5,
same office.
Lot 105. Decree of condemnation in case of the
United States v. Pauline S. Heyward, in the court of common pleas in
and for the county of Charleston. Decree made final
March 26, 1897.
Lot 106. Deed from Anna L. Walker, dated December
5, 1896. Recorded in book R 22, page 387, same office.
Lot 107
and lot 108. Deed from Mary L. Snowden, dated March
20,1897. Recorded in book R 22, page 475, same
office.
Lots 119,120,121,126, and 127. Deed from Asher D. Cohen,
dated July 25, 1896. Recorded in book R 22, page 292,
same office.
Lot 122. Deed from Henrietta V. Mazyck, dated
November 24, 1896. Recorded in book R 22, page 374, same
office.
Lot 123. Deed from Wilhelmina L. Eason, dated July 27,
1896. Recorded in Book R 22, page 289, same office.
Lot 124. Deed
from E. C. Steinmeyer, administrator, etc., dated June
12,1897. Recorded in book R 22, page 548, same
office.
Lot 125. Deed from Edwin W. Moise, dated February 14,
1896. Recorded in book Y 22, page 17, same office.
Lot 128. Deed
from Sarah M. Dawson, dated July 28, 1896. Recorded in book R 22,
page 291, same office.
Lot 128-a. Deed from J. Alice Arnold,
dated December 5, 1896. Recorded in book R 22, page 388, same
office.
Lot 137. Deed from J. O. Beckman, dated December 27,1895.
Recorded in book Y 22, page 8, same office.
Lot 138. Deed from
Euterpe W. Jones, dated December 14, 1895. Recorded in book Y 22,
page 1, same office.
Lot 139. Deed from Mary Cogswell, dated
September 22, 1896. Recorded in book R 22, page 328, same
office.
TRACT B.
Lot 225. Deed from John Vollers, dated
April 18, 1896. Recorded in book Y 22, page 70, same office.
Lot
226. Decree of condemnation in case of the United States v. John V.
McNamee, in the court of common pleas in and for the county of
Charleston. Decree made final March 25, 1897.
Lot 239. Deed
from the Carolina Savings Bank, dated November 14, 1895.
Recorded in book Y 22, page 4, same office.
Lot 240. Decree of
condemnation in case of the United States v. A. W. Eckel, in the
court of common pleas in and for the county of
Charleston. Decree made final March 25, 1897.
Lot
241. Decree of condemnation in case of the United States v. C. M.
Drake, in the court of common pleas in and for the county of
Charleston. Decree made final March 25, 1897.
Lot
242. Decree of condemnation in case of the United States v. Mary L.
A. Holton, in the court of common pleas in and for the county of
Charleston. Decree made final March 26, 1897.
Lot
255. Deed from Joseph G. Police, dated July 27, 1896. Recorded in
book R 22, page 295, same office.
Lot 256. Decree of condemnation
in case of the United States v. Johanna Michaelis, in the court of
common pleas in and for the county of Charleston. Decree
made final March 26, 1897.
Lot 259. Deed from Anna Josepha
Wilson, dated December 13,
1895. Recorded in book Y 22, page
3, same office.
Lot 260. Deed from Hannah Triest, dated November
7, 1895. Recorded in book R 22, page 123, same office.
Lot U and
lot V. Decree of condemnation in case of the United States v. M. A.
Gilchrist, in the court of common pleas in and for the county of
Charleston. Decree made final March 19, 1897.
Lot W.
Deed from Margaret A. S. Gadsden, dated August 6, 1896. Recorded in
book R 22-page 340, same office.
Lot X. Deed from W. St. J.
Jervey, dated November 2, 1895. Recorded in book R 22, page 125,
same office.
Lot Y and lot Z. Deed from Caroline M. Schachte,
dated July 25, 1896. Recorded in book R 22, page 294, same
office.
TRACT C
Lot 243. Deed from M. P. Patterson, dated November 5, 1895.
Recorded in book R 22, page 127, same office.
Lot 244. Deed from
John J. O'Hagan, dated November 7, 1895. Recorded in book R 22, page
129, same office.
Lots 245, 246, 263, 264, and 265, were found to
be free from private claims, and title depends solely on grant from
State.
Lot 247. Deed from Thomas Roddy, dated November 5, 1895.
Recorded in book R 22, page 128, same office.
