IMPORTANT

CHAPTER XXXVIII.

REPORTS OF THE SELECT (HOUSE) COMMITTEE OF FIVE. REPORT ON THE PRESIDENT'S CORRESPONDENCE WITH THE SOUTH CAROLINA COMMISSIONERS. THE MINORITY REPORT, (DISSENTING.) REPORT ON THE SECESSION REVOLUTION, AND THE DUTY OF THE GOVERNMENT.

The Majority Report.

"Accompanying the message of the President referred to this Committee, is a copy of certain correspondence had between the President and claiming to be Commissioners on the part of South Messrs. R. W. Barnwell, J. H. Adams, and J. L. Orr,

THE Special Committee of Five on the caution, which the future would approve. President's Message of February 8th-con- We give place to these documents-forming, sisting of Messrs. Howard, (Rep..) of Michi- | as they do, historical ranges, by which to gan, Dawes, (Rep.,) of Massachusetts, Rey- direct the student of events into correct and nolds, (Rep.,) of New York, Cochrane, (Dem.,) acknowledged channels. of New York, and Branch, (Dem.,) of North Carolina-reported, from time to time, on the subjects committed to their discretional investigation. Their report on the condition of the Navy has been given [see p. 440, et sequitur.] February 27th, the Committee submitted a majority report, covering the entire question of the President's correspondence with the South Carolina Commissioners, and the complicity with treason chargeable to certain members of the Cabinet. The report is an important document, giving the version to acts of an Executive character which was sustained by a vast majority of the people, as well as by the force of facts, whose authen-as to all other measures and arrangements proper to ticity will bear but one statement. The Mi- be made and adopted in the existing relations of the nority Report, made by Mr. Cochrane-hay- parties, and for the continuance of peace and amity between the Commonwealth (of South Carolina) and ing also the concurrence of Mr. Branch- the Government at Washington. defended the Executive from censure, and pronounced his course one of wisdom and

Carolina, authorized and empowered to treat with the Government of the United States for the delivery of the forts, magazines, light-houses, and other real estate, with their appurtenances, within the limits of South Carolina, and also for the apportionment of the public debt, and a division of all other property held by the Government of the United States as agent

of the Confederated States, of which South Carolina was recently a member; and generally to negotiate

"A further message of the President, under date of February 8th, 1861, and referred to the Committee,

communicates a copy of certain The Majority Report. correspondence, growing out of another special mission from the State of South Carolina to the President of the United States, having for its object a demand upon the Government of the United States for the delivery of Fort Sumter, in the harbor of Charleston, to the constituted authorities of the State of South Carolina.

"The correspondence above referred to is submitted bythe President without comment, or any sugges tion as to the propriety or necessity of any action by Congress in respect to it, or to the various subjects to which it refers. If important to be submitted to Congress at all, it seems certainly to be of a character demanding grave consideration; and the fact that it has been placed before us by the President implies that, in his opinion, at least, it involved considerations which might properly engage the attention of the legislative branch of the Government, in connection with the various other matters forced upon it by the necessities of the times. The Committee has, therefore, thought it expedient and proper to direct attention to these special embassies, their object, the action of the President thereon, and, incidentally, to the character of the correspondence.

The Majority Report

made the subject of a formal
and elaborate reply. Consider-
ing the position assumed by the
President in his Annual Message, in respect to the
right of a State to withdraw from the Union, and the
total absence of power on the part of the Executive
to recognize the validity of any such attempt, the
Committee cannot but regard the mission itself, as
well as the manner in which it has been treated by
the President, as among the most remarkable events
of the extraordinary times in which we live. In his
Annual Message, communicated to Congress at the
beginning of the present session, the position is
most distinctly affirmed by the President, that no
State has the constitutional right to withdraw from
the Union, and that there is no power in the Execu-
tive Department of the Government, to give the
slightest countenance or encouragement to any such
attempt. In this opinion we fully concur, and believing
it to be the true theory of the Constitution, we have
been unable to perceive upon what principle the
President, representing the dignity of the Govern
ment of the United States, has assumed to enter.
tain or hold any official communication of the
character disclosed with the representatives of
the State of South Carolina. For it seems to us
obvious enough, that upon the principles enunci-
ated in the Annual Message, the gentlemen compos-

disloyal State, could be regarded in no other light than as engaged in a revolutionary effort to subvert the Government of the United States; and, being so regarded, it would appear to have been the plain duty of the Executive to enforce the laws against any individuals, however eminent and respectable, known or suspected of complicity in any movement of a treasonable character. We are not able to imagine any circumstances under which the Presi dent of the United States would be justified in entertaining diplomatic intercourse with the State of South Carolina, in her present attitude to the General Government, except upon the assumption that by the action of her authorities she had succeeded in acquiring the position of an independent power, owing no duty whatever to the Government of the United States.

