Page images
PDF
EPUB
[blocks in formation]
[blocks in formation]

"WASHINGTON, Dec. 28th, 1860.

"SIR :-We have the honor to transmit to you a copy of the full powers from the Convention of the people of South Carolina, under which we are 'authorized and empowered to treat with the Government of the United States for the delivery of the forts, magazines, lighthouses, and other real estate, with their appurtenances, within the limits of South Carolina, and also for an apportionment of the public debt, and for a division of all the 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 as to all other measures and arrangements proper to be made and adopted in the existing relation of the parties, and for the continuance of peace and amity between this Commonwealth and the Government at Washington.'

"In the execution of this trust, it is our duty to furnish you, as we now do, with an official copy of the Ordinance of Secession, by which the State of South Carolina has resumed the powers she delegated to the Government of the United States, and has declared her perfect sovereignty and independence.

"It would also have been our duty to have informed you that we were ready to negotiate with you upon all such questions as are necessarily raised by the adoption of this ordinance, and that we were prepared to enter upon this negotiation with the earnest desire to avoid all unnecessary and hostile collision, and so to inaugurate our new relations as to secure mutual respect, general advantage, and a future of good will and harmony, beneficial to all the parties concerned.

"But the events of the past twenty-four hours render such an assurance impossible. We came

here the representatives of an authority which could at any time within the past sixty days have taken possession of the forts in Charleston harbor, but, upon pledges given in a manner that we cannot doubt, determined to trust to your honor rather than to its own power. Since our arrival, an officer of the United States, acting, as we are assured, not only without, but against your orders, has disman tled one fort, and occupied another, thus altering to a most important extent the condition of affairs under which we came.

"Until these circumstances are explained in a manner which relieves us of all doubt as to the

spirit in which these negotiations shall be conducted, we are forced to suspend all discussion as to any arrangements by which our mutual interests might be amicably adjusted.

"And, in conclusion, we would urge upon you the immediate withdrawal of the troops from the harbor of Charleston. Under present circumstances, they are a standing menace, which renders negotiation impossible, and, as our recent experience shows, threatens speedily to bring to a bloody issue questions which ought to be settled with temperance and judgment.

"We have the honor to be, very respectfully, Your obedient servants,

R. W. BARNWELL,

J. H. ADAMS.
JAMES L. ORR,

[ocr errors]

Commissioners.

The President's Answer.

"To the President of the United States." To this the President replied as follows:"WASHINGTON CITY, Dec. 30, 1860. "GENTLEMEN,-I have had the honor to receive your communication of 28th inst., together with a copy of your full powers from the Convention of the people of South Carolina,' authorizing you to treat with the Government of the United States on various important subjects therein mentioned; and also a copy of the Ordinance, bearing date on the 20th inst., declaring that the Union now subsisting between South Carolina and other States, under the name of the United States of America, is hereby dissolved.'

[ocr errors]

The President's
Answer.

The President's
Answer,

"This brings me to a consideration of the nature of those alleged pledges, and in what manner they have been observed. In my Message of the 3d of December last, I stated, in regard to the property of the United States in South Carolina, that it has been purchased for a fair equivalent, by consent of the Legislature of the State, for the erection of forts, magazines, arsenals, &c., and over these the authority to exercise exclusive legislation' has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in command of the forts has received orders to act strictly on the defensive. In such a contingency, the responsibility for consequences would rightfully rest upon the heads of the assailants.' This being the condition of the parties, on Saturday, 8th De

"In answer to this communication I have to say that my position, as President of the United States, was clearly defined, in the message to Congress on the 3d inst. In that I stated that,' apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to decide what shall be the relations between the Federal Government and South Carolina. He has been invested with no such discretion. He possesses no power to change the relations hitherto existing between them, much less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recognizing the dissolution of the Confederacy among our thirty-three sovereign States. It bears no resemblabce to the recognition of a foreign de facto government, involving no such responsibility. Any attempt to do this would, on his part, be a naked act of usurpation. It is, therefore, my duty to submit to Congress the whole ques-cember, four of the Representatives from South tion, in all its bearings.