Lot 248. Deed from
Auguste C. Bequest, dated March 26, 1896. Recorded in book Y 22,
page 54, same office.
Lot 249. Deed from John Boyd,
administrator, etc., dated March 20, 1896. Recorded in
book R 22, page 204, same office.
Lot 250. Deed from John C.
Boesch, dated December 12, 1895. Recorded in book Y 22, page 2, same
office.
Lot 267. Deed from Johanna F. C. H. Schroder, dated March
27, 1896. Recorded in book Y 22, page 55, same
office.
Lots 268 and 269. Deed from J. E. Follen, dated November
12, 1895. Recorded in book Y 22, page 6, same
office.
Lot B. Deed from Sarah E. Thompson, dated March 18, 1896.
Recorded in book R 22, page 202, same office.
The following
deeds release the title of the grantors to improvements, etc., on
lots comprised within premises ceded to the United States by act of
the State legislature, approved February 9, 1900:
Lot 131. Deed
from Kate Blanchard, dated February 18, 1901. Recorded in book X 23,
page 46, in the register's office of mesne conveyances, Charleston
County, S. C.
Lot 132. Deed from H. L. P. Bolger, dated February
18, 1901. Recorded in book X 23, page 64, same office.
Lot 140.
Deed from C. H. Schultz, dated February 18, 1901. Recorded in book X
23, page 125, same office.
Lot 141 and lot 144. Deed from W. G.
Muckenfuss, dated February 18, 1901. Recorded in book X
23, page 83, same office.
Lot 142. Deed from Mary O. Aimar, dated
February 16, 1901. Recorded in book X 23, page 37, same
office.
Lot 143. Deed from C. H. Muckenfuss, dated February 18,
1901. Recorded in book X 23, page 82, same office.
Lot 145. Deed
from William B. Minott, dated February 18, 1901. Recorded in book X
23, page 77, same office.
Lot 146. Deed from Anna D. Baer,
administratrix, etc., dated February 16, 1901. Recorded
in book X 23, page 41, same office.
Lot 147. Deed from W. M.
Muckenfuss, dated February 16, 1901. Recorded in book X 23, page 87,
same office.
Lot 148. Deed from W. G. Muckenfuss, dated February
18, 1901. Recorded in book X 23, page 85, same office.
Lot 149
and lot A-4. Deed from Henrietta V. Mazyck, dated February 18,
1901. Recorded in book X 23, page 75, same
office.
Lot 150. Deed from Rosa E. Truesdale, dated February 18,
1901. Recorded in book X 23, page 132, same office.
Lot 151. Deed
from Josephine McGuire, dated February 16, 1901. Recorded in book X
23, page 90, same office.
Lot 152. Deed from Priscilla S.
Salters, dated February 16, 1901. Recorded in book X 23, page 118,
same office.
Lot 153. Deed from A. B. Muckenfuss, dated February
18, 1901. Recorded in book X 23, page 80. same office.
Lot 154.
Deed from Harriet S. Pringle, dated February 18, 1901. Recorded in
book X 23, page 111, same office.
Lot 155. Deed from Mattie R.
Riggs, dated February 18, 1901. Recorded in book X 23, page 113,
same office.
Lot 156. Deed from Geo. W. Williams, dated February
16, 1901. Recorded in book X 23, page 141, same office.
Lot 157.
Deed from Henry Buist et al., trustees, dated December 18,
1900. Recorded in book X 23, page 52, same
office.
Lot 158. Deed from A. D. Anderson, dated February 16,
1901. Recorded in book X 23, page 38, same office.
Lot 159 and
lot 160. Deed from Mary Chambers et al., dated February 18,
1901. Recorded in book X 23, page 54. same
office.
Lot 161. Deed from Louis Sherfesee et al.. dated February
18, 1901. Recorded in book X 23, page 128, same
office.
Lot 162 and lot 166. Deed from Michael H. Collins, dated
February 18, 1901. Recorded in book X 23, page 61, same
office.
Lot 163 and lot A 14. Deed from John P. De Veaux, dated
February 16, 1901. Recorded in book X 23, page 70, same
office.
Lot 164. Deed from Mary J. O'Neill, dated February 18,
1901. Recorded in book X 23, page 108. same office.
Lot 165. Deed
from Mary A. Corry, dated February 16, 1901. Recorded in book X 23,
page 63, same office.
Lot 167 and lot A 2. Deed from Henry J.
