EXECUTIVE DOCUMENTS. No. 3. CORRESPOlSrDElSrCE AND OTHER PAPERS, RKL.\TIXG TO FORT SUMTER. C n AK L HSTON: S T K A H - I' O W K. R P l{ i; S S B S OF EVANS A i' <> ri S W K I. I., No. :j Broad and 103 Ea-st Bay Street. EXECUTIVE DOCUMENTS. No. 2. C O REE S P O ISTD EIST C E AND OTHER PAPERS, RELATIXG TO FORT SUMTER. CHARLESTON: STKAU-POWBR PRESSES OP EVANS i. COGSWHLt,, No. 3 Broad and 103 East Bay Street. 1861 Digitized by the Internet Archive in 2010 with funding from Duke University Libraries http://www.archive.org/details/correspondenceotOOsout CORRESPONDENCE. No. 1. [major ani>p:rson to toe governor.] To His Excellency, the Governor of South Carolina : Sir : Two of your batteries fired this morning upon an unarmed vessel bearing the flag of my Government. As I have not been notified that war has been decLared by South Carolina against the Government of the United States, I cannot but think that this hostile act Avas committed without 3'our sanc- tion or authority. Under that hope, and that alone, did 1 ref^-ain from opening fire upon your batteries. I have the honor, therefore, respectfully to ask whether the above-mentioned act — one I believe without a parallel in the history of our country, or of anj" other civilized Government — was committed in obedience to your instructions, and to notify you if it be not disclaimed, that I must regard it as an act of war, and that I shall not, after a reasonable time for the return of my messenger, permit any vessels to pass within range of the guns of my Fort. In order to save as far as in ray power the shedding of blood, I beg that you will liave due notification of this ray decision, given to all concerned. Hoping, however, that your answer may be such as will jus- tify a further continuance of forbearance on my i)art, I have the honor to be. Very respectfully, Your obedient servant, (Signed) EOBEET ANDERSON, Major 1st Artillerj^ U. S. A., Commanding. Fort Sumter, *S. C, January 9, 1861. 4 No. 2. [the governor to major ANDERSON.] State of South Carolina. Executive Office, Head Quarters, Charleston^ 9 Jcniuary, 18G1. Sir : Your letter has been reeeivqd. In it you make certain statements which very plainly show that you have not been fully informed by your Government, of the j^recise relations which now exist between it and the State of South Carolina. Official information has been communicated to the Government of the United States that the political connection, heretofore existing between the State of South Carolina and the States which were known as the United States, had ceased ; and that the State of South Carolina had resumed all the power it had delegated to the United States under the compact known as the Constitution of the United States. The right which the State of South Carolina possessed to change the political rela- tions it held with other States, under the Constitution of the United States, has been solemnly asserted by the people of this State, in Convention, and now does not admit of discussion. In anticijDation of the Ordinance of Secession, of which the President of the United States had received official notiiication, it was understood by him, that sending any reinforcements of the trooj)s of the United States in the harbor of Charleston, would bo regarded by the constituted authorities of the State of South Carolina as an act of hostility ; and at the same time it was understood by him, that an}' change in the occupation of the forts in the harbor of Cluu'leston would, in like manner, be regarded as an act of hostilit}'. Either or both of these events occurring during the period in which the State of South Caro- lina constituted a part of the United States, was then distinctly notified to the President of the United States as an act or acts of hostility; because either or both would be regarded and could only be intended to dispute the right of the State of South Carolina to that political Independence which she has always asserted and will always maintain. Whatever would have been during the continuance of this State, while a member of the United States, an act of hostility; became much more so, -vvhcn the State of South Carolina had dissolved its connection with tlie Government of the United States. After the secession of the State of South Carolina, Fort Sumter continued in the possession of troops of the United States. How that foi't is at this time in the possession of the troops of the United States, is not now necessar}- to discuss. It will suffice to say that the occupanc}^ of that fort has been regarded by the State of South Carolina as the first act of positive hostility committed by the troops of the United States witliin the limits of this State; and was in this light regarded as so unequivocal, that it occasioned the termiiuition of the ne- gotiations, then pontling at Washington; between the Commis- sioners of the State of South Carolina and the President of the United States. The attempt to reinforce the troops now at Fort Sumter, or to retake and resume possession of the forts within the Avaters of this State, which you have abandoned, after