The Commissioners' Rejoinder. say, that your conversation with us left upon our minds the distinct impression that you did seriously contemplate the withdrawal of the troops from Charleston harbor. And in support of this impression, we would add, that we have the positive assurance of gentlemen of the highest possible public reputation and the most unsullied integrity-men whose name and fame, secured by long service and patriotic achievements, place their testimony beyond cavil that such suggestions had been made to and urged upon you by them, and had formed the subject of more than one earnest discussion with you. And it was this knowledge that induced us to urge upon you a policy, which had to recommend it its own wisdom and the might of such authority. As to the second point, that the authorities of South Carolina, instead of asking explanations, and giving you the opportunity to vindicate yourself, took possession of other property of the United States, we would observe:-1. That even if this were so, it does not avail you for defence, for the opportunity for decision was afforded you be fore these facts occurred. We arrived in Washington on Wednesday; the news from Major Anderson reached here early on Thursday, and was immediately communicated to you. All that day men of the highest consideration-men who had striven successfully to lift you to your great office-who had been your tried and true friends through the troubles of your administration, sought you and entreated you to act-to act at once. They told you that every hour complicated your position. They only asked you to give the assurance that if the facts were so that if the commander had acted without and against your orders, and in violation of your pledges-that you would restore the status you had pledged your honor to maintain. You refused to decide. Your Secretary at War, your immediate and proper adviser in this whole matter, waited anxiously for your decision, until he felt that delay was becoming dishonor. More than twelve hours passed, and two Cabinet meetings had adjourned, before you knew what the authorities of South Carolina had done; and your prompt decision at any moment of that time would have avoided the subsequent complications. But, if you had known the acts of the authorities of South Carolina, should that have prevented your keeping your faith? What was the condition of things? For the last sixty days you have had in Charleston harbor not force enough to hold the forts against an equal enemy. Two of them were empty-one of those two the most important in the harbor. It could have been taken at any time. You ought to know better than any man that it would have been taken, The Commissisners' Rejoinder. but for the efforts of those who put their trust in your honor. Believing that they were threatened by Fort Sumter especially, the people were with difficulty restrained from securing, without blood, the possession of this important fortress. After many and reiterated assurances, given on your behalf, which we cannot believe unauthorized, they deter mined to forbear, and in good faith sent on their Commissioners to negotiate with you. They meant you no harm-wished you no ill. They thought of you kindly, believed you true, and were willing, as far as was consistent with duty, to spare you unnecessary and hostile collision. Scarcely had these Commissioners left than Major Anderson waged war. No other words will describe his action. It was not a peaceful change from one fort to another; it was a hostile act in the highest sense, and only justified in the presence of a superior enemy, and in imminent peril. He abandoned his position, spiked his guns, burned his gun-carriagss, made preparations for the destruction of his post, and withdrew, under cover of the night, to a safer position. This was war. No man could have believed (without your assurance,) that any officer could have taken such a step, 'not only without orders, but against orders.' What the State did was in simple self-defence; for this act, with all its attending circumstances, was as much war as firing a volley; and war being thus begun, until those commencing it explained their action and disavowed their intention, there was no room for delay; and even at this moment, while we are writing, it is more than probable, from the tenor of your letter, that reinforcements are hurrying on to the conflict, so that when the first gun shall be fired, there will have been on your part one continuous, consistent series of actions, commencing in a demonstration essentially warlike, supported by regular reinforcements and terminating in defeat or victory. And all this without the slightest provocation; for, among the many things which you have said, there is one thing you cannot say you have waited anxiously for news from the seat of war, in hopes that delay would furnish some excuse for this precipitation. But this tangible evidence of a design to proceed to a hostile act, on the part of the authorities of South Carolina,' which is the only justification of Major Anderson you are forced to admit, has not yet been alleged.' But you have decided, you have resolved to hold, by force, what you have obtained through our misplaced confidence; and by refusing to disavow the action of Major Anderson, have converted his violation of orders into a legitimate act of your executive authority. Be the issue what it may, of this we are assured, that, if Fort Moultrie PROCEEDINGS OF CONGRESS. 