O'Neill, dated February 18, 1901. Recorded in book X 23,
page 102, same office.
Lot 168 and lot 173. Deed from Benjamin
Mclnnes. dated February 16, 1901. Recorded in book X 23,
page 93. same office.
Lot 169. Deed from Evalena Sharkey, dated
January 30, 1901. Recorded in book X 23, page 127, same
office.
Lot 170. Deed from Richard J. Morris, dated February 16,
1901. Recorded in book X 23, page 79, same office.
Lot 171. Deed
from John Mclnerny, dated February 16, 1901. Recorded in book X 23,
page 91, same office.
Lot 172. Deed from Ellen Beasley, dated
February 16, 1901. Recorded in book X 23, page 45, same
office.
Lot 172 1/2. Deed from Charles Nelson, dated February 16,
1901. Recorded in book X 23, page 99, same office.
Lot 174. Deed
from Frederick Stent, dated February 25, 1901. Recorded in book X
23, page 131, same office.
Lot 175. Deed from Roger McKevlin,
dated February 18, 1901. Recorded in book X 23, page 96, and same
office.
Lot 176 and lot 177. Deed from Thomas Wilson, dated
February 18, 1901. Recorded in book X 23, page 143, and
same office.
Lot 178. Deed from Cecelia A. McNamee, dated
February 18, 1901. Recorded in book X 23, page 97, and same
office.
Lot 179. Deed from Caroline C. Williams, dated February
16,1901. Recorded in book X 23, page 140, same office.
Lot 180.
Deed from Julius E. Cogswell, dated February 16, 1901. Recorded in
book X 23, page 58, same office.
Lot 181. Deed from J. W.
Petermann, dated February 16, 1901. Recorded in book X 23, page 109,
same office.
Lot 182. Deed from Louis Cohen, dated February 16,
1901. Recorded in book X 23, page 59, same office.
Lot 183. Deed
from Alexander Mclver, dated February 16, 1901. Recorded in book X
23, page 94, same office.
Lot 184. Deed from C. C. Schirmer,
dated February 16,1901. Recorded in book X 23, page 121, same
office.
Lot 185. Deed from Rebie V. Salinas, dated February 20,
1901. Recorded in book X 23, page 116, same office.
Lot A. Deed
from John C. Wieters, dated February 16,1901. Recorded in book X 23,
page 137, same office.
Lot B. Deed from Charles Litschgi, dated
February 16, 1901. Recorded in book X 23, page 74, same
office.
Lot C. Deed from Harriet E. Chreitzberg, dated February
18, 1901. Recorded in book X 23, page 56, same office.
Lot D.
Deed from George L. Buist, dated January 31, 1901. Recorded in book
X 23, page 50, same office.
Lot G. Deed from James C. La Coste et
al., dated December 5, 1900. Recorded in book X 23, page 71, same
office;
Lot H. Deed from Anna P. Yates, dated February 18, 1901.
Recorded in book X 23, page 145, same office.
Lot I. Deed from
Lucius Cuthbert, dated February 19, 1901. Recorded in book X 23,
page 68, same office.
Lot A-l. Deed from Henry F. Welch, dated
February 16, 1901. Recorded in book X 23, page 134, same
office.
Lot A-3. Deed from Jessie E. W. Welch, dated February 16,
1901. Recorded in book X 23, page 135, same office.
Lot A-5. Deed
from Laura O. Crawford, dated November 20,1900. Recorded in book X
23, page 67, same office.
Lot A-6 and lot A-12. Deed from Frank
Q. O'Neill, dated February 18, 1901. Recorded in book X
23, page 100, same office.
Lot A-7. Deed from E. I. Anderson,
dated February 16, 1901. Recorded in book X 23, page 40, same
office.
Lot A-8. Deed from T. McCarrell, dated February 18, 1901.
Recorded in book X 23, page 88, same office.
Lot A-9. Deed from
Mary G. Baker, dated December 7, 1900. Recorded in book X 23, page
43, same office.
Lot A-10. Deed from Mary C. O'Neill, dated
December 11, 1900. Recorded in book X 23, page 105, same
office.
Lot A-ll. Deed from Anna T. Williams, dated February 16,
1901. Recorded in book X 23, page 138, same office.
Lot A-13.
Deed from James B. O'Neill, dated February 18, 1901. Recorded in
book X 23, page 104, same office.
