Year: 1861

The Presidents Reply.


The following is the reply of the President to the
demand of Col. Hayne that Fort Sumter shall bo
delivered up to South Carolina:


THE FINAL REPLY TO MR.. HAYNE.


WAR DEPARTMENT, Feb. G, 1861.


HiR-Ihe President of the United States has re.
celved your letter of the 3lst ultimo. and has
charged me with the duty of replying thereto


In the communication addressed to the President
by Governor Pckens, under date of the 10Th or
January, and which accompanies yours now be-
fore me, his Excellency says


81 have determined to send to v0u Hon. 7 w
Hayne, the Attorney-General of the State of Soutb
Carolina, and have instructed him to demand the
surrender OF Fort Sumter, in the harbor of Charles
tor, TO the constituted authorities of the State of
South Carolina. The demand | have made of
MAJOR Anderson, and which | now make of Won. is
suggested because of my earnest desire to avoid The
bloodshed which persistence in your atten,pt 10
retain the possession of that fort will cause, and
which will be uuavailing to secure to you that nos
session, 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 correspondence with the Senators to which yc,
refer, to have been modified by subsequent instruc


ons OF his EXcelencv, dated the 2Gth and received
by yourself on the 3Oth of January, in which he
says: ~


"Ifit be so that For. Sumter is held as pronertv
'iiSH 40 PiupSl lue rights, Whatever tley
be, ct the United States can be ascertained and
for the satisfaction of these rights the pledcc ot
the State of South Carolina you are authorized Ia
give" "


The full scope and precise purport of 7our in.
structlons, as thus modified, you have expressed in
the following words


do not come as a military man to demand the
surrender OF the fortress, but as the legal officer of
the State-itS Attorneys claim for the
State the exercise of its undoubted right of emf
nent domain, and 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 sniff
clenty define your position, you add


Ihe proposition now is that her (South CARROLL
na's) law officer should, under authority Of the
Governor and his Council distinctly pledge the
ialth OF South Carolina to make such Compensation
In regard to Fort Sumter and its appurtenances and
contents, to the full extent of the money vana of
the property of the United States delivered over
to the authorities of South Carolina bv your com
mand."


You then adopt his Excellency's train of tbouoht
upon the subject so far as to suggest that the pos
session of Fort Sumter by the United States, 'sif
continued long enough, must lead to collision !"
and that can attack uponit would scarcely improve
1t as property, whatever the result and, if cap.
tured, 1t would no longer be the subject of account


The proposal then, now presented the President
Is simply an offer on the part of South Carolina to
buy Fort Sumter and contents as property of the
United States, sustained by declaration in effect
IudG II sue Is not peTI4tteQ to make the purch
che will seize the fort by force of arms As the in
itiation of negotiation for the transfer of pro-
perty between friendly Governments this pronosa1
lmpresses the President as having assumed most
unusual iorm lie has, however, Investigated the
claim on which it processes to be based apart from
the declaration that accompanies it, And it NAV
be here remarked that much stress has been laid
upon the employment ofthe words ''property'' and
public property" by the President in his several
messages. These are the most comprehensive terms
which be used in Suph pJ
when referring to a fort or any other public es
taollshment, they embraced the entire and undivi-
ded interest of the Government therein.


The title of the United States to Fort Sumter is
complete and incontestible. Were its interest in
this property purely proprietary, in the ordinary
acceptation of the term, it might probably be sub
Jected to the exercise Of the right of eminent do
maln put IL has also political relations to it of a
much higher and more imposing character than
those of mere propretorship. 1t has absolute iu-
rlsdlction over the fort and the soil on which it
stands. This jurisdiction consists in the authority
to "exercise exclusive legislation over the pro.
perty referred to, and is therefore clearly incom-
patible with the claim of eminent domain now in
listed upon by South Carolina. This authority
was not derived from any questionable, revolu-
tionary source, but from the peaceful cession of
South Carolina herself, acting through her Legis-
lature, under a provision of the Constitution of
the United States. South Carolina can no more
assert the right Of eminent domain over Fort Sum
ter than Maryland can assert it over the District





of the United States in either case rest upon pre-
cisely the same ground


The President, however, is relieved from the me-
cessity of further pursuing this inquiry by the fact
that' whatever may be the claim OF South Carolina
to this fort he has constitutional power to cede
or surrender it, The property of the United States
has been acquired by force of public law, and can
only be disposed of under the same solemn sane
tons. The President, as the head of the Executive
branch OF the Government only, can no more sell
and transfer Fort Sumter tn South how
he can sell and convey the Capitol of the United
States to Maryland, or to any other State or ind
yidual seeking to possess it. His Exceency, the
Governor, is too familiar with the Constitution of
the United States, and with the limitations upon
the powers of the Chief Magistrate of the Govern
men it has established, not to appreciate at once
the soundness of this legal proposition.


The question of reinforcing Fort Sumter is so
fully dispoed Of in my letter to Senator Slide and
others, under date of the 22d of January-a copv
of which accompanies this-that its discussion will
not now be renewed. | then said "At the present
moment it is not deemed necessary to rel nforce
Major Anderson, because he makes no such request
Sheuld his safety, however, require reinforcements
every effort will be made to supply Them can add
nothing 10 the explictness of this language which
still applies to the existing status The ripht IN
send forward relnforcements, when in the Judgment
OF the President the safety of the garrison requires
them, rests on the same unquestionable foundation
as the right to occupy the fortress ITSELF


In the letter of Senator Davis and others to your-
e
think it especially due from South Carolina to our
States-to say nothing of other sayeholding States
that she should, as far as she can consistently
with her honor avoid initiating hostities between
her and the United States, any other Power"
and you yourself give to the President the
gratifying assurance that South Carolina has every
disposition to preserve the public peace; and since
he is himself sincerely animated by the same de-
sire, it would seem that this common and patriotic
object must be of certain attainment. 1t is diff
cult, however, to reconcile with this assurance the
declaration on your part that sit is consideration
OF her (South Carolina's) own dignity as a sover-
eign, and the safety of her people, which prompts
her to demand that this property should not longer
be used as military post by government she no
longer acknowledges" and the thought YOU 50
constantly present that this occupation must lead
to collision of arms and the prevalence of civil
war.


Fort Sumter is in itself military post. and moth
ing else; and it would seem that not so much the
TACT as the purpose OF its should give to it hos
tile or friendly character. This fortress is now
held by the Government of the United States, for
the same objects for which it has been held from
the completion of its construction. These are ma.
tlonal and defensive; and were public enemy now
10 attempt the capture of Charleston the de.
structon OF the commerce of its harbor, the whole
1orce OF the batteries of this fortress would be
once exerted for their protection. How the pres
ence of small garrison, actuated by such spirit
as this, can compromise the dignity or honor
of South Carolina, or become source of
irritation to her people, the President is at loss
to understand. The attitude of that garrison, as