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€¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

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Page 1: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning
Page 2: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

EXECUTIVE DOOUMENTS .

N o . ! .

C O R R E S P O N D E N C E

A N D OTH E R

PA PERS,

R E LA TJN G T O

F O R T S U M T'

E R .

INCLUD ING! CORR ESPOND ENCE O F

HON . ISAAC W. HAYNE WITH THE PRESIDENT .

SECOND ED ITI ON .

(HI A R L E S T O N

ST E AM - POW' ER PR E SSES O F E V AN S S; COGSW ELL ,N o . 3 Broad an d 1 03 East Bay Stree t

Page 3: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning
Page 4: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

EXECUTIVE DOCUMENTS.

N o . 2 .

C O R R E S P O N D E N C E

A N D OTHER

PA PE RS ,

RELAT I NG T O

F O R T S U M T E R .

I NCLUD I NG CORRESPOND ENCE O F

HON . ISAAC W. HAYNE WITH THE PRESIDENT .

SECOND ED ITION .

C HARLE STONS T E A M - P O W E R P R E S S E S O F E V A N S 6! C O G S W E L L .

N o. 3 Broad an d 1 03 E ast Bay S treet.1861 .

Page 5: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning
Page 6: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

C O RRE SPO N D E N C E .

N o . 1 .

[MAJOR ANDERSON TO THE GOVERNOR !

T o 11 58 E xcellency , the Governor of S ou th Carol ina.

S I R T W O of your batterie s fired th i s morning upon anunarmed vesse l bearing the flag of my Government . As I hav e

n ot been notifi ed that war has been declared by South Carolina

agains t the Government of the United States,I cannot b u t.

think that th i s hosti le act was committed W i tho u t your sanction or authority . Under tha t hope

,and that a lone

,d id I

refrain from opening fire upon your batterie s .

I have the honor,there far e

,respectfu l ly to ask whether th e

above - mentioned act— one I beli eve W i th out a paral le l i n th e

history of our country,or of any o ther c ivi l ized Governmen t.

was commi tted in obedience to your instructi ons,and to n otifv

y ou i f i t be not di sc laimed , that I must regard i t as an act o fwar

,and that I shall not

,after a reasonable time for the return

of my messenger,permit any vessel s to pass W i th in range o f

the guns of my Fort .I n order to save as f ar as in my power the sh edding of blood

,

I beg that you wil l have due not ificati on of thi s my deci sion .

given to al l concerned .

Hoping,however

,that your an swer may be such as wi l l ju s

t ify a further continuance Of forbearance on my part , I hav e

the honor to be,

Very respectfully,

Your obedi ent se rvan t,

ROBE RT ANDE RSONMajor 1 st Arti l lery U . S . A .

, Commandin g .

FORT SUMTER,S . (1

,January 9 . 1861 .

Page 7: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

No . 2.

[THE GOV ERNOR T o MAJOR ANDERSON !

STATE OF SOUTH CAROLINA .

E X ECUTIVE O FFICE,HEAD !UARTERS ,

C harleston,9 January , 1861 .

S I R ! Your letter has been rece ived . In i t you make certains tatements which very plainly show that y ou have not beenfu l ly informed by your Government

,of th e precise relations

which now exist between i t and the State of South Carol ina .

O fficial information has been communicated to the Governmen to f th e United States that the poli tical connecti on

,heretofore

exi sting between th e State of South Carol in a an d the Stateswh ich were known as the Un ited States

,had ceased and that

th e State of South C arol ina had resumed al l th e power . it haddelegated to the United States under th e compact known asth e C on stitution of the United State s . The right which theS tate of South C arolina possessed to change the poli tical relat i ons i t he ld wi th other States

,u nder the Consti tution of the

Uni ted States , has been sol emn ly asserted by the people of th isS tate , in C onvention , and n ow does not admit of discussion .

In anticipati on of the Ordinance of Secession,of wh ich the

President of the United States had received official notification,

i t was understood by him,that sending any reinforcements of

the troops of th e United States in the harbor of Charl eston,

would be regarded by the constituted auth oriti es of the Stateof South Carol ina as an act of hosti l i ty ; and at th e same timei t was understood by him

,that any change in the occupation of

the forts in the harbor of Charleston would,in like manner

,be

regarded as an act of hosti l ity . E ither or both of these eventso ccurring during the period in whi ch the State of South Carol i n a constituted a part of the United States , was then di stinctlyn otified to the Presi dent of the United States as an act or actso f hosti li ty ; because ei ther or both would be regarded and couldon ly be intended to dispute the right of the State of SouthCarol ina to that pol itica l Independence wh ich sh e has always

asserted and wil l always main tain .

Whatever would have been during the continuance of thi s

S tate,while a member of the United States

,an act of hosti l ity ;

Page 8: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

O

became much more so , when the State of South Carolina haddi ssolved i ts connection with the Government of the Uni tedStates .After the secession of the State of South Carol ina

,Fort

Sumter continued in the possession of troops of the UnitedStates . How that fort i s at thi s time in the possessi on of th etroops of the United S tates , is n ot n ow necessary to di scuss .

It wil l suffice to say that the occupancy of that fort has been

regarded by the State O f South Carol ina as the first act of

posi tive hosti l ity committed by the troops of the Uni ted State swi thin the l imits of thi s State ; and was in thi s l igh t regardedas so unequivocal , that i t occasi oned th e terminati on of the n e

got iat ion s , then pending at NV ash in g t-on ; between the Commission ers of the State of South Carol in a and the Presiden t of th eUnited States .The attempt to rei nforce th e troops now at Fort Sumter. or

to retake and resume possession of the forts with i n the w atersof thi s State , which you have abandoned , after spik ing th e

guns placed there,an d doing otherwise much damage

,cannot

be regarded by the authori t i e s of thi s Sta te as indicat ive of anvother purpose than the coercion of the State by the armed forceof the Govermn c n t . To repe l such an attempt i s too plainlyits duty , to allow i t to be discussed . Bu t

, whi le defending i tswaters

,the authoritie s of th e S tate have been carefu l so to con

duct the affairs of t li e‘

S tate that no act, however necessary for

its defence , should lead to an useless waste of l ife . Speci a lagents

,therefore

,h ave been off the bar , to warn al l approach

ing vessel s,if armed ; or u narmed an d having troops to rei nforce

the forts on board ; n ot to en ter the harbor of Charleston ; andspecial orders have been given to the commanders of al l th eforts and batterie s

,not to fire a t such vesse ls

,unti l a sho t fired

acros s the ir bows would wa rn them of the prohibi tion of th eState .

Under these c irc umstances,the Star of the

West,it is under

stood,th is morn ing attempted to en ter th i s harbor

,with troops

on board ; and having been n otified that she could n o t en ter.was fired into . The act i s perfectly justified by m e .

I n regard to your threat in regard to vessel s in th e harbor , i ti s only n ecessary to say

,that. you must j udge of your responsi

bil ities . Your position in thi s harbor has been tolerated by th eauthori ti e s of th e State . And whi le th e act of which you com !

Page 9: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

6

p lain i s in perfect con si stency with the rights and duti es of th eState

,i t i s not perceived how far the condu ct which y ou pro

pose to adopt,can fin d a paral le l i n the history of any country ;

or be reconci led wi th any other purpose of your Government,

than that of imposing upon this State the condition of a con

quered province .

F . W . PIC! E NS .

T o M ijor ROBERT ANDERSON ,C omma nd ing Fort S umter .

No 8 .

[MAJOR ANDERSON T o THE GOVERNOR !

HEAD ! UARTERS , FORT SUMTER , S . C .

,

January 9 , 1861 .

T o h is E xcellency , F . W . P I C ! EN S,

Governor of the S tate of S outh Carolina

S I R ! I have th e honor to acknowledge the receipt of your

communication of to - day,and to say that

,under the circum

stan ces,I have deemed it proper to refer the whole matter to

my Government ; an d that I inten d deferring the course in di

cated i n my note of th is morning unti l th e arrival from Washi ng ton of th e in structi ons I may receive . I have the honoralso to express a hepe that no obstructions w i l l be placed inthe way of

,and that y ou wil l do me the favor to afford every

faci l i ty to,the departure and return O f the bearer

,L i eut . T .

Talbot,U . S . Army

,who has been di rected to make the j ourney .

I have the honor to be,

Very respe ctfu lly ,ROBE RT ANDE RSON

,

M ajor U . S . A rmy , C ommand ing .

Page 10: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

No . 4 .

[THE GOVERNOR T o MAJOR ANDERSON .!

STATE OF SOUTH C AROL INA,

E X ECUTIVE O FFICE,CHARLESTON

,

1 1 th January , 1 861 .

T o M ajor ROB ERT ANDERSON ,C ommand ing Fort S umter

S I R ! I have thought proper,under al l the circumstance s of

the peculiar state of publ ic affairs in the country at presen t,to

appoint the Hon . A . G . Magrath and Gen . D . F . Jamieson,both

members of the E xecutive Counci l,an d of th e highest p osition

in the State,to present to y ou consideration s of the gravest

publ ic character ; and of the deepest interest to al l who deprecate the improper waste of l ife ; to. induce the del ivery of Fort

Sumter to the con stituted authori tie s of the State of SouthC aro lin a

,wi th a p ledge

,on its part

,to account for such publ ic

property as i s under your charge .

Your obedi ent servant,

F . W . PIC ! E NS .

No . 5 .

[MAJOR ANDERSON T o THE GOVERNOR !“1HEAD ! UARTERS , FORT SUMTER , S . C

January 1 1 , 1 861 .

