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occupant. The interposition of companied yours now before Secretary Holt's Col. Hayne's Final Demand.

Rejoinder. the Senators who have ad me, his Excellency says :

dressed you was a circumstance * I have determined to send to you the Hon. J. W. Hayne," unexpected by my Government, and unsolicited, cer- the Attorney-General of the State of South Carolina, and have tainly, by me. The Governor of South Carolina, while instructed him to demand the surrender of Fort Sumter in he appreciates the high and generous motives by the harbor of Charleston to the constituted authority of South

Carolina. This demand I have made of Major Anderson, and which they were prompted, and while he fully ap- which I now make of you, is suggested, because of my earnproves the delay which, in deference to them, has est desire to avoid the bloodshed which a persistence in taken place in the presentation of this demand, feels your attempt to retain the possession of that fort will cause, that it cannot longer be withheld. I conclude with and which will be unavailing to secure to you that possesan abstract from instructions just received by me

sion, but induce a calamity most deeply to be deplored.' from the Government of South Carolina :

“The character of the demand which was author• The letter of the President through Mr. Holt may be re-ized to be made appears, under the influence, I preceived as the reply to the question you were instructed to sume, of the correspondence with the Senators to ask. As to his assertion of his right to send reenforcements which you refer, to have been modified by the subto Fort Sumter, you were instructed to say to him, if he asserted that right, that the State of South Carolina regarded sequent instructions of his Excellency, dated the such a right when asserted, or with an attempt at its exer- 26th and received by yourself on the 30th of Jancise, as a declaration of war. If the President intends it uary, in which he says: “If it be so, that Fort Sumshall not be so understood, it is proper to avoid any miscon. ter is held as property, the rights, whatever they ception hereafter, that he should be informed of the manner may be, of the United States can be ascertained, in which the Governor will feel bound to regard it. If the and for the satisfaction of these rights, on the pledge President, when you have stated the reasons which prompt of the State of South Carolina, you are authorized the Governor, in making the demand for the delivery of Fort Sumter, upon the pledge you have been authorized to to give the full scope. The precise purport of your make, should refuse, you will communicate that refusal instructions, as thus modified, you have expressed without delay to the Governor. If the President shall not in the following words: 'I do not come as a military be prepared to give you an immediate answer, you will com

man to demand the surrender of a fortress, but as municate to him that his answer may be transmitted within a reasonable time to the Government at this place, (Charles- the legal officer of the State, its Attorney-General

, ton.) 'The Governor does not consider it necessary that you to claim for the State the exercise of its undoubted should remain longer in Washington than is necessary to ex- right of eminent domain, and to pledge the State to ecute this, the closing duty of your mission, in the manner make good all injury to the rights of property which now indicated to you. As soon as the Governor shall re.

arise from the exercise of the claim,' and lest this ceive from you information that you have closed your mission, and the reply, whatever it may be, of the President, explicit language should not sufficiently define your he will consider the conduct which may be necessary on position, you add : The proposition now is that her his part.'

(South Carolina's) law officer should, under the au“ Allow me to request that you will, as soon as thority of the Governor and his council, distinctly possible, inform me whether, under these instruc- pledge the faith of South Carolina to make such tions, I need await your answer in Washington, and compensation in regard to Fort Sumter and its apif not, I would be pleased to convey from you to my partenances and contents, to the full extent of the Government information as to the time when an an- money value of the property of the United States de swer may be expected in Charleston.”

livered over to the authorities of South Carolina by The reply to this communication was not your command. You then adopt his Excellency's made until February 6th, when it was an- train of thought upon the subject, so far as relates swered, at some length, by Secretary Holt. to the suggestion that the possession of Fort Sumter It is an important paper in all its bearings, in by the United States, if continued long enough, nust defining what must be the relation of the lead to a collision, and that an attack upon it would Federal Government to its property every- scarcely improve it as property, whatever the rewhere, what its rights of jurisdiction, and sult and if captured it would no longer be the sub

ject of account. the nature of its political supremacy. We therefore give it at length:

