Levi Woodbury

“ It seems, too, that, though land purchased within a State for ordinary purposes by the general government must yield to the local public demands, yet land, when held like this, at first by an original cession to that government, and afterwards appropriated for a specific public object, cannot easily be shown liable to be taken away for an ordinary local object, though public, and especially one under another government and by mere implication. ”

“ That the corporate powers of the city of Chicago have no right to open the streets through that part of the ground laid out into lots and streets, but no sold by the government. 2d. That the corporate powers of the city are limited to that part of the plat which, by sale of the government, has become private property. ”

“ It is not questioned that land within a State purchased by the United States as a mere proprietor, and not reserved or appropriated to any special purpose, may be liable to condemnation for streets or highways, like the land of other proprietors, under the rights of eminent domain. ”

“ It is said, however, and justly, that land may be dedicated by the owner to highways, and without deed or much formality. Thus, if one allows his land long to be occupied by the public as a highway, such a dedication may be presumed. ”

“ The act of Congress seems to reach only matter arising in the progress of the cause, and not afterwards, because the proviso is, 'that nothing herein contained shall prevent the cause from proceeding,' &c., and hence implies it must be in the progress of the cause. ”