T o His E xcellency , F . W . P IC! EN S ,Governor of S outh Carol ina

S I R ! I have the honor to acknowledge the receipt of yourdemand for th e surrender of thi s fort to th e authori ti es of SouthCarol ina

,and to say

,i n reply ,

that the demand i s one withwhich I cannot comply . Your E xcel lency knows th at I h averecently sent a messenger to Wash ington

,and that i t wi l l be

impossibl e for me to rece ive an answer to my dispatches , for

warded by him,at an earl ier date than next Monday . What

the character of my in struct i on s may be , I cannot foresee .

Should your E xcel lency deem fit,prior to a resort to arms ,

Page 11: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

8

to refer th is ma tter to Wash ington,i t would afford me the

sincerest p leasure to depute on e of my officers to accompanyany messenger y ou may deem proper to be the bearer of yourdemand .

Hoping to God that in th i s,and all other matters in which

the honor, welfare and l ives of ou r fel low countrymen are concerned , we shal l so act as to meet His approval ; and , deeplyregretting that y ou have made a demand of me w i th which Icannot comply

,

I have the honor to be,

With th e highest regard,

Your obedient servant,

ROBE RT ANDE RSON,

M ajor U . S . A rmy , C ommand ing .

No . 6.

[THE GOV ERNOR T o THE PRE SIDENT OF THE UN ITED STATE S .!

STATE OF SOUTH C AROL INA,

E X ECUTIVE O FF ICE,HEAD ! UARTERS ,

C harleston,January

S I R ! At the t ime of th e separation of the State of SouthCarol in a from the United States, Fort Sumter was, and sti l l I s,in the possess ion of troops of the United States

,un der the

command of Major Anderson . I regard that possession asnot con si stent with the digni ty or safety of the State of South

C arol ina ; and I have th i s day addressed to Maj or Anderson acommu n i cation to obtain from him the possession of that fort

,

by the authoriti es of th i s State . T h e rep ly of Maj or An d ersoni nforms me th at he has no authority to do what I required

bu t he desire s a reference of the deman d to the President ofthe United States .

Under the circumstances n ow exi sting,and which n eed no

comment by me , I have determined to send to you the Hon .

I . W . Hayne,the Attorney General of the State of South Car

ol ina,and have in structed h im to demand the delivery of Fort

Sumter,i n th e harbor of C harle ston; to the con sti tuted au thor i

ti es of the State of South C arol ina .

Page 12: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

9

The demand I have made of Maj or Anderson,an d wh i ch I

now make of you , i s suggested because of my earnest desire toavoi d the bloodshed which a persi stence in your attempt toretain the possession of that Fort wi l l cause ; and which wil l b eu navai l ing to secure y ou that possession , but induce a calami ty

most deeply to be deplored .

If con sequences so unhappy shall ensue,I wil l secure for thi s

State,i n the demand which I n ow make

,the sati sfacti on of

having exhausted every attempt to avoid i t .In relation to the publ i c property of the Uni ted State swith in Fort Sumter

,the Hon . I . W . Hayne

,who wil l hand you

thi s communication , i s authoriz ed to give y ou the pledge of theState that the valuation of such property wil l be accounted

for,by thi s State

,upon the adj ustment of i ts re lation s w i th th e

Uni ted States,of wh ich i t was a part .

F . W . PIC ! E NS .

T o the PRE S IDENTof the U n ited S tates .

N o . 7 .

[IN STRUCTION S FROM THE STATE DEPARTMENT OF THE EX ECUTIVEO FFICE T o HON . I . w . HAYN E !

STATE OF SOUTH C AROLINA.

E X ECUTIVE O FF I CE,STATE DEPARTMENT .

C harleston,January 12, 1 861 .

S I R ! T he Governor has con sidered i t proper,in view of the

grave question s which now affect the State of South Caroli naand the Uni ted States

,to make a demand upon th e President of

the United States,for the del ivery to the State of South Caro

l ina of Fort Sumter,now w i thi n the territori al l imits of thi s

State , and occupi ed by troops of the United States .The Conven t ion of the People of South C arol ina authorized

and empowered i ts C ommissi on ers to enter into negotiation sw i th the Government of th e United States

,for the del ivery of

forts , magazines , l igh t houses , and other real e s tate within thel imits of South Carol ina .

The circumstances which caused th e interruption of that

Page 13: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

1 0

negotiati on are known to you ! w i th the formal notification of

i ts cessation,was the urgent expressi on of the n ecessity for th e

withdrawal of th e troops of the United States from the harborof Charleston .

The interruption of these negotiation s left al l matters con

n ected with Fort Sumter and troops of the United Stateswithi n the l imits of thi s State

,affected by the fact ; that the

continued possession of the Fort was n ot consi stent with thed ignity or safety of the State ; and that an attempt to reinforce the troops at that fort would not be al lowed . Thi s

,

therefore,became a state of hosti l ity ; i n consequence of which

the State of South C arol ina was placed i n a condition of defence . During the preparation for thi s pu rpose

,an attempt

was made to reinforce Fort Sumter,and repelled .

You are n ow in structed to proceed to Washington,and there

,

i n th e name of the Government of the State of South C arol ina,

enquire of the Presiden t of the United States,wheth er i t was

by his order that troops of the United States were sent intothe harbor of Charl eston to reinforce Fort Sumter ; i f h e avowsthat order

,you will then enquire

,whether h e a sserts a right to

introduce troops of th e United States within the limits of th isState

,to occupy Fort Sumter ! and you wil l

,in case of hi s

avowal,inform him that neither wil l be permitted ; and ei ther

w i l l be regarded as hi s declarati on Of war against the State ofSouth Carol ina .

The Governor,to save l ife

,and determined to omit n o course

of proceeding usual among civi li zed nations,previous to tha t

condition of general h osti l iti e s which belongs to war ; and notknowin g under what order

,or by what authority , Fort Sumter

i s now held ; demanded from Maj or Robert Anderson , now incommand of that fort

,i ts delivery to the State . That offi cer ,

i n hi s reply,has referred th e Governor to the Governmen t

l

of

the U nited States at Wash ington . You wil l,therefore

,demand

from the President of the United States the with drawal of th etroops of the Uni ted State s from that fort

,an d i ts del ivery to

the State of South Carol ina .

You are instructed not to allow any question of propertyclaimed by the United States to embarrass th e asserti on of thepolit ica l right of the S tate of South Carolina to the possessi on of

Fort Sumter . The possession of that fort by the State i s aloneconsi stent with the dignity and safety of the State of South

Page 14: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

1 1

Carol ina but such possessi on i s n ot i nconsi stent with a rightto compensati on i n money i n another Government

,i f i t has

again st the State of South C arolin a any j ust claim connectedwith that fort . Bu t the possession of the fort cannot

,in regard

to th e State of South Carol ina , be compensated by any c on sid

cration of any k ind from the Government of th e United States,

when the possession of i t by the Governmen t i s invasive of thedigni ty and affects the safety of the State . That possessioncannot become n ew a matter O f discussion or negotiati on . You

wil l,therefore

,require from the Presiden t of the United States

a posi tive an d distin ct answer to your demand for the del ivery

of th e fort . And you are furth er authori zed,to give the pledge

of th e State to adj ust al l matters which may be,and are in

their nature,susceptibl e of valuati on in money ; in the man ner

most usual,an d upon the prin ciple s of equity an d j usti ce

always recogn ized by independent nati ons , for the ascertain

ment of thei r relative rights and Obligation s in such matters .You are furth er in structed to say to the Pres ident of the

Uni ted States,that th e Governor regards the attempt Of the

Presiden t of the United State s,i f avowed

,to continue the pos

sessi on of Fort Sumter ; as i nevitably leading to a bloody i ssue ,a questi on which

,i n th e j udgmen t of the Governor

,can have

bu t one conclusi on ; reconci labl e wi th a due regard to the State

of South Carol in a,the welfare of th e oth er States which n ow

con stitute the Un ited States,and that human ity which teaches

al l men,bu t particularly those

,who in authori ty control th e

l ives of others ; to regard a resort to arms , as the last whi chshou l d be con sidered . To shed their blood in defence of th eir

rights i s a duty,which th e c itizen s e f the State of South Caro

lina fully recognize . A n d i n such a cause,th e Governor

,whil e

deploring the stern n ece ssity wh ich may compel h im to cal l forthe sacrifice ; w i l l fee l that h is Obl igat ion to preserve inviolatethe sacred rights of th e S tate of South Carol ina

,j ustify the

sacri fic e necessary to secure tha t end . The Governor does notdesire to remind the President of the responsibi l it i e s which areupon h im .

Respectfu l ly,your obedient servant

,

A . G . MAGRATH .

T o Hon . 1 . W . HAYNE,

Sp ecial E nvoy from the S tate of S outh Carol inato the P res id ent of the U n ited S tates .

Page 15: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

12

No . 8.

[LETTER O F SENATORS OF SECED ING STATE S T O HO N . I . W . HA YN E J

WASHINGTON C ITY,January l 5 th , 1 861 .

Hon . I SAAC W . HAYNE '

S I R ! We are apprised that y ou V i si t Washin gton,as an

E nvoy from the State of South Carol ina,bearing a commun i

cation from the Governor of your State to the President of theUnited States

,i n relation to Fort Sumter . Without knowing

its Contents , we venture to request you to defer its del ivery to

th e President for a few days,or unti l you and he have con s id

ered the suggestion s which we beg leave to submit .

We know that the posse ssi on of Fort Sumter by troops ofthe United States

,coupled with the circumstances under which

i t was tak en,i s the ch i ef

,if n ot only

,sou rce of difficulty be

tween th e Government of South Caro lina an d that of theUnited S tates . We would add

,that we

,too

,think it a j ust

cause of i rritation an d of apprehension on the part of yourState . Bu t we have also assurances

,notwithstanding the cir

cumstan ces under which Maj or Anderson left Fort Moultrie

and entered Fort Sumter with th e forces under h is commandthat it was not taken

,and i s not held

,with any hosti l e or u n

fri endly purpose towards your State ; but merely as property ofth e United States

,which the President deems i t h is duty to

protect an d preserve .

