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To: smug
The fort was built in 1829 well beyond the 3 year stipulation. plus the secession of S.C. changed the use of the fort thereby dissolving the "grant" of the land on many other legal precedents.

But the land was deeded to the government by the act of the legislature in 1836. South Carolina had no claims to it.

763 posted on 05/25/2007 10:30:54 AM PDT by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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To: Non-Sequitur
But the land was deeded to the government by the act of the legislature in 1836. South Carolina had no claims to it.

Not so, the legislation was merely a ploy by the state to quash Mag. Laval's claim. I think this is where you may have obtained the said legislation.

Ownership of Fort Sumter By Bob Huddleston

"When Laval appeared on the scene, the Corps of Engineers stopped work and asked for instructions. It appeared that Laval had filed a proper claim for the land - except that the "land" was below low tide and therefore exempt from purchase. Well South Carolina was aghast! They did not want to lose the fort to protect themselves, nor the payrolls that would come with the completed fort. The result was a state law: Committee on Federal Relations In the House of Representatives, December 31st, 1836 "The Committee on Federal relations, to which was referred the Governor's message, relating to the site of Fort Sumter, in the harbour of Charleston, and the report of the Committee on Federal Relations from the Senate on the same subject, beg leave to Report by Resolution: "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 the same, and any person there being who may be implicated by 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 shall 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 Wm. Laval and others to the site of Fort Sumter, and adjacent land contiguous thereto; and if he shall be of the 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 the opinion that the said title is not legal and valid, that he proceed by seire facius of 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. "Resolved, That this House to agree. Ordered that it be sent to the Senate for concurrence. By order of the House: "T. W. Glover, C. H. R." "In Senate, December 21st, 1836 "Resolved, that the Senate do concur. Ordered that it be returned to the House of Representatives, By order: Jacob Warly, C. S. Poor Maj. Laval lost his scheme to blackmail the United States! For those wishing to further pursue the ownership of Fort Sumter, et. al, most major libraries will have American State Papers: Documents Legislative and Executive of the Congress of the United States, Military Affairs, vol. 5, Twenty-third Congress, Second Session, No. 591, "The Construction of Fort Sumter, Charleston Harbor, South Carolina," pp. 463-472. It was not until January 1841 that work was resumed on the site of Fort Sumter. Laval's claim was invalidated by the State attorney general under act of the South Carolina Legislature, December 20, 1837. But the harbor issue remained and was complicated still further by a memorial presented to the Legislature by James C. Holmes, Charleston lawyer, on that same date.".

However, Not before November 22, 1841, was the Federal Government's title to 125 acres of harbor "land" recorded in the office of the Secretary of State of South Carolina. Fort Sumter Historical Handbook Series - publication of the National Park Service. 1961.)

The simple "recording" does not in itself render the deed "perfect". The fact that it was filed on behalf of the federal government is in no way more legitimate than any other recorded deed. It is still subject to scrutiny. Please note from the legislation; 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 the same,...
794 posted on 05/26/2007 5:09:01 AM PDT by smug (Free Ramos and Compean:)
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