"The first communication to the President, by Messrs. Barnwell, Adams, and Orr, under date of December 28th, 1860, communicates an official copying this Commission, acting under the sanction of a of an Ordinance of Secession, adopted by the State of South Carolina, on the 20th of the same month, by virtue of which that State assumes to have withdrawn from the Federal Union, and taken the position of an entirely independent nation. That such an attitude was assumed by South Carolina, in attempting negotiations with the Government of the United States, is not only obvious from the history of current events, but it was most distinctly asserted by her Commissioners,' in their communication to the President. The movement of Major Anderson from Fort Moultrie to Fort Sumter, after their arrival in Washington, seems to have been regarded as an obstacle, on their part, to the opening of any discussion touching the object of their mission, until the circumstances attending that movement should be explained in a manner which would relieve them of all doubt as to the spirit in which the contemplated negotiations should be conducted. They, however, urge upon the President the immediate withdrawal of the troops of the United States from the harbor of Charleston, upon the allegation that they are a standing menace, which rendered negotiations impossible, and which, as they express it, 'threaten speedily to bring to a bloody issue questions which ought to be settled with temperance and judgment.' This communication was received by the President, and

"As before stated, it is claimed by her, and in her behalf, that she now occupies such a position, and her agents are sent hither upon that assumption, charged with most extraordinary and insolent demands upon the President. The reception, by the President, of such a communication under such cir cumstances, and awarding the dignity of an official reply, involves, to some extent, the recognition of the assumed position of the rebellious State, and impliedly admits that the individuals engaged in the

THE MAJORITY REPORT.

481

The Majority Report.

revolutionary movements against | course in respect to the abanThe Majority Report. the Federal Government have donment of its own forts, arsenals, and other public buildings upon threats of forcible expulsion, if the demands upon it are not at once acceded to, we may well pause and consider to what depths of degradation and humiliation the American Government is approaching, if the lowest depth has not already been reached.

acquired a political position which entitles them to some other consideration than is most commonly due to those who invite a collision with established authority. It is this attitude of the President that the Committee particularly desire to express dissent from, and to affirm most emphatically the doctrine that so long as the Federal Government exists, its Constitution and laws operate with full vigor upon the people of every State, and that no action of State authority of less degree than successful revolution can justify any department of the Government in treating any persons engaged in the effort to throw off all Federal obligations other than rebels and traitors, and entitled to be dealt with as such.

"The Committee do not propose to discuss here whether it is wise or politic at the present time to employ the whole power of the Government under all circumstances and at all hazards to punish offenders against its laws. In times of extensive civil commotion and discontent, prudence may dictate great caution and forbearance in the exercise of acknowledged powers; and when whole communities assume the attitude of revolution against established Government, for real or imaginary wrongs, it may be wise to listen to their complaints with attention, and not, by any unnecessary rigor against palpable violations of law, provoke passions already unduly and unreasonably excited. But when growing discontent assumes the position of actual hostility; when, instead of seeking redress under existing

boldly avowed by overturning the Government to which their allegiance is due, we cannot see the wisdom of a policy which permits treason to perform its work without hindrance of molestationabove all we cannot sanction a policy in the Executive Department of this Government which professes a purpose of executing its laws and protecting its property from unlawful violence, and yet remains inactive when revolution is actually impending, and entertains friendly intercourse with embassies instigated by and growing out of the highest type of treason to the Federal Constitution.

"Even if, from any considerations growing out of the structure of our Government, or the dangerous tendency of the secession movement in several States of the Union, the anxiety to prevent the shedding of blood, and of avoiding the evils of civil war, great forbearance in the actual enforcement of the laws against political offenders may be pardoned, and perhaps justified, we are not prepared to give our assent to any action of the Executive Depart-forms, resort is had to force, and the purpose is ment, which, in express terms, or by necessary implication, may seem to place the responsible actors and abettors of secession in any State of the Union in any other aspect than that of traitors to the Constitution of the United States. It is believed that the assertion and maintenance of this position is essential to the existence of the Federal Government, and without which it neither can have nor deserve obedience at home or respect abroad. It may, perhaps, for a time, be tolerated that offenders against the laws may be permitted to go unwhipt of justice.' The forcible seizure of public property by rebellious citizens may temporarily be allowed to pass unpunished, for reasons which may appear satisfactory to those charged with executive duty; but this condition of things cannot be of long continuance. Either the Government must vindicate its power, or it will itself become powerless. If any portion of the people of the Republic may at their pleasure repudiate all Federal authority, defy and disorganize the Government, seize its property, and insult its flag, without incurring the hazard of punishment for treason, either by civil or military authority, we may well admit that there is no Government of the United States worthy of preservation. And if, after the people of the State, without adequate cause, have announced their purpose of repudiating all allegiance to the Federal Union, they are without question to be entertained by the Government of the United States, in diplomatic inter