149 The Commissioners' has been recorded in history as a memorial of Carolina gallantry, Fort Sumter will live upon the succeeding page as an imperishable testimony of Carolina faith. "By your course, you have probably rendered civil war inevitable. Be it so. If you choose to force this issue upon us, the State of South Carolina will accept it, and, relying upon Him who is the God of Justice as well as the God of Hosts, will endeavor to perform the great duty which lies before her hopefully, bravely, and thoroughly. "Our mission being one for negotiation and peace, and your note leaving us without hope of a with drawal of the troops from Fort Sumter, or of the re- The Result. "This paper, just presented to the President, is of such a character, that he declines to receive it." The Commissioners left Washington for Charleston, Wednesday afternoon. The correspondence above given was first published in the Charleston Courier of January 5th. It was regarded as equivalent to an opening of hostilities, and every hour was expected to bring news of an assault on Sumter. In view of such an event, the steamer Star of the West departed, secretly, from New York harbor on the evening of Saturday, January 5th, with a heavy store of provisions and 200 troops for Major Anderson, composed of men of tried patriotism and efficiency. The President, under the influence of the loyalty and vigor infused into his counsels by the new members of the Cabinet, "To His Excellency, the President of the United seemed, for the moment, to awaken to his States." full duty. CHAPTER IV. FIFTH WEEK. THE THE PROCEEDINGS OF CONGRESS CONTINUED. IN the Senate, Monday, December 31st, Mr. | inform the Senate what disposition had been Powell, from the Special Committe of Thirteen, reported that it had not been able to agree upon any general plan of adjustment. Mr. Crittenden then asked that some day be set apart for the consideration of the joint resolution offered by him. The resolution was, thereupon, made the special order for Wednesday, when Mr. Douglas would have the floor. Mr. Wilson, (Republican) of Massachusetts, introduced a resolution of inquiry, that the Secretary of War be requested to made of the arms made at the National Armories, if any had been sold, and, if so, at what prices and to whom, what number there were in the arsenals, and how they were protected. This was immediately objected to by Southern members, and was laid over under the rules. Mr. Benjamin, of Louisiana, having the floor, addressed the Senate on the state of the country. The audience was unusually large, and the interest manifested was intense, owing not more to the Senator's ability as a speaker, than to the position which he was to | what power can compel that majority to re assume, of an open advocacy of the secession pair that wrong? Suppose that South Car programme. Hitherto Mr. Benjamin had olina should then withdraw from the Union; been regarded as eminently conservative, and who could say it was a violation of the opposed to disunion; but the growing senti- Constitution? Suppose, again, that a wrong ment of his State for secession, and the is perpetrated which does not appear quite futility of compromise, had impelled him to clear to the North but does appear clear to accept the Southern view, and to become its South Carolina-suppose she is denied ac advocate. His speech would define the course cess to the Territories? Is she without any of the "Conservatives," and, for that reason, remedy under the Constitution? If there is commanded unusual consideration, none then she must be the judge of the wrong and the mode of redress. He read an extract from an address delivered by John Quincy Adams, in New York, in 1838, in which he said nations themselves must be the sole judge whether compacts are broken, and also saying "that when all fraternal feeling was gone between the States, then it was time to separate in peace and return to their original state." Suppose that South Carolina is wrong in believing that wrong has been done her, still that does not alter the issue whether we shall permit her to withdraw or force her back. In reply to the Senator from Wisconsin (Mr. I'oolittle), he claimed that a citizen was bound to obey his State Government. The Republican Senators say that they will not coerce a State, but enforce the laws against individuals. But how can they punish an individual in a State for treason? Where are they to find the judge and jury to do so, when all the citizens in the State think that he has done right? They could not blockade a port without declaring war; they could not embargo one port without closing the other. He claimed that neither Congress nor the President had the power to go into a State with a military force without the intervention of the civil power-some civil process must precede the military force. Mr. Benjamin commenced Benjamin's Speech. by referring to a speech made by him four years previously, in which he declared that the aggressions of the North would force the South to throw the sword in the balance. The prophecy was now fact. How will the country and Congress meet the issue? South Carolina, exercising her inalienable rights, had dissolved her relations with the Union. Mississippi would follow next week; then Alabama and Florida; a week after, Georgia; a little later, Louisiana; and, soon after her, Arkansas. What then shall be done? Shall South Carolina be acknowledged a free and independent State, or shall she be