sj)iking the guns placed there, and doing otherwise much damage, cannot be regai'dcd by the authorities of this State as indicative of any other purpose than the coercion of the State by the armed force of the Government. To repel such an attempt is too plainly its duty, to allow it to be discussed. But, while defending its waters, the authorities of the State have been careful so to con- duct the affairs of the State that no act, however necessary for its defence, should lead to an useless waste of life. Special agents, therefore, have been off the bar, to warn all appi-oach- ing vessels, if armed; or unarmed and having ti'oops to reinforce the forts on board ; not to enter the harbor of Charleston ; and special orders have been given to the commanders of all the forts and batteries, not to fire at such vessels, until a shot fired across their bows would warn them of the prohibition of the State. Under these circumstances, the Star of the West, it is under- stood, this morning attempted to enter this harbor, with troops on board ; and having been notified that she could not enter, was fired into. The act is perfectl}' justified by me. In regard to your threat in regard to vessels in the harbor, it is only necessary to say, that 3'ou must judge of your responsi- bilities. Your position in this harbor has been tolerated by the authorities of the State. And while the act of which 3'ou com- 6 plain is in perfect consistency with the ri^rhts and duties of the State, it is not perceived how far the conduct which you pro- pose to adopt, can find a parallel in the historj' of any country; or be reconciled with any other purpose of your Government, than that of imposing upon this State the condition of a con- quei-ed province. (Signed) F. W. PICKENS. To Major Eobert Anderson, Commanding Fort Sumter. No. 3. [major ANDERSON TO THE GOVERNOR.] Head Quarters, Fort Sumter, S. C, January 9, 1861. To his Excellency, F. W. Pickens, Governor of the State of South Carolina : Sir : I have the honor to acknowledge the receipt of your communication of to-day, and to say that, under the circum- stances, I have deemed it proper to refer the whole matter to my Government ; and that I intend deferring the course indi- cated in my note of this morning until the arrival from Wash, ington of the instructions I may receive. I have the honor also to express a hope that no obstructions will be placed in the way of, and that you will do me the favor to afford every facility to, the departure and return of the bearer, Lieut. T. Talbot, U. S. Army, who has been directed to make the journey. I have the honor to be. Very respectfully, (Signed) EOBEET ANDERSON, Major U. S. Army, Commanding. 7 No. 4. [the governor to major ANDERSON.] State of South Carolina, Executive Office, Charleston, ll^A January, 1861. To Major Eobert Anderson, Commanding Fort Sumter : Sir : I have tlionght proper, under all the circumstances of the peculiar state of public affairs in the countrj- at present, to appoint the Hon. A. Gr. Magrath and Gen. D. F. Jamieson, both members of the Executive Council, and of the highest position in the State, to present to you considerations of the gravest public character; and of the deepest interest to all who depre- cate the improper waste of life ; to induce the delivery of Fort Sumter to the constituted authorities of the State of South Carolina, with a pledge, on its part, to account for such public property as is under your charge. Your obedient servant, (Signed) F. W. PICKENS. No. 5. [major ANDERSON TO THE GOVERNOR.] Head Quarters, Fort Sumter, S. C, January 11, 1861. To His Excellency, F. W. Pickens, Governor of /South Carolina : Sir : I have the honor to acknowledge the receipt of your demand for the surrender of this fort to the authorities of South Carolina, and to say, iu reply, that the demand is one with which I cannot comply. Your Excellency knows that I have recently sent a messenger to Washington, and that it will be impossible for me to receive an answer to my dispatches, for- warded by him, at an earlier date than next Monday. What the character of my instructions may be, I cannot foresee. 8 Should jour Excellency deem fit, prior to a resort to arois, to refer this matter to Washington, it would afford me the sincerest pleasure to depute one of my officers to accompany any messenger you may deem proper to be the bearer of j^our demand. Hoj)ing to God that in this, and all other matters in which the honor, welfare and lives of our fellow countrymen are con- cerned, we shall so act as to meet His approval ; and, deeply regretting that you have made a demand of me with which I cannot comply, I have the honor to be, With the highest regard, Your obedient servant, EGBERT ANDERSON, Major U. S. Army, Commanding. No. 6. [the governor to the president of the united states.] State of South Carolina, Executive Office, Head-Quarters, Charleston, January 11, 1861. Sir : At the time of the separation of the State of South Carolina from the United States, Fort Sumter was, and still is, in the possession' of troops of the United