Such is my opinion still. I could, therefore, meet you only as private gentlemen of the highest character, and was entirely willing to communicate to Congress any proposition you might have to make to that body upon the subject. Of this you were well aware. It was my earnest desire that such a disposition might be made of the whole subject by Congress, who alone possess the power, as to prevent the inauguration of a civil war between the parties in regard to the possession of the Federal forts in the harbor of Charleston; and I, therefore, deeply regret that, in your opinion, the events of the last twenty-four hours render this impossible.' In conclusion, you urge upon me the immediate withdrawal of the troops from the harbor of Charleston,' stating that, under present circumstances, they are a standing menace, which renders negotiation impossible, and, as our recent experience shows, threaten speedily to bring to a bloody issue questions which ought to be settled with temperance and judgment."

"The reason for this change in your position is, that since your arrival in Washington, an officer of the United States, acting, as we (you) are assured, not only without, but against your (my) orders, has dismantled one fort and occupied another-thus altering to a most important extent the condition of affairs under which we (you) came.' You also allege that you came here, the representatives of an authority which could, at any time within the past sixty days, have taken possession of the forts in Charleston harbor, but which, upon pledges given in a manner that we (you) cannot doubt, determined to trust to your (my) honor, rather than to its power.'

Carolina called upon me, and requested an interview. We had an earnest conversation on the subject of these forts, and the best means of preventing a col lision between the parties, for the purpose of sparing the effusion of blood. I suggested, for prudential reasons, that it would be best to put in writing what they said to me verbally. They did so, accordingly, and, on Monday morning, the 10th inst., three of them presented to me a paper signed by all the Representatives from South Carolina, with a single exception, of which the following is a copy:

'To His Excellency JAMES BUCHANAN, President of the United States:

In compliance with our statement to you yesterday, we now express to you our strong convictions that neither the constituted authorities, nor any body of the people of the State of South Carolina, will either attack or molest the United States forts in the harbor of Charleston, previously to, the act of the Convention, and we hope and believe not an til an offer has been made through an accredited representative, to negotiate for an amicable arrangement of all matters between the State and the Federal Government, provided that no reinforcements shall be sent into those forts, and their reiative military status shall remain as at present. JOHN MCQUEEN, M. L. BONHAM, W. W. BOYCE, LAWRENCE M. KEITT.

'WASHINGTON, December 9, 1860.'

[blocks in formation]

THE PRESIDENT'S

ANSWER.

145

The President's

Answer.

construed into an agreement on my part, which I never would make. They said that nothing was further from their intention-they did not so understand it, and I should not so consider it. It is evident they could enter into no reciprocal agreement with me on the subject. They did not profess to have authority to do this, and were acting in their individual character. I considered it as nothing more, in effect, than the promise of highly honorable gentlemen to exert their influence for the purpose expressed. The event has proven that they have faithfully kept this promise, although I have never since received a line from any one of them, or from any member of the Convention on the subject. It is well known that it was my determination, and this I freely expressed, not to reinforce the forts in the harbor, and thus produce a collision, until they had been actually attacked, or until I had certain evidence that they were about to be attacked. This paper I received most cordially, and considered it as a happy omen that peace might be still preserved, and that time might be thus given for reflection. This is the whole foundation for the alleged pledge.

The President's
Auswer.

derson had left Fort Moultrie and
proceeded to Fort Sumter, my
first promptings were to com-
mand him to return to his former position, and there
to await the contingencies presented in his instruc-
tions. This would only have been done with any de-
gree of safety to the command by the concurrence
of the South Carolina authorities. But before any step
could possibly have been taken in this direction, we
received 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 Federal forts in the harbor of Char-
leston, 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

"But I acted in the same manner as I would have done had I entered into a positive and formal agreement with parties capable of contracting, although such an agreement would have been on my part, from the nature of my official duties, impossible. The world knows that I have never sent any rein-that, as an executive officer, I felt myself bound to forcements to the forts in Charleston harbor, and I have certainly never authorized any change to be made in their relative military status.' Bearing upon this subject, I refer you to an order issued by the Secretary of War, on the 11th inst., to Major Anderson, but not brought to my notice until the 21st inst. It is as follows:-[See page 125 for these orders. The President did not quote the endorsemeat: This is in conformity to my instructions to Major Buell," Signed, John B. Floyd, It would have strengthened the point urged. Did the President purposely omit Mr. Floyd's name?]