We wil l not di scuss the question of right or duty on the part

of eith er Government touching that property,or the late acts

of either in relati on thereto ; but We th ink that , without any

compromi se of right or breach of duty on either side,an ami

cabl e adj ustment of the matter of differen ces may and shouldb e adopted . We d esire to see su ch an adjustment

,and to pre

vent war or the shedding of blood . We represent States whichhave already seceded from the United States

,or wi l l have done

so before the firs t of February next,and which wi ll meet your

State in C onvention on or before the fifteenth of that month .

Our people fee l that they have a common destiny wi th your

people,an d expect to form with them

,i n that Conven tion

,a

n ew C onfederation and Provi sional Government . We must

an d w i l l share your fortunes,suffering with you the evi ls of

Page 16: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

1 8

war,if i t cannot b e avoi ded ; and enj oying with you the ble ss

ings of peace,if i t can be preserved . We

,therefore

,think i t

e special ly due from South Carolina to our Sta tes— to say nothing of other slaveholding States— that she should

,as far as sh e

can,con sistently with her honor

,avoid initi ating hosti l itie s

between her and the United States or any other Power . Wehave th e publ i c declarati on of the President , that he has notthe con sti tutional power or th e wil l to mak e war on SouthCarol ina

,and that the public peace shal l n ot be disturbed by

any act of hosti li ty towards your State .

We , therefore , see n o reason why there may not. be a settl ement of exi sti ng d ifficultie s

,if time be given for calm and

del iberate counsel w i th those State s wh ich are equal ly involvedwith South Carol ina . We

,there fore

,trust that an arrange

men t wi l l be agreed on between y ou and th e President , at leastti l l th e fi fteenth February next ; by which time your and ou r

States may , i n Conventi on , devise a w ise , ju st and peaceableso luti on of existing difficulti e s .In the meantime

,we think your State should suffer Maj or

Anderson to obtai n necessary suppli e s of food , fuel or water,and enj oy free communication

,by post or special messenger

,

with the President ; u pon the u nderstanding that the Presi den twi ll n ot send h im reinforcements during the same period . We

propose to submit thi s preposi tion and your answer to thePresiden t .

If not clo thed with power to make such arrangement,then

we trust that y ou wil l submit ou r suggestions to the Governor

of you r State for hi s instruction s . Unti l you have rece ived

an d communicated h is response to th e President,of course

you r State wi l l not attack Fort Sumter,and the President wi l l

n ot offer to re inforce i t .We most respectfu l ly submit these propositions

,i n the earnest

hope that you,or the proper authority O f your State , may accede

to them .

We have th e honor to be,

With profound esteem

Your obedi ent servants ,

LOUI S T . WIGFALL , C . C . CLAY,Jr .

JOHN HEMPH ILL,

BENJAMIN FIT! PATRI C!,

D . L . YULEE,

A . IV ERSON ,S . R . MALLORY

,JO I I N SLIDELL

,

JEFFERSON DAV I S , I . P . BENJAMIN .

Page 17: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

1 4

No . 9 .

[LETTER OF HON . I . w . HAYNE IN REPLY T o SENATORS FROM S E C E D

ING STATE S !

WASHINGTON,January , 1 861 .

GENTLEMEN ! I have j ust received your communi cation,dated

the 1 5 th instant . You represent,you say

,States which have

already seceded from the United States,or will have done so

before the 1 st of February next,and which will meet South

Carolina in Convention,on or befo re the 1 5 th of that month

that your peopl e fee l they have a common destiny withou r people

,and expect to form w ith them i n that C onven

ti on a n ew C onfederacy an d Provisi onal Government ! that youmust

,and wi ll share our fortunes

,sufferin g with us the evi ls of

war,if i t cannot be avoided

,and enj oyin g w i th us the blessin gs

of peace,if i t can be preserved .

I feel,gentlemen

,the force of thi s appeal

,and

,so far as my

authority extends,most cheerfully comply wi th your request .

I am not clothed with power to m ake the arrangements you

suggest,bu t provided you can get assurances

,with which you

are entirely satisfied,that no re inforcements wi ll be sent to

Fort Sumter in the interval,and that publ ic peace shal l not be

di sturbed by any act of hosti li ty towards South Carol ina , I

wi l l refer your communication to the authorities of South C arol ina

,and withholding the ir communicati on

,with wh ich I am

at present charged,wi ll awai t for their in structions .

Maj or Anderson,and h is comman d

,let me assure you

,d o

n ow obtain al l necessary suppl i e s O f food , (including fresh meat

and vegetable s,! and , I bel ieve , fuel an d water ; and d o now

enj oy free communication by pos t,and special messengers with

the President,and wil l continu e to do so

,certai nly

,unti l the

door of negotiation Shall be closed .

If your proposition i s acceded to, y ou may assure the Presi

dent that no attack wi ll b e made on Fort Sumter, unti l a

response from the Governor of South C aroli na has been received

by me , and communicated to him .

With great con siderati on and profound esteem,

Your obedi ent servant,

ISAAC W . HAYNE,

E nvoy from the Governor and C ou ncil of S outh Carol ina .

Page 19: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

1 6

to him to defer the del ivery of a message from the Governor ofSouth Carol ina to th e President

,with which he has been en

trusted,for a few days

,or unti l the President and C ol . Hayne

shal l have considered the suggestions which you submit . It i sunnecessary to refer special ly to these suggestions

,because the

l etter addressed to you by C ol . Hayne,of the 1 7th in stant

,

presents a clear and specific an swer to them . In this h e saysI am not clothed with power to make the arrangement yousuggest but provided y ou can get assurances , w i th which youare entire ly sati sfied

,that n o reinforcements w i l l be sent to

Fort Sumter,i n the interval

,and that the publ i c peace wi l l n ot

be disturbed by any act of hosti li ty towards South C arol ina,I

will refer your communicat ion to the authoriti es of South C arol ina

,and

,w i thholding the commun ication w i th which I am

at presen t charged,wi ll await further instructions .!

From the beginning of the present unhappy troubles,the

President has endeavored to perform hi s executive dutie s insuch a manner as to preserve the peace of the country

,and to

prevent bloodshed . This i s sti l l h i s fixed purpose . You,

therefore,do him no more than j usti ce i n stating that you

have assurances, (from hi s publi c messages , I presume ,! that ,

“ notwithstandin g the circumstances under which Maj or Ander

son left Fort Moultri e,and entered Fort Sumter with the forces

under his command,i t was n ot taken

,and i s not he ld with any

hosti le or unfri endly purpose towards your State , but merelyas property of the United States

,which the President deems i t

h i s duty to protect and preserve,

! you have correctly stated

what the Presi dent deem s to be h is duty . His so le obj ect n owi s,and has been

,to act strictly on the defensive , and to author

iz e n o movement against the people of South C arol ina , unlesscl early j ustified by a hosti le movement on their part . He couldnot have given a better proof of hi s des ire to prevent the effu

s ion of b lood , than by forbearing to resort to the use of force ,under th e strong provocation of an attack , (happi ly wi thout a

fatal re sult,! on an unarmed vesse l bearing the flag of the

Uni ted States .

I am happy to observe that,i n your letter to C ol . Hayne

,you

express the opi n ion , that i t i s especial ly due from South C arol ina to ou r States

,to say nothing of other slavehold ing States ,

that she should,as far as she can consistently with her honor,

avo id in itiating hosti l it i es between her and the Uni ted States,

Page 20: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

1 7

or any other power . To initiate such hosti li ties against FortSumter

,would

,beyond question

,be an act of war against the

U n ited States .In regard to the proposition of Col . Hayne , “ that no r e

in for cemen ts wi l l be sent to Fort Sumter, in the ' in tc rva l,and

that the publi c peace wi l l n ot be dis turbed by any act of hos

t il ity towards South Carolina , i t i s impossible for me to give

y ou any such assurances . The Presiden t has no authority toenter into such an agreement or understanding . As an executiveofficer

,he i s simply bound to protect the public property

,so far

as thi s may be practi cable ; and i t would be a mani fest violation of hi s duty to place himself under engagements that h ewould not perform th is duty eith er for an indefini te or a limited period . At the present moment

,i t i s not deemed necessary

to reinforce Major Anderson,because he makes no such request

,

and feel s quite secure in h is position . Should hi s safety,how

ever , requi re reinforcements , every effort w i l l be made to

supply them .

In regard to an assurance from the President,

“ that the publ i c peace wil l n ot be disturbed by any act of hosti l ity towards

South C arol ina,

! the an swer wil l readi ly occur to yourselves .

To Congress,and to C ongress alone , belongs the power to

make war,and i t would be an act of usurpation for the E xe cu

t ive to give any assurance that Congress would not exercise

th i s power,however strongly he may be convin ced that no

such intention exists .I am glad to be assured

,from the letter of C ol . Hayne

,that

Maj or Anderson and h is command do now obtain al l n ecessarysuppl i es

,including fresh meat and vegetable s

,and

,I bel i eve ,

fuel and water,from the Ci ty of Charleston

,and do now enj oy

communication,by post and special messenger

,w i th the Presi

dent,and will continue to do so

,certain ly unti l the door to

n egotiation has been closed . I trust that these faci l i ti e s maysti l l be afforded to Major Anderson . This i s as i t Should be .

Major Anderson i s not menacing Charleston ; and I am con

vin ced that the happie st result wh ich can be attained i s , thatboth he and the au thorities of South Carol ina shal l remain onthei r presen t amicable footing

,neither party be ing bound by

any obligat ion s whatever,except the high C hri stian and moral

2

Page 21: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

1 8

duty to keep th e peace,and to avoid al l cau ses of mutual irri

tat ion .

Very respectfully , y our obedient servant,J . HOLT

,

S ecretary of War, ad interim.

