stitution of the United States-passed Ordinances resuming the Sovereign Powers therein delegated. These were the Secession Ordinances, which we may hereafter have occasion to look into. These Conventions also appointed Delegates, to meet in Montgomery, Alabama, on the 4th of February, 1861, with a view to form a new Confederation among themselves, upon the same essential basis of the Constitution of the United States.

It was not in opposition to the principles of that Government that they withdrew from it. They quit the Union to save the principles of the Constitution, and to perpetuate, on this Continent, the liberties which it was intended to secure and establish. Mr. Buchanan was then President of the United States. He held that the Federal Government had no power to coërce a Seceding State to remain in the Union, but, strangely enough, at the same time held, that no State could rightfully withdraw from the Union. Mr. Lincoln came into power on the 4th of March, 1861. He held that the Federal Government did possess the Constitutional Power to maintain the Union of States by force, and it was in the maintenance of these views, the war was inaugurated by him.

JUDGE BYNUM. Do you mean to say, Mr. Stephens, that the war was inaugurated by Mr. Lincoln?

MR. STEPHENS. Most assuredly I do.

JUDGE BYNUM. Why, how in the world, can you do that in the face of the well-known facts of the case? Did not General Beauregard in command of the Confederate forces, so-called, at Charleston, South Carolina, fire upon Fort Sumter in that Harbor? Did he not compel Major Anderson, the United States officer in command of that Fort, to capitulate and surrender? Was it not this outrage upon the American flag that caused such deep and universal excitement and indig

nation throughout the entire North? Was it not this that caused the great meetings in New York, Boston and every Northern city? Can you maintain in the face of these notorious facts, that the war was begun by Mr. Lincoln, or the Federal authorities? You rely mainly upon facts, as you say. Your whole argument professes to be based upon the facts of history. If there is any great fact that must go down to posterity forever, it is the fact that the Insurgents, or Confederates, if you please, begun this war. This is a fact, which, as you have said of other matters, "can never be erased or obliterated."

MR. STEPHENS. Not quite so fast, Judge. My whole argument is based upon facts, and upon facts that can never be erased or obliterated. It is a fact that the first gun was fired by the Confederates. It is a fact that General Beauregard did, on the 12th of April, 1861, bombard Fort Sumter, before any blow had actually been struck by the Federal authorities. That is not disputed at all. That is a fact which I have no disposition to erase or obliterate in any way. That is a great truth which will live forever. But did the firing of the first gun, or the reduction of Fort Sumter inaugurate or begin the war? That is a question to be first solved, before we can be agreed upon the fact as to who inaugurated the war; and in solving this question, you must allow me to say that in personal or national conflicts, it is not he who strikes the first blow, or fires the first gun that inaugurates or begins the conflict. Hallam has well said that "the aggressor in a war (that is, he who begins it,) is not the first who uses force, but the first who renders force necessary.

Which side, according to this high authority, (that

* Hallam's Constitutional History of England, vol. ii, p. 219.

only announces the common sentiments of mankind,) was the aggressor in this instance? Which side was it that provoked and rendered the first blow necessary ? The true answer to that question will settle the fact as to which side began the war.

I maintain that it was inaugurated and begun, though no blow had been struck, when the hostile fleet, styled the "Relief Squadron," with eleven ships, carrying two hundred and eighty-five guns and two thousand four hundred men, was sent out from New York and Norfolk, with orders from the authorities at Washington, to reenforce Fort Sumter peaceably, if permitted-"but forcibly if they must."

The war was then and there inaugurated and begun by the authorities at Washington. General Beauregard did not open fire upon Fort Sumter until this fleet was, to his knowledge, very near the harbor of Charleston, and until he had inquired of Major Anderson, in command of the Fort, whether he would engage to take no part in the expected blow, then coming down upon him from the approaching fleet. Francis W. Pickens, Governor of South Carolina, and General Beauregard, had both been notified that the fleet was coming, and of its objects, by a messenger from the authorities at Washington. This notice, however, was not given until it was near its destination. When Major Anderson, therefore, would make no such promise, it became necessary for General Beauregard to strike the first blow, as he did; otherwise the forces under his command might have been exposed to two fires at the same time-one in front, and the other in the rear.

To understand this fully, let us see how matters stood in Charleston Harbor at the time.

The Confederate States, then seven in number, had, as

stated, all passed Ordinances of Secession. All of them, in regularly constituted Conventions, had withdrawn all their Sovereign powers previously delegated to the United States. They had formed a new Confederation, with a regularly constituted Government, at Montgomery, Alabama, as they had a perfect right to do, if our past conclusions were correct, and these you have not been able to assail. This new Confederation had sent a commission to the authorities at Washington, as we shall see, to settle all matters amicably and peacefully. War was by no means the wish or desire of the authorities at Montgomery. Very few of the public men in the Seceding States even expected war. All of them, it is true, held themselves in readiness for it, if it should be forced upon them against their wishes and most earnest protestations.

This is abundantly and conclusively apparent from the speeches and addresses of their leading public men at the time. It is apparent from the resolutions of the State Legislatures, and the State Conventions, before, and in their acts of Secession. It is apparent and manifest from their acts in their new Confederation at Montgomery. It is apparent from the inaugural address of President Davis. It is apparent from the appointment of commissioners to settle all matters involved in the separation from their former Confederates honorably, peaceably, amicably, and justly. It is apparent and manifest from every act that truly indicates the objects and motives of men, or from which their real aims can be justly arrived at. Peace not only with the States from which they had separated, but peace with all the world, was the strong desire of the Confederate States.

It was under these circumstances, that the Confederate ! commissioners were given to understand, that Fort Sumter would be peacefully evacuated. An assurance

to this effect was given, though in an informal manner, by Mr. Seward, the Secretary of State under Mr. Lincoln. This pledge was most strangely violated by sending the armed squadron, as stated, to re-enforce and provision the Fort. The information that this fleet had put to sea with such orders, reached General Beauregard, when it was already near the offing, as I have stated. He immediately communicated the fact, by telegraph, to the authorities at Montgomery. In reply, he received this order from the Secretary of War of the Confederate States Government:

"If you have no doubt of the authorized character of the agent who communicated to you the intention of the Washington Government to supply Fort Sumter by force, you will at once demand its evacuation; and if this is refused, proceed in such manner as you may determine, to reduce it."

Accordingly, on the 11th of April, General Beauregard made a demand on Major Anderson, in command of the Fort, for its evacuation.

In reply Major Anderson stated:

"I have the honor to acknowledge the receipt of your communication demanding the evacuation of this Fort, and to say in reply thereto, that it is a demand with which I regret that my sense of honor and my obligation to my Government prevent my compliance."

To this he added, verbally, to the messenger: "I will await the first shot, and, if you do not batter us to pieces, we will be starved out in a few days."

This written reply, as well as the verbal remark, were forthwith sent by General Beauregard to the Secretary of War at Montgomery, who immediately returned the following response:

"Do not desire needlessly to bombard Fort Sumter.