States, under the command of Major Anderson. I regard that possession as not consistent with the dignity or safety of the State of South Carolina; and I have this day addressed to Major Anderson a communication to obtain from him the possession of that Fort, by the authorities of this State. The reply of Major Anderson informs me that he has no authority to do what I required ; but he desires a reference of the demand to the President of the United States. Under the circumstances now existing, and which need no comment by me, I have determined to send to you the Hon. I. W. Ilayne, the Attorney G-eneral of the State of South Car- olina, .and have instructed him to demand the delivery of Fort Sumter, in the harbor of Charleston, to the constituted authori- .ties of the State of South Carolina. The demand I have made of Major Anderson, and which I now make of you, is suggested because of my earnest desire to avoid the bloodshed which a persistence in your attempt to retain the possession of that Fort will cause; and which will be unavailing to secure you that possession, but induce a calamity most deeply to be deplored. If consequences so unhapp}' shall ensue, I will secure for this State, in the demand which I now make, the satisfaction of having exhausted every attempt to avoid it. In relation to the public property of the United States within Fort Sumter, the Hon. I. W. llayne, who will hand j'ou this communication, is authorized to give you the pledge of the State that the valuation of such property will be accounted for, by this State, upon the adjustment of its relations with the United States, of which it was a part. (Signed) F. W. PICKENS. To the President of the United States. No. 7 [instructions from the state department of the executive office to non. i. w. hayne.] State of South Carolina, Executive Office, State Department. Charleston, January 12, 1861. Sir: The Governor has considered it proper, in view of the grave questions which now affect the State of South Carolina and the United States, to make a demand upon the President of the United States, for the delivery to the State of South Caro- lina of Fort Sumter, now within the territorial limits of this State, and occupied by troops of the United States. The Convention of the People of South Carolina authorized and empowered its Commissioners to enter into negotiations with the Government of the United States, for the delivery of forts, magazines, light houses, and other real estate within the limits of South Carolina. The circumstances which caused the interruption of that negotiation are known to you : with the formal notification of 10 its cessation, was the urgent expression of the necessity for the -withdrawal of the troops of the United States from the harbor of Charleston. The interruption of these negotiations left all matters con- nected with Fort Sumter and troops of the United States within the limits of this State, affected by the fact; that the continued possession of the Fort was not consistent with the dignity or safety of the State ; and that an attempt to rein- force the troops at that fort would not be allowed. This, therefore, became a state of hostilitj-j in consequence of which the State of South Carolina was placed in a condition of de- fence. During the preparation for this purpose, an attempt was made to reinforce Fort Sumter, and repelled. You are now instructed to proceed to Washington, and there, in the name of the Government of the State of South Carolina, enquire of the President of th- United States, whether it was by his order that troops of the United States were sent into the harbor of Charleston to reinforce Fort Sumter; if he avows that order, you will then enquire, whether he asserts a right to introduce troops of the United States within the limits of this State, to occupy Fort Sumter : and you will, in ease of his avowal, inform him that neither will be permitted; and either will be regarded as his declaration of war against the State of South Carolina. The Governor, to save life, and determined to omit no course of proceeding usual among civilized nations, previous to that condition of general hostilities which belongs to war; and not knowing under what order, or by Avhat authority. Fort Sumter is now held ; demanded fi-om Major Eobert Anderson, now in command of that fort, its delivery to the State. That officer, in his reply, has referred the Governor to the Government of the United States at Washington. You will, therefore, demand from the President of the United States the withdrawal of the troops of the United States from that fort, and its delivery to the State of South Carolina. You are instructed not to alloAV any question of property claimed by the United States to embarrass the assertion of the political right of the State of South Carolina to the possession of Fort Sumter. The possession of that fort by the State is alone consistent with the dignity and safety of the State of South Carolina : but such possession is not inconsistent with a right 11 to compensation in money in another Government, if it has against