No . 12.

[LETTER OF SENATORS OF SECED ING STATE S TO HON . I . w . HAYNE !

WASHINGTON,23 January , 1 861 .

HO N . ISAAC W . HAYNE .

S I R ! In answer to y our letter of the 1 7th i nst ., we have

n ow to inform you that, after communicating with the President

,we have rece ived a letter signed by the Secretary of War

,

and addressed to Messrs . Fitzpatrick,Mallory and Slidel l

, on

the subj ect of ou r pr eposit ion , which letter we n ow en'

close toyou . A l though its terms are n ot as sati sfactory as we couldhave desired, in relation to the ulterior purposes of th e E xecut ive

,we have no hesitation in expressing our entire c onfidence

that no reinforcements w i l l be sent to Fort Sumter,nor wil l the

publi c peace be di sturbed within the period requi site for fu l lcommunication between yourself and your Government ; andwe trust

,therefore

,that y ou wil l fee l j ustified in applying for

further instructions before de livering to the Presiden t any message with wh ich y ou may have been charged .

We take thi s occasion to renew the expression of an earnesthepe that South Carol in a wil l n ot deem it incompatible withher safety

,dignity or honor

,to refrain from initiating any

hosti l itie s against any Power whatsoever ; or from tak ing anysteps tending to produce col li s ion

,unti l ou r States, which are

to share her fortun es, shal l have an Opportunity of j oining theircounsel s with hers .

We are,with great respect

,

Your obedient servants,

LOUIS T . WIGFALL,

D . L . YULE E .

1 . P . BE NJAMIN,

A . IVE RSON,

JOHN HE MPHILL,

JO HN SL IDE LL,

C . C . CLAY ,JR .

Page 22: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

1 9

P . S . Some of the signatur es to the former letter addressedto you are n ot affixed to th e foregoing communication , in consequence of the departure Of several Senators , now on t hei r

way to their respectiv e States .

No . 13 .

[LETTER O FHO N . I . W . HAYNE T O SENATORS O F SECED ING STATE S !

To THE HONORABLE LOUI S T . W IGFALL,D . L . YULEE

,I . P . BE N

JAMIN,A . IVERSON

,JOHN HEMPH ILL

, JOHN SLIDELL , A N DC . C . C LAY

,JR .

GENTLEMEN I have rece ived your letter of th e 23d i nst . .

enclosing a communication d ated the 22d inst .,addressed to

Messrs . Fi tzpatrick,Mallory and Slidel l

,from the Secretary

of War,ad inter im. Thi s communication from the Secretary is

far from being sati sfactory to me . Bu t,inasmuch as you state

that “ we (you!have n o hesitati on in expressing an en tire confid en ce that no re inforcement wi ll be sent to Fort Sumter

,n or

will the publ i c peace be di sturbed within the peri od requisi te forful l communication between yourself (myself! and your (my !Government

,

! i n compliance with ou r previ ou s understanding .

I w ithho ld the communication wi th which I am at presentcharged

,and refer the whole matter to th e authorities of South

Carolina,and wil l await their reply .

Mr . Gourdin of South Carolina,n ow in thi s city

,will leave

here by the evening!s train,and will lay before the Governor of

South Carolina and hi s C ounci l , the whole correspondencebetween y ourselves and myself, and between you and the Governmen t of the United States ; with a communicat ion from me .asking further instructions .

I cannot,i n closing

,but express my deep regret that the

President should deem i t necessary to keep a garri son of troopsat Fort Sumter for the protection of the “

prop erty!

of the Uni

ted States . South Carol ina seem s the idea of appropriating toherself th e p rop erty of another, whether of a Government or an

Page 23: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

20

individual , without accounting , to the last dol lar, for everythingwhich

,for th e protection Of h er citizen s

,and in vindicati on of

her own honor and dignity, she may deem it n ecessary to takeinto her own possession . As p rop erty , Fort Sumter i s in far

greater j eopardy occupi ed by a garri son of United States

troops,than it would be if del ivered over to the State au thor i

ti e s,with the pledge that

,in regard to that and al l other

property claimed by the Un ited States w i thin the juri sdictionof South Carolina

,they would fully account

,u pon a fair adjust

ment .Upon the other point of the preservat ion of the peace

,and

the avoidance of bloodsh ed ! Is i t supposed that the occupation of a fort i n the midst of a harbor

,with gun s bearing upon

every position of i t,by a Government n o lon ger ackn ow ledged ,

can be other than the occasion of constant irritation , excitementand indignation It creates a condition of things which I fear

i s but l ittl e calculated to advance the observance of the “ highChri stian and moral duty to keep the peace

,and to avoid all

causes of mutual irri tati on,

! recommended by the Secretary of

War in hi s communication .

In my j udgment , to continue to hold Fort Sumter by UnitedStates troops

,i s th e worst possib le mean s of protecting it as

property ; and the worst poss ible means for effecting a peacefuls olut ion of present difficu lti es .

I beg leave,in conclusion

,to say that it i s in deference to the

u nanimous Opin ion expressed by the Senators present in Wash

ing ton ,representin g States whi ch have already seceded from

the United States,or wil l have done so before the 1 st of Febru

ary next,

! that I comply with your suggestions . A n d I feelassured that suggestions from such a quarter will be considered

wi th profound respect by the authori tie s of South C arol ina,and

will have great weight in determin ing their action .

With h igh consi derati on,I have the honor to be ,

Very respectful ly,

Your obedient servant,

ISAAC w. HAYNE,

E nvoy from the Governor and Council'

of S outh Carolina .

Page 24: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

21

No . 14 .

[DE SPATCH FROM T HE HO N . A . G . MAGRATH T O HO N . I . I V . HAYN E .!

STATE OF SOUTH CAR OL INA .

E X ECUTIVE OFFICE,STATE DEPARTM ENT .

C harleston,January

S I R ! Your despatch has been received,covern with other

papers the reply of the President through Mr . Holt , S e cr e tarv

of IVar , ad inter im,dated the 22d of January

,1 861

,to the

letter of Mr . Fitzpatrick,Mr . Mallory

,and Mr . S lidell

,enclos

ing to him a correspondence between certa in Senators of th eUnited State s and C ol . I saac IV . Hayne ; the letter Of certainSenators to y ou , dated the 23d January , 1 861 ; and your reply tothose Senators

,dated th e 2i th January

,1 861 .

In the letter of the Senators addressed to you,and dated

the 1 5 th January,1 861

,after stating that the possession of

Fort Sumter by troop s of th e United States,coupled with th e

circumstances u nder which i t was taken,i s the ch ief

,

if n ot theonly source of difficulty

,between th e Government of South

Carol in a and that of the United States ; they add that th ev.

“ too,think it a j ust cause of irri tation and apprehen sion on

the part of your (thi s! State . They then fu rther state thatthey had assurances

,notwithstanding other circumstances

whi ch seemed inconsi stent therewith ; that Fort Sumter“ was

n ot taken,and i s not held with any hosti l e or unfriendly pur

pose towards your (th is!State , but mere ly as property of th eUnited State s ; which the President deems i t hi s duty to pr Oteet and preserve .

! Under the influence Of that fee l ing Of acommon destiny which n ow animates the seceding States ; and

impressed with the earnest desire which seems to have beencherished in these S tates ; to accomplish that separation fromthe U n ited States , which they regarded as essentia l to thei rwelfare

,w i thout the i l l s which c ivi l war produces ; these Sena

tors proposed that time should be given for calm and deliberatecounsel with the States

,which are equally involved with South

C arol ina,in the fu ture i ssue of their presen t conduct . T o

secure the time necessary for the counsel wh ich should be had .

they proposed that thi s State “ should suffer Maj or Andersonto obtain n ecessary suppl ie s of food

,fuel or water

,and enj oy

free communication by post or Special messenger with thePresident , upon the understanding that the President wi l l no tsend him reinforcements during the same period .

!

Page 25: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

22

N0 such communication was anticipated by the Governor , inthe in struction s with which you were furnished . Bu t the discretion wh ich y ou exerci sed in delaying th e del ivery of thel etter to the Presiden t of the United States

,with which y ou

were charged ; under th e circumstances which then existed ,commends itself to the approval of the Governor . Such acourse on your part was due from thi s State to the representat ives Of those States

,the people of which

,i n the language of

their Senators,

“ feel a common destiny with your (ou r!people ,and expect to form with them a new Confederacy and Provi si onal Government ;

! and who “must and wi ll share your

(o u r!fortunes ; suffering with y ou (us! th e evi ls of war,i f it

cannot be avoided,and enj oying th e b l essings of peace

,if it can

be preserved .

!

The reply of the Presiden t to the proposition thus made,

referring to the statement of the intentions with which FortSumter i s h e ld

,as derived from hi s “ publ ic messages ,

! con cedesthat hi s purpose as stated ; that i s , to hold Fort Sumter “merelyas property of th e Uni ted States ! which he “ deems i t his dutyto protect and preserve i s correct . He declares it to be hissole obj ect to act stri ctly on th e defensive

,and to “ authoriz e

n o movement again st the people of South Carolina,un less

c learly j ustified by a hosti le movement on their part . ThePresident th en

,for proof of hi s desire to preven t the effusion

of blood,alludes to hi s forbearance to resort to “ the use of

force under the strong provocati on of an attack on an unarmed

vesse l b earing the flag Of the United States .!

