to my notice until the 21st instant. It is as follows:

"Memorandum of verbal instructions to Major Anderson, First Artillery, commanding Fort Moultrie, South Carolina. "You are aware of the great anxiety of the Secretary of War that a collision of the troops with the people of this State shall be avoided, and of his studied determination to pursue a course with reference to the force and forts in this harbor which shall guard against such a collision. He has therefore carefully abstained from increasing the force at this point, or taking any measure which might add to the present excited state of the public mind, or which would throw any doubt on the confidence he feels that South Carolina will not attempt by violence to obtain possession of the public works, or interfere with their occupancy.

"But, as the counsel and acts of rash and impulsive persons may possibly disappoint these expectations of the Government, he deems it proper that you should be prepared with instructions to meet so unhappy a contingency. He has, therefore, directed me verbally to give you such instructions. You are carefully to avoid every act which would needlessly tend to provoke aggression, and for that reason you are not, without necessity, to take up any position which could be construed into the assumption of a hostile attitude; but you are to hold possession of the forts in this harbor, and, if attacked, you are to defend yourself to the last extremity. The smallness of your force will not permit you, perhaps, to occupy more than one of the three forts; but an attack on or attempt to take possession of either of them will be regarded as an act of hostility, and you may then put your command into either of them which you may deem most proper to increase its power of resistance. You are also authorized to take similar steps whenever you have tangible evidence of a design to proceed to D. P. BUTLER,

a hostile act.

"Assistant Adjutant-General. "Fort Moultrie, (S. C.) Dec. 11th, 1860. "This is in conformity to my instructions to Major Buell.

"JOHN B. FLOYD, Secretary of War." These were the last instructions transmitted to Major Anderson before his removal to Fort Sumter, with a single exception, in regard to a particular which does not in any degree affect the present question. Under these circumstances it is clear that Major Anderson acted upon his own responsibility, and without authority,-unless, indeed, he "had tangible evidence of a design to proceed to a hostile act" on the part of the authorities of South Carolina, which has not yet been alleged. Still he is a brave and honorable officer, and justice requires that he should not be condemned without a fair hearing.

Be this as it may, when I learned that Major Anderson had left Fort Moultrie and proceeded to Fort Sumter, my first promptings were to command him to return to his former position, and there to await the contingencies presented in his instructions. This could only have been done with any degree of safety to the command by the concurrence of the South Carolina authori ties. But before any step could possibly have been taken in this direction, we re ceived information that the "Palmetto flag floated out to the breeze at Castle Pinckney, and a large military force went over last night (the 27th) to Fort Moultrie." Thus the authorities of South Carolina, without waiting or asking for any explanations, and doubtless believing, as you have expressed it, that the officer had acted not only without but against my orders, on the very next day after the night when the removal was made, seized, by a military force, two of the three Federal forts in the harbor of Charleston, and have covered them under their own flag instead of that of the United States.

At this gloomy period of our history, startling events succeed each other rapidly. On the very day, the 27th instant, that possession of these two forts was taken, the Palmetto flag was raised over the Federal custom-house and post-office in Charleston; and on the same day every officer of the customs-Collector, Naval Officer, Surveyor and Appraiser-resigned their offices. And this, although it was well-known from the language of my message that as an executive officer I felt myself bound to collect the revenue at the port of Charleston under the existing laws. In the harbor of Charleston we now find three forts confronting each other, over all of which the Federal flag floated four days ago; but now, over two of them this flag has been supplanted, and the Palmetto flag has been substituted in its stead.

It is under these circumstances that I am

urged immediately to withdraw the troops from the harbor of Charleston, and I am informed that without this negotiation is impossible. This I cannot do; this I will not do. Such an idea was never thought of by me in any possible contingency. No such allusion had been made in any communication between myself and any human being.

But the inference is that I am bound to withdraw the troops from the only fort remaining in the possession of the United States in the harbor of Charleston, because the officer there in command of all the forts thought proper, without instructions, to change his position from one of them to another.

