The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-02-20
THE FINAL REPLY TO Mr.. HAYNE.
va Depariment, FebruaTy 8, ls6l

War Department, February 6, 1861.
SIR: The President of the United States
has received your letter OF the 5lst ultlmo,
and has charged mo with the duty ofreply.
ing thereto.
In the communication addressed to the
President by Governor Pickens. under date
Of the 18th Of January. and which accompa-
mics yours now before me, his Exce!ency
says;
have determined to send to you Hon.
!. w. Hayne, the Attorney General Of the
State OF South Carolina, and have instructed
him to demand the surrender OF Fort Sumter,
in the harbor Of Charleston, to the constitut-
ed authorities Of the State of South Carolina.
The demand | have made of Major Ander
son. and which now make of VOC, is sugges-
ted because Of my earnest desire to avoid the
bloodshed which persistence in your at
tempt to retain the possession Of that fort
will cause, and which will be unayailing TO
secure 10 you that possession. but induce a
calamity most deeply to be deplored."
The character of the demand thus author,
lied to be made appesrs-under the inAu.
ence, presume, of the correspondence with
the Senators to which you refer-to have
been modified by subsequent instructions Of
his Excellency dated the a6th, and received
by yourself on the 50,h Of January, in which
he says:
If it be so that Fort Sumter is held as
property, then as property, the rights, what
ever they may be, of the United States, can
be ascettained; and for the satisfaction Of
these rights the pledge OF the State Of South
Carolina you are authorized TO give"
The full scope and precise purport Of your
instructions, as thus modified, you have ex-
pressed in the following words:
81 do not come as military man to de-
mand the surrender Of fortress, but as the
legal officer of the State-its Attorney GEN
eral-to claim for the State the exercise of
its undoubted right of eminent domain, aud
to pledge the State to make good all injury
to the rights Of property which arise from
the exercise Of the claim
And lest this explicit language should not
sufficiently define your position, YOU add:
The proposition now is that her South
Carolinas) law officer should, under authority
of the Governor and his Council, distinctly
pledge the faith of South Carolina to make
such compensation, in regard to Fort Sum
ter and It's appurtenanees and contents, 10
the full event Of The money value oil the
property OF The United States delivered over
TO the authorities Of South Carolina By your
command"
You then adopt his Excellency's train Of
thought upon the subject so far as to suggest
that The possession Of Fort Sumter BY the
United States, n il continued long enough.
must lead 10 collision, and thai "an attack
upon il would scarcely improve il as proper
", whatever the result, and, il captured, il
would no longer be the subject Of account"
The proposal, then, now presented to the
President, is simply al oier on the part Of
South eorolina to bay Fort Sumter and con-
tents IS property Of The United States, sus.
tanned b. declaration, in effect, that if she
IS not permitted 10 make The purchase, she
will seize the fort By force Of arms. As The
initisiion Of negotiation for the transfer Of
property between friendly Governments, this
proposal impresses the President as having
assumed most unusual form. He has, how
ever. investigated the claim on which it pro-
fesses TO be based, apart from the declaration
that accompanies il. And il may Be here re-
marked that much stress has been laid upon
the employment Of the words property =
and public property" by the President in
his several messages. These are tie most
comprehensive terms which can be used 10
such connection, and surely, when referring
70 fort or any o,her public establishment,
they embrace the entire and undivided in
teresi Of the Government therein.
The title 81 the United States to Fort sum
ter ls complete and ineontestible. We're its
interest in this property purely proprietary
an the ordinary accepiatinn Of the term, il
might probably be subjected 70 the exercise
OF the right Of eminent domain but il has
also political relations 70 il Of much higher
and more imposing character than those 81
mere proprietorship. Ii has absolute iaris.
diction over The fort and tie soil on which il
stands. This Jurisdiction consists in the
authority TO exercise exclusive legislation /"
over the property referred to, aud is there
fore clearly incompatible with the claim Of
eminent domain now insisted upon by South
Carolina. This authority vas not derived
from any questionable, revolutionary source.
but from the peaceful cession Or south Caro-.
lima herself, acting through her Legislature,
ugder 4 provision Of the Constitution Of tie
United States. South Carolina can no more
assert the right 10 eminent domain over Forl
Sumter than Maryland can assert il over tie
District u Columbia. Tie political and
proprietary rights 81 the United States 10 Ell.
Tier case resi- upon precisely the sane ground.
Tie President, however, i relieved from
the necessity Of further pursuing this inquiry
b. the fact that. whatever may be the claim
Of South Carolina to this fort, he has no con
stitatlonal power 10 cede or surrender Il.
The property Of the United States has been
acquired w force Of public las, and can on.
" IL disposed u Under the same snlemn
sanctions. HE President, ~ Tie head u
the Executive branch 81 lie Government On.
". can 20 more sell aud transfer Fort sum
ter 70 SOUTH Carolina Than Be can sell and
convey the Capitol 81 tie United state. %
Maryland, or 10 any other State Or ibditid.
ual seeking 70 possess il. Ills Excelleney
the Governor u tyo familiar viii ,he Constr.
tuition q TIE United States, md si,h lie
NNaaafH a4E a4FIE ~