“ The proposal, then, now presented to the Presi“WAR DEPARTMENT,

dent, is simply an offer, on the part of South CaroSecretary Holt's

Feb. 6, 1861.

lina, to buy Fort Sumter and contents as property of Rejoinder. "SIR: The President has re

the United States, sustained by a declaration in ceived your letter of the 31st ult., and has charged effect that if she is not permitted to make a purchase, she me with the duty of replying thereto. In the com- will seize the Fort by force of arms. munication addressed to the President by Gov. Pick “ As the invitation of a negotiation for the transens, under date of the 12th January, and which ac- fer of property between friendly Governments, this

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SECRETARY HOLT'S REJOINDER.

293

proposal impresses the Presi- / which accompanies this, that its Secretary Holt's Rejoinder. dent as having assumed a most discussion will not be renewed.

Secretary Holt's

Rejoinder. unusual form. He has, however, I then said: 'At the present moinvestigated the claim on which it professes to be ment it is not deemed necessary to reenforce Major based, apart from the declaration that accompanies Anderson, because he makes no such request. Should it. And be it here remarked, that much stress has his safety, however, require reenforcements, every been laid upon the employment of the words ' pro- effort will be made to supply them. I can add perty and public property,' by the President, in his nothing to the explicitness of this language, which several messages. Those are the most comprehensive still applies to the existing status. The right to send terms which can be used in such a connection; and, forward reenforcements, when, in the judgment of surely, when referring to a fort, or any other public the President, the safety of the garrison requires establishment, they embrace the entire and undi-them, rests on the same unquestionable foundation vided interest of the Government therein. The title as the right to occupy the fortress itself. In the letof the United States to Fort Sumter is complete and ter of Senator Davis and others to yourself, under incontestible. Were its interests in the property date of the 15th ult., they say, 'We therefore think proprietary, in the ordinary acceptation of the term, it due from South Carolina to our States, to say noit might probably be subjected to the exercise of the thing of the other Slaveholding States, that she right of eminent domain. But, it has also political should, as far as she can consistently with her honor, relations to it, of much higher and more imposing cha- avoid initiating hstilities between her and the racter than those of mere proprietorship. It has ab- United States or any other power,' and you now, solute jurisdiction over the Fort and the soil on which it yourself, give the President the gratifying assurance stands. This jurisdiction consists in the authority that South Carolina has every disposition to preto exercise exclusive legislation over the property serve the public peace, and since he is, himself, sinreferred to, and is therefore clearly incompatible cerely animated by the same desire it would seem with the claims of eminent domain now insisted on that this common and patriotic object must be of by South Carolina. This authority was not derived certain attainment. It is difficult, however, to refrom any questionable revolutionary source, 'but concile with this assurance the declaration on your from the peaceful cession of South Carolina herself, part that it is 'a consideration of her (South Caroacting through her Legislature, under a provision lina's) own dignity as a sovereignty, and the safety of the United States. South Carolina can no more of her people, prompts her to demand that this proassert the right of eminent domain over Fort Sumter than perty should not longer be used as a military post Maryland can assert it over the District of Columbia. by a Government she no longer acknowledges.' The political and proprietary rights of the United The thought you so constantly present is, that this States, in either case, rest upon precisely the same occupation must lead to a collision of arms and the grounds.

prevalence of civil war. Fort Sumter is, in itself, “ The President, however, is relieved from the ne a military post and nothing else, and it would seem cessity of further pursuing this inquiry, by the fact that not so much the fact, as the purpose of its use, that, whatever may be the claim of South Carolina should give to it a hostile or a friendly character. to this Fort, he has not constitutional power to cede This fortress is now held by the Government of the or surrender it. The property title in the State has United States for the same objects for which it has been acquired by the force of public law, and can been held from the completion of its construction. only be disposed of under the same solemn sanctions. These are national and defensive, and were a public The President, as the head of the Executive branch of enemy now to attempt the capture of Charleston, or the Government only, can no more sell and transfer the destruction of the commerce of its harbor, the Fort Sumter to South Carolina, than he can sell and whole force of the batteries of this fortress would be convey the capital of the United States to Maryland, exerted for their protection. How the presence of or to any other State or individual seeking to possess a small garrison, actuated by such a spirit as this, it. His Excellency, the Governor, is too familiar can compromise the diguity or honor of South Carowith the Constitution of the United States, and with lina, or become a source of irritation to her people, the limitations upon the powers of the Chief Magis- the President is at a loss to understand. The attitrate of the Government it has established, not to tude of that garrison, as has been often declared, appreciate at once the soundness of this legal pro- is neither menacing, nor defiant, nor unfriendly. It position.