Referring next to the anxious d esire of the Senators of theseceding States

,that th i s State “ should as far as sh e can

,con

sisten t ly with her honor , avoid initi ating hosti li tie s between heran d the Un ited States

,or any other Power the President de

clares “ that to initi ate such hosti l iti es against Fort Sumter,

would,beyond question

,be an Act of war against the United

States . And in reply to the propositi on that “ no reinforcements wil l b e sent to Fort Sumter

,which i s stated in hi s let

ter to be your prepos it ion ,he declares “ i t i s impossible for me

(him! to give you (the Senators! any such assurance . Hestates that “ h e has no authori ty to enter into such an arran gemen t or u nderstandin g

,

! and that it would be “a manifest

violation of his duty to place himself under engagements , thathe would n ot perform thi s duty either for an indefinite or a

Page 27: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

24

1 5 th day of February , the day named by the Senators in thei rletter, that which , whenever he attempts , he knows wil l beregarded by the State of South Carol in a as an act of war ; buth e refuses also to abstain from attempting thi s a ct

,even d u r

ing the period necessary to enable y ou to communicate to theGovernor the proposi tion of th ese Senators .All that the State of South Carol ina was desired

,i n the letter

of these Senators,to do in relation to Maj or Anderson and hi s

garri son,i t had don e not in i ts acknowledgment of any righ t

on the part of the United States,but i n the discharge of the

suggestion s of courtesy ; and with a desire n ot to visi t uponMaj or Anderson and hi s garri son th e consequen ces of the irritation which the conduct of h i s Government was so wel l

calculated to produce . N or would the acquiescence of theGovernment of the United States

,i n the forbearance required

from it , have done more than to have secured the statu s , in

which al l matters with in th e harbor of C harleston were at thi st ime ; by putting upon the State an ob l igation not to attackFort Sumter

,and upon th e Government of the United States

an obligati on not to reinforce it with fre sh troops . With the

suppli es which Maj or Anderson and hi s garri son were r eceivi ng ; with the faci li ti es which he and hi s garri son enj oyed inregard to the mai ls ; no pretext for interference w ith the harborof Charleston could be found

,except in connection with the

right claimed to reinforce the troops at Fort Sumter ! a right,

which,claimed by the President

,as involved in a duty , would

farther involve a n ecessity that he should determine , when his

du ty was to be discharged,by his exerci se of thi s right .

It i s true th at the Presi dent,i n h is letter , i ntimates that n o

reinforcements wi ll b e sent,because M aj or Anderson has made

no such request,and feels quite secure in hi s posi tion . It i s

n ot , however , to b e forgotten , that, u pon a recent occasion ,when ‘i t i s understood that Maj or Anderson did n ot cal l for

reinforcements,and may be presumed to have fe lt then as

secure in hi s posi tion as he does n ow,reinforcements were sent

to him ; nor was it the fault of the Government of the United

States that they did not reach him .

The preposit ion thus made to the Pres ident of the UnitedStates

,was the act of Southern Senators, unsolici ted and u n ex

pected . It was the evidence of a generous impulse , which ,having an imated them in the con tinuance of their connection

Page 28: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

25

w i th the United States,as long as that conn ection could be

maintained w i th regard to the rights of the States they r epr e

sen ted ; was exhibi ted , even in the moment of their final separation

,in an anxious desire to avoid co ll is ion and strife with

those,whom they could not recognize longer a s their brethren

in that politi cal Union which had be en terminated . The modcration of the terms in which they asked the acqui escence of

the President of the United States,will be long remembered .

Their request was simply that he would abstain from th e se

acts,which were unnecessary for the pu rposes he professed ; and

were sure ly calculated to develope th e i ll s h e declared h imselfan xious to avert .At thi s period

,and under such circumstance s , i t i s n ot only

important,but indi spen sab ly necessary

,that the Governor

should correctly understand the position which th e Government of the United States inten ds to occupy towards th i sState . And the correspondence

,which has produced the letter

of the Pres iden t,serves to di sp el much of whatever doubt may

have h itherto exi sted . If the Presiden t of the Un ited State sdesired only to protect Fort Sumter as property

,what higher

assurance of i ts safety could h e have found than in the pledgeof the State of South C arol ina , that i t should not be attacked !If i t was not to be defended as property

,but as a mi li tary post

of th e U n i ted States , then , indeed , i t would be“ a manifest vio

lation of h is duty ! to agree n ot to re inforce it . The assertion,

therefore,that i t i s on ly he ld as property

,i s in con si stent with

those requirements of duty,which the President al leges to b e

obligatory upon h im ; but which are obl igatory upon h im on lyi n relation to a mi li tary post . The Governor i s

,therefore

,

forced to conclude,that

,stripped of al l d isgui se

,the real pur

pose of the President of the United States i s to keep and defend Fort Sumter

,with in the l imits of South C arol ina , as a

mi l itary post of the United States .

Thi s conclusi on of the real purpose wh ich controls the Governmen t of th e United States in re lation to thi s State

,i s n ot

the le ss a result of the position which the President of theUnited S tates has assumed in re lation to th e pr eposition whichthe Senators of the seceding States have generously made ;than of the acti on of the President of the United States i nregard to other States which h ave seceded . And it i s con sidered by the Governor to be hi s duty—one which the State of

Page 29: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

26

South C arol ina wi l l so acknowledge—to regard al l hosti leattempts made by the Government of the United States uponany State whi ch has seceded

,as attempts made directly upon

th i s State . There i s no doubt,that at thi s moment

,hosti le

purposes , by the Government of the United States , are in operation , which affect Florida or Georgia . It does not admit of

a doubt, that an armed vesse l of the United States i s now

transporting,with the purpose of landing

,troops of the United

States upon the soi l of one or more of the States which haveseceded

,with hosti l e intentions towards such State . Another

expedition,the exi stence of whi ch is ascertained

,but th e pre

ci se nature of whi ch is more concealed,has been undertaken

for a like purpose . And that which gives to these hosti l eattempts a complexion th e least invi ting i s

,that they are

secretly undertaken , and th eir execution cover tly‘

attempted ,amid profession s of an earnest desire to avoi d col li s ion to savethe waste of life ; and to fulfi l the highest ob l igation s of morali ty . While the Commissi oner deputed by the State of Vi rgin iai s honestly urging u pon the authoriti es of thi s an d other Statesto avoid al l occasi ons of col li sion with the Government of the

United States and,whi le from the same State another Com

miss ion er i s attempting to recommend the same coun sel s to thePresident of the United States ; a hosti le exped ition i s on its

way to attempt the coercion of a State,when the Government

of the United States seems to li sten to the suggesti ons of peace

from that ancient C ommonwealth .

The Governor regards it as a happy circumstance that indeferring to the wishes of the Senators wh o have i nterposed inthe mi ssi on with which y ou were charged , their good intenthas b een rewarded

,i n leading to that declaration from the

President,which

,i n every seceding State

,wil l be regarded as

equivalent to his declaration of war again st them ; and thus

save them from the consequences of a generous , but mi sp laced ,confidence .

N or i s i t proper that it should be understood , that what thePresident i s p leased to consider a proof of h is forbearance ,should seem to have the acqui escence of the Governor in the

correctness of that construction of hi s conduct, under the cir

cumstan ces of a case,wholly unjustifiable , and more than

aggravati ng . It is not for the President of the United Statesto seem to consider the repul se of a vessel sent here wi th r e

Page 30: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

27

in for cemen ts,as the attack of the State Of South C arol ina upon

an unarmed vessel . If i t had n ot the armament of a vesse l

intended for war, th e less excusable was th e attempt to intro

duce,under the sh ield of a peacefu l trader

,armed men for the

purpose of executing the orders of the Presi dent . It was n otonly a hostil e demonstration

,but

,whi le hosti le

,i t was attempt

ed to be made successfu l under a disgui se,wh i ch , i f i t had

secured the result which was desired,would have left nothing

but the mere succes s to compensate for th e sacrifice of the pro

pr ie ties wi th which i t had been purchased .

The opin ion of the Governor,as to the propriety of the

demand which i s contained in the l etter,w i th the del ivery of

which you are charged,has n ot only been confirmed by the

circumstances which your mission has developed ; but i s n ow

increased into a convi ction of i ts necessi ty . The safety of theState requires that the positi on of the President should b e dis

t in c tly u nderstood . The safety of al l th e seceding Statesrequires i t

,as much as the safety of South C arol in a . If i t be

so,that Fort Sumter i s held but as property ,

th en,as property ,

the rights,whatever they may be , of the United States , can

b e ascertained ; and for the sati sfaction of those rights , thepledge of the State of South C arolina y ou are authoriz ed togive . If Fort Sumter i s not h e ld as property ,

i t i s held as a

mili tary post an d such a post,with in the limits of th i s State ,

wil l not be tolerated .

The letter of the President may be rece ived as the rep ly toth e question y ou were instructed to ask , as to hi s a ssertion of

the right to send reinforcements to Fort Sumter . You were

instructed to say to him,i f be asserted that right

,that the

State of South C arolina regarded such a right,when asserted ;

or w i th an attempt at its exerci se , as a declaration of war . Ifthe President intends i t shal l not be so understood

,i t i s proper,

to avoid any miscon ception hereafter,that he should be in

formed of the manner in wh ich the Governor wil l fee l bound

to regard i t .If the President

,when you have stated the reason s which

prompt the Governor i n making the demand for the del ivery of

Fort Sumter,shal l refu se to del iver the fort

,upon the pledge

vou have been authoriz ed to make , you wil l communicate thatrefusal

,without delay

,to the Governor. If th e President shal l

not be prepared to give you an immediate an swer, you w i l l

Page 31: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

28

commun icate to him that h i s answer may be transmi tted , with

in a reasonable time , to th e Governor at th i s p lace . The Governe r does not con sider i t n ecessary that y ou should remain inWashington longer than i s necessary to execu te th i s

,th e clos

ing duty of your mission,i n the manner now indi cated to y ou .

As soon as th e Governor shal l rece ive from y ou informationthat y ou have closed your mission , and the reply ,

whatever itmay be , of the President , he w i l l consider th e conduct whichw i l l b e necessary on h is part .