coerced by force? Mr. Benjamin proceeded to quote from Mr. Webster's speech in the Rhode Island case, to show that the Great Expounder of the Constitution considered a Convention of Delegates, duly elected and assembled, had full power to act on the question of Union, or secession from the Union. He also quoted from Mr. Madison's works, to prove that he held the same view. He read from the debate of the Convention which formed the Constitution, to show that the members of that Convention refused to make the Senate the judge of, or give the President the power to veto, the action of a State; that they re-He argued that they could not 'collect the fused to give Congress the power to negative State legislation, and that they specially refused to give any power to coerce States; yet, when the State Convention came to ratify, the Constitution, the States were not sufficiently secure. It must be admitted that certain political rights are guaranteed the States, but when these rights are denied where is the remedy? Suppose that South Carolina should send two Senators here, and the majority should refuse to receive but one, revenue by force. Such threats were only a MR. M'KEAN'S RESOLUTION. 151 assert, and your people assert, | again as Senators in one common council chamber Mr. Benjamin's that, under a just and fair in- of the nation, no more forever. We desire, we be Speech. terpretation of the Federal seech you, to let this parting be in peace. I conjure Constitution, it is right to deny that our slaves, you to indulge in no vain delusion, that duty, or which, directly or indirectly, involve a value of conscience, or interest, or honor, impose upon you $4,000,000,000, are property at all, entitled to protec- the necessity of invading our States, and shedding tion in the Territories under and by the Govern- the blood of our people. You have no possible jusment. You assert that, by a fair interpretation of tification for it. I trust it is from no craven spirit, that instrument, it is right to encourage, by all pos- or any sacrifice of the dignity or honor of my own sible means, the robbery of this property, and to State, that I make this last appeal, but from far legislate so as to render its recovery as dangerous higher and holier motives. If, however, it shall and difficult as possible. You say that it is right and prove vain-if you are resolute to pervert the Govproper, under the Constitution, to prevent our mere ernment, framed by the fathers for the protection transit across a sister State, to embark with our of our rights, into an instrument for subjugating and property on a lawful voyage, without being openly enslaving us, then, appealing to the Supreme Judge despoiled of it. You assert that it is right and of the Universe for the rectitude of our intentions, proper to hold us up to the ban of mankind, in we must meet the issue you force upon us as best speeches and writings, as thieves, robbers, villains, becomes freemen defending all that is dear to man. and criminals of the blackest die, because we con- What may be the fate of this horrible.contest none tinue to own property, which we owned at the time can foretell; but this much I will say, the fortunes we all signed the compact. You say it is right that of war may be adverse to your arms; you may carry we should be disposed to spend our treasure in the desolation into our peaceful land, and with torch and purchase, and our blood in the conquest of foreign firebrand may set our cities in flames; you may even territory, and yet have no right to enter it for set- emulate the atrocities of those who, in the days of tlement, without leaving behind our most valuable the Revolution, hounded on the bloodthirsty savage; property, under penalty of its confiscation. Your you may give the protection of your advancing fathers interpreted this instrument to mean safety armies to the furious fanatics who desire nothing and peace to all, and you say it is eminently in ac- more than to add the horrors of servile insurrection cordance with the surety that our welfare and peace to civil war; you may do all this, and more, but you is to be preserved, that our sister States should never can subjugate us; you never can convert the combine to prevent our growth and development, free sons of the soil into vassals, paying tribute to and surround us with a cordon of hostile communi- your power; you never can degrade them to a serties, for the express and avowed purpose of accuvile and inferior race; never, never, never!" mulating, in dense masses and within restricted limits, a population which you believe to be dangerous, and thereby forcing us to sacrifice a property nearly sufficient in value to pay the public debt of every nation in Europe. This construction of the instru Intense excitement followed its conclusion. The crowded galleries gave vent to shouts of applause, clapping of hands, and huzzas. Mr. Mason, of Virginia, with a voice which ment which was to preserve our security and pro-ries instantly be cleared. Mr. Yulee, of Flori rose above the din, demanded that the galle mote our welfare, and which we only signed on your assurance that such was its object, you tell us now is a fair construction. You don't propose to enter our States, you say, to kill and destroy our institutions by force. Oh, no! You initiate the faith of Rhadamiscus, and you propose simply to inclose us in an embrace that will suffocate us." After referring, at some length, to the anomalous