the State of South Carolina any just chiim connected with that fort. But the possession of the fort cannot, in regard to the State of South Carolina, be compensated by any consid- eration of any kind from the Government of the United States, when the possession of it by the Government is invasive of the dignity and affects the safety of the State. That possession cannot become now a matter of discussion or negotiation. You will, therefore, require from the President of the United States a positive and distinct answer to your demand for the delivery of the fort. And you are further authorized, to give the pledge of the State to adjust all matters which may be, and are in their nature, susceptible of valuation in mone}'; in the manner most usual, and upon the principles of equity and justjce always recognized by independent nations, for the ascertain- ment of their relative rights and obligations in such matters. You are further instructed to say to the President of the United States, that the Governor regards the attempt of the President of the United States, if avowed, to continue the pos- session of Fort Sumter; as inevitably leading to a bloody issue, a question which, in the judgment of the Governor, can have but one conclusion; reconcilable with a due regard to the State of South Carolina, the welfai'c of the other States which now constitute the United States, and that humanity which teaches all men, but particularly those, who in authority control the lives of others; to regai'd a resort to arms, as the last which should be considered. To shed their blood in defence of their rights is a dutj", which the citizens of the State of South Caro- lina fully recognize. And in such a cause, the Governor, while deploring the stern necessity which may compel him to call for the sacrifice; will feel that his obligation to preserve inviolate the sacred rights of the State of South Carolina, justify the sacrifice necessary to secure that end. The Governor does not desire to remind the President of the responsibilities which are upon him. Respectfully, 3-our obedient servant, A. G. MAGRATH. To Hon. I. W. IIayne, Special Envoy from the State of South Carolina to the President of the United States. 12 No. 8. [letter of senators of seceding states to HON. I. W. HAYNE.] "Washington City, January 15th, 18G1. Ilon. Isaac W. Hayne : Sir : Wc are apprised that you visit Washington, as an Envoy from the State of South Carolina, bearing a communi- cation from the Governor of j^our State to the President of the United States, in rehxtion to Fort Sumter. Without knowing its contents, we ventui*e to request you to defer its delivery to the President for a few days, or until you and he have consid- ered the suggestions which we beg leave to submit. We know that the possession of Fort Sumter by troops of the United States, coupled with the circumstances under which it was taken, is the chief, if not only, source of difficulty be- tween the Government of South Carolina and that of the United States. We would add, that we, too, think it a just cause of irritation and of apprehension on the part of your State. But we have also assurances, notwithstanding the cir- cumstances under which Major Anderson left Fort Moultrie and entered Fort Sumter with the forces under his command; that it was not taken, and is not held, with any hostile or un- friendly purpose towards your State; but merely as property of the United States, which the President deems it his duty to protect and preserve. We will not discuss the question of right or duty on the part of either Government touching that property, or the late acts of either in relation thereto ; but we think that, without any compromise of right or breach of duty on either side, an ami- cable adjustment of the matter of difterences may and should be adopted. We desire to see such an adjustment, and to pre- vent war or the shedding of blood. We represent States which have already seceded from the United States, or will have done so before the first of February next, and which will meet your State in Convention on or before the fifteenth of that month. Our people feel that they have a common destiny with your people, and expect to form with them, in that Convention, a new Confederation and Provisional Government. We must and will share your fortunes, suffering wdth you the evils of 13 war, if it cannot be avoided ; and enjoying with you the bless- ings of peace, if it can be preserved. We, therefore, think it esjDecially due from South Carolina to our States — to say noth- ing of other slaveholding States — that she should, as far as she can consistently with her honor, avoid initiating hostilities between her and the United States or any other Power. We have the public declaration of the President, that he has not the constitutional power or the will to make war on South Carolina, and that the public peace shall not be disturbed by any act of hostility towards j'our State. We, therefore, see no reason why there may not be a settle- ment of existing difficulties, if time be given for calm and deliberate counsel