To the Senators,who have so generously interposed in th i s

matter, the Governor desires y ou to express the sati sfaction hehas experienced w i th the interest they have exhibi ted

,and th e

concurrence they have man ifested,i n the earnest desire whi ch

has governed h im,in h i s attempt to secure for the State of

South C arolina i ts j ust rights,w i thout th e waste of l ife or loss

of blood . If other coun sel s shal l prevai l with the Government

at Washington,the Governor feels that

,whatever unhappy

results may fol low,h is efforts and the efforts of those Senators

wi ll h ave been earnestly made to avert them . A copy of th i snote to y ou , the Governor desire s y ou to address to thoseSenators .It wi l l not b e necessary for the Governor to make any fur

ther communication to y ou than thi s note . To this, h e desiresme to add the express ion of hi s thanks for the manner in which

y ou have executed the duty w i th which y ou were charged .

Very respectful ly,yours

,&c .

,&c .

A . G . MAGRATH .

T o the Hon . 1 . W . HAYNE ,Sp ecial E nvoy from the S tate of S outh Carolina .

N O . 1 5 .

[M R . HAYNE T o THE PRE S IDENT OF T HE UN ITED STATES .!

WASHINGTON,January 31 , 1 861 .

T o his E xcellency, James Bu chanan , P resid ent

S I R - 1 had the honor to hold a short intervi ew w i th you on14th instant

,informal and u n ofii cial . Having previ ously been

informed that y ou desired that whatever was official should be,

Page 32: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

29

on both sides, conducted by written communicati ons , I did notat th at time present my credentials

,but verbally informed y ou

that I bore a letter from the Governor of South Carol ina i nregard to the occupation of Fort Sumter

,which I would deliver

the next day under cover of a written communication from

myself. The n ext day,before such commun i cation could be

made,I was waited upon by a Senator from Alabama

,who

stated that he came on th e part of all the Senators then inWashington from the States which had already seceded from

the United States,or would certainly have don e so before the

l st day of February n ext . The Senator from Alabama urged,

that,he and they were interested i n the subj e ct of my mission

,

i n almost an equal degree wi th th e authori ti e s of South Caro

l ina . He said,that

,hosti l i ti e s

,commenced between South Car

ol ina and y our Government, would necessari ly involve th eStates represented by themselves in c ivi l stri fe

,and fearing

th at the action of South C arol ina might complicate th e relation s of your Government to the seceded and seceding States

,

and,th ereby

,interfere with a peaceful solut ion of existing

difficultie s,these Senators requested that I would withhold my

message to yourself unti l a con sultation among themselves

could be had . T o th i s I agreed,and the resul t of the con sulta

t ion was the l etter of these Senators addressed to me,dated

1 5 th January , a copy of wh ich i s in your possession . T o thi s

l etter I repl ied on the 1 7th , and a copy of that reply i s likewisein your possession . Thi s correspondence

,as I am informed

,

was made th e subj ect of a communication from Senators Fitz

patrick,Mallory

,and S li del l

,addre ssed to you

,and your atten

tion called to th e conten ts . These gentlemen rece ived on the22d day of January, a reply to their appl ication , conveyed in

a letter add ressed to them,dated 22d

,signed by the Hon . J .

HOLT,Secretary of War, ad interim. Of th i s letter

,you

, of

course,have a Copy . Th i s letter from Mr . Holt was communi

cated to me under the cover of a letter from all th e Senators ofth e seceded and seceding States

,who sti l l remained in Wash

ington ; and of thi s l etter,too

,I am informed

,you have been

furni shed w i th a copy .

This reply of y ours throu gh the Secretary of War, ad interim,

to the appl i cation made by the Senators,was entirely u n sat is

factory to me . It appeared to me to be not only a rej ect ion ,i n advance

,of the main propositi on made by these Senators

,

Page 33: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

30

to wit ! that “ an arran gement should be agreed on betweenthe authoriti e s of South C arol ina and your Government

,at

least unti l the 1 5 th February next, by which time South Carol in a and the States represen ted by the Senators might

,in

C onvention,devise a w i se

, jam,an d peaceable soluti on of exist

ing difficulti es“ i n the meantime , they say,

“ we thin! , (thati s,these Senators

,! that your State (South Carolina! shouldsuffer Maj or Anderson to obtain n ecessary suppl ies of food

,

fuel or water,and enj oy free communication by post or spe

c ial messenger with the Presi dent,upon the underst and ing

that the President wi l l n ot sen d him reinforcemen ts duringth e same period but

,besides th i s rej ection of the main prop

osit ion,there was in Mr . Holt !s letter

,a distinct refusal to make

any stipulation on the subj ect of reinforcemen t,even for th e

short time that might be required to communicate with myGovernment .

This rep ly to the Senators was,as I h ave stated

,altogether

un sati sfactory to me,an d I felt sure that i t would be so to the

authoriti es whom I represented . It was not, however , ad

dressed to me,or to the authoriti e s of Sou th C arol ina ; and , as

So u th Carol ina had addressed nothing to your Government , an dhad asked nothing at your hands

,I looked n ot to Mr . Holt!s

l etter,bu t to the note addressed to me by the Senators of the

seceded and seceding States . I had consented to withhold mymessage at their in stance

,provided they could get assurances

satisfactory to them,that n o reinforcements would be sent to

Fort Sumter i n the interval,and that the peace should n ot be

di sturbed by any act Of hosti lity . -The Senators expressedi n their note to me of the 23d inst .

,their “ entire confiden ce

that n o reinforcements wi l l b e sent to Fort Sumter, nor wi l l thepubli c peace be disturbed within the period requi site for fullcommunication between you (myself! and y our (my!Government

,

! and renewed the ir request that I wou ld w i thhold thecommunicati on with which I stood charged

,and await further

in structi ons . This I have done . The furth er instru ction sarrived on the 30th in st .

,and bear date the 26th . I now have

th e honor to make to y ou my first communication as Special

E nvoy from the Government of South C arolina . You wi l l findenclosed the original communication to the President of the

U n ited State s from the Governor of South C arolina, with

wh i ch I was charged i n C harle ston on the 12th d ay of January ,

Page 35: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

32

of the United States,del ivered over to the authori ti es of South

Carol ina,by your command .

I wil l not suppose that a pledge like th i s can be con sideredin sufi

‘icien t security . Is not th e money value of the propertyof the United States - in th is fort

,s i tuated where i t cannot be

made avai lable to the United States for any on e purpose forwhich i t was original ly constructed

,worth more to the Un ited

States than the property itse lf! Why,then

,as p rop erty , in si st

on holding i t by an armed garri son ! Yet such has been theground upon wh ich you have i nvariably placed y our occupancyof thi s fort by troops beginning

,prospective ly

,wi th your

annual Message of the 4th D ecember ; again in your specia lMessage of the 9 th January

,and sti l l more emphatically in

your Message Of the 28th January . The same position i s set

forth in your reply to the Senators,through th e Secretary of

War,ad interim. It i s there virtual ly conceded that Fort Sum

ter “ i s h eld merely as property of th e United States,which

y ou deem it your duty to protect and preserve .

!

Again,i t i s submitted that the continuan ce of an armed pos

sess i on actually j eopards th e property you desire to protect .It i s impossibl e but that such a possession

,if continued long

enough,must lead to col li si on . No people not completely

abj ect and pusi l lan imous,cou ld submit, i ndefin itely, to th e

armed occupation of a fortress i n th e midst of the harbor of

i ts prin cipal c ity,and commanding the ingress and egress of

every sh ip that enters the port ; the dai ly ferry boats that ply

u pon the waters , movi ng but at th e sufferance of ali ens . Anattack upon thi s fort would scarce ly improve it as property ,whatever the result

,and

,if captured

,i t would no longer be the

subj ect of account .

T o protect Fort Sumter, merely as property , i t i s submittedthat an armed occupancy i s n ot only unnecessary, but that iti s manifestly the worst poss ible means which can be resortedto for such an obj ect .Your reply to the Senators

,through Mr . Holt , declares i t to

be y our so le obj ect“ to act stri ctly on the defensive , and to

authorize no movement against South Caroli na un less j ustifiedby a hosti le movement on their part, y et , in reply to the pro

position of the Senators that n o reinforcements shou l d be sentto Fort Sumter

,provi ded South C arolina agrees that during

the same period n o attack should b e made, y ou say !“ It is

Page 36: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

33

impossib le for me (y our Secretary!to give you'

(the Senators!any such assurance ,

! that it would be a manifest violat ion ofhis (your! duty to place himself (yourself!under engagementsthat h e (you!would not perform the duty either for an in d efin ite or a limited period .

In your Message of th e 28th inst .,i n expressing y ourself in

regard to a similar propositi on, y ou say !

“ However strong

may be my desire to enter i nto such an agreement , I am con

vin ced that I do not possess th e power . Congress,and C on

gress alone,under the war - mak ing power

,can exercise the di s

cretion of agreeing to abstain ‘from any and al l acts calculatedto produce a col li si on of arms ! between thi s and other governments . It would

,therefore

,be a usurpat ion for the E xecutive

to attempt to restrain their hands by an agreement i n regardto matters over which he has no Const itutiona l control . I f h e

were thus to act,they might pass laws which he should be

bound to obey,thoug h in con fl ict with hi s agreement .

! 'I h e

proposition , i t i s suggested , was addressed to you under thel aws as they now are

,an d was n ot i ntended to refer to a new

condition of th ings arising u nder new legi sl ation . It was

addressed to the E xecutive di scretion,acting under existing

laws . If Congress Should,under the war -making power

,or

in any other w ay , l egi slate i n a man ner to affec t the peace of

South C arolina , her interests or her rights , i t wou ld not be

accomplished in secret . South C arolina would have t imelynotice

,and she would

,I trust

,endeavor to m eet the emer

gen cy .

