Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1859-08-24
to assume jurisdiction while Territory, is

to assume Jurisdiction while Territory, is
uSurpation, and involves sol!cism. III con.
stitutional law What proves that the Con-
>titution prcprio rtgore covers all United States
"rritorv of every kind is that clause which
defines treason and how it shall be proved, and
units the punishment even. No act of Con-
gress can change or enlarge it, or carry out
the Constitution more speci6callyon that most
important of all questions, than the instrument
does itself. The Constitution is itself the law,
and federal officers can only enforce its pro.
visions in every particular ss long as it is
Territory of the United States. And what IS
property and what is not property belongs to
that instrument, also, as much as the definition
and punishment of treason. Both belong to
sovereign power, and it is usurpatlon in any
thing below to assume such power. Under
the decision of the Supreme Court in the Dred
Scott case, the South ought to be satisfied
aud if, in Territory, all issue is made as 70
property in any shape, or if indirect reguiia'
tions are made, intended to destroy or take
away right in property as recognized oy tue
Federal Constitution, then let the courts under
federal Jurisdiction decide the issue.
Federal officers and Federal Courts must
give protection, and if not, then it is reyou.
tionary and beyond reason or law, and cannot
be provided for in advance--tor our whole
system rests upon the supposision that the
Constitution is the supreme law, and alter
that fails in o proper issue made under It,
then arises the question ss to expediency OF
an appeal to arms at present, whatever other
regulations" " may be necessary in Congress
to be left in abeyance, to be decided by the
exigency as it arises. So, too, the loose ideas
of popular sovereignty" ought to be LETT out
of any issue, for, in fact it has no constitution
al or definite meaning. Our whole system IS
system of regulated liberty, well defined BY
chartered rights, and when we travel beyond
that we get into the regions of theory, and
there; is no human tribunal to decide where
the right is. The only great rule of right Is
the fundamental law of the land. Anything
else one man has as much right to advance
and claim as another, and, in fact, is itself
revolutionary. ! hope our friends on both
sides will see the wisdom and patriotism OF
healing the bitterness that exists, and tue
light Of truth will clear up all divisions, and
bring US together as a band OF brothers for the
great contest in 1860. 1t will require con.
summate craftsmanship, aud disintereSted
patriotism to save our party, and with it, to
save the Constitution and the Union.
have written you this fally because you
brought to my attention our difficulties, and it
seemed to justify my answering, particularly
AS Off in this distant land have been able to
consider the questions involved in the bitter
partizan contests of the day. Excuse me if
/ lave intruded, and be pleased to answer me
as soon as you can, and let me know what
you think of the above, for have seen nothing
in any of the descriptions that embraces the
ideas I have here attempted to develope to
you. was in Congress and spoke-then
young man, only 26 years old-on the admis-
sion Of Michigan, and entertained the 50 lie
views. differed in vote from Mr.. Calhoun,
and thought Congress had no right to deny
the admission of Michigan, because she had
allowed persons not naturalized to vote, be-
cause thought then, as / do now, the quail
ications of voters, or the right to vote, belongs
to State or local authority alone, and is only
limited by that clause of the Constitution
which prescribes that those shall be allowed
TO vote, who are allowed in State to vote
for the most popular branch Of the Legislature
thereof.
The Hon. r. J. Walker has mind emf.
neatly qualified to investigate these abstract
views of sovereignty, &C., and feel sure he
would agree with the views expressed above.
lie has high and comprehensive genius, and
recolect once we had full conversation on
sovereignty and sovereign power, in which.
we exactly agreed When / was first mem.
Der of our Legislature, in 1888, l wrote a
report from the Committee on Federal Rcla.
tons on allegiance and sovereignty, in which
took the ground OF sovereignty being undi.
vided, and, consequently, allegiance. &C.; DC.
This was the reason why my attention and
reflection were so eagerly turned to these alb.
stract questions. But enough. know am
writing to one who comprehends anything.
Very respectfully and truly yours,
F. w. PTCKENS.
To GEORGE N. SANDERS, New York.