with those States Avhich are equally involved with South Carolina. We, therefore, trust that an arrange- ment will be agreed on between you and the President, at least till the rifteenth February uextj b}^ which time your and our States may, in Convention, devise a wise, just and peaceable solution of existing difficulties. In the meantime, we think your State should suffer Major Anderson to obtain neccssaiy supplies of food, fuel or water, and enjoy free communication, by post or special messenger, with the President; upon the understanding that the President will not send him reinforcements during the same period. We propose to submit this proposition and your answer to the President. If not clothed with power to make such arrangement, then we trust that. you will submit our suggestions to the Governor of 3^our State for his instructions. Until you have received and communicated his response to the President, of course your State will not attack Fort Sumter, and the President will not offer to reinforce it. _. We most respectfully submit therfc propositions, in the earnest hope that you, or the proper authority of your State, may accede to them. We have the honor to be. With profound esteem, Your obedient servants, Louis T. Wigfall, C. C. Clay, Jr. John Hkmphill, Benjamin Fitzpatrick, d. l. yulee, a. iverson, S. R. Mallory, John Slidell, Jefferson Davis, J. P. Benjamin. 14 No. 9. [letter OF UON. I. M-. UAYNE IN RErLY TO SENATORS FROM SECED- ING STATES.] Washington, January, 1861. Gentlemen : I have just received j'Oiir communication, dated the 15th instant. You represent, you say, States which have already seceded from the United States, or icill have done so before the 1st of February next, and which will meet South Carolina in Convention, on or before the loth of that month : that your people feel they have a common destiny with our people, and expect to form with them in that Conven- tion a new Confederacy and Provisional Government: that you must, and will share our fortunes, suflFering with us the evils of war, if it cannot be avoided, and enjoying with us the blessings of peace, if it can be preserved. I feel, gentlemen, the force of this appeal, and, so far as my authority extends, most cheerfully comply with your request. I am not clothed with power to make the arrangements you suggest, but provided j^ou can get assurances, with which j^ou are entirely satisfied, that no reinforcements will be sent to Fort Sumter in the interval, and that public peace shall not be disturbed by any act of hostility towards South Carolina, I will i*efer your communication to the authorities of South Car- olina, and withholding their communication, with which I am at present charged, will await for their instructions. Major Anderson, and his command, let me assure j'ou, do now obtain all necessary supplies of food, (including fresh meat and vegetables,) and, I believe, fuel and water; and do now enjoy free communication by post, and special messengers with the President, and will continue to do so, certainly, until the door of negotiation shall be closed. If your projoosition is acceded to, you may assure the Presi- dent that no attack will be made on Fort Snmter, until a response from the Governor of South Carolina has been received by me, and communicated to him. With great consideration and profound esteem, Your obedient servant, (Signed) ISAAC W. HAYNE, Envoy from the Governor and Council of South Carolina. 15 No. 10. [letter of senators of seceding states to the president.] Senate Chamber, January 11, 1861. Sir : "We have been requested to present to you copies of a correspondence between certain Senators of the United States and Col Isaac W. llayne, now in this city, in behalf of the Government of South Carolina; and to ask that you will take into consideration the subject of said correspondence. Yerj respectfully, Your obedient servants, (Signed) BEN. FITZPATKICK. S. R. MALLOEY. JOHN SLIDELL. To His Excellency James Buchanan, President United States. • No. 11. [letter of the president, through the HON. J. HOLT, SECRETARY of avar, ad interim, to the senators of the seceding states.] War Department, January 22, 1861. To the Hon. Benjamin Fitzpatrick, S. R. Mallory, and John Slidell : GrENTLEMEN : The President has received your communica- tion of the 19th instant, with the copy of a correspondence be- tween j^ourselves and others, " representing States which have already seceded from the United States, or will have done so before the 1st of February next," and Col. Isaac "W". Hayne, of South Carolina, in behalf of the Government of that State, in relation to Fort Sumter; and you ask the President to "take into consideration the subject of that correspondence." "With this request he has comjjlied, and has directed me to communi- cate his answer. In your letter to Col. Hayne, of the 15th inst., j-ou propose 16 to him to defer the delivery of a mossaa;e from the Governor of South Carolina to the President, with whieh he has been en- trusteil, for a few days, or until the President and Col. Hayne shall have eonsidcred the sn