The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-08-22

| soath Carolina, which We omit
| The generous confidence which soutl
s. Carolina had in the Government is man
ifested In this deed of session. The con
ditions imposed we're only such as woult
leave the State free TO occupy the site
for purposes Of defense If the Unitee
| States should fail - fortify and garTi
son within the specified time. But, a
a general proposition. it viii be scarcel.
denied that if a grant be diverted from
the end for which il was made and &C
cepted it thereby becomes void. In tn
deeds of session made by New York ans
Virginia. with more caution than wa
exhibited by South Carolina, specifi'
reservations were made. Thus New
i York, in granting site for the Brooklyn
/ Navy Yard, recites: The UniteC
States Is to retain such use and jurisdic
/ ton so long as said tract shall be appliet
to the safety and defense of the city an.
port of New York and no longer" Nir
pinia. In eeding the site of Fortress Mon
roe and the shoal known as the Ripraps
provided in the deed that should the
said United States At any time abandon
said lands or shoal, or appropriate then
to any other purposes than those indica
ted in the preamble to this act, that th'
land in that case shall revert To and re
vest in this Commonwealth"
The preamble set forth that the Coy
ernnent of the Bnsed States was soliei
tous to obtain those lands for the pur
pose of fortificatiOn and objects of ma
tional defense. To deny that STATE
possessed eminent domain is the growth
of recent days. Even so late as 1887
Massachusetts, declared that 'The SOW
ereipnty and jurisdiction of the Common
wealth extends to all places within tn.
boundaries thereof, subject only to such
right of concurrent jurisdiction as have
been or may be granted over any places
ceded by the Commonwealth to the
| United States" If the same rule OF
rights holds good to the States equally,
then every reservation recognized and
accepted in the cession of one State
must be regarded as binding in relation
to aIl cessions of ike tenor. So far as
the United States might purchase lano
from an individual, it would not there
by acquire either the jurisdiction. OF
exemptions granted in deeds OF cession
aud would hold subject 10 the laws and
policy of the sovereign State.
Then.I submit, unless there was pro
prietary right to the Brooklyn Navy
Yard and the Watervliet Arsenal, there
was none to Fort Sumter.
As a sample of Judge Blacks dis
courtesy and uuwarranted inyectiye to
wards a State / cite the following sen
tences:
''The demand for the evacuation Of
Fort Sumter and the surrender into the
hands of South Carolina was, take 1t all
in all, the most impudent thing in the
history of the world. South Carolina
insultingly insisted upon its surrender
to her avowedly with intent to use it fol
hostile purposes against the Govern
ment to which it belonged, and now Mr..
Davis complains that this absurd de
mand was not aceeded to.
How far such epithets may be excused
will be best understood by quoting the
language employed in making the de
mand. The Hon. Isaac w. Hayne, spe'
cial envoy of South Carolina, in letter
to his Excellency, James Buchanan,
President of the United States, written
at Washington, January 81, 1861, used
the following language:
"You will perceive that it is upon the
presumption that it is solely as property
that YOU continue to hold Fort Sumter
! that | have been selected for the per,
formance of the duty upon which
| have entered. ! do not come as mill
| tary officer to demand the surrender oi
a fortress, but as the legal officer of the
State. its Attorney General, to claim fol
| the State the exercise of the undoubted
right of eminent domain, and to pledge
the State to make good all injury to the
rights of property which may arise from
/ the exercise of the claim South Car
olina has every disposition to preserve
the public peace, and it is submitted thai
on her part there is scarcely any consid
Grafton of mere property apart from
honor and safety which could induce hel
to do aught to jeopardize that peace
still less to iuaugurate protracted and
bloody civil war. Repudiating, as yoU
do, the idea of coercion, avowlng peace
full intention and expressing a patriot.
horror for civil wars and bloody strife
among those who once were brethren
it is hoped that on further considera
ton YOU will not on a mere question ol
propertv refuse the reasonable demant
of South Carolina, which honor and he
cessity alike compel her to yindicate
Only one who is seeking 4 pretext TO
hostile demonstration against the Stat
could have found insult in this temper
ate appeal and have called for the arm.
and navy to perform such acts rs nat
urally would and finally did lead to ciyi
war"
Where does he find authority for tn
assertion that the application for pos
session of Fort Sumter was made ''avow
edly with intent to use it for hostll
purposes against the Government +
which it belongedm q Where unless i
his own extravagant estimate of tn
power Of the fort and by ascribing t
South Carolina such hostile feelings a
, he manifests when in the memorandum
he claims to have presented to the Pre-
ident he exultingly refers to Maj. Al
de1son having occupied Fort Sumte
. . with the assertion, "He still command
the harbor. We may still execute tn
! laws if we try
1t were Unnecessary to repeat that \
! resistance had been offered to the execi
: then no United States officers in Sout
i Carolina who could require aid for II
; execution of the laws. The fort migf
I be efficient to obstruct the commerce
= Charleston, and aid in the doubtful T,
/ sort of collecting duties outside OF II
/ harbor. To such small dimension
d shrinks the boasted power by the po
: session of that fort to execute the law
) The old friends of Mr.. Buchanan, amor
3 whom am one, if they accept this sci
4 laudatory exhibit of Judge Black, vi
: be glad to learn that Mr.. Buchanan pr
nared such an answer TO the Commi
a sioners of South Carolina a. was .consi
% tent with his ayowed policy of peace Al
5. respect for State sovereignty, and
# memory of all which followed the nee
.r less rejection Of quasi negotiation, q
ri country think has reason TO regret tn
I he was ever turned from the c0uT
his wisdom and patriotism dictate
p- Those friends, moreover, viii be 81
II nrised to learn that be was no master
= his own house, but according to 9
= statement of Judge Black was controls
n bv him on most important occasion
l. What shall be said Of the fidelity Of
q man who holding the relation of CO
3 stitutional adviser to President ,shou
n elaim after he was dead 70 have dictat
= IN his correspondence and an of1lci
To message the most significant parts
er them. and to send forth to the VOL
es with accompanying laudation his cri
s. eism on the conduct of his chief, q
g an this under the gaise of defendi
"a him from ; suspicion Of having yield
be his own better judgment 70 the ylole
be antagonism Of othersI Well might :
to Buchanan. If be were yet among
s. ery Nee iskris dsfeBsoribaul and his {
"a friends respond. Shame upon the n
6 erable vanity which could breed 50
to paIfry treacheFy.
be Judge Black also ID this self laudatl
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