The President's

Answer.

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 only four days ago; but now, over two of them, this flag has been sup planted, and the Palmetto flag has been substituted in its stead. It is under all these circumstances that I am urged immediately to withdraw the troops

from the harbor of Charleston, and 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 of the forts thought proper, without instructions, to change his position from one of them to another.

"These were thelast 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 circmstances 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 "At this point of writing, I have received informhostile act' on the part of South Carolina, which has ation by telegraph from Capt. Humphreys, in comnot yet been alleged. Still, he is a brave and honor-mand of the arsenal at Charleston, that it has toable officer, and justice requires that he should not be condemned without a fair hearing.

"Be this as it may, when I learned that Major An

day (Sunday, the 30th) been taken by force of arms.' It is estimated that the munitions of war belonging to this arsenal are worth half a million of dollars.

[blocks in formation]
[ocr errors]

"In reference to the declaration with which your reply commences, that your position as President of the United States was already defined in the message to Congress of the 2d instant;' that you possess 'no power to change the relations heretofore existing between South Carolina and the United States,' 'much less. to acknowledge the independence of that State,' and that consequently you could meet us only as private gentlemen of the highest character, with an entire willingness to communicate to Congress any proposition we might have to makewe deem it only necessary to say that the State of South Carolina having, in the exercise of that great right of self-government which underlies all our political organizations, declared herself sovereign and independent, we, as her representatives, felt no special solicitude as to the character in which you might recognize us. Satisfied that the State had simply exercised her unquestionable right, we were prepared, in order to reach substantial good, to waive the formal considerations which your constitutional scruples might have prevented you from extending. We came here, therefore, expecting to be received as you did receive us, and perfectly content with that entire willingness, of which you assured us, to submit any proposition to Congress which we might have to make upon the subject of the independence of the State. The willingness was ample recognition of the condition of public affairs, which rendered our presence necessary. In this position, however, it is our duty both to the State which we represent, and to ourselves, to correct several important misconceptions of our letter, into which you have fallen. "You say:

It was my earnest desire that such

The Commissioners' Rejoinder.

a disposition might be made of the whole subject by Congress, who alone possess the power, to prevent the inauguration of a civil war between the parties in regard to the possession of the Federal forts in the harbor of Charleston; and I therefore deeply regret that in your opinion the events of the last twenty-four hours render, this impossible. Wo expressed no such opinion; and the language which you quote as ours, is altered in its sense by the omission of a most important part of the sentence. What we did say was, 'But the events of the last twenty-four hours render such an assurance impossi ble.' Place that 'assurance,' as contained in our letter, in the sentence, and we are prepared to repeat it.

"Again, professing to quote our language, you say: Thus the authorities of South Carolina, without waiting or asking for any explanation, and doubtless believing, as you have expressed it, that the officer had acted not only without, but against my orders,' &c. We expressed no such opinion in reference to the belief of the people of South Carolina. The language which you have quoted was applied solely and entirely to our assurances obtained here, and based, as you well know, upon your own declaration--a declaration which, at that time, it was impossible for the authorities of South Carolina to have known. But, without following this letter into all its details, we propose only to meet the chief points of the argument.

"Some weeks ago the State of South Carolina declared her intention, in the existing condition of public affairs, to secede from the United States. She called a Convention of her people to put her decla. ration in force. The Convention met and passed the Ordinance of Secession. All this you anticipated, and your course of action was thoroughly considered in your Annual Message. You declared you had no right, and would not attempt, to coerce a Seceding State, but that you were bound by your constitutional oath, and would defend the property of the United States within the borders of South Carolina if an attempt was made to take it by force. Seeing very early that this question of property was a difficult and delicate one, you manifested a desire to settle it without collision. You did not reinforce the garrison in the harbor of Charleston. You removed a distinguished and veteran officer from the command of Fort Moultrie because he attempted to increase his supply of ammunition. You refused to send ad ditional troops to the same garrison when applied for by the officers appointed to succeed him. You accepted the resignation of the oldest and most emi nent member of your Cabinet, rather than allow the

The Commissioners, Rejoinder.