At this point of writing, I have received information by telegraph from Capt. Humphreys, in command of the arsenal at Charleston, that "it has to-day (Sunday, the 30th) been taken by force of arms." It

With great personal regard, I remain yours, very respectfully,

JAMES BUCHANAN. To Honorable Robert W. Barnwell, James H. Adams, James L. Orr. January 1st, 1861. The "Commissioners" replied at length, alleging, with reference to the President's declaration, that he could not withdraw the troops from Charleston harbor, that he had in conversation left a different impression upon their minds and the minds of others who had approached him on that subject, and generally reflecting upon the motives of the President. This paper, Mr. BuсHANAN “declined to receive." In the State Convention of South Carolina, December 19th, 1860, upon a proposition of Mr. MAGRATH to appoint a committee to consider the relations of the State to the forts, Mr. W. PORCHER MILES alluded to the inter

view between the President and the South Carolina representatives in Congress relative to the forts, and "expressed his solemn opinion that the President was not going to attempt to reinforce those forts." Subsequently Mr. MILES and Mr. KEITT made to the Convention a written statement sustain-ing the offensive allegations of the Commissioners as to the President's good faith to them. These papers are too long for insertion, and have but limited importance.

Further demand of South Carolina for Fort Sumter.

January 11th, 1861. F. W. Pickens, Governor of South Carolina, demanded of Major Anderson the surrender of Fort Sumter to the

authorities of the State of South Carolina, to prevent a "waste of life." Same day Major Anderson replied, announcing his refusal, but suggesting that if at any time prior to a resort, to arms, the Governor should deem fit to "refer this matter to Washington," he could with much pleasure depute one of his officers to accompany the Governor's messenger. Same day, Governor Pickens deputed Hon. Isaac W. Hayne, Attorney-General of the State, to proceed to Washington, end demand from the President the delivery of Fort Sumter to the constituted anthorities of South Carolina, adding:

"The demand I have made of Major Anderson, end which I now make of you, is suggested because of my earnest desire to avoid the bloodshed which a persistence in

66

In relation to the public property of the United States within Fort Sumter the Hon. I. W. HAYNE, who will hand you this communication, is authorized to give you the pledge of the State that the valuation of such property will be accounted for by this State, upon the adjustment of its relations with the United States, of which it was a part. "F. W. PICKENS.

"To the President of the United States." Upon Colonel Hayne's arrival, ten U. S. Senators "from States which have already seceded from the United States, or will have done so before the first of February next," requested that he should not present his demand until these States should have formed a Confederacy. Meanwhile, they offered to propose to the President, that Fort Sumter should not be reinforced in the meantime. To this Colonel Hayne consented, and the Senators proposed this arrangement, which the President declined through Hon. JOSEPH HOLT, Secretary of War, as follows:

War Department, January 22d, 1861. To the Honorable Benjamin Fitzpatrick, S. R. Mallory and John Slidell.

GENTLEMEN: The President has received your communication of the 19th instant, with the copy of a correspondence between yourselves and others, "representing States which have already seceded from the United States, or will have done so before the first of February next," and Colonel Isaac W. Hayne, of South Carolina, in behalf of the Government of that State, in relation to Fort Sumter; and you ask the President "to take into consideration the subject of that correspondence." With this request he has complied, and has directed me to communicate his answer.

instant, you propose to him to defer the deIn your letter to Col. Hayne of the 15th livery of a message from the Governor of South Carolina to the President, with which he has been entrusted for a few days, or until the President and Col. Hayne shall have considered the suggestions which you submit. It is unnecessary to refer specially to these suggestions, because the letter addressed to you by Col. Hayne, of the 17th instant, presents a clear and specific answer to them. In this he says: "I am not clothed with power to make the arrangement you suggest; but provided you can

a satisfactory pledge of the peaceful policy of this Administration towards South Carolina, then it may be safely affirmed that neither language nor conduct can possibly furnish one. If, with all the multiplied proofs which exist of the President's anxiety for peace, and of the earnestness with which he has pursued it, the authorities of that State shall assault Fort Sumter, and peril the lives of the handful of brave and loyal men shut up within its walls, and thus plunge our common country into the horrors of civil war, then upon them and those they represent, must rest the responsibility."

