, 1861-02-09

the surrender Of fortress, but as a legal off,
ceres States Attorney-denerai, to e1aim for
the 6tate the eytrc;:' r. !! = go = eminent
domain, and T., 3. !. :. IL r.,
and ali ri.,,'e -.
exercise Of thu eL,ll,i:
ter, sustained oy tho lec'alatio,,, IL rls.c:,
that If South Carolina is not permitted tom.ke
tho purchase, she wil seize The fort By force
Of arms.
As an Invitation for negotiation to transfer
property between friendly Governments, this
assumed most unusual FORM He has, how
ever. Investigated CHIN on which 1t profess
e. to be based, apart from the declaration that
accompanies 1t; the title Of the United 8tdtes
to the Fort is complete and uncontested. We're
It's interest in the property, In ordinary accept
alton Of the term,it might probably be subject
ed to the exercise Of the oct Of eminent do
main, but 1t has political relations to 1t OF
much higher. and more imposing character
than mere proprietorsbip. It has absolute
jurisdiction over the Fort and soil on which it
atanda, which is clearly incompatible with
Claims Of eminent domain
Its authority ID derived from peaceful seces-
sion of South Carolina herself under the Con-
stitution Of the United States. South Carroll
ua can no more assert the right of eminent do
main over Sumter than Maryland can over the
District Of Columbia. The President, howev-
,er,is relieved fromfurther necessity ofpursuing
this inquiry, by the fact that be has not the
Constitutional power to cede or surrender It.
The question Of reinforcing Fort Sum
ter tis so fnlly disposed Of In my litter
Of the I'D Of january to Senator Slidel}, Il
copy Of which accompanies this, that It's di*-
cussiou need not be renewed then said
that at the present moment It is not deemed
necessary to reinforce Major Andersep, be,
cansa he makes no such request Should
his safety, however, require .reinforcements,
every effo,t will be made to supply them. i
can add nothing to the e1plicitneks Of this Ian
guage, which still applies to the existing
status.
In the letter Of Senator Davis and others to
yourself, they say It is sufficiently due from
south Carolina to cay nothing Of other slave
holding States. She should, as far as is consis-
tent with her honor, avoid initiatfns hostln-
ties between her and the United States, or
any other power, and you -now give present
gratifying assurances that South Carulina has
every disposition to preserve public peace, and
sire, 1t would seem TINT the patriotic object
must be Of certain attainment. It is difficult,
however, to reconcile this with the declaration
! on yor part that South Carolina's own dignity
| 81 4 sovereignty, and the safety Of her people,
prompts her to demand that this property
should no longer be used as military post BY
the Government she no longer acknowl-
edges. After stating that in case Of
attempt by foreign power to. capture
Charleston, the batteries Of Fort Sumter
| should be expected for her protection, he says
| how the presence Of small garrison actuated
honor Of South Carolina,t he President Is at
| q loss to understand. The attitude that the
| Government has often declared is neither
menacing, defiant. nor uufricndly. If an ar
nouncement 80 repeatedly made Of the Presi-
dents pacific purposes in continuing the oe,
I IF $T,a
| was settled BY competent authority, has failed
to Impress the gove17 ment Of Sonth
Carolina, with the forbearing conduct
Of lis Administration Of the last
three months. 1t should be received as
conclusive evidence Of his sincerity and hi
forbearance be not accepted, then neither Ian
gunge nor conduct can possibly furnish sucl
pledge. II with all the multiplied proofs ol
the Presidents anxiety for peace, the authori
ties Of South Carolina shall nssault Fort Bum
ter and peril the lives Of handful Of bravt
and loya} men shut up within its wills, mt
thus plunge our common country in the hor
rors Of civil WAT, then, upon them and thost
they represent, must rest the responsibility
From Washington.
WASHINGTON, Feb. 7.-Gov. Letcher Of Va,
was on the floor Of the House to-day, and wal
greeted BY members from North aud South
lie expresses the opinion Tint Virginia vii
l A%t[ES ~ pau ~ NVNPIUA14sp EuA{sluEEcluS
less than the Crittenden proposition; and add
that the Virginia Convention will recommend
| secession as their ultimate action, unless tli
| Is complied with.
The Senate bill which passed the House to
day provides that there shall be no extcusic1
Of any patent when the Commissioner is sal
ished that the net profits are 1000, and til
Commissioner Is authorized to dispense wit
models where drawings will be sufficient,
The y. B. steamer Mohawk, Andrew Craven
She was coaling and would proceed the 10
Crusader Was IN port, aud would sail in a fe'
days. The Wyandotte was expected fro1
Pensacola in the course OF week. Macedt
nian WIS spoken On the s0th nit, ten miles O
Sand Key, bound into Portugus.
The Peace Conference adjourned after
!: | short session, to visit the President, tn
Commissioners object to delaying the uues
,. tion On the report Of the Committee Of Thirt,
three, to see what the Peace Conference do
the meantime.
NEW YORK, Feb. ga Dispatch from Wasl
| ipgtpn says it is rumored that Senators Joh1
son and Wigan are arranging prelimiuaric
for dnel; also That several leading seces
slon1sts are medltatfog a. demonstration upo
the Tehuantepec Tra1sit Route, upon wLic
Senator Benjamin and others claim to hay
the Lien under certain pretended grants
W4sH1EaTox, Feb. 8.-Co1. Hhyne and Lieu
Hall lett this morning for Charleston. The
came here together, md 50 return.
The Postmaster at Mobile denies to the Pos
Office Department taatletters passing throug
: his ofhee hare been vio1atcd.
I