is acting under orders to stand strictly on the defen"The question of reenforcing Fort Sumter is so sive, and the Government and people of South Carofully disposed of in my letter to Senator Slidell, and lina must well know that they can never receive others, under date of the 22d of January, a copy of | anght but shelter from its guns uvless, in the ab

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sence of all provocation, they | assault, and the ardor of the troops spent itSecretary Holt's Rejoinder.

should assault it and seek its self in expediting the works on the islands destruction.

and in doing guard duty. To prevent reen“ The intent with which this fortress is held by the forcements being thrown into Sumter was President is truthfully stated by Senator Davis, and the order, and a most unceasing vigilance others, in their letter to yourself of the 15th of January, in which they say: * It is not held with any

reigned over the waters and approaches. unfriendly or hostile purpose toward your State, but

of the general news of merely as property of the United States, which the the week we may mention News of the week President deems it his duty to protect and preserve, the following items : If the announcement so repeatedly made, of the January 27th, the Kentucky Legislature President's pacific purposes in continuing the occu adopted, almost unanimously, the Virginia pation of Fort Sumter, until the question shall have resolutions, guaranteeing the right of transit been settled by competent authority, has failed to of Slaves through Free States. impress the Government of South Carolina, the for January 29th, the Missouri Legislature bearing conduet of his Administration, for the last adopted resolutions, reported from the House few months, should be received as conclusive evi- Committee on Federal Relations. dence of his sincerity; and if this forbearance, in

January 30th, the Grand Jury of Washingview of the circumstances which have so severely tried it, be not accepted as a satisfactory pledge of ton City found true bills of indictment the peaceful policy of this Administration toward against Godard Bailey, Wm. H. Russell, and South Carolina, then it may be safely affirmed, that John B. Floyd, as follows: Three cases neither language nor conduct can possibly furnish against Bailey for larceny, in abstracting the one. If, with all the multiplied proofs which exist bonds intrusted to his custody; one joint inof the President's anxiety for peace, and of the dictment against Bailey and Russell, for abearnestness with which he has pursued it, the autho- stracting the missing bonds: three indictrities of South Carolina shall assault Fort Sumterments against Russell, for receiving the stolen and peril the lives of the handful of brave and loyal bonds, and one joint indictment against Baimen shut up within its walls, and thus plunge our ley, Russell and Floyd, for conspiring tocountry into the horrors of civil war, then upon gether to defraud the United States Gorthem and those they represent must rest the respon

ernment.* sibility.--Your obdient servant, (Signed) “ J. HOLT,

January 30th, the North Carolina Legisla** Secretaryof War.

ture, after many days of debate, decided to “ To Hon. I. W. Hayne, Attorney-General of the State call a State Convention, of South Carolina." Col. Hayne's answer to

A dispatch from Washington, February 1st, thus Col. Hayne's Reply this able document was not

stated the matter :

