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FURTI ER CORRESPONDENCE.

217

tion of the United States has 1 bar to warn all approaching Governor Pickens'

Governor Pickens' Reply. been solemnly asserted by the vessels, if armed or unarmed,

Reply. people of this state in Conven- and having troops to reenforce tion, and now does not admit of discussion. In an the fort on board, not to enter the port of Charlesticipation of the Ordinance of Secession, of which the ton; and special orders have been given to the comPresident of the United States had official notification, manders of all the forts and batteries not to fire at it was understood by him that sending any reenforce- such vessels until a shot fired across their bows ments of troops of the United States in the harbor of would warn them of the prohibition of the State. Charleston would be regarded by the constituted au “Under these circumstances, the Star of the thorities of the State of South Carolina as an act of West, it is understood, this morning attempted to hostility, and at the same time it was understood by enter this harbor with troops on board, and having him that any change in the occupation of the forts been notified that she could not enter, was fired into. in the harbor of Charleston would in like manner be The act is perfectly justified by me. In regard to regarded as an act of hostility. Either or both of your threat in regard to vessels in the harbor, it is these events occurring during the period in which only necessary to say that you must judge of your the State of South Carolina constituted a part of the responsibility. Your position in this harbor has United States, was then distinctly notified to the been tolerated by the authorities of the State, and

President of the United States as an act or acts of while the act of which you complain is in perfect • hostility, because either or both would be regarded consistency with the rights and duties of the States,

and could only be intended to dispute the right of it is not perceived how far the conduct which you the State of South Carolina to that political inde- propose to adopt can find a parallel in the history pendence which she has always asserted and will of any country, or be reconciled with any other puralways maintain.

pose of your Government than that of imposing “Whatever would have been, during the contin upon this state the condition of a conquered provnance of this State while a member of the United ince.

“F. W. PICKENS." States, an act of hostility, became much more so The Legislature being in session this corwhen the State of South Carolina had dissolved all respondence was immediately laid before it, connection with the Government of the United when, after its reading, the following resoluStates. After the Secession of South Carolina, Fort tions were immediately adopted : Sumter continued in the possession of the troops of

Resolved, That this General Assembly looks upon the United States. How that fort is at this time in possession of the troops of the United States, it is any attempt to reenforce the troops now in possesnot now necessary to discuss. It will sı.ffice to say sion of Fort Sumter as an act of open and undisguisthat the occupancy of that fort has been regarded ed hostility on the part of the Government of the

United States. by the State of South Carolina as the first act of positive hostility committed by the troops of the United Resolved further, That this General Assembly States within the limits of this State, and was in this learns with pride and pleasure of the successful relight regarded as so unequivocal, that it occasioned sistance this day by the troops of this State acting the termination of the negotiation, then pending at under orders of the Governor, to an attempt to reenWashington, between the Commissioners of the State force Fort Sumter. of Soutk Carolina and the President of the United Resolved further, That this General Assembly enStates. The attempt to reenforce the troops now tirely approves and indorses the communication of in Fort Sumter, or to retake and resume possession the Governor this day made to Major Anderson. of the forts within the waters of this state which you

"Resolved further, That this General Assembly abandoned, after spiking the guns placed there, and pledges itself to an earnest, vigorous and unhesitatdoing otherwise much damage, cannot be regarded ing support of the Governor in every means adopted by the authorities of the State as indicative of any by him in defense of the honor and safety of the other purpose than the coercion of the State by the

State." armed forces of your Government. To repel such

This was soon succeeded an attempt, is too plainly a duty to allow it to be

Further Correspon. discussed ; and while defending its waters, the au

by a further communica

dence. thorities of the State have been

careful so to conduct tion from the Governor, enthe affairs of the State that no act, however neces-closing Major Anderson's reply to the Gover. sary for its defense, should lead to a useless waste nor's answer to his first note. The documents of life. Special agents, therefore, have been off the read :

“EXECUTIVE OFFICE, January 9, 1861. the Government, has been fired upon at the To the Senate and House of Representatives :

entrance of Charleston Harbor, by order of “I have just this moment received, under a white the authorities of the State of South Carolina, flag, from Major Anderson, Commandant at Fort and the communication of the Government Sumter, another note, a copy of which accompanies with one of its military posts thus forcibly this.

prevented, there is but one course to pursue. " I immediately granted the permission desired, and directed every facility and courtesy extended to

The authority and dignity of the Government the bearer of his dispatches (Lieut.-Talbot) for his must be vindicated at every hazard. The isGovernment, going and returning.

