In that connection the Court say, in the same case:
"When Alabama was admitted into the Union, on an equal footing with the
original States, she succeeded to all the rights of sovereignty,
jurisdiction, and eminent domain which Georgia possessed at the date of
the cession, except so far as this right was diminished by the public
lands remaining in the possession and under the control of the United
States for the temporary purpose provided for in the deeds of cession
and the legislative acts connected with it. Nothing remained in the
United States, according to the terms of the agreement, but the public
lands; and if an express stipulation had been inserted in the agreement,
granting the municipal right of sovereignty and eminent domain to the
United States, such stipulation would have been void and inoperative;
because the United States has no constitutional capacity to exercise
municipal jurisdiction, sovereignty, or eminent domain within the limits
of a State or elsewhere, except in the cases in which it is expressly
granted."
Another case arose not long afterward, in which not land, but religion,
was involved, where suit was brought against the municipality of New
Orleans because they would not allow a dead body to be exposed at a
place where, according to the religious rites of those interested, it
was deemed they had a right thus to expose it. On that the Supreme Court
say, speaking of the ordinance for the government of Louisiana:
"So far as they conferred political rights and secured civil and
religious liberties (which are political rights) the laws of Congress
were all suspended by the State Constitution; nor is any part of them in
force, unless they were adopted by the Constitution of Louisiana, as
laws of the State.
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