“It is ascertained that Mr. Floyd's whole acceptsent in by the President to

ances were $6,900,000. Of these Mr. Russell and Congress along with his message of Feb. 8th, partners retired about $3,000,000, first and last, and as it came too late for transmission. The

can account for half a million more. It therefore position assumed by Mr.Holt only made Gov. appears that at least $3,000,000 are still floating Pickens too glad to turn over the question of about, held by innocent parties, or were discounted occupancy to the Southern Confederacy. No by banks and individuals. Mr. Bailey, who abstractapprehensions existed in Washington of an ed the bonds from the Interior Department, has assault by the Governor's orders. The only never been examined before the Committee of Indanger was in the rashness of the war faction, vestigation, and for legal reasons, which may appear which, led by the fiery Mercury, fairly chafed hereafter. The act of 1857, which is supposed to re

lieve witnesses of Congressional Committees from under the Governor's refusal to precipitate matters. It was considered “humiliating

prosecution, will doubtless be pleaded for the bene

fit of some of the parties to this mammoth robbery. that that offensive rag (the Stars and Stripes) Lawyers already maintain that the indictment should be flaunted in their faces, and that a against Messrs. Russell, Floyd and Bailey for a conhandful of men should be permitted to insult spiracy to defraud the Government, is for a crime the dignity of the State by their presence.” not known in the criminal statutes. They will all Nevertheless, the Governor did not order the probably escape punishment."

CHAPTER XX.

COMPROMISE IMPOSSIBLE. IVERSON'S FAREWELL. VIRGINIA'S

POSITION. TEXAS SENTIMENT. VARIOUS PROPOSITIONS. THE SPEECHES OF PRYOR, STEVENS, HARRIS, WINSLOW, VAN WYCK, CONKLING, LATHAM,

HAMILTON,

AND OTHERS. COCIRANE'S IMPOST BILL, KELLOGG'S RESOLUTIONS, ETC., ETC.

IF public interest in the tutional clause to guarantee that recognition Irreconcilable Dif

proceedings of Congress against any future legislation--it demanded ferences.

did not become intensified the division of the unsettled domain, whereby as the session advanced, it was from weari- a due proportion should forever be debarred ness of debate and not from want of import- to freedom and consecrated to slavery. To ance in the doings of both Houses. The concede the claim—to accede to the demand week under consideration—the ninth of the -were to confess the election of Mr. Lincoln session--witnessed efforts of great power and to be a wrong, the Republican party to be a significance from leading men; and, though dangerous political organization, the Conno advance was made toward the ardently stitution to be imperfect, and the principle wished-for peaceful adjustment of sectional of a majority rule to be a fiction. At least, differences, it was rather from the absolutely so reasoned the masses of the party—so felt irreconcileable nature of those divisions than their leaders in Congress; and, so reasoning from a want of the spirit of kindness and and feeling, to have compromised upon any conciliation. With very few exceptions, Con- plan offered, would have argued an abasegressmen not only felt kindly toward each ment of which they could not be guilty. The other, but strove, in their very hearts, to ac- South had raised the standard of revolution to complish the peace so congenial, so desira- force the concessions demanded; therefore ble to all. Outward things urged them to she would not accept less. To have accepted compromise ; the prosperity of the country, less would have argued defeat, at once fothe happiness of the people, the hopes of the reign to its spirit and its principles. future all seemed to hang upon that word; Hence, though Mr. Seward offered the while the truly self-sacrificing spirit of the olive branch--though Mr. Adams poured oil mass of members plead with them on the upon the seething waters—though patriotic floors and in the quiet of their chambers for Southern men extended hands for fellowship, peace, peace. That peace nor compromise there swept beneath the outward sea of grew out of their labors was owing solely to troubles a tide of feeling, a strength of purthe gulf of principle which lay between the pose, which words were powerless to calm. contestants. No subtle ingenuity of leaders The great ship of state staggered before the could bridge it even with a frail tracery storm. Not even jurymasts of compromise of meaningless words ; its depths neither would hold—not even staysails of resolutions party would consent to fill up by the melting would stand-not even the ponderous flukes away of their own mountains of political and of the Constitution anchor would grapple to social antagonisms. The South stood ready make her fast. But, with a seemingly blind and solicitous to treat; but it named as its instinct, she drifted off the lee-shore and terms what the Republicans could not yield gained an offing, where to ride down the elewithout sacrificing the heart-principle of ments in comparative safety to her hull. their party organization. It claimed a recog- Though upper-works and motive-power were nition of property in man-it exacted a consti- I gone, if the hull were left unshattered, all

might be repaired, and the glorious creature to Slavery than for discharging him as a freeman. once again go forth, vigorous with life and Surely the prayer of men of Massachusetts for such strength. The seemingly blind instinct that objects ought to be heeded by the Senate of the bore her from the shore, was the deep, resistless