It i s added in the letter of Mr . Holt,that “ at the present

momen t i t i s not deemed n ecessary to reinforce Maj or Ander

son,becau se he mak es no such request

,and feel s quite secure

in h is position . Bu t should h i s safety require it,every effort

wil l be made to su pply reinforcements . ! Thi s would seemto ignore the other branch of th e proposit ion made by the Senators

,viz ! that no attack w as to be made on Fort Sumter dur

ing the period suggested,and that Maj or Anderson shoul d en

j oy the faci li ti e s O f communicati on , &c ., &c .

I advert to th is point,however

,for the purpose Of saying

that to send reinforcements to Fort Sumter could not serve a s ameans O f p rotecting and p reserving PROPE RTY , for, as must beknown to your Government

,i t would i nevitably lead to imme

3

Page 37: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

34

diate hostilitie s , i n which property on al l side s would n ecessar ily suffer.

South Carolina has every disposi t i on to preserve the pub li cpeace , and feels , I am sure , i n ful l force , those high , “ Chri st ian and moral duties referred to by your S ecretary

,and i t

i s submitted that on her part there i s scarcely any considera

tion of mere property , apart from honor and safety,which

could i nduce her to do aught to j eopard that peace,sti l l l ess to

inaugurate a protracted and bloody civi l war . She rests herposition on something h igher than mere property . It i s a consideration of her own dignity as a sovereign

,and the safety of

her peop le,which prompts h er to demand that thi s property

should not longer be used as a mi litary post by a Governmentshe no longer acknowledges . She feel s thi s to be an imperat ive duty . It has

,in fact

,become an absolute n ecessity of

her condition .

Repudiating, as you do , the idea of coercion , avowing peaful i ntenti ons and expressing a patriot !s horror for civi l warand bloody strife among those who once were brethren

,i t

i s hoped that on fu rther con sideration y ou w i l l not,on a

more question of property , refu se the reasonable demand of

South Carol ina,which hon or and necessity al ike compel her to

vindicate . Should you disappoint thi s hope,th e responsibi li ty

for th e result surely does n ot rest with her . I f th e evil s of warare to be encountered , especial ly the calamiti es of civi l war , ane levated statesman sh ip would seem to require that it should beaccepted as the unavoidable alternative of something sti l l moredi sastrous

,such as n ational d ishonor or measu res materially

affecting the safety or permanent interests of a people— t h at i tshoul d be a cho ice de liberately made

,an d entered upon as war

,

and of set purpose . Bu t that war should be the incident oraccident

,attendant on a policy professedly peacefu l

,and n ot

requi red to effec t the obj ect wh i ch is avowed as the only endintended

,can only be excused when there has been n o warning

given as to th e con sequences .

I am further in structed to say,that South C arol ina cannot

,

by her si l ence,appear to acquiesce in th e imputation that she

was gui lty of an act of unprovoked aggressi on i n firing on theStar of the West . Though an unarmed vessel

,she was fi l led

with armed men entering her territory again st . her wi ll , with

the purpose of reinforcing a garrison , held , within her limits,

Page 38: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

35

against her protest . She forbears to recriminate by discuss ingthe questi on of the propriety Of attempting such a reinforce

ment at all,as wel l a s of the d i sgui sed and secret manner in

which i t was intended to be effected . And on‘th is occasion sh e

wil l say nothing as to the manner in wh ich Fort Sumter wastaken into the possession of i ts presen t occupants .

The interposition of the Senators who have addressed y ou ,

was a circumstan ce unexpected by my Government . and unsolic ited certainly by me . The Governor

,whi le he appreciate s

the high and gen erous motives by which th ey were prompted .

and whil e he fu l ly approve s the delay which , in deference tothem

,has tak en place in the presentation of thi s deman d

,feels

that i t cannot longer be withheld .

I conclude with an extract from the i nstruction s just receivedby me from the Government of South C arol inaThe letter of th e Presiden t , through Mr . Holt , may be r e

ce ived as the reply to the question you were i nstructed to ask,

as to hi s assertion of h is right to sen d reinforcemen ts to FortSumter . You were instructed to say to h im if he asserted that

right,that the State of South Caroli na regarded such a right

when asserted,or wi th an attemp t at its exerci se

,as a declara

ti on of war .

I f the Pre sident i ntends i t shal l n ot be so understood,i t i s

proper to avoid any misconcepti on hereafter,that he should be

i nformed of the manner in which the Governor wil l feel boundto regard i t .

I f the President,when you have stated th e rea son s which

prompt the Governor i n making the demand for the delivery of

Sumter,shal l refuse to del iver the fort upon the pledge you

have been authorized to make,you wil l communicate that

refu sal wi thout delay to th e Governor . If the Presiden t shal l

n ot be prepared to give you an immediate an swer , y ou wil lcommun i cate to him that hi s answer may be t °

an smitted within

a reasonable time to the Governor at th i s place , (Charleston ,

South Carol ina .!“ The Governor does not con sider i t n ecessary that you (I!

should remain longer i n Washington than i s n ecessary to execute thi s

,th e closing duty of your (my!missi on , in the manner

now indicated to y ou (me .! As soon as the Governor shal lrece ive from y ou i nformation that you have closed your mis

Page 39: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

36

s ion,and the reply

,whatever it may be

,of the President

,h e

w i l l con sider the conduct which may be necessary on h is part .!

Al low m e to reque st that you would,as soon as poss ible

,

i nform me wheth er,under th ese instructions

,I need await your

answer in Washington and if not,I would be pleased to con

vey from you to my Government , information as to the timewhen an answer may be expected in Charleston .

With h igh con sideration ,I am , very respectful ly ,

ISAAC W . HAYNE,

Sp ecial E nvoy .

No . 16.

[LETTER OF MR . HOLT TO M E . HAYN E !

WA R DEPARTMENT,February 6 , 1 861 .

S I R ! The Presi dent of the Uni ted States has rece ived yourletter of the 31 st u lt . , an d has charged me with the duty of

replying thereto .

In the communi cation addressed to the President by Govern or Picken s

,under date of th e 12th of January

,and whi ch

accompanie s yours now before me,hi s E xcel lency says ! “ I

have determined to send to you the Hon . I . W . Hayne,the

Attorney General of the State of South Carolina,an d have

instructed him to demand the surrender of Fort Sumter,i n the

harbor of Charleston,to the con stituted authori ties of the

S tate of South Carolina . The demand I have made of Maj or

Anderson,and which I now mak e of y ou ,

i s suggested becau seof my earnest de sire to avoid the bloodshed which a persist

ence in your attempt to retain th e possession of that Fort wi l lcause

,and which wil l be unavai l ing to secure to you that pos

sessi on,but induce a calamity most deeply to be deplored .

!

The character of the demand thus authorized to be made ,appears under the influence

,I presume

,of the correspondence

with the Senators to which y ou refer , to have been modifiedby subsequent in structi on s of h i s E xcel lency , dated the 26th ,and received by yourse lf on the 30th of

_

Janu ary,in which h e

says ! “ I f i t b e so that Fort Sumter i s held as property,then ,

Page 40: €¦ · C O RRE SPO N D E N C E . N o. 1 . [MAJOR ANDERSON TO THE GOVERNOR ! To 11 58 E xcellency, the Governor of S outh Carolina. SI R T W O of your batteries fired this morning

37

as property,th e rights

,whatever they may be

,of the Un ited

States,can be ascertained

,and for th e sati sfaction of these

rights,the pledge of the State of South C arol ina

,you are

authorized to give .

! The ful l scope and precise purport of

your instructi on s,as thus modified

, y ou h ave expressed i n thefollowing words ! “ I do not come as a military man to demandthe surrender of a fortress

,but as the legal Offi cer of th e State .

i ts Attorney General,to claim for the State the exerci se of

its undoubted right of eminent domai n,an d to pl edge th e State

to make good al l injury to the rights of property wh ich arisefrom the exerci se of the claim .

!

A n d lost thi s expl ici t Ian

guage should not sufficiently define you r posi tion , y ou addThe preposition n ow i s that her (South Carolina

!s! law Officershould

,under authority of the Governor and hi s Coun ci l , dis

t in ctly pledge th e fai th of South Carolina to make such com

pen sat ion ,i n regard to For t Sumter

,and i ts appurtenances an d

contents,to the fu l l extent of th e money value of the property

of the United States,del ivered over to the author i tie s of South

Carol ina by your command .

!

You then adopt h i s E xcel len cy !strain of thought upon the subj ect

,so far as to suggest that the

possession of Fort Sumter by the Uni ted States,if continued

long enough . must lead to col li sion ,! and that an attack u pon

i t would scarce ly improve i t as property,whatever the result

and if captured,i t would no longer b e th e subj ect of account .

The proposal,th en

,n ow presen ted to the Pre siden t

,i s s imply

an offer on the part of South‘

Carol ina to bu y For t Sumter an dcontents

,as property of the United States

,sustain ed by a

declaration , i n effect , that , i f she i s not permitted to mak e th epu rchase , she wil l seiz e the fort by force of arms . As thei ni ti ati on of a negotiation for the tran sfer of pr operty betweenfriendly governmen ts , th i s proposal impresse s the Presiden t ashaving assumed a most unusual form . He has

,however

,inves

t igated the c laim on whi ch i t professes to be based,apart from

th e declaration th at accompan ies i t . And i t may be h ereremarked that much stress has been la id upon th e employmentof the words “ property ! and “ publi c property

,

! by the Pre sident in hi s several messages . These are the most comprehens ive terms wh ich can be used in such a conn ection

,and

,surely

,

when referring to a fort,or any other publ ic establi shment

,

th ey embrace th e entire and undivi ded intere st of the Governmen t therein . The title of the Un ited State s to Fort

'

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S umter i s complete and incontestabl e . Were i ts interest i nth i s property purely proprietary

,in the ordinary acceptation

O f the term,i t might probably be subj ected to th e exerci se of

the right of eminent domain but it has al so poli ti cal re lation sto i t of a much higher and more imposing character than thoseof mere proprietorship . It has absolute j urisdiction over the

fort , and the soi l on which it stands . Thi s j uri sdiction cons i sts in the authority to exercise exclusive legislati on ! overthe property referred to

,and i s

,therefore

,clearly incompatib le

with the c laim of “ eminen t d omain,

! now insi sted upon byS outh Carolina . This authority was not derived from any

questionable revolutionary source , but from the peaceful cess i on of South Carolina herse lf

,acting through her Legislature

,

un der a provision of the Constitu tion of the United States .South Carolina can no more assert the right of eminent domainover Fort S umter than Maryland can assert it over the D i stri cto f Columbia . The pol it ical and proprietary rights Of theUnited States , in either case , rest u pon precisely the sameground .

