Beyond the fact that the government was the owner of the land known as the 'Wallabout Market' at the time of the passage by the legislature of the state of New York of the act of June 17, 1853, the record does not disclose when or how the government acquired title to the land. Counsel for plaintiffs in error, however, say that the following act of congress, approved March 3, 1853 (10 Stat. 224, c. 102), relates to this land:
'For the purpose of paying the lien existing on the lands recently purchased as an addition to the navy yard at Brooklyn, twelve thousand two hundred and forty-seven dollars and five cents, to be paid by the secretary of the navy, if upon examination he shall find the same to be due as a lien on the purchase of the said land, and the secretary of the navy is hereby empowered and directed to sell and convey to any purchaser all that part of the navy yard lands at Brooklyn between the west side of Vanderbilt avenue and the hospital grounds, containing about twenty-six and a half acres, including Vanderbilt and Clinton avenues: provided, that said lands shall not be at less price than they cost the government, including interest with all assessments and charges: and provided further, that prior to the sale of said lands exclusive jurisdiction shall be ceded to the Unites States of all the remaining lands connected with the said navy yard, belonging to the United States.'
This act rather tends to make certain what would be inferable from the New York statute,-that the land in question had been purchased by the United States without the consent of the state being given at the time the purchase was made. If, therefore, we assume that the lands were acquired by the government by purchase, still section 8 of article 1 of the constitution of the United States, conferring upon congress authority to exercise exclusive legislation over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings, has no application. Railroad Co. v. Lowe, 114 U.S. 525, 5 Sup. Ct. 995. The question, therefore, depends upon the provisions of the act of the legislature of the state of New York, already referred to, by which jurisdiction was ceded to the United States. Looking at that act, we find that it was 'for the uses and purposes of a navy yard and naval hospital,' and that it was therein expressly provided 'that the United States may retain such use and jurisdiction as long as the premises described shall be used for the purposes for which jurisdiction is ceded, and no longer. * * * Nor shall the jurisdiction so ceded to the United States impede or prevent the service or execution of any legal process, civil or criminal, under the authority of this state.' The power of the state to impose this condition is clear. In speaking of a condition placed by the state of Kansas on a cession of jurisdiction made by that state to the United States over land held by the United States for the purposes of a military reservation, this court said in Railroad Co. v. Lowe (page 539, 114 U.S., and page 995, 5 Sup. Ct.), 'It not being a case where exclusive legislative authority is vested by the constitution of the United States, that cession could be accompanied with such conditions as the state might see fit to annex, not inconsistent with the free and effective use of the fort as a military post.'