United States." undercurrent of American Idea, which exists

Mr. Iverson, of Georgia, having received of beneath the surface of our political organism, ficial notice of the secession of his State, of our daily progress, of our conflicting passed the notice and the Ordinance of Secespopular processes, to bend all things to its sion up to the Secretary to be read from his superhuman agency, as if the hand of Destiny desk. After the reading, the Senator analons were the impressing power.

The nounced his withdrawal from the Senate, in American Idea! Mysterious, silent, yet su- the following terms:preme; typified in Union and embodied in “The paper which has just Democracy; potential against all forms, and

been read informs the Senate, Iverson's Farewell.

which has already been animpermeating the age with its humanising

nounced to the public, that the State of Georgia, by influence, it was the generator of our political

a solemn act of Sovereign Convention, has withbeing—the monitor of our ways and must ever drawn from the Federal Union. She is no longer be the preserver of our distinctive and glo- one of the United States of America, but has resumrious Republic.

ed all the powers granted by her to the Federal The Senate's session of Monday (January | Government, and asserted her independence as a 28th) was marked by the reception of a num- separate and sovereign State. In performing this ber of petitions from the people, presented important and solemn act, she has been influenced by Seward, Wilson and Crittenden, praying by the deliberate and firm convictions that her safefor the passage of compromise resolutions. ty, her interest, and her honor demanded it. The Mr. Wilson, in presenting the petition of citi- opinion of her people has been gradually tending to

this point for the last ten years, and recent events zens of Newburyport, made some severe reflections on the petitioners, who prayed for of the people have elected delegates to a Conven

have confirmed it; and an overwhelming majority the speedy adoption of the Crittenden reso

tion, and expressed in that election a determination lutions. He said:

to withdraw from the Federal Union. And the Con“These men prayed for the vention, by a like decisive majority, has passed the Wilson's Satire. adoption of the amendments to

Ordinance of Secession. the Constitution proposed by “Georgia is one of six States which, in less than the Senator from Kentucky, to wit: The recognition sixty days, have dissolved their connection with the of Slavery and its protection South of latitude 30 Federal Union, and declared their separate indedeg. 30 min., not only in the existing Territory, but pendence. Steps are now in progsess to form a in Territory not yet conquered, purchased, or stolen; Confederacy of their own, and, in a few weeks at the denial of any power in Congress to abolish the furthest, a Provisional Government will be Slavery in the District of Columbia while it existed formed, giving them ample powers for their own in Virginia, or to prohibit the transportation of slaves defense, with power to enter into negotiations with from one State to another, or to Territories recog- other nations, to make war, to conclude peace, nizing Slavery; to pay the owner the full value of a

to form treaties, and do all other things which indefugitive slave when the Marshal was prevented from pendent nations may of right do. Provision will be arresting him by intimidation, and to take from per- made for the admission of other States to the new sons of African race the right of suffrage which they Union, and it is confidently believed that, within a have possessed in Massachusetts since the Constitu- few months, all the Southern States of the late Contion, passed by the Revolutionary fathers, was federacy will be formed into a Union far more homoadopted in 1780, and acquire territory in Africa or

geneous, and, therefore, far more stable than the South America, and send at the expense of the Fed

one now broken up. I have only to say that this eral Treasury, such free negroes as the States may action of my own State, and of her Southern neighwish to have removed from their limits. For the bors and sisters, meets the approval of my well-conadoption of these honorable and humane provisions sidered and deliberate judgment, and as one of her in the Constitution beyond the power of the people native sons and subjects, I shall cheerfully cast my ever to change, the people of the Free States would lot with her and them. And, sink or swim, live or secure the immense concession of making the fee of die, I shall be of and with her and them to the last. the Commissioner no greater for remanding a man * By the secession of the Southern States, and the

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