"Commissioner from Alabama.”

February 1st, 1861. Hon. C. C. CLAY, Jr., Senator from Alabama, addressed the President, informing him that Hon. THOMAS J. JUDGE of Alabama had arrived, "duly commissioned to negotiate with the Government of the United States in reference to the

forts, arsenals and custom-houses in that State, and the debt of the United States," and desiring when he might have an audience "to present his credentials and enter upon the proposed negotiations."

2d. The PRESIDENT replied, stating that he would be happy to receive Mr. JUDGE as a "distinguished citizen of Alabama," and that, in his judgment, he had no power to recognize him in the character ascribed to him. Mr. CLAY, under date of February 5th, volunteered to give the President his views of men and things, in an excited epistle, which scarcely deserves preservation, either for intrinsic merit of style

or thought for historical value.

they differ as to whether the arms so sold had been found, "upon proper inspection, to be unsuitable for the public service."

Whilst the Committee do not deem it important to decide this question, they say, that in their judgment it would require a very liberal construction of the law to bring these sales within its provisions.

It also appears that on the 21st day of November last, Mr. Belknap made applica tion to the Secretary of War for the purchase of from one to two hundred and fifty thousand United States muskets, flint-locks and altered to percussion, at $2.15 each; but the Secretary alleges that the acceptance was made under a misapprehension of the price bid, he supposing it was $2.50 each, instead

of $2.15.

Mr. Belknap denies all knowledge of any mistake or misapprehension, and insists upon the performance of his contract.

The present Secretary refuses to recognize the contract, and the muskets have not been delivered to Mr. Belknap.

Mr. Belknap testifies that the muskets were intended for the Sardinian government. It will appear by the papers herewith submitted, that on the 29th of December, 1859, the Secretary of War ordered the transfer kets altered to percussion, and 10,000 perof 65,000 percussion muskets, 40,000 muscussion rifles, from the Springfield Armory and the Watertown and Watervliet Arsenals, to the Arsenals at Fayetteville, N. C., non, Ala., and Baton Rouge, La., and that Charleston, S. C., Augusta, Ga., Mount Verthese arms spring of 1860 as follows: were distributed during the

1859-60.

REPORT (Abstract of) made by Mr. B. Stanton, from the Committee on Military Affairs, in House of Representatives, Feb. 18th, 1861: The Committee on Military Affairs, to whom was referred the resolution of the House of Representatives of 31st of December last, instructing said committee to inquire and report to the House, how, to whom, and at what price, the public arms distributed since the 1st day of January, A. D. 1860, have been disposed of; and also into the condition of the forts, arsenals, dockyards, etc., etc., submit the following report: That it appears from the papers herewith submitted; that Mr. Floyd, the late Secretary of War, by the authority or under color of the law of March 3d, 1825, authorizing the Secretary of War to sell any arms, ammunition, or other military stores which should be found unsuitable for the public service, sold to sundry persons and States 31,610 flint-lock muskets, altered to percussion, at $2.50 each, between the 1st day of January, A. D. 1860, and the 1st day of January, A. D. 1861. It will be seen from the testimony of Colonel Craig and Captain Maynadier, that

To North Carolina Arsenal,
To Augusta Arsenal,
To Mount Vernon Arsenal,
To Baton Rouge Arsenal,

All of these arms, except those sent to the North Carolina Arsenal,* have been seized by the authorities of the several States of South Carolina, Alabama, Louisiana and Georgia, and are no longer in possession of the United States.

It will appear by the testimony herewith presented, that on the 20th of October last the Secretary of War ordered forty columbiads and four thirty-two pounders to be sent from the Arsenal at Pittsburg to the fort on Ship Island, on the coast of Mississippi, then in an unfinished condition, and seventy columbiads and seven thirty-two pounders to be sent from the same Arsenal to the fort at Galveston, in Texas, the building of which had scarcely heen commenced.

This order was given by the Secretary of War, without any report from the Engineer department showing that said works were

*These were afterwards seized