sue thus having been made, it must be met “FRANCIS W. PICKENS.'! and sustained, if necessary, by the whole

power of the navy and army. We take it for "HEADQUARTERS, FORT SUMTEK, S.C., l

"January 9, 1861. granted, that, if the present version of the af" To his Excellency F. W. Pickens, Governor af the fair is correct, a vessel of war will be disState of South Carolina :

patched and will enter the harbor and com“Sir: I have the honor to acknowledge the receipt municate with Major Anderson at any cost. of your communication of to-day, and to say, that Thus much is necessary to preserve for the under the circumstances I have deemed it proper to Government a decent respect, both at home refer the whole matter to my Government, and that and abroad.” The editor “ took for granted" I intend deferring the course indicated in my note what did not follow. The President, eviof this morning until the arrival from Washington of dently alarmed at the crisis thus thrust upon the instructions I may receive. I have the honor him, neither ordered the Star of the West also to express the hope that no obstructions will be placed in the way of, and that you will do me the back; nor the Brooklyn and Harriet Lane, favor of giving every facility to, the departure and vessels of war, to Charleston; nor did he aureturn of the bearer, Lieut. T. Talbot, United States thorize Major Anderson to execute his threat; Army, who has been directed to make the journey, nor did he allow the Major the poor privi“ I have the honor to be, very respectfully, lege of shelling the offending battery and

“ROBERT ANDERSON, Fort Moultrie for their treason and insolence. “ Major United States, Commanding.” He had to sit upon his lonely ramparts, day

If anything was wanting by day, there to watch the swarms of soldiers Popular Indignation. to cement the Union senti- and negroes on the islands around him throw

ment in the North, nothing ing up batteries and preparing for his decould have been conceived better calculated struction. No order, no encouraging voice to arouse the feeling of resistance to the revo came from Washington to inspirit him. But, lution than this firing on the American flag. from the twenty millions of loyal lips went The indignity of the act awoke, in the hearts up a shout which must have thrilled his soul of all classes and parties in the North, but like the sound of an Archangel's clarion. The one emotion--that of indignation, and a re- people were true; and, thus comforted, the solve to avenge the insult. The unity of little garrison labored incessantly, to its utpopular sentiment produced by the dispatches most strength, to mount the guns which announcing the news, resembled the gather-would be needed for the assault seemingly ing of the elements preparatory to a terriffic.close at hand. Sumter seemed left to its fate. storm. All issues were suddenly merged in It lay out in the waters, silent and gloomy, that of resentment for the outrage offered the like a sullen thought in the Nation's heart. Government. This may be inferred from the It ere long became radiant with fires which tone of the opposition press, which, up to shot from its ports, not only to Moultrie and that moment, had clamoured for compromise Morris island, but to the farthest verge of the and had deprecated all thoughts of coercion. Union, to kindle the beacons of patriotism Thus the Breckenridge organ at Albany said: on every hill, and in every valley of the

“If the Star of the West, in commission of teeming North.

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CHAPTER XIII.

SECRETARY OF THE INTERIOR RESIGNS. MR. HOLT IN TIE WAR

DEPARTMENT, THE PREVALENCE OF TREASON. THE LAW OF TREASON. RESIGNATION OF

MR. THOMAS AND APPOINTMENT OF GENERAL DIX TO THE TREASURY.

Hon. JACOB THOMPSON, | ances, and declared his purpose to do his Resignation of Mr.

Secretary of the Interior, whole duty, fearlessly. Thompson.

resigned his Cabinet seat, Mr. Holt, PostmasterThursday, January 8th. His reasons were, General, continued to dis- The War Department, that: “after the order to reenforce Major charge the duties of the Anderson was countermanded, on the 31st of War Department. His labors were almost December, there was a distinct understanding exclusively performed in General Scott's that no troops should be ordered South with office, where he could find not only privacy, out the subject being considered and decided but could, at all moments, obtain the wise on in the Cabinet, At the Cabinet meeting, counsel of the veteran Lieutenant-General. on the 2d of January, the matter was again Spies and Southern emissaries lurked everydebated, but not determined. Notwithstand where, and scarcely a whisper was uttered ing these facts, the Secretary of War, without which did not seem to be heard and repeated the knowledge of Secretary Thompson, sent to the Government's detriment. Eminent 250 troops in the Star of the West to reenforce men from the South stooped to the mean poAnderson. Not learning of this till Tuesday sition of tale-bearers and special reporters; morning, he forthwith resigned.” The resig- while the army of Southerners in employ of nation proved a relief rather than an embar- all the departments, in all branches of the rassment to the President. He was, like all Civil service, in the Army and Navy-almost the Southern men in the Cabinet, inimical to without exception—became petty informers, a policy of resistance to the revolution, and plotting and intriguing against the Governserved only to distract the Cabinet Coun- ment whose bounty they were living upon. cil. The remaining Southern member, Mr. Such wide spread and thorough demoralizaThomas, of Maryland, Secretary of the Treas- tion of the sentiment of honor never before ury, was less offensive than any of those who was witnessed in America : may it never again had withdrawn; but, being a “Southern be seen! Mr. Holt brought to the duties of man," his resignation was, also, daily looked his responsible position courage, patriotism for, and, by the great mass of the people and and industry quite equal to the extraordinary Members of Congress, was desired.

