New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-02-09
ton Of the term Il night probably be sub sced 70 tne
exercise of the 1,ht II eminent domain. BIZ nae

also political relations 10 IL OF inucn highei hi,
imposing character than those Of mere proprieo
7, ba aSsou ;u,i,djeion over the fort and The n III on
which II stands This jurisdiction contests IN ne>
tbority TO exercise exclusive legslaon over the PROF.
erty referred to, and is therefore Clearly
NV south Carolina This authority WAS not derived
from onv questionable revolutionary source but IRON
The rescehl cession Of South Carolina Lersel acting
through her Legi lsure undera provision OF Tue o'-
fed States South Carolins can no more assert the
riolt of eminent domain over Fort Sumter than Mary
land can assert il the District of Columbia. The
political and proprietary rights OF The United States IN
President however Is relieved from the necessity of
further puIsuing this inquiry by the fact that what
ever nav be the claim of South Carolina to tbis
fort, be has not constitutional power 10 cede or
surrender IT, The property title in the State has been
acopired by the forceof public law, and only be
disposed Of under the same solemn sanctions. The
President as the head Of the Executive branch Of the
Government only, no more sell and transfer Fort
Sumter 10 Soatn Carolina. than be can teil ana convey
the capital of the United States 10 Maryland, or TO any
other State individual seeking TO possess it. His
Exceency the Governor is too familiar with the Con-
stitutiou Of the United States. end with the limitations
upon the powers Of the Ctief Magistrate Of the Gov
eminent il Las esBbErhed, not TO appreciate al once
the soundness of this legal proportion The question
Of reinforcing Fort Sumter is so fully disposed OF in
nv letter 10 Senator Sdel, and Others under date OF
The 2d OF January, copy OF which accom- shies lns
that It's discussion will not be renewed then said:
At the present 1T il is not deemed necessary TO
REINFORCE Major Anderson because he makes no such
request. Should his safety, however, require re-
endorsements, every effort will be made to supply
them. can add nothing to the exrlictness Of this
language which still applies TO the existing statue
The right TO send forward re-eniorcements wben, IN
the Judgment of the President the safety OF garrison
requires them. rests on the same unqueStlCnao1ise
foundation as the night to occupy the fortress l'seil
In the letter of Senator Davis and Others TO yourself
under date of the 18th ul., they sy, We therefore
think Il due from South Carolina to our States 10 gay
Hold al a.
should as far az she consistently with her honor
avoiding initiating bostihties between her ana the
United States or any other power, ana you now
yourself give the President The galylng assurance
that South Carolina has every disposition 10 preserve
the public peace and since lie L., himself sincerely
animated by tie same dereit would seem that this com
enaud patriotic object must be OF certain attainment IL
is difficult, however to reconcile with TINS assurance
the declaration your pant that IT ne consideration
Of her South Carolinas) own digny os sovereignty
and The safety OF her peOI ls prompts her To demand
that this property should not longer be used as mill
tary post by Government she no longer acknowl'
edges The thought you 80 constantly present, L.
that this occupation must lead to collision OF arms
and the prevalence Of evil war: Fort Sumter
is in itself a military post and nothing else,
and it would seem that not 20 much the
10 il hostile or friendly character.
THIS fortress is now held by the Government OF the
United States for the objects for which II has
been held from the completion of its construction
These are national and defensive and were public
enemy now 10 attempt the capture Of Charleston, OF
the destruction Of the commerce of Its haTbor the
whole force Of the batteries OF tbs fortress would be
exeried for their protection How the presence 81
small garrison, actuaied by such spirit this,
can compromise the dignity or honor OF
South - Carolina, or become source o.
irritation to her people the President is at o's TO n
derstand The atiitu1e Of that garrison has been
often declared, rs neither menacing nor defiant, nor
unfriendly Ii is acting under orders to stand strictly
ON the defensive, and the Government and people OF
South Carolina must well know that they can never
receive aught but shelter from Its guns unless In the
absence Of all provocaiion, they should assault 1t and
seek its destruction. The intent with which this for
treas Is held by the President Is truihiplly
letter 10 yourself Of the 18th Of January III which
thew cay 1t not held with any hostile or unIiend
" purpose toward your State, but merely 40 property
OF the United States, which the President deems 1t HE
duty 70 protect and preserve. If the announcement 30
repeatedly made of the Presidents pacific purposes in
continuing the occupation Of Fort Sumter until the
question shall have been settltd by competent
authority has failed 10 impress the Government
of south Carolina. the forbeaiing conduct Of bis
Administration for the last few moInhs should he re-
ceiyed conclusive evidence OF biz sincerity, ard II
this forbearance in view Of tie circumstances which
have so severely tried il, be not accepted ne stsac-
torv pledge of the peaceful policy Of tits Admnstr-
tIon toward South Carolina, then it may lie safely
affirmed that neither Lar guage nor conduct can possibly
furnish one Dr. with all the multi lied proofs which
exist of the Presidents anxiety for peace,
and of the earnesness with which be tas pursued 1t,
the authorities Of South Carolina shall assault Fort
Sumter and peril the lives Of the handful Of brave and
loya men smut up within It's walls, and thus plunge
our country into the horrors Of civil war then uIon
them and those they represent must rest the respons
bility. Your obt seFy't nam o-..,u.-
To Hon ntSss Attorney aSi II he SUB Of South
Carolina
The impression here among gentlemen who are well
acquainted with TIE subject i that aprrehensions
need be entertained relative to immediate attack on
Fort Sumter az that question will be referred 10 the
Southern Congress. Meanwhile tie South Carolina
auhoi les viii keep stTicer guard Of the coast to in
terceut any attempt TO REINFORCE MAJOR Anderson all
domestic supplies and mail facilities TO be denied
and every possible taken 10 weaken and sarye
out the garrison.