"The President acknowledges the obligation of his oath to protect and defend the Constitution and enforce the laws made in obedience to its requirements, denies the right of secession, and yet in the correspondence before us we have the evidence that with full knowledge that the authority of the Government has been set at defiance, its dignity insulted, and its flag dishonored, he yet negotiates with treason and commits the Government to a partial recognition of the revolutionary movement for its destruction. If for any considerations of policy he may be justified in suspending the exercise of its powers, we know of no reason that can justify a course of action which ignores the theory upon which the whole foundation of the Government rests. If the fact that the Government has the power to protect itself from domestic violence may not prudently be acted upon under any apprehen

sion that any exercise of auThe Majority Report. thority may irritate and exasperate those already in open rebellion, it would be some consolation to such of the citizens of the United States as are still loyal to the Constitution to feel assured that the desire to shield traitors from the consequences of their acts may not result in the utter demoralization of all Federal authority and dignity.

The Majority Report.

Government-provided, that no
reinforcements shall be sent to
these forts, and their relative
military status shall remain as at present.
"At the time this paper was presented the Presi
dent objected to the word provided,' as it might, as
he expressed it, be construed into an agreement on
his part which he never would make.' It was, he
thinks, obvious there could be no such agreement
made, and he says it was regarded in effect as the.
promise of highly honorable gentlemen to exert
their influence for the purpose expressed. The pur-
pose of the President was well known not to re-
inforce the forts in Charleston harbor until they had
been actually attacked, or until he had certain evi-
dence that they were about to be attacked; and we
are informed by his communication before us, that
in respect to these forts he acted in the same man-
ner that he would have done if he had entered into
a formal agreement with parties capable of con-
tracting. It does not, therefore, appear to be ma-
terial whether, in a strict technical sense, there was
or was not an agreement to the' effect indicated in
the paper lodged with him by the Representatives
in Congress from the State of South Carolina. It is
perfectly clear that at that time it was regarded as
certain South Carolina would attempt to secede
from the Union, and intended to obtain possession
of these forts, either by force or negotiation. With
a knowledge of these purposes, the President de-
termined to send the officer in command no reiu-
forcements, and he has acted in this respect in the
same manner as he would have done if he had made
a formal agreement to that effect.

"If we recur to the contents of the correspondence to which we have referred, there is but little to commend it to favorable consideration. The communication by the Commissioners' of South Carolina to the President conveys, in the most unqualified terms, an imputation of bad faith upon the President, and of necessity upon the Government of the United States, on account of the occupation of Fort Sumter by Major Anderson and his command. It is clearly intimated that some agreement previously made by the President respecting the occupation of the forts in the harbor of Charleston had been violated. From this charge the President has undertaken to defend himself, and to furnish excuses.for the action of the Government in respect to the occupation of its own fortresses and the disposition of its own troops. The fact that the State of South Carolina intended to rebel against the Government of the United States was well understood long before her ordinance of secession was actually adopted. The probable consequences such action, it was also well known, would be an attempt, on the part of the State, to take possession of all the forts, arsenals, magazines, and other public property within her limits. Under such circumstances, nothing would seem to be clearer than the duty of the President to "In this disclosure the Committee is not able to provide in due time an adequate force for the pro- resist the inference that, in the beginning of the tection of all the public property in danger of as-revolutionary movement against the Government sault. Instead, however, of taking such a course, of the United States, there were relations of an exthe President seems to have been in communication tremely friendly character between those who conwith those engaged in rebellion, and a sort of under-templated rebellion, and those whose duty it was to standing appears to have been had early in De-suppress it. We cannot but regard it as a most excember, that no action should be taken by the Government of the United States to reinforce the command charged with the defence of the forts in the harbor of Charleston.

"On the 9th of December, 1860, the Representatives in Congress from the State of South Carolina furnished the President with a written statement under their signatures, expressing their strong conviction that the forts in the harbor of Charleston would not be attacked or molested previously to the action of the Convention of that State, then about to assemble, and they hoped and believed not until an offer had been made, through an accredited representative, to negotiate for an amicable arrangement of all matters between the State and the Federal

traordinary fact that parties notoriously contemplating the disruption of the Government, should beforehand stipulate with its executive authority in respect to the most convenient and least dangerous mode for making the rebellion successful. While the President has avowed his determination to exe cute the laws, he does not seem to have regarded treason to the Constitution of the United States contemplated and existing ás among the crimes condemned by the laws of the land and deserving punishment.

"That crime, the highest known to the laws of the world, appears in our history to have assumed a milder form, to be treated with marked tenderness by the authorities of the Government against which