The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-09
THE REVOLUTION.
TINE NEGOTIATIONS RELATIVE TO FORT SUMTER.
CONTINUED FROM THIRD PAGE J

so,,rass bp az the legal officer Of the state,
Attorney General TO claim for the state mo exercise
or It's right OF eminent domain and to pledge
he State 10 make good all injury to The rights u pro
perty which the exercise OF the cam,' and
hest this explicit language should not sulc nty define
your position you add The proposition now Is that her
sSouih CsroliDa's) officer should under autho-
ry Of the Governor and his Council distinctly pledge
faith OF South Carolina make such compensation ia
regard Fort sumter ana It's appurtenances and
the fun extent Of the money value Of the pro
perry of the United States delivered the anho
rites Of South Carolina by command You then
adopt his Exceency Train Of th,ught upon the subject
fur relates 10 the suggestion that the possession of
Fort Sumter by e United continued long enough
must lead TO collision, and that attack upon it
would scarcely improve il as property whatever the
resul captured would longer be the subject
OF The proposal, then, presented to the
President is simply offer on the part OF South Caro-
Ena buy Fort sumter and contents property OF tho
United States, sustained by declaration in effect that
" she permitted make the purchase she viii
seize the for, by force Of arms.
the invitation Of negotiation foT the transfer Of
property between friendly governments, this proposal
mpresses the President having assumed most unu
sna form. He has, however, investigated the claim on
which processes be eaed apart from the declaration
shat sccornpan, it, aud be here remarked that much
has been laid upon the employ Of the words
"propeItyn and public property by the Presiden. in
his several messages hose the most comprehensive
terns which be used such connection and surely
when referring to q fort, any other public establish
ment, they embrace the entire and undivided interest
the government therein The title of the United States
Fort Sumter IL complete and nconestablc Were it's nf
rtst in the prop airy ordinary accspta On
of the it might probably be subjected to the
else TIE right of eminent domain But it has also
political relations it OF much higher and NOR
posing character ,kan those of mere proprieto ship.
has absolute jurisdiction the fort and the soil
which il stands This jurisdiction consists In the autho
xty 60 exercise exclusive legislation The roperty
referred TO- ara is therefore clearly ncompar BILE with
the claims of eminent domain now insisted upon by
South Carolina This authority not derived from any
questionable revolutionary. source, oat from the
peaceful cesCn Of Carolina herself si ns through
hef legislature under provision OF the aited States.
South Iopa mere assert the re Of eminent
domain Fort sumter, than Mafyahd can assert it
over The District OF GoiaTba. The psf IDEAL AM pro
prictary rights Of the United States n either
upon precisely the ground. Tbe President how
ever is relieved from the neoca ity of further
pursuing this inquiry by the e ct that what
ever may be the claim Of 50 nth Carolina
this fort he has not constitutional power cede
surrend IT, property title " the state has been
acquired by the force of public Paw, and only be
dsposed Of andc the solemn sanctions The Presi
eept head of the executive branch Of the
ment only sell and transfer Fort Sumter TO
Souh Carolina than he se and convey the capital Of
dividual seet.ng pssscsc it. His Exceeney, the
Governor is 100 familiar with the constitution of the
United ssates and with tho Affiliations upon the powers
OF the Chicl Magistrate 'ef the government it has
established, not 20 appreciate at once the
soundness of this Vega. proposition. The question
OF renferr.sg Fort Sumter is fully disposed of in my
e,ter saell ss others under date of odd o..
January - copy Of uhisl accompanies this that its dis
russior VIII not be renewed then said, at the pre-
sent sa@sent it IN not deemed necessary TO reinforce
Major hnderson because he makes such request
Should is safety, however, require reintorccments,
every e2srt will be made to supply them" can add
nothnF the esplictness OF this language which
sti atS,les 10 the existing status. The right send
forward reinforccfnen.s when, in the judgment
u the President, TIE safety Of the garrison
quircs them, reefs on the same unauestona5le
foundation the right occupy the fortress itself r
OF Senator Davis and others to yourself under
Of the 18th ult ;shey say'.we therefore think
doe South Carolina to States, TO say nothing Of
the other slave holDg States, that she should far
she consistently with her honor avoid initiating hos
titica between her and the United States. or any
ether Power," and .you now, yourself, give the
President the gratifying assurance that South Carolina
eyory disposition preserve the public peace AID
since he Is himself, sincerely animated by the de-
sire would thu. this common and patriotic cb
jecs be Of certain attainment II difficult, how
ever ., reconcile with lis assurance the declaration on
your pert that s "a confederation Of her (South Care.i
OF her people prompts Asr to demand that this pro
perty should not longer be used a a military post
by government she nc longer acknowledge" Ee
thought you constantly present that this occupa
tion lead 10 a collision Of and the prevalence
Of ovR war. Fort Sumter is in itself a militia
ny post and nothing else; and it would that
SO 1auch the fact = the purpose OF its
sbculd giTc 10 il hostile a friendly character.
Ihs fortress il held by ta Of the Unit,
ed States for the obectsfor which has been held
from the completion 81 its construction. These
tional and defensive, and public enemy
attempt the capture OF Charleston the destruction &C
the comnoscs OF e harbor, the whole force Of the
tercs of this fortress would be eared for their pro;ec
tion How 5s presence Of su2I garrison, actuated b.
ouch spirit as this, comp3 mise the dignity or
honor Of soE.h Carolina, he a CT
irritation % her people, the PrcsdS is at loss TO
dcrstand Thg attitude o, that garrison, has been
often declared, 10 neiher menacing, defiant
friendly IL acting under orders 10 stand strictly
tha defensive ana the government AM people OF South
Carolina must wen know thai they
augAt but she!ior from its ganJ unless, In
the absence Of an provocstion, thy should as
sanh II and seek its destruction. The intent
withvhcb this fortress is held h. tho Precedent truth
fully stated by soaator nvs and s.hers their to
yourself Of the 18th Of January, In which they sayu
n not 4 cid viii any hostile unffenGiy purpose
towards your State, Tut merely az property
of the United States, which the President
deeps his dNy 10 protect and preserve"
f the announcement so repeatedly made Of the Prcs
dents pscilc purposes in continuing the occupation OF
sumter until the Question shsll have teen settled by
cpr,petent authority bsl failed u impress the go'ern
mcat Of South Carolina, shc orbtarng oaaduc OF his
adm for the Lass few months should be recelv
ed evidence Of Dis sincerity ana this for.
bcaraEce, in view Of the circumstances which haves9
severely tried n be not accepted satisfactory pledge
of the peaceful policy Of this administration TO.
wards Seth Carolina, then may be safeg at