Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-02-12

| in Charleston
"Wlth high consideration, your obedient servant,
j. w. HAYSE.
THE PRESIDENTS REFUSAL.
The following reply Was returned by President Buc
hanan, through Mr.. Holt, Secretary OF War:
"WAR DEPARTMENT, Feb. 8, 1861.
"SIR The President the United States has received
your letter of the Slt u aud has charged me with the
duty Of replying thereto.
"In the communication addressed to the President by
Gov Pickens under date of l2,h January, and which
accompanies yours before me, his EXceency says
/ have determined 10 send to you Hon. l. w. Hayne,
Attorney General OF the State Of South Carolina and
have Instructed him to demand the surrender OF Fort
Sumter in the habOr of Charleston TO the constitute
authorities OF South Carolina The demand have made
OF Major Anderson. and which ! now make OF you, is
suggested because of my earnest desire to avoid the
bloodshed which persistence ia your attempt to retain
the po session of that fort will cause and which will be
unavaing to you that possession, but induce
calamity most deeply to be deplored.
"The character OF the demand thus authorized to be
made appears under the influence, presume, Of the COL
respondence with the secretary to which you REFER TO
have been modified by subst quent Instructions o. his Ex-
ceency dated the 26th and received by yourself tie
Both January, in which he says If be 30 that Fot
Sumter held property, then property, the rght
whatever they may be, Of the United States can be as
certained and for the satisfaction OF these rights the
pledge of the State OF South Carolina you author
lied to give The full scope and precise purport of
your Instructions thus modified you have expressed
in the following words: Il do military
TO demand the surrender of fortress, but the legal
officer of the State-its Attorney Genera-to claim for
the State the exercise Of its undoubed right Of eminent
domain and 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 PROPOSE
ton is that her (SOl,h Cardinals law officer should,
under the authority of the Governor and his council dis
tnctly pledge the faith Of South Carolina to make such
compensation in regard to Fort Sumter and its appure
and contents TO the full extent Of the money val
ue of the property of the United States delivered
to the authorities OF South Carolina by your command
You then adopt his Exceencys train Of thought upon
the SUBJECT far az TO suggest that the possession Of
Fort Sumter By the United States ii continued long
enough must lead collision and that attack upon
il would scarcely improve it property, whatever the
result and if captured it would no longer be the sub
ect OF account
"The proposal them now presented, is simply an offer
the part n South Carolina TO buy Fort Sumter and
contents as property of the United States sustained by
purchase she OiH seize the fort BY fierce Of As the
initiation of negotiation for the transfer Of property
between friendly governments, this proposal mpresses
the President having assumed most unusual form
He has, however investigated the claim on which it pro-
esses be based apart from the declaration which
companies it. And il may be here remarked that much
has been laid upon the employment Of the words
property and public property by the President in his
several messages.
"These are the most comprehensive terms which cant be
used in such connection and surely when referring to
fort or any other public establishment they embrace the
entire and undivided interest OF the government
The title Of the United States to Fort Sumter ia com.
pete aud ncontesable Were its interest in this proper
ty purely proprietary in the ordinary aoceptaon of the
term il might probably be subjected the exercise of
III riUht nfa huf IL has LII.
relations to it of much higher and more imposing
character than those Of propre torship Ii has
absolute jurisdiction the fort and the soil upon
which it stands This jurisdiction consists in the author
ty ITO exercise exclusive legislation over the proper
~ referred to and is therefore, clearly incompatible
with the claim Of eminent domain insisted upon by
South Carolina This authority not derived from any
questionable revolutionary source, but from the peace
iu cesson of South Carolina herself acting through her
Legislature under provision of the constitution of the
United States. South Carolina more assert the
right OF eminent domain over Fort Sumter than Mary
land asert it the District of Columbia The po-
ca and proprietary rights Of the United States in Ell
Their case rest upon precisely the some ground
"Tbe President however is reived from the necessity
OF further pursuing this inquiry by the fact that whatever
may be the claim of South Carolina to this fort he has
constitutional power 10 cede or surrender il. The
property Of the United States has been acquired by force
OF public law and can only be disposed Of under the
solemn sanction. The President, the head of
the executive branch of the government only can no
more sell and transfer Fort Sumter to South Carolina than
he can sell and convoy the Capitol Of the United States
Maryland any other State or individual Sc, kinp
b possess it, His Exceency the Governor is too fanl ar
with the Constitution Of the United States and with the
limitation upon the powers Of the Chief Magistrate of
the it has established not to appreciate at
nee. the soundness Of this legal proposition.
"The quet Of reiniOrc ng Fort sun ter is g. fully
disposed Of in my letter to Senator Sdel and other
JaluarV---a nf urhi
pnies this-that its s;uss will now be renewed
then said AT The present moment il is not deemed
reinforce Major Anderson because he makes
no such request. Should his safety, howevr r, auire
einforcements every effort will be made to supply them
add nothing more to the expcitness OF this Ian.
guage which still app IS to the existing Safes
"Ihs right 10 stnd foracdrd rein fo.eements when in
the judgment Of the President the safety Of the
req.es them, rests on the same objectionable Jounda-
ton as the right to occupy The fortress ITSELF
an the letter of Senator Davis and others to YOURSELF
under date OF the 18th ult they say: We therefore
think it especially cue from South Carolina to our States
to say nothing of other slaveholdng States-that che
should far she can consistently with her honor
avoid initiating hosities between her and the United
States any power aud you yourself give to the
President the gratifying ass france that South Carolina
has every disposition to preserve the public peace and
since he is himself sincerely animated by the same de-
sre it would seem that this common and patriotic object
must be of certain attainment.
at Is Difficult however, 10 reconcile with this assu-
the declaration Oh your part that it is consde
ration of her South Carolinas dignity as sover
egp and the safety Of her people, which prompts her to
demand that this property should not be longer used as
military post by the government she no longer &C.
know and the thought you constantly present
that this occupation must lead to collision of arms and
the prevalence of civil Fort Sumter is in itself
military post and nothing else and it would seem that
not much the fact as the purpose of its should give
In n hoste or friendly character This fortresa In
held by The Of the United States for the same
objects for which it has been held from the completion of
is construction These national and defensive aud
were public enemy now to attempt the capture Of
Charleston the destruction Of the commerce Of M bar
bor the whole force of It's habor the whole force of the
batteries Of this fortress would be at once exerted for
their protection. bow the presence Of small garrko 90,
adjusted by such spirit this, can compromise the
dignity or honor Of South Carolina OF become source
Of irritation TO her people, the President at loss to
understand
'Ths attitude Of that garrison, ~ has been often Dc.