Year: 1861

iSlU9 III W aS lloH plCSSHIGo, duu IL W Dis
resolved to send it forward as it had
been intended. In this contingency, it
was also resolved to notify the Govern
or of South Carolina, that he might ex-
pect an attempt would be made to
provision the fort, and if the attempt
should not be resisted, there would be
no attempt to throw in men, arms, Or
ammunition, without further notice; Or
in case Of an attack upon the fort
The notice was accordingly given,
whereupon, the fort was attacked and
bombarded to it's fall, without even
waiting the arrival of the provisioning
expedition.


1t is thus seen that the assault upon
and reduction of Fort Sumter was in
no sense a matter of self-defense on
the part of the assailants. They well
knew that the garrison in the fort could
by no possibility commit aggressions
upon them. They knew they were ex-
pressly notified that the giving of bread
to the few brave and hungry men of
the garrison was all that would on that
occasion be attempted; unless them
selves, by resisting SO much, should
provoke more. They knew that this
government desired to keep the garri-
son in the fort, not to assail them, but
merely to maintain visible possession,
and thus to preserve the Union from
actual and immediate dissolution
trusting, as heretofore stated, to time,
discussion and the ballot-box for final
adjustment, and they assailed and re-
duced the fort for precisely the reverse
object-to drive out the visible author
itY of the Federal Union, and thus
force it to immediate dissolution.


That this was their object, the Exec
utive we'll understood, and having said
to them in the Inaugural Address, you
can have no conflict without being
yourselves the aggressors, he took
pains not only to keep this declaration
good, but also took the case so far from
--ssagenions sophistry, that the world
should not misunderstood it. But the
affair at Fort Sumter, with it's surround
ING circumstances, thatpoint was reach
ed Then and there the assailants of
the government began the conflict,
without a gun in sight or expectancy
to return their firing, save only the few
in the fort sent O that harbor years be-
fore for their own protection, and still
ready to give that protection III what
ever was loyal.


At this point the insurrectionIsts an,
nounced their purpose ofentering upon
the practice OF privateering. Other
calls were then made for volunteers, to
serve three years unless sooner dis
charged, with large additions to the
regular army and navy. These meas
ures, whether strictly legal or not, were
yentured upon by what appeared to be
q popular demand for public necessi-
ty, trusting then, as now, that Congress
would readily ratify them. 1t is be-
lieved that nothing has been doae be-
yond the constitutional competency OF
Congress.


Soon after the first call for militia, it
was considered duty to authorize the
Commanding General, on proper caus.
es, according to his dis cretion, to sus-
pend the privilege of the ,tabeas corpus,
Or, in other words, to arrest and de-
tain, without resort to the ordinary PRO
cesses and forms of law, such individ-
uals as he might deem dangerous to the
public safety.


This authority has purposely been
exercised, out very sparingly. Never
theless, the legality and propriety Of
what has been done under it, are ques-
tions; and the attention of the country
has been called to the proposition that
one who is sworn TO take care that the
laws are faithfully executed, should not
himself violate them. Of course, some
consideration was given to the quas-
tons Of the power and propriety. Be-
fore this matter was acted upon, the
whole of the laws which were requir-
ed to be faithfully executed, were be-
ing resisted and falling Of execution in
nearly one-third Of the States. Must
they be allowed to finally fail of execu-
ton, even had it been perfectly clear
that by the use of the means uecessa-
ry to their execution, some single law
made in such extreme tenderness ..of the
citizens liberty, that practically it re-
lieves more of the guilty than the inno'
cent, should to very limited extent
be violated: To state the case more
directly, are all the laws but one to sc
unexecuted, and the Government itself
| to 90 to pieces, lest that one be viola,
ted? Even in such a case, would not
the official oath be broken, if the Gov
ernment should be overthrown, wher
it was believed that by disregardine
the single law, would tend to preserve
it?


But it was not believed that thi:
question was presented 1t was no
believed that suy law was violated