1

The Commissioners'
Rejoinder.

[blocks in formation]
[ocr errors]

147

The Commissioners'
Rejoinder.

garrison to be strengthened. | lated the pledged faith of the You compelled an officer, sta- Government, and that unless the tioned at Fort Sumter, to return pledge was instantly redeemed, immediately to the arsenal forty muskets which he he was dishonered, denial was impossible; you had taken to arm his men. You expressed not to one, did not deny it. You do not deny it now, but you but to many, of the most distinguished of our public seem to escape from its obligation on the grounds, characters, whose testimony will be placed upon the first, that we terminated all negotiation by demandrecord whenever it is necessary, your anxiety for a ing, as a preliminary, the withdrawal of the United peaceful termination of this controversy, and your States troops from the harbor of Charleston; and, willingness not to disturb the military status of the second, that the authorities of South Carolina, inforts, if Commissioners should be sent to the Gov- stead of asking explanation, and giving you the opernment, whose communications you promised to portunity to vindicate yourself, took possession of submit to Congress. You received and acted on as- other property of the United States. We will exsurances from the highest official authorities of amine both. South Carolina, that no attempt would be made to disturb your possession of the forts and property of the United States, if you would not disturb their existing condition until the Commissioners had been sent, and the attempt to negotiate had failed. You took from the members of the House of Representatives a written memorandum that no such attempt should be made, provided that no reinforcements should be sent into those forts, and their relative military status shall remain as at present.' And, although you attach no force to the acceptance of such a paper-although you considered it as nothing more in effect than the promise of highly honorable gentlemen'-as an obligation on one side, without corresponding obligation on the other-it must be remembered (if we were rightly informed) that you were pledged, if you ever did send reinforcements, to return it to those from whom you had received it, before you executed your resolution. You sent orders to your officers, commanding them strictly to follow a line of conduct in conformity with such an understanding. Besides all this, you had received formal and official notice from the Governor of South Carolina that we had been appointed Commissioners, and were on our way to Washington. You knew the implied condition under which we came; our arrival was notified to you, and an hour appointed for an interview. We arrived at Washington on Wednesday, at 3 o'clock, and you appointed an interview with us at 1 the next day. Early on that day, (Thursday,) the news was received here of the movement of Major Anderson. That news was communicated to you immediately, and you postponed our meeting until 2 o'clock on Friday, in order that you might consult your Cabinet. On Friday we saw you, and we called upon you then to redeem your pledge. You could not deny it. With the facts we have stated, and in the face of the crowning and conclusive fact that your Secretary of War had resigned his seat in the Cabinet, upon the publicly avowed ground that the action of Major Anderson had vio

"In the first place, we deny positively that we have ever in any way made any such demand. Our letter is in your possession; it will stand by this on record. In it we informed you of the objects of our mission. We say that it would have been our duty to have assured you of our readiness to commence negotiations, with the most earnest and anxious desire to settle all questions between us amicably and to our mutual advantage, but that events had rendered that assurance impossible. We stated the events, and we said that until some satisfactory explanation of these events was given us, we could not proceed; and then, having made this request for explanation, we added: And in conclusion, we would urge upon you the immediate withdrawal of the troops from the harbor of Charleston. Under present circumstances they are a standing menace, which renders negotiation impossible," &c. 'Under present circumstances!' What circumstances? Why, clearly, the occupation of Fort Sumter and the dismantling of Fort Moultrie by Major Anderson, in the face of your pledges and without explanation or practical disavowal. And there is nothing in the letter which would, or could, have prevented you from declining to withdraw the troops, and offering the restoration of the status to which you were pledged, if such has been your desire; it would have been wiser and better, in our opinion, to have withdrawn the troops, and this opinion we urged upon you, but we demanded nothing but such an explanation of the events of the last twenty-four hours as would restore our contidence in the spirit with which the negotiations should be conducted. In relation to this withdrawal of the troops from the harbor, we are compelled, however, to notice one passage of your letter. Referring to it, you say: This I cannot do. This I will not do. Such an idea was never thought of by me in any possible contingency. No allusion to it had ever been made in any communication between my. self and any human being.'

[ocr errors]

In reply to this statement, we are compelled to

« PreviousContinue »