Lot A-15. Deed from Margaret
Buckley, dated February 25, 1901. Recorded in book X 23, page 48,
same office.
Lot A-16. Deed from Lizzie J. Robertson, dated
February 16, 1901. Recorded in book X 23, page 115, same
office.
Lot A-17. Deed from Harry C. Schirmer, dated February 16,
1901. Recorded in book X 23, page 124, same
office.
Lot A-18. Deed from Elizabeth B. Schirmer, dated February
16, 1901. Recorded in book X 23, page 122, same
office.
Lot A-19. Deed from Caroline A. Schachte, dated February
16, 1901. Recorded in book X 23, page 119, same
office.
The following deeds release the title of the grantors
to improvements, etc., on lots comprised within premises ceded to
the United States by act of the State legislature, approved March 2,
1903.
Lot 81. Deed from Thomas P. O'Hagan, dated April 22,
1905. Recorded in book U 24, page 315, in the register's office of
mesne conveyances, Charleston County, S. C.
Lots 82, 86, and 93.
Deed from Dennis McKevlin, dated April 15, 1905.
Recorded in book U 24, page 310, same office.
Lot 83. Deed from
Susie McKevlin, dated April 12, 1905. Recorded in book U 24, page
306, same office.
Lot 84. Deed from clerk United States Circuit
Court, District of South Carolina, dated May 31, 1905. Recorded in
book U 24, page 361, same office.
Lot 84-A. Deed from Cecelia
Mclnerny, dated April 12, 1905. Recorded in book U 24, page 302,
same office.
Lot 84-B. Deed from H. S. Svendsen, dated April 12,
1905. Recorded in book U 24, page 308, same office.
Lot 84. Deed
from clerk United States Circuit Court, District of South Carolina,
dated May 31, 1905. Recorded in book U 24, page 361,
same office.
Lots 84 1/2, 115, 118, and 134. Deed from John
Mclnerny, dated April 12, 1905. Recorded in book U 24,
page 303, same office.
Lot. 85. Deed from Mary F. Jara, dated May
2, 1905. Recorded in book U 24, page 327, same office.
Lot 86
1/2. Deed from Thomas J. McKevlin, dated April 15, 1905. Recorded in
book U 24, page 312, same office.
Lot 87. Deed from Johanna
Scharlock and Francis Scharlock, dated June 16, 1905.
Recorded in book U 24, page 367, same office.
Lot 88. Deed from
Annie A. Tobin, dated April 19, 1905. Recorded in book U 24, page
319, same office.
Lot 89. Deed from John F. Tobin, dated April
19, 1905. Recorded in book U 24, page 320, same office.
Lot 90.
Deed from Maggie Bucklev, dated April 22, 1905. Recorded in book U
24, page 326, same office.
Lot 91. Deed from Hannah Alice
O'Hagan, dated May 2, 1905. Recorded in book U 24, page 328, same
office.
Lot 92. Deed from clerk United States circuit court,
district of South Carolina, dated May 31, 1905. Recorded
in book U 24, page 362, same office.
Lot 94. Deed from Vermille
Elizabeth Webb, dated May 2, 1905. Recorded in book U 24, page 322,
same office.
Lots 95 and 110. Deed from Henry Behrmnn, dated June
16, 1905. Recorded in book U 24, page 368, same office.
Lot 97.
Deed from Isabel Tobias, dated April 20, 1905. Recorded in book U
24, page 318, same office.
Lot 98. Deed from clerk United States
district court, eastern district of South Carolina, dated January
19, 1906. Recorded in book U 24, page 386, same office.
Lot 99.
Deed from Mary O. Aimar, dated May 2, 1905. Recorded in book U 24,
page 323, same office.
Lot 100. Deed from trustees of Protestant
Episcopal Church in South Carolina, dated June 22, 1905. Recorded in
book U 24, page 370, same office.
Lot 109. Deed from Priscilla S.
Salter, dated April 20, 1905. Recorded in book U 24, page 317, same
office.
Lot 109 1/2. Deed from T. S. Blanchard, dated May 3,
1905. Recorded in book U 24, page 324, same office.
Lot 111. Deed
from Mary Cahill and Mary Jane Cahill, dated May 20,
1905. Recorded in book U 24, page 358, same
office.
Lot 112. Deed from Josephine McGuire, dated May 5, 1905.
