In the Matter of Will of Fox

The right of the United States to acquire and hold lands within a State, as incident to the execution of certain powers conferred upon congress by the Constitution, has been exercised from the foundation of the government, and has not been questioned or denied.

It is essential that this right should inhere in the general government. The Constitution, among other powers, vests in congress the power to regulate commerce, to declare war, to levy and collect taxes, to establish post-offices, and to constitute inferior courts.

In executing these powers, it may take and hold lands for the erection of…