emergencies by which he was environed, and Congress not being in session Tuesday, Mr. Southern men beheld in him the controlling Buchanan was waited upon by a large num- genius of the unqualified Union policy. ber of Congressmen, as well as by eminent January 9th, the tele-,

The Immmunity persons then in Washington, to be congratu- graph said: "The Cabinet is lated on the growing sentiment for Union. now in session, deliberating He was quite generally assured that his policy upon the propriety of arresting Toombs, of of resistance would not only gratify the ma- Georgia, and Wigfall, of Texas, for high jority of the people, but that they would be treason." One of the most frequent inquiries satisfied with nothing less than a firm en- made by the people was—why are not these forcement of the laws. The President ex men arrested, whose words and actions are pressed much gratification with these assur- plain treason ? It was not answered. One

Shown Treason.

excuse offered was the impossibility of sus- ! The crime of treason is thus defined by the taining the arrests with sufficient force to Constitution [Art. III., sec. 3] : “ Treason make them secure; but the Constitutional against the United States shall consist only in timidity of the President, and the opposition levying war against them, or in adhering to offered by the venerable man who occupied their enemies, giving them aid and comfort. the position of Chief Justice of the United No person shall be convicted of treason unStates Supreme Court,* were, doubtless, the less on the testimony of two witnesses to the real causes of the latitude granted to men same overt act, or on confession in open who were writing and preaching the most Court." The same section also stipulates undoubted treason; were buying arms to that Congress shall have power to declare use against the Government; were exciting the punishment of treason. In exercising sedition and corrupting the loyalty of those this power Congress passed its act of April still true to the Union and the Constitu- 30th, 1790, in which it is declared : tion.t

“If any person or persons,

owing allegiance to the United The Law of Treason. * Mr. F. C. Treadwell, of New York, on Jan. 16th, States of America, shall levy proceeded to Washington, to enter formal complaint war against them, or shall adhere to their enemies, against a large number of the leading Secessionists. giving them aid and comfort, within the United This complaint, legal and pro forma in its nature, was States, or elsewhere, and shall be thereof convicted, returned by the Clerk of the United States Supreme on confession in open court, or on the testimony of Court, with the message from Judge Taney-not the two witnesses to the same overt act of treason written endorsement (for that would have been evi- | whereof he or they shall stand indicted, such person dence of his own complicity,) as such cases required | or persons shall be adjudged guilty of treason against

—that “they were improper papers to be presented | the United States, and shall suffer death. to the Court." The United States Supreme Court “If any person or persons, having knowledge of thus planted itself before the conspirators to give the commission of any of the treasons aforesaid, them immunity from arrest. No wonder the Presi- / shall conceal, and not, as soon as may be, disclose dent was hesitating, when even the Supreme Bench and make known the same to the President of the offered sympathy to treason !

United States, or some one of the judges thereof, or † The following resolutions, as indicative of the to the President or Governor of a particular State, sentiments of a large body of the people, unanimously or some one of the judges or justices thereof, such passed the Central Republican Club of New York person or persons, on conviction, shall be adjudged City, January 10th :

guilty of misprision of treason, and shall be impris“ Whereas, A band of traitors in the Cabinet at oned not exceeding seven years, and fined not exWashington, in both Houses of Congress, and in sev. ceeding one thousand dollars." eral of the Southern States of this Republic, havel Chief Justice Marshall, in administering made war against the United States ; have seized | this act, thus interpreted it:forts, arsenals, and other public property ; robbed

" It is not the intention of the Courts to say that the Treasury, obstructed the telegraph, and com

no individual can be guilty of this crime who has not mitted other acts of violence, in combination and

appeared in arms against his country. conspiracy against the people of the United States,

“On the contrary, if war be actually levied-that and their Constitution of Government, for the pur

is, if a body of men be actually assembled for the pose of introducing Slavery temporarily or perma

purpose of effecting by force a treasonable purpose nently into every State and Territory of this Union ;