The Presiden t,however

,i s reli eved from the necessity of

f urther pursuing thi s inqui ry by the fact that,whatever may

be the claim of South Carolina to th is fort,he has no C on stitu

t ion al power to cede or surrender i t . The property Of theUnited States has b een acquired by force of public law , and

c an on ly be di spo sed of under the same solemn sanctions . ThePresident

,as the head Of the E xecutive branch of the Govern

ment only,can no more sel l and tran sfer Fort Sumter to South

C arol ina than he can sel l and convey the C apital of the UnitedStates to Maryland

,or to any other State or individual seeking

to possess i t . His E xcel lency the Governor i s too fami liarwith the C onstitution of th e United States

,and with the l imit

a tion s upon the powers of the Chi ef Magistrate of the Government i t has establi shed

,n ot to appreciate at once the soundn ess

of thi s lega l propositi on .

The question of reinforc in g Fort Sumter i s so fu l ly di sposedOf in my letter to Senator Sli del l and others

,under date of

the 22d of“

Jan uary—a copy of which accompan ies th i s—that

i t s di scussion wi ll not n ow be renewed . I then said ! “ Atthe presen t moment

,i t i s n ot deemed n ecessary to re inforce

M aj or Anderson,because he makes no such request . Should

h i s safety,however

,r equ i re reinforcements , every effort wi l l

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'

40

know that they can n ever receive aught but shelter from its

g uns , unless, in the absence of al l provocation,they should

as sault and seek i ts destruction . The intent w i th which thisfortress i s held by the Presi dent i s truthfu l ly stated by SenatorDavi s and o thers

,i n the ir letter to yourself of the 1 5 th Janu

ary,I n which they say ,

“ i t i s not held with any hostil e or

unfriendly purpose towards your State,but merely as property

o f the United States which the President deems it his duty toprotect and preserve .

If the announcement,so repeatedly made

,of th e President !s

pacific purposes i n c ontinuing the occupati on of Fort Sumterunti l the question Shal l have been settled by competent aut hor ity ,

has fai led to impress the government of Sou th Carol ina

,the forbearing conduct of hi s Admini stration for the last

few months,should be rece ived as conclusive evidence of hi s

s incerity . And if th i s forbearan ce,in vi ew Of the circum

stances which have so severely tried it , be n ot accepted as a

s atisfactory pledge of the peacefu l pol i cy of th is admini stration towards South Carolina

,then it may be safely affirmed

,

that n either language or conduct can possibly furni sh on e . If,

w i th al l the multip li ed proofs which exi st,of the Presiden t !s

anxiety for peace , and of the earnestness with wh i ch he haspursued it

,the authori ti es of that State Shal l assault Fort

Sumter,and peri l the l ives of the handful of brave and loya l

men shut up within its wal ls,and thus plunge our common

c ountry into the horrors of civi l war, then upon them and those

they represent , must rest the responsib i l ity .

Yery respectful ly,

Your obedient servant,

J . HOLT, S ecretary of War .

The Hon . I . W . HAYNE,

A ttorney Genera l of S tate of S outh Carolina .

P . S .- The Presi dent has not

,as you have been informed ,

received a copy of th e letter to yourself from the Sen ators ,communicating that of Mr . Holt of the 22d of January .

J . H .

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N O . 1 7 .

[LET TER OF MR . HAYNE T o MR . HOLT .!

WASHINGTON February 7 , 1861 .

T oHis E xcellency , James Buchanan , President

S I R —Your reply , through your Secretary of th e War D e

par tmen t,to my communicati on of the 31 st of January

,cover

ing the demand of the Governor of South C arolina for thedelivery of Fort Sumter

,was rece ived yesterd ay . Although

the very di stinct and emphatic refusal of that demand clo se smy mission , I fee l con strained to correct some strange misapprehension s into wh ich y our Secretary has fa llen .

There has been no modificati on of the demand authorized

to be made , and no change whatever in i ts character , andof thi s y ou were di stinctly informed in my communication

of the 31 st of January . You have the origina l demand asdelivered to me by Governor Pickens on the 12th of January ,

and you have an extract from the further instructionsrece ived by me

,expressly stating that. he

,the Governor

,

was confirmed!in. the v iews he en tertained on the 12th

of January by tha t very correspondence which you assignas the cause of th e al leg ed modificati on . You assume thatthe chara ct er o f the demand has been modified , yet y ou havefrom me but one communication , an d that asserts the con

trary ,and y ou have n othing from the Govern er but the very

demand i tse lf, which you say has been modified . What purpose of peace or conci liati on your Secretary could have hadin view i n th e

'

in trod u ct ion of thi s poin t at al l,i t i s di fficu lt to

perce ive .

You next attemp t to ridi cule the proposal presented “ as

simply an offer on th e part of Sou th Carol ina to buy FortSumter and contents as property of the United States

,sustained

by a declaration in effect that if she i s n ot permitted to makethe purchase

,she w i l l se ize the fort by force of arms . ! It

i s difficult to con sider thi s as other than inten tional misconstruction . You were told that South C arolina

,as a separate

,

independent sovereign ty,would n ot tolerate the occupation

,

by foreign troops,of a military post within her limits

,but

,that

inasmuch as you,in repeated messages and in y our corres

pon d en ce ,' had “ la id much stress

!u pon the character of your

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duties , ari si ng from considering fort s as property , South C arolina , so far as th is matter of property, - suggested by your self

,

was concern ed , would make compensation for al l inj ury donethe property

,i n the exercise of her sovereign right of eminent

domain . And thi s your Secretary cal ls a pr eposal to purchase !T h e idea of purchase i s entirely inconsi stent with the assert ion

,

of paramount right in the purchaser . I had supposed

that an “ i nterest in property,

!as su ch

,could be n o other than

“ purely proprietary , an d if I confined myself to thi s narrowview of your “ re lations ! to Fort Sumter

, y ou ,at least

,should

not consider i t the subj ect of criti ci sm . Unti l y our letter ofyesterday

, you chose so to con sider your relations , in every

th ing which you have written, or which has been written under

your direction . It was precisely because y ou had yourselfchosen to place your action upon the ground of “ purely propri etary! right that the proposal of compensation was made

,

and you now admit that in thi s view “ i t (Fort Sumter!w ouldprobab ly be subj ected to th e exercise of the right of eminen tdomain .

In your letter of yesterday (through your Secretary! youshift your position . You claim that your Government bears toFort Sumter “ pol it ica l relations of a much higher an d moreimposing character .

! It was no part of my mission to di scussthe “ pol it i cal relations ! of the United States Government to

any thing within the territoria l limits of South C arolina . South

Carolina claims to have dissolved al l poli t ica l connection wi thyour Government

,and to have destroyed all “ political rela

tion s of your Government with everything within her borders .

She i s unquesti onably at thi s moment d e factoa separate andindependent Government

,exercising complete sovereignty over

every foot of her soi l except Fort Sumter . Now,that the in

tenti on i s avowed to hold thi s place as a mili tary post, w i th aclaim of exclusive j uri sdiction on the part of a Governmentfore ign to South C arolina

,i t wi l l be for the authorities to deter

mine what i s the course proper to be pursued . It i s vain to

ignore the fact that South Carolina i s,to yours

,a foreign Gov

ernmen t,and how with thi s patent fact before you

, y ou canconsider the continued occupation of a fort in her harbor apacific measure , and parcel of a peaceful policy , passes certainly

You!

say t hat the fort'

Was“garri soned

for"ou r prot ectionyand

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i s held for the same pur poses for which i t has been ever held,

s ince its con struct ion . Are y ou not aware, that to hold , in theterritory of a foreign power, a fortress again st her wil l , avowed ly for the purpose of protecting her c itizen s , i s , perhaps, the

highest i nsult which on e government can offer to another !Bu t Fort Sumter was never garrisoned at a ll unti l S outh Carol ina had dissolved her connection with your Government . Thisgarri son entered i t in the night

,with every circumstance of

secrecy,after spiking the gun s , and burning the gun carriages ,

and cutting down the flag - staff of an adj acent fort,which was

then abandoned . South Carolina had not taken Fort Sumterinto her own possession , only, because of her misp laced confi

dence in a Government which deceived her . A fortress occupied under the circumstance s above stated

,i s considered by

y ou , n ot only as no cause of i rritation , but you represent i t asheld for ou r protection 1

Your E xcellency !s Secretary has indulged in irony on a very

grave subj ect .

As to the responsib i l i ty for consequences,if,indeed

,i t does

rest on us,I can assure your E xcel len cy we are happ i ly u n con

sc ious of the fact .

I return to Charleston to - morrow .

With consideration s of high regard,

I am,very respectful ly

,

I . W . HAYNE , Sp ecia l E nvoy .

The above was returned with the fo llow ing endorsement inth e handwriting of the President

The character of thi s l etter i s such that i t cannot be r e

ce ived ; C olonel Hayne having left the city before i t was sentto the President

,i t i s returned to him by the first mai l .

8th February , 1 861 .