..
"2. _And be it further enacted_, That, _should the said United
States at any time abandon the said lands and shoal, or
appropriate them to any other purposes than those indicated in
the preamble to this act, that then, and in that case, the same
shall revert to and revest in this Commonwealth_."[112]
By accepting such grants, under such conditions, the Government of the
United States assented to their propriety, and the principle that holds
good in any one case is of course applicable to all others of the same
sort, whether expressly asserted in the act of cession or not. Indeed,
no express declaration would be necessary to establish a conclusion
resulting so directly from the nature of the case, and the settled
principles of sovereignty and eminent domain.
A State withdrawing from the Union would necessarily assume the control
theretofore exercised by the General Government over all public defenses
and other public property within her limits. It would, however, be but
fair and proper that adequate compensation should be made to the other
members of the partnership, or their common agent, for the value of the
works and for any other advantage obtained by the one party, or loss
incurred by the other. Such equitable settlement, the seceding States of
the South, without exception, as I believe, were desirous to make, and
prompt to propose to the Federal authorities.
Pages:
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346