Recorded in book U 24, page 329, same office.
Lot 113. Deed from
Mary Frances Touhey, dated May 2, 1905. Recorded in book U 24, page
321, same office.
Lot 113 1/2. Deed from Ferdinand Cherry, dated
April 12, 1905. Recorded in book U 24, page 301, same office.
Lot
116. Deed from Miriam Cohen and Isabel Cohen, dated May 12,
1905. Recorded in book U 24, page 359, same
office.
Lot 117. Deed from Mattie R. Riggs, dated May 15, 1905.
Recorded in book U 24, page 357, same office.
Lot 129. Deed from
Thomas J. McGolrick, dated August 2, 1904. Recorded in book R 24,
page 256, same office.
Lot 130. Deed from M. Pozaro, dated August
2, 1904. Recorded in book R 24, page 255, same office.
Lot 130-A.
Deed from E. A. Svendsen, dated April 12, 1905. Recorded in book U
24, page 307, same office.
Lot 130-B. Deed from Joseph P.
Mclnerny, dated May 2, 1905. Recorded in book U 24, page 314. same
office.
Lot 130 1/2. Deed from C. T. Blanchard, dated April 12,
1905. Recorded in book U 24, page 298, same office.
Lots 133 and
135. Deed from E. S. Burnham, dated April 12, 1905. Recorded in book
U 24, page 299, same office.
Lot 136. Deed from William E. Huger,
dated April 14, 1905. Recorded in book U 24, page 309, same
office.
The following deeds release the title of the grantors
to improvements, etc., on premises ceded to the United States by act
of the State legislature approved February 22, 1905:
Deed from
James A. Truesdell, dated February 18, 1905, conveying his interest
in lands, etc., south of the right of way of the Seashore Division
of the Charleston Consolidated Railway", Gas & Electric Co., and
east of the street, and the extension thereof southward, designated
as Sixth Street on the plan of Moultrieville made by Lamble,
surveyor, 1899, and recorded in book D, page 184, R. M. C. office,
Charleston County. Deed recorded in book U 24, page 333, same
office.
Deed from the town council of Moultrieville, dated
January 23, 1905, conveying its interest in same premises as above.
Recorded in book U 24, page 330, same office.
Under act of
February 19, 1906, the United States acquired full title to the
premises granted thereby, being two lots measuring 200 by 225 feet,
approximately, it appearing that there were no private rights
therein.
These lots were acquired with the understanding that
the Life-Saving Service should have the permanent use of all of the
land except a small portion in the northwest corner, measuring 40
feet along Ion Street by 75 feet deep, which was required for a
secondary mine defense observing station. Pursuant to this
understanding, the transfer was made by letter to the Secretary of
the Treasury, dated September 14, 1906.
The act of December
24, 1894, provides "That all streets, roads, and highways within the
said tracts or parcels of land" (i. e., those granted by the act) "
are vacated and discontinued from the time the said grant becomes
effectual."
The act of February 9, 1900, contains the same
provision, with the addition of the words "except as herein
otherwise provided." This is understood to refer to the exceptions
from the grant by the words "excepting from the area described those
portions which are occupied and in use by the public as highways,
known as Central Avenue and Beach Avenue." (Acts of S.
C., 1900, p. 422.)
The act of February 8, 1901, grants title
to " the land comprising those portions of Central Avenue and Beach
Avenue " which lie between Pettigru and Sumter Streets (i. e., those
portions within the reservation), and vacates and discontinues said
portion of Beach Avenue as a public highway, upon the following
provisos:
That the portion of Central Avenue herein ceded
shall be forever kept open as a public street; and this cession
shall in no way interfere with any private rights, or any franchise
heretofore legally granted with reference to said Central Avenue:
And provided, further, That this State reserves the right to
authorize the laying and maintaining of tracks for railroad or
traction purposes on and across the portion of Central Avenue ceded,
or on lands contiguous thereto, and lying within 15 feet of the
same. (Acts of S. C, 1901, p. 608.)
The act of
March 2, 1903, contains, substantially, the same provision vacating
streets, etc., within the area granted, with an exception of Central
Avenue, and further provides-that the portion of Central Avenue
within the tract herein ceded shall be forever kept open as a public
street, and shall, together with its continuation through the
Government reservation, be kept in proper condition and repair by
the Government; and this cession shall in no way interfere with any
private rights or any franchise heretofore legally granted with
reference to said Central Avenue: And provided, further, That this
State reserves the right to authorize the laying and maintaining of
tracks for railroad or traction purposes on or across the portion of
Central Avenue ceded, or on lands contiguous thereto, and lying
within fifteen feet of the same. (Acts of S. C, 1903, p.