--all those who perform any part, however minute, therefore,

or however remote from the scene of action, and Resolved, That the Constitution as it is, provides

who are actually leagued in the general conspiracy, the most perfect system of government known to

are to be considered as traitors." man ; that it needs no amendment, and shall have none, at the beck and call of traitors, or their insolent

“ Overt acts” were everywhere visible mouth-pieces,

throughout the South; while, in the North, Resolved. That we hold ourselves ready, and tender our services to the State, or the National Govern. be “ preserved, protected, and defended," peace ment, or both, to aid to the extent of our power in restored, and the blessings of liberty-of liberty of crushing this formidable and wicked rebellion; de speech and the press, fully and amply vindicated and termined, at all hazards, that the Constitution shall secured."

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THE LAW OF TREASON.

221

open and secret sales of arms and munitions The responsibility of non-action on the part were consummated during all the months of of Congress and the Executive cannot be exDecember, January and February — arms cused on the plea that the States, individuwhich the manufacturers and salesmen knew ally, had power to punish treason committed were to be used against the Government, and, against them, for, what was treason against a beyond question, sold them so to be used. State was equally treason against the common The Adams' Express was an accredited car- country, and, therefore, amenable to the Conrying agent for the transportation of arms to stitutional provision for its punishment. the South; and, during these months, almost Judge Story says: daily transported packages which its agents • The power of punishing the crime of treason knew to contain arms and munitions ordered against the United Statės is exclusive in Congress; by the revolutionary States for use against and the trial of the offence belongs exclusively to the Government. During March, large quan- take cognizance, or punish the offence; whatever it

the tribunals appointed by them. A State cannot tities of clothing were manufactured in Northern cities for Southern troops, and rapidly mitted exclusively against itself, if indeed any case

may do in relation to the offence of treason, comcarried South by this same “Southern ” Ex

can, under the Constitution, exist, which is not, at press, knowing the clothing to be for the aid the same time, treason against the United States." and comfort of the enemies of the Govern- (Com. on Const. § 1296, p. 173, vol. III.] ment. In Washington, as we have stated,

On Congress, the Supreme Court, and the the Departments, the floors of Congress, the Executive, alone must rest the responsibility Army, the Navy, all fairly stiffened with the of non-action. That the growth of the deinsolence and hauteur of treason and mispri- fection was precipitate and wide-spread owsion of treason. Army and Navy officers re- ing to this very smothering of the plain prosigned, with the expressed purpose of taking cesses of the law is now, as it then was, evident service against their Government—some tak even to the most casual observer. ing such service before they could even know A telegram from Washif their resignations were acted upon, as in ington dated the 11th, sta

Further Cabinet

Changes. the cases of Commander Farrand and Lieut. ted that the President had Renshaw, at Pensacola ; while others not even signified to Mr. Thomas, Secretary of the deigned to send in a resignation, but took Treasury, that his resignation was desired.” their vessels with them when they passed This is said to have grown out of a visit of over to the revolutionists, as in the cases of several leading capitalists of New York, as Capt. Coste, Capt. Breshwood, 'and Capt. representatives of the banks of that city, who Morrison-each one of whom betrayed his expressed a willingness and wish to aid Govvessel into the hands of the rebels.

ernment with funds, but felt so little confiHow it will astonish future generations to dence in the Secretary that his removal must read the law of Congress above quoted, and precede any tenders of money. The fact that then to learn that, in the face of all this un- Mr. Thomas was a disunionist—as well as his disguised cooperation and collusion with the first assistant, Mr. Clayton,—was sufficient to conspirators, not one arrest was made—not inspire a want of faith in their integrity of adone indictment for treason! That the violent ministration. The capitalists, it is probable, Secessionists in Congress, the Army ảnd Navy also suggested the nomination, as Secretary officers offering their resignations from seces- of the Treasury, of General John A. Dix, then sion proclivities, the manufacturers and sales- Postmaster of New York City. Mr. Thomas agents of arms,-all should have been arrested resigned (January 11th), and Mr. Dix took the aclmits of no question if the law was to be vacated bureau to try and resuscitate the disconsidered else than a dead letter. That tressed finances of the country from their huArlams' Express Company should have had miliating condition. The shocking mismanits charter confiscated, and its rights and im- agement of that Department by the Secessionmunities sequestered, can hardly be a matter ists Secretaries had almost ruined the credit of argument in the face of that act of Con- of Government; and Mr. Buchanan performgress.

ed a wise act in listening to the counsel of

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