22 N.Y.S. 137 | N.Y. Sup. Ct. | 1892
In this case the situation is somewhat familiar to me, because upon two other occasions I have had litigated questions before me which involved the political character of West Point. The first was in reference to the assessment of the railroad. The assessors of the town of Highlands included that part of the railroad which passes over the West Point reservation in the tax roll of the town, and an application was made by the West Shore Railroad to strike it out on the ground that they had no jurisdiction. The second case was an action brought to foreclose a mortgage which covered the right of way of the West Shore road through the West Point property, and the jurisdiction of the state court to entertain such a suit was challenged. I decided in the first case that the assessors of the town of Highlands had no jurisdiction over property at West Point, and that the property must be stricken from the tax roll. I decided in the second case that the state court had no jurisdiction to entertain a suit to foreclose a mortgage npon property upon West Point, on the ground that the West Point
“When the title is acquired by purchase by consent of the legislatures of the state, the federal jurisdiction is exclusive of all state authority. This follows from the declaration of the constitution that congress shall have like authority over such places as it has over the district which is the. seat of government; that is, of ‘ exclusive legislation in all cases whatsoever.’ Broader or clearer language could not be used to exclude all other authority than that of congress; and that no other authority can be exercised over them has been the uniform opinion of federal and state tribunals, and of the attorneys general.
He further says, after citing numerous decisions:
“These authorities are sufficient to support the proposition which follows naturally from the language of the constitution,—that no other legislative power than that of congress can be exercised over land within a state purchased by the United States, with her consent, for one of the purposes designated; and that such consent, under the constitution, operated to exclude all other legislative authority. ”
In this case we all know that there are several acts of cession from the state of New York to the general government, reserving nothing except the right to serve process, civil and criminal, within the ceded territory, and under these authorities the territory of West Point ceased to be apart of the state of New York. That state legislature has no authority to legislate in reference to it. Prior to the decision referred to the authorities were uniform on the subject. In this state, in addition to the two cases which were before me, there is a case reported in one of Howard’s Reports (Dibble v. Clapp, 31 How. Pr. 420) which held the same thing. In Massachusetts, in an early casé before Judge Story, in the United States circuit court, (U. S. v. Cornell,) reported in 2
It is unfortunate that this question comes up on the eve of an exciting election, because it attracts attention, and people get more or less excited about it; but, in all cases where the questions have arisen in respect to rights other than voting, the decisions are uniform, and pass without challenge.
We turn to the question of the right of these people to vote. That has been decided in numerous cases. In the case of Com. v. Clary, 8 Mass. 72, the supreme court of Massachusetts held that the people on the government property at Springfield had no right to vote, and the question also arose, and was decided, in a case reported in 1 Metc. 583, (Supp.) That was not a litigation, but a case where the house of representatives of Massachusetts requested the opinion of the judges of the supreme court of Massachusetts, and they held “ that persons residing within the territory ceded to the government do not acquire the civil and political privileges, nor do they become subject to the civil duties and obligations, of inhabitants of the towns within which such territory is situated.” And there is a case of Sinks v. Reese, in 19 Ohio St. 306, which was an election case in the nature of a quo warranta, where the election turned on the question whether the people residing in the national asylum for disabled volunteers had the right to vote. That was a national institution, upon property purchased by the general government, and ceded to the United States; and it was held in that case —and it is cited by Judge Field in the Leavenworth Case with approval—“that upon the purchase of the territory by the United States, with the consent of the legislature of the state, the general government became invested with exclusive jurisdiction over it and its appurtenances, in all cases whatsoever, and that the inmates of such asylum, resident within the territory, being within such exclusive jurisdiction, were not residents of the state, so as to entitle them to vote.” So, as Judge Field says, there is a uniform current of authority from the beginning of the government down to the decision of this case in 1884,—rail