4.)
The acts of February 22, 1905, and February 19, 1906,
contain a provision vacating "all streets, roads, rights or way, and
highways within said tract or parcel of land * * * from the time the
said grant becomes effectual, saving such as are expressly excepted
or reserved in this act"-this exception referring to the following
provisions of the act:
Provided, further, And the said grant
is made subject to the following reservations and exception, to wit:
that such portion of the front beach of said Sullivan's Island
included within the limits of said grant, as lies below a line drawn
along said beach twenty (20) feet above high water mark, and
parallel
thereto, shall be always open to the public as a footway
and driveway, so that the public shall- have the free and
unobstructed right of passage by foot and carriage upon, over and
across the same, subject to the right of the said United State
Government to close and exclusively occupy the same, so far as the
reservations in this proviso are concerned, at the following times
and under the following circumstances, to wit:
1. During
hours of actual target practice in, over or upon the said portion of
the said premises (during (or prior to) which time of closure, due
and proper notice of the same shall be given to the
public).
2. During hours of actual military drill in, over
and upon the said portion of the said premises,
and
3. During time of war. (Acts of S. C,
1905, p. 825.)
The act of February 20, 1908, as amended by
act of March 4, 1909 (Acts, S. C, 1909, p. 180), provides that the
portions of streets and avenues within the tract granted thereby "
shall be forever kept open as public streets "; that the cession "
shall in no way interfere with the private rights of any franchise
heretofore legally granted with reference to Middle Street and
Central Avenue"; and grants the " streets and avenues between the
east and west lines of the original reservation of Fort Moultrie, as
said reservation existed on January first, eighteen hundred and
ninety-four * * * subject to the same provisos and
conditions."
Easement.-The Charleston Consolidated Railway
Gas & Electric Co. operates a street car line through the
reservation along Central Avenue, in accordance with the provisions
of section 1, of the act of the State legislature, approved March 2,
1903.
Revocable licenses.-September 22, 1897, to the town
council of Moultrieville to occupy and use for street purposes a
triangular parcel of land on the reservation.
February 11,
1915, to the Charleston-Isle of Palms Traction Co. to relocate its
tracks on the reservation.
Jurisdiction.-Ceded to the United
States over the tracts granted to the United States by the said acts
of December 24, 1894, February 9, 1900; March 2, 1903; February 22,
1905; and February 19, 1906, in terms, substantially, as
follows:
Section 1. Be it enacted, etc. That the right, title
and interest of this state to, and the jurisdiction of this state
over, the following described tracts or parcels of land, and land
covered with water, situated In the town of Moultrieville, on
Sullivan's Island, in the County of Charleston, in this state, be,
and the same are hereby, granted and ceded to the United States of
America (purposes stated: "As sites for the location, construction
and prosecution of works of fortification and coast defenses " In
Act of December 24, 1894; same with addition of words " and for the
uses of the garrison " in Act of February 9, 1900; " for the
enlargement of the military reservation on said island " in Acts of
March 2, 1903, February 22, 1905, February 19, 1906, and February
20, 1908, as amended March 4, 1909) o * * "to wit:" (Here follows
descriptions by metes and bounds of the tracts granted by the
several Acts) Provided, that there is hereby reserved to this
State a concurrent jurisdiction for the execution within said lands
of all process, civil or criminal, lawfully issued by the Courts of
this State, and not incompatible with this cession.
The act
of February 8, 1901, cedes jurisdiction over those portions of Beach
and Central Avenues within the reservation, subject to the same
provision as to service of process.
CASTLE P1NCKNEY.
This
reservation is situated on Shutes Folly Island, at the mouth of
Cooper River, opposite the southern extremity of the city
of
Charleston, and about 1 mile distant therefrom, and contains
an area of about 3.50 acres.
Title.-1. Ceded to the United States
by the State of South Carolina by an act of the legislature passed
December 19, 1805.
2. Land resurveyed and regranted to the
United States by an act of the State legislature passed December 18,
1846.
For the foregoing acts see "Fort Moultrie."