opinion held by the Republicanssaying that they disliked the Southern States, but would not let them go-he closed as follows: da, moved to adjourn, and demanded a vote. Order was restored after the galleries were cleared, when Mr. Baker, of Oregon, having the floor, the Senate adjourned to Wednesday. In the House, Monday, December 31st, a resolution of inquiry-similar to that of Mr. Wilson, in the Senate-was offered by Mr. McPherson, (Rep.,) of Pa., but was instantly objected to by Southern members, and was not, therefore, received. Mr. McKean, (Rep.,) of N. Y., asked leave to offer a resolution as follows: "Our Committee has reported this morning that no feasible scheme of adjustment can be devised. The day of adjustment has passed. If you propose That the several States did to make one now, you are too late. And now, not ordain and establish' this Senators, within a very few weeks we part, to meet Government; that it was made McKean's Resolution. by the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to themselves and their posterity; that for such purpose the people withdrew from their several State Governments certain powers and vested them in one General Government, whose Con stitution, laws, and treaties are the supreme law of the land, anything in the Constitution or laws of any State to the contrary notwithstanding; that we are not thirty-three nations, but one nation, made such by the Constitution, and known to the world as the American nation; that any nation has the right of self-preservation, the right to defend itself against enemies from without and traitors within; that we believe this nation has the power to do so, and that it is its duty to exercise it." This was also objected to by Southern members and was not received. Mr. Bingham, (Rep.,) of Ohio, offered an important resolution empowering the President to collect the revenues. It was referred to the Judiciary Committee. The Speaker laid before the House a communication from Mr. Floyd, giving his version of the acceptances extended to Mr. Russell for services to be performed. He justified the advance issue of the acceptances as absolutely necessary to assist the contractors in forwarding supplies, since the enormous sum required to carry out the provisions of the contract exceeded the ability of any ordinary firm. The close of his communication read as follows: Floyd's Defense. "I have now nearly brought my administration of the War Department to a close, and I will be excused for adverting to it briefly. There is not one branch of the military service which is not in perfect order as far as any means are afforded of knowing, and they are very complete. Some have been particularly encouraged, and, I think, improved; discipline is excellent, and the accountability to superior authority in every department could scarcely be excelled. Strict economy is enforced, and perfect responsibility in all money expenditures is and has been successfully carried into effect within four years. Since I have presided in this Department, not a dollar, I believe, has been lost to Government by embezzlement or theft, and within that time sixty millions of dollars have been disbursed. No system of administration, no line of policy, I think, could reach better results; no system of accountability could be more perfect. These facts I confidently assert, and the Department is everywhere full of the proofs of them. I invite any investigation which the House may think proper to institute into any or all of my official acts." This was referred to the Select Committee on the Abstraction of the Bonds. Another attempt was made to get a resolution Exciting Resolutions. of inquiry before the House in regard to the President's course. Mr. Stevens, (Rep.) of Pennsylvania, offered a resolve requesting the President to communicate to the House, if not incompatible with the public interests, the condition of the forts, arsenals, and other property at Charleston; whether any measures have been taken to garrison and put them in condition, since it has become evident that South Carolina intended to secede; what troops were there then and now; whether any orders have been given to reinforce Fort Sumter, and what orders have been given to the officers; and whether any vessels of war have been ordered thither since the seizure of the forts by the rebels. This shared the fate of all other resolves looking to the same end, by the objec tion of a Southern man. Mr. Pryor, of Virginia, introduced the following resolution: "Resolved, That any attempt to preserve the union between the States of the Confederacy by force would be impracticable and destructive to republican liberty." He instantly demanded the previous question, which was ordered, thus cutting off objections. An exciting warfare of words followed. Motions to lay on the table, to adjourn, for the question, &c., following in rapid succession, and a passage of words occurred between Barksdale, of Mississippi, and MacClernand, (Dem.) of Illinois. The vote on the tabling of the resolution stood, 98 ayes, 55 nays. This vote was regarded as significant of the Union strength in the House. Mr. Stevens, of Pennsylvania, then sought to bring forward his resolve, above referred to, by a motion to suspend the rules. Lost, by 91 against 62—not two-thirds, as required to suspend. Mr. Stanton, (Rep.) of Ohio, having proposed a substitute, it was then adopted as an independent resolution. It proposed that the Committee on Military |