Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1861-03-01

rlsoneu, II tDe~IftsdeHtfpreter that to bull
ding new ones. ThsgRfesi,lent chooses to
put no fort t>ppStl le vacant land, and to sub.
stitae;uew forts for the old ones; ard now
he asserts and exercises the right of using
them to keep the State in order and all
this willie he regards the State as still in
the Union: Nay, worse. BE dispantIes
one fort, deserts it, and because the State
has taken possession of it be calls this seiz-
ing the public property and he is going
to drive out the occupants at the point Of
the sword Now, when Anderson disabled
and forsook Fort MouItrie, and the Presi-
dent ratified the act against the known
wishes of the State, signitied by the re-
presentatives of her sovereignty, the act Of
cession became null and void, and every
thing granted by it returned to the State,
as it was originally held. Look at the
terms of the grant or cessiou.' 1t declares
that it is to become void and ef no effect if
the United States do not keep garrison
or garrisons in the forts ceded, or after
wards constructed. "A garrison or gar,i-
sons,'i. e.,'a garrison if but one be built
-'garrisons,' if more. The notice required
TO be given by the Governor, to- The Presi-
dent refers exclusively to repairs and re-
building, not to garrisoning.
No Legislature would be sostupid as TO
say that, if the President did not garrison
the forts within three years after notice,
the grant should be void. They were new
er to be left ungarrisoned, upon pain of for
feiure: and it is only from abundant eau.
ton that Preferred to the demand Of the
Commissioners. Fort Juhnson has disap
peared. j has never been repaired nor
rebuilt. Fort Pinckney has had no garri
son in it fpr years, and was fast going 10
ruin when the State troops took possession
OF 1t. Fort Sumter was disabled as de-
fence for Charleston, and left without n
garrison. All, then, that was conveyed by
the statute, is forfeited TO the State for con-
dition broken. IT IS the whole conveyance
| that is mode void ty the breach. not IL
particular part IF it. 1t appears then that
This ovrrswe"ping title "f The United S,a.ea
in support of which General Sect, is 90
ing to butcher Soul:. CArnin.ns. Is Just no
| lit. at all.
Secondly. Nor -, the Uni,"d States
eyer had exclusive Jurisdiction over ;he
forts. Tn- jurisdiction ioI'"wS the title. of
course; butit the title OF lhr United States
were good, and the State in the Union,
| still, as We have seen, the State reserved to
herself the right of serving. PROFESS, both
| civil and criminal, in the forts. At the
same time, Congress has exclusive 'legisIa.
tion over them. and it has given the United
States Courts exclusive Jurisdiction Of mat
ters occurring in thum. How are the two
jurisdictions to be reroncied3 Just as they
have been reconciled long ago, by undis-
puted decisions. The United States take
by purchase, as,sli other purchasers do SUBJ
ject to all the conditions of the conveyance,
The title to property is one thing, the pow
er of legislation over it is another, and very
different thing. The vendor regulates the
one, and Congress regulates the Other hut
the title liessat the foundation Of the power
of Congress. The title established, there
is no conflict. ~
A man contracts debts, or con,mites q
crime in Charleston, and fises to a fort-the
State Courts have Jurisdiction over him by
virtue of the reservation in The deed. A
man commits an offence in tcrt and fees
to Charleston, Tor New York)-ths United
States Courts have jurisdic.ioa over. him by
virtue of the Constitution. A man fires a
shot from Fort umter, and kills man in
the harbor Of Charleston, Or on Sullivan
Islaud-the State Courts have jurisdiction
over him. Aman fires from the harbur
and kills man in Fort Sunter-the Uni.
ted States Courts have jurisdiction ovel
him. These last cases have never occu,-
red but upon principle, l think The juri..
dictions SO attach, (Soutb Carolina being
considered in the Union.) But under Mr.
Buchanan's and Lince!ns- regime, courts
process, legal and equitable rights, are al
lost sight Of; and the President settles aI
questions between the governments, tough
ing revenue and the forts, according to hi,
own views, BY the agency Of naval ane
land forces .t' -. 80.
Fort Sumter stand upon a different fool
jng. That was regularly hut gga.njtously
conveyed bs'the State y the United States
basths deed contains literally the 'eserva
ito" as to process that the statute contains
SILL the U',sed States hold il upon the
.ruyts already designated. :; Ifthis DO moi