FORT
SUMTER.
This reservation is situated at the entrance to
Charleston Harbor, 5 miles from the city of Charleston, on made
island, and midway between Forts Moultrie and Johnson, and contains
an area of about 2.4 acres.
Title and
jurisdiction.-
Resolved, That this State do cede to the United
States, all the right title and claim of South Carolina to the site
of Fort Sumter and the requisite quantity of adjacent territory,
Provided, That all processes, civil and criminal issued under the
authority of this State, or any officer thereof, shall and may be
served and executed upon any of the land so ceded, or structures to
be erected upon the same, and any person there being who may be
implicated in law; and that the said land, site and structures
enumerated, shall be forever exempt from liability to pay any tax to
this State.
Also resolved, That the State will extinguish the
claim, if any valid claim there be, of any individuals under the
authority of this State, to the land hereby ceded.
Also
resolved, That the Attorney-General be instructed to investigate the
claims of Win. Laval and others, to the site at Fort Sumter, and
adjacent land contiguous thereto; and if he shall be of opinion,
that these parties have a legal title to the said land, that
Generals Hamilton and Hayne and James L. Pringle, Thomas Bennett,
and Ker. Boyce, Esquires, be appointed Commissioners on behalf of
the State, to appraise the value thereof. If the Attorney-General
should be of opinion that the said title is not legal and valid,
that he proceed by scire facias or other proper legal proceedings to
have the same avoided; and that the Attorney-General and the said
Commissioners report to the Legislature at its next session.
(Resolution of State legislature, passed Dec. 21, 1836.)
The
foregoing resolution was recorded in book C, No. 11, page 310, etc.,
in the register's office of mesne conveyances at Charleston, July 9,
1840.
FORT WINYAW.
This reservation is situated on what is
called Blythes Point, at the mouth of Sampit Creek or Georgetown
River, Georgetown Harbor, in Georgetown district, and contains an
area of about 7 acres.
Title.-Deed from Joseph Blythe, dated
April 21, 1812, conveying 7 acres on Blythes Point. Recorded in book
J, page 141, etc., in the register's office for mesne conveyances
for the Georgetown district, May 13, 1812, and in book G, No. 8,
page 30, etc., in the register's office for mesne conveyances for
the Charleston district, April 29, 1812.
Revocable
license.-January 13, 1857, to the Treasury Department to occupy a
portion of the reservation for lighthouse
purposes.
Jurisdiction.-Consent to the purchase was given and
jurisdiction ceded by acts of the State legislature, passed December
19, 1805, and December 17, 1808, which acts are as follows: (For act
passed Dec. 19, 1805, see " Fort Moultrie.")
Whereas by an
act passed the nineteenth day of December, one thousand eight
hundred and five, entitled "An Act to cede to the United States
various forts, fortifications and sites for the erection of forts"
it is enacted that a quantity of land not exceeding four acres for a
battery or fort and necessary buildings on Doctor Blythe's point of
land at the mouth of Sampit river shall be ceded to the United
States, and whereas it is necessary to cede a greater quantity of
land for the purposes aforesaid:
1. Be it therefore enacted,
etc., That there shall be and hereby is granted to the United States
of America, all the right title and claim of the State to a quantity
of land not exceeding six acres on Doctor Blythe's point of land at
the mouth of Sampit river adjoining and in addition to the quantity
of land not exceeding four acres by the act aforesaid granted to the
United States for a battery or fort and necessary buildings.
2.
And be it enacted, etc., That Joseph Alston, Savage Smith, Benjamin
Hager, John Keith, and Paul Trapier or any three of them be and they
are hereby appointed Commissioners and authorized to locate by
proper metes and bounds at the expense of this State so far as the
charges of surveyors shall be incurred, the above mentioned quantity
of land, and who shall return into the Office of the Secretary of
this State on or before the first day of June in the year one
thousand eight hundred and nine, a fair plat of survey and accurate
description of the said land so ceded, setting forth the limits and
bounds of the same.
3. And be it further enacted, etc.,
That all the provisions restrictions and clauses contained in the
aforesaid Act applicable and relative to the quantity of land not
exceeding four acres of land on Doctor Blythe's point of land at the
mouth of Sampit river thereby ceded to the United States shall be,
and the same are hereby declared to be applicable and relative to
the quantity of land not exceeding six acres by this act ceded and
granted to the United States. |
